Prop. 36 will hurt people of color, opponents say

Wave Wire Services

BOYLE HEIGHTS — Criminal justice reform advocates rallied Oct. 14 to urge residents to vote against Proposition 36, the Nov. 5 ballot measure aimed at restoring harsher penalties for theft and drug trafficking in California, which they say will negatively impact Black and Latino communities.

Organized by Californians United to Oppose Proposition 36, members of Initiate Justice, Sister Warriors Action Fund, La Defensa and Vera California, among others, expressed their concerns about the impacts of the measure.

They also contend Proposition 36 would strip more than $100 million per year from drug treatment services, homelessness prevention, and kindergarten through 12th grade educational programs.

According to an analysis by the Legislative Analyst, passage of Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year annually. The amount is less than 0.5% of the state’s total general fund budget, according to the analysis.

Passage of Proposition 36 would increase local criminal justice costs likely by tens of millions of dollars annually, according to the analysis.

Claire Simonich, associate director for the Vera Institute of Justice California, told City News Service that the event at Hollenbeck Park was an opportunity to inform the Latino and immigrant community about Proposition 36.

“If Angelenos are looking around and wishing that their neighbors that they see might be struggling with drug use, or might be struggling with homelessness, and if they want to provide resources to those neighbors so they can get housing, get drug treatment, and hopefully get off the streets then they should vote no on Prop 36 so that we maintain funding for the programs that we know work to keep our community safe and stable,” Simonich said.

Simonich highlighted how they were able to canvas after their event, and talk to residents about Proposition 36.

“People were very concerned about Prop. 36 because of the really harsh consequences it would bring to our communities,” Simonich said. “It would actually affect even immigrants who do have documents … for example those who have DACA or people who have status but aren’t yet citizens because the penalties for something like low-level shoplifting or low-level drug possession could result in deportation or incarceration for immigrants.”

Proposition 36, dubbed by supporters as “The Homelessness, Drug Addiction, and Theft Reduction Act,” seeks to reverse aspects of Proposition 47, an initiative approved by voters in 2014, to reclassify some “non-violent” felonies as misdemeanors. The measure would allow for some people to complete a program or treatment, and provide an opportunity to expunge their records.

Additionally, Proposition 36 seeks to address challenges related to fentanyl. It would give judges discretion to sentence drug dealers to state prison instead of county jail under certain circumstances, increase penalties for people who repeatedly engage in theft and crack down on “smash and grab” thefts, according to the measure’s text.

Supporters of the proposition say it would help law enforcement agencies keep cities and neighborhoods more safe, and reduce organized retail theft. Southern California has experienced high-profile smash-and-grab thefts, and more recently, 7-Eleven convenience stores have been targeted.

A $1 million donation from 7-Eleven, Inc. and 7-Eleven franchisees to the campaign supporting Proposition 36 was announced Oct. 10 in front of a 7-Eleven store at the intersection of La Cienega and Olympic boulevards, just south of Beverly Hills.

The store was ransacked Aug. 9 and Sept. 20 by about 50 teenagers and young adults who stole merchandise and fled on bicycles both times.

“I’ve operated in this area for nearly 25 years and have seen the growth in crime rates firsthand,” Jawad Ursani, the store’s franchisee, said at the announcement.

“Prop. 36 is not just about protecting our stores; it’s about preserving our dedication to the community and the customers that we serve. We need Prop. 36 to ensure that businesses can operate without fear of crime and that Californians feel safe in their communities.”

Robert Rivinius, executive director of Family Business Association of California, said “The explosion in retail theft has caused stores across California to raise prices, lock up items, and close their doors.”

Simonich told City News service that Proposition 47 aimed to reduce overcrowding in the state’s jails and prisons — which the U.S. Supreme Court had to intervene and order California to take action.