Mike Hestrin: Proposition 36 is working but the state must fund treatment

With the overwhelming passage of Proposition 36 in November 2024, California voters sent a clear message to state lawmakers: it is time to end the public safety and public health crises of untreated addiction and rampant retail theft.

Proposition 36 enacted a transformative approach targeting these issues, mandating treatment programs for those suffering from addiction and increasing penalties for repeat theft offenders and those peddling deadly drugs like fentanyl. While early signs of success are evident, particularly in Riverside County, the effectiveness of Proposition 36 is at risk of failure without adequate funding for treatment programs.

The voters sent a message to lawmakers, and it is time for lawmakers to fulfill the will of the people they serve.

It is important to remember how we got here. Proposition 47’s reduction in penalties for theft and drug offenses led to minimal consequences for repeat offenders, creating a lack of incentives to stop their criminal behavior or seek help for their addictions. After Proposition 47’s passage, participation in California drug courts dropped an astounding 67%.  And we all witnessed the resulting rise in retail theft, homelessness, and drug addiction in our communities. From the enactment of Proposition 47 in 2014 to 2024, the state’s homeless population surged from 113,952 to 187,084 In short, California was, and still is, in crisis.

Proposition 36 provides a vital opportunity to reclaim our communities by increasing penalties for repeat theft offenders and drug dealers and establishing a new category of crime- a “treatment -mandated felony” for individuals struggling with addiction.

This innovative approach allows defendants to opt for treatment instead of traditional incarceration, with necessary incentives to encourage their choice. Initial data shows that defendants are making the choice for treatment.  

In the first year following Prop. 36’s enactment, the Riverside County District Attorney’s Office filed 2,014 treatment-mandated drug cases. While many of those cases are still pending, early resolutions show that 41% of cases result in treatment. This re-incentivization of treatment is a core goal of Prop. 36, and the data suggests it is effective.

Our office has also filed 1,709 cases under Prop. 36’s recidivist theft statute. While theft cases don’t formally fall under the “treatment-mandated felony” option, defendants are still choosing treatment in significant numbers. Of the 22% that are choosing treatment, half of those defendants are entering traditional drug courts – the same drug courts previously gutted by Prop. 47 and now being rebuilt by Prop. 36.

Despite the clear will of the voters and early achievements of Prop. 36, our state lawmakers have chosen not to adequately fund these treatment programs.

Last year, after ignoring estimates of $600 million for full funding and calls by some legislators for at least $250 million, lawmakers allocated only $100 million to be shared by all 58 counties – a number that will not even come close to fulfilling the voters’ mandate.

Recently, the governor released his budget for the year, once again neglecting to allocate meaningful funding for Proposition 36. Without adequate resources, treatment options will falter, and law enforcement and the courts will not be able to carry out the voters’ intent in enacting Proposition 36.  

I call upon the governor and the Legislature to fulfill the will of the People they serve by providing the necessary resources to ensure the success of Proposition 36. I also encourage you to make your voices heard in Sacramento.  You can find your state representatives at findyourrep.legislature.ca.gov

Mike Hestrin serves as the district attorney of Riverside County. Hestrin has served as DA of Riverside County since 2014.