HomeMy WebLinkAboutMINUTES - 05151990 - 1.45 1-045
TO: BOARD OF SUPERVISORS sE L Contra
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FROM: Costa
Phil Batchelor, County Administrator g, s
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DATE: May 7, 1990 srq-couK� -
SUBJECT: LEGISLATION: SB 2687 (Marks)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMEMATION:
Adopt a position in SUPPORT of SB 2687 by Senator Milton Marks
which would permit a court to stay a jail term pending the
defendant' s successful completion of an in-patient drug treatment
program, after which the jail sentence would be suspended. The
sentence would be mandatory if the defendant failed to
successfully complete the program.
BACKGROUND:
Under current law, a person is prohibited from using or being
under the influence of specified controlled substances. Existing
law makes violation of this provision a misdemeanor punishable by
not less than 90 days nor more than one year in the county jail.
A jail term of at least 90 days is mandatory.
Senator Marks has introduced SB 2687 which would provide an
opportunity for a defendant to avoid jail time by completing an
in-patient drug treatment program. Specifically, SB 2687
provides that the court may stay the minimum jail sentence of 90
days on the condition that the defendant participate in an
in-patient drug treatment program. If the defendant successfully
completes the program the court is required to suspend the
sentence. However, if the defendant fails to successfully
complete the drug treatment program, the defendant is required to
serve the sentence imposed by the court.
CONTINUED ON ATTACHMENT:Ye.&_YES SIGNATURE: y�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE /J OTHER/J
SIGNATURE(SL
ACTION OF BOARD ON May 15, ;:99Q 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
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY DEPUTY
By encouraging an individual to seek and complete treatment for a
drug problem, SB 2687 provides a humane and workable alternative
to jail time and should assist in rehabilitating those defendants
who are sincerely interested in getting treatment. It is
therefore recommended that the Board of Supervisors indicate
their support for SB 2687.
cc: Senator Marks
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Chair, Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates