San Bernardino County DA outlines how Proposition 36 changes theft and drug prosecutions

Douglas Klosin, supervising deputy district attorney for the Morongo Basin, told the Twentynine Palms City Council on Feb. 11 that Proposition 36 — a voter-approved change to California law — expands prosecutors' ability to charge repeat or organized petty thieves with felony theft and increases penalties for certain fentanyl offenses.

Klosin said Proposition 36 allows prosecutors to aggregate multiple petty-theft incidents by the same actor across stores and counties so that the total value can reach the grand-theft threshold. “Now we can add them up,” Klosin said, explaining that multiple small shoplifting incidents that individually fell below the $950 grand-theft threshold can be combined in reports and charged together.

Why it matters: Klosin said the change targets serial shoplifting and coordinated "smash-and-grab" tactics that previously produced only misdemeanor counts, and he urged local businesses and residents to report thefts and provide dollar-value estimates and any video evidence so deputies can document incidents for prosecution.

Key provisions Klosin described

- Aggregation of petty thefts: Officers may include several petty-theft incidents by the same person (or across jurisdictions, where statutory requirements are met) to reach the $950 threshold for grand theft, Klosin said. He asked merchants and victims to provide value estimates and any surveillance footage.

- Petty-theft priors: Klosin said a person convicted of petty theft who has two or more prior theft convictions can now be charged with a felony if arrested again for theft. He emphasized prosecutorial discretion, noting not every past conviction will trigger felony charging.

- Acts in concert enhancement: Klosin described enhancements for groups of three or more who act in concert to commit theft or vandalism, citing longer potential state-prison exposure intended to deter organized theft crews.

- Drug-law changes: Klosin said the law adds fentanyl to certain offense provisions and raises prison exposure for possession or sales involving specified fentanyl amounts. He cited a sentencing range for possession or sale involving about 28.5 grams of fentanyl-containing substances, saying the change can add “3 years all the way up to 25 years” in state prison for the most serious cases. He also described a “great bodily injury” enhancement for dealers whose product causes serious harm to a user.

Treatment and diversion: Klosin described a treatment-mandated plea option under a statutory provision he referenced (discussed in the meeting as "11395") that allows eligible defendants to choose an approved treatment program, delay sentencing, and — if they complete the program — have the case dismissed and expunged. “If they follow the program, this is what they get. The case is completely dismissed, expunged from their record, as if it never even happened,” Klosin said.

Council and public questions

Councilmembers asked whether the changes apply to juveniles (Klosin: “No. This is for adult offenders”) and about who pays for treatment (Klosin: the court/county-run programs are taxpayer funded; private insurance can be used if available). Sheriff’s Office training was discussed: Captain Wirk (San Bernardino County Sheriff’s Department, Morongo Basin station) said deputies receive crisis-intervention training and that the department brings in medical and mental-health subject-matter experts for that training.

Public commenters and local officials asked how businesses and residents should report incidents. Klosin and Sheriff’s representatives said deputies will ask for itemized dollar values, descriptions, and any video evidence so theft totals and prior convictions can be documented in reports and reviewed by the district attorney’s office.

Clarifying details recorded from the meeting

- Grand-theft threshold discussed: $950 (transcript discussion). - Aggregation: multiple petty thefts from different stores/counties can be added where statutory criteria are met. - Fentanyl weight cited as a sentencing trigger: about 28.5 grams (Klosin stated a 28.5-gram threshold for higher penalties). - Treatment option: court-run treatment courts at the Joshua Tree Courthouse were cited as available; programs are taxpayer funded.

What the presentation did not decide

The City Council received the briefing and asked clarifying questions; no ordinance or local enforcement change was adopted by the council during the meeting. Klosin said the district attorney’s office will review reports and exercise prosecutorial discretion when charging cases under the new law.

Ending: Klosin invited business owners and residents to report thefts and to contact the district attorney’s office with questions; councilmembers thanked him for the briefing.