CSSA & California Storage Operators Fight Crime–And Legislation

Crime continues to plague self-storage facilities on a national level. While some in the industry may feel helpless when law and order doesn’t dish out justice, other self-storage operators, and even their tenants, are going toe-to-toe with criminals (read more here).

In California, which leads the nation in self-storage theft behind only Texas, business leaders think the best way to fight back is to push a new Proposal through the legislature that can be voted on come November.

The new proposal, Proposition 36 (the Homelessness Drug and Theft Reduction Act) was created in direct response to the Golden State’s Proposition 47, which was voted into law in 2014. “Prop 47 was sold to voters as a tough-on-crime measure,” explains Ross Hutchings, Executive Director of the California Self-Storage Association (CSSA). “But it was exactly the opposite.” 

Prop 47 reduced many non-violent crimes such as drug possession and property crimes valued at $950 or less to misdemeanors, and also allowed resentencing for people convicted of felonies for such offenses. This was meant to give these criminals equity, reduce jail overcrowding, and allow them to maintain employment, housing, and family ties so that they would be less likely to reoffend. However, the Department of Criminal Justice reports that there has been little change in recidivism, with many critics saying it has in fact led to an increase in retail theft and other crimes.

“People didn’t understand Prop 47, if they had I don’t think they’d have ever voted in favor of it,” states Hutchings. “If people knew that it was actually going to increase crime – that it was going to allow criminals to get off with a slap on the wrist and no jail time – it wouldn’t have passed.”

Continues Hutchings, “There’s also a snowball effect to it, because it discourages law enforcement too. If they arrest somebody, and that person's out before they can even get back to their beat, they’ve got to be thinking, ‘why am I even bothering?’”

Now, California voters in November will get the chance to decide whether to roll back this law by supporting Prop 36. If passed, this will return “petty theft” from misdemeanors to felonies and help deter first-time offenders and repeat offenders. You can read a full description of the proposition at the end of this story.

Fighting Crime and Legislation

To get Proposition on the ballot, a coalition called the Californians for Safer Communities was formed, which includes members of the California Self-Storage Association, California Business Roundtable, the Chamber of Commerce, and the Business Properties Association.

“The CEO of the California Business Roundtable actually came out to our CSSA Summit recently to help with our presentation,” recalls Hutchings. “He said the coalition highly values the self-storage industry because we've got boots on the ground in every community. We’re able to get the word out. So I was very honored to hear that.”

Many in the self-storage industry got to work gathering support in order to file a proposal with legislators. John La Raia, president of Caster Group/A1 Self Storage, is one member of the coalition who knows all about criminal activity in the industry. “Crime is a big issue for us and the local police departments can’t do much because of Prop 47 constraints,” he says.

La Raia worked closely with Hutchings and others in the coalition to get people on board with the new proposition. “We reached out to our extensive network of self-storage operators to encourage them to support Proposition 36,” says La Raia. “They were overwhelmingly in favor of it.”

But legislators weren’t being easily swayed. Despite the coalition repeatedly attending meetings, emailing legislators, and even having a sit down with the Governor’s Chief of Staff, there was push-back. Eventually, legislative leaders' provided a countermeasure, which the coalition found to be flawed; however, their follow-up attempts to negotiate it went ignored.

In an email, the coalition sent the following to the Governor’s office:

It is unfortunate that political leaders chose political gamesmanship over a sincere effort and engagement to solve California’s growing public safety crisis. Now is the time to get serious about addressing the smash-and-grab retail theft, fentanyl drug epidemic and the growing homelessness crisis in California. These problems must be addressed together with the holistic approach that our ballot measure was designed to provide. We can’t solve one problem without addressing the other.

The long-established deadline has come and gone for us to withdraw from the ballot. We secured the signatures of more than 900,000 Californians, and we are prepared to share the contrast between two visions for how to fix California’s public safety crisis if needed, and we are confident our solution will prevail this November. 

“[The coalition] didn’t pull any punches in their writing,” laughs Hutchins. “The good thing, in California, is that if you can’t get the legislature to do something and you have enough signatures, you can put it on a proposition and the people can vote again. We don't need the legislature to do it, so we’re going forward without them.”

Rocking The Vote

Although the proposal does not have a legislative stamp of approval, Hutchins and others in the coalition feel confident that Prop 37 will be met with voter favor. He acknowledges, however, that moving forward without the legislature’s buy-in can be a double-edged sword. “If they’re not in favor of that proposition, they'll call it something weird. And some people won’t bother to really read what it’s about, they just get hung up on the name. And so you have to be really careful about things.”

Continues Hutchings, “They may have had good intentions, but Prop 47 has been a failure. So, we’re just trying to roll back some of that stuff. Hopefully it will have some positive effects, cutting down on some of that crime that goes on in self-storage. I encourage other leaders in other states to take this approach if it’s necessary.”

Ultimately, says Hutchings, whether it passes or not, “I’m proud of the work we’ve all put into this.” 

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Brad Hadfield is the web manager and a news writer for MSM.

About the Homelessness Drug and Theft Reduction Act

This bi-partisan measure provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver. 

Addresses Organized and Serial Retail Theft 

Smash-and-grab robberies and retail theft are harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. 

• Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft-related convictions
• Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties
• Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more
   
  

Confronts the Fentanyl Crisis in Our Communities 

The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. This measure will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers. 

• Adds fentanyl to the list of hard drugs – such as heroin, cocaine, and methamphetamine – that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities 
• Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities
  
  

Prioritizes Mental Health and Drug Treatment 

Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. This measure provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse. 

• Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration 
• Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged

Further Reading:

Combatting Crime:

Operators & Tenants Fight Self-Storage Theft