Prop 36 prioritizes drug treatment for repeat offenders as retail crime falls

Tuesday, August 12, 2025
FRESNO, Calif. (KFSN) -- Proposition 36, the new state law tied to a decrease in retail theft, also offers a path forward for repeat drug offenders.

"It takes people several times to quit once they get kind of trapped into the substance use," David Daniel at WestCare California said. "They need time to come through."

"We spend months sitting with a person, working with them, and figuring out what their needs are," he added. "And then, hopefully, returning them to society at a different place than when they came in, as opposed to just pure incarceration."

Proposition 36 empowers prosecutors to crack down on retail theft and also places a new emphasis on drug crimes.

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The law establishes a new court process prioritizing time in treatment over jail.



"It's obviously about accountability, but it's really about rehabilitation," District Attorney Lisa Smittcamp said during a recent interview.

Smittcamp and her prosecutors can now pursue "treatment-mandated felonies."

"It is about having that option if they don't get with the program and do what they need to do, which is stop the theft and get into treatment if they have a drug problem," she said.

RELATED: Prop 36 leads to nearly 300 felony charges in Fresno County, police chief shares stern warning

The latest data reviewed by Action News reveals that in seven months, county prosecutors have filed 48 treatment-mandated felonies. Three are undergoing drug treatment programs, and six more could soon be sentenced.



"It took 10 years for us to get to this disastrous position, and it's not going to be fixed in six months or a year, but we are definitely making strides every single day," Smittcamp said.

Opponents of Prop 36 worried it would force people into treatment and told voters programs might not always be needed or helpful.

"We always find that people come in," Daniel said. "Generally, people, if they know that you're here for them and to their benefit, then they always are receptive to our assistance."

With treatment-mandated sentences now being handed down, Valley officials are waiting to see how much state funding each county will get for these programs.

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