[Ord. 8025, passed 11-14-2012]
This article shall be known and referred to as "Central Booking
Program Intergovernmental Agreement."
[Ord. 8025, passed 11-14-2012]
The purpose of the agreement is to establish, fund and maintain
a joint centralized booking program by Lawrence County for the participating
municipalities.
[Ord. 8025, passed 11-14-2012]
The City of New Castle joins in the intergovernmental cooperation
with Lawrence County, City of New Castle, Borough of South New Castle,
Township of Hickory, Township of Shenango, Township of Scott, Township
of Washington, Township of Slippery Rock, Borough of Bessemer, Borough
of S.N.P.J., Township of Mahoning, Township of North Beaver, Township
of Taylor, Township of Union, Borough of New Wilmington, Borough of
Volant, Township of Neshannock, Township of Pulaski, Township of Plain
Grove, and Township of Wilmington, providing for central booking for
all individuals charged with a crime be processed in a central location.
The Mayor and City Controller are authorized and directed to
execute, on behalf of the City of New Castle, Pennsylvania, all documents
necessary to effectuate the Agreement.
[Ord. 8025, passed 11-14-2012]
The Lawrence County Correctional Facility will provide program,
space, staffing, and administrative oversight over the program.
[Ord. 8025, passed 11-14-2012]
(a)
The terms and conditions of the Agreement are set forth herein and
a copy of the Agreement is appended to this article and incorporated
herein by reference as though fully set forth at length.
(b)
The term of the agreement shall set forth the date on which it is
executed pursuant to this article and shall be five years commencing
on the date of execution of the agreement.
[Ord. 8025, passed 11-14-2012]
The financial obligations under the Central Booking Program
shall be paid by a booking center fund fee as set forth in 42 Pa.
C.S.A. § 1735.5 and assessed detainees by the Court.
[Ord. 8025, passed 11-14-2012]
|
This Agreement is made this _____ day of __________, 2012 by
the municipalities that fall within Lawrence County including the
City of New Castle, Borough of South New Castle, Township of Hickory,
Township of Shenango, Township of Scott, Township of Washington, Township
of Slippery Rock, Borough of Bessemer, Borough of S.N.P.J., Township
of Mahoning, township of North Beaver, Township of Taylor, Township
of Union, Borough of New Wilmington, Borough of Volant, Township of
Neshannock, Township of Pulaski, Township of Plain Grove and Township
of Wilmington (hereinafter collectively referred to as "Participants").
| |||
|
WITNESSED, as follows:
| |||
|
WHEREAS the Participants and the County are initiating a Central
Booking Project whose main goals are:
| |||
|
a.
|
To ensure that, where authorized all individuals charged with
a crime in Lawrence County within said jurisdictions, both adults
and juveniles, are fingerprinted, photographed, and recorded in the
Central Repository with the best quality handprints and complete and
accurate demographic data;
| ||
|
b.
|
To biometrically identify and verify past criminal history at
time of arrest to ensure wanted and dangerous individuals are not
inappropriately released into the community;
| ||
|
c.
|
To assist state and local law enforcement in complying with
the Criminal History Record Information Act (CHRIA), Title 18, Section
91112 and the Juvenile Act;
| ||
|
d.
|
To assist with registration and verifications required by Pennsylvania
Megan's Law.
| ||
|
WHEREAS, the County and municipalities mentioned are empowered
by the Intergovernmental Cooperation Law (53 pa C.S.A. Section 481,
eq seq) as amended to enter into intergovernmental agreements to provide
for joint public services.
| |||
|
NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND, the Participants
and the County agree as follows:
| |||
|
SECTION 1. Purpose of this Agreement.
| |||
|
The purpose of this agreement is to establish, fund and maintain
a joint centralized booking program by Lawrence County for the Participants.
| |||
|
SECTION 2. Scope of Services.
| |||
|
A.
|
The Central Booking Center (hereinafter) referred to as "CBC")
will be responsible for the "booking" and processing of offenders
who have been charged with a criminal offense by the police. The CBC
will process defendants brought to the CBC in police custody, as well
as defendants being prosecuted by summons, according to established
CBC Policies and Procedures. The charging police agency shall be responsible
to transport defendants to the CBC and shall remain at the CBC during
processing of the defendant. The charging police agency shall be at
all times responsible for the custody of the defendant while at the
CBC facility. The charging police agency shall provide the CBC with
the required paperwork. The booking process will include taking fingerprints
and digital photographs of defendants, running criminal history record
checks, and performing any other operations that may be required as
part of the booking process in the future. Where appropriate, the
CBC will also conduct video arraignments with the on-call Magisterial
District Judge and will provide secure detention of defendants awaiting
video arraignment. If the defendant becomes eligible for release the
CBC will process said release. If not released, the defendant will
then be committed to the county correctional facility. Responsibility
to transport the Defendant to the Lawrence County Correctional Facility
or other appropriate facility shall remain the responsibility of the
charging police agency and not the CBC.
| ||
|
B.
|
The CBC shall be operated on the site of the New Castle Police
Department, or other location deemed by the City of New Castle to
be appropriate and adequate to administer the CBC function. The City
shall be responsible for operating and staffing the CBC. The CBC staff
may be, in the discretion of the City, law enforcement officers of
the New Castle Police Department, non-law enforcement employees of
the City, or independent contractors. The City shall maintain sole
responsibility and discretion with regard to all aspects of staffing
the CBC, including, but not limited to, hiring, termination, suspension,
discipline, compensation, and benefits.
| ||
|
C.
|
The CBC will also perform applicant fingerprinting for individuals
who are required to obtain a printed copy of their fingerprints for
employment or other purposes not relating to criminal prosecution,
including, but not limited to, individuals applying for banking, teaching,
and other positions. Individuals will be charged a fee for this service.
| ||
|
D.
|
A Central Booking Advisory Committee, composed of representatives
from Law Enforcement, the Mayor of the City of New Castle, the Magisterial
District Courts, the County Correctional Facility, 911/Emergency Communications,
Probation Department, and Criminal Justice Advisory Board as well
as the President Judge will meet on a regular basis, or as needed,
to review Central booking Operations and provide input on policies
and procedures where appropriate. The Advisory Committee, or a representative
or representatives thereof, will report to the Lawrence County Criminal
Justice (CJAB) Advisory Board as required.
| ||
|
SECTION 3. Funding of Booking Program.
| |||
|
A.
|
The Lawrence County Courts shall impose a booking fee of no
more than $300 on all offenders enumerated in 42 Pa.C.S.A. 1725.5(a).
These fees, when received from offenders, are collected through the
Magisterial District Courts and/or the Clerk of Courts, and shall
be deposited in a special account established by the City of New Castle.
The fees shall be used for startup and ongoing operational costs of
the CBC pursuant to 42 Pa.C.S.A. 1725.5(b). Additionally, the CBC
shall directly collect fees for processing of fingerprinting for individuals
for employment or other purposes unrelated to criminal prosecution.
The fees for services provided by the CBC shall be set by the Central
Booking Advisory Committee in accordance with applicable law.
| ||
|
B.
|
The CBC's operational costs include the following expenses:
salaries, benefits, staff travel, training, phone, postage, photocopies,
supplies, insurance and bond premiums, office equipment and maintenance,
indirect charges for data processing and computer replacement, the
purchase of capital equipment, and other reasonable expenses directly
related to the CBC. Capital equipment is an item that costs more than
$5,000. Whenever possible and financially feasible, the County, City
of New Castle and or The Criminal Justice Advisory Committee will
pursue grant funding for the purchase of Capital equipment. It is
the intent of the parties to this agreement that the CBC function
is to be cost-neutral to the City of New Castle, and the City shall
be entitled to reimbursement of any costs or expenditures made by
the City or any of its departments in the administration and operation
of the CBC function from CBC fees.
| ||
|
C.
|
Central Booking Center will prepare an annual budget for the
upcoming calendar year in accordance with the City budget process
and time line. This budget will be presented to the Central Booking
Advisory Committee and the City of New Castle prior to the adoption.
| ||
|
SECTION 4. Funding Formula.
| |||
|
The financial obligations under the Central Booking program
shall be paid by a booking center fund fee as set forth in 42 Pa.CSA
§ 1725.5 and assessed detainees by the Court.
| |||
|
SECTION 5. Equipment.
| |||
|
The equipment is provided and owned by the City of New Castle.
| |||
|
SECTION 6. Program Audit.
| |||
|
A.
|
The City will maintain at the CBC's principal place of
business complete and accurate records and accounts including documents,
correspondence and other evidence pertaining to costs and expenses
of the CBC program.
| ||
|
B.
|
The financial transactions of the CBC are subject to audit by
the City's internal audit function and outside auditors, as required
by law or custom of the City of New Castle.
| ||
|
SECTION 7. Changes in Participants.
| |||
|
The Central booking Program may, from time to time, be enlarged
to include other municipal police agencies. Individual municipal police
departments may become a participant upon the enactment of an ordinance
adopting this Intergovernmental Agreement by the governing body of
the municipality. If the new Participant is a regional police agency,
the municipalities forming the regional police agency shall each adopt
an ordinance adopting this Intergovernmental Agreement. Once the ordinance
has/have been adopted, copies shall be submitted to the Lawrence County
Commissioners, who shall then add the new Participants to the CBC.
No action of current Participants is required for the additional Participants.
| |||
|
SECTION 8. Amendment Procedures.
| |||
|
Amendments to this Intergovernmental Agreement may be recommended
by the Participants. If an amendment is recommended the County Commissioners
may, as they deem appropriate, distribute the proposed amendment to
the Participants for enactment or convene a meeting of the Participants
to discuss the proposed amendment prior to formal consideration. Any
amendment or change to this agreement shall take effect upon passage
of the appropriate ordinance by all participating municipalities and
Lawrence County and receipt of written concurrence from the City of
New Castle.
| |||
|
SECTION 9. Term of Agreement.
| |||
|
A.
|
This agreement shall have an initial term of five years, from
July 1, 2012 through June 30, 2017. The County and Participants agree
that they will not withdraw their participants during this initial
term, except as provided herein. If any Participant or the County
wishes to withdraw from this agreement following the initial term,
they shall provide not to the County and all Participants of such
intent not less than 18 months prior to the end of the term (i.e.,
no later than December 30, 2015).
| ||
|
B.
|
This agreement shall renew automatically for one year terms
on an annual basis beginning July 1, 2018. If any Participant of the
County wishes to withdraw from this agreement at any point other than
the end of the initial term (see Section 9.A above), they shall provide
notice to the County and all participants of such intent not less
than 18 months prior to the end of the year when their participation
will end. They County or a Participant may withdraw only at the end
of a calendar year, no mid-year withdraw is permitted.
| ||
|
C.
|
In addition to the termination and withdraw rights sets forth
hereinabove, the City of New Castle may, at its option, and with at
least three months' written notice to the Commissioners, terminate
its obligation to operate, staff, and manage the CBC, if any of the
following apply:
| ||
|
i.
|
The City determines that the expenses of administering and operating
the CBC at its facility exceed the revenue generated from the booking
fee and other fees generated by the CBC function;
| ||
|
ii.
|
The City is unable to provide adequate staffing of the CBC either
due to lack of funding for staff through the CBC budget or staffing
limitations within the police department or other City departments;
| ||
|
iii.
|
The City determines that the administration and operation of
the CBC poses an undue burden on the primary police function of the
New Castle Police Department.
| ||
|
SECTION 10. Adoption of Agreement.
| |||
|
Adoption of this agreement shall be by ordinance for the County
and the participating municipalities. Said ordinance shall authorize
and direct the appropriate officials (Chair, President Judge, Mayor,
etc..) to execute the agreement on behalf of the County/Municipality
The Lawrence County Commissioners, or their designee shall be the
custodian of the original of the executed agreement and shall provide
copies of the final, executed agreement to all Participants. When
a new Participant or Participants is(are) added, the Commissioners
shall provide an addendum to the original agreement for execution
and, once executed, shall retain the original and distribute copies
to all Participants.
| |||
|
IN WITNESS HEREOF AND INTENDING TO BE LEGALLY BOUND, the parties
hereto execute this Agreement as follows:
| |||
|
WITNESS
|
LAWRENCE COUNTY COURT OF COMMON PLEAS
| ||
|
|
BY:
| ||
|
Honorable President Judge
| |||
|
WITNESS
|
COUNTY OF LAWRENCE
| ||
|
|
BY
| ||
|
Chairman, Board of Commissioners
| |||
|
WITNESS
|
CITY OF NEW CASTLE
| ||
|
|
BY:
| ||
|
Mayor
| |||
|
WITNESS
| |||
|
|
BY:
| ||
|
City Controller
| |||
|
WITNESS
|
BOROUGH OF SOUTH NEW CASTLE
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF HICKORY
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF SHENANGO
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF SCOTT
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF WASHINGTON
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF SLIPPERY ROCK
| ||
|
|
BY:
| ||
|
WITNESS
|
BOROUGH OF BESSEMER
| ||
|
|
BY:
| ||
|
WITNESS
|
BOROUGH OF S.N.P.J.
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF MAHONING
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF NORTH BEAVER
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF TAYLOR
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF UNION
| ||
|
|
BY:
| ||
|
WITNESS
|
BOROUGH OF NEW WILMINGTON
| ||
|
|
BY:
| ||
|
WITNESS
|
BOROUGH OF VOLANT
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF NESHANNOCK
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF PULASKI
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF VOLANT
| ||
|
|
BY:
| ||
|
WITNESS
|
TOWNSHIP OF WILMINGTON
| ||
|
|
BY:
| ||
