HomeMy WebLinkAboutMINUTES - 02131990 - 1.25 -Ir 1 A.0
TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
Costa
February 5 , 1990 `= County
DATE: ci)n
LEGISLATION: AB 574 (Harvey)
SUBJECT:
i
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECONIl�PiDATION
Continue the Board' s position of SUPPORT for AB 574 by
Assemblyman Harvey and ten co-authors which would prohibit the
acceptance of a bail bond without a court hearing into the source
of the bail when a defendant has been arrested for specified
controlled substance offenses. The bill also provides that
willful misrepre11sentation of the source of the bail is cause for
increasing the bail.
BACKGROUND:
On February 6, 1,990 the Board of Supervisors voted to support AB
574 by Assemblyman Harvey. The bill has now been amended. Under
current law, a ; judge or magistrate, in setting, reducing or
denying bail is required to take into consideration the
protection of tYe public, the seriousness of the offense which is
charged, the previous criminal record of the defendant and the
probability that the defendant will appear at trial. The public
safety is required to be the primary consideration. No bail bond
may be accepted :unless the judge or magistrate is convinced that
no portion of the bail was feloniously obtained. In considering
the seriousness of the offense which is charged, the judge or
magistrate is to include consideration of the alleged injury to
the victim, alleged threats to the victim or a witness to the
crime which is charged, the alleged use of a firearm or other
deadly weapon in the commission of the crime that is charged, and
the alleged uses; or possession of controlled substances by the
defendant.
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
//,&
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES): �&4h 4`1��./�,
ACTION OF BOARD ON a APPROVED AS RECOMMENDED 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.q
CC: please see Page 2 . ATTESTED FEB 1 3 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY DEPUTY
If the crime charged is a violation of any of a wide variety of
controlled substance offenses, the judge or magistrate must
consider the alleged amounts of controlled substances involved in
the commission of the offense and whether the defendant is
currently on bail for an alleged violation of any of these drug
offenses.
AB 574, as amended on January 18 , 1990 , provides that if a person
is arrested for a violation of a wide variety of controlled
substance offenses ( including possession for sale of various
controlled substances, possession for sale or purchase for sale
of cocaine base, the transportation, importation, sale, etc. of a
wide variety of controlled substances, the possession for sale of
various controlled substances which are not narcotics, the
transportation, importation, sale, furnishing, administration,
giving away, or I offers or attempts to do any of the above with
regard to a variety of controlled substances which are not
narcotics, possession for sale, transportation, importation,
sale, furnishing, administration, giving away or offers to or
Attempts to do any of the above with regard to phencyclidine, or
who manufactures, compounds, converts, produces, derives,
processes or prepares any of the controlled substances) and is
already on probation or where specified offenses regarding
heroin, cocaine lbase, or cocaine where an additional prison term
can be sought because of the quantity involved or of where
manufacturing phencyclidine or methamphetamine may be pleaded and
proven, no baillbond may be accepted without a court hearing into
the source of the bail. This hearing must be held within 36
hours of the arrest. In addition, for any defendant found to
have willfully mislead the court regarding the source of bail,
the bail may be increased.
AB 574, as amended January 18, 1990, still assists the Board in
its war on drugs by making it more difficult for defendants to
use drug proceeds as a part of their bail. As a result, it
appears to be appropriate for the Board to continue its support
for AB 574 .
cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Chief
Chair, Drug Abuse Advisory Board
Les Spahnn SRJ. Jackson, Barish & Associates