Proposition 36 offers a common-sense approach to address California’s ongoing public safety challenges.
In 2014, voters passed Proposition 47, misleadingly titled the Safe Neighborhoods and Schools Act. This law essentially removed accountability for many criminal offenses. Voters were promised that cost savings from reduced incarceration would be reinvested in preventative services. However, nearly a decade later, these services have either failed to materialize or proven ineffective.
Before Proposition 47, individuals arrested for drug possession had the option to participate in Drug Court. This program allowed defendants to have their charges reduced upon successful completion of a diversion program. With Prop 47 reclassifying drug possession as a misdemeanor, the incentive for offenders to seek treatment vanished. As a result, participation in Drug Court has plummeted.
Additionally, Proposition 47 downgraded theft offenses from felonies to misdemeanors, limited the applicability of petty theft with prior offenses, and prevented the aggregation of multiple thefts. This has created an environment where criminals can repeatedly steal up to $950 worth of merchandise with little risk, knowing the consequence is merely a citation for each offense.
The surge in narcotics in our communities has directly contributed to California’s homelessness and mental health crises. Shockingly, nearly half of the nation’s unsheltered population resides in California. This is unsurprising when considering how California has decriminalized significant offenses over the past decade. Without laws that enforce accountability and encourage treatment, the state will continue down this path.
Proposition 36 provides a vital tool to address these issues. It would elevate a third drug possession offense to a felony, with the possibility of dismissal if the offender completes a drug treatment program. The alternative is continuing to allow individuals to suffer in addiction without any pathway to recovery.
The proposition also addresses theft. A third petty theft conviction would become a felony, and harsher penalties would apply to organized retail theft involving three or more individuals. Theft has become so rampant that many stores now lock up merchandise, with small businesses being disproportionately affected, lacking the resources to absorb ongoing losses.
Proposition 36 is a bipartisan effort aimed at much-needed criminal justice reform. It benefits both law-abiding citizens and those struggling with drug addiction and mental health issues.
Dustin Silva is a resident of Folsom and a Captain with the Sacramento County Sheriff’s Office. He is also running for Folsom City Council’s District 2 in the 2024 election.
The above commentary was authored by local resident Dustin Silva and submitted to Folsom Times. The views and opinions expressed in community commentary submissions are that of the authors and do not reflect the views and opinions of Folsom Times, its management, staff, stakeholders or advertisers.
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