HomeMy WebLinkAboutItem 4: Ordinance Concerning Municipal Court Sentencing Authority
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Municipal Court Sentencing Authority for
Violations of Chapter 4 of the Eugene Code, 1971
Meeting Date: September 10, 2007 Agenda Item Number: 4
Department: Central Services Staff Contact: Kristie Hammitt
www.eugene-or.gov Contact Telephone Number: 682-5019
ISSUE STATEMENT
This is a public hearing to discuss amending Eugene City Code (EC) Section 4.990 (Penalties). The
proposed amendment is to expand Municipal Court sentencing authority for Chapter 4 offenses. The
amendment will provide judicial 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 penalties for other provisions were amended.
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
was implemented in 2003. The programs are for first-time offenders.
The court also implemented programs for chronic offenders who do not qualify for the deferred
prosecution programs. These programs involve more intensive intervention which may include some
form of treatment.
Although the authority for courts to order offender assessment and treatment for alcohol related offenses
is reflected in ORS 471.430 and ORS 471.432, it is not stated in Eugene City Code 4.990. EC 4.990
does not provide authority for the Eugene Municipal Court to impose treatment and the court does not
have authority for penalties outside of the prescribed penalty section for these Chapter 4 violations.
ORS 471.430 provides court authority to order assessment and treatment for offenders convicted for the
purchase or possession of alcohol and who are at least 18 years of age and not more than the age of 21
years. The Municipal Court is requesting the amendment to EC 4.990 to include all Eugene City Code
Chapter 4 offenses. This will provide the court authority to implement or utilize programs for other
Eugene City Code Chapter 4 offenses.
F:\CMO\2007 Council Agendas\M070910\S0709104.doc
COUNCIL OPTIONS
In considering public hearing testimony, the council may decide to retain the existing penalty schedule
in lieu of authorizing the court to provide assessment, treatment and education for chronic offenders.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of the proposed amendment to EC 4.990 to expand court
authority to allow for the suspension of all or a portion of the sentence and order treatment as deemed
necessary for the rehabilitation of the offender and safety of the community.
SUGGESTED MOTION
Not applicable.
ATTACHMENTS
A. An Ordinance Concerning Municipal Court Sentencing Authority for Violations of Chapter 4
Offenses of the Eugene City Code, 1971
FOR MORE INFORMATION
Staff Contact: Kristie Hammitt
Telephone: 682-5019
Staff E-Mail: kristie.a.hammitt@ci.eugene.or.us
F:\CMO\2007 Council Agendas\M070910\S0709104.doc
ATTACHMENT A
ORDINANCE NO. __________
AN ORDINANCE CONCERNING MUNICIPAL COURT
SENTENCING AUTHORITY FOR VIOLATIONS OF
CHAPTER 4 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The lead sentence of Subsection (1) of Section 4.990 of the Eugene
Code, 1971, is amended to provide:
4.990 Penalties - Specific
.
(1)
Violation of the following sections is punishable by fine or confinement
in jail, or both, up to the amounts indicated opposite each[:]. In
addition, the court may suspend imposition of a sentence, or any
portion of a sentence, and may order any treatment deemed
necessary for rehabilitation of the offender and the safety of the
community.
Section 2.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, may administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of _____________, 2007 ____ day of ______________, 2007
____________________________ _____________________________
City Recorder Mayor
Ordinance