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HomeMy WebLinkAboutMinutes 05-28-2009 PUBLIC SAFETY COORDINATING COUNCIL Minutes of Meeting May 28, 2009 Convened: Adjourned: 3:35 p.m.4:13 p.m. CALL TO ORDER Commissioner Craft 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: Janet Collins, SLC Bail Bond Association Commissioner Chris Craft Thomas Mark, Department of Corrections Ken Mascara, Sheriff of SLC th Judge Roby, 19 Circuit Major Pat Tighe represented by Tom Genung th Judge Philip J. Yacucci, 19 Circuit represented by Garry Wilson Members Absent: John Romano, New Horizons of the Treasure Coast Major Pat Tighe, SLC Sheriff’s Office Suzanne Caudell, CORE Program Bruce Colton, State Attorney Diamond Litty, Public Defender th Judge Philip J. Yacucci, 19 Circuit Others Present: Mark Godwin, SLC Criminal Justice Coordinator Tom Genung, Court Administrator Thomas Mark, Department of Corrections Joe Smith, Clerk of the Courts Ethel Rowland, Taxpayer Gary Wilson, SLC Sheriff’s Office Janet Collins, SLC Bail Bonds Association Broderick Underwood, SLC Analyst Trevor Morganti, SLC Sheriff’s Office APPROVAL OF MINUTES: The minutes from the April 30, 2009 are pending approval. Public Safety Coordinating Council May 28, 2009 Page 2 UPDATE by CRIMINAL JUSTICE COORDINATOR-MARK GODWIN: Mark Godwin addressed the board stating that it has been a very busy month and everyone has gone through issues with the budget. Law enforcement entities have been informed of the burn grant which is quite significant from previous years. This went before the board and the board did approve that the county would be the entity to have the funds funnel through to law enforcement as they have every year. Mr. Godwin stated that the previous year funds were in the amount of $65,000.00 this year the amount has increased to $868,000. There are some additional reporting requirements as a result of this stimulus money. Mr. Godwin thanked Mr. Underwood for providing us with the data sheets showing statistical information on our jail population. On one side you will see prior year figures and on the other the current year. As you see the average daily population has declined significantly. However the average length of stay for felons has increased over one hundred days as opposed to last year which was eighty-five. Mr. Godwin said that this is somewhat baffling, but it does show the need for more judicial time to deal with the cases. These long term cases that we were discussing at our previous meeting are the ones that are backing up the system. Unfortunately we then see an increase in the length of stay. Chief Garry Wilson stated that a lot of the felony increase has to do with the number of violent felons that we are holding right now as a result of activity between the Sheriff’s Department, Fort Pierce Police Department and The City of Port St. Lucie Police Department and their lengths of stay are longer because it usually takes about three years to get them to trial. Chief Wilson said that we have a lot of very bad people in custody right now and I think that will account for a lot of the difference. Mr. Tom Genung stated that one of the things that impacts a lengthy stay is that legislature increases penalties on crimes and so as lesser crimes become greater crimes and these people are arrested for the greater crimes, they are not going to be as prone to plea to the greater penalties. Judge Roby said especially when they change the minimum mandatory. What use to be a third degree misdemeanor is now a first degree felony or third degree felony and it really impacts our ability. There are then collateral issues that they are facing, such as longer jail or prison time. The inmates have nothing better to do than just go to trial a plea deal isn’t going to do them any good. Commissioner Craft asked Broderick and Mark if there is a way to separate the violent from the non-violent offenders based on how they are charged. Commissioner Craft stated that it would be interesting to see that information. Sheriff Mascara explained that the daily jail population sheets are broken down by felonies and misdemeanors. The ratio has increased considerably since we have diverted a lot of the less violent inmates out of the jail. It now runs anywhere from 79%-81% felons to 19%-21% misdemeanors. Mark Godwin asked Mr. Underwood if there are any further data discussions that he would like to bring up. Mr. Godwin said that he has so many data bases and programs that he is working on. Mr. Underwood replied, “Not at this time.” Mr. Godwin mentioned that the on- going court calendaring system is working well. We are planning on having a meeting in the next few weeks with judges, judicial system and court security so that we can make sure everyone is on the same page. Mr. Godwin stated that Ms. Savage with the pre-trial release program is not in attendance today. Mr. Godwin explained that a cap had to be placed on the number of individuals that we could accept on the GPS System, having only approximately eighty individuals on GPS takes up so much time. As you all know, when someone is on GPS they have to be monitored 24-7 and if an alert goes off, we have to respond with staff that is on call. In addition to that we are 75-80 on straight GPS plus an additional number of individuals who are on pre-trial. There are also those misdemeanor individuals who are being sentenced to the program in lieu of the county jail site. During the course of the past few months, certain offenders are being ordered by the judges to pay for those GPS services. We have collected approximately $5000.00 in funds to help offset the cost of this program. Mr. Godwin said that we are looking into a new type of system for the judges. This is an electronic monitoring device for individuals on house arrest that alerts if the individual steps within 300 feet outside of their home and they can then be taken into custody. The cost to the individual is $3.00 per day as opposed to $8.00. The house arrest monitoring system is linked to cell phone technology. Judge Roby said that the cell phone companies have told the state that during hurricanes they bring in extra mobile units. Mr. Godwin also reported to the jail that inmates on GPS can recharge their unit twice a day at the jail. Janet Collins asked how many people are on pre trial status at this time. Mr. Godwin explained that it is a condition of probation and he will try to get the numbers. Mr. Godwin announced that since we have been operating, there have been no failures to appear on any of the cases that we have had. This is a huge success rate. Ms. Collins inquired as to how many people have failed to complete the program. Mr. Godwin said that the pre-trial program has to provide a weekly report to the Clerk’s Office that contains that information and he will certainly take a look at that. Mr. Godwin said that when an individual is not complying with a court order and has to return to jail, he sees that as the individual committing a crime while on the program and not as a failure of the system. Judge Roby asked what is needed to get the basic GPS. Judge Roby asked if we need more staff or facilities to accomplish this. Mr. Godwin stated that he would like to see more individuals on a regular pre-trial reporting program, report in on a regular basis. Judge Roby added, perhaps with monitoring bracelets. Mr. Godwin said that maybe not so much with 24-7 lock down. He stated that the Dept. of Corrections has approximately 40 individuals circuit wide around the GPS program, where we have 80 in St. Lucie County. The program is a huge use of man hours. If we could get more individuals put on the pre-trial release program while pending their cases. Commissioner Craft asked if there was any type of monitoring system for this at this time. Mr. Godwin answered no but they do check in on a regular basis and receive drug testing. Judge Roby stated that the judges are acclimated and excited about the GPS System. Mr. Godwin said that this is why we are looking at the new technology of the GPS with the 300 foot radius. The technology is less expensive and provides the same coverage. Commissioner Craft asked Mr. Godwin how many companies offer various types of electronic monitoring. Mr. Godwin said that there are a number of them, at least two dozen. Commissioner Craft suggested that an RFP could be sent out just to get some proposals in. At that time we can choose several companies to give presentations to the board. Perhaps there is a cheaper way of moving forward. Judge Roby informed the board the he and several other judges are planning to attend the technology convention in Denver that happens every two years. Judge Roby stated that we have to keep our heads above water by implementing more technology. Judge Roby said that this is probably a worthwhile convention for Commissioner Craft to attend as well. Judge Roby said that the last convention he attended in Seattle had a number of vendors pertaining to monitoring and GPS tracking. Commissioner Craft asked that Mark Godwin get the information on it, along with a request for out of state travel and bring it to the board. Mr. Godwin stated that Stop, Inc. has been great and they are the company that actually developed this data base that GPS currently has. Mr. Mark Godwin introduced Henry Jones to the board. Henry is the new manager of our St. Lucie County Drug Testing Lab. Henry comes to us with a wealth of background as a former law enforcement officer, Fish & Wildlife as well as working with the State Department of Health in Tallahassee. Mr. Godwin also mentioned that we are now doing DNA collection for the courts for the Dept. of Revenue which is an additional revenue strain that we are bringing in. Mr. Godwin stated that he would like to close with the fact that things are very positive and it is good to see everyone working together with such programs as the Mental Health Court, Drug Court and possibly putting together a Family Drug Court. Commissioner Craft asked Sheriff Ken Mascara if there is anything new to report at the jail. Sheriff Mascara said that there was a concerned mother who contacted him regarding a urinalysis performed at the court house. We were the arresting agency on her seventeen year old son on a drug charge, he was diverted to drug court and they ordered a urinalysis and then someone at the urinalysis testing ordered him to come back the next day. Sheriff Mascara asked if this is a common practice. Henry Jones responded by answering no, absolutely not. Sheriff Mascara said that he thinks the young man was mistaken in this instance. In regards to the average daily population it is running 140-150 from last year. Sheriff Mascara said that it has always been his opinion that our county population runs parallel to our jail population. Sheriff explained that he just received the UF Survey that says we gained 5000 residence last year. I’m not sure what happened to this residence since there are so many vacant homes. It is my opinion that our county has seen a reduction in population last year which is being reflected in our jail population. Sheriff Mascara said that last but not least we are being challenged in our medical unit. I was there this morning and they were ten inmates deep. Sheriff Mascara thanked Commissioner Craft who floored his concerns about the parking downtown for our employees to Faye Outlaw who responded graciously giving us fifty-five parking spaces downtown for court house staff. This still has to go before the board who we hope will support it. JUDICIAL UPDATE: Judge Roby reported that due to legislative budget cuts, the Judges pay has been cut by 2%. Criminal cases are up significantly throughout the circuit. I think some of the state averages are because we just can’t get to some of the cases as fast as we would like to, we just do not have the man power. That is something to be taken up with our legislatures. There haven’t been any new judges in the past three years and I don’t see any new judges this coming year. The population has gone up, as well as the case load and we just aren’t seeing any relief. Judge Roby said that we are losing our case managers, our assistants and have had to lay off people in the past. I think we had a 16%-17% budget reduction the last two or three years. Judge Roby stated that they are doing the very best they can with the limited resources. I believe that the program in St. Lucie County is a good role model for the circuit. Judge Roby st reported that he will be stepping down as Chief Judge on July 1. I am excited to let you know that I will be working in St. Lucie County assisting in the criminal dockets, bond reduction hearings, change of pleas and VOP hearings. We are a bit challenged in our lack of court room space. We are using court room B which has access to the jail/holding facilities. There are some challenges with that but we hope to move things along. This is a six month trial period that Judge Levin wants to try out and we will see what kind of results we have. Judge Roby stated that we need five full time felony judges in St. Lucie County. In fact, I asked the Supreme Court for that and they certified it. But then we have Legislature. The problem is that we don’t have anywhere to put five additional judges and won’t have the offices until next year. Commissioner Craft thanked Judge Roby for his services and attendance each month. Judge Roby thanked the Chair and stated that he looks forward to working with us in the future. Chief Garry Wilson said that it should be noted that we are looking forward to having Judge back on the bench in St. Lucie County. The stimulus grants that we have are for staffing and hopefully we will get approved to have additional court security personnel. Sheriff Ken Mascara stated that he wanted to expand upon what the Chief had said by informing the board that the American Bar Association reports that assaults on Judges are up significantly. They referenced some cases that were very disturbing. Ironically, just yesterday there was an incident outside the Indian River County Courthouse where someone committed suicide in the parking garage. Sheriff Mascara said that this shows the level of violence that can occur. We would like to assure you, Judge, and all court staff that your safety is our paramount goal. Sheriff Mascara addressed Judge Roby regarding a challenge that the Sheriff’s Dept. is having with the Judges going so fast with the sentencing that we are missing some of the sentencing. Case in point, Judge Shack ordered someone to our jail and he put a restriction of no phone calls which was missed. After the Judge found out that this inmate was making phone calls, he ordered me down to the courthouse and wanted to know why. It seems that it was just missed in the order and it was missed when it was recorded. Sheriff asked if there is any way that the Judges can just slow down during the sentencing or ordering phase so that the clerks can copy it down correctly so that the information can get to us correctly and we follow everyone’s orders. Judge Roby explained that this is a kind of catch 22. He said that he will pass the information on, but the judges are all individually elected public servants. We can do a ten minute plea, a five minute plea or a three minute plea. When you have a three minute plea the chances of it being thrown out increase dramatically as compared to a ten minute plea. I can do six pleas in an hour or I can do twenty pleas in an hour. The chances of retrying the case or them coming back and spending more time in jail go up significantly. We can do a sentencing in thirty seconds or we can do one in five minutes. The chances of screwing up a sentencing are a lot less than screwing up a plea. Judge Roby said that he will pass the information along and ask that they articulate things better. Mr. Tom Genung added that the State Core System received 18.5 million dollars to enhance drug cores throughout the state. St. Lucie and Martin Counties were on the list based upon the volume of people sentenced to prison for drug related offenses. The State Attorney received 1.5 million statewide and the PD’s received $750 thousand statewide to assist with enhancements. Judge Roby stated when we do these things it increases the number of court events. It isn’t the number of people in custody, it’s the number of court events. The more we are able to decrease court events, the more we can handle. New Business: Commissioner Craft advised the board that a Supreme Court ruling passed today that states a Public Defender and States Attorney must be present at every first appearance. Commissioner Craft asked if there is any further new business. Mr. Godwin introduced Mr. Dan Rodgers with Juvenile Justice. It appears that Juvenile Justice has been cut from our state money by approximately 200,000. Mr. Rodgers stated that there is 1.5 million dollar allocation for Road Capacity Juvenile Assessment Centers. This is half of the amount that was appropriated last year. These funds were directed to four specific locations, Leon County, Marion County, Polk County and Pasco County. This pretty much leaves us out of the loop in terms of funding. Out of the ten small capacity juvenile assessment centers, we are number one in the state for utilization, yet we have no funding. We are looking internally to see if we can find any funding. In the absence of funding I will create an attention screening unit out of the staff that I have in the circuit which will significantly reduce supervision services for kids that are out in the community. We will somehow keep the Juvenile Assessment Center open for the booking that takes place there. Mr. Rodgers explained that he isn’t sure if he will be able to staff the location 24 hours a day, seven days a week. But he will certainly do his best to replicate what we have been doing the last several years. Mr. Rodgers told the board that he just signed a letter to Representative Snider for funding the JAC Center. Commissioner Craft stated that he had received an email from him this morning through Sean Boyle at the Children’s Services Council. He is having his staff assistant make arrangements for a conference call with Secretary Peterman to ask the Secretary to look internally for some funding. Mr. Godwin said that unfortunately what happens at the JAC Center funnels through to the Jail. Ms. Ethel Rowland asked if it is possible for the PSCC to recommend that the County support Senator Webb’s Bill for the National Criminal Justice Commission SB 714. The purpose of the bill is to appoint a blue ribbon commission for eighteen months to do an in depth evaluation of the entire criminal justice system and present suggestions for resolving issues. Commissioner Craft asked that Mr. Mark Godwin research this and make a recommendation at next month meeting. ADJOURNMENT: Commissioner Craft adjourned the meeting at 4:13 p.m. Submitted by, Virginia L. Claus THE NEXT MEETING WILL BE HELD JUNE 26, 2009