San Jose Mayor Matt Mahan, along with Sacramento District Attorney Thien Ho and Elk Grove Mayor Bobbie Singh-Allen, have formed a campaign committee in an effort to garner support for Proposition 36, a public safety ballot measure aimed at addressing the issue of repeat drug and retail theft offenders. The initiative, which has faced criticism from some Democratic leaders, has been met with opposition due to its perceived punitive nature and its funding by big-box retailers.

Mahan expressed concerns about the politicization of the issue, stating, "This issue has become partisan and controversial, which isn't at the local level, and is why we've come together as a committee." The coalition aims to shift the focus back onto policy matters, emphasizing that Prop 36 represents incremental reform addressing unintended consequences of Prop 47, which reclassified certain theft crimes as misdemeanors.

Under Proposition 36, prosecutors would regain the authority to charge repeat theft offenders with felony charges, aiming to deter persistent criminal behavior. The measure has garnered significant backing from major corporations and big box retailers such as Walmart, Target, and Home Depot, who have collectively contributed millions in support.

Since last year, California has allocated substantial funds, totaling hundreds of millions of dollars, towards combating retail theft through grants for law enforcement agencies and prosecutors' offices. San Jose, as part of its grant application, received $8.5 million to enhance patrols, investigative resources, and automated license plate readers.

While state legislators have proposed bills to increase penalties for certain retail offenses, Mahan believes that these measures alone are insufficient to counteract the consequences of Prop 47. He emphasized, "We have seen that for petty theft it's being treated as a misdemeanor and a paper citation doesn't mean a whole lot to some of these people." Mahan advocates for reasserting societal expectations that persistent theft and drug use in public spaces will not be tolerated.

Proposition 36 also takes a stricter stance on certain drug crimes, including fentanyl, and enables prosecutors to charge some cases as felonies mandated for treatment. This provision would allow greater judicial discretion in permitting individuals charged with drug possession to opt for treatment instead of incarceration, aiming to address untreated addiction issues that have been exacerbated by the prevalence of potent substances like fentanyl.

Critics, including Governor Gavin Newsom, have raised concerns about Prop 36, labeling it "drug policy reform" that could potentially increase prison populations significantly, leading to substantial costs for taxpayers. Newsom questioned how the state would fund these additional costs, given the Legislative Analyst's Office's estimation of hundreds of millions of dollars in annual impacts.

However, Mahan disagreed with Newsom's assessment, asserting that the state's current efforts do not adequately address untreated addiction issues, which have become increasingly challenging due to the rise of highly addictive substances like fentanyl. He emphasized, "What little the state has done doesn't address untreated addiction, which has become more difficult to combat."

As the debate surrounding Proposition 36 continues, the coalition formed by Mahan, Ho, and Singh-Allen seeks to garner broader support for the measure, emphasizing its potential to address pressing public safety concerns while ensuring accountability for repeat offenders.