Agenda Date: 10/06/2015
Subject:
Title
Ordinance on second reading of the City of Littleton, Colorado, deleting and replacing section 11 of chapter 6 of title 1 of the city code, pertaining to commitment in default of payment of fine
Body
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Presented By: |
Wendy Heffner, City Clerk |
POLICY QUESTION:
Does city council support amending section 11 of chapter 6 of title 1 of the city code pertaining to commitment in default of payment of fine?
BACKGROUND:
HB 1061, which amended Colo. Rev. Stat. 18-1.3-702, provides due process protections to defendants who have a monetary obligation to the court. It also limits the circumstances under which a defendant may be sent to jail for defaulting on a court fine.
Currently, city code allows the court to commit to jail those who have unpaid court fines, for any offense for which jail is a possible penalty, until such costs, fines or penalties or paid. The rate of satisfaction is $50 per day, up to a maximum of 15 days.
STAFF ANALYSIS:
The proposed ordinance still allows possible commitment to jail for unpaid monetary obligations for a period of 15 days and still prohibits commitment to jail if the offense for which the monetary obligation was imposed does not carry a possible jail sentence as a penalty. The city code does not allow jail sentences for traffic infractions such as speeding and stop signs but does allow jail sentences for traffic offenses such as careless or reckless driving, no insurance, etc. and non-traffic misdemeanors. It also does not allow jail sentences for juveniles. The proposed ordinance removes the $50 per day satisfaction rate and requires the court to comply with the requirements of Colo. Rev. Stat. 18-1.3-702.
STAFF RECOMMENDATION:
Judge Feldman recommends approval of the ordinance.
PROPOSED MOTION:
Proposed Motion
I move to approve on second reading the ordinance deleting and replacing section 11 of chapter 6 of title 1 of the city code.