Balancing accountability and treatment: The path forward in California’s retail theft and drug crisis

California has experienced a disturbing rise in retail theft, a challenge that has not only impacted businesses but also raised concerns about the broader implications for community safety. Recent legislative efforts to address the surge in crime that were referenced by the editorial board on February 27 are a clear acknowledgment that state leaders are beginning to take public safety seriously.  But while well-intentioned, those legislative solutions fall far short of addressing a serious problem which can only be corrected by a vote of the people.

Proposition 47, passed by California voters in 2014, aimed to reduce overcrowding in state prisons by reclassifying certain theft and drug possession offenses from felonies to misdemeanors. While the stated purpose behind this measure was to promote fairness in the criminal justice system, it inadvertently set a threshold which has made it challenging to hold repeat retail theft offenders accountable. Under Proposition 47, thefts under $950 are not classified as felonies – even for repeat offenders – which has resulted in a surge of individuals who repeatedly commit these thefts with little fear of significant legal repercussions.

This has not only led to a surge of “smash and grabs” and daily retail theft, but also threatened the viability of businesses, large and small, across the state. Stores have been forced to become fortified fortresses with everything from shampoo to power tools now locked in cages in the hopes of deterring would-be thieves – and not even those drastic measures is stopping the rampant theft. Shoplifting in Los Angeles soared 81% in 2023, according to LAPD statistics. Shoplifting is no longer the exception; it’s becoming the rule.

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Proposition 47 also included provisions for drug offenses, aiming to shift the focus from incarceration to treatment.  Unfortunately, it fell short in providing the necessary incentives and accountability crucial to ensuring that repeat serious drug offenders attend and complete mandatory drug treatment programs. The connection between drug addiction and theft is well-documented, with many individuals committing crimes to support their addiction. Breaking this cycle is critical to helping individuals address their serious drug addiction issues while also preventing crime in our communities.

This is where the Homelessness, Drug Addiction & Theft Reduction Act comes in. This vital ballot initiative represents a balanced approach  –  recognizing the need for accountability while also emphasizing the necessity of drug treatment. By adjusting the threshold for theft to ensure accountability and enhancing incentives for completing drug treatment programs, this act proposes a more effective strategy to tackle the underlying issues contributing to retail theft and drug addiction.

This is what the people want. In just a few hours, 1,300 registered voters drove in work trucks, on motorcycles, and even in a motor home to the Honda Center in Anaheim last month to sign petitions to support the Homelessness, Drug Addiction & Theft Reduction Act – and get it qualified for the November 2024 ballot.

Support for the Homelessness, Drug Addiction & Theft Reduction Act is growing exponentially across the state, including city leaders from Santa Monica, San Jose, and San Francisco. This broad support underscores the recognition of the need for a comprehensive approach that goes beyond the limitations of Proposition 47. This is not about the pendulum swinging wildly back to all or nothing tough on crime policies; this is about a methodical examination of what is working with Prop. 47 and what needs to be improved to protect all Californians.

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Businesses are the backbone of our economy, providing jobs, services, and goods to our communities. If we cannot ensure the safety and security of our businesses’ employees and customers, our society as a whole suffers tremendously. Similarly, addressing drug addiction with compassion and practical, meaningful solutions is essential to breaking the cycle of crime and helping individuals rebuild their lives.

An overwhelming 89% of California voters believe Prop. 47 must be tweaked for a more effective approach in tackling retail theft and drug addiction. Making those improvements to Prop. 47 will require going back to the voters.

You can’t fix a problem if you refuse to acknowledge one exists. Proposed legislative fixes are a clear acknowledgment that California’s retail theft and drug addiction problems aren’t going to just evaporate on their own.

We need change – and amending Prop. 47 through the Homelessness, Drug Addiction & Theft Reduction Act is the only way Californians will be able to achieve the kind of meaningful changes we need to safeguard public safety.

Todd Spitzer is district attorney of Orange County. Matthew Hargrove is president of the California Business Properties Association.

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