202322010015190
311812010 PM
Recorded.
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Recorded Official 4M
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I ORDINANCE NO. 20,2312
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3 AN ORDINANCE TO IMPOSE AN ADDITIONAL FINE OF TWENTY DOL-
4 LARS ($20.00), IN ACCORDANCE WITH ACT 209 OF 2009 ENACTED BY
5 THE 87 T" ARKANSAS GENERAL ASSEMBLY, TO BE COLLECTED FROM
6 EACH DEFENDANT IN A LITTLE ROCK DISTRICT COURT UPON A
7 CONVICTION, A PLEA OF GUILTY, OR A PLEA OF NOLO CONTEN-
8 DERE, OR FOR EACH BOND FORFEITURE, FOR ANY MISDEMEANOR
9 OR TRAFFIC VIOLATION; TO USE THE REVENUES FROM SUCH A FINE
10 FOR THE PURPOSES SET FORTH IN THE ACT AS RELATED TO PRIS-
11 ONERS; TO PROVIDE FOR THE DEPOSIT OF SUCH MONIES INTO THE
12 CITY TREASURY TO BE DEPOSITED INTO A FUND TO BE USED EX-
13 CLUSIVELY FOR THE PURPOSES SET FORTH IN THE ACT; TO DE-
14 CLARE AN EMERGENCY; AND, FOR OTHER PURPOSES.
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(Short Title)
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(AN ORDINANCE TO IMPOSE A TWENTY DOLLARS ($20.00)FINE IN
TLE ROCK DISTRICT COURTS IN ACCORDANCE WITH THE PROVIS N
ACT 209 OF 2009 TO DEFER COSTS ASSOCIATED WITH PRISONERS;
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CLARE AN EMERGENCY; AND FOR OTHER PURPOSES)
23 WHEREAS, the 87" Arkansas General Assembly passed, and Governor Mike Beebe signed, Act 209
24 of 2009 ( "the Act "), which amended Ark. Code Ann. § 16 -17 -129 (West Supp. 2009) to permit the collec-
25 tion of a twenty dollar ($20.00) fine from each defendant who is convicted, pleads guilty, pleads nolo
26 contendere, or is subject to a bond forfeiture in a Little Rock District Court; and,
27 WHEREAS, pursuant to the Act the revenues collected pursuant to this fine may be used for the
28 maintenance or operation of a regional jail, to defray the costs to incarcerate prisoners held by a county, to
29 transport or incarcerate prisoners, and for other purposes set forth in the Act; and,
30 WHEREAS, such costs to the City include, but are not limited to, the current sums paid to Pulaski
31 County for maintenance and operation of the Pulaski County Regional Detention Facility ( "PCRDF ");
32 and,
33 WHEREAS, these monies, once properly collected and accounted for in accordance with the Act,
34 will assist with the costs incurred by the City for the County's refusal to accept all prisoners tendered for
[PAGE 1 OF 3]
Ordinance to impose 520.00 fine in accordance with Act 209 of 2009
to deal with prisoner costs
I incarceration at the PCRDF, including but not limited to the special contractual arrangements the City has
2 to undertake to have certain prisoners housed in the Faulkner County Jail;
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
4 OF LITTLE ROCK, ARKANSAS:
5 Section 1. Pursuant to Act 209 of 2009 of the 87th Arkansas General Assembly, a fine of twenty dol-
6 lars ($20.00) is hereby to be imposed by each division of the Little Rock District Court on each defendant
7 in a Little Rock District Court, on each conviction, plea of guilty, plea of nolo contedere, or each bond
8 forfeiture.
9 Section 2. The revenues that result from this additional fine provision shall be deposited in the City
10 treasury in a fund to be used exclusively to help defray the cost of incarcerating prisoners, and payments
11 to other entities for incarcerating prisoners.
12 Section 3. All sums collected from the additional fine authorized in Section 1 of this ordinance shall
13 be used for one of the following purposes at the discretion of the Board of Directors:
14 (a) The construction, maintenance, and operation of a jail, or the Pulaski County Regional Deten-
15 tion Facility;
16 (b) To defray the costs of incarcerating county prisoners held by the City;
17 (c) The transportation and incarceration of prisoners;
18 (d) The purchase and maintenance of equipment for a jail, or for the Pulaski County Regional
19 Detention Facility;
20 (e) The training, salaries, and any necessary certificates, required for persons who staff the incar-
21 ceration facilities set forth in this Ordinance.
22 Section 4. Nothing in this Ordinance should be deemed to conflict with the City's position that a
23 person arrested for a state criminal offense is a county prisoner.
24 Section 5. Section 5. Severability. h1 the event any section, subsection, subdivision, paragraph,
25 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be in-
26 valid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of
27 this ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance.
28 Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
29 ordinance are hereby repealed to the extent of such inconsistency.
30 Section 7. Emergency Clause. It has been established that one of the most effective ways to reduce
31 criminal activity with the corporate limits of the City of Little Rock, Arkansas, and to protect its citizens,
32 is to incarcerate persons charged with a criminal offense; however, the Pulaski County Regional Deten-
33 tion Facility refuses to accept for incarceration all persons arrested for violation of state offenses; fur -
34 ther, as a result of this refusal by Pulaski County, the City has had to take extraordinary measures such
[PAGE 2 OF 3]
Ordinance to impose 520.00 fine in accordance with Act 209 of 2009
to deal with prisoner costs
I as participation in a part -time booking facility in North Little Rock, Arkansas, and contracting with
2 Faulkner County to house prisoners in the Faulkner County Jail; further, these additional costs, in addi-
3 tion to the monies already paid by the City to Pulaski County for operation of the Pulaski County Re-
4 gional Detention Facility, are a tremendous drain on City resources, particularly at a time when City
5 services have been severely impacted by the national economic downfall; further, the ability to deal with
6 these problems with a revenue source made available to the City by state law is essential to protect the
7 public health, safety and welfare; therefore, an emergency is declared to exist and this ordinance shall be
8 in full force and effect from and after the date of its passage and publication.
9 DATE: March 16, 2010
to ATT EST: APPROVED:
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13 Susan gl y, City Clerk Mark Stodola, Mayor
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15 APPROVED AS TO LEGAL FORM:
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18 Thomas M. Carpenter, City torney
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[PAGE 3 OF 3]
Ordinance to impose $20.00 fine in accordance with Act 209 of 2009
to deal with prisoner costs