September 17, 2024, Item #12DATE: TO: FROM: SUBJECT: Summary: M EMQRAN DLJ M City of Poway September 17, 2024 Members of the City Council Steve Vaus, Mayor Caylin Frank, Deputy Mayor Letter in Support of Proposition 36: Homelessness, Drug Addiction and Theft Reduction Act In 2014, California voters approved Proposition 47. The intent of the legislation was to reduce California's prison overcrowding by reducing many theft and drug felonies to misdemeanors. The unintended consequences experienced by cities and law enforcement throughout California have been an increase in retail theft and trafficking of deadly hard drugs because people committing these crimes do not face serious consequences. Proposition 36, is a citizen initiative that qualified to be on the November 5, 2024 election ballot after more than 900,000 signatures were gathered from California registered voters. The ballot initiative, called the Homelessness, Drug Addiction and Theft Reduction Act, seeks to change provisions of Proposition 47. On the retail theft front it would increase penalties for smash-and-grab crimes, create tougher penalties and more accountability for repeat retail theft offenders, and allow stolen property values from multiple thefts to be combined. In terms of drug related crimes, it would enact stricter penalties for drug dealers whose trafficking causes death or serious injuries, ensures fentanyl is treated like heroin, cocaine, PCP, and methamphetamine when offenders possess a firearm and toughens penalties for selling large amounts of fentanyl. Proposition 36 also promotes drug and mental health treatment by restoring incentives for people to utilize drug courts that mandate treatment, creates a "treatment-mandated felony", and allows individuals who successfully complete treatment to avoid jail time and expunge their records. While Poway remains the safest city in San Diego County and one of the safest cities in California, we are not immune to the unintended impacts of Proposition 47. We believe both residents and the business community would benefit from the changes proposed in Proposition 36. We are therefore recommending the City Council agree to submit a letter in support of Proposition 36 to San Diego District Attorney Summer Stephan, who has been part of the statewide coalition of state and local 1 of 3
September 17, 2024, Item #12elected officials, the law enforcement community, chambers of commerce and the business community, all working together in support of this ballot measure. Recommended Action: We ask for Council members' concurrence to formally submit a letter on behalf of the City in support of Proposition 36. Attachments: A. Letter Reviewed/Approved By_ b.~ Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Chris Hazel!" City Manager
3 of 3ATTACHMENT ASeptember 17, 2024, Item #12STEVE V AUS, Mayor CITY OF POWAY CA YLIN FRANK, Deputy Mayor PETER DE HOFF, Councilmember ANITA EDMONDSON, Councilmember BRIAN PEPIN, Councilmember September 18, 2024 Honorable Summer Stephan San Diego County District Attorney Hall of Justice, 330 West Broadway San Diego, California 92101 Dear District Attorney Stephan: On behalf of the Poway City Council, thank you for your leadership in the efforts to place Proposition 36 on the November 5, 2024 ballot. The City Council discussed the ballot measure at its September 17, 2024 meeting and is in full support of the critical changes this measure will bring to our criminal justice system. The unintended consequences of Proposition 47 can no longer be ignored. As leaders of our community, preserving the health and safety of Poway is our highest priority. It is imperative there be real consequences to those who commit property theft against businesses and those who sell and distribute illicit drugs in our communities. Proposition 36 provides valuable tools to law enforcement and prosecutors and is widely supported by a broad coalition of state and local officials, public safety leaders, chambers of commerce, trade groups, private businesses and justice and victim advocacy groups. While it is hoped the changes will serve as deterrents for some, it is equally important that those who choose to commit crimes are held accountable for their actions. We also recognize the value of incentivizing people to utilize drug courts that mandate treatment and the cascading benefits of getting individuals into drug and mental health treatment instead of sending them to jail. We do acknowledge there will be costs associated with implementing this legislation if it is approved by voters, however the costs of doing nothing and continuing with the status quo are far greater. Businesses are impacted by retail theft which threatens their viability and in some cases results in closures which affects the economy and jobs. Having little to no consequences associated with illicit drug sale and distribution means we will only continue to see an increase in the devastating impacts of fentanyl in our communities. We also recognize simply sending people to prison is not a real solution to the issues surrounding drug addiction and mental health which is why the incentives included in Proposition 36 to utilize drug courts that mandate treatment are so essential. Again, Poway appreciates your leadership and advocacy on this necessary legislation. Even though our immediate focus is Poway, we believe all Californians will benefit from the passage of Proposition 36. Sincerely, Steve Vaus, Mayor Caylin Frank, Deputy Mayor City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org