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HomeMy WebLinkAbout840977.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 Commissioner has been presented 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 agreement, deems it advisable to operate a Juvenile Center in compliance with the Children' s Code , Section 12-2-103 , CRS , 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 Commissioners of Weld County, Colorado, that the aboved 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. 840977 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: {d a t;.i.i�- ).tom.:n. e�id.8Gryie ! ELD COUNTY, � � t'.�"�� - COLORADO /7 , :': „ Weld County CYerk and Recorder �...R and Clerk to the Board Norman Carlson, Chairman BY: [J ylbkf ( Q «y/ . àneJoh,s ,n, PrOTem Deputy Cdunty Cldrk EXCUSED APPROVED AS TO FORM: Gene R. Brantner EXCUSED C O4 9/ Chuck Carlson County Attorney '/. 1 1// 2L, J n T. Martin 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 ac 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. EXCEPTION: A YOUTH MAY BE HELD LONGER THAN 48 HOURS IF AFTER A HEARING THE JUDGE SO ORDERS . 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 nedical personnel shall consult with youth only within the confines of the Juvenile Center, The youth shall be entitled to care fran a family physician where requested and coordinated through the nedical 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 in 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 Attach- rent A and incorporated as if fully set forth herein by reference. page 2 of 3 pages 8. The Weld Cou J Juvenile Center shall be staf. I 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 nail, 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. EXECUTED on the day and year first above written. * . ` BOARD OF COUNTY COMMISSIONERS Attest: ' ' , , ! WELD COUNTY, COLORADO Weld County Cl*k & Recorder and Clerk to the Board BY: s Chairman By: Z/� f . Deputy 'County C WELD COUNTY SHERIFF'S DEP'T. STATE OF CODDRADO BY:plat �p4C7 /. ..Htivit0`— DEPARTMENT OF INSTITUTIONS DIVIST.ON OF YOUTH SERVICES NINETEENTH JUDICIAL DISTRICT DEPARTMENT OF PROBATION SERVICES B : (//74,, "/� L ,19,, :-c! SLA. ' 11:\71,(C12 By: g Cowl this Q P 0 1�i 'rr . . 4 page 3 of 3 pages Hello