HomeMy WebLinkAboutMINUTES - 10241989 - 1.27 TO: BOARD OF SUPERVISORS
Contra
FROM:
Costa
Phil Batchelor, County Administrator
DATE: October 23 1989 o\ ;_ =YCounty
r scoun-
SUBJECT: LEGISLATION: SB 1112 (Torres)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONVENDATION
Adopt a position in OPPOSITION to SB 1112 by Senator Torres which
would make individuals eligible for diversion after conviction
and which would divert 1000 of the related fine revenue to the
State to fund gang suppression.
BACKGROUND
Under existing law, persons who are accused of the use or
possession of controlled substances and other minor drug
offenses, who are first time offenders, may be eligible for
diversion from prosecution if they meet specified criteria.
Persons found eligible for diversion must participate in an
education, treatment or rehabilitation program. If a person
successfully completes the program and meets other specified
conditions, the case is not prosecuted and the arrest is deemed
never to have occurred. If the accused fails to complete
diversion or is convicted of certain crimes during diversion, the
case is prosecuted.
SB 1112 provides that diversion may only be ordered upon entry of
a plea of guilty or nolo contendere or upon a finding of guilt
after trial. However, upon successful completion of diversion
the plea of guilty or nolo contendere would be withdrawn, any
guilty verdict set aside, and the charges against the defendant
dismissed. The arrest, plea or verdict of guilty, and the
diversion would then be deemed never to have occurred.
CONTINUED ON ATTACHMENT:Yes YES SIGNATURE:
IRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S: �h" � ���
1989
ACTION OF BOARD ON uctol5er 24,
APPROVED AS RECOMMENDED LL OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED OCT 2 a 1989
See Page 2 PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY /! 'DEPUTY
The Sheriff-Coroner, District Attorney, County Probation Officer
and Municipal Court Administrator all have problems with this
bill as currently written and recommend that the Board oppose it.
They point out that the bill would require many more trials which
are now avoided. The defendant has no reason not to go to trial
since a conviction can always be eliminated by going through
diversion after having been found guilty. Concern has also been
expressed about the fine of $500 going to the State for gang
suppression programs. Contra Costa County has relatively little
gang activity, meaning that we would be collecting fines from
diversion participants, only to have the money sent to more urban
areas, primarily in Southern California.
In view of the opposition of so many elements of the criminal
justice system, it is recommended that the Board of Supervisors
also oppose SB 1112. The bill has passed the Senate and is now
in the Assembly Public Safety Committee where it can be heard
when the Legislature reconvenes in January, 1990.
. cc: County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Municipal Court Administrator
Senator Art Torres
Assemblyman John Burton, Chairman
Assembly Committee on Public Safety
Les Spahnn, SRJ.Jackson, Barish & Associates