California Proposition 36 passes: Here's how it will impact the community

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FRESNO COUNTY, Calif. (KFSN) -- California voters overwhelmingly passed Proposition 36 connected Tuesday.

The instrumentality volition reclassify immoderate misdemeanor theft and cause crimes arsenic felonies, creating a caller class of transgression called 'treatment-mandated felony.'

Those who are charged and convicted could spell into attraction alternatively of prison.

"We volition beryllium capable to aft the 3rd clip that they are caught with drugs aft 2 convictions record a felony and mandate them to cause attraction which volition assistance them, their families and the assemblage tremendously," Fresno County District Attorney Lisa Smittcamp explained.

The caller instrumentality rolls backmost Proposition 47, which was passed successful 2014.

It's been wide blamed for accrued retail thefts crossed the authorities similar a smash-and-grab robbery astatine DripOnDrip successful North Fresno past year.

Smittcamp says Prop 36 aims to deter those types of crimes.

"For radical who are consecutive thugs and stealing things due to the fact that it's convenient and casual and acceptable, past those radical are the radical we are truly going to ore connected to say, 'No more. We gave you 2 passes, 2 slaps connected the wrist and present you're going to get a felony,'" Smittcamp said.

Tulare County District Attorney Tim Ward released a connection that reads, successful part:

"In Tulare County, the fig of petty thieves who person 3 oregon much anterior transgression offenses is up 371% from earlier the implementation of Proposition 47. In addition, 82% of petty theft offenders already person a erstwhile and unfastened pending lawsuit trailing successful court. This caller instrumentality should nonstop a connection to these kinds of criminals successful our region that my bureau volition usage each instrumentality fixed to america to clasp them accountable."

Prop 36 volition besides person stiffer penalties for those trafficking fentanyl, including accrued clip down bars.

"The menace of jailhouse sometimes is what stops radical from this behavior," Smittcamp said.

"The menace of jailhouse is what sometimes catapults radical into cause treatment."

UC Merced Political Science Professor Nate Monroe says critics of prop 36 whitethorn spot the instrumentality arsenic an over-prosecution wherever the punishment whitethorn beryllium excessively harsh for the transgression itself.

"A effect of that is we we packed prisons, and we put, you know, a batch of radical had a batch of radical incarcerated for a truly agelong time," Monroe explained.

"That created a batch of unit and a batch of economic, you know, concern successful that."

Proposition 36 volition spell into effect nary aboriginal than December 18th and Smittcamp says the afloat interaction volition instrumentality clip to see.

"This isn't the reply to transgression behaviors and patterns successful California, but this is the archetypal step," Smittcamp said.

California Governor Gavin Newsom had tried to support this proposition from passing.

In a connection sent to Action News, Newsom explained his concerns astir the Prop 36, writing:

"Even earlier this inaugural passed, my bureau and the Legislature importantly strengthened the penalties for retail theft. My biggest interest with Proposition 36 has been the regressive cause argumentation written into this initiative. With its passage, section officials successful California present person the hard task of sorting done a caller mandate for cause attraction that really reduces section backing for those programs. I don't envy their work. We're examining the interaction of Proposition 36 to spot if the authorities needs to hold its planned closure of prisons successful California. As the LAO has said, we'll request to marque abstraction for thousands of caller inmates convicted of possessing drugs - and that's going to outgo taxpayers, apt astatine the disbursal of different programs."

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