Months after California voters overwhelmingly approved Proposition 36 to strengthen criminal penalties for drug and theft crimes, reversing a decade of decriminalization, a new report from a top California think tank shows a surprising chasm between two major Central Valley counties and how they are pursuing cases.
Local prosecutors, however, are countering that the data doesn’t capture the full picture of their work since Prop. 36 was approved.
Driving the news: Last year California voters overwhelmingly passed Proposition 36 to increase penalties for certain drug and theft crimes.
- It was a statewide rebuke of 2014’s Proposition 47, which was a driving force behind the smash and grab crimes that hit the state over the past decade.
- Proposition 36 made it a felony for repeat shoplifters who have at least two prior convictions who steal items totalling up to $950 in value.
By the numbers: The California Judicial Council of the courts conducted a survey from Feb. 14 to Feb. 28 detailing the number of Proposition 36 cases that were filed.
- The survey reported around 1,500 theft cases and 1,900 drug cases were filed under Proposition 36 in the period. The PPIC estimates that 10-15% of all felony cases filed in a month are now Proposition 36 cases.
- Kern County led the entire state with 24 felony Proposition 36 filings per 100,000 residents, followed by Orange County at 19.
- A surprising revelation was Fresno County tied with San Francisco at 2 cases per 100,000 people.
Why is Fresno low: Three-quarters of Fresno County voters supported Proposition 36 last November, with Fresno County District Attorney Lisa Smittcamp among the most visible backers.
- The Fresno County District Attorney’s Office told The Sun that the PPIC report does not reflect the current state of the county’s efforts to utilize Proposition 36, noting that it was collected two months ago.
- As of Monday, the Fresno County District Attorney’s Office filed 136 Proposition 36 cases – which comprises 22 drug cases and 114 theft cases.
- Based on Fresno’s own up-to-date statistics, their case rate represents 13.6 cases per 100,000 people – which would place it above counties with greater populace, including Alameda, Sacramento, San Diego, and Los Angeles.
What they’re saying: The District Attorney’s Office said in a statement to The Sun that implementation timelines can vary across counties based on local training, coordination and filing practices.
- “Filing numbers alone do not tell the full story. Our office is fully committed to implementing Prop 36 thoughtfully and effectively,” the office said. “We are working closely with our law enforcement partners to train and align on the proper application of the law to ensure consistent and appropriate filings. This is a strategic and responsible approach, not a reflection of staffing or resource issues.”
- The District Attorney’s Office said it remains dedicated to prosecuting the cases to the fullest extent of the law and to upholding public safety in Fresno County.
- “District Attorney Smittcamp has proactively met with police chiefs from across Fresno County to discuss the appropriate implementation of Prop 36,” the office said. “Our office remains committed to doing everything we can to hold offenders accountable and to keep our community safe.”
