Roseville City Council Passes Resolution to Support Proposition 36
At its Aug. 21 meeting, the Roseville City Council unanimously passed a resolution to support Proposition 36, the Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative to reform Prop. 47, which will go before voters on November 5.
The bipartisan initiative has garnered support from small business owners, victims of fentanyl, social justice leaders, community organizations, and elected officials, and aims to address the rising issues of drug addiction and theft exacerbated by the 2014 voter-backed initiative Prop. 47, which lowered penalties for these crimes. Prop. 47 more than doubled the amount a person could steal before facing a felony charge from $400 to $950, by requiring that thefts under $950 be charged as misdemeanors.
The initiative introduces "treatment-mandated felonies," which combine judicial discretion with mandatory treatment programs to effectively curb the cycle of drug use and criminal behavior.
Key Proposals of Prop 36:
- Drug and Mental Health Treatment: This proposal mandates treatment for drug addiction with enforceable legal consequences for non-compliance, aiming to support recovery.
- Tougher Laws on Drug Dealing: It proposes increased penalties for drug dealers, especially those involved with fentanyl and other hard drugs, with provisions for murder charges if trafficking leads to death.
- Revising Theft Penalties: The initiative seeks to reintroduce harsher penalties for repeat theft offenses, target "smash and grab" crimes, and allow for the aggregation of theft values to elevate charges to felonies.
The initiative would also increase penalties for certain drug crimes by increasing sentence lengths and level of crime. The initiative would add fentanyl to the list of drugs (cocaine, heroin, and methamphetamine) that would warrant a felony charge if an individual possessed one of the listed drugs and a loaded firearm. The punishment for this crime is up to four years in prison. Currently, possessing fentanyl and a loaded firearm is punishable by up to one year in jail.
Furthermore, the initiative would increase sentences based on the quantity of certain drugs sold illegally. The initiative would require individuals who receive increased sentences because of this to serve their entire sentence in state prison instead of county jail regardless of their criminal history.
In addition, the proposed ballot measure will:
- Hold those who are committing repeated retail theft and fentanyl sales crimes accountable, for the safety and health of our communities.
- Create accountability for repeat smash and grab offenders who are driving up costs for all Californians and chasing retailers out of the state.
- Bring back incentives and accountability that are needed for individuals to get into necessary drug treatment and job training programs — helping them begin new lives. Currently those arrested multiple times for hard drug use currently have no incentive to choose treatment, with no consequences.
A "yes" vote supports making changes to Proposition 47 approved in 2014, including:
- Classifying certain drug offenses as treatment-mandated felonies.
- Increasing penalties for certain drug crimes by increasing sentence lengths and level of crime.
- Requiring courts to warn individuals convicted of distributing illegal drugs of their potential future criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine; and
- Increasing sentences for theft based on the value of the property stolen.
A "no" vote opposes this initiative that makes changes to Proposition 47 (2014), thereby maintaining the status quo with certain drug and theft crimes as misdemeanors.