Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MARLON RAMIREZ, ASSISTANT TO THE CITY MANAGER
D ATE: OCTOBER 8, 2024
SUBJECT: ADOPTION OF A RESOLUTION IN SUPPORT OF PROPOSITION 36
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. This bipartisan measure proposes targeted reforms to address the unintended consequences of Proposition 47, including rising retail theft and drug addiction issues. Supporting Proposition 36 aligns with the City’s commitment to enhancing public safety by providing effective tools to address crime, improve community health, and reduce repeat offenses.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24- 24-8273, in support of Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.
BACKGROUND
Since the passage of Proposition 47 in 2014, California has made strides toward creating a more equitable criminal justice system. However, over the past decade, some unintended consequences have emerged, such as increases in organized retail theft, challenges in motivating individuals to seek treatment for drug addiction, and negative impacts on local businesses. These issues have grown in severity, leading to concerns from cities across California, including Downey.
On August 16, 2024, Governor Gavin Newsom signed 10 bills into law aimed at addressing retail, auto, and property theft, with the goal of facilitating the prosecution of individuals suspected of these crimes.. Supporters of Proposition 36 state that this proposition would build on these efforts by increasing penalties for property crimes and fentanyl-related offenses.
ADOPTION OF A RESOLUTION TO SUPPORT PROPOSITION 36
OCTOBER 8, 2024
PAGE 2
ANAL YSIS
Proposition 36 is a bipartisan measure that seeks to modify Proposition 47 by introducing new provisions to address repeat offenses, drug-related crimes, and organized retail theft, with a specific focus on fentanyl trafficking and addiction. A key change involves reclassifying repeated theft under $950 as a felony for individuals with two or more prior theft-related convictions. It also allows the cumulative value of stolen property to be used to file felony charges if the total exceeds $950. Additionally, penalties would be increased for those involved in organized theft or causing significant property damage.
The initiative also addresses the fentanyl crisis by categorizing fentanyl alongside hard drugs like heroin and cocaine, introducing stricter penalties for its possession and trafficking. It grants judges more discretion in sentencing traffickers, especially in cases where fatalities or serious injuries occur. The proposition further establishes a new classification for offenders with multiple hard drug possession convictions, offering treatment options in lieu of incarceration, with the possibility of expungement upon successful completion of the programs.
The proposed changes aim to improve public safety by holding repeat offenders accountable, curbing retail theft, combating the fentanyl crisis to reduce overdose deaths and protect young people, and offering critical mental health and substance abuse treatment to support unhoused individuals and those facing mental health challenges.
Proposition 36 offers the following provisions and reforms that directly address concerns facing the City of Downey:
•Fentanyl Penalties: Proposition 36 defines fentanyl as a hard drug, enhancing penalties for fentanyl possession and trafficking. This provision is absent from the current 10-bill legislative package but is crucial as fentanyl-related deaths and addiction rise.
•Retail Theft Aggregation: Proposition 36 allows theft cases to be aggregated into a single charge, ensuring that organized theft is prosecuted more effectively. The 10-bill legislative package does not provide this provision, although related bills like SB 1144 expand online marketplace reporting requirements. •Judicial Discretion: Proposition 36 gives judges greater discretion in sentencing individuals involved in drug trafficking, specifically targeting fentanyl-related crimes. This is a significant step beyond the existing legislative measures. •Support Services: By offering mental health services, drug treatment, and job training within the justice system, Proposition 36 aims to break the cycle of homelessness and addiction that fuels repeat offenses, a key issue in Downey.
ADOPTION OF A RESOLUTION TO SUPPORT PROPOSITION 36
OCTOBER 8, 2024
PAGE 3
Several cities in Los Angeles County, including Lakewood, Whittier, Arcadia, Beverly Hills, Manhattan Beach, La Verne, Newport Beach, Santa Ana, Pico Rivera, Rosemead, Lawndale and Norwalk, as well as the League of California Cities, which endorsed the measure in September 2024, support Proposition 36, bringing the total number of supporting cities in the state to 52.
Supporting Proposition 36 ensures the City of Downey advocates for reforms that strike a balance between public safety, social services, and fairness in the justice system.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
BOARD/COMMISSION/SUBCOMMITTEE ACTION:
None.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A: Resolution No. 24-8273
RESOLUTION NO. 24-8273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION,
AND THEFT REDUCTION ACT
WHEREAS, the safety and security of the residents of Downey are of utmost importance to the City Council; and
WHEREAS, Proposition 47, approved by voters in 2014, changed some theft and drug crimes from felonies to misdemeanors, thereby reducing the punishments for such crimes; and WHEREAS, while Proposition 47 achieved notable success in making California’s criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and
WHEREAS, Proposition 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; and WHEREAS, Proposition 36, an Initiative Measure appearing on the November 5, 2024 ballot, proposes to allow felony charges and increased penalties for certain drug and theft crimes; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths, and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and
WHEREAS, Proposition 36 will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and
WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Proposition 36 allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, supporting Proposition 36 reflects the City of Downey’s commitment to enhancing public safety by advocating for meaningful and tailored reforms to our justice system
RESOLUTION NO. 24-8273
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to ensure the safety of our communities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Downey formally expresses support for Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, and the benefit that it provides for the community’s safety.
SECTION 2. The City of Downey recognizes Proposition 36 as a necessary measure to protect the public from serious drug and theft crimes, while also providing pathways to rehabilitation for offenders.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of October, 2024.
_________________________________
MARIO TRUJILLO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 8th day of October, 2024, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk