County of Santa Clara
Office of the County Executive
x^ounty Government Center, East wing

70 West Hedding Street
San Jose. California 951 10
(408) 299-2424

Appt Ov»cl

feptsd Adopted Denied Presented
E HOARD OF DU,'’FRY!':

CFTi

February 27,2001

,! •. . TV ;;
ly.iis. k. fivue. Cl

of tfiu (jOLir;

By
TO:

eputy Cterk

Board of Supervisors
Date:

FROM:

Richard Wittenberg
County Executive

RE:

Implementation of Proposition 36

17 ?nni

»

Recommendations

1. Adopt the resolution designating the Office of the County Executive as lead agency
for implementation of Proposition 36,the Substance Abuse and Crime Prevention Act
of 2000.

2. Adopt the resolution forming a steering committee to monitor implementation and
provide guidance on policy issues pertaining to implementation of the Act.
Fiscal Implications

The State Department of Alcohol and Drag Programs will release FY 2001 funding tied
to the Act to the County upon receipt ofthe County’s resolution designating a lead
agency,stating that a trust fund has been established, and agreeing to comply with the
provision of the Act. Santa Clara County anticipates receiving $2,491,506 in FY 2001,
and an estimated $5 million in FY 2002. The resolution is to be submitted by no later
than March 1,2001. Administration will return to the Board to budget the revenues and
expenditures upon completion ofthe implementation plan.
Background and Reasons for Recommendation

Proposition 36, the Substance Abuse and Crime Prevention Act of 2000(the Act), was
approved by the voters on November 7,2000. It requires that specified drag offenders
receive treatment in place of incarceration, and provides funding to counties for this
purpose. According to the State regulations,funds are to be used for “drag treatment
services, vocation training, family counseling, and literacy training”..

In FY 2001,Santa Clara County will receive $2,491,506 for use in planning and start-up
efforts, so that services will be available upon the July 1®* effective date of the Act. In
Board of Supervisors: Donald F. Gage. Blanca Alvarado. Peie McHogh. James r Beall Jr.. Liz Kniss
1

Couniy Executive: Richard Wittenberg

2000

order to receive the State funds, counties must adopt a resolution by March 1,2001,
which:

• Designates a county lead agency ;
• Agrees to comply with the provisions of the Act; and

• Assures establishment of a local trust fund for deposit offunds received pursuant to
the Act.

This item was reviewed and approved by the Public Safety and Justice Committee on
February 8,2001,and by the Health and Hospital Committee on February 21, 2001.
Lead Agency Designation

The State Department of Alcohol and Drug Programs has released regulations defining
lead agency responsibilities, including development of an implementation plan. The State
requires that the lead agency coordinate plan development, but also emphasizes the
importance of collaboration, and a process that is centered on treatment. Multiple
agencies will be involved in developing the plan, and there is a need for leadership and
analysis of resource requirements at the central administrative level. Accordingly, the
Office of the County Executive can help provide a focus on the appropriate balance
between those needs articulated from the law and justice perspective, the clinical needs of
clients and the treatment resource that will be required.

•^

Other administrative functions associated with the lead agency role include the provision
of treatment, and the oversight and administration of contracts with treatment providers.
These functions will be delegated to the County’s Department of Drug and Alcohol
Services(DADS). DADS will provide clinical leadership for the development of a
comprehensive treatment system for clients who become eligible due to Proposition 36.
Among the other responsibilities that will be delegated to DADS are:

• Coordination of data collection and quarterly reporting through the existing State
DADP data systems; and

• Coordination of evaluation of the county programs implementing the Act.
Steering Committee

The success of local programs implementing the Substance Abuse and Crime Prevention
Act will depend on a collaborative policy development process which includes the

highest level of administrative participation. Therefore, it is recommended that a steering
committee be convened to provide a forum for discussion of the implementation plan and
development of the necessary procedures and agreements. The committee will be

composed of representatives of the departments and agencies affected by the legislation,
as well as those who represent the full range of needs displayed by the defendants. It is
also reconunended that the committee include a representative from the Police Chiefs
Association, and from the Santa Clara County Alcohol and Drug Contractor’s

Association. The committee will be chaired by the Office of the County Executive, who

2

will provide status reports to the Board. Proposed membership is noted in the attached
resolution.

Consequences of Negative Action
The County will be unable to comply with State regulations requiring notification of lead
agency designation to the State Department of Drug and Alcohol Programs by March 1,
2001. If notification is not provided, the County will not be able to access FY 2001 $2.5
million in State funds for planning and implementation of Proposition 36.
Steps Following Approval

Upon approval of the necessary resolution, notification will be provided to the State and
funds will be deposited in the trust fund. The Steering Committee will develop a timeline
for completion of a Proposition 36 implementation plan, meet regularly to address
procedural needs and resolve issues, and will report to the Public Safety and Justice
Committee, the Health and Hospital Committee, and the Board on a regular basis. Upon
its completion, an implementation plan will be brought to the Board for approval, and
subsequent submittal to the State Department of Alcohol and Drug Programs.
Cc:

Alice Foster, Deputy County Executive
George Kennedy, District Attorney
John Cavalli, Chief Probation Officer

Bob Gamer, Director, Department of Alcohol and Drug Services
Judge Richard Turrone, Presiding Judge, Superior Court
Judge Stephen Manley,Superior Court

3

RESOLUTION OF THE BOARD OF SUPERVISORS
CREATING A STEERING COMMITTEE

RESPONSIBLE FOR POLICY GUIDANCE AND LEADERSHIP
FOR IMPLEMENTATION OF

THE SUBSTANCE ABUSE AND CRIME PREVENTION ACT OF 2000

WHEREAS,on November 7, 2000, the People of the State of California passed
Proposition 36,” the Substance Abuse Crime Prevention Act of2000;

WHEREAS,the Substance Abuse Crime Prevention Act of2000 requires that
specified drug offenders, as defined by the Act, receive drug treatment in place of
incarceration;

WHEREAS,the Board of Supervisors of the County has designated the Office
of the County Executive as the lead agency responsible for administering fimds under
the Act;

WHEREAS,close collaboration between County agencies and the Superior
Court will be required for the successful implementation ofthe Act; and
WHEREAS,the Board of Supervisors desires to create a steering committee
responsible for providing policy guidance and monitoring the implementation of the
Act;

THEREEORE BE IT RESOLVED that the Office of the County Executive will
convene and chair a Steering Committee which shall:
1.

Monitor implementation ofthe Act;

2.

Provide guidance to the Board of Supervisors on policy issues which
arise;

3.

Review and comment on the County plan prior to submission to the
Board of Supervisors; and

4.

Report regularly to the Board of Supervisors on the progress ofthe
implementation.

BE IT FURTHER RESOLVED that the Steering Committee shall include the
Agency Director or designee from the following:

Resolution - Proposition 36 Steering Committee Page I of 2

nomiMAir

r\ r\A

1.
2.
3.
4.
5.
6.
7.
8.
9.

Office ofthe County Executive
Office ofthe County Counsel
Department of Correction
Department of Alcohol and Drug Services
Department ofPublic Health
Department of Mental Health
Department of Custody Health
Social Services Agency
Office of the District Attorney

10. Office of Pretrial Services
11. Office of the Public Defender

12. Probation Department
13. Superior Court
14. Police Chiefs Association

15. Other members as deemed appropriate for the successful execution of the
Committee’s functions.

PASSED AND ADOPTED

Santa Clara, State of California, on FEB

the Bo^d of Supervisors ofthe County of

ZOQi _ by the following vote:

AYES:

Supervisors ALVARADO, BEALL, GAGE, <mibSa, MCHUGH

NOES:

Supervisors

ABSENT:

Supervisors H^fSS

mom

7
AMES T. BEALL,JR,, Chairppreon
oard ofSupervisors

ATTEST:

PHYLLIS PEREZ,Clerk

Board of Supervisors

APPROVED AS TO FORM AND LEGALITY:

Deputy County Counsel

Resolution - Proposition 36 Steering Committee Page 2 of2

RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA
DESIGNATING THE LEAD AGENCY
FOR THE ADMINISTRATION OF THE

SUBSTANCE ABUSE AND CRIME PREVENTION ACT OF 2000
FISCAL YEAR 2000-2001 FUNDING

WHEREAS,on November 7, 2000, the People of the State of California passed
Proposition 36,” the Substance Abuse Crime Prevention Act of 2000;
WHEREAS,the Substance Abuse Crime Prevention Act of 2000 requires that
specified non-violent drug offenders, as defined by the Act, receive drug treatment in
place of incarceration; and
WHEREAS,in order for the County to be eligible to receive state funding for
Fiscal Year 2000-2001 to reimburse the County for the costs of such drug treatment
programs,the State requires that the Board of Supervisors designate a lead agency for
the administration of such state funds, create a trust fund for the deposit of these funds,
and comply with the provisions of the California Code of Regulations, Title 9, Division
4, Chapter 2.5;

THEREFORE BE IT RESOLVED that the Board of Supervisors of the County
of Santa Clara hereby:
1.

Designates the Office of the County Executive as the lead agency of the
County of Santa Clara’s Substance Abuse and Crime Prevention Act of
2000 responsibilities; and

2.

Assures that the County of Santa Clara has established a trust fund; and

Resolution - Proposition 36 Steering Committee

Page 1 of 2

I“r*n

n pr

onn4

3.

Assures that the County of Santa Clara shall comply with the provisions
of the Substance Abuse and Crime Prevention Act of 2000 and the

California Code of Regulations, Title 9, Division 4, Chapter 2.5.

PASSED AND ADOPTED W the Board of Supervisors of the County of
?nni by the following vote;

Santa Clara, State of California, on FFR
AYES:

Supervisors

NOES:

Supervisors

ABSENT:

Supervisors K

Bi?:

^l^MES T. BEALL,JR., Chairpersoir
Board of Supervisors

ATTEST:

PHYLLIS PEREZ,Clerk

Board of Supervisors

APPROVED AS TO FORM AND LEGALITY:

Deputy County Counsel

Resolution - Proposition 36 Steering Committee

Page 2 of 2

Notes for Leg Comm briefing with Jim

State and federal update

3 sponsored/co-sponsored signed
7 supported—signed
4 supported—vetoed
1 opposed—signed
1 opposed—vetoed
balance did not reach Governor’s desk
Possible State Legislative initiatives

Bond or financial assistance for seismic upgrade for hospitals

fi

Authority to Santa Clara County to provide or contract or educational needs of
-r;

Probation wards.

le

Permission for Chief of Correctional Authority to request Coroner’s inquest

Clarify that ability to recover costs for “emergency response” costs includes response
to ALL DUI arrests—not just in the case of an accident.
Potential federal earmark requests

Si^€L 1 \cc.^ ij

c?

VMC Seismic Upgrade

Crime Lab—equipment upgrades and funding to accommodate increased caseloads
Juvenile Detention Reform

Congressmember Lofgren indicated a desire to seek an ongoing funding for JDR
activities.

Transportation

DeWitt Ave. S-Curve Realignment ($2.0M)
West Sam Carlos St. Improvements Phase II ($2.5M)
Junipero Serra Blvd. Traffic Calming ($3.5M)
Resolution of support for Coast Daylight Rail Service

Resolution includes “no costs to local governments” and “will not jeopardize state
funding for High-Speed Rail Project.”