HomeMy WebLinkAbout20102223.tiff RESOLUTION
RE: STATEMENT OF OPPOSITION TO PROPOSITION 102
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, voters of the State of Colorado will vote on November 2, 2010, on
Proposition 102, which would amend C.R.S. § 16-4-105(3)(d) to add the following language:
"In making recommendations for appropriate conditions on release
for a person in custody, only defendants who are arrested for their
first offense, non violent misdemeanor may be recommended for
release to a pretrial services program's supervision in lieu of a
cash, property, or professional surety bond, as set forth in
C.R.S. § 16-4-104. Furthermore, only defendants arrested for a
first offense, non violent misdemeanor may be released to a pretrial
services program's supervision in lieu of a cash, property, or
professional surety bond, as set forth in C.R.S. § 16-4-104,"
and the following as a possible condition of pretrial release:
"The program may include any of the following conditions for
pretrial release or any combination thereof: (IX) Posting of a cash,
property, or professional surety bond as set forth in
C.R.S. § 16-4-104, for persons charged with crimes other than
first offense, non violent misdemeanors," and
WHEREAS, current Colorado statutes provide lawful criteria under which Courts may
release defendants from custody during the pretrial stages of their case(s), and these criteria
have been used successfully by Weld County staff to ensure that lower risk defendants who
may be otherwise safely managed in the community are not kept in custody, thereby reducing
costs to Weld County taxpayers, and
WHEREAS, Proposition 102 would prohibit the release of a defendant on an unsecured
bond to supervision by a pretrial services program unless that defendant is arrested for his or
her first offense that is also a nonviolent misdemeanor, and
WHEREAS, such limitation would increase overall costs to Weld County taxpayers by
requiring more pretrial defendants to remain in custody.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board hereby expresses its opposition to Proposition 102, and
hereby urges Weld County's voters to vote "no" on Proposition 102 on November 2, 2010
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I o 2010-2223
BC0041
STATEMENT OF OPPOSITION TO PROPOSITION 102
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
-p WELD COUNTY, COLORADO /
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Weld County Clerk to t �' *--
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MR, arbara Kirkmeyer, o-Tem
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Deputy Clerk tot = 't z c /f s
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County Attorney , cm._� C 4
David E. Long
Date of signature: 94?
2010-2223
BC0041
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