'We are criminalizing poverty': Polk faith leaders urge wider use of pre-arrest diversion

BARTOW — Standing under a merciless midday sun, they told one story after another of people they believed had suffered from insufficient mercy.

Eddie Lake, senior pastor of New Bethel A.M.E. Church in Lakeland, talked of an 18-year-old congregant on a midnight run to Wendy’s who was pulled over for failing to make a complete stop at a sign. The man wasn’t carrying his driver’s license, and he wound up being arrested.

“He was branded for life with a criminal record for a childish mistake,” Lake said.

Lake joined an assembly of fellow clergy and lay members of the Polk Ecumenical Action Council for Empowerment (PEACE) on Tuesday afternoon at Fort Blount Park in downtown Bartow. Gathered about a mile from the Central County Jail, the advocates argued that fewer local residents should be jailed for minimal offenses.

Controversial books: Leader of group targeting Polk school library books asks police agencies to take action

Voting rights for felons: Gov. DeSantis defends voter fraud prosecutions amid increasing criticism

Marijuana arrests: Is medical marijuana legal in Florida? Yes, but why do weed arrests still happen?

The organization staged the news conference and prayer vigil to call attention to an adult pre-arrest diversion program implemented in 2019 by the State Attorney’s Office for the 10th Judicial Circuit. 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 criminal records.

Lake and other PEACE leaders applauded the local authorities for enacting the program but pushed for it to be more readily offered. Citing records from the Polk County Clerk of Courts, they said that more than 1,000 adults qualified for pre-arrest diversion in 2019, but only 120 were given the option.

“If a person is eligible for diversion, why should they not receive the process?” Lake said after the news conference. “So the plan is in place. So, the sheriff has done a good job, the state attorney has done a great job, of preparing the diversion. So they get an A for that. But because it's not being implemented, that's where the concern is. You’ve got a wonderful plan; we support that 100%. But we want to ensure that it's actually being utilized by the people who need it.”

PEACE, founded in 2001, represents about 25 local churches, ranging from Baptist and African Methodist Episcopal to Presbyterian and Catholic. The organization advocates on such issues as affordable housing, health care access and racial equality.

Tuesday’s rally drew a racially diverse group of more than 40 people. They assembled in a circle, wearing green signs labeled “PEACE” and holding placards bearing such messages as “Minor arrests harm our community,” “Branded for life” and “Set the oppressed free.”

'He was essentially arrested for being poor'

The Rev. Clifton Dollison of First Missionary Baptist Church in Winter Haven opened the demonstration by leading the group in the chant, “When PEACE shows up, justice reigns.”

Robert Frazier, a lay member from Dollison’s church, stepped to the microphone and delivered an adaptation of the hymn, “Woke Up This Morning (With My Mind Stayed on Jesus),” substituting the word “justice,” as audience members clapped and sang along.

Pastors and lay members then delivered a litany of anecdotes with a common theme: Arrests for non-violent, minor crimes often create lasting harm and disproportionately affect the poor. Some of the stories, shared from member congregations, centered on arrests for driving infractions, while others emphasized that merely having unpaid fines or fees can result in an arrest.

Some of the examples highlighted bureaucratic failings, as people were arrested over unpaid fees after payments were not processed or notices went to incorrect addresses.

Each speaker finished by leading a chant of “Second chances for minor offenses.”

Lake told of a man stopped and arrested on his way to work because of a suspended driver’s license he wasn’t aware of, resulting from a ticket a friend received while driving his car. He described a homeless man arrested for a similar offense who then accumulated a load of fines and fees.

“He was essentially arrested for being poor,” Lake said.

The Rev. Burney Hayes of Mount Sinai A.M.E. Church in Lakeland shared the experience of his son, who received a traffic ticket at age 21 and failed to pay all of his fines because of missed paperwork. After joining the military, the man had returned to Polk County to visit friends and was arrested for unpaid fines.

Hayes said his son ultimately was discharged from the military as a result.

Terry Bucher, a lay member from St. Joseph Catholic Church in Winter Haven, related the story of a congregant pulled over for a faulty taillight. An officer determined the woman had an unpaid fee and arrested her.

The woman spent a weekend in jail without medication she took to treat a mental illness, Bucher said. With her car impounded, the woman incurred fines and fees of more than $5,000, Bucher reported.

“What was the amount of her past fine that she didn’t pay?” Bucher said. “It was $5.”

The Rev. Ronnie Clark Sr., pastor of Hurst Chapel A.M.E. Church in Winter Haven and co-president of PEACE, asked how many in the audience had ever received a traffic ticket. Nearly everyone raised a hand. Clark pointed out that being unable to pay a ticket can yield an arrest and generate a cycle of escalating problems with the ability to get a job or rent an apartment.

“We are criminalizing poverty,” Clark said. “Let's be clear: People should not drive on suspended licenses, and those who do need consequences. But the diversion program gives them consequences. The only difference is they’re not branded for life with a criminal record. … We want people to have consequences without ruining their lives forever.”

Clark said that said that court systems in Pinellas and Sarasota counties have similar diversion programs but make them available to most people who are eligible, in contrast to Polk County.

Lake said Pinellas County employs a secondary screening process that Polk County could imitate. An employee of the Sheriff’s Office reviews cases of people brought to jail and points out those eligible for diversion before they are booked.

Pinellas County Sheriff Bob Gualtieri reports that nearly all facing first-time, non-violent misdemeanor charges are diverted and avoid arrest, PEACE Lead Organizer AnnMarie Silveira said.

Polk sheriff says pre-trial diversion is common

Polk County Sheriff Grady Judd said his agency offers pre-trial diversion at the discretion of officers for limited misdemeanors and only if the violator has no previous arrest record as a juvenile or an adult. The list includes writing a worthless check, failing to return rented property on time, petty theft, marijuana possession and illegal dumping.

Judd said he will not offer "categorical" diversion in lieu of arrest for non-violent misdemeanors.

"PEACE needs to understand that," Judd said. "I've said it in every kind of term to them that I know how to say it. And we're not doing that. If people don't want to engage in the criminal justice system, don't violate the law."

Judd said that communities with agencies that offer automatic pre-arrest diversion for misdemeanors have higher crime rates than Polk County, which he said is at a 50-year low for crime.

The sheriff dismissed anecdotes about people whose "lives are ruined" by misdemeanor arrests as "half-truths and fiction."

"PEACE is pushing a national agenda not to hold criminals accountable, and I'm not going to be a part of that," Judd said.

Jacob Orr, a spokesperson for the State Attorneys’ Office for the 10th Judicial Circuit, said that someone who doesn’t receive an offer of pre-arrest diversion isn’t necessarily arrested. Orr said an officer might give the person a notice to appear in court without an arrest and a trip to jail.

The State Attorney’s Office, which handles cases from Polk, Hardee and Highlands counties, offers several diversion programs for those who do wind up in court. In cases of first offenses for non-violent misdemeanors, Orr said the office typically offers some form of diversion.

The office makes decisions about whether to offer diversion on a case-by-case basis, Orr said.

Citizens who are arrested for first-time, non-violent misdemeanors often enter the same programs as those give pre-arrest diversion, Orr said. Those people are able to do community service to pay off court fees and can have their cases dismissed and their records expunged if they complete the program, Orr said.

The State Attorney’s Office referred 1,508 cases for diversion rather than prosecution for traffic offenses in the 2021 fiscal year, Orr said.

Clark, the pastor at Hurst Chapel A.M.E. Church, said that even being given a notice to appear in court creates a criminal record that can have a lasting impact. And it can cost hundreds of dollars in legal fees to have a record expunged.

Robin Tillett, a spokesperson for the Lakeland Police Department, said she didn’t have records Tuesday for how often LPD officers have directed people to an adult pre-arrest diversion program rather than making an arrest.

“The Lakeland Police Department does participate in the adult diversion program in partnership with the 10th Circuit State Attorney’s Office, when the person meets the required criteria and is willing to participate in the program to a successful conclusion,” Tillett said in an emailed statement. “The department is well invested in assisting our citizens with opportunities to live productive lives for the betterment of the entire community.”

Lake, the pastor at New Bethel A.M.E. Church, said PEACE leaders have discussed the issue with Judd and plan to continue the conversation. Clark issued a public invitation for Judd to attend a meeting on Oct. 25 at 6:30 p.m. at Hurst Chapel A.M.E. Church in Winter Haven.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on Twitter @garywhite13.

This article originally appeared on The Ledger: PEACE group wants fewer arrests for minor offenses in Polk County