HomeMy WebLinkAboutMINUTES - 06121990 - 1.38 1-035
BOARD OF SUPERVISORS
s Contra
FROM: Phil Batchelor, County Administrator � .� - s
Costa
Count
(�, �Pr
June 4, 19 9 0 s;A_ N Y
DATE:
SUBJECT: LEGISLATION - AB 3009 ''(McClintock)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONMOODATION
Indicate that the BoardofSupervisors continues to SUPPORT AB
3009 by Assemblyman McClintock which would require that at least
48 hours of imprisonment for driving under the influence be
served continuously. However, if the court determines that 48
hours of continuous imprisonment would interfere with the
individual' s work schedule, the court may allow the imprisonment
to be served whenever the individual is normally scheduled for
time off from work.
BACKGROUND
On March 13 , 1990 the Board of Supervisors voted to support AB
3009 as it was introduced. On May 2 , 1990 the bill was amended.
Under existing law, a '' first offense of driving under the
influence of alcohol, any drug, or the combined influence of
alcohol and any drug, or, with . 080 or more blood alcohol level,
is punishable by imprisonment in the county jail for not less
than 96 hours nor more than 6 months, and a fine of not less than
$390 nor more than $10001. Under current law, the court has the
discretion to order that any person who is to be punished by
imprisonment in the county jail be imprisoned on days other than
the days of the person''' s regular employment. This typically
means that the individual serves his or her sentence on weekends.
AB 3009 would limit the court' s discretion to some extent in some
cases by specifying that 'of the period of imprisonment in the
CONTINUED ON ATTACHMENT:Ye�SYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
L APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 12 , 1990 APPROVED AS RECOMMENDED OTHER
i
li
VOTE OF UPERVISORS
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 JUN 12 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382 (10/88)
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county jail, 48 hours of it must be served continuously. This
would preclude the court from allowing the individual to, for
instance, serve his or ' her entire sentence on Sundays only.
However, the May 2 amendments allow the court to allow the
defendant to serve the imprisonment on days the individual is
normally scheduled for time off from work if the court finds that
48 hours of continuous x1'1imprisonment would interfere with the
individual' s work schedule. If, for example,, an individual works
a schedule where they do not typically have two days off together
and that serving 48 hours of their imprisonment continuously
would interfere with the,, person' s work schedule the court could
allow the defendant to serve their imprisonment on their days
off, even if not continuous.
To the extent that AB 3069 imposes more strict sentences on those
convicted of driving under the influence, or with an excessive
blood alcohol level, theibill appears to be consistent with the
Board of Supervisors ' war on drugs. It is therefore recommended
that the Board of Supervisors continue to indicate its support
for AB 3009.
AB 3009 passed the Assembly Public Safety Committee on April 24 ,
1990 by a vote of 7 : 0. The bill passed the full Assembly on May
10, 1990 by a vote of 65: 0 and is currently on referral to the
Senate Judiciary Committee.
cc: Assemblyman Tom McClintock
County Administrator
District Attorney
Sheriff-Coroner
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County Probation Officer
Health Services Director
Alcohol Program Administrator
Municipal Court Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates
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