Setting the record straight on Prop 36 in Contra Costa County

CONTRA COSTA COUNTY, CA (July 22, 2025) — As District Attorney, I believe our community deserves transparency and facts about how laws are enforced to keep Contra Costa County safe. That’s why I must respond to recent claims (in the June Pioneer) by Mary Knox about Proposition 36. Her accusations are simply not supported by evidence.

Contra Costa’s Record on Prop 36

Since Prop 36 took effect, my office has implemented it responsibly and vigorously. The facts speak for themselves:

Penal Code 666.1 (Theft with Priors):
214 cases submitted for review
143 filed
27 declined
84% filing rate
Health & Safety Code 11395 (Drug Offenses with Priors):
71 cases submitted
51 filed
10 declined
83% filing rate

These numbers show that my prosecutors pursue Prop 36 cases aggressively and ethically, based on the evidence — exactly as the law requires.

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Independent Statewide Data

Independent research backs this up. A report from the Public Policy Institute of California (PPIC) found Contra Costa is among the most active counties in California using Prop 36 to hold repeat theft offenders accountable.

Importantly, PPIC found no link between whether a district attorney supported Prop 36 during the campaign and how actively they implement it. Some counties with strong voter support have filed few cases; others, like Contra Costa, have filed many — because we follow the law and focus on what works.

Why I Opposed Prop 36 — And Why That’s Not Relevant Now

When I opposed Prop 36, it was because I believed it would divert funding from mental health, drug treatment, and prevention — proven solutions that address the root causes of crime. I also had concerns about felony charges for nonviolent offenses pushing people deeper into the system instead of back into jobs and stability.

I shared those concerns publicly and honestly. But once voters approved Prop 36, my duty was clear: enforce it fully and fairly. That’s exactly what my office has done.

Before Politics

Efforts to twist my past position into claims that we are not doing our job are misleading and disrespectful to the prosecutors who review and file these cases every day with professionalism and integrity.

Contra Costa County is implementing Prop 36 rigorously, with a clear focus on the repeat theft offenses that affect our communities most.
Public safety must be guided by facts, not politics. Our residents deserve the truth: we are using every legal tool available, including Prop 36, to protect our neighborhoods and hold repeat offenders accountable.

That’s the job you elected me to do — and I will continue to do it every day.

Diana Becton is the District Attorney of Contra Costa County.

Diana Becton

District Attorney Diana Becton has spent most of her professional career as a judge, lawyer, and manager. In 2017, she was sworn in as the 25th District Attorney for Contra Costa County. Following her appointment from the Board of Supervisors, she was elected to the position in June 2018, and re-elected in June 2022. District Attorney Becton served 22 years as a judge in Contra Costa County, where she was elected Presiding Judge. She is Past President of the National Association of Women Judges, the nation’s leading voice for women in the judiciary, and Past Chair of the State Bar Council on Access and Fairness.

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The Pioneer ceased operations on August 31, 2025.