308 Fountain Circle Huntsville, Alabama Huntevlle, AL 35501 Cover Memo Meeting ‘Type: City Council Regular Meeting Meeting Date: 9/22/2022 File ID: TMP-2097 Department: Devyn Keith Subject: ‘Type of Action: Introduction Introduction of a resolution in support of requesting the Alabama Legislature to pass local legislation permitting the City of Huntsville, Alabama, to continue utilizing the summons and complaint procedure as an alternative to custodial arrest in certain circumstances permitted by Alabama Law. Resolution No, 22-739 ance Information: Account Number: N/A City Cost Amount: N/A ‘Total Cost: N/A Special Circumstances: Grant Funded: N/A Grant Title - CFDA or granting Agency: N/A Resolution #: N/A. 1D Disirict2 O District3 O District 4 O District 5 O Additional Comments: Huntsvile, Alabama Page 1 of 1 Printed on 9/14/2022 9 kenktar™RESOLUTION NO 22-739 WHEREAS, in 1989, the Alabama Legislature enacted Ala. Code § 11-45-9.1, which was amended in 1992, for the purpose of permitting municipalities to utilize a summons and complaint procedure as an alternative to custodial arrests for certain minor offenses; and WHEREAS, pursuant to Ala. Code § 11-45-9.1, the City of Huntsville in 1993 adopted City Ordinance No. 93-275, which permits police officers and code enforcement officers, among others, to utilize a summons and complaint procedure as an alternative to an arrest for certain minor offenses; and WHEREAS, persons subject to the summons and complaint procedure must promise to appear in municipal court to answer the charge or charges against them, and should such person or persons not appear, or should such they refuse to appear, then they are subject to custodial arrest; and WHEREAS, police officers and code enforcement officers within the City, as well as the municipal court judges, have found the summons and complaint procedure an efficient and effective alternative to full custodial arrests, which reduces costs, increases law enforcement availability, and still ensures that justice is done and the laws are enforced; and WHEREAS, effective August 1, 2021, the Alabama Legislature made certain updates to Ala. Code § 11-45-9.1, including a change that provides as follows: “This section only applies to municipalities that do not employ a full-time municipal judge. Notwithstanding the foregoing, a municipality that employs a full-time municipal judge, by local law enacted by the Legislature, may elect to apply this section”; and WHEREAS, the City of Huntsville has three full-time municipal judges, meaning the City now needs local legislation to continue the summons and complaint procedure that has worked for nearly 30 years; and WHEREAS, discontinuing the summons and complaint procedure will produce negative results in the City by increasing the amount of time that law enforcement officers have to devote to individual cases, increasing the burden on local jails who must process all new arrestees, decreasing the amount of time that officers have to enforce laws due to the need to make needless arrests, and requiring arrests of citizens who are not violent and who have committed very minor offenses such as littering, violation of a leash law, failing to obtain a business license, hand-billing in violation of the city code, or failing to return a library book; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntsville, Alabama, urges the Alabama Legislature to pass local legislation as contemplated by Ala. Code § 11-45-9.1@), permitting the City of Huntsville, Alabama to continue to utilize the summons and complaint procedure as an appropriate alternative to a custodial arrest under any of the circumstances permitted by existing Alabama law,RESOLUTION NO. 22-739 ADOPTED this the day of 2022. President of the City Council of the City of Huntsville, Alabama APPROVED this the _ day of. 2022. Mayor of the City of Huntsville, Alabama