HomeMy WebLinkAbout(0005) IR 20-10485 - Municipal Court Panhandling UpdateINFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 20-10485
To the Mayor and Members of the City Council September 22, 2020
Page 1 of 3
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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
Month
FY20(thru
8/31)
INDIGENT
FINDING
FY2019
INDIGENT
FINDING
FY2018
INDIGENT
FINDING
FY2017
(1/2017-
9/2017)
INDIGENT
FINDING
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
Total
227
3
440
13
498
28
168
18
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
Page 2 of 3
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SUBJECT: MUNICIPAL COURT -UPDATE ON PANHANDLING CASES
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SOLICITATION CASES DATA
Month
FY2020 (thru
8/31)
INDG
FY2019
INDG
FY2018
INDG
FY2017 (1/2017-
9/2017)
INDG
Jan
21
1
15
1
19
0
53
11
Feb
33
1
37
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
Page 3 of 3
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SUBJECT: MUNICIPAL COURT -UPDATE ON PANHANDLING CASES
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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 jail 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