Tag Archive for: San Diego District Attorney

DA Testifies in Support of AB 1959 to Close Dangerous Resentencing Loophole as Exposed by the Santana High School Shooter Case

San Diego County District Attorney Summer Stephan testified this morning in front of the California State Assembly Public Safety Committee in Sacramento, urging lawmakers to pass Assembly Bill 1959. The bill, authored by Assemblymember Dr. Darshana Patel (District 76), strengthens public safety by closing a dangerous loophole in California’s recall and resentencing laws by updating Welfare and Institutions Code section 707 to allow a transfer hearing for a court to decide whether a now-adult offender should be sentenced in juvenile court or adult court.

Current law, Penal Code section 1170(d), allows people who were sentenced to life without parole as minors to have their sentence reconsidered after they have served at least 15 years in prison, known as recall and resentencing. Due to laws emerging after the enactment of 1170(d), if a court finds a defendant eligible for resentencing, they are transferred to juvenile court. If they were under the age of 16 when they committed their crime, the juvenile court cannot impose custody and is forced to release the defendant without any determination that it is safe to do so. A defendant who was 16 or 17 would proceed to a transfer hearing pursuant to Welfare and Institutions Code section 707 to determine the appropriate jurisdiction for resentencing: juvenile court or adult court.

Under the AB 1959, the existing transfer hearing process would also apply to a defendant who was under 16 at the time of the offense, allowing a court discretion to weigh youthful offender factors with public safety concerns. This change restores judicial discretion and fairness to the resentencing process.

“This bill is about protecting our communities and fulfilling the original intent of resentencing laws,” DA Stephan said. “AB 1959 ensures that the intent of resentencing laws to consider danger to the public when evaluating serious and violent offenders is fulfilled. These laws were never meant to result in the immediate release of individuals who commit murder, school shootings or serial rapes in our communities. This law would close a dangerous loophole for juvenile offenders under 16 that results in their immediate release without any meaningful demonstration of rehabilitation, remorse, or assurance of public safety. Instead of thorough resentencing, they move directly to a juvenile disposition, often resulting in release without a true assessment of risk or justice for victims.”

DA Stephan pointed to the case of the Santana High School shooter, Andy Williams, who carried out a planned attack in 2001, killing two students and injuring 13 others. Despite being sentenced to 50 years to life and recently being denied parole in 2024 due to ongoing public safety concerns, Williams filed a petition for recall and resentencing in 2025 under current law. Because of this loophole, his case could be transferred to juvenile court for resentencing—even though he is now nearly 40 years old and has served less than half of his sentence. This outcome undermines accountability and was never the intent of the Legislature when it enacted recall and resentencing statutes.

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Phil Ortiz, who was a student at Santana High School and survived the shooting in 2001, also testified in front of the Public Safety Committee in support of AB 1959. He is now an El Cajon City Councilmember.

“Assemblymember Patel, DA Summer Stephan and their staff are ensuring justice is balanced,” Ortiz said. “The victims of the shooting at Santana High School have no ability to be free from their physical, mental and emotional wounds, including Randy Gordon and Brian Zuckor who were killed. Therefore, perpetrators shouldn’t be free from the consequences of their actions. The damage to the victims is permanent and the consequences to the perpetrators should be permanent as well.” 

The bill is a targeted, balanced response that restores the court’s discretion to weigh factors related to rehabilitation, youthful offender factors, and public safety and ensures the most serious offenses receive appropriate accountability while maintaining judicial oversight and the possibility of rehabilitation for deserving youth.

“AB 1959 seeks to close a loophole within resentencing law that has recently been exploited in San Diego County by a school shooter at Santana High School in 2001,” said Assemblymember Patel. “San Diegans deserve to have faith in their justice system to ensure that violent offenders that do not show remorse do not have a loophole to exploit and avoid accountability.”

The San Diego County District Attorney’s Office remains committed to advocating for policies that balance fairness with accountability while prioritizing the safety of all communities.

AB 1959 passed the Assembly Public Safety Committee and will now advance to the Assembly Appropriations Committee for further consideration.

Exploited and Underpaid: Two Charged for Trafficking Elder Care Workers in Around-the-Clock Labor Scheme

San Diego County District Attorney Summer Stephan announced human trafficking and wage theft charges today against two defendants who were taking advantage of the immigration status of their workers, forcing them to work around the clock without the pay required under California laws. View today’s news conference, here.

Rolando “Bobby” Solancho Corpuz, 57, and Maria Elsabel Sio Corpuz, 41, who are the administrators of two residential care facilities for the elderly in Vista and Escondido have each been charged with six counts each of wage theft and human trafficking.

“This case is a chilling example of human trafficking hiding in plain sight within our community,” DA Stephan said. “These defendants didn’t just steal wages, they stripped away the dignity and fundamental rights of vulnerable individuals, leveraging their immigration status as a weapon of exploitation. The defendants forced human beings to work around the clock for a pittance, while pocketing $175,000 of their hard-earned pay. In San Diego County, we will not tolerate the exploitation of those who care for our elderly, and we remain dedicated to ensuring that those who profit from human trafficking and theft of labor are held fully accountable.”

An investigation began after one of the workers contacted the Pilipino Workers Center to initiate a complaint against her former employers. The Pilipino Workers Center referred the investigation to San Diego County’s Office of Labor Standards and Enforcement who recognized elements of criminal violation of the law and transferred it to the San Diego District Attorney’s Office Workplace Justice team.

One victim worked at Rose Garden in Vista and Rose Garden Capo in Escondido from May 2023 until June 2024. The victim reported she was paid $150 a day to work six to seven days a week, 24 hours a day. The victim agreed to a monthly deduction from her wages with the understanding that the defendants would use those funds to retain an immigration attorney to help the victim become a legal permanent resident.

The victim was required to live at the facility and share a room with one of the patients. The victim would cook, clean as well as feed, bathe, and change the diapers of the patients. The victim was required to administer medication to patients as well as give patients insulin injections, even though the victim did not possess certifications or training that qualify her as a caregiver.

The victim contacted the immigration attorney and was told they were paid approximately $3,900 despite the victim having had over $19,000 withheld from her pay. The California Department of Industrial Relations performed an audit that determined the victim is owed over $175,000 in unpaid wages.

The investigation revealed two additional victims of this labor trafficking scheme who reported similar working conditions and illegal pay. These individuals were also required to care for patients after their shift, providing care for the patients throughout the night.

The investigation concluded that these employees were paid daily wages, which was not in accordance with California minimum wage laws. In addition, they were required to work overnight due to the patients needing 24-hour care. They were not compensated for overtime or paid even the minimum wage for the 24-hour work shift.

“Pilipino Workers Center is standing with these courageous Filipino home care workers who are taking action to hold exploitative employers accountable so that other workers are not exploited in the same way,” said Aquilina Soriano-Versoza, Executive Director of the Pilipino Workers Center. “They are showing that it is possible for workers to file wage claims and win, and that the more workers stand up, employers will know there are real consequences to committing wage theft and other labor violations.”

Collaboration with other county agencies and community organizations helps bring these cases to light.

“Our partnership with the District Attorney’s Office is essential to making sure employers who exploit workers are held accountable,” said Branden Butler, Director of the County Office of Labor Standards and Enforcement. “When labor violations cross the line into criminal behavior, coordinated action is critical. These cases have profound impacts on workers and their families, and we remain committed to delivering meaningful justice and ensuring safe, fair conditions for every worker in San Diego County.”

The defendants were arrested on March 26. They pleaded not guilty at today’s arraignment and will be in court again on May 14 for a readiness hearing. If convicted, they face a maximum term of 19 years and four months in prison.

This case is the result of an investigation by the San Diego County District Attorney’s Office Workplace Justice Unit. Deputy District Attorney David Vallero is prosecuting this case and District Attorney Investigator Yvette Gaines is the lead investigator. The investigation led to three search warrants that were simultaneously served and shows that there is a potential for many more victims of this labor trafficking and exploitation scheme. The DA’s Office is calling on any former employees who believe they were a victim to come forward. Reports can be made by calling or emailing Investigator Gaines at 619-531-3515 or Yvette.Gaines@sandiegoda.gov.

The DA’s Office requested the assistance of Department of Social Services Community Care Licensing Division to be on site to ensure the elderly residents of the Rose Garden facilities were receiving proper care.

Rose Garden Vista, located at 1266 Pleiades Dr., Vista, and Rose Garden Capo, located at 28688 Mountain Meadow Road, Escondido.

View today’s news conference, here.

DA, One Safe Place and the Consulate General of Mexico in San Diego Sign Updated Agreement to Support Victims

San Diego County District Attorney Summer Stephan and Ambassador Alicia Kerber Palma, Consul General of Mexico signed today a renewed Memorandum of Understanding (MOU) that strengthens a vital partnership between the San Diego County District Attorney’s Office One Safe Place: The San Diego County Family Justice Centers, and the Mexican Consulate. The updated agreement reinforces a collaborative commitment to support victims of crime who live, work, or travel on both sides of the U.S.–Mexico border.

The MOU formalizes continued cooperation to connect victims of domestic violence, sexual assault, human trafficking, child abuse, and other forms of victimization with critical services in the region. Through this partnership, the institutions will coordinate outreach, share resources, and provide cross-referrals to ensure victims can access culturally sensitive support services regardless of which side of the border they are on.

“Every day, thousands of people move between San Diego and Tijuana for work, school and family, likewise, crime and victimization do not stop at the border, and neither should our support for victims of domestic violence, human trafficking and elder abuse,” said District Attorney Summer Stephan. “Through this partnership between One Safe Place and the Mexican Consulate, we are strengthening a cross-border network of care so victims can access safety, services and justice wherever they are. Our goal is to ensure that no human being falls through the cracks because of geography or language. Our continued collaboration with the Mexican Consulate and innovative leader Consul General Alicia Kerber Palma strengthens trust within our binational community and ensures that victims who come to One Safe Place receive help in their language, in a culturally responsive way, and with a focus on safety, justice and healing.”

Since opening in July 2022, One Safe Place: The North County Family Justice Center in San Marcos and then in October 2025, One Safe Place: The South County Family Justice Center in National City, the DA’s two family justice centers have served over 12,000 victims and survivors by providing comprehensive support services under one roof. The centers offer assistance to individuals affected by domestic violence, child abuse, sexual assault, elder abuse, hate crimes, human trafficking, violent loss, and other forms of victimization. Services include legal assistance, counseling, advocacy, and connections to community resources, all designed to support survivors on their path toward safety and healing.

“Providing assistance and protection to the Mexican community is our highest priority, and the MOU that we have signed with the San Diego County District Attorney’s Office is a strong additional tool with which the Consulate strives to facilitate legal resources, advice, and a more effective access to justice for Mexican nationals and their families who are victims of domestic violence, abuse, trafficking and other crimes,” said Ambassador Alicia Kerber Palma, Consul General of Mexico in San Diego.

The Mexican Consulate in San Diego continues to play an important role as a partner at One Safe Place, participating in community outreach, prevention initiatives, and providing consular services for Mexican nationals. Consulate staff also collaborate on educational events such as “Cafecito Con La Comunidad,” a monthly gathering that connects the community with resources, information, and support services.

One Safe Place: The North County Family Justice Center is located at 1050 Los Vallecitos Blvd., San Marcos, CA 92069.  The center is open Monday through Friday from 8 a.m. to 6 p.m. and the first Saturday of the month from 8 a.m. to 12 p.m.

One Safe Place: The South County Family Justice Center is located at 401 Mile of Cars Way, National City, CA 91950. The center is open Monday through Friday from 8 a.m. to 6 p.m. and the second Saturday of the month from 8 a.m. to 12 p.m.

Walgreen Co. Resolves Allegations of Price Overcharges and Selling Expired Products

San Diego County District Attorney Summer Stephan announced today that Walgreen Co., which does business in California as Walgreens, has entered into a stipulated modification of a prior judgment in a consumer protection case brought by a team of California prosecutors. Walgreens will pay $6 million to settle a civil law enforcement investigation that alleged the largest American pharmacy retailer engaged in false advertising and unfair competition in California.

The update to the prior 2018 modified judgment was filed in Santa Clara County Superior Court by a team of prosecutors from Northern and Southern California including the District Attorneys of San Diego, Alameda, Contra Costa, San Bernardino, San Joaquin, San Mateo, Santa Clara, Santa Cruz and Yolo counties. Walgreens operates approximately 580 stores in California, 18 of which are in San Diego County.

The investigation centered on allegations that the retailer unlawfully charged customers prices higher than their lowest advertised or posted price and sold expired over-the-counter medicines. The District Attorneys’ investigators found that Walgreens sold expired over-the-counter medicines, such as aspirin, sunscreen and hand sanitizer. The effectiveness of some over-the-counter medicines may be reduced after the expiration date has passed.

“Our Consumer Protection Unit continues to fight for San Diegans,” DA Stephan said. “We need to be confident that retailers are not selling expired over-the-counter medications. This modified judgment requires Walgreens to take concrete steps that protect our community’s health.”

The updates to the modified judgment include an injunction that prohibits Walgreens from engaging in false or misleading advertising and additional measures to promote price accuracy and the removal of expired products from the store shelves. The measures include extensive store audits of all stores in California and a scanner price guarantee: “IF AN ITEM SCANS AT A HIGHER PRICE THAN THE ADVERTISED PRICE, AND THE ADVERTISED PRICE IS GREATER THAN SIX DOLLARS ($6), [WALGREENS] WILL GIVE YOU A SIX DOLLAR ($6) MERCHANDISE CARD. IF THE ADVERTISED PRICE IS SIX DOLLARS ($6) OR LESS, YOU WILL RECEIVE THAT ITEM FOR FREE.” The price guarantee does not apply to some products such as alcohol. The judgment also requires the pharmacy to pay $5.4 million in civil penalties and $600,000 in costs to cover the weights and measures and expired products investigation.

The San Diego County Department of Agriculture/Weights and Measures is the agency that inspects Walgreens stores throughout San Diego County and is instrumental in monitoring retailers to make sure that consumers are charged the correct price. Consumers may report weight issues to Weights and Measures online by using the General Consumer Complaint Form or by calling 1-888-TRUE-SCAN (878-3722) (toll free) or e-mail wm.awm@sdcounty.ca.gov.

Deputy District Attorney Kathryn Turner was the prosecutor for the San Diego County District Attorney.

DA, FBI, and HHS-OIG, Shut Down Medical Center Committing Healthcare Fraud

San Diego County District Attorney Summer Stephan announced criminal charges today against  Kim Huynh, 51, who was bilking Medicare and insurance companies through phony billing practices, money laundering and practicing medicine without a license. In all, the defendant billed more than $11 million for tests and treatment not covered under insurance plans.

Huynh directed the medical billers in her clinic, Tubi Connect, Inc., to submit claims of service for EEGs, which are scans used to diagnose conditions such as epilepsy or seizure disorders a service they did not provide, rather than the quantitative electroencephalogram (QEEG) scans her clinic performed. QEEGs are not covered by Medicare or private supplemental insurance, except under limited and exceptional circumstances.

“When someone steals millions of dollars from our healthcare system, it diverts critical resources away from patients who truly need care and undermines public trust,” DA Stephan said. “This defendant brazenly billed more than $11 million in fraudulent claims, laundered the proceeds, and operated a clinic that was practicing medicine without a license. That kind of deception puts consumers at risk from both the misappropriation of taxpayer dollars and patient safety at risk. Our DA’s office worked tirelessly alongside the FBI and the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) to uncover this scheme and hold the defendant accountable. Those who exploit the healthcare system for personal gain will be investigated, prosecuted, and brought to justice.”

Huynh owned and operated medical centers located in San Diego, Orange County and Texas, called Tubi Connect, Inc. The clinics provided medical care to neurodivergent senior citizens through neurofeedback therapy, an unproven experimental form of therapy in which a patient undergoes multiple quantitative electroencephalogram scans of their brain with the intent of retraining their brains to normalize activity. The scans were performed by unlicensed technicians, and the results were “interpreted” by clinic co-owner, Iman Shirali, who would present himself as doctor, though he had no medical training or certification. Shirali has since died.

“The extensive fraud perpetrated against our health care system allegedly committed by Kim Huynh is unconscionable,” said TJ Holland, Acting Special Agent in Charge of the FBI San Diego Field Office. “The FBI is committed to investigating fraud against the government, to include health care fraud, using all our available resources. Today’s charges are the result of FBI San Diego and our partners at the U.S. Department of Health and Human Services and the San Diego County District Attorney’s Office working together to uncover Huynh’s criminal scheme and hold her accountable.”

By claiming to provide the services that she did not render, Huynh fraudulently billed Medicare over $10 million resulting in more than $4.6 million being paid. Private insurance carriers were billed for more than $600,000 resulting in more than $100,000 being paid.

“Billing Medicare for unproven treatments, fabricated neurological testing, and services performed by unqualified individuals is a serious breach of trust,” said Robb R. Breeden, Special Agent in Charge of the Los Angeles Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS‑OIG will continue to work with our law enforcement partners to hold accountable those who exploit vulnerable beneficiaries and defraud federally funded health care programs.”

Huynh was arrested on March 11. She pleaded not guilty at today’s arraignment. Her bail was set at $750,000 and will be in court again on March 18, 2026, for a bail review hearing. If convicted, she faces 14 years in prison.

This case is the result of a two-year joint investigation between the San Diego County District Attorney’s Office, Federal Bureau of Investigation, and U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). Deputy District Attorney Jonathan Fraenkel is prosecuting this case.

Vivint Solar to Pay $4.3 Million Consumer Settlement for Misleading Customers

San Diego County District Attorney Summer Stephan, along with four other California prosecutors’ offices, has secured a $4.3 million settlement with Vivint Solar, Inc. and its related entities to resolve consumer protection violations involving the company’s solar power purchase agreements (PPAs). The settlement stems from allegations tied to residential solar installation and energy contracts that VivintSolar entered into with California consumers between August 2016 and October 2020.

The complaint, filed in Riverside County Superior Court, alleges that in advertising and promoting its solar energy systems and the terms of the PPAs, Vivint Solar misrepresented the agreements or failed to make adequate disclosures to avoid misleading consumers.

“When companies use misleading and aggressive tactics to ensnare customers, as in the case of this solar company, they are engaging in unfair competition and other consumer protection violations and will be held responsible under the law,” DA Stephan said. “Many of these companies commit the same violations across the state and being able to leverage our office’s statewide consumer protection partnerships allows us to do more to protect San Diegans. One of the most beneficial aspects of this case is the availability of $3 million for consumers to request reimbursement of losses they suffered. I am grateful to our Consumer Protection Team for holding businesses accountable and obtaining justice for consumers.”

Examples of Vivint Solar’s alleged violations include:

  • Misrepresenting the relationship between Vivint Solar and the local utility company, including wearing clothing branded with a Southern California utility company.
  • Misrepresenting energy or cost savings by telling consumers their bills would be lowered, when in many cases they climbed higher.
  • Misrepresenting consumers’ ability to cancel the contract or agreement in question.

In the final judgment, Vivint Solar is prohibited from engaging in unfair, illegal or fraudulent business practices related to its solar energy systems, including:

    • Making any false statement about the company’s relationship with a local utility, energy savings a customer might expect to receive, or a customer’s ability to cancel the contract.
    • Requesting, ordering, or otherwise obtaining a consumer credit report in connection with a consumer’s application for a loan or credit without first obtaining the consumer’s written consent.
    • Creating accounts related to the purchase, installation, servicing, or lease of any Solar Energy System without first obtaining the consumer’s written consent.
    • Failing to provide translations of written contracts related to the purchase, installation, servicing, or lease of any Solar Energy System in the language in which the contract was negotiated before the execution of such contract; and
    • Enforcing a liquidated damages provision in its agreements or contracts, including but not limited to a Vivint Solar PPA, that does not comply with the provisions of Civil Code section 1671 and California case law interpreting that statute.

Under the terms of the judgment, which was entered without admission of liability, Vivint Solar will pay a total of $1.3 million in civil penalties and investigative costs. It will also establish a restitution fund of $3 million to cover valid requests for restitution from a California consumer regarding solar energy systems sold by VivintSolar or the terms of any Vivint Solar PPA that fall between August 3, 2016, and October 8, 2020. On October 8, 2020, Vivint Solar became a wholly owned subsidiary of Sunrun, Inc. (“Sunrun”). Sunrun is not a party to this law enforcement action.

Notification to California consumers of the provisions of the Stipulated Judgment, including time limitations on making a claim and methods to submit a claim for restitution, will be provided by Vivint Solar and available on the consumer-facing website of VivintSolar, Inc. and Sunrun. Vivint’s other entities included in the settlement are Vivint Solar Holdings, Inc. and Vivint Solar Developer, LLC (“Vivint Solar”).

The case was jointly prosecuted by the District Attorneys of San Diego, Riverside, Alameda, Fresno and San Francisco. The prosecutors noted that Vivint Solar and Sunrun and its counsel have worked cooperatively with the public agencies to resolve the matter.

Deputy District Attorney Colleen Huschke prosecuted this case for the District Attorney’s Office.

San Diego County DA Summer Stephan Swears In 15 New Deputy District Attorneys

On January 30, District Attorney Summer Stephan proudly swore in 15 new Deputy District Attorneys committed to serving the people of San Diego County. In this special moment, our newest prosecutors share why they chose a career in public service — and why they chose the San Diego County District Attorney’s Office to make a difference. Join us in congratulating these dedicated public servants as they begin their journey to uphold justice, protect our communities, and stand for what’s right.

Join us for the San Ysidro Education Collaborative Community Forum on Feb. 10

San Diego County District Attorney Summer Stephan invites you to join us in San Ysidro for an important community forum with the San Ysidro Education Collaborative. We’ll talk about the issues impacting our families right now:

⚠️ Fentanyl dangers & overdose awareness

🛑 Consumer fraud prevention

💙 Human trafficking prevention & awareness

📱 Social media safety to protect kids online

📍 Ocean View Hills Elementary School

🗓 Tuesday, Feb. 10 ⏰ 5:30–7:30 p.m.

🎟 No Cost Event & open to the public Your voice matters. Your safety matters. We hope to see you there.

 

Family Predator Sentenced for Molesting Multiple Relatives over Years

San Diego County District Attorney Summer Stephan said today that a man who over several years molested five different nieces between the ages of 5 and 16 has been sentenced to prison.

Joaquin Ruiz, 45, was sentenced to 102 years to life in prison for 18 counts of sex abuse against a child including forcible lewd acts, oral copulation on a child more than 10 years younger, possession of child sexual abuse material and other counts. A jury found him guilty in August of every count.

“Predators who steal the innocence of a child, creating a lifetime of trauma, have no place in our society.” DA Stephan said. “Today’s sentence is a message to sexual abusers that you will be held to account, and you will not hide in the shadows, no matter what your affiliations are. I am grateful to our expert sexual abuse prosecution team, who delivered a measure of justice to the victims in this case.”

Considered devoutly religious, Defendant Ruiz was known as “the perfect man” in his family, so much so that when the first victim disclosed, her parents and the defendant’s wife did not believe her. This caused the victim to recant her disclosure and apologize to the defendant. A second niece disclosed what Ruiz did to her, but the girl’s mother and sister kept her disclosure secret for months until they confronted Ruiz and his wife at a park. The confrontation became so heated that the police were called, which kickstarted the child abuse investigation. The investigation revealed additional victims, videos from hidden cameras that Ruiz placed in his bathrooms to capture the young children using the toilet, and screenshots of child sexual abuse material from sites the defendant visited.

Child molestation is a very serious crime that can affect a victim forever. Victims suffer higher rates of school difficulty, depression, substance abuse, anxiety, post-traumatic stress, eating or sleeping disorders, and suicide. However, child molestation can be prevented, and parents and guardians are encouraged to talk to their children about what is and is not appropriate. For additional resources, visit the District Attorney’s page about molestation prevention.

Deputy District Attorney An Dang prosecuted this case.

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.