Resolution: No. 7-04

Approving the Guidelines and Identifying the Diversion Programs Mandated By ‘Proposition M - Aggressive Solicitation Ban’ Passed By Voters In November 2003

WHEREAS, the voters of the City and County of San Francisco passed into law a ban on aggressive solicitation known as “Proposition M” in November 2003; and,

WHEREAS, Proposition M bans all aggressive solicitation in public places within 20 feet of a check-cashing business or ATM, of persons in vehicles on a street or on highway off-ramps, and of persons on public transportation or in a parking lot; and,

WHEREAS, Proposition M has as its highest priority the diversion of eligible panhandlers into substance abuse, mental health, and/or other needed services rather than into the legal system, replacing the police-based approach to panhandling with a public health-based approach; and,

WHEREAS, Proposition M requires the Director of Public Health to establish, administer, and/or certify:


WHEREAS, these provisions for the diversion program must be established and approved by the San Francisco Health Commission within six months of passage of the proposition by May 26, 2004; and,

WHEREAS, the Department of Public Health (DPH) in collaboration with the Department of Human Services (DHS) believe that many of the individuals who panhandle would benefit from DPH substance abuse, mental health and housing programs, and see Proposition M as one small part of the overall response to homelessness and panhandling; and,

WHEREAS, DPH and DHS by June 2004 will implement an overall, citywide street outreach program that will focus on several homeless populations, including panhandlers; now, therefore, be it

RESOLVED, that the Department of Public Health has identified that all individuals convicted for Proposition M violations will be able to participate in established DPH diversion treatment programs; and, be it

FURTHER RESOLVED, that DPH’s Treatment Access Program (TAP) will provide screenings and assessment services to Proposition M clients referred from the Courts to determine the level of behavioral health care needed for each client using the TAP Initial Screening Instrument, and/or the Severity Index Form; and, be it

FURTHER RESOLVED, that following the assessment, TAP will arrange placement into an appropriate program; and, be it

FURTHER RESOLVED, that the Department of Public Health will determine whether the conditions of diversion have been satisfied and TAP will routinely report to the Courts the status of client’s compliance and/or completion of treatment; and, be it

FURTHER RESOLVED, that the San Francisco Health Commission will review on a quarterly basis the number of individuals assessed, treated and diverted under Proposition M and the impact of more diversion on system resource capacity; and, be it

FURTHER RESOLVED, that the San Francisco Health Commission and the San Francisco Department of Public Health approve the implementation plan as required by Proposition M.

I hereby certify that the San Francisco Health Commission at its meeting of April 6, 2004 adopted the foregoing resolution.

Michele M. Olson, Executive Secretary to the Health Commission