On Aug. 13, El Cajon City Council unanimously approved a resolution in supporting Proposition 36: Increase Drug and Theft Penalties and Reduce Homelessness Initiative, which gained enough signatures to be placed on the November 2024 ballot. This proposition will ask voters to change certain parts of Proposition 47 passed in 2014.
Assistant City Manager Vince DiMaggio said the impacts of Proposition 47 have been an “unmitigated disaster” across cities in California.
“An explosion of homelessness, rampant retail theft, and seeing the devastating effects of fentanyl,” he said. “Despite this, neither the governor or the legislature majority have the slightest interests in ending Prop 47 to address these issues. However, there was an effort earlier this year with district attorneys across the state, including our own [District Attorney] Summer Stephan, along with a group called Californians for Safer Communities, gathered enough signatures to put Prop 36 on the ballot.”
DiMaggio said Proposition 36 will restore felony theft charges under certain circumstances, and provide addiction help and mental health treatment. He said in past legislative reports to Council, he brought awareness of 12 bills of the governor and legislative majority, 10 of which have approved, are on the governor’s desk and more than likely be signed.
“None of those do anything to Prop 47,” he said. “The purpose of those bills is no doubt to lead some sort of disinformation campaign as we enter the final stretch of the election season, to dissuade the public of voting in favor of Prop 36.”
Proposition 36 would make the following changes to Proposition 47 by classifying certain drug offenses as treatment-mandated felonies, increase penalties for certain drug crimes by increasing sentence lengths and level of crime, require courts to warn individuals of distributing illegal drugs of the criminal liability if they distribute deadly drugs like fentanyl, heroin, cocaine, and methamphetamine, and increase sentences for theft based on value of property stolen.
California for Safer Communities is the leading campaign in support of Proposition 36, with endorsements by San Francisco Mayor London Breed, Republican Party of California, California District Attorneys Association, and California State Sheriff’s Association, according to Ballotpedia. The campaign reported over $8.9 million in contributions, with top donors being Walmart, Target, and Home Depot.
Councilmember Phil Ortiz said he has been extremely outspoken on the need to repeal or reform Proposition 47. He said in town hall meetings last year, they showed the correlation of the passage of Proposition 47 and 57 about 10 years ago, with subsequently the homelessness population in California skyrocketing.
“The reform of this through Prop 36 is going to have real consequences for repeat criminals. Not only regarding drug offenses, but theft and punishments for organized theft,” he said. “I cannot tell you how many dozens of businesses we lost in El Cajon, whether shutting down or moving out of state. Hundreds of thousands in California have closed or shuttered.”
“Just today, our resident here, is frustrated with the homeless population, the criminal element of it,” he said. “Taking over our neighborhoods. Intimidating our residents and on our streets and parks. Open-air drug use, and I have had enough of it. I have spent more time gathering signatures for Prop 36, but this is the real work that has to be done because the state fails to take action to hold people accountable for their actions.”
For more information about Proposition 36, arguments and rebuttals on the proposition, visit https://vig.cdn.sos.ca.gov/2024/general/pdf/prop36.pdf.
