ANAHEIM, CA – Since Proposition 36 passed last November and went into effect in December, local law enforcement has begun to crack down on retail theft across the state, according to the Orange County Register.
This crackdown has manifested in numerous ways, including a three-day operation in Riverside County, in which officers aimed to catch as many shoplifters as possible, resulting in 23 arrests, wrote the Orange County Register.
According to the article, Proposition 36, which passed by a 70 percent vote in November, institutes a ‘three strike’ policy that ensures anyone committing a third theft could be charged with a felony, regardless of the amount stolen.
Before the passage of the proposition, thefts of less than $950 were classified as misdemeanors, the Orange County Register states.
Prop. 36 works in part to undo Prop. 47, a crime reform bill that passed in 2014, asserts the article, which notes Prop. 47 reclassified nonviolent felonies like petty theft and drug possession as misdemeanors, which many argue led to increased theft and drug use in the state.
Six of the 23 people arrested during the operation in Riverside County could be charged with felonies under Prop. 36, reports the article.
“It’s the teeth that allows us to send them to jail,” said a Riverside County officer to the Orange County Register. “Before Prop. 36, you could steal every day and you’d never be charged with a felony unless it was $950 or more.”
In Southern California, law enforcement departments have been creating or expanding anti-theft operations, resulting in the increased arrests of repeat offenders, according to the article. Since the implementation of Prop. 36 in December, prosecutors have reported an increase in felony charges for theft and drug offenses, writes the Orange County Register.
According to the article, the Los Angeles County sheriff has also put together a retail theft operation, targeting “booster crews,” or theft rings. Since February, this operation has arrested seven people and recovered $4 million in stolen goods from 17 retailers, including CVS, Macy’s, Target, Ulta Beauty, and Walgreens, reports the Register.
The stolen goods included cosmetics, hygiene products, clothing, handbags, household items, fragrances, and scented candles, which were sold to “fence” operations in Los Angeles, says the article, noting law enforcement also seized a significant amount of cash.
The article reports that LA County District Attorney Nathan Hochman believes the purpose of Prop. 36 is to deter offenders, rather than to fill up prisons.
“Since a very small percentage of such thieves and illegal drug users commit a disproportionate amount of crimes, if we can deter them from their criminal activity, the overall crime rate should decrease,” Hochman said, according to the article.
The Register writes San Bernardino County’s District Attorney Jason Anderson agrees emphasis should be put on deterring repeat offenders, adding his office considers the length of time between offenses before charging an offender with a felony, noting, “If it’s some guy whose last theft conviction was 10 years ago, we’re not going to file (felony charges) on that person. That’s not what I believe the statute was designed to do.”
In Seal Beach, social media campaigns have played a crucial role in deterring crime, notes the article, explaining Seal Beach police posted a now-viral video of two theft suspects in the back of a patrol car discussing the felony charges they would face, with one suspect shocked that it is now a felony.
The video is part of the local police department’s “Don’t Steal in Seal” campaign, which Police Chief Michael Henderson claims “has been instrumental in raising public awareness and deterring crime,” writes the Orange County Register.
Prop. 36’s implementation succeeds at a time when retailers became frustrated with their inability to prevent theft under Prop. 47, with some retailers turning to locking away everyday items, states the article.
In El Monte, a town in the San Gabriel Valley, police are encouraging retailers to report thefts in light of Prop. 36., which makes the prosecution of offenders more effective, according to the Orange County Register, adding these business owners had previously complained thieves were only cited for their crimes, discouraging retailers from reporting the thefts.
In Anaheim, police Sgt. Jacob Gallacher reported that his department was granted $6.1 million by the state in 2023 to organize a full-time anti-theft task force, writes the Register, adding the officer said it may take longer to determine the long-term effects of the proposition.
Gallacher tells the Orange County Register, “We’ll be able to compare apples to apples and oranges and oranges to oranges once a significant amount of time has passed.”
District attorneys like Todd Spitzer of Orange County want to ensure that the enforcement of Prop. 36 delivers to voters’ expectations, says the article.
“We as elected district attorneys across California are carrying out the will of the people and ensuring that accountability is restored to California’s criminal justice system,” – Spitzer
“We as elected district attorneys across California are carrying out the will of the people and ensuring that accountability is restored to California’s criminal justice system,” Spitzer stated in the article. “Lawlessness is no longer an option, and for far too long criminals have exploited soft-on-crime policies to commit theft and drug crimes with little, if any punishment, at the expense of public safety.”
According to the article, the Orange County District Attorney’s Office has now charged 269 people with felony theft offenses and 1,204 people with felony drug possession, with the DA stating, “We need the Legislature and the governor to fully fund the treatment programs required to fully enact Prop. 36 across the state.”
Riverside County’s District Attorney Mike Hestrin claims that, while Prop. 36 will not cure theft and drug crimes, it shows promise, according to the article.
Since December, the Orange County Register reports that 335 people have been charged with felonies by Hestrin’s office, including a 46-year-old man who had two prior convictions. The man pleaded guilty to felony petty theft under the proposition and was sentenced to two years in prison, the article says.
The Orange County Register writes that Prop. 36 gives those accused of drug possession, specifically possession of fentanyl, methamphetamine, and heroin, the option to receive drug treatment as a “treatment-mandated felony.”
The Orange County Register reports that, compared to January of 2024, theft-related crime in San Bernardino has decreased by 20 percent—Capt. Nelson Carrington asserts that this is due to his department’s enforcement under Prop. 36.
