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HomeMy WebLinkAbout06/21/2016 12 Community Diversion Program Agreement with Yakima Valley Community FoundationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 12. For Meeting of: June 21, 2016 ITEM TITLE: Resolution authorizing an Agreement with the Yakima Valley Community Foundation to accept funds to pay for the implementation of a Community Diversion Program SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: Community Diversion Program: The City began exploring the implementation of a Community Court Program at the end of 2014 and entered into a Memorandum of Understanding with the Center for Court Innovations, an organization based in New York that receives federal grant money to help jurisdictions across the United States establish alternative court models. They provide their services at no cost to us and they have been instrumental in performing our community needs assessment and the development of our program model. The effort included site visits to Spokane Community Court and the Seattle Community Court, a community survey that was conducted in districts one and two of the City of Yakima, stakeholder interviews and community focus groups. The findings of these efforts have been summarized in a draft Community Court needs survey. See attached. The City has developed a model that is officially called the Community Diversion Program. The program is a Prosecution Division initiative that has the support of Yakima Police Department, defense counsel and a number of community organizations. Alternative budgets were created at the end of last year and the program was initially funded this year. Unfortunately, the program was cut because of the 2016 budget shortfall. Future of the City of Yakima Community Diversion Program: The Yakima Valley Community Foundation has offered up to $30,000 to fund a half year of the program if the City commits to funding the other half of the year. This development caused the Seasons to reduce their monthly use fee from $1,000 to $750. If the City of Yakima is interested in implementing the program, the City could commit to fund the program in 2017 at a cost of $57,000 which would allow the City to accept the half year funding grant of $28,927 (half the cost of the first year expense of $57,854) to get the program off the ground in July of this year. This proposal would give us a 1.5 year experience to use for grant applications in 2018. I project that if the program is successful we may be able to transition to a full Community Court Program in 2018 with the assistance of grant funding. There are BJA grants and private grant opportunities available for Community Court projects. The City of Spokane recently received a BJA grant to enhance their community court and a separate grant to fund a jail reduction project. The City of Olympia received a community court startup BJA grant of $100,000. Attached is a detailed budget for the program through 2017. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt the Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description D Resolution -COY & YVCF Grant Agreement D Detailed Budget D COY & YVCF Grant Agreement Yakima Needs Assess nt Report - Preliminary D Findings 8 12 15 Upload Date 6/13/2016 6;13/2016 6;13/2016 6/13/2016 No Public Safety Interim City Manager Type Resolution Backup Material Cont roc t Backup Material A RESOLUTION RESOLUTION NO. R -2016 - authorizing and directing the City Manager of the City of Yakima to execute an Agreement with the Yakima Valley Community Foundation to accept funds to pay for the implementation of a Community Diversion Program. WHEREAS, the City Prosecution Division prosecutes misdemeanors and gross - misdemeanors that occur within the City of Yakima and the prosecution caseload includes repeat offenders who commit low level crime that has a negative effect on the neighborhood and the community at large; and WHEREAS, the City with the support of the Center for Court Innovations, an organization that receives federal grants to help jurisdictions around the country explore and implement alternative courts, has studied the possibility and benefits of implementing a Community Diversion Program since the fall of 2014; and WHEREAS, the Council funded the implementation of a Community Diversion program to be implemented in 2016, however, due to a budget shortfall the funding for the Community Diversion Program had to be redirected to other City budget commitments; and WHEREAS, the YVCF has offered to fund half a year of Community Diversion Program with a commitment from the City to fund the other half of the year; and WHEREAS, the City of Yakima is willing to accept the financial resources offered by the YVCF and commits to implement and fund the Community Diversion Program in 2017; and WHEREAS, the City Council finds it to be in the best interest of the City to direct the City Manager to execute the attached Agreement between the City of Yakima and the Yakima Valley Community Foundation for commitment to fund the implementation of a City of Yakima Community Diversion Program: now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to execute the attached Agreement to accept funds from the Yakima Valley Community Foundation to implement a Community Diversion Program in exchange for a City commitment to fund the Community Diversion Program in 2017. ADOPTED BY THE CITY COUNCIL this 21s1 day of June, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk Attachment A In this model, the Prosecution Division would offer a Community Diversion program to pre-screened defendants through a Stipulated Order for Continuance. The program would be held at the Seasons. Public Defenders and the service providers would be present. The goal would still be to connect repeat offenders with the services needed to Seasons -Diversion Program Monthly cost 1.5 yearly cost Personnel Costs Interpreter 2 hours $50. an hour $1,800.00 may be less if court certified interpreter not needed. Prosecutor Prosecutor 20 hours will initially be covered by existing staff Defense Public Defender 20 hours will initially be covered by existing staff Security 9 hours 2 X a montF $20.00 $6,480.00 People to People 41,599.00 62,399 Total Personnel Costs Equipment and Supplies Costs Supplies one time costs Printer, cart $475.00 Recorder $100.00 Hearing Equipment Cables $50.00 Prosecutor Defense PFP Chair $225.00 Agency Supplies Prosecutor Public Defender Location Expenses Room Rental 2 X per month $750.00 $13,500.00 Wand $200.00 crowd control device $200.00 flags for entrance $435.00 Safety vests $50.00 Travel/Training `r c6;a1 Equipment ant SuppQk s $13,500.00 One time costs: $1,735. Capital none Improvements Total budget July 84,179.00 1,735.00 85,914.00 2016 - December 2017 Funds available from $28,927.00 private donor City's Commitment for 2017 56,987 GRANT AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE ¥AKIMA VALLEY COMMIJNITY FOUNDATION FOR THE IMPLEMENTATION OF A CITY OF YAKIMA COMMUNITY DIVERSION PROGRAM. THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2nd Gtree{, Yakima, Washington 98901. and, the Yakima Valley Community Fuunde1iun, for purposes of funding the implementation of a Yakima Community Diversion Program. WHEREAS, the City Prosecution Division prosecutes misdemeanors and gross - misdemeanors that occur within the City of Yakima and the prosecution caseload includes repeat offenders who commit low level crime that has a negative effect on the neighborhood and the community at Iarge; and WHEREAS, the City with the support of the Center for Court |nnoVotiona, an organization that receives federal grants to help jurisdictions around the country explore and implement alternative cuurts, has studied the possibility and benefits of implementing a Community Diversion Program since the fall of 2014; and WHEREAS, the Council funded the implementation of a Community Diversion Program to be implemented in 2016, however, due to a budget shortfall the funding for the Community Diversion Program had to be redirected to other City budget commitments; and WHEREAS, the Yakima Valley Community Foundation will grant $28,927 for the program if there isa commitment from the City tofund the program in 2017 in the amount of $57.000and WHEREAS, the City of Yakima is willing to accept the grant offered by the Yakima VaIIey Community Foundation and commits to implement ancl fund the Community Diversion Program in 2017; and NOW, THEREFORE, in consideration of the covenants and agreements contained herein and performed by the parties hereto, it is hereby agreed as follows: 1. Purpose. The purpose of this Agreement is to define the responsibilities of the City and the Yakima Valley Community Foundation. 2. Obligations of the Parties. The City shall perform the following obligations as a condition of the Yakima Valley Community Foundation funding the Grant: A. The City shall implement the Community Diversion Program. B. The City shall commit to fundithe program in 2017 consistent with the budget in attachment A. C. The City Prosecution Division shall oversee the Community Diversion Program and report every 6 months to the Yakima VaIIey Community Foundation on who the program has served and the results of the individuals involvement in the program. Page 1 of 4 CdyVfYakinla-Yahirna\/mUeV Community Foundation The Yakima Valley Community Foundation shall perform the following obligation: The Yakima Valley Community Foundation shall provide a grant in the amount of $28'927 for the implementation of a Community Diversion Program as described in Attachment A. 3. Term. The term of this Agreement shall commence upon execution hereof and shall remain in effect until the full performance of each and every part of the Agreement. 4~ Administration. This Agreement shall be administered by the City's Prosecution Division. 5. Grantor. The Yakima VaIIey Community Foundation and the City understand and expressly agree that the Yakima Valley Community Foundation is Grantor and The Yakima Valley Community FouOdatioD, as a GnaOtor, assumes no responsibility for the Community Diversion Program. G. No Third Party Rights. This Agreement is entered into for the sole benefit of the parties. It shall confer no benefits or hghb;, direct or indinaot, on any third parties. No person or entity other than the City and the Yakima VaIIey Community Foundation may rely upon or enforce any provision of this Agreement. 7, Indemnification and Hold Harmless. A. The City agrees to maintain responsibility and assume liability in the implementation of the Community Diversion Program for its own wrongful and/or negligent acts or omiooiono, and those of its officers, agents or employees; and shall hold the Yakima VaJIey Community Foundation and its officers, agents or employees harmless from any responsibility or liability arising after City's acceptance caused by the wrongful and/or negligent acts or omissions of City or any third party. B. The provisions of this Section shall survive the termination or expiration of this C. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 8. Compliance with Law. The Parties to this Agreement shall comply with all applicable fedena|, state and local |mvvo, rules and regulations in carrying out the terms and conditions of this Agreement. 9. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any aQreennent, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such ogreennent, covenant, condition or right. Page 2of4 City of Yakima - Yakima VaIIey Community Foundation Community Diversion Agreement 10. Dispute Resolution. The City and the Yakima Valley Community Foundation shall meet to discuss any outstanding issues related to the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation. 11. integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 12. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 13. Sevenabi|itV' A. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal or invalid in whole or in part, the validity of the remaining provisions shall not be afhected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of \8/aohiOQkJD, that provision which may conflict shall be deemed inoperative and null and void insofar as it may uonflict, and shall be deemed modified to conform to such statutory provisiom 14. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 15. Notices. Unless otherwise stated henein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY OF YAK|K8A Jeff Cutter, Interim City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: YAKIMA VALLEY COMMUNITY FOUNDATION Linda G. Moore, President & CEO 111 University Parkway Suite 102 Yakima, Washington 98908 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor or posted on the City's web site pursuant to RCW 39.34.040. Page 3of4 Cih/ofYmkima-YahinnaVmUeyConmnnunit«Foundmbon CITY OF YAKIMA YAKIMA VALLEY COMMUNITY FOUNDTION Jeff Cutter, Interim City Manager Linda G. Moore, President & CEO Date Signed Date Signed ATTEST: Sonya Clear - Tee, City Clerk There is one attachment to this Agreement, labeled Attachment A Page 4of4 City of Yakima -Yakima VaIIey Community Foundation C L N' I' L R FOR (; O U R T I NNOVAT ION 520 Eighth Avenue, 18th Floor New York, New York 10018 646-386-3100 www.courtinnovation.org Needs Assessment Report for the Creation of Community Court in the City of Yakima, Washington PRELIMINARY FINDINGS Draft August 12, 2015 1 CENTER FOR CU R 1 INNOVATION The Center for Court Innovation seeks to help create a more effective and humane justice system by designing and implementing operating programs, performing original research, and providing reformers around the world with the tools they need to launch new strategies. The Center grew out of a single experiment in judicial problem -solving. The Midtown Community Court was created in 1993 to address low-level offending around Times Square in New York City. This innovative experiment in community justice combines punishment and help, sentencing offenders to perform community service and receive social services. The project's success in making justice more visible and more meaningful led the court's planners, with the support of the New York State Unified Court System, to establish the Center for Court Innovation to serve as an engine for ongoing court reform in New York. The Center has received numerous awards for its efforts, including the Innovations in American Government Award from Harvard University and the Ford Foundation, and the Prize for Public Sector Innovation from the Citizens Budget Commission. Today, the Center's projects include community courts, drug courts, reentry courts, domestic violence courts, mental health courts, and many other initiatives. Beyond New York, the Center disseminates the lessons learned from its innovative programs, helping criminal justice practitioners around the world launch their own problem -solving experiments. The Center for Court Innovation provides hands-on, expert assistance to practitioners—judges, attorneys, criminal justice officials, and community organizations—around the country and internationally. The Center provides guidance on assessing public safety problems and crafting workable, practical solutions. Having launched dozens of innovative criminal and juvenile justice initiatives in New York, the Center knows first-hand the nut -and -bolts steps that must be taken to get a new project off the ground. From using data to define the problem to reaching out to the local community to building effective multi - agency partnerships, the Center is working nationwide and overseas to help create innovative responses to problems like drugs, domestic violence, delinquency, and neighborhood disorder. This report was supported by the Bureau of Justice Assistance's National Problem -Solving Justice Initiative (Grant # 2011 -DC -BX -K002). The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the authors and do not represent the official position or policies of the U.S. Department of Justice. 2 Needs Assessment Report for the Creation of Community Court in the City of Yakima, Washington PRELIMINARY FINDINGS Table of Contents I. Background: the Driving Force behind the Plans to Create a Community Court in Yakima 4 II. Methodology 4 III. Data Analysis 6 a. Description of the area to be served by a proposed community court 6 b. Population and demographics 7 c. Poverty and Unemployment 7 d. Local social service providers 7 e. Crime 7 IV. Community Strengths and Challenges 9 a. Quality of life and public safety perceptions 9 b. Specific public safety concerns 12 c. Community resources and engagement 15 V. Justice System Strengths and Challenges 16 a. Linking defendants to services 16 b. Defendant accountability 17 VI. Next Steps 18 3 I. Background: the Driving Force behind the Plans to Create a nommunity Court in Yakima Since the Fall of 2014, the Public Safety Committee of the Yakima City Council has been exploring the creation of a community court to address public safety concerns in the city's Downtown and First Street Corridor neighborhoods. These two areas are located in the heart of the city and are home to a variety of attractions, a mix of communities, and a rich array of services. Downtown Yakima is a vibrant, business -oriented neighborhood that has been undergoing revitalization. The First Street Corridor is a mile -long entryway into Yakima, and is the first thing people see while entering the city. Both have a reputation for quality of life offenses like graffiti, drug activity in public, street prostitution, trespassing, aggressive panhandling, loitering, and public urination. Community courts are neighborhood -focused courts that attempt to harness the power of the justice system to help communities address local problems. They strive to engage outside stakeholders such as residents, merchants, churches, and schools in new ways in an effort to bolster public trust in justice. The community court model seeks to bring the court and community closer by giving the court a problem -solving orientation, providing mechanisms for community input, and linking defendants to social services. Community courts seek to respond to crime through a combined strategy of holding offenders accountable and offering to help defendants with a range of social needs. The Yakima City Manager, Tony O'Rourke, designated Cynthia Martinez, City Prosecutor, as the lead planner for this initiative. The lead planner reached out to the Center for Court Innovation, and the Bureau of Justice Assistance (Department of Justice) approved the Center to provide technical assistance to the City of Yakima for the creation of a community court under the terms of the Center's National Problem -Solving Justice Initiative grant. In December 2014, the City of Yakima entered into a Memorandum of Understanding with the Center for Court Innovation to assist in conducting a formal assessment of community needs for the project's development. Methodology Key stakeholders, including the lead planner Cynthia Martinez, Municipal Court Judge Susan Woodard, and Public Safety Committee city council members, began a needs assessment process. A needs assessment is a systematic examination of quantitative and qualitative data from a variety of government and community sources. A needs assessment provides community court planners with an opportunity to: 1. Engage key stakeholders in the justice system and community; 2. Learn more about specific problems and opportunities for change; and 3. Develop innovative strategies that improve safety in the community. The needs assessment process included data gathering and review, stakeholder interviews, a survey of the community, and focus groups. Additionally, key stakeholders visited two regional community courts 4 to speak with court staff, discuss the planning process, and observe community court dockets. These were the Spokane Community Court and the Seattle Community Court. Data analysis The Yakima Police Department provided arrest data within the City of Yakima for the years 2013, 2014, and 2015 (current through July 23, 2015). The data derived from (1) NIBRS data, which represents reportable arrests according to the National Incident Based Reporting System; and (2) Spillman RMS, which is the Yakima Police Department's Records Management System and contains raw arrest data. Both data were examined in collaboration with Joseph Brown, Crime and Intelligence Analyst at the Yakima Police Department. Other data that was analyzed includes the results of an annual citizen survey ("2014 Annual Survey") conducted in Yakima' as well as U.S. Census data.2 In the 2014 Annual Survey initiative, 743 surveys were completed by Yakima residents. Data pending to be analyzed includes court data, demographic data, and data on the community's problematic drug use and mental health needs. Stakeholder interviews In a community court planning needs assessment process, stakeholder interviews are one-on-one structured interviews with key stakeholders—justice system players, leaders of the business and residential communities, elected officials, clergy, service providers, and others—which help to provide a fuller understanding of a community's problems. Interviews with the following stakeholders have been conducted so far: - James Barth, Director of Safety Services in Central Washington and the Barth Clinic - Therese Murphy, Administrator for Yakima County District Court Probation and Pretrial Services - Dominic Rizzi, Chief of Police, City of Yakima Police Department - Jeff Schneider, Captain, City of Yakima Police Department - Judge Susan Woodard, Presiding Judge, Yakima Municipal Court Interviews are pending with other key stakeholders, including other representatives of the community, criminal justice agencies, government, and social service providers. Community survey The City of Yakima developed a community survey designed to provide city officials with views from people who reside in, work in, or visit Downtown Yakima or the First Street Corridor about public safety and quality -of -life issues. Additionally, the survey sought to gauge citizen interest in establishing a community court that would address low-level criminal offenses. 1 The National Citizen Survey, Yakima, WA: Comparisons by Geographic Subgroups (2014), available at http://www.yakimawa.gov/services/city-manager/files/2014-Yakima-Citizen-Survey-Geographic-Crosstabs.pdf. 2 United States Census Bureau, State & County QuickFacts, Yakima (city), Washington, available at http://quickfacts.census.govicifdistates/53/5380010.html. 5 Professor David C. Brody, Ph.D., from the Department of Criminal Justice and Criminology at Washington State University, implemented the community survey and analyzed the results. A total of 135 surveys were completed, both by mail and online, which represented approximately a 20% response rate for the mail survey. 84% of survey respondents reported living or working in Yakima for longer than 10 years, and 78% of respondents own their own home. The findings of the community survey—which will be referred to throughout this report—were published in the City of Yakima Community Survey on Public Safety: Final Report ("Community Survey Report") in June 2015 (see Annex A). Focus groups Conducting focus groups offers planners an opportunity to better understand the attitudes and needs of key, targeted populations, whose views may not be well represented in stakeholder interviews. These structured group interviews are designed to solicit input from key justice system or community groups, including underrepresented groups, provider networks, or community residents. Safe Yakima Valley, a not-for-profit organization dedicated to improving and safeguarding the community, has led two focus groups with a mix of citizens and business owners regarding the development of a community court in Yakima. Focus groups are pending with other categories of stakeholders, including criminal justice system representatives, a business owners' association, and the Hispanic community. Data Analysis Description of the area to be served by a proposed community court The area to be served by the proposed community court includes Yakima's Downtown and First Street Corridor neighborhoods, which correspond to the city's police districts 1 and 2, respectively. They are located in the northeast part of the city. Overview of Law Districts — City of Yakima Your area of Inquiry 6 b. Population and demographics According to the most recent U.S. Census, conducted in 2010, the total population of the City of Yakima is 91,067, and the racial breakdown is as follows: 52.2% of residents are white (non -Hispanic), 41.3% are Hispanic, 2% are American Indian or Alaska Native, 1.7% are black or African American, and 1.5% are Asian. From 2009-2013, the percentage of persons who spoke a language other than English at home in the City of Yakima was 36.7%, in comparison with 18.5% in Washington State. While the U.S. Census only provides citywide data, it would be helpful to examine these rates in the city's nine districts. Poverty and UnemploymCilL The U.S. Census also estimated that between 2009-2013 24.4% of Yakima residents lived below the poverty level, whereas about half of that population (13.4%) lived below the poverty level in Washington State. The City of Yakima has a homeownership rate of approximately 10% lower than that of the state (53.5% versus 63.2%). While the U.S. Census only provides citywide data, it would be helpful to examine these rates in the city's nine districts. d. Local social service providers The Downtown and First Street Corridor neighborhoods are home to many social service agencies and nonprofit organizations, including drug treatment, mental health providers, and homeless shelters. One of the best known of these is the Yakima Union Gospel Mission, which is located on the First Street Corridor and provides meals, counseling, health services, and a residence shelter. Other well known agencies include the YMCA and Safe Yakima Valley. Crime In a report generated by the Yakima Police Department, a breakdown of crimes in Yakima's nine police districts showed that: • In 2013 and 2014, 32% and 26% of all low level property and society arrests took place in districts 1 and 2, respectively. • In 2013 and 2014, 35% and 34% of all misdemeanor arrests took place in districts 1 and 2, respectively. • In both 2013 and 2014, 26% of all gross misdemeanor arrests took place in districts 1 and 2. Further, when looking cumulatively at all misdemeanor and gross misdemeanor arrests from 2013 — 2015 (through 7/23/15) these two districts account for a disproportionately high percentage (27%) of arrests in the city's nine police districts. Community court planners indicated that charges being considered for the community court's jurisdiction include criminal trespass, prostitution -related crimes, possession of drug paraphernalia, shoplifting, theft, assault (liquor or drug related), liquor in park, lewd or indecent conduct, and 7 aggressive panhandling. Overall, arrest data showed that criminal trespass (1 and 2), possession of drug paraphernalia, and prostitution -related crimes occur frequently in districts 1 and 2. Notably, 100% of all prostitution -related arrests in 2013-2015 occurred in districts 1 and 2 (Loiter for Prostitution — 12; Offer & Agree Prostitution — 12; Patronize a Prostitute — 15; and Prostitution — 4) Percent of Yakima's total misdemeanors and gross misdemeanors occurring in Downtown Yakima and First Street Corridor (districts 1 and 2) Charge 2015 2014 2013 Criminal Trespass 2 Possession of drug paraphernalia Criminal Trespass 1 Theft 3 (Under $750) Shoplifting 33% 40% 41% 17% .07% 53% 61% 47% 43% 23% .79% 52% 46% 31% .04% As can be seen above, according to arrest data, shoplifting is not a frequent charge in districts 1 and 2. The most prevalent misdemeanor and gross misdemeanor offenses in districts 1 and 2, excluding driving -related and domestic violence -related offenses, are shown in the charts below. Top five misdemeanor offenses in districts 1 and 2 2014 1. Criminal trespass 2 (26) 2. Use of drug paraphernalia (19) 3. Resisting arrest (11) 4. Possession of drug paraphernalia (7) 5. Lewd conduct (6) 2013 1. Possession of drug paraphernalia (42) 2. Criminal trespass 2 (27) 3. Use of drug paraphernalia (24) 4. Stay out of area (23) 5. Patronize a prostitute (15) Top five gross misdemeanor offenses in districts 1 and 2 2014 1. Assault 4 (32) 2. Shoplifting (30) 3. Assault (29) 4. Malicious mischief (25) 5. Theft (Under $750) (23) 2013 1. Assault (34) 2. Obstruct a law enforcement officer (34) 3. Theft 3 (Under $750) (33) 4. Trespassing (19) 5. Shoplifting (15) 8 Percent rating positively (e.g., excellent/good) The overall quality of life in Yakima Overall image or reputation of Yakima Yakima as a place to live Your neighborhood as a place to live Yakima as a place to raise children Yakima as a place to retire Overall appearance of Yakima IV. Community Strengths and Challenges Citizens and neighborhood groups have an important role to play in — 7 helping the justice system identify, prioritize, and solve local Problem -Solving Principle: problems. Actively engaging citizens helps improve public trust in Community Engagement J the justice system. Greater trust, in turn, helps people feel safer, — - fosters law-abiding behavior, and makes members of the public more willing to cooperate in the pursuit of justice (as witnesses, jury members, etc.).3 Community engagement is an integral part of planning for a community court. This section outlines the community strengths and challenges identified by Yakima residents throughout the needs assessment. a. Quality of life and public satety perceptions According to the 2014 Annual Survey, less than half of Yakima residents rated the overall quality of life in Yakima as excellent or good. At the same time, it should be noted that over 60% rated their neighborhood as excellent or good as a place to live. Below is a breakdown of the general community characteristics as rated by this survey. 2014 Annual Survey, Community Characteristics – General (2014)4 In the same survey, 29% of respondents stated that their overall feeling of safety in Yakima was either "excellent/good" or "very/somewhat" safe. In comparison, 76% of respondents felt this way about their neighborhood during the day, and 60% felt this way about Yakima's downtown/commercial area during the day. These results are illustrated in the chart that follows. 3 Center for Court Innovation, Principles of Problem -Solving Justice (2007), p. 4, available at http://www.courtinnovation.org/sites/default/files/Principles.pdf. 4 The National Citizen Survey, p. 2. 9 Overall 46% 21% 52% 61% 44% 44% 30% In the same survey, 29% of respondents stated that their overall feeling of safety in Yakima was either "excellent/good" or "very/somewhat" safe. In comparison, 76% of respondents felt this way about their neighborhood during the day, and 60% felt this way about Yakima's downtown/commercial area during the day. These results are illustrated in the chart that follows. 3 Center for Court Innovation, Principles of Problem -Solving Justice (2007), p. 4, available at http://www.courtinnovation.org/sites/default/files/Principles.pdf. 4 The National Citizen Survey, p. 2. 9 2014 Annual Survey, Community Characteristics — Safety (2014)5 Percent rating positively (e.g., excellent/good, very/somewhat safe) Overall Overall feeling of safety in Yakima 29% In your neighborhood during the day 76% In Yakima's downtown/commercial area during the day 60% The 2014 Annual Survey reveals that 92% of residents ranked the overall feeling of safety in Yakima as being "essential/very important" to them.' Finally, residents were asked to indicate how important, if at all, it is for the City to invest in a list of possible issues in the next 12 months. "Public safety/police services" and "job creation/economic development" tied in the lead, with 91% of survey respondents rating these as "essential" or "very important." 100% 80% 60% 40% 20% 0% 2014 Annual Survey, City Priorities (2014)' "Please indicate how important, if at all, it is for the City to invest in each of the following issues in the next 12 months:" I I 1 1 1 1 Public Job creation/ Road Parks and Community Code and sign safety/police economic improvements recreation events/activities enforcement services development improvements • Percent rating as "esential" or "very important" During the needs assessment process, a community survey was carried out to assess residents' public safety perceptions and opinions about the creation of a community court in Yakima. Planners conducted extensive media outreach to raise awareness of the community survey and the community court project in general. Recent coverage includes the following: • NBC, City of Yakima Looks to Create Community Court to Crack Down on Low Level Crime (May 8, 2015), http://www. nbcrightnow.com/story/29019450/city-looks-to-create-community-court-to- crack-down-on-low-level-crime. • Yakima Herald, Yakima wants input on community court idea (May 7, 2015), http://www.yakimaherald.com/news/local/yakima-wants-input-on-community-court- idea/article d7b0507a-86ba-5572-913b-773b0217d6fd.html. 5Id. 6 Id., p. 9. Id., p. 10. 10 • • KIMA CBS 29, Yakima asks for input on potential community court (May 6, 2015), http://www. kimatv.com/news/local/City-survery-to-gather-input-on-potential-Yakima- co m m u n ity-co u rt -30 2798481. htm 1. • KAPP TV, Safe Yakima Valley Looks To Help Create Community Court System (March 16, 2015), http://www. kapptv.com/article/2015/mar/16/safe-saki ma-val ley -looks -help -create -comm u nity- cou/. • News Talk KIT, City Officials Travel to Spokane To Check Out Special Court (January 21, 2015), http://newstalkkit.com/city-officials-travel-to-spokane-to-check-out-special-court/. • KIMA CBS 29, Yakima explores idea of community court program (October 13, 2014), http://www. kimatv.com/news/local/Yakima-explores-idea-of-community-court-program-- 279076211. htm I. Community members and stakeholders expressed an overall feeling of safety in Yakima and a good quality of life. However, they noted a few areas of the city where residents do not feel safe. The community survey results, which are detailed in the graphic that follows, indicate that 53% of respondents feel "somewhat unsafe" or "very unsafe" in the First Street Corridor neighborhood. Stakeholders described properties in the First Street Corridor neighborhood as being in a state of decay, which contributed to not feeling safe there. 29% of survey respondents indicated feeling "somewhat unsafe" or "very unsafe" in Downtown Yakima; conversely 54% felt "somewhat safe" or "very safe." Percent of Community Survey Respondents Perceiving Broad Areas as Safe or Unsafe$ Panel A Percent Unsafe Somewhat unsafe • Very unsafe First Street Corridor Downtown Yakima Your neighborhood City of Yakima 30% 22% ■ 16% 19% .6 0% 10% 20% 30% 40% SO% 60% First Street Corridor Downtown Yakima Your neighborhood City of Yakima 40% 36% • 52% T O% 10% 20% 30% 40% 50% 60% 70% In response to a question about perceived safety in specific locations (e.g., a park Downtown) or situations (e.g., walking Downtown), more than 50% of respondents indicated they felt "somewhat unsafe" or "very unsafe" in Miller Park, Cherry Park, the Downtown transit center, and walking on the First Street Corridor. The graphic below illustrates the community survey responses to this question. 'Community Survey Report, p. 7 11 Percent of Community Survey Respondents Perceiving Specific Locations or Situations as Unsafe9 Somewhat unsafe ■ Very unsafe M■Iler Park - 27% - 36% Cherry Park 1 20% Downtown transit center 1 34% Walking First Street Corridor 1 29%i ■ On the street a 20% Walking Downtown • 18% Downtown library 7 14% 1 1% Commuting for work 7% 1 1% Farmer's market 5% D% 1D% 20% 30% 40% 50% 60% 70% k Specific public safety concerns Community survey respondents, stakeholders, and focus group participants broadly agreed on Yakima's most prevalent public safety concerns. The community survey asked residents to rank a number of different offenses as a "Big Problem," "Small Problem, "Not a Problem," or "Don't Know" in the Downtown and First Street Corridor neighborhoods. The top offenses that community survey respondents found to be a "Big Problem" were graffiti (80%), vandalism (69%), property crime (65%), driving without a valid license (63%), drug activity in public (61%), and littering (59%). Also ranked high were several quality of life offenses, including prostitution (54%), shoplifting (49%), trespassing (46%), aggressive panhandling (46%), public urination or defecation (45%), and public drinking (37%). 9 Id. 12 Offenses Rated by Community Survey Respondents as "Big Problem" ' Graffiti Vandalism Property crime Driving w/o valid license Drug activity in public Littering Abandoned buildings Violent crime Prostitution Unsupervised juveniles Shoplifting Trespassing Aggressive panhandling Public urination or defication Overnight camping Public drinking Underage drinking Disorderly conduct Truancy Violation of park rules Abandoned vehicles Noise disturbance 38% 37% 35% 33% 32% 30% 26% 25% 69% 65% 63% 61% 59% 58% 57% 54% 51% 49% 46% 46% 45% 80% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Stakeholders and focus group participants shared similar public safety concerns. The following issues were discussed during the needs assessment process: Quality of Life Offenses. Stakeholders and focus group participants indicated that quality of life offenses were common in the Downtown and First Street Corridor neighborhoods. When asked about specific public safety concerns, the first issue that was brought up in almost every interview was graffiti. One stakeholder described the graffiti issue as "disheartening." Community members voiced a concern that graffiti was gang -related, and that Yakima's juvenile population appeared to be most influenced by gangs. Stakeholders also expressed serious concerns over several other quality of life offenses, including vandalism, public drug and alcohol use, prostitution, trespassing, aggressive panhandling, loitering, and public urination. One stakeholder mentioned that "you don't need statistics to see the prostitution and petty nuisance crimes taking place in these two districts; you can just drive by and it's apparent." Another stakeholder mentioned seeing prostitution in the middle of the afternoon and referred to the marked prevalence of quality of life offenses in Yakima as a "sad, sad, sad situation." • Property crimes: Stakeholders and focus group participants noted that property crimes were a significant public safety concern. They indicated that local businesses were victims of crime, break-ins, and property destruction, and that residential homes were also burglarized. Among 10 Id., p. 8 13 the community survey respondents, 39 (29%) indicated they had been a crime victim in Downtown Yakima, while 28 (21%) had been victimized on the First Street Corridor. Of these respondents, 17 reported being a victim in both locations. The respondents most frequently experienced property crimes, including robbery, followed by acts of vandalism. In the addition to the quality of life and property offenses discussed above, stakeholders noted the following significant public safety concerns: Homelessness. Stakeholders and focus group participants indicated that there is a visible homeless population in the Downtown and First Street Corridor neighborhoods that appears to be increasing. In addition to homeless individuals congregating in Downtown Yakima, stakeholders also noted that this population is often present in the areas immediately surrounding the Yakima Union Gospel Mission on the First Street Corridor (a nonprofit that assists the city's homeless population through services and emergency shelter). There was broad support for the Mission's services, but also an understanding that the Mission "cannot help everyone." Because Yakima is the largest community within several hundred miles—the surrounding areas being primarily rural and agricultural—residents indicated that people tend to migrate to Yakima to access basic services. Oftentimes these individuals are transient and end up becoming part of the homeless population. Further, stakeholders noted that oftentimes homeless individuals concurrently have substance use and mental health issues. • Problematic Drug Use and Mental Health Concerns. Stakeholders and focus group participants indicated that there is a visible population of problematic drug users and mentally ill individuals in the Downtown and First Street Corridor neighborhoods. People can be seen drinking alcohol out of paper bags in public, and using drugs on the street, in and around run-down hotels, and even in library bathrooms. Residents referred to this prevalence as a "drug lifestyle" in the motels along the First Street Corridor, and stated that mentally ill individuals were often seen "wandering" around the city. Yakima Police Department stakeholders interviewed stated that the most common illicit drug of choice is heroin, followed by methamphetamine and cocaine. • Socioeconomic concerns and distrust in government: In addition to the public safety issues listed above, stakeholders and focus group participants indicated that the City of Yakima has had historically high rates of poverty, low education levels, and a lack of jobs. This is in part due to the city's agriculturally -based economy and influx of transient migrant workers, but stakeholders also pointed to a lack of a coordinated effort to address these issues. Stakeholders noted that overall, Yakima residents seem to feel unable to overcome these systemic barriers and there is low public community education on these issues and how to resolve them. According to one stakeholder, "there is a community perception of giving up." There is distrust of local government, including the police—particularly by the Latino population—and there has been a rise of gang activity, particularly by youth. 14 :. Community resources and engagement Stakeholders and focus group participants had many positive things to say about Yakima's community resources, including the existence of different community activities in Downtown Yakima, the opportunity to work in historical buildings, the emergence of new businesses, the bus and taxi services, the availability of fresh produce due to its agricultural nature, and affordable housing. Stakeholders also noted that the City is in transition and hopes to develop its tourism industry. Community members appreciated Yakima's small size and diversity. Stakeholders noted that Yakima is a very "giving community" and that there is "no hesitation" in supporting good, positive programs by both individuals and organizations. The following community resources were mentioned as being particularly important in the City of Yakima: • Union Gospel Mission • YMCA • Safe Yakima Valley • Yakima Neighborhood Health • Gang -free Initiative Services • Rotary International • Yakima Valley Pet Rescue • Yakima Humane Society • Pegasus Project • Casey Family Program Stakeholders agreed that Yakima is home to many social service and treatment providers, with the only "downside" to this being that "there is a lot of need" and individuals often could not afford to access these services. Given that the community court model has been shown in other jurisdictions to encourage collaboration, enhance community involvement in the justice system, leverage resources, and provide creative solutions to problems that fuel criminal behavior, stakeholders and community members were largely enthusiastic about the idea of a community court in Yakima. One resident who works and lives in the heart of Yakima stated about the idea of a community court, "You know I think if you break the law there should be a punishment, but you know if people in the community are willing to volunteer and help others in the community get back on their feet I think it's a great thing."11 Additionally, the Yakima community has left comments on social media sites expressing their thoughts on a community court. On KIMA Action News' Facebook page,12 although some residents were skeptical of the idea, positive feedback to a post asking, "A community court's job is to punish low-level crimes with community service or education programs. Should Yakima implement a system like this?" include: 11 NBC, City of Yakima Looks to Create Community Court to Crack Down on Low Level Crime (May 8, 2015). 12 https://www.facebook.com/kimatv/posts/10152953953519958 (small typos corrected). 15 • "YES!!! Please include programs such as: 1) anger management, 2) counseling, and 3) career counseling for after." • "Absolutely. If more people had to do service hours for pity crimes maybe they'd learn from it! Jail is nothing it's like a vacay... community hours and classes are by far more effective." • "I think something like that would be perfect for nonviolent crimes or first time offenders." • "You mean they don't have one already, no wonder these kids don't learn." • "It would be nice to put them to work cleaning up the city. No harm in trying." • "Contractors say it takes away their income, costs to have errands watched, and run a program, etc... But in reality Yakima CAN'T afford not to do this, if it's done correct and they hire a dedicated person not a user. Benefits outweigh.... There must be grants out there to run this for a couple years...." V. Justice System Strengths and Challenges a. Linking defendants to services Using valid, evidence -based risk and needs assessment instruments, the justice system can link offenders to individually tailored Problem -Solving Principle: community-based services (e.g., job training, drug treatment, safety Individualized Justice planning, mental health counseling) where appropriate. In doing so (and by treating defendants with dignity and respect), the justice system can help reduce recidivism, improve community safety and enhance confidence in justice. Links to services can also aid victims, improving their safety and helping restore their lives.13 Currently, the Yakima Municipal Court does not utilize an evidence -based risk/needs assessment tool to link defendants to services. However, stakeholders expressed interest in utilizing a risk/needs assessment tool in the community court project, as well as receiving training on the Risk -Need - Responsivity (RNR) principles.14 Stakeholders also conveyed that the Municipal Court does not typically link defendants to services, and that in particular, addressing defendants' mental health needs and substance use disorders is a challenge confronting the court. This has resulted in defendants with mental health needs to be held in jail awaiting a competency evaluation even though bail has been set, or other times, defendants held in jail until they stabilize but quickly returning to problematic drug use or to not taking their medication once they are released. Stakeholders noted that there is a "quick cycling" of drug users through the criminal justice system, as well a "longer term cycling" of individuals with severe mental health needs through the system. Police Chief Dominic Rizzi noted that the ability of a community court to mobilize and leverage services would have a positive social impact in Yakima. 13 Center for Court Innovation, Principles of Problem -Solving Justice (2007), p. 6, available at http://www.courtinnovation.org/sites/default/files/Principles.pdf. 14 Under the RNR approach, the intensity of community-based treatment and supervision should match the risk level for reoffense, the treatment provided should match the individual's needs, and the modality of the intervention should be one to which the individual is most responsive. 16 81% of community survey respondents believed that connecting offenders with services may help break the cycle of re -offending. According to the Community Survey Report, this willingness to consider non- punitive action in dealing with offenders is indicative of a community that will support the development of a community court. Stakeholders indicated that Yakima was home to many service providers, but that a lot of people cannot afford access to services. In particular, stakeholders mentioned that there are only a small number of beds available for people who have substance use disorders or mental health issues and cannot pay. When asked what kind of services the community court should provide to offenders, stakeholders and focus group participants mentioned the following: • Treatment for substance use disorder • Mental health treatment • Housing • Job skills training / work ethics training • Educational courses (e.g., GED) • Health care It is also worth noting that stakeholders indicated that Yakima County has applied alternatives to incarceration practices for over two decades, and that its Superior and District Courts have been very receptive to new initiatives. The county has a drug court, DUI court, and mental health court. Additionally, with support from the Bureau of Justice Assistance, the county is striving towards using evidence -based practices and assessments in its pretrial services department. b. Defendant accountability The justice system can send the message that all criminal behavior, even low-level quality -of -life crime, has an impact on community safety and has consequences. By insisting on regular and rigorous compliance monitoring—and clear consequences for non- compliance—the justice system can improve the accountability of Problem -Solving Principle: offenders. It can also improve the accountability of service providers Accountability by requiring regular reports on their work with participants.15 According to stakeholders, the City of Yakima has justice system resources that allow it to respond to low level offenses through policing, prosecution, and short term jail sanctions. Focus group participants likewise indicated that strengths of the justice system include a fast response by police to incidents and police presence, including police on bikes in the Downtown area. However, stakeholders noted that the system is not set up to effectively respond to the city's common quality of life offenses and low level offenders, particularly those with substance dependency or mental health issues. As noted above, fining or imprisoning this population has not been an effective solution and, further, does not send the 15 Id., p. 7. 17 message of accountability. Stakeholders indicated that the same players are seen over and over again in the justice system. Municipal Court staffing resources was noted as a challenge that affects judicial compliance monitoring. In particular, stakeholders noted that there is an insufficient number of clerks in the office in relation to their caseload. Due to staffing limitations, the Clerk's office is currently only open 4 hours a day and judges often preform administrative duties. One way of ensuring defendant accountability and maintain the community's buy -in is through visible restitution, such as community service projects. When discussing a community court project, stakeholders and focus group participants broadly supported the idea of seeing low-level offenders perform a variety of community services. These included: • Removing graffiti • Picking up garbage along the freeway • Helping senior citizens with yard work • Working with different community groups Several stakeholders indicated that the more visual a community service project is to the public, the better, so that the community can see accountability "in action." One justice system stakeholder indicated that it would be helpful to convey to defendants the concepts of personal property, ownership, and pride to prevent the continuous graffiti on people's property. This could be done, it was suggested, through community service with a home ownership program such as Habitat for Humanity. Nonetheless, stakeholders noted that there was a concern about locating community service projects in Downtown Yakima because businesses there pay a private company that is charged with the beautification of the area. Finally, stakeholders were receptive to the idea of holding defendants accountable through participation in social services programs that benefit participants. For example, defendants could work towards a high school diploma, learn employment skills, or obtain counseling as a part of their community court mandate. This idea ties together the concepts of holding defendants accountable and linking them to services, which is a key facet of problem -solving justice. Next Steps As evidenced by the needs assessment process to date, community members broadly support the idea that a community court could benefit the City of Yakima in addressing public safety concerns. For community courts to be successful, they should address each community's particular needs. In the early stages of planning, it is common for planners to look to other jurisdictions' community courts. We recommend that planners learn about and utilize the process that other jurisdictions used to create their courts, rather than try to replicate any particular model. To finalize the needs assessment process, the following steps should be completed: 18 1. Formalization of a Multi -Agency Steerinq Committer While there is currently a diversity of stakeholders (including the lead planner, city council members, and representatives from probation and the judiciary) engaging in the planning process, the Center recommends establishing a formal Steering Committee to continue the needs assessment. The Steering Committee could include members from the judiciary, city attorney's office, city council, law enforcement, and the defense bar. 2. Data collection Understanding local needs and the underlying problems of offending are crucial in problem -solving justice. Yakima planners should further analyze calls for police service, demographic data of defendants, and court data to better understand the specific needs of the offender population. . Stakeholder interviews Stakeholder interviews should be conducted with other key stakeholders, including the following: • City Council • Judiciary (county and city) • City Attorney's Office • Defense bar • Social service providers (housing, health care, and treatment providers) • Neighborhood residents • Business community • Faith -based groups 1. Focus groups Focus groups should be conducted with other categories of stakeholders, including for example: • Criminal justice system representatives (i.e., with an existing county or city criminal justice advisory board) • Law enforcement • Business owners' association • The Hispanic community (conducted in Spanish) 5. Technical assistance site visit Upon request during the needs assessment process, the Center is willing to conduct a training and technical assistance site visit to the City of Yakima to meet key stakeholders and discuss strengths, challenges, and opportunities of this project. This site visit is an opportunity to share best practices and lessons learned by other jurisdictions. The visits might include a current community court practitioner (e.g., community court judge, prosecutor, or coordinator) from another jurisdiction. 19 Connect with mentor courts In September 2014, the Bureau of Justice Assistance, in collaboration with the Center for Court Innovation, selected community courts in Dallas, TX; Hartford, CT; Orange County, CA; and San Francisco, CA, to serve as regional mentor courts for jurisdictions seeking to improve their handling of low-level criminal cases. The mentor courts—which were chosen in peer -review competitive process— host site visits, answer questions from practitioners, and participate in conferences and workshops. Yakima community court planners should connect with one or more mentor courts to receive peer support throughout the planning process. We look forward to continuing to assist the City of Yakima with the creation of a community court and the finalization of this needs assessment report. Medina Henry Natalie Reyes Center for Court Innovation 20 Annex A Community Survey Report 21