On April 28, 2025, the West Hollywood Public Safety Commission received a presentation from the Los Angeles County District Attorney’s Office on California’s Proposition 36, a voter-approved measure addressing homelessness, drug addiction, and theft. Special Assistant Michele Hanisee detailed reforms to Proposition 47, new penalties for repeat offenders, and efforts to curb fentanyl-related deaths, prompting questions from commissioners and a public comment on implementation challenges. The commission invited input but took no action.
Proposition 36 aims to reform laws exacerbating social issues. “It is called the homelessness, drug addiction, and theft reduction act, and it went into effect on December 18th of 2024,” Hanisee stated. The measure responds to impacts like locked merchandise in stores and smash-and-grab robberies by enhancing judicial flexibility.
Proposition 36 addresses unintended consequences of Proposition 47, passed in 2014, which reduced shoplifting and drug possession to misdemeanors, limiting police arrests. “Police officers can typically only make an arrest for a misdemeanor committed in their presence,” Hanisee explained. Retailers often let thieves walk away, as “they stopped calling the police because they learned that the police couldn’t do anything,” Hanisee said.
The measure introduces “wobbler” offenses, chargeable as felonies or misdemeanors. Health and Safety Code Section 11395 permits felony charges for possessing hard drugs like fentanyl or heroin with two prior adult convictions, enabling arrests. Offenders are offered drug treatment, with probation or prison if treatment fails. “The real goal here is to get people away from the drug addiction,” Hanisee emphasized. Penal Code Section 666.1 allows felony theft charges with two prior adult convictions within five years, targeting repeat offenders. Hanisee noted, “The DA wanted to focus on the 10% of offenders that are really 80% of the problem.”
New provisions target fentanyl, with Health and Safety Code Section 11370.1 adding time for armed possession and Penal Code Section 12022.7 enhancing sentences for deaths or injuries from fentanyl sales. Alexandra’s Law, named for Alexandra Capelouto, warns drug dealers of potential murder charges for future fatal sales. Weight enhancements for fentanyl possession range from three to 25 years, with 80 kilograms enough to “kill everyone in the state of California,” Hanisee stated. Penal Code Section 490.3 allows aggregating theft losses across stores to meet the $950 felony threshold, while Penal Code Section 1202.65 adds one to three years for smash-and-grab robberies involving three or more people and property damage.
Since December 18, 2024, the LA County DA’s Office, led by Nathan Hochman, charged 64 misdemeanor and 361 felony drug offenses under Section 11395, and 91 misdemeanor and 818 felony theft offenses under Section 666.1. Commissioner Bill Harrison asked about diversion, with Hanisee estimating two dozen drug and theft cases entered programs in the first 90 days. Commissioner GeorgeNickle linked diversion to homelessness, citing a study showing post-Proposition 47 homelessness increases.
Commissioners raised implementation concerns. Brandon Blau questioned zero-cash bail’s impact, learning jail capacity, worsened by Men’s Central Jail’s closure, limits pretrial detention. Kelly Pilarski sought details on drug treatment, with Hanisee explaining attorney-coordinated programs via Medi-Cal or insurance. Catherine Eng emphasized housing as a root cause of homelessness, expressing concern about treatment accessibility.
Resident Victor Omelczenko urged increased funding for mental health and drug treatment to support Proposition 36’s diversion goals. “It’s the other side of the box, the drug treatment, the mental health,” he said, advocating for collaboration with county officials.
Like I told the DA liason and confirmed with her, Proposition 36 only targets homeless and poor people. When I noticed on the first slide it said “…reform homelessness…” at the Eastside Neighborhood Watch meeting, she said it doesn’t.
So she lied. This was never about how to positively effect peoples’ lives, just “how do we get more poor people in jail” or “how can we force poor people to say take plea deals for further prosecution?”