Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Subject: Resolution Endorsing Proposition 36
RECOMMENDATION:
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Adopt a resolution endorsing Proposition 36, which modifies existing law related to punishment for theft and drug crimes by creating incentives for those suffering from addiction to enter treatment, treating fentanyl like other dangerous drugs and discouraging retail theft.
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BACKGROUND:
Proposition 47, which was approved by voters in November 2014, made significant changes to California’s criminal justice system. Proposition 47 reclassified as misdemeanors certain non-violent property and drug offenses that were, up to that time, either felonies or crimes that could be charged as either a felony or misdemeanor. Punishment for misdemeanors is generally lighter than for felonies. Proposition 47 requires that the state spend savings resulting from reduced incarcerations on mental health and substance use services, school truancy and dropout prevention, and victim services.
Proposition 36, which will be on the ballot statewide for the November 5, 2024, general election, would reverse some of the changes made by Proposition 47 and increase punishment for some theft and drug crimes.
It increases punishment for some of these crimes, creates a treatment-focused court process for some drug possession crimes, and requires courts to advise those convicted of selling or providing illegal drugs to others that they can be charged with murder if they subsequently sell or provide illegal drugs and someone dies as a result.
DISCUSSION:
Proposition 36 seeks to address two problems confronting the County and other jurisdictions across the state: retail theft and the trafficking of hard drugs such as fentanyl.
Retail Theft Provisions
Retail theft is harmful to our communities. Proponents of Proposition 36 assert that the widespread and worsening instances of retail theft in California have caused businesses to raise prices, lock up items and sometimes shutter entirely. If approved by voters in November, Proposition 36 would increase penalties for smash-and-grab crimes when three or more people act together to commit theft. It would also allow prosecutors to file felony charges if a defendant has two or more prior theft convictions.
Proposition 36 would also modify the $950 “threshold” established by Proposition 47, which currently provides that any theft of goods up to $950 in value is a misdemeanor, regardless of how many previous acts of theft the individual has committed. Proposition 36 would provide that an individual with two or more prior convictions for theft can be charged with a felony for a theft, regardless of the value of goods stolen. Strengthening the laws to combat retail theft will help keep small businesses open in our communities.
Fentanyl/Narcotics Provisions
Fentanyl is one of the most dangerous drugs ever introduced into our communities. Because it is produced synthetically, it is typically cheaper than other “hard” drugs, such as heroin, cocaine and methamphetamine. Fentanyl is 50 times stronger than heroin and 80 to 100 times stronger than morphine. Synthetic opioids, including fentanyl, are now the drugs most commonly involved in drug-related overdose deaths in the United States.
Proposition 36 would increase the consequences for the sale of fentanyl by reclassifying it as a hard drug and, at the same time, the proposition would authorize more serious consequences for dealers of hard drugs whose trafficking kills or seriously injuries a person who uses the drugs. Under the proposition, a judge could warn those convicted of dealing in hard drugs that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result. For drug dealers who traffic in large quantities of hard drugs, Proposition 36 would lengthen sentences based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Adopting a resolution endorsing Proposition 36 would align with the County’s goals of promoting the safety and health of its residents, protecting the property and livelihoods of individuals and supporting businesses and commerce.
EQUITY IMPACT:
The County supports policies that further or enhance equity goals in addressing the needs of underserved, disadvantaged, or marginalized residents. Endorsing Proposition 36 is consistent with those goals because it promotes the safety and health of its residents, protects the property and livelihoods of individuals and supports businesses and commerce.
FISCAL IMPACT:
The State Legislative Analyst’s Office has opined that Proposition 36 would have various fiscal effects on the state and local governments that include increased local criminal justice costs, such as a net increase in the County’s jail population and an increase in the workload for local prosecutors and defense attorneys because felonies typically require more work than misdemeanors.