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COUNCIL BILL NO. 23-016 ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION (i)(1)(vii), SENTENCING AUTHORITY, SENTENCING OPTIONS, OF SECTION 58-1. – JURISDICTION AND POWERS OF THE MUNICIPAL COURT, OF ARTICLE I – IN GENERAL, OF CHAPTER 58, MUNICIPAL COURT, OF THE ARVADA CITY CODE WHEREAS, crime victims endure undue suffering and hardship resulting from physical injury, emotional and injury, or loss of property; and WHEREAS, persons found guilty of causing such suffering and hardship should be under a moral and legal obligation to make full restitution to those harmed by their misconduct; and WHEREAS, the payment of restitution by criminal offenders to their victims is a mechanism for the rehabilitation of offenders; and WHEREAS, restitution is recognized as a deterrent to future criminality; and WHEREAS, an effective criminal justice system requires timely restitution to victims of crime and to members of the immediate families of such victims in order to lessen the financial burdens inflicted upon them, to compensate them for their suffering and hardship, and to preserve the individual dignity of victims; and WHEREAS, clear and efficient procedures for restitution assessment and orders benefit both victims and offenders; and WHEREAS, the amendments adopted by this Ordinance facilitate the establishment of procedures to provide for full restitution for victims of crime in the most expeditious manner. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Subsection (i)(1)(vii), Sentencing Authority, Sentencing Options, of Section 58-1. – Jurisdiction and powers of the municipal court, of Article I – In General, of Chapter 58 – Municipal Court, of the Arvada City Code is hereby amended to read as follows: “(vii) Pay restitution to a victim in an amount ordered by the judge, except that restitution shall not be ordered in a misdemeanor traffic offense or noncriminal traffic infraction case. Restitution A public hearing on this Council Bill will be held by the Arvada City Council on Monday, July 10 at 6:15pm at 8101 Ralston Road in the Council Chambers. ---PAGE BREAK--- shall be ordered according to the following procedure and any other procedures promulgated by the presiding municipal court judge: The city attorney must determine and submit to the court and the defendant the specific amount of restitution within sixty days immediately following the court’s sentencing order or order of a deferred judgment or sentence, unless good cause is shown for extending the time period prior to the expiration of the sixty day period. If the defendant contests the amount of restitution submitted by the city attorney, the defendant must request the court set the matter for a restitution hearing at the defendant’s court hearing immediately following the submission of a restitution request by the city attorney. If the defendant does not request the hearing at that court hearing, the defendant waives the right to the restitution hearing and will be deemed to have agreed to the restitution amount. At a restitution hearing, the city attorney must prove the restitution amount by a preponderance of the evidence. The court shall award the amount of restitution it determines has been proven by the city attorney and actually suffered by the victim as a result of the defendant’s conduct in the case. For purposes of this section, “restitution” means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by a defendant’s conduct and that can be reasonably calculated and recompensed in money. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.” Section 2. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council declares that it would have adopted this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. This ordinance shall be effective five days after publication following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED this 5th day of June, 2023. PASSED, ADOPTED, AND APPROVED this day of , 2023. ---PAGE BREAK--- Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Rachel A. Morris, City Attorney By: Publication Dates: June 8, 2023 ---PAGE BREAK--- REDLINE/STRIKEOVER VERSION FOR INFORMATION ONLY – NOT PART OF THE ORDINANCE Underlined indicates new material Strikethrough indicates deleted material “(vii) Pay restitution to a victim in an amount ordered by the judge, in conformance with restitution procedures promulgated by the presiding municipal court judge, except that restitution shall not be ordered in a misdemeanor traffic offense or noncriminal traffic infraction case;. Restitution shall be ordered according to the following procedure and any other procedures promulgated by the presiding municipal court judge: The city attorney must determine and submit to the court and the defendant the specific amount of restitution within sixty days immediately following the court’s sentencing order or order of a deferred judgment or sentence, unless good cause is shown for extending the time period prior to the expiration of the sixty day period. If the defendant contests the amount of restitution submitted by the city attorney, the defendant must request the court set the matter for a restitution hearing at the defendant’s court hearing immediately following the submission of a restitution request by the city attorney. If the defendant does not request the hearing at that court hearing, the defendant waives the right to the restitution hearing and will be deemed to have agreed to the restitution amount. At a restitution hearing, the city attorney must prove the restitution amount by a preponderance of the evidence. The court shall award the amount of restitution it determines has been proven by the city attorney and actually suffered by the victim as a result of the defendant’s conduct in the case. For purposes of this section, “restitution” means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by a defendant’s conduct and that can be reasonably calculated and recompensed in money. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.”