HomeMy WebLinkAbout87-20 RESOLUTIONOF FAY ETTP
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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:
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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
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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-