In November, California voters will resolve whether or not to reclassify sure theft and drug penalties and unwind a 2014 felony justice reform, Proposition 47. Beneath, a previously homeless man believes Proposition 36 will create each accountability and compassion to handle the fentanyl disaster. The opposing view: A previously incarcerated Californian worries that the kind of rehabilitation applications that modified his life will probably be misplaced if sources are spent filling prisons.
Proposition 36 certified for the November poll in California with over 900,000 signatures.
Merely put, this poll initiative will reform facets of Proposition 47 that in 2014 reclassified a number of “quality of life” crimes as misdemeanors as a substitute of felonies. The obvious was shoplifting — the place the brink for misdemeanor theft was raised to $950 per offense — and drug possession.
The influence of those adjustments was meant to cut back incarceration charges and create a extra equitable response towards folks of coloration who’ve been traditionally overrepresented in jails and prisons.
Did these adjustments work? For those who have a look at the information, the reply just isn’t solely no however shoplifting of lower than $950 elevated 28% over the previous 5 years. Did these adjustments work relating to drug possession? Whereas arrests weren’t essentially down, referrals to diversion applications have been up. In 2021, 55% of individuals launched into diversion applications in San Francisco re-offended, in line with the California Coverage Lab, a College of California analysis institute.
Whereas this experiment was taking place, one thing else occurred: Fentanyl began displaying up in our communities. It changed heroin on the streets and commenced an unabated overdose and poisoning disaster that helped contribute to roughly 11,000 deaths in California two years in the past and 107,000 overdose deaths within the U.S. final 12 months.
In cities like San Francisco the drug disaster has exploded, with an estimated 8,300 individuals are homeless and 51% experiencing drug or alcohol dependancy. Total, in 2023, California noticed one in every of most fast surges in drug deaths within the nation.
In a single 12-month interval, San Francisco police seized over 80 kilos of fentanyl in simply one neighborhood. Thoughts you, that’s the quantity seized, not the quantity that’s on the market. Since Prop. 47 reclassified sure drug possession offenses, organized drug sellers arrested with small quantities of medicine averted stiffer penalties. As a substitute, they are often charged with misdemeanor drug possession and may have been launched or referred to a diversion program which, as information exhibits, usually leads to one other crime.
This has led to an explosion of drug sellers on the road. For each vendor arrested, a brand new one will substitute them. However because the ones who get arrested usually find yourself again on the road, you now have two sellers the place you solely had one.
Like most cancers cells, they divide and multiply.
For me, the massive motive we’d like Prop. 36 is the fentanyl disaster. I’m a previously homeless heroin and fentanyl addict in restoration. I skilled homelessness on the streets of San Francisco in 2018 and witnessed firsthand the arrival of fentanyl and its influence.
Fifteen folks I as soon as knew are actually useless from drug overdose. But, after I stroll the streets of San Francisco at present, I nonetheless acknowledge drug sellers I knew six years in the past. Have they been arrested quite a few instances? Sure. However, on account of Prop. 47 and potential diversion and plea offers, they’re nonetheless there. Regardless of a number of convictions for dealing medication, they’ve no regret, no regrets and other people proceed to die at alarming charges.
Prop. 36 will restore accountability. It is not going to solely maintain fentanyl sellers accountable, however it can additionally give them an admonishment or a warning upon conviction that in the event that they proceed to promote fentanyl and somebody dies of an overdose or poisoning, they are often charged with homicide. That is known as “Alexandra’s Law” which is embedded in Prop. 36 and named after Alexandra Capeluto who tragically died of drug poisoning after taking what she thought was an Oxycodone tablet however was fentanyl.
The vendor knew it, didn’t inform her what was in it and, now, she is now not with us.
Many Californians don’t notice this, however the road drug markets have modified. Sellers with international provide chains are now not seen as exploitative, and the overdose deaths and poisonings tied to their product are principally met with “thoughts and prayers” by Sacramento lawmakers — as a substitute of substantive actions that assist degree the taking part in discipline between accountability and compassion.
That is attainable, too. If you’re a drug person on the road and you’re stealing to help your dependancy, try to be held accountable for theft. However, as a result of you’re hooked on medication, you must have the ability to keep away from jail or a prolonged jail sentence by accepting a possibility to obtain therapy. If you full therapy, your document will probably be expunged and prices dropped. That’s actually the definition of restorative justice.
Take it from me as somebody who was provided a selection similar to this: most will select therapy and a pathway off the road. It’s what most of us who are or have been homeless and addicted actually need.
Prop. 36 provides actual off-ramps for folks battling dependancy who change into justice concerned. That offramp is restoration. Beneath Prop. 47, too usually, the offramp is a straight line again to the road.
It doesn’t should be one or the opposite as critics attempt to frighten you into believing, there’s a third various, and that various is therapy. Let’s give folks an opportunity as a result of I wanted that probability as soon as.
Beneath the Prop. 47 felony justice system, it took six arrests — sure, six — earlier than I used to be held in jail for 3 months, which was lengthy sufficient to detox and begin making higher choices. That was the start of my street to restoration. Prop. 36 would make it three arrests for comparable prices.
If Prop. 36 was in place six years in the past, that would’ve meant much less time for me on the road, much less time hooked on medication and fewer time away from my household. Is it arduous? Completely. However misusing medication and having to steal on daily basis to help your dependancy is tougher.
Are therapy and restoration price it? Ask my spouse and kids who’ve their husband and father again. Accountability and compassion collectively saved my life. We are able to have each.
