San Francisco DA Jenkins to Detail Public Safety Shifts as City Reports Only One Prop 36 Treatment-Mandated Felony Filing

San Francisco District Attorney Brooke Jenkins is slated to discuss public safety and the implementation of California's Proposition 36, a ballot initiative aimed at increasing accountability for certain drug and theft crimes while emphasizing treatment for repeat drug offenders. The event, hosted by ConnectedSF Institute, is scheduled for September 24 at 6 PM at The BoxSF, 1073 Howard St., and will delve into the evolving focus on drug treatment versus incarceration under the new law.

Proposition 36, overwhelmingly approved by California voters in 2024, partially reverses elements of the 2014 Proposition 47, which had reduced penalties for various non-serious drug and property crimes. The new law allows for felony charges against individuals with two or more prior convictions for certain drug or theft offenses, notably introducing a "treatment-mandated felony" option where defendants can pursue substance use or mental health treatment in lieu of incarceration, with charges dismissed upon successful completion. This approach seeks to balance stricter penalties with rehabilitative opportunities.

Despite the statewide mandate for treatment, San Francisco has reported a notably low number of cases filed under Proposition 36's treatment-mandated felony provision. As of August 2025, the San Francisco District Attorney's office had filed only one such case, a figure significantly lower than other Bay Area counties. This limited application is partly attributed to the office's policy of only charging treatment-mandated felonies if the current offense occurred within five years of a prior conviction, a stricter guideline compared to some other jurisdictions.

District Attorney Jenkins has previously voiced support for Proposition 36 as a tool for accountability, particularly in addressing repeat offenses and retail theft. However, she has also acknowledged the challenges, including the lack of dedicated funding streams for treatment services within the proposition itself and the existing shortage of treatment beds. Jenkins' office utilizes the Community Justice Center to divert individuals struggling with addiction into treatment, especially those cited for public drug use.

Critics of Proposition 36 have raised concerns that the measure, by increasing potential incarceration costs without securing new funding for treatment, could strain existing behavioral health resources and potentially lead to more incarceration rather than expanded treatment. The varied implementation across California counties highlights ongoing debates among prosecutors, public defenders, and policymakers regarding the most effective strategies for addressing crime and addiction. The upcoming discussion with DA Jenkins is expected to provide further insight into San Francisco's specific strategies and challenges in navigating these new legal and public safety landscapes.