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HomeMy WebLinkAboutResolution - 5950 - Elected Officials Are Committed To 'Achieving The Goal' - 07_30_1998Resolution No.5950 Item No. 3 July 30, 1998 STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION WHEREAS, Lubbock and the South Plains have long been known for their ability to work together to solve problems and achieve goals; WHEREAS, significant challenges face this community in dealing with adult and juvenile crime; WHEREAS, the structure of the criminal justice system, as provided by the Texas Constitution, at times creates impediments to enhancing a cooperative management effort among elected and appointed officials in combating crime; WHEREAS, the County of Lubbock, acting by and through its duly elected Commissioners Court; the City of Lubbock, acting by and through its duly elected City Council; the Lubbock County Criminal District Attorney; the Lubbock County Sheriff, Texas State Senator, District 28; Texas Representative, District 83; and Texas Representative, District 84; with the advice and recommendation of local judges, attorneys, community leaders and other elected officials have established an attainable goal of Lubbock having the lowest published crime rate among cities of 100,000 or more in the State of Texas; and WHEREAS, these local governmental entities and officials have collaborated over several months of negotiations and discussions to develop specific methods for attaining the established goal, including strategies to: (1) develop a specific system to enhance communication among law enforcement officials and the criminal justice system, and (2) more efficiently manage the jail population and the criminal justice system. WHEREAS, these local governmental entities and officials have collaborated in the development of the document now know as Achieving the Goal; NOW THEREFORE, BE IT RESOLVED BY THE LUBBOCK COUNTY COMMISSIONERS COURT, THE LUBBOCK CITY COUNCIL, THE LUBBOCK COUNTY CRIMINAL DISTRICT ATTORNEY, THE LUBBOCK COUNTY SHERIFF, TEXAS STATE SENATOR, DISTRICT 28, TEXAS REPRESENTATIVE, DISTRICT 83, AND TEXAS REPRESENTATIVE, DISTRICT 84 that: (1) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to Achieving the Goal; (2) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to implementing the strategies developed in Achieving the Goal; (3) All locally elected officials who have duties and responsibilities in the criminal justice system are committed to joint investment in the enhanced criminal justice policy and procedure as developed in Achieving the Goal. PASSED AND APPROVED this Z % day of Sy �1998. Don McBeath, Lubbock County Judge ATTEST: Windy Sitton, ayor of Cub k, T xas I Bartley, G'v William C. (Bill) Sowder, Criminal District Att ey (12L-4- G., G.I. _ Robert L. Duncan, Texas State Senate, District 28 �C/ J Delwin Jones, as House of Representatives, District 83 Carl Ise exas ouse o Represe es, istrict 84 Resolution No. 5950 Item No. 3 July 30, 1998 ACHIEVING THE GOAL July 17,1998 Goal: Lowest crime rate per capita for Texas cities of 100,000 or more in population. In order for the criminal justice system to serve as a deterrent to crime, it must be swift and certain. The limited government resources available must be applied efficiently and fairly. In addition, the system must provide meaningful punishment and redirection for offenders. It is generally recognized in the law enforcement community that 80% of crime is committed by 20% of offenders. These habitual offenders must be identified and directed into the state penal system. The initiatives outlined below will enhance prosecution, identify habitual offenders, examine juvenile crime and secure a fully staffed police force to target high crime areas during periods of peak criminal activity. This plan also provides a long term structure to monitor changes and respond appropriately. Certainly, broad -based community support of preventative programs is imperative to a comprehensive reduction in crime. An analysis of 1997 Department of Public Safety relevant crime statistics revealed that of 25 Texas cities with a population of 100,000 or more, Lubbock had the tenth lowest crime rate. It is the intention of this initiative to move Lubbock to the lowest crime rate per capita of Texas cities of 100,000 or more, by the release of DPS crime statistics in the year 2000. A working group began meeting in early January of 1998 to address the issues and solutions contained in this document. Many facets of "Achieving the Goal " have already been implemented. Initiatives to attain the goal: I. Maximize cooperation among local criminal justice authorities. Under the Texas Constitution, governance of the Criminal Justice system is diffuse. The various components of the system do not fall under the typical management model. Instead, the police, jail, prosecution, judicial and correctional functions are provided by separate independent political entities. Those entities, City, County, Sheriff, District Attorney, Judiciary and State, consist of elected officials with varying and diverse political interests. No single entity is "in charge. " Hence, efficient management of the criminal justice system is inherently difficult. Although Lubbock has traditionally enjoyed a cooperative spirit among the various components, from time to time difficult issues arise. Unfortunately, there is no efficient system to resolve those disputes. Good faith and good will are the most effective arbiters and most problems are negotiated with the public interest as the common ground To be successful in Achieving the Goal, these components must come together, set aside historical conflicts, and collaborate to design a strategy to which each entity will unequivocally commit. That 1 commitment must be based on Good Faith and a dedication to serve the public interest rather than separate political interests. A. The Mayor, County Judge, State Senator, and the two State Representatives from Lubbock County will meet at least quarterly to monitor progress in lowering the crime rate. B. Develop strategy to affect relevant crime rate statistics. The District Attorney and Chief of Police have agreed to meet at least quarterly with the Mayor, County Judge, State Senator and two State Representatives from Lubbock to report progress on lowering relevant crime rate statistics. C. City/County Law Enforcement Coordination The City of Lubbock Police Department and the Lubbock County Sheriffs ice have made substantial progress in streamlining the booking and transfer process to efficiently utilize current facilities and personnel. The accomplishments listed below will result in immediate savings in the time it takes to book City prisoners and get LPD officers back on the streets. About 80% of the inmates booked into the County Jail come from LPD arrests. The County can use jail personnel more efficiently and plan the transfer of inmates from the City holding facility to the Countyjail at times that will not overburden either the LPD or County Jail personnel. Perhaps what is most important, the City and County have demonstrated their ability to work together to meet the criminal justice needs of our citizens. The City Holding Facility and County Jail Administrators have begun and will continue to meet regularly to identify common needs and problems and work out solutions. They have also agreed to involve other personnel who work in and use both facilities. 2. A joint medical questionnaire has been developed and implemented to eliminate duplication and save time in the booking process at the County Jail. 3. The prisoners' property inventory procedure is being streamlined to avoid processing property at both facilities. This new process will secure the property at the City booking facility in such a manner that it can be transferred with the prisoner without further inventory at the County Jail. 4. City database terminals and a printer have been placed in the County Jail to make information available about prisoners in the City holding facility prior to their transfer or release. County personnel will be trained to use the City system to acquire information. 2 5. Hardware and software have been installed at the Criminal District Attorney's (CDA) Office allowing them to connect seven of their PCs and a printer to the LPD computer system. Eight of the CDA employees will have access to information on the LPD computer. Additionally, the LPD will have the ability to look up information from the CDA and print reports in the CDA's office, thus moving information more efficiently. 6. The City architect completed preliminary plans and cost estimates for two alternatives to expand the County Jail bookingtholding areas. These plans will make more efficient use of the present facilities and reduce current bottlenecks. 7. Information system experts from the City and County have met to identify ways to utilize present and future technology to reduce duplication of data entry and information retrieval. Some of these options will depend on the installation of the Criminal Justice PC Network. II. Manage Jail population. The cornerstone for Achieving the Goal is an efficient and confident criminal justice system. At the heart of eff iciency and confidence is the capacity to remove violent and habitual offenders from the community. Therefore, a strategy to manage jail population is a crucial first step. As of January 1, 1998, the Lubbock County jail population was 831, which is 105 % of capacity (789*). The profile of the inmate population as of January 1, 1998 revealed that the jail was holding an excessive number of inmates awaiting trial or disposition of applications to revoke probation or parole. A careful review of these cases revealed that the jail population can be significantly reduced. A system to monitor the jail population on a daily basis can be implemented to ensure efficient and quick disposition of cases to provide for the long term management of the jail population. Implementation of a new "Direct Intake" system can also speed up the processing of new offenses enabling the courts to more quickly make the pretrial dispositions necessary to manage the jail population. A. Reduce the pre-trial felon population to below average for comparable counties. The Texas Commission on Jail Standards noted that during 1997 the number of pre-trial felons at the Lubbock County jail had been as high as 47.02% . The Commission concluded that this was high when compared with other counties and recommended that measures be implemented to reduce that population. The state average for pre-trial felon population is approximately 27%. A cooperative initiative by the District Attorney, District Courts and County Courts -at -Law has reduced the pre-trial felon population by 86(A) inmates thus achieving a level more consistent with the statewide average. *Texas Commission on Jail Standards B. Prioritize trial dockets with the objective of reducing jail population. A collaborative effort between the Judges of the District and County Courts -at -Law, the Sheriff and the District Attorney identified 190 inmates who are being held on Applications to Revoke Probation (ARP). Special dockets on January 26, 1998 and February 13, 1998 disposed of most of those pending applications. This initiative reduced the jail population by 100 inmates within 45 days of their being made ')gaper -ready "for transfer to Texas Department of Corrections. C. Implement appropriate information systems to monitor jail population and trial dockets. Implementation of a Direct Intake System, which is described later, and new County software to provide a single tracking system to be used by all components of the criminal justice system has been developed. The Sheriff, Police, Department of Public Safety, District Attorney, and courts will collaborate to use this tracking system to monitor the jail population and to prioritize trial dockets. Additional employees will be assigned to provide quality control of information entered into the computer system. Reliable information is necessary to ensure confidence in the tracking system. The District Courts have assigned two part-time employees to monitor and track ARP, pre-trial felons and blue warrantpopulations to assist in establishingprioritiesforpre-trial release and trial dockets. D. Implement measures to reduce blue warrant population in accordance with H.B. 1112. The January 1998 Jail Population Reportfor the Lubbock County Jail indicates that 76 individuals were being held on blue warrants executed prior to January 1, 1998. Following discussion with appropriate authorities, the Texas Department of Criminal Justice and the Parole Board moved more than 70 of these outstanding blue warrants by the end of February 1998. E. Implement a Direct Intake System One bottleneck in processing and tracking criminal cases occurs in the charging phase of a case. Often, there are significant delays between arrest and formal charges being filed. These delays impede tracking and monitoring of the jail population. Because a case is not assigned a cause number until formal charges are filed, there is substantial opportunity for confusion in communications between law enforcement officials, crime labs, and the DistrictAttorney's office. A Direct Intake System will significantly reduce delays that occur between arrest and formal charging of an offense. Under this new system, the District Attorney's office will generally be able to file charges within three working days and all components of the criminal justice system will have a uniform reference number which will improve evidence security, tracking and monitoring, and M interagency communications. Adding the Direct Intake system will give attorneys in the District Attorneyss office more time to concentrate on trial preparation and plea offers. F. Send convicted felons to the State system while additional cases against them are awaiting trial. The DistrictAttorney's office has identified countyjail inmates who have already been convicted but have not yet been sent to state prison because of their pending cases. A plan was developed and implemented with the CountyJail to send convicted felons to state prisons with the expectation that other pending cases against the defendant can be dismissed or the defendant can be brought back to the county when those cases are ready to be tried. M. Enhance prosecution efficiency. Although the District Attorney is charged with the duty of zealously pursuing the conviction and disposition of offenses committed against the people, that duty cannot be discharged efficiently without the collaborative efforts of all other components of the criminal justice system. To this end, the District Attorney must be provided adequate resources and those resources must be employed in an efficient manner. Appropriate strategies and priorities must be established and pursued. The prosecutor must carefully select appropriate cases for prosecution and dispose of those cases in a fair and speedy manner. Appropriate cooperation with Defense Attorneys should be established and Alternative Dispute Resolution of cases should be encouraged where appropriate. The courts must adhere to strict standards for continuances and apply appropriate pressure on prosecutors and defense attorneys to dispose of cases as they appear on the docket. In turn, the Courts must work to dispose of the case backlog. A. Implement prosecution teams for each District Court and the County Courts -at - Law to maximize readiness. Under current budget constraints, expansion in the District Attorney's Office to add more attorneys to create prosecution teams is not feasible. However, the District Attorney has appointed a prosecutor to manage the trial docket in all courts to insure that a sufficient number of cases are ready for trial. The efficiency of this system will be enhanced by the Court's strict adherence to standards for continuance of criminal cases. B. Require pre -docket conferences between District Attorney and defense attorneys to resolve cases or assure ready announcements by state and defense. After July 1, 1998, the District Attorney will designate each Friday as the day in which Criminal Defense Attorneys may meet with Prosecuting Attorneys who will have authority to make binding 5 offers on cases pending on criminal dockets. Additionally, the District Attorney's office will implement "maximum discovery"policy that should result in earlier disposition ofcriminal cases. C. Require strict adherence to standards for continuance of criminal cases. The Judges of the District and County Courts at Law have announced a policy to require strict adherence to standards for granting continuances in criminal cases. D. Reduce back log of felonies and misdemeanors: Over the past years, the District Attorney has inherited a backlog of more than 7800 misdemeanor and 4 700felony cases. By July 1, 1998, the District Attorney, through his assistants, will complete a comprehensive review of old cases, particularly non -restitution, non -victim misdemeanor cases, and will take action to significantly reduce the backlogso that remaining serious cases may be more efficiently handled. 1. Beginning August 1, 1998 selected misdemeanor cases filed before December 31, 1995 can be referred to the South Plains Dispute Resolution Center - South Plains Association of Governments (SPAG) for mediation. Many of the cases in the current backlog in the County Courts at Law could be more appropriately resolved through mediation rather than at the time and expense of court proceedings. The Lubbock County Criminal District Attorney and the Lubbock County Court at Law Judges have agreed to refer selected misdemeanor cases, filed prior to December 31, 1995, to Alternative Dispute Resolution at the South Plains Dispute Resolution Center-SPAG. This referral program will begin August 1, 1998 as a means for victims and offenders to resolve issues that are pending with the Court. Use of dispute resolution is an alternative to a trial and not a substitute for trial if an agreement is not reached between the two parties. 2. Implement periodic "Case Resolution Week" program for cases pending more than six months. The District Attorney will implement a case resolution week to coincide with the "civil justice settlement week" during the judicial conference of District Judges. The remaining settlement week for 1998 is September 14-18. 3. Expedite resolution of felony and misdemeanor cases simultaneously. The DistrictAttorneyfelony lawyers are carefully analyzing their sentencing agreement negotiations to include any misdemeanor cases that the defendant may have pending. When such an agreement results in a guilty plea to a felony case and a dismissal of misdemeanor cases, the CDA lawyers C. prepare and deliver the dismissal to the sentencing hearing to further expedite the resolution of several cases at once. 4. Conduct a one time "Case Resolution Week" by assembling volunteer deputy prosecutors to evaluate and make offers to dispose of cases pending more than one year. By September 1, 1998, the District Attorney will examine the feasibility of implementing a special program to deputize volunteer special prosecutors (former District Attorneys and prosecutors) to assist, in appropriate cases, to further reduce the backlog. IV. Improve the juvenile justice system. According to 1997 DPS crime statistics, juvenile offenders 18 and younger accounted for 31 % of arrests in Lubbock County. Although juvenile detention capacity is insufficient to meet current needs, Lubbock County voters recently rejected an initiative to expand the Lubbock County Youth Center. There are numerous programs sponsored by different agencies and organizations designed to address various youth issues; however, there is little, if any, coordination of those efforts. Lubbock has recently been selected to receive a grant through the Community Youth Development grant program which should provide the community with additional assets and a structure for coordinating various youth programs within the targeted area. Traditionally, all six district courts in Lubbock have exercised jurisdiction over juvenile justice matters and there is no single judicial officer responsible for overseeing the administration of juvenile justice and adherence to progressive sanction guidelines. The assignment of one district court with primary jurisdiction over juvenile justice matters should send a clear message that juvenile offenses are serious and that referrals to the juvenile justice system will be handled quickly and efficiently. A. Create a full-time juvenile court. Under current statistics, a full-time juvenile court is probably not warranted for Lubbock County. However, District Judges have agreed to designate one (1) District Court as the court with primary juvenile jurisdiction. This Court will continue to have general jurisdiction, but will place priority on the disposition of juvenile matters. A full-time juvenile and criminal court master will be appointed to assist in efficiently and quickly processing juvenile cases. B. Increase juvenile detention capacity. With the regional juvenile detention facility consistently at capacity, offending juveniles face diminished consequences due to a lack of detention space. Juvenile detention space exists only for the most serious felony offenders with no resources forjuveniles who could be "redirected " through a residential detention program. These juvenile offenders continue to commit crimes without appropriate consequences. The Commissioners Court is encouraged to utilize the existing $1.5 million dollar state grant toward the construction of a minimum of 40 additional juvenile detention 7 beds. This addition would still put Lubbock County at only 50% of its projected need, but would address more juvenile offenders. It is acknowledged that there are no current funds for the ongoing operational costs and those funds would have to be developed. C. Create a juvenile justice task force to coordinate existing juvenile justice programs and implement crime prevention initiatives that will reduce relevant crime statistics necessary to achieve the goal. The City Council and County Commissioners Court will consider the establishment of a `juvenile task force. " V. Increase the law enforcement presence in the city during peak criminal activity periods. Law enforcement plays a pivotal role in reducing crime. To be effective, they must be able to attract, train and retain officers. It is critical that law enforcement agencies coordinate their resources to focus on the goal of preventing crimes in relevant statistical categories. Efforts to develop and expand programs targeting specific crimes work toward that goal. A. Increase the number of police officers in high crime areas during peak periods. The Lubbock Police Department has implemented a `flex shift "which will add shifts ofadditional officers during targeted peak crime areas and times. B. Develop neighborhood patrol watches in high crime areas during peak criminal activity periods. The Lubbock Police Department is currently implementing a property crimes initiative. The Lubbock Police Department has also implemented measures to strengthen its crime prevention detail to insure maximum cooperation between the Lubbock Police Department and Local Neighborhood Associations and other crime prevention organizations. C. Enhance Lubbock Police Department Detective Division. Four Public Service Officers, (civilian positions), have been hired to assume non police duties allowing detectives more time for law enforcement duties and crime initiatives. D. Reinforce the structure within the Property Crimes Division. Detectives, within the property crimes division of the LPD, have been assigned permanent areas of responsibility which correspond with uniform patrol beats. This structure will enhance accountability and encourage the exchange of information between the detectives, patrol officers and residents of the neighborhood. E. Expand recruiting and training efforts in order to supply the officers necessary to fully staff the initiatives above. One officer has been assigned to work with the Citys Personnel Department to concentrate on police recruiting efforts. The City of Lubbock Public Information Office has developed public service announcements to attract potential candidates for the Police Academy which has been expanded to twice per year. * The Lubbock County Jail is certified for 749 inmates and has a current waiver for a variance of 44 additional inmates which includes the holding area. i/duucau/erlmjusticrlmesoB G