March 25, 1999 (workshop/special)
Mar 25 1999
The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on March 25, 1999, at 1:00 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, Assistant County Manager Don Lusk, and Assistant County Attorney Shannon Wilson.
DISCUSSION, RE: JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Chairman Scarborough advised Judge Richardson will speak first as the Board does not want to deprive anyone of their right to justice. He stated after Judge Richardson will be Reports, and Assistant County Manager Don Lusk's remarks.
Judge Richardson stated several individuals will talk about a comprehensive approach to dealing with juvenile justice and juvenile crime in Brevard County; and from his point of view, as the judge who presides over the Juvenile Justice Court, he supports the comprehensive community approach to juvenile justice and juvenile crime. He advised he spent a year and a half doing dependency cases, which is the other side of juvenile court dealing with children who are neglected, abandoned, or abused. He stated there is a clear correlation between the dependency court and the delinquency court in terms of what causes a lot of those children to commit offenses. He strongly recommended the comprehensive approach to deal with the situation, in terms of enforcement, prevention and treatment. He stated this involves very complex issues; every case is different, but there are common threads in many of those cases; and the family is at the forefront of many of the problems that bring children before the court. He stated dependency involves different issues, but often the same children. He advised one of the startling realities of the juvenile delinquency court is the number of cases they have. He stated he was in felonies for eight years, and normally they would handle 1,800 to 2,000 assigned cases a year; but in delinquency court they had close to 5,000 cases last year and the year before. He stated it is a tremendous workload; one judge handles all of those cases from one end of the County to the other; typically arraignments are held twice a week on Tuesdays and Thursdays; and today they dealt with over 75 cases for arraignments. He stated there are up to 200 new cases coming before the court for arraignment each week; it is a time consuming job to deal with all the cases and to keep justice moving forward; there are many children with multiple cases; and that is not seen in the adult system. He stated it is amazing the number of children committing new offenses, and violating community control. He advised he just started working with the Department of Juvenile Justice; his experience with that group has been wonderful; and they are a hard working, dedicated group. He noted the Juvenile Assessment Center is an excellent idea; and all must do whatever they can to keep it in place. He stated there are ideas for expanding the use of the Juvenile Justice Center, and to get some of the children sent directly there rather than into court for evaluations. He stated he was a strong advocate of the Child Advocacy Center which is a wonderful place for dependency cases, and goes along with the comprehensive approach of involving various aspects of the community in one location, such as law enforcement, State Attorney, Department of Children and Family and counselors dealing with children that are neglected, abandoned, or abused; and the same approach for juvenile delinquency would be effective in many of the cases. He stated drugs and alcohol are a significant problem in the juvenile court, as well as the adult court; when he did felonies, at least 80% of the cases were drug related, either directly or indirectly; in the juvenile court, drugs and alcohol play a big part in why a lot of the children are before the court; so that is the major concern. He stated domestic violence is also a major concern in the juvenile delinquency court; 20% of the cases handled last year were domestic violence type cases; so that means often times the parents are the victims. He advised a lot of anger develops in broken homes; and children lash out and do not get along with step-parents, so violence erupts. He stated he wants to expand the PAY Program, which is the Prosecution Alternatives for Youth, operated by the State Attorney; it is an excellent program which he supports; and they want to expand it to include a more specific course on domestic violence. He advised Pat Bishop, his assistant, did some investigation on this and went around the State talking to various people who have domestic violence programs; and she came up with a fine program that she will handle until it can be expanded in the future, where the children can be referred to the PAY Program and get specific domestic violence type counseling, which is a specialized area of counseling. He stated if the people involved get into the cases, where the courts have found probable cause, then categorize the cases to see where the main crime areas are, they will know how to deal with those issues. He advised preliminary figures he received from the Clerk's Office indicate thefts and burglary crimes amounted to 48% of the cases last year, drug and alcohol related crimes about 20%, domestic violence close to 20%, simple battery due to drugs and alcohol, about 20%; and domestic violence close to 20%; sexual offenses are not a major problem, but were 130 out of 5,000 cases; and fire-related cases have gone down from 466 in 1997 to 188 in 1988. He stated how to prevent children from getting into altercations with parents and how to have parents be in control of their children are complicated problems; many of the cases involve situations where parents are out of control with their children who stay out at night, do not come home, and run the show; and parents come forward and ask for the Courts' assistance; but the only thing the Court can offer them is a temporary behavior order. He advised the order requires the children to go to school, treat their parents with respect, study, take medication, and commit no violations; if they violate the behavior order, the court can hold them in contempt; and if they are held for contempt, they can be put in security detention under the law, after other alternatives are evaluated, for up to 5 days for the first contempt charge and 15 days thereafter. He stated in most cases the children find the home is better than security detention and try to do better. He stated the Court uses that often, as it is an effective tool, because there is not a lot they do in the court in terms of locking people up as a penalty. He stated 5,000 cases is extreme for the Public Defender's Office staff to manage; staff includes a new Public Defender to work with Mrs. Sturgell, who has been there quite a while, and one assistant Lawrence Palmer; and they all do a great job in handling the tons of cases because most of the people qualify for the Public Defender's services. He advised the prosecution works well as they are fair minded; and everyone in the court has an attitude of looking out for what is best for the child. He stated that is the approach he takes; and he tries to explain to each child what the nature of the crime is and how the child can be punished in the adult system for the same offense, so it will hit home that it is a serious matter; and he runs the Court very formally. He stated there is no joking around; a dress code is maintained; dignity to the Court must be shown by all; and he believes it is going well so far.
Chairman Scarborough advised the Reports will be done at the end of the meeting; and suggested Don Lusk give his opening remarks.
Assistant County Manager Don Lusk advised the workshop is in response to a Board goal that was established in January; and that goal was listed as contributing to the communities efforts towards the resolution of identified community social problems. He stated the particular strategy was listed as conduct a County workshop to discuss the juvenile crime rate, and to identify initiatives to lower that rate. He stated today's workshop is an outgrowth of ongoing community efforts to improve the system that is already in place for children and youths, to appropriately deal with the problems before they occur, and to address some of the root causes to prevent those causes from recurring. He advised other than assisting the group in the community that has been putting the workshop together, staff's roll has been limited to support; and the credit should go to the Juvenile Justice Council, Children's Services Council, and Brevard Children's Action Network in putting the workshop together. Chairman Scarborough advised as far as time parameters, if one speaker moves faster that is fine, because the Board is here to find solutions.
Mike Bowen advised from the State Attorney's position they are seeing more violent crimes committed by much younger offenders; an example is the children who shot and killed their future step mother in Port St. John; and that is not an exception as it once was, but is typical across the country. He stated the problem they have is what to do with young offenders who commit violent crimes, and younger sex offenders because there are not enough programs that deal with violent crime or sex offenders who fall between the ones who need to be committed and the ones who can be on community control. He stated if there was a longer term commitment facility to put 13 or 14 year olds in beyond the typical time frame of three years, they could be kept in the juvenile system rather than the adult system. Commissioner O'Brien inquired if the State Attorney's Office would like to see a separate jail for juveniles, like a juvenile home; with Mr. Bowen responding there are separate facilities already for juveniles including commitment programs and the detention center. He stated the longest term commitment facility is a level 10; that typically runs from 18-36 months, 36 being the maximum they can be held there; but for certain violent crimes a 36-month stay in custody is not long enough from a prosecutor's point of view. He stated one thing the Legislature told them when the juvenile laws were revised in 1994 is to key in on punishment at least as much as rehabilitation, if not more so; one of the best punishment aspects is to put someone in a commitment facility, jail or prison for a serious violent crime; but three years is not enough for juveniles committing violent offenses; and they need longer term commitment facilities. Commissioner O'Brien inquired if they have called the neighboring counties to see if Osceola
DISCUSSION, RE: JUVENILE JUSTICE AND DELINQUENCY PREVENTION
and Indian River Counties will be able to participate with Brevard County financially to build one unit to serve all three counties; with Mr. Bowen responding part of the problem is the State Legislature sets the time frames in the commitment levels and the amount of time that can be spent in those levels. Mr. Bowen stated there is some leeway within the Department; and Mr. Lovell can address that later. He stated the Statutory time frame for a level 10 is 18 months to 3 years, with a 1 year follow-up on community supervision. Commissioner O'Brien inquired if Mr. Bowen is saying the County lacks a facility, or the proper facility to allow for a longer stay; with Mr. Bowen responding it would not only necessitate construction of that facility, but a change in legislation. Commissioner O'Brien inquired if there are many youths who fit in that category of committing a violent crime; with Mr. Bowen responding about 100 or less. Commissioner Carlson inquired where do the level 10 children go; with Mr. Bowen responding if they stay in juvenile and are committed to a level 10 facility, they stay in a detention center until they are placed in a treatment program, wherever that may be. Assistant County Attorney Shannon Wilson stated the facilities Mr. Bowen is talking about for juveniles are State-funded facilities. Commissioner Carlson inquired where are the long-term facilities in the State; with Mr. Bowen responding Dozier and Okeechobee. Commissioner O'Brien inquired what is the problem if there are two long-term facilities; with Mr. Bowen responding some of the juveniles, because of the nature of the crimes they commit, need to be locked up for more than three years in a secure facility; and State legislation only allows three years. Commissioner O'Brien inquired if Mr. Bowen feels Brevard County should build a long-term facility; with Mr. Bowen responding he is not saying Brevard County should build it; he was asked to speak on issues that need to be addressed; and that is one of the issues that needs to be addressed. He stated perhaps the Commission could address it through the Legislative Delegation.
Commissioner Carlson inquired if the children who killed their future step-mother could be candidates to go to a level 10 facility; with Mr. Bowen responding they did not feel it would be appropriate due to the short period of time. He stated for the type of crime that was committed, even if they stayed the full three years, it would not be long enough for them to be punished. He stated one of the problems is that type of an offense, because between indicting them as adults, potentially facing life sentences, and three years in a juvenile facility, there is nothing, unless they can get into the adult system and fashion some type of agreement to come up with something in between. Commissioner Higgs inquired if juveniles are convicted in adult court, could they receive life in prison; with Mr. Bowen responding they can receive life. Commissioner Carlson inquired where would they go; with Mr. Bowen responding they could go back to the Department of Juvenile Justice facility for a period of time, and then be transferred into the adult system once they reach a certain age to finish their sentence. He advised the Department of Corrections' system is graduated, so as they get older they would gradually move into different facilities; at age 19 they would transfer to the adult facility in a youthful offender facility and stay there until they turn 25; and then they would go into the regular prison system.
Mr. Bowen advised the other area the State Attorney's Office has been active in is prevention; and the problem needs to be attacked from the prevention standpoint at a very early age, at pre-school and elementary levels. He stated a lot of the children are at the point where they will not be reached; the likelihood is less once a child gets to junior high school; and the need is to focus on prevention at an early age and more education. He stated they need programs that can go into the homes and deal with the issues when children get into trouble and go to court, like breakdown of family, emotional problems, educational problems, and poverty. He stated most of the time it will not be addressed until they get into the system; there are a lot of good programs out there; but funding is needed. He stated the programs need to be comprehensive to address all areas; and coordination and cooperation between different agencies and existing programs are needed. He advised Crosswinds and the other groups and agencies that are providing some of the prevention services have a tremendous amount of interaction and cooperation, unlike most of the other counties in the State. He stated he was part of the group that set up the original planning on the Juvenile Assessment Center; and he sees them doing primarily assessment, planning and coordination of the programs and services that are needed for each juvenile who comes through the Center. He stated it is intended to be an information gathering and storage central proceedings facility for all juveniles who commit crimes.
Commissioner O'Brien inquired what does the State Attorney's Office wants the Board to put into the Legislative package; with Mr. Bowen responding it is difficult to put into words. Commissioner Voltz stated it is something that can be worked on. Commissioner O'Brien advised the State Attorney wants the language of the law changed. Mr. Bowen stated he wants to explore a change in Statutes that would allow a longer time of commitment than three years for those juveniles who qualify because of the nature of the crime they commit or factors in their background that would warrant such. Commissioner O'Brien inquired what else can the Board do; with Mr. Bowen responding look more into prevention programs. Mr. Bowen advised if the crime problem is to be stopped in Brevard County, it needs to be dealt with at a very early age; and the way to do that is put the money into prevention as much as possible. He stated several legislators are reluctant to do that because it is hard to quantify a prevention program into success. Commissioner O'Brien inquired if the Board should start researching a second center more centralized; with Mr. Bowen responding possibly an assessment center in the South end because that is where the population base is and most of the numbers are coming from. He advised it had also been discussed having some means of transportation between North and South; with a cooperative agreement through the agencies or the Sheriff's Office.
Public Defender J. R. Russo stated the Public Defender's Office handles the juveniles who either cannot afford an attorney or whose parents cannot afford an attorney. He stated the cooperation is excellent in the juvenile court system; and it is one reason so many cases can be disposed of efficiently. He stated when juvenile court first started, it was an institution that was designed in the best interest of the child; what has happened is society is now emphasizing the punishment aspect of juvenile court; and that creates a problem for defense attorneys in the juvenile justice system. He stated they can cooperate with all the other agencies if the best interest of the child is being addressed; but making the punishments more severe, makes it more difficult for the Public Defender's Office to cooperate with having them pushed through the system at the speed at which they are presently. He stated it is telling the defense attorney to plead the cases; the best interest of the child is now secondary; if they are going to a level 10, it
DISCUSSION, RE: JUVENILE JUSTICE AND DELINQUENCY PREVENTION
will no longer be three years because the legislation will be enacted to make it six years; and it will be more difficult for the defense component to work towards those issues that are in the best interest of the child. He stated the more it goes towards severe punishment, the less cooperation there will be amongst the agencies. He advised a number of the juveniles proceed to adult court; and the penalties are getting more severe. He stated the prevention should address the parenting because much of prevention is to educate the parents as much as the children. He stated juveniles are all different; and they need customized dispositions. He stated the vast majority of the juveniles have a problem coming up with funding that may be necessary to proceed with the programs.
Commissioner O'Brien stated the general public perceives, after years of being kind to juvenile criminals, they would commit another crime; the public is fed up with it; and recommended taking the children off the street, and keeping them there. Mr. Russo stated it will cause the cooperation to change a bit, either for the good or bad. Commissioner O'Brien advised something needs to be done because what has been done over the years has not worked. Mr. Russo stated for the hard core juveniles, the State Attorney's Office can direct files on or take to the grand jury and adult court. He stated there may be a mechanism to keep juvenile court a little purer, as it used to be, by getting the hard core people into adult court.
Rod Love, Division Manager for Department of Juvenile Justice, introduced Executive Director of Crosswinds Jan Lokay, and Program Administrator Teresa Ponchak. He stated he is elated by the audience to discuss juvenile justice issues. He stated they are responsible for maintaining public safety; and the Department of Juvenile Justice needs assistance in resources. He advised he returned last night from a conference in Minnesota on juvenile justice issues where he listened to what is happening to the Country; and he came to the realization that in Central Florida it is really good. He stated California does not know what to do since its juvenile crime rate is so high. He stated good prevention programs meet all of the criteria to help all those at risk neighborhoods, single parent families, and poverty communities; learning the things they need to learn at home first and the external support from the Boys and Girls Clubs, Police Athletic Leagues, and churches makes a difference; and prevention is a good cost savings. He stated without the Board's support, there would be no Juvenile Assessment Center in Brevard County; the community needs to know its leaders are stepping forward; and the Juvenile Assessment Center is an interracial piece of what goes on in the community and a link to identify the needs of those children. He advised District 7 is 2nd to last in the State as it relates to its share of mental health dollars; and Senator Toni Jennings said that she would push for approximately $8,000,000 in equity money for District 7. He stated they need to identify issues as to why the children continue to go in and out of the doors; and if an aggressive approach is not taken to deal with some of the issues, there will be serious problems in the future. He advised the children have a waiting period before they go into treatment programs, after they have been dispositioned by the court; it can range from a month to three months before they observe the consequences of their actions; and he cannot believe those children will understand what they did was wrong.
Executive Director of Crosswinds Jan Lokay stated prevention can be defined in many ways, and takes many forms. She stated within the context of the juvenile justice system, prevention refers to those efforts which help prevent a youth from entering the system as a delinquent, or prevent a youth from continuing to commit crimes and proceeding further into the system. She advised youth can be identified as being at risk of delinquency through their behavior and environmental factors; and according to current searches, those factors include things like school failure, poverty, family problems, and substance abuse. She stated patterns of behavior that demonstrate a child is at risk of entering the system include running away from home, habitual truancy from school, and extreme parental disobedience. She stated the Department of Juvenile Justice and the Florida Legislature have designated the Florida Network of Youth and Family Services to provide a vast array of delinquency prevention services throughout the State of Florida; in Brevard County Crosswinds has been designated to provide continuing services for families and children in need of services; and the definition found in Florida Statutes, Chapter 94 is a family with a child who has begun to exhibit at risk behavior so extreme that the child is beyond control of that parent or parents. She noted these behaviors are often referred to as status offenses; and they apply only to children. She stated the delinquency prevention services provided to youth and families in Brevard County range from centralized intake, a component which provides services as a first step in finding solutions to the youth and family's problems, through screening, assessment, and intervention services. She stated this component includes 24-hour crisis and information referral line, which allows law enforcement, families, youth, and others in the community to access services and assistance around the clock. She advised a crucial component is the emergency shelter which is accessible at no cost 24-hours a day for runaways, homeless, and youth in trouble. She stated the community counseling or non-residential services component of the delinquency prevention services provides intensive family intervention; and the intervention that is necessary to keep families intact and minimize out of home placements includes such things as counseling, referral, case management services, and specialized truancy services. She stated many organizations are working together to address truancy on a community level; there is a strong link between truancy and juvenile delinquency; and two intensive programs to prevent juvenile delinquency are the Rainwater Center for girls, and an independent living program. She stated people using those programs are the most highly at risk of further penetrating the juvenile justice system or becoming adult criminals. She stated all the people who come to Crosswinds are affected by at least one risk factor; and Crosswinds works to reduce those risk factors by strengthening the protective factors. She noted such protective factors include promoting positive bonds in the family, encouraging success in school, and helping youth build strong bonds with schools and churches. She stated the number of youth in need of delinquency prevention in Brevard County has increased; and in the last few years alone nearly 1,200 youth have been admitted into the shelter. She stated juvenile crime and its prevention is a community problem; and it will take the community working together to solve the problem.
Commissioner O'Brien inquired how many youth come from single parent homes; with Ms. Lokay responding approximately 40%. He inquired if there is a gender bias; with Ms. Lokay responding it is about 50-50 in girls and boys. He inquired if there is a race bias; with Ms. Lokay responding 70% are white, 25% black, and there are increasing numbers of Hispanic youths. Commissioner O'Brien inquired what is the average stay at Crosswinds; with Ms. Lokay responding the average stay is 5 days; and they work intensely as soon as they come into the shelter to reunite them with their families, and are successful doing that. She advised 90% of the youth that come to Crosswinds are reunited with their families or some other good living arrangement. Mr. Love inquired if Ms. Lokay would tell the Board the number of domestic cases that are filed every year; with Ms. Lokay responding at least 15%.
Program Administrator of Juvenile Justice Center Teresa Ponchak stated as of March 1, 1999 there were 2,088 children in Brevard County on some type of Juvenile Justice caseload; out of that 1,100 are in intake status and are pending court; 630 are on community control, with a court order; 186 are in commitment programs; 40 are waiting to go to a commitment facility; and 187 have come back from programs, either on post commitment community control or an aftercare program. She stated it is proof that the partners in Brevard County can come together and work for the good of the children of Brevard County. She stated on December 14, 1997 the Juvenile Assessment Center opened its door; and as of this morning there were 180 children who came through the doors in March; and each month it gets greater. She stated they are open from 8:00 a.m. until 11:00 p.m., Monday through Friday, and do not count the children who came through the detention center or at-large children; and they will average 350 new cases a month. She noted 12 children were severe enough with substance abuse that they were referred to the Addiction Receiving Facility in Orlando; they all did not get in that night; and one child has been waiting two weeks to get in. She stated in January and February 1999, 24 children were identified as needing psychological evaluation. Commissioner O'Brien inquired if the 24 children identified as having serious mental problems were in school; with Ms. Ponchak responding some were and some were not. Commissioner O'Brien inquired if they all were diagnosed earlier; with Ms. Ponchak responding no. She stated by working at the Juvenile Assessment Center she sees the family in the heat of the moment; and one or both parents may be in denial that the child is having problems. She stated Crosswinds office is in the same building as the Juvenile Assessment Center; and if she feels a youth is not a delinquent, she can work with her partners on a diversion program such as Crosswinds. She stated out of 15 cases she reviewed this morning 3 of them were 12 year-old children; one she is trying to get to the Addiction Receiving Facility because of regular marijuana use; and it is easier to work with a family that comes down to the center and argues with her a little because at least she sees what she is dealing with. She stated girls are a lot more violent than they used to be; girls used to shoplift, but now they commit battery, burglaries, and possession of firearms; and a high number of those girls would have been sexually abused. She advised Brevard County is a community that is aggressive in working for children; and now the County has the Juvenile Justice Center, it will to start gathering information on how many children are from single parent homes, smokers, and teen parents.
Commissioner O'Brien inquired if the Juvenile Justice Center is not open on Saturday because there are less juveniles being arrested, and if the hours they are open now are appropriate for the mission they have; with Ms. Ponchak responding she believes the center should be open 24 hours a day, 7 days a week; and they are not because they do not have adequate staffing. She stated by 9:30 a.m. there are children arriving at the center; and children keep arriving until they close the doors at 11:00 p.m. She advised 8 to 10 children a day come through the Juvenile Justice Center. Commissioner O'Brien noted the Board wanted the Juvenile Justice Center to be opened 24 hours a day 7 days a week. Ms. Ponchak advised that is their goal; but The Department of Juvenile Justice has a responsibility to screen children for detention services 7 days a week, 24 hours a day.
Commissioner Higgs inquired if there is any hope that the Department will be adequately funded by the State this year; with Mr. Love responding the Governor's recommendation is a 6% increase, which equates to approximately $39,000,000 additional dollars for the Department from the State. Mr. Love stated they have been successful in getting resources over the last few years because their partners are stepping to the forefront; and they are doing things that have not been done in the past because they are coming together as partners. He advised they cannot solve all the problems as one agency, but when they partner with the other agencies, they make some progress. He stated in the Governor's and Senate's budget recommendations, the Juvenile Assessment Center funding from the State remains the same, but the House has recommended cutting in general revenue by 1.5 million dollars, and having local governments support the Juvenile Assessment Center. Commissioner Voltz advised she spoke with Senator Kurth who said it will be hard for them to cut any money from the Department of Juvenile Justice. Commissioner Higgs inquired if Commissioner Voltz spoke with anyone on the House side; with Commissioner Voltz responding Brevard County's funding is good. Mr. Love expressed his appreciation for all the partners have been able to do; but stated they need to take a more aggressive approach to securing Federal dollars.
Sheriff Phil Williams introduced Chief Chandler with the Melbourne Police Department, Lieutenant Mike Wong from the Sheriff's Office who is in charge of Community Policing, and Deputy James Willoughby who is assigned to the School Resource Officer Program. He stated the Commission should be applauded for having a workshop on this subject and bringing everyone to the table. He stated the Sheriff's Office has a two-fold role, which is the prevention and enforcement. He advised the traditional roles of just prevention, riding around in the car and moving children back home or arresting them have been broadened in Brevard County in the past few years, due to cooperation of the law enforcement agencies, Commission, and City Councils. He noted Brevard County is taking tremendous steps, such as the Juvenile Assessment Center, and in a short time has done a lot of things for law enforcement. He stated the Center is inconvenient for every deputy who works north of SR 520, but if it was north of SR 520, it would be inconvenient for every deputy who works south of there. He stated it is a tremendous resource for them, as it is returning officers to the street much more rapidly; but more importantly, it will give an accurate picture of the problem. He advised of the gang problem in the south end of the County; and stated the north end of the County has vandalism and theft problems. He stated it is a filtering system for the whole County; due to the cooperation of all of the partners, juvenile crime has gone up less in the past three years; and what has changed is the cooperative effort of the partners. He stated Brevard County cannot depend on federal or State government to solve the problem; and everyone needs to work together. He advised the age of the offenders is going down; ages 9-14 account for the largest increase; and the female offenders are more frequent and more violent.
Sheriff Williams advised the School Resource Officer Program began in 1997; the SHOCAP Program officers track the most habitual offenders; Police Athletic League helps 300-400 children in the unincorporated areas; and all have geared up in the past 2-3 years. He stated the prevention area outcomes can be measured; and having activities, good families, and support of the family unit will result in children who never get in trouble. He stated some juveniles are criminals; that is why the Sheriff's Association has argued for juvenile prisons; and someone would be just as dead if the gun trigger was pulled by a 16 year or a 60 year old. He stated they need to concentrate on the ones they can salvage.
Chief Chandler stated the people have the right to expect to walk the streets, go to the schools, and visit the mall without fear; but there is a very small percentage of the juvenile population that does not hold that same belief. He advised in December 1997, Commissioner Higgs joined him for a joint meeting to deal with that issue; and during that time, Commissioner Voltz worked tirelessly, and against tremendous opposition, as the point person on the Juvenile Assessment Center. He stated at the conclusion of that meeting, they agreed there was a juvenile problem that needed to be addressed or it would get worse. He stated the offspring of the baby boomers are at the threshold of the crime age; and there may be an increase in juvenile crime. He stated what scares him is that increase will be violent; and things need to be in place prior to that happening. He advised the good children have a right to expect to live without fear; people in positions of authority have a responsibility to assure them as best they can; and citizens have the right to expect, as they go to work, they will come home and their houses will not be broken into. He stated there are children who are not in trouble and will never get in trouble, children who are at risk who will probably get in trouble, but can be turned around, and a small group of children who are problems and will be until they are put away in prison. He advised he would like to be part of the process that short-circuits that. He stated without comprehensive Countywide strategy in addressing today's juvenile crime problems, and the real potential for tomorrow's aggravated juvenile crime problems, they will still be wrestling with those issues several years from now, and will not be near achieving a solution. He stated he hopes the County Commission goes forward, and develops a body to establish a comprehensive strategy.
Lieutenant Mike Wong advised Camp Champ is to keep children away from the system; and the first time the program was implemented it targeted at-risk children, primarily from low income housing. He stated they want to be positive role models to instill life skills that will help children later as they grow up; and today, through the home, they may not have the chance to have those experiences if everyone does not come together and share their ideas. He stated this year they are starting Camp Champ again; and are starting at age 6 years old because that is an age they are seeing influences within society and the community; they are targeting ages 6-16; and they will have positive role models, such as professional athletes. He stated there is an array of activities and education to help the children, and measure the impact that they have.
Commissioner O'Brien stated Brevard County happens to be the residence of many professional athletes; and the ones he has spoken with would be more than happy to talk with the children or participate in the programs. He advised on Merritt Island is the retired center for the Jets; and 3 or 4 famous athletes live in Melbourne. Lieutenant Wong advised he will stop by Commissioner O'Brien's office to get a list of names. Commissioner O'Brien stated he will be happy to work with the Sheriff's Department.
Deputy James Willoughby advised he has worked in the schools for the past 5 years; he was a DARE officer 3 years, and the last 2 years he has been in the SRO Program. He stated he has worked with children from kindergarten through 8th grade; and can tell who is going to make it and who is not if no one intervenes. Commissioner O'Brien noted the DARE program has come under attack in the past few years, and has been an unsuccessful program. Deputy Willoughby stated he disagrees with that statement; it has been a very important program; but if he does not have the cooperation of the parent, it makes it hard for the children to listen. He stated children tell him they still have their DARE certificates on their walls; they talk about what they learned in DARE; and he believes in the program. Chief Chandler advised at the Florida Chiefs' local meeting they discussed DARE at length; and there are some police chiefs in the State who may not think that DARE is the type of drug prevention program that law enforcement should be using; but it does not matter what type of drug education program law enforcement does over the short-term. He stated what the people who are discouraging DARE are forgetting is no program in isolation is going to be successful when there is such a short degree of contact with at-risk individuals. He stated that is why it is so critical that they develop a comprehensive strategy that attacks all of the issues involving this problem with children.
Commissioner Voltz stated Brevard County had a drug task force in cooperation with the cities; and inquired what is the possibility of putting together a juvenile task force in cooperation with the cities to address some of the serious crimes; with Sheriff Williams responding he is not sure the plan of attack is for one particular crime or the gang situation. Commissioner Voltz stated all law enforcement agencies would get together to see if a juvenile task force would be something to focus on. Sheriff Williams stated the information on the Juvenile Assessment Center is going to draw everyone's attention. Chief Chandler advised in the past year or so he created a division within the department that deals with juvenile crime and juvenile victimization; and Palm Bay and the Sheriff's Department have done the same thing. He stated they all work closely together; and there is not a day that goes by that the Gang Team in Palm Bay does not link with the Sheriff's investigators. He advised he has lived in Brevard County for 14 years, and has never seen the cooperation as good as it is at the present time. Commissioner Voltz inquired at what point would they decide to try to get a juvenile task force together; with Chief Chandler responding they are doing planning and visioning, and are aware of what the experts say is on the horizon; and individually and collectively they are working to make sure when it does get there, they are prepared for it. He stated if at some point they need to take a look at reconvening the stand-alone task force, he does not think there will be any problems with any of the Chiefs in Brevard County doing that.
Commissioner Carlson inquired what are the environmental factors that fuel the gang activity in the South area of the County; with Chief Chandler responding it is still drugs and turf; and to a lesser extent community group competitiveness. He advised there are children in the central part of Brevard County who come into the South end causing problems and vice versa, just because they are not from that area.
Superintendent of Schools Dr. David Sawyer stated he would like discuss juvenile crime in Brevard County and how it relates to the school system. He introduced his Chief of Public Safety Jack Sidoran, and the Area Four Superintendent Ron Bobay. He advised they have 28 school resource officers, one on every campus in the District; there are 3 truancy interdiction officers with three police jurisdictions, and three attendance officers; and there are two issues to be concerned about, and one is attendance. He advised if young people are not in school, they are somewhere else; and that contributes to the kinds of concerns and circumstances that lead to various kinds of criminal activities by youth. He advised the other is the behavior of the students when they are on the campus; and some students do not behave themselves in school any more than they do out on the streets. He advised the objective in Brevard County Schools is to provide a quality educational experience for all of the children, but it has to be in a safe and secure environment. He stated many surveys over the years showed the parents number one concern about their children in the school system was safety and security of the school. He advised attendance in Brevard County, the State of Florida, and the United States is not good; in Brevard County there is a 7% absentee rate, which means there are approximately 4,700 students every day who are not in school; and half of that number is unexcused. He stated there are requirements from the State of Florida that if a child misses so many unexcused days he loses the opportunity to make academic process in his courses; and once he loses the opportunity to succeed academically, he loses his motivation to behave; and they are very concerned about those kinds of issues. He advised Deputy Superintendent Dan Scherer has started a group to address the whole set of policies related to attendance to see if there is something that can be done to encourage more students to be in school, and also to encourage those who may have been absent to continue to make their best effort when they are in school. He advised their position is they will not tolerate any acts of violence or threats of violence; as a result, there are a number of alternative sites for the students to remove them from school and try to meet their needs elsewhere; however, some of the recommendations in the future will address some acts that are perpetrated on school campuses that may lead to loss of a student's opportunity to continue their educational experience. He advised now a student who is expelled in Brevard County for any reason is eligible for alternative school; but there is discussion that some acts, such as a threat of violence against a teacher, if it does not lead to incarceration, should disqualify a student from attending alternative school; and the School Board stands ready and committed to assist in any way it can.
DISCUSSION, RE: JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Commissioner Voltz inquired if the School Board is thinking about going towards removal of a student for aggressive behavior, what does it propose to do with those children; and stated they need an education and cannot be just dismissed from the human population. Dr. Sawyer stated they have the responsibility to protect the environment of the schools from students who do not behave themselves. He stated the sad thing is many of the children go home to unsupervised environments.
Commissioner O'Brien inquired if the Resource Officers have been effective; with Director of Public Safety Jack Sidoran responding there is no question having those police officers in the schools has been effective. He advised one of the things that happened last year that has not happened this year is the high aggressive kinds of behavior, such as battery; and the reason is because the School Resource Officer is present when it happens. He stated there is a misconception that the Superintendent is not interested in having crimes reported to the police; but not only do they want the crimes reported to the police, they have entered into an agreement with the police department that they will report every crime. Commissioner O'Brien inquired if the Resource Officers patrol all day; with Mr. Sidoran responding about 60% of their time is spent in the area of direct supervision, such as cafeteria time when large groups of students are together; 20% of their time they spend counciling students; and 5-10% is for in-service training with teachers, or being in front of a class teaching law related classes. Dr. Sawyer stated the uniform is a substantial deterrent. Commissioner O'Brien inquired if he feels the School Board, instead of paying one-half, should pay the full 100% for School Resource Officers; with Dr. Sawyer responding the State of Florida could do more in funding various incentives in the aspects of public education; and the safe school funding is inadequate to do that. He stated he would support that if the funds were there.
Commissioner Voltz stated her belief is that School Resource Officers should start in elementary schools instead of waiting until middle school. Dr. Sawyer stated they rely on DARE officers to provide some visibility and opportunity for interaction with police officers in the schools, and believe the DARE program is effective. He stated he would have a difficult time supporting an officer for every elementary school as many of the schools are very small. Commissioner O'Brien stated he is questioning the funding not the program. Dr. Sawyer stated 50% of the funding for the County seems to be appropriate.
Beverly Goering stated in July of 1990 the State Legislature passed the Street Terrorism Enforcement and Prevention Act; that gave each judicial circuit the opportunity to develop a Juvenile Delinquency and Gang Prevention Council; and their purpose was to develop a juvenile delinquency plan, approve funding for applications, and coordinate and work with the Department of Juvenile Justice. She stated the Brevard Juvenile Delinquency and Gang Prevention Council met for the first time in October, 1990 and has been in existence since that time. She stated after the Martinez Act passed in 1993, they got the formal appointment to be the Juvenile Justice Council; and since that time, the membership and presence in the community has grown. She stated the Martinez Act also created the Juvenile Justice Board for each of the 15 Juvenile Justice Districts; each juvenile justice council has members on the Board; and Brevard County has four representatives. She advised the purpose of the council is to provide a forum where they can talk about the Juvenile Justice System, develop a County plan for dealing more effectively with juvenile delinquency, and make recommendations on how they can have existing resources to work together in a better way. She stated the most important function and the result of the birth of the Council is the many partnerships, collaborative efforts, and comprehensive efforts that have resulted from working and growing together. She stated the Juvenile Assessment Center became possible through the juvenile justice law that was passed in October, 1994; by April, 1995 a committee was established for the assessment center, and the first letters were written to ask for support from the Police Chiefs Association and State Attorney's Office; in approximately October, 1996 it was turned over to a steering committee; and thanks to them, Brevard County now has a Juvenile Assessment Center.
Debi Davis with the State Attorney's Office stated their primary goal is to raise community awareness. She advised every year the Council is responsible for developing legislative budget proposals; and they established the legislative and budget committee. Ms. Davis inquired if there are any questions about the Council. Commissioner O'Brien inquired why the ARP cannot be part of the Juvenile Assessment Center; with Ms. Davis responding they can be; and in Orange County it is part of that. Commissioner O'Brien inquired why it is a separate service when it is part of the same program; with Ms. Davis responding it provides substance abuse treatment and services whereas the Juvenile Assessment Center receives arrested children and provides mental health services. Commissioner Voltz stated it is under the same umbrella as the Department of Juvenile Justice, but is a different program. Commissioner O'Brien stated the Juvenile Assessment Center screens the juveniles; and inquired if there are programs in place for detoxification; with Teresa Ponchak responding the Department of Children and Families has the responsibility for the alcohol, drug and mental health planning for a community. Ms. Ponchak stated the Orlando Juvenile Assessment Center receives some funding from the Department of Children and Families since they have a receiving facility; and they want to show the need Brevard County has for an addiction receiving facility so they can go to the Department of Children and Families for funding.
Children's Services Council Director Randy Mutter stated he will be speaking on behalf of Eric Jones from the City of Jacksonville and Cassandra Jenkins, Bureau Chief, Department of Juvenile Justice, who are unable to be present. He stated many of them have worked to develop a community collaborative; and it has been presented by the development of the Brevard Children's Action Network, which is a group of 104 people representing over 60 agencies. He stated the goal of his presentation is to introduce the Commissioners to the detailed principles and foundations of the comprehensive strategies; the comprehensive strategy is a community focus approach which is very specific and designed to be tailored specifically for Brevard County; and it is research-based. He stated it is based on 30 years of quantitative empirical data and sociological and physiological study conducted by the finest universities in the United States; it is an approach that deals with juvenile delinquency that does two major things; and it builds on and unifies the efforts of all service providers and all programs in the community that are already present. He stated it also integrates a full spectrum of prevention and juvenile justice services; and it allows them to use their network to develop the right resource for the right child, for the right time in his or her life. He advised there are two sets of four principles of comprehensive strategy; and they are based on prevention and graduated sanctions. He stated in terms of prevention, the focus is on strengthening the family. He stated they want to support core social institutions like school systems, mental health systems, and health provider systems; and encourage the juvenile justice system, law enforcement, judiciary, State Attorney's Office to work together and provide the support they need. He advised it is much cheaper and far more humane to prevent the child from becoming a delinquent than it is to incarcerate or punish the child. He stated it takes $33,000 a year to house one inmate at the Brevard County Correctional Facility; and they know prevention saves dollars. He stated if they intervene immediately for those children who cross the line that prevention does not reach, and if they act effectively and appropriately, based on a graduated scale, given their histories and issues they are dealing with, then they are likely to diminish their return to the juvenile system. He stated if they identify and tightly control that small group of serious violent chronic offenders, they will eliminate their negative impact in the community. He stated there are two sets of predictors that they can deal with, risk factors and protective factors; and risk factors are defined as those conditions that increase the likelihood of a youth dropping out of school, and/or becoming involved in substance abuse. He stated the risk factors are present throughout the entire developmental continuum of the child's evolution as an adult and begin at a very early age. He advised they know, from brain development research, children who are not stimulated or do not bond with their parents between the ages of birth and 3 years cannot develop the mechanisms to develop conscience, and trust, and are at high risk of becoming chronic offenders. He stated the mechanisms work in similar ways across race, gender and economics. The risk factors are community, availability of drugs, availability of firearms, and poverty. He stated if the family had a history of a problem behavior themselves, that is the role model the children grow up with. He advised early and persistent anti-social behavior occurs if there is stress and conflict going on in the home with that child; if academic failure begins in elementary school, it is a prime predictor the child will not be able to compete and learn in school; and he will feel the peer pressure and will likely drop out. He stated if a child is alienated, has extreme rebelliousness, or hangs out with friends with problem behavior, he is very high risk.
Mr. Mutter advised the protective factors like the risk factors are based upon research, the same quantitative methods, and long-term studies. He stated they are influenced by community, by the programs represent at this meeting, and the individual and family members. He advised the protective factors are extremely important throughout the development of a child's life, and can be enhanced in formal programs heard about today; healthy beliefs and clear standards are examples of those protective factors; and they can communicate this clearly. He advised there are 11 known gangs in Melbourne; and if the adults do not give young people attention, someone else will, such as gang members. He stated the benefits of the comprehensive strategy can be duplicated and not done from scratch; and it is a theoretical basis for prevention based on research. He stated they want to bring in the churches, groups, community, government, non-profits, and the business community; and they offer short-term and long-term solutions to juvenile delinquency and the violence that occurs. Commissioner O'Brien noted this saves resources that can be reinvested in cost effective front-end programs; and the Board will need an accountability that tells the amount of juveniles taken in and how much was saved. Mr. Mutter advised what is being offered is the ability to do that; some of the issues will not be an immediate turnaround; but the programs they will present to the Board are the offering as a community. Commissioner O'Brien stated it looks like a good plan, but the Board wants accountability, to know where the money has been saved. Mr. Mutter requested the Board join them as providers in the community to help and give some guidance.
Leigh Holt of Brevard County Children's Action Network stated she is here as a parent and member of the community, not representing provider agencies. She stated she has a 14 year old who told her a week ago that half of the children in his school do drugs; she intervened in a suicide attempt on campus; and it is very real to her. She stated she is a parent of a 7-year old who is adopted, and was in the foster care system for six years; her mother was 13 when she was born; and she was abused by a teen mom. She stated she has a 3-year old who is also a foster child with the same mom as her 7-year old; and that mom is now 22 and has had 4 children. She advised comprehensive planning is very important to address those issues; and it will allow better utilization of the dollars. She stated it is not always necessary to put more money into everything, just do a better job of using the dollars; and outcome measures are important. She stated there are 19 risk factors that are proven from years of research; if they have one or more of the risk factors, they are potentially at risk for teen pregnancy, crime, etc.; and the community needs to gather information to measure those 19 risk factors in the community. She stated 1 in 5 children who start kindergarten do not have the social or academic skills to succeed in kindergarten. She stated comprehensive strategy puts the community in a position of being able to ask for additional dollars when needed, and access resources from private, State and federal sources; so they do not have to come up with them on their own. She advised there are several people and groups that are ready to go, but they need some help; and that is what they are asking the Board to do. She stated they need a staff person who can be the coordinator to keep the community on task. She stated the development of community goals can be accomplished in 12-months; and they can begin to implement those goals and the programs they will need to accomplish those goals.
Teresa Ponchak with the Juvenile Justice Center stated the Department of Juvenile Justice would pick up office space cost, take care of the telephone, and bring that as a support to a staff person position.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue efforts to be a collaborative partner in the planning and implementation of a comprehensive strategy for juvenile crime prevention in Brevard County. Motion carried and ordered unanimously.
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to endorse the efforts to produce a comprehensive strategy plan for serious, violent, and chronic juvenile offenders in Brevard County. Motion carried and ordered unanimously.
Chairman Scarborough inquired if the Board would like to fund the comprehensive strategy plan out of the contingency fund; with Commissioner Higgs responding she is willing to move forward, but if they are going to take on the comprehensive strategy, it must be embraced by the Board, and be directly under Assistant County Manager Don Lusk. She advised she would move it under the condition that it is directly under the Assistant County Manager, Don Lusk, and continues to involve the Commission. Chairman Scarborough advised the money is in the contingency fund, and the Board should get the ball rolling. Commissioner Higgs stated the plan has come back to the Board in a year because the same Board will be sitting. Assistant County Manager Don Lusk advised of the need to approve the dollars, the position, and a budget amendment. Commissioner O'Brien stated the Board should talk to the State Attorney's Office, Department of Juvenile Justice, Law Enforcement, and others and have them also on the table as a part of this financially; and the School Board should also be a financial partner as well. Commissioner Voltz stated the Board will work towards that in the next budget year. Commissioner O'Brien stated he does not like carrying a load like that. Commissioner Voltz stated she does not care if anyone else supports the plan or not; with Commissioner O'Brien advising he does; and when the Juvenile Assessment Center first came before the Board they said it will not cost a dime.
Chairman Scarborough advised he has never had anyone call him and inquire why money was not taken for other budgets, but has been criticized when he has not gotten in front of an issue where there is this much public cooperation. He stated the Board would look foolish not to come up with the funding. Commissioner O'Brien stated he does not consider $50,000 to be a little bit of change. Chairman Scarborough advised with the huge budget the County has, $50,000 is what they leave at the 7-Eleven; and the Board can take those pennies and make it a better community. Commissioner O'Brien stated they can also direct staff to contact the other partners in this concept and ask them to participate. Commissioner Higgs stated for the past several years she has been involved in looking at the juvenile issue, the Children's Services Council, and looking at the needs of children. She advised the School Board has provided some funding for the Children's Services Council; the Department of Children and Families has provided money; and the Board of County Commissioners has not. She stated other people have been at the table at times when the Board has not been there; so now is the time for the County to do it. She stated the County will not get a grip on it until a comprehensive strategy is reached. Commissioner Voltz advised the State has been funding it for years, and the Board has not. Commissioner O'Brien inquired if the State should fund the entire plan; with Commissioner Higgs responding it is not just about juvenile justice, all of our children are at risk; and the State should not fund it all any more than the County should. She stated the way for this to happen is for the Board to stay involved and lead the way.
Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the funding of $49,550, from Contingency, to support a staff position to oversee the planning efforts; approve the budget amendment; direct that the planning and implementation of the comprehensive strategy plan be under Assistant County Manager Don Lusk; and there be continued involvement of the Board. Motion carried and ordered; Commissioner O'Brien voted nay.
Commissioner Higgs advised she was not sure how to proceed with this; but now that the Board is involved she would like to be involved and be a partner with Commissioner Voltz. Commissioner Voltz stated that would be fine. Chairman Scarborough advised Assistant County Attorney Shannon Wilson advised all the meetings should be advertised so any Commissioner who wants to can get involved.
DISCUSSION, RE: AGENDA
Commissioner Voltz advised the agenda for today was done by her Special Assistant Dot Estes; and since there were so many people involved they needed a timeline as to when they could expect to speak. Chairman Scarborough stated they could be put in sequential order, but to put a time creates a problem for people in the audience; and as long as he is Chairman, he would prefer not to have times on the Agenda for a workshop. Commissioner Higgs advised she did not have a problem with the times, and appreciated what Ms. Estes did.
APPROVAL, RE: MURAL FOR STAIRCASE IN BUILDING "A"
Assistant County Manager Don Lusk stated there is a request for approval of the painting of a mural on the staircase of Building A as part of the government's support of the art program through the Cultural Alliance. Commissioner Carlson advised there is a picture attached showing what it will look like. Facilities Management Director Hugh Muller advised they need to get this item approved in a timely manner so the artist can get all the materials needed to do the painting. Commissioner Higgs inquired if it is a permanent painting; with Mr. Muller responding as permanent as a painted wall can be; and if it is not liked, after a while it can be painted over. Chairman Scarborough advised he liked the painting and thinks it adds character.
Chairman Scarborough passed the gavel to Vice Chairman Higgs.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the painting of a mural on the staircase in Building A, if a majority of the employees in Building A vote in favor of it. Motion carried and ordered unanimously.
Vice Chairman Higgs passed the gavel to Chairman Scarborough.
APPROVAL, RE: VISIONING WORKSHOP
Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to schedule a workshop for May 10, 1999 at 10:00 a.m. concerning Departments' Visioning. Motion carried and ordered unanimously.
REPORT, RE: BOOK ON HARRY T. MOORE
Clarence Rowe advised a book has been printed in reference to Harry T. Moore, called Before His Time; the author is Ben Green, and the publishing company is Free Press; the book is $25.00, and available at all the major bookstores. Chairman Scarborough stated he would like a copy of the book in all of the Brevard County libraries.
REPORT, RE: MICROPHONE SYSTEM FOR FLORIDA ROOM
Commissioner Voltz suggested a new microphone system in the Florida Room; stated people cannot hear at all; and many meetings held there. Chairman Scarborough stated the audience cannot hear.
Upon Motion and vote the meeting adjourned at 5:00 p.m.
ATTEST:
TRUMAN G. SCARBOROUGH, JR., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
SANDY CRAWFORD, CLERK
( S E A L )