HomeMy WebLinkAbout830812.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN THE NINETEENTH JUDICIAL DISTRICT,
DEPARTMENT OF PROBATION SERVICES, WELD COUNTY, COLORADO AND
THE DEPARTMENT OF INSTITUTIONS, DIVISION OF YOUTH SERVICES ,
STATE OF COLORADO FOR JUVENILE CENTER AND AUTHORIZATION FOR
CHAIRMAN TO SIGN SAME
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 of County Commissioners has been pre-
sented with an agreement authorizing the Weld County Sheriff ' s
Department to maintain a Juvenile Center to provide short-term
detention services for juveniles in Weld County, and
WHEREAS, the Board, after review and study of said agree-
ment, deems it advisable to operate a Juvenile Center in com-
pliance with the Children' s Code, Section 12-2-103 , CRS 1973 ,
as amended, and
WHEREAS, a copy of the agreement between the Nineteenth
Judicial District, Department of Probation Services, Weld County
Colorado and the Department of Institutions, Division of Youth
Services , State of Colorado for a Juvenile Center is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the above mentioned
agreement be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said agreement.
830812
Page 2
RE: JUVENILE CENTER AGREEMENT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 3rd day of
August, A.D. , 1983 .
1- y BOARD OF COUNTY COMMISSIONERS
ATTEST: /y'^ y //[� -{'eut :tne .. f WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Chuck Carlson, Chairman
B6_ r�.yv r /ha,
eputy Coun y le JoT. Martin,2/ha,
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
EXCUSED DATE OF SIGNING - AYE
County Attorney Norman Carlson _
- "4 \ Y_
Jcquine J•, son
DAY FILE: August 8 , 1983
AGREEMENT
THIS AGREEMENT, made this 3rd day of August , 1983,
by and between THE COUNTY OF WELD, a body corporate and politic and Home
Rule County; THE NINETEENTH JUDICIAL DISTRICT, DEPARTMENT OF PROBATION
SERVICES: and THE STATE OF COLORADO, DEPARTMENT OF INSTITUTIONS, DIVISION
OF YOUTH SERVICES.
WITNESSETH:
RECITALS
WHEREAS, the County of Weld, by and through the WELD COUNTY SHERIFF's
DEPARTMENT, maintains a Juvenile Center, located at 915 10th Street, Greeley,
Colorado, which provides short-term detention services for juveniles in
Weld County, and
WHEREAS, Weld County desires to operate its Juvenile Center in compliance
with the Children's Code, Section 19-2-103, CRS 1973, as amended, and
WHEREAS, "youth" is a person under 18 years of age, except that a
person 18 years of age or older under the continuing jurisdiction of the
Court, pursuant to CRS 1973, 19-3-118, or a person who is before the Juvenile
Court for an alleged delinquent act committed prior to his 18th birthday
shall also be referred to as a youth, and
WHEREAS, all youth detained at the Juvenile Center are separated at all
times by sight and by sound from incarcerated adults, including during the
booking process, and have a separate outside recreation area, and
WHEREAS, CRS 19-2-103(6)(a) , states that no jail shall receive a child
for detention if it is located in a county in which there is a juvenile
detention facility operated by or under contract with the Department of
Institutions which shall receive and provide care for such child, or if it
is located within forty (40) miles of such a facility, unless the child has
been ordered, by the Court, to be held for criminal proceedings, pursuant
to Section 19-1-104(4) , CRS 1973, and
WHEREAS, in order to set forth clearly the responsibilities, obligations ,
powers, and rights of each of the parties, the County of Weld; the Nineteenth
Judicial District, Division of Probation Services; and the Department of
Institutions, Division of Youth Services, hereby enter into this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the recitals, promises and covenents
herein set forth, and other good and valuable consideration herein receipted
page 1 of 3 pages
for, the parties agree as follows:
1 . The Weld County Juvenile Center shall function only as a 48-hour,
pre-detention hearing, facility. After a detention hearing has
been held pursuant to CRS 1973, 19-2-103 (for any youths who are
detained) , the Sheriff's Department shall not hold the youth any
longer than 24 hours after the detention hearing before the youth
is transported to the Adams District Detention Center in Brighton,
Colorado. No youth shall be returned to the Weld County Juvenile
Center sooner than 24 hours prior to the next scheduled hearing
in Weld County.
2. The Weld County Juvenile Center shall be used only for youths
charged in Weld County.
3. No youth shall be detained in the Weld County Juvenile Center as
part of any dispositional or sentencing order. Such youths shall
be transported to the Adams District Detention Center to serve
dispositional sentences.
4. The Weld County Juvenile Center shall not be used as an overflow
unit in the case of overcrowding at designated juvenile detention
centers such as the Adams District Detention Center.
5. The Weld County Juvenile Center shall not be required to provide
educational instruction to youth held at the Center, since no
youth will be detained at the Center longer than 48 hours prior
to a detention hearing.
6. Youth at the Weld County Juvenile Center shall have access to
medical personnel in a manner identical to that provided to adult
inmates at the Weld County Jail , provided, however, that medical
personnel shall consult with youth only within the confines of the
Juvenile Center. The youth shall be entitled to care from a
family physician where requested and coordinated through the medical
services staff of the Weld County Sheriff's Department.
7. Only youth who are subject to felony holds, as mandated by statute,
and those who are i.n serious violation of the terms of probation
or court order, shall be held at the Juvenile Center. No status
offenders, dependent and neglected youth, or non-offenders shall
be held at the Juvenile Center. Responsibility for detention
services shall be as outlined in the attached court order, marked
as Attachment A and incorporated as if fully set forth herein by
reference.
page 2 of 3 pages
8. The Weld County Juvenile Center shall be staffed at all times only
by specially designated juvenile officers from the Weld County
Sheriff's Department. All such juvenile officers shall participate
in internal training provided by the State of Colorado, Department
of Institutions, Division of Youth Services.
9. A copy of the daily average attendance in the Juvenile Center shall
be provided by the Weld County Sheriff's Department to the Director
of the Adams District Detention Center each week.
10. The Director of the Adams District Detention Center shall monitor
the operation of the Weld County Juvenile Center.
11 . The Weld County Sheriff's Department shall house a youth who is
being detained in connection with a technical violation of an
existing juvenile case or juvenile offense in the Juvenile Center.
12. A youth under 18 years of age being detained in connection with the
commission of a new criminal offense shall be housed in the juvenile
section of the Weld County Jail until such time as directed by the
Court to transfer the youth to the adult section of the Weld County
Jail .
13. No expenditure of the funds of the State of Colorado is contemplated
by this agreement.
14. Either party shall have the right to terminate this agreement by
giving the other party sixty (60) days' written notice by
registered mail , return receipt requested, of its intention to
terminate. Until such time as notice of termination is given, and
until the 60-day period has elapsed, this contract as above written
shall continue in full force and effect.
EXECUTIED on the day and year first above written.
"AL, L ,,. ,.-i.ewA4 ni BOARD OF COUNTY COMMISSIONERS
Attest: G' WELD COUNTY, COLORADO
Weld County Clerk & Recorder By � ,�(;q-�
and Clerk to the Board
/ Chairman
yy
Deputy ounty erk WELD COUNT SSHHERIFF'SSDE�FT.
��STATE OF COLORADO By. 2 t"/ER L T.
( -/off-
DEPA OF INSTITUTIONS
DI S F YOUTH SERVICES NINETEENTH JUDICIAL DISTRICT
DEPARTMENT OF PROBATION SERVICES
By:
page 3 of 3 pages
Attachment A
DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
Case No. 81 JV 1 .
ORDER PURSUANT TO RULE 24(a) , COLORADO
RULES OF JUVENILE PROCEDURE
IN THE MATTER OF DETENTION OF CHILDREN.
Pursuant to the provisions of Rule 24(a) , Colorado Rules of Juvenile
- Procedure, the following persons are designated officers of the Court with
authority to determine whether a child taken into temporary custody shall
• be released to a parent, guardian or other legal custodian, or admitted
to a detention or shelter facility pending notification to the Court and a
detention hearing: •
1. In cases of children taken into custody as delinquent children,
the Court designates any juvenile probation counselor of this Court to
act.
2. In cases of children taken into custody as children in need of
oversight and dependent or neglected children, the Court designates the
Director of the Weld County Department of Social Services or his represen-
tative.
3. In cases in which a child is held both as a delinquent child and
also as either a child in need of oversight or a dependent or neglected
child, the determination shall be made by a juvenile probation counselor
of this Court after such consultation with the 'Weld County Department of
Social Services as he may determine to be proper.
Dated April 9, 1981.
BY THE OURT:
. /�'•
Chief Judge
mEmoRAn®um
���• To John Coppom Date August 9 . 1983
COLORADO From Clerk to the Board' s Office
subject: Resolution Approving Agreement for Juvenile Center
Please find attached a copy of this Resolution for your files,
a copy for the State of Colorado, and a copy for Adams County.
Please forward the copies as designated.
Thank you.
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