Approval Sheet

CITY OF GILLETTE
201 E. 5th Street
Phone (307)686-5200
CITY OF GILLETTE


www.gillettewy.gov

 
DATE: 9/19/2017 7:00:00 PM
SUBJECT:
An Ordinance Amending Section 16-1 of the Gillette City Code to Amend Sentencing Penalties for Violations of Gillette City Code, City Ordinance, or Other Rule or Regulation Promulgated by the City of Gillette.
BACKGROUND:

Ordinance 1st Reading (9/12/17 Special Meeting):  7/0

 

The Wyoming Supreme Court recently issued a decision which affects all municipal courts in the State.  Traditionally, municipal judges have placed individuals on probation along with a suspended fine for many types of offenses involving alcohol and illegal drug use.  Jail time was not imposed as part of the process, and under our City Code, jail time was excluded except for the third or more offense involving the same offense.

 

The Wyoming Supreme Court recently held that individuals cannot be place on probation if they are not also facing a jail sentence.  This Ordinance amends 16-1 of the Gillette City Code to impose jail time for certain offenses related to alcoholic beverages and illegal drugs.  The ultimate purpose behind this amendment is to allow the Municipal Court Judges to impose probation should the particular facts of any case before them lend itself to a sentence which would include probation.

ACTUAL COST VS. BUDGET:
SUGGESTED MOTION:
I move to approve an Ordinance Amending Section 16-1 of the Gillette City Code to Amend Sentencing Penalties for Violations of Gillette City Code, City Ordinance, or Other Rule or Regulation Promulgated by the City of Gillette on Second Reading.
STAFF REFERENCE:
Anthony Reyes, Interim City Attorney
ATTACHMENTS:
Click to download
Ordinance Amend Section 16-1