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Prop 36 Is Triggering an Arrest Surge in California, Hitting Black Communities Hard

July 8, 2025

Proposition 36, known as the "Homelessness, Drug Addiction, and Theft Reduction Act," has shown troubling trends six months after implementation, with early data revealing disproportionate impacts on Black communities. The measure, which passed in November 2024, increased penalties for certain drug and theft crimes by reclassifying some as felonies and lengthening sentences for specific offenses. In San Diego, data shows 32% of people arrested for Prop 36-related charges were Black despite representing only 5.

Who is affected

  • Black communities in California, particularly in San Diego (32% of arrests while being 5.6% of population) and Alameda County (90% of those charged while being 10% of population)
  • Poor people, those experiencing homelessness, drug addiction, and mental illness
  • Brown and immigrant communities
  • Los Angeles County jail inmates (population rose from 11,000 to over 13,000)
  • Public defenders who are dealing with increased caseloads
  • People committing petty theft for necessities like food, toothpaste, diapers, and soap

What action is being taken

  • Governor Newsom is allocating $110 million for Prop 36 implementation in the 2025-2026 fiscal year
  • The Los Angeles County Public Defender's Office is handling the increased caseload of Prop 36 arrests
  • Prosecutors are filing thousands of new felony drug and theft charges
  • Local police departments are implementing increased arrests under Prop 36 provisions
  • Public defenders and advocacy groups like the ACLU are raising awareness about the disproportionate impacts

Why it matters

  • Prop 36 appears to be disproportionately affecting Black, Brown, and immigrant communities
  • The law is increasing jail populations, reversing previous declines
  • The measure is straining public defender resources with increased caseloads
  • The implementation is criminalizing poverty-related offenses without addressing root causes
  • There's a significant disparity between the $110 million in funding allocated by Governor Newsom and the $400 million requested by Legislative Republicans
  • Many arrests involve people stealing necessities due to poverty rather than serious crimes

What's next

  • No explicit next steps stated in the article

Read full article from source: The San Diego Voice & Viewpoint

Prop 36 Is Triggering an Arrest Surge in California, Hitting Black Communities Hard