☆ Wolf and Smith: Why they’re so thumbs-up on the promises of Prop 36 (3/4)
Image by Elvert Barnes
Recovery Education Coalition's Tom Wolf and SJ D3 Council candidate Irene Smith predict big results from Proposition 36 (reinstating felony charges for certain property crimes and sometimes mandating drug treatment)—if, you know, our DAs decide to enforce it. More below, in part 3 of an Opp Now exclusive.
Opportunity Now: Let's talk about Proposition 36, overwhelmingly supported by over two-thirds of CA voters in November. How much of an impact do you expect Prop 36 to have on local homelessness?
Tom Wolf: So if I could get up and do my Prop 36 victory dance right now, I would. I was part of the leadership group that helped Prop 36 pass. So was Mayor Mahan. It's funny: this past election, we saw a break in the Democratic Party lines on this one in California. Quite a few state senators, assemblymen, mayors, and city councilmen went rogue on this and supported Prop 36.
Let me explain why I think Prop 36 is so significant. After Johnson v. Grants Pass was passed by the Supreme Court (and cities could resume doing homeless sweeps again), San Francisco swept Willow Alley—a hotspot of homelessness, drugs, overdoses, and sexual assault. They found that 25% of the 80 people they encountered had an open bench warrant in SF or another county. So the encampment wasn't just a bunch of people down on their luck. 25% of the people in that alley were absconding from law enforcement.
Having Proposition 36 in place brings back an element of accountability. Some people on the street need that—require law enforcement to be a part of their solution.
ON: What about residents' concern that Prop 36 won't actually get enforced by local DAs? Is this a valid worry?
Irene Smith: I’ll tell the story of a woman I met a couple years ago while door-knocking. I asked, “What's this car out in front of your house?” And she said, “Oh, that's my son.” The car was surrounded by tires on all sides, and cardboard was built up on top.
Turns out, her son was an attorney but started doing drugs, his life fell apart, and he ended up setting his room on fire. I tried telling her about the services the county offers. And her response (and desperation) saddened me: “Oh, I just really hope he gets into Elmwood Correctional Facility.” The mom wished her son could go to jail because there was no alternative for him. No place to go. Now with CARE Court, he can get the help he needs and will not be subject to Prop 36 prosecution.
In terms of Prop 36 in San Jose and Santa Clara County, we have a District Attorney who's on the fence about prosecuting to the fullest extent. Though we have police officers who plan on implementing Prop 36, it's really going to be in the DA's hands as to whether things get prosecuted. So we're waiting to see how it plays out in Santa Clara County.
TW: For me, I think every county (and, yes, our governor) is going to capitulate and start enforcing this. Even DA Brooke Jenkins in San Francisco, who didn't publicly support Prop 36, is now charging people under its statutes.
Tom Wolf, formerly homeless and in recovery from heroin and fentanyl addiction, is an outspoken advocate—and sometimes critic—about California's policies that have impacted homelessness. He also co-founded the California Peace Coalition and founded the Recovery Education Coalition.
Irene Smith—D3 Council candidate and head of Independent Leadership Group—has lived in downtown San Jose for 35 years and observed the worsening homelessness crisis since 2016. She is also a pro tem judge for Santa Clara County and has been a housing provider for 35 years.
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