On the November ballot, you’ll see California Proposition 36: Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative. Some people are calling this a “tough-on-crime” initiative, but really, it’s a common-sense initiative intended to fix a whole bunch of problems caused by Proposition 47.
I had a conversation with Mendocino County Sheriff Matt Kendall and Mendocino County District 1 Supervisor-elect Madeline Cline to hear their thoughts on how Prop. 47 has affected life in Mendocino County and how Prop. 36 might change things. Here’s what I learned.
Back in 2014, well-meaning voters passed Prop. 47, which reduced certain theft and drug crimes from felonies to misdemeanors. These voters were hoping to prevent unfair punishments for people who were down on their luck (the poor, the homeless, people struggling with drug addiction, etc.). However, as often happens when legislators focus too narrowly on any given topic, in many ways Prop. 47 ended up making things worse instead of better.
The purpose of Prop. 47 was to reduce state prison crowding by adopting alternative sentencing methods for nonviolent crimes. The co-author of Prop. 47 estimated that the bill would reduce the state’s prison population by 13,000 and save the State about $150 million in 2015 alone.
Well, all those inmates had to go somewhere, and many were sent to cash-strapped county jails. That meant that instead of jailing local people for minor crimes for a few months, the Mendocino County Jail was suddenly responsible for housing and caring for people convicted of more serious crimes with longer sentences. This required the jail to provide more food and programs for more inmates, as well as ongoing and preventive healthcare. And when an inmate’s sentence ended, that person was released into our community.
Matt reminded me that his goal is to make Mendocino County as safe as possible. Having a safe community is a goal we share—it’s good for the people who live and work here, and as a real estate broker and homeowner, I like the fact that more safety usually translates to higher real estate values.
In addition to bringing more criminals to our county, Proposition 47 opened a door a mile wide for people willing to game the justice system. These criminals began shoplifting items just under the value threshold to keep their crime a misdemeanor rather than a felony. And Prop. 47 does not consider cumulative effects. So, someone can steal $900 worth of goods over and over and over, and it’s always a misdemeanor. Given the non-violent nature of this crime, local law enforcement cannot afford to put too many resources toward this. Officers must put their time and attention on violent crimes and felonies first.
Imagine the frustration of local business owners who watch thousands of dollars of merchandise leave the premises, afraid to allow their employees to engage for fear they will get hurt. I could go on and on about why Prop. 47 is problematic but let me just say that I plan to vote for Prop. 36 to repeal the worst of the Prop. 47.
According to Ballotpedia.org, Prop. 36 would do the following:
The initiative would increase penalties for certain drug crimes by increasing sentence lengths and level of crime. The initiative would also 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.
The initiative would also increase sentences based on the quantity of certain drugs sold illegally. The initiative would also require individuals who receive increased sentences because of this to serve their entire sentence in state prison regardless of their criminal history.
The initiative would increase penalties for certain theft crimes. For crimes where money or property worth $950 or less is stolen, the initiative would make the crime punishable as a felony for individuals who have two or more prior theft-related convictions. The initiative would make the punishment up to three years in jail or prison depending on their criminal history. Currently, it is punishable by up to six months in jail. The initiative would also increase sentences based on the amount of property stolen.
Both Matt and Madeline are committed to supporting programs that help people get clean and sober and back to work. They support needle exchange programs but are frustrated by the thousands of used syringes discarded in public. They work with county social services programs to help people find housing and refer people to Ford Street Project to address substance use issues but are frustrated by those who refuse help and instead live outdoors and pollute local streams and woodlands.
We have serious and complex challenges in Mendocino County. Let’s not make them worse by leaving Prop. 47 on the books. So much of the value of real estate is tied to community safety. If you believe making Mendocino County safer is a worthy goal, please join me in voting yes on Prop. 36.
If you have questions about property management or real estate, please contact me at rselzer@selzerrealty.com or call (707) 462-4000. If you have an idea for a future column, share it with me and if I use it, I’ll send you a $25 gift certificate to Schat’s Bakery.