Resolution 2021-31669 RESOLUTION NO. 2021-31669
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MIAMI BEACH POLICE DEPARTMENT TO PROCEED WITH
SPEARHEADING THE DEVELOPMENT OF A LOCAL
COMMUNITY COURT PROGRAM TO LEVERAGE RESOURCES
IN A COLLABORATIVE EFFORT TO FURTHER THE CITY'S
GOALS OF REDUCING NON-VIOLENT, LOW-LEVEL CRIME,
SUPPORTING PUBLIC SAFETY, REDUCING HOMELESSNESS,
AND ADDRESSING QUALITY OF LIFE ISSUES WITH A SWIFT,
HUMANE AND CONSTRUCTIVE SENTENCING APPROACH FOR
PUBLIC ORDER OFFENDERS.
WHEREAS, pursuant to Article V, Section 2(d) of the Florida Constitution and
Section 43.26, Florida Statutes, the Chief Judge in each judicial circuit is charged with
the authority and power to do everything necessary to promote the prompt and efficient
administration of justice; and
WHEREAS, Florida Rule of Judicial Administration 2.215(b)(3) provides that the
Chief Judge of each judicial circuit "shall, considering available resources, ensure the
efficient and proper administration of all courts within that circuit"; and
WHEREAS, pursuant to House Bill 7125 (as codified in Fla. Stat. 948.081),
which became effective October 1, 2019, each judicial circuit is authorized to create a
community court program for defendants charged with certain criminal offenses; and
WHEREAS, the City of Miami Beach (the "City") is a unique, coastal community
which, due to a myriad of factors, consistently experiences a significant amount of petty
crime and quality of life offenses -- many of which are committed by repeat offenders
from amongst the City's homeless population; and
WHEREAS, the City and the Miami Beach Police Department (the "Police
Department") are committed to reducing low-level crime and repeat offenses, and
bringing social services to those that may find it difficult to otherwise obtain such
services; and
WHEREAS, standard criminal sentences (involving incarceration, monetary fines
and probation) may (if actually imposed) punish misdemeanor and municipal ordinance
offenders, however, such penalties do little to correct the behavior of the offender or
improve the quality of life for the community and/or the offender; and
WHEREAS, the creation of a community court, through the development of
innovative and positive community partnerships, will attempt to address the needs of at-
large, homeless, and low-level repeat (and first time) misdemeanants and municipal
ordinance offenders; and
WHEREAS, each participant of the community court (including, most
significantly, the offender) will be required to take an active role in effectuating the
problem-solving intent of such community court; and
WHEREAS, such offenders can reap the benefits from drug and alcohol
treatment, mental health services, along with educational, job training and counseling
programs provided by the community court; and
WHEREAS, the concept of a community court was discussed at the Police
Citizen Relations Committee (the "PCRC") meeting on November 17, 2020 and
subsequently referred to, and heard at, the January 28, 2021 Finance and Economic
Resiliency Committee meeting with a favorable recommendation for full City
Commission consideration and approval; and
WHEREAS, in response to the PCRC motions, and at the direction of Chief Rick
Clements, the Police Department researched and set forth a proposal to bring a
community court program to fruition in the City, highlighting the overall purpose and goal
of such community court as an initiative to:
• Enhance public safety in the community; and
• Provide services to offenders (contingent upon each offender's voluntary
agreement to enter the program); and
• Enhance the role courts can play in solving some of the primary issues the
City faces concerning repeat misdemeanant and municipal ordinance
offenders; and
WHEREAS, the community court program would be a collaborative effort
involving the City, the 11th Judicial Circuit Court of Miami-Dade County, Florida, the
Miami-Dade Clerk of Courts, the Miami-Dade County State Attorney and Public
Defender Offices, and various social service and treatment providers; and
WHEREAS, the community court program has the goal of providing alternatives
to sending non-violent offenders to jail for those low-level violations including
trespassing, disorderly conduct, disturbing the peace, public intoxication, open container
violations, and obstructing traffic (amongst others), while engaging the community and
assisting those individuals in need of services and resources; and
WHEREAS, the Community Court program strives to hold individuals
accountable for their actions (offenses) while promoting positive behavioral change and
increasing such persons' successful integration into the community; and
WHEREAS, the benefits of a community court initiative (which combines
conventional sentencing with alternative sanctions, on-site treatment and training to
promote responsibility in offenders) have been shown to address the City's key goal of
reducing low-level criminal offender recidivism; and
WHEREAS, the City would benefit from the establishment of a community court,
which would address those all-too-often unenforceable quality of life (nuisance)
offenses in a proactive and enduring approach to public safety.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the
Miami Beach Police Department to proceed with spearheading the development of a
local community court program to leverage resources in a collaborative effort to further
the City's goals of reducing non-violent, low-level crime, supporting public safety,
reducing homelessness, and addressing quality of life issues with a swift, humane and
constructive sentencing approach for public order offenders.
PASSED and ADOPTED this a,, day of llpfl/2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, Ci Clerk Pt`?`i.B ''',,,,
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IliCORP ORATED.
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APPROVED AS.TO
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City Attorney MAT Dote
Resolutions-C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MIAMI BEACH POLICE
DEPARTMENT TO PROCEED WITH SPEARHEADING THE
DEVELOPMENT OF A LOCAL COMMUNITY COURT PROGRAM TO
LEVERAGE RESOURCES IN A COLLABORATIVE EFFORT TO FURTHER
THE CITY'S GOALS OF REDUCING NON-VIOLENT, LOW-LEVEL CRIME,
SUPPORTING PUBLIC SAFETY, REDUCING HOMELESSNESS, AND
ADDRESSING QUALITY OF LIFE ISSUES WITH A SWIFT, HUMANE AND
CONSTRUCTIVE SENTENCING APPROACH FOR PUBLIC ORDER
OFFENDERS.
BACKGROUND/HISTORY
At the November 17, 2019 Police Citizen Relations Committee (PCRC) Meeting the following
motion was passed:
1. Supporting the concept of Community Court
Recognizing that public safety is significantly impacted by land-use decisions
including but not limited to zoning, conditional use permits, side walk cates, and
neighborhood impact establishments, the Miami Beach Police Citizens Relations
Committee supports the idea of Community Court and the committee supports
the resources that it would take. The idea of this is to enhance public safety and
need to make sure the department can support laws and be compassionate that
people can get help.
Motion moved by Committee Member Rafael Velazquez and seconded by
Chairman Alex Fernandez and passed by acclamation.
The item was subsequently heard and discussed at the January 28, 2021 Neighborhood and
Quality of Life Committee meeting (parallel to a PCRC crime tracking mechanism motion) and
was given a favorable recommendation for discussion at Commission.
ANALYSIS
The City of Miami Beach (CMB) is a unique community that due to its tropical location
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experiences a significant amount of quality of life offenses, many of which are carried out by
members of the homeless community. As a City who is compassionate towards providing a
multitude of homeless services to this segment of the population, the Miami Beach Police
Department(MBPD) remains committed through its Community Affairs Unit in always searching
for a way to reduce repeat offenders and bring social services to those that find it difficult to
obtain them through the development of innovative and positive community partnerships.
In response to the PCRC motions, and at the direction of Chief Clements, the Department
researched neighboring jurisdictions that have implemented a Community Court program and
drafted a proposal delineating what would be required to bring such a program to fruition in the
City of Miami Beach.
The overall purpose and goal of the Community Court program would be to:
• enhance public safety in the community
• provide"wrap around" services contingent upon agreement to enter the program
• enhance the role courts can play in solving some of the main issues we have in Miami
Beach with repeat offenders
The below information provides an overview.
What is Community Court?
Community Court is a collaborative effort of the 11th Judicial Circuit Court of Florida, the City of
Miami Beach, Miami Dade County, the Clerk of Courts, the Office of the Public Defender, the
State Attorney's Office, and several service and treatment providers, including behavioral health.
It is an innovative approach to handling certain low-level misdemeanor crimes and violations of
municipal ordinances and is designed to engage the community, help offenders and assist
individuals in need of services and resources. It has as its principal aim the provision of
alternatives to sending nonviolent offenders to jail.
What crimes are eligible for Community Court?
Quality-of-life crimes that affect communities may be eligible for Community Court. These
include but are not limited to trespassing, disorderly conduct/disturbing the peace, public
intoxication/open container violations, obstructing traffic, and aggressive panhandling.
Additionally, individuals with charges related to the violation of City Ordinances as well as minor
Misdemeanor arrests could also be eligible.
It should be noted that criminal charges are not necessary for individuals to participate in the
services and programs available at Community Court.
How does Community Court benefit offenders and others?
Community Court strives to link offenders to community restitution projects and on-site social
services and treatment providers. The following services and resources would be available at
Community Court:
• Services to address violations onsite
• Access to social service providers
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• Veteran's services
• Social Security services
• Employment services
• Behavioral health for assessments and case management services
• Miami Dade County community service hours
• Care Resource medical care, housing, and supportive services
• Florida Highway Safety Motor Vehicles (DMV)identification services
• OIC of South Florida workforce education and training
• Second Chance Society supportive services for life events
• SunServe medical, housing, and mental health services
These benefits have shown to reduce offender recidivism in Fort Lauderdale, a key goal of the
City and the Department.
The City will also benefit from offenders having to complete community service as a necessary
component for any charged offense in lieu of incarceration.
What are the conditions required of those charged with a violation?
The conditions required of each individual eligible for Community Court will depend on that
person's unique circumstances.
Conditions always include completion of community service in lieu of incarceration for those
charged with an eligible offense and may include mental health counseling and/or residential or
non-residential substance abuse treatment.
Who manages the Community Court Program?
First, Community Court must be approved by the Chief Judge of Miami Dade County— Judge
Bertilla Soto—via an administrative order.
Once established, the City of Miami Beach would hire a Community Court Coordinator (CCC)
through grant funding or a budget enhancement.
The CCC will work closely with the City's Homeless Outreach Program, the Police Department,
court system and all the "wrap around" services specifically designed for this program and our
City.
Tracking of Court Cases
Tracking of each court case related to quality of life, City Ordinance and minor Misdemeanor
arrests would be closely monitored and tracked in addition to cases generated by the Department
not related to any of the above offenses. Such tracking would include the disposition of each criminal
offense.
Next Steps(in no particular order):
On December 21st 2020, members of the Miami Beach Police Department, CMB Homeless
Outreach Unit, Community Affairs Unit, CMB Legal, Ft. Lauderdale's Community Court
Coordinator and Judge Barney of the 17th Judicial Circuit- Broward County, met to provide an
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overview and understanding of how to build a Community Court program. The next steps
towards establishing a program in the City are as follows:
• Carry out a meeting through the City's Legal Department with Chief Judge B. Soto for
official approval to start a program
• Apply for U.S. Department of Justice BJA Grant in the amount of$200,000.00; or
• Request this program be funded through a Budget Enhancement Request
SUPPORTING SURVEY DATA
N/A
CONCLUSION
A Community Court is a problem-solving court that addresses quality of life or"nuisance" cases
proactively while taking a humane and enduring approach to public safety. The Miami Beach
Police Department, therefore, proposes and stands behind the creation of a Community Court
Program which would not only benefit the quality of life of offenders thereby reducing recidivism,
but in turn also greatly improve the quality of life of our residents and visitors.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods-Prevent and solve crime for residents and visitors.
Legislative Tracking
Police Department/Office of the City Attorney
Sponsor
Vice-Mayor Michael Gongora and Co-sponsored by Commissioners Meiner and Samuelian
ATTACHMENTS:
Description
o Resolution- Community Court
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