PS ITEM 3
November 3,2011
Worksession 2
MEMORANDUM
TO:
FROM:
Public Safety Committee
.0manda Mihill, Legislative Attornex..
An~j"v~UJ
~ichael
Faden, Senior Legislative Attorney
~
Robert Drummer, Senior Legislative Attorney
LI
SUBJECT:
Worksession 2:
Expedited Bi1l25-11, Offenses - Curfew- Established
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 ©85-91. The Public Safety Committee held a first
worksession on Bill 25-11 on September 15.
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 ©22.1
Summary of Introduced 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 (©3, lines 32­
34). During the curfew hours, a minor must not
remain
in any County public place or
establishment (©4, lines 75-76). Executive staff confirmed 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"
lWe did not reprint Executive attachments F and G because they were already in this packet.
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(©4, lines 62-65). "Establishment" is defined as "any privately-owned place of business to which
the public is invited, including any place of amusement or entertainment" (©3, lines 42-44). Bill
25-11 would also prohibit a minor's parent from knowingly (or by insufficient control) permitting a
minor to remain in any public place or establishment during curfew hours and prohibit the owner or
operator of an establishment from knowingly aUo\Ving a minor to remain at an establishment during
curfew hours (©4-5, lines 77-86; ©5, lines 87-95).
Bill 25-11 lists many situations in which a minor may lawfully remain during curfew hours (©5-6,
lines 96-126). 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 permit 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 (©6, lines 127-130).
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 (©6-7, lines 131-156).
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
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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 (©7 -8, lines 157-167).
Executive Amendments
On August 31, the County Executive submitted proposed amendments to Bil125-11 (see redraft on
11-21). Council staff suggests that this redraft be treated substantively as the Bill before the
Committee, subject to further technical polishing.
The following Executive amendments are of
particular note:
Enforcement procedures/penalties.
The penalties for violating Bill 25-11 as introduced are
detailed on page 2 (©7-8, lines 157-167). 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 (©20, lines
152-153; ©21, lines 169-170). 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 (©21, lines 171­
176). 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 (©20-21, lines 147-164).
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 clarity that
these are affirmative defenses (© 18, lines 99-100; © 19, line 134); Council staff is not sure that this
change in terminology makes any legal difference, but it is more confusing to the non-lawyer. 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" (©19, lines 131-132). The
Executive also recommended that the exception related to employment be amended to not require
the minor to carry a work permit (©19, lines 111-113).
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 ofthe public peace (©15, lines 4,21-22);
• amend the definition of "emergency" (©16, lines 39-41);
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• 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
(©17, lines 79-80); and
• delete the definition of knowingly because
it
is a legal term that is defined in case law (©18,
lines 83-89, 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 ©57.) OMB did not explain this conclusion or point out any
asstunptions or variables used to arrive at it.
Council staff also cannot quantify any fiscal impact for the Bill, but note 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 fine 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. If the 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 hand, 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 horne 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.
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 (©46-55). According to a 2005
National League of Cities survey of 436 cities, more than half of those cities had a daytime or
nighttime curfew (©59-61).
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As Councilmembers know, both the District of Columbia and Prince George's County have curfews
(©62-68).
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 under
18
Sun-Thur:
11
p.m. - 5 a.m.
Sat-Sun:
12:01
a.m. - 5 a.m.
District of Columbia
Applies to minors under
17
Sun-Thur:
11
p.m. -
6
a.m.
Sat-Sun:
12:b1
a.m. -
6
a.m?
Prince
Geor~e's
Applies to minors under
17
Sun-Thur:
10
p.m. - 5 a.m.
Fri-Sat:
11 :59
p.m. -
5
a.m.
I
I
Age
Hours
Commander Melvin Scott, from the D.C. Metropolitan Police Department, will attend the
worksession to discuss the District's experience with their curfew. A representative from the Prince
George's County Police Department is also expected to attend.
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 crime, youth crime, or youth safety.
• A
2000
study by Caterine Gouvis,s 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.
• A
2003
study by Danny Cole
7
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
curfew law because a significant number of juvenile crimes are not targeted. The study
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.
4
Published 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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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 of Juvenile 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 first Committee worksession, Committee members discussed the State law
that prohibits disturbing the public peace and disorderly conduct. Md. Code, Criminal Law
Article, § 10-20 I (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 the worksession, Committee Chair Andrews requested written comments from the State's
Attorney describing the circumstances under which Criminal Law Article § 10-20 1 could be used
by the Police to avoid a repeat of the gang fight that occurred in downtO\vn Silver Spring (©69).
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 (©70-72).
8
Affiliated with the University of California, Berkeley/National Bureau of Economic Research.
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Loitering bill alternative
Bill 35-11, Offenses - Loitering or Prowling - Established, sponsored
by Councilmembers Andrews, Leventhal, and Rice was introduced on October 25, 2011. A
public hearing is scheduled for November 15 at 7:30 p.m. Bill 35-11 was introduced as an
alternative to Bill 25-11; the Council could enact either or both bills.
The Executive's Frequently Asked Questions document said (©73):
Police would confront teens called to their attention due to suspected suspicious,
menacing, potentially violent, or violent behavior. The police would not be
involved in routinely rounding up minors for the sake of enforcing the curfew
law, but the curfew would instead be a tool when encountering suspicious or
dangerous behavior either on patrol or when dispatched to a complaint from a
citizen. Those individuals would be asked to give their age and purpose for being
in a public place or establishment.
Bill 35-11 would define and prohibit certain loitering and prowling and specify enforcement
procedures and penalties. As defined in the Bill, "loitering and prowling means to remain in a
public place or establishment at a time or in a manner not usual for law-abiding persons under
circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety
of persons or property in the vicinity." Bill 35-11 was intended to give the police a more focused
tool to respond to the situations described by the Executive as the target of the curfew without
being limited to minors or certain times of the day.
Before 2006, the County Code prohibited certain loitering. However, the prior loitering law was
not based on Model Penal Code §250.6. Under the former version of Code §32-13, loitering was
defined as:
To circulate, stand around or remain or to park, or remain parked in a motor
vehicle at a public place or place open to the public and to engage in any conduct
prohibited under this law. Loiter also means to collect, gather, congregate or to
be a member of a group or a crowd of people who are gathered together in any
public place or place open to the public and to engage in any conduct prohibited
under this law.
Bill 15-06, enacted on July 11, 2006, deleted the term "loitering" from the Code and replaced it
with the current provision prohibiting certain "disturbing the public peace or disorderly
conduct." The legislative history for Bill 15-06 does not indicate that the former loitering law
was challenged in court. The Council deleted the term "loitering" at the suggestion of the
ACLU. County Code §32-14 currently provides:
Sec.
32-14.
Disturbing the public peace or disorderly conduct-Prohibited
conduct.
An
individual must not at, on, or in a public place or place open to the
pUblic:
(a)
interfere with or hinder the free passage of pedestrian or vehicular
traffic; or
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(b)
incite unlawful conduct, by words or intentional conduct, which is
likely to produce imminent unlawful conduct.
Although some behavior may violate both §32-14 and the proposed loitering or prowling offense
that would be established by Bill 35-11, in Council staffs view the removal of the term
"loitering" by Bill 15-06 does not affect the legal sufficiency of Bill 35-1 L
Loitering laws have been challenged on constitutional grounds in other states.
In
Chicago
v.
Morales,
527 U.S. 41 (1999), the U.S. Supreme Court held that a Chicago law prohibiting
loitering in a public place together with a criminal street gang member was impermissibly vague,
and violated the Due Process Clause of the 14th Amendment to the U.S. Constitution. However,
the Chicago "gang congregation" ordinance struck down in
Morales
is distinguishable from Bill
35-11.
Bill 35-11 is based on the American Law Institute's Model Penal Code §250.6 (©79-80).
Similar laws based on the Model Penal Code have been upheld in Georgia,9 Florida,lo and
Wisconsin.
I I
The Supreme Court of Georgia upheld the Georgia loitering law in
Bell
v.
State,
252 Ga. 267,313 S.E.2d 678 (1984). The Supreme Court of Florida upheld the Florida loitering
law in
Watts
v.
State,
463 So.2d 205 (Fla. 1985). The Supreme Court of Wisconsin upheld the
Milwaukee loitering and prowling ordinance
in
Milwaukee
v.
Nelson,
149 Wis. 2d 434; 439
N.W.2d 562 (1989). Despite the 1999 Supreme Court decision in
Morales,
convictions under the
loitering laws in Florida and Georgia were later upheld in
BJ
v.
State ofFlorida,
951 So.2d 100
(Fla. App. 2007) and
O'Hara
v.
State,
241 Ga. App. 855, 528 S.E.2d 296 (2000).
The Supreme Court of Georgia, in
Bell
v.
State,
described the test to decide if a statute is
unconstitutionally void for vagueness as:
The statute, when read as a whole, passes constitutional muster in advising
persons of ordinary intelligence of the conduct sought to be prohibited ... [and]
the statute also defines the offense in terms which discourage arbitrary
enforcement." 313 S.E.2d at 681.
Applying the same test to a similar loitering and prowling law based on Model Penal Code
§250.6, appellate courts in Washington,12 Oregon,13 and Idaho
14
held that the law was
unconstitutionally void for vagueness. A similar Omaha, Nebraska ordinance was declared
unconstitutionally vague by the United States Court of Appeals for the 8th Circuit in
Fields
v.
Omaha,
810 F.2d 830 (8 th Cir. 1987). The courts striking down these laws concluded that the
law provided too much discretion for a police officer to decide if an individual is violating the
law and is therefore susceptible to arbitrary or discriminatory enforcement.
It
is important to
note that a court could use the same theory to conclude that the Executive's proposed
o.C.G.A.
§
16-11-36
(2011).
10
Fla. Stat.
§
856.021
(2011).
II
Milwaukee City Ordinance
§
106-3 1.
12
Bellevue v. Miller,
85 Wn.2d 539; 536 P.2d 603 (1975).
13
Portlandv. White,
9 Ore. App. 239; 495 P.2d 778 (1972).
14
Statev. Bitt,
118 Idaho 584; 798 P.2d 43 (1990).
9
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enforcement of the curfew is susceptible to arbitrary or discriminatory enforcement. We could
not find any Maryland appellate court decisions that reviewed a similar law for vagueness. The
County Attorney's Office is currently reviewing Bill 35-11 for legal sufficiency.
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 of persons and organizations.
• Support:
Comptroller Peter Franchot, East County Citizens Advisory Board, Greater
Bethesda-Chevy Chase Chamber of Commerce, Greater Silver Spring Chamber of
Commerce, Montgomery County Civic Federation, Safe Silver Spring, Silver Spring Urban
District Advisory Committee.
• Opposed:
Delegate Kirill Reznik, Action Committee for Transit, American Civil Liberties
Union, Fraternal Order of Police, Identity, 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, 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:
15
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'''.
15Because 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
olds "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 munerous 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.
16
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
7
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.
",18
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, \vithout further analyzing the rest of the law, the Court ruled that the entire law
was unenforceable.
exceptions in Charlottesville's curfew law were similar but not identical to those proposed in Bill 25-11 and the
Executive's amendments.
170ne judge dissented on issues of governmental immunity from damages but concurred in the vagueness holding.
18
The Court seemed especially irked by "the several conflicting interpretations of 'bona fide organization' offered
in
good faith by the parties through the course of the litigation." The City Police Chief, Mayor, and City Attorney each
defined the term differently in testimony or the City's briefs.
16
The
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Hutchins v. District ofColumbia,
188 F.3d 531, 338 U.S. App. D.C. (en banc, 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."
Topics for Committee Discussion
The primary question for the Committee's consideration is whether a curfew is warranted and
would improve law enforcement and the quality of life in the County. In making this decision,
Committee members 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 discussing these central issues, if the Committee is inclined to recommend enactment of
some version of Bill 25-11, Committee members should review the following specific issues:
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" (©74). 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 (©75).
Would this type of selective enforcement open the County to charges of arbitrary and/or
discriminatory enforcement that rendered certain loitering laws unconstitutional?
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 certain time period that does not exceed a specified limit (e.g. 6 months).
11
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This time limit would assure a regular review of the need for and effectiveness of any curfew.
Councilmember Floreen's amendment is on ©8l.
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 (©85). The curfews in D.C. and Prince George's County apply to
minors under 17.
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 (e.g., Friday night) and Sunday (e.g., 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
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 (©87).
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.
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 (©88).
In addition, Jane Redicker, from the Greater Silver Spring Chamber of Commerce urged the
Council to add an exception for owner/operators of establishments such that they 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
12
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the County during curfew hours. There is an exception in the bill for minors who are engaged in
employment, or going to, or returning home from, employment, without any detour or stop, but
there is not an parallel exception for the employer.
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 (©90). 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.
19
Sunset
In its initial letter expressing concerns about Bill 25-ll, 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 (©91). Although the Chamber now
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.
This packet contains:
Expedited Bill 25-11
Legislative Request Report
Introductory memo from County Executive
Revised Bill with Executive amendments
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 FAQ
Model Penal Code §250.6
Councilmember Floreen amendment
Washington Post
article
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
Circle
#
1
9
10
11
22
57
59
62
69
70
73
79
81
82
85
87
88
90
91
F:\LAw\BILLS\1125 Curfew\Public Safety Memo 11-3.Doc
19
See Md. Code. Transportation Article, §16-113(d).
13
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Expedited Bill No. _--=2.:..5-...:.,1..:...1_ __
Concerning: Offenses - Curfew -
Established
Draft No. 1
Revised:
7/11/2011
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 of the County Executive
AN EXPEDITED ACT
to:
(l)
establish a curfew for minors;
(2)
make certain findings;
(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.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED BILL
No. 25-11
1
2
3
Sec 1. Sections 32-23A is added as follows:
32-23A. Curfew.
{ill
Findings and Purpose.
4
5
ill
There has been an increase in juvenile violence, juvenile
activity, and crime
Qy
minors in the County.
@!!g
6
7
8
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.
9
10
11
12
ill
The County is obligated to provide for:
.cAl
the protection of minors from each other and from other
persons;
ill2
!£2
ill}
the
enforcement
of
parental
control
over,
and
13
14
15
16
17
18
responsibility for, children;
the protection of the general pUblic; and
the reduction of the incidence of juvenile criminal
activities.
ill
A
curfew for minors is in the interest of the public health,
safety, and general welfare and will help to attain these
objectives and to diminish the impact of unwanted conduct on
County residents.
19
20
21
22
23
ill
A
curfew law will protect the welfare of minors by:
(A) reducing the likelihood that minors will be the victims of
criminal acts during the curfew hours;
24
25
ill2
reducing the likelihood that minors will become involved
in criminal acts or exposed to trafficking
in
controlled
substances during the curfew hours; and
26
27
(C)
aidin!2:
to
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EXPEDITED BILL
No. 25-11
28
29
30
31
32
33
exerCIse reasonable supervision of minors entrusted to their
care.
au
Definitions.
In this Section, the following terms have the meanings indicated:
Curfew hours
means from
11
p.m. on any Sunday, Monday, Tuesday,
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
34
35
36
37
38
39
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
~
fire, natural disaster, automobile accident, or any situation that
requires immediate action to prevent serious bodily injury or loss of
life.
Establishment
means any privately-owned place of business to which
40
41
42
43
the public is invited, including any place of amusement or
entertainment.
Minor
means any person under
~
44
45
46
years old. but does not include
~
judicially emancipated minor or
f!
married minor.
Operator
means any individual, finn, association, partnership. or
47
48
corporation that operates, manages, or conducts an establishment.
Operator
includes the members or partners of an association or
49
50
51
52
53
54
partnership and the officers of
f!
corporation.
Parent
means:
ill
ill
natural parent;
adoptive parent;
steD-Darent:
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ExPEDITED BILL
No. 25-11
55
56
57
58
59
ill
ill
any person who has legal custody or is the guardian of
§:
minor
J2y
court order or marriage;
any person who is at least 21 years old who is authorized
J2y
§:
natural parent, adoptive parent, step-parent, or custodial parent
of
§:
child to act as
§:
caretaker for the child; or
60
61
®
§:
public or private agency with whom
§:
minor has been placed
J2y
§:
court.
Public place
means any place to which the public, or
§:
62
63
64
65
substantial
group of the public, has access.
Public place
includes any street,
highway, and common area of
§:
school, hospital, apartment house,
office building, transport facility, or shop.
Remain
means to linger, stay, or fail to leave
establishment when requested to do so
J2y
§:
§:
66
67
68
public place or
police officer or the
owner, operator, or other person in control of the public place or
establishment.
Serious bodily' in;ui}!.
means bodily injury that creates
§:
69
70
substantial
71
72
risk of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
!.£)
73
74
75
Prohibitions.
ill
ill
Minor.
A minor must not remam m any public place or
76
77
establishment in the County during curfew hours.
Parent.
A parent of
§:
minor must not knowingly permit, or
J2y
insufficient control allow, the minor to remaIn in any public
place or any establishment in the County during curfew hours.
The term "knowim!lv" includes knowledge that
§:
I2§.rent should
reasonably
eXDected
78
79
80
81
a
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ExPEDITED BILL
No.
25-11
82
83
84
mmor m that parent's legal custody.
This requirement is
intended to hold .9: neglectful or careless parent to .9: reasonable
community standard of narental responsibility through an
objective test.
It
ib
therefore, no defense that .9: parent did not
know of the activities, conduct, or location of the minor.
85
86
87
88
ill
Owner
Q!
Operator.
The owner or onerator of an
establishment must not knowingly allow .9: minor to remain at
an establishment in the County during curfew hours. The 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 .9: reasonable person in the position. of the owner or
operator should have known that the patron was .9: minor
committing .9: curfew violation.
89
90
91
92
93
94
95
96
97
@
Defenses.
ill
It
is not .9: violation of this Section if .9: minor during curfew
hours was:
98
99
®
accompanied by the minor's parent;
accompanied by an adult authorized by the minor's
parent to accompany the minor for .9: specified period of
time and purpose in .9: snecified area;
100
101
102
103
an
([}
on an errand at the direction of the minor's parent,
without any detour or stop, until 12:30 a.m.;
104
105
106
107
108
ill}
in.9: motor vehicle, train, or bus in" interstate travel
through the County or starting or ending in the County;
engaged in employment or going
!Q"
or returning home
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ExPEDITED BILL
No. 25-11
109
minor must
fillIY
§!
valid work permit issued under State
law·
=.:..:..:z.
110
111
112
ill
{ill
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 g next-door neighbor if the
neighbor did not complain to the Police Department
about the minor's presence;
113
114
115
ili2
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
ill
attending
an official
school,
religious,
or other
recreational activity sponsored
Qy
the County, g civic
organization, or
§!
similar entity that takes responsibility
for the minor, or going
~
or returning home from,
without any detour or stop, an official school, religious,
or other recreational activity supervised
Qy
adults and
sponsored
Qy
the County,
§!
civic organization, or
§!
similar entity that takes responsibility for the minor; or
ill
(2)
exercising First Amendment rights protected
Qy
the
United States Constitution.
It
is not g violation of subsection (c)(3) if the owner or operator
of an establishment promptlv notified the Police Department
that g 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,
§!
police officer must ask an apparent minor's age and reason for
being in the public place or establishment. The officer must not
a===
=~
134
135
==
this
~~-'
====
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ExPEDITED BILL
No. 25-11
136
137
138
139
officer reasonably believes that:
®
ill)
an offense has occurred; and
based on any response and other circumstances, no
condition in subsection
@
applies.
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
1
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.
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
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
mommg.
~
a.m. the next
ill
Penalties.
ill
Any parent or any owner or operator of an establishment who
violates this Section has committed
f!
separaten'offense for each
dav, or part of
f!
day, during which the violation is committed,
continued, or pennitted. Each offense is
£!
Class A violation.
a==-::..:.
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ExPEDITED BILL
No.
25-11
163
164
165
166
167
168
169
170
each conviction for violating this Section to complete parenting
classes.
ill
A minor found to have violated this'Section
hI
the Juvenile
Court may be ordered to perform
1m.
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:
171
172
Valerie Ervin, President, County Council
Date
173
174
Approved:
Isiah Leggett, County Executive
Date
175
176
This is a correct copy ofCouncil action.
Linda M.
Lauer~
Clerk of the Council
Date
F:\LAVv,\BILLS\llxx Curfew\Bill I.DOC
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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
SOURCE OF
INFORMATION:
APPLICATION
WITHIN.
MUNICIPALITIES:
PENALTIES:
Class A
F:\LAW\8ILLS\(125 Curfew\LRR LDoc
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OFFICE OF THE COlJNTY EXECUTIVE
ROCKV[LLE, MARYLAND 20850
,
,
Isiah Leggett
.County Executive
MEMORANDUM
July 11,2011
TO:
Valerie Ervin, President
Montgomery County Council
Isiah Leggett, County Executive
Proposed Legislation Establishing a Curfew for Minors
FROM:
SUBJECT:
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 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.
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@montgmoerycountymd.gov.,.
Attachment
montgomerycountymd.gov/311
".Mc311:
,11""'....
U ...
,1",,1
A-,
240-773-3556 TTY
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
August 31,2011
TO:
Valerie Ervin
Council President
~'
.,...<_ _
FROM:
Isiah Leggett
County Executive
~
SUBJECT:
Recommended amendrnents to Bill 25-11, Offenses - Curfew - Established
I want to thank the Council for introducing Bill 25- I I, Offenses - Curfew -
Established on my behalf on July 12 and promptly holding a public hearing on the bill on Ju1y
26, Based on testimony provided at the public hearing and feedback 1 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 be
amended to rnake a curfew violation a Class B civil offense that is punishable by a maximum
fine of$100 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 rnade by a police officer to prevent a
disturbance of the public peace.
montgomerycountymd.gov/311
240-713-3556 TTY
®
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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 ComIty 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 bill, a minor may not be cited for a curfew violation ifthe 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
"knowingly" from the bill because this is a legal teml 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
permit 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 affinnative 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 p1ace 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 permit 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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Expedited Bill No.
_--=2~5-..l.1.:..,1
,.--,._ _
Concerning: Offenses - Curfew -
Established
Revised: 7/11/2011
Draft No. 2
Introduced:
July 12. 2011
Expires:
January 12. 2013
Enacted: _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _-.,...,._ _ _ _ _ __
Sunset Date:
-lN~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 findings;
(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 Gode
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.
Existing law unaffected
by
bill.
The County Council for Montgomery County, Maryland approves the following Act:
1
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EXPEDITED BILL NO.
25-11 (DRAFT 2)
1
Sec
1.
Sections 32-23A is added as follows:
32-23A. Curfew.
2
3
4
ill
Findings and Purpose.
ill
[[There has been an increase in]] A curfew for rnil19fS
Will
heIR
reduce juvenile violence, juvenile
minors in the County.
g@g
5
6
7
8.
activity, and crime
12Y
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.
9
10
11
ill
The County [[is obligated!Q]J. should provide for:
(A1
the protection of minors from each other and from other
persons;
12
13
£ID
(C}
the
enforcement
of parental
control
over,
and
14
responsibility for, children;
the protection of the general pUblic; and
the reduction of the incidence of juvenile criminal
activities.
15
16
17
18
@
®
A curfew for minors is in the interest of the public health.
safety, and general welfare and will help to attain these
obj ectives and to diminish the impact of unwanted conduct
0!l
County residents, including the prevention of disturbances
ill
the public peace.
19
20
21
22
23
ill
A curfew law will protect the welfare of minors by:
24
25
CA)
reducing the likelihood that minors will be the victims of
criminal acts during the curfew hours;
26
27
£ID
reducing the likelihood that minors will become involved
in criminal acts or exposed to trafficking
in
controlled
2
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EXPEDITED BILL No. 25-11
(DRAFT
2)
28
substances during the curfew hours; and
29
30
31
©
c~e.
aiding parents in carrying out their responsibility to
exercise reasonable supervision of minors entrusted to their
32
33 .
34
35
ill
Defmitions.
In this Section, the following tenns have the meanings indicated:
Curfew hours
means from
11
p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday, until ,2. a.m. the following day, and from
12:01 a.m. until,2. a.m. on any Saturday or Sunday.
Drug trafficking
means the act of engaging in any prohibited activity
36
37
38
39
related to controlled dangerous substances as defined in State law.
Emergency
means [[an unforeseen combination of circumstances or
40
41
the resulting state that calls for immediate action.
includesU
~
Emergency
fire, natural disaster, automobile accident. or any situation
42
43
44
that requires immediate action to prevent serious bodily injury or loss
of life.
Establishment
means any privately-owned place of business to which
45
46
the public is invited, including any place of amusement or
entertainment.
Minor
means any person under 18 years old, but does not include
~
47
48
49
50
51
52
judicially emancipated minor
QI
~
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
~
corporation.
Parent
means:
53
54
ill
natural
p~ent;
3
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EXPEDITED BILL NO. 25-11
(DRAFT
2)
55
56
57
58
ill
ill
ill
adoptive parent;
step-parent;
any person who has legal custody or is the guardian of
i\
minor
by
court order or marriage;
59
60
61
ill
any person who is at least 21 years old who is authorized
by
i\
natural parent, adoptive parent, step-parent, or custodial parent
of
i\
child to act as
i\
caretaker for the child; or
62
63
®
i\
public or private agency with whom
i\
minor has been placed
by
i\
court.
64
65
66
67
Public place
means any place to which the public, or
~
substantial
grou:g of the public, has access.
Public place
includes any street,
highway, and common area of
!!
school, hospital, apartment house,
office buildin..g, transport facility, or shop.
Remain
means to linger, stay, or fail to leave
i\
public place or
establishment when requested to do so
l:!y
i\
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 an):: bodily member or
organ.
68
69
70
71
72
73
74
75
76
77
78
W
Prohibitions.
ill
ill
Minor.
A minor must not remain in any public place or
establishment in the County during curfew hours.
Parent.
A parent of
!!
minor must not knowingly [[permit. or
79
80
81
l:!y
insufficient control]) allow, the minor to remain
in
any
public place or an):: establishment in the County during curfew
4
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EXPEDITED BILL
No.
25-11 (DRAFT 2)
82
83
hours.
liThe tenn "knowingly" includes knowledge that
~
~
parent should reasonably be expected to have concerning the
location of
~
84
85
minor in that parent's legal custody.
This
requirement is intended to hold
~
neglectful or careless parent to
reasonable community standard of parental responsibility
~
86
87
88
89
through an objective test.
It
minor.))
therefore, no defense that
~
parent did notknow of the activities, conduct; or location of the
90
91
ill
Owner or Operator.
The owner or operator of an
~
establishment must not knowingly allow
minor to remain at
92
93
94
an establishment in the County during curfew hours.
[[The
tenn "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
~
95
96
reasonable person in the position of the
~
97
98
owner or operator should have known that the patron was
minor committing
~
curfew violation.]]
@
Affirmative Defenses.
99
100
101
102
ill
It
is Hnot]] an affinnative defense to a violation of this Section
if
~
minor during curfew hours was:
CA)
accompanied.by the minor's parent;
accompanied.by an adult authorized .by the minor's
parent to accompany the minor for
~
specified period of
time and purpose in
~
specified area;
103
104
lID
105
106
(Q
@
on an errand at the direction of the minor's parent,
without any detour or stop, until 12:30 a.m.;
in
~
107
108
motor vehicle, train, or bus in interstate travel
5
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EXPEDITED BILL
No. 25-11 (DRAFT
2)
109
through the County or starting or ending in the County:;
110
111
112
113
114
115
®
engaged in employment, or going!Q,.
Q!
returning home
from. employment, without any detour or stop. [[The
minor must carry
!!
valid work permit issued under State
law]];
ill
(0)
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
!!
next-door neighbor if the
neighbor did not complain to the Police Department
about the minor's presence;
116
.an
117
118
119
120
121
122
123
124
125
126
127
128
129
130
ill.
attending or. returning home from. without any detour..
an official school, religious, or [[otherll recreational
activity sponsored
Qy:
the County,
!!
civic organization,
or
!!
similar entity that takes responsibility for the minor
at the event
U.
or going !Q,. or returning home from,
without any detour or stop. an official school, religious,
or other recreational activity supervised
Qy:
adults and
sponsored
Qy:
the County.
f!:
civic organization, or
f!:
similar entity that takes responsibility for the minor; orll
ill
(K)
exercising First Amendment rights protected
Qy:
the
United States
Constitution[[.]]~
attending or returning home
(rQllJ.
without any detour,
an event at a place of public entmainment. including a
movie, concert, play. or sporting event.
131
132
133
134
135
ill
It
is [[not]] an affirmative defense to a violation of subsection
i£)Q).
if the owner or operator of an establishment promptly
6
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EXPEDITED BILL
No. 25-11 (DRAFr 2)
136
notified the Police Department that
!!
minor was present in the
establishment during curfew hours and refused to leave.
~
137
138
139
Enforcement procedures.
ill
Before taking any enforcement action under this Section,
!!
police officer must ask an apparent minor's age and reason for
being in the public place or establishment. The officer must not
issue
!!
citation
.l[Qr
make an arrest]] under this Section unless
the officer reasonably believes that:
(A)
an offense has occurred; and
based on any response and other circumstances, no
condition in subsection@ applies.
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
!ID
ill
If
!!
police officer finds that
!!
minor is committing
!!
curfew
offense, the police officer [[must take the minor to the nearest
available Police facility, substation, or other area designated
Q:y
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.
.I.f!ll
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
!!
person acting in loco parentis with
respect to the minor must not be taken into custody for violation
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
7
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EXPEDITED BILL No.
25-11 (DRAFT 2)
163 .
164
Human Services, who may release the minor at
~
a.m. the next
morningJI
165
166
167
168
169
170
171
172
ill
Penalties.
ill
Any mmor.
parent~
or any owner or operator of an
establishment who violates this Section has committed
f!:
separate offense for each day. or part of
~
day. during which the
violation is committed, continued, or pennitted. Each offense
i~ ~
Class
lliill
B violation.
.I.Iill
The Court may also require one or more parent of
f!:
minor. after
each conviction for violating this Section to complete parenting
claSses.
173
174
ill
A minor found to have violated this Section
Qy
the Juvenile
Court may be ordered to perfonn YO to 25 hours of community
service for each violation.U
175
176
177
Sec 2. Expedited Effective Date.
178
179
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:
180
181
Valene Ervin, President, County Council
Date
182
Approved:
183
Isiah Leggett, County Executive
Date
8
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
September 13,2011
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 forwarded 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. llook forward to working with Council as it moves forward
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 of the 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 ofthat 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.
montgomerycountymd.gov/311
240·713-3556 TTY
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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
Gennantown just before 2:00 a.m. is a glaring example ofthe 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 iillarge part to the increase in the number of
juveniles arrested for larceny, assault, and controlled dangerous substance (CDS) offenses.
2009!
Larceny
Assault
i
CDS
438
143
440
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 of minors 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 2011 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 ofthe 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 of 2011 .
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 calls for service each year during the proposed curfew hours that
result in written reports of crime for which no arrest is made 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 of20l1 between 11 :00 p.m. and 5:00 p.m.
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Valerie Ervin, Council President
September 13,2011
Page 4
In tenus 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
Juv. Victims
%
Juv. Victims
2008
2009
2010
58,992
55.292
49,537
2475
2075
2,009
4.2%
3.8%
4.1%
This table is based on
cns
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 ofreported robbery incidents with a
juvenile victim that occurred between 11 :00 p.m. and 5:00 a.m. during 2008,2009, and 2010:
I
Robbery incidents with a
juvenile victim occurring
between 11:00 p.m. and 5:00
am
2008
35
2009
32
2010
32
This table reflects the number of robbery incidents with at least one juvenile victim.
It
does not
reflect the actual number of juvenile 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
I
i
2009
71
2010
97
100
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
Page 5
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 (OHHS),
Recreation Department, State's Attorney's Office, Montgomery County Public Schools (MCPS),
and Department of Corrections 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 of prevention, 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.montgomerycoul1tymd.gov/content/councillpdflagendalcoI/20
09/091110/20091110
1O.pdf
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Valerie Ervin, Council President
September 13, 2011
Page 6
June 24,2010 PS/HHS Committee Meeting
http://www.montgomerycountymd.gov/content/councillpdf7agenda!crnJ20
101100624/20100624
PSHHS1.pdf
October 21,2010 - PSIHHS Committee Meeting
http://www.montgomerycountymd.gov/contentlcouncillpdf7agenda!cml20
10/101021120101021
HHSPSLpdf
.
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 Staffing 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 staffthat have engaged a total of 380 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:
DJ/Life Skills Program which serves 40 youth per week;
Boxing/Life 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 building/Life Skills Program that serves about 30
youth per week.
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Valerie Ervin, Council President
September 13, 2011
Page?
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 staffmember 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 infonnation 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 ofthe 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 FYl2 was cut completely. These programs are well regarded deterrents to juvenile
delinquency and I support the reestablishment ofthese 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 Cowlcilmember 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 allowed 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 Bill 25-11 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 (1) 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 Bi1l25-11 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) ofthe Criminal Law
Article to arrest an individual who disobeys an order made by a police officer to prevent a
disturbance ofthe public peace.
7.
The bill allows 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 BBS 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.eduldepttools/depttoolsmemberflles/rcpi/Policy%20Papers/Curfew%20Resea
rch.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% ofrespondents 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 ofsuch 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-te-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.edul-pkline/papers/curfews resubmit.pdf.
The
Impact ofJuvenile Cuifew 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 ofviolent 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 ofthe 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 (laws 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 o/Charlottesville,
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 information from many sources, including (but not
limited to) local crime data, surveys ofpublic 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/pdffilesllnij/grants/200S20.pdf. 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 law should apply Countywide. A curfew that applies in
only certain parts of the 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
th~
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 and interesting venues to which all are
welcome. However, the violence that occurred hi 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 fiscal impact of Bill 25-11
?
Bill
25-11
would have no fiscal impact on the County. See
Attachment
F for 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 Impact Statement
prepared by the Office of Management and Budget for this bill.
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Valerie 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. CharlottesviUe
(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).
Bill 25-11 does not suffer from the infirmity 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 term "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 you 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, C01ll1cil 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. lfthe 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.
lfirmly 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 of youth gatherings
which lead to calls for service to the police, keep the Hgood" kids good and the at"risk kids from
becoming victims or victimizers, reduce
lat~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 ofDHHS.
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 comer 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 ofthe 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 ofthe 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 hanning 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 crimina1law 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. Bil125-1l 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 Bi1125-11 is enforced in a fair and objective manner, including a
requirement to collect and report relevant data.
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Valerie Ervin, Council President
September 13, 2011
Page 17
c:
Timothy Firestine, Chief Administrative Officer
Uma Ahluwalia, Director, Department of Health and Human Services
Gabe Albornoz, Director, Department of Recreation
Kathleen Boucher, Assistant Chief Administrative Officer
Marc Hansen, County Attorney
Tom Manger, Chief of Police
Amanda Mihill, Legislative Attorney
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ATTJiC,HMENT,
a,
I
-
C
0
cu
....
3,000
QI
2,500
<
QI
2,000
"'0
Juvenile Criminal Arrests 2006-2010
As
A
Percentage of Overall Arrests
.
lIoo
lIoo
VI
VI
>
::J
..,
.a
Z
::J
QI
1,500
1,000
. 500
0
2006
2007
2008
, Year
cu
E
2009
2010
12,500
."
-...------~---------....,
Adult Criminal Arrests 2006-2010
As A Percentage of Overall Arrests
~
10,000
cu
...
lIoo
<
.t!
7,500
~
'0
5,000
lIoo
::J
.a
cu
. §
2,500
z
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
3,000
.----;--,----:----;-:;,-::-~='7.:"_:_::T"":;r"~...,...,~7.7l
2,
500
+--7CC--:::;;=----'-c-:c--~-::-'-~~-=:_,_.:~~'_'i'~~~
2,000
+-----'--''--,..,.=-'-~:;=;_--'-~~'"''r:
'.,iC.:=.:.:-::~
1
,500
+--""'~--"""':--7-""-:--h~f::::,---,-.,---7:':~~~
Adult Arrests vs. Juvenile,
2300~0459
hours
6,000
5,000
4
,000
~=~~~~~~~~~~;~~~~~~ii~~~
+
+-~:;:-~~'---'.:.....,..".';";;~1....,;~;';'~~i:i
3,000
fr-----,--~~.,:...;;~:;,...,-=i.~~!,,~~~~~
2,000
1,000
a
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 reccrds
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 5AM 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
Calls With No Written Report but Criminal or Civil Citation
Issued (Except Parking and Traffic Citations) - Dash 3
'
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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A Status Report on Youth Curfews
ill
Amenc
S
CIties:
A 347-Clty Survey
AT.T~CHm:.:NTE'.
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 of those surveyed, had a nighttime curfew. Fifty-seven percent
of these cities considered their curfew effective.
Since that survey was done the trend toward establishing curfews-hoth 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 ofthose curfews.
.
The 1997 survey gathered information from 347 cities with a population over 30,000. Mayors and city
officials were asked for information on:
the use of both daytime and nighttime curfews,
perceptions of whether curfew enforcement is a good use of police 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,
7.
problems encountered in implementing curfews and
8. constitutional challenges to curfews.
Among the findings of the survey:
1.
2.
3.
4.
5.
6.
• 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 ofcities which have curfews.
• Nine ont 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 other 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 (MO):
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 interyene 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 coinmented 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 offbalance,
as
they are never sure when the police
will be around. Finally} several conunented that there is nowhere
to
take the young
p~ple
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 is no
punishment.
o
Freeport
(lL):
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 for the 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 ofthe cure.
o Fresno: Because of the curfew there is less gathering. Less gathering means fewer calls for
police.
.
o South 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 rerp.oves
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.
• AD
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.'' 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 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:
is
o
Canton: Police
find
more runaways and missing juveniles. reducing the number of
delinquencies.
.
o
Tulsa: The criminal element has to work harder to "hide" 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.
Thirty-three cities (12 percent) said that curfeW's have 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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