Item 21 - Resolution in Support of Prop 36

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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