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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2010 - FIRST READING OF ORDINANCE NO. 083, 2010, APPROPRI DATE: July 6, 2010 STAFF: Perrie McMillen • • • First Reading of Ordinance No. 083, 2010, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. . EXECUTIVE SUMMARY A grant in the amount of$21,574 has been received from the Colorado Division of Criminal Justice Juvenile Diversion fund for salaries associated with the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses,and the Restorative Justice Conferencing Program for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. A$7,191 cash match is required for the$21,574 grant and will be met by appropriating funds from the police operating budget. BACKGROUND / DISCUSSION Restorative Justice Services(RJS)and its two programs, RESTORE for shoplifting offenses,and Restorative Justice Conferencing Program (RJCP) for all other offenses, has been grant funded since its inception in 2000. Council accepts grant funds from Colorado Division of Criminal Justice and other grant funding agencies yearly to support Restorative Justice Services. The RJS programs are supported by three grants and some funding from the City. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 1,700 young people. The objective of the RJS programs is to educate young people who have committed chargeable offenses in the City of Fort Collins about how others are impacted by their actions,words and behaviors.The intent is that young people,who understand how they,their families,friends and community are harmed by their actions,will make better future decisions and notcommitthe same orsimilarcrime again.Reducing future criminal behaviorand keeping young people out of the justice system, both contribute positively to a safer and healthier community. Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, the courts, law enforcement and our community. FINANCIAL/ ECONOMIC IMPACTS The additional grant money in the amount of$21,574 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement of$7,191(25%)will be met by appropriating funds from the police operating budget. Diverting youth and young adults from the justice system relieves pressure on Fort Collins Municipal Court and the 8th Judicial District Court and saves courts personnel time and money. Reducing future shoplifting, theft and other criminal behavior by young people who have participated in the RJS programs will have a long-term positive impact on the economic health of the community by keeping young people out of the justice system, thereby improving their future employment options and encouraging young people to not shoplift or participate in other criminal behavior. ENVIRONMENTAL IMPACTS There is no known or measurable impact on the environment. In RESTORE,education about the impact of shoplifting on the environment(excess packaging to prevent theft that ends up in our landfill)is part of the program,so there may be some future positive impact on the environment if fewer youth continue to shoplift. July 6 2010 -2- ITEM 16 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . ATTACHMENTS i 1. RESTORE program information sheet 2. Restorative Justice Conferencing Program information sheet ATTACHMENT 1 RE-=I A Restorative Justice ftogramfor 9Werchants, Community andToung ShopC�ers WHAT IS IT? The RESTORE Program provides a voluntary opportunity for youth who have shoplifted to deal with their charge in a way that is meaningful to themselves and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney's Office have referred you to our program. You will attend an arraignment and meet with our staff and/or volunteers, who will explain the RESTORE program to you and your parent/guardian. If you decide to participate in the program, you will complete a RESTORE intake form and sign up for Session#1. You will also be asked to take a survey, which is anonymous and used for grant funding purposes. Your parent/guardian must attend the sessions with you. RESTORE Session #1 has three parts and will take approximately 3 hours. Part 1- You and your parent/guardian will listen to speakers discuss the impact of shoplifting on the merchant community, law enforcement, the court system, families;and the larger community. You will also hear other youth speak about how shoplifting has affected them, their peers, and their families. Part 2—You and your parent/guardian then will meet with a small group to talk about the shoplifting incident you were involved in and how you have been affected by this incident. This group will also include other juvenile shoplifters, their parents, a community member, a peer representative, and a merchant representative, and will be facilitated by RESTORE volunteers. Part 3 - When the small group is complete, you and your parent/guardian will review a contract and select from a list ways you can repair the harm to the victim, the community, your family and yourself. The contract includes eight hours community service. You will also sign up for a time to return to Session#2. RESTORE Session 42 will take approximately one hour. About one month after Session#1, you will return to the RESTORE program with all of your completed contract items. You will meet with a small group of volunteers who will review your contract and verification of items completed. You will also complete the survey taken in the original meeting. Not guilty: If you believe you are not guilty,you do not belong in the RJ program.To participate,you must admit your part in the incident. Young adults: You are not required to bring a parent.However, we recommend you bring a person who cares about you and will support you through the process. BY PARTICIPATING IN THE RESTORE PROGRAM, YOU CAN: learn more about shoplifting and how it affects merchants and the community • repair the harm done by the incident in a meaningful way • make choices about the consequences of your actions • have your theft charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order made out to City of Fort Collins-RJ). A reduced fee is available for families who qualify. A $25 administrative fee is added for rescheduling a session. ATTENDANCE AT BOTH SESSIONS IS MANDATORY. IF YOU DO NOT ATTEND YOUR SCHEDULED SESSIONS,YOU WILL BE EXPELLED FROM THE PROGRAM AND REFERRED BACK TO COURT. FOR MORE INFORMATION about the RESTORE Program, contact: Bernadette Martinez (Probation Department) 970-498-5844xl Perrie McMillen (Restorative Justice Program) 970-566-8160 201 LaPorte Ave. Suite#110*c/o Probation Department *Fort Collins, CO 80521-2764 ATTACHMENT 2 via, Repairing the harm of crime for victims,young offenders and community WHAT IS IT? The Restorative Justice Conferencing Program (RJCP)provides a voluntary opportunity for young people (age 10-20) who have committed misdemeanor offenses to deal with their charge in a way that is meaningful to them and the community. HOW DOES IT WORK? The Fort Collins Municipal Court or Larimer County District Attorney's Office has referred you. You will attend a court arraignment and meet with RJCP staff, who will explain the RJCP program. If you decide to participate, you will complete preliminary forms and sign up for the program. You will also be asked to take a survey, which is confidential and used for grant purposes. If you are under 18 years of age, your parent/guardian must attend the arraignment and the RJCP meetings with you. Restorative Justice Conferencing Program (RJCP) RJCP consists of three meetings, totaling 4-6 hours, and contract obligations to fulfill in between. Meeting#1 —(1-1.5 hours) You and your parent/guardian will meet with RJCP facilitators for a preconference meeting. At this meeting you will learn more about the RJCP process and will prepare for the upcoming RJ circle. You will discuss the incident and explore your thoughts and feelings about the incident and who has been impacted by it. Your parent will also discuss how the incident has impacted the family. You will have homework to develop ideas on how to repair the harm caused by the incident. Meeting#2—(2-3 hours) You and your parent/guardian will meet with the victim/victim representative, other offenders (if there are any), community representatives and the RJCP facilitators in a face-to-face meeting. The discussion will focus on who has been harmed by the incident, how they have been harmed, and what can be done to repair the harm. The circle will develop a contract to address repairing the harm caused by the incident. The contract will include a minimum of 20 restorative hours for you to fulfill. Meeting#3 —(1 hour) You and your parent/guardian will return for a follow-up interview with RJCP staff and/or volunteers when your contract obligations are complete (usually about a month). You must bring written verification of all contract items to this interview. You will review your understanding of the harm done by the incident, and any experiences you have had or things you have learned through the process. Other participants from the circle will be invited to attend the interview, and may or may not be present. You will also complete the survey taken at the court arraignment. If all contract items are complete and verified, you will have completed the program. BY PARTICIPATING IN THE RJCP PROGRAM, YOU CAN: • learn more about your offense and how it affected the victim, community, your family, yourself • repair the harm done by the incident in a meaningful way • make choices about the consequences of your actions • have your charge dismissed upon successful completion of the program FEE: Cost is $50 (cash or money order to: City of Fort Collins—RJ). We do NOT accept checks. A reduced fee is available for families who qualify. FOR MORE INFORMATION about the RJCP Program, contact: Mary-Claire Geiss or Perrie McMillen (970) 416-2290 ORDINANCE NO.'083, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE RESTORATIVE JUSTICE PROGRAM AND AUTHORIZING THE`TRANSFER OF MATCHING FUNDS PREVIOUSLY APPROPRIATED IN THE POLICE SERVICES OPERATING BUDGET WHEREAS,the Colorado Division of Criminal Justice has awarded the City of Fort Collins Police Services a grant in the amount of $21,574 for operating expenses associated with the operation of the Restorative Justice Program for the 2010-11 grant cycle; and WHEREAS, the Restorative Justice Program is an alternative to the traditional criminal justice system and the program seeks to hold young offenders accountable by facilitating a meeting with the offender, the victim and members of the community to determine the harm done by the crime, and how to repair the harm; and WHEREAS, the grant requires a cash match from the City in the amount of$7,191 and available funds are currently in the General Fund operating budget for Police Services and for transfer to the grant project for the Restorative Justice Program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year,provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Restorative Justice Services grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS,Article V,Section 10,of the City Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one project to another project,provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of TWENTY ONE THOUSAND FIVE HUNDRED SEVENTY-FOUR DOLLARS ($21,574) for expenditure in the General Fund to the Police Services grant project for Restorative Justice Services. a Section 2. That the unexpended appropriated amount of SEVEN THOUSAND ONE HUNDRED NINETY-ONE DOLLARS ($7,191) is hereby authorized for transfer from the Police Services operating budget in the General Fund to the Police Services grant project for Restorative Justice Services and appropriated therein. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 2010, and to be presented for final passage on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk