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Sacramento officials outline Prop 36 rollout, emphasizing treatment, enforcement and data needs

2391301 · February 25, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

City and county officials held a public workshop on implementing Proposition 36, describing early enforcement steps, gaps in treatment capacity, impacts on small businesses and plans for coordinated operations and reporting.

A panel of city and county leaders on Wednesday outlined how Sacramento will implement Proposition 36, a voter-approved measure that increases penalties for some theft and drug offenses while expanding opportunities for treatment.

The discussion brought together Sacramento Police Chief Kathy Lester, Sacramento County District Attorney Tin Ho, a county behavioral health manager and small-business and community reentry representatives to describe early operational steps, the size of the public-safety challenge and next steps for data and community outreach.

The measure, which took effect Dec. 18, changes charging and sentencing rules for some drug and theft offenses and creates new pathways for diversion and treatment. "I think this is a huge win for our community and for law enforcement," Chief Kathy Lester said, adding that the department has created quick-reference cards and training materials for patrol officers to apply the new law in the field.

Nut graf: Officials said the initial months of implementation focus on ensuring officers and prosecutors can apply the new law correctly, expanding targeted enforcement of prolific offenders and connecting eligible people to treatment, while acknowledging capacity constraints in jail processing and treatment beds that could limit short-term results.

Chief Lester described internal training and operational changes for the Sacramento Police Department, including a 10-page legal update and a condensed field reference for officers. She said the department has assigned a detective and a sergeant to organized retail crime (ORC) cases and will coordinate regional ORC activity with the California Highway Patrol and local retailers.

"We started with this, then we actually even distilled it down further to create a quick reference card and quick reference sheet for officers that are in the field," Lester said. She warned staff reductions and long jail booking times limit immediate capacity: "Right now we're currently sitting on 172 vacancies: 82 sworn officers and 90 professional staff positions."

District Attorney Tin Ho described how his office is applying discretion in charging and using Prop 36 as a tool for both accountability and treatment. He said his office has charged 12 people with murder for selling fentanyl and reported more than 400 fentanyl deaths in Sacramento County in the prior year. "At the core of Proposition 36, it's about mass treatment and not mass incarceration," Tin Ho said, and added he instituted a 10-year washout for prior convictions when deciding felony eligibility.

Tin Ho said his office has pursued theft and narcotics cases under the new law while using diversion when thefts are tied to "personal sustenance." He also described a plan for joint operations with law enforcement partners in the next 30 to 45 days to prioritize cases that fit the new felony thresholds.

County behavioral health staff described how diversion referrals will be screened and linked to services. Nicole Cable, Health Program Manager for Sacramento County Behavioral Health, said the county is performing screenings and creating level-of-care recommendations for both mental health and substance use treatment and expects an increase in misdemeanor referrals for diversion. "We are currently already providing services or assessment and linkage to those individuals who are being considered for mental health diversion," Cable said.

Small-business owners and community groups told council members they support enforcement and treatment but seek clearer reporting guidance and faster investigative follow-up. Joel Hochman, owner of Pucci Pharmacy, said his stores have been repeated burglary targets: "We have been burglarized at least 25 times," he said, and described coordination he has observed among some offenders.

Community advocates urged investment in prevention, reentry and credible-messenger services. Joseph Osorio of the Anti-Recidivism Coalition said the organization was not for Prop 36 but wants to help implement treatment and reentry options: "We're the boots on the ground," he said, and offered services for mentorship, transitional housing and therapy.

Council members asked about staffing, data collection and timelines for follow-up reporting. Several members asked staff to return with regular updates; councilmember Jennings suggested six-month or annual reviews to track outcomes. Chief Lester and Tin Ho said they will track data but noted some outcome measures will depend on the courts and county treatment providers.

Officials also outlined short-term operational directions: the police department will buy an upgraded online reporting system; detectives assigned to ORC will take prioritized cases; county behavioral health will expand capacity for in-custody assessments and outpatient referrals; and the district attorney's office will apply the 10-year washout and warned-first-offense misdemeanor approach for possession cases.

Ending: Officials described the session as an initial implementation workshop rather than a final policy decision. No votes were taken; council members said they expect continued briefings and asked that the city, county and law enforcement provide periodic public reports on enforcement outcomes, treatment capacity and demographic data.