Yes to Proposition 36, a smart response to drug deaths, thefts and homelessness – Santa Cruz Sentinel

California is facing an increase in homelessness, a steady rise in shoplifting, and an escalation in opioid-related deaths. There is clearly a connection between these two phenomena. How should these disturbing trends be addressed?

Proposition 36 offers a moderate answer that voters should support in the November 5 ballot.

It is a much-needed adjustment to Proposition 47, a well-intentioned criminal justice reform measure that state voters passed in 2014.
The proposal will not solve the problem of homelessness, which has many causes. It will also not end shoplifting or the state's fentanyl crisis. But it should help.

Critics of Prop. 36 say that if passed, the measure would undermine criminal justice reform in California by undoing important progress in reducing mass incarceration and promoting rehabilitation. It would impose harsher sentencing laws that would disproportionately affect people of color and low-income people and exacerbate existing racial and socioeconomic inequalities in the criminal justice system.

But contrary to critics' claims, this is not a reactionary return to the days of mass incarceration. While Prop. 36 would increase penalties for some theft and drug offenses, it would also create incentives for addicts to seek drug treatment.

We support the goals of reducing the prison population and reducing recidivism, but societal problems have worsened since the passage of Prop. 47.

Last year, 28 percent of the nation's total homeless population lived in California; statewide, the number has increased by 40 percent in just five years.
While fentanyl is widely used in our state, opioid-related deaths have nearly quadrupled in the past six years, and drug overdoses are now the leading cause of death for Californians ages 15 to 44.

According to the Public Policy Institute of California, the state's retail theft rate has risen sharply since 2021 and is now higher than it was when Prop. 47 was passed. Shoplifting is at its highest level since 2000.

These parallel trends are not surprising, as homelessness is closely correlated with mental health issues and drug addiction, and often leads to theft to fund addiction. Unfortunately, Prop. 47 made it more difficult to force addicts into treatment.

Under the 2014 measure, someone can commit a series of thefts for less than $950 each, and the repeating pattern cannot be used by prosecutors to upgrade the crime to a felony. Likewise, Prop. 47 reduced the penalty for possession of illegal hard drugs such as heroin, fentanyl and methamphetamine from a felony to a misdemeanor.

Without the threat of punishment for a serious crime, judges no longer have a chance to persuade chronic drug addicts to participate in psychiatric treatment and drug treatment programs if the charges are dropped.

Proposition 36 would change that. It would target serial offenders by making thefts of $950 or less a felony punishable by up to three years in prison if the person has two or more prior convictions for theft offenses such as shoplifting, burglary or auto theft.

And the measure addresses the problem of addiction by creating incentives for drug treatment. It allows prosecutors to charge people who possess illegal hard drugs and have already committed two drug offenses with a “treatment-requiring felony.” That would give the offender the option of opting for treatment that will have their record expunged upon completion, rather than spending up to three years in state prison.

Prop. 36 would also address grand theft offenses. Current law does not allow additional prison time for theft of property valued over $50,000. Prop. 36 would allow judges to add one, two, three, or four years for theft of property valued over $50,000, $200,000, $1 million, or $3 million, respectively.

The measure has bipartisan support, including from a significant group of Democratic state legislators and the mayors of San Jose, Matt Mahan, and San Francisco, London Breed, both Democrats.

The measure is a smart response to the state's homelessness, shoplifting and opioid addiction crises. Voters should approve Proposition 36.

The Bay Area News Group editorial staff contributed to this editorial.