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.
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(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.
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INTRODUCED: November 12 . 19 90
ATTEST:
B DR. GI LBERT GARBISO
Councilperson
APPROVED:
P ident of the City Council
TF 41.10 -5-