Limited Access and Barring Procedure

Transcription

1 Limited Access and Barring Procedure

2 AUTHORIZATION Resolution FFY Resolution FFY GENERAL The Johnson City Housing Authority ( Authority) developments are for the exclusive use and enjoyment of Authority employees, residents and members of their households, resident guests and visitors, and such other persons who have legitimate business on the premises. All other persons will be regarded as trespassers and subject to prosecution as allowed by state or municipal ordinance. Individuals without a specific legitimate purpose are prohibited from being on Authority property. EXCLUSION AND BARMENT Only non-tenants (persons other than those listed on the lease) with a specific legitimate purpose for being on Authority property are permitted on the property. Whether a non-tenant has a specific legitimate purpose to be on any particular Authority property shall be determined by the Authority, as described in the Policy and/or this Procedure. Any person who desires access to any Authority development, including any person located on or in the buildings, walks, ways, grasses, playgrounds, parking lots, drives, and other common areas of any Authority development, may be required by any law enforcement or Authority personnel to identify himself or herself by showing appropriate written identification, and to prove a specific legitimate purpose to be on the development premises. Persons determined to be on Authority property without a specific legitimate purpose are subject to temporary or permanent barment from Authority Property and shall be: Asked to leave the property immediately; Issued a Trespass Warning (see Trespass Warning, Exhibit A); and Verbally warned that future entry to or presence on Authority property shall result in arrest and/or conviction under the Tennessee criminal trespass statute (TN Code Annotated Section ). 1 Resolution revoking all previously adopted Johnson City Housing Authority Limited Access and Barring Policies and adopting a new Limited Access and Barring Policy. 2 Resolution authorizing and adopting a Johnson City Housing Authority Limited Access and Barring Policy.

3 BARMENT NOTICE Barred persons shall be provided written notice of their barment that includes the following: Advising the person that he/she will be trespassing if he/she returns to Authority property. Reasons for denying entry. Time period that the barment is effective Appeal process. Duration of the barment, which shall not exceed an initial period of one (1) year and may be renewed at expiration. TENANT NOTICE If a barred person is a family member, friend, guest, or otherwise is connected with an Authority tenant, the Authority shall provide a copy of the Barment Notice to the affected tenant(s). EMERGENCIES In an emergency or other unusual circumstance, for good cause shown, the Authority s Executive Director, in his/her discretion, may dispense with any or all notice requirements of the Limited Access and Barring Policy. BARMENT LISTS The Authority, in cooperation with the Johnson City Police Department, shall maintain and regularly update a list of persons who have been issued Barment Notices (the Barment List ). The complete Barment List shall be posted conspicuously for public viewing at: the Central Administrative Office, 901 Pardee Street the Community Policing Building, 500 Washington Avenue the Physical Services Building, 215 Legion Street the Johnson City Housing Authority website, You Tube the Johnson City Police Department

4 In addition, the location of postings will be published in each issue of the Resident Reporter and any new names that are added will be published at the same time. TRESPASS COORDINATOR The Trespass Coordinator will be appointed in writing by the Executive Director and will serve at the pleasure of the Executive Director. The Trespass Coordinator is responsible for implementing the Limited Access and Barring Procedure as well as coordinating and overseeing all barring pursuant to the Limited Access and Barring Policy ( Policy ). The Trespass Coordinator, in collaboration with the Community Policing Division and the Johnson City Police Department (JCPD), is also responsible for training all housing managers and other pertinent personnel in the proper implementation of the Policy and Procedure to ensure it is administered uniformly. The Trespass Coordinator shall: Maintain accurate and up-to-date records of all Trespass Warnings, Barment Notices, and Barment Lists. Add names to and purge names from the Barment Lists as appropriate. o Adding Names: Trespass Warning Sheet will be received from the JCPD with the person s information. Upon receipt of the sheet, Trespass Coordinator will add the name to the list. o Removing Names: Names will be removed upon approval of request to be removed from the Barment List. Names will be removed the last day of each month. Appear in court proceedings related to enforcement of said warnings, notices, and lists. Ensure, to the extent practicable, that read only copies of Trespass Warnings, Barment Notices, and Barment Lists are maintained and disseminated among Authority staff and law enforcement authorities via computer, with appropriate confidentiality safeguards in place.

5 Make recommendations to the Executive Director as to updates and/or changes to the Policy. In collaboration with the Executive Director, develop appropriate brochures, flyers, no trespassing signage, and/or other methods to communicate the terms of this Policy to Authority residents and non-residents who enter Authority property. Ensure the above items, including but not limited to the Barment List, are disseminated accordingly. In collaboration with the Admissions and Occupancy Department, ensure persons applying for public housing are not on the Barment List. In collaboration with the Community Policing Division, ensure persons requesting a Johnson City Housing Authority Visitor s Pass are not on the Barment List. Prepare and mail Barment Notices to advise individuals that they have been placed on the Barment List. Mail copies of Barment Notices to applicable parties, including affected tenants. JOHNSON CITY POLICE OFFICERS Johnson City Police Officers may issue Trespass Warnings to the following individuals: 4.1 All persons who are not Authority employees, commissioners, representatives, agents, contractors, and law enforcement officials carrying out official Authority or law enforcement business, and also are not Authority tenants; 4.2. All persons who commit the following acts on or within one (1) mile of Authority property: Assault, battery, arson, robbery, vandalism, malicious destruction of property, disorderly conduct, murder, manslaughter, rape, sexual assault, prostitution and/or the solicitation thereof, abduction, kidnapping, illegal gambling, harassment, stalking, violation of protective, restraining, or peace order, domestic violence, the commission of any crime set forth in TCA Title 39, Chapter 14, Part 405 et seq., the attempt to commit any of the aforementioned crimes, or engaging in any other physical behavior that injures, or threatens to injure, the health of Authority tenants, employees, commissioners, representatives, agents, contractors, any law enforcement official, or other member of the public; Engaging in any illegal behavior involving illegal drugs and/or illegal drug paraphernalia, including, but not limited to, possession and/or distribution of said drugs and/or paraphernalia;

6 Engaging in any illegal behavior involving firearms or other deadly weapon, including, but not limited to unlawful possession, concealment or use of a said firearm or deadly weapon; Public urination, public nuisance, and other disorderly, lewd or lascivious conduct on Authority property; Damaging, destroying, vandalizing, defacing, or otherwise reducing the value of the real and/or personal property of the Authority, its employees, commissioners, representatives, agents, tenants, contractors, any law enforcement official, or other member of the public; Loitering, or otherwise failing to have any legitimate business, on Authority property; Significant littering on Authority property; Engaging in any illegal behavior involving automobiles or other vehicles including, but not limited to, reckless driving, joy riding, destruction, theft, and loud music; Engaging in any gang-related activity, including, but not limited to, grouping, or using hand signals, gestures, and/or clothing to show gang affiliation for the purpose of threatening or intimidating rival gangs, Authority tenants, Authority employees, commissioners, representatives, agents, contractors, and law enforcement officials carrying out official Authority or law enforcement business; Theft of the property of the Authority, its employees, commissioners, representatives, agents, tenants, contractors, any law enforcement official, or other member of the public; A minor child s violation of any local, state, or national curfew; Any other behavior that substantially interferes with the right, comfort, convenience and/or safe and peaceful enjoyment of Authority property by Authority employees, commissioners, representatives, agents, tenants, contractors, any law enforcement official, or other member of the public. Additionally, Police Officers will check the Barment List to see if the person s name appears on the list. A. If the person s name is found on the Barment List, they will be issued a citation for criminal trespass and/or he/she may be arrested for that offense. B. If the person s name is not found on the Barment List, then the police officer will issue a Trespass Warning and advise the individual of the following:

7 1. Reason(s) he/she is being issued a Trespass Warning and being placed on the Barment List. 2. That he/she has five (5) business days to contact the Community Policing Division and set up an appointment to obtain a Request for Removal from the Barment List form to be removed from the Barment List. A copy of the Trespass Warning, along with the incident report, shall be forwarded to the Trespass Coordinator for processing. Arrest for Criminal Trespass: After a Trespass Warning has been issued to any person(s) barred from Authority property, such person(s) subsequently entering or found to be on Authority property will be charged with criminal trespassing. Police officers may rely on reasonably reliable information received by them, including but not limited to arrest reports from and/or conversations with officers of the Johnson City Police Department and other law enforcement agencies, court records, and information received from Authority residents. REQUESTING REMOVAL FROM BARMENT LIST Individuals issued a Trespass Warning and Barment Notice for activities that do not fall under drug related or aggravated type(s) of activities may request in writing to be removed from the Barment List. A. Written Appeal after receipt of a Trespass Warning: Individual(s) must call the Community Policing Division within five (5) business days to set up an appointment to obtain a Request for Removal from the Barment List form to initiate the removal process. 1. Original Request for Removal form must be returned to the Trespass Coordinator by mail and must be postmarked within five (5) business days from the date said form was obtained. a. Hand-delivered and/or photocopied forms will not be accepted. b. Forms should be sent to: Trespass Coordinator, Johnson City Housing Authority, PO Box 59, Johnson City, TN Individual may attach relevant documents and include reason(s) why he/she should not be placed on the Barment List at this time. 3. If the Request for Removal form is not obtained within five (5) business days 3 of being issued the Trespass Warning, and not returned within five (5) business days 3 Mitigating or extenuating circumstances may be taken into consideration (i.e. hospitalization or incarceration of the individual) in granting an extension to the five (5) business day requirement for written appeals.

8 after the form is picked up, individuals will automatically remain on the Barment List for a period of no less than one (1) year. B. Written Appeal after One (1) Year: After one (1) year from the issuance of a Trespass Warning, a person wishing to be removed from the Barment List may do so by making an appointment with the Community Policing Division to obtain a Request for Removal form. 1. Completed Request for Removal form must be sent in writing, postmarked within five (5) business days from date said form was obtained, to: Trespass Coordinator, Johnson City Housing Authority, PO Box 59, Johnson City, TN Individuals filing a Request for Removal form may attach relevant and reasonable documentary evidence, including supporting statements from other persons. 3. If the Request for Removal form is not returned within five (5) business days, individuals will remain on the Barment List for a period of no less than one (1) year. C. Written Appeal for those placed on the initial Barment List: From the date of approval of this Policy and Procedure, anyone currently on the Barment List may apply for removal by making an appointment with the Community Policing Division to obtain the Request for Removal form. 1. Completed Request for Removal form must be sent in writing, postmarked within five (5) business days from date said form was obtained, to: Trespass Coordinator, Johnson City Housing Authority, PO Box 59, Johnson City, TN Individuals filing a Request for Removal form may attach relevant and reasonable documentary evidence, including supporting statements from other persons. 3. If the Request for Removal form is not returned within five (5) business days, individuals will remain on the Barment List for a period of no less than one (1) year. D. The Trespass Coordinator shall consider the request for removal along with other relevant information as necessary to assist in making a decision. This may include, but is not limited to, background information obtained from law enforcement agencies, etc. The Trespass Coordinator may exclude statements and/or information that is irrelevant, immaterial, or unduly repetitious. E. Outdated, Incomplete, Incorrect, or Inaccurate Information. The submission of outdated, incomplete or materially incorrect or inaccurate information in connection with a request for removal shall be the basis for denial of the request without further consideration.

9 F. Written Decision. The decision to approve or deny removal of an individual from the Barment List shall be made in writing. The basis for the decision may be included in the written decision. The Trespass Coordinator will mail the Letter of Decision to the barred individual at the address set forth on the Request for Removal form within ten (10) business days of receipt of the request. G. The decision to uphold the barment of any individual from Authority property shall be made at the sole discretion of the Executive Director or his/her designee (i.e., Trespass Coordinator), based on the circumstances surrounding the barment, a review of the appeal documents (if applicable), and in consultation with appropriate law enforcement personnel. A conviction is not required to support a decision to bar an individual from Authority property. H. An individual will not be removed from the Barment List unless a written appeal has been filed in accordance with the procedure set forth herein and approved in writing (Letter of Decision for Removal from Barment List). ENFORCEMENT DURING REQUEST FOR REMOVAL During the Request for Removal process and prior to a final decision being rendered by the Trespass Coordinator, the barment shall continue to be in effect and any violation of the Trespass Warning during such time shall be a violation of the Tennessee criminal trespass statutes. GROUNDS FOR DENYING REQUESTS FOR REMOVAL FROM BARMENT LIST The Johnson City Housing Authority is not required or obligated to review for removal from the Barment List those persons who meet one or more of the following criteria: A. Have failed to submit a Request for Removal form in accordance with the timeframe listed above. B. Have been on the Barment List for less than one (1) year. C. Do not supply information or documentation required by this process. D. Have furnished false or misleading information related to their removal from the Barment List. E. Have a history of criminal activity involving crimes of physical violence against persons or property and any other criminal activity including drug-related criminal activity that would adversely affect the health, safety, or well-being of the residents or staff or cause damage to the property.

10 F. Have a history of disturbing residents or destroying property. G. Have been charged with Criminal Trespassing on Authority property while on the Barment List. H. Permanent Barment: Individuals who have committed the following crimes may be permanently barred from Authority property: murder, rape, aggravated assault, child molestation, repeated drug activities, repeated violations of federal, state, or municipal laws or Authority rules and regulations. I. Denied for Life: If the person has been convicted of manufacturing or producing methamphetamine (speed) in a public housing development or in a Section 8 assisted property. J. Denied for Life: If the person has a lifetime registration under a State sex offender registration program. DOOR-TO-DOOR SOLICITATION / FLYERS / NOTICES Door-to-door sales solicitations in person, or through the use of notices or flyers is strictly prohibited anywhere on Authority property. If a resident desires to distribute other types of notices or flyers in his/her development, the resident must provide the applicable Director of Property Operations (Northside, Southside) with a copy of the proposed notice or flyer and obtain advance approval. The applicable Director of Property Operations (Northside, Southside) will review the request on a case-by-case basis and either approve or deny the request. If the request is approved by the Director(s) of Property Operations (Northside, Southside), residents may not distribute the notice of flyer before 9 a.m. or after 8 p.m. Under no circumstances may a notice or flyer be left in plain view on a resident s door or unit if a resident of the unit does not want the notice or flyer, is not at home, or declines to answer the door. The resident distributing such notices or flyers must ensure that the notices or flyers do not become litter or otherwise disrupt the peaceful use and enjoyment of the development by other residents.