HomeMy WebLinkAbout891175.tiff RESOLUTION
RE: BOARD POLICY CONCERNING HOUSING MUNICIPAL OFFENDERS IN COUNTY
JAIL
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, there is limited jail space available in Weld County
due to inmate population growth and the backlog of State-sentenced
inmates in the Weld County Jail, and due to amendments to the
sentencing laws, and
WHEREAS, Municipal judges are issuing jail sentences more
frequently for municipal charges, and
WHEREAS, Section 31-15-401 (1) (k) , C.R.S. , requires a board of
county commissioners to give its consent to a municipality for the
use of the county jail to confine or punish municipal law
offenders.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the attached letter
of October 17, 1989, to mayors and councilmen of all
municipalities, signed by Chairman C.W. Kirby on behalf of the
Board of County Commissioners, said Letter being marked as Exhibit
"A" , be adopted and ratified as the policy of this Board
concerning the housing of municipal offenders in the Weld County
Jail.
BE IT FURTHER RESOLVED that the Board consents to the
detention in the Weld County Jail of those persons sought by
municipalities outside of Weld County for a period not to exceed
twenty-four (24) hours. Upon booking of a non-county municipal
offender into the Weld County Jail, the Weld County Sheriff, or
his designee, shall immediately notify the non-county municipal
agency seeking detention of the offender that the offender is in
custody in the Weld County Jail. If the municipal agency fails to
pick up the offender within twenty-four hours of the offender' s
booking into the facility, the Sheriff shall release the offender
absent appropriate arrangements with the non-county municipality
for reimbursement to Weld County for the continued detention of
the offender.
60000‘ e6'.SD " 891175
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RE: HOUSING MUNICIPAL OFFENDERS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
November, A.D. , 1989 .
‘727121BOARD OF COUNTY COMMISSIONERS
ATTEST: `F` dt&4 I4A-la `4'l"tom WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board C.W it y, C irman
$Y:
J Gen Brantner, Tem
Deputy�/ u c_o/ wk_A
County erk
APPROVED AS TO FORM: onstance L. Har ert
-----Cj, C-- � eorge I nn y K
County Attorney
Gor c
891175
3r''Tr (1
1 EXHIBIT "A"
OFFICE OF BOARD OF COUNTY COMMISSIONER:
PHONE(303)356-4000. EXT. 42C
' P fr P.O. 8OX 7`_
GREELEv,COLORADO 806 .
V
f1 .
COLORADO
October 17, 1989
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TO MAYORS AND COUNCILMEN OF ALL MUNICIPALITIES: -
As many of you are aware, due to inmate population growth and the backlog of
State prisoners, there is limited jail space available in Weld County and
all of Colorado. This fact, coupled with the more frequent practice -of
municipal judges giving jail sentences for municipal charges, has caused the
Board of County Commissioners and Sheriff to examine the arrangement of
housing municipal prisoners.
In accordance with Section 31-15-401 (1) (k) , CRS, for a municipality to use
the county jail for 'the confinement or punishment of municipal law
offenders, the municipality must have the consent of the Board of County
Commissioners. Effective January 1 , 1990, no municipal prisoners Will be
housed in the county jail unless the -municipality has entered into an
agreement with the county to do so. A copy of the proposed contract is
attached. It is basically the same contract in effect with the City of
Greeley currently. The daily charge of $45 is the current cost of Weld
County to house inmates and $20 below what the State pays for backlogged
State iumates.
Between now and January 1 , 1990, consent to house municipal prisoners will
only be granted for periods of up to 72 hours. Consent for any confinement
or sentence exceeding 72 hours for municipal charges must be granted cn a
case-by-case basis by the Board of County Commissioners. This change is
required immediately due to a municipal judge's recent sentencing of two
persons to 90 days for traffic violations.
Hopefully, you understand the county has few alternatives in coping with the
growing innate population. Notice of the chance at this time should allow
the municipalities using the jail for municipal charges to budget funds to
cover the costs in 1990. An attached page indicates what your
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municipality's costs would be had a contract been in effect for the first
seven months of 1989.
891175
If you have questions regarding this matter, please do not hesitate to
contact Undersheriff Rick Dill at 356-4000, extension 4634.
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Very truly yours,
BOARD OF COUNTY COMMISSIONERS
C. W. Kirby, Chairman
CWR:vds
cc: Sheriff Ed Jordan •
Undersheriff Rick Dill
enc
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891175
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MUNICIPAL HOUSING COSTS FOR 1989 - -
Municipality:
What your municipality's costs would be had a contract been in effect for
the first seven months of 1989:
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891175
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