Loading...
PSCC Agenda 12/08/2018 Collier County Public Safety Coordinating Council December 18, 2018 1:30 p.m. I. Introduction A. Call to Order – PSCC Chairman Commissioner Bill McDaniel II. Old Business A. Approval of meeting minutes from August 21, 2018 B. Collier County Probation Department - Statistical Performance Report - Jeff Nichols, Director, Collier County Probation Department C. Review of the Jail Occupancy Snapshot taken 12/11/18 and an Update on the Jail Master Plan - Chief Chris Roberts, Collier County Sheriff’s Office – Jail Administrator III. New Business A. Brief discussion about Adult Pre-Arrest Diversion to gauge member interest in an in-depth review and discussion at the March 2019 PSCC meeting- Kathy A. Smith, Public Defender, 20th Judicial Circuit IV. Member Comments V. Public Comments VI. Adjourn- Next meeting to be held March 2019, date TBA. 33.A.2 Packet Pg. 693 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) Twentieth Judicial Circuit of Florida Administrative Office of the Courts Collier County Probation Department Statistical Performance Report FISCAL YEAR 201 7 - 2018 33.A.2 Packet Pg. 694 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) FY- 201 7 -2018 Probation Department D ata Analysis Introduction Department’s Mission: The mission of the Collier Probation Department is to provide the highest quality services to the Court by effectively protecting the community by intervening in the lives of the offenders, holding them accountable and serving as a catalyst for positive change. Believing in the inherent dignity of all human beings, we respect one another, our correctional clients, others whom we serve and the public. We act in collaboration with the community and other justice partners. We provide services to the courts, give victims a voice in the justice system and help strengthen families. Core Business Functions: (1) Provide effective intake and orientation to new offenders placed on County Probation; (2) Monitoring, tracking and supervision of offenders placed on supervision; (3) Provide community safety by effectively and efficiently supervising probationers (offenders) in the community; (4) Monitoring, tracking and supervision of defendants placed on the Misdemeanor Deferred Prosecution Program; (5) Provide quality and timely information to the Judiciary in regards to offenders compliance, which includes but is not limited to violations of probation, petitions and other case-related correspondence. Goals: ▪ Enhance the application of daily case management practices by assessing current work processes and applying new and effective methods of supervision. ▪ Provide effective offender supervision, both in the office and the field while empowering offenders to make positive life choices. ▪ Increase field visits after business hours with the CCSO SET Team. ▪ Submit accurate and timely violation reports to the Court which include appropriate recommendations for fair and just sanctions. ▪ Compile statistical data yielding monthly and annual reports that demonstrate the value of these programs and the results achieved. 33.A.2 Packet Pg. 695 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) The following statistical information provides an accurate view of how the Collier County Probation Department operated during FY -2017 - 2018. Probation Caseload Statistical Information Charts I and II Chart I Probation Officers supervised an average of 796 offenders on County Probation every month and an average of 823 cases per month (164 cases per officer). Chart II The above pie chart represents seventy five percent (75%) of total cases were closed successfully and twenty five percent (25%) were closed unsuccessfully with outstanding conditions. Eight percent (8%) of those successful closed cases were terminated early. 0 100 200 300 400 500 600 700 800 900 People Cases Average Caseload per Officer 796 823 164 FY 2017 -2018 Monthly Average People & Cases 75% 25% FY 2017 -2018 COMPLETED Vs. INCOMPLETED PROBATION CASES PERCENTAGE COMPARISON Complete Cases Incomplete cases 33.A.2 Packet Pg. 696 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) Total Number of Probation Violations Charts I II & I V Chart III During FY 2017-2018, Collier County Probation Officers submitted 907 VOP affidavits. These affidavits consisted of 257 for technical reasons; 216 VOP warrants for new law violations; 223 for drug use; 143 for not completing required treatment programs and 68 for not complying with monetary obligations and/or conditions. Chart IV Above pie chart IV illustrates a percentage breakdown of probation violations. 0 100 200 300 400 500 600 700 800 900 1000 907 257 216 223 143 68 FY 2017 -2018 Total Vops Technical 26% New Law Violation-Arrest 22% Drug Use 23% Failed to Complete Treatment 15% Financial 14% FY 2017-2018 VOPs Classification Percentages 33.A.2 Packet Pg. 697 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) Misdemeanor Diversion Program Caseload Statistical Data Chart s V &VI Char t V During FY 2017 -201 8, a monthly average of 227 people were i n the D iversion P rogram. A total of 703 diversion cases were closed successfully and a total of 205 diversion cases were closed unsuccessfully. Chart VI The above pie chart represents seventy seven percent (77%) of diversion cases were closed successfully and twenty three percent (23%) were closed unsuccessfully. Monthly Average People on Diversion Completed Incomplete 227 703 205 FY 2017-2018 DIVERSION PROGRAM 77% 23% DIVERSION PROGRAM COMPLETED Vs. INCOMPLETE Completed Incomplete 33.A.2 Packet Pg. 698 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) Field Visits Statistical Data Chart VII Collier County Probation Officers conducted 563 field visits: 337 of these visits were conducted with the Collier County Sheriff’s Office. This proactive approach by the Collier County Probation Department has produced 34 warrantless arrests for violations of probation during field visits. In conclusion, every fiscal year, as part of delivering quality services to the Judiciary and the Collier County community, the Probation Department Staff strives to provide ever-improving customer service and case management. This is accomplished through proactive and effective supervision of offenders in the office and in the community. Throughout many years, the County Probation Department has maintained a strong relationship with the Clerk of Court, Public Defender, Sheriff’s Department and State’s Attorney. We very much appreciate their teamwork and collaboration as well as ongoing support from the Board of County Commissioners. 0 100 200 300 400 500 600 Total Number of Field Visits Field Visits with the CCSO Total Number of VOP Arrests due to Field Visits/ Warrantless 563 337 34 FY 2017-2018 Field Visits 33.A.2 Packet Pg. 699 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 1 Pre-Arrest Diversion Programs: The Future of Policing By Sheriff Bob Gualtieri Pinellas County Sheriff’s Office, Florida People make mistakes. They do stupid things. Sometimes they make bad choices because they are down on their luck and don’t feel they have another option. But it is important to realize there is a big difference between bad people who do bad things that hurt people and good people who make an error in judgment because they are young and immature or just find themselves in a bad spot. Here in Pinellas County, Florida, time and again we see people making these mistakes, getting convicted, serving time or paying large fines and ultimately, leaving themselves with criminal records that will often haunt them for much or all of their lives. Given how information today is so readily available, that statement really is true. There are even websites now where anyone can locate a person’s mugshot for what in some cases is really just a petty offense. After a lot of talking and planning, we have decided that in our county, just because people do something wrong doesn’t mean they all should be saddled with an undue weight for the remainder of their days. In October, we started an Adult Pre-Arrest Diversion program aimed at preventing these sorts of errors from keeping people from getting a job or stable housing. 33.A.2 Packet Pg. 700 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 2 The most important aspect of our program is it provides law enforcement an alternative option to having to make arrests. Instead, as long as a person meets certain criteria, they can avoid a police record, stay out of the criminal justice system, and modify future behavior, all the while lessening the number of people filling our jails and prisons. The criteria that must be met are critically important. The person must take responsibility for their actions, agree to make restitutions to any applicable victims, and not present a risk to others. Additionally, to be eligible, the person must not have a prior misdemeanor conviction in the past two years or a prior felony conviction in the previous five years. A person also is not eligible if they have gone through the diversion program within the previous three months and can only go through it a total of three times. We looked closely at our misdemeanor laws and narrowed them down to the following offenses eligible for the program: • Marijuana possession of 10 grams or less • Possession of marijuana paraphernalia • Possession of alcohol under the age of 21 • Petit theft or retail theft of $300 or under • Misdemeanor criminal mischief • Misdemeanor assault (unless it is domestic-related) • Misdemeanor battery with no or very minor injuries (unless it is domestic-related) People who are diverted into this program must report within 48 hours, where they will be screened by staff, placed in a program (for such things as anger management or substance abuse), and be required to do community service. Anyone who fails to comply with the program will be ineligible to participate in it in the future. The program, which is being funded through our sheriff’s office budget, is expected to cost $360,000 annually. None of the incorporated cities will be billed. I want to make it clear that this is not a step toward legalizing marijuana for recreational use. Our laws remain very firm on that subject. It is instead an effort to treat crime equitably while still giving the people who deserve it another chance. A key part of this diversion program has been the unified effort being undertaken throughout our county. One of the main reasons I believed that this diversion program was necessary 33.A.2 Packet Pg. 701 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 3 stemmed from the fact that city councils around the state of Florida were taking steps to pass ordinances that took what was a crime under state law and made it a state citation. Once it started being discussed in some of the communities in our county, I realized we needed a uniformed strategy to tackle this because it is unfair to have a person arrested for a crime simply because of where it took place when someone committing the same offense just a few miles away received only a citation. With this program, you get from A-to-Z without going through the extensive and time consuming process that is the criminal justice system. The broader point is we need to deal differently with recidivists and criminals who don’t get it vs. what we do with people who are young and just made a bad decision to do an isolated thing that is bad. There is a difference. This is an important step towards tackling the discrepancy. Bob Gualtieri has been the Pinellas County Sheriff since November 2011. Sheriff Gualtieri began his career with the Sheriff’s Office over 30 years ago and has served in many different capacities. He began his law enforcement career in 1982 when he joined the Pinellas County Sheriff’s Office as a detention deputy working in the County Jail. He then worked for the Dunedin Police Department before returning to the Sheriff’s Office in 2006. Sheriff Gualtieri earned a Bachelor’s degree with high honors from Eckerd College. In 1998, he left the Sheriff’s Office to attend Stetson University College of Law, from which he graduated cum laude. After graduating from law school, Sheriff Gualtieri entered private law practice with a firm in Tampa where he represented employers in labor and employment law litigation. 33.A.2 Packet Pg. 702 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 901.41. Prearrest diversion programs, FL ST § 901.41 © 2018 Thomson Reuters. No claim to original U.S. Government Works.1 West's Florida Statutes Annotated Title XLVII. Criminal Procedure and Corrections (Chapters 900-999) (Refs & Annos) Chapter 901. Arrests (Refs & Annos) West's F.S.A. § 901.41 901.41. Prearrest diversion programs Effective: July 1, 2018 Currentness (1) Legislative intent.--The Legislature encourages local communities and public or private educational institutions to implement prearrest diversion programs that afford certain adults who fulfill specified intervention and community service obligations the opportunity to avoid an arrest record. The Legislature does not mandate that a particular prearrest diversion program for adults be adopted, but finds that the adoption of the model program provided in this section would allow certain adults to avoid an arrest record while ensuring that they receive appropriate services and fulfill their community service obligations. If a prearrest diversion program is implemented, the program is encouraged to share information with other prearrest diversion programs. (2) Model prearrest diversion program.--Local communities and public or private educational institutions may adopt a prearrest diversion program in which: (a) Law enforcement officers, at their sole discretion, may issue a civil citation or similar prearrest diversion program notice to certain adults who commit a qualifying misdemeanor offense, as determined by the representatives that develop the program under subsection (3). A civil citation or similar prearrest diversion program notice may be issued if the adult who commits the offense: 1. Admits that he or she committed the offense or does not contest the offense; and 2. Has not previously been arrested and has not received an adult civil citation or similar prearrest diversion program notice, unless the terms of the local adult prearrest diversion program allow otherwise. The local adult prearrest diversion program shall establish a limit on the number of times an eligible adult may participate in the program. (b) An adult who receives a civil citation or similar prearrest diversion program notice shall report for intake as required by the local prearrest diversion program and must be provided appropriate assessment, intervention, education, and behavioral health care services by the program. While in the local prearrest diversion program, the adult shall perform community service hours as specified by the program. The adult shall pay restitution due to the victim as a program requirement. If the adult does not successfully complete the prearrest diversion program, the law enforcement officer must determine if there is good cause to arrest the adult for the original misdemeanor offense and, if so, refer the case to the state attorney to determine whether prosecution is appropriate or, in the absence of a finding of good cause, allow the adult to continue in the program. (3) Program development; implementation; operation.-- 33.A.2 Packet Pg. 703 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 901.41. Prearrest diversion programs, FL ST § 901.41 © 2018 Thomson Reuters. No claim to original U.S. Government Works.2 (a) Representatives of participating law enforcement agencies, a representative of the program services provider, the public defender, the state attorney, and the clerk of the circuit court shall create the prearrest diversion program and develop its policies and procedures, including, but not limited to, eligibility criteria, program implementation and operation, and the determination of the fee, if any, to be paid by adults participating in the program. In developing the program's policies and procedures, which must include the designation of the misdemeanor offenses that qualify adults for participation in the program, the representatives must solicit input from other interested stakeholders. The program may be operated by an entity such as a law enforcement agency or a county or municipality, or other entity selected by the county or municipality. (b) Upon intake of an adult participating in the prearrest diversion program, the program operator shall electronically provide the participant's personal identifying information to the clerk of the circuit court for the county in which the program provides services. Such information is not a court record, and the clerk of the circuit court shall maintain the confidentiality of the participant's personal identifying information as provided in subsection (5).1 The clerk of the circuit court shall maintain such information in a statewide database, which must provide a single point of access for all such statewide information. If the program imposes a participation fee, the clerk of the circuit court must receive a reasonable portion, to be determined by the stakeholders creating the program, for receipt and maintenance of the required information. The fee shall be deposited by the clerk of the circuit court into the fine and forfeiture fund established under s. 142.01. (4) Applicability.--This section does not preempt a county or municipality from enacting noncriminal sanctions for a violation of an ordinance or other violation, and it does not preempt a county, a municipality, or a public or private educational institution from creating its own model for a prearrest diversion program for adults. (5) Eligibility.--A violent misdemeanor, a misdemeanor crime of domestic violence, as defined in s. 741.28, or a misdemeanor under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or s. 784.049 does not qualify for a civil citation or prearrest diversion program. Credits Added by Laws 2018, c. 2018-127, § 3, eff. July 1, 2018. Footnotes 1 Reviser’s Note--2018: Subsection (5) references eligibility for the program, not confidential information. Senate Bill 1394 and House Bill 1199, 2018 Regular Session, provided for amendment of s. 901.41 to add an exemption from public records requirements for the personal identifying information of program participants, but neither bill passed. West's F. S. A. § 901.41, FL ST § 901.41 Current through the 2018 Second Regular Session of the 25th Legislature. End of Document © 2018 Thomson Reuters. No claim to original U.S. Government Works. 33.A.2 Packet Pg. 704 Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 33.A.2Packet Pg. 705Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 33.A.2Packet Pg. 706Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018) 33.A.2Packet Pg. 707Attachment: Agenda Public Safety Coordinating Council (7638 : Public Safety Coordinating Council- December 18, 2018)