HomeMy WebLinkAboutItem 5: Ordinance Concerning Municipal Court Sentencing Authority
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
not more than the age of 21 years. State statutes do not clearly provide the authority for the Municipal
Court to order similar treatment for violations of the Eugene Code.
Apart from sentencing for the offense of minor in possession, the Municipal Court also orders treatment
for violations of other Eugene Code offenses. For instance, the court has implemented programs for
offenders who do not qualify for the deferred prosecution programs. These programs involve more
intensive intervention which may include some form of treatment. An example of this is an anger
management class for offenders sentenced for harassment or assault.
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 clear authority to implement or utilize treatment programs for EC
4.115 (Minor in Possession) as well as other Eugene City Code Chapter 4 offenses.
COUNCIL OPTIONS
The council may decide to take no action and retain the existing penalty schedule in lieu of
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authorizing the court to provide assessment, treatment and education for Chapter 4 offenses.
The council may adopt the ordinance as proposed at the public hearing on September 10, 2007 (refer
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to Option A).
The council may adopt a revised ordinance (Option B) which removes reference to suspending all or
?
any portion of a sentence.
The council may adopt a revised ordinance (Option C) which specifies that the Municipal Court may
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suspend imposition of a sentence in conjunction with an order for treatment.
CITY MANAGER’S RECOMMENDATION
After considering comments from the council and reviewing state statutes defining Municipal Court
authority, the City Manager recommends that the council adopt the proposed ordinance as written in
Option B. Option B removes the language pertaining to the suspension of a sentence and clarifies the
Municipal Court’s authority to order any treatment deemed necessary for rehabilitation of the offender
and the safety of the community.
SUGGESTED MOTION
Move to adopt the ordinance amending EC 4.990 as reflected in Option B to allow for expanded judicial
authority to order any treatment as deemed necessary for the rehabilitation of the offender and safety of
the community.
ATTACHMENTS
A.Option A: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of
Chapter 4 Offenses of the Eugene City Code, 1971 (as proposed at the public hearing on September
10, 2007).
B.Option B: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of
Chapter 4 Offenses of the Eugene City Code, 1971 (removes all language pertaining to suspension of
a sentence)
C.Option C: An Ordinance Concerning Municipal Court Sentencing Authority for Violations of
Chapter 4 Offenses of the Eugene City Code, 1971 (incorporates clarification as requested by the
council)
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FOR MORE INFORMATION
Staff Contact: Kristie Hammitt
Telephone: 682-5019
Staff E-Mail: kristie.a.hammitt@ci.eugene.or.us
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ATTACHMENT A
OPTION 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
ATTACHMENT B
OPTION B
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 order any treatment, related to the
violation, 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
ATTACHMENT C
OPTION C
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 order any treatment deemed necessary for
rehabilitation of the offender and the safety of the community, and
in conjunction with such an order may suspend imposition of a
sentence, or any portion of a sentence.
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