As predicted, Californians voted by a large margin to approve Proposition 36 this month. The measure makes certain drug and retail theft crimes felonies rather than misdemeanors for those who have prior convictions.
The measure also adds something called “treatment-mandated felonies” to the California legal lexicon. These are felony offenses where those convicted can avoid prison time if they complete a court-mandated drug treatment program. If a defendant doesn’t complete the program, they can be charged with an aggravated felony if they have prior convictions.
The measure, which was supported by prosecutors, law enforcement agencies and retailers throughout the state, was largely introduced to reverse some of the consequences of another measure a decade ago that changed a number of offenses from felonies to misdemeanors to help reduce the rate of incarceration and prison overcrowding.
Changing misdemeanors to felonies can mean more deportations
Prop 36 has raised concerns in immigrant communities and among those who advocate for immigrants. By bumping up these charges to felonies if there are prior convictions, it means a greater risk of deportation and not being allowed to re-enter the U.S. – even for those classified as refugees and green card holders. Immigration advocates have argued that this will lead to more families being torn apart.
One district attorney in Northern California claimed that the deportation argument is a “red herring” because prosecutors don’t seek to deport people who have committed relatively minor offenses. Of course, that’s not necessarily true across the board. Further, with the incoming administration’s emphasis on ramping up deportations, it’s only natural to be concerned about the potential consequences for immigrants that come with the approval of Prop 36.
The changes that Prop 36 brings mean that it’s crucial for immigrants who are not naturalized U.S. citizens to take any criminal charge seriously. Even minor offenses, as we’ve noted, can have serious ramifications. Getting experienced legal guidance is the best way to protect your rights.