HomeMy WebLinkAboutMINUTES - 05151990 - 1.48 TO: BOARD OF SUPERVISORS s L,
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FROM: Costa
Phil Batchelor, County Administrator g
DATE: May ,7 1990 °o's_ cT�,�o County
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SUBJECT: LEGISLATION: AB 2896 (Hunter)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECO14MENDATION
Indicate that the Board of Supervisors continues to SUPPORT AB
2896 by Assemblywoman Hunter which would eliminate the right of a
court to reinstate in an alcohol treatment program an individual
who has failed to follow the rules of an alcohol treatment
program in which they have been participating. The bill would
also add reckless driving where consumption of an alcoholic
beverage was involved to the list of offenses for which a court
can suspend or delay for one year the driving privileges of an
individual between the ages of 13 and 21. The bill also
prohibits referral of a repeat alcohol or drug offender to a 30
month alcohol or drug treatment program.
BACKGROUND:
On March 6 , 1990 the Board of Supervisors voted to support AB
2896 by Assemblywoman Hunter. On April 16, 1990 the bill was
amended.
Under current law a person subject to having their driving
privilege revoked or suspended on the basis that they were
convicted of driving while under the influence of alcohol or
alcohol and any drug, may have their driving privilege only
restricted if they participate in a program of alcohol services
for problem drinkers. However, if the individual fails to comply
CONTINUED ON ATTACHMENT:Ye s YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON May , APPROVED AS RECOMMENDED ,Xr OTHER
VOTE OF SUPERVISORS
��// I HEREBY CERTIFY THAT THIS IS A TRUE
-4 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: MAY 15
ATTESTED
Please see Page 2 . PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88) ,DEPUTY
with the rules and policies of the program the individual 's
driving privilege may be revoked or suspended. However, under
current law, a court may reinstate the individual to the alcohol
program if the court is convinced that the individual should be
reinstated in the program If the court reinstates the
individual, the individual' s driving privileges cannot be
suspended or revoked but instead may only be restricted. The law
provides the court no guidelines or basis for reinstating the
individual to the alcohol program.
AB 2896 repeals the right of the court to reinstate the
individual to the alcohol program.
Under current law, a court is required to suspend or delay , for
one year the driving privileges of a person under the age of 21
but 13 years of age or older who commits any of several specified
offenses. AB 2896 would add to this list of offenses that of
reckless driving when the prosecution makes a factual statement
that there was consumption of an alcoholic beverage, or ingestion
or administration of any drug involved in the offense.
Also, under existing law in those cases involving alcohol or
drugs, a repeat offender may be .required as a condition of
probation to participate in a specified alcohol or drug treatment
program of 18 or 30 months duration. AB 28961 as amended April
16, 1990 , would prohibit referral of those persons to a 30-month
program.
It appears that passage and enactment of AB 2896 would further
the Board' s war on drugs since it imposes more strict rules on
those who are found guilty of driving while under the influence
of alcohol or alcohol and other drugs. It is therefore
recommended that the Board of Supervisors continue to indicate
its support for AB 2896 , as amended April 16 , 1990 .
cc: Assemblywoman Hunter
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Alcohol Program Administrator
Chair, Drug. Abuse Advisory Board
Chair, Alcohol Advisory Board
Les Spahnn, SRJ. - Jackson, Barish & Associates