DATE:
October 15, 2024
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Melinda Sayre, Deputy City Manager/City Clerk
Tammy Pelayes, Assistant to the City Manager
SUBJECT:
Proposition 36 – Homelessness, Drug Addiction, and Theft Reduction Act
RECOMMENDED ACTION
It is recommended that the City Council consider adopting Resolution No. 2024-53, supporting Proposition 36 – the Homelessness, Drug Addiction, and Theft Reduction Act.
BACKGROUND
The League of California Cities has contacted cities across the state to seek resolutions in support of Proposition 36, a bi-partisan measure. Because the Hesperia City Council has continued to include language in its annual legislative platform seeking legislative tools to increase community safety, this resolution is being presented for City Council consideration.
On November 4, 2014, California voters approved Proposition 47 (Prop 47), also known as the Safe Neighborhoods and Schools Act. Although Prop 47 resulted in some positive changes such as allowing the State to provide $100 million annually to victim services, mental health, and substance use services, local jurisdictions are feeling the negative side effects of Prop 47. California has experienced a spike in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, which many attribute in-part to Prop 47.
Prop 47 recharacterized most drug offenses and thefts of property valued under $950 from felonies to misdemeanors. Under Prop 47, offenders of these crimes receive little to no punishment for their behavior. To address these issues, Proposition 36 (Prop 36) was developed, which aims to reform laws contributing to these issues. Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act, seeks to combat the negative outcomes experienced by the passage of Prop 47. Prop 36 has garnered widespread support, with endorsements from the League of California Cities, public safety leaders, local governments, and businesses across California.
ISSUES/ANALYSIS
Prop 36 is intended to reform Prop 47 and has qualified for the November 2024 ballot. The measure will reform laws that have dramatically increased homelessness, drug addiction and theft throughout California. Key provisions include:
Addressing the Fentanyl Crisis
Allows those who possess illegal drugs (fentanyl, heroin, methamphetamine, etc.) to be charged with a treatment-mandated facility, instead of a misdemeanor, in some cases; Enables stricter penalties for dealers whose trafficking causes death or serious injury; Sentences for selling certain drugs (fentanyl, heroin, methamphetamine) can be lengthened based on the amount sold.
Addressing Theft Related Crimes
Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft related convictions (burglary, carjacking, shoplifting); Allows stolen property values from multiple thefts to be combined, so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties; Lengthens felony sentences for theft or damage of property up to three years if three or more offenders commit the crime together; Proposes reinstating felony charges for repeat theft offenders and enhancing penalties for "smash and grab" thefts.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety - Ensure public safety resources adequately protect our community.
FISCAL IMPACT
There is no fiscal impact associated with approval of the recommended action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Resolution No. 2024-53
Initiative Text 23-0017 A1
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the City Council
Resolution No. 2024-53
October 15, 2024