California lawmakers ask for millions for Prop. 36. The true cost is still unknown

California lawmakers on both sides of the aisle are seeking hundreds of millions of state dollars to support the implementation of the state’s new theft and drug treatment law.

Proposition 36 went into effect in December after a landslide victory at the ballot box. Among other things, the new law raises the stakes of everyday street crime: instead of misdemeanors for theft and drug crimes, some petty thefts — especially for repeat offenders— can now be felonies, and a third drug offense can yield an option of either a felony or drug treatment. While posters and mailers in support of the measure vowed to “make crime illegal again,” proponents emphasized the treatment portion, claiming it would help address homelessness.

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Since the ballot measure passed, Republican lawmakers in the state have railed against Gov. Gavin Newsom for not including any funding for the law in his proposed budget. They said Newsom, who opposed the measure, is ignoring the will of the people. On the county level, local sheriffs, public defenders and judges have testified the law is jamming up courts, straining a thin treatment infrastructure and stranding some people in jail.

Many county representatives say they need significant funding for more treatment and judicial manpower. Now, the lawmakers’ asks are in: the proposition needs a funding stream that some characterize as enormous and others say is miniscule to work as advertised. But no one – not the proposition’s authors, not members of the Legislature, nor the state’s financial, nonpartisan budget experts at the Legislative Analyst’s Office – knows exactly how much is needed. Democrats and Republicans try to get the job done State Sen. Thomas Umberg, D-Santa Ana, who supported the measure last fall, is requesting $250 million annually for the law’s implementation, and Senate Republicans, led by state Sen. Roger Niello, R-Fair Oaks, are requesting $400 million per year for the measure. Both sent their letters to Senate Budget Chair Scott Wiener, D-San Francisco, in advance of an April 1 deadline, according to sources familiar with the process.

“The people of California sent a very clear message with overwhelming passage of Proposition 36,” said Umberg in his letter. “The time for the Legislature to debate the merits of any of these directives has long since passed.” The rough breakdown of Umberg’s ask includes: $85 million for law enforcement to continue targeting retail crime, $47 million for county probation departments, $50 million for a behavioral health grant program and about $50 million for county administrative costs. Senate Republicans, who made a number of other requests in their letter, did not get into specifics about where the $400 million they were requesting would go.

The requests will be considered by the Senate as they communicate with the governor about the Legislature’s budget priorities. However, in a tight budget year, it’s not certain any funding will be allocated to the measure. A spokesperson for the governor’s office said Newsom will “ensure the law is operationalized,” but did not indicate where he stands on additional funding. Both Niello and Umberg spoke of their requests during an event to mark “100 Days of Progress” since the passage of Prop. 36 in Sacramento Wednesday. There, district attorneys, law enforcement officers and business leaders from across the state discussed the state of crime and treatment since the law passed, though notably absent were county treatment facility staff members or administrators.

Click here to read the full article in the Sacramento Bee