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HomeMy WebLinkAboutMINUTES - 04171990 - 1.32 /, .3-Z. TO: BOARD OF SUPERVISORS ... Contra FROM: Phil Batchelor, County Administrator o s Costa _ P° County DATE: April 12 1990 `� — ``y P t��COUNT SUBJECT: LEGISLATION - SB 1231 (McCorquodale) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONIlENDATION Indicate that the Board of Supervisors continues to SUPPORT SB 1231 by Senator McCorquodale (as amended March 12, 1990) which would add to the list of offenses for which probation cannot be granted and the execution or imposition of the sentence cannot be suspended when the individual has prior convictions of a variety of controlled substance offenses, require a court to confine a juvenile to a locked facility for 10 days for specified offenses and which would require the State Department of Corrections to provide programs for drug and alcohol abuse education and treatment. BACKGROUND: On March 27 , 1990 the Board of Supervisors voted to support SB 1231 by Senator McCorquodale as it was amended February 15 , 1990. On March 12, 1990 the bill was again amended. Existing law specifies the punishment for the unlawful possession of specified controlled substances depending on the nature of the substance and the amount of the substance. SB 1231 by Senator McCorquodale, as amended March 12, 1990 , would do the following: 1. Adds to the list of offenses for which probation cannot be granted and the execution or imposition of the sentence cannot be suspended when the individual has been convicted CONTINUED ON ATTACHMENT,Ye S YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ajar-1111 1:7T19 90 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 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 APR 17 1990 Please see Page 2 . PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY � DEPUTY -2- previously of a variety of controlled substance offenses, felony conviction for the sale, possession for sale or possession of controlled substances on the grounds of or within any school during hours when the school is open for classes or school-related programs or on the grounds of a public playground during the hours when school-related programs for minors are being conducted. 2. Require a court to confine a juvenile to a locked facility for 10 days if the juvenile has been found to be a person who is under the jurisdiction of the juvenile court for unlawfully possessing, possessing for sale or selling controlled substances which constitutes a felony and would extend this provision to possession of controlled substances on the grounds of a public playground during the hours when school-related programs for minors are conducted. 3 . Require the Director of Corrections to establish programs for drug and alcohol abuse education and treatment for inmates who have been identified by the department as suffering from drug or alcohol abuse or dependency. Since SB 1231 increases the punishment for a variety of controlled substance offenses and provides drug and alcohol education and treatment programs for individuals confined in state prisons the bill appears to be consistent with the Board of Supervisors ' war on drugs. It would therefore appear to be appropriate for the Board of Supervisors to indicate its continued support for SB 1231. cc: County Administrator District Attorney Sheriff-Coroner County Probation Officer Health Services Director Drug Program Administrator Chair, Drug Abuse Advisory Board Les Spahnn, SRJ. Jackson, Barish & Associates