HomeMy WebLinkAbout2002-032 - Amendment to Section 130.180 and Addition of Section 200.060 of the Municipal CodeBILL NO. 2002-
ORDNANCE NO. 2002- ~~ ~
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
R[~"ERSIDE, ~I[SSOURI, BY MOllIFYING SECTION 130.180 AND
AllDING SECTION 200.Oe~0 RELATNG TO PRE-RELEASE
INQUIRIES ON PRISONEKS CONVICTED OF CRIMES
OR HELD ON SUSPICION OE CHARGES
WHEREAS. the Missouri Legislature has adopted a bill, and signed such into law. ~~~hich
requires that all law enforcement ufticials and jailers conduct a Missouri [!niform La..
1/nfin~cemcnt System ("MULES") and a ~lational Crime Information Center ("'sICIC") inquir}
for outstanding misdemeanor and felony warrants on all prisoners prior to release.
WHEREAS. failure to conduct such check may result in com~iction oC a Class :A
misdemeanor.
~~'IIEREAS, the Board of Aldermen and the City wishes to protect the public health.
safety and welfare of its citizens.
WHF,REAS, the City Code pro~~isions arc intended to comply with and enforce those
requirements imposed by State statute. including those related to the keeping and processing <~t
prisoners.
NOW, THEREFORE, BE IT ORllA1NED. Qy the Board of Aldermen of the Cit}~ of
Rieersidc. y~lissouri, as follo~ys:
Section 1. The Municipal Code of the City of Riverside. Chapter 130. Section 130.180 is
hereby amended and shall read as follows:
SECTION 130.180: JAILING OF DEFENDANTS
If. in the opinion of the Municipal Judge. the City has no suitable and sate place
of confinement, the Municipal Judge may commit the defendant to the Count
Jail or to any private correctional facility with which the Cite maintains a
contractual arrangement for the jailing of Cit}~ prisoners. and it shall be the duty
of the Sheriff or the Jailer of any pri~~ate facility upon receipt of a ~yarrant of
commitment from the Judge to receive and safely keep such prisoner until
dischar~~ed by due process of law. I-he municipality shall pad the board of such
prisoner at the same rate as ma~~ nosy ur hereafter be allowed to the Sheriff or to
any private confinement facility l~u the keeping of such prisoner in hisrher or it,
custody. The same shall be ta~a1 as costs. ~o prisoner shall at any time or in any
manner he released or transferred h~om custody unless and until the Director ~~I
Public Saferi~ or an authorized yiember of the Department of Public Salcty has
conducted an inquiry of the Missouri uniform Law Lnt~n~cement System
fA(l~Lf:S) and an inquir} of the ~`ational Crime Information Center I~CICi t~,
i < i n ~ i ~ „i rr ~~~,~~ , h~ -,.~~,<,ti uuc
determine ~~hether there arc an. pending outstanding ~~arrants for misdemeanors
andror ~~elonies on such prisoner ~~ho is to be released, whether the prisoner has
been cum icted of a crime or is bein<~ held on xispiciun of charges.
Section ~. fhe Municipal Code of the Cite of Riverside. Chapter X00. is heretic amended
b~~ addin~a ~~Section '00.00: [nyuiries Rc~~ardin<< (~utstandin« ti[isdemeanors and Felunics.'~
~chich Section shall road as follo~cs:
SF,CTION 200.00: INQUIRIES REGARDING OUTSTANDING
vIISDEMEANORS AND FELONIES
.~. The Director of Public Safety or an authorized member of the Department of
Pubic Safety shall conduct an inquiry of pending outstandin~~ ~~arrants for
misdemeanors and felonies through the Missouri Uniform Laic Enforcement
Scstem (ti1ULES) and the National Crime Information Center (NCIC) on an}~ and
all prisoners to be released, whether convicted of a crime or being held on
suspicion of charges, from custody.
B. No prisoner. ~chether convicted of a crime or bein~~ held on suspicion of and
char<~e. shall be released or transferred ti-om a correctional facility ur jail to any
other facility prior to ha~°ing a locxil, state or federal warrant check conducted by
the Director of Public Safety or an authorized member of the Department of
Public Safctc.
C If am prisoner warrant check indicates uutstandine charges or uutstandin~_
warrants h~om another jurisdiction. it shall be the dote of the person conducting
the warrant check to inform the a<~encv that issued the warrant that the
correctional tacilit_e or jail has such prisoner in custody. [hat prisoner shall not
be released except to the custod}° of the jurisdictional authorit}~ that had issued the
warrant, unless the wan~ant has been satislicd ur dismissed. or unless the warrant
issuing agency has notified the Department of Public Safety that the agency does
not wish the prisoner to be transferred or the warrant to he pursued.
Section 3. The sections. paragraphs. clauses. and phrases of this chapter arc severable
and if am~ phrase, clause, sentence, paragraph. or section of this Chapter shall be declared
unlawful be the valid judgement, decree, or injunction order of a curet of competent jurisdiction.
such rulin~~ shall not affect any of the remaining phrases, clauses. sentences. paragraphs. and
sections of this Chapter. In the event that contrarc to the policies. interests, and values of the
Cite, a court of competent jurisdiction issues a judgement decree. or injunction order that this
Chapter is unlawful because of anc omission or prohibition in this Chapter, than all provisions of
this Chapter not specifically declared to be unlawhd shall remain in full force and effect [n the
cyent that a judgement decree or injunction order declarin<* all or a portion of this Chapter to he
unlawful is re~erscd or vacated by a court of competent jurisdiction. the pruyisions contained in
this Chapter shall remain in full force and effect.
Section 1. phis Ordinance shall be in full force and effect from and a~[er its passa~~c and
appro~ al. --
~dupted and passed thi~~Cla} of . ?UO?.
Mayor Betty Burch
~1T"hES~ .
Cite Clerk