Inland Empire voters approved Proposition 36 with 75% of votes—just slightly more than the statewide approval of 70%.
The crime reform package will lower the bar to bring felony charges for thefts, help bring murder charges for drug dealers whose clients overdose and mandate drug treatment programs for first- and second-time offenders.
In San Bernardino County, the proposition was approved 308,032 yes votes to 102,902 noes. In Riverside County, it was approved 387,444 to 130,517.
The reform will require those convicted of drug use to undergo a drug treatment program, at the completion of which their criminal case would be dismissed.
“Proposition 36 is not intended to fill our prisons up with addicts. Quite the contrary, it is intended to put teeth back into the criminal justice system so that we can get addicts where they belong, which is not behind bars, but into treatment,” Riverside District Attorney Michael Hestrin said at a Nov. 6 press conference following the proposition’s approval.
“I do distinguish between those who are drug addicts, and those who are drug sellers and traffickers. Those sellers and traffickers can expect the same thing they have always expected in Riverside County, which is to be prosecuted to the full extent of the law, and be put behind bars,” he continued.
It will also allow prosecutors to bring a felony theft charge for a defendant’s third conviction—regardless of how much the prosecutors allege the defendant stole. For a fourth conviction, defendants can be sent to state prison instead of county jail.
“We prosecute (thieves) already. It’s not like they come in and we don’t prosecute them. We prosecute them. There’s just no punishment under the law. So the work for our folks will not be much different. The only difference is we will stand up in sentencing and say, ‘Your honor, this person has to go to prison because they will not stop victimizing the small businesses of Riverside County,’” Hestrin said.
Proposition 36 will also require judges to tell people convicted of selling hard drugs that they could be charged with homicide if their client dies of an overdose.
“The critical element lacking in the current legislation is an advisal for repeat offenders who deal deadly substances like fentanyl and heroin. Prop. 36 strengthens our ability to hold them accountable for putting profits before human life. At the same time, it provides a clear path to rehabilitation for those willing to seek treatment,” San Bernardino District Attorney Jason Anderson told the county’s Board of Supervisors Oct. 8.
The Board then approved a resolution in support of the proposition.
“The San Bernardino County Board of Supervisors believes that Proposition 36 aligns with our commitment to reducing the impact of dangerous drugs and theft-related crimes while offering pathways to rehabilitation and recovery for individuals struggling with substance use disorders,” their resolution said.
The proposition’s largest funders were chains. Walmart provided $4.08 million, while Home Depot, Target and California Business Roundtable Issues PAC each provided $1 million. Supporters raised $16.8 million in total.
Opponents raised $7.72 million against the proposition, with $2.5 million from Patty Quillin, the wife of Netflix CEO Reed Hastings.
Both the California District Attorneys Association and the California Correctional Peace Officers Association supported it. Gov. Gavin Newsom, Assembly Speaker Robert Rivas, Senate President Pro Tem Mike McGuire and the American Civil Liberties Union of Northern California opposed.
“Prop 36 is a deceptive measure backed by extremist prosecutors that would impose draconian criminal penalties, including possible prison time, for low-level drug-related offenses—returning California to an era of costly mass incarceration and overcrowded prisons. Prop 36 will cut life-saving funding from trauma recovery services for crime victims and mental health and substance abuse treatment programs. With state laws already in place that address retail theft without threatening funds earmarked for treatment and rehabilitation, Prop 36 is unnecessary and harmful,” the ACLU’s ballot guide said.
