TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
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Support for Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
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RECOMMENDATION
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Review the provided information and consider approval of the attached Resolution 2024-044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
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FISCAL IMPACT
No fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships
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BACKGROUND
On November 4, 2014, California voters passed Proposition 47, a law that changed certain low-level crimes from potential felonies to misdemeanors. The savings from reduced incarceration costs were designated to be invested into drug and mental health treatment; programs for at-risk students in K-12 schools; and victim services.
Although Proposition 47 was aimed at attempting to make California’s criminal justice system more equitable, it has also led to unintended consequences over the past decade. The unintended consequences of Proposition 47 include repeat and often organized retail theft; inner-city store closings; and difficulty convincing people to seek drug and mental health treatment. These consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47.
Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver. The Chino Police Department believes Proposition 36 provides important fixes to Proposition 47 to provide further leverage in its efforts to address crimes in the City.
ISSUES/ANALYSIS
The City of Chino, like many other cities, has not been exempt from the rising challenges of homelessness, retail theft, and drug-related crimes. Last year, Chino witnessed a 57 percent increase in homelessness, placing pressure on local resources and services while also affecting the quality of life for residents. Retail theft increased by 53 percent and is a growing concern for businesses, leading to financial losses and increased security measures.
At the same time, drug crimes have become more prevalent, further complicating efforts to maintain public safety and community well-being. In the first six months of 2024, the City of Chino had a 59 percent increase in drug overdoses compared to 2023.
Drugs are a leading cause of homelessness nationwide. It often takes the Quality of Life team over 50 contacts with individuals experiencing homelessness before they accept the resources we have to offer. Moreover, it often takes more than five attempts for homeless individuals to successfully complete the rehabilitation process, stop using drugs, and achieve sobriety. These issues highlight the need for continued focus and collaboration among city leaders, law enforcement, and community organizations to address these pressing concerns.
Additionally, the fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California. Proposition 36 is crafted to define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges’ greater discretion in sentencing drug traffickers.
Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. Proposition 36 provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.
If approved, Proposition 36 will implement the following provisions:
• Reclassify retail theft with two or more prior convictions as a felony.
• Permit the aggregation of multiple theft offenses to reach a total of $950 and charge as a felony.
• Impose enhanced penalties for excessive theft or property damage.
• Impose enhanced penalties for acting in concert or participating in takeover theft or destruction of property.
• Grant discretion to charge a third hard drug possession offense as a treatment-mandated felony after two prior hard drug convictions.
• Address the fentanyl crisis by targeting fentanyl drug traffickers.
For these reasons, the California Police Chiefs Association is urging cities to support Proposition 36.
Attachment - Proposed Resolution No. 2024-044