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The San Bernardino County Board of Supervisors. | Photo courtesy of San Bernardino County
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A state ballot measure addressing homelessness, drug addiction and theft has gleaned support from supervisors in San Bernardino and Orange counties, while board majorities in Los Angeles and San Diego counties have opposed the initiative.
In November voters will consider Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, which would overturn Proposition 47 and stiffen penalties for drug possession and thefts under $950 by offenders with two prior drug or theft convictions. Under Prop 47, which state voters passed a decade ago in an effort to ease prison overcrowding, those offenses were reduced to misdemeanors.
Prop 36 would also establish stiffer penalties for fentanyl trafficking and longer prison sentences for flash-mob-style, organized retail robberies, while creating a new crime category called a “treatment-mandated felony.”
Offenders facing a third felony charge for possession of hard drugs including fentanyl, heroin, cocaine and methamphetamine “would be given the option of participating in drug and mental health treatment,” according to the proposed law. “If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time.”
On Tuesday the San Bernardino County Board of Supervisors was the latest panel of lawmakers to come out in favor of Prop 36.
Supporters claim the initiative strengthens the criminal justice system by mandating treatment or state prison time for individuals who repeatedly commit smash-and-grab thefts or traffic fentanyl.
San Bernardino County officials said the proposed law addresses “the comorbidity of drug dependence and mental health issues, which are contributing factors in the proliferation of public encampments and declining human conditions across the state.”
San Bernardino County Board of Supervisors Chair Dawn Rowe said in a statement, “This measure makes important changes in the way we prosecute specific crimes, holding offenders accountable and making our communities safer. At the same time, it ensures a balanced approach by providing an opportunity for those who require addiction treatment to get the help they need.”
County Sheriff Shannon Dicus said in a statement, “I fully support Proposition 36, which brings much-needed reforms to our criminal justice system. Prop. 36 puts consequences back into the system for suspects involved in the possession and use of hard narcotics and shoplifting. Suspects can also choose treatment and rehabilitation over incarceration for non-violent offenders.
“By helping individuals break the cycle of addiction, we can reduce recidivism and enhance public safety. … This initiative ensures that our resources are directed toward serious offenders while giving those struggling with substance abuse the opportunity for meaningful recovery,” Dicus said.
San Bernardino County District Attorney Jason Anderson said in a statement, “Proposition 36 delivers reforms needed to appropriately address the rise in drug-related crime while maintaining the integrity of our criminal justice system. The critical element lacking in the current legislation is an advisal for repeat offenders who deal deadly substances like fentanyl and heroin. Prop. 36 strengthens our ability to hold them accountable for putting profits before human life. At the same time, it provides a clear path to rehabilitation for those willing to seek treatment.”
Anderson added that an approved proposition “will give law enforcement and prosecutors the tools we need to combat crime while also offering individuals a chance at recovery and reintegration into society.”
On Sept. 24 the Los Angeles County Board of Supervisors voted 3-1 to oppose Prop 36.
LA County Supervisors Holly Mitchell and Hilda Solis’ motion argued that Prop 47 provides millions in funding for housing services, mental health care, addiction treatment and job training.
If voters pass Prop 36, it would cause “a loss of funding for Los Angeles County programs that provide alternatives to incarceration and necessary supportive services to communities,” according to the motion.
The supervisors contend the initiative would lead to higher incarceration rates, higher court costs and take away funding from programs that aim to reduce crime and recidivism.
“This measure, while seemingly well-intentioned, undermines the social and economic interests of the county, disproportionately affects vulnerable populations, and threatens to reverse important gains in justice reform,” according to the motion.
The motion also said the county’s programs have received more funding than anywhere else in the state and have helped over 10,000 people who have demonstrated a low rate or crime recidivism — 90% of individuals who received Prop 47-funded diversion and reentry services in LA County from 2019 to 2023 were not convicted of any subsequent crimes.
Supervisor Janice Hahn recused herself from the vote, and Supervisor Kathryn Barger voted against the motion.
“I’m supporting Proposition 36 because it will reinstate accountability on crimes destroying the quality of life of law-abiding people in Los Angeles County,” Barger said in a statement. “I believe this proposition isn’t about overturning Proposition 47 in its entirety. Proposition 36 was created by a group of bi-partisan state legislators. It’s focused on modifying legal loopholes that repeat offenders exploit as they manipulate the system to avoid legal consequences. …
“I also believe we can implement Proposition 36’s reforms in a balanced way that respects our Board of Supervisors’ commitment to diversion and rehabilitation,” Barger continued. “We will continue honoring our sizable, multimillion-dollar investments in the work of our county’s Justice, Care and Opportunities Department and Department of Youth Development. Their respective missions are to decrease recidivism, enhance re-entry services, and ultimately prevent individuals from becoming involved with justice systems.
“But supporting Proposition 36 sends a clear message to individuals who feel they are beyond the reach of the law: you will be held accountable,” Barger said.
On Wednesday the Orange County Board of Supervisors voted its support for Prop 36.
“Proposition 47 has contributed to the rise in organized retail theft, store closures, and difficulties in getting people the mental health and addiction treatment they desperately need,” OC board Chair Don Wagner said in a statement. “Proposition 36 offers targeted solutions, ensuring public safety while helping individuals break the cycle of addiction and crime.”
OC Supervisor Katrina Foley said in a statement, “Our communities deserve to feel safe whether walking their dogs, shopping at the Plaza, sleeping in their homes, or grabbing a Slurpee at 7/11. We can no longer tolerate this culture of crime that’s developed in the State of California. I strongly and unequivocally support Proposition 36.”
Also Wednesday, a divided San Diego County Board of Supervisors voted 3-2 to reject endorsement of Prop. 36.
Board Chairwoman Nora Vargas voted against the endorsement, as did Terra Lawson-Remer and Monica Montgomery Steppe. Supervisors Joel Anderson and Jim Desmond were in favor of a resolution supporting Prop 36.
In a statement following the vote, Desmond called Prop 36 “a vital step towards making our community safer and giving people a chance to rebuild their lives.”
Vice Chair Lawson-Remer said that an enacted Prop 36 would make San Diego County lose around $14 million in state funding for mental health and drug addiction treatment, along with homelessness programs.
Lawson-Remer added that the proposed law would result in the county spending $58 million more each year for criminal justice expenditures.
“Getting rid of the successful programs that provide treatment for people abusing drugs and alcohol will create more criminals, and will result in hundreds more people living on our streets,” Lawson-Remer said in a statement.
The election featuring Proposition 36, along with the races for president and many local, state and federal offices, is Nov. 5.
Updated Oct. 11, 2024, 2:15 p.m.
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