It has been 10 years since Proposition 47 passed. At the time, Proposition 47 promised to improve public safety, make our neighborhoods safer, and prioritize violent crimes by reducing penalties for some lesser offenses. Unfortunately, for the proponents of Proposition 47, that simply has not happened, as crime in California is on the rise.
Over the past 10 years, violent crime has jumped by nearly 32 percent – the highest increase in two decades. Even so-called lesser crimes have surged. Shoplifting, for instance, has risen by over 17 percent during this period and is now at its highest level since 1998, when President Clinton was in office. This spike in crime poses serious risks to businesses, employees, customers, and the general public.
Moreover, Proposition 47 also puts criminals at risk. Since its passage, participation in drug courts statewide has decreased by 67 percent, as reported by the Center for Court Innovation. The reduced legal leverage under Proposition 47 has influenced this decline, with eligible defendants refusing to participate due to the perceived length and intensity of the program. Additionally, the Centers for Disease Control reported a near doubling of drug overdose deaths – nearly 11,000 in California in 2022 compared to 2014.
To address some of these issues, I worked with my colleagues in the legislature to pass retail theft reform. I voted in favor of the bipartisan retail theft package this year and was the lone Republican author of a bill in that package with AB 1972. I am proud of that bipartisan work and while these bills will make some difference, the legislature can only do so much.
Proposition 47 was passed by the voters and the voters alone must decide if they want it reformed. For example, the punishment for a shoplifter committing their 100th offense is identical to someone committing their first offense. While I would like to address this on the legislative level, I cannot because Proposition 47 removed the “theft with a prior” provision. Unfortunately, the only way to address this issue is by going back to the voters.
The good news is that we have the opportunity to reform some criminal justice laws this year through Proposition 36, the Homelessness, Drug Addiction, and Retail Theft Initiative. This proposal aims to address the unintended consequences of Proposition 47, particularly regarding repeat retail theft. It seeks to hold repeat offenders accountable, potentially leading to jail time for those with multiple convictions. Moreover, the initiative encourages offenders to engage in rehabilitation programs as an alternative to incarceration while addressing homelessness and fentanyl abuse.
By tackling the root causes of crime – homelessness and drug addiction – Proposition 36 takes a holistic approach to safeguarding businesses and communities.
While I have done what I can legislatively to improve public safety, the voters must weigh in and provide law enforcement and prosecutors with the tools they need to address repeat offenders, drug addiction, and homelessness. That is why I encourage all Californians to vote for Proposition 36, which will help restore public safety while promoting treatment and rehabilitation.
— Assemblyman Juan Alanis represents the 22nd Assembly District.