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HomeMy WebLinkAbout1986-01 - Authorization for the Court to Grant ProbationBILL NO. ~~'~ ORDINANCE N0. d~`~ AN ORDINANCE AUTHORIZING THE COURT, IN ADDITION TO THE PENALTIES ALREADY PROVIDED BY ORDINANCE, TO GRANT PROBATION, TO DETERMINE THE LENGTH OF PROBATION, TO SUSPEND IMPOSITION OF SENTENCE, AND PROVIDING FOR AN ORDINANCE VIOLATION FOR ANY VIOLATION OF THE TERMS OF PROBATION AND AUTHORIZING THE COURT TO IMPRISON DEFENDANTS IN THE CITY JAIL, OR PLATTE COUNTY JAIL, OR ANY SUITABLE DETENTION FACILITY DESIGNATED BY THE COURT. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE AS FOLLOWS: SECTION I. In addition to any penalties now provided by Ordinance, the Court may imprison any Defendant in the City Jail or Platte County Jail or any suitable detention facility designated by the Court. SECTION II. In addition to any penalties now provided by Ordinance, the Court may place any individual, concern, organization or corporation on probation or parole for a term not to exceed two (2) years. SECTION III. In addition to any penalties now provided by Ordinance, the Court may suspend imposition of any sentence and place any individual, concern, organization or corporation on probation for specific period. SECTION IV. The Court may grant probation if, having regard to the nature and circumstances of the offense and the history and character of the Defendant, the Court is of the opinion that: 1. Institutional confinement of the Defendant is not necessary for the protection of the public; and 2. The Defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision. SECTION V. The term of probation or parole shall not exceed a term of two (2) years. SECTION VI. A term of probation commences on the day it is imposed. The Court may terminate a period of probation and discharge the Defendant at any time before completion of the specific term fixed by the Court if warranted by the conduct of the Defendant and the ends of justice. Probation can be terminated by the Court upon application of the City, the Defendant, or the Court's own motion. h SECTION VII. If the Defendant violates a condition of probation at any time prior to the exploration or termination of the probation term, the Court may continue him on the existing conditions, with or without modifying or enlarging the conditions or, if such continuation, modification, or enlargement is not appropriate, may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the Court may revoke probation and impose any sentence available under this Section. The Court may mitigate any sentence of imprisonment by reducing the jail term by all or part of the time the Defendant was on probation. SECTION VIII. Violation of the terms of probation shall constitute a separate offense punishable under this Section. SECTION IX. Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether he violated a condition of probation, and, if he did, whether revocation is warranted under all the circumstances. SECTION X. At any time during the term of probation the Court may issue a notice to the probationer to appear to answer a charge of a violation, and the Court may issue a warrant of arrest for the violation. Such notice shall be personally served upon the probationer or mailed to the probationer by certified mail. The warrant shall authorize the return of the probationer to the custody of the Court or to any suitable detention facility designated by the Court. SECTION XI. The power of the Court to revoke probation shall extend for the duration of the term of probation designated by the Court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the probationer and to conduct the hearing prior to the expiration of the period. SECTION XII. It is further directed that the Clerk of the City amend each penalty provision of a code violation to conform with this Section. PASSED THIS 7th DAY OF u r , 1986 . MAYOR ATTEST: -e-L~,~-u~r-~-l~ CITY LERK APPROVED THIS 7th DAY OF Januar , 198 6 . MAYOR