Ventura’s District Attorney details results of new felonies created through Proposition 36 after one month
VENTURA COUNTY, Calif. – Ventura County District Attorney Erik Nasarenko announced that 33 cases have been filed using new felony offenses for users of hard drugs and repeat offenders approved through Proposition 36 in the month since its passage in December of last year.
The Homelessness, Drug Addiction, and Theft Reduction Act took effect on Dec. 18, 2024, and made changes to the state's Health and Safety Code, including the creation of two new felony charges to combat repeat drug and theft offenses detailed the Ventura County District Attorney's Office in a press release Tuesday.
According to the Ventura County District Attorney's Office, a total 1,327 cases were filed by the District Attorney's Office over the past month with cases involving the new felony charges created by Proposition 36 accounting for about 2.5 percent of the overall filings.
Of the 33 filed cases under the Health and Safety code addition, 21 have been tried as of Tuesday under the new offense, Health and Safety Code section 11395, which specifically targets people found in possession of harder drugs -such as fentanyl, heroin, and methamphetamine- and have two or more prior drug-related convictions explained the Ventura County District Attorney's Office.
Offenders charged under Health and Safety Code section 11395 can choose to work through a court-mandated drug treatment program as an alternative to jail or prison if they are eligible added the Ventura County District Attorney's Office.
To date, five of the 21 people charged in court under the new offense have requested to be screened for the drug-treatment program shared the Ventura County District Attorney's Office.
In addition to the new Health and Safety offense, a new charge for repeat offenders of petty theft or shoplifting was also added under Proposition 36, Penal Code section 666.1 noted the Ventura County District Attorney's Office.
A total of 12 cases have been filed under the new offense that is only applicable to people with at least two prior convictions for petty theft or shoplifting detailed the Ventura County District Attorney's Office.
According to the Ventura County District Attorney's Office, defendants charged with this new felony-level offense have an average of five prior theft convictions.
"The repeated lawlessness demonstrated by these offenders makes our communities unsafe," said District Attorney Erik Nasarenko. "We will continue to use Proposition 36 to hold these habitual offenders accountable in a manner that is measured, that strikes a balance with drug treatment, and is consistent with the voters’ intent."
