Elected leaders split on California Prop 36, the measure to stiffen crime penalties

California voters will be asked this November to vote on Proposition 36, a measure that would roll back a resolution passed by voters in 2014 to reclassify some "non-violent" felonies as misdemeanors.

Prop 36 or "The Homelessness, Drug Addiction, and Theft Reduction Act" would revert Prop 47 to allow for tougher punishment for repeat retail theft offenders and for people who traffic hard drugs. Those who successfully complete treatment would have the opportunity to expunge their records.

“What Prop 36 will do is it will balance out rough edges basically that Prop 47 left behind,” San Diego County District Attorney Summer Stephan said.

“The first thing it does is it addresses the rampant retail theft so that on the third time someone steals under $950 they could face a felony charge and be held accountable for that as a deterrent effect," Stephan said. "Second, it would address open possession of hard drugs fentanyl, heroin, methamphetamine. On the third time, it offers a mandated treatment.

"And the third thing is it fights against the fentanyl dealers by requiring courts to give them a warning that if they sell fentanyl and someone dies then they’re going to be held accountable and it increases the penalty for fentanyl dealing that leads to death,” Stephan said.

According to the text of the proposed law, Prop 36 would:

• Provide drug and mental health treatment for people who are addicted to hard drugs, including fentanyl, cocaine, heroin, and methamphetamine.
• Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.
• Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.
• Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.
• Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.
• Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.
• Increase penalties for people who repeatedly engage in theft.
• Add new laws to address the increasing problem of “smash and grab” thefts that result in significant losses and damage, or that are committed by multiple thieves working together.

Some elements of Prop 47 will remain through the passage of Prop 36, according to Stephan.

“Prop 47 will still retain its best points and high points which is to give people second chances and allow them to make mistakes and remain a misdemeanor the first time they steal under $950 and the second time they steal under $950 they will still get misdemeanant treatment,” Stephan said.

The Mayor of the City of San Diego, Todd Gloria, has expressed support for Prop 36.

“At the beginning of this year, the leaders of our state said that there is nothing that needed to be done here and that 47 did not need reforming. We’ve changed that opinion. It is now a widely held sentiment that something has to be done,” Mayor Gloria said.

Local and state elected leaders aren’t all on the same page regarding Prop 36.

The county Board of Supervisors voted 3-2 Wednesday against endorsing the measure on Wednesday. Following a county staff report, Board Chairwoman Nora Vargas voted no, along with Terra Lawson-Remer and Monica Montgomery Steppe. Their colleagues Joel Anderson and Jim Desmond were in favor.

In a statement after the vote, Desmond called Prop 36 "a vital step towards making our community safer and giving people a chance to rebuild their lives."

"The voters will ultimately have the final say, and I believe they'll choose a safer, stronger future for us all," Desmond added.

Vice Chair Lawson-Remer said later that if Californians passed Prop 36, the county would lose around $14 million in state money for drug addiction and mental health treatment, along with homelessness programs.

Governor Gavin Newsom and Senator Alex Padilla support addressing retail and property theft crimes but they have expressed that Prop 36 is not the way to do so. Governor Newsom signed a legislative package that addresses retail crime and property theft.

If Prop 36 passes it will be implemented immediately, according to Stephan.