ESCONDIDO — Elected officials in two inland North County cities, Escondido and San Marcos, have passed resolutions in support of Proposition 36, a statewide measure that aims to increase penalties for certain theft and drug crimes.
The proposition, set to go before voters in November, seeks to amend parts of California law initially changed by Prop 47. The measure, approved by nearly 60% of voters in 2014, downgraded some theft and drug offenses from felonies to misdemeanors and even created a specific misdemeanor shoplifting category.
The law also aimed to alleviate prison overcrowding and reallocate savings to mental health and drug treatment programs, victim services and K-12 drop-out reduction efforts, according to the Public Policy Institute of California.
The Escondido City Council unanimously approved the resolution supporting Prop 36, while the San Marcos City Council voted 4-1 in favor, with Councilmember María Nuñez opposing.
Both councils highlighted the need to address issues that have emerged over the past decade.
“I would like to think (Prop 47) had some good intentions behind it, but it led to a lot of unintended consequences like increased, repeated and organized retail store theft, stores closing, locked up items, and difficulty convincing people to seek treatment,” said Escondido Mayor Dane White during a Sept. 18 meeting.
In San Marcos, Mayor Rebecca Jones emphasized that Prop 36 would provide law enforcement with the tools needed to respond to crimes like large-scale retail theft, often referred to as “smash and grab” incidents.
“Here in San Marcos, one of the most important things our citizens really enjoy is their safety, and we can only do this with the right tools,” Jones said. “Our sheriff’s department does a great job, but if they don’t have the tools, they cannot keep us safe.”
Escondido Police Chief Ed Varso also expressed frustration with current laws, noting that in the past 18 months, his officers have cited nearly 1,000 individuals for drug-related offenses.
Under Prop 47, those found with small amounts of hard drugs like meth and heroin are typically cited and released instead of facing arrest. Varso explained that the previous law offered an opportunity for these individuals to attend rehab through drug court, a program that is no longer available.
“It’s a repeated cycle of police encountering people,” Varso said, adding that most of the city’s homeless population have “non-bookable warrants” that prevent their arrest.
Prop 36 aims to address these issues by converting some misdemeanors back into felonies, including theft of items worth less than $950 if the person has multiple prior convictions. The proposed law would also introduce tougher penalties for selling drugs like fentanyl, heroin, cocaine, or meth and require sentences to be served in state prison rather than county jail.
For drug possession offenses involving fentanyl, heroin, cocaine, or meth, individuals with prior convictions could be charged with a “treatment-mandated felony.” Those completing treatment would have their charges dismissed, while failure to complete treatment could lead to up to three years in state prison.
Prop 36 also includes a measure requiring courts to warn individuals convicted of selling drugs that they could face murder charges if someone they sold drugs to dies.
In San Marcos, Councilmember Nuñez and several public speakers expressed concern that the proposition represents a return to outdated “tough-on-crime” policies rather than addressing the root causes of crime.
“I think it’s heartbreaking, the number of people we have out on the streets and the number of people that need help. However, I don’t have the confidence that this is the right solution,” Nuñez said.
Despite supporting Proposition 36, White said he believes it could go further.
“Proposition 36 doesn’t go far enough, but at least it restores some balance to the equation,” he said.
Councilmember Consuelo Martinez echoed a similar sentiment, describing the measure as “a step in the right direction.”
City officials hope that Prop 36 will provide much-needed tools to curb rising crime rates, while opponents argue for a more comprehensive approach to tackling the issues of homelessness and substance abuse. The debate over Prop 36 now heads to the voters in November.
Leo Place contributed to this report.
