Proposition 36: Making Our Community Safer

Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, passed with 68% of the vote and took effect in California on December 18, 2024. The San Diego County District Attorney’s Office helped educate Californians on the proposed new laws and is committed to successfully implementing this transformational proposition in partnership with the Sheriff, Police Chiefs, Superior Court, justice stakeholders, and the community.

Proposition 36 restores the rule of law, so we don’t have to stand by while businesses suffer the crushing weight of repeat theft that steals their livelihood and threatens the safety of their employees and customers. The new law sends a clear message that we will fight back against fentanyl dealers who have cost so many young lives and will hold them accountable for their actions. Importantly, Proposition 36 also humanely addresses the rampant addiction from hard drugs that is fueling homelessness and crime by incentivizing lifesaving treatment. By emphasizing accountability alongside treatment and rehabilitation, this law addresses the core drivers of habitual criminal behavior, while ensuring fairness in our justice system.

— Summer Stephan, San Diego County District Attorney

What Does Proposition 36 Do?

  • Provides stricter consequences for repeat theft offenders, those committing smash-and-grab retail crimes, and organized theft rings to stop the cycle of recidivism.
  • Requires convicted dealers of fentanyl and hard drugs to receive a warning that the next time they sell illegal drugs and someone dies, they will be held responsible for the victim’s death. It also provides additional consequences for illegal drug dealers who cause great bodily injury or death.
  • Incentivizes lifesaving treatment for defendants suffering from addiction by creating the Treatment Mandated Felony, offering treatment as an alternative to incarceration for those who illegally possess hard drugs like fentanyl and methamphetamine, addressing the root cause of many crimes.

By the Numbers

Case numbers updated as of August 10, 2025, related to the two key portions of the proposition: repeat theft offenders (Penal Code section 666.1) and repeat hard drug offenders (Health and Safety Code section 11395):

Charge Type Number of Cases Percentage
Drug-Related Possession (Treatment Mandated, 2+ priors) 1,207 67.9%
Theft-Related Crimes (Repeat Offenders) 571 32.1%

Total Cases: 1,778

Treatment for Offenders

Proposition 36 is revitalizing drug courts by providing leverage to encourage individuals to engage in treatment programs. The measure allows defendants accused of non-violent drug crimes to opt for treatment instead of prison sentences, aiming to address underlying issues of addiction.

In early April, the Superior Court approved the countywide implementation of mandated treatment under the new law. Since then:

  • 98% of defendants are receiving treatment through a deferred entry of judgment or felony probation conditions.
  • Drug Court has seen an increase in participants, with 309 individuals enrolled as of July 2025, out of a capacity of 440.

  • San Diego County Behavioral Health Services (BHS)
    Website: www.sandiegocounty.gov/bhs
    Phone: Access and Crisis Line – (888) 724-7240 (24/7, confidential)
    Services: Referrals to detox, outpatient, residential treatment, and mental health support.
  • McAlister Institute
    Website: mcalisterinc.org
    Services: Residential and outpatient treatment for adults, teens, and families across San Diego.
  • SAY San Diego (Social Advocates for Youth)
    Website: saysandiego.org
    Services: Youth prevention programs, family support, and early intervention for substance use.
  • Alpha Project
    Website: alphaproject.org
    Services: Residential drug/alcohol recovery, housing, and support services for people experiencing homelessness.
  • Veterans Village of San Diego (VVSD)
    Website: vvsd.net
    Services: Substance use treatment and housing for veterans, including a detox program.
  • 2-1-1 San Diego
    Website: 211sandiego.org

Community and Business Reaction

Retail theft impacts the safety and well-being of our entire community. With Proposition 36 now in effect, businesses in San Diego County can take proactive steps to maximize its impact, including:

  • Reporting crimes and educating employees on aspects of the new laws.
  • Investing in surveillance to better document crimes and training employees on how to document evidence and losses suffered.
  • Engaging with law enforcement to collaborate and stay informed about solutions available under the new law.

Business owners and the public should report theft, share information, and support efforts to hold offenders accountable to promote public safety and maintain a thriving community.

Local small and large businesses have expressed relief over the implementation of Proposition 36, anticipating that stricter penalties will deter theft and provide a sense of security for businesses previously targeted by repeat offenders.

Recognizing an increase in organized retail theft, several years ago the DA’s Office formed a specialized team of prosecutors and investigators to fight this crime. The team works with local businesses and law enforcement to build sound evidence, which ultimately leads to stronger cases. The DA’s Office also participates in the San Diego Organized Retail Crime Alliance, (SDORCA) bridging the gap between public and private investigations of organized retail theft in both large and small businesses in the county. In fact, the District Attorney’s Office not only has specialized teams for prosecuting and preventing retail theft, it also has experts who work with treatment courts, and experienced prosecutors in the DA’s Major Narcotics Division, who all work to effectively address various aspects of Proposition 36, working in partnership with law enforcement and the community.

To request a free window cling theft warning for a business, please email SanDiegoDA@sdcda.org. (8” X 8”)

Resources for Retailers

If you’re a retailer concerned about theft or looking for more information about Proposition 36, contact:

If you witness retail theft, call your local police department or the Sheriff’s Office and note the following:

  • Did the suspect come in alone or with others?
  • If more than one person, what led you to believe they were together?
  • How was merchandise selected? (e.g., with or without regard to price/size/quantity, pace, were they looking at a list or phone?)
  • If you’ve seen the suspects before, can you provide additional incident information (date, time, items stolen, dollar amount, videos, or photos)?
  • What about the suspect(s) behavior caught your attention?
  • Were any of the stolen items ‘hot’ or ‘trendy’ items commonly stolen?

Contact Numbers:

  • San Diego Police Department: 619-531-2000
  • San Diego County Sheriff’s Office: 858-868-3200
  • Chula Vista Police Department: 619-691-5151
  • National City Police Department: 619-336-4411
  • La Mesa Police Department: 619-667-1400
  • Escondido Police Department: 760-839-4722
  • Oceanside Police Department: 760-435-4900
  • Encinitas Police Department: 760-966-3500

California Department of Justice Organized Retail Crime Reporting Portal:
Report suspected stolen goods found for sale online anonymously at www.oag.ca.gov/bi/retail-crime/report. Information is shared with relevant law enforcement agencies and task forces.

DA Stephan Takes the Fight Against Retail Theft to Congress

In 2025, San Diego County District Attorney Summer Stephan testified before the U.S. Senate Judiciary Committee, urging swift Congressional action to combat the growing threat of organized retail crime (ORC) and transnational theft networks that are harming communities and businesses across the nation with commercial and residential thefts and burglaries. In her testimony, DA Stephan outlined the evolution of organized theft from isolated incidents into sophisticated, multi-state and international criminal enterprises responsible for billions in losses and threats to public safety. Drawing from her office’s successful prosecutions in San Diego County, Stephan emphasized that these crimes are far from victimless and require a coordinated, national response. Watch a recording of the hearing here.