Study: Kern County leads California in Proposition 36 case filings
BAKERSFIELD, Calif. (KGET) — In the November election, California voters passed Proposition 36, voting to increase penalties for repeat offenders in drug and theft crimes.
A recent study by the Public Policy Institute of California — a non-profit, non-partisan research organization — shows that statewide, Kern County ranks number one for Prop. 36 case filings.
It states 24 cases per 100,000 residents. It also examined the potential correlation between filings and countywide demand for Prop. 36's passage.
The demand was very high here in Kern County — 77% of voters supported it. According to the study, that was the highest approval rate in the state.
Community members say they're continuing to breathe sighs of relief, since the law took effect in December.
'I just think it's a blessing,' said Heidi Shubin, a former Bakersfield small business owner.
Heidi Shubin owned Sugardaddy's Women's Boutique for 15 years.
It was her family business of over four decades. She closed shop last November, following inflation and back-to-back break ins.
'It's time consuming; it's invading. You feel violated. The money is a drain, and if it keeps happening over and over, you kind of lose hope in humanity,' Shubin said of the burglaries.
She detailed that more than $2,300 worth of merchandise was stolen by the same person within 24 hours, and repairs cost $14,000, though a community fundraiser thankfully covered that cost.
'I found out he literally only got three weeks in juvenile detention,' Shubin said.
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She said now that Proposition 36 is a reality, she's hopeful.
'Maybe they could've thought twice before doing it the second time, or even the first time, if they knew they were actually going to have consequences to their actions,' said Shubin.
Shubin will never know and other businesses could reap the benefits. Proposition 36 ups penalties for repeat offenders in drug and theft crimes.
A person — with two prior drug or two prior theft convictions — can face felony charges — instead of misdemeanors — for possessing certain drugs (including fentanyl) and for thefts under $950.
'We've talked to different people who say they understand the severity of the consequences of those types of action that can be charged,' said Lieutenant Nicole Anderberg of the Bakersfield Police Department.
Anderberg manages BPD's Impact Unit, which handles quality of life issues.
'[Prop 36] does change the way officers are making arrests, whether they're arresting someone for a misdemeanor or a felony,' the lieutenant noted. District Attorney Cynthia Zimmer said in a statement, 'In the first 90 days, new Proposition 36 laws have allowed our office to prosecute repeat offenders more effectively than we've been able to in years.'
Another major takeaway from the study — of Kern County's filings, 68% are related to drug offenses.
Anderberg said that number matches what officers are seeing.
'There is a lot of narcotics use,' she said. 'There is a lot of availability.'
Those charged and convicted under Prop 36 could be mandated to go into treatment instead of prison.
Which, Anderberg said, could be beneficial.
'[Mandated treatment will have] more an impact on the person that committed the crime as opposed to just getting a ticket and walking away,' she explained.
Shubin agreed, saying as a recovering addict herself, she knows firsthand what addiction is like.
'The theft is what we did to support our habits, and that's exactly what's happening nowadays,' Shubin said, adding that mandated treatments are what helped her get clean.
The first person in Kern to be charged under Prop 36 will be sentenced next week.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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