Item C20
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
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Meeting Date: 03/15/00
Bulk Item: Yes [gJ No D
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Division: Management Services
Department: OMB/Grants
AGENDA ITEM WORDING: RESOLUTION AUTHORIZING THE ESTABLISHMENT OF
A MONROE COUNTY PUBLIC SAFETY COORDINATING COUNCil
ITEM BACKGROUND: Under Florida Statute 951.26, each Board of County
Commissioners shall establish a county Public Safety Coordinating Council to assess the
population status of county-owned detention facilities. Besides addressing the jail
population issue, the Council is to a~sess the availability of pretrial intervention or
probation programs, along with other measures undertaken to address that population.
In order to receive Department of Corrections Community Funds, a county must have a
Public Safety Coordinating Council. At the February 11th Substance Abuse Policy
Advisory Board meeting, the advisory board voted to fulfill the ro'e of the Public Safety
Coordinating Council for Monroe County.
PREVIOUS RELEVANT BOCC ACTION:None.
STAFF RECOMMENDATION: Approval
TOTAL COST: $ N/A
COST TO COUNTY: $ N/A
REVENUE PRODUCING: Yes D No [gJ
BUDGETED: Yes X No D
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY X OMB/PURCHASING RISK MANAGEMENT
DIVISION DIRECTOR APPROVAL: J- ~
James L. Roberts
DOCUMENTATION: INCLUDED: X TO FOllOW: NOT REQUIRED:D
DISPOSITION:
AGENDA ITEM #:
1-0.0
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OMB/Grants
RESOLUTION NO.
- 2000
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A RESOLUTION OF THE MONROE COUNTY BOARD
OF COMMISSIONERS ESTABLISHING A MONROE
COUNTY PUBLIC SAFETY COORDINATING COUNCIL
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WHEREAS, Florida Statute 951.26 provides for the establishment of a Public Safety
Coordinating Council by each Board of County Commissioners; and
WHEREAS, the Council is to consist of loca1law enforcement, judicial, substance abuse,
mental health, and school professionals for the purpose of assessing the population status of all
detention or correctional facilities owne.d or contracted by the County as well as formulating
recommendations to ensure that the capacities of such facilities are not exceeded; and
WHEREAS, in order to be eligible to receive Department of Corrections Community
Corrections Funds a county must have a Public Safety Coordinating Council established and
designate a county agency officer or agency to be responsible for administering community
correction funds received from the sate; and
WHEREAS, the Office of Substance Abuse and the Substance Abuse Policy Advisory
- Board fulfill a similar purpose under the State's Anti-Drug Abuse Program; and
WHEREAS, the Substance Abuse Policy Advisory Board unanimously supported the
establishment of a Public Safety Coordinating Council and agreed to accept that role; now
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section I.
Board Membership
The Board shall consist of the following members from Monroe County: State Attorney, Public
Defender, Chief Circuit Judge, Chief County Judge, Chief Correctional Officer, Sheriff, State
Probation Circuit Administrator, Chairperson of the Monroe County Board of Commissioners,
Director of Pretrial Services, Director of a Substance Abuse Treatment Program, and
representatives from County and State job programs and other community groups who work with
offenders and victims, appointed by the Chairperson of the Board of County Commissioners. All
appointments can be represented by their designee.
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Those members who serve by reason of their job position shall continue to serve until they are no
longer in that position or termination of the Council by the Board of County Commissioners.
The County Commission member of the Council shall be designated by the Board of County
Commissioners in November of each year.
The State Probation Circuit Administrator, the Director of Pretrial Services, Director ot;'8.
Substance Abuse Treatment Program, and the representatives from County and State job
programs and other community groups are appointed for 4-year terms.
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Meetings shall be conducted in accordance with Robert's Rules of Order and the Council shall
adopt their own Administrative Procedures and By-Laws in accordance with the Momoe County
Board of Commissioners ADMINISTRATIVE PROCEDURES.
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Section 2.
Primary Function
The Public Safety Coordinating Council is charged with the following:
1. Assessing the population status of all detention or correctional facilities owned or
contracted by the County;
2. Formulating recommendatiQPs to ensure that the capacities of such facilities are not
exceeded;
3. Assessing the availability of pretrial intervention or probation programs, work-release
programs, substance abuse programs, gain-time schedules, applicable bail bond
schedules, and the confinement status of the inmates housed within each facility
owned or contracted by the County;
4. Developing a comprehensive public safety plan; and
5. Acting as the liaison for the distribution of Department of Corrections Community
Corrections Funds to local programs that are responsive to the Comprehensive Public
Safety Plan.
Section 3,
Coordination and Liaison
The Momoe County Public Safety Coordinating Council will work with and through the Office
of the Momoe County Grants Manager who shall serve as liaison for the County and work with
the council to accomplish the work identified above.
PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County, Florida,
at a regular meeting of said Board held on the 15th day of March, A.D. 2000.
Mayor Shirley Freeman
Commissioner Harvey
Mayor ProTem Neugent
Commissioner Williams
Commissioner Reich
(Seal)
Momoe County Board of Commissioners
Attest:
By:
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Section 951.26
Page I of2 c.
951.26 Public safety coordinating councils.--
(1) Each board of county commissioners shall establish a county public safety coordinating
council for the county or shall join with a consortium of one or more other counties to establish
a public safety coordinating council for the geographic area represented by the membof
counties.
(a) I. The public safety coordinating council for a county sha~l consist of:
a. The state attorney, or an assistant state attorney designated by the state attorney.
b. The public defender, or an assistant public defender designated by the public defender.
c. The chief circuit judge, or another circuit judge designated by the chief circuit judge.
d. The chief county judge, or another county judge designated by the chief county judge.
e. The chief correctional officer.
f. The sheriff, or a member designatbd by the sheriff, if the sheriff is not the chief
correctional officer.
g. The state probation circuit administrator, or a member designated by the state probation
circuit administrator, to be appointed to a 4-year term.
h. The chairperson of the board of county commissioners, or another county commissioner
as designee.
i. If the county has such program available, the director of any county probation or pretrial
- intervention program, to be appointed to a 4-year term.
j. The director of a local substance abuse treatment program, or a member designated by the
director, to be appointed to a 4-year term.
k. Representatives from county and state jobs programs and other community groups who
work with offenders and victims, appointed by the chairperson of the board of county
commissioners to 4-year terms.
2. The chairperson of the board of county commissioners, or another county commissioner
as designee, shall serve as the chairperson of the council until the council elects a chairperson
from the membership of the council.
(b) 1. The public safety coordinating council for a consortium of two or more counties shall
consist of the following members, appointed with the approval of each board of county
commissioners within the consortium:
a. A chief circuit judge, or a circuit judge designated by a chief circuit judge.
b. A chief county judge, or a county judge designated by a chief county judge.
c. A state attorney, or an assistant state attorney designated by a state attorney.
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d. A public defender, or an assistant public defender designated by a public defender.
e. A state probation circuit administrator, or a member designated by a state probation
circuit administrator, to be appointed to a 4-year term. ..
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f. A physician who practices in the area of alcohol and substance abuse, to be appointed to a
4-year term.
g. A mental health professional who practices in the area of alcohol and substance abuse, to
be appointed to a 4-year term.
h. A sheriff or a jail administrator for a county within the consortium.
i. A chief of police for a municipality within the geographic area of the consortium.
j. A county commissioner from each member county of the consortium.
k. An elected member of the governing body of the most populous municipality within the
geographic area of the consortium.
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1. An elected member of a school board within the geographic area of the consortium.
2. The members of the public safety coordinating council shall elect a chairperson from
among its members.
(2) The council shall meet at the call of the chairperson for the purpose of assessing the
population status of all detention or correctional facilities owned or contracted by the county,
or the county consortium, and formulating recommendations to ensure that the capacities of
such facilities are not exceeded. Such recommendations shall include an assessment of the
availability of pretrial intervention or probation programs, work-release programs, substance
abuse programs, gain-time schedules, applicable bail bond schedules, and the confinement
status of the inmates housed within each facility owned or contracted by the county, or the
county consortium.
(3)(a) The council may also develop a local public safety plan for future construction needs.
The plan must cover at least a 5-year period. The plan may be submitted for consideration to
the local planning agency for the county, or the planning agency for each county within the
consortium, at least 120 days before the adoption of or amendment to the comprehensive plan
for the county by the local planning agency pursuant to part II of chapter 163.
(b) Each county, or county consortium, that contracts to receive community corrections
funds for its community corrections programs under s. 948.51 shall require the public safety
coordinating council to develop a comprehensive public safety plan as described therein which
includes the future public safety construction needs as described in paragraph (a).
(4) All meetings of a public safety coordinating council, as well as its records, books,
documents, and papers, are open and available to the public in accordance with ss. 119.07 and
286.011.
History.--s. 2, ch. 87-340; s. 90, ch. 88-122; s. 16, ch. 91-225; s. 35, ch. 92-310; s. 7, ch. 93-204; s. 44, ch. 95-
283; s. 32, ch. 96-312; s. 1881, ch. 97-102.
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http://www.1eg.state.fl.us/citizen/documents/statutes/1998/ch0951/SEC26_.HTM
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The 1999 Florida Statutes
View Statutes
Order Statutes
Online Sunshine
Print View
Title XLVII Chapter 948
CRIMINAL PROCEDURE AND Probation and Community View Entire
CORRECTIONS Control Chapter
948.51 Community corrections assistance to counties or county
consortiums.-- .
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(1) LEGISLATIVE INTENT.-- The purpose of this section is to:
(a) Divert nonviolent offenders from the state prison system by punishing such
offenders with community-based sanctions, thereby reserving the state prison
system for those offenders who are deemed to be most dangerous to the
community.
(b) Forge a partnership between the state and the correctional and public safety
programs and facilities within a county or consortium of counties so that state
funds may be effectively contractually d!~bursed to counties or county
consortiums to build and operate correctiQns and pUblic safety programs.
(c) Promote accountability of offenders to their community by requiring financial
restitution to victims of crime and by requiring public service to be performed for
locai governments and community agencies.
(d) Make victim restitution a greater priority and proVide closer monitoring of
offenders to ensure payment to victims.
(e) Maintain safe and cost-effiCient community correctional programs that also
reZiuire supervision and counseling, and substance abuse testing, assessment,
and treatment of appropriate offenders.
(f) Provide sanctions, services, treatment, and alternative punishments that are
available to the judge at sentencing and for pretrial intervention.
(g) Reduce, for contracting counties and county consortiums, both the
percentage of nonviolent felony offenders committed to the state prison system
and the percentage of nonviolent misdemeanants committed to the county
detention system by punishing such offenders within the community or by
requiring them to reside within community-based facilities.
(h) Require nonviolent offenders to meet their community obligations by
maintaining employment, thereby providing resources for their families, service
to the community, and payment for their cost of supervision and treatment.
(I) Extend the average length of supervision and commitment to a correctlonai
program for those sentenced to community corrections programs beyond the
actual time that they would have received at the state level.
(2) EUGIBIUTY OF COUNTIES AND COUNlY CONSORTIUMS.--A county, or a
consortium of two or more counties, may contract with the Department of
Corrections for community COrrections funds as provided In this section. In order
to enter into a community COrrections partnership contract, a county or county
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consortium must have a public safety coordinating council established under s.
951.26 and must designate a county officer or agency to be responsible for
administering community corrections funds received from the state. The pUblic
safety coordinating council shall prepare, develop, and Implement a
comprehensive public safety plan for the county, or the geographic area
represented by the county consortium, and shall submit an annual report to the
Department of Corrections concerning the status of the program. tIn preparing
the comprehensive public safety plan, the public safety coordinating coundl shall
cooperate with the district juvenile justice board and the county,Juvenile justice
council, established under s. 985.413, in order to indude programs and services
for j\Jveniles In the plan. To be eligible for community corrections funds under the
contract, the Initial public safety plan must be approved by the governing board
of the county, or the governing board of each county within the consortium, and
the Secretary of Corrections based on the requirements of this section. If one or
more other counties develop a unified public safety plan, the public safety
coordinating council shall submit a single application to the department for
funding. Continued contract funding shall be pursuant to subsection (5). The plan
for a county or county consortium must cover at least a 5-year period and must
include:
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(a) A description of programs offered for the job placement and treatment of
offenders In the community. ....~
(b) A specification of community-based Intermediate sentencing options to be
offered and the types and number of offenders to be included in each program.
(c) Specific goals and objectives for reducing the projected percentage of
commitments to the state prison system of persons with IQw total sentencing
scores pursuant to the Criminal Punishment Code.
(q) Specific evidence of the population status of all programs which are part of
thE! plan, which evidence establishes that such programs do not include offenders
who otherwise would have been on a less intensive form of community
supervision.
(e) The assessment of population status by the public safety coordinating council
of all correctional facilities owned or contracted for by the county or by each
county within the consortium. '
(f) The assessment of bed space that Is available for substance abuse
Intervention and treatment programs and the assessment of offenders in need of
treatment who are committed to each correctional facility owned or contracted
for by the county or by each county within the consortium.
(g) A description of program costs and sources of funds for each community
corrections program, including community corrections funds, loans, state
assistance, and other financial assistance.
(3) DEPARTMENTAL RESPONSIBIUTIES.--The Department of Corrections shall:
(a) Administer this section within the goals and mandates of this legislation.
(b) Report by January 1 of each year to the Governor, the President of the
Senate, and the, Speaker of the House of Representatives on the effectiveness of
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partldpatlng counties and county consortiums in diverting nonviolent offenders
from the state prison system.
(c) Establish, In cooperation with the governing bodies of counties and
municipalities and with school boards, a program to provide technical assistance,
education, and training to local governments, nonprofit entities and agendes,
and public safety coordinating councils regarding community COrrections and the
proVisions of this section.
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(d), Develop minimum standards, policies, and administrative rules for the
statewide Implementlon of this section.
(e) Develop and Implement a community COrrections partnership contract
process and procedure.
(f) Review community public safety plans and proVide contract funding.
(g) Conduct a review, as often as necessary but not less than annually, of all
program measures, to ensure program accountability.
(4) PURPOSES OF COMMUNITY CORRECl'JONS FUNDS.--
(a) The Secretary of Corrections may contract for the Issuance of community
corrections assistance funds, as appropriated by the legislature, to an eligible
contracting county or county consortium for the purposes of:
1. Providing community-based corrections programs within county-owned or
county-contracted residential probation programs.
2,:. Providing nonincarceratlve diversionary programs, Including pretrial release
programs, for juvenile offenders or adult offenders who would otherwise be
housed In a county detention fadlity, a state juvenile detention facility, or a state
correctional Institution.
3. Providing community-based drug treatment programs, both outpatient and
residential, by licensed providers.
4. Funding costs for the enhancement of programs within county detention
facilities.
5. Funding costs for the enhancement of public safety and crime prevention
programs.
(b) Programs, services, and facilities that may be funded under this section
Include, but are not limited to:
1. Programs providing pretrial services.
2. Specialized divisions within the circuit or county court established for the
purpose of hearing specific types of cases, such as drug cases or domestic
violence cases.
3. Work camps.
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4. Programs providing intensive probation supervision.
5. Military-sty'e boot camps.
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6. Work-release faciiities. I .
7. Centers to which offenders report during the day.
8. Restitution centers.
9. Inpatient or outpatient programs for substance abuse treatment and
counseling.
10. Vocationai and educatlonai programs.
(c) The application and contract submitted to the department by the public
safety coordinating council may include provisions ,for funding the anticipated
costs of providing health care to offenders placed in a program or facility funded
under this section. '.
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(d) Upon the award of community corrections assistance funds, the department
shall disburse one-third of the funds for provision of the services described above
and shall thereafter disbUrse the remaining funds on a quarterly basis.
(e) Except as proVided in this paragraph, contracting counties or county
consortiums may not use any community corrections assistance funds for any of
the following purposes:
1... _Fixed capital outlay in construction, addition, renovation, or operation of any
adult or juvenile secure detention facility;
2. Construction, addition, renovation, or operation of any state facility; or
3. Salary of any state probation and parole officer.
However, community corrections assistance funds may be used to acquire,
renovate, and operate county-owned residential probation faciiitles or programs.
(5) CONTINUED CONTRACT FUNDING.--In order to remain eligible for continued
contract funding, a contracting county or county consortium must substantially
comply with the goals, standards, and objectives set forth In Its comprehensive
public safety plan and with the standards established in this section. Each
contracting county or county consortium shall partidpate with the Department of
Corrections in an evaluation of its program effectiveness in a format to be
determined by the department, with particular emphasis plaCed upon attainment
of the goals specified In paragraphs (2)(c) and (d). The department Is responsible
for the costs of performing the evaluation. If the department determines that a
county or county consortium, In the course of its regular business and
recordkeeping practices, is unable, without additional funds, to comply with the
department's request for Information necessary to perform an evaluation, the
department shall reimburse reasonable additional recordkeeping expenses
incurred by the county or county consortium during the evaluation process.
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(6) NONCOMPUANCE WITH PLAN.--If the Secretary of Corrections determines
that there are reasonable grounds to believe that a contracting county or county
consortium is not substantially complying with its plan or with the standards
established In this section, the secretary shall give 30 days' written notice to the
governing board of the county, or the governing board of each county within the
consortium, and the chair of the public safety coordinating council. If the
secretary then finds noncompliance by such contracting county or county
consortium, the secretary shall require the governing board of tile county, or the
governing board of each county within the consortium, to proVide a written
agreement as to how and when the specific deflclendes Identified by the
secretary will be corrected. If no such agreement Is submitted to the secretary
within the time limit specified, or if such deficiencies are not corrected within 4S
days after such an agreement has been approved by the secretary, the secretary
may suspend any part or all of the funding until compliance is achieved.
(7) ALLOCATION OF FUNDS.-- The department shall allocate the funding for
these contracts to counties and county consortiums to the extent authorized In
the General Appropriations Act.
(8) For the purposes of this section, the. term .public safety" does not Include
the Investigative, patrol, or adminlstratlw activities of a 'aw enforcement
agency .
Hlstory.--s. 4, ch. 91-225; s. 33, ch. 92-310; s. 6, ch. 94-265; s. 43, ch. 95-283; s. 35, ch. 97-194; s.
20,ch.98-204; s.60,ch. 98-280.
lNote.--As amended by s. 20, ch. 98-204. This sentence was also amended by s. 60, ch. 98-280; as
amended by that law, the sentence reads: "In preparing the comprehensive pUblic safety plan, the public
safety coordinating council shall cooperate with the district juvenile justice board, established under s.
985.413, and the county juvenile justice council, established under s. 985.414, in order to Indude
p~rams and services for juveniles in the pian..
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