The Board of County Commissioners of Brevard County, Florida, met in workshop session with the Public Safety Coordinating Committee, on July 17, 1995, at 2:00 p.m. in the Government Center Multipurpose Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

Members of the Public Safety Coordinating Committee who were present were: Judge Dean Moxley, State Attorney Norman Wolfinger, Public Defender James Russo, Ron Clark representing Sheriff Miller, Chief Correctional Officer Harry Sands, and Court Alternatives Director Patricia Bean. Others present were: Assistant County Attorney Shannon Wilson, Assistant to County Manager Yvette Parker, and County Court Judge Preston Silvernail.

DISCUSSION, RE: BREVARD COUNTY DETENTION CENTER

Chairman Higgs advised since they share responsibilities, the Board decided it wanted to discuss the Detention Center with the Committee, as it needs to make a final decision on where it is going; and recommended Yvette Parker give a status report on the project.

Yvette Parker, Assistant to the County Manager, advised they are in the middle of completing a 60-bed expansion on the minimum security facility; it should be completed by November; the Public Safety Coordinating Council met in June and approved the expansion of the 120-bed upper floor minimum security facility to go to the Board for consideration; and as far as any main jail expansion, they are still researching that and should bring the information to the Board in August on funding, referendum, and infrastructure needs that may be revised if they have the 120-bed expansion.

County Manager Tom Jenkins advised that came to the Board, and the Board gave staff direction; they are proceeding with the planning for expanding the second floor of the minimum security for the 120 beds, of which 60 will be for new sentences and 60 for weekenders as planned; and in addition the Sheriff is investigating and planning to expand the support services of the main jail.

Chairman Higgs inquired if it is coming back to the Board in August; with Commissioner Cook responding no, only the referendum. Mr. Jenkins stated the minimum security issue will not come back. Chairman Higgs inquired if the Board took a final vote on the 120 beds for the minimum security facility; with Mr. Jenkins responding the Board gave the go ahead on the minimum security, except for decisions it has to make in terms of letting contracts, etc. Commissioner Ellis stated they are supposed to come back with minimum upgrades for laundry and kitchen facilities; with Ms. Parker responding they will do that. Chairman Higgs inquired if the 1996 budget reflects the increased cost of operating the additional 120 beds; with Ms. Parker responding no, the 120 beds will not be in effect until the following year. Chairman Higgs inquired if there are questions about the minimum security issues. Judge Silvernail inquired about the work release program; with Ms. Parker stating it did not pass. Chairman Higgs inquired if in August the Board will look at the additional maximum security spaces; with Ms. Parker responding yes.

Commissioner Ellis inquired if there are rough estimates for capital costs for laundry and kitchen; with Mr. Jenkins responding the Sheriff is attempting to do that in-house to greatly reduce the cost and may be using existing resources that will not have a direct impact on the Board at this time.

Jeff Duffey of the Sheriff's Department advised the laundry expansion is estimated at $26,000 and the warehouse is estimated at a few thousand dollars less than that. He stated the food facility of 150 feet by 75 feet with interior refrigeration will cost about $56,000; and all three will be under $150,000.

Chairman Higgs inquired if for approximately $150,000 the County could service the new minimum security beds plus at least a pod or two of maximum security; with Commander Harry Sands responding yes, but there are a lot of things such as equipment costs, plumbing, electrical, etc. that are not included. Mr. Duffey stated they have not gotten to those yet and do not know where the connections are or what they are going to be able to do in terms of needing greywater discharge as opposed to regular discharge.

Commissioner O'Brien advised it came to his attention that the jail overcrowding issue may be a problem caused by the system; the State Attorney wants to put bad guys away and that is his job; the Public Defender says some do not have to be locked up; he heard misdemeanor offenders are locked up 60 to 90 days before they have a trial; and if the time served is more than what they will probably get, they should be allowed out; so somewhere among the Public Defender, State Attorney and Judge, there may be further solutions to the overcrowding problem. He stated if judges cannot hear a case within 40 to 60 days, and if a person is put away for a misdemeanor and cannot get a bond, and 15 days would have been his sentence, rather than 60 to 90 days before he could go to trial, those types of criminals, after serving time, should be let out because they will be let out anyhow since they have served the time they would have served if they were convicted. He inquired if there is a method where the justice system can work that out.

Judge Dean Moxley advised the Jail Oversight Committee started years ago as a result of a state lawsuit; it was an Administrative Order; when he was doing jail oversight review, he reviewed every inmate in the jail and set bonds without input from anyone except the prior record and arrest report; and that managed the resource fairly well, so there is a method to deal with it. He stated he does not know what the percentage of misdemeanors is in the present jail, but he knows some have been in there and should not have been as long as they were; that was the reason for the Oversight Committee to allow the judge to address the problem while everyone else was too busy doing their cases. Ms. Parker stated it is still in effect and she still reviews every inmate, takes the criteria established years ago, and decides.

Judge Preston Silvernail advised after a person is arrested and is seen on first appearance, they normally give him a court date and let him out on a signature bond or his own recognizance; and if the individual does not show up for court, they issue a warrant in order that he be held in jail until he makes his court appearance. He inquired what alternative do they have. Commissioner O'Brien stated if a person has previous failures to appear (FTA's) and is brought in for shoplifting, the judge may decide not to release that person and write a contempt of court order. Ms. Parker stated they take in 50 and let out 50 a day; Judge Moxley established that when he had the oversight four or five years ago; the jail is the finite resource, and beds are finite resources that needed to be managed; and Brevard County is #1 in the state for managing its jail beds, and that is why it has only 732 beds, whereas Volusia County has 1,494 beds under the same operation. She stated the domestic violence statute changed and other Florida Statutes changed, requiring more people to go to jail, and increased the jail population; the County has not added beds but once since the jail was built in 1986; and it is time to focus on the jail population and not the control mechanism because it is still sending 50 folks out a day. Patricia Bean advised the Pre-trial Release Program interviews everybody who comes in and assesses whether or not they can be released.

Public Defender James Russo advised a while ago he suggested if an individual has no FTA, the judge could set a bond; and if he cannot make the bond by a certain period of time, then he will be ROR which would be self-acting and automatically kick in, and the person would be out the door. He stated it would not take additional judicial work or oversight review. Judge Moxley stated if the individual does not have FTA history and is in for a misdemeanor, he should be out on signature bond. Ms. Parker stated unless it is a domestic violence case, and the majority of FTA's are domestic violence which created the burden. State Attorney Norm Wolfinger advised he asked that they try and expedite those by setting up a domestic violence court. Commissioner Ellis inquired if the courtroom could be set up in the jail. Judge Moxley stated there is a problem with domestic relations; the person who is a victim does not partake of the system at all; so it is a major issue with the Supreme Court. He stated right now they are misdemeanor batteries and in County Courts; but the real problem is like Orange County that let someone out and that person committed a murder; and that can happen, but there is no way to predict it.

Judge Silvernail inquired if the jail is the appropriate place to house a courtroom to which jurors are summoned to try domestic battery cases and witnesses come to testify. He stated it would be a security problem. Commissioner Ellis stated he is not talking about trials; and inquired if there are guidelines where a first appearance judge could decide whether to put the individual in jail or let him out; with Judge Silvernail responding the first appearance decision is made based on the 923 Police Report and history of the individual, etc. Commissioner Ellis inquired if that is done at the jail or at the Courthouse; with Judge Silvernail responding at the jail, but they cannot hold domestic violence court at the jail to process all those cases because one court cannot do all those.

Judge Moxley advised Florida Statutes state if there is an alternative form of release that works, rather than incarceration, that is preferred; sometimes there are difficult situations; he tries to get them out by different alternative facilities, counseling, etc. and reunite the family; and that is what most initial appearance judges try to do, but there are always some they cannot release.

Judge Silvernail advised Volusia County has 396,000 population and Brevard County has 436,000; Volusia County has two more County Court Judges than Brevard County; they are housed in one courthouse; so they do not have to transport people 70 miles, and all the judges are state funded.

Mr. Wolfinger stated the judges, Sheriff and his office have bent over backwards to let people out who have no business being out; they should somehow expedite getting some out; but they are not putting in as many as they should. Commissioner Ellis stated Judge Lober said the courtroom at the jail is only used a half day and he is trying to set something up there full time. Judge Silvernail stated they use it five afternoons a week and some mornings for bond hearings, but they cannot have jury trials there. Commissioner Ellis inquired if they could get more use of additional courtroom if it was there for bond hearings, sentencing, pleas, etc.; with Ms. Parker responding there are probably 70 to 80 domestic violence cases, about 15 to 25 are sentenced; and the rest are awaiting trial. Mr. Wolfinger advised a centralized court system could help to expedite those cases; one judge may have a hard time handling all those cases just like the prosecutors; but if the 40 cases are shuffled through one judge, when a person comes back, the judge will be familiar with that person and can expedite the process. Commissioner Ellis inquired if that is the decision of the chief judge; with Mr. Wolfinger responding yes.

Chairman Higgs inquired if a person arrested for domestic violence sits in jail for a while, does the potential for increased violence decline; and if they get out quickly, what is the result and will it create a bigger problem. Judge Moxley stated sometimes that is all that is required, but because of the gigantic variations, there is no way to determine; sometimes the threat of incarceration affects them; and the more salvageable the person, the less time is required. He stated it will not affect persons with other problems in the criminal court division; armed robbers also abuse their spouses; and as Judge Silvernail said, it is a judgment call based on experience and knowledge of people. He stated as long as everyone is aware that the jail is a unique resource and makes sure the victims are protected, that is the best they can do in initial appearances. Chairman Higgs stated in domestic violence cases, the protection of the victims is particularly important because many times it also deals with a number of children. Judge Moxley advised domestic violence is battery; felony aggravated assault, kidnapping, and sexual battery do not get out; what the Board is discussing is battery which is significant because it can escalate; and the serious ones do not get out. Ms. Bean advised the pre-trial release program currently is entirely supervision of domestic violence cases, and they are closely monitored pending trial.

Ms. Parker advised Commissioner Ellis mentioned additional courtroom space at the jail; and the Board may want to consider the difficult issues for a judge to travel to court at a jail site and staff being involved in utilization of court time; so video tele-conference may be more useful. Commissioner Ellis stated when he talked to Judge Lober he said many times the judges go to the jail and there is not sufficient set up and take down time for possible use full time. He stated the Board needs input from the judiciary on what the Board can do to make their job work better. Judge Moxley stated the Board can impact felonies more than domestic violence with felony sentencing and bond hearings. Commissioner Ellis stated it is safer than taking them out of jail. Chairman Higgs inquired if Judge Moxley is saying an additional courtroom could impact that; with Judge Moxley responding it can impact the problem with the felony caseload by having more courtrooms there to deal with the problems and have several judges deal with bond hearings. He stated he does not know what problems that would create for the Sheriff as far as security, but they would not have to transport the people; and they could have bond hearings, pleas, and sentencing.

Commissioner Cook stated he would like to have additional information on that and how they are using current courtrooms and options as well as video conferencing and other alternatives.

Chairman Higgs advised if it is more cost effective to build an additional courtroom at the jail than to build additional cells, that makes sense to her; and she is open to finding a new way to do things. Mr. Wolfinger stated he does not think it is good to have a courthouse in the jail for trials. Chairman Higgs stated trials is not what the Board is saying, it is what Judge Moxley said, bond hearings, pleas, and sentencing.

Commissioner O'Brien inquired if Mr. Wolfinger would go with Judge Lober's recommendation that a courtroom be built at the jail for bond hearings, pleas and sentencing; with Mr. Wolfinger responding he would not mind if a judge sets up a day a month to do sentencing; and if they have people in the jail, there is nothing wrong with that. Commissioner O'Brien stated another problem is the time convicted felons are sitting in the County jail rather than being transported to a state prison; with Ms. Parker responding they have expedited that. Judge Moxley stated people want to plea because they want to get out and start their lives. Judge Silvernail stated they want to get to the Department of Corrections and start getting credit, and the County wants them to get there, but DOC is putting people in Brevard County and subsidizing its system by keeping them here longer. Ms. Parker stated DOC gave excessive requirements for paper work, but staff got smarter and keeps them two weeks maximum then ships them over to the State.

Commissioner Scarborough inquired if there are counties being sued that developed mechanisms for releasing people who are unsafe to society; with Assistant County Attorney Shannon Wilson responding there have been a variety of lawsuits attempted over the years, and most of them tend to get kicked out on sovereign immunity; and where the counties and sheriffs really get sued is when a person is released by mistake.

Commissioner O'Brien inquired why Volusia County has more judges than Brevard County and Brevard County has a higher population; with Judge Silvernail responding the Legislature allocates judicial slots. Judge Moxley stated everything is tied into cases per judge of 1,865 for a circuit judge and 4,011 for a county judge; they look at the certification process, and when the county meets the criteria they give it another judge; and traditionally, unless the County meets the numbers, it will not get a judge. He noted the last time the County got a judge because of the configuration of the County, but it was also because of the cases.

Commissioner Cook suggested petitioning for another judge if that is what is needed. He stated he would like to know if Volusia County met the criteria, and recommended staff get the historical information and find out what they did to petition for a new judge. Judge Moxley stated the circuit judges come on a circuit-wide basis; they have a circuit judge coming on board in Seminole County; the Constitution provides that the Legislature can approve more than a certified judge; and there are instances where there were more judges authorized than requested, but that is a political process. Chairman Higgs stated in the Board's legislative package next year, it may be one of the very important things to consider, an additional judge. Judge Moxley stated if the Board is able to convince the Legislative Delegation to provide another circuit judge, he will put him in criminal; but that is not going to be an easy process; by the nature of the Constitution, the judiciary cannot get involved; they do the certification and that is the only way they can do it; but the Legislative Delegation will do what the people say. He stated if the number of cases is not there, they will say no; they have not asked for a judge that was not certified; and they have been somewhat successful every time. Court Administrator Mark VanBever advised there has not been a time when they met the threshold and asked for a judge that it was not certified; and the Supreme Court will automatically certify if it meets the 1,865 cases for a circuit judge. He stated the County is close to needing a judge, but the circuit is getting one in Seminole County in September, and that will put it out of the ballpark. Commissioner Ellis inquired how do the case numbers stack up between Brevard and Seminole; with Mr. VanBever responding pretty close; Seminole has more cases per judge and that is why the new judge is going there; and once that happens, Brevard County will have more cases per circuit judge; but looking at the overall circuit, they would not have to ask for one to be certified because it will not be that close.

Mr. Wolfinger advised a lot of the people sitting in jail are probably habitual offenders or clear criminals; it takes getting the people in front of a judge or nothing happens; and that will expedite a lot of those. He stated Jacksonville has a habitual offender court and was given extra judges; and those are the ones who are in jails. Commissioner Ellis inquired what can the Board do to speed that up; with Mr. Wolfinger responding they need trials. Chairman Higgs inquired if the judges work faster, will Mr. Wolfinger need more people; with Mr. Wolfinger responding he will move people if the County gets a habitual offender judge. Commissioner O'Brien inquired how would it create such a position; with Mr. Wolfinger responding the Justice Center at Viera will help to centralize the system. Judge Moxley stated the real problem is almost all the trials will be in that division; the way to dispose of cases is pleas, bonding and getting the judge on line to do those things, and eliminate transport problems. He stated trials take six to ten months, and when they plea it is a lot less time, so the County can turn a lot more people through the system.

Commissioner Ellis inquired what can the Board do in terms of facilities to get the judges moving on that; and stated it cannot make the decision for Judge Moxley, but it can do what it can so that if the judges chose to go the different routes, they will have that possibility available. Judge Moxley stated if security is no problem, an additional courtroom at or near the jail, or tele-conferencing will help; it can be used to cut transport and facilitate a lot of dispositions; and that is what affects the jail population. He stated criminal justice has various issues; those cases that can be disposed of in a timely fashion will affect the inmate population; and those that do not because society needs protection, should be tried at Viera. He stated tele-conferencing and additional court at the jail will give the ability for judges to interface quicker with the defendants.

Commissioner Cook advised the County has done a lot; it has a multimillion dollar courthouse being built; it is looking at tele-conferencing; and it committed to finishing the minimum security jail for the Sheriff; so it is heading in the right direction and has done a lot.

Chairman Higgs inquired if the County has the video tele-conferencing equipment but lost the tower by lightning; with Mr. Jenkins responding there is a lot of new technology today that was not available five years ago; and it would be cheaper to buy a new system today than to try and get the old system to work. Commissioner Ellis stated the estimate is $300,000; with Mr. Jenkins responding that is probably on the high side because technology costs have gone down. Chairman Higgs inquired if Judge Moxley sees that as a way to take care of those cases that ought to be handled; with Judge Moxley responding yes. Chairman Higgs inquired if they have tele-conferencing, will they still need the jail space; with Judge Moxley responding no. Chairman Higgs inquired if the recommendation from Mr. Russo about ROR after a certain time period would work; with Mr. Russo responding Judge Moxley mentioned that a lot of people are in jail because of FTA or they would be cleared out; but if a guy arrested for retail theft is in jail 30 days and does not make bond, he does not know why the State Attorney does not drop the case, because if he has already served 30 days, they should dismiss the case. He stated he does not understand why they have to prosecute a guy who already served more time than he would get for retail theft; with Mr. Wolfinger responding restitution. Mr. Russo inquired what restitution would they get from a guy who could not even bond out of jail and served 30 days; with Mr. Wolfinger responding he does not want to get into the habit of saying if they do not plead in 30 days they will be let out and will not have to worry about it.

Chairman Higgs advised that will not be considered a solution; however, everyone agrees with tele-conferencing; they touched on domestic violence and career criminal courts; the Board's concern is jail space; and inquired if those courts will relieve the overcrowding jail problem; with Judge Moxley responding he is not sure it will, but it may be an effective way of dealing with those cases. He stated what will impact the jail population is taking the cases that should be solved and disposing of them quickly and in a fashion that is just for all concerned; there are cases where the individual should go to prison; and those who will not, should get out. He stated he is speaking from a circuit court perspective, and Judge Silvernail needs to address the County Court perspective. Judge Silvernail advised all seven County Court Judges handle domestic violence cases all the time; they pick more juries for domestic violence cases than DUI's or anything else; and he cannot see where dedicating one judge to a domestic violence court will address the jail problem. Chairman Higgs stated video tele-conferencing seems to be a way that will help the problem; and inquired when will the Board get updated information on what it will cost. She stated if they see that in August, then maybe they can make a decision then.

Commissioner O'Brien stated 80% of the jail population is awaiting trial; that is the biggest clog in the system; and if they can get that moving along, they can reduce the jail population. Ms. Parker stated at the same time it will clean beds for the County Court Judges who have not been able to utilize them; the reason they have a pre-trial facility is because the County Court Judges do not have beds; now they will be given 60 beds; and the other 60 beds will be for weekenders. Judge Silvernail stated there has been a lot of pressure on County Court to look for alternative punishment for people who violate the laws; the farm is a tremendous asset; they would like to have more alternatives in terms of sentencing; but ultimately if they are dangerous, they should be in jail because they would endanger the public. Chairman Higgs stated with the additional minimum security beds, the judges will have a greater chance of doing that; with Judge Silvernail responding yes. Commissioner O'Brien stated if the County builds all the cells it can, they will put someone in them. Ms. Parker stated the County is ten years behind in building. Commissioner O'Brien stated the numbers indicate it is half way of where it should be.

Mr. Wolfinger advised he does not like to put people in pre-trial intervention unless they are going to succeed because if they do not, there will be problems; and most work, but very few are in the jail now who should not be there. Commissioner O'Brien inquired about the habitual offender law; with Judge Moxley responding it will probably come October 1, 1995; they will have to serve 85% of their prison terms; and the Legislature has to figure a way out of that. He stated the jail serves a lot of people; some are not criminals but cannot take care of themselves so the jail takes care of them; parents who have a child with a substance abuse problem get victimized and ask the State Attorney to file charges so they can avail themselves to the substance abuse programs that are available; there are vagrants who are crazy that do not need to be in jail, but they get arrested and the police does not know what to do with them; if they get a meal and do not pay for it, they get picked up and put in jail; so the criminal justice system functions for all different purposes for different people. He stated they have to manage the resources and get the cases that need to be gotten to quickly so they can get out and those who need to be prosecuted because they are a danger kept in jail. Commander Sands stated they process about 18,000 inmates a year.

Commissioner Scarborough advised the leaders of the black community are most disturbed; they have been trying to work with law enforcement; they are afraid they will lose their community because those arrested for small offenses are big offenders, but they cannot hold them; so he has no problem providing more jail space for those people. He stated his constituents are afraid they are going to lose their communities; they are wondering whether society is going to succeed in those neighborhoods; and if they are lost, it is the County's fault. Commissioner Cook stated the Board is supplying 60 additional beds; and inquired what Commissioner Scarborough recommends; with Commissioner Scarborough responding he does not know if 60 beds is going to do it; he is prepared to go the full measure to save communities; there is a problem that exists; and moving the system around is not going to work if the basic jail population is not being incarcerated sufficiently. He stated if they have to move 50 in and 50 out, it will not solve the community's problem. Commissioner Ellis stated they only hold people who are sentenced to County jail for misdemeanor and do not have a lot of capital offenders. Mr. Wolfinger advised the Legislature has seen fit to decriminalize drugs; law enforcement goes into a community and arrests people for drugs and the guy is back on the street and gets arrested again; those are felons, but in order to go to prison, they need a tremendous amount of convictions; and that is going to stay that way for now. He stated they need forced treatment as opposed to letting them out to steal or sell drugs or buy drugs; those are the people Commissioner Scarborough is talking about who will victimize the communities that are not quite economically well off as they should be; and those residents are the ones that lose by the leniency of the state laws on drugs.

Commissioner Ellis inquired if the state system is being expanded; with Mr. Wolfinger responding no, those will still go to the County because of the sentencing guidelines; they are felons, but the most they are going to get is County jail time; the lower end of drug thefts, burglaries of businesses, etc. are the County's problems even though they are state crimes. Judge Moxley advised he requires them to enroll and successfully complete several drug programs that DOC provides at no expense and makes it a violation if they do not; so there is an alternative.

Shannon Wilson advised circuit judges have the ability to sentence felony offenders to a certain period in the jail, but the difficulty is bed space; and in most circumstances it would be medium and not minimum security beds. Commissioner Ellis inquired how long can they sentence a felon to County jail; with Judge Moxley responding only one year for a felony, but if they have two different misdemeanor cases, they can get two years. Judge Silvernail advised County Judges can sentence people to County jail longer than Circuit Judges.

Commissioner O'Brien inquired what is the answer to alleviate the jail population problem; with Mr. Wolfinger responding additional beds, Judge Moxley stating more beds, tele-conferencing, and judges aware of the managed resource, and Ms. Bean responding they are doing everything up front, court alternative, pre-trial release programs, etc. Mr. Russo stated the more beds the County gets the more they will fill them with pre-trial people; they will never get it down unless the beds are specifically designated for County Court sentencing; it will constantly have circuit court pre-trial cases overloading whatever beds are available; and it will never get down to giving County judges the discretion they need to sentence. He stated he does not know if the Board can do that, because it is beyond the realm of his knowledge.

Chairman Higgs inquired if the County can classify beds; with Commander Sands responding they are pretty much classified for discretion by County Court Judges for misdemeanors in the minimum security; by the Florida Administrative Code, they cannot put violent people with nonviolent people; they cannot put misdemeanant with non-misdemeanant, and they cannot put males with females or adults with children; so every bed is classified.

Judge Silvernail stated it is a complicated thing; having more beds is probably the simplest answer; but it involves more than that; and perhaps more programs and more alternatives in terms of sentencing will help.

Ms. Parker advised the standards are there for incarceration; the average is 2.7 statewide which means all the counties in the state lock up 2.7 inmates per 1,000 residents; and 2.7 would put the County at around 1,300 plus beds.

Judge Moxley stated they need job training, GED, and all those interacting with the system; that is what they have in Orange County; so their mission is not only to provide sentencing, but they do not want those people coming back.

Chairman Higgs advised the Board has committed to fund 60 minimum security bed, and staff believes the 120 beds had a final commitment, but she is not sure on that and thought they had a consensus but that it would come back for a final decision with all the numbers; with Commissioner Cook responding the Board voted on it at a meeting. Mr. Jenkins stated that was his understanding, and staff has been moving forward realizing there will be decision points along the way. Ms. Parker stated the PSCC approved it going to the Board; with Chairman Higgs responding it came to the Board which sent it to the PSCC, and it has not come back. Ms. Parker stated the Impact Fee Committee met and approved the expenditure of that money, and that has not come to the Board for approval. Chairman Higgs inquired if the County needs 240 maximum security beds and how fast does it need those; with Ms. Wilson responding the PSCC in the past approved the statistics that is in the Cotch Report of 1989; the Jail Advisory Committee also recommended and approved it; and that was three to five years ago. Ms. Parker stated they did a recent consultant report and endorsed two pods and double bunking.

Commissioner Cook stated that is something the Board will be discussing going to referendum on or however it wants to look at that; most comments here are that it is so complicated an issue that building more beds and warehousing people is not going to solve the problem; that is an easy answer; and in August the Board will make a decision on the referendum.

Chairman Higgs inquired if the County needs the maximum and minimum security beds; with Judge Moxley responding the people who do not need to be in jail should be processed out if they are not violent offenders; but if they have committed a crime, there is a possibility they will commit another and endanger the community.

DISCUSSION, RE: REPRESENTATION BY THE PUBLIC DEFENDER'S OFFICE

Commissioner Ellis advised the Public Defender's Office takes all the cases they get sent; but the County does not have to send them all the cases they get sent; so if the County is not going to sentence someone to jail, can they not avoid giving them a Public Defender.

Judge Moxley advised some judges do not want to make a decision whether or not they will send someone to jail without knowing anything about the case; it is a decision process that the trial judge generally does not make until they know about the case; and also some judges, notably in Juvenile Defendant Division, know that Public Defenders are effective advocates and make the system work. He stated there is no time with felonies that he would say he would not put someone in jail; that is part of the therapeutic process; but this is a County court situation; and Judge Silvernail is in the position to say this is a first time offender and he will not put him in jail. Judge Silvernail stated that is a decision he does not want to make at that time, because he does not want to look at a defendant the first time and say he is not going to put him in jail. Commissioner Ellis stated he understands, but there is only a certain amount of money for the Criminal Justice System, and inquired if they want to spend that money appointing Public Defenders for people who are not going to jail or put the money somewhere where it is going to count, because the Board makes a sizable General Fund contribution for the Public Defender to handle all the cases he keeps getting assigned.

Judge Silvernail advised the Public Defender's Office money is an effective allocation of funds within the Criminal Justice System; without the Public Defender's Office, it would be a monumental task for judges to process people through the system without representation; and it is convenient for the judges to appoint the Public Defender, knowing he is advising the individual of his or her rights, negotiating on behalf of the defendant, as opposed to doing that in front of the judge at an appearance.

Commissioner Ellis stated the taxpayers have to foot the bill when the Public Defender gets involved; with Judge Silvernail responding there are some abuses, but how would they discover those individuals who do have the resources. He stated the first question asked them is if they have the resources to hire a private attorney; there is no cross examination at that point; so who will check on it. Judge Moxley stated they take the information under oath, and the Public Defender appointment is an oath in itself, and they are subject to perjury prosecution. Commissioner Ellis inquired if the judges ever pursued it. Judge Silvernail inquired what mechanism is available to do that; with Commissioner Ellis responding the Clerk's Office. Judge Moxley advised most people who appear before them have not worked for a while, selling drugs, breaking into homes, and many times County court judges do not appoint Public Defenders and send them to felony court to find out whether or not they qualify, and many do qualify because they do not have jobs, a lot of debts, and got a felony second which is serious. He explained what he does with cases that are going to jail and those that are not; and stated they do dispose of cases without the Public Defender. Commissioner Ellis inquired if they are not going to jail for DUI's, why should they spend money for the Public Defender to try and get them off; with Judge Moxley responding a DUI has collateral consequences in the future; the second and third DUI becomes a felony; and the consequences are very serious. Judge Silvernail advised a DUI can have worse consequences than a third degree felony often does.

Mr. Russo advised Brevard County is supplementing his office at $300,000 a year; week after week he sends lawyers into County court with huge dockets; and a handful of those people are going to jail; 95% of the people he is representing are not going to jail; so he is being appointed to make the system work better, but yet there is a provision that could relieve him of 95% of the cases that are assigned to his office. He stated if that would happen, Brevard County and Seminole County would be off the hook to a total tune of $450,000. He inquired why is he in court with a box full of cases when only five of those people may be going to jail; and stated that is the question he keeps asking himself. He stated he did a study a number of years ago, and virtually every felony case where they are appointed, there was no doubt about the indigent status. He stated that was the case with misdemeanors as well; but his concern is sitting in court with a box full of cases and only a handful people going to jail, and there is a provision on the books that say he does not have to be appointed for the 95% of the people who are not going to jail. He stated if he does not have to do that, the Counties do not have to give him the money because his caseload will go down.

Commissioner Cook stated $300,000 that the County supplements is truly a State responsibility and should not be borne by the local taxpayers; and inquired if there is a way to address it; with Judge Moxley responding he does not know if there is a middle ground, and inquired if it would make a difference if the County court judges between the time of initial appearance and the final disposition of the case can look at it and make a decision it is not a jail case. Mr. Russo stated it would impact him slightly, but as soon as he is appointed, they open the file, generate the paper work, assign an attorney, and try to run those people down to have an interview. He stated after they have done all the work and it comes to court, that is when the judge says he is not going to put the guy in jail and his office is off the case; so if they want to do it, do it early on; but in Seminole County they do it as an ax handle to keep them from asking for trials. Mr. Wolfinger stated if they do not appoint a Public Defender, the judge or prosecutor could say put the guy in jail; with Mr. Russo responding at that time they can be brought in.

Discussion ensued on case scenarios among the Public Defender, State Attorney, and Judges relating to misdemeanors that do not go to jail, suspended drivers licenses, marijuana cases, etc.

Judge Moxley suggested putting the no jail statement item on the Agenda for a Judges' meeting to determine if there is some consensus. Mr. Russo stated he has been going to judges' meetings for years, and it always came down to let us continue to appoint the Public Defender because it works faster. Chairman Higgs stated if the Board decides not to give the Public Defender the $300,000, what would happen; with Mr. Russo responding he will get off the cases eventually. Chairman Higgs inquired if he would go into court and petition for the Board to pay for it; with Mr. Russo responding no, he would go into court and say he has more work than he can handle and request to be let off the cases; and they will come back to the Board. He stated if the caseload gets cut, then he would not have to do that. Mr. Wolfinger advised it is very efficient if the person is told by a judge, if they wish to enter a plea, he will not give him jail time, and if he does not, then they may have to appoint a Public Defender. Judge Moxley stated all the cases are not felony cases; there is a requirement to spend about 25 minutes talking to one individual about constitutional law in taking the no jail statement and proceeding; and that is a real problem, but they could talk about it and report back on that item.

Commissioner Cook stated he would prefer not to be paying $300,000 for this function, and if something can be worked out, it would be great. Commissioner Scarborough stated while they may try to speed things up, the judge has another burden which will slow down the operation of his court; and indicated his lack of knowledge about the operation of the present judicial system. Commissioner Cook stated the Board has asked the Chief Judge to look into it to find out if there is a solution to a legitimate question.

Commissioner O'Brien stated doctors today have televisions and video tapes to explain to patients the process before operations; and if the 25 minutes of constitutional law is about the same thing for 100 different people, they could do the same thing. He stated they could get ten people in a room and tell them to watch the video about their constitutional rights at the same time rather than one at a time.

Chairman Higgs advised the Board has made its inquiry and asked the judges to consider it; the Board is concerned about the $300,000; and that can only go up to make sure those people who need a Public Defender have that available to them. Judge Silvernail advised the judges sign Public Defender liens and he is not sure what happens to them; with Ms. Parker responding the civil circuit instituted a financial affidavit they are trying to get implemented; and the Board approved the request for proposal for a collection agency for every criminal and traffic fine, bad checks, etc. Discussion ensued on collections.

DISCUSSION, RE: ADDITIONAL CRIMINAL COURT JUDGE

Commissioner Ellis advised Mr. Tamman brought to the Board that it may be cheaper to add another judge than to increase the jail because it would increase the "through put", but there may be other factors involved.

Judge Moxley advised a new judge will create additional work because of sentencing options that were not there before and more Public Defenders and State Attorneys on board; however, it will have more efficiency. He stated the Board would have to deal with the Legislative Delegation on that because by virtue of their commandments the judges cannot get involved unless the numbers are there, and they are not. He stated the Constitution of Florida provides there are only two kinds of trial judges, circuit and county; it also provides they must be paid by the State; so there is no way the County could fund a judge; and it has to be state-funded and through the Legislature.

Commissioner Cook stated the State is responsible and should be paying for it, not the local taxpayers; it is questionable how much impact it would have; the County is nowhere near having a new circuit judge by the certification requirements; but he will support pursuing a request to the Legislature to see what happens.

Commissioner Ellis advised there was talk about eliminating the County and circuit judges' distinctions; with Judge Moxley responding that is a Constitutional revision that is going on right now. Judge Silvernail advised Article V Review Commission has addressed the issue and it appears they will not create one-tier trial court system at this time; however, there is tremendous pressure to do it at some point; and it would probably be a more efficient way to operate the judicial system. Commissioner Ellis inquired if it will require a referendum; with Chairman Higgs responding the Legislature can put it on the ballot as a Constitutional Amendment and not a referendum.

Judge Silvernail advised the new traffic hearing officer program will relieve some of the County court workload; they have identified the three persons they will hire; they will somewhat replace municipal judges and will save the people of the State and County a lot of money. Commissioner O'Brien inquired if that concept could be used for domestic violence cases; with Judge Silvernail responding under the law it could not.

Commissioner Ellis inquired about retired judges; with Judge Silvernail responding they have senior judges' allotments of so many days a year; they use them in pecking order for a sick judge, family emergency, and speedy trials; and if a sitting County judge is appointed as a circuit judge, the senior judge replaces him.

Commissioner Scarborough stated the County will grow and problems will intensify; the Board needs to understand how they conduct business, but beyond that it needs to plan for the County's security in the future; and regardless of the assurances that they will try to reduce the jail population, he hopes the Board does not move away from a referendum. He stated the quality of life depends upon having so many beds for people who are dangerous to have in the community; and it is not irresponsible for the Board to put something on the ballot for the community to decide. Chairman Higgs advised the estimated cost for one pod expansion is nine million dollars, not involving the thirteen million dollars for infrastructure needs; the budget Mr. Jenkins presented includes a decrease that could fund one pod expansion with several years of savings; and the County may be able to do a 240-bed expansion without having to ask the voters. Commissioner Ellis stated the Board could do that if it will cut somewhere else. Commissioner Cook stated the referendum is the way to go because the people should have input. He stated he has benefitted from the discussions today and appreciates the opportunity.

Commissioner O'Brien inquired, if in their experience, the judiciary thinks a separate Department of Corrections and Sheriff's Department would help or impede the system; with Mr. Russo responding he does not know anything about Orange County's system other than it is separate, but not if it is better or worse. Ms. Parker stated it is more programmatic and the budget is higher because of the programs. Commander Sands stated the budget for the Orange County Sheriff was $26,000,000 in 1987 and now it is over eighty million dollars.

Upon motion and vote, the workshop adjourned at 4:10 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA