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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