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City Council Meeting Minutes June 4 2019 Page 7 of 16 Mayor Muckle closed the public hearing Councilmember Stolzmann moved to approve the ordinance with removing section .3 Muckle seconded Vote Motion carried by unanimous roll call vote la ORDINANCE NO 1774, SERIES 2019 — AN ORDINANCE AMENDING CHAPTER 1.28 OF THE LOUISVILLE MUNICIPAL CODE CONCERNING INCARCERATION OF MUNICIPAL OFFENDERS— 2nd READING, PUBLIC HEARING (advertised Daily Camera 5/26/19) City Attorney Kelly introduced the item by title and Mayor Muckle opened the public hearing Clerk Muth stated the ordinance includes one provision amending the maximum jail sentence from 365 days to 364 days for violations of ordinances currently prohibited by the Code This Chapter is being amended as required under newly enacted Colorado statute which sets the limits on fines and/or sentences to. incarceration Muth stated Prosecuting Attorney Colette Cribari and Municipal Judge Kristan Wheeler were both in attendance to answer questions about how this is used in the municipal court. Prosecutor Cribari stated it is important to have an option for some jail time in the Municipal Code She stated many of the cases can be written into either the Municipal Code or the County court. The penalties in the Municipal Court are much lower than the County court tobegin with The Municipal Court is a much better place for a case in which you might have a first time offender or a younger offender, for example shop lifting, for whom this is really a wakeup call and he will not do it again The records of a Municipal Court offender can be sealed after three years if they have no other offenses while a County court charge will create a permanent record Cribari stated if there is no jail time option it takes the teeth out of the requirement to complete a sentence. For example an offender sometimes does not complete a required class, community service, or therapy and that would be when a prosecutor could tell him jail is the alternative punishment. It almost never is used, but it gets offenders to complete their sentences. And, without an option of jail time the police may be more likely to write some tickets to County court where the penalty is higher She added the Municipal Court iswherewe can use the kid gloves and have a greater personal impact on offenders, many cases should be heard here not in County court. Judge Wheeler stated she agreed with much of the sentiment of Prosecutor Cribari She noted the intent of the State law was because the immigration penalty was greater if the penalty was more than one year She stated that as a judge this is not her decision, however having that jail option is useful Often offenders are very reluctant to complete a