What can residents in Citrus Heights expect, now that Prop 36 passed?

By Sara Beth Williams–
Citrus Heights City Manager Ash Feeney on Tuesday thanked residents for helping pass Proposition 36 and said the measure will help the city in “building a safer, stronger Citrus Heights.”

Feeney said in an email update sent out to residents that enhanced penalties under Prop 36 for various property and drug crimes go into effect starting Dec. 18 of this year. He said suspects connected to multiple thefts where the aggregated merchandise total meets a $950 threshold can be charged with a felony, and organized retail theft including “smash-and-grab” crimes will also be subject to harsher penalties.

Additionally, Feeney said repeat offenders will face “jail-eligible felony charges,” with state prison being a potential after a fourth conviction. Crimes causing over $50,000 in property damage will also carry stricter consequences, he said. Previously, under Prop 47, shoplifting of items valued $950 or less from a store was generally a misdemeanor offense.

The city manager also praised the Police Department’s ongoing Organized Retail Theft Initiative, saying it is “delivering results” and crediting it with a drop in retail theft.

“With targeted efforts and close collaboration between local law enforcement and businesses, we are seeing a decline in retail thefts,” Feeney said.

The Sentinel reported recently that Citrus Heights Police have recovered thousands of dollars in stolen merchandise from commercial burglaries, including the recovery of $91,000 in jewelry from JC Penney, and over $1,000 in stolen merchandise from Target in Citrus Heights on Dec. 3 during a retail theft blitz operation.

“These crimes affect businesses and disrupt the shopping experience for our community members,” Feeney said, adding that the successes of the Police Department in arresting thieves and recovering merchandise helps deter similar crime.

Retail theft has been a challenge throughout the county, according to the Sacramento County Sheriff’s Office. Nearly 400 people were arrested and cited during a five-day retail theft operation in August, regional news reports said. According to Cal Matters, the Public Policy Institute of California found that reported shoplifting of merchandise worth up to $950 has soared 28% over the past five years.

Feeney also wrote that Prop. 36 will strengthen penalties for drug possession and emphasize rehabilitation for drug users by mandating treatment for repeat offenders, and offering support services like addiction specialists, shelter, and job training. The law also requires courts to warn those convicted of selling or providing illegal drugs like fentanyl and heroin that they could be charged with murder if the drugs provided were to kill someone.

Fentanyl has become a crisis, leading local and state leadership to establish the Fentanyl Addiction and Overdose Prevention Task Force (AB33) which was signed into law in October 2023, and other bills concerning controlled substances: such as AB367 and AB955. The US Drug Enforcement Administration has warned that there is “significant risk” of tampering by drug dealers who have been mixing fentanyl with other drugs including heroin, methamphetamine, and cocaine, because of its lower cost.

Two milligrams of fentanyl can be lethal, Feeney said during a recent State of the City speech, when he referenced a joint operation between the Citrus Heights Police Department and other law enforcement agencies that resulted in the seizure of nearly 350 grams of Fentanyl, along with the arrest of multiple suspects.

Drug users can have their offenses expunged for completing rehab programs under the new proposition, but refusal to participate may result in up to three years in jail, Feeney said.

Opponents of Prop. 36 have argued that it will lead to overcrowding of state prisons again, voicing continued support for the voter-approved Proposition 47 that passed 10 years ago and reduced penalties for certain crimes. While Prop 47 has been criticized as being lax on crime, its supporters have praised it for decreasing the prison population in California and allowing more individuals to access mental health and addiction treatment instead of facing incarceration.

Prop. 47 also required the state to calculate prison savings due to reduced incarceration and use funds for mental health programs, supporting crime victims, and other safety services. The savings amounted to $95 million in 2023, and over $800 million since 2016 according to the California Budget and Policy Center.

The Sacramento Bee reported that several members of the Legislative Black Caucus gathered at the Capitol on Aug. 19 to voice their concerns about Prop 36, saying the initiative would mean a “return to the bipartisan failures of the 1980s and 90s.” Opponents also argued that Prop 36 “wastes billions on prisons.”

According to the nonpartisan Legislative Analyst’s Office (LAO) , increased penalties for certain crimes under Prop. 36 will lead to more prison sentences and will increase state criminal justice costs, “likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year.” Additional likely cost increases of “tens of millions of dollars annually” are also expected at the local level, due to increases in jail and parole populations, as well as an increase in local court-related costs.

The proposition passed with over 68% support of voters statewide in November.