LA supervisors vote 3-1 to oppose Prop 36, which would toughen penalties for some crimes

By ANUSHA SHANKAR | City News Service

The Los Angeles County Board of Supervisors on Tuesday approved a motion formally opposing Proposition 36, which would reverse a previous voter-approved measure and toughen penalties for some drug offenses and thefts.

The proposition on the November ballot would change the California criminal code to charge certain drug possession and thefts under $950 as felonies, primarily for defendants with prior convictions for similar crimes.

Those offenses were reduced to misdemeanors under Proposition 47, which was passed by California voters 10 years ago as the state was plagued with prison overcrowding.

Prop 36 would also enact tougher penalties for flash-mob-type robberies committed by groups of thieves.

County Supervisors Holly Mitchell and Hilda Solis’ motion approved by the board on a 3-1 vote Tuesday argued that Proposition 47 provides millions of dollars for programs such as housing services, mental health care, substance use disorder treatment, and job training.

The motion contends that if Prop 36 is passed, it would “result in a loss of funding for Los Angeles County programs that provide alternatives to incarceration and necessary supportive services to communities.”

The motion contends the measure would lead to increased incarceration rates, higher court costs, and enforcement of punitive measures that would take away funding from programs aimed at reducing recidivism and crime.

Some of the programs supported through Prop 47 funding are Reentry Intensive Case Management Services, Skills and Experience for the Careers of Tomorrow, Los Angeles Diversion, Outreach and programs in the city of Los Angeles, according to the motion.

“This measure, while seemingly well-intentioned, undermines the social and economic interests of the county, disproportionately affects vulnerable populations, and threatens to reverse important gains in justice reform,” the motion states.

The motion also contends the county’s programs have received more investments than anywhere else in the state and have helped more than 10,000 individuals. It also argues that “90 percent of people who received diversion and reentry services funded by Prop 47 grants in the County from 2019 to 2023 were not convicted of any new crimes.”

A coalition of community organizations showed up to Tuesday’s meeting in support of the motion.

Some members including state Sen. Lola Smallwood-Cuevas, Troy Vaughn of Los Angeles Regional Reentry Partnership and the Rev. Zach Hooper of LA Voice.

Antoinette Ratcliffe, executive director of Initiate Justice, claimed the issue of repeat offenders stems from systemic failures, and that Prop 36 would lead to mass incarceration.

“Police, prisons and jails — these are not solutions,” Ratcliffe said. “The police can only respond to a call after something has happened, they cannot stop our society’s most pressing issues.”

Supervisor Janice Hahn recused herself from the vote, but Supervisor Kathryn Barger voted against it.

In a statement, Barger said, “I’m supporting Proposition 36 because it will reinstate accountability on crimes destroying the quality of life of law-abiding people in Los Angeles County.”

“I believe this proposition isn’t about overturning Proposition 47 in its entirety,” she said. “Proposition 36 was created by a group of bi-partisan state legislators. It’s focused on modifying legal loopholes that repeat offenders exploit as they manipulate the system to avoid legal consequences.

“… I also believe we can implement Proposition 36’s reforms in a balanced way that respects our Board of Supervisors’ commitment to diversion and rehabilitation. We will continue honoring our sizable, multimillion-dollar investments in the work of our county’s Justice, Care and Opportunities Department and Department of Youth Development. Their respective missions are to decrease recidivism, enhance re-entry services, and ultimately prevent individuals from becoming involved with justice systems.

“But supporting Proposition 36 sends a clear message to individuals who feel they are beyond the reach of the law: you will be held accountable.”