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<br />not more than the age of 21 years. State statutes do not clearly provide the authority for the Municipal <br />Court to order similar treatment for violations of the Eugene Code. <br /> <br />Apart from sentencing for the offense of minor in possession, the Municipal Court also orders treatment <br />for violations of other Eugene Code offenses. For instance, the court has implemented programs for <br />offenders who do not qualify for the deferred prosecution programs. These programs involve more <br />intensive intervention which may include some form of treatment. An example of this is an anger <br />management class for offenders sentenced for harassment or assault. <br /> <br />The Municipal Court is requesting the amendment to EC 4.990 to include all Eugene City Code Chapter <br />4 offenses. This will provide the court clear authority to implement or utilize treatment programs for EC <br />4.115 (Minor in Possession) as well as other Eugene City Code Chapter 4 offenses. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />The council may decide to take no action and retain the existing penalty schedule in lieu of <br />? <br /> <br />authorizing the court to provide assessment, treatment and education for Chapter 4 offenses. <br />The council may adopt the ordinance as proposed at the public hearing on September 10, 2007 (refer <br />? <br /> <br />to Option A). <br />The council may adopt a revised ordinance (Option B) which removes reference to suspending all or <br />? <br /> <br />any portion of a sentence. <br />The council may adopt a revised ordinance (Option C) which specifies that the Municipal Court may <br />? <br /> <br />suspend imposition of a sentence in conjunction with an order for treatment. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br /> <br />After considering comments from the council and reviewing state statutes defining Municipal Court <br />authority, the City Manager recommends that the council adopt the proposed ordinance as written in <br />Option B. Option B removes the language pertaining to the suspension of a sentence and clarifies the <br />Municipal Court’s authority to order any treatment deemed necessary for rehabilitation of the offender <br />and the safety of the community. <br /> <br /> <br />SUGGESTED MOTION <br /> <br />Move to adopt the ordinance amending EC 4.990 as reflected in Option B to allow for expanded judicial <br />authority to order any treatment as deemed necessary for the rehabilitation of the offender and safety of <br />the community. <br /> <br /> <br />ATTACHMENTS <br /> <br /> <br />A.Option A: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of <br />Chapter 4 Offenses of the Eugene City Code, 1971 (as proposed at the public hearing on September <br />10, 2007). <br /> <br />B.Option B: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of <br />Chapter 4 Offenses of the Eugene City Code, 1971 (removes all language pertaining to suspension of <br />a sentence) <br /> <br />C.Option C: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of <br />Chapter 4 Offenses of the Eugene City Code, 1971 (incorporates clarification as requested by the <br />council) <br /> L:\CMO\2007 Council Agendas\M071008\S0710085.doc <br /> <br />