DOWNTOWN AUSTIN COMMUNITY COURT ADVISORY BOARD Special Called Meeting FEBRUARY 11, 2022 AT 8:00 AM ONE TEXAS CENTER, STE 125, TRAINING CONFERENCE ROOM 505 BARTON SPRINGS RD AUSTIN, TEXAS 78704 Some members of the COMMISSION/BOARD may be participating by videoconference Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, contact Edna Staniszewski at edna.staniszewski@austintexas.gov or at (512) 974-1260. CURRENT BOARD MEMBERS: Darilynn Cardona-Beiler, Chair Lea Downey Gallatin, Vice Chair Kergin Bedell Jason English Kate Garza Nicole Golden Susan Requejo Jocelyn Schwartz Seneca Savoie Andrew Williams AGENDA THERE MAY BE DISCUSSION AND ACTION ON ANY OF THE FOLLOWING ITEMS. CALL TO ORDER CITIZEN COMMUNICATION: GENERAL The first five (5) speakers signed up prior to the meeting being called to order will each be allowed a three minute allotment to address their concerns regarding items not posted on the agenda. 1. APPROVAL OF REGULAR MEETING MINUTES FOR JULY 16, 2021 2. AUSTIN HOMELESSNESS SYSTEM CLIENT FEEDBACK Individuals sharing first-hand account regarding their experiences being served through Austin’s homelessness system. Speakers signed up prior to the meeting being called to order will be allowed a three minute allotment to provide their feedback to the Board. 3. NEW BUSINESS A. Expand the jurisdiction of Downtown Austin Community Court. (Cardona- Beiler/Downey Gallatin) Jaclyn Gerban, Assistant City Attorney. B. Adopt 2022 Meeting Schedule – Pete Valdez, Court Administrator, Downtown Austin Community Court (DACC) C. FY 22-23 Budget Recommendations (Cardona-Beiler/Downey Gallatin) – Pete Valdez, Court Administrator, Downtown Austin Community Court (DACC) 4. OLD BUSINESS A. Status of DACC operations during COVID-19, changes in operations, any new trends noticed. Cardona-Beiler/Downey Gallatin) – Robert Kingham, Court Operations Manager, Downtown Austin Community Court (DACC) i Rapid Rehousing efforts, staffing and housing placement ii Court dockets iii DACC facility update iv Violet Keep Safe Program FUTURE AGENDA ITEMS A. Update on Intensive Case Management program evaluation project B. Update on homelessness mapping initiative ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give …
Downtown Austin Community Court Jurisdiction Recommended City Code Amendment of Section 2-10-32 – Offenses Adjudicated Proposition B – May 2021 On May 1, 2021, Austin voters approved Proposition B, making it a criminal offense (Class C misdemeanor punishable by a fine) for anyone to sit, lie down, or camp in public areas and prohibiting solicitation of money or other things of value at specific hours and locations. The above law can be found in City of Austin Code, Sections 9-4-11 (Camping), 9-4-13 (Solicitation Prohibited), 9-4-14 (Sitting or Lying down on Public Sidewalks or Sleeping Outdoors in the Downtown Austin Community Court Area Prohibited). On Sept. 1, HB 1925 took effect creating a statewide camping prohibition that is largely compatible with Austin City Code. It is Tex. Pen. Code §48.05 Prohibited Camping (Statewide). Tex. Penal Code 48.05 - Excerpts “A person commits an offense if the person intentionally or knowingly camps in a public place without the effective consent of the officer or agency having the legal duty or authority to manage the public place.” An offense under this section is a Class C misdemeanor. This section does not preempt an ordinance adopted by a political subdivision, like the City of Austin, relating to prohibiting camping in a public place or affect the authority of a political subdivision to adopt or enforce an ordinance relating to prohibiting camping in a public place if the ordinance is compatible with and equal to or more stringent than the offense prescribed by this section. Tex. Penal Code 48.05 - Excerpts Before or at the time a peace officer issues a citation to a person, the peace officer must make a reasonable effort to: (1) advise the person of an alternative place to lawfully camp; and (2) contact, if reasonable and appropriate, an appropriate official of the political subdivision in which the public place is located, or an appropriate nonprofit organization operating within that political subdivision, and request the official or organization to provide the person with: … (B) any other services that would reduce the likelihood of the person continuing to camp in the public place. If the person is arrested or detained solely for an offense under this section, a peace officer enforcing this section shall ensure that all of the person's personal property not designated as contraband under other law is preserved by: (1) permitting the person …
Downtown Austin Community Court Jurisdiction Recommended City Code Amendment of Section 2-10-32 – Offenses Adjudicated Proposition B – May 2021 On May 1, 2021, Austin voters approved Proposition B, making it a criminal offense (Class C misdemeanor punishable by a fine) for anyone to sit, lie down, or camp in public areas and prohibiting solicitation of money or other things of value at specific hours and locations. The above law can be found in City of Austin Code, Sections 9-4-11 (Camping), 9-4-13 (Solicitation Prohibited), 9-4-14 (Sitting or Lying down on Public Sidewalks or Sleeping Outdoors in the Downtown Austin Community Court Area Prohibited). On Sept. 1, HB 1925 took effect creating a statewide camping prohibition that is largely compatible with Austin City Code. It is Tex. Pen. Code §48.05 Prohibited Camping (Statewide). Tex. Penal Code 48.05 - Excerpts “A person commits an offense if the person intentionally or knowingly camps in a public place without the effective consent of the officer or agency having the legal duty or authority to manage the public place.” An offense under this section is a Class C misdemeanor. Tex. Penal Code 48.05 - Excerpts Before or at the time a peace officer issues a citation to a person, the peace officer must make a reasonable effort to: (1) advise the person of an alternative place to lawfully camp; and (2) contact, if reasonable and appropriate, an appropriate official of the political subdivision in which the public place is located, or an appropriate nonprofit organization operating within that political subdivision, and request the official or organization to provide the person with: … (B) any other services that would reduce the likelihood of the person continuing to camp in the public place. If the person is arrested or detained solely for an offense under this section, a peace officer enforcing this section shall ensure that all of the person's personal property not designated as contraband under other law is preserved by: (1) permitting the person to remove all the property from the public place at the time of the person's departure; or (2) taking custody of the property and allowing the person to retrieve the property after the person is released from custody. A fee may not be charged for the storage or release of property. Austin City Code § 2-10-1 - JURISDICTION AND AUTHORITY. “A municipal court, including the Downtown Austin Community Court …
DACC Advisory Board MEETING MINUTES Friday, February 11, 2022 SPECIAL CALLED MEETING FRIDAY, FEBRUARY 11, 2022 DACC ADVISORY BOARD MINUTES The Downtown Austin Community Court (DACC) Advisory Board convened in a special called meeting on Friday, February 11, 2022 in Austin, Texas. Chair Darilynn Cardona-Beiler called the Board Meeting to order at 8:12am. Board Members in Attendance: Chair Darilynn Cardona-Beiler, Vice Chair Lea Downey Gallatin, Kergin Bedell, Jason English, Kate Garza, Nicole Golden, Jocelyn Schwartz, Andrew Williams. Staff in Attendance: Pete Valdez, Judge Coffey, Robert Kingham, Lauren Stott, Laura Williamson, Edna Staniszewski PUBLIC COMMUNICATION: GENERAL Jeff Steinley – item #4Aiii Chris Harshbarger – item #4Aiii Hanan Levy – item #4Aiii 1. APPROVAL OF JULY 16, 2021 MEETING MINUTES o Commissioner Kergin Bedell moved to approve the meeting minutes. Commissioner Kate Garza seconded the motion. Motion passed by 8-0 vote. 2. AUSTIN HOMELESSNESS SYSTEM CLIENT FEEDBACK Individuals sharing first-hand account regarding their experiences being served through Austin’s homelessness system. Speakers signed up prior to the meeting being called to order will be allowed a three-minute allotment to provide their feedback to the Board. o None 3. NEW BUSINESS A. Expand the jurisdiction of Downtown Austin Community Court. (Cardona-Beiler/Downey Gallatin) Jaclyn Gerban, Assistant City Attorney. Presented to the board Amendment #1 – would expand the geographic jurisdiction. Amendment #2 – would allow DACC's current practices to be reflected in the code. Following some discussion, a City Legal recommended moving forward with Amendment #2, and Amendment #1 can be considered in stages. 1 DACC Advisory Board MEETING MINUTES Friday, February 11, 2022 City Manager’s Office would like to see a cross departmental meeting between Homeless Strategy Office, Municipal Court, and Austin Public Health to look at their perspectives regarding expansion. B. Adopt 2022 Meeting Schedule – Pete Valdez, Court Administrator, Downtown Austin No Action taken on this item Community Court (DACC) Chair Darilynn Cardona-Beiler proposed to move the scheduled date of March 18th to March 11th. Vice Chair Lea Downey Gallatin made a motion to approve new date. Commissioner Jocelyn Schwartz seconded the motion. Motion passed by 8-0 vote. Later, the time slot presented for discussion. Commissioner Jocelyn Schwartz made motion to move time slot to 8am and Commissioner Nicole Golden seconded the motion. Motion passed 8-0 vote. C. FY 22-23 Budget Recommendations (Cardona-Beiler/Downey Gallatin) – Pete Valdez, Court Administrator, Downtown Austin …
