Stanislaus County DA’s Office debated early enforcement of Prop 36. Here’s what was sought
Proposition 36, which increases sentencing for certain drug and theft offenses, clearly is on its way to passage, with 69% of California voters supporting it, according to the Nov. 12 report by the Secretary of State. It won’t go into effect, however, until five days after the Secretary of State certifies the vote, which could be as late as mid-December.
But at least one prosecutor in the Stanislaus County District Attorney’s Office had intended to start applying the new law right away.
The day after the election, Deputy District Attorney Patrick Hogan said that, hypothetically, a person arrested at 12:01 a.m. Nov. 6 could be subject to the stiffer penalties of Prop. 36.
But not everyone agreed.
Stanislaus County Public Defender Jennifer Jennison questioned the legality of enforcing the new law before the state certifies the election. “In court yesterday, the DAs were trying to say it was already in effect,” Jennison said Thursday. “Of course, it wasn’t. They’re wrong, and it does go into effect five days after certification.”
Hogan walked back his statements, and the DA’s Office released a statement Friday that local policy affected by Prop. 36 would be implemented Dec. 18.
“Proposition 36 was overwhelmingly passed by Stanislaus County voters this Tuesday,” reads the statement by DA Jeff Laugero. It notes his support of the proposition and says his office “will implement the new law as soon as possible.”
Hogan expressed the same commitment as his boss, telling The Bee, “There’s no doubt that the will of the voters, both in the state and especially in our county, points to strong prosecutions for these offenders. And it’s something that we plan to follow through on, we’re already working on that.”
The latest election results for Stanislaus County, released Thursday evening, show Proposition 36 has even higher support here — 76.8% — than statewide. But counting continues, with over 69,000 ballots yet to be tallied, according to the county registrar.
What will Prop 36 change about local drug laws?
A new code section will be added so that those who’ve been arrested multiple times for drug offenses can be sent to state prison.
The new charge, Health and Safety Code 11395, applies to those with two or more prior convictions for either felony or misdemeanor possession of a hard drug.
Treatment options have to be considered by a court first. If someone is sentenced to treatment and completes it, there would be “no technical conviction.”
However, if treatment is refused, and the person is arrested again, he or she would face a felony charge. If arrested again after the felony charge, the offender is eligible to be sent to state prison.
“We wanted to give the judges... a hammer to be able to take hard-core drug users and actually say, ‘Listen, if you don’t get serious about treatment options, then there are going to be negative consequences for you,’” Hogan said.
Fentanyl would be added to the list of drugs a person cannot possess while also possessing a loaded firearm. The list already includes meth, heroin, cocaine and crack.
If drugs are found on a person who is armed, the offender would be eligible for a state prison enhancement.
There’s also a kilo/ounce enhancement for charges related to drug sales charges. A kilo for drugs such as meth, heroin and cocaine will have a state prison enhancement, as will an ounce of fentanyl for sale.
A new health and safety code section would add “Alexandra’s Law” to the books. The law is named after Alexandra Capelouto, who died of a fentanyl overdose in Riverside County.
According to a DA’s Office memo, versions of Alexandra’s Law have been introduced but have been repeatedly shut down by the Legislature.
The proposed law requires that suspects arrested on suspicion of narcotics possession or intent to sell will be read the following:
“If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.”
This story was originally published November 12, 2024 at 11:52 AM.
