In the recent election, Californians voted in favor of Proposition 36, signaling a significant shift in how the state addresses drug- and theft-related crimes. Effective December 18, 2024, this measure introduces a nuanced approach to handling offenses, balancing stricter accountability with opportunities for rehabilitation. As legal professionals with extensive experience in criminal justice, we see Proposition 36 as a promising opportunity to address the intricate challenges posed by repeat offenses, addiction, and public safety. It offers a framework that could benefit communities, businesses, and the broader justice system alike.
Legal Framework: Understanding Proposition 36
Proposition 36 introduces reforms targeting two interrelated areas: drug offenses and theft crimes. These changes aim to close existing loopholes, modernize legal approaches, and create pathways for individuals to reintegrate into society responsibly.
Drug-Related Reforms:
- Fentanyl Regulation. Adds fentanyl to the list of substances penalized for possession while armed, addressing its growing impact on communities.
- Treatment-Mandated Felony. Allows repeat drug offenders to opt for rehabilitation programs over incarceration if they meet specific criteria.
Theft-Related Reforms:
- Aggregated Theft Across Retailers. A game-changing provision that aggregates theft values across multiple retailers under Penal Code § 490.3, enabling felony charges for organized retail crime offenders.
- Felony for Repeat Offenders. Escalates petty theft to felony charges after two or more prior convictions, increasing accountability for habitual offenders.
Together, these measures aim to create a system that addresses the root causes of offending while ensuring appropriate consequences for criminal behavior.
Retail Safety and Accountability: The Proposition 36 Impact
Proposition 36 introduces critical changes to enhance retail safety and combat ORC. By aggregating thefts across the retail community—not just within a single store or retailer—Proposition 36 strengthens the case for felony charges against offenders exploiting loopholes. This reform empowers retailers to present a unified front, amplifying the impact of their collective data and case evidence.
Additionally, the treatment-mandated felony provision acknowledges the link between addiction and crime, offering offenders a pathway to rehabilitation. This holistic approach can reduce recidivism while easing the burden on overtaxed judicial and correctional systems.
A Collaborative Approach to Justice
Proposition 36 also creates opportunities for collaboration between law enforcement, retailers, and judicial systems. The reforms encourage data-driven decision-making and emphasize criminal history checks to ensure offenders receive charges reflective of their behavior. This collaborative approach can lead to more tailored and impactful outcomes, addressing both the need for enforcement and the importance of rehabilitation.
Looking Ahead
Proposition 36 represents a critical step forward in rethinking how retail crime is addressed. Enabling felony charges through aggregated theft across retailers and offering alternative pathways for rehabilitation bridges the gap between enforcement and compassion. The challenge for retailers, law enforcement, and judicial systems will be implementing these reforms effectively, ensuring that the new measures translate into tangible improvements in safety and justice. As stakeholders come together to navigate this change, Proposition 36 offers a promising model for reducing crime and fostering stronger, safer communities.
Fredreric Moll is a graduate of Syracuse University College of Law with over 15 years of experience as a public defender in Snohomish County, where he specialized in therapeutic courts. Before joining ALTO as a Operations Lead Counsel for the West Coast, he served as a Judge Pro Tempore in King County District Court, overseeing a wide range of civil and criminal cases.
Philip Okita, a UCLA School of Law graduate, joined ALTO after clerking for the Los Angeles County District Attorney’s Office and working in private practice. He served as an ALTO Staff Attorney for over three years before advancing to Senior Staff Attorney.
