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HomeMy WebLinkAbout05645ORDINANCE NO. 5645 AN ORDINANCE AMENDING TITLE XI RELATING TO JAILS, PRISONERS AND SENTENCING ALTERNATIVES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1 Section 11 -1 -503 of Chapter 1, Title XI of the 1971 Code of Ordinances of the City of Pueblo, as amended, is amended to read as follows: 11 -1 -503: ESCAP FROM CUSTODY (1) It shall be unlawful for any person, while in the custody or confinement of any police officer or any member of the Police Department, or while confined in the City jail, or while serving a sentence imposed by the Municipal Court to any community corrections facility, to escape or attempt to escape from such custody or confinement. (2) Escape is a Class 1 municipal offense. SECTION 2- Chapter 2 of Title XI of the 1971 Code of Ordinances of the City of Pueblo, as amended, is amended to read as follows: SECTION SUBJECT 11 -2 -1 DEFINITIONS 11 -2 -2 SENTENCING ALTERNATIVES 11 -2 -3 PRISONER WORK: REDUCTION OF SENTENCE; WORK RELEASE 11 -2 -4 FAILURE TO PAY FINE; DAILY CREDIT 11 -2 -5 OBEDIENCE TO ORDERS 11 -2 -6 INTRODUCING CONTRABAND 11 -2 -7 RESENTENCING OF OFFENDERS SENTENCED TO COMMUNITY CORREC TIONS FACILITIES 11 -2 -1: DEFINITIONS As used in this Chapter the phrase: (1) "Chief of Police" shall mean the Chief of Police of the City of Pueblo personally or his authorized designee for the care, custody or control of any or all persons subject to this Chapter. (2) "City jail or lock -up" shall mean that facility or facilities operated by the Chief of Police for the detention or confinement of municipal prisoners. (3) "Work Release or Work Release program" shall mean any formal or informal work program operated by the Chief of Police as an alternative to imprisonment in the City jail or lock -up. (4) "Community corrections facility" shall mean any community based program conducted by any unit of local government, the department of corrections, a private nonprofit agency, or any corporation which provides residential accommodations and correctional programs for persons convicted of crimes and which has entered into a contract with the City to provide such services with respect to persons sentenced for municipal offenses. 11 -2 -2: SENTENCING ALTERNATIVES Any person over the age of 18 years who is convicted of a violation of a City ordinance or Charter provision and sentenced to imprisonment shall be confined in the City jail or lock -up or in the County jail, or may in the discretion of the municipal judge, be sentenced to a community corrections facility or be granted work release for all or a portion of such sentence. All persons confined in the City jail or lock -up or serving in a work release program shall at all times be under the care, custody and control of the Chief of Police or such other persons as he may designate during the period of their confinement. All persons confined in the County jail shall at all times be under the care, custody and control of the Sheriff or his designee. All persons confined in or sentenced to a community corrections facility shall at all times be under the care, custody and control of the administrator of the facility and such other correctional personnel as he may designate during the period of their confinement. 11 -2 -3: PRISONER WORK: REDUCTION OF SENTENCE; WORK RELEASE (a) Any person sentenced to and confined in the City jail or lock -up for violation of a municipal ordinance or Charter provision may be required to perform any reasonable labor by the Chief of Police for a period of eight hours per -2- day. Any person who so labors diligently and whose behavior is otherwise good may have his sentence reduced by the Chief of Police one day for each day that he so conducts himself so that each two days of his sentence may be served as one day. (b) Any person granted work release, in lieu of confinement, may be required, to perform up to eight hours labor per day for municipal or public benefit in the work release program. Each day spent performing labor in the work release program shall be credited against only one day of such prisoner's work release sentence. During the periods of time during each day in which a work release participant is not required to labor or report for labor, such participant shall be granted his liberty, subject to such reasonable restrictions as the Chief of Police may deem necessary. (c) Any person sentenced to a community corrections facility shall observe all rules and directives of the facility and perform all work and tasks assigned by the ad ministrator of the facility and by other correctional personnel. 11 -2 -4: FAILURE TO PAY FINE; DAILY CREDIT Any person convicted of a municipal ordinance or Charter violation who receives a fine or penalty and who is able to pay the fine but shall fail or refuse to pay the same when demanded, shall be committed in default thereof to confine- ment in the City Jail or lock -up or may be granted work release until such penalty or fine is satisfied as set forth below. Any person so confined for failure to pay a fine shall be allowed [ten] thirty dollars credit against his fine for each day so confined. Any person so confined, and any person who is granted work release, who diligently and satisfactorily performs such labor as is directed by the Chief of Police and whose behavior is otherwise good may be allowed by the Chief of Police a credit against his fine of fifteen dollars for each day he so works and conducts himself. Thus, a work release participant may satisfy his fine at the rate of fifteen dollars per day, while a confined prisoner who labors may be allowed [twenty -five] forty -five dollars for each day in jail. 11 -2 -5: OBEDIENCE TO ORDERS (a) It shall be unlawful and a Class 1 municipal offense for any person confined or detained in the City jail or lock -up to fail to obey all reasonable lawful orders and directions of the Chief of Police or his authorized representatives. =19 (b) It shall be unlawful and a Class 1 municipal offense for any person confined or sentenced to a community corrections facility to fail to obey all reasonable, lawful orders and directions of the administrator of such facility or his authorized representatives. 11 -2 -6: INTRODUCING CONTRABAND It shall be unlawful and a Class 1 municipal offense for any person to introduce any spirituous or malt liquors or drugs, weapons, or other contraband to any person confined in the City jail or lock -u p, any community corrections facility or to any person while same is performing work release duties. Drugs or other medication prescribed by a physician must be controlled and administered by the person in charge of such place of confinement or work release labor. 11 -2 -7: RESENTENCING OF OFFENDERS SENTENCED TO COMMUNITY If the administrator of a community corrections facility or the Chief of Police has cause to believe that an offender placed in a community corrections facility has violated any rule or condition of his placement in that facility, or cannot be safely housed in that facility, or for any other reason cannot remain at that facility, the administrator or Chief shall certify that fact to the presiding Municipal Judge, who shall thereupon resentence the offender to jail or other facilities, provided however that in no case upon resentencing shall the length of confinement be increased beyond the length of the original sentence. Nothing in this section is intended to nor should be construed to impair the Municipal Court's authority to sentence an offender upon conviction of any new or additional offenses committed by any offender while in the custody of a community corrections facility. SECTION 3. Any person found guilty of violating any provision of this ordinance declared to be unlawful and a municipal offense, shall be punished as provided in Section 11 -1 -103 of Title XI of the 1971 Code of Ordinances. SECTION 4. This ordinance shall become effective January 1, 1991. -4- INTRODUCED: November 12 . 19 90 ATTEST: B DR. GI LBERT GARBISO Councilperson APPROVED: P ident of the City Council TF 41.10 -5-