HomeMy WebLinkAboutResolution 2009-46RESOLUTION NO. 2009 -46
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, ADDRESSING THE RECENT TREND OF
INCREASING VIOLENT CRIMINAL OFFENSES ACROSS
BREVARD COUNTY; ACKNOWLEDGING THAT A VAST
MAJORITY OF CRIMES ARE COMMITTED BY A RELATIVELY
SMALL NUMBER OF LOCAL OFFENDERS WITH LONG
HISTORIES OF CRIME AND ARREST; SUPPORTING LAW
ENFORCEMENT CONCERNS REGARDING LACK OF
PROSECUTION AND REGRESSIVE SENTENCING OF REPEAT
OFFENDERS; EXPRESSING SUPPORT FOR PRACTICAL AND
PROVEN METHODS THAT CAN AND WILL POSITIVELY IMPACT
THE ESCALATION OF VIOLENT CRIME IN BREVARD COUNTY;
SUPPORTING THE CREATION OF A COUNTY -WIDE "CRIMINAL
JUSTICE ADVISORY COMMISSION" BY THE BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS TO PROVIDE
RECOMMENDED SOLUTIONS TO THE COUNTY COMMISSION
AND PUBLISH A TIMELY REPORT TO THE POPULATION AT-
LARGE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 27, 2909, numerous law enforcement agencies in
Brevard County, participated in a presentation to the Brevard County Board of County
Commissioners regarding the deficiencies of the criminal justice system's response to
violent crime, and
WHEREAS, there has been a recent trend of increasing violent offenses across
Brevard County, several resulting in murders, that necessitate prompt action by the
entire criminal justice system and the community -at- large, and
WHEREAS, there are several well recognized assumptions regarding criminal
behavior, to include a small number of local offenders commit the vast majority of
crimes. These offenders are easy to identify using reports of crime and arrest histories.
Most crimes are committed by local offenders who have long histories of engaging in
criminal behavior as both juveniles and adults, and
City of Cape Canaveral, Florida
Resolution No. 2009 -40
Page 2 of 5
WHEREAS, all law enforcement agencies across Brevard County cite numerous
examples and report historical experience that verify the reality of these assumptions
and regarding consistent results re ardin lack of prosecution and regressive sentencing of repeat
offenders that has resulted in the "proverbial revolving door ", and
WHERE ,
AS much of the violent crime experienced in Cape Canaveral, Brevard
County,
and across the State of Florida, is related to drugs, the profit related to drug
,
dealing,
and alcohol abuse a fact supported by the Department of Justice "ADAMs
(Arrestee Drug Abuse Monitoring Program) STUDIES", and
WHEREAS there is a lack of alternative resources for persons suffering violence
,
from
mental illness substance abuse - addiction, and dysfunctional abusive
relationships, and
WHEREAS most of these repeat offenders have not suffered prosecution, are
o jail ften released from with little or no bond required, adjudication of guilt is often
withheld, repeat offenders are placed on probation despite engaging in a history of
p
repetitive violent acts, and
WHEREAS the repetitive nature and recidivism rate of sex offenders and
predators is well documented and presents a substantial risk to children and venerable
adults, and
WHEREAS there have been reductions in budgeted funds by State and Local
government that impact effective and meaningful punishment for criminal behavior, and
WHEREAS, the global law enforcement experience has determined there are
p practical and proven measures that can and will positively impact the escalation of
City of Cape Canaveral, Florida
Resolution No. 2009 -46
Page 3 of 5
violent crime ' through the use of swift and sure punitive action not inconsistent with
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constitutional and statutory protections, and
WHEREAS, in order to stern the tide of repetitive criminal acts, intervention focus
at first time or y outhful offenders must become a priority focus of the criminal justice
system both here in Brevard County and throughout the United States.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1, The City Council hereby supports the collective recommendations
presented at the Brevard County Board of county commissioners' meeting on
October 27, 2009, as follows:
a. There must be adjudication in all gun and violent crimes with few or no
}
exce tions which are based on good meaningful justification and not as a routine
exceptions,
process.
b. Support for State legislation to properly fund increased prosecutor and felony
PP le g
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probation and parole staffing levels and encourage local funding or at least progress to
assist these components such as prescribed by the State Attorney Norm Wolfinger in
his presentation.
c. Establish a Citizen Judicial Watch Committee made up of volunteers who will
monitor trials and other judicial assemblies such as sentencing, intake, and bond
hearings.
d. Establish a review system where prosecutors and law enforcement meet to
discuss all "no file" cases as a tool to improve communication, case assessment, and
training.
City of Cape Canaveral, Florida
Resolution No. 2000 -40
Page 4 of 5
e. judicial Im rove assessment at initial appearance hearings specifically by
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providing the judges with the criminal histories pri p g or to setting bond or allowing release.
f. Create an early warning systemic process involving all components of the
criminal (law ustice entities j enforcement, prosecutors, judges, corrections) that
effectively monitor criminal histories to identify repeat offenders from the local
population early. The purpose of this process is to focus on each identifiable top
p Y p ur p
offender from each community to avoid non - filing.
SECTION 2. The Cape Canaveral City Council advocates the formulation of a
County Criminal Justice Advisory Commission to be appointed by the Brevard
Coun ty Board of coup commissioners. This Commission is to be charged with
County
examining the issues and recommendations heretofore mentioned and publish a timely
report to the community at- large. This Advisory Commission should incorporate
stakeholders from all aspects of the Criminal Justice System, to particularly include
victims of violent crime and family members of homicide victims, the ultimate
stakeholders. The Cape Canaveral City Council also advocates, at minimum,
participation Y a cross artici ation b representation of local law enforcement, the Sheriffs Detention
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Center staff, the State Attorney's Office, County and Circuit Judiciary, Sheriffs office,
Department of Corrections Office of Probation and Parole and the Florida Department of
Law Enforcement.
SECTION 3 . A copy of this resolution is to be delivered to each member of the
Brevard County Board of County Commissioners, the Mayor and Chief of Police of each
Brevard County municipality, the Brevard County Sheriff, the chief Judge and all
Judges of the Eighteenth Circuit Court, the State Attorney of the Eighteenth Circuit
9 9
City of Cape Canaveral, Florida
Resolution No. 2009 -46
Page 5 of 5
Court the Public defender of the Eighteenth Circuit Court, and the Brevard County
Legislative Delegation.
ADOPTED BY } the City of Cape Canaveral City Council this 1st day of December,
2909.
N oe
oco
I ell
3 ati _ f
- -• r' ' r ' •i-
Rocky Randels, Mayor
ATTEST~
Angela M "City Clerk
Name
Robert Hoog
Buzz Petsos
Rocky Randels
For Against
x
x
x
Shannon Roberts Second
Betty Walsh Motion
Approved as to Form:
Anthony A. Garganese, City Attorney