Legislation Details

File #: 16-00199    Version: Name:
Type: Ordinance Status: Mayor's Office
File created: 2/29/2016 In control: City Council
On agenda: 4/12/2016 Final action: 4/12/2016
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
Attachments: 1. MuniCt-FinesORD-2016-02-29, 2. Signed Ordinance No. 16-38.pdf

 

 

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