Lee County Jail continues to limit intakes
For individuals facing arrest in Lee County, COVID-19 might just have had a silver lining of sorts — a temporary get-out-of jail free card.
As the pandemic got under way, a policy was implemented at the Lee County Jail that limits the intake of those arrested to certain crimes such as DUIs, domestic violence arrests and crimes classified as violent felonies.
Most other arrests, including many misdemeanors and non-violent felonies, net those accused a notice to appear from the arresting officer or, for a felony case, a subsequent arrest warrant issued by the State Attorney’s Office.
A notice to appear is an arrest but does not include transportation to jail, booking and, possibly, the posting of bond to be released. Law enforcement officers usually have the authority to decide whether a notice to appear or transport to jail is the appropriate means of arrest for a misdemeanor. A felony arrest usually requires an officer to transport the person charged for intake at the jail.
Although the statewide COVID-19 emergency lifted last month, the Lee County Sheriff’s Office said last week its COVID-related intake and bookings policy remained prudent and consistent with other major jails throughout Florida.
In response to emailed questions requesting information on the policy that continues following the lifting of Florida’s COVID-19 emergency order on June 26, and a related new law that went into effect on July 1 limiting how long any local state of emergency can remain in effect, the Sheriff’s Office responded with a prepared statement first released in May:
“During the COVID-19 crisis, public safety requires that space remain available in the jail to house violent offenders and others who pose significant danger to the community.
“To assure we can accept and house those individuals who pose a danger to the public, consistent with major jails throughout Florida, the Lee County Jail currently accepts arrestees charged with violent offenses, DUI, domestic violence, etc., or who otherwise pose a danger to the public or property. Additionally, the jail accepts arrestees resulting from special community-based operations implemented to address specific public safety purposes.
“Individuals who violate the law continue to be charged and held accountable. Non-violent offenders who do not pose a danger to the public are required to answer in court for their actions, through notices to appear, summons, or warrants,” the release states, in part.
The policy would continue as long as it appropriate, according to the prepared statement.
“We are constantly reviewing our agency practices, including our booking process as a pertains to COVID-19. If and when any updates to the above protocol are made, we will inform the media.”
As of press time on July 9, no notice of change had been received.
The Charlotte County Jail did not limit intakes at any time during COVID-19. While Collier County deputies “are encouraged to issue NTAs for nonviolent offenses under COVID protocols,” they continued to have the discretion to make a physical arrest instead, officials said.
The Lee County Jail policy is impacting both the number of warrants issued by the Sate Attorney’s Office and how local agencies are able to handle arrests.
The number of warrant requests received by the State Attorney’s Office thus far this year has exceeded all those received in pre-pandemic 2019.
The office for the 20th Judicial Circuit — Charlotte, Collier, Hendry, Glades and Lee counties — received 1,296 requests for all of 2019. As of June 18, 2021, the State Attorney’s Office had received 1,293 such requests, most of them from Lee County agencies.
Lee County warrant requests totaled 1,057 as of June 18, up from 810 for all of 2019. The Lee County agencies’ request tally for 2020 was 1,433 of the 1,904 total received. Charlotte numbers for 2019, 2020 and 2021 thus far are 109; 135, 115; Collier, 233, 202, and 78; Hendry, 106, 99 and 26; and Glades, 38, 35 and 17, respectively, according to numbers provided by the State Attorney’s Office.
Other than confirming numbers are up, the office referred any comment on the policy to the Lee County Sheriff’s Office.
“We are aware of the policy but will direct any questions on the policy to the Lee County Sheriff’s Office. It has increased the number of warrants,” the office said via email.
An interview request made to Lee County Sheriff Carmine Marceno on July 7 was declined.
To reach VALARIE?HARRING / vharring@breezenewspapers.com, please email