HomeMy WebLinkAbout19943 ORD - 08/25/1987AN ORDINANCE
AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS
OF PERMISSIBLE CONFINEMENT OF PERSONS CONVICTED, TO PROVIDE
FOR A WORK RELEASE PROGRAM FOR INDIGENTS ADJUDGED GUILTY IN
MUNICIPAL COURT AT THE REQUEST OR UPON ORDER BY THE JUDGE;
DESCRIBING SUCH WORK RELEASE PROGRAM; PROVIDING FOR
IMPRISONMENT IN LIEU THEREOF; PROVIDING FOR CREDIT AGAINST
THE FINE AT A REASONABLE RATE; EXEMPTING PERSONS UNDER 18
YEARS OF AGE; AND PROVIDING GUIDELINES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Section 29-28, Limits of permissible confinement of
•ersons convicted, of Chapter 29, Municipal Courts, is hereby repealed and the
following is substituted in lieu thereof:
Sec. 29-28. Limits of permissible confinement of persons
convicted.
06P.121.01
I. When a person is adjudged guilty and sentenced to pay a
fine upon trial under a complaint in municipal court
such person may request the sentencing judge or the
judge sitting for the sentencing judge to permit such
person, for such time as will satisfy the judgment
sentence:
(a) To be put to work in custodial and janitorial
services in municipal buildings, on cleaning of
municipal streets, easements, rights-of-way and
parks generally, or
(b) To be imprisoned in the city jail for a sufficient
length of time to discharge the full amount
adjudged against such person, whereby such work or
such imprisonment without work, as the case may
be, shall be rated as credit on fine at forty-five
dollars ($45.00) for each day thereof; provided,
however, that such person may pay the fine
assessed at any time while confined or during
discharge, as hereinafter provided, and, in such
instance, shall 6e credited with the sum of
forty-five dollars ($45.00) per day for each day
of confinement plus any additional amount which
might be credited to his account for work
performed as hereinbefore stated and shall only be
required to pay the balance of fine assessed. Any
19943 MICROHILM ED
person so requesting confinement or confinement
and work shall be entitled to terminate such
confinement and work by asking the officer having
custody. Upon receiving such request such officer
shall promptly record the date and time of such
request, the name and address of the person, and
the complaint number(s) on which convicted,
promptly furnishing a copy to the municipal court
administrator and to the chief of police. The
person convicted shall then be discharged from
confinement, without penalty for such discharge
per se, at the end of the day on which the request
is made. In no event shall total credits for any
period exceed the fine owed and in no event shall
the city be indebted to such person hereunder.
(c) No person under eighteen (18) years of age shall
be confined under the terms of this section.
(d) Before granting such requested confinement -work,
the said judge shall consider the following
criteria:
(1) The capacity of the jail and its present
occupancy.
(2) The recommendation, if any, of the prosecutor
and the arresting officer.
(3) The apparent age and health of the person.
(4) The frequency of prior requested confinement
work alternates, if any, made by the person.
The available funds of the city for the
facilitation of such fine payment alternates.
(6) The availability of appropriate municipal
work not otherwise affordable to unconvicted
persons employed by the city or currently
applying and eligible for city employment.
(5)
(7) The apparent economic station of the person.
If, upon due consideration of the said criteria,
the judge concludes that the granting of the
request is proper, he shall enter an order to that
effect.
II. When a person is adjudged guilty and sentenced to pay a
fine upon trial under a complaining municipal court,
06P.121.01
the judge as an alternative to such fine may require
such person, for such time as will satisfy the
judgments:
(a) To be put to work in custodial and janitorial
services in municipal buildings, on cleaning of
municipal streets, easements, rights-of-way and
parks generally, or
(b) To be imprisoned in the city jail for a sufficient
length of time to discharge the full amount
adjudged against such person, whereby such work or
such imprisonment without work, as the case may
be, shall be rated as credit on fine at forty-five
dollars ($45.00) for each day thereof; provided,
however, that such person may pay the fine
assessed at any time while confined or during
discharge, as hereinafter provided, and, in such
instanced, shall be credited with the sum of
forty-five dollars ($45.00) per day for each day
of confinement plus any additional amount which
might be credited to his account for work
performed as hereinbefore stated and shall only be
required to pay the balance of fine assessed. Any
person so requesting confinement or confinement
and work shall be entitled to terminate such
confinement and work by asking the officer having
custody. Upon receiving such request such officer
shall promptly record the date and time of such
request, the name and address of the person, and
the complaint number(s) on which convicted,
promptly furnishing a copy to the municipal court
administrator and to the chief of police. The
person convicted shall then be discharged from
confinement, without penalty for such discharge
per se, at the end of the day on which the request
is made. In no event shall total credits for any
period exceed the fine owed and in no event shall
the city be indebted to such person hereunder.
(c) No person under eighteen (18) years of age shall
be confined under the terms of this section.
(d) Before granting such requested confinement -work,
the said judge shall consider the following
criteria:
(1) The capacity of the jail and its present
occupancy.
06P.121.01
(2) The recommendation, if any, of the prosecutor
and the arresting officer.
(3) The apparent age and health of the person.
(4) The frequency of prior requested confinement
work alternates, if any, made by the person.
The available funds of the city for the
facilitation of such fine payment alternates.
(6) The availability of appropriate municipal
work not otherwise affordable to unconvicted
persons employed by the city or currently
applying and eligible for city employment.
(5)
(7)
The apparent economic station of the person.
If, upon due consideration of the said criteria,
the judge concludes that the granting of the
request is proper, he shall enter an order to that
effect.
(e) Before ordering such confinement -work, the said
judge shall consider the following criteria:
(1) If the defendant claims indigency, a judicial
determination shall be made based on
affidavit of the defendant.
(2) If the judge determines the defendant is
indigent, the judge shall inquire into the
physical ability of the defendant to work.
Certified indigent defendants shall work
under the supervision and working conditions
established by the Director of Safety and
Risk Management.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the ordinance, this ordinance to become effective upon
such publication.
(3)
06P.121.01
That the foregoing
second reading on t
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
ordinance was read for the first time and passed to its
his the If day of auq,,9-- , 19 S"7, by the
That the foregoing ordinance was
third reading on this the /g
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoing
this the ,545/Aday
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
aby)
ordinlnce
of Utr
Clif Moss p
Bill Pruet —'—
Mary Rhodes
Mary Pat Slavik ZiAlt
Linda Strong 61.6112.4(1 -
read for the• recon time and posed to its
day of Cn'9 , 19 1(7 , by the
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
wa read for the third time and passed finally on
, 19 g7 , by the following vote:
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
altf
PASSED AND APPROVED, this the c 5r day of (,1L11111±- , 19
City Secretary
APPROVED:
0 DAY OF
C 07ney
, 19f
99.044.01
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
19943
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, In:l. AD #16300
County of Nueces. f CITY OF C.C.
Before me, the undersigned, a Notary Public, this day personally came
IRIS YAP , who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE # 19943 AMENDING CHAPTER 29, MUNICIPAL COURTS
of which the annexed is a true copy, wes published in ....A E.H._Z ME.S...RUEU. iINJ QQJ11 UX._
on the31 s day of AUGUST 19...57, and once each....day thereafter for. _one
consecutive day
one
X41 _40
Times.
Subscribed and sworn to before me this...ard
IRIS YAP 0.11,„
day of 5.EP1.E11$88 19.8.7
Notary PubIfE, Nueces County, Texas
EUGENIA S. CORTEZ 6.30.89
NOTICE OF PASSAGE OF T
ORDINANCE ft 19943
MENDING CHAPTER 29,
MUNICIPAL COURTS, SEC-
TION 29-28, LIMITS OF
PERMISSIBLE CONFINEMENT
OF PERSONS CONVICTED,
TO PROVIDE FOR A WORK
RELEASE PROGRAM FOR IN-'
DIGENTS ADJUDGED GUILTY
IN MUNICIPAL COURT AT
THE REQUEST OR UPON OR-
DER BY THE JUDGE;
DESCRIBING SUCH WORK
RELEASE' PROGRAM; PRO-.
VIDING FOR IMPRISONMENT
IN LIEU THEREOF; PROVIDING ,
FOR CREDIT AGAINST THE z
FINE AT A REASONABLE
RATE; EXEMPTING PERSONS
UNDER 18 YEARS OF AGE! 4Q
AND PROVIDING GUIDE-
LINES, PROVIDING FOR
SEVERANCE, AND PROVID-
ING FOR PUBLICATION •
Was passed and approved
by the City Council of the City
o1 Corpus Christi. Texas on'
the 25th day of Augdst.
1987 The full text of said
ordinance is available to the
public m the -Office of the Cay
Secretary 1 43 1
/s/ Armando Chapa
City Secretary
City of Corpus Christ: