Loading...
HomeMy WebLinkAbout08607ORDINANCE NO. 8607 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO ALLOW ALTERNATIVE SENTENCING FOR MUNICIPAL CODE VIOLATIONS AND TO ALLOW THE MUNCIPAL COURT JUDGE TO REFER UNPAID FINES TO COLLECTIONS; AND AMENDING CHAPTER 1 OF TITLE XI TO ALLOW ALTERNATIVE SENTENCING FOR MUNICIPAL CODE VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 1-2-1 of Chapter 2, Title I, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 1-2-1. General penalty; continuing violations; adjudging fines and imprisonment. (a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein. (b) Where no specific penalty is provided therefor, the violation of any provision of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment, the amount of such fine or term of such imprisonment to rest within the discretion of the Municipal Judge. (c) The Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in-home detention not to exceed one (1) year, probation, community service, deferred sentence, deferred prosecution, rehabilitation, and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. [] (d)c The imposition of a penalty shall not excuse any violation, permit it to continue or prevent the enforced removal of prohibited conditions. [] (e)d Unless otherwise indicated, a separate violation shall be deemed committed upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues. SECTION 2. Section 1-2-5 of Chapter 2, Title 1, Pueblo Municipal Code, as amended is hereby amended to read as follows: Sec. 1-2-5. Failure to pay fine; imprisonment. (a) The City hereby provides that upon a plea and proof that a person is unable to pay any fine imposed by this Code, the Municipal Judge may order its payment in reasonable, equal monthly installments beginning thirty (30) days after the imposition of the fine until the fine is satisfied in full. (b) Upon default by the defendant of any such monthly installments, the entire balance of the fine shall immediately be due and payable by the defendant, and the Municipal Judge who imposed the fine shall be immediately notified of such default. (c) The Municipal Judge, upon receipt of notice of such a default, may [] shall set a date and place of hearing with proper notice to the defendant, ordering the defendant to appear for reconsideration of his or her sentence. Such notice shall be made by personal service at least five (5) days prior to the date set for hearing. (d) After hearing, the Municipal Judge may reduce the defendant’s fine, suspend it or modify his or her installment plan or, if none of those alternatives is warranted, the Municipal Judge may sentence said defendant to a jail term to achieve the needed penological objective. (e) The Municipal Judge, upon receipt of notice of such a default, may choose not to hold a hearing in order to reconsider the sentence and instead, may refer the entire balance of the fine to the Finance Department for collection without further notice to defendant. SECTION 3. Section 11-1-103 of Chapter 1, Title 11, Pueblo Municipal Code, as amended is hereby amended to read as follows: Sec. 11-1-103. Penalties for violation. (a) Unless otherwise specified, the punishment for violation of an offense described in this Chapter shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of an offense was under eighteen (18) years of age at the time of the offense, the court shall not impose a jail sentence but may impose in-home detention for not more than one (1) year. (b) The punishment for violation of an offense defined as a Class 1 municipal offense shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or both such fine and imprisonment, provided that, if the person found guilty of a violation of a Class 1 municipal offense was under eighteen (18) years of age at the time of the offense, the court shall not impose a jail sentence but may impose in-home detention for not more than one (1) year. (c) The punishment for violation of an offense defined as a Class 2 municipal offense shall be a fine of not more than one thousand dollars ($1,000.00). (d) The Municipal Judge may, in his or her discretion, impose alternative sentencing including but not limited to in-home detention not to exceed one (1) year, probation, community service, deferred sentence, deferred prosecution, rehabilitation, and educational classes, for any violations of the Municipal Code if he or she determines the alternative sentencing will best serve the intent and purpose of the Municipal Code. [] (e)d In addition to the penalties provided herein, any person convicted of a violation of Section 11-1-201, 11-1-207, 11-1-301, 11-1-302, 11-1-602 or 11-1-608 of this Code, shall be assessed a fee to be known as the Pueblo Metro D.A.R.E. Surcharge in the amount of five dollars ($5.00). The Pueblo Metro D.A.R.E. Surcharge shall be imposed at the time of conviction and may only be waived by the court upon a finding that the defendant or in the case of a minor the defendant's [] parent is indigent. For purposes of this Subsection (e)(d), shall include conviction all guilty pleas, findings of guilt and deferred sentences. The Pueblo Metro D.A.R.E. Surcharge shall be collected by the Municipal Court and paid into the City's general fund. [] (f)e In addition to the penalties provided herein, any person convicted of violating Section 11-1-204 or 11-1-607 of this Chapter shall be assessed a surcharge for each count of such conviction, to be known as the Keep Pueblo Beautiful Surcharge, in the amount of twenty-five dollars ($25.00). In the case of an unemancipated minor, the parents or guardians of the minor shall be jointly and severally liable for this surcharge and shall be ordered to pay the same. This surcharge may only be waived by the Court upon a bona fide finding that the defendant is indigent, or in the case of a minor, that the minor's parents or guardians are indigent. This surcharge shall be collected by the Municipal Court and paid into the City's general fund. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 24, 2013 BY: Chris Kaufman PASSED AND APPROVED: July 8, 2013 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM #R-3 June 24, 2013 DEPARTMENT: Law Department Carla Sikes, Assistant City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 2 OF TITLE I OF THE PUEBLO MUNICIPAL CODE TO ALLOW ALTERNATIVE SENTENCING FOR MUNICIPAL CODE VIOLATIONS AND TO ALLOW THE MUNICIPAL COURT JUDGE TO REFER UNPAID FINES TO COLLECTIONS; AND AMENDING CHAPTER 1 OF TITLE XI TO ALLOW ALTERNATIVE SENTENCING FOR MUNICIPAL CODE VIOLATIONS ISSUE Should City Council pass an Ordinance amending the Pueblo Municipal Code to allow Municipal Court to impose in-home detention as a possible penalty for violation of the Code and to refer unpaid fines to collections? RECOMMENDATION The Department recommends approval. BACKGROUND The Municipal Court hears many cases in which the conduct of the defendant warrants a jail sentence. Sentencing all defendants to jail in all cases where it is appropriate has created a hardship for the Court and the City due to the increased cost to the City. In-home detention is a less expensive alternative to jail that is still consistent with the Court’s penological objectives. In almost all cases where in-home detention is ordered, the defendant will be required to pay for the in-home detention. In-home detention costs approximately $11 per day. Many of the cases that may warrant a jail sentence involve excessive unpaid fines owed to the City. Currently, the Court requires these defendants to appear in Court and then may reduce or alter their sentence. This process is costly and oftentimes does not result in the payment of the fine but rather in the defendant performing community service or serving a jail sentence rather than paying the fine. Allowing the Court to refer these accounts to collection is another way to help reduce costs to the City while still achieving the ultimate objective, which is collection the outstanding fines. FINANCIAL IMPACT The goal of the Ordinance is to reduce expenses and increase collection of fines. The actual financial impact is unknown at this time.