Proposition 36
Prop 36: The Homelessness, Drug Addiction, and Theft Reduction Act
Fentanyl and Drug Law Changes
Fentanyl, a powerful synthetic opioid, has fueled a devastating surge in poisoning deaths across the United States in recent years. Just a few milligrams of fentanyl can be fatal, and it is often mixed with other illicit drugs without the user’s knowledge.
Proposition 36, overwhelmingly passed by California voters, went into effect on December 18, 2024. The law expands crimes involving fentanyl and introduces several significant changes to California’s drug laws, including:
- Treatment-Mandated Felonies: Individuals with two or more prior drug convictions (e.g., for fentanyl, heroin, cocaine, or methamphetamine) can now be charged with a felony requiring court-mandated treatment. Failure to complete treatment may result in up to three years in state prison.
- Quantity Enhancements: Possession of large amounts of controlled substances, including fentanyl, now triggers mandatory state prison sentences ranging from 3 to 25 years.
- Gun and Drug Enhancements: Enhanced penalties (2–4 years) apply for possessing drugs like fentanyl alongside firearms.
- “Alexandra’s Law” Warnings: Courts must warn offenders distributing “hard drugs” that causing a death could lead to murder or manslaughter charges.
The desired outcome for individuals suffering from a substance use disorder is treatment, not incarceration. We offer the following options for those in need:
Addiction Intervention Court
Addiction Intervention Court (AIC) is a specialty court program that serves individuals who struggle with substance use disorders and are involved in the criminal justice system as a result of their addiction. The program is a collaborative effort between the Yolo County Superior Court, Yolo County Public Defender, the District Attorney’s Office, the Probation Department, and the Health and Human Services Agency. The program provides intensive support services and supervision aimed at increasing a participant’s overall quality of life while reducing recidivism.
Mental Health Court
Since 2013, Yolo County prosecutors have been focusing more attention on defendants who commit crimes as a result of their serious mental illness. This program increases participant’s insight into their mental illness by connecting them with community treatment services, reducing recidivism and enhancing public safety. With that increased focus, the District Attorney was one of the Yolo County agencies instrumental in starting Mental Health Court (MHC).
Restorative Justice Partnership
Restorative Justice Partnership (RJP) is an adult criminal diversion program. RJP uses the principles of restorative justice to resolve offenses outside of the traditional court room. Participants meet in a relaxed setting to discuss their conduct with members of the local community panelists in what is called a conference. The conference is designed to hold participants accountable by helping them recognize the harms caused by their conduct.
Retail Theft Law Changes
California has experienced a significant increase in organized retail theft, particularly in major urban areas like San Francisco and Los Angeles. Large retailers report substantial financial losses from coordinated theft operations, leading some stores to reduce hours, increase security measures, or close locations entirely. The problem is exacerbated by factors including online resale markets, changes to theft-related prosecution thresholds, and stretched law enforcement resources.
Proposition 36, which took effect in California on December 18, 2024, introduced several changes to retail theft laws. Here are the key modifications:
- Felony Charges for Repeat Offenders: Individuals with two prior theft convictions can now be charged with a felony, regardless of the value of stolen items.
- Harsher Penalties for Organized Theft: Judges can impose stricter sentences for thefts involving groups, such as smash-and-grab incidents.
- Aggregation of Theft Values: Prosecutors can now combine the value of stolen goods from multiple incidents to determine charges.
- Increased Penalties for High-value Thefts: Sentencing enhancements of up to four-plus years for high-value property theft or destruction.
Retail theft doesn’t just harm businesses—it impacts the safety and well-being of our entire community. By working together, we can take action to combat this growing issue.
In this section, business owners and the public can access valuable tools to report theft, share information, and support efforts to hold offenders accountable. Your involvement plays a vital role in promoting public safety and maintaining a thriving community.
Business Owner and Resident Resources
Questions to consider when reaching out to Law Enforcement:
- What about the suspect(s) behavior within the store caught your attention?
- Did the suspect come in alone or with one or more additional person(s)?
- If more than one person, what did you observe that led you to believe they were working together to steal merchandise?
- What manner was merchandise being selected?
- With or without regard to price/size/quantity?
- Pace they selected items?
- Were they looking at a list or their phone as they selected items?
- Were they talking on the phone as they selected items?
- If you have seen the suspect(s) in your store(s) before can you provide law enforcement with additional incident information?
- Date and time?
- What was taken and the dollar amount?
- Videos and photos from incident?
- Of the merchandise taken, were any of the items “hot” or “trendy” items that are commonly stolen?