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HomeMy WebLinkAbout87-20 RESOLUTIONOF FAY ETTP Y i tJIIAA ; F 4RKA NS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 87-20 File Number: 2020-0253 WASHINGTON COUNTY DETENTION CENTER COVID-19: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE RELEASE OF PRE- TRIAL NON-VIOLENT DETAINEES FROM THE WASHINGTON COUNTY .DETENTION CENTER TO REDUCE THE RISK OR IMPACT OF A COVID-19 OUTBREAK IN THE JAIL AND TO PROTECT THE PUBLIC HEALTH DURING A STATE OF EMERGENCY WHEREAS the United States of America, the State of Arkansas and the City of Fayetteville have all declared states of emergency in their respective jurisdictions resulting from the worldwide pandemic of COVID-19; and WHEREAS leaders at all levels of government have urged, and sometimes ordered, people not to gather in large numbers but rather practice "social distancing" in order to lower the risk to the public and "flatten the curve" of COVID-19 infection; and WHEREAS public health officials have widely recognized that concentrated human environments such as jails are particularly susceptible to outbreaks of communicable diseases in general and COVID-19 infection in particular; and WHEREAS the consequences of COVID-19 transmission in the Washington County Detention Center (the "jail"), would be potentially catastrophic to jail detainees, sentenced prisoners, staff and their families, and in turn, to the citizens of the City of Fayetteville with whom they interact; and WHEREAS significant reduction in the population of the jail, through the release of pre-trial detainees who are not charged with violent offenses and whose previous histories do not reflect a history or pattern of violent behavior, would reduce the likelihood or severity of an outbreak in the jail, mitigate the public health risk to all our citizens, and even potentially save lives. Page 1 Printed on 3/17/20 File Number 2020-0253 Resolution 87-20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas urgently requests that all branches of the Washington County government take necessary and responsible measures to reduce the population of the Washington County Detention Center via the pretrial release of detainees charged with, but not convicted of, nonviolent offenses. Section 2: That the City Council of the City of Fayetteville, Arkansas urges that no one be detained in the jail solely because of financial inability to post bail or bond, that bonds be set only in reasonable proportion to the seriousness of the crime charged and the defendant's previous history, and that all law enforcement and criminal justice agencies take appropriate measures to assure to the extent possible that limited jail space be reserved, primarily, for defendants who are demonstrably dangerous. PASSED and APPROVED on 3/16/2020 Attest: Y o,,:,!. Kara Paxton, City Clerk Treasure$: FAYE TEVILLE: P %9S •.'QKA NS Jam. Page 2 Printed on 3117/20 City of Fayetteville, Arkansas 113 West Mountain Street • `. ? Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0253 Agenda Date: 3/16/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution WASHINGTON COUNTY DETENTION CENTER COVID-19: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE RELEASE OF PRE-TRIAL NON-VIOLENT DETAINEES FROM THE WASHINGTON COUNTY DETENTION CENTER TO REDUCE THE RISK OR IMPACT OF A COVID-19 OUTBREAK IN THE JAIL AND TO PROTECT THE PUBLIC HEALTH DURING A STATE OF EMERGENCY WHEREAS the United States of America, the State of Arkansas and the City of Fayetteville have all declared states of emergency in their respective jurisdictions resulting from the worldwide pandemic of COVID-19; and WHEREAS leaders at all levels of government have urged, and sometimes ordered, people not to gather in large numbers but rather practice "social distancing" in order to lower the risk to the public and "flatten the curve" ofCOVID-19 infection; and WHEREAS public health officials have widely recognized that concentrated human environments such as jails are particularly susceptible to outbreaks of communicable diseases in general and COVID-19 infection in particular; and WHEREAS the consequences of COVID-19 transmission in the Washington County Detention Center (the "jail"), would be potentially catastrophic to jail detainees, sentenced prisoners, staff and their families, and in turn, to the citizens of the City of Fayetteville with whom they interact; and WHEREAS significant reduction in the population of the jail, through the release of pre-trial detainees who are not charged with violent offenses and whose previous histories do not reflect a history or pattern of violent behavior, would reduce the likelihood or severity of an outbreak in the jail, mitigate the public health risk to all our citizens, and even potentially save lives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas urgently requests that all branches of the Washington County government take necessary and responsible treasures to reduce the population of the Washington County Detention Center via the pretrial release of detainees charged with, but not convicted of nonviolent offenses. Section 2: That the City Council of the City of Fayetteville, Arkansas urges that no one be detained in the jail solely because of financial inability to post bail or bond, that bonds be set only in reasonable proportion to the seriousness of the crime charged and the defendant's previous history, and that all law enforcement and criminal justice agencies take appropriate measures to assure to the extent possible that limited jail space be reserved, primarily, for defendants who are demonstrably dangerous. City of Fayetteville, Arkansas Page i Printed on 311712020 File Number 2020-0253 City of Fayetteville, Arkansas Page 2 Printed on 3117/2020 Legistar ID No.: r aqO —Cig2T? SPECIAL MEETING AGENDA REQUEST FORM FOR: Special City Council Meeting of March 16, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE RELEASE OF PRE-TRIAL NON-VIOLENT DETAINEES FROM THE WASHINGTON COUNTY DETENTION CENTER TO REDUCE THE RISK OR IMPACT OF A COVID-19 OUTBREAK IN THE JAIL AND TO PROTECT THE PUBLIC HEALTH DURING A STATE OF EMERGENCY. APPROVED FOR AGENDA: k a _ _ . 5 114 1 Za Za q(rnci-, ember Kyle Smith Date �4� 30 (pi x Assistant City Attorney Blake Pennington Date Approved as to form Pennington, Blake From: Kyle Smith <citycouncil@kyle4fay.org> Sent: Monday, March 16, 2020 11:42 AM To: Williams, Kit; Pennington, Blake; Norton, Susan Cc: stadel46@gmail.com Subject: Resolution to Support Release of Nonviolent Pretrial Detainees During Public Health Emergency Yesterday I was contacted by Stan Adelman, the ombudsman for the Washington County Jail. He is urgently seeking support for his effort to release non-violent pre-trial detainees and to thin out the human population confined in tight quarters at the jail before it becomes a COVID-19 hot spot. These are mostly detainees who simply can't afford the bond that was set so they are sitting in the jail waiting weeks or months for their trial date. I spoke with Susan briefly about it this morning and it sounded like she thought it was worthy of further consideration. have accelerated the timetable since tomorrow's meeting is now this afternoon and will work with Stan throughout the day for more information. In the meantime, I wanted to make sure to get this in your hands so it can be prepped to walk on for today's meeting if the Mayor approves. I am also VERY open to policy advice on this. Rewording, additions, changes, etc... Stan helped with the language, and I've had about an hour to hammer on it myself this morning. I know we do not have jurisdiction, so this is merely and advisory request from the City government, I think, however, that it is a logical and necessary leadership position to take in a public health crisis. https://docs.google.com/document/d/1 3bpkdtJFIP17ee2GFcSuplkUWcicCZ-c5snvnE4Rxc/edit# - RES NON-VIOLENT PRE-TRIAL DETAINEE RELEASE - HE... Also, please review for typos. I've been fighting off 3 energetic kittens who think the keyboard is their playground. Kyle Smith Council Member Ward 4 Position 2 City of Fayetteville, Arkansas citycouncil@ kyle4fay.ors 479.274.8881 Facebook I Twitter I Website RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE RELEASE OF PRE-TRIAL NON-VIOLENT DETAINEES FROM THE WASHINGTON COUNTY DETENTION CENTER TO REDUCE THE RISK OR IMPACT OF A COVID-19 OUTBREAK IN THE JAIL AND TO PROTECT THE PUBLIC HEALTH DURING A STATE OF EMERGENCY. WHEREAS the United States of America, the State of Arkansas and the City of Fayetteville have all declared states of emergency in their respective jurisdictions resulting from the worldwide pandemic of COVID-19; and WHEREAS leaders at all levels of government have urged, and sometimes ordered, people not to gather in large numbers but rather practice "social distancing" in order to lower the risk to the public and "flatten the curve" of COVID-19 infection; and WHEREAS public health officials have widely recognized that concentrated human environments such as jails are particularly susceptible to outbreaks of communicable diseases in general and COVID-19 infection in particular; and WHEREAS the consequences of COVID-19 transmission in the Washington County Detention Center (the "jail"), would be potentially catastrophic to jail detainees, sentenced prisoners, staff and their families, and in turn, to the citizens of the City of Fayetteville with whom they interact; and WHEREAS significant reduction in the population of the jail, through the release of pre-trial detainees who are not charged with violent offenses and whose previous histories do not reflect a history or pattern of violent behavior, would reduce the likelihood or severity of an outbreak in the jail, mitigate the public health risk to all our citizens, and even potentially save lives; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas urgently requests that all branches of the Washington County government take necessary and responsible measures to reduce the population of the Washington County Detention Center via the pretrial release of detainees charged with, but not convicted of, nonviolent offenses. Section 2: That the City Council of the City of Fayetteville, Arkansas urges that no one be detained in the jail solely because of financial inability to post bail or bond, that bonds be set only in reasonable proportion to the seriousness of the crime charged and the defendant's previous history, and that all law enforcement and criminal justice agencies take appropriate measures to assure to the extent possible that limited jail space be reserved, primarily, for defendants who are demonstrably dangerous. PASSED and ATPROVED this 16th day of March, 2020. AT] JO"eN, Mayor KARA PAXTON, City Clerk-