ORDINANCE NO. 090575

Amending Chapter 44, Code of Ordinances, by repealing Sections 44-1 through 44-14 and enacting new sections of like subject which shall be sections 44-1 through 44-11 and assigning a new chapter name which shall be Corrections.

WHEREAS, the Council of the City of Kansas City has determined that it is in the public interest, safety and welfare of the City of Kansas City to amend Chapter 44 to permit inmates and detainees to be housed in a correctional facility other than the Municipal Correctional Institution; and

WHEREAS, the Council of the City of Kansas City has determined the name of this chapter of City code shall be amended from Municipal Correctional Institution to Corrections; NOW, THEREFORE,

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 through 44-14 and enacting new sections of like subject matter, and enacting new Sections 44-1 through 44-11 and a new chapter name which shall be Corrections.

Sec. 44-1. Powers of director of neighborhood and community services regarding

prisoners.

The director of neighborhood and community services shall have the power to 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. He shall have full power and authority to 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 director of neighborhood and community services, 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. The director of neighborhood and community services shall have full authority to enforce such powers, regulations and conditions, and to retake and reimprison any prisoner so trusted.

Sec. 44-2. Escapes, walkaways and failures to return; introduction of contraband;

trespassing; interference with superintendent or subordinates.

(a)    Definitions. For purposes of this section, the following terms shall have the meanings given in this subsection:

(1)               Escape means the unauthorized departure of a prisoner, in lawful custody, from a correctional facility compound, or in transit to the compound.

(2)               Walkaways and failure to return mean the unauthorized departure of a prisoner from any supervised or unsupervised assignment outside the correctional facility, or failure to return from any authorized absence from the correctional facility, i.e., work release, hospital visit and outside work activity.

(3)               Contraband means alcoholic beverages, controlled substances, weapons knives or other items forbidden on premises by a correctional facility rules and regulations.

(b)   If any person, in lawful custody, shall escape, walk away, fail to return, or attempt to escape, walk away or fail to return, it shall be deemed prima facie evidence of an ordinance violation.

(c)    If any person shall assist, or attempt to assist, the escape, walk away or failure to return of a prisoner, in lawful custody, shall be prima facie evidence of an ordinance violation and may be arrested without warrant by the manager of the correctional facility or his subordinates.

(d)   If any person shall introduce, or attempt to introduce, contraband into a correctional facility, it shall be deemed prima fascia evidence of an ordinance violation.

Sec. 44-3. Police assistance to neighborhood and community services department.

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

Sec. 44-4. Conditions under which prisoners are accepted and released.

(a)    No prisoner shall be received at a correctional facility without a valid written order of commitment from the court. If such an order is already in the possession of the correctional facility, then such prisoner may be accepted.

(b)   No prisoner shall be released from a correctional facility prior to expiration of sentence without a valid written order from the court, except as otherwise provided by 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 he is held in custody, at the rate of $15.00 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. 44-6. Discharge of prisoner.

The correctional facility shall discharge all prisoners who have satisfied the judgment of the court either through completion of sentence or payment of fine, or both.

Sec. 44-7. Time off for good behavior.

Any person who is now or may hereafter be confined in a correctional facility, who shall serve two-thirds of the time imposed by fine or sentence, and shall have conducted himself in an orderly and peaceable manner without any infraction of the rules of the correctional facility, shall be discharged in the same manner as if such prisoner had served the full time imposed by fine or sentence, or both.

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 director of neighborhood and community services, city clerk and the clerk of the municipal division courts a duplicate copy of all pardons granted to persons so convicted, and the director of neighborhood and community services, 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 mayors 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 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.

Sec. 44-10. Misuse of prisoner labor.

(a)    Prohibited. Except where permitted in subsection {b} of this section, it shall be unlawful for the city, county, or any department, officer or employee of the city, or county, to engage or permit to be engaged any prisoner, in the custody and care of a correctional facility, in competition with free labor, or to contract the services of a city prisoner in any labor which otherwise would be performed by paid laborers.

(b)   Exceptions. This section shall not be construed as prohibiting the employment of city prisoners after conviction in any work to be performed strictly for the use and benefit of the city or other governmental entities or agencies, or as a part of any established community service work program, or for work performed for any charitable organization, agency or other non-for-profit corporation.

Sec. 44-11.  Authority of director to establish prisoner assistance programs.

The director of neighborhood and community services shall have the authority to establish any prisoner assistance programs which would benefit the citys 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:

___________________________________

Kathy K. Adams

Assistant City Attorney