BAKERSFIELD, Calif. (KERO) — It's been one year since California passed Proposition 36, letting nonviolent drug and low-level theft offenders choose rehabilitation over prison time. Downtown Bakersfield has battled crime for years — tonight, I'm speaking with residents to find out if they've actually seen a difference."
Proposition 36 delivers tougher consequences for select drug and theft crimes. What once carried only misdemeanor charges — even for repeat offenders — can now be prosecuted as felonies. Offenders, in limited cases, may opt for treatment instead of prison, but only if the court grants permission.
Nicholas Roth Deputy Public Defender with Kern County said "I am very concerned that increasing the jail time and penalties for folks who are facing simple possession charges and nothing else. Is not going to really have a strong effect on reducing drug use, whereas it may have a very significant impact on folks who are sitting in jail. Also increasing the amount we are spending to house those folks."
Most people I spoke with on the street about this said they were not familiar with Prop 36 or stated that crime in Bakersfield has always been a problem, and nothing has changed. Last year a local coffee shop known as Dagny's was broken into. Management wasn't available to speak, but they did give me a statement.
Stacie Manager at Dagny's said "Dagny's has seen a drop in vandalism over the last year. We haven't had any property damage, and graffiti sightings have been very low on our block."
The Kern County District Attorney's Office tells me that over 150 defendants have chosen rehabilitation over jail. The program is rigorous—requiring regular check-ins, strict drug testing, and full compliance. But for those who successfully complete it, the ultimate reward is life-changing: their charges are dismissed.
"This statue is still fairly new so the people who may have elected to engage in treatment after being charged with a felony they may still be undergoing treatment. I haven't seen a lot of change in the community myself but it might be too early to make that call." said Roth
Roth argues this proposition will push offenders to choose treatment simply to avoid jail. And in the end, he warns, many will inevitably slip back into their old ways.
"You have to plea either guilty or no contest to the offense first. If you get a dirty test or if you pick up another charge there is a very good chance you will be sentenced to jail or found in violation and then be punished for felony. Most people who deal with these issues know relapse is apart of recovery." said Roth
In the year since voters approved Prop 36, there appears to be no consensus on whether the law is truly effective.
Stay in Touch with Us Anytime, Anywhere:
