ENACTED 06/01/1999

ORDINANCE NO. O99-1658

An ordinance authorizing the Metropolitan General Sessions Court to run Metro’s Pre-Trial Release Program and to impose a supervision fee on all non-indigent defendants utilizing the program.

Whereas, the Metropolitan General Sessions Courts have since 1993 been running a Pre Trial Release Program which was created pursuant to T.C.A. 40-11-116 and Metro’s Long Range Plan Concerning Jail Overcrowding; and

Whereas, in order to partially defray the cost of operating the Pre-Trial Release Program, the Metropolitan General Sessions Court desires the authority to impose a supervision fee of $35 on all non-indigent defendants using Metro’s Pre Trial Release Program; and

Whereas, an average of 450-500 persons per month are being released under this program which consumes a considerable amount of time and resources; and

Whereas, the Metropolitan Council deems it to be in the best interest of the citizens of Metropolitan Nashville and Davidson County to adopt, by ordinance, provisions relative to the Pre-Trial Release Program.

Now, therefore, be it enacted by the council of the Metropolitan Government of Nashville and Davidson County:

Section 1: Title 2, section 2.56 of the Metropolitan Code of Laws is hereby amended by adding the following new Article:

Article IX Pre-Trial Release Program

2.56.600 Pre-Trial Release Program

The Metropolitan General Sessions Court is authorized to operate the Metropolitan Government’s Pre-Trial Release Program which was created pursuant to T.C.A. 40-11-116 and Metro’s Long Range Plan Concerning Jail Overcrowding.

2.56.610 Supervision Fee; Exemption

(a) Metropolitan General Sessions Court is authorized to charge each defendant who is not exempt under (b), a supervision fee of $35. The said fee shall be added to the court cost and shall be collected by the Criminal Court Clerk.

The General Sessions Court is authorized to waive the fee for any person certified as indigent.

Section 2: That this Ordinance shall take effect after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Charles Fentress & Melvin Black

LEGISLATIVE HISTORY

Introduced: May 4, 1999
Passed First Reading: May 4, 1999
Referred to: Budget & Finance Committee
Passed Second Reading: May 18, 1999
Passed Third Reading: June 1, 1999
Approved: June 2, 1999
By: mayor.gif (527 bytes)