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>> MCKEE-RODRIGUEZ: GOOD AFTERNOON, EVERYONE. THE TIME IS 2:05 WE'LL CALL OUR MEETING TO ORDER. MADAM CLERK, WILL YOU
PLEASE READ THE ROLL? >> CLERK:
>> MCKEE-RODRIGUEZ: THANK YOU SO MUCH. WE HAVE A RELATIVELY SHORT AGENDA. WE'RE GOING TO START OFF WITH THE MINUTES OF THE JUNE 21ST, 2024 MEETING. I'LL ENTERTAIN A MOTION FOR THEIR APPRO L.
>> SO MOVED. >> SECOND. MOTIONED AND SECONDED.
ALL IN FAVOR, AYE. (AYES.) PASSES UNANIMOUSLY.
WE'LL BRING ON TO NUMBER TWO, THE FLOOR IS YOURS. >> COUNCILMAN, CAN I JUST GET SOME CLARIFICATION BEFORE I BEGIN. ONCE WE'RE DONE, SHOULD WE JUST TURN IT OVER TO THE CITY PROSECUTOR'S OFFICE BEFORE WE OPEN IT UP TO ANY QUESTIONS. I BELIEVE THEY'RE ALSO MAKING A PRESENTATION
THIS AFTERNOON. >> MCKEE-RODRIGUEZ: YEAH, LET'S DO THAT.
>> OKAY. GOOD AFTERNOON, I AM CARLA OBLEDO.
I'M THE PRESIDING JUDGE OF THE SAN ANTONIO MUNICIPAL COURT.
THANK YOU FOR THE OPPORTUNITY TO DISCUSS THE COURT OOS TEEN COURT PROGRAM WITH YOU. THE TEEN COURT IS A VOLUNTARY DIVERSION NARY PROGRAM FOR TEENS WHO ARE SUMMONED TO COURT FOR CLASS C FINE ONLY M MISDEMEANORS. WE HAVE BEEN OPERATING A TEEN COURT FOR ABOUT 20 TO 25 YEARS. I'M NOT SURE EXACTLY HOW LONG, BUT I KNOW IT'S BEEN IN EXISTENCE FOR ABOUT 20 TO 25 YEARS. WE DO PARTNER WITH THE STUDENTS FROM ST. MARY'S UNIVERSITY SCHOOL OF LAW AND JUST RECENTLY THE CITY PROSECUTORS HAVE BEEN ASSISTING WITH TRAINING NOW THAT WE'RE OPERATING THE TEEN COURT YEAR ROUND. PARENTS AND/OR GUARDIANS MUST APPEAR IN COURT WITH THE TEEN, AND ONCE THE TEEN PLEADS GUILTY OR NO CONTEST TO THE OFFENSE TO WHICH THEY HAVE BEEN CHARGED, THE JUDGE EVALUATES THEM BASE ON THEIR AGE, GRADE LEVEL, MATURITY AND OFFENSE TO SEE IF THEY WOULD BE A GOOD CANDIDATE TO PARTICIPATE IN THE TEEN COURT PROGRAM. ENROLLMENT USUALLY INCLUDES ABOUT A 30-MINUTE INTERVIEW WITH A [INDISCERNIBLE] CASE MANAGER, AND ONCE THAT IS COMPLETE, THEN A COURT DATE IS SET AND THE TEEN DEFENDANT, ALONG WITH THE PARENT OR GUARDIAN, MUST APPEAR WITH THE TEEN ON THE COURT DATE ONCE THAT IS SET. I'M GOING TO HAND IT OVER NOW TO OUR SENIOR JUVENILE CASE MANAGER, KATIE CLAPPER, WHO WILL TAKE IT FROM HERE.
THANK YOU. . >> HE, GOOD AFTERNOON.
MY NAME IS KATIE CLAPPER AND I'M A SENIOR JUVENILE CASE MANAGER, I'M AT THE MUNICIPAL COURT AND I HELP WITH THE TEEN COURT PROGRAM.
ONCE THE DEFENDANT'S CASE COMES THROUGH TEEN COURT, WE PROCESS IT IN ONE OF TWO DAYS. WAYS, TRIAL OR ARBITRATION. ARBITRATION IS ESSENTIALLY A JURY PANEL WHERE THE JURORS READ THE POLICE RO REPORT.
THEY WORK TOGETHER TO ASK QUESTIONS, THEY DELIBERATE AND COME UP WITH A UNANIMOUS DECISION FOR THE SENTENCE. NEW TRIALS, THAT IS SET UP LIKE A MOCK TRIAL FASHION. THE VOLUNTEERS SERVE AS A JUDGE, PROSECUTOR, DEFENSE ATTORNEY, JURORS AND BAILIFF.
I WOULD LIKE TO ADD THAT THIS YEAR WE'RE ALSO CREATING A NEW POSITION, WHICH IS A CLERK POSITION THAT IS FOR VOLUNTEERS WHO ARE SPREED IN THE AD -- INTERESTED IN THE ADMINISTRATIVE SIDE OF THE COURTROOM, WORKING WITH FAMILIES. WE'RE EXCITED ABOUT THIS POSITION BECAUSE AS FAR AS I KNOW, I DON'T KNOW ANY OTHER TEEN COURTS MENTIONED THAT THEY'VE HAD THIS POSITION, SO WE'RE EXCITED TO IMPLEMENT THAT.
OUR VOLUNTEERS RECEIVE TRAINING FROM THE MUNICIPAL COURT STAFF AND OUR PARTNERSHIP WITH THE LAW STUDENTS FROM ST. MARY'S, AS WELL AS THE CITY ATTORNEY'S OFFICE. I ALSO WANT TO TAKE A MOMENT TO ADDRESS A COUPLE OF NEW THINGS, POSITIVE CHANGES THAT WE'RE LOOKING AT IMPLEMENTING THIS YEAR. OUR TEEN COURT STAFF ARE CURRENTLY REACHING OUT TO SEVERAL SCHOOL DISTRICTS THAT WE OFTEN DON'T SEE VOLUNTEERS PARTICIPATE IN TEEN COURT FROM. WE'VE ALREADY DONE SOME PRESENTATIONS TO KIND OF OFFER THAT OPPORTUNITY FOR VOLUNTEERS TO JOIN, AND WE'RE STILL WAITING TO HEAR FROM A COUPLE OTHER DISTRICTS AND PREPARED TO DO PRESENTATIONS THERE AS WELL. WE'RE ALSO ACTIVELY LOOKING FOR OPPORTUNITIES TO KEEP OUR VOLUNTEERS ENGAGED.
IN RETURN, WE WANT TO REALLY BUILD A SOLID TEAM THAT MAKE THE VOLUNTEERS WANT TO KEEP COMING BACK. WE'RE IMPLEMENTING SOME
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LEADERSHIP ROLES INTO THE PROGRAM, AS WELL AS ASKING THEIR INPUT ON WHAT THEY WOULD LIKE TO SEE OUT OF TEEN COURT. AND WE ARE SET UP TO HELD ONE SESSION AT ST. MARY'S IN THE SPRING, AND THE LAW SCHOOL OFFERED TO GIVE OUR VOLUNTEERS A TOUR OF THE LAW SCHOOL AS WELL.HOW ARE THE TEEN SENTENCED? WE DO BELIEVE THAT ONE OF THE BENEFITS OF HAVING A DEFENDANT'S CASE PROCESS THROUGH TEEN COURT IS THE THOUGHTFUL PROCESS THAT OUR VOLUNTEERS AND PARTICIPANTS GO THROUGH TO NOT ONLY BETTER UNDERSTAND THE DEFENDANT, BUT UNDERSTAND THEIR FAMILY'S DYNAMIC AND THEIR INDIVIDUAL NEEDS. AND THEN THEY WORK TO TRY TO FIND THOSE UNDERLYING ISSUES AND ASSIGN AN INDIVIDUALIZED SENTENCE THAT -- WHERE THE CONSEQUENCE AIM TO HELP THE DEFENDANT COME OUT BETTER, RATHER THAN JUST PUNISH THEM. THE DEFENDANT'S CONSEQUENCES CAN INCLUDE COMMUNITY SERVICE HOURS, CLASSES, EDUCATIONAL ESSAYS, LETTERS OF APOLOGY, TUTORING AND ATTENDANCE TRACKING, AND WE ASK ALMOST ALL OF OUR DEFENDANTS TO COME BACK AND PARTICIPATE IN TEEN COURT AND ACTUALLY HEAR OTHER KIDS' CASES IF THEY'RE ABLE TO.
AND THANK YOU. I'M GOING TO TURN IT OVER TO JUDGE CHAVARRIA.
>> GOOD AFTERNOON, I'M CLARISSA CHAVARRIA, ONE OF YOUR MUNICIPAL COURT JUDGES AND I'M GOING TO PRESENT ON HOW A CHARGE IS DISMISSED.
SO MOST OF OUR CASES ARE SUCCESSFUL ONCE THEY ARE THROUGH TEEN COURT.
ONCE THEY ARE PRESENTED TO ME FOR DISMISSAL, THE CASE IS ACTUALLY JUST CLOSED AND DISMISSED. SO AFTER 90 DAYS OF TIME FOR THE CHILD OR THE STUDENT TO COMPLETE THEIR REQUIREMENTS, I GET A NOTIFICATION THAT THE CASE IS READY, AND IT IS DISMISSED. AND IN MOST CASES, THESE CASES ARE ELIGIBLE FOR EXPUNGES SHUN. IN THE MEANTIME, THESE ARE CONFIDENTIAL RECORDS BECAUSE THEY'RE JUVENILE OFFENSES.
MOST OFTEN THE CASES ARE DISMISSED SUCCESSFULLY. IF WE HAVE SOME KIDS THAT HAVE NOT COMPLETED THEIR REQUIREMENTS, THEN WE SET THEM FOR WHAT IS CALLED A SHOW-CAUSE HEARING. THAT'S -- THEY HAVE TO SHOW GOOD CAUSE AS TO WHY THEY COULDN'T COMPLY. IT'S A SEPARATE HEARING, A SEPARATE NOTIFICATION, AND DEPENDING ON THE OUTCOME OFE THAT HEARING, THEY MAY END UP WITH MORE TIME TO COMPLY, A CONVICTION OR, AGAIN, HOPEFULLY A DISMISSAL.
AND HERE ARE SOME OF THE BENEFITS OF TEEN COURT. NOW, YOU CAN READ THE BULLET POINTS, BUT I WANT TO EMPHASIZE THAT THESE KIDS ARE PRESENTED WITH -- TO COURT WITH CLASS C MISDEMEANORS. THEY'RE BEING CHARGED WITH CLASS C MISDEMEANOR WHICH ARE FINE-ONLY OFFENSES, THAT MEANS THEY'RE NOT BY LAW ENTITLED TO A COURT APPOINTED ATTORNEY.
MOST OFTEN WE'LL GET KIDS THERE ON THEFT, DISORDERLY CONDUCT, ASSAULT CHARGES THAT THEY WANT TO DISPUTE BECAUSE THEY SEE THAT MAYBE IT WASN'T SO FAIR THAT THEY GOT THE TICKET OR THEY GOT THE CHARGE, OR MAYBE THEY HAD A DEFENSE. AND SO WHEN WE GO INTO KOW COURT, WE TELL THEM LEGALLY WHAT THEIR RIGHTS ARE AND THE DIFFERENT TYPES OF PLEAS, BUT IT'S VERY DIFFICULT SOMETIMES FOR THEM TO COMPREHEND IN THE LITTLE TIME THAT THEY'RE THERE, WHAT'S THE DIFFERENCE BETWEEN GUILTY, NOT GUILTY AND NO CONTEST. AND SO I FEEL SOMETIMES WHEN WE HAVE A KID THAT JUST DOES NOT WANT TO GO THROUGH THE PROCESS OF HIRING THEIR OWN ATTORNEY OR GOING THROUGH A FORMAL COURT PROCESS, THEY WANT TO ENTER A PLEA OF NO CONTEST BUT TEEN COURT BENEFITS THEM IN THE WAY THAT IT KIND OF VALIDATES THEIR POSITION. IT GIVES THEM AN OPPORTUNITY TO VOICE THEIR POSITION ON WHAT HAPPENED, GIVES THEM A VOICE IN THE PROCESS.
AND IN THE END, EMPOWERS THEM IN COMPLETING. I THINK THAT'S WHY WE HAVE MOST SUCCESSFUL TEEN COURT CASES BECAUSE THEY'RE EMPOWERED, THEY'RE PART OF THE PROCESS, THEY'VE BROUGHT BOUGHT INTO IT, THEY UNDERSTAND NOW AND T I GOT TO HAVE MY SAY. WE DO GET A LOT OF FEEDBACK FROM THOSE KIDDOS AN ALSO THE PARENTS WHO GET TO SEE THE PROCESS MOVE FORWARD. THAT ACTUALLY CONCLUDES OUR PORTION OF OUR TEEN COURT PRESENTATION. I THINK WE WANT TO RESERVE QUESTIONS FOR LATER, IS THAT CORRECT? ALL RIGHT.
THANK YOU. I'M GOING TO PASS THIS OVER TO THE CITY
ATTORNEY'S OFFICE WHO HAS THEIR PRESENTATION. >> MCKEE-RODRIGUEZ: THANK
YOU. >> GOOD AFTERNOON, ASSISTANT CITY ATTORNEY'S IN THE CITY ATTORNEY'S OFFICE. SO AT THIS POINT YOU'VE HAD A GLIMPSE OF, YOU KNOW, ABOUT WHAT MUNICIPAL COURT DOES, BUT NOW WE'LL GO OVER GENERAL OVERVIEW OF WHAT WE AS PROSECUTION DIVISION OF THE CITY ATTORNEY'S OFFICE DOES WITHIN THE MUNICIPAL COURT, AND THIS IS A LIFE CYCLE OF A TICKET FROM TRAFFIC TICKETS TO SPECIFIC SPECIALTY COURTS. NOW, WE DO GET THOUSANDS OF TICKETS THROUGH
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MUNICIPAL COURT AND THE PROSECUTION DOES DEAL WITH A LARGE PORTION OF THAT. GENERALLY, THE VIOLATIONS HERE GO THROUGH THE SAME KIND OF PROCESS, BUT, AGAIN, WHEN IT COMES TO SPECIALTY COURTS, THERE ARE SPECIFIC PROCESSES THAT DO DIFFER. SO ESSENTIALLY WHAT'S GOING TOP HA, I'M GOING TO EXPLAIN TO YOU WHAT A NORMAL TRAFFIC CITATION LOOKS LIKE, AND THEN WE'LL GET INTO HOW THAT DIFFERS WHEN IT COMES TO SPECIALTY COURTS AS AN ASSAULT OR JUVENILE OR ANIMAL CASES.SO FIRST THINGS FIRST, WHAT A TICKET IS, IT IS A CLASS C MISDEMEANOR, CRIMINAL CASE, PUNISHABLE BY FINE ONLY AND THERE'S NO POSSIBILITY OF JAIL.
NOW, THE DEFENDANT IS AFFORDED ALL RIGHTS, ANY CRIMINAL DEFENDANT ENJOYS INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY. THE DEFENDANT HAS A RIGHT TO AN ATTORNEY, BUT NOT A COURT-APPOINTED ATTORNEY.
AGAIN, THE REASON FOR THAT IS THE DEFENDANT IS NOT FACING JAIL TIME, MEANING THEIR LIBERTY IS NOT AT STAKE, THEREFORE THE COURT DOES NOT PROVIDE AN ATTORNEY. THESE CASES ARE GOVERNED BY CHAPTER 45 OF THE CODE OF CRIMINAL PROCEDURE. THIS CHAPTER IS TITLED JUSTICE MUNICIPAL COURTS, SO IT GOVERNS ANY PROCEDURES THAT ARE SPECIFIC TO MUNICIPAL COURT THAT MAY NOT APPLY TO HIGHER LEVEL COURTS. YOU KNOW, AN EXAMPLE OF THIS IS THE CHARGING INSTRUMENT IS MUNICIPAL COURT IS COMPLAINT AS OPPOSED TO AN INDICTMENT IN HIGHER LEVEL COURTS, RIGHT? SO CHAPTER 45, AGAIN, IT REALLY COVERS EVERYTHING THAT GOES ON IN MUNICIPAL COURT THAT DOESN'T NECESSARILY APPLY TO HIGHER LEVEL COURTS.
NEXT THESE ARE THE TYPES OF CASES HANDLED IN MUNICIPAL COURT.
IT'S A NONEXHAUSTIVE LIST, BUT ESSENTIALLY TRAFFIC VIOLATIONS, ASSAULTS, FAMILY VIOLENCE AND NONFAMILY VIOLENCE, CODE VIOLATIONS, ANIMAL CARE SERVICES, INCLUDING DANGEROUS DOG APPEALS, SERIOUS BODILY INJURY MATTERS, JUVENILE, OF COURSE, AND ANY OTHER CLASS C COVERED IN THE PENAL CODE AND THE CITY ORD NARNS OF SAN ANTONIO.
IT'S IMPORTANT TO NOTE, AS YOU CAN SEE, NOT ALL OF THE MATTERS HANDLED IN MUNICIPAL COURT ARE CRIMINAL MATTERS. SOME OF THEM ARE CIVIL IN NATURE, TAKE, FOR EXAMPLE, THE SERIOUS BODILY INJURY MATTERS THAT ARE TAKEN CARE OF BY THE ANIMAL UNIT. THOSE ARE CIVIL IN NATURE, BUT STILL THE PROSECUTION DOES DEAL WITH THEM.
SO WE DEAL WITH BOTH SIDES OF THE LAW WHEN IT COMES TO CERTAIN THINGS THAT COME THROUGH MUNICIPAL COURT. NOW, HOW DOES IT ALL BEGIN? OF COURSE, OFFICER WITNESSES VIOLATION, THIS CAN BE NOT ONLY A POLICE OFFICER, BUT IT COULD BE A CODE OFFICER, ANIMAL CARE SERVICES OFFICER OR ANY OTHER CITY EMPLOYEE LICENSED AND AUTHORIZED TO WRITE THE TICKETS. OF COURSE, WHENEVER THEY SEE A VIOLATION BASED ON PROBABLE CAUSE OBSERVED BY THE OFFICER. THE OFFICER THEN WRITES A TICKET AND HANDS A COPY TO THE DEFENDANT. THE ORIGINAL IS SENT TO MUNICIPAL COURT OR IN OTHER CIRCUMSTANCES, WHICH WE'LL GET INTO, A REPORTER AFFIDAVIT MAY BE SENT TO THE CITY ATTORNEY'S OFFICE FOR REVIEW AND ACCEPTANCE. NOW, THERE IT IS, AS I SAID, FOR SOME SPECIALTY COURTS AN AFFIDAVIT MAY BE SUBMITTED WHICH B WILL BE THE BASIS FOR THE CHARGE. AFTER THAT, THEY DO SEND A NOTICE TO APPEAR TO THE DEFENDANT PORE THEM TO APPEAR IN COURT, BUT I DO WANT TO EMPHASIZE THAT WHEN IT COMES TO AFFIDAVITS IN REPORTS, LET'S SAY, FOR EXAMPLE, AN ASSAULT CASE, ONCE THAT REPORT IS MADE, IT IS NOT NECESSARILY FILED IMMEDIATELY AND GETS SENT TO OUR OFFICE IN WHICH WE REVIEW THE CASE AND AGAIN FOR PROBABLE CAUSE. AT THAT POINT IF WE DO BELIEVE THERE IS SOME, WE WILL FILE IT AND -- YOU KNOW, WITH THE MUNICIPAL COURT AND THEY WILL, YOU KNOW, GET THE CASE FILED AND EXECUTE A COMPLAINT. NOW, WHAT IS A COMPLAINT? AS I STATED WHEN THE TICKET ARRIVES IN MUNICIPAL COURT, DEPENDING ON WHAT IT IS, IT DOES GET FILED.
AND THE COMPLAINT, LIKE I SAID EARLIER SH IT IS THE OFFICIAL CHARGING DOCUMENT. AND WHATEVER IS IN THE FOUR CORNERS OF THE COMPLAINT IS WHAT'S IN THE NOW, IT IS IMPORTANT TO NOTE, LIKE I SAID, IT'S WHAT SPECIFICALLY IS IN THE COMPLAINT THAT WE NEED TO PROVE. YOU KNOW, A LOT OF CITIZENS COME IN AND THEY SAY, YOU KNOW, ON MY TRAFFIC TICKET, THEY LISTED THE INCORRECT MAKE AND MODEL OF THE VEHICLE.
IF ALL THE IDENTIFYING INFORMATION IS CORRECT, YOU KNOW, THAT'S ONE OF THE ELEMENTS IN THE COMPLAINT, YOU KNOW, MAKE AND MODEL OF THE VEHICLE IS NOT PART OF THE COMPLAINT, SO THAT'S SOMETHING WE DO NOT NEED TO PROVE, AS LONG AS EVERYTHING'S THERE THAT WE NEED, WE CAN GET THE COMPLAINT FILED AND WE CAN PROVE ALL THAT BEYOND A REASONABLE DOUBT AND IN A TRIAL, AND BELIEVE IT, WE WILL PROCEED. AND AFTER THEY GET THE NOTICE TO APPEAR AND THE COURT DATES, THE FIRST COURT DATE IS KNOWN AS ARRAIGNMENT. AT THIS POINT, MOST OF THE DEFENDANTS THAT COME IN DO SPEAK WITH THE PROSECUTOR. AT THAT POINT, WE JUST -- IT'S OUR JOB TO LET THEM KNOW ESSENTIALLY WHAT THEIR OPTIONS ARE.
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OKAY? WE CANNOT GIVE THEM ANY LEGAL ADVICE, BUT WHAT WE CAN DO IS GIVE THEM ENOUGH INFORMATION FOR THEM TO MAKE A WELL EDUCATED DECISIONS ON WHAT THEIR OPTIONS ARE, THAT WAY THEY CAN PROCEED ACCORDINGLY, YOU KNOW, HOW THEY WOULD WANT TO. OF COURSE, THEY CAN PLEAD GUILTY, NOT GUILTY OR NO CONTEST. ONCE THEY DO THAT, SAY A DEFENDANT PLEADS GUILTY OR NO CONTEST, AT THAT POINT, YES, THE COURT WILL -- WOULD IMPOSE A PENALTY, FINE MORE THAN LIKELY, AND IT COULD BE A CONVICTION, WHICH WE REFER TO AS STRAIGHT PAY OR PROBATION, WHICH, AGAIN, WE REFER TO AS DEFERRED DISPOSITION OR DRIVER SAFETY COURSE.NOW, IT IS IMPORTANT TO NOTE THAT NOT ALL DEFENDANTS DO QUALIFY FOR DEFERRED DISPOSITION OR AN OPPORTUNITY TO KEEP IT OFF THEIR RECORD.
THIS INCLUDES, YOU KNOW, COMMERCIAL DRIVER'S LICENSE HOLDERS, AND DEFENDANTS WHO, LET'S SAY, WERE WAY IN EXCESS ABOVE THE SPEED LIMIT.
NOW, IT REALLY DEPENDS AS PRO PROSECUTORS, WE CAN HAVE TWO PEOPLE DRIVING 80 MILES IN A 65 MILES PER HOUR ZONE BUT THE FACTS ARE GOING TO BE COMPLETELY DIFFERENT, SO EVERY CASE IS DIFFERENT.
IT GOES ON A CASE-BY-CASE BASIS, AND DEPENDING ON THE EGREGIOUSNESS OF THE VIOLATION, WE HAVE THE ABILITY TO TAILOR THE OFFER FOR THESE DEFENDANTS. NOW, IF THE DEFENDANT PLEADING IN, OF COURSE, THE CASE WILL PROCEED SET FOR A PRETRIAL HEARING AND TRIAL IF NO RESOLUTION IS MADE. NOW, IF THE DEFENDANT PLEADS NOT GUILTY, AS I SAID, THE CASE GETS SET FOR PRETRIAL HEARING, AT THAT POINT, THE DEFENDANT WILL HAVE THE OPPORTUNITY TO SPEAK TO A PROSECUTOR ONCE MORE AND VIEW ANY EVIDENCE THAT IS CURRENTLY IN THE POSSESSION OF THE STATE.
AT THIS TIME, THEY DO TAKE A LOOK AT THE EVIDENCE.
THAT'S CALLED -- THE BODY CAM, COBAN, WHICH IS THE VIDEOS ON THE VEHICLE, OF COURSE TAKE A LOOK AT THE CITATION AND THE COMPLAINT.
AT THAT POINT, IT'S KIND OF WHERE THE DEFENDANTS GET TO TAKE A LOOK AT IT, AND IF THEY DO THINK, WELL, YOU KNOW WHAT? I THINK I CAN PROVE MY CASE, THEN THEY CAN CONTINUE TO PROCEED TO A JURY TRIAL OR A NONJURY TRIAL. NOW, WHAT I DO WANT TO EMPHASIZE AS WELL IS THAT AT A LOT OF POINTS AT THIS POINT IN TIME, CASES MAY ALSO GET DISMISSED.
SO AS THE PROSECUTORS, OUR GOAL ISN'T TO GO OUT THERE AND PROSECUTE JUST TO PROSECUTE. IT'S TO MAKE SURE THAT JUSTICE IS PROPERLY SERVED. SO IF WE -- YOU KNOW, WE TAKE A LOOK AT A CASE, IT'S USUALLY THE FIRST TIME WE'RE ABLE TO TAKE A LOOK AT THE VIDEOS.
AND IF WE SEE IT AND WE DO BELIEVE WE CAN PROVE IT BEYOND A REASONABLE DOUBT, OF COURSE WE'LL MOVE FORWARD TO TRIAL. BUT IF WE BELIEVE WE CAN'T PROVE IT BEYOND A REASONABLE DOUBT, THEN OF COURSE IT'S OUR DUTY TO DISMISS THE CASE AT THAT TIME. NOW, AT TRIAL, ON THE DAY OF TRIAL, THE PROSECUTORS DO STILL CONFER ONE MORE TIME WITH THE DEFENDANT, ESSENTIALLY IT'S THEIR LAST CHANCE TO BE ABLE TO TAKE A PLEA OFFER TO RESOLVE THE MATTER PRIOR TO TRIAL. OF COURSE, YOU KNOW, IF NO RESOLUTION IS COME TO, THEN THE CASE DOES PROCEED TO TRIAL.
NOW, THE CASE IS LEFT TO THE JUROR JUDGE TO DETERMINE THE GUILT OR INNOCENCE AND FINE. OF COURSE, DEFENDANTS FOUND NOT GUILTY, THE DEFENDANT IS ACQUITTED AND DISPOSED OF. IF FOUND GUILTY, THEY HAVE 10 DAYS TO APPEAL TO THE COUNTY COURT AT WHICH POINT THE MATTER WILL P REZERO VIEWED BY THE HIGHER LEVEL COURT AND THE DECISION WILL BE MADE BY THEM AS THE VALIDITY OF THE DETERMINATION OF JUDGE OR JURY.
SO EVEN IF THEY'RE FOUND GUILTY, THEY HAVE AN OPTION TO CONTINUE TO FIGHT THEIR CASE. SO AT THIS POINT, YOU HAVE A GENERAL OVERVIEW OF WHAT, YOU KNOW, THESE TICKETS LOOK LIKE. AGAIN, IN GENERAL.
BUT, OF COURSE, THEY ALL LOOK DIFFERENT WHEN IT COMES TO CERTAIN SPECIALTY COURTS, SO AT THIS POINT I'M GOING TO TURN IT OVER TO MY COLLEAGUE ORLANDO MATA TO GO OVER ALL THE SPECIFICS OF THOSE SPECIALTY
COURTS. THANK YOU. >> THANK YOU, MR. SEGURA. GOOD AFTERNOON, COUNCILMEMBERS.
MY NAME IS ORLANDO MATA. I'M AN ASSISTANT CITY ATTORNEY IN THE PROSECUTION DIVISION. AS MR. SEGURA MENTIONED EARLIER, THE CITY ATTORNEY'S OFFICE HANDLES VARIOUS TYPES OF CLASS C MISDEMEANORS AS WELL AS TRAFFIC CITATIONS. THOSE NONTRAFFIC CLASS C MISDEMEANOR ARE HANDLES BY ONE OF OUR FOUR SPECIALTY UNITS AND WE HAVE UNIT LEADS FOR EACH OF THOSE FOUR UNITS AVAILABLE IF THE COMMITTEE HAS ANY SPECIFIC QUESTIONS. NOW, BECAUSE ALL CLASS C MISDEMEANORS THAT GO THROUGH MUNICIPAL COURT ARE GOVERNED BY THE CODE OF CRIMINAL PROCEDURE, THEY'RE ALL GOING TO HAVE GENERALLY THE SAME LIFE CYCLE, BUT THERE ARE SOME DIFFERENCES WITH HOW THOSE SPECIFIC SPECIALTY UNITS HANDLE THOSE CASES. SO I'LL GO OVER THOSE OVER THE NEXT FEW
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SLIDES. SO THE FIRST OF THOSE SPECIALTY UNITS IS GOING TO BE OUR ASSAULT UNIT. THESE ARE CLASS C ASSAULTS.THEY ARISE OUT OF THE SAME STATUTE FROM WHERE WE GET THE HIGHER LEVEL ASSAULT CASES. THE MAIN DIFFERENCE BEING THE ELEMENT OF A BODILY INJURY. SO IN A CLASS C ASSAULT, THERE IS NO ELEMENT OF BODILY INJURY. WHAT THE STATE NEEDS TO PROVE IN THOSE CASES IS THAT THERE WAS SOME TYPE OF CONTACT BY THE OFFENDER AGAINST THE VICTIM AND THAT THE OFFENDER KNEW OR SHOULD HAVE REASONABLY BELIEVED THAT THE VICTIM WOULD TAKE OFFENSE OR PROVOCATIVE.
WE TYPICALLY DEAL WITH KICKING CASES, SLAPS, OFFENSIVE TOUCHES, EVEN SPITTING CASES, ANYTHING THAT WOULD BE DEEMED AS OFTENSIVE OR PROVOCATIVE WOULD BE A CLASS C ASSAULT. IF THEY ARE A FAMILY VIOLENCE CASE, THEY CAN HAVE MORE SERIOUS CONSEQUENCES, THOSE INCLUDE NOT BEING ABLE TO OWN OR POSSESS FIREARMS R ZERO AM NEW MISSIONS FOR THE REST OF THEIR LIVES -- COULD AFFECT IMMIGRATION STATUS, IT COULD EFFECT FUTURE CLASS A MISDEMEANOR ASSAULTS, WHICH WOULD HAVE BEEN A CLASS A, BUT FOR THEY HAVE A CONVICTION ON A CLASS C, WHICH WOULD BUMP UP THAT FUTURE CASE TO A FELONY. SO, AGAIN, BECAUSE -- ALTHOUGH THEY ARE CLASS C MISDEMEANORS, THEY CAN HAVE MORE SERIOUS CONSEQUENCES.
SO THE WAY THESE START IS LIKE MOST CASES, LAW ENFORCEMENT AGENCY, USUALLY SAPD, WOULD RECEIVE A CALL FOR AN ASSAULT IN PROGRESS.
THEY ARRIVE, IF THEY DETERMINE THAT THIS IS A SITUATION THAT NEEDS TO BE DIFFUSED, A LOT OF TIMES THEY'LL ARREST THAT DEFENDANT, WRITE A POLICE REPORT AND SUBMIT THAT REPORT TO OUR OFFICE FOR REVIEW.
AND IF OUR OFFICE AGREES THAT THERE IS PROBABLE CAUSE, WE'LL FILE THE CASE AND THE DEFENDANT WILL BE SENT A NOTICE TO APPEAR AS MR. SEGURA INDICATED EARLIER. THEY'RE NOT ALWAYS ARRESTED.
SOMETIMES THE OFFICER'S ABLE TO DIFFUSE THE SITUATION AND ISSUE THE DEFENDANT A CITATION, BUT A REPORT WILL STILL BE WRITTEN AND FROM THERE IT TAKES ON THE SAME LIFE CYCLE. SO FROM THERE, THE DEFENDANT COMES IN FOR ARRAIGNMENT, WE DISCUSS THAT CHARGE WITH THE DEFENDANT. IF THEY WOULD -- IF THEY CHOOSE TO PLEAD GUILTY OR NO CONTEST AT THAT ARRAIGNMENT, WE TYPICALLY RECOMMEND REBILLA TATETIVE BASED DEFERRED DISPOSITION WHERE THEY'RE GIVEN THE OPPORTUNITY TO GET THE CASE DISMISSED ESSENTIALLY. THAT IS ON A CASE-BY-CASE BASIS, IF THERE ARE AGGRAVATING CIRCUMSTANCES WE WILL RECOMMEND CONVICTIONS IN WHICH CASE THOSE CONSEQUENCES WILL COME INTO PLAY.
IF THE DEFENDANT CHOOSES TO PLEAD NOT GUILTY, THEN THE CASE WOULD BE SET FOR A DOCKET CALL, AND AT THAT POINT, IF WE'RE NOT ABLE TO RESOLVE IT, THE CASE PROCEEDS TO TRIAL. SO WHEN WE'RE TALKING ABOUT THE REHABILITATIVE COURSES, THIS IS WHEN WE DO RECOMMEND DEFERRED DISPOSITION.
THEY ARE SPECIFIC TO ASSAULT CONTACT CASES AND THEY DEPEND ON THE SEVERITY OF THE CASE. SO IF WE'RE DEALING WITH A NONFAMILY VIOLENCE CASE, WE WILL RECOMMEND ANGER MANAGEMENT CLASSES.
IF IT'S MORE SERIOUS, MAYBE IF IT'S A GROPING CASE, FOR INSTANCE, WE'LL RECOMMEND COUNSELING SESSIONS WITH AN EMPHASIS ON BOUNDARIES AND OFFENSIVE TOUCHING. IF IT IS A FAMILY VIOLENCE CASE, TYPICALLY WE'LL RECOMMEND 10 COUNSELING SESSIONS WITH A LICENSED PROFESSIONAL COUNSELOR OR A LICENSED CLINICAL SOCIAL WORKER AND THOSE WOULD BE FOCUSED ON FAMILY VIOLENCE. IF WE HAVE A MORE SERIOUS FAMILY VIOLENCE CASE, A LOT OF TIMES WE'LL RECOMMEND 20 TO 24 HOURS IN A BATTERS INTERVENTION PREVENTION PROGRAM WHICH IS ALSO KNOWN AS A BIP PROGRAM. ALL CLASSES WE DO RECOMMEND WILL NEED TO BE LIVE OR IN PERSON AND GIVEN BY A LICENSED PROFESSIONAL COUNSELOR OR A LICENSED CLINICAL SOCIAL WORKER. THE NEXT UNIT WE'LL TALK ABOUT IS OUR JUVENILE UNIT. THIS UNIT DEALS WITH A COUPLE OF DIFFERENT TYPES OF CASES. THE FIRST OF THOSE IS GOING TO BE OUR CRIMINAL CASES. SO THOSE, JUST LIKE ANY OTHER CRIMINAL CASE, ARE GOING TO BE CASES THAT ARE PUNISHABLE BY FINE ONLY. SO THESE, AS WAS MENTIONED EARLIER BY MUNICIPAL COURT, ARE GOING TO BE DISORDERLY CONDUCT, FIGHTS, ASSAULTS, POSSESSION OF DRUG PARAPHERNALIA, TOBACCO, MINOR IN POSSESSION TYPE CASES, HOWEVER, THESE ARE INDIVIDUALS WHO ARE BETWEEN THE AGES OF 10 AND 16. SO ANYBODY UNDER 10 CANNOT BE HELD CRIMINALLY LIABLE. ANYBODY OVER 16 IS CHARGED AN ADULT. SO CASES BEGIN JUST LIKE ANY OTHER CASE, SAPD IS CALLED OR LAW ENFORCEMENT AGENCIES FROM THE INDEPENDENT SCHOOL
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DISTRICTS ARE CALLED. IF THEY FIND PROBABLE CAUSE, THEY'LL ISSUE THAT JUVENILE A CITATION AND A NOTICE TO APPEAR IN COURT.ONCE THEY GET TO THEIR FIRST ARRAIGNMENT AND A PARENT OR GUARDIAN MUST BE PRESENT WITH THE CHILD, WE THEN CONFER WITH THAT CHILD AND PARENT AND THEIR ATTORNEY, IF THEY HIRE AN ATTORNEY, AND WE ATTEMPT TO RESOLVE THE CASE. A LOT OF TIMES WE'LL RECOMMEND -- MOST OF THE TIME WE'LL RECOMMEND COMMUNITY SERVICE IN LIEU OF A WE'LL RECOMMEND UNSUPERVISED PROBATIONARY PERIOD FOR FIVE MONTHS WHICH IS KNOWN AS DEFERRED DISPOSITION AND WE'LL RECOMMEND CLASSES FOR THE JUVENILES TO COMPLETE. THOSE ARE DIRECTLY RELATED TO THE TYPE OF BEHAVIOR THAT THEY WERE CITED FOR, TOBACCO, DRUG, ALCOHOL AWARENESS CLASSES, YOUTH ENRICHMENT CLASSES.
IF IT'S A TRAFFIC CASE WE'LL RECOMMEND AND THE COURT WILL ORDER THAT THE CHILD COME INTO COMPLIANCE BY OBTAINING A DRIVER'S LICENSE OR A PERMIT OR BY COMPLETING A DRIVER'S SAFETY COURSE. OF COURSE, IF THE DEFENDANT PLEADING IN, THE CASE IS SET FOR A PRETRIAL HEARING AND THE CASE WILL BE FURTHER REVIEWED BY OUR OFFICE AND DISCUSSED WITH A PARENT, CHILD AND/OR ATTORNEY AND WE'RE UNABLE TO RESOLVE IT, THEN THE CASE PROCEEDS TO TRIAL. THE JUVENILE USE UNIT ALSO DEALS WITH TRUANCY CASES. FEKS THESE ARE CASES AGAINST THE PARENT FOR CONTRIBUTING TO NONATTENDANCE. IN THE STA STATE OF TEXAS IF A CHILD HAS 10 UNEXCUSED ABSENCES WITHIN A SIX-MONTH PERIOD THEY ARE IN VIOLATION OF TEXAS EDUCATION CODE. AND IT IS A CLASS C MISDEMEANOR, SO THEY ARE LOOKING AT A FINE RANGE FROM 100 TO $500.
IN THIS CASE, THE SCHOOL DISTRICTS ARE GOING TO HAVE TWO WAYS TO HANDLE THESE TYPES OF CASES. THEY'LL FILE THE CASE FORMALLY IN OUR OFFICE AGAINST THE PARENT FOR PARENT CONTRIBUTING TO NONATTENDANCE.
AND AT THAT POINT, IT TAKES ON THE SAME LIFE CYCLE AS ANY OTHER CLASS C MISDEMEANOR WOULD, OR THEY CAN SUBMIT THE CASE FOR FAMILY MEDIATION AT THE MUNICIPAL COURT. AND THAT'S REALLY THE MORE COMMON METHOD. AT THAT POINT, A PROSECUTOR WILL SPEAK TO THE FAMILIES AS WILL THE SCHOOL DISTRICT AND THE JUDGE.
AND ULTIMATELY, THE FAMILY'S ASKED TO SIGN A CONTRACT AT THE MEDIATION WHERE THEY AGREE TO ABIDE BY THE STATE LAW AND ESSENTIALLY ENSURE THAT THEIR CHILD DOES ATTEND SCHOOL. IF THEY FAIL TO ABIDE BY THAT CONTRACT, THEN THE SCHOOL DISTRICT MAY THEN CHOOSE TO FILE AGAINST THE PARENT FOR CONTRIBUTING TO NONATTENDANCE.
THIS SECOND PORTION OF THIS SLIDE DEALS WITH HOUSE BILL 3186 AND IT'S KNOWN AS THE YOUTH DIVERSION AND EARLY INTERVENTION ACT.
IT WAS PASSED DURING THE LAST LEGISLATIVE SESSION, THE MUNICIPAL COURT IS CURRENTLY IN THE PROCESS OF DRAFTING THE YOUTH DIVERSION PLAN, AND IT'S ESSENTIALLY A WAY TO AVOID A FORMAL FILINGS AGAINST JUVENILES.
THE CITY ATTORNEY'S OFFICE ROLL IS ESSENTIALLY THE SAME.
THE LAW ENFORCEMENT AGENCY WILL SUBMIT A CASE TO OUR OFFICE FOR REVIEW. IF WE CHOOSE TO ACCEPT THE CASE, THEN IT WILL BE FILED WITH THE COURT AND THE DIFFERENCE IS GOING TO BE WHETHER WE CONCUR WITH OR OBJECT TO THE JUVENILE ENTERING THAT YOUTH DIVERSION PROGRAM.
SO IF WE OBJECT, THE DIVERSION'S NOT AN OPTION, THE DEFENDANT GOES THROUGH THE SAME PROCESS AS ANY OTHER JUVENILE WOULD GO THROUGH; HOWEVER, IF WE DO NOT OBJECT AND WE CONCUR, THE CASE WILL BE DISMISSED BY THE JUDGE AND ALLOW THE JUVENILE TO ENTER THAT YOUTH DIVERSION PROGRAM. IF THE JUVENILE SUCCESSFULLY COMPLETES THE CASE -- I'M SORRY, THE DIVERSION PROGRAM, THE CASE WILL NOT BE REFILED BY OUR OFFICE. HOWEVER, IF IT'S UNSUCCESSFUL, THEN WE WILL REVISIT THAT CASE AND POSSIBLY FILE THAT CASE.
OUR NEXT UNIT THAT WE'LL SPEAK OF IS THE ANIMAL UNIT.
SO THE ANIMAL UNIT HANDLES TWO DIFFERENT TYPES OF CASES.
SO WE HAVE OUR ADMINISTRATIVE HEARINGS, WHICH ARE REALLY CIVIL IN NATURE. THOSE GENERALLY BEGIN WITH A SWORN AFFIDAVIT BY AN ACS OFFICER SEEKING AN ADMINISTRATIVE WARRANT. THAT'S TYPICALLY TO SEIZE AN ANIMAL. THESE CASES ARISE OUT OF THE TEXAS HEALTH AND SAFETY CODE AND THEY TYPICALLY DEAL WITH CRUELLY TREATED ANIMALS, DANGEROUS DOG DETERMINATIONS AND DEATH OR SERIOUS BODILY INJURY CASES. IT'S IMPORTANT THAT THESE CASES ARE HEARD AND THEY ALWAYS HAVE BEEN HEARD WITHIN 10 CALENDAR DAYS. AND AT THAT HEARING, THE JUDGE DETERMINES WHAT THE OUTCOME OF THAT SEIZURE WOULD BE.
THE SECOND TYPE OF CASE THAT OUR ANIMAL UNIT HANDLES IS GOING TO BE THE CRIMINAL CITATIONS. THESE CASES ALL ARISE OUT OF CITY CODE CHAPTER 5 AND THEY BEGIN JUST LIKE ANY OTHER CRIMINAL CASE WOULD BEGIN, HOWEVER THESE ARE ALL INVESTIGATED -- MOST OF THEM ARE INVESTIGATED BY ANIMAL CARE SERVICES. SO AN OFFICER FROM ACS WOULD SUBMIT AN AFFIDAVIT
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OUTLINING FACTS AND SUPPORTING THE CRIMINAL CITATION, AND THEY WOULD ALSO SUBMIT THE CITATION TO OUR OFFICE. A PROSECUTOR THEN REVIEWS THOSE CITATIONS AND AFFIDAVITS AND DECIDES WHETHER OR NOT THERE'S PROBABLE CAUSE, AND IF THERE IS, FILE THE CASES WITH MUNICIPAL COURT.AGAIN, THEY DEAL WITH CHAPTER FIVE, THEY TYPICALLY ARE YOUR STANDARD OF CARE CASES. THOSE ARE -- YOU KNOW, THE DOG DIDN'T HAVE ADEQUATE SHELTER, WATER, FOOD, AGGRESSIVE DOG-TYPE CASES, ANIMAL NUISANCES, THOSE DOGS THAT ARE FREE OF RESTRAINT OR A DOG BITE CASE AND THOSE ARE ALL CRIMINAL CASES THAT ARE HANDLED BY MUNICIPAL COURT.
ONCE THEY ARE CITED, THEY RECEIVE THE SAME NOTICE TO APPEAR, THEY CONFER WITH OUR PROSECUTORS, WE TRY AND RESOLVE THOSE CASES WOWTD THE NEED FOR TRIAL -- WITHOUT THE NEED FOR TRIAL, HOWEVER, IF THE DEFENDANT CHOOSES TO PLEASE NOT GUILTY, THE CASE WOULD BE SET FOR TRIAL AT A LATER DATE.
TO DISCUSS IS OUR CODE UNIT. THIS UNIT DEALS WITH REALLY MULTIPLE DEPARTMENTS WITHIN THE CITY OF SAN ANTONIO, MAINLY DEVELOPMENT SERVICES, HISTORIC, HEALTH, SAPD, SAWS, FIRE. AND THESE ALL ARISE OUT OF VARIOUS SECTIONS OF THE CITY CODE. WE ARE -- OUR MAIN GOALS IN THESE TYPES OF CASES IS COMPLIANCE. SO WE WORK A LOT WITH THE INDIVIDUAL DEPARTMENTS.
WE WORK CLOSELY WITH THE DEFENDANTS WHEN THEY DO COME IN FOR ARRAIGNMENT.
AND, AGAIN, THEY START THE SAME WAY THAT THE WITNESS OR THE OFFICER FROM THE -- FROM THE APPROPRIATE CITY DEPARTMENT WILL WRITE A REPORT. SOMETIMES A CITATION, SUBMIT IT TO OUR OFFICE FOR REVIEW. IF THERE'S PROBABLE CAUSE, WE FILE IT.
WHEN THEY COME IN, A LOT OF TIMES THAT -- THAT VIOLATION IS STILL PENDING, SO WE WORK CLOSELY WITH THAT DEFENDANT, WE WORK CLOSELY WITH THE DEPARTMENT IN AN EFFORT TO ABATE THAT VIOLATION, WHATEVER IT MAY BE. SOMETIMES BY THE TIME IT GETS TO US, THAT VIOLATION HAS ALREADY BEEN RESOLVED AND IT ALLOWS US TO RESOLVE THOSE -- THOSE VIOLATIONS A LOT EASIER. BUT WE DO WORK CLOSELY WITH MANY DEPARTMENTS IN AN EFFORT TO ABATE WHATEVER VIOLATION HAS BEEN CITED. THESE CASES DO HAVE FINE RANGES FROM 500 TO $2,000 DEPENDING ON WHICH SECTION OF THE CODE THE VIOLATION IS FILED UNDER. SO THEY CAN CARRY SOME PRETTY -- SOME PRETTY HEFTY FINES. OF COURSE, IF THE DEFENDANT CHOOSES TO EXERCISE THEIR RIGHT TO A TRIAL, THEY PLEAD NOT GUILTY AND WE HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. COURT OFFICERS ALSO HAVE THE OPTION OF FILING ADMINISTRATIVE HEARING CASES.
OUR OFFICE TYPICALLY GETS INVOLVED IN THOSE CASES IF THE RESPONDENT FILES AN APPEAL OF THOSE FINDINGS BY THE HEARING OFFICER, SO WE'LL GET INVOLVED IN THOSE CASES AS WELL. THIS IS JUST A FLOWCHART OUTLINING THE GENERAL LIFE CYCLE OF ANY CRIMINAL CITATION, CLASS C CITATION THAT'S FILED IN MUNICIPAL COURT.
AND IT TAKES YOU FROM THE CITATION ALL THE WAY THROUGH TRIAL, AND IT'S JUST A WAY TO KIND OF FOLLOW ALONG WITH THE LIFE CYCLE OF A CITATION. THERE ARE ALSO OTHER MISCELLANEOUS TYPE CASES THAT FALL UNDER OTHER COURTS, BUT, AGAIN, THOSE ARE GOING TO NOT FALL WITHIN A SPECIALTY UNIT AND FOLLOW THE SAME GENERAL LIFE CYCLE OF ANY OTHER CLASS C MISDEMEANOR. THAT CONCLUDES OUR BRIEFING. I'M HAPPY TO ANSWER ANY QUESTIONS THE COMMITTEE
MAY HAVE. >> MCKEE-RODRIGUEZ: THANK YOU SO MUCH.
I'M GOING TO START OFF WITH TEEN COURT. I'LL NOTE THAT EACH COUNCIL COMMITTEE HAS SEVERAL CITY DEPARTMENTS THAT REPORT AND PRESENT TO THEM ON A CONSISTENT BASIS. COMMITTEE IS THAT YOU HAVE US ALL TO YOURSELVES, SO THIS IS A COMMITTEE WHERE MUNICIPAL COURT CAN SHARE SOME OF YOUR DEPARTMENT'S NEEDS, HIGHLIGHT THE WORK THAT YOU DO, SUCH AS THIS PROGRAM, AND ALL THE OTHER FUN THINGS ALL YEAR ROUND, WHICH IS INFORMATION THAT HELPS US ALL OUT DURING BUDGET SEASON. SO I WANTED TO DROP THAT LITTLE SEED RIGHT THERE.
ONE OF THE GREAT THINGS -- THROUGHOUT THE CITY IS THAT OUR CHILDREN ARE, OF COURSE, OUR FUTURE.
WE'RE SEEING A RISE IN LESS THAN DESIRABLE BEHAVIORS.
SOME OF WHICH GET THEM INVOLVED IN OUR CRIMINAL JUSTICE SYSTEM, AND WE KNOW THAT ONCE AN INDIVIDUAL IS ENGAGED IN THE CRIMINAL JUSTICE SYSTEM, RECIDIVISM IS A GREATER LIKELIHOOD. BUDDY VERSION PROGRAMS AND RESTORATIVE JUSTICE PRACTICES REVERSE THAT TREND.
I WAS HAVING A CONVERSATION WITH THE A MAYOR AND WHEN I WAS APPOINTED CHAIR OF THE MUNICIPAL COURTS ADVISORY COMMITTEE, THE MAYOR CHARGED ME WITH ENGAGING MIDDLE SCHOOL COURTS ON A MORE CONSISTENT BASIS, HIGHLIGHTING THE WORK AND PROGRAMS OF THE DEFENDANT AND TO FIND NEW AND
[00:35:05]
INNOVATIVE WAYS TO RESTORE JUSTICE PRACTICES.TEEN COURT IS AN EXTREMELY EXCITING PROGRAM THAT ALREADY EXISTED AND I WAS SHARING WHEN I WAS A SENIOR IN HIGH SCHOOL I PARTICIPATED AS A VOLUNTEER IN TEEN COURT WHEN I LIVED IN KENTUCKY. AND THE REASON I BROUGHT THIS ITEM FORWARD FOR BRIEFING IS, ONE, TO GAUGE WHERE THE PROGRAM IS IN STARTING POINT -- EXPANDED UPON. SO I'LL SHARE A FEW QUESTIONS.
I GUESS MY FIRST ONE IS, HOW LONG HAS THE COURT'S PROGRAM BEEN RUNNING?
I THINK I MISSED THAT. >> THE TEEN COURT. ABOUT 20 TO 25 YEARS.
I'M NOT SURE EXACTLY. >> MCKEE-RODRIGUEZ: OKAY. SO VERY WELL ESTABLISHED. I AM RON DERING, DO WE HAVE NUMBERS FOR HOW MANY TEENS HAVE PARTICIPATED IN THE PROGRAM ANNUALLY AND -- IT DOESN'T HAVE TO BE GOING BACK TO 20 YEARS, IN MAYBE THE PAST FIVE YEARS OR SO.
>> WE CAN GET YOU THOSE. I KNOW THAT LAST YEAR WE HAD APPROXIMATELY 60 TEEN DEFENDANTS THAT PARTICIPATED IN THE PROGRAM, AND THAT WAS UP
FROM ABOUT 20 TO 25 FROM THE YEAR BEFORE. >> MCKEE-RODRIGUEZ: IN THAT, WOULD YOU BE ABLE TO INCLUDE A BREAKDOWN OF THEIR CHARGES?
>> ABSOLUTELY. >> MCKEE-RODRIGUEZ: AND DO YOU KNOW WHAT THE MOST COMMON CHARGE IS FOR TEENS ARE WHO END UP -- PARTICIPATING IN COURT?
>> LET ME HAVE JUDGE CHA VAIR YEAH ANSWER THAT QUESTION FOR YOU.
>> MOST OF THE TEENS THAT I REFER OVER TO TEEN COURT DO HAVE DISORDERLY CONDUCT, FIGHTING CHARGES, ASSAULT CHARGES, MAYBE SOME THEFT CHARGES. OCCASIONALLY WE'LL HAVE A PARAPHERNALIA CHARGE OR TOBACCO OFFENSE, BUT THOSE ARE THE MAIN CATEGORIES THAT WE SEE GOING INTO TEEN COURT. AND THAT'S, OF COURSE, AFTER EVALUATING THE AGE
OF THE CHILD AND THE MATURITY OF THE CHILD. >> MCKEE-RODRIGUEZ: FOR SURE. I THINK I EXPECTED THAT ANSWER.
I AM WONDERING IN RECENT YEARS, ESPECIALLY WITH THE RICE IN POPULARITY OF VAPES HAVE YOU SEEN AN INCREASE IN THOSE CHARGES?
>> ABSOLUTELY. AND IT'S ASTONISHING HOW MANY OF THOSE CHARGES ARE FILED AS TOBACCO-RELATED OFFENSES, WHEN, IN FACT, THOSE VAPES HAVE BEEHAVE BEEN TESTS AND THERE IS A DETECTABLE AMOUNT OF THC PRESENT BUT THEY'RE STILL BEING FILED AS CLASS C MISDEMEANOR.
WE SEE A LOT OF THOSE. I SAW AS YOUNG AS AN 11-YEAR-OLD YESTERDAY,
TUESDAY, YES, WITH A VAPING CHARGE. >> MCKEE-RODRIGUEZ: I THINK DURING THE BUDGET CONVERSATION, I DON'T REMEMBER WHICH ONE IT WAS, I WAS WATCHING SOME VIDEOS, I'VE SEEN VAPES THAT ARE MEANT TO LOOK LIKE SCHOOL SUPPLIES. I KNOW IN RECENT DAYS, COUNCILMAN COURAGE HAS FILED A CCR RELATING TO -- RELATED TO VAPING, I DON'T RECALL WHAT IT WAS, I DON'T REMEMBER OFF THE TOP OF MY HEAD, BUT I AM WONDERING MAYBE IF -- I HAVE TO THINK ABOUT THAT QUESTION A LITTLE BIT MORE, BUT I GUESS I'M WONDERING WHAT OPPORTUNITIES WE HAVE AND MAYBE THIS IS A CONVERSATION FOR COUNCILMAN PELAEZ, WHO CHAIRS THE IGR COMMITTEE, WHAT OPPORTUNITIES TO REGULATE THE SALE OF THAT KIND OF -- YOU KNOW, THAT
KIND OF PARAPHERNALIA. >> CORRECT. WE'RE ALSO SEEING -- WELL, WE DO HAVE INFORMATION ON OUR SCREENS WHEN WE HAVE KIDS COMING IN FOR THEIR CLASS C MISDEMEANORS ABOUT VAPING, SO WE TRY TO GIVE THEM SOME INFORMATION ON THAT. I'M SURE THAT THEY'VE SEEN IT AT SCHOOL, AND IT'S PROBABLY A BIT REPETITIVE, BUT WE TRY TO MAKE IT UNIQUE TO MUNICIPAL COURT IN EXACTLY HOW WE'RE TRYING
TO HELP THWART THAT PROBLEM. >> MCKEE-RODRIGUEZ: FOR SURE. THANK YOU. WHAT DOES RECRUITMENT OF VOLUNTEERS LOOK LIKE, WHETHER THAT'S STUDENT VOLUNTEERS, CITY STAFF.
I SAW THAT THERE ARE CITY ATTORNEYS WHO PARTICIPATE, AND/OR ST.
MARY'S LAW STUDENTS. >> I'D LOVE KATIE TO COME SPEAK TO THAT.
THESE'S OUR EXPERT ON THAT. >> MCKEE-RODRIGUEZ: I LOVE A COLLABORATIVE PRESENTATION, BY THE WAY.
THAT WAS EXCELLENT. >> I TOOK OVER TEEN COURT LAST YEAR.
THE ST. MARY'S LAW STUDENTS HAVE BEEN REALLY HELPFUL IN RECRUITING THOSE VOLUNTEERS. THEY REACH OUT TO DIFFERENT SCHOOL DISTRICTS AND ASK IF THEY CAN SHARE OUR INFORMATION, YOU KNOW, ABOUT OUR TEEN COURT WITH THEM. THIS YEAR I ASKED FOR A LIST OF THE SCHOOL DISTRICTS THAT THEY, YOU KNOW, CURRENTLY REACH OUT TO AND WHAT WE TRY TO DO WAS REACH OUT TO DISTRICTS THAT THEY WEREN'T ALREADY REACHING OUT TO, WHICH TENDED TO BE THE SCHOOLS ON THE SOUTH SIDE, EAST CENTRAL, SOUTHWEST, HARLANDALE, SOUTH SAN, SO WE'VE BEEN PRIMARILY REACHING OUT TO THOSE SCHOOLS. WE'VE DONE -- I THINK WE'VE PRESENTED AT FIVE DISTRICTS NOW. TYPICALLY, IT IS THE CRIMINAL JUSTICE OR GOVERNMENT TEACHERS THAT ASK US TO COME PRESENT TO THEIR CLASSES. WE'VE DONE 9 THROUGH 12TH GRADE, WE'RE OPEN TO EIGHTH GRADERS AS WELL, WE JUST HAVEN'T GOTTEN ANY OFFERS FOR THAT YET.
AND WE JUST GO AND PRESENT WHAT IT IS. YOU KNOW, THE BENEFITS
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FOR THE DEFENDANT, AND THEN AS A VOLUNTEER, YOU KNOW, WHAT WE EXPECT OF THEM, THEIR BENEFITS FOR THEM. AND THEN WE ALLOW THEM -- YOU KNOW, WE TELL THEM HOW THEY CAN SIGN UP, ANSWER ANY QUESTIONS, ANDTHEN WE GET THEM IN AND DO TRAINING. >> MCKEE-RODRIGUEZ: WONDERFUL.
THANK YOU. HOW MUCH -- DO WE KNOW THE PROGRAM BUDGET?
>> SPECIFICALLY FOR TEEN COURT? I DON'T KNOW THAT WE HAVE A BUDGET SPECIFICALLY FOR TEEN COURT. BECAUSE I WAS GOING TO ASK, HOW OFTEN ARE FAMILIES CHARGED -- I KNOW IT SAYS THAT THEY MAY BE CHARGED A $20 FEE FOR REIMBURSEMENT OF PROGRAM COSTS.
HOW OFTEN DOES THAT HAPPEN? >> WE HAVEN'T DONE THAT
TO DATE. >> MCKEE-RODRIGUEZ: OKAY. >> WE'D LIKE TO START DOING THAT BECAUSE A LOT OF TIMES WE PROVIDE DRINKS OR A SNACK FOR THE TEEN VOLUNTEERS AND THE TEEN DEFENDANTS, SO WE WERE THINKING ABOUT STARTING TO CHARGE THAT SO WE COULD HAVE MONEY TO COVER THAT.
>> MCKEE-RODRIGUEZ: LET'S TALK THAT THROUGH A LITTLE BIT, I THINK, IN THE FUTURE. I'M CONCERNED THAT THE FAMILIES,/INDIVIDUALS THAT MAY BE PARTICIPATING IN THE PROGRAM MAY BE THOSE COST-BURDENED FAMILIES, I WOULD ROR WORRY ABOUT REMOVING ACCESS TO A PROGRAM LIKE THIS BY EVEN WHAT FEELS MINISCULE, A $20 FEE, WHATEVER THAT FEE MAY BE, IT COULD STILL BE A RELATIVELY LARGE BARRIER TO SOME.
WHO ARE THE -- I SAW ONE OF THE SE SENTENCES COULD BE YOUTH ENRICHMENT PROGRAMS. WHO ARE THE PROGRAMS THAT LEAD THESE PROGRAMS THAT
A TEEN MAY BE SENTENCED TO? >> ACTUALLY, OUR JUVENILE CASE MANAGERS TRAIN AND PRESENT THE YOUTH ENRICHMENT CLASSES.
SO -- DO YOU WANT TO SPEAK TO THAT? >> LET ME HAVE CESAR CONNO, HE CAN SPEAK TO THE YOUTH ENRICH. CLASSES.
>> MCKEE-RODRIGUEZ: PERFECT. THANK YOU. >> THANK YOU, JU JUDGE OBLEDO, MY NAME IS CESAR CONNO AND I'M A SENIOR CASING INNER FOR THE JEUT NILE DIVISION. OUR YOUTH ENRICHMENT CLASSES BEGAN TWO YEARS AGO. WE'VE SERVICED 750 KIDS OVER THOSE TWO YEARS.
ABOUT 380 THE FIRST YEAR AND A LITTLE OVER 500 THE SECOND YEAR.
THE CLASSES WERE DEVELOPED TO TRY TO KIND OF PROVIDE SOME SORT OF WRAPAROUND IDEA AROUND SOME OF THE INDIVIDUALS AND SOME OF THE CASES THAT COME BEFORE US. WE HAVE SIX COURSES RIGHT NOW THAT WE TEACH.
WE TEACH THEM ON TWO DIFFERENT CURRICULUMS, ONE-ON-ONE, A CURRICULUM. B, CURRICULUM, GOING FORWARD, THE A CURRICULUM CONCENTRATES ON MIND OVER MATTER -- MIND OVER EMOTIONS SORT OF SITUATIONS WHERE WE CAN BENEFIT THE STUDENTS IN SOME KIND OF SOCIAL ASPECT. ANGER MANAGEMENT, TEEN DATING AND CYBER BULLYING AND DIFFERENT DYNAMICS THAT ARE KIND OF PREVALENT IN OUR YOUTH POPULATION RIGHT NOW, INCLUDING VAPING AND SUCH.
SO THERE'S ALL THESE TOPICS ARE COVERED. WE DO COVER THEM ON TWO DIFFERENT TAKE LIKE I SAID, CURRICULUMS B AND TO THIS DATE, THE WE'VE BEEN ABLE TO DEVELOP IT. SO AS IT BECOMES A MODEL OF WHAT THE DIVERSION GOING TO LOOK LIKE FOR THIS NEW BILL THAT'S GOING TO BE COMING ON ON
JANUARY 1ST. >> MCKEE-RODRIGUEZ: THANK YOU.
I APPRECIATE THAT. THE REASON I ASK THAT IS WE HAVE A NUMBER OF REALLY FANTASTIC PARTNERSHIPS IN THE -- IN ORGANIZATIONS THAT SOME OF WHICH WE GIVE MONEY TO, AND I'M WONDERING WHAT OPPORTUNITIES THERE MIGHT BE TO BETTER FOCUS SOME OF THEIR SERVICES TO PROVIDE FOR --
>> I THINK THAT GOING FORWARD, ONE OF THE INTENTIONS THAT THE STAFF HAS DEVELOPED OVER THIS LAST YEAR, AS IT APPROACHES THE DIVERSION PROGRAM IS GOING TO BE IMPLEMENTING ON JANUARY 1ST IS THAT OUR YOUTH ENRICHMENT CLASSES WILL BE MORE GEARED TOWARDS UTILIZED THROUGH THE MEDIATION AND THE TRUANCY CHARGES THAT WE HAVE, AND THAT'S WHERE WE'RE GOING TO CHANNEL THOSE. AND THIS PARTNERSHIP THAT YOU SPEAK OF IS SOMETHING THAT WE'RE ALREADY KIND OF PROMOTING RIGHT NOW, SO WE'RE GOING TO GO INTO THE COMMUNITY, TO THESE STAKEHOLDERS THAT WE DO HAVE IN THE COMMUNITY TO DEVELOP THE CLASSES THAT WE WILL CODEVELOP OR COSPONSOR WITH THEM GOING FORWARD. SO IN ESSENCE, IT WILL BE THAT TRUANCY WILL BE HANDLED, AND THOSE CASES WILL BE CHANNELED TOWARDS THE YOUTH ENRICHMENT CLASSES. AND THESE PARTNERSHIPS THAT YOU'RE ENCOURAGING US TO -- WE'VE KIND OF STARTED INITIATING THAT PROCESS WHERE THE DIVERSION PROGRAM THAT WE'RE GOING TO KIND OF IMPLEMENT, START JANUARY 1ST, WILL BE INCLUSIVE OF THOSE COMMUNITY PARTNERS, INCLUDING TO THAT SAN ANTONIO KAY DA AND DIFFERENT ORGANIZATIONS THAT WE'RE ALREADY IN THE PRELIMINARY STAGES OF
STARTING THAT PARTNERSHIP. >> MCKEE-RODRIGUEZ: BEAUTIFUL.
I LOOK AT TEEN COURT AS AN AMAZING OPPORTUNITY TO PREVENT RECIDIVISM IN OUR YOUTH TO ACHIEVE JUSTICE THROUGH MEANS THAT ARE MORE MEANINGFUL AND LESS PUNITIVE. I WOULD ASK THAT WE MAYBE HAVE AN OPPORTUNITY TO VISIT A SESSION OF TEEN COURT IF THAT'S POSSIBLE AND THAT WE HAVE ONGOING CONVERSATION ABOUT THE PROGRAM. I'LL MOVE ON TO SECOND
[00:45:03]
ITEM, THE LIFE CYCLE OF A TICKET. THIS WAS A REQUEST BY ONE OF OUR COMMITTEE MEMBERS, AND I COULD TELL THAT THAT PRESENTATION WAS PUT TOGETHER BY THE CITY ATTORNEY'S OFFICE. I DON'T HAVE MANY QUESTIONS HERE, BUT MY HOPE IS THAT BY HEARING THIS ITEM, THERE'S AN OPPORTUNITY TO BETTER UNDERSTAND THE CONNECTION BETWEEN LAW ENFORCEMENT AND OUR MUNICIPAL COURT SYSTEM. I DO WANT TO BE CLEAR IN NOTING THAT WE CANNOT DIRECT MUNICIPAL COURT JUDGES ON HOW THEY SHOULD RULE, THE SAME WAY WE CANNOT DICTATE TO AN OFFICER HOW THEY SHOULD CITE OR ARREST. THEIR GUIDES AND VALUES ARE IN PLACE, BUT THE IDEA OF DISCRETION IS THE SAME FOR BOTH, SO I WOULD ASK MY COLLEAGUES TO KEEP QUESTION TO PRACTICE AND PROCEDURE AND POLICY. AND IN THAT DISCUSSION, THERE MAY BE OPPORTUNITY TO IDENTIFY ROOM FOR IMPROVEMENTS.SOMETHING THAT INTERESTS ME FOR CODE ENFORCEMENT, AND FOR, I GUESS, SOME OF THE OTHER TICKETS AS WELL, DO WE SEE A DIFFERENCE IN THE RATE PEOPLE COME INTO COMPLIANCE ON THE SPECTRUM OF FINANCE, FOR EXAMPLE, DO PEOPLE HAVE TO PAY A $2,000 COME INTO COMPLIANCE MORE
FREQUENTLY THAN THOSE WHO HAVE TO PAY A $500 FINE. >> GOOD AFTERNOON, MY NAME IS FELIX RAMIREZ, I'M ASSISTANT CITY ATTORNEY IN THE PROSECUTION DIVISION AND THE LEAD PROSECUTOR FOR THE CODE VIOLATIONS.
WHAT I CAN TELL YOU IS THAT IT REALLY IS MORE OF THE FACT THAT THEY HAVE THE POTENTIAL FOR THAT FINE. MANY OF THE CASES THAT COME TO COURT, WE WORK WITH THEM TO GET INTO COMPLIANCE BEFORE THEY EVER GET THE MAXIMUM FINE. SO USUALLY WHEN WE TALK TO THEM DURING THEIR ARRAIGNMENT, WE EXPLAIN TO THEM THE MAXIMUM FINE IS UP TO 2,000 IN SOME CASES. AND I THINK THAT ALONE ACTS AS A DETERRENT FOR THEM TO GET INTO COMPLIANCE.
AND WHAT'S USUALLY PRESENTED TO THEM IS THE OPPORTUNITY TO GET A LESSER FINE IF THEY DO COMPLY AND BRING THEIR PROPERTY OR WHATEVER
VIOLATION, GET IT CORRECTED. >> MCKEE-RODRIGUEZ: THANK YOU. I GUESS THE REASON I ASK THAT IS SOMETHING I OFTEN THINK ABOUT ARE, YOU KNOW, ALTERNATIVES TO FINES AND FEES IN OUR CRIMINAL JUSTICE SYSTEM, AND WHEN YOU HAVE FINE OR A FEE LIKE THIS, IT BASICALLY -- FEE, THEN YOU CAN AFFORD TO DO WHATEVER ACTION IT IS, YOU CAN -- WE LOOK, YOU KNOW, IN MY DISTRICT, PEOPLE WILL -- ESPECIALLY OUT OF STATE INVESTORS WILL CONTINUE AND CONTINUE AND CONTINUE TO ALLOW CODE VIOLATIONS TO REPEAT THEMSELVES BECAUSE THEY WOULD RATHER PAY WHATEVER FEE WE -- FEE OR FINE WE HAVE THAN PAY TO MAINTAIN THEIR PROPERTY. AND SO THAT'S A CHALLENGE I HAVE, AND SOMETHING I THINK WE SHOULD NAVIGATE AS A BODY, BUT THAT'S, I GUESS, MY ONE AND ONLY QUESTION FOR YOU. I'LL TURN TO QUESTIONS AND COMMENTS FROM MY COLLEAGUES STARTING WITH COUNCILWOMAN MARINA.
>> GAVITO: THANK YOU FOR THESE PRESENTATIONS. YEAH, I DO HAVE A COUPLE OF QUESTIONS AND SOME TO PIGGYBACK OF COUNCILMAN MCKEE-RODRIGUEZ.
FOR THE TEEN COURTS WHAT ARE SOME EXAMPLES FOR THE CLASS C MISDEMEANORS WE
SEE THE MOST IN TEEN COURTS? >> CURRENTLY I THINK MOST OF THE CLASS C MISDEMEANORS ARE ASSAULTS THAT ARE IN TEEN COURT.
AND PERHAPS THE DISORDERLY CONDUCT. NOW, WE DO HAVE A BIT OF A PAUSE DURING THE SUMMER MONTHS BECAUSE THOSE ARE OFTEN SCHOOL-RELATED OFFENSES, AND SO WHEN SCHOOL'S OUT OF SESSION, WE DON'T HAVE THE ASSAULTS OR THE FIGHTING CASES COMING IN, SO WE DO HAVE -- I HATE TO SAY IT, BUT SEASONAL, WHEN SCHOOL STARTS, WE SEE A BUNCH MORE.
>> GAVITO: YEAH. OKAY. THAT'S INTERESTING TO KNOW. MOVING ON TO THE TICKETS, I KNOW THAT WE HAD ASKED -- WE HAD RECEIVED IN MAY THE MUNICIPAL COURT SERVICES AND PERFORMANCE DASHBOARD AND I THINK WE'RE GOING TO RECEIVE THAT ON A QUARTERLY BASIS, SO I'M ASSUMING WE'RE GOING TO RECEIVE --
>> YES. >> GAVITO: IN SEPTEMBER? AWESOME.
THANK YOU. I'M ASKING BECAUSE IT WAS SUPER HELPFUL FOR US TO
DIG INTO, SO WE REALLY APPRECIATED THAT DATA. >> YES, I'LL GET IT TO
YOU. >> GAVITO: NO, WE'RE STILL TECHNICALLY IN Q3,
SO IT'S ALL GOOD. >> YEAH. >> GAVITO: REALLY QUICK, ON SLIDE 10, SO WHEN THE DEFENDANT PLEADS GUILTY OR NO CONTEST, THE RECOMMENDATION IS DEFERRED DISPOSITION. DOES THAT APPLY TO EVERYONE, REGARDLESS IF THEY HAVE PREVIOUS OFFENSES? GOO GOOD AFTERNOON, MY NAME'S ELIZABETH MACRAE JAW REZ, I'M PROSECUTE FOR ASSAULTS, THAT'S A GOOD AND VERY VALID QUESTION, BECAUSE IT DOES NOT. SO IT DEPENDS ON THE HISTORY OF ASSAULTS, IF THEY'VE HAD PRIOR OPPORTUNITIES TO TAKE CLASSES AND STUFF LIKE THAT. IT IS A REHABILITATIVE COURT.
WE HAVE THE MINDSET OF HURT PEOPLE, HURT PEOPLE SO WE WANT TO PRECLUDE THINK SORT OF RECIDIVISM. WE PREFER TO BE PROACTIVE VERSUS REACTIVE. SO IF WE SEE A HISTORY WHERE SOMEBODY HAS NOT PREVIOUSLY TAKEN ANY CLASSES, THAT'S THE REASON FOR THOSE HIGHER LEVEL OF CLASSES VERSUS THE LOWER LEVEL OF CLASSES, SO INSTEAD OF 10
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SESSIONS, IT WOULD BE 20, 24 SESSIONS IN THE MORE INTENSIVE COURSES OF BIP. BECAUSE WHAT WE'RE SEEING THE RECIDIVISM RATE IN BIP VERSUS THE PEOPLE THAT TAKE THE BIP COURSE, THE LIKELIHOOD THEY'REGOING TO REOFFEND IS LESS. >> GAVITO: THAT ACTUALLY LEADS TO MY SECOND QUESTION. WHAT ARE THE COMPLETION
RATES? >> THAT'S SOMETHING I WOULD DEFER TO JUDGE OBLEDO, BUT IT'S MY UNDERSTANDING THEY HAVE NOW GOTTEN BETTER, FOR
COMPLETION OF DEFERRED DISPOSITION. >> THIS LAST YEAR, WE DID SEE A SLIGHT BUMP IN SATISFACTORILY -- INDIVIDUALS SATISFACTORILY COMPLETING THEIR TERM. THERE WERE NEW STRATEGIES THAT WE WERE TRYING TO TRY TO INCREASE INDIVIDUALS COMPLETING IT SATISFACTORILY SO THERE'S OTHER THINGS WE'RE GOING TO CONTINUE TO TRY.
THERE'S JUST MORE WORK TO BE DONE ON THAT. >> GAVITO: OKAY.
I'D BE INTERESTED TO SEE THE PERCENTAGE -- THE COMPLETION PERCENTAGE, BUT I'M ALSO CURIOUS TO SEE IF IT -- IF DEFERRED DISPOSITION REDUCES THE
RATES OF THEM REOFFENDING. >> I THINK -- AND IF I
MAY. >> GAVITO: YEAH. >> DAWS BECAUSE I KNOW THIS IS SOMETHING WE CAN THROW NUGGETS IN. IT'S A COLLABORATIVE EFFORT BETWEEN MUNICIPAL COURTS AND PROSECUTION. WE DO HAVE A LIST OF COURSES THAT MYSELF AND JUDGE POLL WHO IS THE PRESIDING JUDGE IN COURT 7, WE WORK THROUGH COLLABORATIVELY ALL YEAR LONG TO SEE IF THERE'S ANYTHING OUT THERE, BECAUSE WHAT I'M SEEING IS PEOPLE ARE NOT BEING ABLE TO AFFORD CLASSES, SO WE TRY TO WORK WITH THEM ON THE FRONT END, IF IT'S SOMETHING WHERE WE CAN WAIVE THE FINE SO THEY CAN DO THEIR CLASSES. BECAUSE IF THEY'RE DOING THEIR CLASSES, THAT'S WHAT WE WANT THEM TO DO, RIGHT? SO WE DO TAKE ALL OF THOSE -- WE TAILOR IT. LUCKILY, MY CHIEF, JOE NIÑO, AFFORDS A US A LOT OF DISCRETION WITH REGARDS TO WORKING WITH PEOPLE ON A CASE-BY-CASE-BY-CASE BASIS TO GET THEM THAT. IF THERE WAS A WAY TO GET DEFENDANTS PLEA CLASSES, THERE WOULD BE A NONISSUE.
YOU EITHER DO THEM OR YOU DON'T, BECAUSE THEY'RE FREE.
SO PEOPLE HAVE HAVING TO PAY FOR THOSE CLASSES. SINCE COVID, THEY HAVE THEM IN PERSON AND LIVE FEED, SO THAT'S HELPFUL FOR PEOPLE WHO WORK.
WE DO TRY TO RECOMMEND -- AND I DID BRING A LIST OF THOSE CLASSES FOR Y'ALL TO REVIEW IF YOU'D LUKE TO SEE THEM -- LIKE TO SEE THEM WITH REGARDS TO WHAT IS AVAILABLE IN THE COMMUNITY, HOW MUCH THOSE CLASSES ARE BROKEN DOWN FOR FOR PERSONS, JUST IN CASE THAT, YOU KNOW, YOU ALL WOULD LIKE TO REVIEW
ANYTHING LIKE THAT. >> GAVITO: YEAH. AND I'M GRAD GLAD THAT WE OFFER THOSE OPTIONS. I THINK TO ME THE GOAL SHOULD BE GETTING THEM TO NOT REOFFEND. SO I'D BE CURIOUS TO KNOW HOW MANY REOFFENDERS WE SEE, EVEN IF THEY TAKE THOSE CLASSES.
>> I KNOW BEFORE IT WAS A LITTLE -- IT WAS HIGHER WHERE THEY WERE NOT COMPLETING THEIR DEFERRED DISPOSITIONS. I I BELIEVE THAT THERE HAS BEEN A BUMP. I'M IN AGREEMENT WITH JUDGE OBLEDO, BECAUSE I DO ALSO REVIEW THE SHOW CAUSE, AND THAT'S JUST BASICALLY THEY SHOW THE COURT CAUSE AS TO WHY THEY DIDN'T COMPLY WITH WHAT THEIR TERMS WERE.
ON THAT TYPE OF SITUATION, THEY HAVE TO PROVIDE GOOD CAUSE OR GLOOD REASONING WHY THEY DIDN'T COMPLY. IT IS SUBJECTIVE FOR THE COURT, SO IF IT'S SOMETHING WHERE THERE WAS A DEATH IN THE FAMILY OR THEY LOST THEIR JOB, THE JUDGE DOES HAVE THE OPPORTUNITY TO GO PAST THEIR JURISDICTION AS FAR AS THE LIMITATION ON THEIR DEFERRED DISPOSITION TO AFFORD THEM THE OPPORTUNITY TO COMPLY, BECAUSE THAT IS THE GOAL. THE GOAL IS TO GET THEM THE HELP THAT THEY NEED.
>> GAVITO: YEAH. SO WHO CAN SEE THE COMPLETION RATE FOR WHEN THEY TAKE THOSE CLASSES, BUT ALSO THE PERCENTAGE OF THEM WHO POTENTIALLY REOFFEND, THAT WOULD BE INTERESTING DATA FOR US TO SEE, JUST TO SEE IF IT'S EFFECTIVE OR NOT, OR IF THEY'RE -- YOU KNOW, MAYBE GETTING OFF TOO EASY AND DOING THINGS AGAIN AND AGAIN AND AGAIN THAT WE HEAR ABOUT.
ON SLIDE 16, I DEFINITELY APPRECIATE THE EQUITY APPROACH FOCUSING ON COMPLIANCE, BUT I AM IN AGREEMENT WITH COUNCILMAN MCKEE-RODRIGUEZ'S COMMENTS, I DO WANT TO HOLD REPEAT OFFENDERS ACCOUNTABLE.
YOU KNOW, HELPING SOMEONE GET INTO COMPLIANCE AGAIN AND AGAIN AND AGAIN JUSJUST DOESN'T SEEM LIKE AN EFFECTIVE WAY TO GET THEM TO CHANGE BEHAVIOR. I WAS CURIOUS ABOUT WHAT GUIDELINES JUDGES USUALLY USE --
TO PENALTIES. >> WELL, AGAIN THEY'RE FILED AS CRIMINAL CASES, SO AT THE END OF THE DAY, IF THEY EITHER PLEAD GUILTY OR THEY GO TO TRIAL AND THEY'RE FOUND GUILTY, THE PENALTY IS GOING TO BE A FINE. THAT'S WHAT THE JUDGE CAN ORDER IN THE CRIMINAL CASE. SO IN THE CRIMINAL CASE, HE CANNOT ORDER
COMPLIANCE, EVEN IF THEY'RE FOUND GUILTY. >> GAVITO: RIGHT, RIGHT.
>> SO AT THE END OF THE DAY, THAT'S WHAT THEY CAN DO.
IF THEY ASSESS THE HIGHER FINE, THEN DEVELOPMENT SERVICES OR THE DEPARTMENT CAN FILE ADDITIONAL CASES. SO THE DETERRENT CAN BE THAT THEY KEEP ACCUMULATING FINES. I KNOW THE CONCERN IS,
[00:55:03]
WELL, WE'LL JUST KEEP PAYING THE FINES, IT'S A COST OF BUSINESS.WHAT HAPPENS IS -- WHAT REALLY WHAT HAPPENS WITH THOSE IS THERE'S GOING TO BE OTHER ADMINISTRATIVE PROCEDURES OR PROCESSES THAT CAN COME INTO PLAY IN CONJUNCTION WITH THE CRIMINAL CASE. FOR EXAMPLE, THEY MIGHT START TO GET THEIR LICENSES REVOKED OR THEIR CERTIFICATE OF OCCUPANCY REVOKED, SOMETHING THAT MIGHT PUT THEM -- GIVE THEM MORE CONCERN AND STOP THEM FROM PROCEEDING IN THEIR BUSINESS. USUALLY FOR INDIVIDUALS THAT HAVE VIOLATIONS IN THE RESIDENCES, THAT'S NOT THAT MUCH OF AN ISSUE. IT'S USUALLY MORE THE PEOPLE WHO HAVE A BUSINESS OR GETTING CODE VIOLATIONS FROM BUSINESSES OR THAT TYPE OF THING. THEY'RE THE ONES THAT MIGHT BE WILLING TO PAY
THE COST OF THE FINE. AND SO -- >> GAVITO: YEAH.
AND THE REASON I'M ASKING, AND I DON'T WANT TO GIVE TOO MANY DETAILS OF THE CASE, BUT, YOU KNOW, WE HAVE THIS INSTANCE, WE'RE DECIDING SOMEONE WHO'S DOING WRONG AND REALLY UPSETTING NEIGHBORS IN THE PROCESS, AND WE JUST FINE THEM AGAIN AND AGAIN AND AGAIN.
AND IT'S CLEARLY A VIOLATION. AND SO TO ME, IT'S LIKE WE'RE, YOU KNOW, STUCK IN A HAMSTER WHEEL OF JUST CITING THEM AND THEM JUST GETTING OFF OF IT, EVEN THOUGH, YOU KNOW, WE'RE GETTING SOME COMPLAINTS FROM RESIDENTS ABOUT IT. SO THAT'S WHY I WAS CURIOUS, LIKE WHEN DO WE
STOP WITH THE CITATIONS AND ACTUALLY -- >> RIGHT.
AND, AGAIN, LIKE I SAID, WITH THE CRIMINAL CASES, THERE'S A LIMIT BECAUSE THE JUDGE CAN ONLY ASSESS THE FINE, EVEN IF THEY'RE FOUND GUILTY.
THEY CAN CONTINUE TO FILE VIOLATIONS FOR CONTINUING -- IF THE VIOLATIONS CONTINUE ON AND ON, THEY CAN FILE, YOU KNOW, EVERY OTHER WEEK OR EVERY WEEK OR EVERY DAY. AND ULTIMATELY, THEY MAY HAVE -- THE CITY MAY HAVE TO PROCEED WITH ALTERNATIVE REMEDIES, EITHER A LAWSUIT OR SOMETHING ELSE THAT COMES INTO PLAY WHERE THE COURT CAN THEN ORDER COMPLIANCE AND FORCE THE INDIVIDUAL TO DO WHAT THEY'RE BEING
ASKED TO DO. >> WE DO LOOK AT THE HISTORY, SO IF THERE'S A REPEAT OFFENDER, THEN THE MINIMAL FINE AMOUNTS GET LARGER AND LARGER AND LARGER. SO THEY'RE NOT GETTING A NOMINAL FINE.
>> GAVITO: THANK YOU. THAT'S ALL MY QUESTIONS. THANK YOU, CHAIR.
>> MCKEE-ROD >> PELAEZ: THANK YOU. A COUPLE OF THINGS.
THANK YOU TO THE JUDGES AND THE STAFF WHO ARE PRESENTING TO US.
IT'S EVIDENT AND PERFECTLY CLEAR THAT YOU'RE DOING THIS NOT BECAUSE IT'S YOUR JOB, BUT IT'S A LABOR OF LOVE AND YOU REALLY ARE BELIEVERS IN THE POWER OF THE WORK THAT YOU DO. I APPRECIATE IT.
THERE'S A LOT OF PEOPLE OUT THERE THAT DON'T TRUST GOVERNMENT BECAUSE THEY THINK THAT GOVERNMENT FUNCTIONARIES ARE JUST THERE TO RUIN THEIR LIVES AND JUST THERE TO CLOCK IN AND CLOCK OUT, BUT I'VE WITNESSED THE WORK THAT Y'ALL HAVE POURED INTO THIS AND I'M IMPRESSED AND GRATEFUL. BY THE WAY, IT'S NICE TO SEE YOU, JUDGE [INDISCERNIBLE] FOR ALL OF YOU THAT DON'T KNOW, SHE AND I WENT TO LAW SCHOOL TOGETHER, MY LAW PARTNER AND I AND PRETTY MUCH THE REST OF HER CLASS WOULD SIT BEHIND HER AND LOOK OVER HER SHOULDER AND COPY HER NOTES. THAT'S THE ONLY WAY WE GOT OUT OF LAW SCHOOL.
SO WITH REGARDS TO SPEEDING TICKETS, I WANT TO USE AN EXAMPLE -- AND JUDGE OBLEDO, I CAN'T SEE YOU, BUT I AM GOING TO ASK YOU THE QUESTION, I WANT TO USE THE EXAMPLE OF OUR CITY CLERK. YEARS AGO CITY CLERK THEN LETICIA VACEK GOT A VERY BRIGHT IDEA AND SAID, YOU KNOW, IT SEEMS TO US THAT THERE'S A LOT OF MONEY TO BE MADE BY PROCESSING PEOPLE'S PASSPORT APPLICATIONS, LET'S BE ONE OF THOSE CLERKS THAT DOES THAT, AND TODAY THAT'S TURNED INTO A REVENUE STREAM FOR US TO THE TUNES OF MILLIONS OF DOLLARS. AND IT GOES INTO OUR GENERAL FUND.
AND IT'S JUST CONVENIENT FOR PEOPLE -- ENTREPRENEURIAL ABOUT IT AND SHE MAY HAVE BEEN ONE OF THE ONLY DEPARTMENTS OUT THERE THAT WAS ACTUALLY CREATING REVENUE AS OPPOSED TO BEING A COST CENTER, RIGHT? IT OCCURS TO ME AS I WAS LISTENING TO THIS, IS THERE A POSSIBILITY FOR US TO BE A PROVIDER OF DEFENSIVE DRIVING
COURSES? >> I DON'T KNOW OF ANY LEGAL REASON WHY WE CANNOT BE A PROVIDER OF DEFENSIVE DRIVING COURSES, ALTHOUGH WE -- YEAH, I THINK THAT'S A SLIPPERY SLOPE, ACTUALLY.
SINCE WE ARE THE COURT, YOU KNOW, I THINK YOU NEED TO SEND IT OUT TO
OUTSIDE PROVIDERS TO DO THAT. >> PELAEZ: FORGIVE THE INTERRUPTION, MY UNDERSTANDING IS THAT ALL Y'ALL DO -- BY THE WAY, THAT'S PLURAL FOR Y'ALL, ALL Y'ALL, ALL YOU DO IS YOU JUST SAY YOU'VE GOT TO TAKE IT AND LEAVE IT UP TO THE CUSTOMER OR DEFENDANT TO PICK AND CHOOSE OUT IN THE WILD WHICH ONE OF THESE COURSES THEY WANT TO TAKE. AT THE END OF THE DAY, THEY'RE PRETTY MUCH THE SAME. I RECENTLY GRADUATED SUMMA SUMMA KEUM
[01:00:06]
LAW DAY FROM A DEFENSIVE DRIVING COURSES. MY PARENTS ARE SO PROUD.IT SEEMS TO ME THAT WOULD BE A REVENUE STREAM POSSIBILITY.
>> WELL, I KNOW THE COURSES MUST BE LICENSED THROUGH THE TEXAS LICENSE AND REGULATORY COMMISSION -- YOU KNOW, THROUGH THE STATE.
ONE OF THE THINGS THAT WE DO AT THE COURT, WE DID IT OVER THE SUMMER, IS WE PARTNERED WITH TXDOT AND THE REALITY EDUCATION FOR DRIVERS PROGRAM.
SO IN ADDITION TO A DEFENSIVE DRIVING COURSE ON SOME OFFENSES, WE ALSO ORDERED DEFENDANTS TO ALSO TAKE THAT CLASS, WHICH WAS A FREE CLASS.
AND WE DID OFFER IT AT THE COURT. WE ARE ALSO -- WE ALSO FOUND OUT RECENTLY OF FOUR DRIVING SKILLS FOR LIFE, ANOTHER FREE COURSE, WHERE PERMITTED OR LICENSED YOUNG DRIVERS PARTNER WITH PROFESSIONAL DRIVERS ON A CLOSED COURSE AND THEY ACTUALLY PUT THE IMPAIRED DRIVING GOGGLES ON AND DRIVE A CAR. SO WE'RE ORDERING KIDS TO GO TO THOSE TYPES OF COURSES AS WELL. AND BOTH OF THOSE COURSES STRONGLY ENCOURAGE THAT THE PARENT OR GUARDIAN IS THERE WITH THEM AS WELL.
BUT -- >> PELAEZ: WOULD YOU BE ADVERSE TO EXPLORING WHETHER OR NOT WE COULD -- DRIVING CLASSES, JUST FOR THE SAKE OF DEFRAYING COST.
I DON'T EXPECT US TO MAKE BILLIONS, BUT... >> WE CAN LOOK AT THAT, BUT I JUST WANT TO MAKE SURE THAT WE MAINTAIN OUR IMPARTIALITY AT THE
COURT. >> PELAEZ: OF COURSE. MAYBE IT'S NOT THE COURT, RIGHT? MAYBE IT'S THE CITY ATTORNEY'S OFFICE, MAYBE IT'S SOMETHING ELSE, RIGHT? SO THE -- RUDY, I MEAN, YOU CAN DO THE CLASSES ON -- JOE, JOE, JOE, YOU CAN DO THE CLASSES ON THE
WEEKEND. >> I'M GOING TO AGREE WITH JUDGE OBLEDO, THAT MAY BE A SLIPPERY SLOPE. YOU HAVE THE JUDGE OR THE CITY ATTORNEY THAT'S BASICALLY RECOMMENDING THE DEFENSIVE DRIVING OR ORDERING DEFENSIVE DRIVING. SO BY THE WAY, WE HAVE DEFENSIVE DRIVING HERE IN THE SAME BUILDING, SO IT'S KIND OF LIKE THE NACT THAT WE'RE BASICALLY ORDERING THEM TO DO SOMETHING AND THEN PROVIDING THAT SERVICE THAT WE'RE ORDERING THEM TO PAY FOR. IF IT'S FREE, NOT AN ISSUE. I THINK WE COULD PROVIDE FREE SERVICES ALL DAY.
BUT IF WE'RE ASKING SOMEONE TO PAY FOR A SERVICE THAT WE'RE ACTUALLY ORDERING THEM TO DO, IT MIGHT BE DIFFICULT.
>> PELAEZ: THAT'S FIRE. FAIR. I'M SORRY, I INTERRUPTED
YOU. >> I WAS JUST GOING TO SAY, YOU MENTIONED WE ORDER IT AND THEY'RE EXPECTED TO GO AND TAKE THE CLASS.
THERE NEEDS TO BE SOME LEVEL OF ACCOUNTABILITY FOR TRAFFIC VIOLATORS AS WELL. YOU KNOW, AND THAT WAS VERY IMPORTANT PART OF THE RED PROGRAM THAT WE HAD OVER THE SUMMER. SHE -- THE INSTRUCTOR WOULD HAND OUT CERTIFICATES AND IT WAS THE STUDENT'S RESPONSIBILITY TO MAKE SURE THAT THEY TURNED IT INTO THE JUDGE.
SHE WASN'T GOING TO DO THAT FOR THEM. SO THAT THEY NEEDED TO BE RESPONSIBLE FOR WHAT IT IS THEY THEY WERE SUPPOSED TO DO TO MAKE SURE THEY WERE IN COMPLIANCE WITH THE COURT.
>> PELAEZ: THAT MAKES SENSE. AND THE SECOND THING, WE'RE A CITY WITH A REALLY TERRIBLE DIGITAL DIVIDE PROBLEM, RIGHT? AND SO MUCH OF THESE DEFENSIVE DRIVING COURSES AND, YOU KNOW, SOME OF THE ELEMENTS OF THE BIPP COURSES FOR THE BATTERS INTERVENTION IS ALL ONLINE. TO WHAT EXTENT ARE WE RESPONDING TO THIS DIGITAL DIVIDE PROBLEM AND DO WE ENCOURAGE THEM, SAY, LOOK, YOU CAN GO TO DEFENSIVE DRIVING AND YOU CAN TAKE THE COURSE AT THE LOCAL LIBRARY OR YOUR SENIOR CENTER OR SOMETHING LIKE THAT, DO WE DO THAT?
>> YES, WE DO THAT. WE ALSO HAVE OUR DRIVE SAFELY SA RESOURCE AND EDUCATION CENTER AT THE COURT. WE HAVE FOUR COMPUTERS THAT COURT VISITORS CAN USE DURING COURT HOURS WHERE THEY CAN TAKE A DEFENSIVE DRIVING COURSE. WHERE THEY CAN TAKE A DRIVER'S EDCATION COURSE. THERE'S AN IMPACT COURSE THAT STUDENTS WHO ARE TRYING TO GET THEIR DRIVER'S LICENSE MUST TAKE THROUGH THE DPS WEBSITE, AND IT'S NOT COMPATIBLE WITH A TABLET OR A PHONE. IT'S ONLY COMPATIBLE WITH A DESKTOP OR LAPTOP COMPUTER, PLUS THEY HAVE TO PRINT OUT THEIR CERTIFICATE.
WE PROVIDE THOSE COMPUTER SOS THEY CAN TAKE THOSE COURSES THERE AND ALSO A PRINCE TER SO THEY CAN PRINT OUT THEIR CERTIFICATE ONCE THEY'VE COMPLETED IT. WE'RE GOING TO BE EXPANDING ON THAT AS
WELL. >> PELAEZ: AS FAR AS THE LIFE CYCLE OF A TICKET, WHAT ARE THE MECHANICS OF ACTUALLY RECEIVING THE TICKET.
ARE WE GETTING THEM SENT DIGITALLY FROM SAPD ON THE SCENE, ARE THEY BEING
TURNED IN IN PAPER FORMAT TO Y'ALL? >> YES, TO BOTH.
RIGHT NOW SAPD IS IN THE PROCESS OF GETTING NEW TICKET WRITERS.
I THINK THAT THEY SHOULD ALL BE FULLY OPERATIONAL IN OCTOBER SOMETIME, WHICH IS JUST A TREMENDOUS, YOU KNOW, BENEFIT TO NOT ONLY THE COURT, BUT ALSO TO THE PERSON WHO GETS A CITATION.
SO WE'RE HOPING THAT BY THE END OF OCTOBER, AT LEAST ALL THE TRAFFIC UNIT WILL HAVE THOSE ETICKET WRITERS, BECAUSE THAT IS VERY HELPFUL.
MY UNDERSTANDING IS PATROL IS -- THEY ARE ALL WRITING PAPER CITATIONS RIGHT NOW. I DON'T KNOW -- I DON'T KNOW IF THERE'S ANY PLANS FOR THEM TO MOVE TO A DIGITAL OPTION AS WELL, BUT THAT'S HOW PATROL
[01:05:06]
WRITES THEIR TICKET. >> PELAEZ: THEY WRITE THE PAPER TICKETS, THEN
SOMEBODY HAS TO DO THAT DATA ENTRY, RIGHT? >> EXACTLY.
>> PELAEZ: WHO DOES THAT DATA ENTRY, DO Y'ALL DO IT?
>> FRED'S TEAM. >> PELAEZ: I CAN JUST IMAGINE HOW MUCH TIME
THAT TAKES AWAY FROM Y'ALL. >> IT'S A LOT OF TIME WHEN IT'S PAPER TICKETS. THEY'LL BRING IN A WHOLE STACK, AND SOME OF THE -- YOU KNOW, DEPENDING ON WHEN THE COURT DATE IS THAT THEY'VE WRITTEN AT THE BOTTOM, SOMETIMES WE'VE ASKED THEM NOT TO WRITE A COURT DATE AT THE BOTTOM, BUT THE COURT DATE IS LIKE IN TWO DAYS SO WE NEED TO HURRY UP AND GET THOSE TICKETS ENTERED SO THEY'LL BE READY WHEN DEFENDANTS
COME IN ON THOSE TICKETS. >> PELAEZ: HAVE YOU BROKEN DOWN THE AMOUNT OF TIME IT TAKES FOR THAT
>> COUNCILMAN, JUDGE WAS CORRECT AS FAR AS THE ECITATION DEVICES.
THE ECITATION DEVICES, 65% OF TRAFFIC VIOLATIONS ARE ECITATIONS.
THE OTHER 35% IS PAPER TICKETS. BY OFFICERS THAT WRITE PAPER TICKETS. THE CHALLENGE, OF COURSE, AS YOU WELL IDENTIFIED IS HIGH INCIDENCE OF MISTAKES, YOU KNOW, THEY FORGET TO INCLUDE A VIOLATION DATES, LOCATIONS, YOU CAN'T READ THEIR WRITING, IT'S AN ISSUE. I KNOW PD'S LOOKING AT POSSIBLY SOME OTHER TECHNOLOGY SOLUTIONS TO WRITE ECITATIONS IN THE FUTURE, BUT WE'RE JUST NOT THERE YET. AND I FORGET YOUR QUESTION, COUNCILMAN.
>> PELAEZ: SO IS THERE A WAY TO BREAK DOWN THE AMOUNT OF TIME THAT Y'ALL SPEND AND PUT A COST TO THAT TO SEE WHETHER OR NOT IT'S SMARTER TO GO
ALL ECITATIONS. >> WELL, YES. WE HAVE APPROXIMATELY, DEPENDS ON THE MONTH, THTHERE'S PROBABLY ON AVERAGE FIVE TO 6FTES THAT THAT'S THEIR SOLE RESPONSIBILITY OF ENTERING TICKETS.
>> PELAEZ: WOW. >> WHEN WE GET BACKED UP, WE'LL SPREAD THEM OUT.
LIKE, FOR INSTANCE, LAST MONTH, THERE WAS OVER 13,000 TRAFFIC CITATIONS
ISSUED, AND, THEREFORE,. >> PELAEZ: AND 35% OF THEM OR MORE IS PAPER.
>> SO WE NEED MORE DATA ENTRY PEOPLE. SO WE HAVE THE ABILITY TO SPREAD THAT OUT AMONG OTHER COURT CLERKS, LIKE DO PART OF THEIR DAY DOING DATA ENTRY, SO WE'RE ABLE TO DO THOSE TYPE OF THINGS.
BUT IT IS -- IT IS TIME-CONSUMING AND PART OF THE CHALLENGE IS IF THEY'RE -- SOMETHING'S WRONG WITH THE TICKET, WE DO WHAT WE CALL A KICKBACK, AND SO IT SLOWS DOWN THE WHOLE PROCESS BECAUSE I CAN'T READ THIS. LIKE WHAT IS THIS? AND THEY HUDDLE UP TO SAY, IS THIS A 0 OR IS THIS AN O, YOU KNOW? AND THEN SOMETIMES THEY HAVE TO SEND IT BACK TO THE OFFICER, AND THAT'S A DELAY.
INDIVIDUALS COME TO COURT FRUSTRATED -- HAVE IT IN THE SYSTEM BECAUSE WE --
THE TICKET IF SOMETHING'S FLAWED WITH IT. >> PELAEZ: I'D RATHER PUT THOSE SIX FTES TO OTHER THINGS OTHER THAN DATA ENTRY, AND I MEAN, THAT IS A TREMENDOUS AMOUNT OF MONEY TA -- AND I THINK THERE'S AN OPPORTUNITY THERE FOR US TO CLOSE A GAP. AND SO I DON'T KNOW HOW WE DO THAT, BUT CAN -- MAYBE THAT'S SOMETHING I CAN CHALLENGE Y'ALL TO COME BACK AT SOME POINT AND TELL US WHAT THE LONG-TERM PLAN IS HERE.
>> WELL, ECITATION, DEFINITELY, LIKE THOSE CASES WOULD USUALLY -- OFFICER WRITES A CITATION TODAYF WE'LL USUALLY GET THAT CITATION IN OUR SYSTEM TOMORROW, AND IT ALL PUSHED ELECTRONICALLY.
>> PELAEZ: RIGHT, BUT THAT'S OVER FOR THE TRAFFIC DIVISION.
>> SO IF WE CAN GET THE OTHER PIECE, THAT WILL BE A HUGE BENEFIT.
>> PELAEZ: MAYBE IT'S NOT AN EQUIPMENT PURCHASE THING, MAYBE IT'S AN APP, RIGHT? BECAUSE I DID MEET WITH A VENDOR OF SOME -- I THINK YOU MET WITH THEM, JUDGE, THE TRUSTED DRIVER THING, AND THEY WERE TALKING ABOUT SOME APP-BASED THING. NOT CITATIONS, BUT SOME APP-BASED THING, IT SEEMS TO ME THAT HAS TO EXIST OUT THERE ON THE SHELF.
>> THE CHALLENGE WITH THOSE ECITATIONS MAKE SURE THAT THE INDIVIDUAL WALKS AWAY WITH AN ACTUAL COPY OF THE CITATION BECAUSE THAT IS A LEGAL REQUIREMENT IN THE STATUTE, AND FOR THOSE FOLKS WHO DO NOT HAVE A SMARTPHONE OR COMMUTERS TO ACCESS THAT TICKET ELECTRONICALLY , YOU HAVE TO GIVE THEM AS THEY WALK AWAY THE ACTUAL CITATION.
AND I THINK THAT'S THE CHALLENGING PIECE. >> PELAEZ: OKAY.
WELL, THANK YOU. I APPRECIATE THAT. THOSE ARE MY QUESTIONS.
>> MCKEE-RODRIGUEZ: THANK YOU. I DO WANT TO ECHO, YOU KNOW, WHAT I HEARD ABOUT THE FTES AND THAT AS WELL.
I WOULD HATE FOR US TO RUSH TO A NO ON MUNICIPAL DEFENSIVE DRIVING PROGRAM. I WONDER IF THERE'S OPPORTUNITY -- WHAT I THINK WOULD BE INTERESTING INFORMATION TO HAVE WOULD BE WHAT
[01:10:02]
WOULD IT COST FOR US TO CREATE AN ONLINE PROGRAM -- AUDIO] COURSE THAT CAN BE UTILIZED STATEWIDE AND WHAT WE COULD EXPECT REVENUE-WISE IF WE OFFER AT A LOW COST, YOU KNOW, FIVE, 10, 15, $20 PROGRAM THAT ANYONE IN THE STATE COULD USE. I WOULD JUST HATE TO WRITE THAT OFF SO SOON. I'D BE VERY, VERY INTERESTED IN EXPLORINGTHAT. COUNCILWOMAN TERI? >> CASTILLO: THANK YOU.
THANK Y'ALL FOR THE PRESENTATIONS. I FEEL LIKE THE FOLKS AND THIS COMMITTEE AND FOLKS WATCHING ON SATV GOT A FREE ST. MARY'S COURT. THANK Y'ALL. THE WORK LIKELY HELPS OUR TEENS WITH THEIR INTERPERSONAL SKILLS AND COMMUNICATION SKILLS AND FOX TECH HIGH SCHOOL HAS A GREAT LAW PROGRAM AND I'M SURE THEY PARTICIPATE AND THEY JUST HAVE A WEALTH OF KNOWLEDGE AND EXPERIENCE, THESE HIGH SCHOOL STUDENTS, AND IT'S JUST IMPRESSIVE. AND I KNOW YOU ALL PLAY A HUGE ROLE IN PROVIDING THAT OPPORTUNITY TO PARTICIPATE.
AND I WOULD BE REALLY INTERESTED IN US RECEIVING A BRIEFING ON THE COMMUNITY COURT RACHEL AND HER TEAM HAD AN OPPORTUNITY TO SIT IN ON ONE OF THOSE AND SHE SHARED IT WAS JUST REALLY -- THERE'S A LOT OF VALUE, AND I THINK IT'S WORTH PRESENTING TO THE COMMITTEE ON THE WORK THAT YOU ALL DO THERE AS WELL. IN TERMS OF THE REBILLATIVE COURSES, FOR COUNSELING STATIONS FOCUSED ON FAMILY VIOLENCE AND THE BATTERER'S INTERVENTION, TYPICALLY WHAT IS THE COST ASSOCIATED PER COURSE AND WHO ESTABLISHES WHAT THOSE
COURSES LOOK LIKE AND THE LENGTH? >> SO THOSE COURSES ARE PROVIDED BY VARIOUS -- THEY HAVE TO BE ACCREDITED BY THE STATE OF TEXAS, AND THEY VARY. SO I DID BRING COPIES FOR EVERYONE TO SEE, AND SHARE IF YOU'D LIKE TO SEE THEM. BUT THERE'S VARIOUS COURSES THROUGHOUT THE CITY. AND THE REGISTRATION COST IS ABOUT $25, AND THEN PER SESSION, IT'S ABOUT $25.
THEY ARE NOW DOING IN-PERSON AS WELL AS LIVE FEED, SO THAT SEEMS TO BE
CONDUCIVE TO PERSON'S SCHEDULES. >> CASTILLO: AND THE LENGTH OF THE COURSES, IS THAT SOMETHING THAT THE JUDGE DETERMINES HOW MANY
COURSES THEY HAVE TO TAKE? >> THE RECOMMENDATION IS DONE BY THE STATE, AND THEN THE JUDGE OBVIOUSLY HAS THE DISCRETION TO SKEW THAT, DEPENDING ON THE EGREGIOUSNESS OF THE ASSAULT.
>> CASTILLO: THANK YOU. THAT'S HELPFUL. MY TEAM AND I WERE VISITING A SHELTER AND ONE OF THE SOCIAL WORKERS -- AUDIO] -- TO SEE THE COURSES EXTENDED, BUT I DIDN'T KNOW THAT THERE AS COST ASSOCIATED, AND THAT MAY IMPACT THE COMPLETION RATES AND
ACCESSIBILITY. >> SO THAT'S THE MAIN THING, IS ACCESSIBILITY AND THAT KIND OF STUFF. SO, FOR EXAMPLE, ON A TRAFFIC CITATION, IT DOES NOT REQUIRE MENS REA, IT DOES NOT REQUIRE -- IT'S ONE WHERE -- THESE ARE INTENTIONAL CRIMES. SO WE DO TAKE THAT INTO ACCOUNT.
SO THEY DO -- THEY'RE NOT -- YOU DON'T HAVE TO PAY FOR THE PROGRAM ALL UP FRONT, THEY'RE PAY AS YOU GO, SO THEY DO KIND OF STAGGER THAT OUT FOR THE EARN P, HOWEVER ON THOSE KIND OF EXTENSIVE TYPE OF CLASSES, WE OFTENTIMES WILL AGREE TO WAIVE THE FINE INVOLVED WITH REGARDS TO -- BECAUSE IT'S A MAXIMUM OF $500 PLUS COURT COST, WE USUALLY TRY TO AGREE TO WAIVE IT IF THERE ARE FINANCIAL CIRCUMSTANCES. AND WE'LL TALK TO THE COMPLAINANTS, WE'LL BE LIKE WHAT'S THE STORY, WHAT'S GOING ON, WE TALK TO THE DEFENDANTS, WHAT'S GOING ON, IF IT'S A FINANCIAL-TYPE SITUATION, WE'RE GOING TO WAIVE THAT FINE SO THEY CAN FOCUS ON THE CLASSES.
>> CASTILLO: THANK YOU FOR THAT CLARIFICATION. THAT'S REALLY HELPFUL.
AND IN TERMS WITH THE JUVENILES AGES 10 TO 16 YEARS OLD, WHEN THEY ATTEND COURT, I THINK ABOUT -- I JUST HAD A CONVERSATION WITH ONE OF OUR SUPERINTENDENTS AND THEN POLICE OFFICER ABOUT JUST A LOT OF THE THREATS THAT WE'RE SEEING IN OUR SCHOOLS AND THE INCREASE IN GUN VIOLENCE WITHIN THE COMMUNITY AND WHAT CAN WE DO COLLABORATIVELY TO HELP ADDRESS AND TALK ABOUT THE REPERCUSSIONS OF, YOU KNOW, MAKING THESE THREATS AND, YOU KNOW, USING OR BRINGING GUNS TO SCHOOL. AND WHAT WE TALKED ABOUT WAS JUST OUR EXPERIENCE IN MIDDLE SCHOOL, RIGHT, IN THOSE INFO VIDEOS THAT THEY WOULD PLAY, WHETHER IT WAS SEX EDUCATION AND AROUND SMOKING AND THE IMPACT THAT THEY HAD TO ESSENTIALLY GET CHILDREN TO NOT TAKE ON THOSE ACTIONS. AND I'M CURIOUS, GIVEN THAT VAPING IS ONE OF THE TRENDS, IF THERE'S OPPORTUNITY TO PARTNER WITH CNE FOR JUST LIKE A VIDEO ON LOOP OF LIKE THIS IS YOUR BODY ON A VAPE OR SMOKING A VAPE PEN OR SMOKING TOBACCO AND WHETHER IT'S DETERIORATING LUNGS, WHATEVER THE CASE IS, TO JUST DEMONSTRATE TO OUR KIDS THE CONSEQUENCES OF
SOME OF THESE ACTIONS. >> COUNCILWOMAN, THROUGHOUT THE COURT, WE DO PLAY EDUCATIONAL VIDEOS, DEPENDING -- AND IN JUVENILE COURT, MOST OF THE VIDEOS ARE ABOUT VAPING AND ALSO TRUANCY. ONE OF THE CHALLENGES THAT WE HAVE, THOUGH, IS HOW DO YOU COMMUNICATE WITH SOMEBODY THAT YOUNG, YOU KNOW? WHAT WE HAVE ARE JUST SLIDES, BUT THAT'S A GOOD IDEA. WE'LL CONTACT THEM, BECAUSE IT IS SO VERY IMPORTANT. YOU KNOW, I -- I WOULD LIKE TO LOOK AT OTHER WAYS WHERE WE COULD REACH THE KIDS AND THEIR FAMILIES, BECAUSE I'M
[01:15:01]
JUST NOT SURE THAT WHAT WE ARE DOING CURRENTLY IS ACTUALLY REACHING THEM.I THINK THERE'S JUST A DIFFERENT WAY TO COMMUNICATE WITH CHILDREN
THAT AGE. >> CASTILLO: YEAH. AND THEN IN TERMS WITH THE COMMUNITY SERVICE THAT'S OFFERED IN LIEU OF FINE FOR JUVENILES, I'M CURIOUS IF THERE'S OPPORTUNITY FOR, ONE, FOR YOU TO SHARE WITH US HOW MANY JUVENILES PER COUNCIL DISTRICT GO THROUGH THE COURT AND THEN I WOULD ALSO -- WILL CONTINUE TO OFFER D5 AS AN OPPORTUNITY FOR OUR YOUTH TO COMPLETE THEIR COMMUNITY SERVICE HOURS, SO I DON'T KNOW IF THERE'S OPPORTUNITY TO JUST -- AS AN FY I, YOU KNOW, D5 IS A PLACE FOR YOU TO COMPLETE SOME OF THOSE HOURS, THAT'S SOMETHING THAT WE WOULD
LIKE TO DO IN OUR DISTRICT. >> I KNOW THROUGHOUT THE SUMMER, THE JEUF SNIEL CASE MANAGERS DO WORK WITH PARKS AND REC TO PERFORM A NUMBER OF COMMUNITY SERVICE HOURS, BUT THEY ALWAYS PROVIDE AN EDUCATIONAL COMPONENT TO IT AS WELL, IT'S NOT JUST WORK.
SO THEY'LL TRY TO TAKE THE KIDS TO A PLACE MAYBE THAT THEY HAVEN'T SEEN
BEFORE, YOU KNOW. >> CASTILLO: WOULD Y'ALL HAVE A LIST OF -- WHETHER IT'S A NONPROFIT ORGANIZATIONS OR CITY DEPARTMENTS THAT WILL SIGN OFF ON COMMUNITY SERVICE HOURS FOR YOUTH, AND THEN WHAT THAT LOOKS
LIKE? >> USUALLY -- DO YOU WANT TO -- WHO CAN SPEAK TO THE COMMUNITY SERVICE HOURS WITH PARKS AND REC?
>> WE DO PARTNER WITH THE PARKS AND RECS AND WE DO HAVE NAMES AND WE CAN GET THOSE NUMBERS FOR YOU AS FAR AS WHAT DISTRICTS AND -- THAT THEY
REPRESENT. >> CASTILLO: AND TYPICALLY, IS THAT THE ONLY OPPORTUNITY TO COMPLETE COMMUNITY SERVICE, OR ARE THERE OTHER AVENUES THAT THEY COULD GET CONNECTED FOR COMPLETION OF THOSE
HOURS? >> RIGHT NOW CURRENTLY, WE ARE PARTNERING WITH
PARKS AND REC, AND THAT'S THE ONLY ONE RIGHT NOW. >> CASTILLO: I SEE.
OKAY. WELL, THANK YOU FOR THAT.
I WOULD BE HOPEFUL TO EXPAND THAT PROGRAM FOR MORE OPPORTUNITY BEYOND PARKS, AND JUST APPRECIATE THE WORK THAT Y'ALL DO WITH THE TEEN
COURT. >> THANK YOU. >> COUNCILWOMAN, I DID HAVE SOMETHING TO ADD TO THE OTHER METHOD OF COMPLETING COMMUNITY SERVICE HOURS, THE STATUTE DOES ALLOW US TO ORDER AT OUR DISCRETION TUTORING, WHETHER THE CHILD IS BEING TUTORED OR DOING THE TUTORING AS A COMPONENT OF COMMUNITY SERVICE. SO THEY CAN UTILIZE TOW TUTORING HOURS AS WELL IN CONJUNCTION WITH ANY NONPROFIT WORK THAT
THEY DO. >> CASTILLO: THANK YOU FOR THAT.
THANK YOU, CHAIR. EXCELLENT QUESTIONS. AND YOU MENTIONED THE LOOP, THE RUNNING VIDEO OF THIS IS WHAT HAPPENS TO YOUR BODY, WHEN I WAS IN HIGH SCHOOL, AND I DON'T KNOW IF IT'S STILL TRUE, BUT HAWAII WAS THE METH CAPITOL OF THE WORLD, THE U.S. FOR SURE, I DON'T REMEMBER IF IT WAS ABSOLUTELY THE WORLD. THEY USED TO SHOW ON IN THIS CASE COLOADIAN, EVERY TV CHANNEL WOULD BE THIS METH NOT EVEN ONCE COMMERCIAL AND IT WAS ABSOLUTELY HORRIFYING. NEVER IN MY LIFE WILL I DO METH. E AND I THINK THOSE KINDS OF -- I HAVE MIXED FEELINGS ABOUT THOSE KINDS OF ADS AND CAMPAIGNS BUT THEY ARE VERY EFFECTIVE AND I'D BE VERY INTERESTED IN WHAT OPPORTUNITIES THERE ARE TO EXPLORE SOMETHING LIKE THAT. I WANT TO ECHO THAT.
I'D ALSO LIKE TO ECHO THE -- YOU KNOW, I THINK A NUMBER OF OUR COUNCIL OFFICES HAVE INTERNSHIP PROGRAMS AND OPPORTUNITIES TO VOLUNTEER AND IF IT'S A NEED FOR AN EDUCATIONAL COMPONENT TO GO ALONG WITH THE VOLUNTEER OPPORTUNITY, I THINK THAT'S SOMETHING THAT MANY OF US WOULD BE MORE THAN HAPPY TO EXPLORE AND TO CREATE OR TO COLLABORATE ON. SO I'D LIKE TO EXTEND THAT OFFER AND MAYBE WE CAN HAVE A FOLLOW-UP DISCUSSION ON HOW WE MIGHT ARRANGE SOMETHING LIKE THAT AND MAYBE HAVE A FEW CONVERSATIONS WITH OTHER DEPARTMENTS, SUCH AS METRO HEALTH, FOR EXAMPLE, COMES TO MIND, AS OPPORTUNITIES FOR NOT JUST EDUCATION, BUT VOLUNTEER OPPORTUNITIES. A NUMBER OF DEPARTMENTS,
I THINK, LEND THEMSELVES TO THAT. >> RIGHT.
WE DID -- WELL, FOR INSTANCE, WITH OUR SENIOR SUMMIT ON FRIDAY, METRO HEALTH WAS PRESENT. NEXT LEVEL WAS THERE FOR HALF A DAY, SO WE ARE TRYING TO PARTNER WITH A NUMBER OF CITY DEPARTMENTS TO PROVIDE SERVICES TO HIGH SCHOOL SENIORS AND THEIR FAMILIES THAT ARE FACING CHALLENGES GRADUATING FROM HIGH SCHOOL. WE ARE GOING TO HAVE THREE MORE SENIOR SUMMITS THIS FALL. WE WILL BE HAVING MORE IN THE SPRING, SO I WILL SHARE WITH YOU THE DATES AND THE SCHOOL DISTRICTS THAT WE'LL BE WORKING WITH, SO MAYBE IF YOU WOULD LIKE TO DROP BY TO CHAT WITH THE STUDENTS AND THEIR PARENTS, WE'D REALLY -- I THINK THAT THEY WOULD REALLY APPRECIATE THAT. BUT WHAT WE'RE REALLY TRYING TO DO IS MAKE SURE THAT THE STUDENTS AND THE FAMILIES -- WE DON'T WANT TO JUST HAND THEM A CARD AND SAY, GO CONTACT THESE PEOPLE SO THAT THEY CAN HELP YOU. WE WANT THEM TO WALK OUT INTO THE HALLWAY AND MAKE A CONNECTION WITH THOSE AGENCIES SO THAT WE CAN MAKE SURE THAT THOSE
STUDENTS ARE GRADUATING ON TIME. >> MCKEE-RODRIGUEZ: FOR SURE, IF THAT'S WHAT IT COMES DOWN TO, THEN, YOU KNOW -- AGAIN, I WOULD LOVE FOR THE OPPORTUNITY TO BE EXTENDED TO COUNCIL OFFICES AND ALSO THAT DEPARTMENT OF HUMAN SERVICES, DHS, THEY SEEM LIKE THEY WOULD -- THAT DEPARTMENT WOULD ALSO BE AN EXCELLENT VOLUNTEER OPPORTUNITY, WHAT WITH
[01:20:03]
ALL THE DIFFERENT PROGRAMS THAT -- AND SERVICES THAT THEYPROVIDE. >> YES. WE'VE MADE A CONNECTION WITH THEM AS WELL. AND THEY -- WE'RE GOING TO BE PROVIDING FINANCIAL LITERACY INFORMATION. THEY'LL HAVE A TABLE AT THE NEXT SENIOR SUMMIT.
THEY WEREN'T ABLE TO MAKE IT THIS LAST SENIOR SUMMIT, BUT THEY WILL BE AT THE NEXT ONES TO PROVIDE FINANCIAL LITERACY INFORMATION AND ALSO OTHER INFORMATION ON THE SERVICES THAT THEY PROVIDE.
SO WE'LL HAVE THEM THERE IN OCTOBER, NOVEMBER, DECEMBER IN THE COURT.
>> MCKEE-RODRIGUEZ: THANK YOU. ANY FURTHER QUESTIONS OR COMMENTS? YOUR SILENCE IS NOTED AND APPRECIATED.
THANK YOU. JUST KIDDING. THAT BEING SAID, THE TIME IS NOW 3:26 AND WE WILL ADJOURN OUR MEETING. THANK YOU ALL SO
* This transcript was compiled from uncorrected Closed Captioning.