Proposition 36: A fix to put shoplifters and thieves behind bars

CONTRA COSTA COUNTY, CA (August 20, 2024) — On the November 4, 2014 ballot, Californians passed Proposition 47, which was originally intended to reduce nonviolent criminal convictions in an effort to address prison overcrowding. In Contra Costa County, our voters overwhelmingly approved Proposition 47 66% to 34% as it was touted as a fix to save resources used to arrest and convict nonviolent offenders. What we didn’t know at the time of its passage was how negatively this initiative would affect every single community in California, including ours.

Here’s what Proposition 47 did: It recategorized previously designated felonies for shoplifting, grand theft, forgery, fraud, bad check writing and stolen property from homes, cars and businesses as misdemeanors if valued under $950. It also lowered certain drug possession charges to misdemeanors.

What was the result? A decade of smash and grab robberies, serial shoplifters, car and home break-ins, check forgers, drug dealers – all going unchecked because criminal activity valued under $950 is considered a misdemeanor and not punishable by jail time.

And for dealers possessing fentanyl, or the date-rape drug, Rohypnol, Proposition 47 is the reason they will likely escape prison time, as those crimes are misdemeanors, not felonies.

People I talk to – my neighbors, friends, law enforcement advocates and victims of these crimes – we are all fed up. So are our local businesses and retailers – some of which are closing up shop as the losses from these crimes become too wieldy. Luckily, there is something tangible we can do about it. It’s Proposition 36 on the November 5th ballot – the “Homelessness, Drug Addiction, and Theft Reduction Act”. If passed by California voters, it will reform some of the public safety challenges created by Proposition 47.

Here’s what Proposition 36 does: It increases penalties for certain property theft crimes under $950 – punishable as felonies for criminals with prior convictions. Where current thieves are subject to a maximum of 6 months in jail, Proposition 36 would increase sentences based on the amount of property stolen – punishable for up to 3 years in jail or prison. If passed, it would also increase penalties for certain drug crimes, mandate rehabilitation and include fentanyl on the list with cocaine, heroin and meth as drugs warranting a felony conviction.

Proposition 36 is supported by Californians for Safer Communities, the California District Attorneys Association, the California Sheriff’s Association, San Francisco Mayor London Breed, San José Mayor Matt Mahan, the Republican Party and our local law enforcement officers. It is being financed by Walmart, Target and Home Depot – all retailers hit heavily by serial shoplifters. Also contributing are 7-Eleven and In-N-Out Burger.

But not everyone thinks Proposition 36 is a good idea. It is opposed by Governor Gavin Newsom, criminal justice reform groups and human rights activists, the ACLU and some Democratic lawmakers. They say it will overcrowd our prisons and cost the State too much money.

Google “Proposition 36 on the California November 2024 ballot” to learn more about the initiative’s pros and cons and read the information you’ll receive next month in your Voter Information Pamphlet. As for me, I’m voting YES on Proposition 36 – I lose my mind every time I go to Target or my local drug store and the deodorant or hair products I need are in acrylic cases under lock and key.

Contact Mary Jo Rossi by email at maryjo@rossicommunications.com.

Mary Jo Rossi

Mary Jo Rossi is a local political strategist managing state/local campaigns for more than 40 years and the owner of Rossi Communications in Concord, CA.