Item 3: PH/Ord.on Offenses - Laserfiche WebLink

Home Browse Search

EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning Offenses: Amending Sections 4.105, 4.807 and 4.990 of the Eugene Code, 1971; Adding Sections 4.710, 4.728, 4.822, 4.880 and 4.922 to that Code Meeting Date: July 25, 2005 Agenda Item Number: 3 Department: Central Services, City Prosecutor Staff Contact: Dan Barkovic www. eugene-or, gov Contact Telephone Number: 682-8414 ISSUE STATEMENT This item is a public hearing on proposed changes to Chapter 4 of the Eugene Code. The changes being proposed add seven new offenses to the Eugene Code, to allow prosecution of these offenses in Eugene Municipal Court, and include some minor language changes in the description of two other offenses currently in the Eugene Code. BACKGROUND The council received a memo entitled "Prosecuting Additional Misdemeanors in Eugene Municipal Court" on June 30, 2005. The memo explained that as of May 10, 2005, the Lane County District Attorney's Office (DA) stopped prosecuting most non-violent misdemeanor crimes due to budget constraints, a decision that significantly affects the quality of life and sense of safety within the city of Eugene. As the District Attorney's Office has attempted to reduce its workload to match its reduced number of staff, the media has reported on the changes in prosecution for various offenses. On May 10, after receiving feedback from the State Police, District Attorney Harcleroad issued a modified list of offenses that would no longer be prosecuted (Attachment A). The DA continues to prosecute any misdemeanor filed in conjunction with a felony offense, and in rare instances when the crime is aggravated and a police supervisor requests an exception. The Eugene Municipal Court, which in 2004 adjudicated over 7,000 misdemeanor cases in addition to approximately 27,000 traffic and ordinance violations, has experienced a 26% increase since 2002 in case processing activity for all case types. Attachment B illustrates how selected misdemeanor offenses, such as DUll and Petty Larceny, have increased during that period of time. The June 30 memorandum to the Mayor and City Council highlighted the many changes made by the City Prosecutor and Municipal Court over the past two years to streamline case processing and avoid a backlog in dealing with increasing case load. These innovative program options and efficiencies have helped to maintain a fragile balance between the judicial and law enforcement partners of the local criminal justice system. For example, the number of misdemeanor cases reduced to violations has increased. When a case is reduced to a violation and the defendant is found guilty, the sanction is limited to a fine or community service rather than jail time. The defendant is also no longer eligible for a jury trial or public defender. If the defendant does not appear, rather than issuing a warrant, the case goes "guilty by default" and the L:\CMO\2005 Council Agendas\M050725\S0507253.doc