HomeMy WebLinkAboutMINUTES - 07171990 - 1.31 1, ; 1-031
TO: BOARD OF SUPERVISORS
Contra
FROM: Costa
Phil Batchelor, County Administrator x - ;a
4° County
DATE: July 10, 1990 �-T"'dduK' c4�,
SUBJECT: LEGISLATION: SB 1811 (Nielsen)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
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 and would add various offenses involving methamphetamine
to the list of offenses for which probation cannot be granted and
for which the court may not suspend execution of the sentence if
there have been prior convictions for similar offenses.
BACKGROUND:
On February 13 , 1990 the Board of Supervisors voted to support SB
1811 by Senator Nielsen. On May 1, 1990 the Board of Supervisors
voted to continue to support the bill as it was amended on April
5, 1990. On June 21, 1990 the bill was amended again.
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 June 21, 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
CONTINUED ON ATTACHMENT: VPC YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
K APPROVE OTHER
SIGNATURE(S): I*". k lll&
ACTION OF BOARD ON July 17 , 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 JUL 17 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Please see Page 2.
BY DEPUTY
M382 (10/88) '
i
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.
Also under current law a person convicted of specified offenses
relating to controlled substances may not be granted probation by
the trial court nor may the court suspend execution of the
sentence for such offenses when there have been prior conviction
for . similar offenses. Current law does not include offenses
related to methamphetamine in these provisions. SB 1811 would
add specified provisions related to methamphetamine to these
provisions.
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.
SB 1811 passed the full Senate June 12,. 1990 by a vote of 26: 0.
The bill is currently on referral to the Assembly Public Safety
Committee.
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