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Home My WebLink About20091 ORD - 12/01/1987AN ORDINANCE AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE CONFINEMENT OF PERSONS CONVICTED, AMENDING THE WORK RELEASE PROGRAM FOR INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT; 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That Section 29-28, Limits of permissible confinement of persons convicted, of Chapter 29, Municipal Courts, is hereby repealed and the following is substituted in lieu thereof: Sec. 29-28.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. I. When a person is adjudged guilty and sentenced to pay a fine upon trial or plea of guilty or no contest 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, and general office work, all of which may include placement in non-profit agencies; 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 a minimum of 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 be credited with the sum of a minimum 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 204HG037.ord 20091 entitled to terminate such confinement and work by requesting such termination of such confinement or confinement and work from a judge. 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 or non-profit corporation 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. 204HG037.ord II. When a person is adjudged guilty and sentenced to pay a fine upon trial or plea of guilty or no contest under a complaint in municipal court, 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, and general office work, all of which may include placement in non-profit agencies; 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 a minimum of 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 a minimum 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 requesting such termination from a judge. 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. 204HG037.ord (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. (3) 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. 204HG037.ord That the foregoing ordinance was read for the first time and passedto its second reading on this the /7 day of (f11.e/.JjJJL) , 19 5"7 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong That the foregoing ordinance w s read fob , h,� seco d t e 'and passed to its third readingon this the �,i dayof c. 1i/1�s 19 ((�I7, bythe following vote: (( /7 Betty N. Turner Clif Moss ____-- David Berlanga, Sr. /1—.1 Bill Pruet f (54.'l/L e1 Leo Guerrero %.r Mary Rhodes Frank Mendez 01IJ3-eir Mary Pat Slavik Linda Strong ak+''w That the forqgoing ordinance was red for the third time and passed finally on this the Jam day of (QQ�Qp)L� , 19Rrf , by the following vote: Betty N. Turner Clif Moss __ _ , David Berlanga, Sr. Bill Pruet ______ — ;__ Leo Guerrero Mary Rhodes Q,, Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the 1/04- day of aQQatJ , 19?? . F+-enk•Medez ATTEST: City Secretary AUR9VED: /%4122DAY OF 19e7 : HAL GEORGE, CITY ATTORNEY 99.044.01 YOR j1, 24 THE C TY OF CORPUS CHRISTI, TEXAS 20091 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 73902 Before me, the undersigned, a Notary Public, this day personally came ' Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - ,Times, a daily newspaper published at Corpus Christi in said County . and State, generally circulated in Aransas, Bee, Brooks, Cameron, . Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20091 AMENDING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7 day of December 1987 , and each day there- after for one consecutive day(s) one Times Senior Accounting Clerk bed 2,taorn tbefore me this 8 day of December, 1987 Edna Koster Notary Public, Nubs County, Texas My commission expires on 11.30.88 NOTICE OF PASSAGE OF ORDINANCE 11 20091 AMENDING CHAPTER 29, MUNICIPAL COURTS, TION 29-28 J„/� 32ab a,N.„\ SEC ® PERMISSIBLE ,CONFINEMENT ....,c.:. °"'fie N AMENDING OF ONTf E WORK TRE- 4r o N NDIGENTSROG ADJUDGED AM FOR Oy L9' GUILTY - IN MUNICIPALLEASE ti/ I COURT; PROVIDING FOR - • ING FOR PUBLICATION.; SEVERANCE; AND ��L —Leo Was passed and approved Iby the City Council of the City of Corpus Christi, Texas on the 1st day of December, 1987• The fuN text of said ordinance is available to the I public in the Office of the Coy Secretary, /s/ Armando Chapa City Secretary City of Corpus Chdsb