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 ...
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