The True Cost of Justice in Marion County

The True Cost of Justice in Marion County

INTRODUCTION The purpose of this study was to gather data on the Marion County justice system and identify, if possible, new ways of solving problems within the system. Although there is much focus on the financial aspects of the system and the dollar cost savings that may be realized from some of the suggested solutions, the case studies contained in the report also identify the enormous social costs to both participants and the general citizenry of Marion County that result from existing policies and procedures.

At any given time approximately 1,500 individuals are housed in the Marion County Jail, approximately twice the population housed in the Lake County Jail. (Lake County is the most demographically comparable to Marion County within the Fifth Judicial Circuit).

Of those 1,500 individuals in the jail at any given time, almost 80% have been there before.

Within the inmate population, 60% were on some sort of medication. 55 inmates were responsible for almost 40% of the total medication costs due to HIV infections. 30% of the population was on psychotropic medications for mental health issues.

An Ocala Police Officer spends, on average, approximately 1.5 hours out of front line patrol duty to arrest, transport and complete the paperwork necessary to admit an individual into the Marion County Jail. Due to the size of the County and the expanded patrol areas, the average time for a Marion County Sherriff s Office Deputy to perform the same function is approximately 2.5 to 3 hours.

Police officers report that responding to mental disturbance calls create a significant burden on their departments.

All violation of probation warrants, even for technical violations, are issued on a no bond basis which requires arrest and confinement.

Most Marion County judges do not authorize other judge s to either change the bond requirements on warrants signed by them, or accept pleas for defendants on their docket. More flexible policies are in place in most Florida counties.

The average costs of an inmate in the Marion County Jail exclusive of medical costs are approximately $51.00 per day.

The total cost to run the jail for the 2012 2013 fiscal year was $28,980,831.83.

Marion County sends more people to prison on a per capita basis than any other county in the state and has an incarceration rate of 1.5 times the state average.

The average length of stay for a person charged with a felony in Marion County jail is 27 days longer (70%) than Lake County.

The most common crimes for which arrestees were booked into Marion County during 2013 were possession of drugs and possession of drug paraphernalia ( both felony and misdemeanor); theft; burglary; driving while license suspended; and driving under the influence, (54%) all of which are considered non-violent.

28% of all people with serious mental illness are likely to be arrested. The majority of these arrests are for non-violent charges like crimes against the public order or property offenses. Many experience repeat arrests.

Three Recommended Goals 1) Keep as many people out of the formal justice system as practical without compromising community safety. 2) Of those within the formal justice system, use the least intensive (expensive) supervision possible without compromising community safety and move those people through the system in the most efficient manner. 3) Create and implement strategies to prevent the people who have been in the justice system from returning to the formal system as a result of reoffending.

Solution: Pre-arrest diversion Create options other than formal arrest for patrol law enforcement officers to manage individuals who have mental health issues. An obstacle to implementation is cost of $500,000 to contract third party to run center that would assess, treat and refer offenders to services. Anticipated savings in arrest, processing and incarceration is $4,925,601.

Solution: Civil Citations and Notice to Appear Both Civil Citation and Notice to Appear programs are designed to divert people from the criminal justice system or expedite their processing within the system. The Civil Citation program focuses on people who have committed low level, non-violent offenses or are first time offenders. The program avoids the creation of an arrest record and saves significant patrol officer time. The Notice to Appear program is already in limited use in Marion County. The program technically qualifies as an arrest, rather then being booked in jail, defendants are required to appear in Court. The program saves significant patrol officer time.

Solution: Special administration for high cost inmates Almost all government and private medical insurance benefits terminate once an individual is incarcerated. These costs are then covered by local tax revenues budgeted to the Sheriff s Office Medical Budget. This program is designed to create an ongoing review of alternative supervision techniques such as ankle monitors for individuals that otherwise would be housed in the county jail. This an attempt to reduce the financial impact of these individuals on the medical budget of the Sherriff s Office.

Solution: Improved Judicial Administration Program would focus primarily on administrative techniques that have been demonstrated in other jurisdictions to reduce jail time, and make the best use of alternative court programs with a standardization of procedures. Formation of a rocket docket for plea acceptance hearings would dispose of cases where pleas has been negotiated. Recommended better use of the Veteran s court and Felony Drug Court by changing the qualification criteria as used in most other jurisdictions thereby expanding the use of these court alternatives. Suggesting a review of sentencing policy, VOP arrest warrant policies, and expanded judicial authority to accept pleas and alter bonds originally established in warrants is strongly suggested.

Solution: Inmate transition program Based on the success of this program in Duval County the study group recommends its implementation. The program assesses incarcerated individuals nearing release and works with them through a transition plan that begins before their release. Plans are based on education, rehabilitation services and on-going connections to services after release. Program could reduce the Marion County jail population by 40% resulting in cost savings approaching 10,000,000 per year.

THE CHALLENGE Ultimately, full implementation of some of the most impactful suggestions (jail and prison to community transition and pre-arrest diversion programs) will require courageous steps involving fundamental policy changes. They will require significant investment by local government in an effort to better our community as a whole. It is hoped that this study provides a rational foundation for those policy changes.

THE GOOD NEWS There are good signs that some of the effort by stakeholders is now directed to study group suggestions. The inmate review program is already in place; local law enforcement has embraced the civil citation program and is working on details for implementation; law enforcement is also committed to an expanded FTA program; and a misdemeanor drug court program has been started that embraces proven methodologies such as frequent court contact.

CONCLUSION Marion County s justice system is governed, in large part, by policies and decisions made by duly elected local government officials and constitutional officers. The system improvements suggested by the study team are largely aimed at the implementation of more efficient practices. The Study group recognizes that implementation of some of the recommendations involve significant policy changes. It is hoped that the study s frank assessment will provide a catalyst for a reexamination of some of those policies and procedures.