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HomeMy WebLinkAboutMINUTES - 05151990 - 1.38 1.- 038 iM TO: BOARD OF SUPERVISORS Contra FROM: Costa Phil Batchelor, County Administrator -'`s Count DATE: May 7, 1990 . °s;a-�o-N�`P~ - Y SUBJECT: LEGISLATION: AB 574 (Harvey) SPECIFIC REQUEST(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 establish a process for denying bail when a peace officer has reason to believe the bail funds were obtained feloniously and the defendant is charged with specified controlled substance offenses. and is already 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 . On March 13 , 1990 the Board of Supervisors voted to continue its support of the bill as it was amended on February 15, 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 CONTINUED ON ATTACHMENT:YZ�,%_YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ( �� 1W ACTION OF BOARD 15 , 199O APPROVED AS RECOMMENDED 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- MAY 15 1990. PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Please see Page 2. M382 (10/88) BY DEPUTY 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 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 April 17, 1990, provides 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 where manufacturing phencyclidine or methamphetamine may be pleaded and proven, and a peace officer has reasonable cause to believe that the source of the 'bail was obtained feloniously the peace officer is required to prepare a declaration setting forth the facts in support of his or her belief and file it with a magistrate. The defendant may also make application to the magistrate for release on bail. The. magistrate could deny bail pending a hearing. The bill would also provide that the defendant would be entitled to release on posting the amount of bail if after making application for release n6 order granting or denying bail is issued within 8 hours after booking. In addition, for any defendant found to have willfully mislead the court regarding the source of bail, the bail may be increased. AB 574, as amended April 17, 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. cc: Assemblyman Trice Harvey 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