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HomeMy WebLinkAboutMINUTES - 03131990 - 1.17 1-017 /4/) TO: BOARD OF SUPERVISORS FROM: Contra ' - Costa Phil Batchelcir�t.County Administrator ` J. g; DATE: March 6, 199 Q�/ �'' Y`°�4 County sT"1 COtiSK'� SUBJECT: LEGISLATION: AB 574 (Harvey) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION- Continue the Board's position of SUPPORT for AB 574 by Assemblyman Harvey and ten co-authors which would prohibit the acceptance of bail without a court hearing into the source of the bail when a defendant has been arrested for specified controlled substance offenses and is on probation for a violation of one of those controlled substance offenses. The bill also provides that willful misrepresentation of the source of the bail is cause for increasing the bail. BACKGROUND: On February 6, 1990 the Board of Supervisors voted to support AB 574 by Assemblyman Harvey. On February 13 , 1990 the Board of Supervisors voted to continue their support of AB 574 in view of the amendments which were made to the bill January 18, 1990. The bill has now been amended again. 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 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 CONTINUED ON ATTACHMENT:"VPq_YES SIGNATURE:&��/k, z,// 1W LW4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE - APPROVE OTHER SIGNATURES ACTION OF BOARD ON h 13 1990 APPROVED AS RECOMMENDED X OTHER 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: ATTESTED NAR 13 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY -2- 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 the commission of the offense and whether the defendant is currently released on bail for an alleged violation of any of these drug offenses. AB 574, as amended on January 18, 1990, provided 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 where 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. 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. The February 15, 1990 amendments limit this provision to cases where the person is on probation for one of these controlled substance offenses, rather than simply on probation for any offense. AB 574, as amended February 15, 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. AB 574 passed the Assembly January 29, 1990 as amended January 18, 1990 and is scheduled for a hearing in the Senate Judiciary Committee on March 6, 1990. 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. 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