City Manager’s Office
www.santa-ana.org/city-managers-office
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: Resolution in Support of Proposition 36
AGENDA TITLE
Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
RECOMMENDED ACTION
Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug- related offenses.
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE
HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Proposition 36 provides tools to improve the effectiveness of law enforcement and the criminal justice system in addressing serious theft and drug-related offenses by changing current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offenses. Fentanyl would be added to the list of drugs that warrant a felony charge if the person is also found in possession of a firearm, increasing the penalties for up to four years.
The proposition also introduces a new court process focused on treatment for individuals convicted of drug possession crimes who have a history of drug offenses, offering them rehabilitation and treatment options as an alternative to incarceration, thus balancing enforcement with opportunities for recovery. Those found guilty of possession could be charged with a "treatment-mandated" felony for those with two or more previous convictions for drug crimes and given the option of participating in drug and mental health treatment. Individuals who complete the mental and substance use
Resolution in Support of Proposition 36
September 17, 2024
4 5
4 8
treatment programs would have their charges dismissed.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution No. 2024-XXX: A Resolution of the City Council of the City of Santa Ana in Support of Proposition 36
Submitted By: Gaston Flores, Management Analyst
Approved By: Alvaro Nuñez, City Manager