Item 5: Ordinance Extending the Sunset Date for the Downtown Public Safety Zone

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Eugene Downtown Public Safety Zone Analysis January 2012 through August 15, 2012 Information about Disposition Total number of notices issued: 48 Number of notices withdrawn or never filed by EPD: 5 Number of notices dismissed: 15 Number of 90-day exclusions imposed: 22 Number of one-year exclusions imposed: 6 Information about Hearings & Advocacy Number of hearings requested: 9 Number of those who request a hearing who appear for hearing: 7 Number of requests to meet advocate: 1 Information about People Receiving Notices Number of people issued notices to appear: 42 Number who report no address: 25 Race (self-reported or officer-identified) - Caucasian: 37 Average number of police contacts per person: 63 Number who have violated DPSZ order: 11 During this period, there were 15 dismissals. Additionally, there were five notices that were withdrawn or never filed at the request of the Police Department because, upon review, the cases were deemed inconsistent with the new guidelines released by Operations Command (attached). Of the notices dismissed, five were dismissed due to judicial discretion, four were dismissed because the underlying charge was not eligible for the noticed exclusion, two were dismissed because the defendant was sentenced to prison and four were dismissed because the appropriate paperwork was not received in a timely manner by the Municipal Court. One of the significant concerns raised is the low use of the advocacy program, established to help defendants who have received a notice to appear. To increase the advocacy afforded to defendants, staff recommend providing a court-appointed attorney upon request. The proposed ordinance reflects this recommendation. EPD issues approximately 100 DPSZ-related citations per year. Providing a court- appointed attorney to these defendants is estimated to cost approximately $15,000 per year. This would increase defendants’ access to advocacy, and is intended to address the concern of due process. RELATED CITY POLICIES This topic relates to the Safe Community Vision: A community where people feel safe, valued and welcome, and increased downtown development, as well as support for small and local businesses. COUNCIL OPTIONS There are several options the council may pursue. 1.Approve the ordinance, which would extend the Downtown Public Safety Zone for two years, and provide court-appointed attorneys upon request. 2.Amend the ordinance. 3.Not approve the ordinance, which would result in the sunset of the Downtown Public Safety Zone to sunset effective November 30, 2012. S:\CMO\2012 Council Agendas\M121008\S1210085.doc