California Black Media

Opinion: Why Californians Must Reject Proposition 36 This November

In November, voters have a crucial opportunity to reject Proposition 36, a misguided effort backed by major law enforcement associations and some players in the corporate retail lobby that will make our communities less safe. Although the authors of the proposition have euphemistically labeled it “The Homelessness, Drug Addiction, and Theft Reduction Act,” Prop 36 will increase punishments for people experiencing homelessness and substance use disorders without providing any funding for treatment or housing. Prop 36, like policies similar to it in the past that have harmed Black people, will affect a disproportionate number of Black disabled people.

Published

2 years ago

September 11, 2024

Oakland Post

San Jose, CA - Aug 16, 2024: Governor Gavin Newsom signing 10 new bills, groundbreaking legislation aimed at combating retail crime in California. (Shutterstock) By Eric Harris, Special to California Black Media Partners

By Eric Harris, Special to California Black Media Partners

Although the authors of the proposition have euphemistically labeled it “The Homelessness, Drug Addiction, and Theft Reduction Act,” Prop 36 will increase punishments for people experiencing homelessness and substance use disorders without providing any funding for treatment or housing. Prop 36, like policies similar to it in the past that have harmed Black people, will affect a disproportionate number of Black disabled people.

Over the past decade, Californians have voted to reduce our prison population. To achieve that goal, in 2014, we passed Proposition 47, which reclassified many low-level nonviolent offenses, such as drug possession and property crimes, from felonies to misdemeanors. This was an important step to reform our criminal legal system, leading to an overall drop in crime statewide and decreased rates of recidivism. In contrast, Prop 36 would impose longer sentences and harsher punishments for theft and drug-related offenses. Rather than investing in meaningful solutions, Prop 36 relies on expensive band-aids such as “treatment-mandated felonies” for repeated drug possession.

Nationwide, people with disabilities are disproportionately represented in our prison system at staggering rates, with over 40% of people in state prisons having a disability, compared to only 15% of people in the general population. In California, 1 in 3 people in prison have a diagnosed mental illness. This overrepresentation reflects decades of policies that prioritize incarceration over housing affordability and community-based alternatives, especially in Black and Brown communities, and among people experiencing homelessness.

By increasing the number of people experiencing incarceration, Prop 36 will exacerbate the number of Californians with disabilities in our prison system, while also disabling new people who enter the system. Beyond being overrepresented, people with disabilities experience inhumane treatment in prison and jail where they are often denied proper accommodations, medical care, and services. Further, prison and jail conditions often exacerbate people’s existing conditions, meaning people are at risk for leaving incarceration with disabilities they did not have when they entered the system.

Moreover, while special interests have framed Prop 36 as an attempt to address drug use, its mandated treatment model will lead to more people with disabilities facing incarceration, while their substance use disorders remain untreated. Experts agree that mandating drug treatment for individuals convicted of a drug-related offense does not effectively reduce drug use. Further, Prop 36 does not offer any funding for substance use treatment of any kind, let alone evidence-based practices. This will perpetuate the existing system in which people with substance use disorders end up incarcerated, instead of having access to community-based treatment.

Prop 36 will also worsen the socioeconomic conditions at the root of the problems it claims to address. A felony conviction makes it far more difficult to find employment and stable housing post-incarceration, which has a compounding impact for people with disabilities who already are more likely to be facing housing insecurity and unemployment.

Californians should oppose any measures that double down on punishment and incarceration. Instead of Prop 36, we need policies that invest in community-driven solutions for healthier communities.

About the Author

Eric Harris is the Associate Executive Director of External Affairs at Disability Rights California.

Oakland Post

Posts by Oakland Post

Up Next

Sacramento: More Than 250 News Professionals Attend Ethnic Media Awards and Conference

Don't Miss

Opinion: California Ethnic Media Celebrates Its Purpose — And People

Oakland Post

Click to comment

Activism

Oakland Post: Week of May 13 – 19, 2026

The printed Weekly Edition of the Oakland Post: Week of May 13 – 19, 2026

Published

30 minutes ago

May 15, 2026

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Activism

Oakland Post: Week of May 6 – 12, 2026

The printed Weekly Edition of the Oakland Post: Week of may 6 – 12, 2026

Published

5 days ago

May 10, 2026

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Activism

On the Frontlines of Hate: NAACP Links Victims to Critical Support

The NAACP CA/HI has a long and well-established record of supporting victims of discrimination and hate crimes — providing critical referrals and, when necessary, direct assistance through legal advocacy and other forms of support. Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Published

2 weeks ago

May 1, 2026

Oakland Post

NAACP members at a recent advocacy day in Sacramento urging lawmakers to protect voting rights. Photo courtesy of California Black Media.

By Joe Kocurek
California Black Media

The California/Hawaii State Conference of the NAACP (CA/HI NAACP) has expanded its efforts to respond to rising hate incidents and civil rights complaints across California, supported in part by funding from California’s Stop the Hate Program

Through that grant, NAACP CA/HI has strengthened its ability to connect individuals experiencing hate or discrimination with critical resources. This includes referring those who file complaints to the CA vs Hate hotline, a statewide, non-emergency hate crime and incident reporting hotline and online portal created to help counter a more than 50% increase in reported hate crimes in California between 2020 and 2024. The system helps ensure incidents are documented, and victims are guided toward appropriate support.

LaJuana Bivens says the work of NAACP is as urgent as ever. Photo by Regina Wilson, California Black Media.

LaJuana Bivens, who has served in a number of roles within the NAACP, said California has seen an increase in civil rights violations and hate-related incidents.

“We have 52 branches, and they are constantly receiving complaints,” she said. “So, without the Stop the Hate, we would not be able to refer those cases up to attorneys at the state level. A lot of the people would not have had an opportunity to be heard.”

Carmen-Nicole Cox helps survivors of hate with their legal options. Photo courtesy of Carmen-Nicole Cox.

Carmen-Nicole Cox, an attorney who works with NAACP CA/HI – as a part of California’s Stop the Hate Program – provides legal consultation to victims of hate incidents and discrimination through her legal practice, the Cox Firm for Law and Policy.

She said the complaints she receives span a wide range of issues.

“People are having home builders and landlords refusing to provide repairs, a student was denied promotion in an academic program, and targeted scrutiny at work,” she said. “It’s typically employment; it’s housing; it’s education.

“We’ll meet and they’ll share their experiences,” she said. “And then I make assessments about possible legal claims.”

According to the California Civil Rights Department (CRD), nearly 1,200 reports of hate against minority groups were submitted in 2024 through the CA vs Hate hotline and online portal for non-emergency incidents.

While the California/Hawaii State Conference of the NAACP, which has tens of thousands of members, does not directly investigate hate incidents or crimes, it plays a key role in connecting victims to the state’s reporting systems and support services.

Beyond responding to incidents, the organization continues to advocate on broader civil rights issues, including voting rights and legal protections. It has also worked to counter efforts at the state and federal levels that could weaken the voting power of communities of color.

Bivens recently traveled to Sacramento to speak with state lawmakers about voting rights during an advocacy day event hosted by the organization.

“It’s just so hard for communities of color to be up to date because of all of the confusing information coming from the federal level,” she said. “I love our great state of California because here it is possible to vote by mail and to vote early.

“And I’m seeing that trying to be eroded. So, I’m here to urge continued support for vote by mail and early voting.”

When Texas moved to redraw congressional districts in ways critics said would dilute minority voting strength, NAACP CA/HI supported the passage of Proposition 50 in California. The organization also intervened in United States v. Shirley Weber, where federal officials sought access to unredacted California voter records, including Social Security numbers, raising concerns about misuse and voter intimidation.

Cultivating the advocacy and leaderships of young people is central to NAACP’s mission to fight racism and dismantle inequality. Photo courtesy of California Black Media.

A federal district court dismissed that case in January 2026.

The organization’s current work builds on a long history of civil rights advocacy. Today, Bivens says, the organization’s mission remains as urgent as ever.

“We are the oldest, boldest, most feared Civil Rights organization,” Bivens said. “What we do every day is fight for better housing, education, economic development and political inclusion. We take it on because there are just so many people who need that support.

“You would be amazed that our phones ring every single day.”

Get Support After Hate:

California vs Hate is a non-emergency, multilingual hotline and online portal offering confidential support for hate crimes and incidents. Victims and witnesses can get help anonymously by calling 833-8-NO-HATE (833-866-4283), Monday to Friday, 9 a.m.–6 p.m. PT, or online at any time. Anonymous. Confidential. No Police. No ICE.

This story was produced in partnership with CA vs Hate. Join them for the first-ever CA Civil Rights Summit on May 11. More information at www.cavshate.org/summit.

https://youtu.be/_k7UVhI-sN8