Council supports Proposal 36 for theft and drugs penalties | News

Last year, the number of homeless people increased by 57 percent and the number of shoplifting incidents increased by 53 percent, the police chief said.

Stores in Chino, including Target, Dick's Sporting Goods, Marshalls, Kohl's and Nordstrom Rack, have seen shoplifting increase by 65 to 250 percent in the past year, he said. At Stater Bros. on Yorba and Riverside, $40,000 was lost to theft in one quarter, he added.

City Councilwoman Karen Comstock said when she worked for the Chino Police Department, people knew they could steal up to $950 worth of merchandise each week without facing more severe penalties. “It's terrible,” she said.

According to Police Chief Mensen, Bill 36, known as the Homelessness, Drug Addiction, and Theft Reduction Act, classifies shoplifting with two or more prior convictions as a capital crime.

Penalties for excessive theft or property damage would also be increased, for example when a group of suspects break into stores, steal goods and then disappear again, the police chief said.

Bill 47 would mitigate the consequences of drug possession by converting possession of narcotics such as marijuana, heroin and LSD from a felony to a misdemeanor, the police chief said.

In Chino, drug overdoses increased 57 percent in the first six months of 2024 compared to the previous year, with a large portion caused by fentanyl, he said.

Prop. 36 allows people who possess illegal drugs to be charged with a “treatment-oriented felony” instead of a misdemeanor in some cases. This would apply to people who possess drugs such as fentanyl, heroin, cocaine or methamphetamine and have two or more prior convictions for drug offenses such as drug possession or sale. These people would typically receive mental health or drug treatment. Those who complete treatment would have their charges dropped, while those who do not could face up to three years in a state prison, according to the secretary of state.

“We don't want to have mass incarceration for drug possession,” the police chief said. “We need to force people to either get help, go to rehab or go to jail.” He said mandatory treatment could help combat the rising number of homeless people, especially those who are under the influence of drugs and don't want help.

“It takes about 60 to 70 contacts from us before someone accepts help. Many of these are because they are under the influence of narcotics,” he said.

Councilman Marc Lucio said he supports Proposition 36, which he said does not involve mass incarceration. “It's about locking people up for committing crimes,” he said. “Because for some reason society believes that doing the right thing is wrong and doing the wrong thing is right.”

The Chino Hills City Council passed a resolution supporting Prop. 36 on Sept. 10. Local resident Joanne Genis told the council that the measure would add more teeth to crimes such as possession of a controlled substance.

Ms Genis said the proposal could potentially help get her son off the streets, who has been arrested 20 times for possession of a small amount of meth and drug paraphernalia since July 2023. “He gets summoned and released after a few hours and then goes back to his camp to use more drugs,” she said.

“If Prop. 36 is applied to my son, I hope he chooses rehabilitation instead of prison. If he chooses prison, at least I know he will no longer be living on the streets and will no longer be at risk of another fentanyl overdose.”