Council Policy 11-2 Community Service Program

SUBJECT:  Community Service Program

PURPOSE: To provide procedures for the implementation of the City’s Community Services Program.

BACKGROUND: The City Council has adopted an ordinance providing for certain defendants the option of performing community service for the City in lieu of fine or in conjunction with imprisonment. The Community Service Program is designed to provide the Municipal Court an alternative to fine or imprisonment for a person convicted of misdemeanor offenses in Municipal Court.

PROCEDURES AND RESPONSIBILITIES:

A. Coordination and Assignment.

1. The Chief of Police shall coordinate with each department director desiring to use community service workers and request that they submit their periodic worker requirements. The Chief of Police will provide such directors with community service workers as they become available. If the Chief of Police has no requests from department directors or in lieu of such request at the discretion of the Chief of Police the Chief of Police shall utilize the Sentinel Program to establish a community clean up program by having the person assigned to community service clean up Lawton by picking up litter along the streets and highways of the City or in City parks. The Chief of Police may also provide persons assigned to community service to private not for profit organization which agrees to accept such persons, signs an agreement agreeing to all terms and conditions including providing the required supervision and necessary reports.

2. If a defendant refuses to accept community service the Court will assess a fine and/or imprisonment as appropriate.

3. After a defendant agrees and is thus ordered to perform community service and has signed the Community Service Agreement, the Municipal Court Clerk will notify the Chief of Police of such assignment, and direct the defendant to report to the office of the Chief of Police at 8:00 am the next following Monday morning. If the Monday is a City recognized holiday the defendant will report the Tuesday after the Monday holiday.

4. The Chief of Police will assign a department staff member to interview the defendant and assign the worker to a community service assignment and direct the defendant to appear. The assignment will include a date, time and place to which the defendant is to appear.

5. Each defendant will be assigned community service work of not less than three (3) hours and not more than six (6) hours a day, unless otherwise specified by the Municipal Judge. If the defendant is assigned to a program lasting longer than three (3) hours, unless the defendant is an incarcerated participant, the supervisor shall, at the normal lunch hour or the normal supper hour, stop the community service program and direct the defendant to take a meal break and return at a specified time and location. A defendant’s failure to return will be immediately reported to the Chief of Police. Incarcerated persons participating in the program will be treated at meal breaks in accordance with the existing jail policy.

6. The responsible person to whom the defendant requested to perform community service is assigned will meet the defendant at specified date, time and place.

7. The Chief of Police may also utilize the personnel of the Sentinel Program as supervisors of the defendants.

B. Work Assignment and Supervision

1. The defendant will be assigned work commensurate with the defendant’s capabilities, health and physical conditions.

2. The defendant, unless a person sentenced to imprisonment as provided in Section 9-1-128(C), Lawton City Code, will not wear any uniform, emblem or insignia which would give the appearance that such work is an employee or agent of the City. In the event the defendant is incarcerated, the defendant will wear clothing which clearly indicates that the defendant is a prisoner.

3. The person supervising such defendant shall not in any manner give or offer any representation that such worker is an employee or agent of the City.

4. The person supervising the defendant will ensure that the worker is actually engaged in productive community service work.

5. The defendant will not be permitted to operate machinery except for hand held machinery, such as hand operated mower.

6. The defendant will be provided with safety protection and equipment commensurate with the type of work being performed.

C. Treatment of Defendants

1. Be treated humanely and with dignity.

2. Not left unsupervised for any period of time.

3. Be assigned tasks which the defendant can perform.

D. Time Sheets/Reports

1. The supervisor will fill out a time sheet for each defendant for each day/time that the defendant performs his/her community services.

2. The Community Service Work Program Assignment Completion/Non-Completion Form will be completed by the Supervisor when the assignment is completed or terminated and the completed form returned to the Chief of Police. The Municipal Judge shall be notified by the Chief of Police of the results of the assignment.

3. The Community Service Agreement, the Time Sheet, and the Community Service Work Program Assignment Completion/Non-Completion Form, and such filed will be retained one (1) year from the date the work assignment is completed or terminated.

4. The Municipal Judge with the assistance of the Chief of Police will prepare a semi-annual written report summarizing the total hours of community service work performed under the Program, the number of defendants performing under the Program, the type/nature of work performed and any other relevant information the Municipal Judge deems appropriate. The report will be forwarded to the City Council.

E. Attachments

1. Community Service Agreement

2. Time Sheet

3. Community Service Agreement Completion/Non-Completion Form

REFERENCES: Sections 1-1-119 and 9-1-128, Lawton City Code, 2005. Oklahoma Statutes 11 OS 27-122, 27-122.1 and 27-122.2.

EFFECTIVE DATE: This policy becomes effective on and after October 15, 2006.

DEPARTMENT: Municipal Court

RESCISSION: This policy rescinds Administrative Policy 3-15, dated August 27, 1997.

____________________________________________

John P. Purcell, Jr.

Mayor

IN THE MUNICIPAL COURT OF THE CITY OF LAWTON

STATE OF OKLAHOMA

________________________________________________________________________

CITY OF LAWTON, )

Plaintiff, )

Charge No.)

vs. )

Case No.)

___________________________, )

Defendant. )

________________________________________________________________________

COMMUNITY SERVICE AGREEMENT

The defendant herein, after having been advised of his or her rights, having been found guilty or having entered a plea of guilty or nolo contendre, has agreed to perform ______ hours of community service for the City of Lawton, Oklahoma, and has further been advised and agrees:

1. That there will be no renumeration, salary or compensation of any kind for services of labor performed pursuant to this Community Service Agreement.

2. That the defendant is not considered nor does he/she consider himself/herself to be an agent, servant or employee of the City of Lawton, Oklahoma, to which he/she is assigned for community service hours.

3. That the defendant is not covered by an insurance or benefit plan of the City of Lawton, Oklahoma. The defendant does not have the benefit of any health or life insurance plans of the City of Lawton, nor will the City of Lawton pay for any medical expenses or disability incurred for whatever reason, and that the defendant is not entitled to any Workers’ Compensation coverage or benefit from the City of Lawton, Oklahoma.

4. That in the event an injury occurs while performing community service hours, the defendant hereby waives any cause of action of any nature whatsoever against the City of Lawton, Oklahoma, its officials, or employees.

5. That the defendant shall furnish his/her own private transportation to and from the community service agency or job site, and further, will provide clothing, boots, gloves or other personal items necessary to complete his/her community service hours in a safe and reasonable manner, and lastly provide his or her own meals. However, it any special safety equipment, such as reflective vests, will be provided by the City.

6. That defendant is in good health and knows of no reason why defendant cannot perform any work assigned, and that if defendant subsequently learns of any disability or restriction, defendant will immediately apply for reassignment.

7. This Agreement is in compliance with Title 11, O.S. Section 27-122.2, Oklahoma Statutes.

8. That defendant agrees and understands that if the foregoing is a condition of a suspended or deferred sentence, failure to complete all community service will result in revocation on the suspended sentence or imposition of the deferred sentence, or if no fine or imprisonment was imposed and the defendant fails to complete required community service the Court may impose the full penalties allowed including incarceration.

9. That the defendant agrees and understands that community service work will be performed at no less than three (3) hours and not more than six (6) hours a day.

10. That the defendant agrees that if the community service is in lieu of payment of a fine, and if the defendant, without legal cause, fails to complete all assigned hours of service, the defendant will be considered to have willfully failed and neglected to pay said fines through community service and the defendant will be ordered to jail until such fines are paid.

11. That the defendant’s rights have been fully explained to defendant and understood by defendant as evidence by defendant’s signature to this document.

READ THIS BEFORE SIGNING

____________________________________

DEFENDANT

____________________________________

ATTORNEY FOR DEFENDANT

Approved this _____ day of ____________________, 200__.

____________________________________

MUNICIPAL JUDGE

COMMUNITY SERVICE WORK PROGRAM

Assignment Completion/Non-Completion Form

Defendant’s Name: ___________________________________ Case No. __________

Address: ______________________________________ Phone # _________________

Attorney: _______________________________________________________________

Starting Date: ________________________ Ending Date: ________________________

Total Hours Assigned: __________________ Total Hours Worked: ________________

Assignment: Department ________________________ Phone # ___________________

Contact Person: __________________________________________________________

PLEASE COMPLETE THE INFORMATION BELOW AT THE COMPLETION OF THE WORK ASSIGNMENT OR IF THE WORK ASSIGNMENT IS TERMINATED:

Type of Work Performed: __________________________________________________

Completed the Assignment: ___ Less than satisfactorily __ Better than satisfactorily

___ Satisfactorily

Did not show up as scheduled: _______________ Reason, if known: ________________

________________________________________________________________________

Was unable to complete the assignment due to lack of __ skill __ transportation __ other

(Explain) _______________________________________________________________

Partially complete the assignment____________________________________________

Reason for partial completions, if known ______________________________________

Date of Completion: ________ or date of termination ________ Hours of work: _______

If possible, place an approximate monetary value on the services performed (per hour or total): _______________

Comments: ______________________________________________________________

________________________________________________________________________

Signed: _____________________________

Title: _____________________________

Date: _____________________________

Worker’s Name: ______________________________ Hours required: ______________

TIME SHEET

HOURS WORK SUPERVISOR’S

DATEWORKPERFORMANCESIGNATURE

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

_________ ________ ____________________ ________________________

Added, 10/15/2006