HomeMy WebLinkAboutMINUTES - 02131990 - 1.36 i
1-®36
TO: BOARD OF SUPERVISORS s ..L_
t� .-�°_ Contra
FROM: Phil Batchelor, County Administrator f Costa
g :5
February 5 , 1990 County
DATE: �4 a c6uN�' �Pv`
LEGISLATION: AB 2645 (Eastin)
SUBJECT:
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SPECIFIC REOUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECONMUWDATION
Adopt a position in SUPPORT of AB 2645 by Assemblywoman Eastin
which expands the number of drug offenses for which increased
penalties are imposed when committed within 1000 feet of a
school, which adds an additional fine which can be imposed,
dedicates the revenue from the additional fine to county drug and
school abuse and, prevention programs and which requires a minor
to perform additional community service as a condition of
probation when convicted of possessing drugs on school grounds.
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BACKGROUND:
Under current law, an additional term of 3 , 4, or 5 years is
imposed for any person 18 years of age or older who is convicted
of possession of cocaine for sale, purchase of cocaine for
purposes of sale, transportation, import, sale, furnishing,
giving away, or of attempting to or offering to do any any of the
above in regard to cocaine, or who manufactures cocaine while he
or she is on the grounds of or within 1000 feet of a public or
private elementary, vocational, junior high school or high
school. Current law also provides that any person 18 years of
age or older who is convicted of these offenses where the
violation involves a minor who is at least 4 years younger than
the person shall also be punished by an additional full and
separately served sentence enhancement of 3 , 4, or 5 years at the
court' s discretion.
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Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON e ruary 13 , 1990
APPROVED AS RECOMMENDED 1S_ OTHER
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VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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:
Please see Paged 2 . ATTESTED FEB 1 31990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88) DEPUTY
Under current law, a minor found to be a delinquent because he or
she was found guilty of possessing controlled substances on
school grounds 'during school hours is generally required to
perform, as a condition of probation, not less than 40 hours of
community service.
AB 2645, as introduced, adds to these offenses unlawfully
preparing for sale or selling or giving away of any of a variety
of controlled substances, an imitation controlled substance, a
toluene or a toxic or a dangerous drug.
AB 2645 also requires the imposition of an additional fine of not
less than $500 or more than $3000 for any person who is found
guilty of these provisions. All fines collected under this
provision are to be deposited in equal amounts to a special
county drug abuse and prevention fund and a special county school
abuse and prevention fund.
Finally, AB 2645 increases the minimum number of hours of
community service which are to be ordered as a condition of
probation from 40 to 100.
AB 2645 appearsito be consistent with the Board of Supervisors '
war on drugs in that it broadens the number of controlled
substance offenses for which an additional enhancement can be
ordered when the offense occurs on the grounds of or within 1000
feet of a school. In addition, since AB 2645 imposes an
additional fine and dedicates the proceeds to special county drug
and school abuse and prevention funds, it makes additional
financial resources available for the war on drugs. As a result,
it is recommended that the Board indicate its support for AB
2645.
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