HomeMy WebLinkAboutMINUTES - 06051990 - 1.68 TO: BOARD OF SUPERVISORS SE
Contra
FROM:
Phil Batchelor, County Administrator o 's Costa
County
DATE:
May 30 , 1990
SUBJECT:
LEGISLATION: AB 2645 (Eastin)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Continue the Board' s position in SUPPORT of AB 2645 by
Assemblywoman Eastin which expands the number of drug offenses
for which increased penalties are imposed when committed within
1000 feet of a school, playground, public or private youth
center, public swimming pool or video arcade facility, which adds
an additional fine which can be imposed, dedicates the revenue
from the additional fine to county drug and school abuse and
prevention programs and which requires a minor and the minor ' s
parents to perform additional community service as a condition of
probation when convicted of possessing drugs on school grounds or
any of the other facilities noted above.
BACKGROUND:
On February 13 , 1990 the Board of Supervisors voted to support AB
2645 by Assemblywoman Eastin. On March 27 , 1990 the Board voted
to continue its support of AB 2645 as amended February 22, 1990.
On April 30 , 1990 the bill was again amended.
Under current law, an additional term of 3 , 4, or 5 years is
imposed for any person 18 years of age or older who is convicted
of possession of cocaine for sale, purchase of cocaine for
purposes of sale, transportation, import, sale, furnishing,
giving away, or of attempting to or offering to do any any of the
above in regard to cocaine, or who manufactures cocaine while he
CONTINUED ON ATTACHMENT:Y�_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
n APPROVE OTHER
J
SIGNATURE(S):
ACTION OF BOARD ON June 51 1 A 9 n 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— . lz,2� /�?
PHIL BAT ELOR,CLERK OF THE BOARD OF
Please see Page 3 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY
M382 (10/88) ,DEPUTY
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or she is on the grounds of or within 1000 feet of a public or
private elementary, vocational, junior high school or high
school. Current law also provides that any person 18 years of
age or older who is convicted of these offenses where the
violation involves a minor who is at least 4 years younger than
the person shall also be punished by an additional full and
separately served sentence enhancement of 3 , 4, or 5 years at the
court' s discretion.
Under current law, a minor found to be a delinquent because he or
she was found guilty of possessing controlled substances on
school grounds during school hours is generally required to
perform, as a condition of probation, not less than 40 hours of
community service.
AB 2645, as amended April 30, 1990, adds to these offenses
unlawfully preparing for sale or selling or giving away of any of
a variety of controlled substances, an imitation controlled
substance, a toluene or a toxic or a dangerous drug.
The bill expands the locations where if the prohibited activity
occurs are subject to the enhanced penalty to include on the
grounds of or within 1000 feet of a playground, public or private
youth center, public swimming pool or video arcade .facility and
provide that these additional penalties apply whenever the
offense occurs when these businesses are. open for business,
classes or school-related activities, not just the school is open
for classes.
AB 2645 also requires the imposition of an additional fine of not
less than $500 or more than $3000 for any person who is found
guilty of these provisions. All fines collected under this
provision' are to be deposited. in equal amounts to a special
county drug abuse and prevention fund and a special county school
abuse and. prevention fund.
AB 2645 expands the conditions under which a minor can be found
to be a delinquent by reason of the unlawful possession, use,
sale or other furnishing of a controlled substance or other
defined substances, to include within 1000 feet of, in addition
to on the grounds of a school, playground, public or private
youth center, public. swimming pool or video arcade facility while
these facilities are open for business, classes or school-related
activity.
AB 2645 increases the minimum number of hours of community
service which are to be ordered as a condition of probation for a
minor who is found to be a delinquent, as noted in the above
paragraph, from 40 to 100 and requires the parents or guardian of
the minor as well as the minor to perform the community service.
AB 2645 continues to appear to be consistent with the Board of
Supervisors ' war on drugs in that it broadens the number of
controlled substance offenses for which an additional enhancement
can be ordered when the offense occurs on the grounds of or
within 1000 feet of a school and expands the locations subject to
these additional penalties to include a playground, public or
private youth center, public swimming pool or video arcade
facility. In addition, since AB 2645 imposes an additional fine
and dedicates the proceeds to special county drug and school
abuse and prevention funds , it makes additional financial
resources available for the war on drugs. As a result, it is
recommended that the Board indicate its continued support for AB
2645.
AB 2645 is pending . a hearing date in the Assembly Judiciary
Committee.
cc: Assemblywoman Delaine Eastin
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