Aug 13, 2008 6:10 pm US/Mountain
Hickenlooper News Release About Holding Cell
DENVER (CBS4) ―
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On Wednesday afternoon Mayor John Hickenlooper's office sent a news release to media explaining the purpose of the holding facility CBS4 first reported on Tuesday night.
DENVER LAUNCHES COMMUNITY OUTREACH ON TEMPORARY ARRESTEE PROCESSING CENTER
(DENVER) City officials began community outreach this week regarding plans to locate a temporary arrestee processing center in a City-owned facility during the week of the Democratic National Convention. While the City and County of Denver does not anticipate the need for widespread arrests during the Convention, it is obligated to plan and prepare for that possibility given the volume of people anticipated to attend and the intention of some organizations to deliberately get arrested.
Due to the possibility of increased arrests, the City is preparing additional processing capability to reduce the time that arrestees will have to wait to be processed, post bond and/or appear in court. To this end, the temporary arrest processing center will be operational as needed between Sunday, August 24 and Sunday, August 31.
[Please know that the site is currently under construction. Tours will be available once construction is completed early next week.]
In a letter to the surrounding residential and commercial neighbors, the Denver Sheriff Department explained: "This facility will not be used for long-term detention. Arrestees who are processed at this facility will be there for no more than the few hours it requires for processing. Water, bathrooms, medical staff and phones will be available to them. The facility will be fully staffed to ensure its safe and secure operation. Whether arrestees bond out at the processing center or receive a court appearance at the City and County Building, no arrestees will be released into the surrounding neighborhood. All releases will take place at the County Jail at Smith Road, the City's standard release site."
Over the past few weeks, City officials have met with several criminal defense attorneys including representatives from the firms contracted to provide public defender services in the Denver Municipal Courts as well as the American Civil Liberties Union to describe plans for arrestee processing at a then yet-to-be-finalized temporary processing center. Those details included the following:
· Water, bathrooms, phones and medical staff will be available in the air-conditioned processing center.
· An informational handout will be distributed to arrestees, providing information on the process, contact numbers and information sources for family, and phone numbers for the American Civil Liberties Union and People's Law Project. Arrestees will be able to make free local calls as well as long-distance collect or calling-card calls.
· The majority of municipal ordinances are on a bond schedule published by the County Court. Individuals charged with violating ordinances on the bond schedule will be able to post bond at the processing center and be released from the County Jail without a having a court appearance. They will be given a court date upon which to appear for arraignment.
· Persons unable or unwilling to post bond will appear in court at the City and County Building where they will be advised of their rights and arraigned. As per standard operating procedure, they will be able to meet with their attorney in person at that time. Any attorney can enter his/her appearance in a case to represent a defendant.
· The Court will be prepared to devote sufficient resources to handle any increased arraignment dockets that might arise. There will be an expanded capacity to process such matters, including court sessions beyond usual business hours. Judges and Magistrates will work the extra hours as needed.
· Family and friends interested in the status of a case can research it at the Denver County Court website: www.denvergov.org/court . All activities related to a case are updated within minutes of court action. A case name can be searched by defendant's name, case name, etc.
Again, the City does not anticipate the need for widespread arrests, but is obligated to plan and prepare for that possibility given the volume of people anticipated to attend the Convention and the intention of some organizations to deliberately get arrested.
As City officials have clearly stated, the Denver Police Department does not have a "mandatory arrest" policy for violations during the Democratic National Convention or any other time. Unless required by law - such as in the case of domestic violence - a Denver police officer has the discretion to ask for voluntary compliance, deliver a warning, issue a citation or make an arrest based on the totality of circumstances. In many cases, individuals voluntarily comply with requests and officers are able to peacefully stop unlawful activities without any legal actions. In the context of peaceful demonstrations where a state or city law is violated, arrests are a last option - used when all other options have been exhausted or safety concerns are involved.
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