HomeMy WebLinkAboutSpecial Meeting Minutes 06-29-2004
BOARD OF COUNTY COMMISSIOERS
ST. LUCIE COUNTY, FLORIDA
SPECIAL MEETING
Date: June 29,2004 Convened: 4:00 p.m.
Tape: 1-2 Adjourned: 5:55 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie
Hutchinson, Cliff Barnes, Doug Coward
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Sheriff Mascara, State Attorney, Bruce
Colton, Mark Harley, Asst. Public Defender, Tom Willis, Court Administrator, Judge
Yacucci, Judge Levin, Judge Connor; Millie Delgado-Feliciano, Deputy Clerk
SR-1 GENERAL PUBLIC COMMENTS
Mr. Haltman, Consultant who had worked with I.L.P.P addressed the Board and advised
them of their excellent reputation and how the study would assist the county.
SR-2. ADMINISTRATION (1-044)
Proposal for Criminal Justice System Assessment- Consider staff recommendation that
the Board of County Commissioners declare a bid waiver and an emergency contract per
Purchasing Manual Section 5.5 with the Institute for Law and Policy Planning for a
criminal justice system assessment in the amount of $99,480, approve Budget
Amendment No. 04-158 and authorize the Chairman to sign the contract.
The County Attorney gave a general overview of the county’s purchasing guidelines.
Com. Bruhn asked how soon they would see results after the study is completed.
Mr. Haltman stated almost immediately. The de-population of the jail would more than
likely pay for the study. There will be recommendations which can be implemented
while the study is being performed.
Judge Yacucci addressed the Board and stated they do not have a position of the
proposed study. They wish to point out several concerns by the judiciary. He reiterated
that there is a point where the judiciary must maintain independence and cannot be told
how to handle criminal law. Their decisions are made based on a lot of experience.
They take very seriously those who are incarcerated and have tried to move anyone who
is waiting to appear as quickly as possible through the system.
Judge Connor, Circuit Court , advised the Board that as far as circuit court is concerned,
a Judge cannot do something on his own without a proper motion either by the State
Attorney or the Defense Attorney. The County is far behind as to the amount of Judges
needed for the amount of cases as well as the Public Defenders and State Attorney’s
needed. A right ratio of all three branches is needed to move the cases forward
according to the population growth. They feel they are doing all they can, however, if
someone can see something they are missing, then, they may consider the suggestions.
He stated he hopes the county will look at long range planning for this problem .
Com. Barnes commented on the expense of transferring 25 inmates to another county.
Judge Conner stated some inmates would rather take a chance on a jury trial as opposed
to accepting a plea and this keeps them in the facility longer. If something can be done to
tweek the system that would not jeopardize the position of the judiciary then they may be
amenable to it.
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Mr. Bruce Colton, State Attorney addressed the Board and questioned the “emergency”
status of this study. He stated the emergency as stated by the Sheriff is the overcrowding
of the jail . He stated the reports from Mr. Komenoff and the recommendations made by
the organization such getting people out of jail sooner by putting them on monitoring
programs and pre-trial programs and rather than spending $100,000 on such a study why
not look at the studies done in other areas and look at what we can do right away instead
of spending $100,000.
Mr. Colton stated that an electronic monitoring system would be one thing to put into
effect . He believes this can be done and it would help with the situation at the jail and
this can be changed without the county investing any money. What they need to do is to
recommend what can be done long range and this would not be an emergency.
Alachua County’s jail population is 962 as of May 10, 2004 and the higher part of the
population are felons and misdemeanors awaiting trial. St. Lucie is releasing a higher
percentage on pre-trial release than Alachua County. Alachua County has a higher
serious crime rate than St. Lucie County, however, this county has arrested 2,000 more
than they have which means, our law enforcement is doing their job and solving more
crimes.
Our county has less County Judges than Alachua County and our case numbers are much
higher.
Mr. Mark Harely, Chief Assistant Public Defender addressed the Board and stated Ms.
Litty, Public Defender does not support the expense of $100,000 to conduct the study and
felt the money could be utilized in obtaining another Public Defender or State Attorney to
expedite cases.
Judge Connor, asked the Board to keep in mind the judiciary has two factors to look at
and one is prior past behavior and the risk of the person not appearing in court when
deciding whether or not bail will be set.
Sheriff Mascara addressed Com. Barnes comments regarding the meeting the group had
attempting to identify anyone who may be released earlier than their sentenced time.
The State Attorney advised Com. Barnes and the Board that his office would not
recommend early release of anyone who is sentenced to jail time. If someone is sentenced
to 60 days, the State Attorney’s office will not request a release after 20 days. They
identified those who could plea and those were identified. Those with petty offenses
could possibly be placed on monitors. Some of those inmates in jail with non-violent
crime charges are not eligible for early release because they have been previously
charged with violent crimes and have a long rap sheet.
The Chairperson stated she understood the concerns of those present and reassured them
Board at no time was implying they were not doing their job. We have growth that is not
going to stop and we must find a way to deal with it and now is the time to deal with it.
Com. Bruhn stated he agreed with the State Attorney that there are things that can
possibly be done now to alleviate the over crowding and he is not ready to say there is an
emergency. The first line of reducing the time is the bondsmen and giving a realistic
bond may be the answer.
Sheriff Mascara addressed the e-mail sent to the Director of Hillsboro County Jail where
he asked him to answer a short list of questions.
His response was that I.L.PP did two studies in 1993 and 1994. The first was on inmate
population and the second was on the criminal justice system. The two most beneficial
recommendations were instituted involving the creation of a criminal justice specialist for
the county and a population specialist for the jail.
The Sheriff read the duties of each position . The response states that all the reports read
the same, only the county names are changed. Recommendations on how to provide
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alternatives to incarceration are overly optimistic. The study projects greater savings,
greater cost avoidance and greater population reduction than can possibly be achieved.
The study’s population projection for the Hillboro Jail was 1,200 beds below what is
being housed today.
The Chairperson stated the Board has many letters from people who have dealt with the
company and they praise their performance and some state they have saved millions over
a period of time.
Com. Hutchinson thanked everyone for being present today, i.e. Judges, State Attorney,
Public Defender, etc., and she respects the fact that they do not wish to cross the line,
however as a representative of the taxpayers she too has a responsibility and this is the
difference in the jobs. She also now has to look at not crossing the line.
It was moved by Com. Hutchinson, seconded by Com. Coward (for discussion) to move
forward with staff recommendation as well as approving budget amendment 04-158;
Com. Coward stated his question was if there had been a comprehensive study done to
bring all the entities involved together, and the answer was that a formal study had not
been done. He is surprised why there is apprehension for them to work together in a
collaborative fashion.
Com. Bruhn stated they need buy in from everyone and this is not being heard here today.
He suggested doing the bidding process and have all concerned in on it so they can buy
into the process. He asked the Board take the time and pick the best company to do the
study and have everyone work on it together.
Com. Coward stated he agreed and would like to get a clear answer as to why they need
to move forward with this study immediately.
Com. Barnes stated the biggest reason to him is for the very reason of reluctance to
participate. They do not want the study done and the idea is to send it to a committee
who will kill it and have it die on the vine and if this is what will happen if it is
postponed for a few months.
Com. Coward suggested going through a proper bidding procedure and get submittals
from another group and evaluate them then it is worthwhile.
Upon roll call, the vote was as follows: Nay’s Coward, Bruhn; Aye’s: Barnes, Lewis,
Hutchinson; motion to move forward carried by a vote of 3 to 2.
RA.1 ADMINISTRATION (2-317)
Transfer of inmates to Highlands County- Staff requested direction from the Board
on the transfer of 25 inmates to Highlands County.
Com. Barnes stated he would oppose this due to the fact that the committee did not
present any vacated beds to alleviate the overcrowding.
Com. Hutchinson stated she would oppose due to the discrepancies and was not given
appropriate information re: the cost and the names and release dates.
The County Administrator stated the Sheriff had started the new list before his call.
It was moved by Com. Lewis (gavel passed to Vice Chairman Bruhn), seconded by Com.
Coward to transfer 25 inmates to Highlands County; and, upon roll call, the vote was as
follows: Nay’s : Hutchinson, Barnes; Aye’s: Coward, Lewis, Bruhn; motion to move
inmates carried by a vote of 3 to 2.
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There being no further business to be brought before the Board, the meeting was
adjourned.
_____________________________
Chairman
____________________________
Clerk of Courts
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