Police reject DA Harris' plan to prosecute drug dealers on third offense

As San Francisco's district attorney, Vice President Kamala Harris advocated for a lenient third-strike crime policy for drug dealers, which was quickly rejected by law enforcement due to its perceived leniency towards narcotics peddlers.

Harris served as San Francisco's DA from 2004 to 2011 and was later elected attorney general of California. In her second year as DA, Harris proposed a drug enforcement policy known as "Operation Safe Streets." Under this proposal, police in the city would have detained and released drug dealers two times before finally charging them upon their third arrest.

The San Francisco Police Department declined to participate in the plan, stating in a letter to Harris that it would likely enable criminals to return to the streets and reoffend promptly after being held.

In 2005, then-Police Chief Heather Fong wrote to Harris stating that the proposal suggests detaining and releasing narcotics sales suspects under Penal Code Section 849(b) P.C., rather than arresting them. If the same suspect is arrested for narcotics sales for the third time, your office will charge all three counts.

"Fong contended that the proposal would create a double standard, with adults being released while juveniles would be detained. Furthermore, narcotics dealers who sell drugs near schools would be released after a brief detention. This, he argued, would send the wrong message to children who regularly witness drug dealing activity."

In a letter to Harris, Fong stated that although the left-wing city was compassionate towards those struggling with drug addiction, the police department and community did not highly respect drug dealers.

Fong wrote that the San Francisco Police Department supports treatment programs for those who want to quit their addiction cycle, but the community and the Police Department do not sympathize with those who sell narcotics and profit off the weakness of others.

"Since we believe drug dealers should be held accountable for their actions, we believe the public would not view a ‘detain and release’ program favorably."

Harris was informed by Fong that the department would not take part in the proposal.

"We have decided not to participate in this program after weighing the advantages and disadvantages of the proposal. Instead, we propose a program where a suspect who has been arrested three times for narcotics sales without being rebooked be grouped together for a District Attorney warrant. Under this program, the evidence against a defendant would be tripled, and the cases would have more jury appeal."

In 2006, The Daily Journal reported that the chief of the criminal division in the DA's office agreed to take the risk of negative media coverage and proceed with the plan, despite Fong's concerns.

According to the outlet, then-Criminal Division Chief Jeff Ross wrote that San Francisco has media outlets that may view this program as too tough on narcotics offenders because more dealers will end up in prison as a result of this approach.

"It is certain that we should implement effective enforcement methods regardless of potential media coverage."

The proposal ultimately failed and did not go into effect.

In the current election cycle, critics in California have revived Vice President Harris' 2005 plan, arguing that her tough prosecutor image is distorting history.

As a prosecutor in Alameda County, San Francisco, and as the attorney general of the state, Harris has a strong record on law and order, which she is highlighting in campaign ads.

The narrator for a pro-Harris ad last month stated that as a tough prosecutor, Kamala Harris frequently dealt with individuals like Trump, including rapists, con artists, frauds, and criminals, and was accustomed to putting them in their place.

The Daily Mail reported that law enforcement and Republicans in the state responded to such ads.

"The campaign aims to completely transform reality," said Republican California Rep. Kevin Kiley. "We, who have experienced California, particularly in San Francisco and Los Angeles, know the truth."

"She was a champion of San Francisco's sanctuary city policy and advocated for drug dealers to go without prosecution until the third attempt. In her own book, she identified as a progressive prosecutor."

In 2005, when Harris put forth the drug dealer proposal, Kevin Cashman, who was then deputy chief of the San Francisco Police Department, stated that police officers were taken aback by the suggestions.

He informed the Daily Mail that it was clear immediately that it wouldn't be effective for our mission of ensuring San Francisco's safety.

"The police department dubbed the strategy recommended by the District Attorney as "Catch and Release," as we would have to apprehend, identify, and then release the suspects back into the community without any legal consequences."

The Harris campaign did not respond to Planet Chronicle Digital's inquiry about the 2005 proposal before the deadline.

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