“This proposal asks us not to arrest, but instead detain and release observed narcotics sales suspects pursuant to Penal Code Section 849(b) P.C. When the same suspect is arrested the third time for narcotics sales, your office would then charge all three counts,” wrote Heather Fong, who served as police chief until 2009.
The revelation comes as Harris attempts to campaign as a tough-on-crime, law-and-order prosecutor, touting her past record and
describing herself as someone who “took on perpetrators of all kinds — predators who abused women, fraudsters who ripped off consumers, cheaters who broke the rules for their own gain.”
But back in 2005, the police chief warned Harris that her proposed policy would allow narcotics sellers to immediately be released back onto the streets without consequences, encourage dealers to come to San Francisco, potentially increase violent crime in the city, and result in a double standard, “as adults would be released while juveniles would be booked.”
“Additionally, narcotics dealers who sell drugs near a school would be released after only a brief detention,” Fong continued, noting, “Undoubtedly, this would send the wrong message to observant children who unfortunately witness drug dealing activity on a regular basis.”
The chief also warned that the public would not view a “detain and release” program favorably, since neither the community nor the police department are sympathetic to drug dealers who “exploit for profit the weakness of others.” She also noted that it would be bad for officer morale and “counter to what every officer is taught.”