I am writing today to Mayor Jacobs and
Mayor Dyer, as well as all Orlando and Orange County Commissioners, to propose
a smart, cost saving and practical alternative to the present problem of
revolving-door arrests of the homeless. Typically, these are low-value arrests
for ordinance offenses, minor violations which do not impact public safety.
Offenses such as panhandling, camping, open container and the like are deeply
rooted in the circumstances which cause the homelessness of individuals. The
resulting custodial arrests of these people consume many hours of law
enforcement officers' time, jail bed space, medical resources and court docket
space.
Arrests of homeless people for ordinance
violations compromise the very same resources that would otherwise be applied
to serious felony charges and protecting the community from violent crimes.
However, the real problem with our current system is that the physical arrest
of a destitute person does nothing to improve their circumstances or to solve
their underlying problems causing homelessness, those being mental illness,
unemployment, drug and alcohol abuse or any combination of thereof.
We propose a program where the ordinance
violators are issued a notice to appear, a recognized alternative to a full
custodial arrest. That notice informs the violator that the charge against them
will be dismissed upon their participation in one of the following
rehabilitative steps:
1. A
mental health evaluation
2. Drug
and/or alcohol abuse evaluation
3. Vocational
or housing assistance and rehabilitation
4. Referral
to veterans programs for eligible individuals.
Management of this program, including the referrals,
compliance assessments and any reports of failure to participate will be
administered by the Office of the Public Defender as we are equipped to
identify and address those challenges. We are the singular agency positioned to
work with this population and we have both the ability and infrastructure to do
it well. While there has been a lot of discussion in regard to resolving the
problems of homelessness, this is the first local proposal addressing the
criminal justice component.
A similar program has been operated successfully for
several years in Pinellas County by the Public Defender of the 6th
Judicial Circuit, funded by that County’s Sheriff. The Sheriff, as the operator
of the jail in Pinellas County, understands the high-expense, low rewards
problem of the conventional approach to ordinance arrests of the homeless.
Whether an arrestee is in custody for panhandling or murder, their diabetes,
lung cancer and HIV become the problem of the county that confines them.
I look forward to the opportunity to discuss the nuts and
bolts of our proposed process to address the problems of the homeless in the
justice system using the resources of the Office of the Public Defender. Our
plan offers savings of dollars and time for law enforcement, diminishes the
burden on the jail system and offers many individuals a way up and out of their
current, troubled circumstances. These improvements will depend upon
cooperation between our organizations, but we are all able to cooperate when
the benefits are as clear as they appear.
Sincerely,
Robert
Wesley
Public
Defender, Ninth Judicial Circuit
