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HomeMy WebLinkAboutCriminal Justice Workshop Minutes 05-12-2006BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CRIMINAL JUSTICE WORKSHOP Date: May 12, 2006 Convened: 9:00 a.m. Adjourned: 12:50 p.m. Commissioners Present: Doug Cowazd, Chairman, Chris Craft, Frannie Hutchinson, Joseph Smith, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Mark Godwin, Criminal Justice Coordinator, Millie Delgado-Feliciano, Deputy Clerk Constitutional Officers: Ed Fry, Clerk of Courts; Diamond Litty, Public Defender, Bruce Colton, State Attorney, Judge Yagucci, Judge Levin, Ken Mascara, Sheriff Opening remarks were made by Commissioner Joseph Smith, Chairman of the Public Safety Coordinating Council. Commissioner Smith thanked everyone for attending the worksession. Com. Smith advised those present of the prior meetings scheduled between the yeazs of 2000 and 2006 with the Board and the Sheriff to discuss vazious on-going issues. The increase to the Sheriff's Budget for FY 07 is 23.88% for a budget of $ 63,635,668.00. The Honorable Judge Levin gave an overview on the Drug Court that was implemented in the year 2000/2001. He advised the Boazd of the various programs and policies of Drug Court for 1St time offenders. Violations of Probation Drug Court hearings aze conducted within 3 to 4 days of the arrest. He stated the drug testing is one of the most expensive items at $30.00 per person and he is sure they will need future assistance with this cost. Presently there are 91 adult court participants and 30 juvenile. The Court also works in conjunction with a representative of the School Board on truancy issues. The program is a minimum of 1 year and a maximum of 2 yeazs. A discussion has been held regarding a program for 2"d and 3`d time offenders. Com. Hutchinson asked Judge Levin to discuss this issue with his team and return to the Board for consideration of expanding the program to addicts. Mr. Bob Quam, CEO New Horizons addressed the Board and provided statistics on the mentally ill inmates. He stated approximately 20% of the inmates in the jail have mental health issues. The length of stay for a mentally ill person in the jail is 5 times greater than normal population. Penetration rate is 64% nationally and a lazge percentage are substance abuse. The stigma is still present and the tolerance in the communities has reduced. As the tolerance level lowers more people aze placed in the jails than in state facilities. Many state facilities aze closing. The growth in the community will exasperate what is being discussed today. This area is very weak in providing adequate support services for the mentally ill and he felt the legislature should be pressed to increase appropriations for mental illness since they are (the states) is the major funding source . Major Tighe from the St. Lucie County Sheriff s office stated in the last 45 years approximately 250,000 mentally ill people have been put back on the streets. In 2003- 2004, 22% of the jail population had a mental illness and in 2006 25% have this type of a problem. There are many people who come into custody because they need certain care, i.e. cancer treatments, maternity, diabetes and Aids. Mr. Quam stated they need transitional beds, at this time they have only 5 beds available. The average inmate cost $60.00 per day, a mentally ill person cost 6 times more and at this time they have other funding sources to help with the additional costs. The Law Enforcement Emergency Services recommended increasing the mobile crisis response team for baker-acts and suggested establishing a crisis intervention team by training law enforcement officers at a 40 hour certification process. They also recommended the implementation of a Family Intervention Center. Post- Arrest, it was recommended the Sheriff's office and the mental health group coordinate discharging the individual to New Horizons immediately, however he stated they cannot bill for service and would need to identify a funding source. It was also recommended Post 1St Appearance the county support hiring a Case Manager effective July 1St at a cost of $65,000. Re-entry from jail to the community is not recommended at this time and it was recommended involvement with a faith based organization to start a program within the jail would assist. Support Services for the community were recommended: 1) contract with New Horizons for 10 beds, 2) work much closer with probation and parole departments as well as with misdemeanor and felonies on probation. Com. Coward asked how many beds could be available in the future. Mr. Quam stated there are 41 beds available at this time. Com. Coward asked how quickly the beds would be available. Mr. Quam stated they can be made available quickly, however, they do not have sufficient beds to accommodate those currently at the jail. Sheriff Mascara advised the Board that this does not mean they can take out 41 inmates out of the jail today due to the nature of their charges, but can divert future mental health inmates from going to the jail. Major Tighe advised the Board that approximately 39% of the jail population are charged with Violation of Probation. Ms. Lisa Fountain, Mental Health Court coordinator addressed the Board and stated they needed community resources to assist in their cases. Mr. Jason Berger, Court Coordinator, State Attorney's office also addressed the Board and advised them of the definition of a Baker-Act, it is a person to is a danger to himself or others. Mr. Berger reviewed the mental health court process and stated the court presently provides services not available in the county. The Coordinator for the Children and Family Services/Mental Health addressed the Board and stated the Case Manager was a very aspect of the program and they had funding until June and will be looking for funding afterwards. 2 Major Tighe stated there were costs associated with the different phases of the programs, however he believes there are grants available. He does not have the figures currently, but stated they would need space to house people and separate those in treatment from general population in order to keep a healthy environment, a work release type building. He also advised the Board that 26% of those coming out of jail are homeless. Dr. George Witley, Director Mental Health Board, Broward, Palm Beach and the Treasure Coast counties stated the homeless figures are as follows: St. Lucie County - 813 homeless, in addition, 722 there are families and individuals presently in FEMA trailers from St. Lucie County and other areas. Presently they have no place to re-locate them once their time in the trailers runs out. There may be more homeless because these counts are taken from those who wish to volunteer this information. Martin County has 759 homeless people, and Indian River County 741. 31 % of the homeless are under the age of 18. 12% are veterans, 24% are single with no children, 23% are single with children, 11% married without children, 14% married with children. 50% of the homeless have mental health issues. There are 240-250 homeless children attending schools. Ms. Sandy Sticco, Sentencing Alternatives, Inc., GPS program advised the Board that to date, they have picked up 68 offenders for the program and would be picking up 2 more today (3 months in operation) . At this point she felt they had saved the Sheriff's office 3200 jail days at $50.00 per day approximately per inmate. So far according to her calculations she estimates a cost savings in medical and days at $400,000. Ms. Sticco concurred the percentage of mental health inmates at the jail are in the area of 20%. She also stated her staff was under utilized at first appearances and advised the Board of an incident with one of our Judges at a first appearance when she was attempting to make a recommendation. The Honorable Judge Yachucci addressed the Board on this issue and stated there are certain considerations at first appearances. A 50 page record is something a Judge should take into consideration. He stated most of the Judges he spoke to about the program were in favor of the program provided they met certain considerations. Sheriff Mascara questioned the charges the person who absconded had and why was she sentenced to 30 years. Ms. Sticco stated they were working in conjunction with the State Attorney's office and she believes it was a bad check charge and other multiple charges, she is not sure since she originated from the Department of Corrections. Mr. Mitchell Hilburn, President, Bail Bondsman Association, addressed the Board and stated there are 91 agents registered to write bail. Com. Smith questioned how they were able to receive phone calls. Mr. Hillburn gave an overview of the procedure to apply for bail and stated normally they contact a family member or a close friend. Sometimes the problem is not being able to utilize the cell phones for a collect call. Most of the people arrested today carry cell phones and they are normally taken upon arriving to the booking area. Major Tighe addressed the procedure at the booking station where the person would be able to make their call. The are placed in a holding cell before booking and there are phones in the holding cells and they can make as many calls as they wish for free. 3 Com. Craft asked if he was correct in stating there were 50% of the inmates still waiting to be bonded out and are eligible. Major Tighe stated sometimes there are multiple charges and there could be one charge where there is no bond. Those arrested aze given a handbook and provided with numbers listed of several bondsman. They are not permitted to solicit business for the bondsman. The bondsmen are provided with a list daily of those persons arrested. Mr. Hillburn stated the bondsman cannot solicit at the jail, however, they can utilize the list of arrested people and contact their families about a bond. Mr. Hillburn stated those 50% still waiting to be bonded are not because they may not have anyone who would trust them for different reasons. Mr. Mark Godwin, Criminal Justice Coordinator, addressed the Notice to Appear Data. Mr. Godwin reviewed the Ft. Pierce Police Departments arrests for February 2006. He advised the Boazd in Ft. Pierce they are issuing notices to appear. Many of the notices to appear are due to retail thefts and open container charges. He stated the Assistant Police Chief advised him they would be issuing more notice to appears if more people would have available their proof of residency (address verification) and identification. The Criminal Rule of Procedure 3.125 was provided for the Board to review at their leisure. He alluded to letter (J) where it states, Rules and Regulations of procedure governing the exercise of authority to issue notice to appeaz shall be established by the Chief Judge of the Circuit. Mr. Godwin stated he would like to present information to the Chief Judge to see if he would like to impose an Administrative Order to regulate Notice to Appeaz. Mr. Godwin also provided the Sheriff's department notice to appeaz procedure for the Boazd's review. Major Tighe advised the Board many people do not qualify for notices to appear because many are illegal immigrants and the Sheriff s office cannot confirm an address and residency. He advised the Board of the procedure for notice to appear by the booking officer. Arresting Officers do not investigate they only have to verify. Once they get to the jail, they then have to do an investigation from the booking area. Assistant Chief Baldwin stated it is a requirement that an address can be verified otherwise they cannot issue a notice to appear. He addressed the report Mr. Godwin provided and stated the comparison for the month of April may not be fair because these arrests are mainly for open containers which is an enforcement of a city ordinance and this is something the Sheriff does not do and solicitation for prostitution which does not mainly occur outside the city and these are discretionary activities. These are things that can be turned on or off as priorities. A higher percentage of the Sheriff's arrests aze warrant arrests and they do not have discretion to issue a notice to appear on warrant arrests. He asked they be careful in making a comparison because they are situated differently than the Sheriff's office and the city of Port St. Lucie. Sheriff Mascara stated he was glad this was brought to the Board's attention and reminded them 4 years ago he was the conduit to give more notices to appear. He stated out of the 623 arrests made in March, 400 were probably warrant arrests where they do not have discretion and others may have been purge arrests. He stated even though they do not write a lot of notices to appear they aze not given the opportunity to. Sheriff Mascaza stated he does not wish to take away the discretion of the deputies in the street to put someone in jail especially if the person has been given prior warnings and he has instructed the deputy to advise the deputy at the booking office that he might be able to issue a notice to appear. This makes 3 opportunities for a notice to appear to be issued, one by the field deputy, the second by the booking deputy and the third by Sandy Sticco if they meet the criteria. 4 ~.. ..~~ ...s Com. Coward asked if the Sheriff would be willing to compile an analysis of more information so that they can do a comparison in a fair way with all entities. The Sheriff agreed and stated they must remember the Sheriff s office is given very little opportunity to give notices to appear. Mr. Godwin stated he would like to do a point in time study of the jail and have a more detailed report including the notices to appear and present it to the Board. A first appearance video was presented. Mr. Godwin advised the Board he and Com. Craft had reviewed Palm Beach County's adversarial first appearance concept. The Judges office and courtroom are located at the jail prior to first appearance all cases are screened for drug court, ROR and supervised pretrial release. He was informed by Judge Bollinger the duty Judge, that this was a beneficial process with all the proper information and resources available. Mr. Godwin stated they are trying to arrange a trip to Palm Beach per Com. Smith's request to review the process and discuss why this process would not work in St. Lucie County. Com. Smith stated he had a conversation with the Public Defender and she stated they do things well here in St. Lucie County and he agrees but would like to see how they can do it better and improve the system here in St. Lucie County. Ms. Diamond Litty, Public Defender stated she was shocked at the news they wished to take the trip to Palm Beach County. She advised the Board that Palm Beach County has been ranked as one of the most dangerous counties in the nation. She stated "we do it great in St. Lucie County" and she is proud to live here, " we do it right". Everyone works well together in the County. She advised the Board of the many things being done in the County before Dr. Kalmanoff s study. Ms. Litty stated it was not her job, nor the Sheriff's, the State Attorney or the Judges to relieve overcrowding at the jail. She stated, "no where in the statute does it say that they need to quickly move cases and let people back out in the street so that they don't have to staff or build jails". She believes we do not need to see how Palm Beach County does it when they are considered one of the most dangerous counties. Com. Craft stated he did not need to go to the jail to see that it is overcrowded. He has had information on the situation at the jail on a personal note and he knows the conditions. He is hearing on a daily basis from various areas that the Public Defenders do not go to the jail to see their clients. He felt the people are not given the proper opportunity to get out on a timely manner. He commended the Public Defender but felt there are opportunities to do more. Com. Craft stated the money is not the important thing it is the social impact. We have one of the highest lengths of stay in the state and can do better. Com. Smith stated we are trying to move this county forward and from one constitutional to another he asked they worked together and not cut people down. Ms. Litty stated there is not one program mentioned this morning that the Public Defender's office does not participate in. Com. Hutchinson stated going to Palm Beach was a suggestion and no date or arrangements have been made. She believes no one in the room placed blame on any one department. In order to move forward things cannot keep going in an adversarial way. She would like to know what is or has been accomplished and this is the intent of the meeting so that for the balance of the year they would know where they were heading. Ms. Litty stated we still had a jail that was overcrowded and overcapacity and that yes we do have great programs prior to Dr. Kalmanoff s study and no matter how hazd they have been working the problem of overcrowding still remains. Mr. Bruce Colton, State Attorney, addressed the First Appearance hearings on weekends. He stated there is not a whole lot for an Asst. State Attorney to do at first appearances, they are not going to plead out cases at first appearances and not enter into plea negotiations on felonies because they do not know enough about the case at this point. He stated there are only certain cases that can be disposed of at first appeazances. Com. Craft stated that when he was in Palm Beach there was a lot of information about a case presented to the State Attorney at the first appearance. There were 3 or 4 clerks constantly assisting, anytime they needed to know something it was at their fingertips and these are the types of things he would like for this county to look at. He stated the cases that can be moved are not the ones clogging the jail, it is not the misdemeanors, the felony cases are the ones holding up the system. He does not mind going to Palm Beach to look at their system, he just thinks we should not go with the expectations that we will adopt a lot of their ways. Com. Lewis stated due to the remazks made by the State Attorney it shows we need to do things together. She believes they never intended to cast blame on any one entity. She believes this county's concept was not to rush people through the system. In going to Palm Beach County it was to see if there was anything that could assist or a concept we could use. Mr. Godwin reviewed staffing issues within the Public Defender's office, the State Attorney's office and the Clerk of the Circuit Court offices. Mr. Ed Fry, Clerk of the Courts clarified the turnover of 19 employees was due to a vaziety of reasons and the 54 employees hired were throughout his entire organization. Mr. Godwin reviewed active programs and I.L.L.P recommendations for future implementation such as Case Managers should the Board pass this in the future. Com. Craft asked if there was a total figure spent on the criminal justice system including his position. Mr. Godwin stated he did not have the figures at this time, more information would be provided at the next meeting in June. Ms. Litty addressed the Board and reminded the Boazd there are horribly inhumane conditions existing at the jail today and she felt strongly that it was not fair what was going on at the jail. She stated 14 yeazs later after so many meetings, the jail is sti11400 people over capacity many with mental health problems, or sick or innocent or charged with minor crimes are still sitting in these conditions. She stated we cannot overlook what is happening at the jail. Com. Coward stated it was difficult to meet expectations when the figures keep changing, the figure of 1338 was the capacity stated if the investment was made and pod one was opened. Sheriff Mascara stated the original jail population worked on was 979. During the budget process of 2002 a discussion was held on the capacity of the new pod was to be sustained in the original jail campus and pod 1, at that time the capacity of pod one was changed from 280 to 2561osing 24 beds and a 10 degree factor was applied to the main jail and pod 1 because of the seriousness in pod 1 and the level of danger they pose, there was not a 10 degree factor in pod 1. The Boazd commissioned the Fire Marshall to do a study, the model came in 796 capacity at the main campus based on the Sheriff's model, the Fire Marshall's model came in at 560. Based on the Florida Model Jail Standazds it puts them at 796 capacity main campus, 256 pod 1 equals 1050 inmates and this is what they aze following. 6 ~~ ~. ~~ Com. Coward stated this was an artificial model standard probably not being used by other jails in the state. The Sheriff alluded to minutes page 13 where the County Administrator states if they go over by one they have to open pod 2 and this is what he is basing his request on. Com. Coward stated he was comfortable with that if the Sheriff would accept 1338 as the threshold. If it goes over the 1338 figure, we should identify those who can go to other locations such as the mentally ill, it does not have to be hire more staff it can be handled more cost effective. The Sheriff stated they are going by the figures of the Fire Marshall and if the Board wishes to go against the Fire Marshall stance on capacity, it has always been his opinion that pod 2 should be opened for the safety of the inmates and the safety of the officers and it does not matter what he said in the past. Com. Coward stated he cared. The Sheriff stated they needed to open pod 2 based on what was said if the population went over by one they would open pod 2. Com. Coward stated, this statement was made by the County Administrator and he, as the policy maker could decide on how to deal with it. Com. Coward asked the Sheriff to stick with what he said he could handle 1338 and let the Fire Marshall handle his own issue independently. The Sheriff stated the capacity the Fire Marshall placed on the main campus is 794 and 256 beds in pod 1. Based on the current inmate population they cannot safely house 1338, the population are more violent, more felons and are being housed longer. The Sheriff stated all the programs recommended by Dr. Kalamoff are great, however for the safety of his staff and his officers, he is requesting pod 2 be opened. He stated the Board has 5 best experts working on this issue and they are the constitutional officers who are working diligently to make this system work. Mr. Bruce Colton, State Attorney stated all the programs implemented and pending are good, however, he would say they are burying their head in the sand if they believe they do not need to open the jail in full. He disagrees with Dr. Kalmanoff s recommendation that we do not need more jail space. He urged the Board to plan in this year's budget to open the rest of the jail and to plan for the future and continue to look for solutions of the problem however, these solutions will not eliminate the overcrowding of the jail today. The County Attorney advised everyone that under the state law a procedure was set out that the BCC could adopt an ordinance designating who would be the Chief Correctional officer, at that time the Board designated the Sheriff as the Chief Correctional Officer for St. Lucie County. No public comments Com. Coward asked if the packet the Public Safety Coordinating Council presented had been reviewed and the issues were to be brought back to the Board. He is interested in the staff ratios and costs. His prime concern was the safety of the correctional officers at the jail facility. The County Administrator stated he would refine the numbers today and would make the number effective June 1. The meeting was adjourned. 7 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 OS 37 / 263 6 / November OS 61 / 131 8 December OS 73 / 162 5 / 553 Janua 06 83 / 314 8 / 472 Februa 06 48 / 177 6 / 12 March 06 59 / 198 5 / 623 A ri106 69 / 184 10 / 7 NTA's issues by FPPD: February 2006 Char a Number Consum tion of Alcohol on remises 1 False Name to LEO 1 Im ro er Dis la of Firearm 1 Lewd or Lascivious 1 Loiterin & Prowlin 1 O en Container 20 Possession of Mari'uana under 20 ams 4 Possession of Dru Para hernalia 8 Resistin Arrest With Out Violence 1 Retail Theft 2 Solicitin for Prostitution 5 Tres ass 3 Total ¢g 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 appeaz 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 appeazance at court proceedings. (j) Rules and Regulations. Rules and regulations of arocedure governing the exercise of authority to issue notices to aaaear shall be established by the chief fudge 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. 1~~ 11:34AM FAX TRA1vS~IYT'TA~. SL Lucie County Sheril~'e OtFice 4700 W. MidwAy Raad Fort Pierce, FL 34981 Phone (772) 462-7300 Faz (772) 462-336a RATE: February 13, 2006 FAXIf; 772-46~-144p PLEASE DELIVER ~'~TO: Mark Godwin Criminal. Jurtice Coordinator No. 2598 FR M: Debra wriehntive seci~tary Major F. Patrick Tighe Diroccar oi' D~~ntiou Di:td Phoned) (772}462-3396 Fax: (77Z) 452-336:1 Number of Papa: 4 (including cover sheet) Please find included with this fax the General Ordar oa Notioe Tc- Appears. If you have auy queekione, please £eel free fA oaa~ct Major Tighe. Tha~ilc you »y. Fib, 13~~ 11:35AM No. 259~~2 G.~.1.01 G. Have authority to raise the power of the county and eamriiand any person to assist them, when necessary, in the execution of the duties of their office; 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 Erne not exceeding SS00; H. Be ex officio timber agents for their counties; and I. Perform such duties as may bo imposed upon them by law. II. DISCRETION-NIISDEMEANOR OFFENSES: Persons arrested for misdemeanor charges will be issued a Natiee to Appear unless: 1. 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 ar summons; or 7. The accused fails to sign a Notice to Appear or surnmans, ar is unable to provide sufficient information, B. The decision regarding an arrest should be made after careful consideration of the following: 1. Whether the arrest would cause a greater risk of harm tv the public than not arresting the offender; Z. Whether the offense can best be dealt with through viformal warnings, i. a. warnings or talking with the parents of a juvenile offender; 3. The seriousness of the crime committed; and ~. Whether public empathy maybe enhanced by careful use of discretion, and potential ill-will can be avoided. RELEASE ON 3IGNATiJ1gE: If planning to release the defendant after securing a signature on the Notice to Appear, the investigating deputy shall obtain positive identification from the accused aad include the following information on the Notice to Appear: A. The defendant's name and correct address; • ,~ B. All witnesses' names and correct addresses; 2 ~f4 ~ .r,.~„ > >nns Feb. 13 'nn~ 11:35AM No. ~59R P 3 G.O.3S.OZ 3. Whenever practical deputies not in uniforx should display their badge and Z.D. card and announce that they are deputy sheriffs. . a ' 4. Deputies will use only the force necessary to compl~.~to an arrest or avcreon~e resistance. S. All prisoners will be handcuffed with their hands behind their back thumbs up hands back to back not palm to palm unless ~ medical condition makes tieing ~so impractical, or extaaiuating circumstances prevail, 6. Ail prisoners will be searched prior to being transported. • 7. All prisoners will be transported in the rear seat~of the Sheriff s Office vehicle The deputy will search the rear seat area before and after prisoner transport. $. The arresting deputy is reaponaible for ding an arrest affidavit az:d a written offense tepvrt for all probable cause arrests and an arrest affidavit for all warrant arr+osts. IY. S'[P.VIMONS XN LIEU OF ARREST; (NOTIC>g TO AI'I"EARa: A. A Notice to Appear can be written upon the discretion of the arresting deputy when all of the following conditions exists: 1. The arrest is for a first or second degree state misdemeanor. ~ or a county ordinance; and Z. The arrest is for anon-violent charge; and 3. The subject is a resident of St. Lucie County, H. Summons in Lieu of Arrest will not be used wl;en any of the following situations exists: 1. The accused fails to sufficiently identify himself or supply the required information. 2. The accused refuses to sign the Notice to Appear. 3. The deputy has reason to believe that the contin*.ef:d liberty of the accused eonstitute~s an unreasonable risk of bodily injury to himself o* others. 4. '! he a~°c~aaed has no ties with. ~a vvurtty reasor.,ably ~vfficiealt to assure his appearance. S. s he deputy feel$ that there is a substantial risk that tte accused will not show up for court date. 6. The deputy has any suspiaian that the accused is waz~.ted by another law enfoeut agency. 7. It appears that the accused has p*eviousiy failed to cbspan.d t~ a notice or pummoa~s or has violated the conditions of any pretrial release p*o~. 8. The accused appears to be intoxicated. 9. The accused possessed a weapon at the time of or during free alleged violation. 10. The accused is under eighteen years of age. Refs- 4~ section ~'. 3 of S Judy t, ZOfl3 F:b. 13. `.~,~1 ~:S~TICE" .. - !~."~98~-1- Q' 31j5 IN THE COUNTY COURT, IN AND FOR ST. LUCIE COUNTY, FLORIDA ^ S.Q. ^ F.H.P. ApENCY CAGE NUMBER TODAy~B DATE ^ P.D. ^ OTHER Irl the name of St. Lucie Caunty, Florida: The undersigned certifies that he has just and reasonable to believe, and does believe that: a-r of rnEElc On rt:AR I wurARY trwE aP CODE At (location) Yb St. Lucie County, Florida, committed the followinS oftetue(a): OFMRa[ eTATE eTATU1E I ORDINANCE 3 FaCte of the offense; THUMB PRINT Tvu muse appear In county Gourt at The St. Lucie County Courthouse located at Z18 S, 2nd Street, Fort Plel't;e, Florida on ^ AM ^ PM Molu~-I DAY ~ 20 _ TEAR ~ AT rwla I AGREE TO APPEAR AT THE TIME AND PLACE oESbNATED ABOVE TO ANSWER TO THE OFFENBE(6) CHARGED. I UNDERSTAND THAT SHOULD 11NILL- FULLY FAIL TO APPEAR BEFORE THE COURT, THAT 1 MAY BE HELD IN CONTEMPT OF COURT AND ThAT A WARRANT FOH MY ARAEt3T SHALL BE IS$UEp, SCHEDULE OF WITNES8E$ AND t:1/IDENCE a I Q N AT U R E o f D E F E N D A N T INVESTIGATING OFFICER'S SIQNATURE ID / OSN 6k,NATURE (LEO / A$A /NOTARY) whtt~ -CLERK Yellow-STATE ATTORNEY Plnk - L / E Aaf=NCY Goid -- DEFENDANT I swear the above end athctlod etatement(e) ere truo and correct to the beet 6wom to arri •ubecribed betoro me the undenipnad authorNy, thta of my knovMadpe and b.uef. I further certly dw forpolnp oonWttle the complete Ilet of wHnesrse and svldsras known to me. tiny of , 20 P.Aark Godwin ~ otice 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.