HomeMy WebLinkAbout2018 Ordinance No. 021ORDINANCE NO. 21
SERIES 2018
BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
MUNICIPAL COURT FIRST APPEARANCE GRANT PROGRAM FROM THE COLORADO
DEPARTMENT OF LOCAL AFFAIRS
WHEREAS, the State of Colorado in 2016 enacted Colorado Revised Statute 13-10-
114.5 which mandates that all Municipal Courts in Colorado provide defense counsel for all
persons in custody, and the offense includes a possible jail sentence;
WHEREAS, upon passage of the Statute, its implementation was delayed until July 1,
2018 due to serious concerns surrounding the financial impact on municipalities throughout
the State;
WHEREAS, in 2018 the State Legislature established a grant program to be
administered by the Colorado Department of Local Affairs ("DOLA") to address the financial
impact of this unfunded mandate;
WHEREAS, DOLA is making $1,797,085 in grant funds available to the 217 municipal
courts to assist in offsetting the costs of providing defense counsel as mandated by the
statute;
WHEREAS, since this is a grant reimbursement for expenditures incurred by the
Municipal Court, TABOR restriction would not be impacted, and;
WHEREAS, the City of Englewood Municipal Court seeks Council approval of an
Ordinance authorizing the application for and, if granted, the acceptance of a 2018 Municipal
Court First Appearance grant in the amount of$ 32,500.00 dollars for the period of July 1,
2018 through August 31, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the application for and acceptance of the Municipal Court First Appearance Grant.
Section 2. The Court Administrator is hereby authorized to sign the Municipal Court First
Appearance Grant and Application on behalf of the City of Englewood.
Section 3. The funds for the Municipal Court First Appearance grant come from the
Colorado Department of Local Affairs. No Federal funds will be used.
Introduced, read in full, and passed on first reading on the 4th day of September, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th
day of September 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th
day of September, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 17th day of September, 2018.
Published by Title in the City's official newspaper as Ordinance No. 21, Series of 2018, on
the 20th day of September, 2018.
Published by title on the City's official website beginning on the 19th day of
September, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published
by Title as Ordinance No. 21, Series of 2018.
COLORADO
Department of Local Attairs
DMston of Local Government
Municipal Court First Appearance
Grant Program
Funding Available: $1,797,085
Purpose
Reimburse in whole or part, costs associated with the provision of defense counsel to
defendants at their first appearance in municipal courts as required, effective July 1, 2018,
under Colorado Revised Statute (CRS) § 13-10-114.5:
(1) At the time of first appearance on a municipal charge, if the defendant is in
custody and the charged offense includes a possible sentence of incarceration, the
court shall appoint counsel to represent the defendant for purposes of the initial
appearance unless, after a full advisement pursuant to C.M.C.R. 210 and section 16-7-
207, C.R.S., the defendant makes a knowing, intelligent, and voluntary waiver of his
or her right to counsel.
(2) If the defendant remains in custody, the appointment of counsel continues until
the defendant is released from custody. If the defendant is released from custody, he
or she may apply for court-appointed counsel, and the court shall appoint counsel if
the court determines that the defendant is indigent and the charged offense includes
a possible sentence of incarceration.
Eligible Entities
Colorado Municipal Courts
Process -Pi lot Launch
Notice of Funds Available will open September 1, 2018. Reimbursement applications will be
accepted up to October 1, 2018.
All requests for reimbursement must:
• Complete an application through the e-grants portal.
• Provide supporting documentation of any and all expenses for provision of first
appearance as required under CRS 13-10-114.5 for the time frame August 1-August 31,
2018.
• Provide a spreadsheet of all first appearances between August 1 and August 31, 2018
and type. An example of how to count those appearances is attached.
• Provide the date of approval from the Chief Elected Official to seek reimbursement to
include confirmation that the applicants have evaluated TABOR limitations and can
accept these dollars.
It is important that each application provide the total hours of provision of service along with
the spreadsheet of actual appearances as the state is prepared to reimburse each hour for the
provision of service related to first appearances at $75 per hour or the hourly rate of the
Alternative Defense Council for Misdemeanor ft Traffic whichever is greater until funding is
expended for the year.
Contacts
Colorado Department of Local Affairs
Division of Local Government
Alison Williams Helm, 303-864-7897, alison. williams.helm@state.co. us
7/2/18
Municipal Court • fll'$l Appearance Grant Program
Flnt Appearance per
Date Lennh of Docut l>eleftdant's Na"'8 ea .. Number ,., ... of llurint! CllS 1J.UH14.S A.....,_,'s Na"'8 Aini of Time
EXAMPLE
8/3/2018 2houn I Smith 16-3876 Arraignment y Bob W illiams 20mlnutes
I Grav 18-47 Pre·trial conference N Bob W illiams
S.Ramiret 18-384 Arraifnment y Greg Downin•
8/4/l018 2 hours T,Wilson 18·82S Ar,aiitnmtnt V Gre• Downin•
Flnt Appearance per
Date Len.th of l>ocket Del'enclant's Name ~Number r-ofHeari• CllS 1J.UH14.S A,._,, Name Notes