Prop. 36 poses cash problem for local governments

From CalMatters local news fellow Cayla Mihalovich:

California voters overwhelmingly approved Proposition 36, a new law that stiffened penalties for certain drug and theft charges, and pledged to provide “mass treatment” for those facing drug charges. 

But since the law took effect, some counties have been scrambling to implement the measure without new funding or, according to people involved in enforcing the law, sufficient resources. 

Meanwhile, hundreds of people have been charged and incarcerated. 

That’s what policy analysts, law enforcement, public defenders, district attorneys and behavioral health experts discussed at a Tuesday legislative hearing about the effect and implementation of the new law. 

• Sen. Kelly Seyarto, a Murrieta Republican: “Find your tax dollars. The citizens of California have spoken. If we do anything short of that, then we are not honoring their request.”

The Legislative Analyst’s Office estimated the measure would cost from several tens to hundreds of millions of dollars a year in increased criminal justice costs. Gov. Gavin Newsom’s January budget proposal did not allocate money for Prop. 36, but estimated the measure would yield an increase of 3,300 people to the prison population over the next year.

Roughly 30,000 cases every year — approximately 56% theft related and 44% drug related — are expected to be filed as felonies rather than misdemeanors because of Prop. 36, according to Francine Byrne, Director of Criminal Justice Services within the state court system’s policymaking body, the Judicial Council. 

Many of those cases require “significantly more” judicial oversight, underscoring the need for additional resources and funding, said Sergio Tapia, Los Angeles County Superior Court Judge.

Other experts voiced concern over the lack of treatment availability, workforce shortages, courtroom infrastructure and racial disparities in the application of the law. Despite those concerns, lawmakers expressed a commitment to fund and implement the will of the voters. 

• Sen. Anna Caballero, a Merced Democrat: “We have to spend the money to do this and I want to see us do it right. We’re going to be flying this plane and fixing it at the same time.”

During President Donald Trump’s first term, Gov. Newsom advocated strongly for “sanctuary” policies — or rules that generally prohibit the use of state or local resources to cooperate with federal immigration authorities. 

Now it appears that Newsom and other Democratic lawmakers are softening their stance on the issue, writes CalMatters’ Yue Stella Yu.

Shortly after Trump was first elected, Newsom urged California state universities to declare themselves “sanctuary campuses.” He also called upon the state to become a “sanctuary to all who seek it,” in his 2019 inauguration address.

Mindy Romero, the founder and director of the University of Southern California’s Center for Inclusive Democracy, says that Democrats nationwide may be pivoting on the issue.

• Romero: “The discussion of the day, immediately post the 2024 election, was this focus about Democrats getting it wrong on the economy and on immigration. I think they are hedging their bets by staying quiet on an issue that they are … seeing how it plays out and people’s reactions to it.”

Read more here.

From CalMatters higher education reporter Mikhail Zinshteyn:

California high school seniors will have one more month to complete their applications for state financial aid after officials moved the deadline from March 3 to April 2.

The move is intended to encourage more students to complete the Free Application for Federal Student Aid — or FAFSA — as the main way students receive both federal and state financial aid. As of Feb. 7, the number of high school seniors applying for aid is down 25% compared to similar points in time in past years.

Experts suspect that part of the decline is due to fears students have that sensitive family data collected on that federal aid application may be used by the Trump administration to conduct immigration enforcement. Trump has vowed to deport millions of undocumented individuals.

Another application called the California Dream Act Application allows undocumented students and students with undocumented parents to apply for just state aid. State officials say they don’t share student information with federal agencies. However, by not applying for FAFSA, students cannot receive federal aid.

Nearly every California high school has at least some programs focused on students’ race, such as Black, Latino and Asian student clubs, and celebrations including Chinese New Year or Cinco de Mayo.

But by Friday, schools must end these programs under the Trump administration’s directive to terminate diversity, equity and inclusion efforts. Find out how schools are responding from CalMatters’ Carolyn Jones.