The Board of County Commissioners of Brevard County, Florida, met in workshop session on February 14, 1995, at 2:10 p.m. in the 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.

DISCUSSION, RE: CRIME AND JAIL

Assistant to County Manager Yvette Parker introduced Sheriff Miller, Chief of Operations Ron Clark, Chief of Planning and Research Jeff Duffey, Judge Ed Richardson, Court Administrator Mark Van Bever, Commander of the South Precinct Mike Robinson, Major Wilmer with the Central Precinct, Commander Tom Edwards with the North Precinct, Court Alternatives Director Pat Bean, and Rick Bedson for Juvenile Justice Facility. She stated the four items for discussion were requested by Commissioner Ellis.

Ms. Parker stated the first item is going to center on the proposal that Sheriff Miller submitted in 1990 for a two-pod expansion; and outlined a brief history of the County Jail. She advised of current inmate levels; and noted nine out of twelve months last year, the jail was in violation of total capacity and in violation of cell by cell capacity twelve out of twelve months. She stated there was a status hearing in January; and any questions can be referred to Assistant County Attorney Shannon Wilson. She stated there have been two referendums for an infrastructure sales tax to fund the jail expansion; in 1990 the Board directed the Citizens Jail Advisory Committee to look at this issue; and the Advisory Committee endorsed Sheriff Miller's two-pod expansion plan and a one-cent sales tax for expansion of the jail only. She stated the referendums failed; and staff will be presenting options for expansion and funding options.

She advised of the difficulty in predicting jail space. She outlined option 1 that is the Sheriff's two-pod expansion with the possibility of adding another pod as a shell. She outlined option 2 which is the Sheriff's two-pod expansion; and described the infrastructure support needs. She explained the barracks style facility; and advised you can have 100 beds for $500,000, but they are supplemental reduced custody level beds to the main facility. She advised of the impact of the sentencing guidelines. She noted Options 5 and 6 are not the most safety effective options; double-bunking only will take away the Sheriff's capability for disciplinary and segregation; and at least a one-pod expansion is needed. She provided a chart showing the different elements of the option which can be mixed and matched as the Board desires.

Ms. Parker described funding options; and advised Budget Director Kathy Wall will present the Board with other funding mechanisms for capital projects at the pre-budget hearing. She summarized the possible effects of an infrastructure sales tax.

Commissioner Ellis requested a breakdown of the 833 inmates; with Ms. Parker responding there are approximately 80 females; there is an average of 10 juveniles; and the rest is adult males. She stated 75% are pre-trial; 9% are awaiting Department of Corrections; and 10% are awaiting sentencing. Commissioner Ellis inquired how many of the pre-trial would be considered minimum or medium security; with Ms. Parker responding all would be considered medium and maximum security because of the County's three-prong approach to population control. She explained the three-prong approach. Commissioner Ellis inquired if the people who are released are minimum and medium security; with Ms. Parker responding yes, but the people in jail are medium and maximum security. She explained the release system; and advised the 48 who are released are all custodies. Commissioner Ellis inquired about the barracks style approach; with Ms. Parker advising that is minimum/medium because some would be felons. Commissioner Ellis inquired about the jail in the round that was built in Okaloosa County; with Ms. Parker responding she has not done any research on that. She stated the County's present jail is one of the best designed in the State because it allows the Sheriff to operate an efficient level with the pod control. Commissioner Ellis stated if the minimum and medium prisoners are off loaded from the main prison, it will allow more room for the maximum security. Ms. Parker explained the situation with the minimum security beds and the barracks. She noted the people in the jail are the worst of the worst; they have long criminal histories; and that is why they are in medium and maximum security because they cannot be pre-trial released, and will probably be sent to the State prison system. Commissioner Ellis inquired if the County could do something such as Okaloosa County has done at a cost savings. Sheriff Miller indicated he is familiar with the Okaloosa jail; but advised the real cost of the jail is the people cost; and the County jail is designed to take less correctional people to maintain it. Commissioner Ellis expressed interest in investigating the Okaloosa County jail to see if it is as cost effective as is claimed. Ms. Parker stated the County has minimum security beds; it depends on the classification of inmates; and that is where we need to look. Commissioner Ellis stated the Okaloosa Sheriff moved his medium security prison into the facility. Sheriff Miller noted if the facility is being used for town drunks and wife beaters, then the room he is in now could be used; but if he has an ax murderer who is in for a speeding violation, it is important to characterize people. Commissioner Cook requested a copy of the article from which Commissioner Ellis is reading.

Commissioner Ellis inquired what kind of new offenders will be coming as a result of the new sentencing; with Judge Richardson responding people who have violated probation. Commissioner Ellis inquired where is the line between County and State prison system; with Judge Richardson responding the lines are drawn by the guidelines. Discussion ensued on the sentencing of prisoners under the guidelines and where they are sent, outlining the new and old guidelines and the point system. Ms. Parker advised the issue is the classification issue; and it needs to be addressed with the Sheriff's Office because the criminal histories are incredible. County Manager Tom Jenkins advised this is a new category; probation has not worked for these people; and they should be put in a minimum/medium facility. Commissioner Ellis stated the County may be able to do those things out of current budget; whereas a referendum is necessary for maximum security; and if it fails, we are back where we were years ago. He suggested moving forward with the medium security facility. Sheriff Miller advised originally the County Jail was intended to be a pre-trial release center; but it has not worked that way. He stated the State has been successful in passing the buck to the counties in the past six to seven years; the Legislature has forced the issue so a Judge can sentence a person to 22 months in a County Jail which doubled the costs; and where the population should have been running 1,400, the County has maintained it at not more than 800, so millions of dollars have been saved through good management. He stated everybody who can be screened out has been; what is at the jail now are the worst of the worst; and the facility has to be expanded concern that people who used to go to the State system are being put in the County system; and stated it is better to put those people in a medium security County Jail than put them on the street.

Commissioner Ellis compared the cost of having the people loose to the cost of keeping them incarcerated. Mr. Jenkins noted the Sheriff is saying they need both. Commissioner Ellis reiterated maximum security is going to take a referendum. Chairman Higgs suggested looking at double bunking; and stated you can get 96 beds for $1 million. Ms. Parker advised doing that ties the hands of the Sheriff. Chairman Higgs inquired if there is a way to make the double bunk option workable for a while; with Sheriff Miller expressing doubt. Assistant County Attorney Shannon Wilson advised the County received permission from the Department of Corrections to double bunk the B pod; but there was concern about liability issues. She noted the people in B-pod are the worst of the worst; and there was concern about increased violence and inmate assaults for which the Sheriff and the County could be sued. Commissioner Ellis inquired if these people are awaiting trial or shipment to State prison systems; with Ms. Wilson responding in most cases awaiting trial. Chairman Higgs inquired if expansion of B pod would not allow any other avenues and would put the County in a bigger negative position. Mr. Duffey noted Mr. Cruse was held there for three years; some of the people are severely disturbed and belong in psychiatric facilities; and when you amalgamate them into a big population, it is best to keep them in a cell by themselves with a correction officer checking on them periodically. Sheriff Miller advised of the tremendous liability issues.

Chairman Higgs stated with the one-pod or two-pod expansion, there is cost for infrastructure; and inquired if that can be minimized. Ms. Parker advised she and Facilities Construction Director Joseph Vislay worked those figures up; and they can be reviewed with the Sheriff's Office. Chairman Higgs inquired if there is any way to privatize any of the auxiliary services. Ms. Parker advised of services which have been privatized; and stated space is what is needed to deal with the increased numbers. She stated staff can look at scaling down the $13 million; but the Sheriff's Office provided a fiscally responsible plan. Chairman Higgs inquired about a phased approach. Ms. Parker advised some of the infrastructure is being addressed. Commissioner Ellis stated even if B pod is double bunked, there still has to be some kind of single cell facility. Discussion ensued on pod expansion options.

Chairman Higgs inquired when will the County reach the next hearing with the Judge; with Ms. Wilson responding on December 3, 1995 the Magistrate in Federal Court signed the Consent Decree; he dismissed the case but held it for administrative supervision for 18 months which is expiring on June 3, 1995. She advised there was a hearing in January in which the Plaintiff's counsels raised the issue of the overcrowding; and the Magistrate advised the County is on line with the plan; but if at the close of the 18-month period, the issue will be revisited. She noted no one anticipated being so consistently over the cap as has been this year; and outlined the factors which contributed to the problem. Commissioner Ellis inquired if these are medium offenders; with Ms. Wilson responding some might be, but there are others who are violent offenders. She advised there is no hearing scheduled; but if the County is in violation of any of the terms of the settlement decree which could be interpreted to mean any violations of Florida Administrative Code 33-8, then the County is likely to have to go back to court with the federal lawsuit reactivated. Chairman Higgs inquired if the County is in violation of Code 33-8; with Ms. Wilson responding yes. Chairman Higgs inquired what are the consequences; with Ms. Wilson responding no consequences are spelled out, and there would be a new hearing to determine the degree of violation, what the County's plans are to address them, and what the plaintiff requests as relief. Ms. Wilson advised this is the lawsuit that caused the Board to build the new facility; and when the lawsuit was closed, the County found itself in excess of the new cap in the new facility.

Commissioner Scarborough stated there are problems with the lawsuit which may have to be answered; and expressed concern about releasing criminals. He inquired about using space in other counties and other options. Ms. Wilson outlined the options. Commissioner Scarborough described a worst case scenario; and inquired about options. Ms. Wilson responded the prisoners can be farmed out to other counties if there is space available. Commissioner Cook requested information. Ms. Parker advised Seminole County is usually the only place available because they rent beds to the feds; but it has been running at the cap. Commissioner Cook requested a memorandum to that effect. Ms. Wilson advised of practical problems with that type of arrangement. Commissioner Scarborough inquired about the options, including shipping prisoners to another state. Sheriff Miller advised of actions that may be taken. Mr. Duffey advised the State has put the counties in the prison business through sentencing guidelines; and the County officials have no alternative except to go into the prison business. Chairman Higgs stated she thought the Legislature appropriated money for prison beds. Ms. Parker responded they did for the State system; and it will take several years for the impact of early release to back off the counties. Ms. Wilson advised of problems with transportation of prisoners and impacts to the Public Defender's Office. Commissioner Ellis inquired if a medium security prison is not better than putting them on the street. Discussion ensued on medium security facilities.

Chairman Higgs inquired if there is a potential of the Board being in contempt of the Consent Agreement; with Ms. Wilson responding that is a possibility but the courts do not usually take that kind of action unless the Board refuses to build further. She advised as long as the Board is trying to grapple with the issue, the court will not hold Commissioners in contempt; but advised it can take other actions; and the Federal Crimes Bill and other legislation may have an effect. County Manager Tom Jenkins advised getting the State to pay its fair share of Article V is one of the priorities of the Florida Association of Counties. Commissioner Ellis noted either way the taxpayers pay. Discussion ensued on possible legislation which would change the direction in which the County needs to go and possible grants. Ms. Wilson advised of funding through the Statutes and the requirements.

Commissioner Ellis inquired about the earlier statement concerning 48 inmates in, 48 inmates out. Ms. Parker explained how the system works; and estimated a third would be on a pre-trial basis, another third would have their case disposed of, and another third would be sentenced to the State prison. Commissioner Ellis inquired about bonding people out of the precincts. Ms. Parker advised of the one-third which are released on a pre-trial basis, not all post bond; and the jail is set up to bond people out. She advised of things that would be needed to set up a second bonding site and possible problems. Commissioner Ellis noted they used to bond out of the Sarno Complex; and the bail bondsmen are as familiar with the people as the deputies are. Ms. Parker advised how the jail operates. Commissioner Ellis inquired if the 833 includes the holding cells; with Ms. Parker responding yes.

Sheriff Miller advised over the last five or six years, the Commission has put money into law enforcement; that has almost all gone to corrections; and law enforcement is at the point that it is critical. He requested the Board consider raising the MSTU to one mill to enable bringing on 35 deputies; and outlined where additional deputies are needed. Chairman Higgs inquired what is the dollar figure for 35 deputies; with Mr. Duffey advising approximately $1.3 million. Chairman Higgs inquired about coverage in the south end of the County; with Sheriff Miller advising of coverage levels. Chairman Higgs expressed concerns about the inequity in coverage. Chief Ron Clark indicated the difference in population density.

Commissioner O'Brien noted the question is the request for increase in millage; every poll taken last year showed the public is demanding more be spent on crime prevention and police protection; more is paid in library taxes than for police protection; and it is out of balance. Commissioner Ellis advised of the problems with adding more deputies without adding more jail space; and inquired how much a mill generates; with Budget Analyst Neil Boynton providing the figures. Commissioner Ellis inquired if the 35 deputies includes their supervisory personnel; and suggested some of the supervisory personnel also needs to belong with the MSTU. Mr. Duffey advised when the MSTU was established it was for road deputies. Commissioner Ellis stated that can be changed. Commissioner O'Brien noted the Board can do away with the MSTU totally, and fund the Sheriff's Department. Commissioner Ellis noted he is also paying for Melbourne Police Department; he does not get double coverage; and advised of the inequities. Commissioner O'Brien stated people want police protection. Commissioner Ellis stated he is willing to spend the money on police and jails, if the Board is willing to cut somewhere else to balance it out. Commissioner Cook noted people say they want increased police, but may feel differently when they get their increased tax bill. He stated there is a 36% increase in the number of MSTU deputies; and inquired why the deputies do not come incrementally and what is the national average for officers per thousand. Sheriff Miller responded it is 2 per thousand.

Chairman Higgs advised of the square mileage compared to the number of deputies. She agreed that people want to be safe; and the Board's job is to provide public safety. She expressed concern at the lack of deputies in South Brevard. Commissioner O'Brien stated people in South Merritt Island never see a deputy; and the problem is not just one area. Commissioner Ellis recommended it be based on population rather than square miles. Discussion ensued on the coverage. Commander Clark advised of the numbers of deputies assigned by precinct. Commissioner Cook advised of the Commissioner's duties to look at both sides of the issue.

Commissioner O'Brien compared the numbers of officers per area. Discussion ensued on staffing. Commissioner Ellis expressed support for the old MSTU district concept. Chairman Higgs advised amendments can be made to the Ordinance. Sheriff Miller advised of the difficulties in trying to provide law enforcement around political boundaries; but noted he is willing to look at other alternatives. Commissioner Cook stated the Sheriff has to have the flexibility to put resources where he thinks they are needed on a Countywide basis. Commissioner O'Brien stated the Board is doing that; but he is just bringing forward constituent complaints. Chairman Higgs stated this is a discussion about how this should be done; the point is the level of service demanded by Port St. John or Merritt Island may be different than South Melbourne Beach; and the question is whether that should be reflected in the MSTU's. Commissioner Ellis stated it is a legal question.

The meeting recessed at 3:27 p.m. and reconvened at 3:40 p.m.

Commissioner O'Brien requested information on a variety of types of jails; and stated if $30 million is going to be spent, the public is going to want information.

Commissioner Cook stated since the burden has come down from the State, the Board has to be as creative as possible; and the Board needs to see what else is available. He requested information on Commissioner Scarborough's suggestion to house inmates in other counties.

Commissioner Scarborough advised of an Ad Hoc Committee in 1989 which was created when the referendum was held; the second referendum did not have benefit of a committee; and the Board may want to discuss the possibility of reactivating the Ad Hoc Committee to look into the different issues. He noted people want the information.

Chairman Higgs inquired if there are elections in November; with Mr. Jenkins responding there may be some. Discussion ensued on which elections are coming up.

Commissioner O'Brien stated the citizens want more inclusion in the process; and a citizens advisory group would be a step in the right direction. Chairman Higgs inquired if the people are still around; with Ms. Parker responding yes, most are. Commissioner Scarborough stated the present Board would like to make appointments and add people. He requested Ms. Wilson provide information on the membership of the Committee.

Chairman Higgs inquired if there are any objections to a citizens committee; with no objections heard. She advised the Board will discuss it on March 7, 1995.

Commissioner Ellis stated the Board needs to see things it can do in this budget year; and advised he does not see how the maximum security pod can be done without a referendum. Commissioner O'Brien noted the public would be outraged if there was not a referendum. Discussion ensued on a possible referendum and other actions which could be taken.

Chairman Higgs stated the Board would like to see short-term, long-term, and a citizens committee; and requested information on the infrastructure options. She requested the Sheriff provide input; and stated the Board will discuss this on March 7, 1995. Commissioner Ellis stated it would important to get information from the Judges. Chairman Higgs requested Congressman Weldon be asked for a prediction on federal monies available for building the jail. Ms. Parker advised the Governor has proposed no new beds in this session. Commissioner O'Brien stated he would like to know what the immediate bed needs are. Commissioner Ellis stated supervisory personnel needs to be included in the MSTU. Chairman Higgs inquired if the Board wants information on splitting the MSTU; with Commissioner Ellis responding no. Chairman Higgs requested staff provide the impact of that on the budget. Mr. Jenkins advised the MSTU issue will be handled as part of the budget process as well as the consideration of additional deputies. Chairman Higgs stated there is a commitment on the part of the Board to assist.

Ms. Parker introduced Commander Sands, and Wayne Holmes and Bill Anliker of the State Attorney's Office.

Court Alternatives Director Pat Bean advised of a proposal for a work-release center to house approximately 20 sentenced misdemeanor inmates, up to a third degree felony; it will utilize a County-owned modular; and the assigned offenders will have to have jobs. She outlined how their wages will be allocated. She noted there will be skill building classes; and the cost of the center will be approximately $485,000 including all the benefits of thirteen staff members. She provided details of the proposed center including staffing, location, and transportation.

Judge Richardson advised the judges voted unanimously in favor of the center; and outlined the advantages. He described the operation of the Center in Orlando which houses 166 inmates, and operates very efficiently.

Commissioner Cook inquired what currently happens to these people; with Judge Richardson responding generally they are put into probation status and ordered into drug treatment counseling and then they are on their own. Commissioner Cook stated this would not have an impact on lowering the jail population. Judge Richardson advised many of these people would be housed in the jail; this would allow the jail to be relieved of this responsibility; the inmates would be where they would have supervision, drug treatment counseling; and it has a good chance of working. Commissioner Cook inquired who runs that program in Orlando; with Ms. Parker responding Orange County. Commissioner O'Brien inquired if Brevard County already has a program. Ms. Parker responded no; but the State of Florida has a facility down the street; it is 75 beds; and she envisions shared resources. Mr. Jenkins noted the Sheriff does not believe it is his function to perform this; so if the County does this, it would be run through Court Alternatives. Commissioner Cook expressed concern about running this as a County program.

Commissioner Ellis inquired about cost for the minimum security facility and two more pods; with Ms. Parker providing the figures. He inquired what it would cost to add 60 more; with Ms. Parker responding $450,000 to $500,000. Mr. Jenkins stated the issue that has been raised is that of security and having people come and go through the course of the day; and it would be difficult to isolate them on this site. He stated the Sheriff prefers it be located elsewhere. Commissioner Ellis expressed concern that there are thirteen workers for twenty prisoners; these are minimum security people; and more could be done by shelling out another pod of minimum security. Ms. Bean advised it also depends on the goals. Commissioner Ellis inquired about a system for the minimum security; and suggested doing a minimum security facility to get the full use of those two correctional officers per shift. Ms. Parker noted that is an open dormitory, not cells; with Commissioner Ellis advising if they can be let out to go to work and come back, then they can be kept in a minimum security atmosphere.

Commissioner O'Brien advised of his experiences as an employer with the work-release program.

Commissioner Ellis stated his point was not to keep them locked up, but to use the minimum security pod for work-release.

Sheriff Miller advised of the problems that would be created with regard to contraband, etc. Commissioner Ellis inquired if a pod can be isolated; with Sheriff Miller responding no. Commissioner Cook stated this is a good program; but expressed doubt about the financial implications and the liability to the County. Chairman Higgs stated all the other programs are being run; and this is a small step from that in terms of liability. Commissioner Cook expressed concern about the liability; and inquired where is the money going to come from. Chairman Higgs expressed interest in seeing a comparison of costs. Commissioner Cook suggested other options such as house arrest which the Board could also investigate. Commissioner O'Brien inquired what is the rate of recidivism for the State program; with Ms. Parker responding she does not know. Commissioner O'Brien noted in his experience with work-release, he has gotten quite a few of the individuals back. Chairman Higgs requested information on other work-release programs to show the long term cost and effect. Commissioner O'Brien requested a financial comparison of work-release with total incarceration. Commissioner Ellis inquired how many corrections officers are needed to staff each 60-person pod in minimum security; with Ms. Parker responding 10. Commissioner Ellis stated in minimum security there are ten officers looking over 60 men; in work-release there are ten officers looking over 20 men; and inquired why there cannot be 60 inmates instead of 20. Ms. Bean advised of the responsibilities for transportation. Discussion ensued on the transportation for the work-release program. Ms. Parker noted it might be possible to have an in-the-round 60-person minimum security facility; 20 was a pilot program; and staff did not know it would cost as much to operate a 20-person program as a 60-person program. Ms. Bean advised there are other versions of work-release, halfway house, etc. that may have less difficult requirements from DOC. Commissioner Cook expressed interest in seeing the other options explored. Commissioner O'Brien reminded the Board of the difficulties experienced by Governor Dukakis in terms of the work-release program.

Sheriff Miller advised of difficulties that may be experienced in putting the work-release program in proximity to the main facility.

Commissioner Ellis advised it could be set up so the inmates did not co-mingle; and in the event of problem, jail personnel can be there quickly. Ms. Bean advised jail personnel has agreed to help in the event of an emergency, if it is located adjacent to the jail.

Commissioner Cook stated Ms. Bean says there are other options the Board may look at, and he would like to review other options that may be less expensive. He expressed concerns about whether this is something that should be run by the County.

Chairman Higgs stated she is happy to look at the presented alternative if she can be shown cost effective numbers in terms of economy of scale and long term rates of recidivism.

Commissioner Scarborough stated he appreciates the point about not deteriorating an existing situation; but if this program goes to another place, he would prefer it be in proximity to jobs because transportation is a cost to the system. He noted the community will express concerns about location of a facility such as this in the community; and the Board needs to be sensitive to put it where it would not threaten the neighborhood environment. Commissioner Scarborough stated he is prepared to discuss it further, but desires more information. Commissioner Ellis stated it almost has to go at the jail site. Discussion ensued on possible location of the program.

Commissioner Cook inquired why does the Sheriff not want to run the program. Sheriff Miller expressed the opinion that if they are going to be released for work-release, the inmates could be just released. He stated he is the keeper of the County's jail; his hands are full; and his staff is not trained in social work. Commissioner Ellis stated trained corrections officers would have to be at that facility; with Ms. Bean advising as they have designed it, that is true, but they have not explored other types of work release. Commissioner Cook advised there are other options. Chairman Higgs stated everyone is interested in new ways to work with the people who are incarcerated and to find out better, more cost effective ways to do it while decreasing recidivism.

Commissioner Cook expressed concerns about the program and the price tag which is attached to it; but he is willing to look at less expensive options. Commissioner O'Brien suggested using the old jail in Titusville.

Ms. Parker advised the work release population is being created by the guidelines. Commissioner Ellis stated he wants to make sure it is filled up because there are people being put out on probation who should be in something like this.

Judge Richardson advised if the County is running the work release program, it is the Judge who decides if the person should go to the work release program; and he does not understand the liability to the County.

Commissioner Cook explained his interpretation of the liability issue.

Commissioner Ellis inquired if a 70 to 80-person facility could be filled; with Judge Richardson responding affirmatively. Commissioner Ellis advised as far as operational costs, there is not a great deal of difference between 20 and 70 inmates. Judge Richardson noted he sent several people to the facility in Orlando.

Commissioner Higgs stated the Board will get information later in March; and outlined the information the Board requested. Commissioner O'Brien requested information on the track record of other states on the work release program.

Rick Bedson, Department of Juvenile Justice, provided a synopsis of the Department of Juvenile Justice, emphasizing they are no longer a part of HRS. He outlined the desires of the Legislature in establishing the Department of Juvenile Justice; and the change in the operational focus to public safety. He stated the Department of Juvenile Justice wants a partnership with local government to address the needs at a local level; and the partnership can be whatever the County wishes it to be. He provided examples. He explained the Juvenile Justice Partnership Grant. He outlined the structure of the Juvenile Justice Councils and Board. He stated all money appropriated in the last legislative session has been operationalized in District 7 except for a 30-bed boot camp; but negotiations with Sheriff Beary of Orange County for the boot camp have been finalized. He explained the details of the boot camp and the juvenile assessment centers. He emphasized the Department of Juvenile Justice will not be able to do this alone; and much of the funding from the Legislature is done in view of a partnership.

Commissioner Ellis inquired if the County built a juvenile jail, would the Department of Juvenile Justice staff it; with Mr. Bedson responding it could be done in any way desired. Commissioner Ellis inquired why the juvenile detention center does not operate at capacity. Mr. Bedson responded there are not enough arrests to fill the 52 beds. Commissioner Ellis noted there is crime; and inquired if the problem is with sentencing. Mr. Bedson explained the difference between detention and programs. Commissioner Ellis inquired how to make the length of stay longer; with Mr. Bedson responding it is a statutory requirement that they be prosecuted within 21 days. Commissioner Ellis stated he is interested in putting them in a juvenile jail because he is tired of people getting back on the street committing more crimes; and it is past the point of programs for a lot of these people. Chairman Higgs advised the detention facility is simply to hold them prior to sentencing; and it has nothing to do with what happens to them after being sentenced. Commissioner Ellis inquired about the possibility of building a juvenile jail. Mr. Bedson suggested Commissioner Ellis see if they are being prosecuted; but the detention facility is not at capacity; and his office is the receiver of whatever law enforcement and the State Attorney do. He cautioned the Board to consider where it wishes to put its resources; if the Board wants punishment, the State laws need to be fashioned to allow for that individual; and there are programs to deal with that punishment, although there are not enough. Commissioner Ellis advised of the crime situation in his neighborhood. Mr. Bedson advised the individual would have to be arrested, prosecuted and sentenced before getting into his purview.

Ms. Wilson advised treating the juvenile as a child or treating him as an adult are two separate issues; what Mr. Bedson is talking about is having them bound over as an adult to be prosecuted and jailed as an adult; and that is a discretionary function within the State Attorney's Office. She noted Mr. Bedson is talking about the child who is arrested and brought to a detention facility; they may be charged under criminal Statute, but under the Juvenile Rules of Procedure and Law, they are considered a delinquent, not a criminal. Commissioner Ellis noted he thought this was supposed to be fixed by moving it from under HRS.

Mr. Bedson advised the Department of Juvenile Justice is committed to punishing children, whether they are considered a child or not; and provided examples. Commissioner Ellis inquired if there are facilities; with Mr. Bedson responding more facilities will need to be built; there will only be two Level 10 programs; and the Legislature funded 100 beds. He explained how the beds will be divided among programs. Mr. Bedson advised of the need to identify habitual offenders; and described actions being taken to create the Serious Habitual Offender Program. Commissioner Ellis inquired what needs to be done to have the jail built; with Mr. Bedson responding the County can go into partnership with the Department of Juvenile Justice to either build, renovate existing facilities, or provide funding. Commissioner Ellis inquired what kind of facility is needed; with Mr. Bedson responding maximum security facilities. Chairman Higgs inquired what is the number of juveniles in our jail today; with Ms. Parker responding ten. Mr. Bedson advised of the seven awaiting placement who will probably go to prison or probation; with Ms. Parker emphasizing those are offenders who are charged as adults, and they are a different group than those Mr. Bedson is referring to for juvenile jails. Chairman Higgs inquired what is the size of the population for which the Board needs to provide on the nail, trail, and jail; with Mr. Bedson responding between 20 and 40. Commissioner Ellis advised of the deterrent effect it may have. Mr. Bedson described an incident in Palm Bay. Commissioner Cook advised of criminal activity in his District; and stated it is necessary to look at the root causes. Chairman Higgs noted a year ago the Board considered a juvenile curfew; and inquired if anyone is using that effectively. Mr. Bedson responded no one is using it across the board; there have been studies where curfews had some effect; explained the problems with curfews; and made recommendations relating to curfews. Discussion ensued on curfews for juveniles.

Commissioner Ellis requested Mr. Bedson provide a concept paper to help the Board deal with the issues. Mr. Bedson recommended the County focus on a juvenile assessment center and a program for serious habitual offenders. Mr. Jenkins stated Mr. Bedson needs to advise the Board what it needs to do to participate in the serious habitual offenders program; he may have a facility; and more information is needed on the assessment center. Mr. Bedson stated he can provide models at both ends of the spectrum.

Chairman Higgs stated the Board can discuss this in March; and if the Board needs to workshop additional items, it can pursue those. Discussion ensued on the need for additional workshops on the issue. Ms. Wilson advised the Statutes outline what the County's participation can be. Chairman Higgs expressed the need for coordination of efforts. Chairman Higgs inquired about the Juvenile Justice Council; with Mr. Bedson responding he will provide a list.

Mr. Bedson offered assistance to Commissioner Ellis in dealing with his constituency problem.

Discussion ensued on when to bring back the issues; with consensus reached to hold further workshops. Chairman Higgs suggested specific issues be placed on meeting agendas for future meetings. Commissioner O'Brien advised the Board has to focus on specific issues. Chairman Higgs stated the Board would like to workshop the jail issue, the juvenile justice issue, and the alternatives in terms of work release.

Mr. Jenkins stated the staffing issue is a budget consideration; the Board is going to look for cuts in other places to fund additional deputies; a workshop is scheduled on Public Safety; and what is done with Public Safety will depend on the negotiations with the cities. He suggested delaying the Public Safety workshop for 60 days to provide more time to negotiate with the cities; and using that workshop to use for the crime issues.

Commissioner Ellis expressed interest in handling the Pre-trial release issue on March 14, 1995.

Upon motion and vote, the meeting adjourned at 5:04 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )