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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
Page 2
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5
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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
Resolution No. 2024-XXX
Page 1 of 3
RESOLUTION NO. 2024-XXX
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
WHEREAS, the safety and security of the residents of Santa Ana is of utmost
importance to the City Council; and
WHEREAS, Proposition 36, an Initiative Statute qualified for the November 5,
2024, ballot, proposes to increase penalties for certain theft and drug-related crimes; and
WHEREAS, under current law, Proposition 47 (approved by voters in 2014)
reduced the punishments for some theft and drug crimes, changing certain felonies into
misdemeanors; and
WHEREAS, Proposition 36 will address this issue by turning some misdemeanors
back into felonies, specifically targeting repeat offenders who have two or more past
convictions for theft crimes such as shoplifting, burglary, or carjacking, thereby enhancing
public safety by deterring habitual criminal behavior; and
WHEREAS, Proposition 36 includes provisions to increase penalties for property
crimes involving multiple offenders and provides that certain sentences for drug offenses,
such as the sale of dangerous substances like fentanyl, heroin, cocaine, and
methamphetamine, be served in state prison, rather than county jail, to ensure that these
serious crimes are met with appropriate consequences; and
WHEREAS, Proposition 36 also introduces a new court process for individuals
charged with a “treatment-mandated felony” 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 balanci ng
enforcement with opportunities for recovery; and
WHEREAS, the Santa Ana City Council recognizes the need to give the courts
tools to address the rising concerns about illegal drug distribution, including a provision
within Proposition 36 that mandates a warning to individuals convicted of drug distribution
that they may face murder charges if their actions lead to a fatality in the future; and
WHEREAS, supporting Proposition 36 reflects the City’s commitment to both
enhancing public safety and addressing the root causes of drug-related crimes through a
combination of enforcement and treatment.
Resolution No. 2024-XXX
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City of Santa Ana formally declares its support for Proposition
36 entitled The Homelessness, Drug Addiction, and Theft Reduction Act .
Section 2. The City of Santa Ana recognizes Prop 36 as a necessary measure
to protect the public from serious drug and theft related crimes, while also providing
pathways to rehabilitation for offenders.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this _____ day of ____________, 2024.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
Resolution No. 2024-XXX
Page 3 of 3
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2024-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on _______________.
Date: ______________________ ________________________________
City Clerk
City of Santa Ana