San Mateo County to consider endorsing Proposition 36

“The belief is that Prop. 36 will go ahead and bring these penalties forward and actually give law enforcement the ability to enforce penalties on who are perpetuating these crimes and bring them to justice and also prevent others from repeatedly doing the same,” Mueller said.

The state proposition looks to reverse some of the changes enacted by Proposition 47, approved by voters in 2014, which reclassified as misdemeanors certain nonviolent property and drug offenses that were previously classified as felonies or crimes that could be charged as such. 

Specifically, Proposition 47 increased the threshold for thefts to be considered felonies up to $950 of assessed value. While this threshold would remain the same under the measure placed on November ballots, repeat offenders can be considered for felony charges regardless of combined value. 

“The hope is for this to have a deterrence effect,” Mueller said. “[Proposition] 47 has had the effect that it undercuts deterrents. People think they can get away with these crimes with little enforcement against them.” 

The effort of Proposition 47 was touted as a more compassionate approach to crime, instead of punitive measures that did little in the way of rehabilitation. The decade-old ballot measure is credited for shrinking the state’s prison populations significantly. 

However, with retail theft and fentanyl overdose on the rise, corporations, police officers and public officials believe the approach has ultimately failed. 

Supervisor David Canepa is the one who initially supported the intent of Proposition 47 and has since pivoted. He said he is supportive of Mueller’s proposed endorsement. 

“You always want to have empathy and compassion and give people second chances. The issue was, we were giving second chances but also 100 chances,” Canepa said. “It’s good to have empathy and compassion, but it can only go so far.” 

The county’s largest cities — Daly City, San Mateo, Redwood City — have all seen increases in retail theft arrests in the last several years. Daly City saw a 240% increase from 2019-23, from about 115 to 398, and based on the first few months of 2024, it is on pace to surpass last year’s figures. Redwood City saw more modest increases in retail theft arrests, but police reports for such incidents increased by about 50% during that same time period. San Mateo has seen a roughly 75% increase in retail theft arrests since 2020 and is also on pace to surpass last year’s figures based on its arrest numbers in the first three months of 2024. Even small neighboring cities, such as Belmont, have seen increases, going from five arrests in 2019 to 56 last year. 

In addition to addressing retail theft, Proposition 36 increases the consequences for the sale of fentanyl by reclassifying it as a hard drug, and authorizes more serious consequences for dealers whose trafficking kills or injures a person who uses the drug. 

If the measure was ultimately approved, it would create a treatment-focused court process for some drug possession crimes. It would also require the court to advise those convicted of selling illegal drugs that they can be charged with murder if they continue to sell drugs and someone dies as a result such as overdose due to fentanyl use. 

“I really believe we need to give law enforcement and our DAs office the tools they’re requesting to combat these crimes,” Mueller said.

The ballot measure is projected to increase both state and local criminal justice costs. Locally, the measure could cost tens of millions of dollars annually, due to increase in county jail population and court-related workload, according to the Legislative Analyst’s Office. 

Proposition 37 also created a process in which savings from punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. This amount was estimated to be $95 million last year. Proposition 36 would ultimately reduce state savings. 

Mueller will be hosting a press conference at the San Mateo County Superior Court Courtyard located at 400 County Center in Redwood City, 10:30 a.m. Monday, Aug. 26. 

In attendance will be Steve Wagstaffe, San Mateo County district attorney; Supervisor Warren Slocum; Jackie Speier, supervisor-elect and former U.S. representative; Dan Perea, San Mateo County undersheriff; Ryan Johansen, San Mateo County Police Chiefs and Sheriff Association president; Robert and Elizabeth Walker, parents of child who died of accidental fentanyl overdose; and others. 

The endorsement will be considered at the Board of Supervisors meeting held in Board Chambers beginning at 9 a.m. Aug. 27.

Voters will consider Proposition 36 on the ballot this November.