REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 8, 2024
FROM
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Resolution to Support Proposition 36
End
RECOMMENDATION(S)
Recommendation
Adopt Resolution supporting Proposition 36, the Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes Initiative.
(Presenter: Leia Fletes, Director of Government Relations, 387-4280)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as the Resolution is non-financial in nature.
BACKGROUND INFORMATION
The Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes Initiative (Proposition 36) introduces a new court process for certain drug offences by establishing treatment-mandated felonies, which would provide individuals with two or more prior drug-related convictions the opportunity to undergo substance use and mental health treatment. This would provide the potential for dismissal of felony charges upon successful competition of the treatment program.
Proposition 36 would add fentanyl to the list of drugs that, when possessed alongside a loaded firearm would warrant a felony charge, addressing the grave risks associated with the combination of deadly drugs and firearms. It also seeks to increase penalties for certain drug crimes by enhancing the sentence lengths and allowing felony charges for some offenses involving dangerous substances such as fentanyl, heroin, cocaine, and methamphetamine.
In addition, Proposition 36 introduces new laws that combat the increasing problem of “smash and grab” thefts that result in significant losses and damage, particularly those committed by multiple thieves working together, thereby protecting businesses and communities from organized criminal activities. It seeks to address the issue of repeat theft offenses by authorizing certain misdemeanor theft crimes to be charged as felonies for individuals with two or more prior theft-related convictions.
The County Administrative Office (Department) recognizes the critical need to address the escalating public health and safety concerns related to drug-related crimes and repeat theft offenses within county communities. Initiatives of Proposition 36 align with San Bernardino County’s commitment to reduce the impact of dangerous drug and theft-related crimes, while offering pathways to rehabilitation and recovery for individuals struggling with substance use disorders. For these reasons, the Department is seeking the Board of Supervisor’s support for Proposition 36 in an effort to provide for the safety, health and social service needs of county residents.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on August 27, 2024; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on August 27, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on August 30, 2024.