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San Bernardino County Board of Supervisors Votes to Support Proposition 36

SAN BERNARDINO, CA – San Bernardino County Board of Supervisors Chairman Dawn Rowe announced that the Board today unanimously voted to support a resolution in favor of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.

Proposition 36, which will appear on November’s general election ballot, aims to reclassify some misdemeanor theft and drug crimes as felonies, as well as create a new category of crime – a "treatment-mandated felony." Under this category, individuals who do not contest the charges could complete drug treatment instead of serving time in prison or jail. This initiative strengthens the criminal justice system by mandating treatment or state prison time for individuals involved in repeat smash-and-grab thefts or the trafficking of fentanyl.

In addition to addressing rising theft and drug-related crimes, Proposition 36 also tackles the homelessness crisis by addressing the comorbidity of drug dependence and mental health issues, which are contributing factors in the proliferation of public encampments and declining human conditions across the state.

Since the passage of Proposition 47, legal loopholes have allowed criminals to evade accountability for serious crimes, including fentanyl trafficking and serial retail theft. Proposition 36 would close these loopholes by adding fentanyl to the list of drugs that, when possessed alongside a loaded firearm, warrant a felony charge. Furthermore, the measure seeks to increase penalties for drug-related crimes by enhancing sentence lengths and allowing felony charges for offenses involving dangerous substances such as fentanyl, heroin, cocaine, and methamphetamine.

Supervisor Dawn Rowe said, “This measure makes important changes in the way we prosecute specific crimes, holding offenders accountable and making our communities safer. At the same time, it ensures a balanced approach by providing an opportunity for those who require addiction treatment to get the help they need.”

San Bernardino County Sheriff Shannon Dicus added, “I fully support Proposition 36, which brings much-needed reforms to our criminal justice system. Prop. 36 puts consequences back into the system for suspects involved in the possession and use of hard narcotics and shoplifting. Suspects can also choose treatment and rehabilitation over incarceration for non-violent offenders. By helping individuals break the cycle of addiction, we can reduce recidivism and enhance public safety. I am proud of our Board of Supervisors for supporting the resolution in favor of Prop 36, showing their commitment to making our communities safer, and providing second chances for those who need it. This initiative ensures that our resources are directed toward serious offenders while giving those struggling with substance abuse the opportunity for meaningful recovery.”

San Bernardino County District Attorney Jason Anderson said, “Proposition 36 delivers reforms needed to appropriately address the rise in drug-related crime while maintaining the integrity of our criminal justice system. The critical element lacking in the current legislation is an advisal for repeat offenders who deal deadly substances like fentanyl and heroin. Prop. 36 strengthens our ability to hold them accountable for putting profits before human life. At the same time, it provides a clear path to rehabilitation for those willing to seek treatment. I want to thank the Board of Supervisors for their commitment to public safety in supporting this initiative, which will give law enforcement and prosecutors the tools we need to combat crime while also offering individuals a chance at recovery and reintegration into society.”

Proposition 36 will appear on the California ballot this November. If you want to register to vote, find a polling location, or check your voter registration status, visit elections.sbcounty.gov.

To see the full resolution passed by the Board of Supervisors, please visit https://main.sbcounty.gov/wp-content/uploads/sites/80/2024/10/36_Resolution.pdf.