HomeMy WebLinkAbout04/10/2007 Blue Sheet Probation Monitoring Fees
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE:
April 10, 2007
AGENDA ITEM:
D.2
TO:
MAYOR AND COUNCIL
FROM:
Jane Fairall, Deputy Town Attorney
SUBJECT:
Discussion and direction regarding proposed amend-
ments to Title 5 (Municipal Court), adopting new probation moni-
toring fees.
DISCUSSION
At the current time, Marana Municipal Court uses the services of a private company for its probation
services. This private company offers similar services in various courts in Pima County. Due to the
growth of the Town and the concurrent growth of the criminal case load in the court, the court is now
in need of services and programs that a private company is unable to offer.
As a result, the court has decided to hire an in-house probation monitor, to monitor Marana Munici-
pal Court probationers. An in-house probation monitor would benefit the greater community of the
Town in ensuring that cases do not fall through the cracks and that convicted defendants are held ac-
countable to their sentences. In addition, an in-house probation monitor would be devoted solely to
Marana Municipal Court cases and would, therefore, be able to provide more service to probationers,
which also benefits the Town on a larger scale. Finally, an in-house probation monitor would oper-
ate solely for the benefit of the court, without the competing interests that a private company must
consider in operating its business.
The proposed amendment provides for the imposition of probation fees to pay for the position and
for the services the probation monitor will provide. These probation fees would be imposed as a
condition of probation and would be no less than the amount provided for in state statute for super-
vised adult probation, which is currently $50 per month. The proposed amendment also allows the
court to impose a lesser fee if the court determines that the probationer is unable to pay.
Staff requests feedback and direction from Council concerning the proposed Municipal Court provi-
SiOns.
ATTACHMENTS
Draft ordinance amending Marana Town Code Title 5 (Municipal Court), adopting new probation
monitoring fees.
REQUESTED ACTION
Feedback and direction from Council at its discretion.
SUGGESTED MOTION
I move that we direct staff to bring back to the Council for adoption the proposed amendments to the
Town Code Municipal Court provisions (Town Code Title 5).
{00004383.DOC I}
MARANA ORDINANCE NO. 2007.xx
RELATING TO MUNICIPAL COURT; REVISING COURT FEES; AMENDING MARANA
TOWN CODE, TITLE 5, BY ADDING SECTION 5-6-2 ENTITLED "PROBATION FEES";
AND DESIGNATING AN EFFECTIVE DATE.
WHEREAS the Town Council finds that the imposition of fees for court-monitored pro-
bation services payable in the Marana Municipal Court is in the best interests of the Town and its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 5 of the Marana Town Code is hereby revised by adding section 5-6-2
entitled "Probation Fees" as follows:
Section 5-6-2
Probation fees
A. When granting court-monitored probation to a defendant, the court shall, as a
condition of probation, assess a monthly probation monitoring fee.
B. The monthly probation monitoring fee shall reflect the actual costs of the
monitored probation, including probation intake sessions, any necessary test-
ing, court-ordered treatment and any other necessary costs. The monthly
probation monitoring fee shall not be less than the sum specified in A.R.S.
S 13-901 (A) or any successor provision, except that the court may assess a
lesser fee after determining that the probationer is unable to pay the fee.
C. The monthly probation monitoring fee shall only be assessed when a defen-
dant is placed on monitored probation.
SECTION 2. This Ordinance shall become effective on the 1 st day of July, 2007.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this _ day of ,2007.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
{00004300.DOC I}
- 1 -
3/20/20075:23 PM JFIFC