HomeMy WebLinkAboutMINUTES - 02061990 - 1.30 1.030
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TO: BOARD OF SUPERVISORS
Phil Batchelor, County Administrator
FROM: Contra
( '`' 1LJ�t�
.:. County
DATE: January 30, 1990
� Sr'� <:UIITTi
SUBJECT: LEGISLATION: AB 2587 (Mountjoy)
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position of SUPPORT for AB 2587 by Assemblyman Mountjoy
which would add methamphetamine, anabolic steroids and chorionic
gonadotropin to the list of drugs for which probation cannot be
granted nor can the sentence be suspended when the individual is
convicted of a wide variety of specified offenses involving these
drugs, if the individual has previously been convicted of
specified offenses relating to a wide variety of controlled
substances. i
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BACKGROUND:
Under current law, it is illegal to; possess, possess for sale,
transport, import, sell, furnish, administer, give away, offer to
do any of the above or attempt to do any of the above in regard
to a wide variety of controlled substances. It is also illegal
to manufacture, compound, convert, ! produce, derive, process a
wide variety of controlled substances. It is also illegal to use
a minor to violate any of the controlled substance laws.
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The law also provides that if an! individual has - a previous
violation of many of these offenses 'and is convicted of a second
offense, probation may not be granted and the sentence may not be
suspended. However, this "prior conviction" penalty does not
apply to offenses involving methamphetamine, anabolic steroids or
chorionic gonadotropin.
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AB 2587 adds methamphetamine, anabolic steroids and chorionic
gonadotropin to the list of drugs for which a second or
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CONTINUED ONATTACHMENT:YeS YES SIGNATURE: �T
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BIOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �,(
APPROVED AS RECOMMENDED_lam 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.
County Administrator
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CC: District Attorney ATTESTED FEB 1990
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF
Public Defender
County Probation Officer SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services Director
Drug Program Chief
M382 (10/88) Chair, Drug Abuse Advisory Board BY � DEPUTY
Les Spahnn, ;
SRJ. Jackson, Barish & Associates
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subsequent conviction of any of the 'specified offenses precludes
probation or suspension of sentence.
Since AB 2587 furthers the Board' s war on drugs by eliminating
the possibility of probation or suspension of sentence for
additional drug offenses, it appears to be appropriate for the
Board to indicate it' s support for AB 2587.