Minor non-violent offenses include but are not limited to: simple possession of alcohol, gambling, public
intoxication, disorderly conduct, petty theft and trespassing. Any of these indiscretions has the potential
of landing
someone in jail. In Florida where an
estimated $2.4 billion in the fiscal year of 2010-2011 in prisons, “non-violent offenders account for as
much as seven out of 10 prison admissions.”[1] Florida’s prison population has
more than doubled since 1990.
In attempts to deal with this situation, on October 31, 2012, law enforcement officials in Leon County, Florida, announced that starting in December 2012, they would be the first county in Florida to serve as a pilot program to issue civil citations as an alternative for arresting adults. However, in order for an adult to receive a citation, as opposed to be arrested, the crime committed must be a minor non-violent crime and a first offense.
Once the youth is in the civil citation program, the child
will then have to fulfill certain requirements including: (1) undergo assessment, (2) complete a certain
amount of community service hours, (3) participate in intervention services that
treat underlying cause of their crime, and (4) fulfill other sanctions such as
payment for damages incurred, or a letter of apology to the victim. If the child fulfills all of the requirements
he will not have an arrest record.
The program in place for juveniles has several benefits for
the offender including: no arrest and
addressing the underlying issue of the crime. Additionally, there are benefits to the community
as a whole. For one, addressing the underlying causes of a
crime reduces its re-occurrence in the future. Additionally, it is cost-effective and frees
up resources and funds. In 2010, it
was estimated that processing a child through the system would cost $5000
versus $386 for the cost of a civil citation. Civil citations for first time misdemeanor offenders
was estimated to save Florida Taxpayers $157,849,554 in one year alone.[3]
The adult civil citations programs would be similar although
it would not be currently backed by a Florida Statute as it is currently in a
pilot phase. The first time offending adult
who committed a minor non-violent crime would:
(1)
undergo assessment, (2) complete a certain amount of community service hours,
(3) participate in intervention services that treat underlying cause of their
crime, and (4) fulfill other sanctions such as payment for damages. Additionally, the adult receiving the
citation would be in charge of paying all the costs of the program and if
successfully completed would have no criminal record.[4] Similarly to juveniles,
who receives a citation and who gets arrested for minor offenses will remain
discretionary on the law enforcement officer.
The benefits that could result from this program are readily
apparent and similar to those for the Juvenile Civil Citation Program. Similar benefits include: freeing up resources, reducing costs of
processing, avoiding costs, and reducing recidivism. The Florida Department of Juvenile Justice reported that in
“2009-2010, roughly 7,000 young people statewide went through the civil
citation process, with just 7 percent re-offending. In comparison, one-third of adults released
from Florida prisons re-offend within three years.”[5] Leon county and
proponents of this program hope that these numbers will carry over to the adult
population. Although the benefit
for the community will be the same, there would be additional benefits for the
first time offender from avoiding having a criminal record.
There are some who might oppose this program but there are several
additional points to consider. The point
of the system in place is not only to punish people for their crimes but also
to prevent future crimes. Implementing
this program would allow for the offender to be punished by way of fulfilling
the necessary requirements and could serve to mitigate future crimes as it does
in the Juvenile Civil Citation program. It
is also important to reiterate that this program is meant only for first-time
offenders and so if a person commits a second offense they can be jailed for
that.
Additionally, The Florida Smart Justice Council stated that in 2011, 33 percent
of non-violent drug offenders repeat within three years. However, 82 percent of those who complete
community drug treatment successfully avoid re-offending within three years. “[1] The fact that the
offender must address through intervention services the underlying issue of
their crime is helpful in mitigating future crimes. It is not necessary for the first time
offender to be sent to prison in order to “learn their lesson.”
Elizabeth Rivera
Blogger, Criminal
Law Brief
[2] http://www.flsenate.gov/Laws/Statutes/2012/985.12
[3] http://www.djj.state.fl.us/docs/partners-providers-staff/civil-citation-implementation-guide.pdf?sfvrsn=2
[4] http://smartjusticealliance.org/2012/10/31/florida-smart-justice-alliance-unveils-historic-agreement-for-adult-civil-citations/
[5] http://smartjusticealliance.org/2012/11/02/tallahassee-plans-citations-as-arrest-alternative-2/
From a purely economic perspective, this is appealing since it keeps transaction costs down for the police and defendant. However, with reduced costs will police issue more citations than arrests? It would seem this invites police to issue citations liberally, which in full custodial arrest is not practical. It will be interesting to see how it works out with adults.
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