The URL can be used to link to this page

Browse Search

Home My WebLink About20101520.tiff RESOLUTION RE: APPROVE PRETRIAL SERVICES ADVISORY BOARD BYLAWS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with bylaws recommended for adoption by the Pretrial Services Advisory Board, and WHEREAS, after review, the Board deems it advisable to approve said bylaws, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the attached bylaws for the Pretrial Services Advisory Board be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said bylaws. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ,� E lltsa'��WELD COUNT , - . •RADO r glar .ademac = , Chair Weld County Clerk to the B. rd '` • .r E . - ��A=rbara Kirkmey-r, Pro-Tem B u c2ui i, Dep Clerk he oard a-6-o ay AAftorney A M: � NA,(Tr F. Garcia 1 cv„A David E. Long Date of signature: ' 11 /(() 2010-1520 JS0003 53 - 9 -to (11Stari Weld County Government Justice Services Division 1008 9th Street flg P.O. Box 758 4 Greeley, CO 80632 COLORADO Phone: (970)336-7227 Fax: (970)392-4677 July 8, 2010 To : Weld County Board of Commissioners Cc : Monica Mika From : Doug Erler, Director Re: Pretrial Services Advisory Board Bylaws—Consider and Authorize Chair to Sign In accordance with C . R. S . § 16-4- 105 ( 3 ) ( b ) the newly formed Pretrial Services Advisory Board respectfully requests that the Weld County Board of Commissioners consider these Bylaws and authorize the Chair to sign . Through various Resolutions and Administrative Orders, as adopted by this Board and the Chief Judge for the 19th Judicial District, the Pretrial Services Advisory Board has delegated to it the authority and responsibility to oversee the efficient and effective operation of the Pretrial Services program for Weld County . Pretrial Services is designated within the Justice Services Division . The County Attorney's office has previously reviewed this document. Thank you for your consideration . 2010-1520 .fir"s 0 OO WELD COUNTY AND NINETEENTH ( 19th) JUDICIAL DISTRICT PRETRIAL SERVICES ADVISORY BOARD BYLAWS ARTICLE I NAME Section 1 The name of the entity shall be the Weld County and 19th Judicial District Pretrial Services Advisory Board, hereinafter referred to as "the Board . " Section 2 The principal "office" of the program shall be located in the County of Weld, State of Colorado, at the Weld County Justice Services Division . ARTICLE I PURPOSE AND AUTHORITY Section 1 As authorized in C. R. S . § 16-4-105(3)(b) , the purpose of the Board is to establish a plan for a pretrial services program to be operated in Weld County. The plan for the program shall meet the following criteria : a. The program must establish a procedure for the screening of persons who are detained due to an arrest for the alleged commission of a crime so that such information may be provided to the judge who is setting the amount of bail and type of bond . b. The program must provide such information as will provide the court with the ability to make a more appropriate initial bond decision which is based upon facts relating to the defendant's risk of danger to the community and the defendant's risk of failure to appear for court. c. The program must make all reasonable attempts to provide the court with the following information as is appropriate to each defendant: ( 1 ) The defendant's employment status and history and his financial condition ; (2) The nature and extent of the defendant's family relationships; (3) The defendant's past and present residences; (4) The defendant's character and reputation ; (5) The identity of persons who agree to assist the defendant in attending court at the proper time; Page 1 of 6 (6) The nature of the offense presently charged and the apparent probability of conviction and the likely sentence; (7) The defendants prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required ; (8) Any facts indicating the possibility of violations of law if the defendant is released without restrictions; (9) Any facts indicating a likelihood that there will be an intimidation or harassment of possible witnesses by the defendant; ( 10) The fact that the defendant is accused of unlawfully using or distributing controlled substances on the grounds of any public or private elementary, middle! or secondary school , or within one thousand feet of the perimeter of any such school grounds on any street, alley, parkway, sidewalk, public park, playground , or other area of premises which is accessible to the public, or within any private dwelling which is accessible to the public for the purpose of the sale, distribution , use, or exchange of controlled substances in violation of article 18 of title 18, C . R. S. , or in any school bus engaged in the transportation of persons who are students at any public or private elementary, middle, or secondary school ; ( 11 ) The fact that the defendant is accused of soliciting, inducing , encouraging , intimidating, employing , or procuring a child to act as his agent to assist in the unlawful distribution, manufacture, dispensing , sale, or possession for the purposes of sale of any controlled substance; ( 12) Any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction; d . The pretrial services program may also include different methods and levels of community-based supervision as a condition of pretrial release, and may use established supervision methods for defendants who are released prior to trial in order to decrease unnecessary pretrial incarceration . The program may include any of the conditions for pretrial release or any combination thereof which are set forth in C. R. S. § 16-4- 105(3)(d). Section 2 C. R. S. § 16-4- 105(3)(b) states that, "Any county or city and county may establish a pretrial services program which may be utilized by the district court of such county or city and county. " Section 3 The Board is established pursuant to various Resolutions and Administrative Orders, as adopted by the Board of County Commissioners and Chief Judge for the 19th Judicial District, and has delegated to it the authority and responsibility to oversee the efficient and effective operation of the Pretrial Services program for Weld County and the 19th Judicial District. The Board shall provide the annual Page 2of6 report to the state judicial department as required in C. R. S. § 16-4-105(3)(e), no later than November 1 of each year. ARTICLE III BOARD MEMBERS Section 1 Composition — The Board shall be composed of, but not limited to ten (10) members. The Chief Judge for the 19th Judicial District shall make such appointments. The exact number may be changed from time to time with concurrence by the Chief Judge. The following persons are appointed to serve personally or through their specific designated representatives, and are considered to be voting members. a. The Chief Judge and/or Presiding Judge of the Criminal Court Divisions for the Nineteenth Judicial District, or designee. b. The District Attorney for the Nineteenth Judicial District, or designee. c. The Chief Probation Officer for the Nineteenth Judicial District, or designee. d. The Chief Public Defender for the Greeley Regional Office of the Public Defender, or designee. e. The Weld County Sheriff, or designee. f. The Nineteenth Judicial District Administrator, or designee. g . The Clerk of the Combined Courts for the Nineteenth Judicial District, or designee. h . A Weld County Commissioner. i _ A "Citizen Member at Large" who shall be a resident of Weld County at all times while serving . Section 2 Appointed Representatives -- A roll call will be taken at each meeting to establish voting members present. Section 3 Term — Board members may be removed with or without good cause shown by action of the Board of Commissioners or Chief Judge. Any designees appointed by the Chief Judge, District Attorney, Chief Public Defender, Weld County Sheriff, District Administrator, Clerk of the Court, County Commissioner and Chief Probation Officer will serve at the pleasure of those positions. The Citizen at Large member will serve a two (2) year term and will be eligible for reappointment for one ( 1 ) additional term . Page 3 of 6 Section 4 Meetings — The Board shall meet at the time and place as directed by the Chair or designee by five (5) days written notice unless all members waive such notice. All meetings will be conducted pursuant to the Colorado Open Meetings Law, (Section 24-6-401 , et. seq. CRS) . Notices shall state the time and place of the meeting . Six (6) members of the board shall constitute a quorum for general business and for policy issues. Any vote by a majority of a quorum shall be the act of all the Board. If a meeting of the Board has been convened with a quorum in attendance, a quorum shall be deemed to exist until the conclusion of such meeting. In the absence of a quorum , a majority of the members present may adjourn the meeting from time to time until a quorum is present. The Board will meet at least once a quarter in every calendar year. Section 5 Action Without Meeting -- The Board may act without a meeting if a majority of the members approve such action and said action is duly ratified by the members present at the next meeting of the Board. Section 6 Conduct of Meetings a . Meetings of the Board shall be conducted according to traditional parliamentary procedures; the Chair will rule on disputes. b. Agendas for regular meetings will be prepared by Pretrial/Justice Services staff, as approved by the Chair. a. Minutes will be distributed before the next regular meeting whenever possible. Section 7 Compensation of Board Members — No Board member shall receive, in any form, compensation for participation on the Board. Section 8 Unexcused Absences -- Any member who has three (3) unexcused absences from regular meetings during a calendar year may be requested to provide justification for their absences to the Board. ARTICLE IV OFFICERS Section 1 Officers of the Board shall consist of a Chair, Vice-Chair and a Secretary. Section 2 Officers shall serve for two (2) years, though eligible to run for additional terms. Section 3 Except for the initial selection of Officers, selection for Officers shall be made by the Board at the fourth quarter regular meeting of the calendar year of each odd numbered year by a vote of the total membership. Such vote may be by proxy or by telephone before the meeting . Officers shall serve until the new officers are duly appointed . Page 4 of 6 Section 4 Officer vacancies due to termination or resignation shall be filled by a majority vote of the remaining Board members; the newly appointed Officer shall only serve in that office the remainder of the term but shall then be eligible to run for a full term . Section 5 Duties of the Officers shall be as follows: a . The Chair shall preside at all meetings of the Board . The Chair shall appoint chairpersons of all committees and shall serve as an ex-officio member of all committees. The Chair shall perform other duties designated by the Board. The Chair shall serve as the official spokesperson for the Board . b. The Vice-Chair shall perform such duties as the Chair and/or the Board may designate. In the absence of the Chair, the Vice-Chair shall perform his or her duties . c. The Secretary shall be responsible for aiding in the preparation of the meeting agenda, minutes and correspondence, as needed . Section 6 Justice Services Division — At the discretion of the Commissioners, staff of the Weld County Justice Services Division ("Staff') may be assigned to the Board to administer and implement Board's functions and policies. Staff may include Weld County employees. Decisions regarding employment, evaluation , dismissal, wage assignment, salary and other significant actions of Staff shall remain the prerogative of the Commissioners. The Board shall direct and monitor Staff as they carry out and perform the Board's functions. Nothing herein shall be construed to prevent the Commissioners from assigning other functions to Staff and providing separate supervision thereof. Staff shall provide assistance and/or be delegated primary duties as follows: a_ Prepare and maintain the agenda and minutes of all meetings. b. Distribute agenda and minutes of all meetings. c. Assist in functions of the Board . d. Assist the Officers as needed . ARTICLE V COMMITTEES Section 1 The Board's Chair may appoint ad hoc committees as deemed necessary to deal with various matters of Board interest and concern . Page 5 of 6 ARTICLE VI AMENDMENTS Section 1 These Bylaws may be amended at any scheduled meeting of the Board by a majority vote of the Board members and subject to approval by the Chief Judge and Board of County Commissioners. Amendments shall become effective only after receiving such approval. Section 2 At least ten (10) days notice in writing shall be given to the voting members of any proposed amendments to these Bylaws. The written notice shall also include the proposed amendments. Original Bylaws approved on this_ day of , 2010, by: WELD COUNTY/19th JUDICIAL DISTRICT PRETRIAL SERVICES ADVISORY BOARD: By: 7-6- Advisory Board Chair Date CHIEF JUDGE FOR THE NINETEENTH JUDICIAL DISTRICT: By: (.44411.6 JUL 0 6 2010 Chief Judge Date CLERK OF THE BOARD BOARD OF COUNTY Bruce T. Barker JELa� COMMISSIONERS OF WELD COUNTY, COLORADO igoy j s) By: /•i�iLi t�� (._<.�j ByC , /tee a oLr Deputy rlerk'to the ' 1( D� g `ou I Radema er, Chairman 4� JUL 1 4 2010 Page 6 of 6 ac/,o-is ao Hello