By Sara-Megan Walsh, The Ledger
More than 20 members of the Polk Ecumenical Action Council for Empowerment presented their argument Monday for why Lakeland should become the first city in Polk County to offer pre-arrest diversion for minor traffic offenses.
Speaking to city commissioners, Debbie Jeffers, representing First Missionary Baptist Church in Winter Haven, shared the story of a man who was pulled over then arrested for driving with a suspended license because of cumulative unpaid traffic fines. Jeffers said the man spent a day in jail and paid thousands of dollars in fees he had to borrow from family members.
“Was his poverty a reason or rational to be arrested?” she said. “Is this the only way we can take care of restitution?”
PEACE, an organization representing 28 religious congregations across Polk, asked Lakeland commissioners to encourage Police Chief Sam Taylor to offer pre-arrest diversion for “victimless” driving offenses, such as driving with a suspended license for unpaid parking tickets.
“These people are not a threat to our community,” said Jhoanna Lunetta, a PEACE board member. “We just need LPD to make a minor change in the process so that these people are not branded for life with a criminal record.”
Kristen Hathcock, a PEACE member who identified herself as a consulting criminal justice researcher, said when an individual is arrested for a minor traffic infraction, taxpayers’ money funds both the prosecution and defense if the individual utilizes their right to a public defender.
“Each one of these arrests means huge costs at the taxpayers’ expense,” she said.
A pre-arrest diversion program was implemented by the State Attorney’s Office for the 10th Judicial Circuit in 2019. The policy allows law enforcement to withhold arrests for first-time, non-violent misdemeanors and instead order alleged violators into a program of classes or community service, allowing them to avoid arrest records.
City Manager Shawn Sherrouse said there is a specific list of misdemeanor offenses for which the State Attorney’s Office allows pre-arrest diversion. It includes writing a worthless check, petty theft, possession of cannabis or cannabis resin, possession of drug paraphernalia and illegal dumping.
The list of eligible offenses was last negotiated in 2019, Sherrouse said. He said Florida law requires law enforcement to have an agreement that spells out what infractions are eligible.
Lakeland Police Chief Sam Taylor does not have the sole authority to expand on what misdemeanors, traffic or otherwise, are eligible for pre-arrest diversion, Sherrouse said.
“If that’s the basis, we really need to go to the State Attorney’s level for expansion,” Mayor Bill Mutz said. Lunetta said PEACE has had three meetings with Taylor to discuss their interest in expanding pre-arrest diversion program before he declined additional conversations.
“The latest requests made by PEACE fall outside the guidelines of the existing approved program and our agency’s authority to modify,” LPD spokewoman Robin Tillett wrote in an email Tuesday.
In an emailed statement on Tuesday, Taylor indicated that he is not in favor of working to expand the pre-arrest diversion program for traffic infractions.
“I am not advocating for an expanded diversion program to include crimes of knowingly driving with a suspended or revoked license. Over my career, I’ve witnessed too many traffic crashes where lives were lost, and families were forever impacted by persons who chose not to maintain a valid driver’s license. I cannot see how the requested changes make our community safer,” he said.
The Florida Department of Motor Vehicles states that local law enforcement agencies can add minor traffic infractions to the list of those eligible for pre-arrest diversion at their discretion, Lunetta said.
The city manager said if PEACE has new questions or requests for information, Lakeland will be glad to respond.
“We have an opportunity for communication to take place” Mutz said.
The mayor asked city staff to find out what the state attorney might be willing to include in the pre-arrest diversion program, and then discuss how Lakeland Police Department can implement those changes.
View the original story here.
