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ITEM #13 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF March 4, 2008 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: DARYL PARRISH, CITY MANAGER <br />SUBJECT: DISCUSSION AND DIRECTION REGARDING PREPARATION <br />OF A VICTIM -WITNESS STATEMENT IN THE MATTER OF <br />PEOPLE V. RAMON HERNANDEZ <br />DATE: February 28, 2008 <br />BACKGROUND: <br />As you know, former Colton Council Member Ramon Hernandez pleaded guilty last month to 24 <br />felony counts of misusing public funds. The sentencing hearing in this matter is scheduled for <br />April 10, 2008. The maximum sentence he can receive is eight (8) months in jail and three (3) to <br />five (5) years' probation. As the City is the victim in this matter, designated City elected officials or <br />staff members have the right to attend all sentencing proceedings. The general objectives of <br />sentencing include: (1) protecting society; (2) punishing the defendant; (3) encouraging the <br />defendant to lead a law-abiding life and steering him from future offenses; (4) deterring others <br />from such conduct by demonstrating its consequences; and (5) securing restitution for the victim. <br />DISCUSSION/ANALYSIS: <br />At the sentencing hearing, designated City representatives may express verbally or in writing the <br />City's views concerning the crimes, the person responsible and the need for restitution, if any <br />restitution is owed. A written statement can be submitted to the court in lieu of or in addition to a <br />personal appearance by City representatives at the time of sentencing. The court will consider <br />the filed written statement prior to imposing a sentence. A written statement filed for a sentencing <br />hearing becomes a disclosable public record after the sentence has been imposed. <br />There is no specified form or title required for the written statement, which can be presented in <br />letter form. The deadline for the City to submit a written statement for the sentencing hearing is <br />March 28, 2008. If the Council designates any Council Member or City staff member to attend the <br />sentencing hearing, his/her attendance should be coordinated through the District Attorney's <br />office. <br />ALTERNATIVES: <br />Alternatively, the City could decline to submit a victim -witness statement. <br />RV PUB\NSTUBBS\745666.2 <br />