HomeMy WebLinkAboutMINUTES - 02131990 - 1.3 (2) 0 />r'
TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator 1 Costa
ZAP-::; .,...• .�
February 5 , 1;990 County
T~
DATE:
LEGISLATION: SB 1810 (Nielsen)
SUBJECT:
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SPECIFIC REQUEST(S)OR RECOMMENDATION(I S)&BACKGROUND AND JUSTIFICATION
RECONIlENDATION:
Adopt a position in SUPPORT of SB 1810 by Senator Nielsen which
would authorize funds for the Bureau of Narcotic Enforcement in
the State Department of Justice to remove, store and dispose of
toxic wastes from the sites of laboratories used for the unlawful
manufacture ofd controlled substances in counties with a
population under 1, 250 ,000 .
BACKGROUND:
Under current law the Department of Justice is required to
establish a Clandestine Laboratory Enforcement Program to assist
state and local law enforcement and prosecutorial agencies in
apprehending and prosecuting persons involved in the unlawful
manufacture of controlled substances. Specifically, the
Department of Justice is authorized to reimburse counties with a
population under 1,250, 000 from amounts appropriated by the
Legislature, up to $25 ,000 for each prosecution of and up to
$10 , 000 for each case for law enforcement' s costs in
investigating the violation, attempt to violate or conspiracies
to violate the following:
* the failure to report the sale or transfer of specified
chemicals which can be used in the manufacture of controlled
substances!
* the failure to report the receipt of specified chemicals
from outside the state which can be used in the manufacture
of controlled substances.
CONTINUED ON ATTACHMENT:Ye4,--YES SIGNATURE: fy
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - Rehr-u-a IIry l 3 1990 APPROVED AS RECOMMENDED OTHER
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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.
F
CC: ATTESTED EB 1 3 1990
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88) DEPUTY
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* selling or. transferring specified chemicals with the
knowledge or the intent that the recipient will use the
substance to unlawfully manufacture a controlled substance.
* knowingly making a false statement in connection with any of
these reporits.
* the manufacture, compounding, converting, producing,
deriving, processing or preparing by chemical means any of a
wide number; of controlled substances.
* the possession of a variety of combinations of chemicals
with the ; intent to manufacture specified controlled
substances.
Such reimbursement is available only if the county' s costs have
not been fully reimbursed from another state or federal program.
Current law also authorizes the State, based on criteria and
procedures developed by the State Department of Justice, to
reimburse counties for costs incurred to remove, store and
dispose of toxic waste from the site of laboratories used for the
unlawful manufacture of a controlled substance.
SB 1810 , as introduced, repeals this latter provision. Instead,
the bill provides that it will be the responsibility of the State
Department of Justice to remove, store and dispose of toxic
wastes from the sites of laboratories used for the unlawful
manufacture of; controlled substances in counties with a
population under . 1, 250 ,000. The local law enforcement or
Department of Justice is required to notify the local health
officer within 24 hours .of the seizure of a laboratory used ' for
the unlawful manufacture of a controlled substance. The local
health officer is required to determine whether the site poses an
immediate threat to public health and safety, in which case the
health officer is to immediately notify the Bureau of Narcotic
Enforcement in ithe Department of Justice so that it can take
immediate corrective action. If the site does not pose an
immediate threat to public health and safety, the health officer
is to notify the, State Department of Health Services.
SB 1810 appropriates $8, 500 ,000 from the General Fund for the
following purposes:
* $4,500 , OOO ;to implement the clean-up of such sites.
* $4,000 , 0OO.1, to expand the efforts of the Bureau of Narcotic
Enforcement to establish enhanced enforcement teams assigned
to the investigation of clandestine laboratories illegally
manufacturing controlled substances.
The Sheriff (reports that the existence of clandestine
laboratories is' a significant problem in Contra Costa County.
It appears that by increasing the State effort to clean-up the
sites of clandestine laboratories which are manufacturing
controlled substances SB 1810 is consistent with the Board of
Supervisors ' war on drugs. It is therefore recommended that the
Board indicate its support. for SB 1810 .
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cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
County Health Officer
Drug Program Administrator
Chairman, Drug Abuse Advisory Board
Les Spahnni, SRJ. Jackson, Barish & Associates
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