Laserfiche WebLink
CITY ATTORNEY <br />Sonia R. Carvalho <br />CITY MANAGER <br />Alvaro Nuñez <br />CITY CLERK <br />Jennifer L. Hall <br /> <br />20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 <br />TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org <br /> <br /> <br />Councilmember-Requested Item Report <br /> <br />DATE <br />April 15, 2025 <br /> <br />TOPIC <br />Resolution in support of Senate Bills 28-The Proposition 36 Treatment Court <br />Implementation Act and Senate Bill 38-Funding for Diversion Treatment <br /> <br />COUNCILMEMBER-REQUESTED ITEM TITLE <br />Discuss and Consider Directing the City Manager to Prepare a Resolution in Support of <br />Senate Bill 28 – The Proposition 36 Treatment Court Implementation Act and Senate <br />Bill 38 – Funding for Diversion Treatment <br /> <br />DISCUSSION <br />On September 17, 2024, the Santa Ana City Council adopted a resolution in support of <br />Proposition 36. On November 5th, 2024, California voters and Santa Ana voters <br />overwhelmingly voted in favor of Proposition 36-Drug and Theft Crime Penalties and <br />Treatment-Mandated Felonies Initiative. The initiative passed with 74.54% of Orange <br />County voters and 66% of Santa Ana voters in favor. <br /> <br />A key aspect of Proposition 36 is that certain drug offenses are now classified as <br />treatment mandated felonies. This classification applies when an individual has two or <br />more prior convictions for certain drug crimes such as possession or distribution of <br />fentanyl, heroin, cocaine, or methamphetamine. If the to-be-charged individual agrees <br />not to contest the charge, they then receive a substance use and mental health <br />treatment evaluation and are subsequently referred to treatment. Once treatment is <br />successfully completed, the felony charges are dismissed. Failure to complete <br />treatment can result in punishment of up to three years in state prison <br /> <br />To help facilitate the implementation of Proposition 36, Senator Tom Umberg has <br />introduced Senate Bill 28 (SB 28) - The Proposition 36 Treatment Court Implementation <br />Act – which would require all Counties in the State of California to have courts facilitate <br />the treatment mandated by Proposition 36 and specifies that those Courts programs are <br />consistent with best practices. Not every county and court currently has treatment court <br />programs available for qualifying defendants 1. SB 28 will ensure that all eligible <br />California defendants have treatment court programs available by removing the “opt to <br />have” language of H&S Code § 11972 which will ensure that courts comply with <br /> <br />1 H&S Code § 11972(a): Counties and courts that opt to have treatment shall ensure the programs are <br />designed and operated in accordance with state and national guidelines incorporating the “Adult <br />Treatment Court Best Practice Standards” and “family Treatment Court Best Practice Standards”. . . .   <br />  <br />City Council 29 – 1 4/15/2025