How Will New State Crime Laws Shake Out in Santa Barbara County?

In November, more than 10 million California voters supported Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act,” which called for harsher punishments for theft and drug-related crimes statewide. These changes — which allow local jurisdictions to charge certain crimes as felonies — go into effect December 18, though there is still uncertainty about how things will work out at the local level.

The main change is that law enforcement can now “aggregate the value” of property or merchandise stolen during multiple thefts to meet the $950 minimum threshold for a felony “without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan.” Supporters of the legislation consider the changes as a new tool for law enforcement to cut down on crime, spurred in part by the uptick in retail and petty theft during the pandemic.

“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said California Attorney General Rob Bonta in a statement regarding the changes. “My office is committed to fighting organized retail crime head-on.”

Opponents to Prop. 36 argue that there is little proof harsher sentencing leads to a direct drop in property and drug crime rates, which are often tied to societal factors such as poverty, mental health struggles, or drug addiction. The changes are also viewed by critics as a step backward, undoing the work of a 2014 state measure that turned nonviolent felonies into misdemeanors.

Here in Santa Barbara County, District Attorney John Savrnoch says it’s “hard to tell” at this point how many cases will be affected by the changes, but his office will be taking a “slow approach” while working through the potential impacts.

In regard to drug offenses, he said that certain “hard” drugs like fentanyl, meth, or cocaine can once again be filed as a felony if the individual has two or more prior drug offenses. But there will also be a path for treatment in lieu of punishment, and Savrnoch said the DA’s office will work with the Department of Behavioral Wellness, Probation, and the public defender to “establish protocols” for these referrals.  

“We will not be filing the new drug felony until we have more of the logistics and treatment options in place,” Savrnoch said. “We are going to take a cautious approach and not inundate the system.” 

The same slow approach — which is consistent with recommendations made by the California District Attorney’s Association — will be taken for petty theft crimes as well. Each case will be looked at individually to discern whether it warrants the more serious felony charge.

“We are not going to file every case that can be a felony as a felony,” Savrnoch said. “We will look at things like sophistication of the crimes, the age of the priors, the severity of the priors, prior performance on probation or parole, risk of re-offense and other factors to determine when the discretion to file a felony will be exercised.”