Fentanyl and drug addiction are overwhelming California communities. Drug overdoses are now the leading cause of death for Californians aged 15-44. Addiction is fueling the homelessness crisis and creating an epidemic of retail theft that’s raising costs for working families. To stop the suffering, we need to get more people into treatment — now.
That’s why a growing community of locally elected officials are voting yes on Prop. 36.
As a Democrat, I supported Proposition 47 passed in 2014 to end the era of mass incarceration, and Proposition 1, to create more treatment beds this past March. Proposition 36 builds on the best elements of both while fixing the flaws in Proposition 47.
As a mayor, my job isn’t about partisanship — it is about solving problems and keeping people safe. The problem every city now faces is that too many people in the throes of powerful addictions are choosing dealing and stealing over treatment. Proposition 36 gives judges back the power to require those who are repeatedly convicted of nonviolent crimes to enter and complete mandatory treatment programs. The data tells us that treatment works.
The suffering is all around us — from open-air drug markets populated by addicts to an epidemic of smash-and-grab robberies that are closing small businesses and driving up costs for those who can stay open. Saving the lives of those struggling on our streets, saving the lives of those dying from drug overdoses, and saving struggling small businesses should be an issue that unites us all.
Proposition 36 brings back the tools we need to require treatment for those who are unable to make rational decisions about their own care. Proposition 36 is not about returning to the era of mass incarceration. Proposition 36 is about launching a new era of mass treatment to keep people alive, out of jail and off our streets by requiring help for those who so desperately need it.
Proposition 47 was a well-meaning plan to reform our criminal justice system. But its unintended consequences are now obvious. Since Proposition 47’s passage, the fentanyl epidemic exploded, participation in drug courts plummeted and overdose deaths have skyrocketed to shocking levels as fentanyl and other dangerous drugs are sold — often openly — on our streets. Homelessness also has risen by nearly 60%, even as it has fallen in other states.
We must recognize that these tragedies are feeding off of each other. One key reason why is that under Proposition 47, California judges lost the power to compel severely addicted individuals to enroll and stay in treatment.
Proposition 36 would restore this critical tool. It would ensure that offenders receive access to shelter, job training and other services, while having the offense expunged upon successful completion of a treatment program. Proposition 36 would also add fentanyl to the list of hard drugs resulting in felony prison time for drug dealers when in possession of large quantities or firearms.
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Similarly, Proposition 36 combats the explosion in retail theft that has become almost commonplace in our communities. Under current law, an individual or organized group can steal $950 every day, 365 days a year, and never face real consequences. Proposition 36 brings back basic accountability for repeated criminal behavior and accountability for those who are stealing to support a drug habit by allowing judges the latitude to require those found guilty of multiple thefts to seek treatment or face jail time.
The cost of the status quo on California’s mutually reinforcing crises of addiction, theft and homelessness are simply unsustainable. Statewide, local governments spend over $50,000 per homeless person managing street encampments — or $9 billion dollars a year. Last year, the cost of retail theft in California reached $7.8 billion — costs that were passed along to every single one of us at the checkout counter. Yet we also know that every dollar spent on treatment can save up to $7 in reduced criminal justice costs, to say nothing of saving lives, bringing people indoors and reducing recidivism.
The last thing we want to do is go back to the era of mass incarceration. But that’s not what Proposition 36 does. Together we can help end the suffering we see around us every day and usher in a new era of mass treatment for those who need it the most.
Matt Mahan is mayor of San Jose and one of the co-leaders of the Yes on 36 Common Sense for Safety campaign.
