Title
Ordinance No. 16-38 amending Section 103 (Presiding Judge; Powers And Duties) Of Article 2 (Judges) And Section 106 (Failure To Pay Fine; Stay Of Execution) Of Article 3 (Procedures) Of Chapter 11 (Municipal Court) Of The Code Of The City Of Colorado Springs 2001, As Amended, Pertaining To Municipal Court Fines
Presenter:
Anne Turner, Senior Attorney
Body
Summary:
Draft ordinance pertaining to the amending of the Code sections pertaining to the powers and duties of the Municipal Court presiding judge and the failure to pay a fine imposed by the Municipal Court.
Previous Council Action:
N/A
Background:
It is unconstitutional for a judge to convert a monetary sentence imposed on an indigent individual into jail time. In other words, indigent defendants may not satisfy their court-imposed fines and court costs by spending time in jail. Two City Code sections appear to authorize the practice and must be amended.
Financial Implications:
None
Board/Commission Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
City Council may choose to approve, deny, or modify the attached draft Ordinances.
Recommended Action
Proposed Motion:
Motion to approve an Ordinance amending Section 103 (Presiding Judge; Powers and Duties) of Article 2 (Judges) and Section 106 (Failure to Pay Fine; Stay of Execution) of Article 3 (Procedures) of Chapter 11 (Municipal Court) of the Code of the City of Colorado Springs 2001, as amended, pertaining to Municipal Court fines.
Summary of Ordinance Language
N/A