1977/08/31 Council Minutes - Laserfiche WebLink

260 August 31,10. Roll was called with all councilmen votihg a.,, I Motion Carried , Tg!apni=r7.11=:::-.7,221en=V-'6=::27Z thg.:ni" [ 0,...e. 1 ,',11t.1:%sITL:1-thwnIZZ:nr"'i'g Y"exc"'C°"ci""G'P"fl. : Motmon Carried ( Moved by Councilman Sackett,seconded bY Couheila.n Michelson'ha'Sec- ' tnon 110,possession of mari,uana,be changed from a violation to a Class 6 offense. ' ' Roll was called with all councilmen voting no except Councilman duclient who voted yes. ' motion Failed 4 ' moved by Councilman Juckett,second.by Councilman Gipson to incorporate into the penalty provisions of the criminal code an"Alternative to a e ' i II) Fine-Restitution'as follows: (1) If a person has gained money or property or caused a victim to lose i i Ith money or property through the commission of a cryme,hPon cOneictieh 'illi li"II! III thereof the court,in addition to imposing the fine authorized for the offense,may order the defendant to pat an emouht,r"h.hY'he cehrh: not to exceed double the amount of the defendant's gain or victim's loss ialyldr fr.the commIssion of a crime. Such amount may be used to provide res- titution to the victim at the order of the court. In such case the ) I court shall make a finding as to the amount of the defendant's gain or viotim's loss from the crime,and if the record does not contain suffi- '6 I cient evidence to support such finding the court may conduct a hearing I III I'l L I.I M il,II upon the Issue. For purposes of thms section,the terms'Main.or ”loss"refer to the amount of money or the value of property or services gained or lost. 10k Tan7TX=IgrlUthoTII=1=-LuIr;ulT4iT nrc:Ynt" (b) Upon a dudgment for fine and costs rendered on a conviction of a ';.11' ,,'' vioyation,execution may be issued against the propertY of a defend.' and returned in the same manner as in civil actions. r,,,,, (c, A court may,in its discretion,treat anY intentional failhre to h I I I comply wikh.court order in respect to fines or costs or both,urmn Ir)h II conviction of a violation,as civil contempt. ,I 1 ' Roll was called with all councilmen voting yes. t I I Motion Carried RESOLUTION (C11178-209, moved by Councilman Langus,seconded by Councilman Moore to adoP'...e- lution No.1337 as follows: L A resolution declaring the intent of the Everett City Council to pursue the possibility of fundmng for necessary facilities and programs that would be required for the developmenn and implementation of mandanOry , sentencing within the Everett Criminal Code.