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Councilmember Requested Item – Senate Bills 28 and 38 Page 2 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Proposition 36. Counties will be allowed to use existing collaborative courts to satisfy the Prop 36 requirement. Under Proposition 47, sixty-five percent of the financial savings generated are required to be set aside annually for the Board of State and Community Corrections (BSCC) to administer a competitive grant program. These grants are awarded to public agencies to provide mental health services, substance use disorder treatment, and/or diversion programs to those in the criminal justice system. Senator Umberg has introduced SB 38 to update the existing competitive grant program administered and expressly add drug court programs, collaborative court programs, and Treatment Mandated felony programs under Health and Safety Code §119352. This will allow programs that meet the requirements of Proposition 36 to access grant monies while remaining consistent with the program’s goals. Together these Senate Bills will ensure that every eligible Californian who chooses treatment over incarceration will have that choice regardless of the jurisdiction where they are being charged while expanding opportunities for more treatment programs to qualify for competitive grant funding. Our City Council formally supported the passage of Proposition 36, so we respectfully request that the City Council direct the City Manager to direct City staff to draft and bring back a resolution stating our City Council’s support of the passage of Senate Bill 28 and Senate Bill 38 by Senator Tom Umberg. SUBMITTED BY Councilmember Phil Bacerra, Mayor Valerie Amezcua, and Councilmember David Penaloza 2 H&S Code § 11935(d)(2) : A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court. City Council 29 – 2 4/15/2025