HomeMy WebLinkAboutMINUTES - 05011990 - 1.43 1-043
TO: BOARD OF SUPERVISORS `'� -'.. Contra
FROM: t Costa
Phil Batchelor, County Administrator
County
DATE: April 24, 1990
SUBJECT: LEGISLATION: SB 1811 (Nielsen)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMATION:
Indicate that the Board of Supervisors continues to SUPPORT SB
1811 by Senator Nielsen which would increase the penalties for
manufacturing, compounding, converting, producing, deriving,
processing or preparing by certain chemical means any of a wide
range of controlled substances from 3 , 5, or 7 years and a fine
not exceeding $50,000 to 3, 6 or 9 years and a fine not exceeding
$50 ,000,
BACRGROUM:
On February 13, 1990 the Board of Supervisors voted to support SB
1811 by Senator Nielsen. On April 5, 1990 the bill was amended.
Under current law the penalty for being convicted of
manufacturing, etc. a wide range of controlled substances is 3 ,
5, or 7 years in the state prison and a fine not exceeding
$50,000 .
SB 1811, as amended April 5, 1990, would increase this penalty to
3, 6, or 9 years, but would not increase the maximum amount of
the fine. All fines collected under this section of the law
currently are sent to the State, where they are deposited in the
Clandestine Drug Lab Clean-up Account. This provision of law
would continue in effect under SB 1811.
The April 5, 1990 amendment reduces the extent of the increase in
the penalty which, as the bill was introduced, would have
increased the penalty to 7 , 10 or 15 years.
CONTINUED ON ATTACHMENT:AYES SIGNATURE: X'
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X"APPROVE OTHER
SIGNATURE(S): f'1 .
ACTION OF BOARD ON May 1, 19 9 O APPROVED AS RECOMMENDED_L_ 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 4/-Z&'('1 Please see Page 2. PHIL BATCHELOR,CLAK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
Since SB 1811 continues to increase the penalties on those who
manufacture controlled substances, the bill appears to be
consistent with the Board of Supervisors ' war on drugs. It is
therefore recommended that the Board indicate its continued
support for SB 1811 .
cc: Senator Nielsen
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
,Superior Court Administrator
Municipal Court Administrator
Drug Program Administrator
Chair, Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates