Tag Archive for: Proposition 36

DA, Downtown Partnership Join Forces to Deter Retail Theft, Support Businesses

San Diego County District Attorney Summer Stephan joined forces with the Downtown San Diego Partnership and the San Diego Police Department today to educate businesses that the new laws under Proposition 36 passed by the People are providing accountability alongside treatment, and to encourage reporting of crimes to law enforcement.

To support the effective implementation of the new laws, businesses are being informed that free window signage courtesy of the San Diego Organized Retail Crime Alliance and the DA is available that warns those who would commit retail theft that they will be prosecuted, especially repeat offenders who chronically target businesses and threaten public safety. One year after Proposition 36 went into effect, DA Stephan also provided an update on prosecutions under the new law.

“Prop 36 has made a real difference to local businesses and prosecuting these habitual offenders is making stores and the community safer—across the county and in Downtown San Diego,” DA Stephan said. “Since the new law went into effect, business owners have been able to call police to stop repeat thieves from terrorizing their employees and customers. By emphasizing accountability alongside treatment and rehabilitation, data also shows that Prop 36 is working to address the core drivers of habitual criminal behavior.”

Data released last month shows that as of November 11, 2025, 2,721 cases have been charged with one of the two key portions of Prop 36: repeat theft offenders charged under Penal Code section 666.1 and repeat hard drug offenders charged under Health and Safety Code section 11395. About 65 percent of the cases fall under drug charges, while about 35 percent pertain to retail theft.

In about 98 percent of those cases, the court has placed defendants on a treatment track to address their addiction or other underlying causes of crime.

DA Stephan was joined at a news conference today by San Diego Mayor Todd Gloria, San Diego Police Captain Ryan Hallahan and Alonso Vivas, the Downtown San Diego Partnership’s Senior Vice President and Executive Director of its Clean and Safe program, to provide an update on Prop 36 prosecutions, explain how police are responding to calls for service when thefts occur, and highlight the support the Downtown Partnership provides to businesses in the City’s urban core.

Over the past 12 months, local small and large businesses have expressed relief over the implementation of the repeat theft offender provisions of Prop 36, with some reporting that stricter penalties are deterring theft and providing a sense of security for businesses previously targeted by recurring offenders.

“For the first time in years, Downtown businesses, residents, and visitors feel like the system is working with them instead of against them,” Vivas said. “Since Prop 36 took effect, we’re hearing from shops that they are finally seeing real relief from retail theft and fewer repeat offenders walking back through their doors.”

San Diego Police Department statistics for 2025 show there’s been a 23 percent decrease in the downtown San Diego area for theft, robbery, burglary/breaking and entering, larceny, and other property crimes. In 2024, there were 3,515 such crimes and this year there have been 2,708.

“SDPD’s efforts in downtown are about protecting our community from criminal behavior that threatens safety, commerce, and quality of life,” said SDPD Captain Ryan Hallahan. “Prop 36 provides us with the ability to enforce specific narcotic and theft violations as a felony, hold people accountable for criminal acts, and provide treatment for those battling addiction. It’s encouraging to see the statistics showing positive results for our downtown businesses, and our teams will continue working to keep it that way.”

 

“Proposition 36 is delivering results for San Diego,” Mayor Gloria said. “Downtown is seeing fewer property crimes, and we’re bringing accountability back for repeat offenders while still offering treatment and services for those struggling with addiction. Retail theft hurts everyone – small business owners, workers, and customers. I urge San Diegans to report these crimes when they happen. Every report helps us hold offenders accountable and keep our city safe for all of us.”

 

“A year after voters resoundingly approved Prop 36, we’re seeing its promise delivered,” said San Diego City Councilmember Stephen Whitburn, who represents downtown. “District Attorney Stephan and our law enforcement officers are holding repeat offenders accountable, and that’s critical for protecting downtown residents and businesses. This coordinated effort is renewing confidence for my constituents who live and work downtown.”

At today’s news conference, businesses were reminded that they can take proactive steps to maximize the impact of Prop 36, 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.

In addition, businesses were reminded today that free window cling stickers are available that warn would-be thieves they will be prosecuted. To request a free window cling theft warning, businesses can email SanDiegoDA@sdcda.org

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. In addition to engaging the Downtown San Diego Partnership and Chambers of Commerce across the county, 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.

Proposition 36, which passed with 68 percent of the vote in 2024, took effect in December of last year. The DA’s Office has been committed to successfully implementing the transformational proposition in partnership with the Sheriff, the county’s police chiefs, the court and the community. The measure:

  • Provides stricter consequences for repeat theft offenders, those who are committing smash and grab retail crimes, and organized theft rings, to help 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 a victim’s death. The law provides additional consequences for illegal drug dealers who cause great bodily injury or death, who carry firearms while dealing narcotics, or are involved in the distribution of unusually large quantities of narcotics.
  • Incentivizes lifesaving treatment for defendants suffering from addiction by creating the new Treatment Mandated Felony that offers treatment as an alternative to incarceration for those who illegally possess hard drugs like fentanyl and methamphetamine, addressing the root cause of many crimes.

More information about the implementation of Prop 36 can be found on the DA’s website here.

 

DA Weekly News with DA Summer Stephan 11-13-25 | DA Visits Businesses to Share Prop 36 Resources

This week, District Attorney Summer Stephan visited local businesses across San Diego to discuss the implementation of Proposition 36 and hear directly from business owners about their public safety concerns. During the visits, the DA’s Office also provided theft-deterrent posters designed to help prevent retail crime and support shop owners. Together, we’re working to keep our neighborhoods safe, informed, and supported. To request a free window cling theft warning for a business, please email SanDiegoDA@sdcda.org. Learn how Prop. 36 is preventing retail theft and providing drug treatment for offenders, CLICK HERE.

Photo of gavel, law book opened and scales of justice on a table in front of books.

New Prop 36 Data Released

San Diego County District Attorney Summer Stephan today released promising data related to prosecutions and court-mandated treatment under news laws created by the passage of Proposition 36. Numbers show that of the hundreds of defendants who have pleaded guilty to drug-related offenses under Prop 36 since early April and have gone through the treatment or probation screening process, only five have not been offered and accepted services from the Probation Department or court mandated drug treatment.

At the same time, local small and large businesses have expressed relief over the implementation of the repeat theft offender provisions of Prop 36, with some anecdotally reporting that stricter penalties are deterring theft and providing a sense of security for businesses previously targeted by repeat offenders.

“It’s a very positive picture eight months into the implementation of Prop 36 and four months into a regional plan for treatment options,” said DA Stephan. “We’re already seeing promising evidence that Prop 36 is restoring the rule of law, giving hope to businesses suffering the specter of repeat theft that has threatened the safety of employees and customers. By emphasizing accountability alongside treatment and rehabilitation, data also shows the law is working to address the core drivers of habitual criminal behavior.”

More information about Prop 36, including statistics updated each month can be found on the DA’s public website here.  Watch a video about how Prop 36 is working here.

Data released this month show that as of July 31, 2025, a total of 1,778 cases have been charged with one of the two key portions of Prop 36: repeat theft offenders charged under Penal Code section 666.1 and repeat hard drug offenders charged under Health and Safety Code section 11395.

The measure allows defendants charged with possession of a hard drug plus two or more prior convictions to opt for treatment instead of prison sentences, aiming to address underlying issues of addiction. In early April, the San Diego Superior Court approved the countywide implementation of mandated treatment under the new law. Since then, 98% of defendants who have resolved their cases and have gone through the treatment or probation screening process have been offered and agreed to accept services from the Probation Department or court mandated drug treatment providers.

Data shows Prop 36 is revitalizing drug courts by providing leverage to encourage individuals to engage in treatment programs. Drug Court, which turns lives around for those whose addiction led to a criminal history, has seen an increase in participants across the county with 309 individuals enrolled as of August 1, 2025 out of a capacity of 440.

Proposition 36, which passed with 68% of the vote, took effect in December of last year. DA Stephan said her office has been committed to successfully implementing the transformational proposition in partnership with the Sheriff, county’s police chiefs, the court and the community. The measure:

  • Provides stricter consequences for repeat theft offenders, those who are committing smash and grab retail crimes, and organized theft rings, which will 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 a victim’s death. The law provides additional consequences for illegal drug dealers who cause great bodily injury or death, who carry firearms while dealing narcotics, or are involved in the distribution of unusually large quantities of narcotics.
  • Incentivizes lifesaving treatment for defendants suffering from addiction by creating the new Treatment Mandated Felony that offers treatment as an alternative to incarceration for those who illegally possess hard drugs like fentanyl and methamphetamine, addressing the root cause of many crimes.

The DA is encouraging business owners and the public to report theft, share information, and support efforts to hold offenders accountable. 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.

During DA Stephan’s recent tour of a Walmart store in San Diego, store officials said their goal is to improve the consumer’s shopping experience and noted that they have been able to unlock some products in their stores that previously were under lock and key to prevent theft.

“We’re already talking about which items can be moved around and unlocked, and which need to be locked,” said Nathan Smith, Lead Counsel with Walmart. “Those are numbers-driven decisions, but partnering with law enforcement and prosecutors is critical to make that happen.”

The District Attorney’s Office has specialized teams for retail theft, treatment courts, and major narcotics to effectively address all aspects of Proposition 36, working in partnership with law enforcement and the community. The DA’s Office also participates in the San Diego Organized Retail Crime Alliance, bridging the gap between public and private investigations of organized retail theft in both large and small businesses in the county.

To prepare for Prop. 36 to take effect, the DA’s Office trained law enforcement officers across San Diego County about the new laws, collaborating with the San Diego County Sheriff and police chiefs throughout the region, conducting internal trainings for prosecutors, meeting with criminal justice stakeholders, working with business leaders in the region, consulting with the California District Attorneys Association and brainstorming with other District Attorney Offices across the state to leverage best practices to effectively implement the new law.

Proposition 36 – Safer Communities, Real Change

Eight months after it became law, Proposition 36 is already making a difference for communities and local businesses. It’s helping reduce retail theft, giving stores hope by unlocking products, and providing treatment for those stealing to support an addiction. Watch more in the video below. Read about the new Prop. 36 data released, here.

Photo of a gavel over law books and scales of justice.

Proposition 36 Becomes Law

Proposition 36, which passed with 68% of the vote in November, officially takes effect on December 18, 2024 in California and San Diego County District Attorney Summer Stephan said her office is committed to successfully implementing the transformational proposition in partnership with the Sheriff, county’s police chiefs and the community. This proposition addresses three key public safety issues plaguing our communities:

  • Repeat retail theft affecting small and large businesses and impacting the safety of their employees and their customers.
  • Fentanyl and methamphetamine dealers who are poisoning individuals across the county and fueling crime.
  • Untreated drug addiction and related behavioral health issues causing overdose deaths that disproportionately impact a substantial portion of persons who are homeless.

The new law provides stricter consequences for repeat theft offenders, those who are committing smash and grab retail crimes, and organized theft rings, which will stop the cycle of recidivism. The new law will also require 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 a victim’s death. The law provides additional consequences for illegal drug dealers who cause great bodily injury or death. Importantly, the new law incentivizes lifesaving treatment for defendants suffering from addiction by mandating treatment as an alternative to incarceration, addressing the root cause of many crimes.

To prepare for Prop. 36 to take effect, the DA’s Office has been training law enforcement officers across San Diego County about the new laws, collaborating with the San Diego County Sheriff and police chiefs throughout the region, conducting internal trainings for prosecutors, meeting with criminal justice stakeholders, working with business leaders in the region, consulting with the California District Attorneys Association and brainstorming with other District Attorney Offices across the state to leverage best practices to effectively implement the new law.

“It’s a new day for the rule of law in San Diego County and California,” DA Stephan said. “I call on retailers and the community to report theft because unlike the last 10 years, the law now provides for increased consequences for repeat criminals. Educating San Diego County, which is the second-largest county in our state, about Proposition 36 and the balanced, common-sense solutions it brings has been worthwhile, leading this proposition to pass with an overwhelming majority and creating a clear mandate resulting from the will of the people.”

 

“Proposition 36 finally restores the rule of law so that we don’t have to stand by while businesses suffer under the crushing weight of repeat theft that steals their livelihood and threatens the safety of their employees and customers,” DA Stephan said. “Proposition 36 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.”

Prop. 36:

  • Elevates shoplifting to a felony for individuals with two or more prior theft-related convictions.
  • Increases penalties for organized criminals who act in concert to commit ‘smash and grab’ and other forms of retail theft.
  • Establishes a new mandated treatment option for individuals charged with felony crimes who have two prior drug convictions, providing a pathway to clear their criminal record upon successful completion of treatment.
  • Requires a warning for convicted drug dealers that if they sell fentanyl or other hard drugs and someone dies, they will be held responsible for the life lost.
  • Adds a consequence for selling fentanyl or other hard drugs that result in great bodily injury or death.

With Prop. 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 that can better document crimes and training employees on how to document evidence and the losses suffered.
  • Engaging with law enforcement, encouraging them to collaborate with local authorities to stay informed about solutions available under the new law.

“The passage and implementation of Prop 36 signals a major change in how we enforce laws addressing theft, property damage, and drug-related crimes. It also sends a message to would-be criminals that law enforcement and our residents will no longer tolerate their actions,” said Chula Vista Police Chief Roxana Kennedy. “Public safety and protecting our business owners and community remain a top priority for the Chula Vista Police Department. We look forward to implementing this new legislation and will work with our law enforcement partners to seamlessly navigate these changes.”

DA Stephan said it will be a process as the criminal justice system, businesses and communities adjust to the implementation of Prop. 36, and in the coming months hopes the new law will restore accountability and fairness while offering hope and recovery for those in need of treatment.

San Diego County Sheriff Kelly Martinez said that in anticipation of the passage and implementation of Proposition 36 the Sheriff’s Office has provided regional law enforcement with guidelines on charges that will be accepted for booking. Generally, all felonies are bookable offenses and will be accepted at local jails. Individuals with two convictions for theft and certain drug crimes can now be charged with a felony offense for a new theft or drug case.

“I encourage business owners who have become discouraged with a lack of accountability related to theft crimes, to call law enforcement when they are victims of these crimes in order to hold suspects accountable,” Sheriff Martinez said. “Public safety is our primary mission, and all members of the Sheriff’s Office will continue in our commitment to work with our communities and keep them safe.”

Public Events Scheduled to Educate About Prop. 36

San Diego County District Attorney Summer Stephan said today she will be joining the business community at several community events over the next two months to educate business owners and the public about Proposition 36: The Homelessness, Drug Addiction and Theft Reduction Act, an initiative on the November ballot that would address the issue of repeat retail crime and fentanyl dealers, along with other related changes to the law.  Knowledge is power and these events will provide an opportunity to learn about this initiative that Californians and San Diegans placed on the ballot through signature gathering.

 

In the first event on September 18, the San Diego Regional Chamber of Commerce is partnering with DA Stephan, Mayor Todd Gloria, the San Diego Downtown Partnership, and the Gaslamp Quarter Association to host the Prop 36 educational workshop. Organizers say participants will hear why Prop 36 is an important measure to consider for not just California, but also for San Diego’s binational region.

 

Other forums are being co-organized by the Asian Business Association, Black Chamber of Commerce, Hispanic Chamber of Commerce, Young Black & N’ Business, Oceanside Chamber of Commerce, Vista Chamber of Commerce, Fallbrook Chamber of Commerce, Encinitas Chamber of Commerce, San Marcos Chamber of Commerce, Carlsbad Chamber of Commerce, Chula Vista Chamber of Commerce, Otay Mesa Chamber of Commerce, National City Chamber of Commerce, East County Chamber of Commerce, La Mesa Chamber of Commerce, Lakeside Chamber of Commerce, Spring Valley Chamber of Commerce, Santee Chamber of Commerce and East County Economic Development Corporation.

 

The dates of the business-sponsored events are:

 

September 18:  Downtown

12:00 p.m. to 2:00 p.m.

Gaslamp Marriott Hotel

Registration (suggested) and more information can be found here.

 

September 26: North County

5:30 p.m. to 7:30 a.m.

Mira Costa College

Registration (suggested) and more information can be found here.

 

October 3: South County

12 p.m. to 2:00 p.m.

Chula Vista Civic Center Library Auditorium

You can register here.

 

October 10:  East County Event

12:00 p.m. to 1:00 p.m.

Virtual on Zoom – Details to be posted here.