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<br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Public Hearing: An Ordinance Concerning Municipal Court Sentencing Authority for <br />Violations of Chapter 4 of the Eugene Code, 1971 <br /> <br /> <br /> <br />Meeting Date: September 10, 2007 Agenda Item Number: 4 <br />Department: Central Services Staff Contact: Kristie Hammitt <br />www.eugene-or.gov Contact Telephone Number: 682-5019 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />This is a public hearing to discuss amending Eugene City Code (EC) Section 4.990 (Penalties). The <br />proposed amendment is to expand Municipal Court sentencing authority for Chapter 4 offenses. The <br />amendment will provide judicial authority to order offender treatment as deemed necessary for <br />rehabilitation of the offender and safety of the community. <br /> <br /> <br />BACKGROUND <br />The council has periodically amended EC 4.990 when new provisions are added to the chapter or to <br />amend the penalty for an existing offense to conform to State legislative changes. The most <br />recent amendment to the penalty schedule initiated by Municipal Court occurred in July 2005, when new <br />provisions authorized by the legislature were added and penalties for other provisions were amended. <br /> <br /> <br />RELATED CITY POLICIES <br />With the council’s encouragement and support, the City implemented an educational deferred <br />prosecution program for alcohol related offenses in 2000 and a similar program for marijuana offenders <br />was implemented in 2003. The programs are for first-time offenders. <br /> <br />The court also implemented programs for chronic offenders who do not qualify for the deferred <br />prosecution programs. These programs involve more intensive intervention which may include some <br />form of treatment. <br /> <br />Although the authority for courts to order offender assessment and treatment for alcohol related offenses <br />is reflected in ORS 471.430 and ORS 471.432, it is not stated in Eugene City Code 4.990. EC 4.990 <br />does not provide authority for the Eugene Municipal Court to impose treatment and the court does not <br />have authority for penalties outside of the prescribed penalty section for these Chapter 4 violations. <br /> <br />ORS 471.430 provides court authority to order assessment and treatment for offenders convicted for the <br />purchase or possession of alcohol and who are at least 18 years of age and not more than the age of 21 <br />years. The Municipal Court is requesting the amendment to EC 4.990 to include all Eugene City Code <br />Chapter 4 offenses. This will provide the court authority to implement or utilize programs for other <br />Eugene City Code Chapter 4 offenses. <br /> F:\CMO\2007 Council Agendas\M070910\S0709104.doc <br /> <br />