Proposition 36, which increases sentencing for certain drug and theft offenses, clearly is on its way to passage, with 69% of California voters supporting it, according to the Nov. 12 report by the Secretary of State. It won’t go into effect, however, until five days after the Secretary of State certifies the vote, which could be as late as mid-December.
But at least one prosecutor in the Stanislaus County District Attorney’s Office had intended to start applying the new law right away.
The day after the election, Deputy District Attorney Patrick Hogan said that, hypothetically, a person arrested at 12:01 a.m. Nov. 6 could be subject to the stiffer penalties of Prop. 36.
But not everyone agreed.
Stanislaus County Public Defender Jennifer Jennison questioned the legality of enforcing the new law before the state certifies the election. “In court yesterday, the DAs were trying to say it was already in effect,” Jennison said Thursday. “Of course, it wasn’t. They’re wrong, and it does go into effect five days after certification.”