ORDINANCE NO. 120853

Amending Chapter 44, Code of Ordinances, by repealing Sections 44-1, 44-3, 44-5, 44-8 and 44-9 relating to municipal corrections and enacting in lieu thereof five new sections of like number and subject.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 44, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 44-1, 44-3, 44-5, 44-8 and 44-9 relating to municipal corrections and enacting in lieu thereof five new sections of like number and subject, to read as follows:

Sec. 44-1. Powers of the clerk of the municipal division courts regarding prisoners.

(a)    The clerk of the municipal division courts or such clerk’s designee shall have the power to:

(1) Inquire into the nature of any case brought before the municipal division courts of the city, and may recommend that any person convicted thereby shall be pardoned:

(2) Authority to transport or designate an authorized agent to transport inmates to and from a correctional facility as designated by the clerk of the municipal division courts or such clerk’s designee pursuant to an inmate housing agreement;

(3) Establish rules and regulations under which and specify the conditions upon which, any prisoner may be allowed to go on work release, or be assigned outside the buildings and enclosures of any correctional facility. Such prisoner shall remain, while on work release, in the legal custody and under the control of the clerk of the municipal division courts or such clerk’s designee, and shall be subject at any time to be placed or taken back within the enclosures of the correctional facility for violation of any conditions of such work release or assigned outside work;

(4) Enforce such powers, regulations and conditions, and to retake and reimprison any prisoner so trusted to the correctional facility.

(b) Whenever the term municipal correctional institution is used in the city’s code of ordinances, it shall mean a correctional facility and any other facility for the inmate population as designated by the clerk of the municipal division courts or such clerk’s designee.

Sec. 44-3. Police assistance to the municipal division courts to enforce this chapter.

It shall be the duty of the police department of the city to cooperate with the municipal division courts and, at all times, at the request of the municipal division courts, to render it such aid and assistance as it may require to carry out the provisions of this chapter.

Sec. 44-5. Compelling prisoners to work; allowance for labor; punishment of prisoner.

(a) Work required. All prisoners shall be required to participate in work assignments unless excused. Such assignments may include but not be limited to the following: general maintenance of the correctional facility, work for departments of city government, work release, or any other activity ordered by a judge.

(b) Allowance. Each prisoner shall receive credit on the books of the correctional facility against and towards the satisfaction of the execution or warrant of commitment under which the prisoner is held in custody, at the rate authorized by the court en banc of the municipal division courts for each day of sentence, or part thereof; provided that, in accordance with state law, a prisoner held for nonpayment of a fine will not be held for longer than 30 days unless otherwise ordered by the sentencing judge.

(c) Punishment. Any sentenced prisoner who shall refuse a work assignment, or refuse to work diligently, or any sentenced or unsentenced prisoner who shall behave in a riotous or disorderly manner, or shall resist or refuse to obey a lawful order, or shall attempt to escape from a correctional facility, may be disciplined in an appropriate manner pursuant to the correctional facility procedures.

Sec. 44-8. Pardons.

The mayor shall have authority to pardon any person convicted of violating any ordinance of this city, and may request the clerk of the municipal division courts to investigate and make a recommendation on a pardon inquiry. In addition, the mayor shall transmit to the city clerk and the clerk of the municipal division courts a duplicate copy of all pardons granted to persons so convicted, and the city clerk and clerk of the municipal division courts shall keep a record of such pardons. The mayor is authorized to make and promulgate reasonable and necessary rules and regulations to carry out the provisions of this section. A copy of such rules and regulations shall be filed in the office of the city clerk and the clerk of the municipal division courts. A nonrefundable fee in an amount sufficient to defray the expenses of investigating the pardon application, preparing a recommendation and issuing the mayor’s response shall be charged.

Sec. 44-09. Parole.

(a) Definition. For purpose of this section, the term parole means the release of a prisoner prior to the expiration of the prisoner’s term. Such release is based upon conditions imposed by the sentencing judge of the court or by the clerk of the municipal division courts or such clerk’s designee.

(b) Recommendation for parole of disabled prisoners. Whenever it shall be reported to the clerk of the municipal division courts or such clerk’s designee that any person confined in the correctional facility is disabled, or is afflicted with any contagious disease, mental illness, sickness or infirmity, the clerk of the municipal division courts or such clerk’s designee may recommend that such person be placed on parole.

(c) Recommendation of parole for other prisoners. The clerk of the municipal division courts or such clerk’s designee may also recommend parole for prisoners not in the categories described in subsection {b} of this section. Such may include but shall not be limited to the following: in the event of overcrowding at a correctional facility, the clerk of the municipal division courts or such clerk’s designee may unconditionally or conditionally release from custody unsentenced prisoners or sentenced prisoners nearing the end of their sentence who have behaved meritoriously and had no significant problem while incarcerated. In addition, the clerk of the municipal division courts or such clerk’s designee may allow early release of prisoners who have served at least one-third of their sentence and who have meritoriously participated in a program established to encourage good behavior and to facilitate such early releases. Any such program shall pinpoint prisoners who, through initiative, hard work and participation in self-improvement programs, have earned such consideration. A detailed administrative procedure shall be established to implement any such program.

(d) Concurrence of circuit court. Whenever a prisoner is confined in a correctional facility by virtue of sentencing by a judge other than a municipal judge, no parole or early release shall be granted without the express written concurrence of the judge so sentencing the prisoner.

(e) Municipal judges. Whenever a prisoner is confined in a correctional facility by virtue of sentencing by a municipal judge, no early release shall be granted if the municipal judge at the time of sentencing specified that the prisoner shall not be released early. Any early release shall be subject to any conditions specified by the municipal judge at the time of sentencing.

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Approved as to form and legality:

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Alan L. Holtkamp

Assistant City Attorney