Whereas, pursuant to T.C.A. § 40-11-116 and the Metropolitan Government’s Long Range Plan Concerning Jail Overcrowding, the Metropolitan Government has been operating a Pre-Trial Release Program since 1993; and

Whereas, the Program, currently administered by the Metropolitan General Sessions Court, continues to grow and is involving an increasing amount of non-judicial, administrative duties;

Whereas, the magistrate imposes pretrial release criteria in accordance with T.C.A. Section 40-11-116 and will notify the Davidson County Sheriff’s Office whenever the eligibility criteria is changed;

Whereas, the Davidson County Sheriff’s Office administered the program prior to the Metropolitan General Sessions Court; and

Whereas, the Metropolitan Council deems it to be in the best interest of the citizens of the Metropolitan Government of Nashville and Davidson County to move the administration of the Pre-Trial Release Program to the Davidson County Sheriff’s Office.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 2.56.600 of the Metropolitan Code of Laws shall be and the same is hereby deleted and substituting in lieu thereof the following: “Pursuant to T.C.A. Sections 7-2-108(a)(13) and 8-8-201(33), the Davidson County Sheriff’s Office is authorized to administer the operation of the metropolitan government's pre-trial release program which was created pursuant to T.C.A. Section 40-11-116 and the metropolitan government's long range plan concerning jail overcrowding.”

Section 2. That Section 2.56.610(A) of the Metropolitan Code of Laws shall be and the same is hereby deleted and substituting in lieu thereof the following: “The Davidson County Sheriff’s Office is authorized to charge each defendant who is not exempt under subsection B of this section, a processing fee of $35. The said fee shall be collected by the Davidson County Sheriff’s Pre-Trial Release Program in order to defray operational costs.”

Section 3. That Section 2.56.610(B) of the Metropolitan Code of Laws shall be and the same is hereby deleted and substituting in lieu thereof the following: “The Davidson County Sheriff’s Office is authorized to certify criminal defendants as indigent for purposes of Pre-Trial

Section 4. That the Director of Finance is hereby authorized to adjust the budgets of the Metropolitan General Sessions Court and the Davidson County Sheriff’s Office as necessary to properly reflect funding of the transfer of Pre-trial Release services to the Davidson County Sheriff’s Office.

Section 5. This ordinance shall take effect from and after its passage, the welfare of The
Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Adam Dread

Amendment No. 1

To

Ordinance No. BL2003-100

Mr President:

I move to amend Ordinance No. BL2003-100 by deleting Section 3 in its entirety and substituting in lieu thereof the following new Section 3:

"Section 3. That Section 2.56.610 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting subsection B. in its entirety and substituting in lieu thereof the following new subsection B.:

B. The Davison County Sheriff's Office is authorized to certify criminal defendants as indigent for the purposes of exempting such persons from the processing fee as provided in subsection A of this section."

Sponsored by: Adam Dread

LEGISLATIVE HISTORY
Introduced:	December 2, 2003
Passed First Reading:	December 2, 2003
Referred to:	Budget & Finance Committee Public Saftey Committee
Amended:	December 16, 2003
Passed Second Reading:	December 16, 2003
Passed Third Reading:	January 20, 2004
Approved:	January 21, 2004
By: