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2. Resolution 5210 - Treatment Court FeesCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903- l 997 Telephone (406)758-7700 Fax (406)758-7758 TOO Mayor Pamela B. Kennedy and the Kalispell City council FROM: Judge Heidi J. Ulbricht, Municipal Judge, Rich Hickel, Adjutant city Attorney, and James H. Patrick, City Manager SUBJECT: Resolution No. 5210 Authorizing the Kalispell Municipal Treatment court to set fees for participants and to accept private donations. MEETING BATE; July 2, 2007 BACKGROUND: This Council recently passed an ordinance authorizing the Kalispell Municipal court to establish a drug and alcohol treatment court. July 9, 2007 has been set as the starting date. An important aspect of holding substance -dependent participants accountable for their actions is to impose financial consequences on them. The objective is to provide the participant with a financial commitment to his or her own recovery. In addition, weekly fees will provide the treatment court with funds to partially offset the costs of monitoring, testing, and treatment of participants. The Treatment court requests this council pass a resolution authorizing its governing body, led by Judge Ulbricht, to set fees for participants in an amount not to exceed. $25.00 per week. The fee will be set at a level which will advance the goal of creating a financial commitment on the part of the participant, yet will not be so high as to constitute a disincentive to participation. It is anticipated that the initial fee will be approximately $8.00 per week. This resolution is drafted in a manner which will allow flexibility in setting an appropriate fee as circumstances change. In addition, the proposed resolution will allow the Treatment Court Board to accept donations from individuals or businesses who may wish to support the goals and objectives of the Kalispell Municipal Treatment Court. Treatment courts established elsewhere have received generous private support. The Kalispell Municipal Treatment Court is hopeful that it will receive similar support from the community. RECOMMENDATION. The Kalispell Municipal Court and the City Attorney's office recommend approval of this resolution. FISCAL EFFECTS: This resolution will have a moderately positive fiscal effect. Funds generated from this resolution will be derived from outside sources which will then be used to fund operations. While this will reduce the need for additional funding, the Kalispell Municipal Treatment Court does not expect that participation fees and donations will make the program self- sufficient. It is anticipated that the majority of operational funding will be obtained through federal or state grants. Until such time as the program becomes fully funded, it will operate with fewer participants. Respectfully submitted, Heidi J. t, nicipal Judge Rich Hic el, A City Attorney J s H. Patrick, City Manager RESOLUTION NO. 5210 A RESOLUTION ESTABLISHING AUTHORITY FOR THE KALISPELL MUNICIPAL TREATMENT COURT TO SET REASONABLE FEES FOR. PARTICIPANTS ENROLLED IN THE TREATMENT PROGRAM, ACCEPT PROGRAM DONATIONS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, this Council has previously granted authority to the Kalispell Municipal Court to create a Treatment Court designed to monitor and treat adult criminal offenders who have been screened and have been determined to have chronic drug or alcohol abuse problems; and, WHEREAS, this Council and the Kalispell Municipal Treatment Court believe it is important that participants in the treatment program should be responsible for a share of the expenses incurred by the Treatment Court for the maintenance and operation of the monitoring, testing, and treatment program; and, WHEREAS, it is anticipated that private individuals or businesses may, from time -to -time donate funds, services, or items to the Kalispell Municipal Treatment Court for use in operation of the treatment program; and, WHEREAS, it is determined to be in the best interests of the City of Kalispell and its citizens that the costs to participants be maintained at a reasonable level which would encourage participation in the program and which would thereby improve the participant's prospects for long-term sobriety and success in the treatment program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF _K_ALISPELL AS FOLLOWS: SECTION I. The Kalispell Municipal Treatment Court is hereby authorized to set fees to participants in the treatment program at a reasonable amount, not to exceed $25.00 per week, in order to meet in part, the ordinary and necessary expenses incurred by the Treatment Court program. SECTION II. Authority to accept private donations and to apply the same for normal operation of the Kalispell Municipal Treatment Court program is hereby granted. SECTION III. This resolution will become effective upon passage and approval by the City Council. Kalispell Municipal Treatment Court Page l of 2 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF DULY, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Kalispell Municipal Treatment Court Page 2 of 2