Agenda Item Wording:
title
Approve Resolution No. 2024-56 in support of Proposition 36: Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
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Deadline for Action: 10/7/2024
Submitting Department: Police Department
Contact Name and Phone Number:
Chief Jason Salazar, ext. 4215, jason.salazar@visalia.city <mailto:jason.salazar@visalia.city>
Department Recommendation:
Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
Background Discussion:
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors. While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47.
• Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.
Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). The fentanyl crisis has reached alarming levels and is no responsible for 20% of youth deaths in California. This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.
Fiscal Impact:
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.
Prior Council Action: N/A
Other: Proposition 36 is supported by the following: California District Attorneys Association, California State Sheriffs Association, California Police Chiefs Association, League of California Cities, California Retailers Association.
Alternatives: Not accept the Resolution.
Recommended Motion (and Alternative Motions if expected):
recommendation
Accept Resolution 2024-56 of the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Resolution No. 2024-56.