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HomeMy WebLinkAbout1997-020 Daytime Detention ORDINANCE NO. 97 -20 AN ORDINANCE Relating to City Government Administration; authorizing establishment of a Daytime Detention Program under the direction of the City of Yakima Probation Services and enacting a New Section, Section 1.60.175 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.60.175 of the City of Yakima Municipal Code is hereby enacted as a New Section to read as follows: "1.60.175 Daytime Detention 1. The Probation Department of the Municipal Court is authorized and directed to establish and implement a program for the detention of certain misdemeanant and gross misdemeanant offenders as a condition of active probation. Such detention shall be during usual business hours, lunch time excepted, beginning at 8:00 a.m. (0800) and ending at 5:00 p.m. (1700). • 2. Those persons granted day detention as a condition of probation shall obey the rules and requirements of Probation Services. Failure to satisfy conditions of day detention may be deemed a failure to comply with terms of probation and may be grounds for revocation of probation. 3. Probation Services shall provide appropriate supervision and scheduling of day detention, at a site to be determined from time to time, provided that the Day Detention Facility shall not be at or a part of the City Jail. 4. Persons granted day detention as a condition of probation may be required to pay a day detention fee of up to $20 per day in advance of actual day detention. 5. Day detention shall be deemed an option for all persons sentenced by the Court after January 1, 1997, provided that no actual day detention shall be required until an appropriate facility has been prepared. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 0 S March PASSED BY THE CITY COUNCIL, signed and approved this 4th day of , 1997. y - � ATTEST: Mayor P ro - Tem John Puccinelli City Clerk Publication Date: 3/7/97 Effective Date: 4/5/97 (lk)ord /city goverrvnant admen. Jw • • DAY DETENTION PROGRAM PROGRAM OBJECTIVE: To provide a low cost alternative to the more traditional incarceration of misdemeanant offenders, at the County Jail, when sentenced to serve not more than 20 days incarceration for the City of Yakima Municipal Court . Day Detention is not "Jail," it is a condition of Probation. TARGET POPULATION: This program would be appropriate for both regular clients and probation violation clients, who are ordered to serve a specific number of days incarceration. First offenders, minimal risk. Probation Services can screen referrals, if the court so desires. RESPONSIBLE RESOURCE: City of Yakima Probation Services. o. Hours of operation are 8:00 a.m. to 12:00 p.m., a one hour break for lunch *, then 1:00 p.m. to 5:00 p.m. o. Probation Services will establish a "Reservation Book," and then advise the court as to disposition (i.e., completion of hours /escape /failure to appear). FEES: The cost of the Day Detention Program is $20.00 a day, payable in advance, by the defendant. *Clients are responsible for providing their own lunches, which they will eat outside Probation Services office from 12:00 p.m. to 1:00 p.m. • • • DAY DETENTION GUIDELINES 0 There is a $20.00 per day fee for the Day Detention Program. You have been ordered to serve days. Your total fee is $ , and must be paid in advance. Clients will not be accepted to the Day Detention Program, if they have in their possession: 0. Weapons of any type (i.e., firearms, knives, any bladed instruments); 0. Radios of any type, TV's of any type. No electronic games, no telephones. The use of head sets for radio or TV reception is expressly forbidden. Cassette, 8- track, CD players, beepers, cellular phones are also forbidden; 0. Candy, snacks, fast food items, or soft -drinks are not allowed; 0. Drugs of any type, unless prescription in a pharmacy bottle and labeled. Alcohol beverages of any type; and 0. Children. Clients may bring the following, but will not be supplied by the City of Yakima Probation Services: 0. Lunches, to be eaten during the lunch hour; 0. Reading or writing materials, sewing/knitting materials; and 0. Artistic materials /supplies, sketch pads only. Your stay in the day Detention Program is designed to provide for you, sufficient time to reflect on your current legal situation. You will note the detention room is sparsely furnished. This'is intentional, as your presence here is punishment. "Your lunch hour runs from 12:00 p.m. to 1:00 p.m." The Probation staff is available to assist you with questions, but cannot give you legal advice. Do not harass the Probation staff. I acknowledge receipt of these guidelines, and agree to abide by these rules and regulations. Any breach of trust, or violation of these guidelines can result in my case being returned to court for further action. Date Defendant Probation Services Staff L* • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. °� - For Meeting Of / 9 7 ITEM TITLE: An Ordinance relating to City Government Administration; and authorizing establishment of a Daytime Detention Program under the direction of the City of Yakima Probation Services and enacting a New Section, Section 1.60.170 of the City of Yakima Municipal Code. SUBMITTED BY: Maurice Harris, Probation Services Jeff B. West, Assistant City Attomey 1J . CONTACT PERSON/TELEPHONE: Jeff B. West, Assistant City Attorney, 575 -6033 SUMMARY EXPLANATION: The attached Ordinance creates a Daytime Detention Program for City of Yakima misdemeanants. Attached hereto are the Probation Services Day Detention Program description and Day Detention guidelines. • It should be noted that in paragraph 5 of the proposed Ordinance, "no actual day detention shall be required until an appropriate facility has been prepared." The preparation of an appropriate facility for day detention will have a fiscal impact on the City. This issue will be addressed by subsequent presentations to Council. Resolution _ Ordinance X Contract Other(Specify) Funding Source , APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • ILL yPmaLnn n.. CM Wm; NJ.