In the three months since California’s Proposition 36 went into effect, we’re already seeing the harm it’s causing in Alameda County and throughout California. Proponents of the initiative promised meaningful solutions like rehabilitation and treatment; however, Prop 36. is only increasing criminalization of people who struggle with poverty, substance use, or both.
Since January, we’ve seen 31 new cases charged as felonies in Alameda County for people convicted of petty theft more than once. This represents a troubling trend: petty theft cases once considered misdemeanors are now being prosecuted as felonies with the intent of sending people to prison. Many people getting caught in this dragnet are caught stealing basic necessities like toothpaste and soap that they simply can’t afford. Incarcerating people for stealing out of desperation to meet basic needs only perpetuates harm; true safety comes from investing in communities with resources, support, and opportunity.
Instead, Prop 36 increases mass incarceration and upholds systemic racism. In north Alameda County — Berkeley, Emeryville, and Oakland — 90% of the people we have seen charged under Prop 36 are Black, even though Black people make up just 10% of Alameda County’s total population. Countywide, 84% of Prop 36 cases have been people of color. This disproportionate impact on communities of color is a trend that we see in other counties as well. In Contra Costa County, 71% of people charged under similar theft-related laws are people of color.
Additionally, Prop 36 has no washout period. Prior convictions from as far back as 24 years ago have been used to trigger new charges under the law. The lack of time limitations in Prop 36 ensures that people who have long since left behind their unlawful behavior are still subject to the full force of this problematic law.
Proponents of Prop 36 sold a facade. Despite the evidence that shows mandatory treatment does not work, Prop 36 promised treatment for people facing drug charges, but provided no funding for already under-resourced programs. Many people charged under Prop 36 face long waits of up to six weeks in jail before they can be offered treatment. In many cases, people – who need and are eligible for services – instead opt for a felony conviction and probation simply to avoid the uncertainty and wait times associated with mandated treatment.
At a time when immigrant communities are facing unprecedented assault on their rights, Prop 36 will make more immigrants deportable and ineligible for lawful status even if they have lived in the U.S for decades. One in three Alameda County residents are immigrants.
The issues that Prop 36 attempts to address are not criminal justice issues. Substance use is a public health crisis. Poverty and homelessness are economic and humanitarian crises. Using the tools of the criminal justice system — arrests, prosecution, probation, and incarceration — to address these issues will only leave people more deeply traumatized, destabilized, and criminalized upon release. Instead of relying on criminal justice approaches that have failed to keep us safe for the past four decades, we should adequately fund community-based treatment programs, housing, and other social services that address these issues at their roots.
If we truly want to be safe while helping those struggling with substance abuse, poverty, and homelessness, we need to stop relying on the criminal justice system. We need to start investing in proven, effective solutions that address the root causes of crime while ensuring fairness, equity, and dignity for all.
Brendon Woods is Public Defender for Alameda County. Yoel Haile is the Director of the Criminal Justice Program at the ACLU of Northern California and a member of the Alameda County District Attorney Accountability Table.
Be the first to comment