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3. Ordinance 1608 - Municipal Drug or Alcohol Treatment Court - 2nd ReadingCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 TO: 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: ordinance No. 1608 Authorizing the Creation of Operation of a Drug and Alcohol Treatment Court by the Kalispell Municipal Court Second Reading MEETING DATE: June 4, 2007 BACKGROUND: This is the second reading for ordinance No. 1608, which was unanimously passed at first reading on May 21, 2007. Council authorization is required to create the proposed. Kalispell Municipal Treatment Court. The committee, organized by Judge Ulbricht, has been working toward the creation for approximately one year. with Council's approval, we plan to have the program implemented and will beginning screening participants for the program in July 2007. RECOMMENDATION: The Kalispell Municipal Court and the City Attorney's office urge approval of this ordinance. FISCAL EFFECTS: It is anticipated that the vast majority of funding required for operation of the program will be provided by federal grants. After operations begin, it is anticipated that the participants themselves will provide a portion of the operational funding. The majority of the Treatment Court budget will be used to fund treatment and supervision for substance -dependent offenders. In order to encourage participation, the program fees charged to offenders will be set at an affordable level. It is not expected that these fees will generate sufficient funding to enable the program to become self-sufficient. Judge Ulbricht has indicated that she may seek a budget appropriation in the next fiscal year to assist with the start up costs for the Treatment Court. If grant funding is not obtained, the program will operate with fewer participants than are currently anticipated Re spe t fully submitted, Heidi J. l rlcht, Municipal Judge Rich HiA j. Cit Attorney es H, atrick, City Manager ORDINANCE NO. 1608 AN ORDINANCE AUTHORIZING THE KALISPELL MUNICIPAL COURT TO ESTABLISH AND OPERATE A MUNICIPAL DRUG OR ALCOHOL TREATMENT COURT, AND AUTHORIZING THE MUNICIPAL COURT TO PROPOSE FEES FOR PARTICIPATION, RECEIVE GRANTS OR DONATIONS FOR OPERATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, promoting a high quality of life for citizens of the City of Kalispell is a matter of primary concern for the Kalispell City Council; and, WHEREAS, criminal offenses committed by substance -dependent offenders is a threat to the maintenance of a high quality of life for citizens of Kalispell; and, WHEREAS, the Kalispell City Council is interested in promoting innovative and cost-effective solutions to the problems associated with alcohol and drug abuse by its residents; and, WHEREAS, national studies have shown that Drug and Alcohol Treatment Courts are an effective and cost -saving approach to reducing substance abuse by participants; and, WHEREAS, the Kalispell Municipal Court is willing and able to implement and operate a Drug and Alcohol Treatment Court within the City of Kalispell for the purpose of supervising non-violent criminal offenders in the City with a history of substance abuse problems and assisting them with their recovery from addiction; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. A) The Kalispell Municipal Court may establish a Drug or Alcohol Treatment Court in the City of Kalispell and, if established, may set rules for operation of the Treatment Court. B) The Kalispell Municipal Court may propose fees to be charged to participants in the Treatment Court program, which shall be set by resolution of the City Council. C) If established, the Kalispell Municipal Treatment Court is authorized to seek funding for its operation, is authorized to apply for any available grant funding, and may accept donations from individuals or businesses for its operation. SECTION II. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY of KALISPELL, THIS 4TH DAY OF JUNE, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk