HomeMy WebLinkAbout _ 4.1(b)--Adopt Resolution Supporting Proposition 36C IT Y OF
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AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: October 15, 2024
FROM: Jason Gibilisco, Management
ITEM NO. 4.1(b)
Assistant to the City Manager
***APPROVED
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SUBJECT: 4.1(b) --Adopt Resolution Supporting Proposition 36
Recommendation
Adopt Resolution in support of Proposition 36, the Homelessness, Drug Addiction, and Theft
Reduction Act.
Fiscal Impact
There is no fiscal impact with adopting the resolution.
Alternative Action
The City Council could choose to not accept the report and/or provide alternate direction to staff.
Background/Analysis
Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, is on the
November 2024 ballot. Proposition 36 addresses organized and serial retail theft, confronts the
fentanyl crisis, and prioritizes mental health and drug treatment.
When Proposition 47 passed in 2014, the use of drug courts was severely diminished since repeat
drug offenders have little incentive to complete treatment. Due to the change in the law, it did
not matter if someone was arrested three times or 20 times for drug possession, the charge could
at most be a misdemeanor. A misdemeanor is typically only a citation and results in very little or
no jail time. This created a disincentive to participate in drug treatment programs for offenders.
Proposition 36 will undo some of Proposition 47's reduced sentencing. For instance, someone
who has stolen merchandise worth $950 or less, that has two or more past convictions, is
currently a misdemeanor, but under Proposition 36 it would be a felony. Proposition 36 will
hold repeat retail theft offenders accountable for their actions rather than putting them back on
the streets.
Report to Redding City Council October 10, 2024
Re: 4.1(b) --Adopt Resolution Supporting Proposition 36 Page 2
The fentanyl crisis has reached alarming levels and Proposition 36 will define fentanyl as a hard
drug. It will hold drug traffickers of fentanyl accountable, and grant judges greater discretion in
sentencing drug traffickers. It enables stricter penalties for drug trafficking that causes death or
serious injury and can result in murder charges for continued drug trafficking.
Proposition 36 will create a new class of crime called a "treatment -mandated felony" where
offenders with multiple hard drug possession convictions would be given the option of
participating in drug and mental health treatment in lieu of incarceration. Proposition 36 takes a
compassionate approach and provides accountability to help people turn their lives around. This
will incentivize people with serious drug addictions to receive drug and mental health treatment.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and ply in the City of Redding."
Attachments
'Resolution
RESOLUTION NO. 2024 -
RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG
ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Prop 47 achieved notable success in making California's criminal justice
system more equitable, Prop 47 has also led to unintended consequences over the past decade;
and
WHEREAS, Prop 47 has contributed to increases in repeat and often organized retail theft, the
shuttering of local businesses, and difficulty convincing people to seek drug and mental health
treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot
box with modest amendments to Prop 47; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-
partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently
adopted legislative Retail Theft Package, provide more tools to increase safety in our
communities; and
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit
drug use, as well as strained social services, are creating challenges beyond the capacity of local
governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and
provide more support to residents struggling with substance abuse, while avoiding a return to the
days of mass incarceration; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define
fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant
judges greater discretion in sentencing drug traffickers; and
WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of
retail theft; and
WHEREAS, prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows
critical behavioral health services, drug treatment, and job training within our justice system for
people who are homeless and suffering from mental illness or struggling with substance abuse;
and
WHEREAS, it's time for meaningful and tailored reforms to our justice system to ensure the
safety of our communities.
NOW, THEREFORE, BE IT RESOLVED by the City of Redding, that the City Council
formally expresses support for Prop 36, the Homelessness, Drug Addiction, and Theft Reduction
Act and the benefit that it provides for our community's safety.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the
City Council of the City of Redding on the 15th day of October, 2024, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
TENESSA AUDETTE, Mayor
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney