Receive and file Proposition 36 Implementation Update. (No general fund impact) (Gayton/Aiello/Olson/Kildare) (Est. Staff Presentation: 15 min)

In November 2024, Proposition 36, titled "Allows Felony Charges and Increases Sentences for Drug and Theft Crimes", was passed and went into effect in December 2024.  This proposition repealed part of previously approved voter initiative Proposition 47 and amended the state constitution to increase penalties and allow felony charges for certain crimes.  People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences.  In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.  

Despite the voter popularity of Proposition 36 with the voters, the voter initiative was passed without any designated funding for implementation.  Yolo County law and justice partners will be partnering to apply for an upcoming grant application, Proposition 47 Cohort 5, through the State of California Board of Community Corrections (BSCC).  The BSCC announced the release of a fifth cohort of funding in April 2024, making $127 million available for mental health and substance abuse treatment programs.  This funding can also support initiatives under Proposition 36, which allows for similar treatment programs.  Applicants can seek funding in two categories: small scope (up to $2 million) and large scope (up to $8 million), with a special allocation for Los Angeles County allowing for a single application of up to $20 million.  The BSCC expects to review and approve funding awards in September 2025 with a three-year grant cycle beginning in October 2025. 

Yolo County law and justice partners will be applying for a large scope grant of $8 million dollars over a grant term of three years.  If awarded, Health and Human Services will serve as the lead agency for this grant.  The grant application for the Proposition 36 implementation will propose that Yolo County establish a separate court for justice-involved individuals who qualify for Proposition 36 programs.  The grant would provide funding for the following: