HomeMy WebLinkAboutMINUTES - 02061990 - 1.28 1_®A e
TO: BOARD OF SUPERVISORS .E. L Contra
FROM:
Phil Batchelor, County Administrator ''< Costa
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County
DATE: January 30 1990
SUBJECT: LEGISLATION: AB 574 (Harvey & others)
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of SUPPORT for AB 54 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 misrepresentation
of the source of the bail is cause for increasing the bail.
BACKGROUND:
Under current law, a judge or magistrate, in setting, reducing or
denying bail is required to take into consideration the
protection of the public, the seriousness of the offense which is
charged, the previous criminal record of the defendant and the
probability that the defendant will lappear at trial. The public
safety is required to be the primary consideration. No bail bond
may be accepted unless the judge or Imagistrate 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 use or possession of controlled substances by the
defendant.
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
CONTINUED ON ATTACHMENT:Y_e�&_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ��EC
ACTION OF BOARD ON February 6-,r-1990 APPROVED AS RECOMMENDED X 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: county ,4BS t taz OF SUPERVISORS ON THE DATE SHOWN.
CC: District Attorney ATTESTED FEB 6 1990
Sheriff-Coroner
Public Defender PHIL BATCHELOR,CLERK OF THE BOARD OF
County Probation Officer SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services Director GZ
Drug Program Chief
M382 (10/88) Chair, Drug Abuse Advisory Board BY DEPUTY
Les Spahnn,
SRJ. Jackson, Barish & Associates
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 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 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 has a case pending for a violation of any
of the above offenses or specified offenses regarding heroin,
cocaine base, 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
bail bond may be accepted without a court hearing into the source
of the bail. In addition, for any defendant found to have
willfully mislead the court regarding the source of bail, the
bail may be increased.
AB 574 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
indicate its support for AB 574.
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