HomeMy WebLinkAbout11/18/2014 11 Community Court - Proposal and ConsiderationBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: November 18, 2014
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Consideration of a Proposed Community Court
Cynthia I. Martinez, Senior Assistant City Attorney
On October 24, 2014, the Public Safety Committee of the Yakima City Council held a
conference call with the Center for Court Innovations pertaining to the Community Courts
concept and the benefits of implementing a Community Court in Yakima. At the end of the
meeting, the Public Safety Committee Members endorsed an effort to move forward and
explore what Community Court would look like in Yakima and the cost of such a program.
Community Court utilizes a collaborative, problem solving approach to crime designed to
address recurring low level crime that is of concern to the community. Through partnership with
numerous government, community and faith -based organizations, the Community Court Model
endeavors to hold defendants accountable, address factors impacting defendants' criminal
behavior, improve the quality of life in the targeted neighborhood, address victim needs and
increase public confidence in the local criminal justice system.
A site visit of the City of Spokane Community Court is scheduled for January 26, 2015 and
Council members are invited to attend.
Resolution: Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Council decision.
City Manager
ATTACHMENTS:
Description Upload Date
Memo re Community Court Concept 11.10.2014 11/10/2014
Community Court Article 2.20.2014 11/10/2014
Spokesman -Review Article Re Community Court
3.23.2014
11/10/2014
Type
Cover Memo
Backup IM ate a II
Backup IM ate a II
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street, Yakima, Washington 918901 (509)575-6030 Fax (509)575-6160
MEMORANDUM
November 10, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Cynthia Martinez, Senior Assistant City Attorney
SUBJECT: Community Court Concept
On October 24, 2014, the Public Safety Committee of the Yakima City Council held a
conference call with Brett Taylor, Emily Lagratta, Michaela Lowry and Natalie Reyes at
the Center for Court Innovations pertaining to the Community Courts concept and the
benefits of implementing a Community Court in Yakima. The Center for Court
Innovations is a non-profit think tank that receives federal grants from the Department
of Justice to help jurisdictions around the country explore and implement Community
Court. They have offered to travel to Yakima, at no or very little cost to the City of
Yakima, to study our community and make recommendations on how to best implement
a Community Court. They have the benefit of being an experienced fresh set of eyes to
look at our issues and make recommendations based on their observations and the
resources available in the community.
Each of the Committee members and Captain Greg Copeland, YPD, asked questions
and the information is summarized below. At the end of the meeting, the Public Safety
Committee Members endorsed an effort to move forward and explore what Community
Court would look like in Yakima and the cost of such a program.
Judge Woodard has arranged a site visit of the City of Spokane Community Court for
January 26, 2015 and Council members are invited to attend. I have requested that the
Center for Court Innovations forward their Memorandum of Understanding for review
and consideration. Once they have come to visit, which we anticipate will be early in
2015; I will prepare a proposed plan and budget for Council consideration.
Community Court Concept: Community Court utilizes a collaborative, problem solving
approach to crime designed to address recurring low level crime that is of concern to
the community. Through partnership with numerous government, community and faith -
based organizations, the Community Court Model endeavors to hold defendants
accountable, address factors impacting defendants' criminal behavior, improve the
Memorandum to Honorable Mayor and Members of the City Council
November 10, 2014
Page 2
quality of life in the targeted neighborhood, address victim needs and increase public
confidence in the local criminal justice system. Community Court is part of a growing
movement to address the root cause of so called quality of life crimes that are
committed by chronic offenders.
What is the Difference between Community Court and Specialty Courts (such as drug
court)?: Both types of courts are considered problem solving courts. Specialty courts
focus on serious crimes (felonies), while Community Court focuses on low level repeat
offenses.
Would a Community Court benefit Yakima?: Like many cities around the country, the
City of Yakima has a population of repeat offenders. These individuals commit low
level crime and regularly use police, prosecutor, indigent defense attorney, Court and
jail resources. Cities that implement Community Court typically experience the following
benefits:
• Jail Cost Savings: Jail stays between arraignment and the first hearing are
typically reduced by two weeks for community court participants.
• System Cost Savings: Cost savings are typically realized by faster resolution of
cases, shorter length of jurisdiction, fewer court hearings, less public defense
costs, and lower case load for prosecutors. Also, because the goal is to get an
immediate court date for Community Court participants, fewer hearing are
required for failure to appear in court.
• Improved Public Trust in Courts, Police and Prosecutors: A study done at the
Redhook Community Court Center in New York showed that after the Center
came into existence, residents felt safer and approval ratings increased from
1999 to 2001 as follows: Police -15% to 37%, District Attorneys - 12% to 32%
and courts - 12% to 38%. The perception of the fairness of the justice system
among the offenders also increased.
• Value of Community Service: Community Court participants provide large
numbers of hours of community service, often working shoulder to shoulder with
community volunteers. Neighborhood residents/groups express their
appreciation for the work the Community Court participants accomplish by
cleaning up litter, removing graffiti, planting and caring for trees, assisting with
community gardens and providing services to the homeless.
• Sentencing Alternatives for other Judges: When the community service
coordination is in place, and the resource center is available to provide linkage
with needed social services, judges in courts other than community courts are
able to utilize the sentencing alternative.
Memorandum to Honorable Mayor and Members of the City Council
November 10, 2014
Page 3
• Reduced Rate of Repeat Offenses: In a study of the Seattle Community Court
participants compared to a control group 18 months after completion of the
program, 80% of both groups committed new offenses. Given the extensive
criminal histories of the offenders this was not surprising. However, there was a
67% reduction in the average number of offenses per defendant after community
court as compared to 50% increase in the control group. The conclusion is that
Community Court participants re -offend at significantly lower rates than offenders
who do not participate in a Community Court program.
What would a Community Court look like in Yakima? This question can't be answered
at this time, because the answer depends on many factors. Community Court can look
very different depending on the targeted crimes and the community resources that are
available to meet the needs of the offending population and the community.
What does Community Court look like in Other Communities?
In Spokane, the focus is the downtown community and the police identify eligible
subjects. The officers who patrol downtown receive special training on the Community
Court and they provide the court date and information to the defendant. Court is held in
the downtown public library. When a defendant is sentenced, he/she only has to walk
down the hall to interact with all of the service providers enlisted to provide services
needed to break the cycle of crime for a particular defendant. Spokane wanted to focus
on crimes related to homelessness. A team of homeless service providers are waiting
and available on Community Court days to evaluate and take the actions to get the
defendant into housing, mental health counseling etc.; whatever services the defendant
may need in order to end the cycle of behavior. The sentences typically involve
community service, to be served in the community and participation in the offered social
services.
In contrast, Seattle holds Community Court in one of their courtrooms at the courthouse
but dedicates a calendar to the Community Court defendants. Participants are selected
by the prosecutor. In San Francisco, police also select those who are eligible, provide
court date and encourage defendants to contact court before the court date to get
started. In Portland, police can take homeless subjects to a homeless triage center
immediately and if the defendant participates in the re-entry program, the case is
diverted.
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Thursday, February 20, 2014
NEWS
Community Court shows early success
Posted By Heidi Groover on Thu, Feb 20, 2014 at 6:46 PM
k
Youngatwak
Judge Macy Logan presides over the city's new community court.
Still in its infancy, Spokane's Community Count is showing early positive results. After eight weeks
of court, data is still somewhat premature for the pilot program being led by Municipal Court. But
presiding judge Maly Logan told the city council in a meeting today that the program has seen
"incredible enthusiasm."
"Have we actually moved the needle on some of the downtown core'?" Logan said during today's
meeting. 'We have made an impact, but I cannot say there's been any percentage difference."
Still, the court has seen 115 offenders with as many as 53 people on one docket. Logan has ordered
408 hours of community service, of which 151.2 hours have been completed so far. Considering
housing an offender in jail costs about $135 a day and estimating each of the offenders could have
spent about 10 days in jail for misdemeanor offenses like trespassing, the cost of traditional
sentencing for everyone seen by Community Court would have totaled about $155,250. The
community service hours the court has ordered have cost just $3,802, according to the court. That
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Community Court shows early success I Bloglander 1 The Pacific Northwest Inlander I Ne... Page 2 of 3
means, assuming every offender would have served, time, the system has saved more than $150,000
in just two months. In addition to those seen and sentenced by the court, 50 people with no crimes
have accessed the service providers who partner with the court each week.
Many types of special courts are known to be effective, but they can take time to show significant
reductions in crime because offenders are often dealing with a multitude of issues, like a lack of
housing, substance abuse or mental illness, meaning they may be seen several times by the court
before their behavior is actually transformed. The Spokane Community Court, which is made of a
broad partnership of representatives from municipal court, piobation, Spokane Police and others,
offers nonviolent offenders community service and access to services instead of jail time. It's part
of a growing movement to address root causes of so-called "'quality of life" crimes. We wrote about
the court, which is aimed at nonviolent offenders who commit crimes downtown, here.
Court representatives asked the city council Thursday to help raise public awareness about the
court and encourage people not to give money to panhandlers. That's an effort the council has
already gotten behind, donating about $7,000 to a $20,000 anti -panhandling public awareness
campaign the Downtown Spokane Partnership is expected to launch this spring.
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Spokane Community Court offers chronic offenders another chance - Spokesrnan.com - ... Page 1 of 7
ME SPOKESMAN -REVIEW March 23, 2014
Spokane Community Court offers chronic
offenders another chance
Shawn Vestal
The Spokesman -Review
Tags: Community Court crime criminal justice
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Aubrey Shults sits outside the room
used for Community Court on March 1
at the Spokane Public Library
downtown. The former heroin addict
has been in Community Court for
offenses in the past, and continues to
check with the court to make sure she
is completing assigned tasks.
When Aubrey Shults landed in jail in January, it was the
end of a long, sad slide.
Her longtime boyfriend had left her, and Shults — a drug -
addicted 38 -year-old who has lived on Spokane's
streets since she was 14 — descended into a blizzard
of self-destruction.
"I was trying to kill myself with drugs and prostitution
and not caring," she said, adding in a whisper, "I did so
many risky things."
Along the way, she picked up a ticket for misdemeanor
theft for failing to pay $10 for a cab ride. Shults handled
that her usual way: She ignored it. Her failures to appear in court resulted in an arrest
warrant and finally an arrest. She spent two weeks in the county jail, awaiting trial or a
plea deal, at a cost of $135 a day and with a probable benefit of about zero, for both
Shults and taxpayers.
She was facing 20 to 60 days in jail before her case was diverted to the new Spokane
Community Court, an experimental approach for chronic nonviolent offenders. If she sticks
to her agreement for six months — committing no new crimes, connecting with the services
she needs, showing up regularly for progress checks, and performing community service
— her case will be dismissed.
Like other problem -solving courts, the community court turns the traditional model of
criminal justice on its head by offering as much help as punishment, Instead of
emphasizing an endless cycle of short-term jail sentences, it promotes community service
and intense supervision. It requires defendants to get help with their problem, whether it's
homelessness, addiction treatment, health care — or a sandwich. Instead of issuing stacks
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of failure -to -appear warrants, it tries to build relationships and requirements that bring
offenders back to court regularly and begin to forge community connections.
"People coming into Municipal Court — they are not just visitors to the city of Spokane who
come in off 1-90, commit a crime and leave," said Judge Mary Logan, who presides over
the court. "They live here."
If all we do is repeatedly put them in jail and release them, "What do you suppose
happens when they walk out that door?" she asks.
What happens is what's already happened. Jail costs escalate. The system --- from police
to prosecutors to defense attorneys to probation officials — falls further and further behind
a parade of low-level offenders who are, in effect, trapped in a feedback loop of escalating
punishments that compound but never end. The Community Court, based on successful
programs in other cities, is an attempt to break that loop. The first cases were heard in
December, and the court's effectiveness will be closely measured by a team from
Washington State University. City public defenders, prosecutors, police, probation and
library officials are involved, along with representatives of a wide range of social services
and programs. The population it aims to help -- the homeless, chronic trespassers and
vandals, addicts and the mentally ill — is one that is notoriously difficult to help, and some
of the participants, doubtlessly, will not succeed.
But the early signs are promising. Certain stubborn reoffenders are taking their first steps
toward changing their lives. They are performing community service around the downtown
area, part of the overall strategy of starting to build connection and community.
It's very different from the traditional ideas of crime and punishment.
"It's hard for some people to swallow," said Jacqueline van Wormer, an assistant
professor of criminal justice at Washington State University who is tracking the
court's effectiveness.
She said community courts in other cities have shown promise in reducing jail costs and
cutting the frequency of repeat offenses. And, however well Spokane's court works, it's
clear that repeatedly arresting and jailing and releasing people like Shults has not worked.
"Jail does not change behavior," van Wormer said. On the other hand, "Problem -solving
courts can be very effective in reducing recidivism if they follow the (right) model."
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'Good job! All right!'
It is a Monday in March, and Community Court is in session. You might not recognize it as
court, though. It convenes at the downtown Spokane library, in the first -floor conference
rooms. In one room, social service providers help people apply for housing assistance,
sign up for insurance under the Affordable Care Act, seek treatment for drug or alcohol
addiction, and connect to other services. A local church provides lunch.
In a neighboring room, Logan hears cases, sitting at a table between two flags so new the
creases haven't shaken out. The general pattern is services in the morning and court in
the afternoon, but things run informally. When the bailiff calls "All rise," all do not
necessarily rise. Sometimes, it's because they're sleeping.
Francis Adewale is the primary defense attorney assigned to the court. A native of Nigeria,
he is also a pastor, author, frequent speaker, advocate for refugees and others — and a
kind of charismatic whirlwind, blending an insistent positivity with frankness.
"Did you do some community service for me?" he asks one client he spots in the hallway.
"Yeah," the man answers.
"Good job! All right!" Adewale hugs him, patting him on the back. "I love It! Are you going
to AA?"
The man, Masecio Spice, 43, was facing a charge of trespassing, and not his first. He
described his offense this way: "It was 3 in the morning. Raining out. A little dry spot, and
here come the police."
Spice said he appreciated the chance to try community court.
"This is different," he said. "It's weird. It's in a library. You get handshakes."
Almost all the cases in Community Court involve trespassing, malicious mischief and other
nonviolent "quality of life" crimes. In exchange for an eventual dismissal, defendants agree
to several conditions: performing community service, connecting with the services they
need, regular check -ins at court on Mondays.
Community service is a key part of the mix; Logan said offenders have several options for
helping out downtown, and officials are devising others. They're working to develop ways
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to connect offenders and victims — to have a graffiti tagger clean up the property he
tagged, for example.
In one recent case, the court brought in a barber to meet the young man who had been
charged with theft for skipping out on a haircut. The man, Brandon Pier, has been a
persistent panhandler, scrounger and small-time con man around Spokane; so far through
Community Court he has apologized to the barber face to face, shown up for his hearings,
and been admitted into treatment for his drug addiction.
He's not out of the woods, of course. He must stick with the program for at least six
months. City Prosecutor Adam Papini told Logan, "I'm not going to be too forgiving
yet, Judge."
Still, Logan was excited.
"That is hopeful, hopeful news," she said.
In jeopardy
To sit through a session of Community Court is to gain an appreciation of how incredibly
complicated the problems of deep poverty can be.
One man argued truculently with probation officials, was scolded for doing so, decided he
would take his chances in traditional court, left — and then returned to say he'd changed
his mind. Another showed up in soaking wet shoes, having walked across town in the
snow simply to report that he had met his community service obligations.
"It's really commendable," Logan told him. "It really says a lot that you came back."
A single mother told the judge she was struggling to balance several crises at once — a
custody case over her children, the need to work and a lack of transportation that was
compounded by the fact that she was banned from the STA Plaza over her trespassing
there. How, she asked, was she supposed to start working when she couldn't catch a
bus? Papini asked her to write a letter of apology to STA and bring it the following week; if
she did that, he told her, perhaps he could help her resolve the problem at the Raza.
Another woman needed help balancing the scheduling of community service with her
inpatient drug and alcohol treatment.
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One formerly homeless man who is known as a "frequent flier" in local emergency rooms
had reached a thorny place in his efforts to reform, battling with those trying to help him.
At one point during the hearing, Adewale turned to the man and pleaded, "I'm begging
you. ... You are off the streets. You are in housing now. You can't lose that."
A young man who police say is one of a handful of "taggers" responsible for the majority of
downtown graffiti pleaded guilty to two charges of malicious mischief, and four others were
set aside for now. He would be required to perform community service and get treatment
for his meth addiction. Though the court has a problem -solving, helping approach, the
threat of possible punishment is a part of the mix, too.
Papini said, "I want this young man to feel in jeopardy — in jeopardy of more charges and
jail time."
Adewale and Logan both talked about their hopes that the young man might turn his
artistic talents in a different direction.
"He's come a long way, but there are still a lot of challenges ahead for him," Adewale said.
"He's going to need very heavy hand -holding. This is not going to be easy. The next six
months is probably going to be the hardest of his life."
Keeping track
The approach will certainly not work for everyone. But whether it works overall — helps
break the cycle of repeat offenders, helps lower costs and improve lives — will not always
be an open question.
Van Wormer, the criminology professor at WSU, will be measuring the court's
effectiveness, and she will present a report after the court's first six months, and then
regularly in later installments. She plans to compare the outcomes of defendants in
Community Court who have long records in the traditional court system. But Spokane is
not inventing this wheel — community courts are showing some success in
other communities.
She said certain components are vital: deep collaboration among the different parties,
plenty of community service and interaction on the part of offenders, and a strong judge
who balances toughness and compassion.
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Kathy Knox, the head of the city's public defender's office, was a major proponent of
starting a community court here. She and the attorneys in her office see the
ineffectiveness of the revolving jail door firsthand. They also see the deep, intractable
problems of many chronic low-level offenders that the traditional justice system does not
touch — problems that can make it impossible, or at least very difficult, for them to even
begin to turn their lives around.
One positive early sign is the number of people who are coming to the library on Mondays
who aren't charged with any crime. More than 125 people have come in simply for
"services" — for the one-stop shopping of ways they might get help. And the word
is spreading.
"I think we've got street cred," Knox said with a smile.
Adewale said he has long wanted to see an approach like this one.
"I've been crying out for a program like this for years," he said. "I just love doing this."
That comes through. At the start of a recent court session, Adewale addressed the
defendants and explained the court to them — what it would do for them and what they
would have to do in return.
"You have to be willing to accept the offer," he told them. "You have a choice not to be
part of the Community Court. But if I were you, I would not do that. You will be taken back
into the court system on the other side of the river."
Adewale also emphasized that the defendants are members of the community. He urged
them to accept the responsibility that goes with that.
"It is not only people who are well-to-do who know how to take care of the community,"
he said.
Shults seems to have taken that message to heart.
"We're all part of the community," she said in an interview. "You and me are no different."
She is at the front end of a hard journey. A heroin addict, she is awaiting word on whether
she can get into housing as a first step toward recovery. Through Community Court, she
has taken steps to reapply for Social Security benefits, sign up for health insurance, have
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