Proposition 36 would allow felony charges for possessing certain drugs and for thefts under $950, if the defendant has two prior drug or theft convictions.
If passed, it would mean people convicted of certain drug or theft crimes could receive increased punishment, like 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.
Those opposed say it is a fraud that will take us backwards. Prop 36 would essentially un-wind Prop 47 which was passed ten years ago and made some theft and drug crimes misdemeanors instead of felonies.
"Proposition 36 will eliminate billions of dollars in funding that would have otherwise gone to crime prevention and harm prevention services," said LaNaisha Edwards with the group Crime Survivors for Safety and Justice. "Services like drug and mental health treatment, trauma recovery centers for victims and re-entry services for folks coming home in need of stability and opportunity."
Supporters of Prop 36 call it a reform, not a repeal of Prop 47 and include many democratic mayors across the state and democrats running for congress.
Los Angeles City Councilwoman Eunisses Hernandez is urging voters to vote no because she says Prop 36 will lead to mass incarceration.
"If you're serious about tackling crime then you're going to make the investments to tackle crime. This initiative right here is a corporate driven imitative that they've been pushing since Prop 47 passed and a lot of our democrats are democrats, but they're moderate democrats. Corporate democrats that are tied to the success of these corporations," said Hernandez.
Supporters of Prop 36 say that offenders will be able to make a decision about treatment and jail and if they choose jail they won't be able to use drugs while incarcerated. But, drugs continue to make their way into jails. Just this week, seven inmates were hospitalized after a possible drug exposure incident.
But former candidate for mayor of Los Angeles Rick Caruso who is running ads urging a yes vote tells Eyewitness News we must have consequences for drug crimes and retail theft or else the same people will continue committing these crimes.
"There's two things that people are feeling. One is, they see that there's more crime around them and two is that they feel unsafe. So, what you have on the ballot with Prop 36 is an opportunity to change that," said Caruso.
"A cornerstone of good government is to try something and when it's not working, pivot and try and rectify it. 36 does that by holding serial criminals accountable," he added.