Gov Newsom and Calif GOP leaders debate funding to strengthen sentences for repeat offenders

As next week’s California budget debates approach, leaders of the Republican minority in the Legislature are calling for the state to fund Proposition 36, the measure that strengthens sentences for repeat theft and drug charges and offers treatment alternatives to prison.

Voters passed Proposition 36, which turned some previous misdemeanors into felonies for repeat crimes, by 70% in November, but critics of Democratic Gov. Gavin Newsom say he’s doing nothing to fund the proposition and that it's not in his budget.

Senate Minority Leader Brian Jones, R-San Diego, told The Center Square this week he would like to see the Legislature approve $400 million to properly fund Prop. 36.

Local governments need the state’s help for more staffing in district attorneys’ offices, more law enforcement officers and money to process evidence, Jones said. He added that counties also need money to add facilities, beds and practitioners for Proposition 36’s drug treatment programs.

In April, Senate Democrats rejected a Republican-backed proposal for $400 million for Proposition 36. But signs of bipartisan support for Proposition 36 emerged a month later when the Senate unanimously passed Senate Bill 28. Authored by Sen. Tom Umberg, D-Santa Ana, the measure set up funding for the Treatment-Mandated Felony Act, a provision of Proposition 36. The sponsor in the Assembly is Assemblymember Maggie Krell, D-Sacramento. A dollar amount is not listed in the bill's text.

In December, Jones and the Republican Senate Caucus wrote Newsom, requesting funding of Proposition. 36.

“By addressing repeat offenses and prioritizing rehabilitation, Proposition 36 has the potential to improve public safety, reduce crime rates and alleviate the long-term strain on the criminal justice system,” Jones wrote Newsom.

Jones told The Center Square that Newsom didn’t write him back.

Newsom has opposed Prop. 36 at every stage, from when it was proposed to when it went on the ballot, Jones said.

“Now he’s against it by not funding it," Jones said, adding that every county in the state voted for the proposition.

When asked about Republicans’ concerns, the Governor’s Office referred The Center Square to Newsom’s comments on Proposition 36 during his televised budget presentation in May.

“In terms of incarceration costs that were unfunded, we’ll absorb those costs pursuant to the will of voters,” Newsom said.

But Newsom also said counties need to spend their own money on Proposition. 36.

“The state's not the only spigot. You know, the counties have to do their job,” the governor said. He called on county supervisors and mayors who backed Proposition 36 to “step up, fund it.”

Republicans such as Assembly Minority Leader James Gallagher argue the state can afford to help the counties meet the voters’ mandate and should do so. They note Proposition 36 costs are a small portion of the state’s budget.

“It’s not a whole lot of money, so we could easily do it,” Gallagher told The Center Square this week. “This should be a no-brainer, but unfortunately, this is apparently hard for Gavin Newsom.”

Supporters of Proposition 36, including the Republicans interviewed for this story, say the measure rolled back some of the aspects of Proposition 47, passed in 2014. Critics of Proposition 47 have blamed it for rampant thefts and people committing crimes without fear of punishment. Among other things, Proposition 47 raised the threshold for felony theft to $950.

The Governor’s Office, meanwhile, has noted what it calls the governor’s work to reduce crime. Newsom signed bipartisan legislation to crack down on property crime in the summer of 2024. The law provided tougher penalties for repeat offenders and more tools for felony prosecutions, according to the Governor’s Office.

The office also noted Newsom invested $1.1 billion in recent years to fight crime such as drug trafficking and retail theft and distributed $267 million in late 2023 to 55 local law enforcement agencies to help communities combat organized theft. Weeks into 2024, the money resulted in more than 900 arrests, according to the Governor’s Office.

But various pieces of good legislation don't address the entire picture and don't fund Proposition 36, Gallagher said.

In addition, “Gavin likes to talk about how much money he has spent on things, but crime’s gotten worse,” Gallager said.

Assemblymember Tom Lackey, R-Palmdale, told The Center Square that Newsom’s decision against funding for Proposition 36 “is a calculated move.”

“The governor is setting up Proposition 36 to fail,” Lackey said.

“I’ve never seen a service yet that doesn’t have costs associated with it,” he continued. “When you deny the costs, you deny the service.”

The Center Square made multiple requests for comments from Democratic leaders in the Senate and Assembly, but did not hear back as of Friday.