HomeMy WebLinkAboutMINUTES - 07101990 - 1.74 TO: BOARD OF SUPERVISORS Contra
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FROM: -_ Costa
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Phil Batchelor, County Administrator Cunt
v
DATE: July 5, 1990
SUBJECT: LEGISLATION: AB 3407 (Tucker)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECODDIENDATION:
Indicate that the Board of Supervisors continues to SUPPORT AB
3407 by Assemblyman Tucker which would authorize a court, under
specified circumstances, to allow a person convicted of being
under the influence of specified controlled substances to enter a
drug rehabilitation program as an alternative to serving time in
jail. The bill also increases penalties on a person who has
prior convictions of this offense and refuses to enter a drug
rehabilitation program.
BACKGROUND:
On June 19, 1990 the Board of Supervisors voted to support AB
3407 as it was amended May 15, 1990. On June 13 , 1990 the bill
was amended again.
Current law prohibits a person from being under the influence of
specified controlled substances. An individual convicted of
violating this provision is guilty of a misdemeanor and must be
sentenced to not less than 90 days and not more than one year in
the county jail. The court may place the person on probation for
a period not to exceed five years, but must, as a part of the
probation, sentence the person to serve at least 90 days in jail.
Certain individuals are eligible for diversion.
In an effort to rehabilitate rather than merely punish an
individual, Assemblyman Tucker has introduced AB 3407. As
CONTINUED ON ATTACHMENTyeS—YES SIGNATURE:
�( RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON .Til1 y 1-0., 1990 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 o
PHIL BATVHELOR,GVERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88)
BY � -DEPUTY
amended June 13 , 1990, AB 3407 would authorize the court, when it
would be in the interest of justice, to permit an individual
convicted of being under the influence of a controlled substance,
whether for the first time or for not to exceed two prior
convictions within a seven year period, to complete a licensed
drug rehabilitation program in lieu of part or all of the
imprisonment in county jail. In order to alleviate jail
overcrowding and to provide recidivist offenders with a
reasonable opportunity to seek rehabilitation pursuant to these
provisions, the bill encourages counties to include provisions to
augment licensed drug rehabilitation programs in their substance
abuse proposals and applications submitted to the state for
federal and state drug abuse funds.
In addition, any person who is convicted of being under the
influence of a controlled substance when they have already been
convicted of the same offense on two occasions within the past
seven years and who refuses to enter a drug rehabilitation
program would have to be sentenced to at least 180 days in the
county jail and the court could not absolve the defendant from
serving at least 180 days in the county jail unless there are no
licensed drug rehabilitation programs reasonably available.
By providing both increased punishment for those who do not
appear interested in recovering from a drug addiction and at the
same time providing an opportunity for those who do want
rehabilitation the opportunity to enter a drug rehabilitation
program rather than spending time in jail, AB 3407 appears to be
entirely consistent with the Board of Supervisors Alcohol and
Drug Action Plan. It is therefore recommended that the Board of
Supervisors indicate its support for AB 3407.
AB 3407 passed , the Assembly Public Service Committee on May 8 by
a vote of 6: 0. The bill passed the Assembly Ways and Means
Committee June 13, 1990 by a vote of 21: 0 and the full Assembly
June 14, 1990 by a vote of 68: 2. The bill is currently, on
referral to the Senate Judiciary Committee.
cc: Assemblyman Curtis Tucker, Jr.
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates