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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That Section 29-28, Limits of permissible confinement of •ersons convicted, of Chapter 29, Municipal Courts, is hereby repealed and the following is substituted in lieu thereof: Sec. 29-28.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: