Southern California law enforcement officials on Wednesday, Nov. 6, hailed the overwhelming passage of Proposition 36 by California voters as a means to hold repeat drug and theft offenders accountable in ways that they have been unable to since the landmark Proposition 47 passed in 2014 that turned some felonies into misdemeanors.

At the same time, the officials rejected opponents concerns that Prop. 36 would result in mass incarceration in an era when state prison and county jail populations have been dwindling.

Prop. 36 is not intended to fill our prisons up with addicts. Quite the contrary, Riverside County District Attorney Mike Hestrin said at a news conference that included Sheriff Chad Bianco, Riverside Police Chief Larry Gonzalez, Riverside Mayor Patricia Lock Dawson and state Assemblyman Bill Essayli.

Its intended to put teeth back into the criminal justice system so we can get addicts where they belong, which is not behind bars, but into treatment, Hestrin said. Those who have prior theft convictions should consider themselves on notice. The message needs to go to those who steal for a living to find another line of work.

Riverside County District Attorney Mike Hestrin explains the newly passed Proposition 36, which aims to increase penalties for theft and drug arrests, at a news conference on Wednesday, Nov. 6, 2024, in Riverside. (Photo by Anjali Sharif-Paul, The Sun/SCNG)

Drug use and theft are often intertwined, with addicts stealing to pay for their habit.

Small businesses have repeatedly faced theft, and property crimes have surged, affecting the quality of life for everyday residents, San Bernardino County Sheriff Shannon Dicus said in an email.

The measure, with ballots still being counted, had received 70.4% of the votes as of Wednesday afternoon.

Among the provisions of Prop. 36 are:

An offender would be offered a choice of drug and mental health treatment or jail after two convictions for possession of the most dangerous drugs, including fentanyl.. An offender with two prior convictions for theft can be charged with a felony and sent to county jail, regardless of the value of the stolen property. Previously, thefts valued under $950 were classified as misdemeanors, no matter how many an offender accrued. Upon the fourth conviction, prosecutors can ask a judge to sentence the offender to state prison.

Critics of the measure said it makes simple drug possession a felony, costing taxpayers billions of dollars to pay for incarceration without reducing crime, and that it will cause confusion in the courts because judges will have discretion on what penalties to impose.

I want to be very clear that this is not the fix-all for Californias public safety problem, Bianco said. This is a major step in the right direction to get people the help they they and to hold people accountable that need to be held accountable.

Nathan Hochman, who election results say is on pace to unseat incumbent Los Angeles County District Attorney George Gascón, said in an interview Wednesday that he plans to look at each case individually.

Riverside County Police Chief Larry Gonzalez speaks at a news conference about the impact of the newly passed Proposition 36, which aims to increase penalties for theft and drug arrests, on Wednesday, Nov. 6, 2024, in Riverside. (Photo by Anjali Sharif-Paul, The Sun/SCNG)

I plan to do my job and enforce the law in a common-sense, proportional way. My ultimate goal is not to fill the prison to the breaking point. My goal is to ensure that deterrence works and save a lot of victims in the first place.

Orange County District Attorney Todd Spitzer said in an interview that the new law will help prosecutors protect the public after the Legislature has failed repeatedly.

Spitzer promised to prosecute thefts vigorously.

People are sick and tired of having their businesses rampaged and their life savings completely depleted, Spitzer said.

There is capacity for more inmates at the jails in San Bernardino and Orange counties, but not in Riverside County.

Riverside County Sheriff Chad Bianco speaks at a news conference about the impact of the newly passed Proposition 36, which aims to increase penalties for theft and drug arrests, on Wednesday, Nov. 6, 2024, in Riverside. (Photo by Anjali Sharif-Paul, The Sun/SCNG)

The John J. Benoit Detention Center in Indio, which opened in 2019, has 385 inmates and room for 1,600 but Bianco lacks the staffing to add more inmates. All the other jails are full, he said.

Bianco called on the county Board of Supervisors to provide the money to add correctional deputies.

We have to put our money where the public wants it, the sheriff said.