How is Prop. 36 implemented in Sacramento? Officials share early results of new crime law
Sacramento County law enforcement officials are touting the early success of California’s new crime law, while advocates for resentencing continue to urge for a measured approach that will not further strain communities of color.
These officials and advocates gathered at Tuesday’s Sacramento City Council meeting to provide an update on the implementation of Proposition 36. The statewide ballot initiative passed with more than two-thirds of support from Sacramento County voters.
The law, which took effect in December, increases penalties for certain drug and theft-related crimes and allows prosecutors to file “treatment-mandated felonies” against people who have received two prior drug offenses.
As of Tuesday, 129 people had been charged with theft offenses since Proposition 36 passed, according to Sacramento County District Attorney Thien Ho. Eighty-nine of those are felonies and 40 are misdemeanors.
Another 51 people have been charged with misdemeanors related to drug possession, Ho added. Two people are facing felonies for those crimes.
“We are going to be dedicated to implementing Proposition 36 a fair way, but a way that is also accountable to ensure that we have a safe and clean community,” Ho told the council.
Critics of the initiative had argued it would disproportionately affect communities of color and increase court and prison costs. No state funding has been allocated for the measure thus far.
Joseph Osorio, associate director of the Anti-Recidivism Coalition, reiterated these points on Tuesday and stressed a cautious approach in the implementation of Proposition 36. He expressed a willingness to collaborate with law enforcement, but said they must address the root causes of crime and addiction.
Osorio said funding remains an issue and raised concerns about overpolicing of communities of color. Education and partnerships are crucial to helping alleviating these worries, he added.
“We’re only a few months and we’re uncertain of long term effects, but our community is talking about it, and they want to know if they’re really going to be safe,” Orosio said.
But in his update, Ho praised the new law and said it provided the “necessary tools” to address homelessness, theft and fentanyl poisoning. Ho correlated the Proposition 36 arrests to decreases in organized theft offenses at businesses in the region.
“Prop 36 is not a panacea, but it’s a step in the right direction,” Ho said.
Ho said his office is using a “measure of moderation” with theft charges. His office will charge misdemeanors when people are “stealing to eat.”
“There is a difference between stealing one steak and 20 filet mignons,” Ho said.
Drug charges have a similar in-moderation approach, according to Ho. The two prior convictions must have occurred within 10 years of the third potential felony charge.
Even after the first eligible drug possession conviction, Ho said, his office will initially charge it as a misdemeanor and give the defendant the opportunity to accept treatment. If they successfully complete the treatment, the case is dismissed.
There are currently 32 potential Proposition 36 clients from the last two months, said Nicole Cable, a Health Program Manager with Sacramento County Behavioral Health. She expects more misdemeanor referrals in the future and said the “outpatient system” should be equipped to handle more patients.
“On our outpatient, both mental health and substance use were pretty well situated,” Cable said.
The council is expected another update on Proposition 36 in the next six months or year. Councilmember Mai Vang said future reports are important to understanding the law’s long-term effect.
“We’re still early in the implementation to really understand unintended consequences or good outcomes, as well,” Vang said.
This story was originally published February 27, 2025 at 6:00 AM with the headline "How is Prop. 36 implemented in Sacramento? Officials share early results of new crime law."
