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7
<br />
<br />April 10, 1973
<br />
<br /> It should also be noted that the General Assembly this last session has adopted
<br />legislation that wilI make bail procedure easier than it is now. The new law states
<br />"If any Justice of the Peace~ Magistrate, or other judicial officer has brought before
<br />him any person held in custody and charged with,an offense, other than an offense punishabl
<br />by death, said judicial officer shalI consider the release pending trial of the accused
<br />on his written promise to appear in court as directed or upon the execution of an unse~
<br />appearance bond'in an amount specified by the judicial officer."
<br />
<br /> I am also advised that parolees are no longer automatically incarcerated on a parole
<br />violation just because they are arrested. This has created a problem that did not exist
<br />before the last four or five months. Also, the professional criminal is quite often
<br />able to make bail regardless of how high it is set, while some people arrested on marginal
<br />cases are unable to make any type of bailset on a felony case.
<br />
<br /> Another problem is that at the time of arraignment in Municipal Court, neither the
<br />Court nor the Commonwealth's Attorney, in many cases, has sufficient information on hand
<br />to determine a defendant's prior record. To correct this situation, a meeting has been
<br />held between the Judge of the Municipal Court, Commonwealth's Attorney and Chief of Police
<br />A procedure has been established in writing to correct this situation. There is attached
<br />hereto a copy of this procedure.
<br />
<br /> It is the feeling of the judicial system that this
<br />by a series of Federal Court decisions that have tended
<br />law enforcement officials."
<br />
<br />is a national problem created
<br />to tie the hands of our local
<br />
<br /> On motion of Mr. Smith and seconded by Mr. Early, to be received as information, was
<br />adopted by the following vote:
<br />
<br />Ayes: Early, Holley, Johnson~ King, Smith, Wentz, Barnes
<br />Nays: None
<br />
<br />UNFINISHED BUSINESS
<br />
<br /> 73-100 - The following ordinance, approved at last council meeting, was taken up and
<br />read:
<br />
<br />"AN ORDINANCE TO CLOSE A 20 FOOT ALLEY BETWEEN PROGRESS AVENUE AND WEST
<br />NORFOLK ROAD
<br />
<br /> On motion of Mr. Smith and seconded by Mr. Johmsen, the ordinance was adopted, and
<br />by the roll,lng vote:
<br />
<br />Ayes: Early,Holley, Johnson, King, Smith, Wentz, Barnes
<br />Nays: None
<br />
<br />75-101 - The following ordinance, approved at last meeting, was taken up and read:
<br />
<br />"AN ORDINANCE TO CLOSE A 20 FOOT ALLM~ BETWEEN PROGRESS AVENUE AND WEST
<br />NflRFOLK ROAD (S-73-5).'
<br />
<br /> On motion of Mr. King and seconded by Mr. Smith, the ordinance was adopted, and by
<br />the following vote:
<br />
<br />Ayes: Early, Holley, Johnson, King, Smith, Wentz, Barnes
<br />Nays: None
<br />
<br />75-102 - The following ordinance, approved at last meeting, was taken up and read:
<br />
<br />"AN ORDINANCE TO CLOSE A PORTION OF LOUISA TERRACE (FORMERLY HIGH STREET)
<br />BETI~EEN WESTERN BRANCH BOULEVARD AND.KING STREET (S-73-3)."
<br />
<br /> Ommotion of Mr. King and seconded by Mr. Johnson, the 6~inance was adopted, and by
<br />the following vote:
<br />
<br />Ayes: Early,
<br />Nays: None
<br />Abstaining: Smith
<br />
<br />Holley,Johnson,
<br />
<br />King, Wentz, Barnes
<br />
<br />73-i05 - The following ordinance, approved at last meeting, was taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE $118,500 FROM THE FEDERAL GRANTS FUND FOR
<br />PHASE I1 OF THE COMPREHENSIVEPLANNING MANAGEMENT PROGRAM."
<br />
<br /> Ore, motion Of Mr. Smith and secondedby Mr, Johnson, the ordinance was adopted, and
<br />by the following vote:
<br />
<br />Ayes: Early, Holley, Johnson, King, Smith, Wentz, Barnes
<br />Nays: None
<br />
<br />
<br />
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