|
TO: |
HONORABLE MAYOR AND CITY COUNCIL |
FROM: |
Richard Doyle City Attorney |
|
SUBJECT: |
DATE: |
8/14/2003 |
RECOMMENDATION
Approval of recommended changes to the City of San Jose Bail Schedule and direction to the City Attorney to submit the recommended changes in the Bail Schedule to the Superior Court Bail Committee.
BACKGROUND
California Penal Code Section 1269b(d) requires each county superior court to prepare, adopt and revise a countywide schedule of bail for all misdemeanor and infraction offenses. The Bail Schedule contains a list of offenses, amounts of bail, whether a given violation is a misdemeanor or infraction, and some other related information. For violations for which no court appearance is required, a person may pay the bail amount if the person wishes to plead to the offense. The maximum punishment for infractions is a fine not to exceed $100 for a first violation, a fine not to exceed $200 for a second violation within the same year, and a fine not to exceed $500 for a third violation within the same year. A fourth violation within the same year is deemed a misdemeanor. Under the City Charter and the Municipal Code, the penalty for conviction of a misdemeanor is a fine in an amount not to exceed $1,000 or by imprisonment not to exceed 6 months, or by both fine and imprisonment.
The City submits recommended changes in the Bail Schedule to the Santa Clara County Superior Court on a periodic basis in order to maintain a current Bail Schedule. The Superior Court then reviews the City's recommended changes and incorporates changes as approved by the Superior Court Bail Committee. The Court has the choice of accepting, rejecting, or modifying the City’s recommendations.
ANALYSIS
Since the City Council last approved changes to the Bail Schedule on August 28, 2001, there have been modifications to the San Jose Municipal Code. The City Attorney’s Office has worked with the enforcing departments to update the City’s Recommended Bail Schedule, which includes the attached recommended revisions to ensure consistency with modifications made to the Municipal Code within the last two years as well as overall consistency with the Code. Attachment 1 to this memorandum lists “Recommended Additions to Bail Schedule.” Attachment 2 sets forth “Recommended Modification to Bail Schedule.” In addition to the revisions specified in the Attachments, the City’s Recommended Bail Schedule for this year reflects changes where Municipal Code sections previously listed in the Bail Schedule have been repealed, renumbered, retitled or require technical corrections consistent with prior Council approvals.
PUBLIC
OUTREACH
Not applicable.
RICHARD DOYLE
City Attorney
By
CARL B. MITCHELL
Senior Deputy City Attorney
ATTACHMENT 1
RECOMMENDED ADDITIONS TO BAIL SCHEDULE
|
SJMC Section |
Subject Matter |
Bail Amount |
Misdemeanor or Infraction |
|
6.15.200 |
Auto Body
Repair Shop Permit Required |
$1,000 |
M |
|
6.15.310 |
Compliance with
Operating Regulations |
$1,000 |
M |
|
6.15.340 |
Hours – Auto
Body Repair Shops |
$1,000 |
M |
|
6.15.360 |
Environmental
Protection |
$1,000 |
M |
|
6.15.370 |
Property
Maintenance |
$1,000 |
M |
|
6.15.380 |
Security |
$1,000 |
M |
|
9.10.445 |
Improper
storage of solid waste |
$500
|
M |
|
9.10.1080 |
Unauthorized
placement of recyclable material |
First
offense $25 Second
offense $50 Third
offense $75 |
M M M |
|
9.10.1800 |
Improper
commingling of waste streams |
$500 |
M |
|
17.72.610 |
Recreational
Vehicle Parking and Storage Limitations |
$75
|
M |
ATTACHMENT 2
RECOMMENDED MODIFICATION TO BAIL SCHEDULE
|
SJMC Section |
Subject Matter |
Proposed Modification |
|
Ch. 17.23 |
Compliance with
Chapter - Rental Dispute Mediation and Arbitration for Dwelling Units
Excluding Mobilehomes and Mobilehome Parks |
Increase bail amount from $500 to $1,000, as this will
provide for consistency with other similar Code provisions and with recent
increased penalties for rent control violations. |