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RESOLUTION 84-17680 RESOLUTION NO. 84-17680 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE ADMINISTRATIVE JUDGE OF THE COUNTY COURTS AND THE DADE STATE ATTORNEY ' S OFFICE TO SET ALL MIAMI BEACH MISDEMEANOR CASES FOR TRIAL SO THAT THE CITY ATTORNEY MAY COOPERATE WITH THE STATE ATTORNEY AND COUNTY COURTS TO SEE THAT JUSTICE IS SERVED. WHEREAS, the City of Miami Beach consistently has the highest incident of misdemeanor arrests; and WHEREAS, in the first two months of 1984 there have been four homicides in the City of Miami Beach, compared to two such homicides during the same period in 1983 ; and WHEREAS, one homicide was committed by a man who had at least six misdemeanor arrests, and resulted in the loss to the City of a valued Police Officer ; and WHEREAS, at the time that misdemeanor defendants are arraigned, neither the County Court Judge nor the State Attorney has knowledge of the prior arrests or the disposition of such arrests for purposes of sentencing the misdemeanant should a guilty plea be entered; and WHEREAS, many misdemeanants are not mentally competent to stand trial and for that reason are set free; and WHEREAS, the City of Miami Beach is desirous in assisting the courts and the State Attorney to insure that chronic misdemeanants or those persons who are a danger to themselves or to society are afforded the appropriate dispostion: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COM- MISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the County Court Administrative Judge and the State Attorney be advised of the above and are requested to not sentence misdemeanants at the time of arraignment, regardless of whether such person plead guilty, but instead set the case for trial, thereby allowing the City Attorney, in conjunction with the State Attorney, to make recommendations for appropriate disposition at the time of OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 trial, taking into consideration all of the facts, including prior convictions. Additionally, this process would allow the State Attorney, in concert with the City Attorney, to start a process for commitment of such person if it is determined by a court of competent jurisdiction that such persons are a danger to themselves or to society. FURTHER BE IT RESOLVED that the Administrative Judge and the State Attorney is requested to meet with the City Attorney in order to discuss the desires of this Commission. PASSED AND ADOPTED this 14th day of March , 1984 . MAYOR ATTEST: )1(g/;-V.444Aeio CITY CLERK MLB:kt 3164C FORM APPROVED EPi -2-- r e OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 84-17680 (Requesting the Administrative Judge of the County Courts and the Dade State Attorney's Office to set all Miami Beach misdemeanor cases for trail so that the City Attorney May cooperate with the State Attorney and County Courts to see that justice is served)