HomeMy Public PortalAbout18-9584 Pre-arrest Diversion Program Sponsored by: Mayor Pigatt
Co-sponsored by: Vice Mayor Davis
RESOLUTION NO. 18-9584
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, DIRECTING THE CITY MANAGER AND CHIEF OF
POLICE TO DEVELOP A PRE-ARREST DIVERSION PROGRAM
WITHIN FORTY-FIVE (45) TO PRESENT TO THE CITY COMMISSION
FOR APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Pre-Arrest Diversion (P.A.D.) is an alternative to first time, non-
domestic, misdemeanor arrests and is based on an intervention and diversion model that
provides law enforcement a discretionary tool to divert eligible individuals from an arrest and
permits them to complete a program and avoid a criminal record; and
WHEREAS, any adult who commits an eligible non-violent misdemeanor or violates
a county or municipal ordinance and lives in Miami Dade or Broward County would be
eligible for the program; and
WHEREAS, individuals with any of the following would not be eligible for P.A.D.:
1) Prior criminal convictions
2) Previous felony arrests which resulted in a"Nolle Prose"
3) Completed a pre-trial diversion or pre-trial intervention program
4) Previously completed P.A.D. program or
5) Have no verifiable form of identification.; and
WHEREAS, the City Commission of City of Opa-locka finds that it is in the best
interest of the City of Opa-locka to develop a Pre-Arrest Diversion Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby directs the City Manager and Chief of Police to develop
a Pre-Arrest Diversion Program within forty-five (45) days to present to the City
Commission for approval.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Resolution No. 18-9584
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 12th day of December, 2018.
MOTION FAILED
Ate /
Matthew Pigatt
Mayor
Attest to: Approved as to form and legal sufficiency:
Joa i a Flores
T LAW ,,Cdr
City lerk t Attorney
Moved by: MAYOR PIGATT
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 3-2
Commissioner Burke: NO
Commissioner Kelley: NO
Commissioner Bass: NO
Vice-Mayor Davis: YES
Mayor Pigatt: YES