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Home My WebLink About05-12-2006 Criminal Justice WSAGENDA Friday, May 12, 2006 9:00 A.M. CRIMINAL JUSTICE WORKSHOP I. CALL TO ORDER - COMMISSIONER COWARD, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS II. INTRODUCTION - COMMISSIONER SMITH, CHAIRMAN PUBLIC SAFETY COORDINATING COUNCIL III. DRUG COURT -JUDGE ROBY/JUDGE LEVIN IV. DIVERSION MODEL - BOB QUAM, CEO - NEW HORIZONS V. MENTAL HEALTH COURT - BOB QUAM, CEO - NEW HORIZONS VI. COMMUNITY RE-ENTRY REPORT • SHERIFF'S OFFICE • FAITH BASED COMMUNITY • NEW HORIZONS • CLIENT SERVICES/PUBLIC DEFENDERS OFFICE • STATE ATTORNEY VII. SENTENCING ALTERNATIVES, INC. - SANDY STICCO VIII. BAIL BONDSMAN ASSOCIATION - MITCH HILBURN IX. NOTICE TO APPEAR - MARK GODWIN X. FIRST APPERANCE PROCESS - MARK GODWIN XI. STAFFING ISSUES - MARK GODWIN • CLERK • PUBLIC DEFENDER • STATE ATTORNEY XII. I.L.P.P. RECOMMENDATIONS & IMPLEMENTATION - MARK GODWIN XIII. QUESTIONS AND COMMENTS XIV. PUBLIC COMMENT XV. ADJOURNMENT ST. LUCIE COUNTY COMMISSION CHAMBERS 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA Friday, May 12, 2006 9:00 A.M. CRIMINAL JUSTICE WORKSHOP uV./1 CALL TO ORDER - COMMISSIONER COWARD, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS INTRODUCTION - COMMISSIONER SMITH, CHAIRMAN PUBLIC SAFETY COORDINATING COUNCIL I. DRUG COURT - JUDGE ROBY/JUDGE LEVIN I DIVERSION MODEL - BOB QUAM, CEO - NEW HORIZONS MENTAL HEALTH COURT - BOB QUAM, CEO - NEW HORIZONS COMMUNITY RE-ENTRY REPORT • SHERIFF'S OFFICE • FAITH BASED COMMUNITY • NEW HORIZONS • CLIENT SERVICES/PUBLIC DEFENDERS OFFICE • STATE ATTORNEY II. SENTENCING ALTERNATIVES, INC. - SANDY STICCO V BAIL BONDSMAN ASSOCIATION - MITCH HILBURN I OTICE TO APPEAR - MARK GODWIN X FIRST APPERANCE PROCESS - MARK GODWIN' XI. STAFFING ISSUES - MARK GODWIN • CLERK • PUBLIC DEFENDER • STATE ATTORNEY XII. I.L.P.P. RECOMMENDATIONS & IMPLEMENTATION - MARK GODWIN XIII. QUESTIONS AND COMMENTS XIV. PUBLIC COMMENT XV. ADJOURNMENT < ST. LUCIE COUNTY COMMISSION CHAMBERS C 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. First Appearance In St. Lucie County Initial or First Appearances are held once a day at 8:30am, via video conferencing between the courthouse and the Jail. The judge, clerk and assistant state attorney are located at the courthouse and the defendant and assistant public defender is located at the jail. The brief hearing is currently only being used to establish probable cause and set bond amounts, read the defendant their charges and if eligible they are appointed the Public Defender. Judges are given a copy of a NCIC/FCIC query — but nothing verified. First Appearance is held only once per day and with judges who rotate the duty. This results in a lack of consistency in the way cases are handled. For example, some judges might take no pleas at all, while others might set bonds arbitrarily higher than others. As of January 29, 2006, St. Lucie County funded Sentencing Alternatives, Inc., (SAI) a private vendor to provide criminal history and background information about the inmates to assist the judge in making informed bond or release decisions. Currently, only non - dangerous inmates are reviewed for release on GPS (global positioning satellite) tracking of defendants. Furthermore, SAI is planning on implementing a regular pretrial services program for non -dangerous defendants that don't need the restriction of GPS tracking. In comparison, Palm Beach County has an Adversarial First Appearance Process. First, a full time judge is assigned to First Appearance Hearings (along with arraignments and traffic cases). Based on the information provided to the Judge, State Attorney, Public Defender can process low risk defendants in a timely manner. Judges make more informed release and sentencing decisions, ensuring those defendants who remain in jail are either sentenced, present a danger to the community or would fail to appear for court. In Palm Beach County, the Judge's Office and Courtroom are located at the jail. Prior to first appearance proceedings, all cases are screened for Drug Court, ROR, and Supervised Pretrial Release. Recommendations: As suggested by Commissioner Smith, invite the Criminal Justice Leaders on a trip to Palm Beach County to observe the First Appearance Process, and discuss why this wouldn't work in St. Lucie County. Staffing Issues Agency Total Positions Vacancies Turnover Public Defender 17 positions (10 attorney 3 vacancies No Turnover positions, one of whom does Reports circuit -wide work. 7 misdemeanor/CSP/juvenile attorneys. State Attorney 29 positions 5 vacancies No Turnover Felony Division — 16 3 felony Reports Misdemeanor Division — 6 2 misdemeanor Juvenile Division — 2 Major Crimes Division (circuit -wide)- 5 Clerk of Court 46 Total Positions 2 vacancies Out of 54 hired 25 positions for Felony (1 in each division) in one year — 21 positions for Misdemeanor 19 terminated NOTICE TO APPEAR DATA Month FPPD SLSO PSLPD October 05 37 / 263 6 / November 05 61 / 131 8 December 05 73 / 162 5 / 553 January 06 83 / 314 8 / 472 February 06 48 / 177 6 / 12 March 06 59 / 198 5 / 623 April 06 69 / 184 10 / 7 NTA's issues by FPPD: February 2006 Charge Number Consumption of Alcohol on premises 1 False Name to LEO 1 Improper Display of Firearm 1 Lewd or Lascivious 1 Loitering & Prowling 1 Open Container 20 Possession of Marijuana under 20 grams 4 Possession of Drug Paraphernalia 8 Resisting Arrest With Out Violence 1 Retail Theft 2 Soliciting for Prostitution 5 Trespass 3 Total 48 Criminal Rule of Procedure 3.125 RULE 3.125. NOTICE TO APPEAR (a) Definition. Unless indicated otherwise, notice to appear means a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. (b) By Arresting Officer. If a person is arrested for an offense declared to be a misdemeanor of the first or second degree or a violation, or is arrested for violation of a municipal or county ordinance triable in the county, and demand to be taken before a judge is not made, notice to appear may be issued by the arresting officer unless: (1) the accused fails or refuses to sufficiently identify himself or herself or supply the required information; (2) the accused refuses to sign the notice to appear; (3) the officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others; (4) the accused has no ties with the jurisdiction reasonably sufficient to assure the accused's appearance or there is substantial risk that the accused will refuse to respond to the notice; (5) the officer has any suspicion that the accused may be wanted in any jurisdiction; or (6) it appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program. (c) By Booking Officer. If the arresting officer does not issue notice to appear because of one of the exceptions listed in subdivision (b) and takes the accused to police headquarters, the booking officer may issue notice to appear if the officer determines that there is a likelihood that the accused will appear as directed, based on a reasonable investigation of the accused's: (1) residence and length of residence in the community; (2) family ties in the community; (3) employment record; (4) character and mental condition; (5) past record of convictions; or (6) past history of appearance at court proceedings. 0) Rules and Regulations. Rules and regulations of procedure governing the exercise of authority to issue notices to appear shall be established by the chief iudge of the circuit. Ninth Judicial Circuit — Orange County — Administrative Order 2003-39 A. Notice to Appear or Release on Own Recognizance (ROR): 1. When a person is arrested for a misdemeanor of the first or second degree, a criminal traffic offense, or a violation of a municipal or county ordinance, except for charges relating to prostitution, domestic battery/domestic violence, violation of domestic battery injunctions, fleeing or attempting to elude a law enforcement officer, or driving under the influence, the accused shall be released at the scene of the arrest through the issuance of a Notice to Appear, except in those cases requiring mandatory booking pursuant to section two of this Order below. In any case where persons are not booked into jail, the Notice to Appear form must include information stating the type of identification provided by the person arrested and right and left thumb prints of the person arrested. The arresting officer shall have the discretion, however, to book the accused person into the county jail if the officer determines that any of the following factors exist. a. The subject of the arrest is known by the arresting officer to be a habitual offender; b. The alleged crime is one of a violent nature or one which indicates a reckless disregard for the safety of others; c. The nature of the accused person is clearly violent or disorderly; d. The arresting officer has reason to believe that the accused person will repeat the offense if not detained; e. The accused person has no valid, verifiable address; f. The accused person does not reside in Orange County or a bordering county. g. The arresting officer has reason to believe that the accused person meets the criteria for the Baker Act, or the Marchman Act, or is a substance abuser, or suffers from a mental illness. 2. The accused person shall be booked into the county jail if any of the following circumstances exist: a. The accused person failed to sufficiently identify himself or herself or supply the necessary information for completion of the Notice to Appear or traffic citation; b. The accused person refused to sign the Notice to Appear; c. The arresting officer has reason to believe that the continued liberty of the accused person constitutes an unreasonable risk of bodily injury to others; d. The accused person has no ties with the jurisdiction sufficient to assure the accused's appearance at court or there is substantial risk that the accused will refuse to respond to the notice or citation; e. The arresting officer has a reasonable belief the accused person may be wanted in any jurisdiction; f. The arresting officer has a reasonable belief that the accused person has previously failed to respond to a notice or summons or has violated the conditions of any pretrial release program; or g. The accused person is arrested for prostitution or a prostitution related offense, including violations of probation involving prostitution mapping zone. 3. If a person accused of a misdemeanor, criminal traffic offense, or violation of city or county ordinance is brought to the jail because the person failed to sufficiently identify himself or herself or supply the information necessary for completion of the Notice to Appear, or because it appeared to the arresting officer that the accused person had previously failed to respond to a notice or summons or had violated the conditions of any pretrial release program, Orange County Corrections staff shall begin a preliminary investigation to determine if the accused person is a likely candidate for release on his/her own recognizance. The investigation shall include the following facts: a. The accused person provides residence information and currently resides in Orange, Seminole, Volusia, Brevard, Lake, Polk or Osceola County; b. The accused person provides the name, address and phone number of an emergency contact; c. The accused person provides current employment or student information or is a homemaker, retired or disabled; d. The accused person is not exhibiting mental illness or behavior indicating he/she may cause harm to himself/herself or another. 4. After the accused person is booked and positively identified through AFIS, the Orange County Corrections staff shall make a final determination after reviewing the following information. The accused person's local, state and national criminal history is reviewed for prior convictions and failures to appear. To be eligible for ROR the accused person must meet the criteria established by the Corrections Department. 5. Pursuant to above paragraph 3 and 4 of this subsection, once it is determined that the accused person is likely to appear as directed, the accused person shall be released upon the issuance of a Release on Own Recognizance (ROR). 6. Any accused person booked into the Orange County Jail on a worthless check warrant may be released on his or her own recognizance once the Orange County Corrections staff determines the accused person is likely to appear based on the criteria set out in the above paragraphs 3., 4, and 5 of this Order. 7. Any accused person who is released on his or her own recognizance pursuant to this order, shall receive a notice substantially stating the following: "You are being released pursuant to administrative order because you have met the criteria for release. You have supplied an address to which all future court process will be sent. As a condition of your release, you must refrain from criminal activity of any kind and you must refrain from any contact with the alleged victim of the crime which you have been charged except through pretrial discovery if stipulated by all parties or if ordered by the Judge on a showing of good cause pursuant to Florida Rule of Criminal Procedure 3.220(h)(7). If you violate these conditions or fail to appear for any of your court dates, your recognizance status will be revoked and you may remain in jail or be required to post a substantial bond until your charges have been disposed." You must notify the Clerk of Court if your address has been changed within 24 hours from the date the address has changed. Feb. 13. 2006 11:34AM No.2598 P. 1 FAXTRANSMiTTAIJ St. Lucie County Sherifra Office 4700 W. Midway Road Fort Pierce, FL 34981 Phone (772) 462-7300 Fax (772) 462-3362 DATE: February 13, 2006 FAX#., 772462-1440 PLEASE DELIVER Imo, TO; Mark Godwin Criminal Justice Coordinator Number of Pages: 4 (including cover sheen FROM: Debra Wriph +Uggn Secretary Major F. Patrick Tighe Director of Difentioi► Direct Phone* (772)4,62-3396 Fax#: (772) 4152-336.2 Please find included with this fax the Cenral Order an Notice To Appears. If you have any questions, please feel free to contact Major Ti&. Thank you kindly. Feb. 13. 2006 11:35AM No.2598 P, 2 G. Have authority to raise the power of the county and command any petson to assist them, when necessary, in the execution of the duties of their ofilce; and whoever, not being physically incompetent, refuses or neglects to render such assistance, shall be punished by imprisonment in jail, not exceeding one year, or by fine not exceeding S500; H. Be ex officio timber agents for their counties; and ' r I. Perform such duties as may be imposed upon them by )law. II. DISCRETION -MISDEMEANOR OFFENSES: Persons arrested for misdemeanor charges will be issued a Notice to Appear unless: I. The subject is a known habitual offender; 2. The offense was violent in nature; 3. The deputy has reason to believe the accused will repeat the offense if left at liberty; 4. The accused exhibits violent or disorderly behavior; 5. The accused has no valid address; 6. The accused has previously failed to respond to a notice or summons; or'i 7. The accused fails to sign a Notice to Appear or sutamons, or is unable to provide sufficient l information, B. The decision regarding an arrest should be made after careful consideration of the following: L Whether the arrest would cause a greater risk of harm to the public than not arresting the offender; 2. Whether the offense can best be dealt with through informal warnings, i.e. warnings or talking with the parents of a juvenile offender, 3. The seriousness of the crime committed; and 4. Whether public empathy may be enhanced by careful use of discretion, and potential ill -will can be avoided. RELEASE ON SIGNATURE: If planning to release the defend�int after securing a signature on the Notice to Appear, the investigating deputy shall obtain positive identification from the accused and include the following informations on the Notice to Appear: A. The defendant's name and correct address; B. All witnesses' names and correct addresses; 2 of4 .lulu 1 INA Feb, 13, 2006 11:35AM No.2598 P, 3 ` G.O.35.02 I Whenever practical deputies not in uniform should display their badge and X.D. card and announce that they are deputy sheriffs. i 4. Deputies will use only the force necessary to complete an wrest or overcome resistance, S. All prisoners will be handcuffed with their hands behind their back thumbs up hands back to back not palm to palm unless a medical condition makes doing so impractical, or extenuating circumstances prevail, • 6. All prisoners will be searched prior to being transported. 7. All prisoners will be transported in the rear seat ofthe Sheriffs Office vehicle. The deputywill search the rear seat area before and after prisoner transport. 8. The arresting deputy is responsible for filing an arrest: affidavit and a written offense report for all probable cause arrests and an arrest affidavit for all warrant arrests. IV. SUMMONS IN LIEU OF ARREST; (NOTICE TO APPEAR): A. A Notice to Appear can be written upon the discretion of the; arresting deputy when all of the following conditions exists: 1. The arrest is for a first or second degree state misdemeanor, or a county ordinance; and 2. The arrest is for a non-violent charge; and I The subject is a resident of St, Lucie County, E. Summons in Lieu of Arrest will not be used when any of the following situations exists: I. The accused fails to sufficiently identify himself or supply the required information, 2. The accused refuses to sign the Notice to Appear. 3. The deputy has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to himself or others. 4. The accused has no ties with the county reasonably sufficient to assure his appearance, 5. The deputy feels that there is a substantial risk that the accused will not show up for his court date. 6. The deputy has any suspicion that the accused is wanted by another law enforcement agency. 7. It appears that the accused has previously failed to respond to a notice or summons or has violated the conditions of any pretrial release program. S. The accused appears to be intoxicated. 9. The accused possessed a weapon at the time of or during the alleged violation. 10. The accused is under eighteen years of age. Refer to section V. 3 of 5 July I, 2005 Feb, 13. 2006 11: 3 5 AAM-,%qr N o. 2 5 9 8p1 P; ORO 23465 IN THE COUNTY COURT, IN AND FOR ST. L UCIE COUNTY, FLORIDA ❑ S.Q. ❑ P.H.P. AGENCY CASE NUMBER F:,.l�a�, ..�,:...,' .... axi:a.:„: • TODAY'B DATE ❑ P.D. d OTHER �'�_+�:..' :> r::;.::•. In the name of St. Lucie County, Florida., The undersigned certifies that he has just and reasonable to believe, and does believe that: On CITY At (location) In St. Lucie County, Florida, committed the following offense(s): NAME ZIP CHAROE STATE STATUTE/ ORDINANCE 2 CHARME STATE STATUTE I ORDINANCE J CHARGE STATE STATUTE / ORDINANCE Facts of the offense; THUMB PRINT OBN Tou muse appear in county Gourt at The St. Lucie County Courthousie located at 218 S, 2nd Street, Fort Pleroe, RON& on ❑ AM [I PM MONTH DAY 20 — YEAR -� AT TIME I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S) CHARGED. I UNDERSTAND THAT SHOULD I WILL. FULLY FAIL TO APPEAR BEFORE THE COURT, THAT I MAY BE HELD IN CONTEMPT OF COURTANO THAT A WARRANT FOR MY ARREST SHALL BE ISSUED, SCHEDULE OF WITNESSES AND EVIDENCE 6 1 Q H AT U R E OF D E P E N D A N T 00-DEFENDAM 0 anolMDMNOANYS- ❑ CITEO ❑ JAILED I ❑JAILED EVIDENCE; le mm, wrlNiyp Wn ITEM OBTANED MCIFFEARWAILIMEFIRST RECEIVED BY: QFVEN TO: 1 TANGIBLE EVIDENCE; (M r4m, write "naml ITEM OBTAINED FROM PfiRSOWPLAve FIRST RECEIVED BY: GIVEN TO: 2 TANW&A EVIDENCE if nom. write `none) ITEM OBTANNED FROM FpRBON;PLACE FIRST RECEIVED BY: GIVEN TO: 9 WITNESS NAME; (If none. Writs 1W*1 FIOIAfiADDRESS ST HOME PHONE 1 EMPLOYER SUMMARY OP TESTIMONY BUSINESS PHONE WITNE NAME: (11 row, wrk Inns') ADDRESS CITY ST HOME PHONE EMPLOYER SUMMARY OF TESTIMONY BUSINESS PHONE wITNIN NAME: (N none, Wft VWW) HOME ADDRESS CRY ST HOME PHONE 3 EMPLOYER SUMMARY OFTESTMIONY BUBMVEBB PHONE I swear the above and attached atatement(s) am true and correct to the beat of my knowledge and belief. I further certify the foregoing contains the collpleta list of witnesses and evidence known to me. INVESTIGATING OFFICER'$ 91ONATURE ID I OSN Whits — CLERK Yellow —STATE ATTORNEY Sworn to and subscribed before me the undersigned authority, this day of .20 SIGNATURE (LEO / ASA / NOTARY) Pink — L / E AGSNCY Gold -- DEFENDANT Mark Godwin - Fwd: Notice To Appear Issuance Page 1 From: "Pat Tighe" <TigheP@stluciesheriff.com> To: <MARKG@stlucieco.gov> Date: 3/7/2006 1:21:04 PM Subject: Fwd: Notice To Appear Issuance Mark, Please read the process below for NTA's at the St. Lucie County jail. The daily First Appearance court docket will reflect only those individuals who do not qualify (i.e. homeless, unemployed, violent and extensive criminal history, history of F.T.A., etc.) and the disqualified will be noted on the docket. Additionally, we have formulated an Standard Operating Procedure that outlines the N.T.A. process according to the State of Florida Procedural Guidelines (3.125). We are also working with Sentencing Alternatives who'takes a second look' at the remaining individuals to verify our information. I have been monitoring these possible releases for the past four (4) weeks and have not witnessed anyone attending court that met this release criteria. If you have any questions, please feel free to contact me directly. Pat >>> Deborah Fleury 3/7/2006 12:37:45 PM >>> Effective immediately, if an inmate does not meet the criteria to be issued a Notice To Appear, it is to be noted on the cover of the folder (NTA Disqualified). Night shift supervisor will make note also on the final bond hearing list prior to the lists being distributed. It will be approximately two weeks before we receive the stamp for this, so inform your staff to hand write it on the folder for now. NOTE: This applies to misdemeanor charges only. If you have any questions please contact me. GPS Electronic Monitoring Pretrial Services StudyCompleted Integrate Data Bases Completed 18.00 er defendant or 20,000 per month Pretrial Resource Center $3,500.00 Completed Lines Installed — waiting for S.O./S.A./Clerk Funded for $49,800 with yearly fees (currently less expensive due to non -fiber lines being installed. Paid for S.O. Software - $5,000.00 Completed Started 8/8/05 Hired Criminal Justice Coordinator Built Courtroom at Jail Contracted with SAI to provide Pretrial Services Road/Mowing Project Supplementing weekend work program with ILLP Recommendations Constructing Work Farm Complete 2005 Completed BOCC passed and waiting for implementation in next few months. Pending / Budgeted For 06/07 Escambia County Road Prison Staff will be making presentation at the June 2006, Public Safety Coordinating Council. Issues of Weekend work Program & Jail such as contraband and insurance Pending Bond Validation issues on impact fees. Project cost $354,000.00 — up to 100 beds for low risk offenders. County -Wide Notice to Appear Administrative Order for LEO Bond Schedule Study Differentiated Case Mgt. Courts Courts Ongoing — with SLCLWV/LEO Agencies, making recommendations, but Courts not required to follow Ongoing — will be making recommendations to Chief Jud e, but Courts not required to follow Pending Recommending Case Mgrs. For judges that manage case flow and implement case mgt. process First Appearance Specialized Court Not ILLP Specialized Court that has a Duty Judge full time that hears First Appearance/ Arraignments/ VOP/ Traffic — On going Inmate Packets I Completed 175 inmates waiting 5 weeks for transport to DOC 1-70 . - �% �d- � ..,-, � /�,--�-`-_. `•��.� ,F-✓•-ter--.. j,�... -04 S/00�) G,�ry f,.�. � . �-� �_-� yam` - ._✓► d A/� ,.5� .:� sue. .�.�5� � _ �� , �. - _ ✓,S� G. --J L � � ,,,.._� ems• � � d1 a-- '�' > G� c7of E� � 7 000� %S dfto �r 1 `�7 25 - -o5-L�