The Tulare County District Attorney’s Office has filed approximately 678 Proposition 36 eligible cases since the law went into effect in December 2024. In the November 2024 general election, California voters in all 58 counties approved the new law increasing treatment and punishment options for drug and theft crimes.
“When Proposition 36 overwhelming was approved by Californians, I directed prosecutors and staff to use all available resources to carry out the implementation of the law in Tulare County,” said Tulare County District Attorney Tim Ward. “The results have been positive, and voters should be confident that their district attorney’s office is doing everything within our power to enforce this law.”
Proposition 36 imposes stricter penalties and mandated treatment felony charges for possession of hard narcotics, like fentanyl, for those with two prior related convictions. Since the proposition’s implementation, prosecutors have filed 374 eligible drug cases. Of those, 55% of defendants entered drug treatment and diversion programs, 16% chose non-treatment options like prison or jail, and 29% of defendants are pending resolutions.
“One of the pinnacle arguments in favor of Proposition 36 is its emphasis on drug treatment options over incarceration. A majority of those subject to the law are indeed getting a chance, and much credit should go to Tulare County Health and Human Services for providing treatment,” continued Ward.
Currently, Governor Newsom’s proposed 2026-2027 budget does not provide funding to treatment providers tasked with implementing Proposition 36 mandated drug treatments.
The second component of the new law was designed to address chronic thieves who plague our communities.
Under Proposition 36, prosecutors can file felony charges for theft and shoplifting against perpetrators with two prior theft-related convictions. Since December 2024, prosecutors filed felony charges in just over 300 cases. Of those cases which have been sentenced, 30% have been sent to state prison.
“Accountability for repeat thieves plaguing Tulare County businesses is a major tenant of the proposition. Before, these crimes could only be filed as misdemeanors. We’ve locked that revolving door and the message should be quite clear: if you are a thief, stay out of Tulare County,” concluded Ward.