Item 5: Ordinance Concerning Municipal Court Sentencing Authority

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of Chapter 4 Offenses of the Eugene City Code, 1971 Meeting Date: October 8, 2007 Agenda Item Number: 5 Department: Central Services Staff Contact: Kristie Hammitt www.eugene-or.gov Contact Telephone Number: 682-5019 ISSUE STATEMENT This is a request for City Council action to adopt an ordinance amending Section 4.990 (Penalties) of the Eugene Code, 1971 (EC). The amendment will clarify Municipal Court sentencing authority to order offender treatment as deemed necessary for rehabilitation of the offender and safety of the community. BACKGROUND The council has periodically amended EC 4.990 when new provisions are added to the chapter or to amend the penalty for an existing offense to conform to State legislative changes. The most recent amendment to the penalty schedule initiated by Municipal Court occurred in July 2005, when new provisions authorized by the legislature were added and the penalties for other provisions were amended. A public hearing on this proposed ordinance was held on September 10, 2007. At the public hearing, the council recommended modifying the ordinance to clarify the language pertaining to suspending all or any portion of a sentence. After considering comments from the council, reviewing the Municipal Court’s authority under ORS 137.010 to suspend sentences, and reviewing other statutory provisions related to Municipal Court sentencing authority, the Municipal Court and City Attorney’s Office recommend deletion of the reference in the ordinance to suspending sentences. RELATED CITY POLICIES With the council’s encouragement and support, the City implemented an educational deferred prosecution program for alcohol-related offenses in 2000 and a similar program for marijuana offenders in 2003. The programs are for first-time offenders. Prior to implementing the programs for alcohol-related offenses, the council approved a penalty increase in EC 4.990(1) from $100 to $250 for violations of EC 4.115 (Minor in Possession). At the time, this made the City Code penalty schedule more consistent with state statute. The other intent of the fine increase was to provide Eugene Municipal Court judges with greater local discretion to deal effectively with alcohol-related offenses. However, the update to EC 4.990(1) did not include language specifically providing for judicial authority to order treatment. ORS 471.430 provides court authority to order assessment and treatment for offenders convicted of the state statutory offense of purchasing or possessing alcohol by those who are at least 18 years of age and L:\CMO\2007 Council Agendas\M071008\S0710085.doc