06. Ordinance 1608 - Municipal Drug and Alcohol Treatment Court - 1st ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1.997 - 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: ordinance No. 1608 Authorizing the creation of
Operation of a Drug and Alcohol Treatment Court by
the Kalispell Municipal court
MEETING DATE: May 21, 2007
BACKGROUND. Studies have long shown that there is a very high
correlation between substance abuse and crime. Anecdotal evidence
from Kalispell Municipal court also shows this to be true. Judge
Heidi J. Ulbricht has been instrumental in organizing an effort to
create a Drug and Alcohol Treatment court in the city of Kalispell.
National studies have shown that Treatment courts are an effective
and cost --saving approach to reducing crime by intensively
monitoring and treating substance -abusing criminal offenders.
Costs to the criminal justice system in the long run are reduced by
reducing criminal recidivism among offenders who maintain sobriety
for a much longer period of time than those who do not receive
close monitoring and supervised. treatment. Currently, there are
more than 1,700 such programs in operation across the United
States. More than a dozen are currently in operation in Montana.
The effectiveness of the city' s program will be measured by a
nationally --recognized professional evaluator, who is a current
member of the organizing committee for the proposed Treatment
Court.
The Kalispell Police Department, the office of the City
Attorney, the Regional Office of the Public Defender, and the
Flathead Valley chemical Dependency Center have all actively
supported Judge Ulbricht in her effort and have participated in
training for this program.
In order to establish a Treatment court in Kalispell,
authorization from the city council is required. once established,
operations and staffing will be provided by a committee comprised
of individuals from different disciplines, including chemical
dependency treatment, adult probation, law enforcement, legal, and
judicial. The Kalispell Municipal court is ideally situated to
provide the monitoring of participants to facilitate this effort.
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 seep 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 spec f ul ly subm ' t d
L0�.
.14
Hei i J. Ulbricht, Municipal Judge
Rich Hi ke Adj. C'ty Attorney i4Des H. Patrick, 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 COtTNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION L
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