AGENDA ITEM
#10
December 6,
2011
WorksessionlAction
MEMORANDUM
TO:
FROM:
County Council
Amanda Mihill, Legislative
Attorney~
J\t
Michael Faden, Senior Legislative Attorney _{\'.
~~
Robert Drummer, Senior Legislative Attorne11inJ
WorksessionlAction:
Expedited Bill
25-11,
Offenses - Curfew - Established
SUBJECT:
Public Safety Committee recommendation
(2-0-1,
Councilmember EIrich abstaining): do
not enact Bill
25-11.
Expedited Bill
25-11,
Offenses - Curfew Established, sponsored by the Council President at the
request of the County Executive, was introduced on July
12,2011.
A public hearing was held on
July 26, at which speakers articulated strong positions for and against this Bill. See select
testimony and correspondence on ©82-88. The Public Safety Committee held worksessions on
Bill
25-11
on September
15,
November 3, and December
1.
Bill
25-11
would establish a curfew for minors, prohibit certain activities during the curfew, allow
certain defenses, and specify enforcement procedures and penalties. According to the County
Executive's transmittal memorandum, Bill
25-11
is intended to address issues relating to increased
gang activity, violence, and crime involving minors in the County. The Executive noted that Bill
25-11
is similar to current laws in Prince George's County and the District of Columbia.
Representatives from the District of Columbia and Prince George's County Police Departments are
expected to attend this worksession to discuss the experiences regarding the curfews in place in
those jurisdictions.
Council staff sent a set of questions on Bill
25-11
to Executive staff requesting background
information, including crime statistics, information about potential alternatives, and effectiveness of
curfews in other jurisdictions. The Executive's responses are attached at
©14-47.1
Summary oflntroduced Bill
As introduced, Bill
25-11
would establish a curfew for minors between
11
p.m. and
5
a.m. on
Sunday through Thursday and from
12:01
a.m. until 5 a.m. on Saturday and Sunday. During the
lWe did not reprint Executive attachments F and G because they were already in this packet.
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curfew hours, a minor must not
remain
in any County public place or establishment. Executive
staff confinned that a minor could
be
cited for a curfew violation only after a police officer has told
the minor to move along and the minor refused. "Public place" is defined as "a place to which the
public, or a substantial group of the public, has access". "Establishment" is defined as "any
privately-owned place of business to which the public is invited, including any place of amusement
or entertainment". Bill 25-11 would also prohibit a minor's parent from knowingly (or by
insufficient control) pennitting a minor to remain in any public place or establishment during
curfew hours and prohibit the owner or operator of an establishment from knowingly allowing a
minor to remain at an establishment during curfew hours.
Bill 25-11 lists many situations in which a minor may lawfully remain during curfew hours. These
exceptions are if the minor is:
1)
accompanied by the minor's parent;
2)
accompanied by an adult authorized by the minor's parent to accompany the minor
for a specified period of time and purpose in a specified area;
3)
on an errand at the direction of the minor's parent, without any detour or stop, until
12:30 a.m.;
4)
in a motor vehicle, train, or bus in interstate travel through the County or starting or
ending in the County;
5)
engaged in employment, or going to, or returning home from, employment, without
any detour or stop. The minor must carry a valid work pennit issued under State
law;
6)
responding to an emergency;
7)
on the property where the minor resides;
8)
on the sidewalk that abuts the minor's residence, or that abuts the residence of a
next-door neighbor if the neighbor did not complain to the Police Department about
the minor's presence;
9)
attending an official school, religious, or other recreational activity sponsored by the
County, a civic organization, or a similar entity that takes responsibility for the
minor, or going to, or returning home from, without any detour or stop, an official
school, religious, or other recreational activity supervised by adults and sponsored
by the County, a civic organization, or a similar entity that takes responsibility for
the minor; or
10)
exercising First Amendment rights protected by the U. S. Constitution.
Additionally, an owner or operator would not be in violation of the law if the owner or operator
notified the Police Department that a minor was in the establishment during curfew hours and
refused to leave.
Bill 25-11 also specifies enforcement procedures and penalties. Under the bill, after asking an
apparent offender's age, if a police officer finds that a minor is committing a curfew violation, the
police officer must take the minor to the nearest police facility and detain the minor until the minor
can be released into a parent's custody. If no parent is available, the police can take the minor to the
minor's residence or place the minor in custody of the Department of Health and Human Services
(DHHS), who may release the minor at the end of curfew hours.
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Violation of Bill 25-11 would be a Class A violation for a parent or owner/operator of an
establishment. A civil Class A violation would carry a $500 fine for a first offense and a $750 fine
for a repeat offense. A criminal Class A violation would carry a maximum fine of $1,000 and a
6-month maximum jail term. Bill 25-11 as introduced would also allow the Court to require a
parent who violates the law to complete parenting classes. A minor who violates the curfew may be
required to perform up to 25 hours of community service.
Executive Amendments
On August 31, the County Executive submitted proposed amendments to Bill 25-11 (see redraft on
©1-8).
Council staff suggests that this redraft be treated substantively as the Bill before the
Council, subject to certain technical amendments described below.
The following Executive
amendments are ofparticular note:
Enforcement procedures/penalties.
The penalties for violating Bill 25-11 as introduced are
described above. The Executive's proposed amendments would make a violation of Bill 25-11 a
Class B civil citation for any minor, parent, or owner/operator (©7, lines 156-157; ©8, lines
170-174). The maximum fine for a Class B violation is $100 for an initial offense and $150 for a
repeat offense.
In
his amendments memo, the Executive noted that the State's Attorney believes
that if arrest authority is required in a specific situation, a police officer can use existing authority in
state law requiring individuals to obey lawful police orders. A representative of the State's Attorney
is expected to attend this worksession.
In addition, the Executive's amendments would delete the authority for a Court to require a parent
to complete parenting classes and order a minor to perform community service (©8, lines 175-180).
The County Attorney's office concluded that the County does not have the authority to empower
courts to impose these requirements.
Finally, the Executive's amendments would delete language authorizing the police to take an
offending minor to a police facility and allowing the police to release the minor into the custody of
DHHS (©7-8, lines 151-168).
Exceptions.
The Executive recommended several amendments to the exceptions to the curfew. As
we noted on page 2, the bill includes a list of situations where a minor would not be found in
violation of the curfew. The State's Attorney recommended that the bill be amended to clarifY that
these are affirmative defenses; Council staff is not sure that this change in terminology makes any
legal difference, but it is more confusing to the non-lawyer. Therefore, Council staff suggests
language changes for readability (see ©5, lines 100-102; ©7, lines 137-139). The Executive also
recommended that this list of exceptions include a minor who is attending or returning home from
"an event at a place of public entertainment" (©6-7, lines 134-136). The Executive also
recommended that the exception related to employment be amended to not require the minor to
carry a work permit (©6, lines 112-114).
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Other amendments.
The Executive's proposed amendments would also:
• alter the fmdings and purpose clauses to reflect the purpose of reducing juvenile violence,
gang· activity, and crime (and removing language indicating there has been an increase in
these activities) and preventing disturbances of the public peace (©2, lines 4, 21-22);
• amend the definition of "emergency" (©3, lines 39-41);
• delete the phrase "insufficient control" from the prohibitions related to a parent, therefore
narrowing the circumstances under which a parent could be found in violation of Bill 25-11
(©4, lines 79-80); and
.
• delete the definition of knowingly because it is a legal term that is defined in case law (©5,
lines 82-89, 92-98).
Background
Fiscal and economic impact
OMB found that Bill 25-11, as modified by the Executive's
proposed amendments, would have no fiscal impact on the County. (See the OMB Fiscal and
Economic Impact Statement at ©48-49.) OMB did not explain this conclusion or point out any
assumptions or variables used to arrive at it.
Council staff also cannot quantify any fiscal impact for the Bill, but notes that the issuance of
citations for a civil offense to minors in violation of the curfew is likely to bring some revenue to
the County since a Class B offense is punishable by a maximum fme of $100 for a first offense
and $150 for a second offense. Council staff cannot estimate the number of citations that would
be issued in a fiscal year, but we assume it would be more than
1.
Ifthe recipient of the citation
challenges it in District Court, the issuing police officer would have to appear in Court to testify.
A police officer appearing in Court for a citation while on regular duty is not out on patrol. If the
officer's appearance requires overtime by that officer or another, that involves additional cost to
the County. Whether overtime costs are significant depends on the type of enforcement used by
the Police. If enforcement is limited to situations where an officer observes a minor acting
suspicious, menacing, or potentially violent, as suggested in the Executive's Frequently Asked
Questions, then the fiscal impact should be insignificant. On the other hanq, blanket
enforcement would increase the fiscal impact.
OMB concluded that Bill 25-11, as modified, would have "no quantifiable impact on
employment, personal income, investment, property values or other economic variables." OMB
relied on information received from the County Chamber of Commerce and the Bethesda-Chevy
Chase and Silver Spring chambers. Although these organizations expressed some concern over a
potential decline on entertainment and food businesses because of the curfew, they could not
quantify this effect. OMB also concluded that the Executive's proposed modification to permit
minors to travel home from an entertainment event during curfew hours would mitigate any
adverse effect. Council staff cannot quantify this potential impact, but we doubt that the curfew
would have no affect on businesses and employment in the County urban centers. We suspect
that minors routinely spend entertainment dollars during curfew hours, and a curfew would
reduce this spending. The effect of the curfew on County businesses would also depend on the
level of overall compliance.
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Laws
in
other jurisdictions.
According to a 1997 U.S. Mayors survey of 347 cities with a
population over 30,000, 276 cities had a nighttime youth curfew (©37-46). According to a 2005
National League of Cities survey of 436 cities, more than half of those cities had a daytime or
nighttime curfew (©50-52).
As Councilmembers know, both the District of Columbia and Prince George's County have curfews
(©53-59). The Executive's proposal is very similar to the laws in both jurisdictions. The chart
below highlights differences regarding the age of the minors subject to a curfew and the curfew
hours.
Executive Proposal
Applies to minors under18
Sun-Thur: 11 p.m. - 5 a.m.
Sat-Sun: 12:01 a.m. - 5 a.m.
District of Columbia
ApQlies to minors under 17
Sun-Thur: 11 p.m. - 6 a.m.
Sat-Sun: 12:01 a.m. - 6 a.m?
Prince
George's
Applies to minors under 17
Sun-Thur: 10 p.m. - 5 a.m.
Fri-Sat: 11 :59 p.m. - 5 a.m.
I
Age
Hours
Curfew studies
Council staff has reviewed several studies assessing the effectiveness of juvenile
curfews on juvenile crime and victimization. Below is a brief summary of the conclusions of those
studies:
3
• A 1999 study by Mike Males and Dan Macallair,4 entitled "An Analysis of Curfew
Enforcement and Juvenile Crime in California" concluded that curfew enforcement had no
effect on <;:rime, youth crime, or youth safety.
• A 2000 study by Caterine Gouvis,
5
entitled "Evaluation of the Youth Curfew in Prince
George's County, Maryland", concluded the following: any impact of the law on the target
group of youth (ages 12-16) was not statistically significant; the curfew was associated with
an immediate and permanent reduction in victimization to people ages 22-25; the impact of
the law on reducing victimizations to all individuals was not significant; it could not be
concluded that the size or number of hotspot crime areas was reduced after the law; there
was no evidence of new hotspots after the law was implemented; and the hotspots of
victimization during curfew hours remained stable over 7 years.
• A 2003 study by Kenneth Adams,6 entitled "The Effectiveness of Juvenile Curfews at
Crime Prevention" concluded that the scientific evidence does not support the argument that
curfews reduce crime and victimization. The study further noted that when changes in
crime are observed, they are almost equally likely to be increases rather than decreases.
Finally, the study concluded that curfew enforcement rarely leads to discovery of serious
criminal behavior and that for the most part, curfew violators tend to be arrested for curfew­
related offenses, such as lying about age.
7
• A 2003 study by Danny Cole entitled, 'The Effect of a Curfew Law on Juvenile Crime in
Washington, D.C.", concluded that the D.C. curfew law was not effective in reducing total
juvenile crime. The study also noted that
it
is important to include all juveniles under the
July and August, the curfew hours are 12:01 a.m. until 6 a.m. all week.
3These studies are available from Council staff but are not reprinted
in
this packet because of their size.
4Published in the Western Criminology Review, San Diego State University School of Public Affairs.
5
Affiliated with The Urban Institute.
6
Affiliated with the School of Public and Environmental Affairs at Indiana University
Purdue University
Indianapolis; published in the ANNALS of the American Academy of Political and Social Science.
7
Affiliated with the University of Maryland; published in the American Journal of Criminal Justice.
2
During
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curfew law because a significant number of juvenile crimes are not targeted. The study
further notes that local governments need to implement companion crime prevention
strategies because curfew laws are not in effect during the period when juveniles are most
likely to commit crimes.
• Mr. Cole also summarized previous research on curfews and noted a 1999 report indicating
aggressive curfew and truancy enforcement in Dallas led to significant reductions in gang
violence; a 1977 report finding that a Detroit curfew reduced the relative crime during
curfew hours, but resulted in a temporal displacement of criminal activity to the early
afternoon period; a 2000 study of curfews in various cities and counties fmding juvenile
crimes and victimization rates did not decrease when new curfew laws were implemented;
and a 2000 study of the New Orleans curfew finding no significant reduction in juvenile
arrest or victimization rates, but fmding an increase in victimization rates during non-curfew
hours.
• A 2011 study by Patrick Kline
8,
entitled "The Impact ofJuvenile Curfew Laws on Arrests of
Youth and Adults", concluded that "curfews appear to have important effects on the
criminal behavior of youth" and that being subject to a curfew reduces the arrests of
juveniles below the curfew age by approximately 10% in the 5 years following enactment.
State law
During the September 15 Committee worksession, Committee members discussed the
State law that prohibits disturbing the public peace and disorderly conduct. Md. Code, Criminal
Law Article, §IO-20I(c) provides in pertinent part:
(c) (1) A person may not willfully and without lawful purpose obstruct or hinder the free
passage of another in a public place or on a public conveyance.
(2) A person may not willfully act in a disorderly manner that disturbs the public
peace.
(3) A person may not willfully fail to obey a reasonable and lawful order that a law
enforcement officer makes to prevent a disturbance to the public peace.
(4) A person who enters the land or premises of another, whether an owner or lessee,
or a beach adjacent to residential riparian property, may not willfully:
(i) disturb the peace of persons on the land, premises, or beach by making an
unreasonably loud noise; or
(ii)
act in a disorderly manner.
(5) A person from any location may not, by making an unreasonably loud noise,
willfully disturb the peace of another:
(i) on the other's land or premises;
(ii) in a public place; or
(iii)on a public conveyance.
After that worksession, Committee Chair Andrews requested written comments from the State's
Attorney describing the circumstances under which Criminal Law Article §10-201 could be used
by the Police to avoid a repeat of the gang fight that occurred in downtown Silver Spring (©60).
State's Attorney John J. McCarthy advised that the State law is reactive and requires an officer to
wait until an individual becomes disorderly and attempts to disturb the peace. Mr. McCarthy
contrasted this law with the proposed curfew which would permit an officer to approach a minor
during the curfew hours without waiting for the minor to become disorderly (©6I-63).
SAffiIiated with the University of Califomi a, BerkeleylNational Bureau of Economic Research.
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Support and opposition
Bill 25-11 has generated correspondence and testimony from supporters,
opponents, and those who do not take a position but express concerns. Because reprinting each
letter would make this packet too long, Council staff summarizes some elected officials and
organizations that have commented. This list is not exhaustive, but will provide Councilmembers
with a general idea of the positions of a variety ofpersons and organizations.
• Support:
Comptroller Peter Franchot, East County Citizens Advisory Board, Greater
Bethesda-Chevy Chase Chamber of Commerce, Greater Silver Spring Chamber of
Commerce, Safe Silver Spring, Silver Spring Urban District Advisory Committee,
Upcounty Citizens Advisory Board.
• Opposed:
Delegate Kirill Reznik, Action Committee for Transit, American Civil Liberties
Union, Fraternal Order of Police, Identity, Montgomery County Civic Federation,
Montgomery County Council of Parent-Teacher Associations, National Youth Association,
National Youth Rights Association.
• No position taken, but concerns expressed:
Advocates for Children and Youth, Mental
Health Association, Mid-County Citizens Advisory Board, Montgomery County
Collaboration Council, Montgomery County Commission on Children and Youth, Silver
Spring Citizens Advisory Board.
Legal analysis
Although courts nationwide have reviewed local curfew laws with varying results, the reported
appellate decisions that are most relevant to this County were decided by the federal
4th
Circuit
Court of Appeals (which covers Maryland), the Maryland Court of Appeals, and the District of
Columbia federal Circuit Court (whose decisions do not bind Maryland courts but can
be
persuasive) .
We will summarize those 3 cases:
9
Schleifer v. City o/Charlottesville,
159 F.3d 843 (1998)
The
4th
Circuit upheld (2-1) the City's curfew against First and Fourteenth Amendment attacks. The
majority opinion held that that the proper level of scrutiny for issues involving minors is
intermediate scrutiny, rather than either the lenient rational basis test applied to many government
actions or the more stringent strict scrutiny test generally applied to fundamental constitutional
rights. However, the majority also held that the Charlottesville curfew would survive a strict
scrutiny analysis.
The majority emphasized that the "curfew must be shown to
be
a meaningful step towards solving a
real, not fanciful problem." However, in examining the evidence offered by the City, the Court
declined to require "scientific or statistical 'proof" or to '''question the potential effectiveness of
legislative remedies designed to address societal problems'''.
9Secause of their length we did not reprint these opinions in this packet but will make copies available for
Councilmembers on request.
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Looking at the substance, the Court held that the Charlottesville curfew was an appropriate means to
achieve 3 legitimate legislative purposes: reduce juvenile violence and crime, protect juveniles from
harm, and strengthen parental responsibility for children. The Court declined to second-guess the
"legislative judgment" regarding '"the law enforcement benefit" of applying the curfew to 17-year
oids "against the greater law enforcement burden of doing so. Weighing benefits and burdens is
what legislature are about." The Court, reviewing whether a curfew would "curb (a) rising trend of
juvenile crime", concluded that '"this dispute about the desirability or ultimate efficacy of a curfew
is a political debate, not a judicial one."
The Court also concluded that "the limited scope of the curfew and its numerous exceptions would
satisfy even the strict scrutiny requirement of narrow tailoring." The Court contrasted the
Charlottesville curfew with one struck down by a federal appeals court in San Diego, where "the
exceptions...were not sufficiently detailed and comprehensive
to
make the curfew the least
restrictive means of serving San Diego's compelling ends."
In
particular, the
4th
Circuit Court
upheld the exceptions for First Amendment activities, emergencies, and activities sponsored by
civic organizations, and noted approvingly that the law's ''varying exceptions enable minors to
participate in necessary or worthwhile activities" during the curfew period.
IO
The dissent
emphasized its view that the "First Amendment rights" exception was unconstitutionally vague.
Ashton v. Brown,
339 Md. 70, 660 A.2d
447
(1995)
Faced with a factual record that strongly suggested a pattern of racially discriminatory enforcement,
the Maryland Court of Appeals sidestepped a ruling on the merits of a broad Constitutional
challenge to a Frederick City curfew ordinance. The Court of Special Appeals had held the City
law unconstitutional because it was vague and did not satisfy a compelling governmental interest.
Instead, the Court of Appeals focused on the term "event supervised by a bona fide orfanization" in
an exception to the curfew and, using existing vagueness standards, unanimously held
1
that term to
be facially unconstitutional because it "provided no clear standards" and was too ambiguous to
"allow each person to 'choose between lawful and unlawful conduct.
",12
The Court also held that the invalid phrase could not be severed from the entire law because
"Severing the invalid exemption would extend the curfew to cover situations which the City
Council intended to exclude from its scope and would partially defeat the clear purpose of the
ordinance." Thus, without further analyzing the rest of the law, the Court ruled that the entire law
was unenforceable.
IOThe exceptions in Charlottesville's curfew law were similar but not identical to those proposed in
BiI125-11
and the
Executive's amendments.
!lOne judge dissented on issues of governmental immunity from damages but concurred in the vagueness holding.
12The Court seemed especially irked by "the several conflicting interpretations of 'bona fide organization' offered in
good faith by the patties through the course of the litigation." The City Police Chief, Mayor, and City Attorney each
defmed the term differently in testimony or the City's briefs.
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Hutchins v. District ofColumbia,
188 F.3d 531, 338 U.S. App. D.C. (en bane, 1999)
The District of Columbia Circuit Court, sitting en banc, reversed the District Court and a smaller
panel of its Court and upheld the D.C. curfew law against a constitutional challenge. The Court
majority adopted the intermediate scrutiny standard used in the Charlottesville case, holding that
"To withstand intermediate scrutiny, the curfew must be 'substantially related' (rather than narrowly
tailored) to the achievement of 'important' (rather than compelling) governmental interests."
Much of the D.C. Court's majority/plurality opinion follows, and is based on, the
4th
Circuit's
analysis in the Charlottesville case. The Court noted, with regard to any diminution of parental
rights, that the D.C. curfew was "carefully fashioned much more to enhance parental authority than
to challenge
it ...
The curfew's defenses allow the parents
almost
total discretion over their children's
activities during curfew hours."
Committee RecommendationlFurther Issues for Discussion
The primary question for Councilmembers to consider is whether a curfew is warranted and
would improve law enforcement and the quality of life in the County. In making this decision,
Councilmembers can evaluate the current crime and order situations in County urban areas, the
data provided by the Executive or elsewhere, effectiveness of curfews in other jurisdictions, and
any viable alternatives (for example, Bill
35-11
or increased funds for positive youth
development programs), along with fundamental policy questions about the role of government
in limiting personal conduct.
After much discussion, the Committee recommended (2-0-1, Councilmember Eirich
abstaining) not to enact Bill 25-11. Committee Chair Andrews and Council Vice-President
Berliner did not believe a curfew measure was warranted at this time because recent crime
statistics showed a decrease in juvenile crime during curfew hours. Councilmember EIrich
abstained from voting and indicated that he expected to offer specific amendments to the Bill,
which are discussed below.
The Committee did not resolve the issues discussed below. If the Council is inclined to enact
some version of Bill
25-11,
Councilmembers should review the following specific issues
13:
Enforcement
How do the Police intend to enforce the curfew? If enacted, will the curfew be
enforced uniformly against all minors in public places during curfew hours or will the Police
selectively enforce the curfew against only certain minors? The Executive's Frequently Asked
Questions states that Police would confront "teens called to their attention due to suspicious,
menacing, potentially violent, or violent behavior". The F AQ further states that Police would
respond to groups of young people that appear threatening or where trouble has started and that
Police would not stop people only because of their potential juvenile status. Would this type of
selective enforcement open the County to charges of arbitrary and/or discriminatory enforcement
13Council staff also recommends 2 technical amendments to Bill 25-11:
(l)
language changes to the affIrmative
defense section for readability (©5. lines 100-102 and ©7, lines 137-139); and (2) including examples of which First
Amendment rights are a defense to a potential curfew violation (©6, lines 131-132).
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that rendered certain loitering laws unconstitutional? In response to these questions, Police Chief
Manger told the Committee that the Police Department would enforce the curfew bill uniformly
and consistently throughout the County. Chief Manger explained that, as with other types of
laws, such as laws against speeding and jaywalking, that Police would enforce the law based on a
Police officer's priorities at the time of the potential violation.
Executive authority
Councilmember Floreen indicated that she expects to offer an amendment
to convert the Bill's youth curfew authority to a conditional provision that only takes effect after
the County Executive has imposed a youth curfew, as needed to maintain public order, by
Executive order published in the County Register, after receiving the advice of the State's
Attorney, County Attorney, and Police Chief, for:
• the entire County or one or more designated areas of the County; and
• a specified time period.
Councilmember Floreen's amendment would also sunset the curfew law after 2 years (as of
December 31, 2013). This would assure a Council review of the need for and effectiveness of
any curfew. Councilmember Floreen's amendment is on ©80.
Councilmember EIrich indicated that he expects to offer a similar amendment, which would
specify that the time limit for any curfew would be 120 days but would not sunset the law.
Councilmember Eirich's other amendment would apply the curfew to minors under 16, rather
than under 18 as the Bill proposed. Councilmember EIrich's amendment is on ©81.
Councilmember Navarro has raised questions about Councilmember Eirich's amendments that
Councilmembers may wish to discuss (©89).
Locations
Should any curfew be limited to urban areas or Central Business Districts of the
County? While a case could be made for a curfew in, say, Silver Spring, the same factual case
almost certainly cannot be made for Poolesville or Damascus, and possibly not even Bethesda.
Executive staff argue that misbehaving juveniles will move to uncovered areas if a curfew is
geographically limited. That is hardly clear on its face; in any case, if the curfew is
geographically limited and juvenile unrest spreads as Executive staff predict, the curfew's reach
could easily be extended as needed. The D.C. Circuit Court opinion in
Hutchins
concluded that
limiting the D.C. curfew to high-crime areas, as its opponents argued, would open the District to
"charges of racial discrimination". Council staff is not sure that would be the case here at least
any more than the Executive's stated enforcement practices would open the County to such charges.
Age limit
Bill 25-11 would prohibit a minor - defined as anyone under 18, except a judicially
emancipated minor or a married minor - from remaining in a public place or establishment
during the curfew hours. Tony Hausner and Safe Silver Spring urged the Council to lower the
age limit to minors under 17 (©82-83). The curfews in D.C. and Prince George's County apply
to minors under 17. As noted above, Councilmember EIrich expects to offer an amendment to
apply the curfew only to minors under 16 (©81).
Hours
Bill 25-11 would set the curfew hours at 11 p.m. to 5 a.m. on Sunday through Thursday
and 12:01 a.m. to 5 a.m. on Saturday (i.e., Friday night) and Sunday (i.e., Saturday night). The
curfew hours in D. C. are 11 p.m. to 6 a.m. Sunday through Thursday and 12:01 a.m. - 6 a.m.
Saturday and Sunday. During July and August, the curfew hours are 12:01 a.m. to 6 a.m. every
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day. The curfew hours in Prince George's County are 10 p.m. to 5 a.m. Sunday through
Thursday and 11 :59 p.m. to 5 a.m. Friday and Saturday. The Council received correspondence
from constituents urging that the curfew hours be based not on day of the week, but on whether
the following day is a school day. The Silver Spring Chamber of Commerce, while supporting
the curfew, urged the Council to set a later curfew hour during the summer months, similar to the
D.C. law (©84).
Exceptions
Bill 25-11 contains many exceptions (see pages 2 and 3), most of which are derived
from curfew laws elsewhere.
The First Amendment rights exception, while probably
constitutionally required, is quite broad; for example, it could be read to apply to a single teen­
ager because he or she is wearing a shirt saying "No curfews!" or another political or social
opinion. As already noted, Council staff suggests a technical amendment to specify examples of
which First Amendment rights would be covered..
Questions also have been raised about whether other exceptions are necessary. For instance, the
Council was asked whether the exceptions in the Executive's draft allow minors to take early
morning fishing trips without a parent or take a camping trip with a group of friends who are all
under the age of 18 (©85).
Jane Redicker, representing the Greater Silver Spring Chamber of Commerce, urged the Council
to add an exception providing that owner/operators of establishments could not be cited for
employing minors after curfew hours. As proposed, Bill 25-11 prohibits an owner or operator of
an establishment from knowingly allowing a minor to remain at an establishment in the County
during curfew hours. The Bill contains an exception for minors who are engaged in
employment, or going to or returning home from employment without any detour or stop, but
it
has no parallel exception for the employer. Council staff drafted the following language to be
inserted at ©7, lines 137-141:
ill
I!
is not
~
violation of subsection
l£2W
if
the owner or operator of
an establishment:
tAl
employs a minor during curfew hours: or
(Ill
promptly notified the Police Department that
~
minor was
present in the establishment during curfew hours and
refused to
Teenage drivers and passengers
Action Committee for Transit (ACT) opposed Bill 25-11,
arguing that the curfew would be enforced against minors on foot or in public transit, but not in
cars (©87). ACT may be referring to the exception in Bill 25-11 for a minor "in a motor vehicle,
train, or bus in interstate travel through the County or starting or ending in the County".
An
interstate travel exception may be constitutionally required; Council staff would have to research
that further. In any case, state law prohibits provisional drivers license holders under 18 from
driving between midnight to
5.
a.m., with certain exceptions.
14
Sunset
In its initial letter expressing concerns about Bill 25-11, the Greater Bethesda-Chevy
Chase Chamber of Commerce urged the Council to adopt a one year sunset for the curfew so that
its impact and need can be reviewed at a time certain (©88). Although the Chamber now
14
See Md. Code, Transportation Article,
§
16-113(d).
11
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supports Bill 25-11, a 1- or 2-year sunset may be an appropriate way to assure that the curfew is
having the intended effect. As already mentioned, Councilmember Floreen's "Executive
authority" amendment includes a 2-year sunset provision.
This packet contains:
Executive redraft ofBi1125-11
Legislative Request Report
Introductory memo from County Executive
Executive redraft memo
Executive memo with responses to Council questions
Fiscal Impact Statement
National League of Cities survey
D.C. and Prince George's County curfew laws
Memo from Chair Andrews re state law
Memo from State's Attorney
Executive curfew F AQ
Positive youth development information
3
rd
District Staffing update
Councilmember Floreen amendment
Councilmember EIrich amendment
Select testimony and correspondence
Safe Silver Spring
Greater Silver Spring Chamber of Commerce
Jerome Oden
Action Committee for Transit
Greater Bethesda-Chevy Chase Chamber of Commerce
Councilmember Navarro memo
Circle #
1
9
10
11
14
48
50
53
60
61
64
70
77
80
81
82
84
85
87
88
89
F;\LAw\BILLS\1I25 Curfew\Council Memo 12-6.Doc
1.2
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Expedited Bill No.
_--,2=5~-..:...11,--
_ __
Concerning: Offenses - Curfew -
Established
Draft No. 3
Revised:
11/28/2011
Introduced:
July 12. 2011
Expires:
January 12. 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
...:N..!.::o::.:..;n~e
_ _ _ _ __
Ch. _ _. Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN EXPEDITED ACT
to:
(1)
establish a curfew for minors;
(2)
make certain flndings;
(3)
prohibit certain activities during the curfew;
(4)
provide for certain defenses;
(5)
establish enforcement procedures and penalties; and
(6)
generally amend County law relating to offenses and curfews.
By adding
Montgomery County Code
Chapter 32, Offenses Victim Advocate
Section 32-23A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
...
...
...
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Exi~ting
law unaffected by bil/.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 25-11
1
Sec
1.
Sections 32-23A is added as follows:
32-23A. Curfew.
{ill
2
3
4
5
6
Findings and Purpose.
ill
[[There has been an increase
in]]
A curfew for minors will help
reduce juvenile violence, juvenile
ggng
activity, and crime
hv
minors in the County.
7
8
9
10
11
12
ill
Minors are particularly susceptible, because of their lack of
maturity and experience, to participate in unlawful and gang­
related activities and to be the victims of crime.
ill
The County [[is obligated to]] should provide for:
®
the protection of minors from each other and from other
persons;
13
14
.em
(C)
the
enforcement
of parental
control
over,
and
responsibility for, children;
the protection of the general public; and
the reduction of the incidence of juvenile criminal
activities.
(1}
A curfew for minors is in the interest of the public health,
15
16
.em
17
18
19
20
safety, and general welfare and will help to attain these
objectives and to diminish the impact of unwanted conduct on
County
residents~
21
including the prevention of disturbances to
22
23
24
the public peace.
ill
A curfew law will protect the welfare of minors by:
®
reducing the likelihood that minors will be the victims of
criminal acts during the curfew hours;
25
26
.em
reducing the likelihood that minors will become involved
in criminal acts or exposed to trafficking in controlled
27
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EXPEDITED BILL
No. 25-11
28
substances during the curfew hours; and
(Q
29
30
aiding parents in carrying out their responsibility to
exerCIse reasonable supervision of minors entrusted to their
care.
(hl
Definitions.
31
32
33
34
In this Section, the following tenns have the meanings indicated:
Curfew hours
means from
11
p.m. on any Sunday, Monday, Tuesday,
35
36
37
38
39
40
41
42
43
44
45
46
Wednesday, or Thursday, until
~
a.m. the following day, and from
12:01 a.m. until
~
a.m. on any Saturday or Sunday.
Drug trafficking
means the act of engaging in any prohibited activity
related to controlled dangerous substances as defined in State law.
Emergency
means [[an unforeseen combination of circumstances or
the resulting state that calls for immediate action.
Emergency
includes]]
S!
fire, natural disaster, automobile accident, or any situation
that requires immediate action to prevent serious bodily injury or loss
oflife.
Establishment
means any privately-owned place of business to which
the public is invited, including any place of amusement or
entertainment.
Minor
means any person under
~
47
48
49
50
51
52
years old, but does not include
S!
judicially emancipated minor or
~
married minor.
Operator
means any individual, finn, association, partnership, or
corporation that operates, manages, or conducts an establishment.
Operator
includes the members or partners of an association or
partnership and the officers of
S!
corporation.
Parent
means:
53
54
ill
natural parent;
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ExPEDITED BILL
No. 25-11
55
56
57
ill
ill
ill
ill
adoptive parent;
step-parent;
any person who has legal custody or is the guardian of
~
minor
.!2y
court order or marriage;
.
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
!£.)
any person who is at least 21 years old who is authorized
.!2y
~
natural parent, adoptive parent, step-parent, or custodial parent
of
~
child to act as
~
caretaker for the child; or
®
f!
public or private agency with whom
~
minor has been placed
.!2y
~
court.
Public place
means any place to which the public, or
~
substantial
group of the public, has access.
Public place
includes any street,
highway, and common area of
f!
school, hospital, apartment house,
office building, transport facility, or shop.
Remain
means to linger, stay, or fail to leave
~
public place or
establishment when requested to do so
.!2y
f!
police officer or the
owner, operator, or other person in control of the public place or
establishment.
Serious bodily injury
means bodily injury that creates
~
substantial
risk of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
Prohibitions.
ill
Minor.
A minor must not remain in any public place or
establishment in the County during curfew hours.
ill
Parent.
A parent of
~
minor must not knowingly [[permit, or
.!2y
insufficient control]] allow, the minor to remain in any
public place or any establishment in the County during curfew
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EXPEDITED Bill
No. 25-11
82
hours.
[[The term "knowingly" includes knowledge that
~
~
83
parent should reasonably be expected to have concerning the
location of
minor in that parent's legal custody.
This
requirement is intended to hold
~
neglectful or careless parent to
f!
reasonable community standard of parental responsibility
84
85
86
87
88
through an objective test.
It
~
therefore, no defense that
~
parent did not know of the activities, conduct, or location of the
minor.]]
89
90
91
92
93
ill
Owner or Operator.
The owner or operator of an
~
establishment must not knowingly allow
minor to remain at
[[The
an establishment in the County during curfew hours.
term "knowingly" includes knowledge that an owner or
operator should reasonably be expected to have concerning the
patrons of the establishment. The standard for "knowingly"
must be whether
~
94
95
96
97
98
99
reasonable person in the position of the
owner or operator should have known that the patron was
f!
minor committing
~
curfew violation.]]
@
[[Affirmative]] Defenses.
100
101
102
103
ill
It
is [[not]] [[an affirmative defense to]] not
~
violation of this
Section if
~
minor shows that during curfew hours the minor
was:
®
{ill
accompanied
by
the minor's parent;
accompanied
by
an adult authorized
by
the minor's
parent to accompany the minor for
f!
specified period of
time and purpose in
~
specified area;
104
105
106
107
108
(Q)
on an errand at the direction of the minor's parent,
without any detour or stop, until 12:30 a.m.;
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ExPEDITED BILL
No. 25-11
109
ill}
in
~
motor vehicle, train, or bus in interstate travel
110
through the County or starting or ending in the County;
111
112
113
114
an
engaged in employment, or going
!Q.,.
or returning home
from, employment, without any detour or stop[l The
minor must
fillIY
~
valid work permit issued under State
law]];
115
116
117
118
m
(Q}
responding to an emergency;
on the property where the minor resides;
on the sidewalk that abuts the minor's residence, or that
abuts the residence of
~
(H)
next-door neighbor if the
119
neighbor did not complain to the Police Department
about the minor's presence;
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
(K)
ill
attending or returning home from. without any detour,
an official school, religious, or [[other]] recreational
activity sponsored
hY
the
County,
~
civic organization,
or
~
similar entity that takes responsibility for the minor
at the event [[.,. or going
!Q.,.
or returning home from,
without any detour or stop, an official school, religious,
or other recreational activity supervised
sponsored
hY
adults and
~
hY
the County,
~
civic organization, or
similar entity that takes responsibility for the minor; or]]
ill
exercising First Amendment rights protected
hY
the
United States Constitution. including free exercise of
religion. freedom of speech. and the right of assembly
[[J]QG
attending or returning home from. without any detour.
an event at a place of public entertainment. including
a.
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ExPEDITED BILL
No. 25-11
136
movie, concert, play, or sporting event.
137
138
139
ill
It
is [[not]] [[an affirmative defense to]] not
~
violation of
subsection (c )(3) if the owner or operator of an establishment
shows that the owner or operator promptly notified the Police
Department that
~
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
minor was present in the establishment
during curfew hours and refused to leave.
ill
Enforcement procedures.
ill
Before taking any enforcement action under this Section,
f!
police officer must ask an apparent minor's age and reason for
being in the public place or establishment. The officer must not
issue
f!
citation [[or make an arrest]] under this Section unless
the officer reasonably believes that:
®
an offense has occurred; and
based on any response and other circumstances, no
condition in subsection @ applies.
.an
ill
If
f!
police officer finds that
f!
minor is committing
f!
curfew
offense, the police officer [[must take the minor to the nearest
available Police facility, substation, or other area designated
.Qy
the Police Department, and detain the minor until the minor can
be released to the custody of the minor's parent or an adult
acting in loco parentis]] may issue a civil citation and order the
minor to go home promptly.
[[ill
The minor's parent or an adult acting in loco parentis with
respect to the minor must be called to the Police facility,
substation or other designated area to take custody of the minor.
A minor who is released to
f!
person acting in loco parentis with
respect to the minor must not be taken into custody for violation
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EXPEDITED BILL
No. 25-11
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
of this Section while returning home with the person acting in
loco parentis. If no person claims responsibility for the minor,
the police may take the minor to the minor's residence or place
the minor in the custody of the Department of Health and
Human Services, who may release the minor at
morning.]]
~
a.m. the next
ill
Penalties.
ill
Any mmor, parent... or any owner or operator of an
establishment who violates this Section has committed
!!
separate offense for each day, or part of
!!
day, during which the
violation is committed, continued, or permitted. Each offense
is
!!
Class [[A]] B violation.
[[ill
The Court may also require one or more parent of
!!
minor, after
each conviction for violating this Section to complete parenting
classes.
ill
A minor found to have violated this Section by the Juvenile
Court may be ordered to perform
!ill
to 25 hours of community
service for each violation.]]
Sec 2.
Expedited Effective Date.
The Council declares that this Act is necessary for the immediate protection
of the public interest. This Act takes effect on the date when
it
becomes law.
Approved:
185
Valerie Ervin, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 25-11
Offenses
-
Curfew
-
Minors
DESCRIPTION:
This bill imposes a curfew on youth under the age of 18 years from
Midnight to 5:00 am on Saturday and Sunday and from 11 :00 pm to
5 :00 am on the remaining days of the week.
This bill is intended to address issues relating to increased gang
activity, violence, and crime involving minors in the County.
Youth under the age of 18 are particularly susceptible, because of
their lack of maturity and experience, to participate in unlawful and
gang-related activities and to be the victim of older perpetrators of
crime. Enactment of this bill will protect the welfare of minors by:
(1) reducing the likelihood that minors will
be
the victims of criminal
acts during curfew hours; (2) reducing the likelihood that minors will
become involved in criminal acts or exposed to criminal acts during
curfew hours; and (3) aid parents in carrYing out their responsibility
to exercise reasonable supervision of minors entrusted to their care.
The bill will also protect the general public from juvenile related
criminal activity.
Department of Police, Office of the State's Attorney
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
This bill is similar to laws that currently exist in the District of Columbia
and Prince George's County.
Police Chief Tom Manger
Assistant Chief Administrative Officer Kathleen Boucher, 240-777-2593
All except Gaithersburg, Garrett Park, Kensington, Laytonsville,
Poolesville, Rockville, Somerset, Washington Grove
Class A
SOURCE OF
Il'i'FORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
F:\LAW\BfLLS\1125 Curfew\LRRI.Doc
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
,
J
""-;
Isiah Leggett
County Executive
MEMORANDUM
Z
July 11,2011
-:
-~
TO:
Valerie Ervin, President
Montgomery County Council
Isiah Leggett, County Executive
FROM:
SDBJECT:
-P
~,...----
l
~
Proposed Legislation Establishing a Curfew for Minors
I am transmitting for Council introduction an expedited bill that creates a curfew
for youth under the age of 18 years, as well as a Legislative Request Report for the bill. This bill
is similar to curfew laws that already exist in Prince George's County and the District of
Columbia.
This bill is intended to address issues relating to increased gang activity, violence,
. and crime involving minors in the County.
It
imposes a curfew from Midnight to 5:00 am on'
Saturday and Sunday and from 11 :00 pm to 5 :00 am on the remaining days of the week.
Youth under the age of 18 are particularly susceptible, because of their lack of
maturity and experience, to participate in unla\Vful and gang-related activities and to be the
victim of older perpetrators of crime. Enactment of this bill will protect the welfare of minors
by: (1) reducing the likelihood that minors
vvill
be the victims of criminal acts during curfew
hours; (2) reducing the likelihood that minors will become involved in criminal acts or exposed
to criminal acts during curfew hours; and (3) aid parents in carrying out their responsibility to
exercise reasonable supervision of minors entrusted to their care. The bill will also protect the
general public from juvenile related criminal activi.ty.
I would greatly appreciate Council's expedited review of this bilL
If
you have
any questions about the bill, please contact Assistant Chief Administrative Officer Kathleen
Boucher at 240-777-2593 or Kathleen.boucher(cV,montgmoerycountvmd.gov.
r•
AttacD..ment
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
August 31, 2011
TO:
Valerie Ervin
Council President
Isiah Leggett
County Executive
FROM:
SUBJECT:
--A.
~'
r-"-_
-
Recommended amendments to Bill 25-11, Offenses - Curfew - Established
I want to thank the Council for introducing Bill 25- I 1, Offenses - Curfew ­
Established on my behalf on July 12 and promptly holding a public hearing on the bill on July
26. Based on testimony provided at the public hearing and feedback I have received from the
State's Attorney and other County residents, I would like to recommend a number of
amendments to clarify the intent of the bill and the manner in which it would be implemented. I
am attaching an amended version of the bill that reflects all of my recommended amendments.
Each of the amendments is discussed in more detail below.
Legislative
Intent
I recommend that language be added to clarify that the intent of the bill is to
reduce juvenile violence, juvenile gang activity, and juvenile crime
in
the County and prevent
disturbances of the public peace, in addition to protecting minors from each other and other
persons and enforcing parental responsibility for children (see lines 4 and 21-22).
Civil Citation
The bill currently specifies that a curfew violation is a Class A violation but does
not specify whether the violation is criminal or civil. This is similar to other existing County
Code provisions relating to certain types of offenses, which can be enforced either criminally or
ciVilly. However, based on advice from the State's Attorney, I recommend that the bill
b~
amended to make a curfew violation a Class B civil offense that is punishable by a maximum
fine of $1 00 for a first offense and $150 for a second offense (see lines 138-170). If arrest
authority is needed in a situation involving a curfew violation, the State's Attorney believes that
a police officer could use existing authority granted under §10-201(c)(3) of the Criminal Law
Article to arrest an individual who disobeys an order made by a police officer to prevent a
disturbance of the public peace.
®
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Valerie Ervin, Council President
August 31, 2011
Page
2
Penalties
I
recommend that the bill be amended to delete language that allows a court to
require a parent of a minor who violates the curfew law to complete parenting classes and to
order a minor to perform up to 25 hours of community services (see lines 171-176). According
to the County Attorney's office, the County does not have authority under State law to authorize
courts to impose these types of requirements. However, courts already have authority under
State law to impose them in some circumstances (e.g., as conditions of probation before
judgment).
Emergency
Under the bilI, a minor may not be cited for a curfew violation if the minor is
responding to
an
emergency.
I
recommend that the definition of"emergency" be clarified by
deleting language that could be construed to make the definition internally inconsistent (see lines
39-41).
Parental Responsibility
The bill prohibits a parent from "knowingly" or "by insufficient control" allowing
a minor to remain in any public place or establishment during curfew hours. Based on advice
from the State's Attorney,
I
recommend deleting the reference to "insufficient control" because it
is too vague (see lines 79-80).
Definition of "Knowingly"
Based on advice from the State's Attorney, I recommend deleting the definition of
"lmowingly" from the bill because this is a legal term of
art
that is defined in case law and does
not need to be defined in the County Code (see lines 83-89 and lines 92-98).
Affirmative Defenses
The bill includes a broad list of circumstances under which a minor may be in a
public place or establishment during curfew hours, including situations when a minor is:
(1)
accompanied by a parent;
(2) accompanied by an adult authorized by the minor's parent to
accompany the minor;
@
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Valerie Ervin, Council President
August 31 , 2011
Page
3
(3)
on
an
errand at the direction of the minor's parent without any detour
or stop, until 12:30 a.m.;
(4)
in a motor vehicle, train, or bus in interstate travel through the County
or starting or ending in the County;
(5)
engaging in employment, or going to, or returning home from
employment, without any detour or stop (while carrying a valid work
pennit issued under State law);
(6)
responding to
an
emergency;
(7)
on the property where the minor resides;
(8)
on a sidewalk that abuts the minor's residence or the residence of a
next-door neighbor
if
the neighbor did not complain to the Police
Department about the minor's presence;
(9)
going to, attending, or returning home from an· official school,
religious, or recreational activity sponsored by the County, a civic
organization, or a similar entity that takes responsibility for the minor at
the event; or
(10)
exercising First Amendment rights protected by the United States
Constitution.
Based on advice from the State's Attorney,
I
recommend that the bill be amended
to clarify that all of the circumstances in this list constitute affirmative defenses to a curfew
violation (see lines 100 and 134). I also recommend that
this
list be expanded to include a minor
who
is
attending or returning
home
from, without any detour, an event at a place of public
entertainment, including a movie, concert, play, or sporting event (see lines 131-133). Finally, I
recommend that the requirement to carry a valid work pennit referenced in item
(5)
above be
deleted as unnecessarily restrictive because possession of a work permit is only one way for
a
police officer to confirm that a minor
is
involved in a work related activity (see lines 111-113).
Thank you for your consideration of these recommended amendments.
c:
Tom Manger, Police Chief
John McCarthy, State's Attorney
Marc Hansen, County Attorney
Kathleen Boucher,
ACAO
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
September 13,
20n
TO:
FROM:
SUBJECT;
Valerie Ervin, Council President
/J~
Isiah Leggett, County
ExeCUtiV~
~
Bill
25-11,
Offenses - Curfew - Established
This memorandum responds to questions regarding Bill
25-11,
Offenses ­
Curfew - Established that Council staff fonvarded to Executive staff on behalf of the Council on
July
28,2011,
August
15,2011
and August
19,2011,
respectively. Thank you for the
opportunity to provide this input. I look fonvard to working with Council as it moves fonvard
with
its
consideration of this bill.
1.
Please explain in detail the justification for imposing this type of measure?
Establishing a limited youth curfew in the County is a proactive step that is
intended to help reduce juvenile violence, juvenile gang activity, and juvenile crime in the
County, prevent disturbances ofthe public peace, protect minors from each other and other
persons, and support parental responsibility for children.
A youth curfew will help police head offjuvenile crimes before they occur,
protect minors from being lured into participating in criminal activity or becoming the victim of
crimes, and promote parental involvement in a child's upbringing. The youth curfew established
by Bill
25-11
is a balanced approach that includes various exemptions for youth who are
engaged in necessary and worthwhile activities during curfew hours.
Montgomery County is particularly vulnerable to becoming a place where youth
congregate
in
large numbers late at night because Prince George's County and the District of
Columbia already have curfew laws. One recent example of that vulnerability was an incident
over the July
4th
weekend which involved a large group of about 70 youth who congregated in
the Silver Spring Central Business District (CBD). As police sought to gain control of the
situation, the large group broke into smaller groups and began moving around the area, avoiding
the police but alternatively fighting with each other and ultimately resulting
in
a serious stabbing.
Despite the immediate and high number of responding officers the situation was difficult to
controL It was later learned in police interviews that many of the youth had flocked to Silver
Spring because ofthe curfews in Prince George's County and the District of Columbia.
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Valerie Ervin, Council President
September 13,2011
Page 2
The public safety challenges associated with youth who congregate late at night in
public places are not limited to areas of our County that are easily accessible from neighboring
jurisdictions or to situations involving youth from other jurisdictions. The recent "mass theft"
which occurred in August involving approximately 25 County youth at a 7-Eleven store in
Germantown just before 2:00 a.m. is a glaring example of the challenges that exist in various
parts of the County.
Police are not able under current law to adequately manage large groups of teens
that gather for the purpose of intimidation, violence, or criminal activity. A limited youth curfew
law is an important tool to help police officers prevent problems that arise out of these
challenging situations. A curfew would help prevent our youth, other residents, and businesses
from becoming victims of unlawful behavior close to and during the curfew hours. Preventing
problems is easier and less costly than fixing problems after they escalate.
Bill 25-11 would give County police officers the same tool that Prince George's
County and District of Columbia police officers have to prevent unlawful behavior and
victimization.
It
would help the County manage the influx of youth coming from those curfew­
regulated jurisdictions who engage in criminal activity as well as problems that arise when large
groups of our own County youth congregate late at night. It would protect minors from being
lured into crime or becoming a victim of crime. A by-product of the curfew law could be
assisting parents and guardians who have difficulty getting their teens to adhere to family­
established curfews.
2.
What data do we have on juvenile crime
in
the county? Is
it
trending up?
What about crime against juveniles? What data do we have on the time of
day that crimes committee by or against juveniles occur?
In recent years the number ofjuvenile arrests and the number ofjuvenile arrests
as a percent of total arrests have increased in the County. The total number ofjuvenile arrests
increased from 1,548 in 2006 to 2,626 in 2010 (see
Attachment
A).
During that same time, the
total number of adult arrests declined. As a result, juvenile arrests as a percent of total arrests
increased from 12% in 2006 to 21 % in 2010 (see
Attachment
A).
Between 2009 and 2010, the total number ofjuvenile arrests increased by 730.
As shown in the table below, that increase is due in large part to the increase in the number of
juveniles arrested for larceny, assault, and controlled dangerous substance (CDS) offenses.
1
Larceny
I
Assault
!
20091
438
I
143
1
440
I
CDS
2010
691
293
594
Change
57.8%
104%
35%
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Valerie Ervin, Council President
September 13,2011
Page 3
The number of adult arrests during curfew hours remained fairly steady in 2009,
2010, and 2011, with a slight decrease from 2,046 to 1,972 between 2009 and 2010. See
Attachment B.
Regardless of that decrease, these numbers indicate that there is significant
adult criminal activity during curfew hours which poses a risk to the safety ofminors who may
become victims or be lured into participating in criminal activity. Juvenile arrests during curfew
hours decreased somewhat from 774 to 646 between 2009 and 2010 but are still at unacceptably
high levels. See
Attachment B.
With one caveat,
Attachment B
shows the number of arrests (adult and juvenile)
for all crimes that were made during the proposed curfew hours in 2009, 2010, and the first
seven months of2011. In the aggregate, there were 5,139 adult arrests and 1,766 juvenile arrests
made between January 2009 and July 20U during the 6-hour period between 11 :00 p.m. and
5:00 a.m.
The one caveat relates to available data for juvenile arrests as captured in the
Juvenile Justice Information System (JJIS). The actual time of arrest is .not captured
in
JJIS, only
the "start time" of the crime. Typically, for crimes such as robbery or assault, the nature of the
crime allows for collection of better data regarding the exact time of the crime. Arrests for
"crimes against a person" are more contemporaneous with the occurrence of the crimes so the
"arrest time" is more likely to be accurately related to the "start time" for the crimes. However,
for a crime such as burglary or theft, the exact time of the occurrence is not known and a suspect
typically is not seen. For these types of crimes, if an arrest is made at any time, the "arrest time"
is shown as the "start time" for the event. For example, if a report shows that a burglary
occurred between 8:00 a.m. and 5:00 p.m. and the juvenile was arrested at midnight, the arrest
would not be reflected
in
Attachment B.
On the other hand, if a burglary or theft occurred
at midnight and the juvenile was arrested at 8:00 a.m., the arrest would be reflected
in
Attachment B.
Attachment
C provides a strict "apples to apples" comparison of available data
.'
by showing the number of arrests (adult and juvenile) for all crimes except burglary and theft
that were made during the proposed curfew hours in 2009, 2010, and the seven months of2011.
In the aggregate, there were 4,609 adult arrests and 1,515 juvenile arrests made between January
2009 and the first seven months of 2011 during the 6-hour period between
11
:00 p.m. and 5:00
a.m.
In addition to adult and juvenile arrests that occur during curfew hours, police
officers receive thousands of cal1s for service each year during the proposed curfew hours that
result
in
written reports of crime for which no arrest ismade or for which criminal or civil
citations are issued without an arrest.
Attachment D
shows data relating to calls for service in
2009,2010, and first seven months of2011 between 11:00 p.m. and 5:00 p.m.
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Valerie Ervin, Council President
September 13,2011
Page 4
In terms of data relating to juveniles who are victims of crime, the table below
shows that for 2008, 2009, and 2010, juveniles accounted for approximately 4% of all victims
who reported incidents of crime in the County.
All Victims
58,992
Juv. Victims
%
Juv. Victims
2475
4.2%
2,075
3.8%
2,009
4.1%
2008
2009
2010
55,292
49,537
This table is based on CJIS incident data for all reported events with an event classification of
less than 2900 (and excludes reported incidents that were later determined to be unfounded). For
a list of event classification codes, see Attachment H.
The following table shows the number of reported robbery incidents with a
juvenile victim that occurred between 11 :00 p.m. and 5:00 a.m. during 2008,2009, and 2010:
2008
Robbery incidents with a
juvenile victim occurring
between 11 :00 p.m. and 5:00
am
2009
32
2010
32
35
This table reflects the number of robbery incidents with at least one juvenile victim.
It
does not
reflect the actual number ofjuvenile victims of robbery incidents because an incident could have
more than one victim.
The following table shows the number of assaul t incidents with a juvenile victim
that occurred between 11 :00 p.m. and 5:00 a.m. in 2008, 2009 and 2010.
2008
Assault incidents with a
juvenile victim occurring
between 11 :00 p.m. and 5:00
am
2009
71
2010
97
100
1
I
I
This table reflects the number of assault incidents with at least one juvenile victim. It does not
reflect the actual number ofjuvenile victims of assault incidents because an incident could have
more than one victim.
.@
.
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Valerie Ervin, Council President
September 13,2011
PageS
3.
What alternative strategies exist to combat the issues the bill is designed to
address? Have other alternatives been tried? What was the result?
Nothing other than a youth curfew law will eliminate the vulnerability that exists
for Montgomery County because Prince George's County and the District of Columbia have
curfew laws that incentivize youth to congregate in Montgomery County late at night. Nothing
other than a youth curfew law gives police officers the authority to require youth who are
congregating late at night in large groups to go home. However, a youth curfew is only one tool
for addressing challenges relating to juvenile crime and victimization.
It
is not a panacea.
It
is incumbent upon the County to take all reasonable steps
to
reduce the
personal, social, and economic costs associated with criminal activity. A youth curfew is not a
substitute for vigorous and creative law enforcement activities and positive youth development
programs. However, it is a widely accepted and cost effective tool for helping to reduce
juvenile crime and protect juveniles from becoming the victims of crime.
The County is involved in numerous efforts to support positive youth
development and to serve youth along the continuum of prevention, intervention, and
suppression. The Police Department, Department of Health and Human Services (DHHS).
Recreation Department, State's Attorney's Office, Montgomery County Public Schools (MCPS),
and Department of
Corre~tions
and Rehabilitation all have a role in these efforts. Although
significant budget constraints in recent years have restricted important components ofmany
County programs relating to positive youth development, my goal is to return to more vigorous
programs as soon as possible.
In
recent years, Executive staff participated in various Council briefings on the
County's efforts
to
support positive youth development, including the:
(1)
November 10,2009
full Council briefing on programs and activities aimed at decreasing incidents ofjuvenile crime,
increasing student performance, and creating a better environment for County youth; (2) June 24,
2010 joint briefing of the Public Safety and Health and Human Services Committees on
coordination ofprevention, intervention, and suppression efforts for individuals who are or have
been gang-involved; and (3) October 21,2010 joint briefing of the Public Safety and Health and
Human Services Committees on coordination of gang prevention activities, including strategies
and services provided to youth and their families to prevent gang involvement at all levels. For
further information relating to the programs and activities discussed at these meetings, see the
following Council staff packets:
November 10, 2009 - Council Briefing
http://www.montgomerycountvmd.gov/content/councillpd£lagendalco1l20
09/091110/20091110
10.pdf
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Valerie Ervin, Council President
September 13,2011
Page 6
June 24, 2010 - PSIHHS Committee Meeting
http://www.montgomerycountymd.gov/content/council/pdf/agenda!cml20
10/100624/20100624 PSHHSLpdf
October 21,2010 - PSIHHS Committee Meeting
http://www.montgomerycountymd.gov/content/council/pdf/agendalcml20
101101021120101021
HHSPS1.pdf
.
The Police Department uses a variety of crime prevention, intervention, and
suppression strategies throughout the County. These strategies are targeted to the challenges and
needs that exist in particular areas of the County. The Police Department's resources have been
constrained by our fiscal challenges in recent years but I am committed to implementing the
Police Department Staffmg Plan developed several years ago as soon as fiscal,conditions allow.
That plan calls for a phased-in increase in the total number of police officers from a previous low
of 1,100 to a high of 1,350. Although budget difficulties have precluded the· County from .
attaining that goal over the recommended five-year period, the County now has approximately
1,150 police officers and I am committed to reaching the goal of 1,350 police officers as soon as
possible. This would allow the County to reinvigorate important programs relating to our youth,
including our community liaison officers and school resource officers.
DHHS has taken a leadership role in three programs that are particular relevant
here:
(1)
the Countywide Youth Violence Prevention Coordinator (YVPC) Strategy; (2) the
Central Business District (CBD) Intervention Strategy; and (3) the Regional Intervention
Strategy.
The YVPC Strategy includes a Street Outreach Network (SON) comprised of
4 full-time staff that have engaged a total of380 gang-involved youth in the past two years. The
SON staffhave targeted hot spot communities like Maple Avenue, Bel Pre, Briggs Chaney,
Lockwood, White Oak, Downtown Silver Spring, Wheaton, Rockville, Gaithersburg,
Montgomery Village, Germantown, and Damascus. These strategies include weekly projects
that engage youth in positive, life affirming activities such as:
DJlLife Skills Program which serves 40 youth per week;
BoxingILife Skills Program that serves about 20 youth per week;
Graffiti alternative/Life Skills Program which serves about 15
youth per week;
Young Women's Support and Empowerment Group which serves
about 20 youth per week; and
SoccerlTeam buildinglLife Skills Program that serves about 30
youth per week.
@
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Valerie Ervin, Council President
September 13, 2011
Page 7
In addition, SON staff maintains daily engagement in County schools, malls,
recreation centers, libraries, youth programs, homes and neighborhood of gang-involved youth.
Finally, one part-time grant-funded SON staff member provides 2 weekly job training and
readiness sessions to 20 youth. This initiative began in March of this year under ARRA grant
funds. Currently eight youth have been successfully hired and continue to maintain
employment.
The YVPC continues to educate youth and parents about the consequences of
gang activity throughout the County. This work is done in partnership with a detective from the
County Gang Unit. In addition, the YVPC continues to work with many community partners
and community associations in order to build their capacity to address gang and youth violence
throughout the County. The YVPC has provided workshops and trainings to over 200 parents in
MCPS on accessing intervention services in the County. The YVPC has provided workshops on
the consequences of gang life and bad choices to over 100 youth in MCPS.
As a result of a couple of high profile incidents that occurred last summer in the
Silver Spring CBD, the YVPC along with SON staff were engaged by you to be a part of a
multi-agency response team to address these incidents. A CBD Intervention Strategy was
initiated which included SON staff doing targeted engagement of youth from Maple Avenue
Crew, Hampshire Towers (HT), and 38 Mob from Briggs Chaney. The SON also sought to
implement community-based intervention projects
in
Takoma Park and the Briggs Chaney
Community; however, SON staff faced logistical issues that made it extremely difficult
to
maintain those efforts consistently. In addition, the Crossroads Youth Opportunity Center
(CYOC) focused on serving youth from these communities as well. Last year prior to the high
profile incidents which led to development of the CBD Intervention Strategy, the CYOC served
about 8 youth from these communities. SON staff now serve 44 youth from these communities.
Through these efforts the ongoing disputes between these communities de-escalated.
In addition to the CBD Intervention Strategy, HHS developed a Regional
Intervention Strategy which calls for the YVPC to meet on a quarterly basis with counterparts
from Prince George's, the District of Columbia, and Northern Virginia in order to discuss
regional activity by these particular groups. In addition, there was a proposal to have street
workers meet on a quarterly basis to share information and develop strategies to address the
regional nature of this activity. Due to the many budgetary challenges faced by all of the partner·
jurisdictions, this effort became logistically difficult to maintain, although the coordinators from
each jurisdiction continue to meet on a quarterly basis.
As
a result of increased conflict between
Montgomery County youth and District of Columbia youth, the SON and District of Columbia
intervention workers will be meeting bi-weekly starting this fall to develop a regional strategy
for engaging youth and reducing conflicts among the various groups.
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Valerie Ervin, Council President
September 13,
2011
Page 8
The Department of Recreation has carried out successful evening programs
targeted to adolescent youth for a number of years. Programs targeted to at-risk adolescent youth
have included battle of the bands, dances, hosting post-prom parties, midnight basketball,
midnight soccer, late movies, pool parties, and more. These events have been credited by law
enforcement personnel, youth advocates, and youth themselves for providing positive and
supervised activities that have led to a reduction in juvenile delinquency.
At the height of its budget, the Department of Recreation had dedicated staffmg
who were charged with administering a wide variety of teen programming which included
weekend and evening activities every month throughout the County. However, as a result of the
budget challenges over the last four years and reductions to the Department's budget, these
programs and staffing have been significantly scaled back. The program budget for after-hour
events in
FY12
was cut completely. These programs are well regarded deterrents to juvenile
delinquency and I support the reestablishment of these efforts with appropriate resources as the
County's fiscal situation improves. In the meantime, the Department is leveraging some existing
resources to carry out an evening indoor league during the winter months and has established a
Youth Cafe model in partnership with Councilmember Navarro and DHHS.
4.
How will the law be enforced when a movie or show at the Fillmore lets out
late (near or after curfew hour), Are minors
a11~wed
to walk home? Are
they allowed to walk to the Metro to get home? Are the Police really only
looking to use this when a group is hanging out rather
than
moving along?
I submitted recommended amendments to
Bi112S-11
to the Council on August 31,
2011.
See Attachment G. Those amendments included a recommendation to expand the list of
exemptions to the curfew to include a minor who is attending or returning home from, without
any detour, an event at a place of public entertainment, including a movie, concert, play, or
sporting event. Under this amendment,
if
a movie or show at the Fillmore lets out close to or
after the start of the curfew, youth will be allowed to walk directly home or to the Metro to go
home.
'
Under Bill
25-11,
a police officer may issue a citation for a curfew violation only
after
(l)
the officer determines that an individual is under the age of 18 and not engaged in
activities that are exempt from the curfew, and (2) the juvenile refuses to go home after being
asked to do so. In situations where an officer finds a need to enforce.the curfew
violation~
the
officer would try to ascertain what the juvenile is doing. If the juvenile can explain his or her
presence and is either eligible for a curfew exemption or on the way home, the officer would be
expected allow the juvenile to go on his or her way.
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Valerie Ervin, Council President
September 13,2011
Page 9
5.
Related to question #4, should there be an exception for movies, concerts,
and other entertainment activities?
See answer to Question 4.
The County does not have authority to require a municipality to adopt a curfew
law. However, if Bill 25-11 is enacted, it would apply by default in some municipalities unless
they pass laws rejecting it. According to the County Attorney, Bill 25-11 would apply by default
in all municipalities except Gaithersburg, Garrett Park, Kensington, Laytonsville, Poolesville,
Rockville, Somerset, and Washington Grove. These eight municipalities could pass laws to
make Bill
25~
11 applicable in their jurisdictions. Likewise, any municipality to which Bill 25-11
would apply by default could pass a law to reject it.
6.
If
the law as proposed requires a minor to be charged with a criminal
offense, should the County seek State legislation to make violation of a
curfew by a minor an offense that remains a juvenile matter rather than
creating a permanent arrest record?
The bill currently specifies that a curfew violation is a Class A violation but does
not specify whether the violation is criminal or civiL This is similar to other existing County
Code provisions relating to certain types of offenses, which can be enforced either criminally or
civilly. However, based on advice from the State's Attorney, I have recommended that the bill
be amended to make a curfew violation a Class B civil offense that is punishable by a maximum
fine of $1 00 for a first offense and $150 for a second offense. See Attachment G. If arrest
authority is needed in a situation involving a curfew violation, the State's Attorney believes that
a police officer could use existing authority granted under §10-201(c)(3) of the Criminal Law
Article to arrest an individual who disobeys an order made by a police officer to prevent a
disturbance of the public peace.
7.
The bill aIIows the Police to place a minor who has violated curfew in the
custody of the Department of Health and Human Services, who can release
the minor at 5:00 a.m. the next morning.
Is
this feasible? How would this
work? Where would HHS keep them?
According to the County Attorney, the County does not have authority under
State law to take a juvenile into custody for a curfew violation unless, the violation is a criminal
offense and the police officer is using arrest authority. As discussed in my answer to Question 7,
I have recommended that the bill be amended to make a curfew violation a civil offense. That
amendment includes deletion of any language in Bill 25-11 that relates to placing a juvenile in
the custody ofDHHS.
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Valerie Ervin, Council President
September 13,2011
Page 10
8. Have curfews been effective in other jurisdictions that have adopted them?
What has been the effect in Prince George's County and the District of
Columbia?
Many cities have adopted youth curfew laws.
Attachment
E shows the results of
a 1997 survey of347 cities with a population over 30,000 conducted by the U.S. Conference of
Mayors. Four out of five cities
in
that survey (276) had a nighttime curfew. Of those cities:
90% (247 cities) said that enforcing a nighttime curfew is a good
use of a police officer's time;
93% (257 cities) said that a nighttime curfew is a useful tool for
police officers; and
88% (236 cities) said that nighttime curfew enforcement helps to
make streets safer for residents.
The survey included comments from numerous city officials which reflected a
belief that a curfew is a proactive way to combat youth violence, involve parents, deter future
crime, prevent "gathering" (which
also
meant fewer calls for service to the police), keep the
"good" kids good and the at-risk kids from becoming victims or victimizers, reduce late-night
traffic, make residents feel safer, make it easier to find runaways, make it harder for criminals to
hide from the police during curfew hours because there are fewer people with which to blend in,
reduce graffiti and vandalism, and reduce opportunities for gang recruitment and gang activities.
In
2000, the Regional Community Policing Institute at Wichita State University
conducted a survey of446 police departments serving populations of at least 15,000. See
http://webs.wichita.eduidepttoolsidepttoolsmemberfileslrcpiIPolicy%20PaperslCurfew%20Resea
reh.pdf.
This report concluded that "[tJhe data strongly support the belief among respondents
that curfews were an effective tool for reducing various crimes." Most noteworthy, according to
the report, was that 93.5% of respondents agreed that curfews had an effect on reducing
vandalism, 89.1 % agreed they had reduced graffiti, 85.7% agreed curfews contributed to the
reduction of gang activity, 84.7% agreed that curfews reduced rates of nighttime burglary, and
81.1 % agreed that curfew enforcement had reduced auto theft.
Numerous jurisdictions have reported success after implementing curfew laws.
Dallas and New Orleans provide two examples of such self-reporting. The Dallas Police
Department reported that three months after the enactment of a curfew law juvenile victimization
during curfew hours declined by 17.7% and, juvenile arrests during curfew hours dropped by
14.6%. New Orleans reported that a dusk-ta-dawn curfew enacted in that city was influential in
decreasing the incidents ofjuvenile arrests by 27% in the year after its adoption.
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Valerie Ervin, Council President
September 13,2011
Page 11
The study available through the following link provides an example of research
.
that supports the effectiveness of curfew laws:
http://www.econ.berkeley.edu/:1?klinelpapers/curfews resubmit. pdf.
The
Impact ofJuvenile Curfew Laws on Arrests ofYouth and Adults
(August
2011), Patrick Kline, UC BerkeleylNBER.
This study reviewed data from 54 cities with curfew laws and concluded that: "Overall, curfews
appear to have important effects on the criminal behavior of youth. The arrest data suggest that
being subject to a curfew reduces the number of violent and property crimes committed by
juveniles below the curfew age by approximately 10% in the year after enactment, with the
effects intensifying substantially in subsequent years for violent crimes."
However, it is important to note that the scientific and statistical research on the
effectiveness of curfew laws is mixed and studies can be found to support both sides of the issue.
Numerous stakeholders and academics have noted that there has been no comprehensive
statistically valid study regarding the effectiveness of curfew laws. Such a study would be
extremely difficult to conduct, time consuming, and expensive because it would have to account
for all of the different variables relating to: (1) demographics of particular jurisdictions
(popUlation size, income, employment rates, age distribution, etc.); (2) differences in the curfew
laws
in
various jurisdictions
(curfew
hours, age of individuals subject to the curfew, exceptions,
etc.); and (3) crime rates in any given jurisdiction Oaws in place in neighboring jurisdictions,
other law enforcement initiatives, etc.).
In
considering the existence of studies on both sides of
the issue, one court noted that this reality "simply illustrates that proving broad sociological
propositions by statistics is a dubious business." See
Schleifer et. al.
v.
City ofCharlottesville,
159 F 3d 843, 849 (4
th
Cir. 1998). In this regard, it is important to note that courts do not require
legislative bodies to have scientific or statistical "proof' before acting on a policy decision.
Legislative bodies may act on the basis of infonnation from many sources, including (but not
limited to) local crime data, surveys of public opinion, news reports, national crime data, and
experience
in
other jurisdictions.
With regard to Prince George's County, a 2003 study showed that arrests of
curfew-age youth decreased after the curfew was implemented but concluded that it could not
prove with certainty that the curfew was the cause of the decrease in juvenile arrests. For a copy
of that study, see following
link:
https://www.ncjrs.gov/pdffilesl/nij/grants/200520.pd£ With
regard to the District of Columbia, Police Chief Cathy Lanier advised me that the District
experienced a 50% reduction in juvenile victims ofviolent crime in public spaces and a 43%
reduction in juveniles arrested during curfew hours after the District imposed a 10:00 p.m.
curfew during a 2006 crime emergency. Although a number of public safety initiatives were
launched during that emergency, the decreases in juvenile victims and juvenile arrests during the
curfew were significantly higher than the decreases during non-curfew hours. During non­
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Valerie Ervin, Council President
September 13,2011
Page 12
curfew hours. the District experienced only a 3% reduction in juvenile arrests and a 5% reduction
in juvenile victims of violent crime in public spaces.
On a related note, Chief Lanier and Prince George's County Police Chief Mark
Magaw both personally advised me last week that their respective curfew laws are very
important law enforcement tools in their respective jurisdictions.
10.
One option could be to limit the curfew to certain parts of the County.
Is
this
a feasible option?
If
so, which portions of the County would you apply the
curfew?
­
I
believe that the curfew hiw should apply Countywide. A curfew that applies in
only certain parts ofthe County would simply incentivize some youth to congregate in the parts
of the County that do not have a curfew. The problem would shift across the street, just outside
the CBD, or to other parts of the County.
Crimes committed by or against juveniles occur throughout the County and are
not concentrated in one or two police districts or locations. The County estimates that
approximately 1300 gang members currently reside in the County and gang-related crime can
occur anywhere. The County, its businesses and residents have made enormous investments of
time, money and effort to create vibrant, culturally rich arid interesting venues to which all are
welcome. However, the violence that occurred in Silver Spring over the July
4th
weekend. the
mass theft that occurred in Germantown in August, and other types of criminal activity and
victimization can occur anywhere.
11.
What is the estimated fiscalimpact of Bill 25-11?
Bill 25-11
would have no
fiscal
impact on the County. See
Attachment
Flor the
Fiscal
and
Economic Impact Statement prepared by the Office of Management and Budget for
this
bill.
12.
What is the estimated economic impact of Bill 25-11 ?
It
is not expected that Bill 25-11 will have an economic impact 'on private
businesses in the County. See
Attachment
F for the Fiscal and Economic hnpact Statement
prepared by the Office of Management and Budget for this bill.
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Valene Ervin, Council President
September 13, 2011
Page 13
13.
To our knowledge, there are 2 court cases about curfews that are
particularly on point:
Schleifer v. CharlottesviHe
(4th circuit) and
Ashton v.
Brown
(Maryland Ct of Appeals). How does Bill 25-11 match. up with the
criteria in those cases?
Bill 25-11 is similar to the curfew law upheld by the Fourth Circuit in
Schleifer
v.
Charlottesville,
159 F.3d 843 (4
th
Cir. 199'8).
In
that case, the Fourth Circuit upheld a
Charlottesville curfew law that provided exceptions for activities where minors were
accompanied by a parent, in supervised activities, in interstate travel, on property abutting
parents' residence, emergencies, and when exercising their First Amendment rights. The court
held that minors' rights were not coextensive with that of adults.
It
also held that parents did not
have an unqualified right to raise their children that could trump
every
government regulation.
The law was reasonably related to the important governmental interests of preventing crime,
protecting juveniles, and strengthening parental responsibility. It was reasonable
to
apply the
restrictions to minors. The ordinance was not void for vagueness because it fairly provided
minimal guidelines to govern enforcement and gave reasonable notice of the proscribed conduct.
Bill 25-11 is also similar to the District of Columbia curfew law that was upheld
in
Hutehins v. District ofColumbia,
188 F.3d 531
(D.C:
Cir. 1999)
(en bane).
Bi1125-11 does not suffer from the infinnity that doomed the Frederick City
curfew law in
Ashton
v.
Brown,
339 Md. 70 (1995). In that case, the Maryland Court of Appeals
struck down a Frederick City curfew law that contained an exception for "a child attending a
cultural, scholastic, athletic, or recreational activity supervised by a bona fide organization."
The court found that the tenn "bona fide organization" was unconstitutionally vague. Bill 25-11
does not include a similarly vague exception.
It
contains an exception for a minor who is "in
attendance at an official school, religious, or other recreational activity sponsored by the County,
a civic organization, or another similar entity that takes responsibility for the minor" or who is
''returning home from, without any detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by the County, a civic organization, or
another similar entity that takes responsibility for the minor."
14.
Do yon have any suggested amendments to the Bill?
As
mentioned previously in my answers to Questions 4, 5, 7, and 8, I submitted
recommended amendments to Council on August 31, 2011. See Attachment G.
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Valerie Ervin, Council President
September 13, 2011
Page 14
15.
Please specify exactly how this law will be enforced? Will it be based on age
or behavior, or both?
Enforcement
will
be based on age, behavior, and any other factors in the totality
of circumstances that lead a police officer to develop a reasonable belief that an individual is
under 18 and not exempt from the curfew. When an officer is on patrol and sees someone who
appears to be under age, the officer can ask that person his or her age. If the individual indicates
that he or she is a minor or the officer is able to form a reasonable belief that he or she is a minor
based on other factors (e.g., statements of witnesses, appearance, etc.), the officer will order that
person to go home. If the individual does not go home after being asked to do so, the officer
may issue a civil citation. If the individual still refuses to go home after being issued a civil
citation, the officer may arrest the individual for failure to obey a lawful order of a police officer
made to prevent a disturbance of the public peace.
I firmly believe that the vast majority of youth under the age of 18 in the County
would comply with a curfew law. This would have a positive impact on our community in all of
the ways that were referenced by city officials in the U.S. Conference of Mayors survey
discussed above. As reflected in that survey, it would reduce the number ofyouth gatherings
which lead to calls for service to the police, keep the "good" kids good and the at-risk kids from
becoming victims or victimizers, reduce late-night traffic, make residents feel safer, make it
easier to find runaways, make it harder for criminals to hide from the police during curfew hours
because there are fewer people with which to blend in, reduce graffiti and vandalism, and reduce
opportunities for gang recruitment and gang activities.
16.
Please provide detail on the process you will undergo once you remove a
child from the street. Does HHS take over at some point?
If
so, what costs?
are involved? Is it feasible to require the Police take a minor
in
violation of
curfew to the Police Station?
See responses to Questions 6 and 7.
I have recommended that the bill be amended to make a curfew violation a civil
offense. See Attachment G. Since the County does not have authority to take an individual into
custody for a civil offense, I have also recommended deletion of the language that relates to
placing a juvenile in the custody of DHHS.
17.
Will this law push juvenile crime to earlier hours?
We have no conclusive evidence that this
will
occur.
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Valerie Ervin, Council President
September 13,2011
Page 15
18.
How will you verify the exception "running errands?" Will you need to
contact a parent/guardian? What
if
you
cannot?
Verification of the errand exception will be situational. If a minor says "I'm
going to the drug store for my Mom" and the child is loitering on a street corner nowhere near a
drug store, the officer would likely have reasonable cause to order the minor to go home and, if
the minor does not do so, to issue a civil citation. Parents can also be called to verify whether a
minor is running an errand.
19.
Please clarify what it means to "remain" on the premises?
Is
the violation
the act of being out past curfew, or
is
the violation the act of remaining once
asked to leave by police?
A minor violates the curfew law by remaining during curfew hours in a public
place or private establishment to which the public is invited after being asked to go home. The
term "remain" is defined in the bill to mean "to linger, stay, or fail
to
leave a public place or
establishment when requested to do so by a police officer or the owner, operator, or other person
in control of the public place or establishment."
20.
Please explain steps you will take to ensure that this law would not encourage
racial profiling.
This question seems to assume that Bill 25-11 encourages racial profiling or that
our Police Department would engage in racial profiling if Bill 25-11 is enacted. There is no
evidence to support either of these assumptions. Our Police Department has not historically had
a problem with racial profiling. There is no reason to believe that the enactment of a youth
curfew law will prompt members of the Police Department to engage in this unlawful practice in
the future.
In fact, a curfew law would lend itself to profiling strictly by age. Remember,
profiling, in and of itself, is not illegal. Police officers criminally profile people everyday based
on their behavior and the totality of the circumstances of their actions (e.g., when, where, and
how things are happening). Proper training of police officers is the key to avoiding unlawful
profiling. At recruit training and during in-service training each year, we provide our officers
with a foundation which allows them to understand when they can stop someone, when they can
compel someone to identify themselves, and when they can arrest someone. Strong policies are
in place which prohibit the use of race, gender, ethnicity, or religion as a reason to stop, search or
arrest someone.
@
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Valerie Ervin, Council President
September 13, 2011
Page
16
The County goes to great lengths to hire the right people to be police officers.
We
test for many personality and character traits and eliminate anyone for employment that
demonstrates any identifiable bias that would indicate a propensity for abusing law enforcement
authority or otherwise harming the public interest.
I
have confidence in our hiring process and
the integrity and character of our police officers. To insinuate that a youth curfew law, or any
other law, would lead these same police officers
to
suddenly engage in unlawful racial or ethnic
profiling is unfair to our employees and without basis in fact.
The Police Department intends
to
develop guidelines governing enforcement of
the curfew law to assist in training police officers and ensuring fair and consistent enforcement
throughout the County. The County will continue to seek to hire the right people, train them
well, set high standards, investigate complaints of misconduct with due diligence, and if
warranted, punish those who do not live up to required standards.
21.
It
is
my
understanding that the curfew proposal allows for discretion in
enforcement.
In
other words, the police department does not intend to
enforce a ban on all minors being out in public, but rather intends to enforce
the curfew selectively in response to problematic situations. First, can the
executive branch please spell out this intent more clearly? Second, can the
executive branch discuss any constitutional issues that arise, and how they
are resolved, from laws that are intended to be enforced in this manner.
Related to the second question, can the executive branch propose any
safeguards that could accompany the curfew to monitor whether it is being
enforced in a fair manner, for example using related examples around racial
profiling - gathering of information about stops, reports, etc.
Every criminal1aw reposes some discretion in those who must enforce
it.
The
Police Department intends to develop guidelines governing the exercise of discretion in the
context of enforcing the curfew law to assist in training police officers and ensuring fair and
consistent enforcement throughout the County. Bill 25-11 and my recommended amendments to
the bill were written in consultation with the County Attorney to avoid any constitutional issues.
As discussed above in the response to Question 13, Bill 25·11 is similar to other curfew laws that
have been upheld by the courts. I am open to exploring any amendments that Council believes
are necessary to ensure that Bil125·11 is enforced in a fair and objective manner, including a
requirement to collect and report relevant data.
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ATTACHMENT A
..
"
QI
QI
3,000
2,500
2,000
1,500
1,000
500
Juvenile Criminal Arrests 2006-2010
As A
Percentage of
Overall Arrests
I
III
-­-
<
Jo.
a..
III
QI
c
(IJ
0
a..
~
>
::J
.a
Z
::J
(IJ
E
a
2006
2007
2008
. Year
2009
2010
12,500
- r - - - - - - - - - - - - - - - - - - - - - .
"tJ
Adult Criminal Arrests 2006-2010
As A
Percentage of
Overall Arrests
~
10,000
QI
c:(
~
'0
5,000
.a
(IJ
~
::J
-
7,500
­
a..
z
§
2,500
o
2006
2007
2008
Year
2009
2010
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ATTACHMENT B
ADULT AND JUVENILE ARRESTS: 11 :00 PM TO 5:00 AM
Adult Arrests
Juvenile Arrests
®
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All Arrests
Adult Arrests vs. Juvenile, 2300-0459 hours
6.000
5.000
4.000
F:~Q;I~~0'Z82w~~~
~~~
t~~~;;~~~~~~~~~~~~~
t
3.000~~"
2.000
r.iI
1.000
o
2009
2010
2011 thru July
Total
2
@
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ATTACHMENT C
ADULT AND JUVENILE ARRESTS: 11:00 PM TO 5:00 AM
(EXCLUDING BURGLARY AND THEFT)
Adult Arrests (excludes burglary and theft)
Juvenile Arrests (excludes burglary and theft)
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All Arrests (excludes burglary and theft)
2
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ATTACHMENT D
CALLS FOR SERVICE:
11 PM
TO
5 AM
This data came from an export of records in the dispatch system and contains
calls requiring a dispatched police response, events found by officers on patrol
that were given a call disposition code, and "no-dispatch" report numbers
obtained for other events reported after the fact. Simply put, it is anything a police
officer deals with between 11 PM and SAM except for routine traffic stops and
events that citizens report using our on-line self reporting service (no police
response), Also, a few calls within the city of Takoma Park may be included due
to our CAD system limitations,
All Calls, All Dispositions
14,000
12,000
10,000
8,000
6,000
4,000
2,000
·
0
,
Calls With Written Reports, No Arrest- Dash 2
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Calls With Report Written and an Arrest(s)- Dash 4
1,400
1,200
1,000
800
aoo
400
200
o
Calls With No Written Report but Criminal or Civil Citation
Issued (Except Parking and Traffic Citations) - Dash
3
120
*2010 and 2011 stats above are lower due to policy change. All criminal and civil
citations must now have
a
written report which changes the clearance code to
­
Dash
4.
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Co
AT.TAC~MENT .~'
.
S
A
Status Report on Youth Curlews
m Amenca'sittes.
A
47-Clty urvey
Page 1 ofll
A Status Report on Youth Curfews in America's Cities
A 347-City Survey
Many cities have imposed youth curfews in recent years.
A 1995
survey by The
U.S.
Conference of
Mayors found that
272
cities,
70
percent ofthose surveyed, had a nighttime curfew. Fifty-seven percent
ofthese cities considered their curfew effective.
Since that survey was done the trend toward establishing curfews40th nighttime and daytime-has
continued and more is known about their impact. This report updates the
1995
survey and provides
additional information on the effectiveness of those curfews.
.
The
1997
survey gathered information from
347
cities with a population over
30,000.
Mayors and city
officials were asked for information on:
1.
2.
3.
4.
5.
6.
7.
8.
the use ofboth daytime
and
nighttime curfews,
perceptions ofwhether curfew enforcement
is
a good use ofpolice officers' time,
perceptions of whether curfews make streets safer at night, cut down on daytime truancy,
effectiveness of curfew enforcement in curbing gang violence or gang activities,
increases or decreases in crime rates since curfews have been in effect,
police department costs associated with curfew enforcement,
problems encountered in implementing curfews and
constitutional challenges to curfews.
Among the findings of the survey:
• Four out of five of the survey cities
(276)
have a nighttime youth curfew.
Of
these cities,
26
percent
(76)
also have a daytime curfew.
Click here for a list
of
cities which have curfews.
• Nine out of
10
of the cities
(247)
said that enforcing a curfew
is
a good use of a police
officer's
time.
Many respondents felt
that
curfews represented a proactive way to combat youth
violence. They saw curfews as a way to involve parents, as a deterrent to future crime, and as a
way to-keep juveniles from being victimized.
In
addition, they commented that
a
curfew gives the
police probable cause to stop someone they think is suspicious. Examples of city comments:
o
Tulsa: There is generally no useful purpose for a juvenile to be out late at night
Enforcement of curfews serves to protect them from being victimized by the criminal
element.
o
Charlotte:
This
is
a good tool to protect children. Most parents didn't even know their
children
were
outside the home.
o
Jacksonville (NC):
It
provides officers with "probable cause" to stop the youth.
o Claremont:
It
frees
up officers' time
during
the curfew
hours to
do
ot.~er
police work.
Kids
don't go out because
they know they
will
get
in
trouble.
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A Status Report on Youth Curfews in America's Cities: A 347·City Survey
Page 2 of 11
o
Anchorage: Parents are contacted each time a juvenile is picked
up~
often eliminating
repeat occurrences.
o St. Peters
(1\10):
It
assists in providing a method ofcontrolling juveniles when adult
supervision is lacking, Less time is spent by officers in getting them off the street than
responding to problems they create.
o Toledo:
It
provides officers an opportunity to intervene with potential
issues
before
problems develop. Periodic sweeps remind the public about the law officer. Curfew
enforcement has, in large part, become a part ofroutine enforcement
Twenty;.six
cities
(10
percent)
did
not feel that curfew enforcement
is
a good use of a police
officer's time. They commented that police have higher priorities
than
chasing curfew breakers.
and that there is too much paperwork involved, tying up a police officer's time when he or she
should be using that time to pursue more serious offenders. Some suggested that random sweeps
seem to be more effective in keeping offenders off balance. as they are never sure when the police
will be around. Finally, several commented that there is nowhere to take the young
p~ople
when
they are picked up because many parents aren't home. Examples of city comments:
o
San Francisco: Offenses occur before curfew hours. Therefore, the curfew is ineffective.
o
Billings: There is no place
to
take the kids. Often the parents are not home.
o
Roanoke: There
is
no punishment for the law. The law
is
on the books but there isno
punishment.
o
Freeport
(IL):
It ties
up
the police and keeps them "babysitting"
all
day long.
o
Richmond
(CA):
Curfews treat
all
youth
as
violators.
It
turns off
good
kids and
is
unfair
to
them.
• Ninety-three percent of
the
survey cities
(257)
said
that a nighttime curfew
is
a useful tool
for police officers. The city officials commented that curfews help to reduce the incidence of
juveniles becoming victims by preventing "gathering," which also means more calls forthe police.
They said that a curfew compels parents to
be
more responsible and gives
them a
specific reason
to tell their children they cannot be out after a certain time, and they said
that
curfews are a good
prevention tool, keeping the good kids good and keeping the at-risk kids from becoming victims
or victimizers. Examples of city comments:
o
Orlando: Since we have had the curfew we have seen
dramatic
declines in youth-related
crimes.
o
Murray
(UT):
Prevention
is
nine-tenths of the cure.
o Fresno: Because of the curfew there is less gathering. Less gathering means fewer calls for
police.
.
o SmIth Bend: Few :first time violators are repeat offenders.
o Maui: It compels parents to be
responsible.
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;
A
Status Report on Youth Curfews
in
America's Cities:
A
347-City SUrvey
Page 3 of 11
Nineteen cities said that a nighttime curfew was not a useful tool, explaining
that
it removes
parental control as the city, in effect, becomes the parent. They also commented that more crime
happens during non-curfew hours due to curfew enforcement. Examples of city comments:
o Kauai:
It
causes more crime during non-curfew hours.
o Richland
(W
A):
All youth, not just delinquents, are affected by a curfew.
o Wausau: We need to avoid harassment and need to avoid focussing ort minorities or
specific neighborhoods.
• All of the
72
cities which have a daytime curfew report that it has cut down on truancy. They
said that
it
reduces daytime burglary, holds parents accountable and keeps kids
in
schooL
Examples of city comments:
o Columbus
(OR):
Seventeen hundred truants have been processed, less than seven percent
have been re-fined (as repeat offenders).
o Allentown: Since the inception of our daytime curfew, students know there are
consequences to their actions.
It
has had a favorable impact on school attendance.
o Torrance:
It
discourages truants' trips en masse to ''hang-outs.
II
With this curfew, students
must stay at home or risk detention.
.
o Philadelphia: Daytime curfew enforcement causes the minor to attend school, which can
only benefit the minor.
o Roswell:
It
cuts down on graffiti, vandalism and truancy.
It
keeps kids at home or in school
where they are safe.
• Eighty-eight percent
(236)
of the cities said that curfew enforcement helps to make streets
safer for residents. The officials commented that there is less traffic late at night; residents feel
safer;
it
is easier to find runaways; it is harder for criminals to hide from the police during curfew
hours because there are fewer people to blend
in
with;
graffiti
and
vandalism are reduced; and
parents are helped to feel responsible. Examples of city comments:
o Canton: Police find more runaways and missing juveniles, reducing the number of
. delinquencies.
o Tulsa: The criminal element has to work harder to "hidet! from cops.
o Inglewood:
It
does, in fact, make it safer. There is less traffic at night
o Corpus Christi: The daytime curfew
has
cut down on the truancy problem considerably
simply because school-aged kids observed wandering the streets or
in
locations away from
school are easily detected, and they have come to know that.
Thfurty-ili.re:e cities (12 lPelrcent) said tha!l:
cllIrlews
havill no impact on street safety,
commenting that it is people over 17 who
create
the
more serious crimes, and that they do not
always enforce the curfew due to lack of funds or lack of interest. Examples of city comments:
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A
Status Report on Youth Curfews
in
America's Cities:
A
347-City Survey
o
Memphis: Most evening crimes are committed by
adults.
o
Chillicothe (MO): Those over 17 are still out causing most of the trouble.
Page 4 of 11
o
Tallahassee: Several studies have indicated that curfews displace crime to other timesof
the day without having any real impact over the long
run.
Eighty~three
percent
(222)
of the cities said that a curfew helps to curb gang violence. CitY
officials believe it
is
a tool to reach "wanna-be" gang members and keep recruitment to a
minimum;
it prevents gang members from gathering; it gives the police a legal reason
to
contact
individuals or the group; it tells kids their movements ate being monitored and lessens gang
activities during curfew hours. They also said th.at curfews help the police
to
identify' gang
members and come in contact with them at an earlier stage, help to curb young peoples' activities
before they become more violent, and help the police
to
seize the
guns
and drugs of gang
members, thus impairing their ability to fight. Finally, the curfew helps to educate parents to the
signs of gang membership and activity. Examples of city comments:
o
Moline
(IL):
Gang activity stops after curfew hours begin.
o Dearborn:
It
curbs activities before they get to a more violent level.
o
Shaker Heights: If you address inappropriate behavior, you will minimize the opportunity
for it to escalate into violence.
In
other words, ifyou catch youths early it is more likely
they
can
become valuable members ofsociety. .
o
Napa: I have never seen a gang member who wasn't a truant
first
Curbing tiuancy curbs
gang violence.
o
Houston: We have
had
an increase in drug and weapons seizures from gangs. Seizing these
things lowers gangs' ability
to
fight.
Seventeen percent (46) of the cities said that curfews had no impact on gang-related
activities. These cities said that most hardcore gang member do not pay attention to curfews; most
gang activities occur before curfews go into effect; and gangs are not afraid ofcurfew laws
because they know there will be no punismnent. Examples of city comments:
o
Ogden: Curfews do little to
curb
activities ofhardcore gang members.
o
Rochester
(MN):
Gangs aren't afraid of curfews because the punishment is little or nothing.
o Memphis: Most gang activities happen before curfew hours.
Fifty~six
percent
(154)
of the survey cities have had a youth curfew in effect for
10
years or
less. Officials in
53
percent of these cities have had a decrease
in
juvenile crime
which
they
attribute to the curfew. Eleven percent have seen the number of juvenlle crimes stay the
same;
10
percent have had an increase in juvenile-related crimes. Because most of the
remaining cities have had curfews in effect for a Short time, no data on the impact on juvenile
crime
was
available.
Twenty-six cities
with
a nighttime curfew only were able to provide data on the percent reduction
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A Status Report on Youth Curfews
in
America's Cities: A 347-City Survey
Page 5 of 11
in juvenile crime; Juvenile crime was reduced by an average of21 percent
in
these cities, ranging
from a two percent decrease in Charlotte, three percent in Waterloo, five percent in Bloomington
(IL)
and Fort Worth and seven percent in Kileen (TX) to a 40 percent reduction in Inglewood and
Idaho Falls, 42 percent in San Jose and 50 percent in Orlando.
Twenty-two cities with both a nighttime and daytime curfew were able to provide data on the
percent reduction
in
juvenile crime, which was reduced by an average of21 percent
in
these cities.
The percent reduction ranged from two percent in Richmond (GA), five percent in Lombard
(IL)
and eight percent in Fairfield (CA) to 50 percent in Hayward and 70.percent in Charleston (SC).
Six cities reported that juvenile crime increased after their curfew was introduced, by an average
of 14.5 percent across these cities. The increases ranged from three percent in Billings and Tulsa
and
10
percent in St. Charles to 25 percent in Grand Forks and 26 percent in Fargo.
It
should be
noted that many cities reported that when they initially implemented the curfew or began to
rigorously enforce.an existing curfew, the number of crimes increased for a period of six months
to a year. FoIl owing this, however, they saw a significant decline injuvenile crime.
• Twenty-three percent
(61)
of the cities said there were increased costs related to curfew
enforcement. These costs related primarily to increased police officer time and detention centers.
Examples of city comments:
o
Chandler
(AZ):
There was an increase in costs in paperwork,
and officers' time spent processing and convicting the youth.
Court
appearances and fees
o
San Jose:
We had to add $1 million in new police payroll to enforce our curfew.
o Shreveport: We received a grant from the federal government to help defray the costs of a
detention center, but the federal funds decrease each year, and after four years the city
will
have to pay all ofthe costs.
o
Upland
(CA): Our gang task force has caused an increase in costs.
o
New Orleans: There have been cost increases associated with overtime for police in order
to enforce the curfew properly.
o
Cleveland: The increase in enforcement ofthe curfew
has
caused more costs for police to
appear in court.
• Twenty-three percent
(62)
also reported problems in implementing their curfew. These
problems include concerns about violating young peoples' rights or targeting minorities, parental
opposition, and officials within the criminal justice system not taking the curfew seriously.
Examples of city comments:
o
Denver:
In
one of our middle class neighborhoods it was proposed that we put up a
detention center, and this met with strenuous opposition.
o Los Angeles:
The problem is convincing liberal politicians that
it
doesn't violate
kids'
rights
and convmcing police officers that
it
is productive.
o Chlcago: The problem is getting judges to take curlew cases seriously.
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A Status Report on Youth Curfews in America's Cities: A 347-City Survey
Page 6 of1I
o
Cincinnati: The curfew laws need to he monitored to make sure that African-Americans
aren't targeted. You have to make sure you are trying to keep
it
fair and legal.
·0
Plano: A small segment of our population feel it is the parents' responsibility to say when a
child should he indoors.
o
Buena Park: Several home schooling groups challenged it as being unfair to their children.
• Five percent
(14)
of the cities said there have been constitutional challenges either to the
curfew itself or to its wording. Those cities with a challenge are Allentown, Bellingham, Dallas,
EI Cajon, Escondido, Lompoc, North Miami Beach, Orlando, Philadelphia, Poway (CA), Santa
Ana,
Tulsa, Wenatchee
(WA)
and West Covina. In two additional cities-Fort Lauderdale and
Rio
Rancho
(NM)-a challenge to the curfew has been threatened.
• For the 276 cities with curfews:
o
Five percent have had the curfew for less than one year.
o Eight
percent have had the cUrfew for one year.
o
Eleven percent have had the curfew for two years.
o
Eleven percent have had the curfew for three years.
o
Four percent have had the curfew for four years.
o
Eight percent have had the curfew for five years.
o Nine percent have had the curfew for six to
10
years.
o Forty-four
percent have had the curfew for more than 10 years.
Survey Cities Which Have A Curfew
The 276 survey cities with a curfew are listed below. Those with an ... have both a
daytime
and a
nighttime curfew; the rest have a nighttime curfew only.
ALABAMA
ALASKA
ARIZONA
Birmingham
*
Anchorage
Chandler
Gilbert
Glendale
Fort Smith
Anaheim
Antioch
Bakersfield
Brea
Buena Park
*
Burbank
*
Claremont
*
Colton
*
Gadsden
Phoenix
Surprise
Tempe
North Little Rock ...
Gardena
*
Hayward
*
Inglewood
La Hahra
*
Lancaster
*
Lodi
Lompoc
*
Long Beach
*
Tucson
Yuma
Pine Bluff
*
Poway
*
Riverside ...
San Clemente
San Francisco
San Jose
*
SanRamon
Santa Ana
Santa Barbara
*
ARKANSAS
CALIFORNIA
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A Status Report on Youth Curfews
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Page 7 of 11
Concord
Covina
*
Culver City
EI Cajon
*
Escondido
*
Fairfield '"
Fontana '"
Fountain Valley
Fresno
COLORADO
CONNECTICUT
FLORIDA
Aurora
Denver
New Britain
Fort Lauderdale '"
Garden Grove
Jacksonville
Augusta
*
East Point '"
Honolulu
Boise
Cedar Rapids
Arlington Heights
Aurora
Bartlett
Bloomington
Bolingbrook
*
Buffalo Grove
Carbondale
Champaign
Chicago
Decatur
Carmel
Columbia City
Elkhart
Hutchinson
Frankfort
Houma
Lake Charles
Augusta
Los Angeles
Manhattan Beach
*
Modesto
Montebello
*
Monterey
*
Napa
*
Newark
Oxnard'"
Pittsburg
Loveland
Pueblo
WestHaven
Miami
Beach
North Miami
Orlando
SantaCruz
Santa Rosa
Stockton '"
Thousand Oaks
Torrence
*
Tulare
Upland '"
West Covina
>I:
Thornton
Westminster
Pembroke Pines
Port Orange
Roswell
Wailuku Maui
GEORGIA
HAWAII
IDAHO
IOWA
ILLJNOIS
Macon
Kaua'i
Idaho Falls
Waterloo
Elk Grove '"
Evanston
Freeport
Glencoe
Highland Park
Lansing '"
.Lombard
:I:
Moline
Mount Prospect
Naperville
Fort Wayne
Marion
Michigan City
Olathe
Lexington
New Orleans
Nonnal
Palatine
Paris
Park Ridge '"
Pekin
*
Rockford
Schaumburg
Waukegan
*
Wheeling
New Albany
South Bend
Witchita '"
Louisville
JNDIANA
KANSAS
KENTUCKY
LOUISIANA
l\1AlNE
*
Shreveport
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MASSACHUSETTS
MARYLAND
MICHIGAN
Chicopee
Lowell
Hagerstown
Allen Park
Battle Creek
Dearborn
Dearborn Heights
Detroit
*
. Blaine
Brooklyn Park
Burnsville
Biloxi
*
Greenville
*
Chesterfield
Chillicothe
Kansas City
Billings
Bellevue
Las Vegas
Nashua
Elizabeth
Gloucester
Rio Rancho •
Buffalo
Jamestown
Charlotte
Fargo
Akron
*
Canton
Chillicothe
Cincinnati
Cleveland
*
Columbus
*
Lawton
Beaverton
Lynn
Malden
Methuen
Revere
EastPoint
Farmington Hills
Holland
Jackson
Lansing
Maplewood
Minneapolis •
Natchez
*
S1. Charles
St. Joseph
Great Falls
Livonia
Midland
Muskegon
St.
Claire Shores
Wyoming
Minnetonka
Rochester
Tupelo
MINNESOTA
MISSISSIPPI
MISSOURI
*
St Peters
University City
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
Jersey City
*
Roswell
*
Schenectady
Jacksonville
GnmdForks
, Elyria
Euclid
Fairborn
Lima (Recently lost
day)
Mansfield
Oklahoma City
Newark
Troy
NORTH CAROLINA
NORTH DAKOTA
OHIO
Parma
*
Shaker Heights
Toledo
University Heights
Waynesville
Tulsa
OKLAH01VIA
OREGON
§
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PENNSYLVANIA
Allentown
*
Erie
Harrisburg
Lancaster
McKeesport
Philadelphia ,.
Sanjuan
Pawtucket
Colmnbia
Pittsburgh
*
Wilkes-Barre
.PUERTO RICO
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
Caguas
North Providence
Charleston
Rapid City
Chattanooga
Gennantown
. Arlington
*
Austin
*
Corpus Christi
*
Fort Worth
Galveston ...
. Murray
Ogden
Cheasapeake
Newport News
Bellingham
Parkersburg
Beloit
*
Brookfield
Green Bay
Casper
RockHill
Hendersonville
Knoxville
*
Houston
*
Killeen
League City
*
Mesquite
Plano
Salt Lake City
Memphis
San Angelo
San Antonio
*
Temple
*
Waro
Wichita Falls
Sandy
UTAH
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
Notfolk
Richmond ...
Longview
Roanoke
Virginia Beach
Wenatchee
*
Greenfield
Manitowoc
Cheyenne
Sheboygan
WestAl1is
WYOMING
Survey Cities Which Do Not Have A Curfew
The
71
survey cities listed below do not have a youth curfew.
ALABAMA
Decatur
Fayetteville
Dublin
Huntsville
Hot Springs
Rancho Palos Verdes
Richmond.
San Luis Obispo
Mobile
ARKANSAS
CALIFORNIA
Santa
Clara
Sunnyvale
Livennore
Oakland
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COLORADO
CONNECfICUT
FLORIDA
Fort Collins
Middletown
New Haven
Boca Raton
Bradenton
Clearwater
Fort Myers
Galesburg
Des Moines
Topeka
Attleboro
Boston