The Tulare County District Attorney’s Office says prosecutors have filed 678 Proposition 36-eligible cases since December 2024, with most drug defendants entering treatment and repeat theft offenders increasingly facing felony charges. (Tulare County DA)
- Tulare County prosecutors filed 678 Prop. 36 cases during the law’s first year implementation.
- More than half of eligible drug defendants entered treatment under Prop. 36 mandates statewide law.
- Repeat theft offenders increasingly face felony charges, with 30% of sentenced cases resulting prison terms.
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The Tulare County District Attorney’s Office has filed 678 cases eligible under Proposition 36 since the law took effect in December 2024, according to a first-year review released by the office.
“When Proposition 36 overwhelmingly 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.” — Tim Ward, Tulare County DA
California voters in all 58 counties approved Proposition 36 in the November 2024 general election, expanding treatment and punishment options for certain drug and theft crimes, as well as stiffening sentencing.
“When Proposition 36 overwhelmingly 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,” District Attorney Tim Ward said. “Voters should be confident that their district attorney’s office is doing everything within our power to enforce this law.”
55% of Defendants Enter Drug Treatment
Prop. 36 allows felony charges with mandated treatment for possession of hard narcotics, such as fentanyl, for individuals with two prior related convictions. Since implementation, prosecutors have filed 374 eligible drug cases. Of those, 55% of defendants entered drug treatment and diversion programs, 16% chose non-treatment options such as prison or jail, and 29% remain pending.
“One of the pinnacle arguments in favor of Proposition 36 is its emphasis on drug treatment options over incarceration,” Ward said, crediting Tulare County Health and Human Services for providing treatment services.
The district attorney’s office noted that Gov. Gavin Newsom’s proposed 2026–2027 budget does not include funding for treatment providers responsible for carrying out Prop. 36-mandated drug treatment.
The law also targets repeat theft offenders. Under Prop. 36, prosecutors may file felony charges for theft or shoplifting against individuals with two prior theft-related convictions. Since December 2024, prosecutors have filed felony charges in more than 300 such cases. Of those that have been sentenced, 30% resulted in state prison terms.
“Accountability for repeat thieves plaguing Tulare County businesses is a major tenant of the proposition,” Ward said. “Before, these crimes could only be filed as misdemeanors.”
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