HomeMy WebLinkAboutMINUTES - 03271990 - 1.43 1,419
1-043
TO: BOARD OF SUPERVISORS s...... _ Contra
FROM: •� Costa
Phil Batchelor, County Administrator County
A•, `E
DATE: 9cOrTq`EUUN'�`�v -
March 19 , 1990
SUBJECT:
LEGISLATION: AB 2645 (Eastin)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOD114MATION
Continue the Board' s 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, playground, public or private youth
center, public swimming pool or video arcade facility, 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 or any of the
other facilities noted above.
BACKGROUND
On February 13 , 1990 the Board of Supervisors voted to support AB
2645 by Assemblywoman Eastin. The bill has now been amended.
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
CONTINUED ON ATTACHMENT: yi=YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
4 APPROVE ' __/JOTHER I
SIGNATURE(S): '(/?�G�a�il/l - �Z 1r/ y
ACTION OF BOARD ON March 27 , 1990 APPROVED AS RECOMMENDED _X_ OTHER -
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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 ���.i9 if G
Please See Page 2 . PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY I'r ,DEPUTY
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.
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 amended February 22, 1990, 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.
The February 22 , 1990 amendments expand the locations where if
the prohibited activity occurs are subject to the enhanced
penalty to include on the grounds of or within 1000 feet of a
playground, public or private youth center, public swimming pool
or video arcade facility and provide that these additional
penalties apply whenever the offense occurs when these businesses
are open for business, classes or school-related activities, not
just the school is open for classes.
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 appears to 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 and expands the locations subject to these
additional penalties to include a playground, public or, private
youth center,. public swimming pool or video arcade facility. 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 continued 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