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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2013 - FIRST READING OF ORDINANCE NO. 110, 2013, APPROPRIDATE: August 20, 2013 STAFF: Beth Sowder Perrie McMillen AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT First Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant money to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $45,000 has been received from the Colorado Division of Criminal Justice (DCJ) 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 (RJCP) 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 $7,440 cash match is required and will be met by appropriating funds from the Community Development and Neighborhood Services operating budget designated for restorative justice. Total required match is 25% so an additional $7,560 in-kind match is designated from the Eighth Judicial Probation Department. BACKGROUND / DISCUSSION Restorative Justice Services and its two programs; RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) for all other offenses, has been grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice and other grant funding agencies, to support Restorative Justice Services. The RJS programs are supported by three grants and some money from the city. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,300 young people who committed chargeable offenses in our community. The objective of the RJS programs is to educate young people who have committed offenses about how others are impacted by their actions, words and behaviors. The intention is that young people, who understand how they, their families, friends and community are harmed by their actions, and who have been held accountable for the harm they caused, will make better future decisions and not commit the same or similar crime again. Reducing future criminal behavior and 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. The Eighth Judicial District Probation Department donates administrative staff time (their restorative justice specialist) to help coordinate the RESTORE Program, the RJS shoplifting component. Restorative Justice Services was under Fort Collins Police Services until January 2013 when the programs made an organizational move to Community Development and Neighborhood Services. FINANCIAL / ECONOMIC IMPACTS The additional grant money in the amount of $45,000 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by appropriating $7,440 from the Neighborhood Services operating budget, designated for restorative justice and a $7,560 in-kind match designated from the Eighth Judicial Probation Department. The grant period for is from July 1, 2013 to June 30, 2014. This is the third year in a 3-year cycle for the Juvenile Diversion grant. August 20, 2013 -2- ITEM 15 Diverting youth and young adults from the justice system relieves pressure on the courts saving 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 our 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. Occasionally there may be a positive impact on the environment when young people are educated about when and how their actions have an environmental impact. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. RJCP Program Information Sheet 2. RESTORE Information Sheet 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? 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. If you decide to participate, you will complete forms to sign up for the program. You will also be asked to take a survey. If you are under 18, 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. 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 MAY:  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 only) A reduced fee is available for families who qualify. FOR MORE INFORMATION, contact: Mary-Claire Geiss or Perrie McMillen (970) 416-2290 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. 5/21/2013 5/21/2013 A Restorative Justice Program for Merchants, Community and Young Shoplifters 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 #2 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 RESTORE Program. To participate, you must admit your part in the incident. 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 only) Reduced fee is available for families who qualify. FOR MORE INFORMATION about the RESTORE Program, contact: Bernadette Martinez (Probation Department) 970-498-5844 Perrie McMillen (RESTORE Program) 970-566-8160 Restorative Justice does not discriminate on the basis of race, color, national origin, religion, sex, disability or age in the delivery of its services. Interpreter services and documents translated to other languages are available at no cost to Restorative Justice participants. En la prestación de sus servicios, la Justicia Restaurativa no discrimina por razones de raza, color, origen nacional, religión, sexo, discapacidad o edad. Los servicios de intérpretes y traducción de documentos a otros idiomas están disponibles sin costo alguno para los participantes de la Justicia Restaurativa. ORDINANCE NO. 110, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE RESTORATIVE JUSTICE PROGRAM WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $45,000 for salaries associated with the continued operation of the Restorative Justice Program (the “Program”); and WHEREAS, the Program is an alternative to the traditional criminal justice system, providing services to more than 2,300 young people; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2013 to June 30, 2014; and WHEREAS, the grant requires a 25% grant match to which the City’s cash match of $7,440 will come from the CDNS operating budget for restorative justice and the remaining $7,560 match requirement will come from in-kind services provided by the Eighth Judicial Probation Department; and WHEREAS, because the grant agreement and matching funds from the City are in furtherance of a project or agreement specifically approved by the City Council, the City Manager may sign the grant agreement pursuant to Section 1-22(b) of the City Code; 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 Colorado Division of Criminal Justice 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. 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 FORTY FIVE THOUSAND DOLLARS ($45,000) for continuation of the Restorative Justice Program. Section 2. That the City Manager is hereby authorized to sign the grant agreement with the Colorado Division of Criminal Justice in support of the City's Restorative Justice Program. Introduced, considered favorably on first reading, and ordered published this 20th day of August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 3rd day of September, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk