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HomeMy WebLinkAbout09341 ORDINANCE NO. 9341 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN PUEBLO COUNTY, THE CITY OF PUEBLO, THE PUEBLO POLICE DEPARTMENT, THE TENTH JUDICIAL DISTRICT ATTORNEY’S OFFICE, THE PUEBLO OFFICE OF THE COLORADO STATE PUBLIC DEFENDER, THE PUEBLO COUNTY SHERIFF’S OFFICE, THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CROSSROADS TURNING POINTS INC., FOR THE PURPOSE OF PARTICIPATING IN THE PUEBLO LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) PILOT PROGRAM, A STATE OF COLORADO GRANT PROGRAM CREATED TO REDUCE NEIGHBORHOOD CRIME AND INDIVIDUAL-LEVEL HARM FOR PARTICIPANTS BY OFFERING PRE-BOOKING DIVERSION TO LOW-LEVEL DRUG OFFENDERS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL AND THE CHIEF OF POLICE TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: August 27, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING DEPUTY CITY CLERK PASSED AND APPROVED: September 10, 2018 City Clerk’s Office Item # R-3 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: August 27, 2018 TO: President Chris Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Chief Troy Davenport – Police Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN PUEBLO COUNTY, THE CITY OF PUEBLO, THE PUEBLO POLICE DEPARTMENT, THE TENTH JUDICIAL DISTRICT ATTORNEY’S OFFICE, THE PUEBLO OFFICE OF THE COLORADO STATE PUBLIC DEFENDER, THE PUEBLO COUNTY SHERIFF’S OFFICE, THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CROSSROADS TURNING POINTS INC., FOR THE PURPOSE OF PARTICIPATING IN THE PUEBLO LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) PILOT PROGRAM, A STATE OF COLORADO GRANT PROGRAM CREATED TO REDUCE NEIGHBORHOOD CRIME AND INDIVIDUAL-LEVEL HARM FOR PARTICIPANTS BY OFFERING PRE- BOOKING DIVERSION TO LOW-LEVEL DRUG OFFENDERS, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL AND THE CHIEF OF POLICE TO EXECUTE SAME SUMMARY: Attached is an agreement between the City of Pueblo, the Pueblo Police Department, Pueblo County, the Tenth Judicial District Attorney’s Office, the Pueblo Office of the Colorado State Public Defender, the Pueblo County Sheriff’s Office, the Pueblo Department of Public Health and Environment, and Crossroads Turning Points, Inc. (hereinafter, the Parties) concerning the addressing of the opioid crisis in the City and County of Pueblo through a program known as Law Enforcement Assisted Diversion or LEAD. The Pueblo LEAD Pilot Program is funded through a grant provided by the State of Colorado Office of Behavioral Health (OBH) and is subject to the State of Colorado Department of Human Services Contract, executed on April 23, 2018, between Pueblo County and OBH. The initial term of the grant funding is three (3) years. PREVIOUS COUNCIL ACTION: City Council has taken no previous action. BACKGROUND: This ordinance authorizes the Pueblo Police Department to partner with the Parties to provide alternative methods of addressing those addicted to opioids through Law Enforcement Assisted Diversion (LEAD). This is a new approach which seeks to reduce criminal behavior and improve public safety by connecting low-level drug offenders, who meet defined criteria, with treatment and social services in lieu of jail or prosecution. The criteria include:  The offender did not commit a victim related crime at the time they are under consideration for LEAD;  Possession of 2 grams or less of an opioid substance;  Has resided in Pueblo County for the 24 months preceding LEAD referral;  The individual is over the age of 18;  The individual is not exploiting minors;  The individual is not suspected of promoting prostitution;  The offender’s criminal history does not include any of the following in the last 10 years: Any conviction for homicide, vehicular homicide, aggravated arson, aggravated o burglary, all robbery, all kidnapping, all sex offenses, and any conviction involving firearms or deadly weapons (or attempt of any crime listed here). Individuals who meet this eligibility requirement would be referred to case managers with Crossroads Turning Points, Inc. for treatment and social services. FINANCIAL IMPLICATIONS: Administration of the program may result in some overtime costs being incurred. All efforts will be made to avoid or minimize overtime related to the LEAD program. Some of these costs may be defrayed by the grant. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The LEAD program Key Stakeholder Policy Committee consists of representatives from each of the Parties to this MOU, as well as community representatives. Each party will provide one high level, decision-making representative to be a member of the Key Stakeholder Policy Committee. In the case of the Pueblo Police Department, the Chief of Police or his representative, will serve in this capacity. Each representative has one vote on the Key Stakeholder Policy Committee. The role of the Key Stakeholder Policy Committee is to make policy-level decisions regarding the Pueblo LEAD Pilot Program and to provide periodic administrative oversight to the program. ALTERNATIVES: Reject the agreement. If this occurs, the Pueblo Police Department will not participate in the LEAD program and all offenders, who would have been otherwise eligible for the program, will be booked into the Pueblo County Jail or served a citation and released. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Memorandum of Understanding, (Pueblo Law Enforcement Assisted Diversion Pilot Program Memorandum of Understanding).