33 Cases Filed Under Proposition 36 in First Month Since Enactment

By Redacción
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This new legislation introduces two felony offenses aimed at addressing repeat drug and theft crimes: Health and Safety Code section 11395 and Penal Code section 666.1.

So far, 21 cases have been filed under Health and Safety Code section 11395, which targets individuals found in possession of hard drugs like fentanyl, heroin, or methamphetamine, with at least two prior drug-related convictions.

• One defendant, with nine previous drug convictions, was stopped for trespassing and found carrying fentanyl and methamphetamine.

• Another was arrested while allegedly striking a business’s front door with a metal object at 1 a.m. This individual had eight prior theft convictions, three strike offenses, and multiple parole violations.

Eligible offenders charged under section 11395 can participate in court-mandated drug treatment programs instead of facing jail time. Successful completion may result in charges being dismissed. Five of the 21 defendants have already requested evaluation for the new drug diversion program.

In addition, 12 cases have been filed under Penal Code section 666.1, which addresses petty theft or shoplifting by individuals with at least two prior theft convictions.

• One defendant, with 15 misdemeanor theft convictions and five drug convictions, has been charged under this new law.

• Another individual, with a criminal history spanning five states, including five theft convictions and two open theft cases, also faces charges under section 666.1.

Before Proposition 36, these offenses would likely have been classified as misdemeanors.

“The habitual lawlessness of these offenders endangers our communities,” said District Attorney Nasarenko. “Proposition 36 allows us to strike a balance between accountability, drug treatment, and the voters’ intentions.”

During the same month, the Ventura County District Attorney’s Office filed 1,327 cases, with Proposition 36 cases making up approximately 2.5% of the total. The office remains committed to implementing these new laws to enhance public safety and will provide regular updates on the impact of Proposition 36.