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Legislation #: 120785 Introduction Date: 8/30/2012
Type: Ordinance Effective Date: 9/23/2012
Sponsor: COUNCILMEMBERS SHARP, REED, BROOKS AND TAYLOR
Title: Amending Chapter 44, Code of Ordinances, by repealing Sections 44-9 and 44-11 relating to prisoners and enacting in lieu thereof two new sections of like number and subject matter.

Legislation History
DateMinutesDescription
8/30/2012 Filed by the Clerk's office
8/30/2012 Referred to Public Safety & Emergency Services Committee
9/5/2012 Hold On Agenda (9/12/2012)
9/12/2012 Advance and Do Pass as a Committee Substitute, Debate
9/13/2012 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120785

Amending Chapter 44, Code of Ordinances, by repealing Sections 44-9 and 44-11 relating to prisoners and enacting in lieu thereof two new sections of like number and subject matter.

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 44-9 and 44-11 relating to prisoners and enacting in lieu thereof two new sections of like number and subject matter, to read as follows:

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 his term. Such release is based upon conditions imposed by the sentencing judge of the court or by the neighborhood and community services department.

(b) Recommendation for parole of disabled prisoners. Whenever it shall be reported to the director of neighborhood and community services that any person confined in the correctional facility is disabled, or is afflicted with any contagious disease, mental illness, sickness or infirmity, the director of neighborhood and community services may recommend that such person be placed on parole.

(c) Recommendation of parole for other prisoners. The director 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 director may unconditionally release from custody unsentenced or sentenced prisoners nearing the end of their sentence who have behaved meritoriously and had no significant problem while incarcerated. In addition, the director 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.

 

Sec. 44-11. Authority of clerk of the municipal division courts to establish prisoner

assistance programs.

The clerk of the municipal division courts or such clerk’s designee shall have the authority to establish any prisoner assistance programs which would benefit the city’s prisoner population, including but not limited to the following: work release, drug and alcohol counseling, GED or other educational programs, and recreational programs.

_______________________________________________________

 

Approved as to form and legality:

 

__________________________________

Alan L. Holtkamp

Assistant City Attorney