HomeMy WebLinkAboutMINUTES - 03131990 - 1.25 �. c25
TO: BOARD OF SUPERVISORS Contra
FROM:
Phil Batchelor, County Administrator Costa
of :s
. ._ �o Count
DATE: March 6, 1990 °os;q c�U���P" y
SUBJECT: LEGISLATION - AB 3009 (McClintock)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOrIIEENDATION
Adopt a position of SUPPORT for AB 3009 by Assemblyman McClintock
which would require that at least 48 hours of imprisonment for
driving under the influence be served continuously.
BACKGROUND
Under existing law, a first offense of driving under the
influence of alcohol, any drug, or the combined influence of
alcohol and any drug, or with . 080 or more blood alcohol level,
is punishable by imprisonment in the county jail for not less
than 96 hours nor more than 6 months, and a fine of not less than
$390 nor more than $1000 . Under current law the court has the
discretion to order that any person who is to be punished by
imprisonment in the county jail be imprisoned on days other than
the days of the person' s regular employment. This typically
means that the individual serves his or her sentence on weekends.
AB 3009 would limit the court' s discretion to some extent in some
cases by specifying that of the period of imprisonment in the
county jail, 48 hours of it must be served continuously. This
would preclude the court from allowing the individual to, for
instance, serve his or her entire sentence on Sundays only.
To the extent that AB 3009 imposes more strict sentences on those
convicted of driving under the influence, or with an excessive
CONTINUED ON ATTACHMENT: YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON- D-Ua-rch 1-3 , 1990 APPROVED AS RECOMMENDED A 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. QQ
CC: ATTESTED MAR 13 1990
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY DEPUTY
-2-
blood alcohol level, the bill appears to be consistent with the
Board of Supervisors' war on drugs. It is therefore recommended
that the Board of Supervisors indicate its support for AB 3009 .
AB 3009 was introduced on February 20, 1990 and is currently
pending a hearing before the Assembly Public Safety Committee.
cc: County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Alcohol Program Administrator
Acting Municipal Court Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates