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Counties report uneven Prop 36 rollout: prosecutors, defenders and sheriffs describe different charging and treatment realities
Summary
District attorneys, public defenders and sheriffs told senators county responses to Proposition 36 vary widely — from DAs applying local 'washout' policies to sheriffs and public defenders reporting increased theft filings, racial disparities in charging, and scarce treatment capacity.
County officials and criminal‑justice practitioners told the Senate joint hearing that implementation of Proposition 36 has been uneven, with prosecutors, defenders and law enforcement taking different approaches to charging and treatment.
Allison Haley, Napa County district attorney, said her office supports the measure and has adopted a local approach to prioritize repeat, recent offenders. “In Napa, I implemented washout periods. So we aren't charging these cases unless the priors were committed within roughly the last 10 years,” Haley said, adding that in the first two months since the law took effect Napa had not seen a defendant opt into court‑mandated treatment.
By contrast, Alameda County Public Defender Brandi Woods (transcribed as…
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