With Election Day tomorrow, California voters will soon decide if Proposition 36 – officially the Homelessness, Drug, Addiction, and Theft Reduction Act will pass or not and have the opportunity to repeal a part of a proposition that was passed a decade ago. If Prop. 36 passed, it could set back some of Proposition 47’s reduced sentencing guidelines.

In 2014, when Prop. 47 passed it changed some theft and drug crimes from felonies to misdemeanors except in cases where the defendant had prior convictions for murder, rape, specific sex offenses, or certain firearm-related crimes. 

Maria Casillas Gonzales was 24 years old when she was incarcerated for a nonviolent crime when there was still no reform for people who were incarcerated. She shared with Kern Sol News why she is voting no on Prop. 36 and how Prop. 47 helped her after she was incarcerated.

Prop 47 helped Casillas Gonzales by reducing barriers associated with her criminal record, enabling her to expunge it in 2014, which allowed her to continue working in the medical field. 

“I benefited from Prop 47 was that I was able to expunge my record in 2014 and continue my career. Prop 47 opened doors for people who were just caught in the revolving door of minor, nonviolent offenses,” Casillas Gonzales explained. 

This reform shifted the focus from incarceration to rehabilitation, particularly for nonviolent offenses, which benefited Casillas Gonzales and others by reducing the revolving door of minor offenses leading to prison. Prop 47 also redirected those struggling with addiction toward rehabilitation programs rather than prison, creating more supportive options for people in situations similar to hers.

“If Prop 36 passes, it will eliminate Prop 47, meaning our next generation won’t have the support they need when faced with challenges in life. We’re looking at a potential return to mass incarceration,” she said.

Casillas Gonzales is justice leader and the founder of a nonprofit called Pride in Truth, which focuses on community support and services for those affected by the justice system. She also works as a community legal support coordinator at the Youth Justice Coalition, where she provides legal assistance, and court support, and helps with record expungements. Her work emphasizes alternatives to incarceration, diversion programs, and supporting community members during pretrial cases.

“The importance of making sure that Prop 36 is eliminated because the only thing Prop 36 is going to bring is another mass incarceration problem for California…” said Casillas Gonzales. “So If  you’re okay with your tax-paying money  being utilized to incarcerate people instead of  healing your community,  that’s something that should really be thought about.”

According to the Legislative Analyst’s Office overall, Proposition 36 would likely raise local criminal justice costs by tens of millions of dollars each year. 

What is Prop. 36?

Prop. 36 would permit felony charges for possession of certain drugs and thefts under $950 if the defendant has two prior drug or theft convictions.

• A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.

• A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.

According to community organizer for Initiate Justice Action, Jay Hockley, a yes on Prop.36 will “defund substance use treatment in our communities.” 

Initiate Justice is an organization that has an inside-outside strategy where we prioritize organizing people directly impacted by incarceration, inside and outside prison walls.

He said Prop. 36 is misleading because the ballot proposition is advertised as the cure for homelessness, fentanyl, and organized retail theft. But Hockley claims what it truly does is criminalize low-level individual substance use, simple personal drug possession, and simple petty theft, and will defund mental health treatment currently in communities.

Hockley said Kern County, especially in high-poverty areas, stands to lose critical funding for public health and educational services.

“If Prop 36 passes, Kern County institutions, including Kern High School District, Behavioral Health and Recovery Services, and Homeless Services, would lose critical resources,” he said.