What is Proposition 36?
“Proposal: This measure amends state law to (1) create a new court process for certain drug possession crimes, (2) require a warning of future criminal liability for people convicted of drug distribution, (3) increase penalties for certain drug crimes, and (4) increase penalties for certain theft crimes. Some of these changes would undo certain reductions in punishment enacted by Proposition 47.”
The courts are actively working to fit into this structured proposal. In Orange County, there is now a process that must be done for new drug and theft crimes. Hire a criminal defense attorney today to guide you through that process.
One of the new programs is called the Offender Treatment Program (OTP):
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A client may be offered OTP. There are several documents to be submitted to accept it. Clients are recommended to be there to expedite but they shouldn't be required. We may have to get forms notarized if 977. Once forms are signed and with the court, client has 30 days to enroll.
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Client must pay for and provide DNA ($75).
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Entering requires a guilty plea and waiving time for sentencing. This means there is a risk of possible jail time for failure to comply. If the client violates repeatedly, the offer will be likely revoked and the client would be sentenced in accordance with the terms of the guilty plea up front. If you are in OTP and your interests no longer align with the program, reach out to an experienced Orange County Criminal Defense Attorney to discuss your options.
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Client agrees to be evaluated and participate in a treatment program.
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Each program is tailored to the individual. It may require 4-6 months of monitoring with 2 days a week in programming for 6 hours. It may be more or less. Everything will be needs based.
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Medi-cal will cover expenses. Other insurance may or may not cover expenses.
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Once a proof of completion is offered, the case will end in a dismissal.
To understand Proposition 36, we can also reflect on Proposition 47 which in essence reduced many drug and theft crimes to misdemeanors. Proposition 36 has increased the punishments and makes them subject to being priors, which means increased punishments for repeat offenders.
Why did this law change?
Shoplifting has been at it’s highest since 1998 and commercial burglary has increased as well. “Smash and grab” situations have become very prevalent in the news. People are most concerned about theft and drug crimes.
https://www.ppic.org/blog/commercial-burglaries-fell-in-2023-but-shoplifting-continued-to-rise/
Reasons why this law was passed is due to the group of “prosecutors, law enforcement and large retailers who rallied in favor of Prop. 36.” They lobbied to Vote YES on Prop 36 because they believed previous “sentencing reforms went too far and created a revolving door for people to repeatedly commit crimes without being held accountable.”
https://calmatters.org/justice/2024/12/prop-36-new-california-laws/
Based on the statistics, shoplifting had a sharp decline during the pandemic and rose again back in 2022. What the legislature failed to consider is, these statistics are not a complete picture. Shoplifting may have gone down for other reasons such as limited staffing to find shoplifting, limited prosecution due to lowering jail population, opportunities for diversion.
https://www.ppic.org/blog/commercial-burglaries-fell-in-2023-but-shoplifting-continued-to-rise/
Even with all these possible correlated and causation issues, the state and the people found a need for change. The vote won by almost 6 million votes, the stats showing a 68.4% Yes and a measly 31.6% No.
“It’s a clear mandate from the public that we need to take a new approach on public safety issues, specifically hard drugs, retail theft and fentanyl,” said Jeff Reisig, Yolo County District Attorney.
https://calmatters.org/justice/2024/12/prop-36-new-california-laws/
With all these new changes in the law it is important to find an experience Orange County criminal defense attorney to help assist you in navigating the legal justice system.