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PD Approval: Yes on Proposition 36
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PD Approval: Yes on Proposition 36

Proposition 36 will provide a needed course correction for California. If approved by voters, it would give police and prosecutors better tools to combat repeat retail theft and fentanyl trafficking. It does so while maintaining many of California’s recent criminal justice reforms. We recommend voters to support Prop. 36.

The editorial board of the Democratic Press approved Proposition 47 in 2014, because it emphasized crime prevention over recidivism, it fulfilled a federal court order to reduce prison overcrowding and saved taxpayer dollars. It has largely succeeded in these last two areas, but less so with crime prevention. From the reclassification of some theft and drug offenses to misdemeanors, retail theft — including smash-and-grabs of titles — has grown and a fentanyl epidemic has overtaken the state.

State in-depth data are missing on retail crime, but other data points to the need for the justice reform pendulum to swing back to center. From the approval of Prop. 47, most thefts under $950 were treated as misdemeanors, with the maximum penalty reduced from three years in state prison to six months in county jail. It is almost certainly no coincidence that shoplifting increased by 28% from 2019 to 2023

It was also a problem at the local level. In the first eight months of this year, 249 theft incidents were reported to the Santa Rosa Police Department, compared to 151 during the same period last year, a 65 percent increase. There were also 30 reports of organized retail theft in the year to August 31, compared with 29 in all of last year.

Meanwhile, the number of Californians dying from drug overdoses more than doubled from 2014 to 2022 to almost 11,000. Most were related to fentanyl.

Those numbers underscore why Sonoma County District Attorney Carla Rodriguez and Napa County District Attorney Allison Haley back Prop. 36.

Prop. 36 does modest changes in the way crimes are dealt with. Theft of items valued at $950 or less would be treated as a felony if the defendant had two prior theft convictions, such as shoplifting, burglary or auto theft. In response to the proliferation of retail theft networks, sentences could be longer if three or more people committed the theft or property damage together.

As for drugs, the courts would warn people that they could be charged with murder if they supply illegal drugs that kill someone. People who sell fentanyl and certain other illegal drugs could face longer prison terms. Some drug users charged with a crime could be dismissed if they complete treatment.

For this to work as promised, the state will need to make the necessary investments in expanding treatment options.

Frustrated Californians introduced Prop. 36 on the ballot because state leaders have shown neither political will nor understanding a what people have endured.

Contrary to the opponents’ claims, Prop. 36 will not relight the war on drugs. That said, the yes campaign is reckless in billing the measure as the “Reduction of Homelessness, Drug Addiction and Theft Act,” perpetuating the myth that every homeless person is an addict and a criminal.

But bad marketing doesn’t change the good content of a measure. Prop. 36 will provide a correction for criminal laws that have veered too far. He deserves the support of the voters.

You can send letters to the editor to [email protected].