Public safety: Funding of Proposition 36 Act., the official text

An act to add Section 7599.205 to the Government Code, relating to public safety, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally provides financial support for cities and counties to provide public safety services, including, among other funding, moneys allocated through the Local Revenue Fund 2011 and its accounts. Existing law, enacted by the voters as the Homelessness, Drug Addiction, and Theft Reduction Act (Proposition 36) at the November 5, 2024, statewide general election, authorizes the Board of State and Community Corrections to allocate appropriate funds to counties and local governments for programs under the Treatment-Mandated Felony Act, as specified.
This bill, the Funding of Proposition 36 Act, would create the California Public Safety Services Support Fund to be used, upon appropriation by the Legislature, to implement Proposition 36. The bill would, upon appropriation by the Legislature for the 2026–27 fiscal year, require the funds to be administered by the Board of State and Community Corrections, as specified. The bill would also require, beginning in the 2027–28 fiscal year, the Governor to annually include a proposed transfer from the General Fund to the California Public Safety Services Support Fund of an amount sufficient to fund the ongoing administration of Proposition 36 as part of the Governor’s proposed budget to the Legislature.
This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1.
This act shall be known as the Funding of Proposition 36 Act.

SEC. 2.
The Legislature finds and declares all of the following:
(a) The people of the State of California, by a statewide vote of over 68 percent, including a majority of the votes cast in all of the 58 counties, approved the Homelessness, Drug Addiction, and Theft Reduction Act (Proposition 36) at the November 2024 general election.
(b) Proposition 36 establishes a program of justice system reforms focused on rehabilitation, treatment, and recidivism reduction while promoting accountability focused significantly on the provision of mental health and drug-related treatment.
(c) Notwithstanding the passage of Proposition 36, the state has not yet provided adequate funding to fully implement the prescribed programs.
(d) The continued lack of funding and implementation of Proposition 36 is contrary to the decision of the voters in adopting the measure and undermines its effectiveness.
(e) It is therefore the intent of the Legislature to fully fund the implementation of Proposition 36.
(f) This act further requires future Governors to include full funding for the implementation of Proposition 36 in future annual budget proposals.

SEC. 3.
Section 7599.205 is added to the Government Code, to read:
7599.205.
(a) The California Public Safety Services Support Fund is hereby created in the State Treasury. The California Public Safety Services Support Fund, upon appropriation by the Legislature, shall be used to implement the Homelessness, Drug Addition, and Theft Reduction Act.
(b) Any moneys appropriated by the Legislature to the California Public Safety Services Support Fund for the 2026–27 fiscal year shall be for the purpose of implementing the Homelessness, Drug Addiction, and Theft Reduction Act. The funds shall be administered by the Board of State and Community Corrections and allocated on a statewide equitable basis, taking into account population and caseload, but providing a base minimum, with the funds to be dispersed as follows:
(1) To county behavioral health departments to provide treatment services pursuant to Section 11395 of the Health and Safety Code.
(2) To support interventions in the community and to offset incarceration costs of offenders sentenced to county jail for longer terms as a result of the Homelessness, Drug Addiction, and Theft Reduction Act.
(3) To county probation departments to support the courts, provide individualized assessment to identify treatment options, oversee accountability measures, and supervise an expanded caseload resulting from the Homelessness, Drug Addiction, and Theft Reduction Act.
(4) To counties for administrative costs, county coordination, and best practice implementation.
(c) Beginning in the 2027–28 fiscal year, and annually thereafter, the Governor shall include a proposed transfer from the General Fund to the California Public Safety Services Support Fund of an amount sufficient to fund the ongoing administration of the Homelessness, Drug Addiction, and Theft Reduction Act as part of the Governor’s proposed budget to the Legislature.

SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement the essential public safety and treatment programs approved by voters in 2024 as quickly as possible, it is necessary for this act to take effect immediately.