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CITY OF SANTAANA <br /> Council member-Requested Item Report <br /> DATE <br /> April 15, 2025 <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 /> 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 /> 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 /> 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 /> 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'. 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 /> 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 /> CITY ATTORNEY CITY MANAGER CITY CLERK <br /> Sonia R.Carvalho Alvaro Nunez Jennifer L. Hall <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 />