HomeMy WebLinkAboutIR 10485 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10485
To the Mayor and Members of the City Council September 22, 2020
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SUBJECT: MUNICIPAL COURT - UPDATE ON PANHANDLING CASES
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The purpose of this informal report is to brief the Mayor and City Council on current data and information
related to the filing of panhandling and related solicitation offenses with the Fort Worth Municipal Court
and summarize the process related to jail magistration. In May 2019, IR 10274 titled "The Role of
Magistrates" was previously provided to the Mayor and City Council to address the authority and related
laws for judges serving as magistrates including determination of indigence and jail commitments. Data on
case filings for Panhandling cases were provided for consideration as well.
Before diving into the data related to indigence findings it is also important to note the following:
• Almost half of the cases filed for these types of citations are non-adjudicated due to failure to
appear for court(Aggressive Panhandling 47%) (Solicitation 45%)
• This is a high mobility group who primarily are homeless, making it very hard to get cases to
adjudication and resolution
• The Court participates in the city's Directions Home program through the homeless court initiative
and will direct cases like this to that process whenever
The below statistics are for the number of Class C Aggressive Panhandling and solicitation cases filed from
January 2017 to August 31, 2020 with the Court; and number of indigence findings. Determination of
indigence is considered upon a guilty finding (adjudication) and notice by the defendant of inability to pay.
There are specific laws and guidelines for who can be determined indigent by a judge; and is on a case-by-
case basis. Based on the data the number of cases resulting in a finding of indigence is very low for the
current and prior years.
PANHANDLING CASES DATA
FY20(thru INDIGENT INDIGENT INDIGENT FY2017 INDIGENT
Month 8/31) FINDING FY2019 FINDING FY2018 FINDING (1/2017- FINDING
9/2017)
Jan 18 1 27 1 35 2 1 0
Feb 30 0 31 0 31 0 0 0
Mar 14 0 33 2 18 0 1 0
Apr 21 0 38 1 24 0 1 0
May 16 0 26 0 26 3 34 7
Jun 11 0 52 0 29 1 34 5
Jul 22 1 36 3 69 10 40 3
Aug 32 0 42 1 82 6 21 2
Sep 38 1 73 2 36 1
Oct 20 0 30 0 33 1
Nov 19 0 61 3 53 2
Dec 24 1 26 1 25 1
Grand 227 3 440 13 498 28 168 18
Total
Note: January 1, 2017-August 31, 2020 -total of 62 cases tied to 29 persons declared indigent
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10485
To the Mayor and Members of the City Council September 22, 2020
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*a SUBJECT: MUNICIPAL COURT - UPDATE ON PANHANDLING CASES
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SOLICITATION CASES DATA
Month FY2020(thru INDG FY2019 INDG FY2018 INDG FY2017(1/2017- INDG
8/31) 9/2017)
Jan 21 1 15 1 19 0 53 11
Feb 33 1 37 1 1 23 0 83 7
Mar 16 0 21 0 25 1 63 12
Apr 33 1 27 2 22 1 63 13
May 24 0 21 1 33 1 120 17
Jun 21 0 41 4 34 0 84 13
Jul 18 1 31 1 22 0 95 19
Aug 40 0 61 4 37 2 71 8
Sep 41 0 39 2 55 2
Oct 21 1 36 8 32 2
Nov 47 0 44 2 32 2
Dec 30 1 21 0 19 1
Grant Total 304 6 396 24 337 12 687 102
Note: January 1, 2017-August 31, 2020 -total of 144 cases tied to 28 persons declared indigent
JAIL PROCESSES
There are generally two primary ways a defendant can end up at the jail for a non-adjudicated Class C
citations.
1. At the time of the violation if the officer determines an arrest is necessary and they are taken to the jail
for arraignment.
2. After receiving a citation the defendant fails to appear to resolve the citation and a capias warrant (also
referred to locally as an alias warrant)is issued for failure to appear. Purpose is to bring the individual
before a magistrate to adjudicate the case(s).
Release from jail on either of these two without adjudication would result from:
• posting of a bond (cash, surety,personal) for a future court date
• release or transfer to a medical facility due to medical/mental health issue
• judge's decision to have them report to court within 30 days
• release and transfer to Tarrant County or other agency for higher charges
Our judges do not commit persons on non-adjudicated cases.
Upon adjudication defendants who fail to satisfy the judgment in a timely manner are notified by letter to
appear for a showcase hearing. If they appear at the showcause hearing, the judge will review the case(s)
with them and determine options to satisfy the fine which can include:
• payment(full/partial)
• Community Service
• Credit Time Served
• determination of indigence
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10485
To the Mayor and Members of the City Council September 22, 2020
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SUBJECT: MUNICIPAL COURT - UPDATE ON PANHANDLING CASES
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Yg73
Persons who fail to appear for the hearing may have a capias pro fine warrant issued for their arrest. The
purpose is to take them to jail for them to satisfy the judgment through payment or brought before a
magistrate if they are unable to pay for determination of other options.
In addition our current j ail contract limits the capacity (number of persons and days) to commit persons on
adjudicated cases in a capias pro fine warrant status.
Special Note: Since late March 2020 thru the writing of this IR, due to COVID -19, Class C warrants are
not accepted at the jail unless there are exigent circumstances.
If you have any questions,please contact Danny Rodgers, Chief Judge at 817-392-6715 or William F.
Rumuly, Municipal Court Director at 817-392-6736.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS