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Home My WebLink About09 - Supporting Senate Bill 904Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report June 14, 2022 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Jon Lewis, Chief of Police, jlewis@nbpd.org PHONE: 949-644-3701 TITLE: Resolution No. 2022-40: Supporting Senate Bill 904 ABSTRACT: At its May 24, 2022, meeting, the City Council voted, via a straw poll, in favor of staff bringing forward a resolution for the Council's consideration to support Senate Bill No. 904, which will help ensure that the criminal justice system educates and treats non- violent offenders suffering from addiction. Senate Bill No. 904 will help address the effects of the ongoing opioid epidemic by clarifying current statutes and ensuring that controlled substance education and treatment programs are based on the best available science. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2022-40, A Resolution of the City Council of the City of Newport Beach, California, Supporting Senate Bill 904, which will Ensure that the Criminal Justice System Educates and Treats Non -Violent Offenders Suffering from Addiction. DISCUSSION: At the request of Council Member Will O'Neill, at the May 24, 2022, City Council meeting, the City Council considered placing a resolution on a future agenda that, if adopted, would express the Council's support of Senate Bill No. 904. All City Council members in attendance voted unanimously, via straw poll, in favor of staff bringing forward a resolution for the Council's consideration. The opioid epidemic continues to evolve and impose a serious threat to the health of all individuals throughout the State of California. According to the latest statistics from the California Department of Public Health, there were 5,502 deaths related to opioid overdoses in 2020. This number indicates a marked increase from the 3,244 opioid overdose deaths in 2019, and 2,428 opioid overdose deaths in 2018. 9-1 Resolution No. 2022-40: Supporting Senate Bill 904 June 14, 2022 Page 2 Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, requires that persons convicted of certain non-violent drug possession offenses be granted probation, and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the court can set aside the conviction and dismiss the complaint if the court finds that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. Senate Bill No. 904 would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment. This bill also allows the court to order a defendant to complete a controlled substance education or treatment program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards and would require representatives of the court to design and implement an approval and renewal process for controlled substance education and treatment programs. It would also require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. Existing law also requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would clarify that the 20 hours or more of education or counseling shall include education about, among other things, how the use of controlled substances affects the body and the dangers of using controlled substances, as specified. Senate Bill No. 904 will ultimately help prevent controlled substance abuse by clarifying current statutes and ensuring that non-violent offenders receive appropriate education and treatment within the criminal justice system. FISCAL IMPACT: The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 9-2 Resolution No. 2022-40: Supporting Senate Bill 904 June 14, 2022 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2022-40 9-3 ATTACHMENT A RESOLUTION NO. 2022- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING SENATE BILL 904, WHICH WILL HELP ENSURE THAT THE CRIMINAL JUSTICE SYSTEM EDUCATES AND TREATS NON-VIOLENT OFFENDERS SUFFERING FROM ADDICTION WHEREAS, there is an ongoing opioid epidemic affecting the lives of people throughout the State of California, and the nation. WHEREAS, the California's Substance Abuse and Crime Prevention Act of 2000 was adopted to help prevent controlled substance abuse, by non-violent offenders, through education and treatment within the criminal justice system; and WHEREAS, Senate Bill 904 will help address the effects of the ongoing opioid epidemic by clarifying current statutes and ensuring that controlled substance education and treatment programs are based on the best available science. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support Senate Bill 904, which will help prevent controlled substance abuse by ensuring that non-violent offenders receive education and treatment within the criminal justice system. Section 2: The recitals provided above are true and correct and are incorporated into the operative part of this resolution Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2022- Page 2 of 2 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14«' day of June, 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 9-5