HomeMy WebLinkAboutMinutes 08-31-2006
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PUBLIC SAFETY COORDINATING COUNCIL
Minutes of Meeting
August 31, 2006
Convened: 3;30 p.m.
Adjourned:4:40 p.m.
CALL TO ORDER
Commissioner Smith called the meeting to order at 3:30 p.m. in Conference Room # 3,
2300 Virginia Avenue, Fort Pierce, Florida.
ROLL CALL
Roll call was taken.
Members Present: Commissioner Joe Smith
Becky Bleyman for Peggy Cioffi, CORE Program (3:35)
Mitch Hilburn for Janet Collins
Sheriff Ken Mascara
Major Pat Tighe, S1. Lucie County Correctional Facility
Kent Cameron for Diamond Litty, Public Defender
Thomas Mark, Department of Corrections
Bruce Colton, State Attorney
Tom Lane for John Ramano, New Horizons of the Treasure Coast
Chief Judge Roby
Members Absent: Judge Philip Yacucci
Others Present: Mark Godwin, Criminal Justice Coordinator
Jim Reeder, Palm Beach Post
Ed Fry, Clerk of the Circuit Court
Tom Genung, Court Administrator
Major Mike Monahan, SLC Sheriff's Office
Garry Wilson, SLC Sheriff's Office
Adam Fetterman, SLC Sheriff's Office
Ethel Rowland, League of Women Voters
Gary Robinson, PSLPD
Kevin Housel, DJJ-Detention
Lisa M. Fonteyn, Public Defenders Office
Kathryn Ellison, NHTC
Toby Long, SLC Sheriff's Office
Commissioner Chris Craft
Judge Cynthia Cox
Carin Smith, Aide to Commissioner Smith
Broderick Underwood
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Public Safety Coordinating Council
August 31, 2006
Page 2
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APPROVAL OF MINUTES OF THE JULY 27TH MEETING
After a motion by Chief Judge Roby and a second by Sheriff Mascara, the minutes were
unanimously approved.
JUDICIAL UPDATE
Chief Judge Roby explained the layout of the Courthouse Annex and old Courthouse. He
said they are looking forward to renovations in both. Two more full-size jury courtrooms will
be added to the third floor of the old Courthouse. Renovations must be completed at the
old Courthouse so departments can be moved there. Then renovations can begin at the
Annex. Hopefully there will be five new courtrooms by January 2008. The old Courthouse
and Annex will then be called the Courthouse Complex.
Chief Judge Roby explained that courtrooms cannot be added to the second floor because
of security.
They plan to move Court Administration to S1. Lucie West in October or November.
Veterans Administration and Guardian Ad Litem should be moved out by October. They
plan to have more civil cases at S1. Lucie West.
Adding trailers to the Seventh Street Complex is being investigated. They are working with
all the partners to add more courtrooms. Felony case managers will be added in October.
Case managers are able to give the Judges more information which helps to move the
cases through the system at a greater pace.
Commissioner Smith brought up opportunities for building other facilities in the Seventh
Street area. Chief Judge Roby acknowledged that it would be an economic boost for the
area even though the space needs study recommended Rock Road. The paramount
issue is security. Since the County owns land in the Seventh Street area, it may make
more economic sense.
UPDA TE BY CRIMINAL JUSTICE COORDINATOR
Mr. Godwin started by thanking the S1. Lucie County Media Department for making a DVD,
prepared by Judge Yacucci, to be shown to every inmate before every first appearance. It
covers the inmate's rights before the Judge comes on the bench. It will save about 20
minutes. It has been formatted in Spanish, Creole, and Portuguese.
Major Tighe reported at the last meeting that the count was 1307. Today the count is
1403. He handed out reports (see attached) with an additional chart attached for the
Public Safety Coordinating Council
August 31, 2006
Page 3
month of August. 1422 on August 25th and 26th was the highest count and stretched
resources at the jail. The yearly trend of increase is 12%. He will have a new Daily
Population Statistic sheet that will be emailed showing if VOPs are felony or
misdemeanor. On August 2th there were 276 felony State violations and 237
misdemeanor County violations. They are attempting to hand count and verify the
numbers before sending out the reports.
Sheriff Mascara added that when the population reached 1422, he made a determination
that maintenance projects would have to cease and the room be used for inmate holding.
Maintenance issues are on hold until the population stabilizes for the safety of the officers
and inmates.
Chief Judge Roby asked if the reports could be divided by technical violations versus new
law violations. Major Tighe said he could.
Mr. Godwin reported on a meeting where they decided on eight indicators Mr. Underwood
will be checking. They will also track the number of prisoners sentenced to State prison
and the number of prisoners transported. They will be checking on the lag time. Numbers
for the GPS program and the number of prisoners competent for trial will also be reported.
Every case going through the first appearance process is now being tracked. Lots of good
data should be provided in the future on a monthly basis.
Mr. Godwin has met with the Judges to get information on what they would like to see from
the new case manager positions.
Major Tighe reported that the mental health count is down because people are being
diverted to where they should be.
Mr. Godwin introduced Mr. Kevin Housel of the State's Department of Juvenile Justice
(DJJ). 81. Lucie County is required to fund the program and received a bill showing a
$52,000 per month increase. It was in addition to the $153,000 per month for St. Lucie
County's portion. Mr. Godwin asked about GPS for juveniles. Mr. Housel reported that St.
Lucie County has 43 in the DJJ program now which is down. Resident days are up but he
is not sure if there are more kids or they are staying longer. Mr. Godwin feels more
justification is needed and Mr. Housel said that he or his staff will work with him.
Major Tighe started discussion on GPS for juveniles. It will be investigated.
Mr. Godwin introduced Kate, a county funded case manager through New Horizons. She
will work in the Mental Health Court arena starting in October.
Mr. Underwood attends monthly meetings on the Data Exchange Project with the Sheriff,
State Attorney and Clerk of Court staff. They are moving forward on programs to move the
Public Safety Coordinating Council
August 31, 2006
Page 4
information faster.
Sentencing Alternatives now has over 100 people on active supervision. There has been
over 200 go through the program.
ST. LUCIE COUNTY COURT SYSTEM ADVISORY BOARD
Mr. Godwin will be presenting an agenda item to the Board of County Commissioners in
September amending the resolution by adding members from the Cities. Hopefully it will
be approved so that a meeting can be held in September. An announcement and agenda
will be sent out if the meeting is scheduled.
MENTAL HEALTH COURT
Judge Cox started her presentation saying the first Mental Health Court was June 6th with
six defendants. As of last week there are 67 active cases.
She gave a Power Point presentation (see attached). She thanked all the team members.
There are only 90 Mental Health Courts in the United States. Most of the crimes are
nonviolent. The defendants like the attention.
Mr. Fetterman started discussion on how long the cases are monitored.
Ms. Bleyman reported that she had been to the Mental Health Court and told how
impressed she was. She appreciated most that Judge Cox refers to the defendants as
clients. The clients knew what was happening, what they need to do, and the service
providers. They were excited when she recognized they had done a good job. It
humanizes the process.
Judge Cox explained the goal is to make them proud so they will want to take their
medicine and maintain stability. It is very rewarding for her to know that she can give
recognition and acknowledgement that the clients have never had before.
Commissioner Craft complimented the Mental Health team for their patience and
compassion.
Mr. Lane reported that there had been 1300 jail diversion days with the money from the
County contract. The cases were found in Mental Health Court from June 15th through
August 22nd.
He also recognized Kate from his office for the long hours and dedication to the needs of
the mentally ¡II.
Judge Cox explained that before Mental Health Court the team sets down and exchanges.
Public Safety Coordinating Council
August 31, 2006
Page 5
.di_
information. She invited the group to come and see Court in session. She expressed her
appreciation to St. Lucie County for the resources.
Mr. Godwin told how impressed he was that they started the program without funding
because the team members sacrificed their time. Mr. Lane said it is a reality that there is a
limit to services and quality of services and expressed his concern.
Commissioner Craft started discussion on medications.
Commissioner Smith also expressed how impressed he was when he attended Mental
Health Court and kudos to all those involved.
OTHER ISSUES
Mr. Godwin announced that Dr. Massey would attend the October meeting and mentioned
the new bond program or other issues for September.
Sheriff Mascara explained that if you add the 67 that Judge Cox had deferred from the Jail
and the 103 on GPS the total is 170. It is very good that the success of the Mental Health
Court program has far exceeded expectations.
Sheriff Mascara asked Mr. Fetterman to explain the legislative issues that they will be
presenting to the Treasure Coast delegations (see attached). They will be meeting with the
Florida Sheriffs and partnering with the League of Counties.
After explaining the issues Mr. Fetterman said they will be joining others or going to
Tallahassee to find sponsors for the legislation.
ADJOURNMENT
The meeting was adjourned at 4:40 p.m. by Commissioner Smith.
Submitted by,
Brenda Marlin
THE NEXT MEETING WILL BE SEPTEMBER 28,2006.
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MENTAL HEALTH COURT
Cynthia L. Cox, Circuit Judge
Lisa Fonteyn, Client Services Director
Kate Ellison, BA, New Horizons
8/31/06
Prepared for St. Lucie County Public Safety Coordinating Council
81. Lucie Mental Health
Court Model
o Resolving competency issues
o Determination of location of treatment
(forensic or community conditional release)
o Requires guilty pleas by those competent to enter pleas
(quick resolution v. trial and trial docket)
o Status reviews of progress and CR
o Review and supervision of Mentally III Defendants
o Teamwork & Community Support
o Coordination among criminal justice, mental health &
social services systems
o Access to Resources & Treatment
1
Types of cases
o Misdemeanor & Felony cases where
Defendant is mentally ill or retarded
o Competency is an issue
o Incompetency stipulated but manner and
location of treatment still unresolved
(Forensic commitment or Conditional Release)
o Not Guilty by Reason of Insanity
o Defendants returned from State Hospital
(still incompetent or NGI in need of treatment)
Keys to Success
o Improved communication collaboration among justice
system, treatment & social services
o Knowledge of existing resources & how to access them
o Better understanding of underlying issues, e.g.
substance abuse & mental health
o Having more & better information upon which to base
decisions
o All team members (i.e.- MH Court Judge, Public
Defender, State Attorney, NHTC MH Court Case
Manager) are readily accessible to one another
2
Problem SolvinQ v. Traditional Courts
o Common Goals
o Emphasis on early identification &
participation
o Non-adversarial approach
o Use of a team
o Treatment plans
o Coordination of services
o Interdisciplinary education
Treatment Tools
o Psychotropic medication
o I ndividual or Group Therapy
o Psychiatric Counseling
o Temporary &/or Transitional Housing
o Job/vocational programming & training
o Reinstatement of SSIISSDI
o Restoration of Competency
o Peer Support
o Case Management Linkage
3
Effectiveness of Treatment
o Reduces drug use
o Reduces abuse and neglect
o Reduces crime & recidivism
o Improves treatment participation
o Saves money
o Improves employment prospects
o Addresses homelessness and housing
needs
Advantages of MH Court
o Emphasizes treatment not punishment
o Defendants given a voice, respect, dignity and
validation
o Moved from jail to mental health system
expeditiously
o Humanizes the process
o Continued court oversight of the progress
o Accountability
o Family involvement and reunification
o Reduces recidivism
o Cost effectiveness
(Treatment $ v. Incarceration $)
4
Issues of concern
o Whether participation is truly voluntary
considering Defendant's mental status
o Conflict between mental health & criminal justice
goals
o Defining success; no objective measurements
o Range of response to Defendant's performance
and compliance with treatment plan is somewhat
limited
o Stress on community resources
o Arrest required to obtain access & treatment
o Unnecessarily stigmatizing or calling attention to
defendants with mental illness
Coordinated Delivery of Services
o Specialized training of criminal justice personnel to
identify & address needs
o Voluntary outpatient or inpatient mental health treatment in
least restrictive manner with dismissal or reduced
sentencing upon successful completion
o Centralized case management involving consolidation of
cases and coordination of mental health treatment plans
and social services
o Continuing supervision of treatment plan compliance
o Eligibility for funding & technical assistance
o Jail Diversion
o Public Trust & Ccrnfidence
5
Statistics to Date
o SLC Mental Health Court began 6/6/06 with
6 cases
o 67 active cases (30% are felonies)/6 court
dates
o 17 Defendants released on ROR
o 4 Defendants in Jail awaiting residential
treatment beds (2 awaiting psych evals for
state hospital placement); 1 with new charge
o NGl's
oCR's
Statistics
MH Court Charges
70%
II M is d em e a nor
[IT! F e 10 n ie s
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St. Lucie Countv Sheriff Ken Mascara
2007 Le2islative A2enda
1. Inmate medical care hospital rates should be billed at the Medicaid rate -
when a jail inmate requires hospital care, the County is responsible for the cost of
care for any inmate who does not carry health insurance (the vast majority).
Hospitals are permitted to charge counties at the "billed" rate - essentially the
highest rate they desire. This results in millions of unnecessary costs to taxpayers
statewide. We seek legislation that would require hospitals in these circumstances
to bill at the Medicaid rate, the rate at which these very same inmates would be
charged if they walked in off the street rather than escorted by a Sheriff s deputy.
2. Reimbursement to counties for state prisoners, probation violators and
incompetents - Currently, most jails in the state are overcrowded and under-
funded. The population explosion is fueled in great part by three groups of
inmates for whom counties and sheriffs receive no compensation or
reim bursement:
a) state prisoners in transport or on hold for court appearances;
b) violators of probation (VOPs), a population that has skyrocketed since the
Department of Corrections instituted a "zero-tolerance" policy;
c) under Florida Statute § 916.1 07, any defendant who has been deemed by a
judge incompetent to proceed to trial, or not guilty by reason of insanity,
and is therefore committed to the Department of Children and Families,
the defendant may be held in the county jail as an emergency facility for
up to fifteen (15) days; unfortunately, DCF consistently fails to abide by
this statutory mandate, often housing said defendants for hundreds of days
beyond the maximum.
The sheriffs of the state are required to provide the same level of care for these
inmates as for all others, including medical care, all without receiving any
reimbursement for the state, at significant cost to county taxpayers. Furthermore,
sheriffs face substantial liability exposure in housing these inmates, particularly
those committed to the custody of DCF, again at an enormous cost to taxpayers.
We seek a statutory requirement that the state reimburse sheriffs and counties for
the actual costs of housing and caring for DOC prisoners and yaps and those
committed to the care of DCF.
3. Restrict admittance of minors under the age of twenty-one (21) to drinking
establishments - Many clubs and bars allow underage patrons into their
establishments attempting to identify them with colored wristbands.
Nevertheless, many of these underage patrons are supplied alcohol by the over-21
patrons, skirting the wristbands altogether. Sheriff Mascara and Sheriff Paul May
of Okeechobee County feel this problem is growing and fueling dangerous drunk
driving incidents. Statistics show that alcohol plays a significant role in teenage
traffic fatalities, where in 2004 26% of 16-20 year-old drivers fatally injured had
blood alcohol levels of .08% or higher. Teens meet on websites such as
myspace. com and arrange to meet at establishments where they know the alcohol
flows freely and access is easy. We propose legislation that would prohibit
adrriittance of those under age 21 to any establishment that derives its primary
revenue from alcohol sales and does not sell prepared meals.
4. Limitation on frivolous inmate litigation - One of the major costs in operating a
jail is the cost of defending baseless and frivolous lawsuits by inmates, typically
in very high volume fueled by a small number of inmates who abuse the system.
Florida already has in place numerous tools to combat this problem, most
specifically Fla. Stat. § 57.085 which requires a judge to review an indigent
prisoner's pleading prior to proceeding. Unfortunately, the definition of
"prisoner" is, in our opinion, too narrowly drawn, defined as "a person who has
been convicted of a crime and is incarcerated for that crime or who is being held
in custody pending extradition or sentencing." We propose that the definition be
expanded to include pre-trial detainees, particularly considering the bulk of jail
inmates fall into this class.