Prop. 36 a smart way to address addiction, homelessness and theft
CONTRA COSTA COUNTY, CA (Oct. 16, 2024) — California’s Prop. 36 is an intelligent, compassionate solution to the epidemic of drug addiction, homelessness and theft in our state.
In 2014, Prop. 47 delivered a compound blow to public safety in California. It reduced the possession of highly addictive drugs from felonies to misdemeanors and eliminated most felony theft crimes. The long-term impact of these changes in our laws has been exponential.
Since the passage of Prop. 47, homelessness has increased in California by 51% – while homelessness has decreased nationally by 11%. Overdose deaths in Contra Costa have increased from 52 in 2017 to 183 in 2021.
Research commissioned by the California Legislature determined that the average value of merchandise stolen in a single incident has increased by 300%; violence involved in retail theft has increased by 35%; and 64% of small businesses have increased their prices due to theft.
Prop. 36 creates a new category of crime, a “treatment-mandated felony,” to address the often-interconnected cycle of addiction and untreated mental health issues that leads to homelessness.
Possession of fentanyl, heroin, cocaine or methamphetamine by an offender who has two possession convictions will be a treatment-mandated felony. The courts will be required to order mental health and drug addiction treatment, which also includes job training and housing services.
If an offender fails out of treatment, courts will have the authority to order the offender back into treatment with the real consequence of a state prison sentence if the offender does not put forth good faith efforts to succeed in treatment. For those who succeed in treatment, criminal charges are dismissed.
To ensure accountability for offenders who commit repeat retail thefts, Prop. 36 creates treatment-mandated felony theft charges if an offender has two theft convictions. It sets the value of felony theft charges at $400.
The legislative analyst estimates the financial impact of Prop. 36 will be less than half of 1% of our state’s budget. Counterbalanced against the potential lives saved, literally and figuratively, through drug and mental health treatment, enhanced public safety and the improved economic health of our businesses, Prop. 36 is a smart step forward improving the quality of life for Californians.
Mary Knox is a Contra Costa County Deputy District Attorney with particular expertise in organized retail theft. Email comments and questions to Editor@PioneerPublishers.com