Possessing misdemeanor amounts of marijuana in Miami-Dade County could bring a $100 fine instead of a criminal charge under a new proposal backed by police brass.
County Commissioner Sally Heyman is sponsoring the plan, part of a larger change to how the county classifies offenses that tend to ensnare low-income residents, like theft of shopping carts and loitering.
An article by Greg Frost -2013
DIRECTOR of ADMINISTRATIVE SERVICES BUREAU
TALLAHASSEE POLICE DEPARTMENT
“…the cost to the criminal justice system to arrest and prosecute one offender charged with theft is almost $3,000." - 2010 U.S. National Institute of Health
It is one o’clock in the morning as you drive down a quiet street in Tallahassee. Suddenly, in your rear view mirror, you see the red and blue lights of a TPD patrol car. You immediately pull over and the officer informs you that your car has a headlight out and asks for your driver’s license and vehicle registration. When you open the glove box a marijuana pipe is clearly visible to the officer. The next thing you know you are handcuffed and being charged with possession of drug paraphernalia. As a graduating college senior bound for law school you know your entire future just crashed and burned…or did it?
The easy answer for our cooperative, first-time offender would be a misdemeanor criminal charge and a Notice to Appear. And under this circumstance his future would in fact crash and burn. However, TPD recently started a new pilot program that dramatically changes the scenario. Instead of being arrested and criminally charged, the offender could receive an adult civil citation and the arrest would never appear on his record. So, how does that work?
“The Adult Civil Citation program…is a new way for law enforcement officers to handle minor offenses in a way that benefits the entire criminal justice system, public safety, and the offender.”
Before answering the question, some initial explanation is required. The Adult Civil Citation program does not provide a way for cooperative, first-time misdemeanor offenders to avoid the consequences of their behavior, nor does it ignore that justice is required for victims. What the program does provide, under the right circumstances, is a new way for law enforcement officers to handle minor offenses in a way that benefits the entire criminal justice system, public safety, and the offender.
A local human services provider, DISC Village, approached criminal justice leaders in the Second Judicial Circuit offering to establish a program for adults modeled after the very successful Juvenile Civil Citation program. DISC Village has operated the Juvenile Assessment Center and Juvenile Civil Citation program in Leon County for over 15 years. Their proposal was a pilot project to determine if early, non-criminal justice intervention would reduce recidivism rates for first-time, misdemeanor offenders. A significant twist was the proposal did not require government funding. All costs associated with the proposed services would be paid for by offenders. Agreement to establish the pilot program involved the Second Judicial Circuit’s Chief Judge, Court Administrator’s Office, State Attorney’s Office, Public Defender’s Office, Tallahassee Police Department (TPD) and the Leon County Sheriff’s Office (LCSO). Community endorsement was also received through the Tallahassee City Commission, Leon County Board of County Commissioners and the local chapter of the NAACP. Once all agreements were in place, representatives from TPD and LCSO met to develop eligibility criteria.
Officers now have the discretion to issue a civil citation in lieu of an arrest under the following circumstances:
Individuals who receive a civil citation report to one of DISC Villages’ program intake offices where they meet with their assigned case manager to develop an individualized intervention plan. The plan is a mixture of community service hours (up to 50 hours), counseling sessions, as well as intervention services, e.g., substance abuse education, anger management, petite theft/shop-lifting, and life/job skills training. These intervention services mean the offender is more likely to receive the help they need to lessen the chance that they will commit another criminal act. Also, the costs for these services are borne by the offender and will typically be comparable to the court fees and fines they would pay if criminally charged. Financial options are available and low-income individuals may be eligible for a fee waiver.
One of the expected outcomes of the pilot program is reduced recidivism for those who successfully complete the civil citation sanctions and intervention services. However, any actual change in recidivism rates will have to be determined over time. Because this is a “first-in-the-nation” program, it includes an extensive independent evaluation to determine the impact the program has not only on recidivism, but, also on court workload and the resulting reductions in overall costs for operating the criminal justice system.
As with many jurisdictions in Florida, the Second Judicial Circuit and all the criminal justice agencies in it, including law enforcement, have experienced increases in workload and decreases in available revenue to operate an expensive criminal justice system. According to a 2010 U.S. National Institute of Health study the cost to the criminal justice system to arrest and prosecute one offender charged with theft is almost $3,000. The Adult Civil Citation program provides a potential alternative that may keep some first-time, misdemeanor offenders out of the criminal justice system entirely and avoid a potentially life-altering criminal record for the offender.
The scenario in the first part of this article is a true story. The person described was one of the first individuals to receive a civil citation under the new program. He has subsequently completed the program’s sanctions to include community service hours at the local YMCA, three counseling sessions, an online narcotics/drug abuse course, screenings for drug and alcohol use, and attendance at two Narcotics Anonymous meetings. Once again his future is bright.
About the Author: Greg Frost is the Tallahassee Police Department’s Administrative Services Bureau Director with responsibilities that include management oversight for the Department’s Property and Evidence Unit, Records Unit, Financial Management Office, Fleet Maintenance, and Public Safety Information Systems. He has published several articles and a book chapter on a variety of criminal justice topics.
TALLAHASSEE, Fla. (AP) — Law enforcement officials from Tallahassee and
surrounding Leon County announced Wednesday that they’ll be the first
Florida jurisdictions to adopt civil citations as an alternative to
arresting adults for first offenses of minor, nonviolent crimes.