How Prop. 36 got Californians to vote against their values

Michelle Parris
| Especially for CalMatters

Last week, criminal justice reform in California appeared to suffer several blows.

California passed Proposition 36 — a tough-on-crime crackdown that imposes tougher sentences for low-level crimes like drug possession — and reform-minded district attorneys in Los Angeles and Oakland lost their races.

Many are asking: Is the criminal justice reform movement in California dead? The answer is no.

At Vera Action, where I coordinate our Justice of California work, we have completed referendum to learn what Californians want from their elected officials. Time and time again, spring opinion polls show that voters consistently want policies that will create safety and justice in their communities – not fear.

Californians want to ensure that there is treatment for addiction, address House crisis and make our state more affordable for everyone.

These preferences are reflected in the election results. In California and beyond, voters supported measures that prevent crime before it happens and keep our communities safe. Measure A, which will fund much-needed housing and homeless services in Los Angeles, is ready to pass. And two former public defenders running for Los Angeles County Superior Court, as part of Defender of justice efforts to strengthen services that address the root causes of crime—not just tough sentences—are likely to join the bench.

So if Californians support reform, why did so many vote for it? Prop. 36?

California residents struggle with skyrocketing costs of living, increased homelessness, overdose deaths and concern about crime. Voters are understandably concerned and frustrated that elected leaders are not doing enough. Years of relentless “if it bleeds, it leads” media coverage of crime only fueled voter anxieties. And too often, elected officials who support criminal justice reform remain silent on crime or parrot tough-on-crime rhetoric.

These conditions are ripe for exploitation and disinformation.

of special interest groups misleading message about Prop. 36 caught on because of the large amount of money and power behind it. Companies like Home Depot and Walmart, as well as prison lobby groups, poured in almost 17 million dollars — while the coalition that opposed Prop. 36 had less than half that draw. The proponents of Proposition 36 are selling lies that promised “mass treatment”, while it actually comes reduce funding for these very programs.

Voters want these services and programs, especially for people struggling with addiction. When Million Voters Project visitors contacted over 200,000 voters in California and told them that Prop. 36 would actually cut funding for effective crime and homelessness prevention programs, more than two-thirds said they opposed the proposal. But that message failed to get through because of the extent of misinformation and the uneven playing field.

Results like the judicial races in Los Angeles show that when the playing field is level and voters hear that we can have both security and justice, they choose reform over prison.

Now California must face the looming damage of this criminal justice backlash and fight for what people so clearly want and deserve: crime prevention programs, more access to mental health and drug treatment, and housing they can afford.

Voters are asking elected officials for real solutions to crime, homelessness and the overdose crisis – not mass incarceration. Unless they hear about real solutions, special interests will continue to use criminal justice reform as a scapegoat.

Michelle Parris is director of the Vera Institute of Justice’s California office and program director at Vera Action.