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HomeMy WebLinkAbout11089 City Clerk's Office Item # S6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 8, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN INTERVENTION COMMUNITY CORRECTIONS SERVICES AND THE PUEBLO POLICE DEPARTMENT REGARDING COMPLIANCE WITH THE PRISON RAPE ELIMINATION ACT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: This Ordinance approves a MOU between Intervention Community Corrections Services (ICCS) and the Pueblo Police Department. The purpose of this Memorandum of Understanding (MOU) is focused on compliance with the Prison Rape Elimination Act (PREA) and to outline the duties and responsibilities of the parties as related to applicable PREA Standards for Community Confinement Facilities. The PREA Standards were developed by the United States Department of Justice, intended to facilitate compliance with the federal law. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support from both parties In the United States Congress. The purpose of the act was to "provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape." ICCS operates a residential community corrections facility at 1901 Hudson Ave, Pueblo, Colorado and holds a binding contract for related services with the Pueblo County Corrections Board. PREA requires ICCS to comply with the federal law and all Standards for Community Confinement Facilities no later than August 2014. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Council could choose not to approve this Ordinance and maintain the status quo. RECOMMENDATION: Passage of the Ordinance. ATTACHMENTS: 1. MOU with ICCS and PPD ORDINANCE NO. 11089 AN ORDINANCE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN INTERVENTION COMMUNITY CORRECTIONS SERVICES AND THE PUEBLO POLICE DEPARTMENT REGARDING COMPLIANCE WITH THE PRISON RAPE ELIMINATION ACT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The MOU between Intervention Community Corrections Services and The Pueblo Police Department, a copy of which is attached hereto and incorporated herein, is approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement in the name and on behalf of the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreements to effectuate the transactions described therein. SECTION 4. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 24, 2025. Final adoption of Ordinance by City Council on December 8, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk