San Francisco DA to keep track of certain repeat offenses as Prop. 36 goes into effect

By: Eliot Pierce

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Proposition 36, which increases the penalty for specific theft and drug offenses, was overwhelmingly approved by voters and went into effect throughout California on Wednesday.

As Prop. 36 enters into force throughout California, San Francisco District Attorney Brooke Jenkins stated that they would monitor certain repeat offenders.

San Francisco District Attorney Brooke Jenkins clarified, “As of today, we will be keeping track of people who begin to accumulate convictions for certain types of crimes.” “So, for a misdemeanor, petty theft, and for misdemeanor drug offenses.”

According to Jenkins, Prop 36 won’t immediately alter many of the daily decisions made in her office. The main goal of the new law was to reduce retail theft.

“The real changes will come in time, when those offenders are back in court and prosecutors are trying to convince judges that multiple convictions require stiffer consequences,” she adds, adding that it will take some time for criminals to accrue some infractions.

The district attorney told CBS News Bay Area on Wednesday, “We are going to be adding to that a layer that is reinforcing what the voters and the people of California have said, which is that we have to be doing more for repeat offenders court.”

According to the final results, approximately 70% of Californians voted in favor of Prop. 36. The mayors of San Jose and San Francisco also backed it.

“It is compassionate,” Mayor Matt Mahan declared during the campaign. It doesn’t take us back to a time when people were imprisoned in large numbers. However, it restores our society’s much-needed accountability.

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Gov. Gavin Newsom opposes the legislation.

“That initiative has nothing to do with retail theft,” Newsom was saying in October when he criticized Prop 36.

Numerous public defenders’ offices and proponents of criminal justice reform also rejected it, claiming that further pressure to encourage treatment as an alternative to incarceration would require reliance on unobtainable treatment providers.

Californians for Safety and Justice’s Will Matthews made the following argument before to the vote: “This ballot initiative does not contain a single line item that creates new funding streams for new treatment.” “There is already a woeful lack of available treatment right now.”

Jenkins stated, “So that is as it relates to drug possession offenses,” in reference to those worries. And as of right now, practically all of those individuals have either bench warrants or have been given diversion and have failed to appear in court. Therefore, it will take some time before that ever occurs, and we must begin determining whether or not there are enough beds.

How Proposition 36 plays out in real courtrooms will therefore have to wait. Those who want results right away might have to wait.

“I just want people to temper their expectations about when we might actually see the benefits, per se, of Prop. 36 play out in our city,” Jenkins stated.

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