ARTICLE
The political winds are beginning to shift as we enter the three month policy and political push toward election day. Early this month, the controversial Proposition 36 was cleared by the Secretary of State to appear on the November 5th ballot. This measure will modify Proposition 47, which changed the decade's hold-on-crime policies from 1970 to 1980 and the early 1990s when crime was the major political issue of the day. In 2014, voters passed Proposition 47, aimed at reducing California’s overcrowded prisons in part by changing some felony crimes to misdemeanors. Among those changes was raising the threshold for felony shoplifting to $950. Prop. 47 made some simple drug possession charges into misdemeanors and allowed people who were convicted of felonies on those charges before 2014 to have them reclassified to misdemeanors. That shakeup of the criminal justice system has had measurable impacts: A February report from the Board of State and Community Corrections found that the state saved $93 million between 2019 and 2023 by diverting more than 21,000 people from jail or prison and providing them substance abuse and mental health treatment instead. According to the study, those 21,000 people had a recidivism rate of 15.3%, far lower than the statewide rate of about 40%. In the decade since, Prop. 47 has become a conservative target, blamed by some sheriffs and prosecutors for viral videos of shoplifters converging on department stores and increases in some property crimes. This year, they proposed — Prop. 36 — which would allow district attorneys to charge people with a felony on a third offense for drug possession or for thefts of less than $950. It would also allow for harsher penalties for people who traffic fentanyl that leads to someone’s death. The back and forth debate about a Newsom lead compromised ballot measure fell apart last month when the Governor withdrew his proposal which he and Democratic leaders said was not possible and that there was not enough time to meet election deadlines. Instead, the Governor turned to his Democratic legislative colleagues to scope out a legislative fix with a 10 bill package that they believe will be more responsive and less punitive than Proposition 36. California Assembly Speaker Robert Rivas held a press conference on Monday, August 19, in Salinas and stated, “Today, we’re done with smash-and-grabs. We’re done with products being locked up. Today, law-abiding citizens — not criminals — make the rules.” Speaker Rivas represents communities across San Benito, Santa Cruz, Monterey, and Santa Clara counties while also leading the Democratic Assembly Caucus in Sacramento’s State Capitol. Earlier this summer, Speaker Rivas was in Santa Cruz, addressing the Chamber and community members on the possibility that his legislation (AB 2943) would make it to the Governor’s desk. Speaker Rivas’ package of new legislation, which was signed into law by Governor Gavin Newsom on Friday, provides new tools to stop this problem. The laws create a new felony charge to target organized criminals, allow prosecutors across different counties to work together to stop thieves and crack down on online marketplaces that sell stolen items. Speaker Rivas’ press release is here: https://speaker.asmdc.org/press-releases/20240819-assembly-speaker-robert-rivas-champions-historic-retail-theft-laws-central We are about to see a legislative vs. ballot measure clash: When Newsom signed the bills last Friday at a Home Depot in San Jose, he called it “the most significant legislation to address property crime in modern California history,” adding, “This goes to the heart of the issue, and it does it in a thoughtful and judicious way.” Prop. 36 advocates weren’t impressed, saying, “State leaders have had years to address California’s crime and drug crises, yet little has been done to tackle the root causes. These newly passed legislative bills are half measures, failing to address the fundamental issues of habitual repeat theft, the fentanyl epidemic, and the ongoing homelessness crisis, which remains unaddressed due to the lack of strong incentives for drug treatment.” So what will be the next back and forth exchange between the Governor and Democratic legislative leaders and proponents of Proposition 36? A sidebar view and timely release of UC Berkeley’s Institute of Governmental Studies poll shows that Prop. 36 has a commanding lead of voter support with 56% to 23% separation. https://mailchi.mp/berkeley.edu/berkeley-igs-poll-2024-15-state-ballot-propositions. There is uncertainty about whether the governor will be content with the legislative package or mount an opposition campaign against Prop. 36? Stay tuned; this is only the beginning of the election season.
The political winds are beginning to shift as we enter the three month policy and political push toward election day. Early this month, the controversial Proposition 36 was cleared by the Secretary of State to appear on the November 5th ballot. This measure will modify Proposition 47, which changed the decade's hold-on-crime policies from 1970 to 1980 and the early 1990s when crime was the major political issue of the day.
In 2014, voters passed Proposition 47, aimed at reducing California’s overcrowded prisons in part by changing some felony crimes to misdemeanors. Among those changes was raising the threshold for felony shoplifting to $950. Prop. 47 made some simple drug possession charges into misdemeanors and allowed people who were convicted of felonies on those charges before 2014 to have them reclassified to misdemeanors.
That shakeup of the criminal justice system has had measurable impacts: A February report from the Board of State and Community Corrections found that the state saved $93 million between 2019 and 2023 by diverting more than 21,000 people from jail or prison and providing them substance abuse and mental health treatment instead.
According to the study, those 21,000 people had a recidivism rate of 15.3%, far lower than the statewide rate of about 40%.
In the decade since, Prop. 47 has become a conservative target, blamed by some sheriffs and prosecutors for viral videos of shoplifters converging on department stores and increases in some property crimes.
This year, they proposed — Prop. 36 — which would allow district attorneys to charge people with a felony on a third offense for drug possession or for thefts of less than $950. It would also allow for harsher penalties for people who traffic fentanyl that leads to someone’s death.
The back and forth debate about a Newsom lead compromised ballot measure fell apart last month when the Governor withdrew his proposal which he and Democratic leaders said was not possible and that there was not enough time to meet election deadlines.
Instead, the Governor turned to his Democratic legislative colleagues to scope out a legislative fix with a 10 bill package that they believe will be more responsive and less punitive than Proposition 36. California Assembly Speaker Robert Rivas held a press conference on Monday, August 19, in Salinas and stated, “Today, we’re done with smash-and-grabs. We’re done with products being locked up. Today, law-abiding citizens — not criminals — make the rules.” Speaker Rivas represents communities across San Benito, Santa Cruz, Monterey, and Santa Clara counties while also leading the Democratic Assembly Caucus in Sacramento’s State Capitol.
Earlier this summer, Speaker Rivas was in Santa Cruz, addressing the Chamber and community members on the possibility that his legislation (AB 2943) would make it to the Governor’s desk.
Speaker Rivas’ package of new legislation, which was signed into law by Governor Gavin Newsom on Friday, provides new tools to stop this problem. The laws create a new felony charge to target organized criminals, allow prosecutors across different counties to work together to stop thieves and crack down on online marketplaces that sell stolen items. Speaker Rivas’ press release is here: https://speaker.asmdc.org/press-releases/20240819-assembly-speaker-robert-rivas-champions-historic-retail-theft-laws-central
We are about to see a legislative vs. ballot measure clash: When Newsom signed the bills last Friday at a Home Depot in San Jose, he called it “the most significant legislation to address property crime in modern California history,” adding, “This goes to the heart of the issue, and it does it in a thoughtful and judicious way.”
Prop. 36 advocates weren’t impressed, saying, “State leaders have had years to address California’s crime and drug crises, yet little has been done to tackle the root causes. These newly passed legislative bills are half measures, failing to address the fundamental issues of habitual repeat theft, the fentanyl epidemic, and the ongoing homelessness crisis, which remains unaddressed due to the lack of strong incentives for drug treatment.”
So what will be the next back and forth exchange between the Governor and Democratic legislative leaders and proponents of Proposition 36? A sidebar view and timely release of UC Berkeley’s Institute of Governmental Studies poll shows that Prop. 36 has a commanding lead of voter support with 56% to 23% separation. https://mailchi.mp/berkeley.edu/berkeley-igs-poll-2024-15-state-ballot-propositions. There is uncertainty about whether the governor will be content with the legislative package or mount an opposition campaign against Prop. 36? Stay tuned; this is only the beginning of the election season.