October 31, 2012

Florida Smart Justice Alliance Unveils Historic Agreement for Adult Civil Citations

TALLAHASSEE, Fla. – With the unified support of law enforcement, prosecutors, public defenders and the judicial system, the Florida Smart Justice Alliance today unveiled a historic agreement introducing the cost-saving concept of Adult Civil Citations to Florida. The initiative carries potentially huge financial benefits and enhanced public safety, all without any additional cost to the taxpayers.

Under a first-of-its-kind project to begin in early December in Leon County and soon after that in other counties, law enforcement officers will be given a new alternative to arrest with the discretion to issue Adult Civil Citations to first-time non-violent misdemeanor offenders, to steer them toward treatment of underlying problems rather than arrest, jail and a life-long criminal record. A similar successful model – Juvenile Civil Citations – dealing with non-violent, first-time juvenile offenders has been in place statewide for almost two decades and has become a national model of success, contributing to a dramatic reduction in juvenile justice referrals in Florida.

“The Adult Civil Citation concept is just the kind of new thinking Florida needs,” said Mark Flynn, President and CEO of the Florida Smart Justice Alliance. “This concept meets the Alliance’s two goals – protecting the public but also expending our hard-earned tax dollars in a more efficient manner to produce the outcomes we expect: less recidivism. This has the potential to rewrite the operation of Florida’s criminal justice system as we work to solve people’s problems so they don’t create new crime victims.”

Through local agreements, officers will be given the flexibility to determine when certain alcohol, drug and other non-violent offenders would be better served by receiving an adult civil citation rather than being arrested for things like public intoxication, petty theft, disorderly conduct, trespass and the like. Qualifying offenders will be required to perform community service and undergo treatment for any conditions that contributed to their offense, and they – rather than the taxpayers – will pay all costs. But the process can spare them a criminal record, eliminating a major barrier to future employment, education, military service and other opportunities to build a law-abiding life.

“We often recognize that there’s an underlying cause behind a person’s first-time criminal behavior, and we would just as soon see it treated correctly so we don’t have to deal with the person again,” said Tallahassee Police Chief Dennis Jones. “Adult Civil Citations will advance our department’s commitment to public safety while allowing us to use common sense on the street, and any time an officer has discretion it’s a good thing.”

The Adult Civil Citation project was spearheaded by Tom Olk, executive director of DISC Village, Inc., who said it is embraced by criminal justice advocates because diverting low-level offenders frees up law enforcement and judicial resources to deal with more serious crimes. Olk helped develop Florida’s juvenile civil citation program in conjunction with Wansley Walters, who was then director of juvenile services for Miami-Dade County and is now secretary of the Florida Department of Juvenile Justice.

“Some people who draw the attention of law enforcement on the first occasion don’t truly need to be arrested – with an appropriate assessment and appropriate services we can help them can get their lives back on track. It will also help eliminate the problem of people being arrested because of underlying issues that cause their misguided behavior. Best of all, the offender pays the cost,” Olk said. “The civil citation process ensures that they pay for their actions, but without the life-altering stigma of a criminal arrest record.”

Under the program, law enforcement officers will have the discretion to issue a civil citation rather than make an arrest in cases where the offense does not involve violence and the offender has no previous civil citations. The offender would be required to:

• Undergo an assessment within 72 hours

• Perform a minimum of 25 hours of community service

• Undergo treatment for any underlying issues that contributed to the incident, such as substance abuse counseling, anger management classes, and interventions that address retail theft and gambling

• Pay all costs of the program

• Face arrest for failing to meet the conditions of the program.

“A minor stupid act shouldn’t automatically ruin a person’s life, whether it’s the result of youthful indiscretion or a lifetime of hard luck,” said Sheriff Campbell, who supported juvenile civil citations from their inception. “Everyone who breaks the law must pay a price, and the civil citation process assures that – but with a smarter, cost-effective approach where the penalty fits the crime without wrecking a life.”

“The goal here is to make sure we have the resources to come down hard on the criminals who really deserve it,” added State Attorney Meggs, who was an early backer of Juvenile Civil Citations. “This approach makes so much sense, because it penalizes minor offenders while letting us focus on prosecuting the criminals who are the greater threat to our community.”

According to the Department of Juvenile Justice, in 2009-2010 approximately 7,000 youth across the state went through the juvenile civil citation process, with a recidivism rate of only 7 percent – just one out of 14 juveniles. A January 2011 report by the Associated Industries of Florida Foundation found that the success of juvenile diversion in Leon and Miami-Dade counties suggested that the number of juveniles processed through the system could be reduced by 40 percent through diversion. At the dramatically lower costs of diversion, the alternative would save Florida taxpayers almost $140 million if implemented statewide.

Existing rules adopted by the Florida Supreme Court provide the authority for the adult civil citation program, but without the involvement of the Second Judicial Circuit the initiative could not work, he said.

# # #

About the Florida Smart Justice Alliance

The Florida Smart Justice Alliance is a coalition of organizations committed to changes in Florida’s criminal justice and corrections system designed to make Florida’s communities safer, save the taxpayers money and hold offenders accountable while providing the tools for them to live law-abiding lives. The Alliance works to forge consensus among the broad range of affected parties – including law enforcement, prosecutors and public defenders, the judiciary, state government, victim rights groups, service providers and the business community.

http://smartjusticealliance.org/