Issuu on Google+

~

vOtitMUtvl)-

f .. "'.

0~

~~ ~

~

u~L~I~ /)

Jacksonville's Jail

~

ÂŁ .f)

A Report to the Citizens of Jacksonville.

SCOPE

OF THE

Spring 1984

STUDY

The JCCI study committee's charge was to determine whether or not Jacksonville needs a new jail, factors which contribute to the type and size of a jail required here and alternatives to incarceration which have been or might be used. Planning for expansion of the current jailor a new jail in Jacksonville began in the early 1970's. Community decisions on sites and funding are pending. The JCCI believes that broad citizen involvement should be incorporated in the planning process to assure citizen understanding of the need and support for a new facility, once the need has been established. The study explores the reasons for overcrowding in the Jacksonville jail and examines criteria for determining the need for a new jail. Included are a review and analysis of: . The purposes served by jails. Factors which influence Jacksonville's jail population. . Data describing the characteristics of Jacksonville's jail population. Capacity of the local correctional system to handle "jail overflow." Services available to jail inmates with special needs. Programs used in other communities to divert individuals from jail when possible.

. .. .

Jails are primarily processing centers, identifying those accused of a crime and determining who should be held until trial. Inmates in pretrial detention in jails are presumed innocent tinder the law. Prisons, on the other hand, are institutions which incarcerate individuals serving sentences for crimes of which they were found guilty.

HIGHLIGHTS Findings do not clearly demonstrate that a new jail is needed.

MAJOR PROBLEMS

. . . . .

Insufficient programs to keep individuals from being taken to jail unnecessarily. Inadequate speed in processing those held at jail.

Lack of data on jail population from arrest to disposition in court. Booking area of current jail crowded and inefficient. Insufficient space in detox and other programs for chronic public inebriates.

RECOMMENDED SOLUTIONS Completion and evaluation of the following:

.. .. . . .

Implementation of night court. Review of citation procedures. Implementation of additional pretrial release mechanisms. Amendment of the Florida Rules of Criminal Procedures to allow release decisions by persons other than a judge. Computerized information system planned by the Sheriff and State Attorney. Remodeling of booking area in jail. Expansion of detox and other alcohol programs.


FINDINGS Findings represent the data base of the committee. They are materials listed in the references, facts reported by resource persons mittee understanding of information reported by resource persons.

JAILS SERVE SEVERAL PURPOSES

derived or from

from the a consensus

published of com-

overcrowded, because in some cases police arrest practices and pretrial release programs were not analyzed and modified. Corrections literature indicates that there is a strong tendency for jails to be "capacity driven" (filled to capacity no matter what the size) and that communities must guard against using all available space without giving appropriate attention to mechanisms which can successfully divert persons from jail. In the past 5 years in the U. S., the pretrial jail population has increased by 2910-3010.

THE PRIMARY PURPOSE OF JAILS IS TO PROCESS THOSE ACCUSED OF A CRIME (AND WHO ARE PRESUMED UNDER THE LA W TO BE INNOCENT) AND TO DETERMINE WHO SHOULD BE HELD UNTIL A TRIAL TAKES PLACE. A SMALL PERCENTAGE OF THOSE HELD IN JAILS ARE SERVING A SHORT SENTENCE FOR A MINOR CRIME. IN CONTRAST, PRISONS CONFINE SENTENCED OFFENDERS WHO HAVE BEEN FOUND GUILTY OF THE CRIME OF WHICH THEY WERE ACCUSED. Local jails serve several other purposes in the community. Because they detain those accused of committing a crime (who presumably could commit another crime) public safety may be increased. Some believe that it is important for suspected criminals to be removed from the scene and from general circulation to restore order and maintain the city's quality of life. Jails may also be viewed as a deterrent to crime. Jails throughout the U.S. have been given additional responsibilities by society, some of which may be inappropriate. In many cases the jail serves as a first screening for persons in the community who are abusing drugs or alcohol (public inebriates) or who are mentally ill or retarded. It has been called the" social agency of last resort."

The definition of what constitutes a safe and constitutional jail has changed. Numerous court decisions, including one in Jacksonville, have changed jail facilities and policies. Notions of which bail/pretrial release mechanisms should be available have also changed. In many communities, a variety of pretrial release mechanisms allow correctional officials to use jails primarily for detention of those who cannot be trusted to return for a hearing at a later date or those accused of capital offenses. According to local criminal justice officials, Jacksonville processes felons through its criminal justice system in an average of 37 days, making it the most rapid system in the Southeast (and perhaps the nation). Some believe that Jacksonville has managed to function with the current jail for such a long period because of the speed of the court system.

JAIL UNDER COURT ORDER JACKSONVILLE'S JAIL, LIKE THOSE OF OTHER MAJOR CITIES THROUGHOUT THE NATION, IS UNDER COURT ORDER TO RELIEVE OVERCROWDING. The population of the Duval County Jail (the main jail facility on East Bay St.) is limited to 418 by federal court order. Thirty-five percent (39Yo) of all jails in the U. S. are involved in lawsuits-most for overcrowding. Some have instituted temporary measures to hold jail inmates in alternative facilities, while others have expanded their jail capacity. Many of these new or expanded jails soon became

Many view the jail as a place for punishment, rather than a holding facility designed to insure appearance in court. (Under a 1982 amendment to the Florida Constitution, however, jails may now hold those who are denied pretrial release because they are perceived as a danger to the community.) Some local law enforcement officials perceive that people's fear of crime causes them to demand policies which increase "punishment" for crime. The southern and western states are characterized by a more punitive corrections

2


approach, resulting in more individuals in jails and prisons. Forty-three percent (43%) of all jail inmates are held in southern institutions and an additional one-quarter (24%) are held in the west.

!I If

HISTORY

COMPOSITION OF JACKSONVILLE'S JAIL POPULATION Jacksonville's persons :

jail holds the following types of

Dissatisfaction and belief . Enlightenment

~

not

gone

to first

r

d) Persons (primarily indigent) who are detained beyond the first appearance hearing because they cannot make bond. e) Persons who are denied bail because crime of which they are accused.

i i

!

.f)

Persons awaiting hospital.

of the

who have been adjudicated and are transfer to state prison or a state

who abuse alcohol or drugs, ill or who are transients.

are

!

I

l

.~

would

make

continued...

"I Ii

education

In the early 1820' s, the New York and Pennsylvania legislatures separately authorized the first real penitentiaries for their states. In the meantime, jails continued primarily as detention facilities but also began to hold those convicted of minor offenses. Jails were always" second class citizens" in corrections, never getting much attention or money. Finally, in the 1960' s, attention was directed to jails and prisons. Because jails were under local control, they were widely divergent, but experts began to point out that jails were the correctional institution with which the average citizen was familiar.

!

g) Persons mentally

(that"

English legal system principles of the

The first prison in the U. S. was the Walnut Street Jail in Philadelphia, which became the Pennsylvania State Prison in 1790. Though in jails all persons were placed in large holding cells, the Prison began to separate prisoners based upon age, sex, and state of physical and mental health.

c) Persons (primarily indigent) who do not have immediate access to an attorney to arrange release' before first appearance hearing.

.

with the in the

men free" ) resul ted in a period of social reform and inn ova tion in correctional practices following the Revolutionary War. The term "penitentiary" was derived from the belief that if prisoners became penitent for the crime, they would become better people.

a) Accused misdemeanants who have not been released by the arresting officer (Misdemeanor Citation) or jail staff (Notice To Appear) prior to first appearance hearing. b) Accused felons who have appearance hearing.

JAILS

Jails are a relatively modern development. Historically, most cultures applied immediate sanctions to bad behavior, rather than detain the accused. Jails originated when complex states developed. When large areas were brought under the control of one ruler a standard set of rules or laws (the" king' s peace") was developed. Instead of individuals taking revenge for wrongs against them, they became dependent upon representatives of the king (the court) to mete out punishment (which was still primarily corporal or capital). Jails developed after the 12th century to hold the accused until the king's representatives were able to hold court in the area. Dungeons wer.e still used to remove persons from society for political reasons. Until the end of the 18th century, jails were simply detention facilities.

During the 1960' s and 1970' s, the crime rate accelerated. Arrest rates also accelerated during that period. From January through September 1983, however, major crime in Jacksonville dropped 5.2 percent--from 33,467 incidents to 31, 721--compared with the same period in 1982. Statewide, the Florida Department of Law Enforcement measured an 8% decline for the same period.

~

OF

3


...continued

...continued

Florida Statutes, Chapter 33-8 Florida Statute which requires standards for and names local jails the Inspector General, Department of Corrections as the IIregulator of

Generally, local jail problems have mimicked problems occurring in state prisons some 5-8 years before. Prior to the 1960' s, courts followed a "hands off II policy when dealing

with

prisons;

II

as long as they

are

jails.

running,

Bail Reform Act (F .S. Chapter Florida Statute which regulates and specifies eligibility for bail to be set, and directs judicial "dangerousness II of the accused, flee before tria:l, and nature of

leave them alone." In the early 1960' s a number of First Amendment cases were filed and courts began to review the administrative practices of prison management. In the decade from 1970 1980, there were more prison court cases than in all the years preceding. Trends seem to indicate that what has happened to prisons is about to happen to jails--there will continue to be more litigation and court intervention in local jail operation.

-

Three

factors

direct

corrections

82-175) bail bondsJIlen and how bail is attention to propensi ty to the offense.

Florida Constitution Article Section 14 1, Amendment to the Florida Constitution The intent of the approved by voters in 1982. amendment was to encourage judges to conforms before sider non-monetary resorting to also directs money bail; judicial attention to to and dangerousness, propensi ty flee, assurance of integrity of the judicial process.

practice:

Custom: Past procedures for handling the issue. other Supercedes Legal/Constitutional: considerations. Good corrections practice: Professional approaches to solving the problem.

INFLUENCES

ON

J AIL

POPULATION JACKSONVILLE'S JAIL POPULATION HAS AF~ECTED BY LOCAL USE OF CHANGED METHODS FOR LAW ENFORCEMENT, FEDERAL AND STATE COURT DECISIONS, AND LEGISLATION.

Prisons in Florida have had more resources than local jails to make changes, particularly those directed by court order. Prisons deal with a more homogeneous population (all are convicted felons) while jails must house accused misdemeanants and felons as well as sentenced misdemeanants and those awaiting transfer to a state institution.

BEEN

Arrest rates for Duval County are substantially higher than in other heavily populated Florida counties Variations in arrest rates may occur for anum ber of reasons, including efficiency of the police in apprehending criminals and the sheriff's policy regarding arrest of certain categories of offenders, as well as differences in composition of population. (For example, there is no standard operating procedure from city to. city for making "nuisance arrests" of i!1dividllals considered transients, vagrants, etc. )

.

MANDATES AFFECTING THE JACKSONVILLE JAIL LEGISLATION AND COURT AFFECTING THE JACKSONVILLE

II

DECISIONS JAIL

Miller v. Carson Federal court order which requires improvements in conditions in Duval County jail and capping population which may be detained at one time. (1975)

ARREST RATE~ SELECTED FLORIDA COUNTIES COUNTY Duval Dade Hillsborough Broward Orange

Arias v. Wainwright Federal court order which requires the Florida Department of Corrections to enforce jail standards through regular inspections as enumerated in Florida Statutes Chapter 33-8. (1978)

ARREST

RATE/1,000 POPULA TION* 63.70 57.57 48.91 48.75 44.94

*Includes arrests made by city police and county sheriff' s department. From Florida Department of Law Enforcement 1982 Annual Report "Crime in Florida," p. 106.

...continued

4


It

.. .continued

Integrated A p pre hen

Criminal s ion Pro g ram

.

Holding no juveniles in the jail. . Holding female inmates in the jail for 36 hours or less. . Instituting a program of daily cleaning of the jail. . Reviewing of lighting, ventilation and temperature control in the jail. . Insuring that holding cells contain adequately functioning toilet and water facilities, seating facilities and do not hold excessive num bers of inmates at one time.

(ICAP)

One reason that arrest rates are high in Jacksonville is the existence of the Integrated Criminal Apprehension Program (ICAP). The Jacksonville Sheriff's Office has increased its efficiency through the use of ICAP, following its initiation in 1977. With ICAP, the

Sheriff I s Office is able to log crime incidence

~I

I~ II '~t ~I

and can predict where crime will occur; in the last 2 years the number of on-scene apprehensions has -increased by 68<10. Jacksonville was one of 30 cities which received a federal grant to start such a program. Under ICAP, calls are prioritized. Persons who call to report a crime which does not require immediate response are given an approximate time when an officer will respond. Emergencies and crimes in progress are given immediate response. The Governor has designated Jacksonville's Sheriff Is Office as a model for teaching other law enforcement agencies throughout Florida in these methods.

Court

. Changing conditions in upstairs cells. . Providing clothing, medical care, and adequate

Decisions

offenses)

(The capacity was amended to 418 when one cell was remodeled). The court order also limited the amount of time to 2 hours in which inmates could be kept in a holding cell. To maintain the population of the jail below the cap of 418, Judge Scott issued a decision which contained a number of mandates and several sugges tions :

Classifying and separating jail inmates by sex, felony/misdemeanor, sentenced/unsentenced, and those who may be mentally or physically ill or a danger to 06f~r jail inmates. continueo...

Ii

l\

.

Pursuant to the Miller v. Carson decision, the Sheriff has made a number of modifications in arrest procedures. The number of pretrial release programs was subsequently expanded to keep some of those arrested out of jail before trial. The federal court continues to monitor the areas mandated by the decision, as well as arrest information from the Sheriff I s Office. Although the official" count 11 for reporting the jail population to the court is taken at midnight, the population may exceed 418 at times throughout the day. The city has been cited three times for violations of the provisions of Miller v. Carson, (twice for exceeding the cap and once for a holding cell violation) and has incurred fines at those times.

II

,\1

.

.

Mandates

I

such as ceasing

.

'!

il

for inmates.

to arrest individuals charged with certain offenses (breach of peace, disorderly conduct, loitering or prowling, open profanity and others). . Analyzing existing procedures and practices to minimize arrests for the offenses of hitchhiking, failure to appear, and all drinking offenses, with the exception of driving while under the influence. Scheduling more frequent first appearance hearings (the first time an accused individual appears before a judge) Increasing and expanding use of Release On Own Recognizance (ROR) and Notices To Appear. . Implementing studies for the creation of pre-trial intervention programs (especially relating to drug and alcohol related

11\.

C,!

standards

Suggestions . Changing arrest procedures,

When the jail was built in 1956 it was designed to house 448 inmates in maximum security cells. By 1974 there were occasions when more than 800 individuals were confined there. In 1974 a class action lawsuit was filed on behalf of the inmates of the jail (Miller v. Carson) . A federal court order issued by U. S. District Judge Charles Scott in 1975 mandated that inmates' civil rights be guaranteed while in the jail. The order required improvements in living conditions and limited the jail population to 410 at one time.

J

nutritional

5


In 1978 the Florida Department of Corrections was sued for failure to regulate the 200 local jails in Florida and to enforce those regulations (Arias v. Wainwright). The Inspec tor General of the Department of Corrections is the "regulator" of jails by statute (F.S. Chapter 33-8). The state has been required to hire inspectors and enforce jail regulations for about 15 years; prior to the Arias v. Wainwrigh t decision, the state had not been enforcing them. Since the 1978 case, approximately 15 cases have been brought by the state against local governments who do not properly operate local jails; prior to this case it was necessary for inmates of the jails to sue local governments for violations of jail regulations prescribed by the state.

factors, and of funds to officer

may

accused

may pay also

ask the bond.

analyze

misdemeanant,

accused his source Although a police

similar

the

criteria

law

for

prohibits

punishable day

or

by prison

more.

Some

terms

of one year

examples

of

B A I L REFORM

CIRCUIT IN FLORIDA HAS ELIMINATED A PREVIOUSL Y EXISTING ST ANDARD BOND SCHEDULE IN RESPONSE TO THE BAIL

ACT

.

of the offense

Weight of the evidence against the defendant Family ties Length of residence in the community Employment history Previous flight to avoid prosecution Mental condition

circuit

may also consider

any other

in

overcrowding on the basis Bail Reform

and present conduct (including any previous record of convictions or flight to avoid prosecution) The danger that a release would pose to the community Whether the defendant is already on release pending other criminal proceedings or on parole, probation or other completion of sentence

The court

bond each

\

~:

i

I

.,.

I

schedule bondable

..

This action has increased the population in Jacksonville's jail. Shepard has stated that standard bond schedules have never been authorized by law but have been permitted. Judge Shepard believes that decisions on bail must be made only by a judge. No other

. . . . . . Past .

I

offense, allowing immediate bonding following arrest. ) In August 1982, Chief Judge Clifford B. Shepard issued an administrative order which eliminated the standard bond schedule and required all those who had not previously had bond set by a judge to appear before a judicial officer for a first appearance hearing.

In 1982 the Florida Legislature passed the Bail Reform Act (F .S. 82-175). The first part of the Act regulates bail bondsmen. The second half addresses who can get bail, how bail is set, etc. The Act states that judges should set bail and sets certain criteria for judges to follow. Criteria reflect an analysis of The "dangerousness" of the individual (past record) Propensity to flee the jurisdiction

.

i

offenses are trespassing, disorderly conduct, simple assault, driving under the influence of alcohol/ drugs and reckless driving. Some examples of felony offenses are forgery, grand theft, driving under the influence and causing personal injury, robbery, writing checks when there are insufficient funds, rape, and murder. )

REFORM ACT. (A standard specifies a bond amount for

and circumstances

!

and a

misdemeanor

CHANGES IN PRETRIAL RELEASE PROCEDURES IN JACKSONVILLE, IMPLEMENTED AFTER THE PASSAGE OF THE BAIL REFORM. ACT, INCREASED JACKSONVILLE'S JAIL POPULATION. NO OTHER JUDICIAL

. Nature

I

from doing so for those charged with a felony. (Misdemeanors are crimes generally punishable by prison terms up to one year; felonies are

In October 1983 the Florida Department 'of Corrections notified the City of Jacksonville that it would take legal action unless the city showed a good faith effort to comply with the jail cap on an ongoing basis or made a commitment to build a larger jail facility. At this writing, the state has not initiated legal action.

. .

\

an

him

Florida

has

experienced

jail

problems similar to Jacksonville's of action taken pursuant to the Act.

The August 1982 administrative order also eliminated releases on surety bond and via the Pretrial Intervention Program, prior to first appearance. (See chart, page 17) However, some individuals who have an attorney are released prior to first appearance when the Chief Judge is called at home and agrees to a Release On Own Recognizance. The effect of eliminating the standard bond schedule and the above two programs is that a significant

relevant

6

'

I

I I

~

\I

l


If

II

,j

~!

'I,

'\

;

If

dt

II

Florida

number of individuals have to spend the night in jail before release after first appearance the next day.

~ (

II

S court

rules.

Two first appearance hearings are held daily, at 9 a. m. and 2 p. m. When a defendant is booked (a jail number assigned and charges formally entered) into the jail, an identification check is completed. The paperwork is then passed on to the State Attorney 's office and from there to the Clerk of the Circuit Court before the hearing. Those booked before midnight attend the 9 a. m. hearing; there is a 10:30 a.m. cutoff for the 2 p. m. hearing. The majority are arrested during the several hours before midnight. Anyone arriving after 10: 30 a. m. and before midnight must spend the night in jail thereby contributing to the midnight" count" of the jail population which must be reported to the federal court. Officials state that paperwork requirements are greater at night and scheduling m\!Jre first appearance hearings at night would not allow sufficient time to complete necessary paperwork on those to appear before the judge. In contrast, arrest warrants issued by a judge include a bond amount. The State Attorney may recommend to the judge that bond be raised or lowered.

Locally, arresting officers are still empowered to issue a citation to accused misdemeanants which requires the accused to appear in court at a certain time, provided the criteria in the Florida Rules of Criminal Procedure are followed. Correctional officers (officers who staff the jail) may issue Notices To Appear to accused persons, provided that the accused has never failed to appear or violated conditions of a previous pretrial release. The Chief Judge monitors the issuance of Misdemeanor Citations and Notices To Appear. In Orlando, the Director of the Pretrial Release Program may release felons and misdemeanants on their own recognizance and his staff may release misdemeanants on their own recognizance. In Tampa, the State Attorney may release nonviolent felons and misdemeanants on their own recognizance. Jail sweeps (emergency release of jail inmates) are used in other circuits when necessary to avoid jail overcrowding and maintain the jail population below a mandated cap. This procedure has been discontinued in Jacksonville since implementation of the Bail Reform Act in September 1982.

In 1982, Florida voters accepted an amendment to the Florida Constitution which makes the right to pretrial release subject to reasonable conditions. The intent of the change was to encourage judges to consider nonmonetary forms before resorting to money bail. It provides that an accused may be held before trial "if no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process." The amendment does not affect current law regarding someone accused of a capital crime or life felony where there is substantial proof of guilt. Standards for when an accused person may be held as a threat to the community are enumerated in the resolution passed by the 1982 Florida Legislature which proposed the constitutional amendment. The bill was patterned after recomendations made by the Governor's Task Force on Criminal Justice System Reform and on a Washington, D. C. statute that has been upheld twice against constitutional challenge. After the amendment was adopted the Florida Supreme Court changed the Rules of Criminal Procedure to correspond to the intent of the amendment.

In a study conducted by the Sheriff's Office in early 1982 (when a standard bonding schedule was in place) fewer than 9ro of the felons in the sample who were released on money bond failed to appear at court. An earlier (1980) study by the Sheriff I s Office showed that 4. of felons and 7.4% of misdemeanants on pretrial release failed to appear in court as required. A capias (special order instructing officers to arrest an individual) would be issued when that happened, the individual would be arrested and brought to jail, and then released again because there was not enought space at the jail to hold him. Following implementation of the Bail Reform Act in this judicial circuit, those accused of a crime who have a previous record of failure to appear may not be released from custody before seeing a judge.

m

If

I

A federal court decision in Miam.i some years ago (Rainwater v. Pug~) mandated that all those arrested must be taken before a judge within 24 hours. Since that time the 24-hour requirement has been incorporated into

7


~

ARREST THROUGH FIRST APPEARANCE HEARING

PROPERTY SURRENDER

TAKEN

OOKI"G'~

INTO

IN JAIL

CUSTODY AWAITING

HEARING

}}

{t IARREST~DCHECK~

FIRST APPEARANCE HEARING

\

/' ~ MISDEMEANOR CITATION

BOND

SENTENCED

/'

RELEASE ON OWN{{. RECOGNIZANCE

I

~

Points

at

which

changes

recommended

{!

SET

In this

study

might

relieve

REFUSED

BOND

CHARGES

DROPPED

pressure

on

the

jail.

Since consolidation in 1968, J acksonvilleJ s population has grown about 14%, from 513,365 to 587,076. The number of persons between

After booking, a medical report is compl~ted on each inmate. A clinic in the jail is staffed by nurses, physician assistants and mental health workers. Physicians, a psychiatrist and a dentist conduct scheduled clinics; a physician is available for emergencies at other times. All but life-threatening emergencies can be handled at the jail clinic; other cases are referred to University Hospital for treatment.

the

ages of 17 and 34,

considered

at risk

11

11

for committing crimes, has increased by about 27%, according to various population estimates. However, by 1990, planners project that the number of persons in this group will reach a plateau and level off. ,Jacksonville has fewer pretrial beds per capita now than it did before consolidation although Jacksonville's population has grown since that time. Since consolidation several of Jacksonville's correctional facilities have been closed and the jail has expanded to use a nearby building for confining trusties (sentenced offenders who work in or near the jail to earn reduction in sentence) and pretrial inmates who do not present a security risk. There are 351 beds in the facility, 222 of which are for pretrial holding. Overflow from the jail may also be moved to the Prison Farm.

Those with medical problems are assigned to cells on the mezzanine, near the clinic. In this area, accused felons and misdemeanants are not separated. A temporary holding cell for women is also on this floor. Women are taken to the Prison Farm within 36 hours.

J A I L PLANNING LOCAL CORRECTIONAL OFFICIALS HAVE INDICATED THAT POPULATION GROWTH IS AN INDICATOR OF JAIL SPACE NEEDS. HOWEVER, AN INCREASE IN THE CITY'S TOTAL POPULATION MAY NOT ALWAYS DIRECTL Y CORRELA TE WITH J AIL SIZE REQUIREMENTS.

The Trusty same side

8

Housing of East

Unit is located on the Bay Street as the jail,


Ii I:

Ii

"

Ii Ii

11

~

II

across a side street. The facility is approved by the state for use as a minimum and medium security institution and for housiRg those on work release. The approval will expire upon completion of a new jail for Jacksonville; however, Jacksonville may request that the state extend approval for use of the facility in addition to space in a newly built jail. PRETRIAL

BEDS

AVAILABLE

JACKSONVILLE--1968

;'"1 ,~ ...

II

~

t Ii

FA Cll..ITY COW1ty jail (East Bay St.) City jail (711 Liberty St.) Trusty Unit (East Bay St.) Prison Farm (Lannie Rd.) TOTALS J ACKSONVll..LE POPULATION BEDS PER 1,000 POPULATION

8aPo were released pretrial. A more recent analysis by the Sheriff's Office (following implementation of the Bail Reform Act), shows that all accused felons and 7~ of all accused misdemeanants were held in jail until first appearance hearing. About two-thirds of those who reached first appearance hearing were released on own recognizance or on bond until trial. Analysis of one month's data (October 1983) confirms that only about one-quarter of all accused misdemeanants (and no accused felons) arrested were released before a first appearance hearing. In October 1983 the

IN

AND 1984

1968 CAPACITY

1984 CAP ACITY

448*

418

260**

Sheriff

Closed

--

222

--

***

708

640

513,365

587,076

1.4

1.1

I

s Office

t

]

arrests.

During

the jail

JAIL POPULATION: *Information about pretrial beds available in 1968 is imprecise. Some estimates show that up to 900 persons were crowded into the jail on occasion, and that, on the average, 530 were held daily. However, the jail was designed with a capacity of 448 beds. **Some estimates show that 178-190 were held

OCTOBER

daily. ***No beds have been formally designated to handle jail overflow. When the situation warrants, jail personnel check to see if beds are available at the prison farm. Up to 50 jail inmates have been transported to the farm on occasion, but generally about five inmates are transferred daily.

",.

3,085

On two sample days in October 1983, population at lOp. m. was as follows:

t

iii Ii

tnade

that month, 2,866 were booked at .the jail (2,116 were charged with misdemeanors, 711 with felonies and 39 with other crimes) leaving a balance of 219 arrested who were not brought to jail. An additional 296 were released from the jail on a Notice to Appear during that month.

PRETRIAL

EFFECTIVE PRETRIAL RELEASE PROGRAMS IN OTHER COMMUNITIES INCLUDE A PRE-ARRANGED BAIL BOND SCHEDULE AND/OR RELEASE ON OWN RECOGNIZANCE PROGRAM WHICH PROVIDES FOR MORE IMMEDIATE RELEASE FROM JAIL. JACKSONVILLE HOLDS ABOUT 74% OF ALL ACCUSED MISDEMEANANTS AND ALL ACCUSED FELONS IN JAIL UNTIL A FIRST APPEARANCE HEARING. According to a study completed by the Sheriff's Office in mid-1981, of all those booked into the jail,

1983

CHARGE Total misdemeanors Total felonies

OCT. 13 112 393

OCT. 107 376

Total in jail* (Excluding holding cells)

505

483

474

468

15

2

8

8

J ail counts include the following: --Number awaiting trial (any unsentenced inmate) --Prisoners awaiting sentence or transfer --Awaiting return to state hospital, prison, or extradition

RELEASE

13 AND 20,

*Two hours before midnight count taken, which must be 418 or below. Inmates are generally transferred to the Trusty Housing Unit or Prison Farm in order to keep the midnight count below 418.

9

20


-!I'

DISPOSITION AT FIRST (OCTOBER

1

APPEARANCE

- NOVEMBER

29,

HEARING 1982)

9... RELEASED BY MISDEMEANOR CITATION

81...

26 ... FELONIES

OF ALL ARRESTS

...

FIRST APPEARANCE HEARING

TOTAL ARRESTS

"7'

JAIL

"7'

74...

~

~

MISDEMEANORS

.

4 6 6 ...

He v e Bon d Set

28.8'"

Are

Sentenced

19.2'"

Are

Relea.ed

4...

Refused

Bond

1.4'"

Charges

Dropped

0 ,...

on Own RecognIzance

10... RELEASED ON NOTICE TO

APPEAR

(MISDEMEANANTS)

From

.II

a study conducted

by the Sheriff's Office.


During the same month, 67 public intoxicants (D-numbers) were processed through the jail. (See page 13 for a discussion of Myers Act and detention procedures for public intoxicants. )

PERCENTAGE OF VARIOUS CATEGORIES OF JAIL INMATE POPULATION SEPTEMBER 7, 1982 THROUGH

For the 1981 study described above, 4.7% of accused felons and 7.4210 of accused misdemeanants released pretrial failed to appear in court.

.,

" I

I'! II ;! Ii

FEBRUARY 28, 1983

In 1982 the Sheriff's Office completed an analysis of the projected impact of procedures to be implemented under the Bail Reform Act. Within a sample of 120 accused felons who were released pretrial, either by bond or on OWl) recognizance, only 5 (or 4. 2Jlo) failed to appear and 10 (8.3%) were re-arrested whl1e on pretrial release. In a sample of 178 accused misdemeanants, 161 were released pretrial. About 19'10 of' these were arrested while on pretrial release; approximately 29'10 failed to appear for trial. No information is available about the seriousness of the charges for re-arrest. A study completed by the City Council Auditor's Office in June 1983 analyzed a sample of 296 pretrial jail inmates, and found that accused misdemeanants seem to stay in jail longer, on the average, than before implementation of the Bail Reform Act. According to that study, the average incarceration period for pretrial inmates in the sample was 5.67 days (plus or minus 1.44 days) . (Earlier studies completed prior to the Bail Reform Act b'y the Sheriff's Office and consultants found the average stay to be 4.33 days for the sampled population. ) Felony inmates stayed in jail an average of 2 days less than earlier studies had shown; misdemeanor inmates, however, stayed an average of 2 days longer than earlier studies. In the sample taken by the Council Auditor, 32.77% of bookings were alcohol-related. Drivingrelated bookings (some of which included alcohol abuse) accounted for 30.74% of bookings. Based on the findings of that study, the following estimates were made:

11

CATEGORIES

PERCENT OF TOTAL JAIL POPULATION (1) (2)

Black Whi te

40.33 59.67 100.00

Felonies Misdemeanors Civil Violations

67.50 32.19 .31 100.00

Males Females

90.27 9.73 100.00

Alcohol-related arrests Driving-related arrests Arrested by other agenci8 Held for other agencies Method of Release Release on Own Recognizance Notice To Appear Bonds Expiration of Sentence Transfers to other institutions Other means

(I)

11. 62 (3) 7 .92 (3 ) 7.68 5.03 3.99 0.39 15.45 28.73 43.40 8.04 100.00

Assuming that our sample of 296 pretrial inmates was representative of the jail's inmate population during the period September 7, 1982 through February 28, 1983. held at (2) Includes pretrial females Institution Jacksonville Correctional (Prison Farm). (3) Because of DWI offenses, these two percentages are overlapping.


it VERY UTTLE IS KNOWN ABOUT THE "DANGEROUSNESS" OF THOSE ON PRETRIAL RELEASE. HOWEVER, THE DATA AVAILABLE IN JACKSONVILLE ON RE-ARREST AND FAILURE-TO-APPEAR RATES OF THOSE ON PRETRIAL RELEASE SEEMS TO CONTRADICT STUDIES DONE IN OTHER CITIES. Arrest information provides the only quantitative measure available for assessing the crimes committed by those who are on pretrial release. Little statistical information is available on pretrial release.

to one study, l&Yo of re-arrests take place during the first week of release, 4910 within 4 weeks, 6tf1o within 8 weeks and 80% within 12 weeks. Generally, re-arrest occurs sooner for less serious charges.

DATA COLLECTION DIFFICULT

.

It is not known how many people in the U. S. are on pretrial release. By considering the num ber of arrests in the U. S. annually, the estimated fraction of arrested persons released pending trial and the estimated duration of the pretrial release period, calculations indicate that roughly 1.6 million people in the U. S. are on pretrial release at a given time. Nationally, 85-90% of those arrested are released pending trial. By analyzing studies of samples completed between 1973-1981, the number of persons re-arrested at least once ranged from 7.910 to 23.210. Many of those who are re-arrested during pretrial release are re-arrested more than once. A study of a 1981 Washington, D.C. sample showed that 2,905 people on pretrial release accounted for 4,148 re-arrests. About 3CVlowere re-arrested more than once Very little information exists on the seriousness of crimes committed by those on pretrial release, or the relationship of the original charge to re-arrest rates. LTl D. C ., for persons released in 1981, the rearrest rate for those charged with felonies was 22.910; for misdemeanors, 25.7%. According

.

ESSENTIAL

JACKSONVILLE HAS NO COMPUTERIZED SYSTEM FOR ACCESSING STATISTICAL INFORMATION ABOUT THE JAIL POPULA TION A MANUAL SEARCH OF PRISONER FILES IS NECESSARY TO OBTAIN INDIVIDUAL OR AGGREGATE INFORMATION ABOUT THE J AIL POPULATION. During the early 1970 I S a computer terminal which accessed the Florida and national networks for identifying information about arrestees was located in the jail for about six months. The system was subsequently moved to the Records and Identification area in the Police Memorial Building because the jail did not have adequate facilities or trained personnel necessary to use the system. (A staff person trained in fingerprint work and the classifications that are always listed on persons in other jurisdictions must be available to use the system.) Jail planning requires assembling information to analyze current performance of the criminal justice system, the potential impact of alternative courses of action, the costs and benefits of implementing or expanding alternative programs and, from those, to project detention fadIi ty needs. ~ccording to criminal justice planning resources, information in the following areas must be collected for a suf-

JAIL PLANNING

INFORMATION

IMPLEMENT ATION AND EVALUATION OF PRETRIAL RELEASE PROGRAMS

Number of arrests by type, number in custody meeting release criteria, re-arrest rates, failure-to-appear rates.

CLASSIFICATION OF INMATES HOUSED IN THE JAIL

Pretrial/sentenced; security needs; granting pretrial

FUNCTIONING OF THE CRIMINAL JUSTICE SYSTEM

Variables in arrest, booking, arraignment, hearing and disposition of cases.

length of stay, charges; program needs, barriers to release.

12

"I


ficient period conclusions.

of

time

to

form

meaningful

During the mid 1970 's, the Sheriff t s Office conceived the idea of an Offender Based" Tracking System (OBTS). The OBTS would have accumulated data on the jail population including characteristics of inmates, charges, and recidivism as well as prisoner and resource management information for use by all of

Jacksonville

system mation

t

s

correctional

was also intended which would have

facilities.

to contain been useful

The

inforto the

courts and clerk t s office as well as the State Attorney I s Office and these agencies would have had input capability and full participation within the system. Some design work was done by programmers and systems analysts who were hired under the various Law Enforcement Assistance Administration (LEAA) grants that existed at that time. The OBTS never became a reality and the program design was not completed prior to the end of LEAA funding. However, inmate tracking programs are available from information management corporations specializing in corrections.

where medication is used in a 3-day program . supervised by medical personnel. Admission criteria rule out those on other drugs, those exhibiting violent behavior, those not intoxicated with alcohol (as evidenced by a .10 breathalizer test rating), and persons who are bleeding, unconscious, or requiring diabetic or heart medication. Persons admitted must be agreeable to stay for the full 72 hours of treatment. They may not be detained involuntarily. Despite the fact that Gateway officials believe there are in excess of 300 public inebriates in Jacksonville, the facility is not always full. The chronic revolving door alcoholics are frequent repeaters, many of whom are not interested in recovery. If the public inebriate is taken to jail, he is not formally arrested, but admitted as a "D number" and placed in a holding cell for approximately 4 to 6 hours; in any event not overnight. Holding cells, on the first floor of the jail, a.re not incJllded in computing the jail cap. Therefore, the public inebriates (who are not charged with a crime)" do not affect the official jail count. However, they must be checked every 15 minutes for health reasons and constitute an economic drain on the jail. If the inebriate is taken to University Hospital, it may later be necessary for the police to make an additional trip to the detoxification center or to the jail.

INEBRIATES

PUBLIC

ALTHOUGH STATE LEGISLATION PROVIDES THAT TREATMENT FACILITIES, RATHER THAN JAIL, SHOULD BE USED WHENEVER POSSIBLE FOR PUBLIC INEBRIATES, THE LAW DOES ALLOW UP TO n HOURS DETENTION IN JAIL FOR INDMDUAL PROTECTION. PUBLIC INEBRIATES HELD IN JACKSONVILLE I S JAIL DO NOT AFFECT THE CAP. Before passage of the Myers Act by the Florida Legislature in 1973, public :lrunkenness was a crime. That act mandated that drunken persons should be provided with treatment facilities unless a criminal charge was filed.

Communication problems between professionals at the detoxification center, the jail, and the police have created problems in Jacksonville as in many communities across the nation. Alcohol treatment professionals tend to favor long term rehabilitation and treatment over detoxification of the chronic public" inebriate. The police often become impatient with stringent admission requirements of detoxification centers and with the time spent in transporting people between the detox center and the jail. The police may not be totally familiar with the admission criteria of the detoxification centers and whether a vacancy exists at the detoxification centers. The number of chronic public inebriates creates extensive and expensive community problems. Their effective treatment requires a high level of cooperation and communication between the police, the detoxification center professionals and jail correctional officers.

Currently, public inebriates picked up by the police may be taken to detoxification services, to the jail, or to University Hospital. Gateway Community Services is a private nonprofi t agency (funded by the city and state) which provides a full range of treatment and rehabilitation services for alcoholics. It maintains an Acute Care Unit (for detoxification) on Jessie Street (approximately a mile and a half from the jail) which can accommodate 35 public inebriates.

Extensive The Acute

Care

Unit

provides

a medical

has

model

13

shown

experience that

only

in Canada about

27ÂŁ10 to

and the U. S. :wi> of public


inebriates need hospital tion. They can be cared on one of two levels: 1.

jail inmate for 24 hours cost $26. 65--an individual assigned a D-num ber would typically stay in the jail for 4 to 6 hours only but would require more extensive medical monitoring than the average inmate.

care for detoxificafor more successfully

Special chronic treatment centers for alcoholics which may be operated by a nurse, under medical supervision. The centers are often staffed by workers who are recovered alcoholics.

MENTALLY

Minnesota

t

s experience

Office has contracted with the center to provide more extensive services than before. Three mental health workers and a part time psychiatrist are funded through this contract.

shows The contract with the Sheriff I s Office is for $80,000 annually. About 6,200 mental health visits (at a cost of $10 per visit) and 1,200 psychiatric visits ($16 per visit) are included. Comparable services provided at University Hospital would cost $15 and $20, respectively. The jail pays for medication, nursing care and other overhead. Psychiatric patients do not participate in recreation while at the jail. Hospitalization costs $154 per day, excluding guard and transportation. The cost is generally paid by the state, through the Baker Act (a Florida Statute which specifies procedures to be used when committing mentally ill persons to treatment facilities).

that a non-judgmental and very supportive approach is most successful with chronic public inebriates. This is in contrast to a more confrontive reality therapy approach which may be successful with middle and upper class clients. Because of the value of a supportive approach, many experts recommend against locating detoxification facilities within or immediately adjacent to a jail. Jails are generally viewed as punitive institutions. In Florida, the sta te funds a domicilliary program designed for the chronic public inebriate. The program is more structured

than

Minnesota

t

s program,

but is patterned

A screening instrument is completed for those seen at the jail to determine past mental illness. Referrals can also come from nurses at the jail, other inmates or the prisoners themselves. The primary task of the unit is to provide crisis assessment--determining whether prisoners are at risk of suicide, are violent, or display other signs of mental illness. The unit also makes inmate management suggestions and provides mental health information to the jail staff. Psychiatric transfers and follow up are also the responsibility of the mental health staff at the jail. However, mental health personnel indicate that the amount of space available in the jail for use by mental health staff working with inmates is insufficient.

on a non-medical model and incorporates Alcoholics Anonymous involvement. Alcohol-related crimes account for a significant proportion of the jail population. In 1982, 4,579 persons were arrested in Duval Cotmty for driving while intoxicated; for the first nine months of 1983, 3,221 were so arrested. Local alcohol facility administrators estimate that 39'l"oof the first offenders (DWI) are alcoholic; of second offenders, 80ra are alcoholic. Those with more than two offenses are almost certainly alcoholic. In 1982, 4, 611 were arrested for drunk and disorderly conduct. For the first 11 months of 1983, there were 3,607 such arrests.

The cost proposal 20 beds included operation

INMATES

THE COMMUNITY MENTAL HEALTH CENTER AND UNIVERSITY HOSPIT AL HAVE BEEN INVOLVED WITH THE JAIL FOR ABOUT 7 YEARS. Since Miller v. Carson, the Sheriff t s

2. Board and lodging facilities which are apartments or homes using Alcoholics Anonymous or other social therapy models. In Minnesota the average daily cost of this approach is $13.00. General assistance payments provide the funds for

expenses.

ILL

There are three populations which are dealt with by the mental health unit at the jail:

per bed at Gateway is $60/ day. A developed by Gateway in 1982 to add to handle additional public inebriates a cost of $320,000 (start up and for one year). In 1982, housing a

1. Chronic patients (long psychiatric history); these are often" street people" exhibiting unacceptable behavior. About 60 persons

14


have been undertaken to facilitate building a new jail in Jacksonville. The Sheriff's Office has launched a 3-phase planning effort which involves first managing the current jail population. This phase is under the direction of the Chief of Jails. Programs in use for pretrial release (before 10/82) were considered a model for other communities to emulate. Next, the effort calls for development of an interim solution. This phase includes strategies to "buy time" until a long-range solution to jail overcrowding is found. The major strategy selected has been the use of the Trusty Housing Unit. A study completed by Willis and Veenstra (1980) for $23,000 examined the condition of the building and possible uses. The study recommended that the building be altered temporarily in order to house the overflow from the jail. According to the study, the design of the building is not suitable for long-term permanent use. The final phase, development of a long-term solution, was begun in February 1981. This phase has included meeting with the National LTlstitute of Corrections in their PONI 1 (Planning Of New Institutions) conference. The recommendation of the PONI 1 conference was that the city assign a full time jail project manager with a staff of 3-5 and a budget of $100,000 to plan for the new jail. Since the city could not afford to do that, the Jail Planning Team was formed which has included city personnel from the Sheriff I s Office, planning department, the jail, and Dr. Robin

each month charges vagrancy,

are repeaters. Common against these people include trespassing and public exposure.

2. Mentally disordered charged with felonies.

offenders;

usually

3. Individuals who develop psychiatric symptoms as a result of the arrest and jail experience. These persons are generally not repeaters.

DRUG/ALCOHOL PROGRAMS

ABUSE

The Treatment Alternatives to Street Crime (TASC) program screens, interviews, refers, and tracks those charged with or convicted of an offense involving drug abuse. The Standards Implementation Program (SIP) provides counseling services to inmates in the county jail, prison farm and Fairfield House. Arrests for sale or possession of drugs accounted for (f!o of all Jacksonville arrests in 1983. In 1983 there was a 24% decline in tlie num bel' of persons arrested for sale of drugs, as compared to 1982. However, arrests for possession of drugs increased by 31%. The T ASC program is funded through a general contract with the Florida Department of Health and Rehabilitative Services for $176,089. SIP is funded through a contract with the city for $49, 504.

Ford,

In 1983 the TASC program screened 365 individuals at the jail and made 255 referrals to active treatment of substance abuse. During 1983 there were 267 persons in active treatment. (The Florida Division of Parole and Probation can refer persons directly to treatment. ) During the next fiscal year (1984-85) T ASC will focus on ear lieI' intervention with misdemeanants \ and juveniles.

A

NEW

outside

consultant.

A

needs

analysis

In September 1982 the bonding laws changed pursuant to the Bail Reform Act, impacting upon the needs analysis, which was subsequently updated. The updated analysis reaffirmed the need for a facility with a capacity of 1,200 inmates.

In 1983 the Standards Implementation Program averaged approximately 25 new admissions at the jail each month. In addition, SIP staff conducted an Alcoholics Anonymous/Narcotics Anonymous meeting at the jail about once per week with an average attendance of 50-75.

PLANNING

an

was completed by this team in August 1981. In April 1982 City Council appropriated $35,000 to begin a two part study to examine the options for costs, site, and configuration of a new jail.

Concurrently, the Mayor became concerned about the jail problems and named a task force to study the problem. The Jail Planning Team worked closely with that group. The Mayor's task force recommended aI, 200 bed facili ty on the Christopher Building lot, which is adjacent to the present jail.

J AIL

LOCAL CRIMINAL JUSTICE PROFESSIONALS HAVE INDICATED THAT THE NEED FOR A NEW JAIL HAS BEEN APPARENT SINCE THE LATE 1960'S. A number of planning efforts

After

15

determining

the

size

of a new

facility,


handle booking of those brought into the jail. Individuals must often be placed in holding cells to wait until others are processed through the booking area.

the next phase of planning concentrated on naming a specific site. City Council chose from two sites recommended by consultants: the Christopher Building lot next door to the present jail or one on the east end of the Police Memorial Building. In late 1983 the City Council chose the Christopher lot, directing that a jail only (not a jail/court complex) should be constructed. The firm of Reynolds, Smith and Hills was retained to develop site-specific plans for the jail facility.

Although the operational cost per jail bed may go down with building a new jail facility, the total cost of the jail will be increased as the number of inmates increases. Approximately 7!1% of current operating costs are related to staffing. When considering the costs of a new jail, only 10% of the total "life cycle" cost is related to construction--90% is attributable to operating the facility.

MANY OPTIONS AVAILABLE J ACKSONVll.LE COULD RESPOND TO THE OVERCROWDING SITUATION IN MANY WAYS, INCLUDING BUILDING A NEW FACILITY, RENOVATING THE CURRENT JAIL, CHANGING ARREST PROCEDURES AND INCREASING THE NUMBER OF PRETRIAL RELEASE OPTIONS AVAILABLE. Since Miller v. Carson and Arias v. Wainwright, efforts to cope with overcrowding have included a number of innovative pretrial release mechanisms. However, many of these are no longer in use in the same form, following Chief Judge Shepard's Administrative Order implementing the Bail Reform Act in September 1982.

OTHER

APPROACHES

Another pretrial release mechanism which has not been used in Jacksonville is home detention. The Florida Division of Youth Services has successfully used home detention for juveniles. Under home detention or "house arrest" the individual stays at home when not at work. One to 3 visual contacts are made daily in addition to telephone supervision. This can be used for those who are not good candidates for Release On Own Recognizance (ROR) In the juvenile field the cost is about $12 a day for close supervision as compared to $60-$100 for detention. Some detention facilities cost $125 a day. The same is true in holding adults. In California, home detention costs about the same as probation. The best probation system in the country will cost $8-$10 daily; most cost $3-$5 daily.

.

The jail was built as a maximum security institution in the mid 1950's, reflecting the "state of the art" in correctional facilities. At present, the large majority of inmates in the jail require medium or minimum security detention. Local correctional officials believe that the current jail has outlived its "life cycle." They contend that building a new jail should eliminate the need for auxiliary beds at the current jail, and that such a plan would be more cost effective than attempting to supplement the current jail. They also indicate that the present jail is extremely labor intensive (about 2:1, inmate to staff), but required architectural modifications to the current jail to bring it into compliance with standards would reduce the capacity of the jail substantially. (The current facility meets standards in effect when it was constructed; if it were to be..remodeled, current state standards, which impose additional requirements, would apply to the parts remodeled). In addition, a remodeled facility may still be labor-intensive. Presently, the jail staff numbers approximately 300; approximately 55 are on duty at one time. Because of the design of the first floor, there is limited space to

Some jurisdictions have experimented with electronic shackles, which are devices worn on the wrist or ankle that emit a signal whenever the wearer moves beyond a specific distance from a "base." However, where they have been used they have not been effective, primarily because they have not proven to be waterproof. The National Sheriff's Association (in its Guidelines for Planning A Detention Facility) indicates that if bonding procedures are not streamlined to allow for speedy release of those so entitled, the receiving and booking of people who will be released in a few hours creates a costly and meaningless process. It is common practice throughout the country to release people on their own recognizance, including the entire range of felons. Issuance of summons (citations) has also been success-

16


IN EFFECT PRIOR TO AFTER I 9-7-82 9-7-82

MECHANISM/DESCRIPTION

CASH BOND (Imposition of financial surety to increase the probability of appearance in court; individual pays full amount but receives all or most back upo:r;1 court appearance.)

SURETY BOND (Imposition of financial surety to increase probability of appearance in court; individual pays 10P0, bonding agency the rest.) SIGNATURE

to release month

RELEASE--MISDEMEANORS

residency,

money

RECOGNIZANCE--FELONS

correctional

Warrants

Section

of

Yes

Yes**

Yes

Yes

Yes

Yes

Yes

Yes*

Yes

No

Yes

Yes

Ys

Yes

Yes

Yes

Yes Yes Yes Yes Yes Yes Yes

Yes No Yes Yes Yes Yes No

by a judge

(Release

the

Yes*

and

PRETRIAL INTERVENTION.PROGRAM (Operated by the State Attorney's Office, felons who are first offenders can be released from jail and, if they continue to adhere to a contract, their cases are never filed.) (The

Yes

officer

bond.)

TESTER

Yes*

the

MISDEMEANOR CITATIONS (Allows police officers to release from custody those arrested for first and second degree misdemeanors or violating a municipal ordinance with a written Notice to Appear citation.)

DEPUTY

Yes

have a local six

responsible job, identification clearance that he will return for trial.)

RELEASE ON OWN without

(Allows

accused misdemeanants if defendants

a signed statement

IN

RELEASE MECHANISMS JACKSONVILLE

PRETRIAL

Sheriff's

Office

mails

a notice to individuals wanted for misdemeanor offenses. If the warrant, a signature person turns himself in on an outstanding bond

can

be

investigation.

written )

in the

Warrants

Office,

following

an

TREATMENT ALTERNATIVES TO STREET CRIME (Screening in jail for alcohol and/ or drug dependency and referral to treatment agencies.)

of those

ALCOHOL DETOXIFICATION CENTER (Medically supervised "sobering up" and referral to continuing treatment.) BAKER ACT (Individuals when appropriate.)

taken

to mental

health

treatment

facility

INTERNAL

PROCEDURES within 24 hours 45 minute identification clearance D-numbers for public inebriates Weekly transportation of state prisoners Weekend commitments housed for first weekend only No holding of federal prisoners procedure to decrease the number Jail sweeps (an emergency individuals in the jail. An Assistant State Attorney and the

1. First 2. 3. 4. 5.

6.

7.

Chief

appearance

Judge

consider

in court and decide zance. )

the

probability

which

should

of each be released

*Release delayed pending first appearance overnight) spent in jail. **Now called Notice to Appear.

inmate's

appearing

on their

own recog-

before a judge;

17

of

some time

(possibly


ful on the street--fewer than 910 fail to appear. In New York City, where such a program is in place, there has been a failure-to-show rate of between 1Yz and 2?10. Well over one-quarter of the jurisdictions in this country release people from the jail prior to booking on a pre-arranged bail bond schedule without mandatory jail time before first appearance. Research from all over the U. S. shows that Release On Own Recognizance (ROR) and other non-financial forms of release are as effective as and, in some jurisdictions, better than financial methods of release in assuring appearance in court and minimizing pretrial arrests.

linked to a higher failure-to-appear risk nor has it been associated with a higher probability of re-arrest. In fact, some studies have shown lower re-arrest rates for serious offenders who have been placed on ROR. Obviously, a heinous murderer would not be released in such a program. In Iowa, the ROR program concentrates on those accused of felonies and more serious misdemeanors. Upon arrest, trained counselors interview the accused to determine whether ROR is appropriate. The program is patterned upon the Vera project. The ROR program in New York City is made up of 6010 felons and 4010 high misdemeanants. Thirty-one percent (31%) of all arrestees there are released on their own recognizance. The failure-to-appear rate is 5.1% for those recommended for ROR; 130/0 of those not recommended for ROR, who are out on bond or other mechanism, do not appear.

About 22-23 years ago the Vera Foundation of Justice in New York City began a program of releasing persons on a summons basis. (The Manhattan Bail Project) The program was qui te successful a...Tldhas been replicated in many cities throughout the U.S., including throughout the state of Iowa. The failureto-appear rate in Des Moines, Iowa is just over 1%. The re-arrest rate (over the 20 years the program has been in place in Des Moines) has been 30/0, made up primarily of drunk drivers. b Des Moines, as in many other cities throughout the country, many felons are released on their own recognizance. The

seriousness

of

the

charge

has

not

Willful failures to appear in court defendant absconds and is returned being apprehended, typically do not of all released defendants nationally. evaluation of pretrial release found 2?10 of all released defendants classified as fugitives.

been

where the only after exceed 410 National that only could be

CONCLUSIONS Conclusions

express

the value

judgments

of the

1. A pre-trial detention facility such Jacksonville's jail should be used for following purposes:

committee,

as the e)

a) to process those accused of a crime who cannot be released immediately after arrest (primarily because of need for additional identification checking)

c) to hold until determined to community.

trial be a

d) to

persons

hold

those

those danger

who

b)

persons to the

a

18 ---

findings.

hi?h trIal.

probability

of

fleeing

before

to hold those persons who have been adjudicated and are awaiting transfer to state prison or a state hospital. be justified

a) Federal court decisions do not require that Jacksonville build a new jail--only that the number of inmates be limited and that certain conditions be met.

first serperdrug

have

on the

2. The need for a new jail cannot on the basis of overcrowding.

.

b) to screen individuals awaiting appearance to determine social vice and health needs (including sons who are intoxicated, abusers and transients).

based

Since 197 4, Jacksonville has been able to stay wi thin the court ordered cap on the jail population with only two exceptions, notwithstanding implementation of the Administrative


Order

(Bail

Reform

Act)

in 1982.

f)

c) Since a large majority of those who go to first appearance hearing are subsequently released on bond or own recognizance pending trial, it appears that most are not dangerous to the community or likely to flee. Therefore, speeding up the release of those who will be released anyway would free a significant number of beds in the jail. d) Implementation of the Bail Reform Act in this judicial circuit differs from procedures followed in Florida's other 19 circuits. This has contributed to a high jail population here by delaying use of certain pretrial release programs (cash bond, surety bond and release on own recognizance) which divert individuals from the jail. It has also deleted the Deputy Tester program which

allowed the Sheriff

I

3.

Despite laudable efforts by the jail staff, there are inadequacies and high operating costs inherent in the current building. a) The current jail maximum security

s Office to write

as

a

inmates security

c) The design of the current jail creates inefficiencies particularly as related to the booking process and results in greater staffing needs and high operating costs.

e) Jacksonville is not using pretrial release mechanisms proven successful in other communities, where up to 4(p,1o of those arrested are released without mandatory jail time. These programs include Des Moines' program for release on recognizance of certain' .felons (following evaluation by someone other than a judge), home detention (in use in California) , a 1010 bail program administered by the court (in use in Illinois), and a dual bond schedule I

is designed institution.

b) The great majority of require minimum or medium detention.

signature bonds for certain persons wanted for misdemeanor offenses.

such as the one in place in Florida

Currently there are 640 beds. available for unsentenced inmates at the Jacksonville Jail and Trusty Housing Unit (Jail Annex) one block away. (There are 418 beds at the jail. In the Trusty Housing Unit unsentenced inmates occupy up to 222 beds on the first and second floors; 129 trusties are housed on the third floor.) Additional beds are also often available at the Prison Farm. These additional beds provide sufficient overflow space to meet current pretrial needs.

d) There does not appear to be conclusive evidence that renovation of the jail would not be a cost-effective option.

4.

s

Tenth Judicial Circuit (Hardee, Highlands and Polk counties).

Data on jail population and arrests are not collected in a standardized manner. In addition, data which have been presented are not necessarily representative, are difficult to interpret, and, in some cases, appear to be conflicting.

RECOMMENDATIONS Recommendations conclusions.

are

the

committee's

specific

1. Jacksonville should not build a new until the following recommendations implemented a.n:d evaluated. Only then the need for a new jail be assessed. a)

The

Sheriff

should

initiate

suggestions

for

change,

based

on the

findings

and

of arrest practices to determine whether citations could be used in more cases to avoid taking persons unnecessarily to the jail. Additional police training to acquaint officers with revised procedures should also be implemented.

jail are can

a review

19


I b)

c)

d)

e)

f)

,

2.

The Sheriff should give priority to housing pretrial inmates at the Trusty Housing Unit (Jail Annex) and moving trusties to the Prison Farm when necessary to alleviate overcrowding. The Sheriff should also determine whether another downtown facility might be used to house trusties.

Office and the Public Defender's Office. The Prison Farm and Fairfield Correctional Institution should also be included to facilitate data collection for the entire correctional system in Jacksonville.

3.

The Fourth Judicial Circuit should implement night court during the peak arrest times of 9 p. m. until 12 midnight. The Circuit should also install a computerized system which would more quickly provide identification information on individuals appearing before the judge. Such information should be maintained on terminals which are accessible to the court, attorneys and the Sheriff, rather than within duplicate file folders in each office. The use of standard bond schedules and pretrial release decisions by persons other than a judge should be re-established through an Attorney General opinion interpreting current law or legislative action and amendments to the Florida Rules of Criminal Procedure, if necessary. The Fourth Judicial Circuit should implement additional pretrial release programs which are successful in other communities. Programs which should be considered include Release on Own Recognizance of certain accused felons without appearance before a judge, home detention, and 10>10or other reduced bond program administered by the court.

City Council should appropriate funds reorganize and enlarge the booking area the jail.

to of

4.

In conjunction with alcohol and mental health agencies, the Treatment Alternatives to Street Crime program should implement a pilot program to screen each person booked at the jail and divert drug and alcohol abusers to proper services whenever possible. Evaluative data should be compiled to determine the impact of such a program upon the correctional and court systems. Based on these data, a permanent program should be designed and implemented at the jail.

5.

The Sheriff should increase training available to police on characteristics of drug and alcohol abusers and the mentally ill, so that individuals can be taken to appropriate services whenever possible.

6.

The state and the city should provide funds for more beds at the Acute Care Unit (detox) to insure that police take public inebriates directly to appropriate services rather than jail.

7.

The Florida Legislature should strengthen commitment procedures for chronic alcoholics, using legislation in place in Minnesota as a model.

The Sheriff should compile data on effectiveness of pretrial release programs now in place and to be implemented in the future.

8.

In order to gain accurate, timely data about the functioning of the correctional and court systems, the Sheriff, 1.11conjunction with the State Attorney, should establish a unified computer system with the ability to track persons from arrest to disposition. The system should have access terminals in the Police Memorial Building, Jail, State Attorney's

Additional state or local funds should be provided to Gateway Community Services to expand their program for chronic public inebriates who have completed detoxification.

9.

The Sheriff should increase the number of mental health workers available to inmates at the jail to insure that inmates who are mentally ill will be moved to appropriate services in a...11exp editious manner.

I I \

20 ..


REFERENCES Advisory Relations, Dimensions

Commission on Intergovernmental In Brief. Jails: Intergovernmental Of A Local Problem. Washington,

American the Facts.

Institute

D.C.

Board of Corrections California,

I

of

Corrections, Planning 1981.

Criminal

Justice,

State of Handbooks,

Cook, 1983.

R.

0.,

Henry,

Council Auditor Report to Council

President,

30

June

Knopp, Fay Honey; Mackey, Virginia; Phillips, Mark; and Zane, Nancie. Researching Your Local Jail: A Citizen's Guide for Change. New York: Safer Society Press, 1981.

Just

California, State of

"Decline in crime here lagging behind Jacksonville Journal. 24 August 1983. Ellis, Tom. County Jail."

Johnson,

Mahoney, Michael J. "Pre-Trial Release." Case & Comment (January-February 1984): 3-9.

state." Mayor's Task Force on New Jail "Mayor's Task Force Report on Facilities." Jacksonville, Florida.: 1982.

"Fear and Loathing in the Duval Jacksonville, Vol. 12 No.1,

Facilities. New Jail November

pp. 36-48. Florida, Duval County. Department of Corrections, Municipal Detention Facilities,

National Coalition For Jail Reform, The Public Inebriate, LOOK At Your Jail!, Pretrial Detention, and Jail. Pamphlets.

Rules of the County and Chapter 33-8.

Florida, Duval County. Circui t Court of the Fourth Judicial Circuit. "Bail and First Appearance Hearings." Administrative Order, Augu~t 31,1982.

National Criminal Justice Collaborative, and City of Jacksonville Jail Planning Duval County Jail Needs Analysis, 1981.

.

Florida. Reform

Act"

Statutes, (1982).

Chapter

82-175

"Bail

Schlesinger, Steven R. "Summary: PreTrial Crime: Reaching a 'Frighteningly High' Level." Bureau of Justice Statistics Brief (November 1983): Vol. 4, No.9.

Ford, Francis R.; and Ker Ie, Kenneth E. The State of Our Nation's Jails. Washington, D. C.: National Sheriff's Association, 1982. Goldfarb, Ronald. Ghetto. New York: 1975.

Henry, D. Alan. Washington, D. Resource Center,

" Spli t panel site." Florida

Jails: The Ultimate Anchor Press/ Doubleday,

COMMITTEE C h air

MEMBERSHIP

man:

Mechanisms," Jail Plan. Jacksonville,

United States District Court for District of Florida, Jacksonville Case Number 74-382-Civ-J-S, farson, 1975.

Inc. ,

Council, May 1982.

backs Christopher Building jail 7 December 1983. Times-Union,

"Summary of Release Overcrowding Management Florida, 1983.

Ten Percent Deposit Bail. C. : Pretrial Services (January 1980).

Jacksonville Community Downtown Der~licts Study,

Inc. Team, August

E I e a nor

AND

J.

the Middle Division. Miller v.

WORK

Gay

The full committee met weekly from October 1983 through February 1984 and was composed of JCCI members representing a cross section of the Jacksonville community. It received information from 17 resource persons, plus additional materials provided by JCCI staff research. After gaining a perspective on policies influencing Jacksonville's jail the committee reviewed information about alternatives to jailing which have been used successfully by other communities. In January and February the committee formulated its conclusions and recommendations.

21


Management

Team

Members

C. L. G. Ashby Stu~t Walter Virginia Margie

Ward Rainnie Harry Reagan Sandra Sheppard Carol Sheridan Deborah Thompson Bob Tobin Theodore Wendler Grace West

Margie Daggett Laura D t Alisera Larcie L. Davis Myron Dunay Yvette Gardner Robert Hartsell Linda Helm James N. Henry Thomas Herd Dan Holloway Vicey James Barry Kling John Marron Balraj Mehta Tom Ossi John Plumlee

Eleanor J. Gay, Chairman Bernadine Bolden Linda Foley Janet Johnson Hy Kliman Hilton Meadows James Rinaman

Ashby Bell Borrok Campbell

Staff

Support

Frances L. Kling Annette Brinson Shari Conner Marcia Whaley

JCCI STUDIES

CHAIRMEN

*Local Government Finance *Housing

Robert D. Davis .Thomas Carpenter

*Public Education (K-12) *public Authorities *Strengthening the Family Capital Improvements for Recreation Citizen Participation in the Schools Youth Unemployment Ci viI Service Planning in Local Government But Not in My Neighborhood The Energy Efficient City Coordination of Human Services

Higher Education Disaster Preparedness Teenage Pregnancy Downtown Derelicts Mass Transit Indigent Health Care *Copies no longer

THE

J CCI

Robert

W. Schellenberg Howard Greenstein Jaquelyn Bates Ted Pappas Susan Black Roy G. Green Max K. Mor r is I. M. Sulzbacher Pamela Y. Paul Roderick M. Nicol Pat Hannan

R. P. T. Young Walter Williams, Jr. Mari Terbrueggen Earle Traynham David Hastings Linda McClintock available

STUDY

for distribution

COMMITTEE

The JCCI Board of Managers appoints a Program Committee which recommends a balanced program of study for the year. The Board reviews and approves the program. The Board President appoints the Chairman of each study committee and the Chairman, in turn, selects a Management Team.

Orientation,

a Final

PROCESS Fact-Finding

Report.

and

The

Development

committee

complete when the report and approved by the Board

t

of

s work is

has been reviewed of Managers.

The Board of Managers releases the report to the JCCI members and the community. An implementation coordinator and a special task force draw up implementation plans, which are approved by the Board. This task force then

Study committee members are recruited from the JCCI membership. Interested members of the community may also participate. The study committee t s work consists of 3 phases:

brings dations

the

committee

to community

t

s work and recommen-

decision-makers.

22

.-


.

1 1

~.

I

RESOURCES The JCCI study process relies upon information supplied by knowledgeable resource persons in addition to published reference materials. As part of its fact-finding, the committee toured the Jail and Trusty Housing Unit. We wish to thank the following resource persons for meeting with the committee and making very valuable contributions to this report. THE HONORABLE

ED AUSTIN,

DON BARTLETT,

Executive

MICHAEL A. BERG, VIRGINIA

DAVE BRIERTON,

Inspector

THE HONORABLE

DALE

HIGGINS,

Chief,

THE HONORABLE

General,

CARSON,

PATRICIA Center

RIVERS,

THE HONORABLE

District Florida

Sheriff,

Director,

National

Planning

& Research

JONES,

Associate

Department

JOSEPH R. ROWAN, Interna tional, Inc.

Executive

ROBERT

THE HONORABLE

Circuit

Services

IV, Mental

Department Duval

of Corrections

Justice

Collaborative,

Office

of Criminal

University

Director,

Justice,

City

and Criminal

City

Chief Judge,

Fourth

Council

J C C I STAFF Chambers,

Executive

Director

PROFESSIONAL:

John L. Hamilton Frances L. Kling Carol Adams

SUPPORT:

Marcia Whaley Annette Brinson Shari Conner

23

of North

Mental

Health

Justice

Council

Esq.

Marian

Sheriff

University

Hospital-Community

Juvenile

SCHELLENBERG,

SYLVIA THIBAULT,

of the

Inc.

Council

Professor Head,

Board

Program and Ex-Offender West Palm Beach, Florida

Division,

City

Health

County

Criminal

THE HONORABLE CLIFFORD B. SHEPARD, 'WILLIAM SHEPPARD,

Judicial

Community

Alternative Sentencing of the Public Defender,

WARREN

DR. CHRIS RASCHE, Florida

Gateway

Director,

DWIGHT DUNCAN, Director, Assistance Program, Office

GARY

Fourth

Duval County Jail

Executive

DR. ROBIN C. FORD,

Attorney,

Director,

Chief,

BORROK,

State

Judicial

Circuit


THE

JACKSONVILLE

COMMUNITY

C 0 U N C I L,

INC.

The Jacksonville Community Council, Inc. (JCC!) was formed to anticipate, identify and address the complex issues of urban life. JCCI is a community-based nonpartisan, nonprofit organization providing the vehicle for in-depth, objective, citizen analysis of community problems and issues. It seeks broader community awareness and understanding of the issues and provides Jacksonville a diverse citizen forum reaching across the traditional dividing lines of a complex and diverse urban community. The primary goal of JCCI is a better quality of life in Jacksonville through positive change. It has a short but impressive record for the quality, objectivity, clarity, and practicality of its studies of community problems, and its advocacy for the solutions it develops. Jacksonville has experienced the benefits of numerous improvements growing from these citizen studies. Through its support of the Human Services Coalition, and work for the United Way, JCCI promotes the planning and coordination of human services. Other JCCI goals grow largely from its focus on positive change. High on the list are the education and dialogue the studies themselves provide to participants. The work of JCCr strengthens citizen competence and awareness, provides for ongoing dialogue among diverse elements of the community, and serves as a catalyst for bringing together decision-makers. JCcr is founded on a deep faith in the ability of citizens to set aside their differences and join together to learn and reason about problems of mutual concern. Its growth and success offer renewed hope for this basic democratic concept as a means of addressing the complex issues of modern urban communities. Jccr. receives funding from the porations, and individual members.

United

Way

Hicks, President Rinaman, President-Elect

Patricia

t~~

Cowdery,

the

City

of

Jacksonville,

cor-

MANAGERS Secretary

Ray Bullard James Burke James Citrano Kenneth Eilermann Ted Johnson Hy Kliman

Jacquelyn Bates I..uann Bennett Jacob F. Bryan, TV J. Shepard Bryan, Jr. Ezekiel Bryant

II".

Jacksonville,

OF

J C C I BOARD David James

of

George

Fisher,

Treasurer

Anne McIntosh Rudolph McKissick Espie Patrioely Pamela Y. Paul Andrew Robinson Julie Woodruff

Jacksonville Community Council Inc. 1045 Riverside Ave., Suite 180 Jacksonville, Florida 32204 Telephone (904) 356-4136

I'

I I

I I

A

JCCI

Study:

Jacksonville's

Jail

United Way

(


1984 Jacksonville's Jail