07-06-2005
City rnrnrnu-ma
Susan Gottlieb, Mayor
A~ City of
~ventura
C\
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City M.nwr
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
lIarry lIolzberg
Michael Stern
Luz U rbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City AttamV
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske
AGENDA
JULY 6,2005 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
June 7, 2005 Commission Meeting
June 16, 2005 Commission Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE EASEMENT TO FLORIDA POWER AND LIGHT ON
THE MIDDLE SCHOOL WING ADDITION; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$11,200 FOR SWAT EQUIPMENT AND JUVENILE DRUG
PROGRAM FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA TRAFFIC
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
July 6, 200S Commisaioo Meeting
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPOINTING THE FIRM OF
O'LEARY RICHARDS DESIGN ASSOCIATES, INC. TO
PERFORM PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR
PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED
IN SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE
CITY OF A VENTURA, ENTITLED "GENERAL PROVISIONS", TO
ESTABLISH SECTION 1-16, ENTITLED "SEXUAL VIOLATOR
RESIDENCY PROHIBITION," PROHIBITING CONVICTED SEXUAL
VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF AVENTURA; PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-144(b) "NEIGHBORHOOD BUSINESS
(Bl) DISTRICT" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE; TO PERMIT DRY
CLEANING TO BE CONDUCTED ON PREMISES AS A
CONDITIONAL USE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE AND
PROVIDING FOR AN EFFECTIVE DATE.
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July 6, 200S C"""'"..;oo Meeting
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
CREATING DIVISION 4 "TRAFFIC ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE BY CREATING
SECTION 2-181 "CREATION, COMPOSITION AND
QUALIFICATIONS," SECTION 2-182 "DURATION OF
BOARD", SECTION 2-183 "ADVISORY CAPACITY", SECTION
2-184 "RULES OF PROCEDURE; QUORUM", SECTION 2-185
"JURISDICTION"; AND SECTION 2-186 "STANDARDS OF
CONDUCT FOR MEMBERS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2004-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2004/2005 FISCAL YEAR BY REVISING THE 2004/2005 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10.0THER BUSINESS: None
I1.PUBLIC COMMENTS
12.REPORTS
13.ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION MEETING
COMMISSION WORKSHOP
JULY 21, 2005
JULY 21, 2005
10 A.M.
11 A.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466.8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the A ventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items maybe viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
3
A~
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MINUTES
CITY COMMISSION MEETING
June 7, 2005
following 6 p.m. LPA meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Billy Joel, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Leonard Brenner led the pledge of allegiance.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Commissioner Weinberg requested removal of item 5-D. A
motion to approve the remainder Consent Agenda was offered by Commissioner
Diamond, seconded by Commissioner Joel, unanimously passed and the following
action was taken:
A. The minutes of the June 25, 2004 Commission Meeting, May 3, 2005
Commission Meeting, May 19, 2005 Commission Meeting and May 19.
2005 Workshop Meeting were approved.
B. Resolution No. 2005-24 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2005/06 TO 2009/10 AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C. Resolution No. 2005-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
E. Resolution No. 2005-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO STUDY THE FEASIBILITY OF
ESTABLISHING A "TURBO LANE" FOR BISCAYNE BOULEVARD
FROM IVES DAIRY ROAD TO MIAMI GARDENS DRIVE TO IMPROVE
SOUTHBOUND TRAFFIC FLOW; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2005-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 05-05-31-2, NE 27TH AVENUE ROADWAY
IMPROVEMENTS, TO MEF CONSTRUCTION, INC. AT THE BID PRICE
OF $442,490.00. AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2005-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY
RICHARDS DESIGN ASSOCIATES, INC. TO PERFORM
PROFESSIONAL LANDSCAPE ARCHITECT SERVICES RELATIVE TO
ISQ NO. 05-3-16-2, PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH ALTERNATE FIRM OF BERMELLO, AJAMIL,
AND PARTNERS, INC., SHOULD NEGOTIATIONS WITH THE
SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
H. Resolution No. 2005-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
2
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE
I. Resolution No. 2005-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN JOINT
PROJECT AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY TO PROVIDE FOR CONNECTOR
IMPROVEMENTS ON MIAMI GARDENS DRIVE; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
J. Resolution No. 2005-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01..Q103..Q53
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN
OF WATERWAYS PARK BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE
AMOUNT OF $260,068.00; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
K. The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2004-15 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200412005 FISCAL
YEAR BY REVISING THE 2004/2005 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed
separately:
D. Commissioner Weinberg read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 2001-21
CONCERNING CITY COMMISSION MEMBERS ATTENDANCE AT
MEETINGS OF CITY OF AVENTURA BOARDS AND AGENCIES;
PROVIDING FOR AN EFFECTIVE DATE.
After discussion, a motion to reject this item was offered by Commissioner
Weinberg, seconded by Commissioner Stern and passed 6-1, with Mayor
Gottlieb voting no.
6. ZONING HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures. Ex-parte
communications by Commissioners, if any, were disclosed and filed with the City
Clerk in accordance with City Code Section 34. All witnesses giving testimony in
these hearings were sworn in by the City Clerk. Mr. Wolpin then read the following
resolution by title:
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A
WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR
INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN
ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
A motion to consider this item was offered by Commissioner Diamond and
seconded by Commissioner Weinberg. Ms. Carr explained the request of the
applicant and entered the staff report into the record. Anthony Carriolo, Esq.,
representing the applicant, addressed the Commission and requested a 15-
minute recess to review the staff report. A motion to grant his request was
offered by Commissioner Stern, seconded by Vice Mayor Auerbach and
unanimously passed.
(This item resumed at 8 p.m.)
Mr. Carriolo requested a continuance to the July 6, 2005 Commission meeting.
A motion was offered by Commissioner Joel, seconded by Commissioner
Diamond and unanimously passed to grant a continuance of this matter to the
first Commission meeting in September 2005 at 6 p.m.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (B1) DISTRICT" OF
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE; TO PERMIT DRY CLEANING TO BE CONDUCTED ON
PREMISES AS A CONDITIONAL USE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Joel, and seconded by Commissioner Diamond.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. The motion for approval passed 5-2 by roll call
vote, with Commissioners Diamond, Joel, Holzberg, Stern and Weinberg
voting yes and Vice Mayor Auerbach and Mayor Gottlieb voting no.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING
DIVISION 4 "TRAFFIC ADVISORY BOARD" OF ARTICLE III
"ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE BY CREATING SECTION 2-181 "CREATION,
COMPOSITION AND QUALIFICATIONS," SECTION 2-182 "DURATION
OF BOARD", SECTION 2-183 "ADVISORY CAPACITY", SECTION 2-
184 "RULES OF PROCEDURE; QUORUM", SECTION 2-185
"JURISDICTION"; AND SECTION 2-186 "STANDARDS OF CONDUCT
FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission: Frank
Dimodico, One Island Place; and Dr. Eric Albin, Island Way. There being
no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR
5
FISCAL YEAR 2005/06 (JULY 1 - JUNE 30), PURSUANT TO SECTION
4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2005-06 was enacted.
The meeting recessed at this time (7:50 p.m.) until 8 p.m.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH
IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE
BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING
DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED
RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES,
APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Diamond. Mr. Soroka noted amendments to
exemptions to be included as referenced in his memo of April 22, 2005, as
follows:
1) The reconstruction of marinas and dry dock storage facilities
on the condition that, upon the issuance of a building permit for
such reconstruction, any and all rights to develop such property for
residential use shall terminate.
2) The construction, renovation or improvement of recreational
facilities, restaurants, lounges, clubhouses or health and fitness
spas, which constitute lawful accessory uses designed to serve
existing multi-family buildings.
6
A motion to include the referenced amendments was offered by
Commissioner Joel, seconded by Vice Mayor Auerbach and unanimously
passed. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Stanley Price, Esq., Bilzin
Sumberg, et al; Mr. Carriolo; Sam Poole, Esq., Berger Singerman; Jeffrey
Bercow, Esq., Bercow & Radell; Dr. Albin; John Miller, Waterview; Mr.
Dimodico; and Bob Burroughs. There being no further speakers, the
public hearing was closed. An amendment was offered by Commissioner
Holzberg, seconded by Commissioner Joel and unanimously passed to
amend Section 4B of the proposed ordinance to revise the procedures
under this paragraph only so that the City Manager would make the
determination whether the evidence supports the claim of vested rights
and if not satisfied, the applicant may appeal to the City Commission using
same procedure as in Land Development Regulations. An amendment
was offered by Commissioner Joel, seconded by Commissioner Holzberg
and unanimously passed to provide an additional exemption that a new
anchor tenant and ancillary supportive retail space in a regional mall, not
to exceed an additional 225,000 square feet, provided that City
recommended and mutually agreed upon traffic flow entrance
modifications on Biscayne Boulevard are explored and implemented. The
motion for approval of the ordinance, as amended, passed unanimously
by roll call vote and Ordinance No. 2005-07 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None
1 a.OTHER BUSINESS: None
11.PUBLlC COMMENTS: Dr. Albin.
12.REPORTS As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:10 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon whtch the appeal is to be based.
7
A~
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MINUTES
COMMISSION WORKSHOP MEETING
JUNE 16,2005 -10 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 10:00 a.m. Present were Commissioners Bob Diamond, Harry Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
1. ETHICS CODE REVISIONS (Commissioner Diamond): Commissioner Diamond
suggested proposed changes to the City's Ethics Code regarding prohibitions on
candidates accepting campaign contributions from entities doing business with the
City; the City awarding contracts to entities that have contributed to the campaign of
elected officials during their tenure in office; and provisions related to real estate
investments in the City by elected officials.
CITY MANAGER SUMMARY: Consensus to direct City Attorney to prepare
legislation for further consideration at a Workshop Meeting incorporating the
recommended changes and concerns of the Commission as discussed.
2. ETHICS CODE REVISIONS (Mavor Gottlieb): Mayor Gottlieb suggested proposed
campaign finance reform, similar to legislation enacted by the City of Miami Beach,
regarding prohibitions on acceptance of campaign contributions from City vendors,
lobbyists who work for the City, real estate developers building in the City, lobbyists
on real estate development issues and members of the City Commission. In
addition, she recommended prohibiting individuals working in City-owned or leased
facilities from working on City Commission campaigns.
CITY MANAGER SUMMARY: Consensus to proceed with legislation providing
prohibitions on acceptance of campaign contributions from City vendors and
lobbyists who work for the City.
3. MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE:
CITY MANAGER SUMMARY: Not in attendance.
4. REQUEST OF NORTHEAST DADE INCORPORATION FOR RESOLUTION
(Mavor Gottlieb): Mayor Gottlieb discussed a request she received from Scott Jay,
Esq., individually and as President of the Sky Lake-Highland Lakes Area
Homeowners Association, for the City of Aventura to adopt a resolution endorsing
and supporting their incorporation efforts.
CITY MANAGER SUMMARY: Consensus that no action be taken at this time.
5. FOUNDERS DAY PROGRAM (Citv Manaqer): Community Services Director Robert
Sherman presented the tentative program, as recommended by the Community
Services Advisory Board.
CITY MANAGER SUMMARY: Consensus to proceed as presented.
6. BILLBOARD - BISCAYNE BLVD.lIVES DAIRY RD. (Commissioner Joel):
Commissioner Joel suggested placing the City's ten year anniversary logo on the
blank side of this billboard. Vice Mayor Auerbach suggested a commercial City
revenue-generating use of the billboard.
CITY MANAGER SUMMARY: City Manager and City Attorney to negotiate with
owner of billboard for use by the City including photos of areas in the City and the
logo and a possible commercial use by the City in the future.
7. CHARTER OFFICERS REVIEW PROCESS (Mavor Gottlieb): Mayor Gottlieb
suggested that Commissioner Joel be appointed to meet with the City Clerk to
discuss her review and make recommendation to the Commission.
CITY MANAGER SUMMARY: Commission to proceed as suggested.
8. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12:45 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
2
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
BY:
TO: City Commission
FROM:
DATE: June 20,2005
SUBJECT: FP&L Easement for Middle School Wing Addition
July 6,2005 City Commission Meeting Agenda Item S.~
Recommendation
It is recommended that the City Commission adopt the attached Resolution dedicating
a ten (10) feot wide Easement to Florida Power and Light for the Middle School Wing
Addition.
Background
Florida Power and Light requires an Easement to install, operate and maintain electrical
services for the Middle School Wing Addition.
If you have any questions or need any additional information, please feel free to contact
me.
Work Order No.
EASEMENT
This Instrument Prepared By
Name: Antonio F. Tomei
Sec.~ , Twp ~ S, Rge ~ E
Co.
Name:
Citv
of
Aventura
ParceII.D.28-2203-000-0330
(Maintained by County Appraiser)
Form 3722 (Stocked) Rev. 7/94
Address 19200 W. Countrv Club Dr.
Aventura FL 33180
pg.1of~.
The undersigned, in consideration of the pa)'IDent of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby acknowledged,
grant and give to Florida Power & Light Company, its licensees, agents, successors,
and assigns, an easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles, guys.
cables, conduits and appurtenant equipment) to be installed from time to time; With
the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the
size of and remove such facilities or any of them within an easement lQ feet in width
described as follows:
R8MNlIldforCiroJilCourt
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit
within the easement and to operate the same for communications pwposes; the right of ingress and egress to said premises at all times; the
right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep
trJrnmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the
lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the
power to grant. if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or
highways adjoining or through said property.
IN WIlNESS WHEREOF, the undersigned has signed and sealed this instrument on . 200..5
CITY OF AVENTURA
Signed, sealed and delivered
in the presence of.
By:
._~~HJ~Y..Ue)
GITY MANAGER'S SIGNATURE
,,-1.Arlc:XO:'.......IlrP.)
Print Name
(Wi1ness'Signature)
JUDY APPELGREN
(Witness)
Print Name:
ERIC M. SOROKA
19200 w. COUNTRY CLUB DRIVE
AVENTURA, FL 33180
Print Address:
(Witness. Signature)
Attest:
CITY CLERK'S SIGNATURE
~,..*IMfI'l!tlll)
Print Name
ANTONIO F. TOMEI
(Wi1ness )
Print Name:
Print Address:
TERESA M. SOROKA
19200 W. COUNTRY CLUB DRIVE
AVENTURA, FL 33180
(Corporate Seal)
The foregoing instrument was acknowledged before me this
. and
STATE OF AND COUNTY OF
_day of . 20~ by
respectively the President and Secretary of
_ corporation, on behalf of said corporation, who are personally known to me or have produced
did (did not) take an oath.
(Type ofIdentification)
. a
as identification, and who
My Commission Expires:
Notary Public, Signature
Print Name
DESCRIPTION: FPL EASEMENT
A PORTION OF THE SOUTHEAST ONE QUARTER (SE114) OF SECTION 3, TOWNSHIP 52
SOUTH, RANGE 42 EAST. MIAMI-DADE COUNTY, FLORIDA, BEING A STRIP OF LAND 10.00
FEET IN WIDTH. LYING 5.00 FEET ON EACH SIDE OF, AND PARALLEL WITH AS
MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT "A", HUBER TRACT,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 140, PAGE 58, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 89020'35"
WEST. ALONG THE SOUTHERLY EXTENTION OF THE SOUTH LINE OF SAID TRACT "A".
SAID LINE BEING 35.00 FEET NORTH OF, AND PARALLEL WITH AS MEASURED AT RIGHT
ANGLES TO THE CENTERLINE OF NORTHEAST 188lh STREET, A DISTANCE OF 339.85
FEET; THENCE NORTH 00039'25" WEST, A DISTANCE OF 34.00 FEET TO THE POINT OF
BEGINNING, SAID POINT HEREINAFTER TO BE KNOWN AS REFERENCE POINT #1;
THENCE CONTINUE NORTH 00039'25" WEST, A DISTANCE OF 62.75 FEET TO THE POINT
OF TERMINUS;
TOGETHER WITH:
BEGINNING AT SAID REFERENCE POINT #1; THENCE SOUTH 89020'35" WEST, ALONG A
LINE 69.00 FEET NORTH OF. AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO
THE SAID CENTERLINE OF NORTHEAST 188'" STREET, A DISTANCE OF 305.73 FEET TO
THE POINT OF TERMINUS.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA.
THE BEARINGS REFERENCED HEREIN ARE BASED ON AN ASSUMED BEARING. THE
SOUTH LINE OF SAID TRACT "An BEARS SOUTH 89020'35" WEST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER. 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES. AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON & ASSOCIATES,. INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
:/--u ~ JUN 1 7 2005
r THOMAS C. SHAHAN
PROFESSIONAL SURVEYOR AND MAPPER NO. 4387
STATE OF FLORIDA
Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
Sheet] of2 Sheets
Job No. 01-0103
Dated: June 17.2005
N:\Clerical\JOBS\2001101-0103\l..EGALlS&D FPU.doc
(;1
CRAVEN -THOMPSON a ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400
FAX, (954) 739-6409
,
.
NOlE: THIS IS NOT A SKETCH OF SURVEY, but only a o;Jraphlc depictIon
FOR: CITY OF A VENTURA 0fTti.. descriptIon shown hereon. There has been no field worlc, viewing of
the subjllct property, or mOl1umenh set In connection with the preparation
01 the Information shown hereon.
SCALE: '-=60' SKETCH TO ACCOMPANY DESCRIPTION
Z
10' WIDE FPL EASEMENT
x~ I
, ,
~it I
TRACT ~A- .~ I
~.
HUBER TRACT ;cl'<~
PLAT BOOK 140, PAGE 58 t;~:g
MIAMI-DADE COUNTY RECORDS ;;: " :
~ ".
~ !
POINT OF COMMENCEMEN~
SOU1HVCST CORNER TRACT "A. I
~ST UHf TRACT oj,.
NOO'J9'2S.W J04.89 PLA T ~I
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A~
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62.75 J4'~ I
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I I I
POINT OF 1[RMINUS-~- Ai ~
~ I , ,
: ~ III =
POINT OF BEGINNING * i"-
REFERENCE POINT " .5' " 90'
5' 0 90' ,t:::
SOUTHEAST ONE-OUARTER (S.E: 1/4) Iii I~
OF SECTION J, 1,1 ~ IE
TOWNSHIP 52 SOUTH. "i ~ I~
RANGE 42 EAST III ~ '"
~ "-
IV)
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:q ~
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ABBRH1A nON LEGEND III 69' 0 90' I
rrl I
f =CENTERLlNE OF EASEMENT I
POINT OF 1[RMINus~!J
,
I
SHEET 2 OF 2 SHEETS
UPDATES and/or REVISIONS DATE BY CK'O NOlE The undersiljlned and CRA~-THOI.lPSOO &; ASSOQATES, INC. moke no
rapresentaUon! or guarantees os to the Information rllneetlld hereon pertainIng to
eosements, rIghts-of-way, let bock l1nel. reservatlons, agreement. and olher
Ilmflor matters, and further, this In.trumel'll III not Intended to r.f1ect 01' set forth
011 such motters. Sueh InformQllon "'ould be obtained and confirmed by olllen
through appropriate Iltle ~et'lncotlon.
""'" londs shown hflrllon were not abstracted for rlght-of-woy and/or
easements of recOI'"d.
G: \2001 \010103\DWG-FROM-OTHERS\DWG\S&D FPLJ.DWG
JOB NO.: 01-0103 I DRAWN BY, T.S. I CHECKED BY, JVN I F.B. N/A PG. N/A I DATED: 6-17-05
RESOLUTION NO. 2005"_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE EASEMENT TO FLORIDA POWER AND
LIGHT ON THE MIDDLE SCHOOL WING ADDITION;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura requires electrical service to the new Middle
School Wing Addition located at 3333 NE 188lh Street; and
WHEREAS, Florida Power and Light requires a recorded easement prior to
providing electrical service to the new addition; and
WHEREAS, Florida Power and Light requires a recorded easement to operate
and maintain said electrical services; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby approved and the
City Manager is hereby authorized to cause such Easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Resolution No. 2005-_
Page 2
Section 3.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
, who moved its
adoption. The motion was seconded by
, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED this 6th day of July, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H~~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci
DATE: June 17,2005
SUBJECT: Disbursement of Police Forfeiture Funds
July 6,2005 City Commission Meeting Agenda Item 5 ~ c.,
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $11,200 for SWAT equipment and
Juvenile Drug Program from the Police Forfeiture Fund in accordance with the
City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO 1369-05
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
TO:
DATE:
June 17, 2005
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval ofthe governing body.
I am requesting City Commission approval for the expenditure of:
SWAT
Juvenile Drug Program
$6,200
$5,000
Total Expenditure Request:
$11,200
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are nQ! being used as a normal source of revenue for the
Police Department.
3. Funds were nQ! considered in the adoption and approval of the budget
of the Police Department.
Summary
SWAT - Purchase of a sniper rifle, scope and accessories. The purchase of
this rifle will enhance the SWAT team's ability to deal with a tactical situation
where there is a great deal of open distance between the sniper and the subject.
DFYIT (Drug Free Youth In Town) - LETF procedures mandate that 15% of trust
fund proceeds be spent on Crime and Drug prevention programs. DFYIT is a
school based program that teaches drug awareness and drug prevention
activities to school aged children. DFYIT will receive a $5,000 grant.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: June21,2005
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City a
/
SUBJECT: Traffic Advisory Board Appointments
July 6, 2005 City Commission Meeting Agenda Item s-:1.
Attached hereto please find a resolution appointing the following individuals to the
Traffic Advisory Board:
Mayor Susan Gottlieb - Fred Silverman
Commissioner Harry Holzberg - Marjorie Rosenblatt
Vice-Mayor Auerbach - Miles Kuttler
Commissioner Billy Joel - Dr. Bertram Shapiro
Commissioner Luz Urbaez Weinberg - Eric Berger
Commissioner Michael Stern - George Berlin
Commissioner Bob Diamond - Bob Werner
EMS/act
Attachment
CC01370-05
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA TRAFFIC ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2 of Chapter 2 of the Aventura City Code provides for the
creation of aTraffic Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Traffic Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Traffic Advisory Board:
Eric Berger
George Berlin
Miles Kuttler
Marjorie Rosenblatt
Dr. Bertram Shapiro
Fred Silverman
Bob Werner
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
...
Resolution No. 2005-_
Page 2
PASSED AND ADOPTED this 6th day of July, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
APPLICATION FOR
TRAFFIC ADVISORY BOARD
Potential board members must be registered voters who have resided in the City of A ventura for six (6)
months immediately prior to an appointment to the Board. Applicants must have a demonstrated interest
and/or experience in traffic management or traffic engineering and a commitment to serve and act in the
best interests of the citizens of A ventura.
Name of Applicant: rr-e.d '8, '/';eYRJal'7
(Please Print)
Address: /Y375 AlE do-#. er A.J~/}-furo.) FL. 33/t,o
Home Phone:3el5.1.%7'~9 EmailAddress: ?-',/ut'Y,.,.,~ 'J61 /;uJ11YI./.~mn
/ ;
Business Name: 1'e.r'~ s /;....,,,,, /:uk.p.p q rJ6"~ Occupation: kS}f1. y 1a.11~ "....
-t' DI) ",1...1. . 14 . .
Business Address: .:.~ ~.~ 7 ~(!.4V;1Iry'd-b;()~~ liT" '..-e... ~ ~tm .~~~
~s.;;2(,./-47f5
Business Phone: Fax: .:3fJs - ~6/- ~75 5
Qualifications: 6 Pes rJme -4-f/'uU
(Briefly describe the specific expertise and/or abilities you can contribute as a member of this Board.)
--c am a+r~~ fJ/~)1ey tU,ff.~r r{o//h'/'eHC6
ern. a. w,'A l/aY;eht7~hJII'1;t?J of ~6;;C<./ Ll/~: j:'~~
it.~~ ~ /1 et-trt!.rv/
f11/~i '( /~ h5/nt'l?Y5 - ~ Ha....- L . ~
y,lt-/1<;' oj- ~St:Jt:/~lZ:-
List community or civic involvement:
Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointments are
for volunta~ uncompensated services and I will be subject to the requirements of the
State of Frida Fina ial Disclosure Requirements.
"%tar 1--q, um cc;-
Date
Sig
Fax or Mail completed application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 466-8910 (305) 466-8919 fax
FRED SILVERMAN
Senior Supervising Planner-Transportation and Airport Planning
Professional Associate
Years of Experience
30+ (5 with PB; 25 with others)
Education
B.C.P. City Planning, University of Virginia School of Architecture, 1970; M.A. City Pianning.
University of Northern Colorado. 1972
Additional Studies; Transportation Management and Highway Design; Georgia Institute of
Technology. Chicago Transit Authority Institute. Florida Internationai University. University of
California-Berkeley
Professional Affiliations
o Institute of Transportation Engineers (member). Transit and Planning Committees;
o American Public Transportation Association: Past Chair, Suburban Issues Task Force;
o Florida Transit Association: Past Vice President
Key Qualifications
Fred Silverman is a senior project manager for transit and transportation planning for PB. Fred
has worked in professional transportation planning and management positions throughout the
United States and abroad. In his 30 years of transportation planning, he has conducted and
managed planning and operations studies for various highway. transit, airport. rail. and ground
access transportation projects. Fred has extensive knowledge and experience with planning
public transportation systems ( urban rail; intercity rail; commuter rail. bus transit plans. etc);
airport ground transportation planning and airport terminal parking. access and curb-front design
studies, ground transportation environmental and traffic studies. parking studies, commercial
vehicle studies. ground access studies. and capital improvement planning. His extensive
experience involves community involvement efforts. goal setting. alternative evaluations.
environmental assessment studies, program outreach. consensus building. and technical
transportation planning. He also has experience in presenting to official bodies. technical groups.
and citizen committees.
Transit and Transportation Planning
o FT A New Starts Planning - Project Manager for Miami-Dade Transit's multi-corridor New
Starts project planning. This effort includes environmental, financial. land use, user-
benefit and modeling activities. The responsibility includes guidance for New Start
projects for the company in the Southeast.
o Broward County Investment Plan - Project Manager for 25-year detailed transit
investment and financial plan for nation's 15th most populous county to aggressively
expand. fund and operate a multi-modal transit system to meet long-range needs. This
project is the underpinning for an upcoming sales tax referendum and transit intensive
land use policies.
o Trinidad and Tobago - Technical manager coordinating land. aviation and maritime
components of the Comprehensive National Transportation Study undertaken by the
government for a 2025 comprehensive transport plan.
o Delaware DOT - Conducted financial review for long-range capital and operations needs
for the statewide transit program.
o San Diego Port District - Developed a multi-modal facility plan to serve the CBD. Airport
and Seaport needs connected to the LRT and commuter rail systems.
o Dayton. Ohio - Prepared a feasibility study for an off-street transit center in the Dayton
CBD.
PARSONS
BRINCKERHOFF
Fred Silverman
. Dublin. Ireland - Served a project manager for a major transportation study for Aer Rianta
(the national airport operator) of the long-range needs for airport access. including
Metrorail connections to Central Dublin and all other airport access needs such as
people-movers. parking. curbside management and multi-modal transport issues.
. Pittsburgh International Airport - conducted studies regarding land use options and
roadway impacts as part of an economic development feasibility study.
. Baltimore Washington International (BWI) Airport. Baltimore, Maryland: task manager for
a comprehensive study of ground access facilities and options for BWl's $1.3 billion short-
range improvement program. This project includes examination of BWl's proposed
consolidated rental car facility and the development of a major inter-modal access facility
along with people-mover connections.
. Volpe Center - Served as an advisor to the Center in their FAA work to update Airport
planning guidelines for terminal planning programs.
Previous Experience
Prior to joining PB, Fred worked in professional transportation planning and management
positions throughout the United States. His project experience is listed below.
Senior AviationfTransportation Manager: in this position. Fred led the ground access
consulting practice within the structure of an airport management consulting firm. His
representative assignments included:
. Evaluation of a multi-modal airport transportation center at Miami International Airport.
. Facility adequacy studies for consolidated rental car facilities at Minneapolis-SI. Paul
International Airport. Midway Airport and San Francisco International Airport.
. Evaluation of ground transportation system readiness at the new San Francisco
International Terminal complex
. Commercial vehicle studies at Portland International Airport and Columbus International
Airport
Associate Vice President: in this position, Fred directed all transportation planning projects for
an aviation-civil engineering consulting company. His responsibilities included marketing
projects, directing staff. and coordinating activities with other internal and external consultants.
Major technical projects included:
o Disneyland Expansion Transportation Impacts - studies were conducted for the City of
Anaheim related to different transportation impacts caused by Disneyland expansion.
o San Ysidro Border Crossing Study - directed a major study for the San Diego Association
of Governments to expand the world's largest land border crossing between Tijuana and
San Diego
o Transit Studies - Developed a TDP for Foothill Transit including a major on-board survey;
conducted para-transit studies for the cities of La Mesa. Avalon and Anaheim.
o Traffic studies - directed studies required for development approval or impact fees at
South Coast Plaza (Costa Mesa, CA). Anaheim Sports Center ("the Pond') and at
commuter rail sites in Orange County. CA.
o Study of high-speed rail impacts on airport passenger growth in the Los Angeles-San
Francisco corridor
o Planning for San Diego's Lindbergh Field terminal ground access facilities. commercial
vehicle operations. and parking facilities for an expanded terminal complex
o Ground access master plans for Seattle-Tacoma International Airport and Portland
International Airport including: traffic models and TDM strategies; parking facilities and
parking rates and transit connections at these airports.
PARSONS
BRINCKERHOFF
PAGE 2
Fred Silverman
o Consulting advice on light rail service and people mover design for the Portland
I nternational Airport terminal
o Development of the airport traffic simulation programs for planning studies.
Transportation Administrator, City of Pasadena. California: served as transportation
administrator responsible for directing the city's transportation planning program. parking
program, transit operations. trip-reduction, and air quality compliance efforts In this position.
Fred worked for the City Council and the city's appointed Transportation Commission and
coordinated with regional agencies on many issues. including air quality. funding. planning, and
legislation.
Senior Project Manager/Senior Engineer, Los Angeles County Transportation Commission:
responsibilities included developing an operations plan for the Blue Line light rail system linking
Los Angeles and Long Beach; reviewing the development of rail plans for the entire region
(heavy rail. light rail. bus rapid transit and commuter rail projects); and specifically developing
the county's commuter rail policies for the Southern California region. The position required
extensive community interaction skills and the ability to communicate with elected boards,
private railroads and various technical committees.
Senior Associate/Office Manager: responsibilities included statewide business development.
technical project management, staff supervision. and corporate responsibilities. Business
development increased business 2 percent within 3 years. Major projects directed included:
Development and environmental studies for Joe Robbie Stadium and Biscayne Centrum
Arena. Miami
Florida Department of Transportation statewide high speed rail project
Bus operations studies in the Tampa Bay area
Study of critical transportation needs in the Florida Keys
Chief. Policy Planning. Metro-Dade County, Florida: Fred was first hired as a senior
transportation planner with increasing responsibilities. His primary responsibilities included
development of the county's long-range transportation program, development of transit plans.
and compliance with state and federal planning requirements. During this time. the county
completed a major rail. commuter rail. and downtown people mover project; upgraded nearly
100 miles (160 kilometers) of expressways; and became a pioneer in traffic signal coordination
and the adoption of high occupancy vehicle (HOV) facilities. There was extensive staff
supervision. interaction with community groups. elected officials and other county agencies.
During this period, the metropolitan planning organization (MPO) was established and a ground
access improvement plan was developed for Miami International Airport.
Senior Planner. Metropolitan Atlanta Rapid Transit Authority (MARTA). Georgia: primarily
responsible for the refinement of plans for the region's rail system. Technical efforts included
cost-benefit analysis of rail facilities, planning connections into Hartsfield Atlanta International
Airport. bus-rail interface. and the development of related major traffic improvements in
downtown Atlanta.
Community Planner - Commonwealth of Virginia - developed land use plans. community
plans. urban renewal studies and transportation studies for a variety of urban and rural areas,
including Williamsburg; Northern Virginia's 1-66 and Washington Metro corridors; and,
Southwestern Virginia Appalachian Commission plans.
Other:
Part-time Instructor at California Polytechnic University - Pomona. CA.
Professional paper list can be provided upon request.
PARSONS
BRINCKERHOFF
PAGE 3
CITY OF AVENTURA
APPLICATION FOR
TRAFFIC ADVISORY BOARD
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Potential board members must be registered voters who have resided in the City of A ventura for six (6)
months immediately prior to an appointment to the Board. Applicants must have a demonstrated interest
and/or experience in traffic management or traffic engineering and a commitment to serve and act in the
best interests of the citizens of A ventura.
Name of Applicant:
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/na,r'le." ~ 30 r' bel/ S . iJe..T
Occupation: f'e..f//"eoL
Address:
Home Phone:305"- 93t;, -/931
Email Address:
Business Name:
Business Address:
Business Phone: Fax: 305 - C(3c;, - /S() g-
Qualifications: ~ C flIP-. € /I-r /;./7 ~ ~.J7E/Lc.S-TE b /l1Vd;
(Briefly describe the specific expertise and70r abilities you can contribute as a member of this Board.)
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fnys-l/c /Jo/~)/e
List community or civic involvement: a:flend.
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moFHhI<-/ fo/rce ha/e-I/l17'S
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Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointments are
for voluntary, uncompensated services and I will be subject to the requirements of the
State of Florida Fi ancial Disclosure Requirements.
.-.... /J
~
~rav
0/;10S
D~t
Fax or Mail completed application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 466-8910 (305) 466-8919 fax
R Mrs_ Marjorie Z Rosenblatt
19101 Mystic Point. Dr Apt 2301
Avent'ra. fL 33tllO-452D
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.q. Sf'S7Sf< I-/D6!) - AD fJiH ~ J. ~<;;12 IV E C ~/V)J7 'f(/'C.
.q -IJ/lvl!i)'sfJh
",.__/;2-~S0errf jJlrb/lS'SflH - f'()b7/V- C--;I/l!Te.';€-
., __ V, I. 0 -I ')/s7er hC500Z r;vffJ,/o.Jj AI'-€/CS'j
.. _q;)IJ3- V /- CC;/)jlLe5jo..--T/Dn !9dCL11, $1<1'1 e-L
( u n.fj mOve ---,7'7s f'i..)
(CoArfln C1 ,,-cZj
R Mrs. Marjorie l Rosenblatt
19101 Mystic Pointe Dr Apt 2301
Aventura. fL 33180-4520
.
..COMfY" or CiVIC 0on-+)
G.j)1;JJDL"=- TO, AJ f-.J flDUC T Duerrilo/U 'p/......oGfU'irvl
1- c.;,earS j7c;' fjf" II7Shzuc--foi<'- tic) VIUUocAS
..C/G.?".: (~S'
Vo/un7efJf'J~ tOIL /YI1I(...!Lf 'jeurc; 1M Carer:! ('
c,/cu-j (IT J/L. ')0' Nrjh (~( /eve.i
f-1 2('-1 f3 SIZ. () fILII/) DC co-tO/AJtJ Cflll /Ji 13 EJ( 0/ {bl/l/!c/l..Cc.
. ')e /2. ve 0 o;j V;J,/2..1 Q,jS Com M rllees
. COllduc..'ierz L..oO/L./::.C:h0fs oAJ
"7)/2.['S5 fOIL ~1CC e S:S /1
, ../Il '2S I 0 [' AJr 0 I- "M /I /2- G [; I
J eeve/er ';J J lilt o.n cZ ace 2 '}5:of7 6 ou-fIJ Lie
.
May 30 05 09:58p
p.1
I or:-:L
CITY OF AVENTURA
APPLICATION FOR
TRAFFIC ADVISORY BOARD
.", \If,','?
, ~
' "
- ~
- --.
..--....~-~:::::-
II"
; r:::.:.;_,.,,: :; ~~",
_lial board members must be tegisleffJd volers who hrwe resided in thfJ City of Avsntura for six (6)
IT/OIlthS immeriiately pt70r to an appointment to the &ani. Applicaffts must have a demonstrated intfJrest
anCUor expsn,,1IC6 in traffic management or traffic engineering and a commitment 10 ~fV8 and act in the
best interests ofllle aitize"" of AvenIUlB.
Name of Applicant: M I r.....E'"' ~ k U T -r L.-'E. {?..
1..1_ r ~ (please Print) W ...-
Address: -rooD SLA~~ 1l<>L...l/b.,) -:t\;~o:a,. II..LI,A,,"<S .+-s'LflNt:l
Home Phone: 305"- q:3:;l- /0 II Email Address: S 1M i le.. K ~ G\..o '.c-e> W\
Business Name: M~ Ro MA iVAG.€H~NT Occupation:.BEAI... f?: STPt~ INvesTO~
Business Address: ltooo :I:. SLA~ ~ L \i b _. 1T ~ 3.
.
Business Phone: 3o,S"- 4~<t-7S7"" Fax: :so~ ~S13 ~.s-/ g"
QualifICations: Se:€ ~Qt ~ RE-Su H. 'E
(Briefly describe the specific ""pet1ise a_ abillies you can ocntribu1e as a member of this Board.)
List community or civic involvement: ~en.. ~~.:n.. ~ N. HI,."", '\7,~
C'-'L'TV~L- Col-tkl Tr~. ~~ER- OF"cFlu:Ya. IN Hlu..cc... boA'f 'ScHool...
Please attach a resume along with your application.
I understand that in acootdance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointmerrts are
for voluntary, uncompensated services and I wiff be subject to the requirements of the
State of Flo' Financial Disclosure Requirements.
sj),%s-'
Date .
Fa or Mall completed application & resume to:
Office of the City Manager
Government Center
19200 West counby Club Olive. Aventura. FL 33180
(3DS) ~910 (305) 486-8919 fa"
p.L
May:j\) Ut> ~.:" P
;LtlF';L
Miles E. Kuttler, D.III.D., FA.G.D.
4000 Island Boulevard, TH-3
Williams Island, FL 33160-5203
(305) 932-1017
(305) 935-1405 fax
(305) 439-7577 cell
SmlleK@aoLcom
CURRENT pqsmoN
Retired - resIdent of Wi....... Island since 2001
- resident of North Dade since 1961
Private Real Estate Investor
BUSINI;~S EXPEI:tIQjCE:
Business Manaaement: Founder and tonner managing
partner of The Dental CareGroup, a large general pJ1lctice and
multi4pecialty dental group in Avenlwa and Pembroke Pines.
FL. Managed and supervised .taff of 15 professionals and 25
support .bltt for almost 25 years.
Commercial develoDment: Experienced in land acquisition
and supervision of commercial construction.
Prooertv Manaaement: ActIve management of commercial
and residen1ia1 rental propertiee.
TRAf'FI.c EXPERI~gg;,
FOOT: Dealt with FOOT ntgarding lyes Dairy f1yover.
Negotiated right-infrlght-out acC888 for NE 208 Slnlet at
Blacayne Boulevard.
Dealt with FOOT regarding taking of corner arc via
eminent domain at NE 201 Str8et and ME 28 Avenue.
#H
FROM : ,DR BERT SHAPIRO
PHONE NO. : 305 933 2828
May. 25 2005 ro:S!PM P2
CITY OFAVENTURA
APPLICATION FOR'
TRAFFIC ADVISORY BOARD
,
:,~
.:1f ~ >_
>-----. :---/
PofentiIII bOett1 membelS must be reglsleted "lll_ who heve resided in the City of Awmtulll for B~ (6)
months Immedl4letr pnor I'D an BflPO/Il/menllo ~ B081f1. Applicants must have" demon_t.d intemst
a_ #W.penefICI> 111 /f8ffIo tnItn4fIement or _ enginelPtng and II comm_t /0.,.,., and tlCt in the
".st inlBJests 01 the citQens of Awn/Ul8.
Name of Applicant: J:>i::..-B~~ ? ~?,Q.\)
Address: '-\.&00 -:Lk~ BI.~P~A'~4- ":l.--,Ob- AHf'Jil1JtffI ,tl ~3Jb:J
Home Phone: 5.,. Cj "B. - (l) 10. " Email Addre&$: ~ q <; 2.."1" '" @ All L. c::.., ""
Business Name:---.J":?b"he.e~ \\"I>'~;illII Occupation:
Business Address:
B~.l\,\.phone: ~~-'1ct'?.O"O'" Fax: 3er. ~33' J.~~ ~
Qualifications: l'\~t"~ 1\-... \)j0\'~~ >$l,AWb 14.-- ,-\C'illt~
f\ (Brielly dooocribe \I1e spedIIc e__ and/or ab/IIIes you _ contrtlUle as a memDer Of l/lil Board.)
l..e>t"t:t: ~"'e~ (3 V~ L~t.lL 19~ ~M~~\t ~(JAjlrP.~ l.
lAIt't~ 0 "'-\lI~ U {, :bE'TEj/t ~O~.4/It9N 8t: ~I.OIA.' G:!:::...
ntlltJE'fl. ~\lo..t,. AAS W~L. ~~ ~tl u~l,. C~ ~t\-~~l c
~1'llJ 'BE~RE' Ml:> ;fl-ER 'SCHOOL- I'\IIV~~-
list community or civic involvement:
.G}~ ~"R&t.'t9(1..~ ~ ~& -:l-"ll.~ \I-
~l.I .,,, lilt> . I c:.
1~8~1.:~ "^ '.-, ~MV$ \J~I
Please attach a resume along with your application.
t..,414 ~Scf\l'\ 1I d
o lIe/f')
ps.
G..ltl'~
. I understand that in 8CCOIr:I8nct1 with th8 Slate of Florida Government in the Sunshine
L_, this information may be ITI8de public. I und$tstand that aN board appointments 8f9
for voluntary. uncompensa ervIces and I will be subjsct to the requif9ments of the
State of Florida ~a su,: Requif9menls.
v- ~or
Igl18ture of Applicant o.te
Fa or MaP _tIlIlltlll.~-" & ___ to;
0Il'ice of the City Ita.......
~CenIer
........ '.' . .......untrv Club Drtve. "ventura, FL 33180
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65/36/2665 16:25
3659339686
MCTION
PAGE 01
CITY OF AVENTURA
APPUCATION FOR
TRAFFIC ADVISORY BOARD
r.!.
. . :'- Je: "
Pol&ntisI bostd ITI8fTiw8I111JSt be mgist8l8d \IOters who have TNided in /he Cly 01 AvelllrmJ for Six (6)
month81mmedi1J1e1y prlorto till eppo/tJtment to /he BOIJIfJ. App/It:ents _ have a dell'lOllStJ8ilKllntB,..st
and/or sxperience In traffic me"-""">f or It8IIic engjI-*'g tIIld a oommItmellt to _ and act In /he
fIBSI inIe",sts Of 1M cillzsns at AvontU1ll.
NElme of Applicant: ERIC A BERGER
(PIoaM PIInt)
Address: 20825 NE 30 PLACE. AVENTURA FL 33180
Home Pnone: 305-525-8244
Email Address:aactioninv8bellsouth.net
Business Name: AACTION INV , SEe INC
~tion: INVESTIGATOR
Business Address: 2647 NE 186 TERRACE N.M_B. FL 33180
Business Phone: 305-933-9516
Fax: 305-933-9086
Qualifications: TRAFFIC INVESTIGATOR I ACCIDENT RECONSTRUCTION
(1Irie1ly ~ the epecHlc e.pettiM and/or ebiItieI you can <:IDn\I1lute Ie a member oflhls 1loanI.)
HAVE CONDUCTED GENERAL INVESTIGATIONS SINCE 1983. HAVE BEEN
ADMITTED AS EXPERT IN DADE BROWARD COURT. ALSD HAVE EXPERTISE
IN LAW ENFORCEMENT AND HOMELAND SECURITY TRAINING. CURREMWLY BOARD
OF DIRECTOR AVENTURA LAKEIS ASSO IN CHARGE OS TRAFFIC AND SECURITY.
Lilt community or clvtc involvement:
PIea8e attach a resume along wit" your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law. this Infonnation may b6 made public. I understand that all board appointments are
for va.lunta~-!,.aJ)~n.. servic9s and I will be subject to the fBquirements of the
State 0 jdiidJi R Clal 'scIOSUfB Requirements.
/"/ -- )." I
~: ~'I"~:/ ~ [)Me s I~ D ~
Fax or ...11 complelild appIlc8tlon & NIIume to:
0lIIce of.... CItr .........
Gova.J.....nt c.nter
1noo w..t Country Club Drive. Awn""', FL 33110
(*'......10 (305) All-lt19 fax
.
65/36/2665 16:25 36593396S? ., AACT:ON
t'lOnaa j'nvate lnvestlgator - A Acl10n Investlgaltons & Secunty, Inc.
PAGE 03
Page 1 of2
~intell~1
. ProJt_~J:U
Inv...tlallti9..!!!:.
~ Genera'
Investiga!i2DI/o,
!!i Law
Enforcernllnt us
Customs
!J:Iinl.l!a.,
ill survemence...
Insurance
Defense .
Inve.tiall~.;
I Pereon.! Iniury:
InvestiglltiOl1l.
.
:iii Bllckaro!:!nd ~
AIBS
Searc:hes.
~ ~lIectiolJ.
Inv"lItill!.ti.9.n~
.
~ Client Servicel;,
.
I~A. Beruer,
.
II Contac;t:
t.8
Hello!
Mr. Berger is tne President of A Action Investigations &. Security, and Eric A. Berger &
Associates located In Aventura, Florida. Mr. BerQer graduated from Florida State
University and received a Degree In Criminal Justice. Mr. Berger also received a
Paralegal Degree from Barry University In 1984.
Prior to starting his own investigative firm, Mr. Berger worked for the Dade State
Attorney's Office in the Felony Division under Assistant State Attorney, Maria Lorts, and
Under the past Miami U.S. Attorney Honorable Thomas Scott.
Mr. Berger has been conducting genetallnvestigations for over 18 years and specializes
in Intellectual Property Protection cases. Mr. Berger assisted the International Antl-
Counterfeit Coalition in the passage of a new Anti-Counterfeiting Felony Statute for the
State of Florida and had been a member of the I.A.C.C. for the past eight years. His
agency presently assists over 75 companies in the protection of their trademarks.
He has been qualified as an eKpert in both State and Federal Courts for several
trademark compani~ in tne identification of authentic and counterfeit products.
He also lectures to Law Enforcement, United States Custom Agents, and Federal Agents
throughout the United States in the identification of trademark products. Mr. Berger has
been asked to speak several times for such organizations as the United States Patent
and Trademark office in Washington D.C. as well the International Anti-Counterfeit
Coalition.
At present, he is a current board member of the I.A.C.C and past I.A.C.C treaSurer who
saw the finances of the world wide organization.
Since his appOintment, he has succeeded in adopting new state and federal laws
protecting copyrights and trademarks under our multi-state project.
http://www.aactioninv.comlhello.htm
\;'n.c'" {)'mft! "1 . r-\~k~l,j,')-<l'\/,'":"",,,,,-;,,
1 0/11/2002
q,,;, '~;I.....\,..~~;:j;'::i~;'Jt;~.lll""d.......II~' ..:.,L
~5/3612665 16:25
365g33g6S5
MeTION
PAGE 62
A ACTION INVESTIGATIONS & SECURITY, INC.
AND ERIC A. BERGER & ASSOCIATES
2647-A Nonhe.. 18'" TcrrllCc
North Mi....i Beach
Florida 33180
Telephone: (305) 933-9576
(305) 933-959'
Facsimile: (3OS) 933-9OS6
Web: www.aaetioninv.~...
PROFESSIONAL EXPERIENCE - pmident of A Action Investigations & Security, Inc. ami
Eric A. BUler & ASloeiate., 1983 to the present date. Exeeutive Ollice Manager and Legol
AssistAnt for sever.II.", olliees in D.de County 1988 to the present d.te.
EDUCA 710N - B.chelor or Seienee in CriminoloeY and Minor in Business at Florida State
University, 1981. Internship at Dade State Atto....eys Ollice, 1981. Internship at Metro Dade
Police Department Homicide Division. 1981. Legal Assistant, Barry University 1984. Member of
Missmg Persons Unlimited, 1984. Member of South Florid. Investil.tors Association, 1989 to
pre_ date. Member of Fraterual Order of Police Miami Lodge No. 20, 1992 to present date.
Board M_ber and Tre.surer or IACC (International Associ.tion Coalition Anti-Counterfeiting).
BACKGROUND - Have traveled extensively throughout the United States as well as the State of
Florida. Have extensive e:.perience in L.... Enforcement and Privote Investigative work. Have
upertise m Anti-Counterfeit work. Appointed relional investig.tor for Warner Bros., E.n Coast
United States. Appointed Uniled St.tes Tudemark Investig.tor for H.rley-Davidson Motor
Company ond Nokia. Tradem.rk Ledllrer at U.S. CustOIll'S seminars and presen18tions.
CREDENTIALS - Placement office at Bryan HaU, Florida State University (Tall.hassee, FL)
Dade State Attomeys Ollice (Miami, FL) .nd Barry University (Miami, FL).
CUENTELE - Anti-Counlerfeit Trademark Holders! Warner Bros. Consumer Products,
Nike, I.c., Fil. USA, Tommy Hilfiger, Nautica, The W.tt Disney Company, Donoa K.raD, Polo
Rolph Laurea, FuBu Sportswear, Major Le.gue Baseball, National Hockey Le.gue, Nationol
Football League, Timberland, Adidas USA, Levi Str.us., Microsoft Systems, Toyota Luus,
Budweiser, Warn.colC.lm Klein Je.ns....ear, Time W.mer, DC Comies, Marvel Comic.,
Playboy, Budweiser, Horley-D.vidson Motor Comp.ny, Coca-Cola, Nintendo, Majorica, Hard
Rock Cafe, Smith Klein Beecham, G.p, Old Navy, Banann Republie, Gianni Vers.ce, Chanel,
Inc., Conch Lenthe.....re, Loui. Vultton, K.te Sp.de, Role", Tal Heuer, Calvin Klein, Ine.,
Cartier, Giorz:io Annnnl, Swatch, Q &Q Corp., Oakley, Bauscb & LOltlb, Citizen Watches,
Teletubbies. Christian Dior, Bllrberry Limited, Seiko Watches, .nd Eeko UNL TO., Quiek.silver,
Nokia, Softw.re Alliance, Gucci, Mitchell Group, Technom.rine, CaterpiUar, Inc., Prada
TRAJ>EMARK LA W FIRMS - Gibney, Anthony, & Flaherty; Holihan & DillZ, P.A.; Kenny
Nuchwalter; Seymour, Arnold & Critchlow, P.A.; Kluger, Peretz, Kaplan & Berlin, P .A.; Phillips,
Nh:er; Darby & Darby; Ludo, Bronstein, Carbett, Stipbany &: Allen; lIlld Conroy, Sinberg, P.A.
''''~r' to' 'l"r'.11fli, ~ U.i~"'.Il~?--~', "'"::'.:;lfio"~~"",i~.:,,...,,I'i.f..~:,~"':-l1~"~O<t'''''_'~:,":~il~,,,':~
-V''.,
: ':'i""""",.wj"",,,~:'~',ult un.,". ~"V.~.
'IUmheny JlssoOate.s ,>
, _GEiVED
'.'; f W-:: CiTY CLEf{l~
20GStlAY 23 PM~: 51
CITY OF AVENTURA
May 20, 2005
The Honorable Michael Stern
CITY OF A VENTURA
City Commission
19200 West Country Club Drive
Aventura, Florida 33180
Dear Michael:
In accordance with our recent discussion, I would be very interested in being
appointed to serve on the Traffic Advisory Board.
For your use and information, I am enclosing a copy of my Curriculum Vitae. As
you will see, I have worked for many years toward the improvement of the
county's infrastructure and transportation systems. I have previously served on the
board of the Miami-Dade County Metropolitan Planning Organization, and the
Miami-Dade County Expressway Authority, as a member of the board and
treasurer. Approximately one year ago, the City of Sunny Isles Beach formed a
Traffic and Safety Committee. I was appointed by the City Commission to serve
on that committee, and was recently reappointed to serve an additional twelve
month term.
As you may know, I have been involved with the development of this area since
1967, and I became a resident in April. 2004.
I believe with my background, I am an excellent candidate for appointment to
this advisory board. Please don't hesitate to call me if you have any questions or
wish to discuss this further.
Thank you for your consideration.
/d
19501 Biscayne Boulevard. Suite 400, Aventura. Florida 33180 (305) 937-6200 Fax (305) 933-5511
GEORGE J. BERLIN
BORN IN BROOKLYN, NEW YORK - SEPTEMBER 25, 1922. MOVED TO MIAMI,
FLORIDA IN 1933 - GRADUATED FROM MIAMI BEACH SENIOR HIGH SCHOOL -
JUNE 1940. RECEIVED B.S. DEGREE IN CIVIL ENGINEERING FROM CASE
INSTITUTE OF TECHNOLOGY - 1943. SERVED THREE YEARS AS A
COMMISSIONED OFFICER IN THE U.S. NAVY CIVIL ENGINEERING CORP.
DURING WORLD WAR II.
SINCE 1967, GEORGE BERLIN HAS BEEN INVOLVED IN THE CREATION OF THE
COMMUNITY OF AVENTURA. AS A PARTNER OF TURN8ERRY ASSOCIATES. HE
HAS OVERSEEN DEVELOPMENT OF MOST OF THE CONDOMINIUMS IN THAT
COMMUNITY AND THE WORLD-CLASS REGIONAL AVENTURA MALL, AS WELL
AS SEVERAL OTHER SHOPPING CENTERS IN MIAMI-DADE AND 8ROWARD
COUNTIES. BERLIN HAS ALSO BEEN VERY INVOLVED IN THE DEVELOPMENT OF
PORTO VITA. A LUXURY RESIDENTIAL COMMUNITY IN AVENTURA.
IN 1979, BERLIN WAS VOTED "BUILDER OF THE YEAR" BY THE BUILDERS
ASSOCIATION OF SOUTH FLORIDA AND WAS SUBSEQUENTLY ELECTED
PRESIDENT IN 1982. HE IS A FORMER DIRECTOR AT BOTH THE STATE AND
NATIONAL LEVELS AND HAS BEEN INDUCTED INTO THE BUILDERS HALL OF FAME
ON THE STATE AND LOCAL LEVELS.
BERLIN WAS THE GOVERNOR'S APPOINTEE TO THE ENERGY ADVISORY
COUNCIL IN 1979. AND SERVED ON THE STATE'S GROWTH MANAGEMENT
ADVISORY COMMIITEE IN 1985.
BERLIN WAS THE COUNTY MANAGER'S APPOINTEE ON THE ZONING REVIEW
TASK FORCE; WAS APPOINTED BY THE COUNTY COMMISSION TO SIT ON THE
DADE COUNTY BOARD OF RULES AND APPEALS, CHAIRED THE SUNNY ISLES
REDEVELOPMENT TASK FORCE, CHAIRMAN OF THE NORTHEAST BISCAYNE
BOULEVARD TRANSPORTATION CORPORATION; CHAIRMAN OF MIAMI-DADE
COUNTY MAYOR'S M.O.V.E. COMMITTEE; BOARD MEMBER OF FLORIDA
INTERNATIONAL UNIVERSITY'S METROPOLITAN CENTER ADVISORY BOARD;
BERLIN WAS ALSO A MEMBER OF THE BOARD OF THE METROPOUTAN
PLANNING ORGANIZATION; HE WAS A BOARD MEMBER/TREASURER OF THE
MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY AND WAS ALSO ON THE
BOARD OF THE GREATER MIAMI VISITORS AND CONVENTION BUREAU,
REPRESENTING A VENTURA AND SUNNY ISLES BEACH. BERLIN IS A MEMBER OF
THE CITY OF SUNNY ISLES BEACH TRAFFIC AND SAFETY COMMITTEE. BY
APPOINTMENT OF THE CITY COMMISSION.
BERLIN IS A PAST PRESIDENT OF TEMPLE SINAI OF NORTH DADE AND REMAINS
A VERY ACTIVE PARTICIPANT IN THE ONGOING BUSINESS OF THE TEMPLE. HE
HAS SERVED ON THE BOARD OF THE GREATER MIAMI JEWISH FEDERATION,
AND SERVED AS CHAIRMAN OF FEDERATION'S BUILDING COMMITTEE, FOR
OVER THIRTY YEARS, HE HAS BEEN A MEMBER OF B'NAI B'RITH, THE WORLD
JEWISH CONGRESS, AND THE CHATAUQUA SOCIETY.
BERLIN IS A FORMER BOARD MEMBER OF AVENTURA HOSPITAL AND MEDICAL
CENTER. HE ALSO SERVED ON THE BOARD OF PARKWAY REGIONAL MEDICAL
CENTER. HE IS A FOUNDING MEMBER OF THE JOINT COUNCIL OF AVENTURA,
A NON-PROFIT ORGANIZATION COMPOSED OF THE COMMUNITY'S
CONDOMINIUMS AND COMMERCIAL INTERESTS, ORIGINALLY FORMED TO
HANDLE THE LANDSCAPING, IRRIGATION, STREET LIGHTING, SECURITY AND
BUS SERVICE FOR THE AREA. AS A FOUNDING MEMBER OF THE A VENTURA
MARKETING COUNCIL. A NON-PROFIT BUSINESS ORGANIZATION DEDICATED
TO ESTABLISHING AVENTURA AS A DESTINATION LOCATION, BERLIN HELPED
THE ORGANIZATION GROW AND PROSPER WITH HIS SUPPORT AND ADVICE
OVER THE YEARS.
THE GREATER MIAMI CHAMBER OF COMMERCE PRESENTED HIM WITH THEIR
LEADERSHIP AWARD AND THE POLICE OFFICERS ASSISTANCE TRUST ALSO
RECOGNIZED HIM FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE
POLICE OFFICERS OF MIAMI-DADE COUNTY.
IN 2003, BERUN WAS INDUCTED INTO THE MIAMI BEACH HIGH HALL OF FAME.
HE HOlDS KEYS TO THE CITY OF AVENTURA AND MIAMI-DADE COUNTY.
MARRIED TO LILA EISENBERG BERLIN, THEY HAVE FOUR CHILDREN AND TEN
GRANDCHILDREN.
CITY OF AVENTURA
APPLICATION FOR
TRAFFIC ADVISORY BOARD
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Potential board members must be registered voters who have resided in the City of Aventura for six (6)
months immediately prior to an appointment to the Board. Applicants must have a demonstrated interest
and/or experience in traffic management or traffic engineering and a commitment to serve and act in the
best interests of the citizens of Aventura.
Name of Applicant 'R o131?fi.-(" GJ E'f?:rJ m
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Address: .J066 SiA,.JtJ LJi-JO. #-S(J~j ?\Vt~rtIl fc ,)'1/&(1
Home Phone: J oS' q:s.f r 091 Email Address: ?J elrh er- 0 ~ bdU<f',;7(i" tic:t
Business Name: occupation:"Rit1 (lVf, C"-Vf, Gec<'vI/ V("
Business Address:
Business Phone: Fax:
Qualifications: eivA1\{it f'N{e1'ic.u1 dv ",-"t< C1<R<:.;;ft'('~ WI1"< ct,JltV
(Briefly describe the specific expe ise and/or abilities you can contribute as a member of this Board.)
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List communityorcivicinvolvementUNP<1 <1lo.{.{ ~ f'rV(n1~IJI M.ev!(;r! eM/iI fll11((t
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Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointments are
for voluntary, uncompensated services and I will be subject to the requirements of the
St~da :!:{C/.J!I Pisclosure Requirements.
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Signature of Applicant Date
Fax or Mail completed application & resume to:
OffIce of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 466-8910 (305) 466-8919 fax
Robert I. Werner
3000 Island Blvd., Unit 3001
Williams Island, A ventura, FL 33160-4927
Bob is married to Florence with four Children and eight Grandchildren. They have owned in
Miami since 1989 and lived full time in the 3000 Island Blvd. Condo building since 1997. He
retired but works full time for Non Profit (For Impact) Charities. Upon retiring Bob did some
consulting. He formerly was a business executive. His degree is in Metallurgical Engineering
from Rensselaer Polytechnic Institute. Bob is technically inclined with interests in contemporary
art glass collecting, computers, photography and philanthropy. Mantra is "Leaders lead."
Civic & Philanthropic Positions include
. 3000 Island Blvd. Condominium Board
. Alexander Muss Institute for Israel Education, Inc. - Chair and Board Member
. Foundation of Jewish Philanthropies Executive, Investment and Strategic Planning
Committees
. Greater Miami Jewish Federation Board member, Chair-Pledge Redemption Committee,
Campaign Cabinet, Administrative Committee, Finance Committee, Strategic Planning
FRD Team and was on Hillel Day School Oversight Committee
. Israel Children's Centers -President, Board member and former Treasurer
. Israel Tennis Centers (Israel) - Board member and Executive Committee
. Citizens Interested in the Arts, Inc. - member, formerly Treasurer & Board member
. Beit Issie Shapiro, FL Board Chair & Director Beit Issie Shapiro Foundation, Inc.
. Art Alliance for Contemporary Glass - Board member
. The Victory School - Board member
. Alliance for Educational Programs in Israel - Board Member
. Bar Han University - Florida Executive Committee
. CAJE Board member
In former life very active in business as a Senior Vice President and Vice Chair or Chair of
different corporations. He also served in many responsible assigmnents at different trade
association and civic organizations including as Chair or President. He was Chair of the
International Aluminum Extrusion Technology Seminars for twenty years. He served as Chair of
a Union-Management Health and Welfare Organization as well as Chair of the Village of
Franklin Park Economic Development Commission. He served on a Homeowners Association
Board in Northbrook, IL and in business was responsible for large construction projects.
\Biographies\RIW 040805 BriefBio GMJF Strategic FRD Team
Robert Werner
3000 Island Blvd.
Apt. #3001
William Island
A ventura FL 33160
June 22, 2005
Mr. Eric M. Soroka
City Manager
City of A ventura
19200 West Country Club Drive
Aventura, FL 33180
Re: New Traffic Advisory Board
Dear Mr. Soroka:
Recently Commission Bob Diamond discussed with me the proposed new Traffic
Advisory Board. He described what the intent of this Board was and requested that I
consider submitting an application to join this Board.
Enclosed is my Application for the New Traffic Advisory Board.
My training is as an engineer. I worked for a family business for over forty-five years and
have had much experience in many different areas. I held a Professional Engineer's
license in the Province of Ontario. I met the reqirements for the New York State
Engineer-in- Training certification prior to moving to Ontario. When I returned to the US,
in Chicago, I was too busy running plants to devote the time for the final test. The NY
State EIT covered all of the testing, which I passed, and all that was required was four
years experience. The Ontario license is specifically as a Metallurgical Engineer.
In addition, I served as a corporate executive eventually becoming Senior Vice President
of most of our organizations. I served on some corporations as the Chairman or Vice
Chairman.
The balance of my experience you will find in the attached resume.
What might I add if selected for this Board? Probably more than anything is the ability to
think and analyze. My work required that in many situations I needed to start with a
blank page and get answers that worked.
~ectfully ~b~itted,
/'cdl L~J/\
Robert Werner
\Aventura Traffic Adv Bd\ltr 062205
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Robert M. Sherman, Dire
FROM:
DATE: June 27,2005
SUBJECT: Resolution Appointing O'Leary Richards Design Associates, Inc. to
Perform Professional Landscape Architect Services
July 6, 2005 City Commission Meeting Agenda Item 5.~
Recommendation
It is recommended that the City Commission adopt the attached resolution appointing
the firm of O'Leary Richards Design Associates, Inc. to perform Professional
Landscape Architect Services as contained in the attached Agreement.
Background
Pursuant to Resolution No. 2005-28, the City has successfully negotiated a scope of
services and fees with O'Leary Richards Design Associates, Inc.
The attached Agreement is the same contract that is in effect with other professional
consultants with increased insurance requirements that the City Attorney has
recommended. The hourly fees for professional services have increased $5 per hour,
which is consistent with our prior landscape architect's annual increases.
Hourly Rates:
Principal
Senior Landscape Architect
Landscape Architect
$125 per hour
$125 per hour
$110 per hour
RMS/gf
Attachments
RMS05030
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM
OF O'LEARY RICHARDS DESIGN ASSOCIATES, INC. TO
PERFORM PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO
exECUTE THE ATTACHED AGREEMENT FOR
PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of O'Leary Richards Design Associates, Inc. is hereby
appointed to perform Professional Landscape Architectural Services on behalf of the
City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and O'Leary Richards
Design Associates, Inc. and whereby the City agrees to the negotiated scope of
services and fees as contained in Exhibit "A".
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
who moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2005-
Page 2
PASSED AND ADOPTED this 6th day of July, 2005.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Hh11 h-h
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
AGREEMENT BElWEEN THE CITY OF AVENTURA and
O'LEARY RICHARDS DESIGN ASSOCIATES, INC. for
PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES
THIS AGREEMENT is entered into this 6th day of July, 2005 between: CITY OF
AVENTURA, a municipal corporation of the State of Florida, its successors and
assigns, hereinafter referred to as .CITY",
AND
O'Leary Richards Design Associates, Inc. a Florida Corporation, its successors and
assigns, hereinafter referred to as .CONSUL TANT".
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT agree as
follows:
ARTICLE 1
~ITIQNS AtiD IQENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed
to be true and correct and are therefore agreed upon by the parties.
1.1 CONTRACT ADMINISTRATOR: Whenever the term .CONTRACT
ADMINISTRATOR" is used herein, it is intended to mean the City Manager or
designee. In the administration of this Agreement, all parties may rely upon
instructions or determinations made by the CONTRACT ADMINISTRATOR.
1.2 CONSTRUCTION CONTRACTOR: The person(s), firm(s), corporation(s) or
other entity who enters into an agreement with CITY to perform the
construction work desired by CITY relating to PROJECT.
1.3 CONSULTANT: O'Leary Richards Design Associates, Inc., which is the
professional organization with whom CITY has contracted for the performance
of professional landscape architecture services pursuant to this Agreement.
1.4 CITY: City of Aventura, Florida, a body corporate and politic and a municipal
corporation of the State of Florida.
1
1.5 NOTICE TO PROCEED: A written statement issued by the CONTRACT
ADMINISTRATOR directing CONSULTANT to begin work.
1.6 PROJECT: The nature of the PROJECT includes landscape architecture, site
planning, studies, surveys, pre-design, design, permitting, bid/award, cost
estimating, program/project management, construction observation and
supervision, environmental studies, grant management assistance and other
professional services as required, GIS database development and assistance
programming, and other projects as assigned. This includes, but is not limited
to, work performed for CITY buildings, lands, park facilities, utilities, right-of-
way, beautification purposes, and regulatory matters. The term "lands"
includes land or property proposed to be acquired or sold.
1.7 REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it
is intended to mean actual expenses directly related to the performance of the
services as set forth in this Agreement. REIMBURSABLES are limited to:
a. Identifiable expenses of transportation in connection with the PROJECT
subject to the provisions and limitations for public agencies established
in Chapter 112, Florida Statutes. Automobile travel inside Broward,
Miami-Dade and Palm Beach Counties is not reimbursable. Surface
travel outside Florida and all air travel will be reimbursed only when prior
written approval for such expense has been given by CONTRACT
ADMINISTRATOR. Rental cars shall be mid-sized or smaller.
b. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous
travel-connected expenses for CONSULTANTs personnel subject to the
limitations of Chapter 112, Florida Statutes.
c. Identifiable communication expenses for express mail charges.
d. Identifiable cost of printing reproduction and aerial photography.
e. Identifiable testing costs.
1. Permit application fees. All fees paid to regulatory agencies for
approvals directly attributable to the PROJECT. These permit fees do
not include those permits required for the CONSTRUCTION
CONTRACTOR.
Reimbursable subcontractor expenses are limited to the items described above
when the subcontractor incurs authorized reimbursable expenses.
Notwithstanding anything to the contrary in the Agreement, all
REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be
2
approved, in writing, by the CONTRACT ADMINISTRATOR prior to incurring
the expenditure. Failure to comply with this provision shall result in the waiver
of the REIMBURSABlES.
1.8 BILLING RATE: Whenever the term BILLING RATE is used herein, it is
intended to mean average base salaries and wages paid to personnel by
employee category engaged directly on the PROJECT, including all fringe
benefits, overhead and profit. BILLING RATE by employee category are
shown on EXHIBIT "A".
1.9 LANDSCAPE ARCHITECT ASSISTANCE: Whenever the term LANDSCAPE
ARCHITECT ASSISTANCE is used herein, it is intended to mean those
professional services provided to CITY on a day-to-day basis for specific tasks
provided the estimated CONSULTANT cost for specific task does not exceed
Fifteen Thousand Dollars ($15,000.00). Typical tasks include response to field
or landscape problems, attendance at meetings, telephone calls, review of bids
and providing day-to-day assistance as required to respond to landscaping
issues, utility operations or field problems.
a. CITY shall describe the Task to be undertaken by CONSULTANT.
b. CONSULTANT shall agree upon a level of effort and employee category
to be assigned to the specific Task, and provide CITY with a proposal for
the work.
C. CITY shall authorize CONSULTANT, in writing, to provide professional
services requested for the specific Task.
d. CONSULTANT shall be reimbursed by CITY at the BILLING RATE
payable for each CONSULTANT's employee category shown on Exhibit
"A".
1.10 WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is
used herein, it is intended to mean professional services related to specific
projects identified by CITY for which the estimated CONSULTANT cost
exceeds Fifteen Thousand Dollars ($15,000.00).
The authorization issued by CITY shall contain the following information and
requirements:
a. A description of the work to be undertaken and method of compensation
with reference to the appropriate paragraphs of this Agreement.
3
b. A budget establishing the amount of compensation to be paid, which
amount shall constitute a guaranteed maximum, or a lump sum at the
CONTRACT ADMINISTRATOR's sole discretion, and shall not be
exceeded unless prior written approval of CITY is obtained. The
information contained in the budget shall be in sufficient detail so as to
identify the various elements of costs, and the adequacy of such budget
information shall be subject to the approval of CITY.
C. A time established for completion of the work or services undertaken by
CONSULTANT or for the submission to CITY of documents, reports and
other information pursuant to this Agreement. The time established for
performance shall be subject to the approval of CITY; however, the time
may, in the sole discretion of CITY, be extended upon justification of
CONSULTANT that additional time is necessary for performance.
Failure on the part of CONSULTANT to comply with the time established
for performance may result in the termination of this Agreement.
d. WORK AUTHORIZATIONS shall be dated and serially numbered.
ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties herein, the following statements, representations and explanations shall be
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements
of the mutual considerations upon which this Agreement is based.
2.1 CITY has met the requirements of the Consultants' Competitive Negotiation
Act, as set forth in Section 287.055, Florida Statutes, and has selected
CONSULTANT to perform the work of the specified nature as outlined in this
Agreement. Accordingly, this Agreement qualifies as a .continuing contract"
under section 287.055 (2) (g), F.S.
2.2 Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and CITY, and this Agreement
incorporates the results of such negotiations.
4
ARTICLE 3
SCOPE OF SERVICE~
3.1 The Scope of Services required to be performed by CONSULTANT shall be
identified under one of the following procedures:
LANDSCAPE ARCHITECT ASSISTANCE for specific "day-to-day" work. Tasks
as requested by CITY and agreed to by CONSULTANT.
Professional Services for a PROJECT as set forth in a WORK
AUTHORIZATION. CONSULTANT shall provide all services as set forth in the
WORK AUTHORIZATION including, without limitations, all necessary,
incidental and related activities and services required.
3.2 CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does
not delineate every detail and minor work. Task required to be performed by
CONSULTANT to complete a PROJECT. If, during the course of the
performance of a WORK AUTHORIZATION, CONSULTANT determines that it
should perform work. to complete a PROJECT which is outside the level of
effort originally anticipated, CONSULTANT will notify CONTRACT
ADMINISTRATOR in writing in a timely manner before proceeding with the
work. If CONSULTANT proceeds with said work. without notifying CONTRACT
ADMINISTRATOR as provided in Article 6, said work shall be deemed to be
within the original level of effort, whether or not specifically addressed in the
WORK AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not
constitute authorization or approval by CITY. Performance of work. by
CONSULTANT outside the originally anticipated level of effort without prior
written CITY approval is at CONSULTANTs sole risk.
ARTICLE 4
TIME QF PERFORMANCE
4.1 In the event CONSULTANT is unable to complete performance of services
because of delays resulting from untimely review and approval by
governmental authorities having jurisdiction over a PROJECT, or by
CONSTRUCTION CONTRACTOR and such delays are not the fault of
CONSULTANT, CITY shall grant a reasonable extension of time for completing
the work. It shall be the responsibility of CONSULTANT to notify the
CONTRACT ADMINISTRATOR promptly in writing whenever a delay is
anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR
of all facts and details related to the delay.
5
4.2 The CONSULTANT shall make every reasonable effort to respond within two
(2) hours to requests, but under no circumstances, shall response time exceed
four (4) hours, unless otherwise approved by the CONTRACT
ADMINISTRATOR.
4.3 CONSULTANT shall provide CITY with a current up-to-date phone contact list
of personnel at all times.
ARTICLE 5
QQ.MPEN~ATlON AND PAYMENT
5.1 CITY agrees to pay CONSULTANT as compensation for performance of all
approved LANDSCAPE ARCHITECT ASSISTANCE services required under
the terms of this Agreement at those BILLING RATES described in Article 1.8
and to reimburse CONSULTANT for REIMBURSABLES as described in Article
1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved
LANDSCAPE ARCHITECT ASSISTANCE service. The BILLING RATES
payable by CITY for each CONSULTANT's employee cetegories is shown on
Exhibit "A". Total compensation for a specific work task under LANDSCAPE
ARCHITECT ASSISTANCE shall not exceed Fifteen Thousand Dollars
($15,000.00).
5.2 CITY agrees to pay CONSULTANT as compensation for performance of all
services as related to a WORK AUTHORIZATION required under the terms of
this Agreement at those BILLING RATES described in Article 1.8 plus
subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum
payment to be negotiated and stated in the WORK AUTHORIZATION and to
reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7 up
to the guaranteed maximum payments to be negotiated in the WORK
AUTHORIZATION, for a total guaranteed maximum stated in the WORK
AUTHORIZATION. It is understood that the method of compensation is that of
"guaranteed maximum" which means that CONSULTANT shall perform all
services set forth for total compensation in the amount of or less than that
stated in the WORK AUTHORIZATION. The BILLING RATES payable by
CITY for each Consultant's employee categories is shown on Exhibit "A".
5.3 CONSULTANT shall submit billings, which are identified by the specific Task,
authorized under LANDSCAPE ARCHITECT ASSISTANCE on a monthly basis
in a timely manner for all LABOR and REIMBURSABLES attributable to the
Task. These billings shall identify the nature of the work performed, the total
hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
6
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. External REIMBURSABLES and subcontractor fees must
be documented by copies of invoices or receipts, which describe the nature of
the expenses and contain a project number or other identifier, which clearly
indicates the expense, is identifiable to a Task.
5.4 CONSULTANT shall submit billings that are identified by the specific
PROJECT and WORK AUTHORIZATION number on a monthly basis in a
timely manner for all LABOR and REIMBURSABLES attributable to a
PROJECT. These billings shall identify the nature of the work performed, the
total hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. The statement shall show a summary of LABOR COSTS
and REIMBURSABLES with accrual of the total and credits for portions paid
previously. Copies of invoices must document external REIMBURSABLES and
subcontractor fees or receipts that describe the nature of the expenses and
contain a project number or other identifier that clearly indicates the expense is
identifiable to a PROJECT. Internal expenses must be documented by
appropriate CONSULTANT's cost accounting forms with a summary of charges
by category. When requested, CONSULTANT shall provide backup for past
and current invoices that records hours and hourly rates by employee
categories, REIMBURSABLES by category and subcontractor fees on a Task
basis, so that total hours and cost by Task may be determined.
5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the
CONTRACT ADMINISTRATOR's option, the contract method of payment may
be a lump sum amount for a specific, detailed scope of services. For lump sum
contracts, CONSULTANT shall invoice based upon percentage of work
complete. Supporting information shall be provided to document the estimate
of completion percentage.
5.6 CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid
by CONSULTANT.
5.7 CITY agrees that it will use its best efforts to pay CONSULTANT within thirty
(30) calendar days of receipt of CONSULTANT's proper statement as provided
above. The parties shall comply with section 218.70, F.S., et seq. the Prompt
Payment Act.
7
5.8 Payment will be made to CONSULTANT at:
O'LEARY RICHARDS DESIGN ASSOCIATES, INC.
11400 SW. 107 AVENUE
MIAMI, FL 33176
ARTICLE 6
ADDITIQNAL SERVICES AND CHANGE~ IN ~COPE OF SI;RVlCES
6.1 Services related to an LANDSCAPE ARCHITECT ASSISTANCE Task which
would increase, decrease or which are outside the level of effort agreed upon
by CITY and CONSULTANT shall be services for which CONSULTANT must
obtain prior written approval of CITY before compensation can be paid.
6.2 Services related to a WORK AUTHORIZATION which would increase,
decrease or which are otherwise outside the Scope of Services or level of effort
contemplated by a WORK AUTHORIZATION shall be services for which
CONSULTANT must obtain the prior written approval from CITY before
compensation can be paid. All terms for the performance of such services
must be agreed upon in writing in a document of equal dignity herewith prior to
any deviation from the terms of a WORK AUTHORIZATION, and when properly
executed shall become an Amendment to the WORK AUTHORIZATION.
ARTICLE 7
CITY'S REiPONSIBILlTEI
7.1 CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information it has available pertinent to the PROJECT including previous
reports and any other data relative to a PROJECT. It shall be CONSULTANT's
sole responsibility to physically retrieve said information.
7.2 CITY shall arrange for access to make all provisions for CONSULTANT to
enter upon public and private property as reasonably required for
CONSULTANT to perform its services under this Agreement.
8
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings,
specifications, designs, design calculations, details, models, photographs,
reports, surveys and other documents, plans and data that result from
CONSUL TANrs services under this Agreement or that is provided in
connection with this Agreement shall become and shall remain the property of
CITY. Copies of all AutoCAD and other similar software files shall be provided
to CITY. CONSULTANT shall be entitled to keep a copy of such items for
record purposes. However, no changes or revisions to the documents or data
furnished by CONSULTANT shall be made by CITY unless CONSULTANT'S
name and professional seal are removed from such changed or revised
materials.
8.2 TERMINATION: This Agreement may be terminated by CONSULTANT for
cause, or by CITY for any reason with or without cause, upon thirty (30) days
written notice from the terminating party to the other party. In the event of such
termination, CONSULTANT shall be paid its compensation for services
performed to termination date, including all REIMBURSABLES then due or
incurred to termination date. In the event that CONSULTANT abendons this
Agreement or causes it to be terminated by CITY, CONSULTANT shall be
liable to CITY for any loss pertaining to this termination. All finished or
unfinished sketches, tracings, drawings, specifications, design, design
calculations, details models, photographs, reports, surveys and other
documents, plans and data that result from CONSULTANT's services under
this Agreement shall become and shall remain the property of CITY and shall
be delivered by CONSULTANT to CITY.
8.3 RECORDS: CONSULTANT shall keep such records and accounts and require
any and all consultants and subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as to
personnel hours charged to the PROJECT and any expenses for which
CONSULTANT expects to be reimbursed. Such books and records will be
available at all reasonable times for examination and audit by CITY and shall
be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this agreement. Incomplete or incorrect entries in such
books and records will be grounds for CITY's disallowance of any fees or
expenses based upon such entries.
8.4 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or
disability and will take affirmative steps to ensure that applicants are employed
9
and employees are treated during employment without regard to race, color,
religion, sex, age, disability or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action
Policy, if requested.
8.5 NO CONTIN~ENT FEI:;S: CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona fide employee working
solely for CONSULTANT, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or
violation of this provision, CITY shall have the right to terminate the Agreement
without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
8.6 SUBCONTRACTORS: In the event CONSULTANT, during the term of this
Agreement, requires the services of any subcontractors, or other professional
associates in connection with services covered by this Agreement,
CONSULTANT must secure the prior written approval of the CONTRACT
ADMINISTRATOR. As part of the approval process, CITY shall require
subcontractor to comply with the terms of this Agreement, specifically but
without limitations, the requirements of this Article 8. CONSULTANT shall be
responsible for obtaining releases from subcontractors at the time the
subcontractors are paid.
8.7 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by CONSULTANT, under any
circumstances, without the prior written consent of CITY. Said consent shall be
at CITY's sole discretion and may be unreasonably withheld.
8.8 I[IIDEMfilFICATIQN QF CITY:
a. CONSULTANT shall indemnify and hold harmless the CITY, its officers
and employees, from liabilities, damages, losses and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness or intentional wrongful conduct of the
CONSULTANT and persons employed or utilized by the CONSULTANT in
the performance of the Agreement.
10
8.9 INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all
times during the services to be performed, such insurance, including Workers'
Compensation Insurance, Employer's Liability Insurance, Comprehensive
General Liability Insurance, Business Automobile Liability Insurance and
Professional Liability Insurance, as set forth herein.
United States Treasury approved companies authorized to do business in the
State of Florida, and having agents upon whom service of process may be
made in the State of Florida shall issue such policy or policies. CONSULTANT
shall specifically protect CITY by naming CITY and CITY's officers, agents and
employees as additional insured under the Comprehensive General Liability
Insurance Policy, and Business Automobile Liability Insurance Policy,
hereinafter described. The Professional Liability Policy or certificate shall
reference this Project.
All policies shall provide for a Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed to provide CITY with thirty (30) days advance
notice of cancellation and/or restriction.
a. Professional Liabilitv Insurance: The limits of liability provided by such
policy shall be no less than Five Hundred Thousand Dollars ($500,000.00).
b. Worker's Comoensation Insurance to apply to all employees in compliance
with the Worker's Compensation Law of the State of Florida and all
applicable federal laws.
c. ComDrehensive General Liabilitv Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
Premises and/or Operations.
Independent Contractors.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
11
d. Business Automobile Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined
single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
e. CONSULTANT shall provide CITY a Certificate of Insurance or a copy of
all insurance policies required by Section 8.9 including any subsection
thereunder. CITY reserves the right to require a certified copy of such
policies upon request. All endorsements and certificates shall state that
CITY shall be given thirty (30) days notice prior to expiration, cancellation
or restriction of the policy.
8.10 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that
questions in the day-to-day conduct of a PROJECT will arise. The
CONTRACT ADMINISTRATOR, upon request by CONSULTANT shall
designate in writing and shall advise CONSULTANT in writing of one or more
CITY employees to whom all communications pertaining to the day-to-clay
conduct of PROJECT shall be addressed.
CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of the
representative of CONSUL T ANT to whom matters involving the conduct of
PROJECT shall be addressed. CONSULTANT shall, at all times during this
Agreement, have available for consultation or otherwise, an employee who
shall be familiar with all work contemplated under this Agreement.
8.11 WAIVER OF JURY TRIAL: The parties knowingly and expressly waive any right
to a trial by jury in any litigation between the parties in any way arises under this
Agreement.
8.12 ALL PRIOR AGREEMENTS SUPERSEDJ;D: This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
12
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity
herewith.
8.13 NOTICES: Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the
respective places for giving notice, to wit:
FOR CITY:
FOR CONSULTANT:
Eric M. Soroka, ICMA-CM
City Manager
City of Aventura
Kathryn O'Leary Richards
President
O'Leary Richards Design Assoc., Inc.
11400 S.w. 107111 Avenue
Miami, Florida 33176
305-790-7641
19200 W. Country Club Drive
Aventura, Florida 33180
305-466-8910
8.14 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by
CONSULTANT shall act as the execution of a truth-in-negotiation certificate
stating that wage rates and other factual unit costs supporting the
compensation of this Agreement are accurate, complete, and current at the
time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which CITY determines the
contract price was increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. All such contract adjustments shall be
made within one year following the end of this Agreement.
8.15 NQN-EXCLUSIVE AGREEMENT: The services to be provided by
CONSULTANT pursuant to this Agreement shall be non-exclusive and nothing
herein shall preclude CITY from engaging other firms to perform the same or
similar services for the benefit of CITY within CITY's sole and absolute
discretion.
8.16 WARRANTIES QF CONS~LTANT: CONSULTANT hereby warrants and
represents as follows:
13
a. At all times during the term of this Agreement, CONSULTANT shall maintain
in good standing all required licenses, certifications and permits required
under federal, state and local laws necessary for the performance under
this Agreement.
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
8.17 GOVERNIN!;? LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
[rhe balance of this page has been intentionally left blank).
14
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature.
CITY OF AVENTURA, FLORIDA
BY:
Eric M. Soroka, ICMA-CM
City Manager
ATTEST
BY:
City Clerk
Teresa M. Soroka, MMC
APPROVED AS TO FORM
BY:
City Attorney
Weiss Serota Helfman Pastoriza Guedes Cole & Boniske. PA
CONSULTANT
BY:
President
Kathryn O'Leary Richards
(Print or Type)
ATTEST:
(Seal) Corporate Secretary
O'Leary
Richards
Design
Associates,
Inc.
1.arKhcape Archiletture & Planning
11400 Southv.rest 107th Avenue
Miami. Florida 33176
Phone, 305.790.7641
Fax: 305.235.2886
~...-nbn,>llho
i\nwrk"",::;OCi"'YO(l.>~AJ'l::h\t='<
June 15.2005
Mr. Robert M. Shennan
Director of Community Services
City of Aventura
19200 W. Country Club drive
Aventura, FL 33180
Re: City of Avcntura
landscape Architectural Services
Dear Mr. Shennan:
EXHIBIT "A"
Per our recent discussion, the following are our hourly rates for the upcoming year:
$125.oo/hr.
Principal/Sr. landscape Architect
Kathryn O'Leary Richards, ASLA
William A. O'Leary. F ASLA
landscape Architect
$IIO.OOlhr.
These hourly rates will be in effect beginning July 1,2005. Please let me know if you
require any additional infonnation.
Very truly yours.
O:LEARY R1CHARIf DE~/~SS\OC., INC.
!ftti~C~+~
1 · I i
Kathryn O'Leary Richard" IjSLA
15
ACORD. CERT/F/CA T~ OF LIABILITY INSURANCE OP 10 2AAj DATE (MMlDDJYYYY)
OLEAR-2 06/20/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
WEINSTEIN, JONES & ASSOCIATES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1570 MADRUGA AVENUE 11300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CORAL GABLES FL 33146
Phone: 305-665-2622 Fax:305-665-3236 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: CNA INSURANCE
INSURER s"
O'LEARY RICHARDS DESIGN ASSOCI INSURER c:
11400 SW 107th Avenue INSURER 0:
Miami, FL 33176
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REspeCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
r POlleY NUMBER I "D'A'TeiMMIDDfYY DATE MMIDDfYY1" LIMITS
LTR NSR TYPE OF INSURANCE
~NERAL LIABILITY ! EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence) $
I CLAIMS MADE D OCCUR MED EXP (Anyone person) $
- PERSONAl & ADV INJURY $
-
- GENERAL AGGREGATE $
GEN'l AGGREGATE LIMIT APPLIES PER I PRODUCTS. COMPIOP AGG $
II .nPRO- n
POLlCY JECT LOC
~TOMOBlt..E LIABILITY COMBINED SINGLE LlMIT $
ANY AUTO (Eaaccidenl)
~
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
- I
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- --~--- ...--- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY ! AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC I
AUTO ONLY: AGG $
EXCESS/UMBRELLA LJABILlTY EACH OCCURRENCE ,
~ OCCUR D CLAl/I,lS MADE ---
AGGREGATE ,
$
I --
R DEDUCTIBLE I I
RETENTION , $
WORKERS COMPENSATION AND ~vRY;:>lIMITS I IUEFt
EMPLOYERS' LIABILITY --
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
~~Etl~t$~'OV~~?6~S below --
I E_L. DISEASE - POLICY LIMIT I
OTHER
A PROFESSIONAL LIAS 25-4110213 06/01/05 06/01/06 AGGREGATE 500,000
PER CLAIM 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
$5,000 DEDUCTIBLE.
CERTIFICATE HOLDER
CANCELLATION
FORPROO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE-ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL
FOR PROOF OF INSURANCE ONLY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. rrs AGENTS OR
REPRESENTATIVES.
, . 'Co ~:4EPij::::-
, .
I
2 ,
ACORD 25 ( 001/08)
@ACORDCORPORATION 1988
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
DATE: June 27, 2005
SUBJECT: Resolution Declaring Equipment Surplus
July 6, 2005 Commission Meeting Agenda Item r;;
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
desktop computer equipment as surplus to the needs of the Community Services,
Finance Support Services, Police and Community Development Departments.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01380-05
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "An has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Harry Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2005-
Page 2
PASSED AND ADOPTED this 6th day of July, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFF~ENCY:
A--If frv1 ~
CITY ATTORNEY
CITY OF AVENTURA
COMPUTER EQUIPMENT INVENTORY
i , ,
----~---
, ,
ASSET TAG MAKE I MODEL SERIAL NO. ~
I --, - - ...-.-
------------~-
1 175 GATEWAY P5-133 5825098 DESK TOP
2 , 163 ~ATEWAY ATX 5300883 DESK TOP
~~-T-58f-- BA1C 7109031 DESK TOP --
GATEWAY
4 10 ACER 5102DK DESK TOP
5 ----COMPAQ 5150 1X89BX3842FN DESK TOP
-~- -----397--i-cPT , 919901 DESK TOP
6
1 --Cf>T ------'---. ---
7 378 P133 919419 ! DESK TOP
8 CPT P133 BRENDA'S DESK TOP
9 376 CPT P166 919491 DESK TOP
10 388 CPT P166 919416 ! DESK TOP
----.~..._~-
11 QBEX ! M012A1008000602 DESK TOP
12 481 COMPAQ 2500 D703WB1047 DESK TOP
---- -- 0""_'_'_
13 CPT P166 919928 DESK TOP
14 374 CPT P166 919489 DESK TOP
15 --~---~-- 66-200 . 7514909 DESK TOP
--------- -----.....-.....
16 44~_~PT P166 919490 DESK TOP
n'.,__._...____
17 , 384 CPT P133 9219408 DESK TOP
18 . 405 CPT P133 919463 DESK TOP
19 , 380 CPT P166 919424 DESK TOP
20 404 CPT i P100 919~79____'_~ESK TOP
-".---------
21 953 DELL XPST 450 74FUZ DESK TOP
22 386 , CPT 133 919420 DESK TOP
23 392 CPT 166 919418 DESK TOP
24 401 CPT P133 919438 DESK-rop-
25 394 r--cpt-~- -------P166-----;---91941if-----DESK TOP
26 963 GATEWAY 700 SELECT , 18678293 DESK TOP
27 833 CYBERMAX 5001585603 --- ------=-
DESK TOP
28 , 368 CPT P100 919737 -- - ---c~
DESK TOP
29 DELL P133 68HG8 DESK TOP
30 COMPUDYNE 18H 252BOBB06116 DESK TOP
31 645 GATEWAY P55C200 9693370 DESK TOP
~9___ GATEW~J:- -~----- ~------ r-bESK TOP
32 P55C 9693373
----
33 641 . GATEWAY P55C 9693372 DESK TOP
_.~_._.__._. ___.n.. .....___.....!-_____._......__... ._ ___.._ f------------ -.---..-.-.--- -- .--..--.------. -.---------c-
34 961 i GATEWAY 700 18678292 DESK TOP
35 1028 GATEWAY 3400 21322713 DESK TOP
36 --- GATEWAY , 3400 -- 24216444 DESK TOP
--37--'---- -..------.--- 3400 ------------- --~~
GATEWAY , 21322704 . DESK TOP
38 592 INTEL ! EC100TX 8050545607 I HUB
39 561 , INTEL EC100TX 8054645607 HUB
- - ----,---- --- ___ _,__.__..,'._._.u._ __.____ -~--- -.---...---...----- 1----
40 563 ' 3-GOM SUPERSTACK2 01037YAF014467 HUB
41 637 GATEWAY E-3000 i 9693371 DESK TOP
__42____r___40L_J_ __~~T:__ P133 919630 DESK TOP
-~---~----.----.- ---.----f-.. -.-----
43 . IBM PC330 23DRXP1, DESK TOP
44 1015 GATEWAY I NLX , 21322364 DESK TOP
45 i 1022 GATEWAY 3400 21322707 DESK TOP
46 933 GATEWAY 3200 L_1561.2~19 __D1:SK_TQf=
47 1029 GATEWAY 3400 I 21322714 i DESK TOP
48 1013 i GATEWAY 3400 i 21322720 I DESK TOP
Page 1 of 2
6/27/2005
CITY OF AVENTURA
COMPUTER EQUIPMENT INVENTORY
49 1027 GATEWAY 3400 21322712 DESK TOP
50 859 ! GATEWAY 3200 I 16471389 DESK TOP
51 855 L GATEWAY GP6 11681516 DESK TOP~~
52 ! GATEWAY I G6266 10305940 DESK TOP
53 GATEWAY BATC 5824171 DESK TOP
54 GATEWAY BATC 5825138 DESK TOP
55 301 SMC EASY SWITCH PLUS 662698103892 SMC switcH
~56 178 GATEWAY BATC 5512439 DESK TOP
57 COMPAQ 4055 D742BPZ10267 DESK TOP
58 842 GATEWAY ! 450 131677886 DESK TOP
59 569 ICP , RK MT PC500 6611507RA DESK TOP
-.,.---.--.---
60 SONY , UP-D1500CN PRINTER
--.-.._-
61 IBM 6677 10-54K3C DESK TOP
62 GATEWAY BATC 5301411 DESK TOP
63 COMPAQ SERIES 4000 D703HWB10039 DESK TOP
64 1020 GATEWAY E3400 21322705 DESKL<?~
65 1032 GATEWAY E3400 21322717 DESK TOP
66 1008 DELL OPTIPLEX GX110 48TP501 DESK TOP
-- -.. ---~
67 450 GATEWAY E3100 , 7514910 ! DESK TOP
68 960 GATEWAY SELECT 186782989 DESK TOP
69 HP LASERJET 6P USBB089755 PRINTER
70 I 24 ! HP ,DESKJET 820CSE SG64518088 PRINTER
71 1012 ! DELL lOPTTpLEX GX110 I 18TP501 DESK TOP
Page 2 012
6/27/2005
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, ICMA-CM. r~ er
June 27,2005
TO:
DATE:
SUBJECT:
Sexual Violator Residency Prohibition Ordinance
1st Reading July 6, 2005 City Commission Meeting Agenda Item ...2.....
2nd Reading July 21, 2005 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance which
prohibits any "sexual violator" to reside within 2,500 feet of any school, day care center,
public school bus stop, park or playground.
This matter is being fast tracked based on the various cities in the County adopting
similar legislation. It should be pointed out that the County is considering legislation to
deal with this issue as well.
The Ordinance does not prohibit a person who is registered with the State of Florida as
a sexual violator, sexual offender, or sexual predator whose registration shows an
address within the City prior to the effective date or from continuing to reside at the
registered address solely because a school, etc. is subsequently built or established
within 2,500 feet of the address.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01379-05
ORDINANCE NO: 2005-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE
CITY OF AVENTURA, ENTITLED "GENERAL PROVISIONS", TO
ESTABLISH SECTION 1-16, ENTITLED "SEXUAL VIOLATOR
RESIDENCY PROHIBITION," PROHIBITING CONVICTED SEXUAL
VIOLATORS FROM RESIDING WITHIN 2,500 FEET OF SPECIFIED
LOCATIONS WITHIN THE CITY OF AVENTURA; PROVIDING FOR
SEVERABILITY, PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the recent attacks on children by registered sex offenders within the State of
Florida has shed light upon the necessity of providing greater protection to children from the
risks posed by registered sex offenders; and
WHEREAS, the City Commission of the City of Aventura is deeply concerned about the
health, safety and protection of Aventura's children; and
WHEREAS, the City Commission of the City of A ventura believes it is of utmost
importance to provide Aventura's children with safe areas in which to live and play, and
therefore, the City Commission desires to establish a policy that will provide greater protection
to children against the dangers posed by registered sex offenders; and
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and S 166.021, Florida
Statutes, grant the City authority to adopt such provisions in order to protect the health, safety
and welfare of its residents; and
WHEREAS, the 8th Circuit United States Court of Appeals recently issued an opinion in
the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005) in which the Court upheld
similar residency restrictions adopted by the State of Iowa, and found the restrictions to be valid;
and
WHEREAS, the U.S. Department of Justice conducted a study titled Recidivism of Sex
Offenders Released from Prison in 1994 (November 2003), and the Center for Sex Offender
Management (along with the Office of Justice Programs, National Institute of Corrections, and
the State Justice Institute) published a study entitled Recidivism of Sex Offenders (May 2001),
and both studies suggested that there is an increased risk of recidivism for persons convicted of
sexual offenses; and
WHEREAS, the City Commission finds that the creation of a Sexual Offender Residency
Prohibition section in the City Code of Ordinances to prohibit convicted sex offenders from
living within two thousand five hundred (2,500) feet of specified locations in the City of
A ventura is in the best interest of the health, safety and welfare of the residents and citizens of
the City of Aventura.
Page 1014
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2.
Code Amended.
That Chapter 1 of the Code of Ordinances of the City
of A ventura is hereby amended by creating Section 1-16 "Sexual violator residency prohibition" to
read, as follows:
Sec. 1-16.
Sexual violator residency prohibition.
(A) It is unlawful for any "Sexual Violator". as that term is defined below. to reside
within 2.500 feet of any school. day care center. public school bus stoP. park or
playground.
ill.) A person who violates Section 1-16( A) shall be punished bv a fine not exceeding
$500.00 or by imprisonment for a term not exceeding 60 days. or by both such
fine and imprisonment.
{Q For purooses of this section. a "Sexual Violator" is any person who has been
convicted of any felony sexual offense in any state in the United States at any
time. regardless of whether adiudication has been withheld. in which the victim of
the offense was less than 16 years of age. as that term was applied and used by the
state in which the JJefSon was convicted.
ill} The provisions of Section 1-16(A) shall not prohibit a person who is registered
with the State of Florida as a Sexual Violator. sexual offender or sexual predator
whose registration shows an address within the City prior to the effective date of
this Section from continuing to reside at the address even if it is within 2.500 feet
of any school. day care center. public school bus stoP. park or playground.
(ID The provisions of Section 1-16(A) shall not prohibit a person who is registered
with the State of Florida as a Sexual Violator. sexual offender or sexual predator
from continuing to reside at his or her registered address solelv because a school.
day care center. public school bus stoP. park or playground is subseauently built
or established within 2.500 feet of his or her registered address.
Page 2 of 4
ill It shall be a violation of the City's Code of Ordinances for a landlord or owner of
residential prooerty in the City to rent or lease a residence to a Sexual Violator. if
the Sexual Violator intends to reside at the property and if the property is located
within 2.500 feet of a school. dav care center. public school bus stoP. park or
plaYl!fOund. Any person violating this provision is subiect to the code
enforcement Dfocedures set forth in Article V. "Code Enforcement" of Chapter 2
of the City Code.
Section 3.
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4.
Inclusion in Code. That it is the intention of the City Commission of
the City of A ventura, and it is hereby ordained that the provisions of this ordinance shall become
and be made part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "Ordinance" may be
changed to "Section" or other appropriate word.
Section 5.
Effective Date. That this Ordinance shall take effect immediately upon
its adoption on second reading.
The foregoing Ordinance was offered by
, who moved its adoption on
fIrst reading. This motion was seconded by
, and upon being put to a
vote, the vote was as follows:
Page 3 of 4
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this Q day of Julv. 2005.
PASSED AND ADOPTED on second reading this 21st day of Julv, 2005.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
H~~
City Attorney
Page 4 of 4
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Recidivism of Sex Offenders
Released frol11 Prison in 1994
Offender characteristics
Sentences and criminal records
COlnparisons to other offenders
Rearrests and reconvictions
Rearrests for sex crimes against children
U.S. Department of Justice
Office of Justice Programs
810 Seventh Strect, N.W.
Washington, D.C. 20531
John Ashcroft
A ttorney General
Office of Justice Programs
Dcborah J. Daniels
Assistant Attorney Gencral
World Wide Web sitc:
http://www.ojp. usdoj .gov
Bureau of Justice Statistics
Lawrence A. Grecnfeld
Director
World Wide Web site:
htlp:/ /www.ojp.usdoj.gov/bjs
For information contact:
National Criminal Justice Referencc Service
1-800-851-3420
U.S. Department of Justice
Office of Justice Programs
Bu...eau of Justice Stalistics
6)
Recidivism of Sex
Offenders Released
from Prison in 1994
By Patrick A. Langan, Ph.D.
Erica L. Schmitt
and Matthew R. Durose
Statisticians, Bureau of Justice Statistics
November 2003, NCJ 198281
U.S. Department of Justice
Office ot Justice Programs
Bureau of Justice Statistics
Lawrence A. Greenfeld. Director
Patrick A Langan. Erica L. Schmitt,
and Matthew R. Durose. all BJS statis-
ticians. wrote this report. Carolyn
Williams and Tom Hester edited and
produced it.
November 2003. NCJ 198281
Contents
Introduction and highlights 1
Definitions 3
Imprisonment offense
Sex offender
Rapist
Sexual assaulter
Child molester
Statutory rapist
First release
Prior arrest
Rearrest
Reconviction
Returned to prison
- with a new sentence
- with or without a new sentence
Demographic characteristics 7
All sex offenders (table 1)
Rapists and sexual assaulters (table 1)
Child molesters and statutory rapists
(table 2)
Sentence length and time served
All sex offenders (table 3)
Rapists and sexual assaulters (table 3)
Child molesters and statutory rapists
(table 4)
Prior criminal record 11
All sex offenders (table 5)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters (table 5)
Child molesters and statutory rapists
(table 6)
Four measures of recidivism 13
Four measures
All sex offenders (table 7)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 7)
Child molesters and statu lory
rapists (table 8)
Time to recidivism
All sex offenders (table 9)
Rapists and sexual assaulters
(table 9)
Child molesters and statutory
rapists (table 10)
Rearrest for any type of crime 18
Demographic characteristics
All sex offenders (table 11)
Rapists and sexual assaulters
(table 11)
Child molesters and statutory
rapists (table 12)
9 Time served before 1994 release
All sex offenders (table 13)
Rapists and sexual assaulters
(table 13)
Child molesters and statutory
rapists (table 14)
Prior arrest for any type of crime
All sex offenders (table 15)
Rapists and sexual assaulters
(table 15) ,
Child molesters and stalutory
rapists (table 16)
Number of prior arrests for any type
of crime
All sex offenders (table 17)
Rapists and sexual assaulters
(table 17)
Child molesters and statutory
rapists (table 18)
State where rearresled for any type of
crime
All sex offenders (table 19)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 19)
Child molesters and statutory
rapists (table 2D)
Rearrest and reconviction
for a new sex crime 24
Rearrest and reconviction
All sex offenders (table 21)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 21)
Child molesters and statutory
rapists (table 22)
Time to rearrest
All sex offenders (table 23)
Rapists and sexual assaulters
(table 23)
Child molesters and statutory
rapists (table 24)
Demographic characteristics
All sex offenders (table 25)
Time served before 1994 release
All sex offenders (table 26)
Prior arrest for any type of crime
All sex offenders (table 27)
Rapists and sexual assaulters
(table 27)
Child molesters and statutory
rapists (table 28)
Number of prior arrests for any type
of crime
All sex offenders (table 29)
Prior arrest for a sex crime
All sex offenders (table 3D)
Rapists and sexual assaulters
(table 3D)
Child molesters and statutory
rapists (table 31)
State where rearrested for a sex crime
All sex offenders (table 32)
Sex offenders compared to
non-sex offenders
Rapists and sexual assaulters
(table 32)
Child molesters and statutory
rapists (table 33)
Recidivism of Sex Offenders Released from Prison in 1994 iii
Rearrest for a sex crime
against a child 30
Undercounts of sex crimes
against children
No data on precise ages
of molested children
Rearrest
All sex offenders (table 34)
Sex offenders compared to non-sex
offenders
Rapists and sexual assaulters
(table 34)
Child molesters and statutory
rapists (table 35)
Prior arrest for a sex crime
against a child
All sex offenders (table 36)
Rapists and sexual assaulters
(table 36)
Child molesters and statutory
rapists (table 37)
Molester's and chlld's age at time
of imprisonment offense
Child molesters (table 38)
State where rearrested for a sex crime
against a child
All sex offenders (table 39)
Sex offenders compared to non-sex
offenders
Rapists and sexual assaulters
(table 39)
Child molesters and statutory
rapists (table 40)
Rearrest for other
types of crime 34
All sex offenders (table 41 )
Rapists and sexual assaulters
(table 41)
Child molesters and statutory
rapists (table 42)
Victims of sex crimes 36
Characteristics of victims of rape or
sexual assault (unnumbered
table)
Methodology 37
Number of sex offenders released
from State prisons in 1994 and
number selected for this report.
by State (Appendix table)
iv Recidivism of Sex Offenders Released from Prison in 1994
Introduction and highlights
Introduction
In 1994, prisons in 15 States released
9,691 male sex offenders. The 9.691
men are two-thirds of all the male sex
offenders released from Slate prisons
in the United States in 1994. This
report summarizes findings from a
survey that tracked the 9.691 for 3 full
years after their release. The report
documents their "recidivism." as
measured by rates of rearrest. recon-
viction. and reimprisonment during the
3-year followup period.
This report gives recidivism rates for
the 9.691 combined total. It also
separates the 9,691 into four overlap-
ping categories and gives recidivism
rates for each category:
. 3.115 released rapists
. 6,576 released sexual assaulters
. 4,295 released child molesters
. 443 released statutory rapists.
The 9.691 sex offenders were released
from State prisons in these 15 States:
Arizona. Maryland, North Carolina.
California, Michigan. Ohio. Delaware.
Minnesota. Oregon. Florida, New
Jersey. Texas, Illinois. New York.
and Virginia.
Highlights
The 15 States in the study released
272.111 prisoners altogether in 1994.
Among the 272.111 were 9.691 men
whose crime was a sex offense (3.6%
of releases).
On average the 9,691 sex offenders
served 3)1, years of their 8-year
sentence (45% of the prison sentence)
before being released in 1994.
Rearrest for a new sex crime
Compared to non-sex offenders
released from State prisons. released
sex offenders were 4 times more likely
to be rearrested for a sex crime.
Within the first 3 years following their
release from prison in 1994. 5.3% (517
of the 9,691) of released sex offenders
were rearrested for a sex crime. The
rate for the 262,420 released non-sex
offenders WaS lower. 1.3% (3.328 of
262,420).
The first 12 months following their
release from a State prison was the
period when 40% of sex crimes were
allegedly committed by the released
sex offenders.
Recidivism studies typically find that.
the older the prisoner when released.
the lower the rate of recidivism.
Results reported here on released sex
offenders did not follow the familiar
pattern. While the lowest rate of
rearrest for a sex crime (3.3%) did
belong to the oldest sex offenders
(those age 45 or older). other compari-
sons between older and younger
prisoners did not consistently show
older prisoners' having the lower
rearrest rate.
The study compared recidivism rates
among prisoners who served different
lengths of time before being released
from prison in 1994. No clear associa-
tion was found between how long they
were in prison and their recidivism rate.
Before being released from prison in
1994. most of the sex offenders had
been arrested several times for differ-
ent types of crimes. The more prior
arrests they had. the greater their likeli-
hood of being rearresled for another
sex crime after leaving prison. Re-
leased sex offenders with 1 prior arrest
(the arrest for the sex crime for which
they were imprisoned) had Ihe lowest
rearrest rate for a sex crime, about 3'%;
those with 2 or 3 prior arrests for some
type of crime. 4%; 4 to 6 prior arrests,
6%; 710 10 prior arrests. 7%; and 11
to 15 prior arrests, 8%.
Rearrest for a sex cnme against a Cllild
The 9,691 released sex offenders
included 4.295 men who were in prison
for child molesting.
Of the children these 4.295 men were
imprisoned for molesting. 60% were
age 13 or younger.
Half of the 4.295 child molesters were
20 or more years older than the child
they were imprisoned for molesting.
On average. the 4.295 child molesters
were released after serving about 3
years of their 7-year sentence (43% of
the prison sentence).
Compared to the 9.691 sex offenders
and to the 262,420 non-sex offenders,
released child molesters were more
likely to be rearrested for child molest-
ing. Within the first 3 years following
release from prison in 1994, 3.3% (141
of 4,295) of released child molesters
were rearrested for another sex crime
against a child. The rate for all 9,691
sex offenders (a category that includes
the 4.295 child molesters) was 2.2%
(209 of 9.691). The rate for all 262,420
non-sex offenders was less than half of
1 % (1.042 of the 262,420).
Of the approximately 141 children
allegedly molested by the child moles-
ters after their release from prison in
1994.79% were age 13 or younger.
Recidivism of Sex Offenders Released from Prison in 1994 1
Released child molesters with more
than 1 prior arrest for child molesting
were more likely to be rearrested for
child molesting (7.3%) than released
child molesters with no more than 1
such prior arrest (2.4%).
Rearrest for any type of crime
Compared to non-sex offenders
released from State prison. sex offend-
ers had a lower overall rearrest rate.
When rearrests for any type of crime
(not just sex crimes) were counted. the
study found that 43% (4.163 of 9.691)
of the 9.691 released sex offenders
were rearrested. The overall rearrest
rate for the 262,420 released non-sex
offenders was higher. 68% (179,391 of
262,420).
The rearrest offense was a felony for
about 75% of the 4,163 rearrested sex
offenders. By comparison. 84% of the
179.391 rearrested non-sex offenders
were charged by police with a felony.
Reconviction for a new sex crime
Of the 9.691 released sex offenders.
3.5% (339 of the 9.691) were recon-
victed for a sex crime within the 3-year
followup period.
Reconviction for any type of crime
Of Ihe 9.691 released sex offenders.
24% (2.326 of the 9.691) were recon-
victed for a new offense. The reconvic-
tion offense included all types of
crimes.
Returned to prison for any reason
Within 3 years following their release,
38.6% (3.741) of the 9,691 released
sex offenders were returned to prison.
They were returned either because
they received another prison sentence
for a new crime, or because of a
technical violation of their parole. such
as failing a drug test. missing an
appointment with their parole officer. or
being arrested for another crime.
2 Recidivism of Sex Offenders Released from Prison in 1994
Definitions
Imprisonment offense The 9.691
prisoners were men released from
State prisons in 1994 after serving
some portion of the sentence they
received for committing a sex crime.
The sex crime they committed is
referred to throughout the report as
their "imprisonment offense. ~ Their
imprisonment offense should not be
confused with any new offense they
may have committed after release.
Sex offender The 9.691 released men
were all violent sex offenders. They are
called "violent" because the crimes
they were imprisoned for are widely
defined in State statutes as "violent"
sex offenses. "Violent" means the
offender used or threatened force in
the commission of the crime or. while
not actually using force. the offender
did not have the victim's "factual" or
"legal" consent. Factual consent means
that. for physical reasons. the victim did
not give consent, such as when the
offender had intercourse with a
sedated hospital patient or with a
woman who had fallen unconscious
from excessive drug taking. "Legal"
consent means that the victim willingly
participated but, in the eyes of the law.
the victim was not old enough or not
sufficiently mentally capable (perhaps
due to mental illness or mental retarda-
tion) to give his or her "legal" consent.
State statutes give many different
names to violent sex offenses: "forcible
rape," "statutory rape." "object rape."
"sexual assaull:' "sexual abuse." "forci-
ble sodomy." "sexual misconduct."
"criminal sexual conduct." "lascivious
conduct:' "carnal abuse." "sexual
contact." "unlawful sexual intercourse:'
"sexual battery: "unlawful sexual activ-
ity." "lewd act with minor." "indecent
liberties with a child." "carnal knowl-
edge of a child:' "incest with a minor."
and "child molesting."
"Violent" sex offenses are distinguished
from "nonviolent" sex offenses and
from "commercialized sex offenses."
Nonviolent sex offenses include morals
and decency offenses (for example.
indecent exposure and peeping tom).
bestiality and other unnatural acls.
adultery. incest between adults, and
bigamy. Commercialized sexual
offenses include prostitution. pimping.
and pornography. As used throughout
this report. the terms "sex crimes" and
"sex offenders" refer exclusively to
violent sex offenses.
Each of the 9,691 sex offenders in this
report is classified as either a rapist or
a sexual assaulter. Classification was
based on information about the impris-
onment offense contained in prison
records supplied for each sex offender
released from prison in 1994. Also
based on imprisonment offense infor-
mation, an inmate could be categorized
as a child molester and/or a statutory
rapist. Classification to either of these
two categories is in addition to, not
separate from. classification as a rapist
or sexual assaulter. For example. of
the 3.115 sex offenders classified as
rapists, 338 were child molesters. Or.
to put it another way, the imprisonment
offense for 338 of the 4,295 child
molesters identified in this report was
rape. Similarly, 3.957 of the 4.295 child
molesters were also sexual assaulters.
Sexual
Total Rapists assaulters
Child
molesters 4.295 338 3.957
Statutory
rapists 443 21 422
The report gives statistics for all sex
offenders and each of the four types -
rapists. sexual assaulters. child moles-
ters, and statutory rapists. (See
Methodology on page 37 for details on
how sex offenders were separated into
categories.)
Rapist "Violent sex crimes" are
separated into two categories: "rape"
(short for "forcible rape") and .other
sexual assault." As used throughout
this report the term "rapist" refers to a
released sex offender whose imprison-
ment offense was defined by State law
as forcible intercourse (vaginal. anal. or
oral) with a female or male. Rape
includes "forcible sodomy' and
"penetration with a foreign object."
Rape excludes statutory rape or any
other nonforcible sexual act with a
minor or with someone unable to give
legal or factual consent. As used
throughout this report. "rape" always
means "forcible rape." "Statutory rape"
is not a type of forcible rape.
A total of 3.115 sex offenders are
identified in the report as released
rapists - about a third (32%) of the
9.691 released sex offenders.
However. enough information to clearly
distinguish rapists from other sexual
assaulters was not always available in
the prison records used to categorize
sex offenders into different types.
Consequently, the number of rapists
among the 9.691 waS almost certainly
greater than 3.115; how much greater
is unknown.
An obstacle to identifying rapists from
penal code information is that the label
"rape" is not used in about half the 50
States. However, released sex offend-
ers whose imprisonment offense was
rape could still be identified. To illus-
trate, in one State. the term criminal
sexual conduct refers to all types of sex
crimes. The statutory language was
consulted to determine if an offender's
imprisonment offense involved "inter-
course" that was "forcible:' in accor-
dance with the definition of rape used
in this report. If the offense was not
found to involve intercourse (or
penetralion). then the inmate was not
classified as a rapist. The same was
true of force; if the statutory language
did not include a reference to force (or
coercion). the offense was not catego-
rized as rape.
Sexual assaulter By definition in the
report. all sex offenders are either
"rapists" or "sexual assaulters." Sex
offenders whose imprisonment offense
could not be positively identified as
"rape" were placed in the "sexual
assault' category. To the extent that
rapists were reliably distinguished from
sexual assaulters. "sexual assaulters"
identified in this report were released
sex offenders whose imprisonment
Recidivism 01 Sex Offenders Released lrom Pnson In 1994 3
offense was "sexual assault," defined
as one of the following:
1. forcible sexual acts. not amounting
to intercourse. with a victim of any age.
2, nonforcible sexual acts with a minor
(such as statutory rape or incest with a
minor or fondling). or
3. nonforcible sexual acts with
someone unable to give legal or factual
consent because of mental or physical
reasons (for example. a mentally ill or
retarded person or a sedated hospital
patient).
A total of 6.576 sex offenders are
identified in this report as released
sexual assaulters. The 6.576 sexual
assaulters made up about two-thirds
(68%) of the 9,691 released sex
offenders,
Child molester Many of the 9.691 sex
offenders were released prisoners
whose imprisonment offense was the
rape or sexual assault of a child.
Throughout the report. released sex
offenders whose forcible or nonforcible
sex crime was against a child are
referred to as "child molesters." The
sex crime did not have to involve inter-
course to fit the definition of child
molestation.
Of the 9.691 sex offenders. 4.295 were
identified as child molesters based on
prison records made available for the
study. However. because complete
information was not always supplied.
not every child molester could be
identified. Of the 9,691 released sex
offenders. undoubtedly more than
4.295 were child molesters. but 4,295
represent all who could be identified
from the information available. One
reason child molesters were not easily
identified from penal code information
is that most States do not use the term
"child molester" in their penal code.
Nevertheless, all States have laws
against sexual activity with children,
which does facilitate identification. As a
result of the uncertainty regarding the
number of child molesters among the
9.691 sex offenders. the study cannot
say what percentage of the victims of
the 9,691 sex offenders' offenses were
children. and what percentage were
adults.
In short. the 4,295 released child
molesters in this report were men
who-
a. had forcible intercourse
with a child or
b. committed "statutory rape"
(meaning nonforcible intercourse
with a child) or
c. with or without force, engaged in
any other type of sexual contact
with a child.
Of the 4.295, at least 338 (about 8%)
had forcible intercourse. and at least
443 (10%) committed statutory rape.
Statutory rapist State laws define
various circumstances in which inter-
course between consenting partners is
illegal: for example, when one of the
partners is married or when the two are
blood relatives or when one is a "child."
Laws that criminalize consensual inter-
course based solely on the marital
status of the partners are called
"adultery laws." Those that criminalize
it based solely on blood relationship
are "incest laws." Laws that prohibit
consensual sexual inlercourse based
solely on the ages of the partners are
called "statutory rape laws."
Statutory rape pertains exclusively to
consensual intercourse. as opposed
to other types of sexual contact with a
child. such as forcible intercourse.
forcible fondling. or consensual
fondling. Statutory rape is one specific
form of what this study calls "child
molestation." The child victim of statu-
tory rape can be male or female. and
the offender can be male or female.
The offender can be almost any
relative ("statutory rape" includes incest
with a child). an unrelated person well
known to the child (such as a school
teacher. neighbor. or minister).
someone the child hardly knows. or a
stranger.
Statutory rape laws define a "child" as a
person who is below the "age of
4 Recidivism of Sex Offenders Released from Prison in 1994
consent," meaning below the minimum
age at which a person can legally
consent to having intercourse. Age of
consent in the 50 States ranges from
14 to 18. Most States set age of
consent at 16. In those States. consen-
sual intercourse with someone age 16
or older is usually not a criminal
offense, but intercourse with someone
below 16 generally is. However, all
States make exceptions to their age
rules. Consequently. consensual inter-
course with children below the age of
consent is not always a crime. and
consensual intercourse with children
who are old enough to give consent is
not always legally permissible.
Exceptions for children below age of
consent Certain statutory exceptions
exist to legal prohibitions against
nonforcible intercourse with children
who are below the age of consent.
One way exceptions are made in
statutes is by specifying the minimum
age the offender must be (for example,
at least age 18. at least age 20) for
intercourse to be unlawful. Persons
below this minimum age generally
cannot be prosecuted. Another
common way exceptions are made
(virtually every State has these provi-
sions in its laws) is by specifying how
much older than the victim the perpe-
trator must be for criminal prosecution
to occur. For example. by law in one
State where age of consent is 16. no
prosecution can occur unless the age
difference is at least 3 years. In that
State it is legal for a 17-year-old to
have consensual intercourse with a
15-year-old. even though 15 is below
the age of consent; but the same act
with a 15-year-old IS illegal when the
other is 18. That is because the
17-year-old is not 3 years older than
the 15-year-old. whereas the 18-year-
old is. The aim of such exceptions is to
distinguish teen behavior from exploita-
tive relationships between adults and
children. Another exception is consen-
sual intercourse between husband and
wife; no prosecution can occur if one
spouse is below the age of consent.
Exceptions for children old enough to
give consent Certain adults can be
prosecuted for having consensual
intercourse with a child who has
reached the age of consent. For
example. in one State it is a third
degree felony for a psychotherapist to
have intercourse with a 17-year-old
client even though 17 is over the
minimum age of consent in that State.
In another State. where an adult gener-
ally cannot be prosecuted for having
consensual intercourse with a 16-year-
old. an exception is made when the
adult is the child's school teacher. In
that case the teacher can be prose-
cuted for a "class A" misdemeanor.
Exceptions are made for other profes-
sions as well (clergy. for example).
In this report. 443 of the 9.691 released
sex offenders are identified as statutory
rapists based on information supplied
by the prisons that released them.
There were more than 443 statutory
rapists among the 9.691 released male
sex offenders, but the 443 are all that
could be positively identified with the
limited information available. One
reason statutory rapists are not easily
identified from penal code information
available on the released sex offenders
is that most States do not use the term
"statutory rape" in their laws.
First release Though all 9,691 sex
offenders in the study were released in
1994, for a fourth of the offenders 1994
was not the first year of release since
receiving their prison sentence. This
group had previously served a portion
of the sentence and were released,
then violated parole and were returned
to prison 10 continue serving time still
left on that sentence. For the remaining
75% of sex offenders released. the
1994 release was their "first release."
meaning their first discharge from
prison since being convicted and
sentenced to prison.
"First release" should not be confused
with first ever release from a prison.
"First release" pertains solely to the
sentence for the imprisonment offense
(as defined above). It does not pertain
to any earlier prison sentences offend-
ers may have served for some other
offense.
Attention is drawn to first releases
because certain slatistics in the report
- for example. "average time served,"
.percent of sentence served." "child
molester's age when he committed the
sex crime for which he was
imprisoned" - could only be computed
for those prisoners classified as first
releases. For such statistics. date first
admitted to prison for their imprison-
ment offense was needed. Since
prison records made available for the
study only provided this admission date
on first releases. first releases neces-
sarily formed the basis for the
statistics.
Prior arrest Statistics on prior arrests
were calculated using arrest dates
from the official criminal records of the
9.691 released sex offenders. Only
dates of arrest were counted. not the
number of arrest charges associated
with that arrest date. To illustrate. one
man was arrested on March 5, 1970.
and that one arrest resulted in 3
separate arrest charges being filed
against him. In this sludy. that March 5
arrest is considered one prior arrest.
Prior arrests were measured two differ-
ent ways in this report. The first way
did not include the imprisonment
offense for which the sex offender was
in prison in 1994. Prior arrest statistics
that did not include the imprisonment
offense are found in sections of the
report that describe the criminal
records of the 9.691 sex offenders at
the time of release from prison. In this
case. any arrest that had occurred on a
date prior to the sex offender's arrest
for his imprisonment offense was
considered a prior arrest. For example,
one released sex offender was found
to have four different dates of arrest
prior to the date of arrest for his impris-
onment offense. Those four arrests
resulted in 17 different charges being
brought against him. When describing
this released prisoner's criminal record,
he is considered to have four prior
arrests.
The second way of measuring prior
arrests did include the imprisonment
offense of the released sex offender.
Prior arrest statistics that did include
the imprisonment offense are found in
sections of the report that describe the
recidivism rates of the 9,691 sex
offenders following their release from
prison. In this case, any arrest that had
occurred on a date prior to the sex
offender's release from prison was
considered a prior arrest. By definition.
all 9,691 sex offenders had at least one
arrest prior to their release, which was
the sex crime arrest responsible for
their being in prison in 1994. This
means that the sex offender who was
arrested on four different dates prior to
the arrest for his imprisonment offense
under the first definition of prior arrest
was. under this second definition.
classified as having five prior arrests,
once his imprisonment offense is
included.
Thirteen tables in the report provide
statistics on prior arrests (and. in 2 of
the 13. prior convictions and prior
imprisonments). In tables 15. 16. 17,
18.27.28.29.30.31.36, and 37,
"prior arrests" includes the sex crime
arrest for the imprisonment offense;
these tables have the heading "prior to
1994 release." In tables 5 and 6. "prior
arrests" excludes that arrest; these
tables have the heading "prior to the
sex crime for which imprisoned."
In all tables. the same counting rule
was used'. arrest dates. not arrest
charges. were counted to obtain the
number of prior arrests.
Rearrest Unless stated otherwise. this
recidivism measure is defined as the
number or percentage of released
prisoners who. within the first three
years following their 1994 release,
were arrested either in the same State
that released them (in thiS report those
arrests are called "in-State" arrests) or
in a different State (those arrests are
Recidivism of Sex Offenders Released from Prison in 1994 5
referred to as 'out-of-State" arrests).
Data on arrests came from State RAP
sheets and FBI RAP sheets. RAP
sheets (Records of Arrest and Prose-
cution) are law enforcement records
intended to document a person's entire
adult criminal history, including every
arrest, prosecution and adjudication for
a felony or serious misdemeanor
offense. Arrests, prosecutions and
adjudications for minor traffic offenses.
public drunkenness. and other petty
crimes are not as fully recorded as
those for serious crimes. The "percent
rearrested" is calculated by dividing the
number rearrested by the number
released from prison in 1994.
All measures of recidivism based on
criminal records are subject to two
types of errors. Type 1 errors arise
when the arrest or the conviction in the
released prisoner's record is for a
crime that person did not commit.
Type 2 errors arise when the released
prisoner commits a crime but he is not
arrested for it. or. even if he is. the
arresl does not result in his conviction.
Some amount of type 1 and type 2
error is inevitable. however recidivism
is measured. But that does not mean
that all recidivism measures are equally
suitable, no matter the purpose they
are intended to serve. The main
purpose of this recidivism study was to
document the percentage of sex
offenders who continued their involve-
ment in various types of crime after
their release from prison in 1994. The
more suitable measure for that is the
one with the fewest type 2 errors: the
one. in other words, less prone to
saying someone is not committing
crimes when he actually is. Between
rearrest and reconviction as the recidi-
vism measure. the one less likely to
make that type of error is rearrest.
One reason is that the rigorous
standard used to convict someone -
"proof beyond a reasonable doubt"-
makes it certain that guilty persons will
sometimes go free. Another reason is
record keeping: the justice system
does better at recording arrests than
convictions in RAP sheets. For such
reasons. this study uses rearrest more
often than reconviction as the measure
of recidivism,
Rearrest forms a conservative meas-
ure of reoffending because many
crimes do not result in arrest. Not all
types of crime are alike in this regard.
Crimes committed in nonpublic places
(such as in the victim's home) by one
family member against another (such
as by the husband against his wife, or
by the father against his own child) are
a type that is less likely than many
other types to be reported to police
and, consequently. less likely to result
in arrest. Sex crimes. particularly those
against children. are a specific
example of this type. While some sex
offenders in this study probably com-
mitted a new sex crime after their
release and were not arrested or con-
victed, the study cannot say how many.
As mentioned above. one reason why
sex offenders are not arrested is that
no one calls the police. Results from
the National Crime Victimization Survey
indicate that Ihe offenses of
rape/sexual assault are the least likely
crimes to be reported to the police.
(See Reporting Crime to the Police,
1993-2000, March 2003, <http://www.
ojp. usdoj/bjs/abstracVrcpOO. htm>.)
Reconviction Except where stated
otherwise. this recidivism measure
pertains to State and Federal convic-
tions in any State (not just convictions
in the State that released them) in the
three years following release. Informa-
tion on convictions came from State
and FBI RAP sheets. RAP sheets are
intended to document every conviction
for a felony or serious misdemeanor.
but not every conviction for a minor
offense. "Percent reconvicted" is calcu-
lated by dividing the number recon-
victed by the number released from
prison in 1994. (It is not calculated by
dividing the number reconvicted by the
number rearrested.)
6 ReCidivism of Sex Offenders Released from Prison In 1994
Return to prison Two recidivism
measures are returned to prison -
with a new sentence
with or without a new sentence.
Recidivism defined as Returned to
prison with a new sentence pertains
exclusively to sex offenders who. within
3 years following release, were recon-
victed for any new crime in any State
following their release and received a
new prison sentence for the new crime.
Recidivism defined as Returned to
prison with or without a new sentence
includes resentenced offenders plus
any who were returned to prison within
3 years because they had violated a
technical condition of their release.
Technical violations include things such
as failing a drug test, missing an
appointment with their parole officer. or
being arrested for a new crime. Offend-
ers returning to prison for such viola-
tions are sometimes referred to as
"technical violators."
Prisons should not be confused with
Jails. A prison is a State or Federal
correctional facility reserved for
convicted persons with relatively long
sentences (generally over a year).
A jail is a local correctional faCility for
convicted persons with short sentences
or for persons awaiting trial. Returns to
prison refer to any prison. not neces-
sarily the same prison that released the
offender in 1994.
The "percent returned to prison with a
new sentence" is calculated by dividing
the number returned to prison with a
new sentence by the number released
from prison in 1994. The "percent
returned to prison with or without a new
sentence" is calculated by dividing the
number returned to prison with or
without a new sentence by the number
released from prison in 1994.
Data on returns with a new sentence
are based on State and FBI RAP
sheets. Data on returns with or without
a new sentence are based on State
and FBI RAP sheets plus prison
records.
Demographic characteristics
All sex offenders
Of the 9,691 released sex offenders.
approximately -
. 6,503 (67.1 % of the 9,691) were
white males (table 1)
. 3,053 (31.5%) were black males
. 136 (1.4%) were males of other races
(Asian, Pacific Islander. American
Indian. and Alaska Native).
The vast majority of sex offenders
were non-Hispanic males (80.1%).
Half were over the age of 35 when
released.
Rapists and sexuat assaulters
As defined in this report. ail sex offend-
ers are either "rapists" or "sexual
assaulters." Of the 9.691 released sex
offenders. 3.115 were rapists and the
remaining 6.576 were sexual
assaulters.
Of the 3.115 rapists. 1.735 (55.7% of
3,115) were white males and 1,327
(42.6%) were black males. Of the
6,576 sexual assaulters. 4.768 (72.5%
of 6.576) were while males and 1.723
(26.2%) were black males.
Rapists and sexual assaulters were
close in age at time of release: over
70% were age 30 or older. Median age
at time of release was about 35 years
for both rapists and sexual assaulters.
Table 1. Demographic characteristics ofsex offenders released
from prison in 1994, by type of sex offender
Percent of released prisoners
Prisoner Sexual
characteristic All Rapists assaulters
Total 100% 100% 100%
Race
White 67.1% 55.7% 725%
Black 31.5 42.6 262
Other 14 1.7 1.3
Hispanic origin
Hispanic 19.9% 22.6% 18.9%
Non-Hispanic 80.1 77.4 81.'
Age at release
18.24' 122% 10.6% 13.0%
25.29 16.4 173 160
30-34 200 22.4 18.8
35-39 19.1 20.9 183
40-44 13.3 13.3 13.3
45 or older 19.0 15.5 20.6
Age at release
Average 36.8 yrs 36.1 yrs 31.1 yrs
Median 353 34.9 35.5
Total released 9.691 3.t 15 6,576
Note: The 9.691 sex offenders were released in 15 Stales. Data identifying
race were reported for 98.5% of 9.691 released sex offenders; Hispanic
origin for 82.5%; age for virtually 100%.
"Age al release 18-24 includes the few who were under age 18
when released from prison in 1994.
Recidivism of Sex Offenders Released from Prison in 1994 7
CIJi/d moleslers and slalulory rapisls
Some of the 9.691 sex offenders were
men whose imprisonment offense was
a sex offense against a child. Precisely
how many is unknown. In this report.
the 4.295 who could be identified are
called "child molesters" (table 2). The
4,295 identified child molesters
included some (443 out of the 4.295)
whose specific sex offense against a
child was non-forcible intercourse.
These 443 are called "statutory
rapists." There were more than 443
among the 4.295, but 443 were all that
could be identified from the limited
information obtained for the study.
Both the 4.295 child molesters and the
443 statutory rapists were predomi-
nantly non-Hispanic white males.
Nearly three-fourths of the child moles-
ters (73.2%) were age 30 or older. Just
over half the statutory rapists (54%)
were 30 or older at the time they were
released from prison.
Among the released child molesters
there were 3.333 white men (77.6% of
4,295) and 889 black men (20.7%).
The 443 statutory rapists included 324
white men (73.2% of 443) and 110
black men (24.8%).
Table 2. Demographic characteristics of child molesters and statutory rapists
released from prison in 1994
Percent of released
~5oners
Prisoner Child Statutory
characteristic molesters rapists
Total 100% 100%
Race
While 77.6% 73.2%
Black 20.7 24.8
Other 1.7 2.0
Hispanic origin
Hispanic 23.5% 15.9%
Non-Hispanic 76.5 84.1
Age at release
18-24' 11.4% 24.8%
25-29 15.4 212
30-34 t7.7 14.7
35-39 186 149
40-44 14.3 10.2
45 or older 22.6 14.2
Age at release
Average 37.8 yrs 33.6 yrs
Median 36.5 31.0
Total released 4.295 443
Note: The 4,295 child molesters were released in 15 Stales;
the 443 statutory rapists in 11 Slates. Because of overlapping definitions,
all statutory rapists also appear under the column "child molesters."
Data identifying race were reported for 99.5% of 4,295 released child
molesters; Hispanic origin for 67.6%; and age for 100%.
. Age at release 18-24 includes fhe few who were under age 18
when released from prison in 1994.
8 Recidivism of Sex Offenders Released from Prison in 1994
_."_._.._~._..~_.~..._-
or-
Sentence length and time served
All sex offenders
All 9.691 sex offenders selected to be
in this study had a prison sentence
greater than 1 year. The shortest terms
were a day over 1 year; the longest
were life sentences. The fact that sex
offenders with a life sentence (18
offenders in the study) were among the
9,691 released in 1994 should not be
surprising because only rarely do life
sentences in the United States literally
mean imprisonment for the remainder
of a person's life. Most felons receiving
a life sentence are eventually paroled
(unpublished tabulation of data from
the 1997 BJS Survey of Inmates in
State Correctional Facilities).
On average. a sex offender released
from prison in 1994 had an 8-year term
and served 3Y> years of that sentence
(45%) before being released (table 3).
Half of the released sex offenders had
a sentence length of 6 years or less.
Half had served no more than a third of
their sentence before being released.
When released. the majonty (54.5%)
had more than 3 years of their
sentence remaining to be served.
Rapists and sexual assaulters
Rape always involves forcible inter-
course. whereas sexual assault (as the
term is used here) never does.
although it can involve other types of
forcible sexual assault. Because forci-
ble intercourse is considered to be a
more serious offense than other forms
of forcible sexual assault. penalties for
rape are generally more severe than
those for sexual assault.
Consistent with the more serious
nature of rape-
. on average a released rapist had a
longer sentence Oust over 11 years)
than a sexual assaulter Oust under 7
years)
. on average a rapist spent more time
in confinement before being released
(5'" years) than a sexual assaulter
(just under 3 years)
. median sentence length was longer
for rapists (half of the rapists had a
sentence of 9 years or more, while half
of the sexual assaulters had a
sentence of 5)1, years or more)
. 39.2% of the 3.115 rapists were in
prison for over 5 years prior to release.
while 12.5% of the 6.576 sexual
assaulters served 61 months or more
. rapists served 49% of their sentence
before being released. compared to
43% for sexual assaulters.
Depending on the length of Iheir
sentence and the amount of time they
had served before being released,
some of the released sex offenders
would have been on parole (or some
other type of conditional release)
throughout the full 3 years they were
tracked in this study. For example.
when released, 63.3% of rapists had
more than 3 years left to serve on their
sentence. In their case, any new
crimes they committed during this
3-year followup period were offenses
committed while still on parole. By
comparison. just over half of released
sexual assaulters had more than 3
years left to serve.
Table 3. Sentence length and time served for sex offenders released
from prison in 1994, by type of sex offender
Sexual
Characteristic All Rapists assaulters
Sentence length (in months)
Mean 97.3 mo 134.0 mo 82.5 mo
Median 72.0 1060 66.0
Time served (in months)
Mean 42.3 mo 62.6 mo 34.1 mo
Median 32.3 46.2 26.5
Percent of sentence served 44.9% 49.3% 43.1%
Upon release In 1994. percent
who had served -
6 months or less 4.5% 3.1% 5.0%
7.12 9.5 30 12.1
13.t6 16.5 10.5 190
19.24 9.7 5.1 11.5
25.30 6.1 6.1 8.9
31.36 9.9 6.0 10.7
37.60 21.6 24.9 20.2
61 months or more 20.2 39.2 12.5
Upon release In 1994, percent with
time still remaining to be served
6 months or less 2.8% 2.4% 2.9%
7.12 5.0 5.7 4.7
13.16 6.4 6.2 9.2
19.24 12.6 9.3 14.2
25.30 61 6.2 66
31.36 65 6.9 91
37.60 25.1 22.6 26.0
51 months or more 29.4 40.5 24.9
Total first releases 6.470 1.659 5.860
Note: The 6,470 sex offenders were released in 13 Stales. Figures are based on first releases
only. First releases include only those offenders leaving prison for the first lime since beginnmg
their sentence. First releases exclude those who left prison in 1994 but who had previously been
released under the same sentence and had returned 10 prison for violating the conditions of
release.
Recidivism o( Sex Offenders Released from Prison in 1994 9
Child molesters and sexual assaulters
On average, child molesters were
released after serving nearly 3 years
(337 months) of their nearly 7-year
sentence (81.1 months) (table 4).
Statutory rapists were released after
serving a little over 2 years of their
approximately 4-year sentence. Upon
release. almosl half of the child moles-
ters still had at least 3 years of their
sentence remaining to be served,
compared to 15% of statutory rapists.
Table 4. Sentence length and time served for child molesters
and statutory rapists released from prison in 1994
Child Statutory
Characteristic molesters rapists
Sentence length (in months)
Mean 81.1 mo 49.5 mo
Median 66.0 36.0
Time served (in months)
Mean 33 7 mo 27.6 mo
Median 25.8 19.4
Percent of sentence served 43.3% 52.8%
Upon release in 1994, percent
who had served -
6 months or less 57% 96%
7-12 12.6 20.4
13-18 20.8 182
19-24 10.1 14.3
25-30 7.2 86
31-36 11.2 7.0
37-60 19.7 13.4
61 months or more 12.8 8.6
Upon release in 1994, percent with
time still remaining to be served
6 months or less 2.5% 10.8%
7-12 5.4 17.4
t3-18 102 26.9
19-24 16.1 131
25-30 7.9 85
31-36 89 8.5
37-60 249 9.2
61 months or more 24.t 5.6
Total first releases 3.104 317
Note: The 3.104 child molesters were released in 13 States; the 317 statutory rapists in 10
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters." Figures are based on first releases only. Firsl releases include only those
offenders leaving prison for the first time since beginning Iheir sentence. First releases exclude
those who len prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.
10 Recidivism of Sex Offenders Released from Prison in 1994
Prior criminal record
All sex offenders
Arrests and convictions for minor traffic
offenses, public drunkenness. and
other petty crimes are often not
entered into official criminal records.
Since official records formed the basis
for this study's statistics on arrests and
convictions. these statistics understate
levels of contact with the justice
system. Statistics shown throughout
this report on arrests and convictions
pertain mostly to arrests and convic-
tions for felonies and serious
misdemeanors.
Statistics on prior arrests in this section
of the report do not include the impris-
onment offense for which the sex
offender was in prison in 1994.
At the time the 9.691 male sex offend-
ers were arrested for the sex crime that
resulted in their imprisonment-
. 78.5% (7,607 of the 9.691 men) had
been arrested at least one earlier time
(table 5)
. half had 3 or more prior arrests
for some type of crime
. 58.4% (5.660 men) had at least one
prior criminal conviction
. 13,9% (1.347 men) had a prior
conviction for a violent sex offense
.4.6% (446 men) had been convicted
for a sex crime against a child
. nearly a quarter had served time in a
State or Federal prison at least once
before for some type of crime.
All 9.691 were in prison in 1994
because they had been arrested and
convicted for a sex offense. For 71.5%
of the 9,691 men (6.929). that arrest
was their first ever for a violent sex
crime. In other words, these 6.929 men
had no previous arrest for a sex
offense. For the remaining 28.5%
(2,762 men). that arrest was not their
first sex offense arrest. Some had
been arrested once before for a sex
crime and some two or more times
before.
To illustrate. one of the 9,691 sex
offenders in this study had his first
arrest for a sex crime in 1966. when he
was age 19; he was also arrested for
sex crimes in the 1970's and 1980's. in
three different States. The arrest for his
imprisonment offense was in 1982. In
the early part of 1983. 4 months after
his arrest. he was convicted of sexual
assault and began serving a 25-year
prison term. Eleven years later. in 1994
at age 47. he was released.
For 75% of the 9,691 sex offenders.
their 1994 release represents their first
release since being sentenced for their
sex offense. The remaining 25% had
previously served time under the same
sentence. had been released, had
violated one or more conditions of their
parole and. consequently. were
returned to prison 10 continue serving
time still remaining on their sentence.
Table 5. Prior criminal record of sex offenders released from prison in 1994,
by type of sex offender
Sexual
Prior to the sex crime for which imprisoned All Rapists assaulters
Percent with at least 1 prior arrest for - .
Any crime 78.5% 83.1% 76.3%
Any sex offensp. 28.5 287 284
Sex offense against a chUd 10.3 5.7 12.5
Prior arrests for any crime-
Mean 4.5 50 4.2
Median 3 3 2
Percent with at least 1 prior conviction for - .
Any crime 58.4% 62.9% 562%
Any sex offense 139 14.6 13.5
Sex offense against a child 4.6 3.4 5.2
Prior convictions for any crime-
Mean 1.8 2.0 1.7
Median 1 1 1
Percent with prior prison sentence for any crime" 23.7% 28% 21.6%
Percent who were first releasesb 74.9% 66.9% 78.7%
Total released 9.691 3,115 6,576
Note: The 9.691 sex offenders were released in 15 States.
'''Prior'' does not include the arrest. conviction, or prison sentence that was the reason
the sex offenders were in prison in 1994. Persons with no prior arrest or prior convictions
were coded zero and were included in the calculations of mean and median priors. Calculation
of prior convictions excluded Ohio, and calculation of prior prison sentences exduded Ohio and
Virginia,
bOata on first releases are based on releases from 13 States. First releases include only those
offenders leaving prison (or the first time since beginning their senlence. First releases exclude
those who len prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.
Recidivism of Sex Otfenders Released from Prison in 1994 11
Sex offenders compared 10
non-sex offenders
A total of 262,420 non-sex offenders
were released from State prisons in
1994 in the 15 States. Of the 262,420
non-sex offenders. 94% had at least 1
prior arrest and 82% had at least 1
prior conviction (not in a table). Overall,
the 9,691 sex offenders had a shorter
criminal history than the 262,420
non-sex offenders. Before the arrest
that resulted in their prison sentence.
sex offenders had been arrested 4.5
times. on average. This prior arrest
record was about half that of non-sex
offenders (8.9 prior arrests). In
addition, among the 1994 prison
releases. 23.7% of the sex offenders
(2.297), compared to 44.3% of non-sex
offenders (116.252). had served prior
prison sentences.
Sex offenders were more likely to have
been arrested (28.5%) or convicted
(13.9%) for a sexual offense than
non-sex offenders (6.5% with a prior
arrest for a sex crime; 0.2% with a prior
conviction for a sex crime). The same
is true for child molesting - about 1
in 10 sex offenders had a prior arrest
for a sex offense against a child,
compared to about 1 in 100 non-sex
offenders.
Rapists and sexual assaul/ers
For approximately 71% of the 3.115
rapists, the arrest for rape that resulted
in their imprisonment was their first for
a sex crime. The remaining 29% had
one or more prior sex crime arrests.
Likewise. for sexual assaulters, the
sexual assault arrest that led to their
imprisonment was the first arrest for a
sex crime for 72% of the 6.576 sexual
assaulters. The remaining 28% had
been arrested at leasl once before for
some type of sex crime.
Table 6. Prior criminal record of child molesters and statutory rapists
released from prison in 1994
Child Statutory
Prior 10 the sex crime for which imprisoned molesters rapists
Percent with at least 1 prior arrest for -'
Any crime 76.8% 80.6%
Any sex offense 29.0 38.4
Sex offense against a child 163 19.6
Prior arrests for any crime'
Mean 4.1 4.8
Median 2 3
Percent with at least 1 prior conviction for - .
Any crime 546% 646%
Any sex offense 11.9 21.2
Sex offense against a child 7.3 11.5
Prior convictions for any crime"
Mean 1.6 2.2
Median 1 1
Percent with prior prison sentence for any crime" 19.3% 23.4%
Percent who were first releasesb 74.5% 73.7%
Total released 4.295 443
Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists
in 11 States. Because of overlapping definitions, all statutory rapists also appear
under the column "child molesters."
a"Prior" does not include the arrest, conviction, or prison sentence that was the reason the sex
offenders were in prison in 1994, Persons with no prior arrest or prior convictions
were coded zero and were included in the calculations of mean and median priors. Calculation
of prior convictions excluded Ohio, and calculation of prior prison sentences excluded Ohio and
Virginia.
bOata on first releases are based on releases from 13 States. First releases include only those
offenders leaving prison for the first lul1e since beginning their sentence. First releases exclude
those who left prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.
Child molesters and sexual assaullers
Among those with three or more priors
was a man whose first arrest for child
molesting was in 1966. when he was
age 20. When released in 1994. he
was serving an 11-year sentence for
molesting a child under age 14. The
prior criminal record of this serial
pedophile spanned three decades. with
arrests for child molesting in the
1970'5. the 1980's, and the 1990's.
The 4,295 child molesters had at least
1 arrest for child molesting (the arrest
that led to their imprisonment). For
3,509 (81.7%) of them. that arrest was
their first ever arrest for child molesting
(table 6). For the other 786 men
(18.3% of the 4.295). that was not their
first Some had one prior arrest for a
sex offense against a child. some had
two, and others had three or more.
12 Recidivism 01 Sex Offenders Released lrom Prison in 1994
Four measures of recidivism
This section measures recidivism four
ways:
. percent rearrested for any type of
crime
. percent reconvicted for any type of
crime
. percent returned to prison with a new
prison sentence for any type of crime
. percent returned to prison with or
without a new prison sentence.
'Percent rearrested" is calculated by
dividing "the number rearrested" by
"the number released from prison in
1994."
"Percent reconvicted" is obtained by
dividing "the number reconvicted" by
"the number released from prison in
1994." (It is not calculated by dividing
"the number reconvicted" by "the
number rearrested. ")
"Percent returned to prison with a new
sentence" is calculated by dividing "the
number returned to prison with a new
sentence" by "the number released
from prison in 1994." (It is not calcu-
lated by dividing "the number returned
to prison with a new sentence" by "the
number reconvicted.")
Except where stated otherwise, all four
recidivism measures -
. refer to the ful/ 3-year period fol/ow-
ing the prisoner's release in 1994
. include both "in-State" and "out-of-
State" recidivism.
"In-State" recidivism refers to new
offenses committed within the State
that released the prisoner in 1994.
"Out-of-State" recidivism is any new
offenses in States other than the one
that released him in 1994.
Not aI/ 4 of the recidivism measures
are based on data from 15 States -
. "Percent rearrested" is based on 15
States
. "Percent reconvicted" is based
on 14 of the 15 States participating
in the study
. "Percent returned to prison with a
new sentence" is based on 13 of
the 15 States
. "Percent returned to prison with or
without a new sentence" is based
on 9 of the 15.
Three of the four recidivism measures
were calculated from data on fewer
than 15 Slates because the information
needed to perform the calculations was
not available (or not readily available)
from each of the 15 participating
States. Notes at the bottom of the
tables alert readers to such missing
data.
Four measures
All sex offenders
The 9.691 sex offenders in this study
were aI/ released from prison in 1994.
Within the first 3 years fol/owing their
release -
. 43% (4,163 of the 9,691) were
rearrested for at least 1 new crime
(table 7)
. 24% (2,326 of the 9,691) were
reconvicted for any type of crime
. 11.2% (1.085 of the 9,691) were
returned to prison with another
sentence
. 38.6% (3.741 of the 9,691) were
returned to prison with or without
a new sentence.
For approximately three-fourths of the
4.163 men who were rearrested for
some new crime. their most serious
rearrest offense was a felony; for the
remaining fourth. the most serious was
a misdemeanor (not shown in table).
Of the 4,163 men rearrested for some
new offense, nearly 9 in 10 (87%) were
still on parole when taken into custody
(not shown in table).
Table 7. Recidivism rate of sex offenders released from prison in 1994,
by recidivism measure and type of sex offender
Percent of released prisoners
Sexual
All Rapists assauHers
Recidivism
measure
Within 3 years following release:
Rearrested for any type of crime
Reconvicted for any type of crime"
Returned to prison with a new
sentence for any type of crimeb
Returned to prison with or
without a new sentence~
43,0%
24.0%
11.2%
38.6%
46.0%
27.3%
41.5%
22.4%
12.6%
to.5%
43.6%
36.1%
Tolal released 9,691 3,115 6,576
Note: The 9,691 sex offenders were released in 15 Slates.
-Because of missing data, prisoners released in Ohio were excluded
from the calculation of percent reconvicted.
b"New prison sentence" includes new sentences to Slate or Federal prisons
but not to local jails. Because of missing data, prisoners released in Ohio and Virginia
were excluded from the calculation of percent returned to prison with a new sentence.
~"With or without a new sentence" includes prisoners with new sentences to State or
Federal prisons plus prisoners returned for technical violations. Because of missing data.
prisoners released in 6 States (Arizona, Delaware, Maryland, New Jersey, Ohio. and Virginia)
were excluded from the calculation of percent returned to prison with or withoul a new sentence.
New York Stale custody records did not always distinguish prison returns from jail returns.
Consequently. some persons received in New York jails were probably mistakenly classified
as prison returns. Also, California with a relatively high return-to-prison rate affecls the overall
rate of 38.6%. When California is excluded. the reILJrn-to~prison rale falls to 27.9%.
Recidivism of Sex Offenders Released from Prison In 1994 13
The 2.326 reconvicted for a new crime
consisted of 1,672 (71.9%) whose
most serious conviction offense was a
felony. and 654 (28.1%) whose most
serious offense was a misdemeanor
(not shown in table).
Of the 2.326 reconvicted for any new
crime after their release. 1.085 were
resentenced to prison, and the remain-
ing 1.241 were placed on probation or
ordered to pay a fine or sentenced to
short-term confinement in a local jail.
The 1.241 not resentenced to prison
made up a little over half (53%) of the
total 2.326 reconvicted. One reason
why over half were not resentenced
to prison was that the new conviction
offense for about 650 of the 2,326
newly convicted men (approximately
30%) was a misdemeanor rather than
a felony, and State laws usually do not
permit State prison sentences for
misdemeanors.
Altogether. 3.741 (386%) of the 9,691
released sex offenders were returned
to prison either because of a new
sentence or a technical violation. Of the
3,741.2,656 (71%) were returned for a
technical violation. such as failing a
drug test. missing an appointment with
the parole officer. or being arrested for
another crime; and 1.085 were
returned with a new prison sentence.
The 2,656 consisted of 664 who were
reconvicted but not resentenced to
prison. plus 1,992 not reconvicted.
As previously explained. a total of
1.241 released sex offenders were
reconvicted but not resentenced to
prison for their new crime. The 1,241
included 664 (described immediately
above) who were returned to prison for
a technical violation. The 664 were
54% of the 1.241, indicating that most
of those who were reconvicted but not
given a new prison sentence were.
nevertheless. returned to prison.
Sex offenders compared to
non-sex offenders
The 15 States in this study released
272,111 prisoners altogether in 1994.
The 9,691 released sex offenders
made up 3.6% of that total. The
remaining 262.420 released prisoners
were non-sex offenders. Of the
262,420 non-sex offenders. 68%
(179.391 men and women out of the
262,420) were rearrested for a new
crime within 3 years (not shown in
table). The 43% overall rearrest rate of
the 9.691 released sex offenders
(4,163 out of 9.691) was low by
comparison.
Anolher difference was the rearrest
charge. The rearrest offense was a
felony for about 3 out of 4 (75%) of the
4.163 rearrested sex offenders (not
shown in table). By comparison, about
84% of the 179.391 non-sex offenders
were charged by police with a felony
(not shown in table).
Of the 4,163 sex offenders rearrested
for a new crime, nearly 9 in 10(87%)
were on parole when taken into cus-
tody; of the 179,391 rearrested non-sex
offenders. also about 9 in 10 (85%)
were on parole (not shown in table).
There was a difference in recon-
victions. The reconviction rate for the
9,691 released sex offenders was
24.0%. compared to 47.8% for 262,420
non-sex offenders released in 1994
(not shown in table). The 2.326 sex
offenders reconvicted for any new
crime included 1,672 (71.9%) whose
most serious conviction offense was a
felony (not shown in table). Of the
262,420 non-sex offenders. 125,437
(47.8%) were reconvicted. which
included 94.078 (75.0%) whose most
serious reconviction offense was a
felony (not shown in table)
14 Recidivism of Sex Offenders Released from Prison in 1994
Rapists and sexual assauiters
Within the first 3 years following
release -
. 46.0% of the 3,115 rapists (1,432
men) and 41.5% of the 6.576 sexual
assaullers (2,731 men) were
rearrested for all types of crimes
(table 7)
. 27.3% of the 3,115 rapists (850 men)
were reconvicted, compared to 22.4%
of the 6,576 sexual assaulters (1,473
men) for all types of crimes
. 12.6% of the 3.115 rapists (392 men)
and 10.5% of the 6.576 sexual as-
saulters (690 men) were resentenced
to prison for their reconviction offense
. 43.6% of the 3.115 rapists (1.358
men) and 36.1% of the 6,576 sexual
assaulters (2.374 men) were returned
to prison either because of a new
sentence or because of a technical
violation of their parole.
For approximately three-fourths of the
1,432 rapists who were rearrested for a
new crime. the crime was a felony; for
the remainder. the most serious was a
misdemeanor (not shown in table).
As indicated earlier. 2,731 sexual
as saulters were rearrested for a new
offense after their release. and for
about three-fourths. their most serious
rearrest offense was a felony; for the
remainder, the most serious crime was
a misdemeanor (not shown in table).
The 850 rapists reconvicted for any
new crime included 617 (72.6%) whose
most serious reconviction offense was
a felony; the 1.473 reconvicted sexu,,1
assaullers included 1.052 (71.4%) who
were reconvicted for a felony (not
shown in table).
Child molesters and statutory rapists
Of the child molesters and statutory
rapists released from prison in 1994 -
. 1.693 of the 4.295 child molesters
(39.4%) and 221 of the 443 statutory
rapists (49.9%) were rearrested for a
new crime (not necessarily a new sex
crime) (table 8)
. 876 of the 4.295 child molesters
(20.4%) and 145 of the 443 statutory
rapists (32.7%) were reconvicted for
any type of crime
. 9% of the 4.295 child molesters and
13% of the 443 statutory rapists
were resentenced to prison for their
new conviction offense
. 38% of the 4,295 child molesters and
46% of the 443 statutory rapists were
back in prison within 3 years as a result
of either a new prison sentence or a
technical violation of their parole.
The most serious offense for three-
fourths of the 1.693 child molesters
who were rearrested was a felony. and
a misdemeanor for the remainder (not
shown in table). Following their release
in 1994, 221 statutory rapists were
rearrested for a new crime. The most
serious offense that approximately
Table 8, Recidivism rale of child molesters and statutory rapists
released from prison in 1994, by recidivism measure
Percent of released prisoners
Recidivism Child Statutory
measure molesters rapists
Within 3 years following release:
Rearrested for any type of crime 39.4% 49.9%
Reconvicted for any type of crime- 20.4% 32.7%
Returned to prison with a new
sentence for any type of crimeb 9.1% 13.2%
Returned to prison with or
without a new sentence" 382% 45.7%
T olal released 4,295 443
Note: The 4,295 child molesters were released in 15 Slales: the 443 statutory rapists
in 11 Slales. Because of overlapping definitions, all statutory rapists also appear under the
column "c/lild molesters."
-Because of missing dala, prisoners released in Ohio were excluded from the calculation of
percent reconvicted.
lI"New prison sentence" includes new senlences to State or Federal prisons but not to local jails.
Because of missing data, prisoners released in Ohio and Virginia were excluded from Ihe calcu-
lation of percent returned 10 prison with a new sentence.
<"With or without a (lew sentence" includes prisoners with new sentences to State or Federal
prisons plus prisoners returned for technical violations, Because of missing dala. prisoners
released in 6 Stales (Arizona, Delaware, Maryland, New Jersey, Ohio, and Virginia) were
excluded from the calculation of percent returned to prison with or without a new sentence. New
York Slale custody records did not always distinguish prison returns from jaH returns. Conse-
quently, some persons received in New York jails were probably mistakenly classified as prison
returns. Also, California with a relatively high return-to-prison rate affects the overall rate of
39.4%. When Califomia is excluded, the return-to-prison rate falls 10 23.4%.
three-fourths were charged with was a
felony (not shown in table).
The 876 child molesters reconvicted for
any type of crime included 643 (73.4%)
whose most serious reconviction
offense was a felony; the 145 recon-
victed statutory rapists included 97
(66.7%) whose most serious was a
felony (not shown in table).
Recidivism of Sex Offenders Released from Pnson in 1994 15
Time to recidivism
Rapists and sexual assaullers
46.0% = 56%). Similarly, 41.5% of
released sexual assaulters were rear-
rested wilhin the first 3 years following
their 1994 release, and over half of
those rearrests (56%) occurred in the
first year (since 23.4% 141.5% = 56%).
All sex offenders
Within 6 months following their release,
16% of the 9.691 men were rearrested
for a new crime (not necessarily
another sex offense) (table 9). Within
1 year. altogether 24.2% were
rearrested. Within 2 years the cumula-
tive total reached 35.5%. By the end of
the 3-year followup period, 43% (4.163
of the 9.691) were rearrested for some
type of crime.
These statistics indicate that most
recidivism within the first 3 years
following release occurred in the first
year (56%. since 24.2% 143% = 56%).
While the bulk of rearrests occurred in
the first year. that period did not
account for the bulk of reconvictions or
reimprisonments. This is largely
because a sizable number of those
rearrested in the first year were not
reconvicted and reimprisoned until
sometime in the second year. due to
the additional time needed to
prosecute, convict. and sentence a
criminal defendant. For example. by
the end of the first year. 8.6% of the
9.691 released sex offenders were
reconvicted. and by the end of the third
year. a cumulative total of 24% were
reconvicted. indicating that the first
year accounted for a relatively small
percentage of all the reconvict ions in
the 3 years (36%, since 8.6% 124% =
36%).
Forty-six percent of released rapists
were rearrested within 3 years. and
over half of those rearrests (56%)
occurred in the first year (since 25.8% I
Table 9. Recidivism rate of sex offenders released from prison in 1994, by type
of recidivism measure, type of sex offender, and time after release
Cumulative percent of sex offenders released from prison in 1994
Time after Sexual
1994 release All Rapists assaulters
Rearrested for any type
of crime within -
6 months 16.0% 16.3% 15.8%
1 year 24.2 25.8 234
2 years 35.5 38.6 34.0
3 years 43.0 46.0 41.5
Reconvicted for any type
of crime within -"
6 months 3.6% 4.3% 33%
1 year 8.6 10.0 8.0
2 years 17.2 199 159
3 years 24.0 27.3 22.4
Returned to prison with a new
sentence for any type of crime within _b
6 months 1.8% 1.9% 1.8%
1 year 4.0 41 3.9
2 years 8.0 9.0 7.5
3 years 11.2 12.6 10.5
Total released 9.691 3.1t5 6.576
Note: The 9,691 sex offenders were released in 15 Slates.
-Because of missing data, prisoners released in Ohio were excluded from the
calculation of percent reconvicted.
b"New sentence" includes new senfences 10 State or Federal prisons but nol to local jails.
Because of missing data, prisoners released in Ohio and Virginia were excluded
from the calculation of percentage returned to pnson witll a new sentence.
16 Recidivism of Sex Offenders Released from Prison in 1994
Table 10. Recidivism rate of child molesters and statutory rapists released
from prison in 1994, by type of recidivism measure and time after release
Cumulative percent of sex offenders
released from prison in 1994
Time after Child Statutory
1994 release molesters rapists
Rearrested 'or any type
of crime wlthin-
6 months 16.0% 18.5%
1 year 22.9 29.8
2 years 32.9 42.4
3 years 39.4 499
Reconvicted for any type
of crime withln-"
6 months 3.0% 4.5%
1 year 7.1 13.6
2 years 14.5 24.4
3 years 20.4 32.7
Returned to prison with a new
sentence for any type of crime within -~
6 months 1.5% 0.9%
1 year 3.1 4.0
2 years 6.5 9.3
3 years 9.1 13.2
T atal released 4.295 443
Note: The 4,295 child molesters were released in 15 Slates:
the 443 statutory rapists in 11 Stales. Because of overlapping
definitions, all statutory rapists also appear under the column ~child moleslers."
"Because of missing data, prisoners released in Ohio were
excluded from the calculation of percent reconvicted.
b~New sentence" includes new sentences to Stale or Federal prisons
but not to local jails. Because of miSSIng data, prisoners released in Ohio
and Virginia were excluded from the calculation of percentage returned 10 prison
with a new sentence.
Child molesters and statutory rapists
Of the 4,295 released child molesters,
1,693 (39.4%) were rearrested during
the 3-year followup period (table 10).
The majority of those charged (approxi-
mately 982 of the 1,693, or 58%) were
charged in the first 12 months. While
49.9% of released statutory rapists
were rearrested within 3 years, nearly
three-fifths of those rearrests occurred
within the first year following release
(29.8% /49.9% ~ 60%)
Recidivism of Sex Offenders Released from Prison in 1994 17
Rearrest for any type of crime
Table 11. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and demographic characteristics of released prisoners
Percent rearrested for any type of crime within 3 years
Prisoner Sexual
characlerislic All Rapists assaulters
Race
\^Jhite 36.7% 39.1% 35.8%
Black 56.1 550 57.0
Other 40.4 38.5 41.7
Hispanic origin
Hispanic 422% 47.7% 39.6%
Non-Hispanic 45.9 502 44.3
Age at release
18~24 59.8% 58.6% 60.2%
25-29 54.2 53.8 54.3
30-34 48.8 52.6 46.7
35-39 41.4 46.1 38.9
40-44 34.7 41.2 31.6
45 or older 23.5 23.0 23.7
Total released 9.691 3.115 6,576
Note: The 9,691 sex offenders were released in 15 States. Dala identifying race were reported for
98.5%; Hispanic origin for 82.5%; age for virtually 100%.
Demographic characteristics
Hispanic origin Among released sex
offenders, non-Hispanics (45.9%) were
more likely than Hispanics (42.2%) to
have a new arrest within the 3-year
followup period.
All sex offenders
Race Black men (56.1%) released in
1994 were more likely than white men
(36.7%) to be rearrested for a new
crime (not limited to just a new sex
crime) within the first 3 years following
their release (table 11).
Age The younger the prisoner when
released, the higher the rate of recidi-
vism. For example, of all the sex
offenders under age 25 at the time of
discharge from prison, 59.8% were
Table 13. Rearrest rate of sex offenders released from prison in 1994.
by type of sex offender and time served before release
Percent rearrested for any type
of crime within 3 years
Time served in prison Sexual
before 1994 release All Rapists assaullers
6 months or less 45.7% 48.3% 45.0%
7-12 42.1 321 43.1
13-18 38.9 37.6 392
19-24 46.7 51.1 45.9
25.30 44.6 42.9 45.1
31.38 35.7 42.6 33.7
37.60 38.9 43.2 36.7
61 months or more 399 43.4 35.5
Total first releases 6.470 1,859 5.860
Note: The 6,470 sex offenders were released in 13 States. Figures are based on first releases
only. First releases include onry those offenders leaving prison for the firsllime since beginning
their sentence. First releases exclude those who left prison in 1994 but who had previously
been released under the same sentence and had returned to prison for violating the conditions
of release.
18 Recidivism of Sex Offenders Released from Prison in 1994
Table 12. Rearrest rate of child
molesters and statutory rapists
released from prison in 1994,
by demographic characteristics
of released prisoners
Percent rearrested for any
type of crime within 3 years
I Prison., Child Statutory
characteristic molesters rapists
Race
White 36.2% 460%
Black 51.7 615
Other 37.8 55.6
Hispanic origin
Hispanic 37.1% 56.9%
Non-Hispanic 41.9 48.8
Age at release
18.24 59.6% 70.0%
25-29 51.4 56.4
30-34 46.5 47.7
35-39 38.0 37.9
40.44 280 44.4
45 or older 23.8 23.8
Tolal rereased 4.295 443
Note: The 4,295 child molesters were
released in 15 Slates; the 443 sfatutory
rapists in 11 Slates. Dala identifying race
were reported for 98.5%; Hispanic origin for
82.5%; age for virtually 100%.
rearrested for some type of crime
within 3 years, or more than double the
23.5% of those age 45 or older.
Rapists and sexual assaulters
Race Among releasees whOse impris-
onment offense was sexual assault,
57% of black men and 35.8% of white
men were rearrested for all types of
crimes. A higher rearrest rate for
blacks was also found among released
rapists.
Hispanic origin Among released
rapists, non-Hispanics (50.2%) were
more likely than Hispanics (47.7%) to
be rearrested within the 3-year followup
period. The same was true among
released prisoners whose imprison-
ment offense was sexual assault.
Age For both rapists and sexual
assaullers, younger releasees had
higher rearrest rates than older
releasees.
Child molesters and statutory rapists Table 14. Rearrest rate of Child molesters and statutory rapists released
Race The rearrest rate among from prison in 1994, by time served before being released
released child molesters was 51.7% for Percent rearrested for any
black men and 36.2% for white men !ype of crime Wllhin 3 years
(table 12) Among statutory rapists, Time served in prison Child Slalulory
black men (61.5%) had a higher before 1994 release molesters rapists
rearrest rate than white men (46.0%). 6 months or less 42.9% 56.7%
7-12 39.7 45.3
Hispanic origin Among released 13-18 34.5 43.9
19.24 45.5 48.9
prisoners whose imprisonment offense 25-30 39.4 259
was statutory rape, Hispanics (56.9%) 31-36 27.2 591
ere more likely than non-Hispanics 37-60 31.5 21.4
(488%) to be rearrested within lhe 61 months or more 29.9 333
3-year followup period. The opposite Total first releases 3,104 317
as true of child molesters, as Hispan- Note: The 3.104 child molesters were released in 13 States: the 317 statutory rapists in 10
ics had a lower rearrest rate (37.1%) States. Because of ,overlapping definitions. all statutory rapists also appear under the column
han non-Hispanics (41.9%). "child mOleste~s." Fl~ures are based.on first releases only. First releases include only those
offenders leaVing pnson for the first time since beginning their sentence. First releases exclude
ge The younger the sex offender was Ihose who left prison in 1994 but who had previously been released under the same sentence
and had returned to prison for violating the conditions of release.
w
w
A
when released, the higher was hiS like-
lihood of being rearrested. For exam-
ple, the rearrest percent for statutory
rapists younger than 25 was higher
(70.0%) than the rearrest percent for
statuto'Y rapists ages 25 to 30 (56.4%).
The same was true among child
molesters.
Time served before 1994 release
All sex offenders
Sex offenders who served the shortest
amount of time in prison before being
released (6 months or less) had a
higher rearrest rate (45.7%) than those
who served the longest (over 5 years,
39.9% rate) (table 13). Similarly,
prisoners who served 6 months or less
had a higher rearrest rate (45.7%) than
those who served 7 months to 1 year
(42.1 %). However, other comparisons
did not indicate a connection between
serving more time and lower
recidivism. For example, among sex
offenders who served 1 to 1)1, years in
prison before being released, 38.9%
were rearrested for all types of crimes,
compared to 46.7% of sex offenders
who served a bit longer - 1)1, to 2
years. Similarly, released prisoners
who served between 3 and 5 years in
prison had a higher rate of rearrest
(38.9%) than released prisoners who
served 2)1, to 3 years (35.7%).
Because of these mixed results, and
others illustrated below, the data do not
warrant any general conclusion about
an association between the level of
recidivism and the amount of time
served.
Rapists and sexual assaulters
Among sexual assaulters who served
no more than 6 months, 45.0% were
rearrested for all types of crimes.
Those who served a little longer -
from about 6 months to 1 year - had
a lower rearrest rate, 43.1 %. Those
released after serving even more lime
- 1 to 1)1, years - had an even lower
rate, 39.2%. However, there are
numerous instances where serving
more time was not linked to lower
recidivism. For example, rapists
released after about 1 to 1)1, years in
prison had a 37.6% rearrest rate, while
those imprisoned a little longer - from
about 1 )I, to 2 years - had a higher
rate, 51.1%.
Child molesters and statutory rapists
Among released statuto'Y rapists and
child molesters, the results continued
to be mixed regarding an association
between the rate of recidivism and the
amount of time served (table 14). For
example, child molesters released after
serving about 2 to 2)1, years had a
hi9her rate of rearrest for all types of
crimes (39.4%) than those who served
somewhat longer - about 2)1, to 3
years (27.2%). However, the rearrest
rate rose (31.5%) among molesters
who served more time - 3 to 5 years.
Recidivism of Sex Offenders Released from Prison in 1994 19
Table 15. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and prior arrest for any type of crime
Sexual
Arrest prior to 1994 release All Rapists assaulters
Percent rearrested for any type
of crime within 3 years
Tofal 43.0% 46.0% 41.5O/lJ
The arrest responsible for their
being in prison in 1994 was -..
Their first arrest for any type of crime 24.8 28.3 236
Not their first arrest for any type of crime 47.9 49.6 47.1
Percent of released prisoners
Total 100% 100% 100%
The arresl responsible for their
being in prison in 1994 was-*
Their first arrest for any type of crime 21.5 16.9 23.7
Not their first arrest fOf any type of crime 78.5 83.1 76.3
Tolal released 9.691 3.115 6.576
Note: The 9.691 sex offenders were released in 15 States.
.By definition, all sex offenders had at least 1 arrest prior to their release:
namely, the sex crime arrest responsible for their being in prison in 1994.
Prior arrest for any type of crime
All sex offenders
For 2,084 sex offenders (21.5% of the
9,691 total), their only arrest prior to
being released in 1994 was the arrest
for their imprisonment offense (a sex
offense) (table 15). Among these 2,084
released sex offenders with just 1 prior
arrest, 24.8% were rearrested for a
new crime (not necessarily a new sex
crime). For the remaining 7,607 (78.5%
of 9,691), their prior record showed an
arrest for the sex offense responsible
for their current imprisonment plus at
least 1 earlier arrest for some type of
crime. Of these 7,607 prisoners, 47.9%
were rearrested, or about double the
rate of their counterparts with 1 prior
arrest (248%).
Rapists and sexual assaulters
Of the 3,115 released rapists, 83.1%
(2,589 rapists) had more than 1 arrest
for some type of crime prior to their
release from prison in 1994, and 169%
(526 rapists) had just 1 prior alrest, the
arrest for the sex crime that resulted in
their being in prison in 1994. The
multiple prior arrests for the 2.589
rapists included the arrest for their
imprisonment offense plus at least 1
other arrest for any type of crime. The
2,589 with more than 1 prior arrest had
a rearrest rate (49.6%) nearly double
that of the 526 with just 1 prior (28.3%).
Child molesters and statutory rapists
Of the 4,295 child molesters. 76.8%
(3.299 men) had more than 1 prior
arrest (table 16). These 3,299 child
molesters had a rearrest rate (44.3%)
nearly double the 23.3% rate of the
996 molesters with just 1 prior arrest
(996 is 23.2% of 4,295). The 357 statu-
tory rapists with more than 1 prior
arrest (357 is 80.6% of 443) had a
rearrest rate (55.7%) more than double
the 25.6% rate of the 86 statutory
rapists with 1 prior arrest (86 is 19.4%
of 443).
Table 16. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by prior arrest for any type of crime
Child Statutory
Arrest prior to 1994 release molesters rapists
Percent rearrested for any type
of crime within 3 years
Tolal 39.4% 49.9%
The arrest responsible for their
being in prison in 1994 was -.
Their first arrest for any type of crime 23.3 256
Not their first arrest for any type of crime 44.3 55.7
Percent of released prisoners
Total 100% 100%
The arrest responsible for
their being in prison in 1994 was - *
Their first arrest for any type of crime 23.2 19.4
Not their first arrest for any type of crime 76.8 80.6
T alai released 4,295 443
Nole: The 4,295 child molesters were released in 15 States; the 443 statutory rapists
in 11 States. Because of overlapping definitions, all statutory rapists also appear
under the column "child molesters.~
-By definition, all sex offenders had at least 1 arrest prior to their release;
namely. the sex crime arrest responsible for their being in prison in 1994.
20 Recidivism of Sex Offenders Released from Prison in 1994
Number of prior arrests
for any type of crime
Statistics on prior arrests in this section
of the report do include the imprison-
ment offense of the released sex
offender.
All sex offenders
The number of times a prisoner was
arrested in the past was a relatively
good predictor of whether that prisoner
would continue his criminality after re-
lease (table 17). Prisoners with just one
prior arrest for any type of crime had a
24.8% rearrest rate for all types of
crimes. With two priors, the percent-
age rearrested rose to 31.9%. With
three, it increased to 36.9%. With four,
it went up to 42.6%. With additional
priors, there were further increases,
ultimately reaching a rearrest rate of
67.0% for released prisoners with the
longest criminal record (more than 15
prior arrests).
Rapisls and sexual assaulters
Both rapists and sexual assaulters
followed the pallern described immedi-
ately above: the more prior arrests they
had, the more likely they were to have
a new arrest for some type of crime
atter their release in 1994.
Table 17. Rearrest rate of sex offenders released from prison in 1994,
by type ofsex offender and number of prior arrests for any type of crime
Number of adult arrests Sexual
prior to 1994 release. All Rapisls assaulters
Percent rearrested for any type
of crime within 3 years
1 prior arrest for any type of crime 24.8% 28.3% 23.6%
2 31.9 36.4 29.9
3 369 36.3 371
4 426 472 404
5 50.5 486 51.6
6 49_7 47.3 50.9
7-10 59.0 59.6 58.6
11.15 65.1 637 660
16 or more 67.0 66.1 87.5
Percent of released prisoners
All sex offenders 100% 100% 100%
1 prior arrest fer any type of crime 21.5 16.9 23.7
2 16.0 15.2 16.3
3 11.9 12.1 11.6
4 9.0 9.2 8.9
5 72 8.0 6.8
6 6.3 6.6 6.1
7-10 14.4 15.8 13.8
11-15 7.9 89 74
16 or more 5.8 7.2 5.2
Tolal released 9,691 3,115 6,576
Note: The 9.691 sex offenders were released in 15 States.
.By definition. all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. In this table. that arrest is counted as 1 prior arrest.
Recidivism of Sex Offenders Released from Prison in 1994 21
Child molesters and statutory rapists
Among released prisoners with the
smallest number of prior arrests (1
prior arrest). 23.3% of child molesters
and 25.6% of statutory rapists were
rearrested for all types of crimes within
3 years (table 18). Rearrest rates
generally rose with each increase in the
number of prior arrests. Among
released prisoners with the largest
number of prior arrests (more than 15),
62.0% of child molesters and 76.2% of
statutory rapists had at least 1 new
arrest after being released in 1994.
State where rea rrested for any
type of crime
The State where the rearrest occurred
was not always the State that released
the prisoner. In some cases, the
released sex offender left the State
where he was imprisoned and was
rearrested for a new crime in a different
State. For example, a sex offender
released from prison in California may
have traveled to Nevada, where he was
arrested for committing another crime.
Sex offenders
A total of 4,163 sex offenders were
rearrested for some type of new crime
after their 1994 release. Of the 4,163
arrests, 16.0% - or 1 in 6 - were
outside the State where the prisoner
was released (table 19). The rest
(84.0%) were made in the State that
released them.
Sex offenders compared
to non-sex offenders
The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 179.391 were rearrested for a
new crime within 3 years (not shown in
table). Of the 179,391 arrests for any
type of crime. 11.2%, or 20,092 arrests,
were arrests that occurred outside the
State that released them.
Table 18. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by number of prior arrests for any type of crime
Number of adult arrests Child Statutory
prior to 1994 release" molesters rapists
Percent rearrested for any type
or crime within 3 years
1 prior arresl for any type of crime 23.3% 25.6%
2 28.0 293
3 32.4 46.9
4 392 41.0
5 47.4 606
6 502 53.8
7.10 58.1 65.1
11-15 62.9 813
16 or more 620 762
Percent of released prisoners
All sex offenders 100% 100%
1 prior arrest for any type or crime 23.2 19.4
2 172 131
3 12.1 11.1
4 8.5 B.8
5 7.0 7.4
6 6.4 5.9
7.10 13.6 lB.7
11-15 7.3 108
16 or more 4.8 4.7
T alai released 4,295 443
Note: The 4,295 child molesters were released in 15 Slates; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters."
~By definition, all sex offenders had at least one arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994_ In this table, that arrest is counted as 1 prior arrest.
Rearrested sex offenders had a higher
percentage: 1 in 6 of their rearrests for
any type of crime were in a State other
than the one that released them.
were rearrested for any new crime
(table 19). For 17.4% of the 1,432
rearrested rapists, and 15.2% of the
2,731 rearrested sexual assaulters, the
place where the arrest occurred WaS in
a different State than the one that
released them.
Rapists and sexual assaulters
Following their 1994 release, 1,432
rapists and 2,731 sexual assaulters
Table 19. Where sex offenders were rearrested for any new crime following
release from prison in 1994, by type of sex offender
Percent of rearrested prisoners
State where rearrested Sexual
within 3 years All Rapists assaulters
Total 100% 100% 100%
Same State where released 84.0 82.6 84.8
Another State 16.0 17.4 15.2
Total rearrested for any new crime 4.163 1,432 2,731
Note: The 4,163 rearrested sex offenders were released in 15 Slates,
bul table percentages are based on 14 States.
22 Recidivism of Sex Offenders Released from Prison in 1994
Child molesters and statutory rapists
Out of the 4,295 child molesters, 1.693
were rearrested for any new crime after
being released from prison in 1994
(table 20). The 1,693 recidivists
consisted of 84.8% whose new arrest
was in the same State that released
them in 1994, and 15.2% whose
alleged violation occurred in a different
State.
About half of all statutory rapists were
not rearrested for any type of crime
after their release. Of the 221 who
were, 16.6% were rearrested outside
the State where they were released.
l
I
Table 20. Where child molesters and statutory rapists were rearrested
for any new crime following release from prison in 1994
Slale where rearrested
within 3 years
Totai
Same Stale where released
Another Slate
Percent of rearrested prisoners
Child Statutory
molesters rapists
100%
84.8
152
1.693
100%
83.4
18.6
221
Total rearrested for any new crime
Note; The 1,693 rearrested child molesters were released in 15 States.
but table percentages are based on 14 Stales. The 221 rearrested statutory rapists
'vVE!re released in 11 Slates, but table percentages are based on 10 States.
Recidivism of Sex Offenders Released from Prison in 1994 23
Rearrest and reconviction for a new sex crime
Rearrest and reconviction
Child molesters and statutory rapists
All sex offenders
Based on official arrest records, 517 of
the 9,691 released sex offenders
(5.3%) were rearrested for a new sex
crime within the first 3 years following
their release (table 21). The new sex
crimes for which these 517 men were
arrested were forcible rapes and sexual
assaults. For virtually all of the 517, the
most serious sex crime for which they
were rearrested was a felony. Their
victims were children and adults. The
study cannot say what percentage
were children and what percentage
were adults because arrest files did riot
record the victim's age.
Of the total 9,691 released sex, 3.5%
(339 of the 9,691) were reconvicted for
a sex crime (a forcible rape or a sexual
assault) within 3 years.
Sex offenders compared
to non-sex offe.~ders
The 15 States in this study released a
total of 272,111 prisoners in 1994. The
9,691 released sex offenders made up
less than 4% of that total. Of the
remaining 262,420 non-sex offenders,
3,328 (1.3%) were rearrested for a new
sex crime within 3 years (not shown in
table). By comparison, the 5.3%
rearrest rate for the 9,691 released sex
offenders was 4 times higher.
Assuming that the 517 sex offenders
who were rearrested for another sex
crime each victimized no more than
one victim, the number of sex crimes
they committed after their prison
release totaled 517. Assuming that the
3,328 non-sex offenders rearrested for
a sex crime after their release also
viclimized one victim each, the number
of sex crimes they committed was
3,328. The combined total number of
sex crimes is 3,845 (517 plus 3,328 =
3,845). Released sex offenders
accounted for 13% and released
non-sex offenders accounted for 87%
of the 3,845 sex crimes committed by
all the prisoners released in 1994
(517/3,845 = 13% and 3,328 / 3,845
= 87%).
Rapists and sexuat assaulters
Of the 3,115 rapists. 5.0% (155 men)
had a new arrest for a sex crime (either
a sexual assault or another forcible
rape) after being released. Of the 6,576
released sexual assaulters, 5.5% (362
men) were rearrested for a new sex
crime (either a forcible rape or another
sexual assault).
A total of 100 released rapists were
reconvicted for a sex crime. The 100
men were 3.2% of the 3,115 rapists
released in 1994. Among the 6,576
released sexual assaulters, 3.7% (243
men) were reconvicted for a sex crime.
After theirrelease, 5.1% (221 men) of
the child molesters and 5.0% (22 men)
of the statutory rapists were rearrested-
for a new sex crime (table 22). Not all
of the new sex crimes were against
children. The new sex crimes were
forcible rapes and various types of
sexual assaults.
Following their release, 3.5% (150
men) of the 4,295 released child
molesters were convicted for a new
sex crime against a child or an adult.
The sex crime reconviction rate for the
443 statutory rapists was 36% (16
reconvicled men).
Table 21. Of sex offenders released from prison in 1994, percent rearrested
and percent reconvicted for any new sex crime, by type of sex otfender
Sexual
All Rapists assaulters
Percent rearrested for any new
sex crJme within 3 years 5.3% 5.0% 5.5%
Percent reconvicted for any new
sex crime within 3 years. 3.5% 3.2% 3.7%
Total released 9,691 3,115 6,576
Note: The 9,691 sex offenders were released in 15 Slales.
.Because of missing data, prisoners released in Ohio were excluded from
the calculation of percent reconvicted. Due to data quality concerns,
calculation of percent reconvicted excluded Texas prisoners classified as
"other type of release."
Table 22. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested and percent reconvicted for any new sex crime
Child Statutory
molesters rapists
Percent rearrested for any new
sex crime within 3 years 5.1% 5.0%
Percent reconvicted for any new
sex crime within 3 years. 3.5% 3.6%
Tolal released 4.295 443
Note: The 4,295 child molesters 'Nere released in 15 States; the 443 statutory rapis1s in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters."
*Because of missing data, prisoners released in Ohio were excluded from the calculalion
of percent reconvicted. Due to data quality concerns, calculation at percent reconvicted
excluded Texas prisoners classified as "other type of release."
24 RecidiVism of Sex Offenders Released from Prison in 1994
Time to rearrest
All sex offenders
Within 6 months following their release,
1.4% of the 9,691 men were rearrested
for a new sex crime (table 23). Within 1
year the cumulative total grew to 2.1%
rearrested. By the end of the 3-year
followup period, altogether 5.3% had
been rearrested for another sex crime.
The first year was the period when
40% of the new sex crimes were
committed (since 2.1% /5.3%" 40%)
Rapists and sexual assaulters
The first year following release
accounted for 40% of the new sex
crimes committed by both released
rapists (since 2.0% /5.0% "40%) and
released sexual assaulters (since 2.2%
15.5% " 40%).
Child molesters and statutory rapists
For child molesters and statutory
rapists, the first year following their
release was the period when the
largest number of recidivists were
rearrested. Similar to rapists and
sexual assaulters. about 40% of the
arrests for new sex crimes committed
by child molesters and statutory rapists
occurred during the first year (table 24).
Demographic characteristics
All sex offenders
Race Among sex offenders released
from prison in 1994, black men (5.6%)
and white men (5.3%) were about
equally likely to be rearrested for
another sex crime (table 25).
Table 23. Of sex offenders released from prison in 1994, percent rearrested
for any new sex crime. by type of sex offender and time after release
Cumulative percent rearrested for any
new sex crime within specified time
Time after Sexual
1994 release All Rapists assaulters
6 months 1.4% 1.3% 1.4%
1 year 2.1 20 2.2
2 years 3.9 3.7 4.1
3 years 5.3 5.0 5.5
Total released 9.691 3.115 6.576
Note: The 9.691 sex offenders were released in 15 Slates.
Table 24. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested for any new sex crime, by time after release
CumUlative percent rearrested far any
new sex crime within specified time
Time after Child Statutory
1994 release molesters rapists
6 months 1.3% 1.4%
1 year 22 2.0
2 years 3.9 32
3 years 51 5.0
Total released 4.295 443
Note: The 4.295 child molesters were released in 15 States;
the 443 statutory rapists in 11 States. Because of overlapping definitions.
all statutory rapists also appear under the column "child molesters."
Hispanic origin Among released sex
offenders, non-Hispanics were more
likely to be rearrested for a new sex
offense (6.4%) than Hispanics (4.1%).
One reason for the lower rearrest rate
for Hispanics may be that some were
deported immediately following their
release.
Age Recidivism studies typically find
that, the older the prisoner when
released, the lower the rate of recidi-
vism. Results reported here on re-
leased sex offenders did not follow lhe
familiar pattern. While the lowest rate
of rearrest for a sex crime (3.3%) did
belong to the oldest sex offenders
(those age 45 or older), other compari-
sons between older and younger
prisoners did not consistently show
older prisoners' having the lower
rearrest rate.
Table 25. Of sex offenders released
from prison in 1994, percent
rearrested for any new sex crime,
by demographic characteristics
of released prisoners
Percent of released sex
offenders rearrested for
Prisoner any new sex crime within
characteristic 3 years
Total released 5.3%
Race
White 5.3%
Black 5.6
Other 4.4
Hispanic origin
Hispanic 4.1%
Non-Hispanic 6.4
Age at release
18-24 6.1%
25-29 5.5
30-34 5.8
35-39 6.1
40-44 5.6
45 or older 3.3
Total released 9.691
Note: The 9.691 sex offenders were released
in 15 States. Data identifying race were
reported for 98.5% of 9.691 released sex
offenders: Hispanic origin for 82.5%: age
for virtually 100%.
Recidivism of Sex Offenders Released from P,isoll in 1994 25
Time served before 1994 release
All sex offenders
The study compared recidivism rates
among prisoners who served different
lengths of time before being released
from prison in 1994. No clear associa-
tion was found between how long they
were in prison and their recidivism rate
(table 26). For example, those sex
offenders who served from 7 to 12
months were rearrested for a new sex
crime at a higher rate (5.2%) than
those who served slightly less time
(3.8%), which seemed to suggest that
serving more time raised the recidivism
rate. But other comparisons suggested
tile opposite. Compared to men who
were confined for 7to 12 months (5.2%
rearrest rate), those who served more
time (13 to 18 months) were less likely
to be rearrested for any new sex crime
(4.1%).
Table 26. Of sex offenders released
from prison in 1994, percent
rearrested for any new sex crime,
by time served before being released
Percent of released
sex offenders
rearrested for
TIme served in prison any new sex crime
before 1994 release within 3 years
6 months or less 3.8%
7-12 5.2
13.18 4.1
19-24 6.4
25.30 5.2
31-36 3.3
37.60 5.2
61 months or more 4.9
Tolal first releases 6,470
Note: The 6,470 sex offenders were released
in 13 States. Figures are based on first
releases only. First releases include only
those offenders leaving prison for the first
time since beginning their sentence. First
releases exclude those who left prison in
1994 but who had previously been released
under the same senlence and had returned
to prison for violating the conditions of
release.
Prior arrest for any type of crime
All sex offenders
Of the 9,691 released sex offenders,
21.5% (2,084 of the 9,691) had only 1
arrest in their criminal record up to tile
time they were released (table 27).
That one arrest was the arrest for the
sex crime that resulted in a prison
term. The remaining 78.5% (7,607
men) had the arrest for their imprison-
ment offense in their record, and they
also had at least 1 earlier arrest for
some type of crime. For example,
some had an earlier arrest for theft or a
drug offense. Most of them did not
have an earlier arrest for a sex crime.
Compared to the 2,084 sex offenders
with the 1 arrest in their criminal record,
the 7,607 with a longer prior arrest
record were more likely to be
rearrested for another sex crime
(5.9% compared to 3.3%).
Rapists and sexual assaulters
Of the 3,115 released rapists, the
majority (83.1% of the 3,115. or 2.589
men) had more than 1 arrest (for any
type of crime) prior to release from
prison in 1994. Of these 2,589 released
rapists, 5.4% (140) had a new arrest
for a sex crime. The rate was lower
(3.0%) for the 526 released rapists
with no prior arrest.
Results for sexual assaulters followed
the same pattern: the 5,017 sexual
assaulters with more than 1 prior arrest
(76.3% of 6,576 is 5,017) were more
likely to be rearrested for a new sex
crime (6 2%) than the 1,559 with just
the 1 prior arrest (23.7% of 6,576 is
1,559).
Table 27. Of sex offenders released from prison in 1994,
percent rearrested for any new sex crime, by type of sex offender
and prior arrest for any type of crime
Sexual
Arrest prior to 1994 release All Rapists assaulters
Percent rearrested for any
new sox crime within 3 years
Total 5.3% 5.0% 5.5%
The arrest responsible for their being
in prison in 1994 was - *
Their first arrest for any type of crime 33 30 34
Not their first arrest for any type of crime 5.9 5.4 62
Percent of released prisoners
Total 100% 100% 100%
The arrest responsible for Iheir being
in prison in 1994 was - *
Their first arrest for any type of crime 21.5 16.9 23.7
Not their first arrest for any type of crime 785 83.1 76.3
Total released 9.691 3,115 6,578
Note: The 9.691 sex offenders were released in 15 Slates.
*By definition. all sex offenders had at least 1 arrest prior 10 lheir release: namely,
the arrest responsible for their being in prison in 1994. ~First arrest for any type
of crime" pertains exclusively to lhose released prisoners whose first arrest was
the sex offense arrest responsible for their being in prison in 1994.
26 Recidivism of Sex Offenders Released from Prison in 1994
Child molesters and statutory rapists
Released child molesters with more
than one prior arrest were more likely
than those with only one arrest in their
criminal record to be rearrested for a
new sex crime (5 7% compared to
3.2%) (table 28). The same was true
of statutory rapists (5.3'10 compared
to 3.5%).
Number of prior arrests
for any type of crime
All sex offenders
The more arrests (for any type of
crime) the sex offender had in his
criminal record, the more likely he was
to be rearrested for another sex crime
after his release from prison (table 29).
Sex offenders with one prior arrest (the
arrest for the sex crime for which they
had been imprisoned) had the lowest
rate, about 3%; those with 2 or 3 prior
arrests for some type of crime, 4%;
4 to 6 prior arrests, 6%; 7 to 10 prior
arrests, 7%; and 11 to 15 prior
arrests, 8%.
Table 28. Of child molesters and statutory rapists released from prison
in 1994, percent rearrested for any new sex crime, by prior arrest
for any type of crime
Child Statutory
Arrest prior 101994 release molesters rapists
Percent rearrested for any new sex crime within J ye.3r$
Tolal 5.1% 5.0%
The arrest responsible for their being in prison in 1994 was - .
Their first arrest for any type of crime 3.2 3.5
Not their first arrest for any type of crime 5.7 5.3
Percent of released prisoners
Total 100% 100%
The arrest responsible for their being in prison in 1994 was - .
Their first arrest for any type of crime 23.2 19.4
Nollheir first arrest for any type of crime 76.8 60.6
Total released 4.295 443
Note: The 4.295 child molesters were released in 15 States; the 443 statutory rapists in 11 Slates.
Because of overlapping definitions. all statutory rapists also appear under the column "child
molesters. "
-By definition. all sex offenders had at least 1 arrest prior to their release: namely. the arrest
responsible for their being in prison in 1994. "First arrest for any type of crime" pertains
exclusively to tnose released prisoners whose first arrest was the sex offense arrest
responsible for their being in prison in 1994.
Table 29. Of sex offenders released from prison in 1994, percent rearrested
for any new sex crime, by number of prior arrests for any type of crime
Number of adult arrests
Erinr to 1994 release
All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
Percent rearrested for any new
sex crime within 3 years
5.3%
3.3
43
4.4
5.8
6.3
6.1
69
7.8
7.4
All sex offenders
1 prior arrest for any type of crime
2
3
4
5
6
7-10
11-15
16 or more
Total released
Percent of released prisoners
100%
21.5
16.0
11.9
9.0
7.2
6.3
14.4
7.9
5.8
9.891
Note: The 9.691 sex offenders were released in 15 Stales. By definition, alt sex offenders had at
least 1 arrest prior to their release: namely. the arrest responsible for their being in prison in 1994.
In this table. thai arrest is cOdnled as one prior arrest.
Recidivism of Sex Offenders Released from Prison in 1994 27
Prior arrest for a sex crime
All sex offenders
Prior to their release in 1994, 2,762 of
the sex offenders (28.5% of the total
9,691) had 2 or more arrests for a sex
offense in their criminal record: the
arrest for the sex offense that resulted
in their imprisonment, plus at least 1
earlier arrest for a sex crime (table 30).
For the remaining 6,929 (71.5% of the
total 9,691), their only prior arrest for a
sex crime was the arrest that brought
them into prison. (Any other prior
arrests the 6,929 may have had were
for non-sex crimes.) Following their
release, the 2,762 with more than 1 sex
crime in their criminal background were
about twice as likely to be rearrested
for another sex crime (8.3%) as the
6,929 with a single prior arrest (4.2%).
Rapists and sexual assaulters
Rapists (4.0%) and sexual as saulters
(4.2%) with one prior arrest for a sex
crime were less likely to be rearrested
for another sex crime than rapists
(7.4%) and sexual assaulters (8.7%)
who had been arrested two or more
times for a sex crime prior to release
from prison in 1994.
Child molesters and statutory rapists
By definition, all 4,295 child molesters
had been arrested for a sex offense at
least once prior to their release in 1994
- the sex offense that ianded them in
prison. For 3,049 of them (71 % of
4.295), that arrest was their only prior
arrest for a sex offense (lable 31). The
remaining 1,246 child molesters (29%
of 4,295) had alleast 2 prior arrests for
a sex crime: the arrest for their impris-
onment offense plus at least 1 other
prior arrest for a sex offense (not
necessarily one against a child). Of the
1,246 child molesters with multiple sex
crimes in their past, 8.4% (105 of the
1,246) were rearrested for another sex
crime (not necessarily another sex
crime against a child), or more than
double the 3.8% rate for the 3,049
released child molesters with just 1
prior arrest for a sex crime.
extensive record of prior arrests
for sex crimes were more iikeiy to be
rearrested for another sex crime (8.8%)
than those with just one past arrest
(2.6%).
Similar results were found for released
statutory rapists. Those with a more
Table 30. Of sex offenders released from prison in 1994, percent rearrested
for any new sex crime, by type of sex offender and prior arrest for any sex crime
Sexual
Arrest prior to 1994 release All Rapists asstlutters I
Percent rearrested for any new sex crime within 3 years
Tolal 5.3% 5.0% 55%
The arrest responsible for their being in prison in 1994 was--
Their first arresl for any sex crime 4.2 4.0 4.2
Not their first arrest tor any sex crime 8.3 7.4 8.7
Percent of released prisoners
Total 100% 100% 100%
The arrest responsible for their being in prison in 1994 was-"
Their first arrest tor any sex crime 71.5 71.3 71.6
Not their first arresl for any sex crime 28.S 28.7 284
Total released 9.691 3.115 6.576
Nole: The 9.691 sex offenders were released in 15 Slates.
.By definition, all sex offenders had at least 1 arrest prior to their release: namely. Ihe arrest
responsible for their being in prison in 1994. "First arrest for any sex crime" pertains exclusively
to those released prisoners whose first arrest was the sex offense arrest responsible for their
being in prison in 1994.
Table 31. Of child molesters and statutory rapists released from prison in 1994,
percent rearrested for any new sex crime, by prior arrest for any sex crime
Child Slalulol)'
Arrest p-rior to 1994 release molesters rapists
Percent rearrested for any new
sex crime within 3 years
Total 5.1% 5.0%
The arrest responsible for their being
in prison in 1994 was - .
Their firs I arrest for any sex crime 3.8 2.6
Not their first arrest for any sex crime 8.4 6.6
Percent of released prisoners
Total 100% 100%
The arrest responsible for their heing
in prison in 1994 was - .
Their first arrest for any sex crime 71.0 6\.6
Not their first arrest for any sex crime 290 384
T alaI released 4.295 443
Note: The 4.295 child molesters were released in 15 Slales; the 443 statutory rapists. 11 Slates.
Because of ollerlapping definitions, all statutory rapists also appear under lhe column "child
molesters."
.By definition, all sex offenders had at least 1 arrest prior to their release: namely, the arrest
responsible for their being in prison in 1994. "First arrest for any sex crime" pertains exclusively
to those released prisoners whose first arrest was the sex offense arrest responsible for their
being in prison in 1994.
28 Recidivism of Sex Offenders Released from Prison in 1994
State where rearrested for a sex
crime
Child molesters and statutory rapists
released them in 1994. For the remain-
ing 13.4%, the arrest was elsewhere.
When sex offenders were arrested for
new sex crimes after their release, the
new arresltypically occurred in the
same State that released them. Those
arrests are referred to as "in-State"
arrests. When released sex offenders
left the State where they were incarcer-
ated and were charged by police with
new sex crimes, those arrests are
referred to as "out-of-State" arrests.
All sex offenders
Of the 9,691 released sex offenders,
517 were rearrested for a new sex
crime within 3 years. Most of those sex
crime arrests (85.2% of the 517, or 440
men) were in the same State that
released them (table 32). Seventy-
seven of them (14.8% of the 517) were
arrests in a different State.
Sex offenders compared
to non-sex offenders
The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 3,328 were rearrested for a new
sex crime within 3 years (not shown in
table). Of the 3,328 non-sex offenders
arrested for a new sex crime, an
estimated 10% were men rearrested
outside the State that released them.
The 15% figure for released sex
offenders was high by comparison
(table 32).
Rapists and sexual assaulters
A total of 155 released rapists and 362
released sexual assaulters were
rearrested for a new sex crime within
the 3-year followup period. In-Stale
arrests for new sex crimes accounted
for 85% of the rearrested rapists and
85% of the rearrested sexual
assaulters. Out-of-State arrests
accou nted for the rest.
A total of 221 child molesters were
rearrested for a new sex crime (not
necessarily against a child) after their
release (table 33). Among the 221
were 191 (86.6%) whose new sex
crime arrest was in the same State that
Of all statutory rapists, 5% (22) were
rearrested for a new sex crime after
their release. Of these 22, none had
the new arrest outside the State that
released them.
Table 32. Where sex offenders were rearrested for a new sex crime
following their release from prison in 1994, by type of sex offender
Percent of rearrested prisoners
Stale where rearrested Sexual
within 3 years All Rapists assaulters
Tolal 100% 100% 100%
Same State where relelised 85.2 85.2 85.2
Another State 14.8 14.8 14.8
Total rearrested for a new sex crime 517 155 362
Note: The 517 rearrested sex offenders were released in 15 Slates.
but table percentages are based on 14 Slates.
Table 33. Where child molesters and statutory rapists were rearrested
for a new sex crime following their release from prison in 1994
Percent of rearrested
prisoners
Stale where rearrested Child Statutory
within 3 years molesters rapists
Total 100% 100%
Same State where released 86.6 100
Another State 13.4 0
Total rearrested for a new sex crime 221 22
Nole: The 221 rearrested child molesters were released in 14 Stales,
butlable percentages are based on 13 States. The 22 rearrested statutory
rapists were released in 6 Slates, but table percentages are based on 5 Slates.
Recidivism of Sex Offenders Released from Prison in 1994 29
Rearrest for a sex crime against a child
Undercounis of sex crimes
against children
This section documents percentages of
men who were arrested for a sex crime
against a child after their release from
prison in 1994. To some unknown
extent these recidivism rates under-
count ~ctual rearrest rates. That is
because the arrest records that the
study used to document sex crime
arrests did not always contain enough
information to identify those sex crime
arrests in which the victim of the crime
was a child. Some sense of the poten-
tial size of the undercount can be
gained by comparing rearrests for any
sex crime and rearrests for any sex
crime against a child. Rates of rearrest
for a sex crime (tables 21 and 22) are
from 2to 3Y, percentage points higher
than rates of rearrest for a sex crime
against a child (tables 34 and 35),
suggesting that rates of rearrest for a
sex crime against a child could be, at
most, a few percentage points below
actual rates.
No data on precise ages
of molested children
This section also documents the ages
of the children that the men were
alleged to have molested after their
release from prison. Sex crime statutes
contained in the arrest records of the
released prisoners were used to obtain
ages. The first step was to identify
those sex crime statutes that were
applicable just to children. Among
those that were, some were found to
apply just to children whose age fell
within a certain range (for example,
under 12, or 13 to 15, or 16to 17).
Those statutes applicable to children
within specified age ranges became
the source of information on the
approximate ages of the allegedly
molested children. Information on
precise ages could not be determined
because statutes applicable just to
children of a specific age (for example,
just to 12-year-olds, or just to age
15-year-olds) do not exist.
Rearrest
All sex offenders
Following their release in 1994, 209
of the total 9,691 released sex offend-
ers (2.2%) were rearrested for a sex
offense against a child (table 34). For
virtually all 209, the rearrest offense
was a felony. For the reason given
earlier, the 2.2% figure undercounts
the percentage rearrested for a sex
offense against a child. It seems
unlikely that the correct figure could be
as high as 5.3% (table 21 l, which is the
percentage rearrested for a sex crime
against a person of any age. The only
way it could be that high is if none of
the sex crime arrests atter release
were crimes in which the victim was an
adult. an unlikely possibility. The more
likely possibility is that the 2.2% figure
undercounts the rate by a maximum of
1 or 2 percentage points.
An estimated 76% of the children alleg-
edly molested by the 209 men after
their prison release were age 13 or
younger, 12% were 14- or 15-years-
old, and the remaining 12% were 16-
or 17 -years-old.
Sex offenders compared
to non-sex offenders
Prisons in the 15 States in the study
released 272,111 prisoners altogether
in 1994, 9.691 of whom were the sex
offenders in this report. As previously
stated, 2.2% of the 9,691 sex offenders
were rearrested for a child sex crime
after their release. That rate is high
compared to the rate for the remaining
262,420 non-sex offenders. Of the
262.420 non-sex offenders, less than
half of 1 percent (1,042 of the 262,420)
were rearrested for a sex offense
against a child within the 3-year
followup period (not shown in table).
Since each of the 1,042 was charged
at arrest with molesting at least 1 child,
the total number they allegedly moles-
ted was conselVatively estimated at
1,042. Of the conselVatively estimated
1,042 children, 65% were age 13 or
younger, 11 % were 14- or 15-years-
old, and 24% were 16- or 17-years-old
(not shown in table). (These percent-
ages were based on the 554 cases out
of the 1,042 in which the approximate
age of the child could be determined.)
Table 34. Of sex offenders released from prison in 1994, percent rearrested
for a sex crime against a child, and percent of their alleged victims,
by age of victim and type of sex offender
Percent rearrested for a sex crime
against a child within 3 years
Sexual
All Rapists assautters
Total 2.2% 1.4% 2.5%
Number released 9,691 3.1'5 6.576
Age of child lhal sex offender was Percent of
charaed with fDQ1e.s.tirl.gJllt.er release alleaedly mOresled...mil.d~_
13 or younger 76_2% 89.3% 72.3%
14-15 115 0.0' 14.9
16.17 12.3 10.7" 12.8
Number of molested children 209 44 165
Nole: The 9,691 sex offenders were released in 15 Stales. The approximate ages of lhe children
allegedly molested by the 209 prisoners after tlwir release were available for 58.4% of the 209.
"Number of molested children" was set to equallhe number of released sex oHenders rearrested
for child molesting.
.Percenlage based on 10 or fewer cases.
30 Recidivism of Sex Offenders Released from Prison in 1994
Assuming that the 209 sex offenders
who were rearrested for a sex crime
a9ainst a child each victimized no more
than one child, the number of sex
crimes they committed against children
after their prison release totaled 209.
Assuming that the 1,042 non-sex
offenders rearrested for a sex crime
against a child after their release also
victimized only one child, the number of
sex crimes against a child that they
committed was 1.042. The combined
total number of sex crimes is 1,251
(209 plus 1,042 = 1,251). Released sex
offenders accounted for 17% and
released non-sex offenders accounted
for 83% of the 1,251 sex crimes
against children committed by all the
prisoners released in 1994 (209/1,251
= 17% and 1,042/1,251 = 83%).
Rapists and sexual assaulters
Following their 1994 release, 1.4% of
the 3,115 rapists (44 men) and 2.5% of
the 6,576 sexual assaulters (165 men)
were rearrested for molesting a child
(table 34).
Child molesters and statutory rapists
Within 3 years following their release
trom prison in 1994, 141 (3.3%) of the
released 4,295 child molesters and 11
(2.5%) of the 443 released statutory
rapists were rearrested for molesting
another child (table 35). For the
reasons outlined earlier, these percent-
ages undercount actual rearrest rates
by a few percentage points at most.
Each of the 141 released molesters
rearrested for repeating their crime
represented at least 1 child victim. Of
the conservatively estimated 141
children allegedly molested by released
child molesters, 79% were age 13 or
younger, 9% were 14 or 15 years of
age, and 12% were ages 16 or 17.
Table 35. Of child molesters and statutory rapists released from prison
in 1994, percent rearrested for a sex crime against a child,
and percent of their alleged victims, by age of victim
Percent rearrested for a sex
crime aQainsl a child within 3 vears
Child Statutory
molesters rapists
Tolal 3_3% 2.5%
Number released 4,295 443
Age of child that sex offender was Percent of
charaed with molestina after release alleQedly molested children
13 or younger 79.2% 30.0"%
14-15 9.1 10.0.
16-17 11.7 60.0.
Number of molested children 141 11
Note: The 4,295 child molesters were released in 15 Slales; the 443 statutory rapists in 11
Stales. Because of overlapping definitions. all statutory rapists also appear under the column
"child molesters" The approximate ages of the children allegedly molested by the 141 prisoners
after their release were available for 54.6% of the 141. "Number of molesled children" was set to
equallhe number of released sex offenders rearrested for child molesting.
.Percentage based on 10 or fewer cases.
Prior arrest for a sex crime
against a child
child molesting were more likely to be
arrested for child molesting (6.4%) than
those who had no arrest record for sex
with a child (17%) (table 36)
All sex offenders
After their 1994 release from prison,
sex offenders with a prior arrest for
Table 36. Of sex offenders released from prison in 1994, percent rearrested
for a sex crime against a child, by prior arrest for a sex crime
against a child and type of sex offender
Sexual
Arrest prior to 1994 release All Rapists assauJters
Percent rearrested for a sex crime
against a child within 3 years
Total 2.2% 1.4% 2.5%
The arrest responsible for their
being in prison in 1994 was -..
Their first arrest for a sex crime against a child 1.7 1.3 1.9
Not their first arrest for a sex crime against a child 6.4 4.0 6.9
Percent of released prisoners
Total 100% 100% 100%
The arrest responsible for their
being in prison in 1994 was -.
Their first arrest for a sex crime against a child 89.7 94.3 87.5
Nol their first arrest for a sex crime against a child 10.3 5.7 12.5
Total released 9,691 3,115 6.576
Note: The 9,691 sex offenders were released in 15 Stales.
.By definilion. all sex offenders had alleast 1 arrest prior 10 their release: namely, lhe arrest
responsible for their being in prison in 1994. "First arrest for a sex crime against a child"
pertains exclusively to those released prisoners whose firsl arrest was the sex
offense arrest responsible for their being in prison in 1994.
Recidivism of Sex Offenders Released from Prison in 1994 31
Rapists and sexual assaullers
After being released in 1994, 4.0% of
rapists with a prior arrest record for
child molesting and 1.3% of those
without were arrested for child molest-
ing. The same pattern - having a
history of alleged child molesting was
associated with a greater likelihood of
arrest for child molesting - was found
for sexual assaulters. Those with a
prior arrest had a 6.9% rate; those
without, 1.9%.
Child molesters and statutory rapists
The 4,295 released child molesters fell
into 2 categories: 1) 3,509 (81.7% of
the 4,295) whose criminal record prior
to their 1 994 release contained no
more than 1 arrest for a sex offense
against a child (this was the offense for
which they were imprisoned); and 2)
786 (18.3%) whose record showed the
arrest for their imprisonment offense
plus at least one earlier arrest for a sex
offense against a child (table 37). After
release, 7.3% of the 786 and 2.4% of
the 3,509 were rearrested for molesting
another child, indicating that child
molesters with multiple arrests for child
molesting in their record posed a
greater risk of repeating their crime
than their counterparts.
Similarly, the 443 statutory rapists
consisted of -
. 356 (80.4%) whose first arrest for a
sex offense against a child was the
arrest that resulted in their current
imprisonment
.87 (19.6%) with more than 1 prior
arrest for a sex offense against a child.
The 87 were more likely to be
rearrested for child molesting (6.9%)
than the 356 (1.4%).
Molester's and child's ages at time
of imprisonment offense
Child molesters
The released child molesters were all
men who were arrested. convicted, and
Table 37. Of child molesters and statutory rapists released from prison in 1~94'
percent rearrested for a sex crime against a child, by prior arrest for a sex crime
against a child
Child Statutory
Arrest prior to 1994 release molesters rapists
Percent rearrested for a se:lC
crime against a child within 3 years
The arrest responsible for their being in prison in 1994 was -.
Their first arrest for a sex crime against a child
Not their first arrest fOf a sex crime against a child
Percent of released prisoners
3.3% 2.5%
2.4 1.4
7.3 6.9
100% 100%
81.7 804
18.3 19.6
The arrest responsible for their being in prison in 1994 was-"
Their first arrest for a sex crime against a child
Not their first arrest for a sex crime against a child
Total released 4,295 443
Note: The 4,295 child molesters were released in 15 States; the 443 statutory rapists in 11
States. Because of overlapping definitions, aU statutory rapists also appear under the column
"child molesters."
*By definition. all sex offenders had at least 1 arrest prior to their release the arrest responsible for
their being in prison in 1994. "First arrest for a sex crime against a child" pertains exclusively to
those released prisoners whose first arrest was responsible for their being in prison in 1994.
Table 38. Among child molesters released from prison in 1994, the molester's
age when he committed the crime that resulted in his imprisonment, the child's
age, and percent rearrested for a sex crime against a child
Age characteristic
Child molester's age when he committed
the sex crime tor which imprisoned"
18-24
25-29
30-34
35-39
40-44
45 or older
Percent
of total
Percent of released child molesters
rearrested for a sex crime
aQainsl a child within 3 years
19.7%
17.4
1B.7
16.3
11.5
16.4
4.1%
3.\
3.3
12
2.8
3.0
Age of child he was imprisoned for molestlngb
13 or younger 60.3%
14-15 30.5
16-17 9.2
28%
3.7
1.2
How much older he was than the child
he was imprisoned for molesting
Up to 5 years older
5 10 9 years older
10 to 19 years older
20 or more years older
3.9%
13.6
341
48.4
4.9'%
3.6
32
2.5
Total first releases 3,104 3.104
Note: The 3,104 child molesters were released in 13 Stales. Figures are based on first releases
only, those offenders leaving prison for the first time since beginning their sentence. First
releases exclude those who left prison in 1994 but who had previously been released under
the same senlence and had returned to prison for violating the conditions of release. Dala
idenlifying the child molester's age were reported for 100% of the released child molesters.
Data identifying the approximate age of the child were reported for 88.1 %.
-The molester's age at the time of the crime for which imprisoned was estimated by subtracting
6 months (the approximate average lime from arrest to sentencing) from his age at admission.
bThe approximate age of the ctlild Mhe waS imprisoned for molesting" was usually obtained from
the State statute the molester was convicted of violating.
*percentage based on 10 or fewer cases.
32 Recidivism of Sex Offenders Released from Prison in 1994
sentenced to prison for a sex crime
against a child. At the time they
committed their imprisonment offense,
most (62.9%) were age 30 and older,
and most (603%) molested a child
who was age 13 or younger (table 38).
Some of the victims were below age 7.
Nearly half of the men (48.4%) were 20
years or more older than the child they
were imprisoned for molesting.
Among the men who were in prison for
molesting a child age 13 or younger
and who were released in 1994 for that
crime, 2.8% were subsequently
arrested for molesting another child.
Of those whose imprisonment offense
was against a 14- or 15-year-old, 3.7%
had a new arrest for child molesting
after their release. Of the men who
were in prison for molesting a 16- or
17-year-old, 1.2% were arrested by
police for molesting another child after
leaving prison in 1994.
Among the men who were 20 years or
more older than the child they were
imprisoned for molesting, 2.5% were
rearrested for another sex offense
against a child within the first 3 years
following their release. That is a lower
rate than the 3.2% rate for men who
were 10 to 19 years older than the child
victim in their imprisonment offense,
and compared to the 3.6% for those 5
to 9 years older than the victim in their
imprisonment offense.
State where rearrested for a sex
crime against a child
When sex offenders were arrested for
new sex crimes against children after
their release. the new arrest typically
occu rred in the same State that
released them. Those arrests are
referred to as "in-State" arrests. When
arrests occurred in a different State,
they are referred to as "out-of-State."
All sex offenders
Of the 9,691 sex offenders, 209 were
rearrested for child molesting after their
TO---'"
l--T
release from prison in 1994 (table 39).
In 180 cases (86.3%), the alleged
crime took place in the State that
released him. In the 29 others (13.7%),
it occurred elsewhere.
Sex offenders compared
to non-sex offenders
The 15 States in this study released
262,420 non-sex offenders in 1994, of
whom 1,042 were rearrested for a sex
crime against a child (not shown in
table). Of the 1,042 arrests, 11% were
out-at-State rearrests. The comparable
figure for released sex offenders was
higher: 14% (table 39).
Rapists and sexual assaulters
Forty-four released rapists and 165
released sexual assaulters were
rearrested for a sex crime against a
child within 3 years. Out-of-State
arrests for child molesting accounted
for 13.5% of the 44 rearrested rapists
and 13.7% of the 165 rearrested sexual
assaulters.
Child molesters and statutory rapists
Police arrested 141 of the 4,295
released child molesters for repeating
their crime (table 40). For 126 of them
(89.2%), the new arrest for child
molesting was in the same State that
released them. For 15 (10.8%). the
new charges for child molesting were
filed in a different State
Of the 443 statutory rapists released
from prison in 1994, 11 were
rearrested for child molesting. All 11
of the arrests were in the same State
that released the men.
Table 39. Where sex offenders were rearrested for a sex crime against a child
following their release from prison in 1994, by type of sex offender
Percent of rearrested prisoners
State where rearrested Sexual
within 3 years All Rapists assaullers
Total 100% 100% 100%
Same Slate where released 86.3 86.5 86.3
Another Stale 13.7 13.5 13.7
Total rearrested (or a new
sex crime against a child 209 44 165
Nole: The 209 rearrested sex offenders were released in 10 Slates,
but table percentages are based on 9 Stales.
Table 40. Where child molesters and statutory rapists were rearrested for a
sex crime against a child following their release from prison in 1994
Percent of rearrested prisoners
Child Statutory
State where rearrested within 3 years molesters rapists
Total 100% 100%
Same Stale where released 89.2 100
Another Slate 10.8 0
T alai rearrested for a new
sex crime against a child 141 11
Note: The 141 rearrested child molesters were released in 9 Slates,
but table percentages arc based on 8 Stales. The 11 rearrested
statutory rapists were released in 3 Stales, but table percentages
are based on 2 Slates.
Recidivism of Sex Offenders Released from Prison in 1994 33
Rearrest for other types of crime
All sex offenders
Of the 9,691 male sex offenders
released from prison in 1994 -
.43% (4,163 men) were rearrested
for a crime of any kind (table 41)
. 5.3% (517 men) were rearrested
for a sex offense
. 17.1% (1,658 men) were rearrested
for a violent crime
. 13.3% (1,285 men) were rearrested
for a property crime of some kind.
Of the 9,691 released men, 168 (1.7%)
were rearrested for rape and 396
(4.1%) were rearrested for sexual
assault. The 168 rearrested for rape
plus the 396 rearrested for sexual
assault totals 564, which is 47 9reater
than the total 517 who were rearrested
for a sex crime. The reason is that 47
men were rearrested for both rape and
sexual assault
The category of violent crime for which
a prisoner was most likely to be
rearrested was assault (8.8%, or 848 of
the 9,691); the category least likely was
homicide (0.5%, or 45 of the 9,691
men).
Just over 1 in 5 sex offenders (2,045
out of 9,691) were rearrested for a
public-order offense, such as a parole
violation or traffic offense.
Rapists and sexual assaulters
Among the 3,115 released rapists -
. 46% (1,432) were rearrested
for a crime of any kind
. 18.7% (582) were rearrested
for a violent crime
. 0.7% (22) were rearrested for
homicide
. 14.7% (459) were rearrested
for a property offense.
A relatively small percentage of rapists
(2.5%, or78 of the 3,115)were
charged with repeating the crime for
which they were imprisoned.
Among the 6,576 released sexual
assaulters -
. 41.5% (2,731) were rearrested
for a crime of any kind
. 16.4% (1,076) were rearrested
for a violent crime
. 0.3% (23) were rearrested
for killing someone
. 12.6% (626) were rearrested
for a property offense.
Nearly 1 in 20 released sexual
assaulters (4.7%, or 308 of the 6,576)
were charged with committing the
same type of crime for which had just
served time in prison.
Table 41. Rearrest rate of sex offenders released from prison in 1994,
by type of sex offender and charge at rearrest
Percent rearrested for specified
offense within 3 years
Sexual
Rearrest charae All Rapists assaullers
All charges. 43.0% 46.0% 41.5%
Violent offenses~ 17.1% 18_7% 16.4%
Homjcide~ 05 0.7 0.3
Sex offensed 53 5.0 5.5
Rape 1.7 2.5 1.4
Sexual assault 4.1 2.8 4.7
Robbery 2.7 3.9 2.1
Assault 8.8 8.7 8.8
Property offensese 13.3% 14_7% 12.6%
Burglary 3.8 44 3.5
Larceny/theft 5.7 6.1 5.6
Molor vehicle then 17 2.3 1.4
Fraud 2.1 1.8 22
Drug offenses' 10.0% 112% 94%
Public-order otfensesg 21.1% 20.4% 21.4%
Other offenses 59% 50% 6.3%
Total released 9,691 3,115 6,576
Note: The 9,691 sex offenders were released in 15 States. Detail may not add to totals
because persons may be rearrested for more than one type 01 charge.
"All offenses include any offense type listed in footnotes b through f plus
"other" and "unknown" offenses.
~Total violenl offenses include homicide, kidnaping, rape, other sexual assault, robbery,
assaults, and other violence.
cHomicide includes murder, voluntary manslaughter, vehicular manslaughter, negligent
manslaughter, nonnegllgent manslaughter, unspecified manslaughter, and unspecified homicide.
"Includes both rape and sexual assault.
"Total property offenses include burglary, larceny, motor vehicle theft, fraud, forgery,
embezzlement, arson, slolen property, and other forms of property offenses.
'Drug offenses include drug trafficking, drug possession, and other forms of drug offenses.
9Pubtic-order offenses include traffic offenses, weapon offenses, probation and parole
violations, court-related offenses. dIsorderly conduct. and other such offenses.
34 Recidivism of Sex Offenders Released from Prison in 1994
Child molesters and statutolY rapists
Of the 4,295 child molesters released
from prison in 1994 -
. 39.4% (1,693) were rearrested
for a crime of any kind (table 42)
. 0.4% (17) were rearrested
for intentionally or negligently
killing someone.
Child molesters were less likely to be
rearrested for a property crime (10.6%,
456 of 4,295) than a violent crime
(14.1%,607 of 4,295).
Of the 443 statutory rapists released
in 1994-
. 49.9% (221) were rearrested
for some new crime
. 0.7% (3) were rearrested for homicide
. 22.6% (100) were rearrested
for a property crime
. 21.2% (94) were rearrested
for a violent crime.
Table 42. Rearrest rate of child molesters and statutory rapists released
from prison in 1994, by charge at rearrest
Percent rearrested for specified
offense within 3 years
Child Statutory
Rearrest charge molesters rapists
An charges. 39.4% 49.9'10
Violent oHenses~ 14.1% 21.2%
Homicide< 0.4 07
Sex offensed 5.1 5.0
Rape 1.3 1.6
Sexual assault 4.4 3.6
Robbery 1.7 4.3
Assault 7.1 12.6
Property offenses. 10.6% 22.6%
Burglary 28 4.3
Larceny/theft 4.6 10.8
Motor vehicle theft 1.5 38
Fraud 1.9 3.6
Drug offenses' 8.6% 12.0%
Public-order offensesg 20.0% 27.1%
Other offenses 7.8% 4.3%
Total released 4,295 443
Note: The 4,295 child molesters were released i(l15 Slates; the 443 statutory rapists in 11
States. Because of overlapping definitions, all statutory rapists also appear under the column
"child molesters." Derail may not add to tolals because of rounding.
-All offenses include any offense type listed in foolnotes b through f plus "other" and "unknown"
offenses.
bTotal violent offenses include homicide, kidnaping, rape, olher sexual assault. robbery,
assaults, and other violence.
<Homicide includes murder, voluntary manslaughter, vehicular manslaughter, negligent
manslaughter, nonnegligent manslaughter, unspecified manslaughter. and unspecified homicide,
dlncludes both rape and sexual assault.
"Total property offenses include burglary, larceny. molor vehicle theft. fraud, forgery,
embezzlement. arson, stolen property, and other forms of property offenses.
'Drug offenses include drug trafficking, drug possession. and other forms of drug offenses.
PPublic-order offenses include traffic offenses. weapon offenses, probalion and parole violations,
court-related offenses, disorderly conduct. and other such offenses.
Recidivism of Sex Offenders Released from Prison in 1994 35
Victims of sex crimes
Survey of State inmates Among inmates who were in prison for percent of the inmates reported their
a sex crime against a child, the child child victims to have been strangers.
The 9,691 prisoners in this study were was the prisoner's own child or step- Among adult victims, 34% were
all men sentenced to prison for sex child in a third of the cases. Seven strangers to their attacker.
crimes. Characteristics of the victims
of lhese sex crimes were largely Characteristics of victims of rape or sexual assault, for which male inmates
unavailable for the study. For informa- were serving a sentence in State prisons, 1997
tion on imprisoned sex offenders and Percent of victims of rape or sexual assault
their victims, data were drawn from a Victim aQe
survey covering the approximately Victim characteristic All 18 years or older Under 18 years
73,000 male sex offenders in State Total 100% 100% 100%
prisons nationwide in 1997. Gender
Mare 8.8% 2.8% 11.1%
Of the 73,000 victims of their sex Female 91.2 97.2 88.9
crimes - Race
. about 90% were female While 732% 66.0% 76.4%
. nearly 75% were white Black 228 30.2 19.4
. 89% were non-Hispanic Other 40 3.8 4.2
. 36% were below age 13 Hispanic origin
. altogether, 70% were under age 18. Hispanic 11.3% 9.9% 12.1%
Non-Hispanic B8.7 90.1 87.9
Child victims of sex crimes were more Age
likely than adult victims to be male 12 or under 36.4% -- 516%
13-17 34.1 .- 48.4
(11% versus 3%). Whites made up 18-24 10.8 36.7% --
76% of child victims and 66% of adult 25.34 112 37.9 --
victims. 35.34 7.0 23.8 -.
55 or over 0.5 1.6 --
The biggest difference between child Victim was the prisoner's -
victims and adult victims was their Spouse 11% 3.8% 0%
relationship to the man who committed Ex~spouse 0.6 2.0 0
ParenUstepparent 0.6 0.4 0.6
the sex crime: Own child 11.5 1.4 15.7
Stepchild 11.2 0.4 158
Among cases where the victim was Siblingfstepsibling 1.3 0.4 1.7
under 18, the boy or girl was the Other relative 9.4 2.1 12.7
prisoner's own child (16%), stepchild Boyfgirlfriend 55 8.2 4.4
Ex-boyfgirlfriend 1.1 2.0 0.8
(16%), sibling or stepsibling (2%), or Friendfex.friend 22.7 24.8 22.0
other relative (13%) in nearly half of all Acquaintancefother 194 20.1 19.6
child victim cases (46%). Among Stranger 15.6 34.4 6.7
cases where the victim was an adult, Total estimated number 73,116 20,958 50,027
the victim was a relative less Note: Data are from the BJS Survey of Inmates in State Correctional Facilities, 1997. This table
often (11%). is based on 73,116 prisoners who reported having one victim in the crime for which they were
sentenced to prison. (They accounted for approximately 64% of all incarcerated male sex
offenders in 1997.) Data identifying victim's sex were reported for 99.8% of the 73,116 males
incarcerated for sex crimes: victim's race were reported for 98.9%: Hispanic origin for 98.2%:
victim's age for 97.1%: victim's relationship to prisoner for 96.3%. Detail may not sum to total
due to missing data for age of victim.
uNot applicable.
36 Recidivism of Sex Offenders Released from Prison in 1994
Methodology
3-year fol/owup period
For analytic purposes, "3 years" was
defined as 1,096 days from the day of
release from prison. Any rearrest,
reconviction, or re-imprisonment occur-
ring after 1.096 days from the 1994
release was not included. A conviction
after 1,096 days was not counted even
if it resulted from an arrest within the
period.
Separating sex offenders into four
types
The report gives statistics for four types
of sex offenders. Separating sex offen-
ders into the four types was done using
information - in particular, the statute
number for the imprisonment offense,
.the literal version of the statute, a
numeric FBI code (called the "NCIC"
code, short for "National Crime Infor-
mation Center") indicating what the
imprisonment offense was, and miscel-
laneous other information - available
in the prison records on the 9,691 men.
However, the prison records obtained
for the study did not always contain all
four pieces of information on the
imprisonment offense. Moreover, the
available offense information was not
always detailed enough to reliably
distinguish different types of sex
offenders.
The process of sorting sex offenders
into different types involved first creat-
ing the study's definitions of the four
types, and then determining which
State statute numbers, which literal
versions of those statutes, and which
NCIC codes conformed to the defini-
tions. Each inmate was next classified
into one of the types (or possibly into
more than one type, since the four are
not mutually exclusive) depending on
whether the imprisonment offense
information available on him fit the
study's definition.
An obstacle to classifying sex offenders
into types was that the labels" rape,"
"sexual assault: "child molestation,"
"statutory rape" were not widely used in
State statutes, and when they were
used they did not always conform to
the study's definitions of them. In
deciding which type of sex offender to
classify the prisoner as, importance
was attached not to the label the law
gave to his conviction offense, but to
how well the law's definition of the
offense fit the study's definition of the
type.
Sex offenders compared to non-sex
offenders
in 1994, prisons in 15 States released
272,111 prisoners, representing
two-thirds of all prisoners released in
the United States that year. Among the
272.111 were 262,420 released prison-
ers whose imprisonment offense was
not a sex offense. Non-sex offenders
include inmates, both male and female,
who were in prison for violent crimes
(such as murder or robbery), property
crimes (such as burglary or motor
vehicle theft), drug crimes, and public
order offenses. Like the 9,691 male
sex offenders examined in this report,
all non-sex offenders were serving
prison terms of one year or more in
State prison when they were released
in 1994.
At various places, this report compares
9,691 released male sex offenders to
262,420 released non-sex offenders.
While labeled "non-sex offenders," the
262,420 actually includes a small
number- 87- who are sex offenders.
The 87 are all the female sex offenders
released from prisons in the 15 States
in 1994.
Ages of molested and allegedly
molested children
Information on the ages of molested
children was needed for two calcula-
tions: 1) age of the child the released
sex offender was sent to prison for
molesting, and 2) age of the child alleg-
edly molested by the released sex
offender during the 3-year fOllow-up
period. The most frequent source of
both was a sex statute: either the sex
statute the offender was imprisoned for
violating, or the statute the released
prisoner was charged with violating
when he was rearrested for a sex
crime. The former was obtained from
the prison records assembled for the
study; the laller. from the assembled
arrest records.
None of the sex statutes was found to
apply to a victim of a specific age; for
example, just to 12-year-olds. But
some were found to apply just to
children in a certain age range; for
example, under 12, or 13 to 15, or 16
to 17. While specific ages of children
could not be obtained from statutes,
the availability of information on age
ranges at least made it possible to
obtain approximate ages. The rule that
was adopted was to record the victim's
(or alleged victim's) age as the upper
limit of a statute's age range. To illus-
trate, a statute might indicate that the
complainanUvictim be "at least 13 but
less than 16 years of age." In that case.
the age of the child was recorded as
15, since the statute indicated the
upper limit of the age range as any age
"less than 16." As another example, if a
statute indicated the complainanU
victim be "under 12 years of age:' the
child's age was recorded as 11. as the
phrasing of the age range did not
include 12-year-olds, only those "under
12." Because the victim (or alleged
victim) was always assigned the age of
the oldest person in the age range, the
study made the victims (or alleged
victims) appear older than they actually
were.
How missing data were handled in the
report
In many instances. the data needed to
calculate a statistic were not available
for all 9,691 released sex offenders.
For example, the 9,691 were released
in 15 States, but data needed to deler-
mine the number reconvicted were only
available for the 9,085 released in 14 of
the 15 Of the 9,085, 2,180 (24%) were
reconvicted. When data were missing,
the statistic was computed on those
Recidivism of Sex Offenders Released from pnson in 1994 37
cases in which the data were available,
but treated both in the tables and in the
text as though it were based on the
totat population. For example, "24%" is
the statistic that appears in all tables
and text that give the percent recon-
victed; and since 24% of 9,691 is
2,326. the text says that "2,326 of the
9.691 were reconvicted," despite the
fact that the "24%" was actually ob-
tained by dividing 2,180 by 9,085. The
text could have been written to say
"2,180 of the 9,085 were reconvicted,"
but that wasn't done because introduc-
ing a new denominator (9,085) into the
text would have created confusion for
the reader.
Missing data on out-of-State rearrests
Because of missing information, the
study was unable to determine how
many inmates released from New York
prisons were rearrested outside of New
York. The study was able to document
how many prisoners released in the
other 14 States were rearrested
outside the State that released them.
Because of incomplete New York data,
the report's recidivism rates are
somewhat deflated.
Missing data on rearrest for a sex
crime
According to arrest records compiled in
the study, 4,163 of the 9,691 released
sex offenders were rearrested for a
new crime of some kind. II was not
always possible to determine from
these records whether the new crime
was a sex crime. For 202 rearrested
prisoners, the arrest record did not
identify the type of crime. For the rest
the record did identify the type but the
offense label was not always specific
enough to distinguish sex crimes from
other crimes. For example, if the label
said "contributing to the delinquency of
a minor," "indeceny," "morals offense,"
"family offense," or .child abuse," the
offense was coded as a non-sex crime
even though, in some unknown
number of cases, it was actually a sex
crime.
According to arrest records, 5.3% of
the 9,691 (517 out of 9,691) released
sex offenders were rearrested for
another sex crime. For the two reasons
described immediately above, 5.3%
was probably an undercount of how
many were rearrested for a sex crime.
How much of an undercount could not
be firmly determined from the data
assembled for the study. However, a
conservative measure of the size of the
undercount was obtained from the
data. The study database included 121
rearrested sex offenders whose arrest
record did not indicate they were
rearrested for a sex crime (the rearrest
was either for a non-sex crime or for an
unknown type of crime) but whose
court record did indicate they were
charged with a sex crime. When the
study calculated the percentage
rearrested for a sex crime, the 121
were not included among the 517 with
a rearrest for a sex crime. Had the 121
been included in the calculation of the
rearrest rate, the total number
rearrested for a sex crime would have
been 638 rather than 517, and the
percentage rearrested for a sex crime
would have been 6.6% rather than
53%. This suggests an undercount of
about 1 percentage point.
Texas prisonels classified as "other
type of release"
Texas released 692 male sex offend-
ers in 1994, of which 129 were classi-
fied as release category "17", defined
as .other type of release." Numerous
data quality checks were run on the
129 and the 64 of them who were
rearrested. The rearrest rate for the
129 was about average for Texas
releases. But numerous anomalies
were found for the 64 who were
rearrested;
1. The rearrest offense for the 64 was
always missing from their arrest record
2. The date of rearrest for the 64 was
always the same as their release date
3. Virtually all 64 were reconvicted for a
sex crime
4. The sentence length imposed for
their new sex crime was identical to the
38 Recidivism of Sex Offenders Released from Prison in 1994
sentence they were serving when
released in 1994.
Because of these anomalies, the 129
were excluded from the calculation of
"percent reconvicted for a sex crime."
Counting rules
In this report. rearrest was measured
by counting the number of different
persons who were rearrested at least
once. A released prisoner who was
rearrested several times or had multi-
ple rearrest charges filed against him
was counted as only one rearrested
person. The same counting rule
applied to reconviction and the other
recidivism measures.
If a released prisoner was rearrested
several times, his earliest rearrest was
used to calculate his time-to-rearrest.
The same counting rule applied to
reconviction and recidivism defined as
a new prison sentence.
If a released prisoner had both in-State
and out-of-State rearrests, he was
counted as having an out-of-State
rearrest regardless of whether the
out-of-State rearrest was his earliest
rearrest. The same rule applied in
cases where the released prisoner had
both felony and misdemeanor
rearrests, or both sex crime and
non-sex crime rearrests. The person
was counted as having a felony
rearrest or a sex crime rearrest regard-
less of temporal sequence.
The aim of these rules was to count
people, not events. The only tables in
the report that do not follow the rule are
tables 41 and 42.
First release
All 15 States had first releases. but
they could not be identified in 1 State
(Ohio). They could be identified in
Michigan, but Michigan data on
sentence length did not fit the study's
definition. Since sentence length was
critical to several statistics calculated
from data on first releases (for
example, percent of sentence served),
Michigan was excluded from all tables
based on first releases.
Analysis of statutory rape laws
The publication's analysis of statutory
rape laws in the United States benefit-
ted greatly from the report "Sexual
Relationships Between Adult Males
and Young Teen Girls: Exploring the
Legal and Social Responses," by
Sharon G. Elstein and Nay Davis,
American Bar Association, Center on
Children and the Law, October 1997.
Sampling error
In 1994 State prisons in 15 States
released 302,309 prisoners altogether.
A total of 38,624 were sampled for a
recidivism study. Results of that study
and information regarding sampling
and other methodological details are
available in the BJS publication Recidi-
vism of Prisoners Released in 1994,
NCJ 1 93427, June 2002.
The 302,309 total released consisted
of 10,546 released sex offenders plus
291,763 released non-sex offenders.
The 38,624 sample consisted of
10.546 released sex offenders plus
28,078 released non-sex offenders.
The number of sex offenders in the
sample was the same as the number in
the 302,309 total because all sex
offenders released in 1994 in the 15
States were selected for the study, not
a sample of them.
Because no sampling was used to
select sex offenders, numbers and
percentages in this report for sex
offenders were not subject to sampling
error. However, comparisons in the
report between sex offenders and
non-sex offenders were subject to
sampling error because sampling was
used to select non-sex offenders.
Where sex offenders were compared
to all non-sex offenders released in
1994, sampling error was taken into
account. All differences discussed
were statistically significant at the. 05
level.
Not all 1 0,546 sex offenders in the
sample were used in the report. To be
in the report, the sex offender had to
be male and meet all 4 of the following
criteria:
1. A RAP sheet on the prisoner was
found in the State criminal history
repository.
2. The released prisoner was alive
throughout the entire 3-year followup
period. (This requirement resulted in 21
sex offenders' being excluded.)
3. The prisoner's sentence was greater
than 1 year (missing sentences were
treated as greater than 1 year).
4. The State department of corrections
that released the prisoner in 1994 did
not designate him as any of the follow-
ing release types: release to
custody/detainer/warrant. absent
without leave, escape, transfer, admin-
istrative release, or release on appeal.
A total of 9,691 released male sex
offenders met the selection criteria.
The number of them released in each
State is shown in the appendix table.
Other methodological details
To help the reader understand the
percentages provided in the report,
both the numerator and denominator
were otten given. In most cases, the
reader could then reproduce the
percentages. For example, the report
indicates 38.6% (3,741) of the 9,691
sex offenders were returned to prison.
Appendix table. Number of sex
offenders released from State prisons
in 1994 and number selected for this
report, by State
Sex offenders
released from
prison in 1994
Selected
to be in
Slate Total this report
Total 10.546 9.691
Arizona 156 122
California 3.503 3.395
Delaware 53 45
Florida 1.053 965
Illinois 775 710
Maryland 277 243
Michigan 477 444
Minnesota 249 239
New Jersey 449 429
New York 799 692
North Carolina 508 441
Ohio 824 606
Oregon 452 408
Texas 708 692
Virginia 263 260
Note: "Totar released" includes both male and
female sex offenders; "Total selected to be in
this report" includes only male sex offenders.
Using the 3,741 and the 9,691, the
reader could exactly reproduce the
results. However, the reader should be
aware that in a few places, the calcu-
lated percentages will differ slightly
from the percentages found in the
report. This is due to rounding. For
example, 43.0%, or 4.163, of the 9,691
sex offenders were rearrested;
however, 4,163/9,691 is 42.96%,
which was rounded to 43.0%.
Offense definitions and other methodo-
logical details are available in the BJS
publication Recidivism of Prisoners
Released in 1994, NCJ 193427, June
2002.
Recidivism of Sex Offenders Released from Prison in 1994 39
40 Recidivism of Sex Offenders Released from Prison in 1994
Center For Sex Offender Management
Recidivism of Sex Offenders
May 2001
Introduction
The criminal justice system manages most
convicted sex offenders with some
combination of incarceration, community
supervision, and specialized treatment
(Knopp, Freeman-Longo, and Stevenson,
1992). While the likelihood and length of
incarceration for sex offenders has increased
in recent years,' the majority are released at
some point on probation or parole (either
immediately following sentencing or after a
period of incarceration in prison or jail).
About 60 percent of all sex offenders
managed by the U.S. correctional system
are under some form of conditional
supervision in the community (Greenfeld,
1997).
While any offender's subsequent reoffending
is of public concern, the prevention of
sexual violence is particularly important,
given the irrefutable harm that these
offenses cause victims and the fear they
generate in the community. With this in
mind, practitioners making decisions about
how to manage sex offenders must ask
themselves the following questions:
.
What is the likelihood that a specific
offender will commit subsequent sex
crimes?
Under what circumstances is this
offender least likely to reoffend?
What can be done to reduce the
likelihood of reoffense?
.
.
1 Since 1980, the number of imprisoned sex offenders has
grown by more than 7 percent per year (Greenfeld. 1997). In
1994. nearly one in ten state prisoners were incarcerated for
committing a sex offense (Greenfeld, 1997).
The study of recidivism-the commission of
a subsequent offense-is important to the
criminal justice response to sexual offending.
If sex offenders commit a wide variety of
offenses, responses from both a public
policy and treatment perspective may be no
different than is appropriate for the general
criminal population (Quinsey, 1984).
However, a more specialized response is
appropriate if sex offenders tend to commit
principally sex offenses.
The purpose of this paper is to examine the
critical issues in defining recidivism and
provide a synthesis of the current research
on the reoffense rates of sex offenders. The
following sections summarize and discuss
research findings on sex offenders, factors
and conditions that appear to be associated
with reduced sexual offending, and the
implications that these findings have for sex
offender management. Although studies on
juvenile sex offender response to treatment
exist, the vast majority of research has
concentrated on adult males. Thus, this
paper focuses primarily on adult male sex
offenders.
Issues in the Measurement of Sex
Offender Recidivism
Research on recidivism can be used to
inform intervention strategies with sex
offenders. However, the way in which
recidivism is measured can have a marked
difference in study results and applicability
to the day-to-day management of this
criminal population. The following section
explores variables such as the population(s)
of sex offenders studied, the criteria used to
ESlab/is/100. in J~ne 1997. CSOM's goal ~s (0 enhance public safely by preventing further victimization through improving the management of
adult andjuvmJ1e sex offenders who are m the community. A collaborative ('ffort ofthe Office of ]U$lice Programs. the Nationc1! Institute of
Corrections, and the 5t8fe justice Institute, CSOM is administered by the Center for Effective PubliC Policy and the American Probation and
Parole Association.
measure recidivism. the types of offenses
studied, and the length of time a study
follows a sample. Practitioners must
understand how these and other study
variables can affect conclusions about sex
offender recidivism, as well as decisions
regarding individual cases,
Defining the Sex Offender Population
Studied
Sex offenders are a highly heterogeneous
mixture of individuals who have committed
violent sexual assaults on strangers,
offenders who have had inappropriate sexual
contact with family members, individuals
who have molested children, and those who
have engaged in a wide range of other
inappropriate and criminal sexual behaviors.
If we group various types of offenders and
offenses into an ostensibly homogenous
category of "sex offenders," distinctions in
the factors related to recidivism will be
masked and differential results obtained
from studies of reoffense patterns. Thus,
one of the first issues to consider in
reviewing any study of sex offender
recidivism is how "sex offender" is defined;
who is included in this category, and, as
important. who is not.
Sex offenders are a highly heterogeneous mixture
of individuals who have committed violent sexual
assaults on strangers, offenders who have had
inappropriate sexual contact with family
members. individuals who have molested
children. and those who have engaged in a wide
range of other Inappropriate and crimina' sexual
behaviors.
Defining Recidivism
Although there is common acceptance that
recidivism is the commission of a
subsequent offense, there are many
operational definitions for this term. For
example, recidivism may occur when there
is a new arrest, new conviction, or new
commitment to custody. Each of these
criteria is a valid measure of recidivism, but
each measures something different. While
the differences may appear minor, they will
lead to widely varied outcomes.
. Subsequent Arrest-Using new charges
or arrests as the determining criteria for
"recidivism" will result in a higher
recidivism rate, because many individuals
are arrested but for a variety of reasons,
are not convicted.
. Subsequent Conviction-Measuring new
convictions is a more restrictive criterion
than new arrests, resulting in a lower
recidivism rate. Generally, more
confidence is placed in reconviction,
since this involves a process through
which the individual has been found
guilty. However, given the process
involved in reporting, prosecution, and
conviction in sex offense cases, a
number of researchers favor the use of
more inclusive criteria (e.g., arrests or
charges) .
. Subsequent Incarceration-Some studies
utilize return to prison as the criterion for
determining recidivism. There are two
ways in which individuals may be
returned to a correctional institution.
One is through the commission of a new
offense and return to prison on a new
sentence and the other is through a
technical violation of parole. The former
is by far the more restrictive criterion,
since an offender has to have been found
guilty and sentenced to prison.
Technical violations typically involve
violations of conditions of release, such
as being alone with minor children or
consuming alcohol. Thus, the use of this
definition will result in the inclusion of
individuals who may not have committed
a subsequent criminal offense as
recidivists. When one encounters the
use of return to prison as the criterion for
recidivism, it is imperative to determine if
this includes those with new convictions,
technical violations, or both.
2
Underestimating Recidivism
Reliance on measures of recidivism as
reflected through official criminal justice
system data obviously omit offenses that
are not cleared through an arrest or those
that are never reported to the police. This
distinction is critical in the measurement of
recidivism of sex offenders. For a variety of
reasons, sexual assault is a vastly
underreported
crime. The
National Crime
Victimization
Surveys (Bureau of
Justice Statistics)
conducted in
1994. 1995, and 1998 indicate that only 32
percent (one out of three) of sexual assaults
against persons 12 or older are reported to
law enforcement. A three-year longitudinal
study (Kilpatrick. Edmunds. and Seymour,
1992) of 4,008 adult women found that 84
percent of respondents who identified
themselves as rape victims did not report
the crime to authorities. (No current studies
indicate the rate of reporting for child sexual
assault. although it is generally assumed
that these assaults are equally
underreported,) Many victims are afraid to
report sexual assault to the police. They
may fear that reporting will lead to the
following:
Several studies support
the hypothesis that
sexual offense recidivism
rates are underreported.
. further victimization by the offender;
. other forms of retribution by the offender
or by the offender's friends or family;
. arrest. prosecution. and incarceration of
an offender who may be a family
member or friend and on whom the
victim or others may depend;
. others finding out about the sexual
assault (including friends. family
members. media. and the public);
. not being believed; and
. being traumatized by the criminal justice
system response.
These factors are compounded by the
shame and guilt experienced by sexual
assault victims. and, for many, a desire to
put a tragic experience behind them. Incest
victims who have experienced criminal
justice involvement are particularly reluctant
to report new incest crimes because of the
disruption caused to their family. This
complex of reasons makes it unlikely that
reporting figures will change dramatically in
the near future and bring recidivism rates
closer to actual reoffense rates.
Several studies support the hypothesis that
sexual offense recidivism rates are
underreported. Marshall and Barbaree
(1990) compared official records of a sample
of sex offenders with "unofficial" sources of
data. They found that the number of
subsequent sex offenses revealed through
unofficial sources was 2.4 times higher than
the number that was recorded in official
reports. In addition, research using
information generated through polygraph
examinations on a sample of imprisoned sex
offenders with fewer than two known
victims (on average). found that these
offenders actually had an average of 110
victims and 318 offenses (Ahlmeyer. Hell.
McKee, and English, 2000). Another
polygraph study found a sample of
imprisoned sex offenders to have extensive
criminal histories. committing sex crimes for
an average of 16 years before being caught
(Ahlmeyer, English, and Simons. 1999).
Offense Type
For the purpose of their studies. researchers
must determine what specific behaviors
qualify sex offenders as recidivists. They
must decide if only sex offenses will be
considered, or if the commission of any
crime is sufficient to be classified as a
recidivating offense. If recidivism is
determined only through the commission of
a subsequent sex offense. researchers must
consider if this includes felonies and
misdemeanors. Answers to these
fundamental questions will influence the
level of observed recidivism in each study.
3
Length of Follow-Up
Studies often vary in the length of time they
"follow-up" on a group of sex offenders in
the community. There are two issues of
concern with follow-up periods. Ideally, all
IndiViduals in any given study should have
the same length of time "at risk" -time at
large in the community-and, thus, equal
opportunity to commit subsequent offenses.
In practice, however, this almost never
happens. For instance, in a 10-year follow-
up study, some subjects will have been in
the community for eight, nine, or 10 years
while others may have been out for only two
years. This problem is addressed by using
survival analysis, a methodology that takes
Into account the amount of time every
subject has been in the community, rather
than a simple percentage,
Additionally, when researchers compare
results across studies, similar time at risk
should be used in each of the studies.
Obviously, the longer the follow-up period,
the more likely reoffense will occur and a
higher rate of recidivism will be observed.
Many researchers believe that recidivism
studies should ideally include a follow-up
period of five years or more.
Effect on Recidivism Outcomes
What are we to make of these caveats
regarding recidivism-do they render
recidivism a meaningless concept? On the
contrary, from a public policy perspective,
recidivism is an invaluable measure of the
performance of various sanctions and
interventions with criminal offenders.
However, there is often much ambiguity
surrounding what appears to be a simple
statement of outcomes regarding recidivism.
In comparing the results of various
recidivism studies, one should not lose sight
of the issues of comparable study samples,
crrteria for recidivism, the length of the
follow-up period, information sources utilized
to estimate risk of reoffense, and the
likelihood that recidivism rates are
underestimated.
Factors Associated with Sex
Offender Recidivism
In many instances, policies and procedures
for the management of sex offenders have
been driven by public outcry over highly
publiCized sex offenses. However, criminal
justice practitioners must avoid reactionary
responses that are based on public fear of
this population. Instead, they must strive to
make management decisions that are based
on the careful assessment of the likelihood
of recidivism. The identification of risk
factors that may be associated with
recidivism of sex offenders can aid
practitioners in devising management
strategies that best protect the community
and reduce the likelihood of further
victimization.
It is crucial to keep in mind, however, that
there are no absolutes or "magic bullets" in
the process of identifying these risk factors.
Rather, this process is an exercise in
isolating factors that tend to be associated
with specific behaviors. While this
association reflects a likelihood, it does not
indicate that all individuals who possess
certain characteristics will behave in a
certain manner. Some sex offenders will
inevitably commit subsequent sex offenses,
In spite of our best efforts to identify risk
factors and institute management and
treatment processes aimed at minimizing
these conditions. Likewise, not all sex
offenders who have reoffense risk
characteristics will recidivate.
The identificat;on of risk factors that may be
associated with recidivism of sex offenders can'
aid pra~titioners in devising management
strategies that best protect the community and
reduce the likelihood of further victimization.
4
This section explores several important
aspects in the study of recidivism and
identification of risk factors associated with
sex offenders' commission of subsequent
crimes.
Application of Studies of General Criminal
Recidivism
The identification of factors associated with
criminal recidivism ha s been an area of
significant research over the past 20 years.
This work has fueled the development of
countless policies and instruments to guide
sentencing and release decisions throughout
the criminal justice system. If one assumes
that sex offenders are similar to other
criminal offenders, then the preponderance
of research should assist practitioners in
identifying risk factors in this population as
well. Gottfredson and Hirschi (1990) argued
that there is little specialization among
criminal offenders. In this view, robbers
also commit burglary and those who commit
assaults also may be drug offenders. The
extensive research on recidivism among the
general criminal population has identified a
set of factor~ that are consistently
associated With subsequent criminal
behavior. These factors include being
young, having an unstable employment
history, abusing alcohol and drugs, holding
pro-criminal attitudes, and associating with
other criminals (Gendreau, Little, and
Goggin, 1996).
However, there is some evidence that
suggests that sexual offending may differ
from other criminal behavior (Hanson and
Bussiere, 1998). Although sex offenders
may commit other types of offenses, other
types of offenders rarely commit sex
offenses (Bonta and Hanson, 1995; Hanson,
Steffy, and Gauthier, 1995). If this is the
case, then a different set of factors may be
associated with the recidivism of sex
offenders than for the general offender
population. This statement is reinforced by
the finding that many persistent sex
offenders receive low risk scores on
instruments designed to predict recidivism
among the general offender population
(Bonta and Hanson, 1995).
Identification of Static and Dynamic Factors
Characteristics of offenders can be grouped
into two general categories. First. there are
historical characteristics, such as age, prior
offense history, and age at first sex offense
arrest or conviction. Because these items
typically cannot be altered, they are often
referred to as static factors. Second are
those characteristics, circumstances, and
attitudes that can change throughout one's
life, generally referred to as dynamic factors.
Examples of dynamic characteristics include
drug or alcohol use, poor attitude (e.g.. low
remorse and victim blaming), and intimacy
problems. The identification of dynamic
factors that are associated with reduced
recidivism holds particular promise in
effectively managing sex offenders because
the strengthening of these factors can be
encouraged through various supervision and
treatment strategies.
Dynamic factors can further be divided into
stable and acute categories (Hanson and
Harris, 1 998). Stable dynamic factors are
those characteristics that can change over
time, but are relatively lasting qualities.
Examples of these characteristics include
deviant sexual preferences or alcohol or drug
abuse. On the other hand, Hanson and
Harris (1998) suggest that acute dynamic
factors are conditions that can change over
a short period of time. Examples include
sexual arousal or intoxication that may
immediately precede a reoffense.
Understanding Base Rates
Understanding the concept of "base rates" is
also essential when studying sex offender
recidivism. A base rate is simply the overall
rate of recidivism of an entire group of
offenders. If the base rate for an entire
group is known (e.g., 40 percent), then,
without other information, practitioners
s
would predict that any individual in this
group has approximately a 40 percent
chance of recidivating. If static or dynamic
factors related to recidivism are identified,
error rates can be improved and this
information can be used to make more
accurate assessments of the likelihood of
rearrest or reconviction. However, if the
base rate is at one extreme or the other,
additional information may not significantly
improve accuracy. For instance, if the base
rate were 10 percent, then practitioners
would predict that 90 percent of the
individuals in this group would not be
arrested for a new crime. The error rate
would be difficult to improve, regardless of
what additional information may be available
about individual offenders. In other words,
if we simply predicted that no one would be
rearrested, we would be wrong only 10
percent of the time.
It is quite difficult to
ma ke accurate
individual
predictions in such
extreme situations.
A base rate is simply
the overall rate of
recidivism of an entire
group of offenders.
What has come to be termed as "the low
base rate problem" has traditionally plagued
sex offender recidivism studies (Quinsey,
1980), As noted previously, lack of
reporting, or underreporting, is higher in
crimes of sexual violence than general
criminal violence and may contribute to the
low base rate problem. The following
studies have found low base rates for sex
offender populations:
. Hanson and Bussiere (1998) reported an
overall recidivism rate of 13 percent.
. Grumfeld and Noreik (1986) found a 10
percent recidivism rate for rapists.
. Gibbens, Soothill, and Way (1978)
reported a 4 percent recidivism rate for
incest offenders.
Samples of sex offenders used in some
studies may have higher base rates of
reoffense than other studies. Quinsey
(1984) found this to be the case in his
summary of sex offender recidivism studies,
as have many other authors who have
attempted to synthesize this research.
There is wide variation in results, in both the
amount of measured recidivism and the
factors associated with these outcomes. To
a large degree, differences can be explained
by variations in the sample of sex offenders
involved in the studies. Although this is a
simple and somewhat obvious point. this
basic fact is "responsible for the
disagreements and much of the confusion in
the literature" on the recidivism of sex
offenders (Quinsey, 1984).
Furthermore, results from some studies
indicate that there may be higher base rates
among certain categories of sex offenders
(Quinsey, Laumiere, Rice, and Harris, 1995;
Quinsey, Rice, and Harris, 1995). For
example, in their follow-up study of sex
offenders released from a psychiatric facility,
Quinsey, Rice, and Harris (1995) found that
rapists had a considerably higher rate of
rearrest/reconviction than did child
molesters.
Conversely, Prentky, Lee, Knight, and Cerce
(1997) found that over a 25-year period,
child molesters had higher rates of reoffense
than rapists. In this study, recidivism was
operationalized as a failure rate and
calculated as the proportion of individuals
who were rearrested using survival analysis
(which takes into account the amount of
time each offender has been at risk in the
community). Results show that over longer
60%
New Sex Offense Charges (Failure Rate)
Prentky, Lee, Knight and Cerce (1997)
52%
50%
40%
Rapisls (N=136)
.Child Molesters (N=115)
30%
20%
10%
0%
1 Year
5 Years
10 Years
25 Years
6
periods of time. child molesters have a
higher failure rate-thus, a higher rate of
rearrest-than rapists (52 percent versus 39
percent over 25 years).
Making Sense of Contradictory Findings
Studies on sex offender recidivism vary
widely in the quality and rigor of the
research design, the sample of sex offenders
and behaviors included in the study, the
length of follow-up, and the criteria for
success or failure. Due to these and other
differences, there is often a perceived Jack
of consistency across studies of sex
offender recidivism. For example, there
have been varied results regarding whether
the age of the offender at the time of
institutional release is associated with
subsequent criminal sexual behavior. While
Beck and Shipley (1987) found that there
was no relationship between these variables,
Clark and Crum (1985) and Marshall and
Barbaree (1990) suggested that younger
offenders were more likely to commit future
crimes. However, Grunfeld and Noreik
(1986) argued that older sex offenders are
more likely to have a more developed
fixation and thus are more likely to reoffend.
A study by the Delaware Statistical Analysis
Center (1984) found that those serving
longer periods of incarceration had a lower
recidivism rate-while Roundtree, Edwards,
and Parker (1984) found just the opposite.
To a large degree, the variation across
individual studies can be explained by the
differences in study populations. Schwartz
and Cellini (1997) indicated that the use of a
heterogeneous group of sex offenders in the
analysis of recidivism might be responsible
for this confusion:
"Mixing an antisocial rapist with a
socially skilled fixated pedophile
with a developmentally disabled
exhibitionist may indeed produce a
hodgepodge of results. "
Similarly, West. Roy, and Nichols (1978)
noted that recidivism rates in studies of sex
offenders vary by the characteristics of the
offender sample. Such a situation makes
the results from follow-up studies of
undifferentiated sex offenders difficult to
interpret (Quinsey, 1998).
One method of dealing with this problem is
to examine recidivism studies of specific
types of sex offenders. This approach is
warranted, given the established base rate
differences across types of sex offenders.'
Marshall and Barbaree (1990) found in their
review of studies that the recidivism rate for
specific types of offenders varied:
.
Incest offenders ranged between 4 and
10 percent.
Rapists ranged between 7 and 35
percent.
Child molesters with female victims
ranged between 10 and 29 percent.
Child molesters with male victims ranged
between 13 and 40 percent.
Exhibitionists ranged between 41 and 71
percent.
.
.
.
.
In summary, practitioners should recognize
several key points related to research
studies on sex offender recidivism. First,
since sexual offending may differ from other
criminal behavior, research specific to sex
offender recidivism is needed to inform
interventions with sex offenders. Second,
researchers seek to identify static and
dynamic factors associated with recidivism
of sex offenders. In particular, the
identification of. and support of, "positive"
dynamic factors may help reduce the risk of
2 Recent research suggests that many offenders have
histories of assaulting across genders and age groups, rather
than against only one specific victim population. Researchers
in a 1999 study (Ahlmeyer. English, and Simons) found that,
through polygraph examinations, the number offenders who
"crossed over" age groups of victims is extremely high. The
study revealed that before polygraph examinations, 6 percent
of a sample of incarcerated sex offenders had both child and
adult victims. compared to 71 percent after polygraph exams.
Thus, caution must be taken in placing sex offenders in
exclusive categories.
7
recidivism. Third, although research studies
on recidivism of sex offenders often appear
to have contradictory findings, variations in
outcomes can typically be explained by the
differences in the study populations. Finally,
since base rate differences have been
identified across types of sex offenses, it
makes sense to study recidivism of sex
offenders by offense type.
Review of Studies
The following sections present findings from
various studies of the recidivism of sex
offenders within offense categories of
rapists and child molesters.' Overall
recidivism findings are presented, along with
results concerning the factors and
characteristics associated with recidivism.
Rapists
There has been considerable research on the
recidivism of rapists across various
institutional and community-based settings
and with varying periods of follow-up. A
follow-up study of sex offenders released
from a maximum-security psychiatric
institution in California found that 10 of the
57 rapists (19 percent) studied were
reconvicted of a rape within five years, most
of which occurred during the first year of
the follow-up period (Sturgeon and Taylor,
1980). These same authors reported that
among 68 sex offenders not found to be
mentally disordered who were paroled in
1973, 19 (28 percent) were reconvicted for
a sex offense within five years.
In a study of 231 sex offenders placed on
probation in Philadelphia between 1966 and
1969, 11 percent were rearrested for a sex
offense and 57 percent were rearrested for
3 The studies included in this paper do not represent a
comprehensive overview of the research on sex offender
recidivism. The studies included represent a sampling of
available research on these populations and are drawn from
to highlight key points.
any offense (Romero and Williams, 1985).
Rice, Harris, and Quinsey (1990) conducted
a more recent study of 54 rapists who were
released from prison before 1983. After
four years, 28 percent had a reconviction for
a sex offense and 43 percent had a
conviction for a violent offense.
50%
54 Sex Offenders Released Before 1983
Rice, Harris. and Quinscy, 1990 43%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Reconvicted for 5e)l Offense Reconvicted for Violent Offense
In their summary of the research on the
recidivism of rapists, Quinsey, Lalumiere,
Rice, and Harris (1995) noted that the
significant variation in recidivism across
studies of rapists is likely due to differences
in the types of offenders involved (e.g.,
institutionalized offenders, mentally
disordered offenders, or probationers) or in
the length of the follow-up period. They
further noted that throughout these studies,
the proportion of offenders who had a prior
sex offense was similar to the proportion
that had a subsequent sex offense. In
addition, the rates of reoffending decreased
with the seriousness of the offense. That is,
the occurrence of officially recorded
recidivism for a nonviolent nonsexual
offense was the most likely and the
incidence of violent sex offenses was the
least likely.
Child Molesters
Studies of the recidivism of child molesters
reveal specific patterns of reoffending
across victim types and offender
characteristics. A study involving mentally
disordered sex offenders compared same-
sex and opposite-sex child molesters and
incest offenders. Results of this five.year
8
follow-up study found that same-sex child
molesters had the highest rate of previous
sex offenses (53 percent), as well as the
highest reconviction rate for sex crimes (30
percent). In comparison, 43 percent of
opposite-sex child molesters had prior sex
offenses and a reconviction rate for sex
crimes of 25 percent, and incest offenders
had prior convictions at a rate of 11 percent
and a reconviction rate of 6 percent
(Sturgeon and Taylor, 1980). Interestingly,
the recidivism rate for same-sex child
molesters for other crimes against persons
was also quite high, with 26 percent having
reconvictions for these offenses. Similarly,
a number of other studies have found that
child molesters have relatively high rates of
nonsexual offenses (Quinsey, 1984).
80%
A Comparison of Offense Rates for Incest
Offenders and Child Molesters 53%
SrUr eon and Ta lor, 7980
50%
40%
Reoffense
30% .Previous Offense -25%
20%
10%
0%
Incest Offenders Opposite Sex Child Same Sex Child
Molesters Moleslers
Several studies have involved follow-up of
extra-familial child molesters. One such
study (Barbaree and Marshall, 1988)
included both official and unofficial
measures of recidivism (reconviction, new
charge, or unofficial record). Using both
types of measures, researchers found that
43 percent of these offenders (convicted of
sex offenses involving victims under the age
of 16 years) sexually reoffended within a
four-year follow-up period. Those who had
a subsequent sex offense differed from
those who did not by their use of force in
the offense, the number of previous sexual
assault victims, and their score on a sexual
index that included a phallometric
assessment' In contrast to other studies of
child molesters, this study found no
difference in recidivism between opposite-
sex and same-sex offenders.
In a more recent study (Rice, Quinsey, and
Harris, 1991). extra-familial child molesters
were followed for an average of six years.
During that time, 31 percent had a
reconviction for a second sexual offense.
Those who committed subsequent sex
offenses were more likely to have been
married, have a personality disorder, and
have a more serious sex offense history than
those who did not recidivate sexually. In
addition, recidivists were more likely to have
deviant phallometrically measured sexual
preferences (Quinsey, Lalumiere, Rice, and
Harris, 1995).
Those who committed subsequent sex offenses
were more likely to have been married, have a
personality disorder, and have a more serious sex
offense history than those who did not recidivate
sexually.
In a study utilizing a 24-year follow-up
period, victim differences (e.g., gender of
the victim) were not found to be associated
with the recidivism (defined as those
charged with a subsequent sexual Offense)
of child molesters. This study of 111 extra-
familial child molesters found that the
number of prior sex offenses and sexual
preoccupation with children were related to
sex offense recidivism (Prentky, Knight and
Lee, 1997). However, the authors of this
study noted that the finding of no victim
differences may have been due to the fact
that the offenders in this study had an
average of three prior sex offenses before
their prison release. Thus, this sample may
have had a higher base rate of reoffense
than child molesters from the general prison
population.
4 Also referred to as plethysmography: a device used to
measure sexual arousal (erectile response) to both
appropriate (age appropriate and consenting) and deviant
sexual stimulus material.
9
Probationers
Research reviewed to this point has almost
exclusively focused upon institutional or
prison populations and therefore, presumably
a more serious offender population. An
important recent study concerns recidivism
among a group of sex offenders placed on
probation (Kruttschnitt. Uggen, and Shelton,
2000). Although the factors that were
related to various types of reoffending were
somewhat similar with regard to subsequent
sex offenses, the only factor associated with
reducing reoffending in this study was the
combination of stable employment and sex
offender treatment. Such Findings
emphasize the importance of both formal
and informal social controls in holding
offenders accountable for their criminal
behavior. The findings also provide support
for treatment services that focus on coping
with inappropriate sexual impulses,
fantasies, and behaviors through specific sex
offender treatment.
Synthesis of Recidivism Studies
There have been several notable efforts at
conducting a qualitative or narrative
synthesis of studies of the recidivism of sex
offenders (Quinsey, 1984; Furby, Weinrott.
and Blackshaw, 1989: Quinsey, Lalumiere,
Rice, and Harris, 1995; Schwartz and
Cellini, 1997). Such an approach attempts
to summarize findings across various studies
by comparing results and searching for
patterns or trends. Another technique,
known as meta-analysis, relies upon a
quantitative approach to synthesizing
research results from similar studies. Meta-
analysis involves a statistically sophisticated
approach to estimating the combined effects
of various studies that meet certain
methodological criteria and is far from a
simple lumping together of disparate studies
to obtain average effects.
Meta-analyses have certain advantages over
more traditional summaries in that through
the inclusion of multiple studies, a reliable
estimation of effects can be obtained that is
generalizable across studies and samples.
As noted earlier, the results obtained from
individual studies of sex offenders are
heavily influenced by the sample of
offenders included in the research.
Therefore, there is much to be gained
through the use of meta-analysis in
summarizing sex offender recidivism (see
Quinsey, Harris, Rice, and Lalumiere, 1993).
As has also previously been observed, it is
imperative to distinguish between sex
offense recidivism and the commission of
other subsequent criminal behavior, as well
as the type of current sex offense. One of
the most widely recognized meta-analyses
of sexual offender recidivism (Hanson and
Bussiere, 1998) was structured around
these dimensions.
Meta-Analysis Studies
In Hanson and Bussiere's meta-analysis, 61
research studies met the criteria for
inclusion, with all utilizing a longitudinal
design and a comparison group. Across all
studies, the average sex offense recidivism
rate (as evidenced by rearrest or
reconviction) was 1 8.9 percent for rapists
and 12.7 percent for child molesters over a
four to five year period. The rate of
recidivism for nonsexual violent offenses
was 22.1 percent for rapists and 9.9
percent for child molesters, while the
recidivism rate for any reoffense for rapists
was 46.2 percent and 36.9 percent for child
molesters over a four to five year period.
However, as has been noted previously and
as these authors warn, one should be
cautious in the interpretation of the data as
these studies involved a range of methods
and follow-up periods.
Perhaps the greatest advantage of the meta-
analysis approach is in determining the
relative importance of various factors across
10
studies. Using this technique, one can
estimate how strongly certain offender and
offense characteristics are related to
recidivism because they show up
consistently across different studies.
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Meta-Analysis of 61 Studies
HaMon and Bussiere, 199B
Child Molesters
_Rapists
Sexual Reoffense Nonsexual Violent Any Reotfense
Reoffense
I n the 1998 Hanson and Bussiere study,
these characteristics were grouped into
demographics, criminal lifestyle, sexual
criminal history, sexual deviancy, and
various clinical characteristics. Regarding
demographics, being young and single were
consistently found to be related, albeit
weakly, to subsequent sexual offending.
With regard to sex offense history, sex
offenders were more likely to recidivate if
they had prior sex offenses, male victims,
victimized strangers or extra-familial victims,
begun sexually offending at an early age,
and/or engaged in diverse sex crimes.
The factors that
were found
through this
analysis to have
the strongest
relationship with sexual offense recidivism
were those in the sexual deviance category:
sexual interest in children, deviant sexual
preferences, and sexual interest in boys.
Failure to complete treatment was also
found to be a moderate predictor of sexual
recidivism. Having general psychological
problems was not related to sexual offense
recidivism. but having a personality disorder
was related. Being sexually abused as a
Sexual interest in children
was the strongest
predictor of reCidivism
across all studies.
child was not related to repeat sexual
offending.
Studies that Focus on Dynamic Factors
As noted earlier, the detection of dynamic
factors that are associated with sexual
offending behavior is significant, because
these characteristics can serve as the focus
of intervention. However, many recidivism
studies (including most of those previously
discussed) have focused almost exclusively
on static factors, since they are most readily
available from case files. Static, or
historical, factors help us to understand
etiology and permit predictions of relative
likelihood of reoffending. Dynamic factors
take into account changes over time that
adjust static risk and informs us about the
types of interventions that are most useful in
lowering risk.
In a study focused on dynamic factors,
Hanson and Harris (199B) collected data on
over 400 sex offenders under community
supervision, approximately one-half of whom
were recidivistsS The recidivists had
committed a new sexual offense while on
community supervision during a five-year
period (1992-1997). A number of
significant differences in stable dynamic
factors were discovered between recidivists
and non-recidivists. Those who committed
subsequent sex offenses were more likely to
be unemployed (more so for rapists) and
have substance abuse problems. The non-
recidivists tended to have positive social
influences and were more likely to have
intimacy problems. There also were
considerable attitudinal differences between
the recidivists and non-recidivists. Those
who committed subsequent sex offenses
were less likely to show remorse or concern
for the victim. In addition, recidivists tended
to see themselves as being at little risk for
5 For the purposes of this study, recidivism was defined as a
conviction or charge for a new sexual offense. a non-sexual
criminal charge that appeared to be sexually motivated. a
violation of supervision conditions for sexual reasons, and
self.disclosure by the offender.
11
committing new offenses, were less likely to
avoid high-risk situations and were more
likely to report engaging in deviant sexual
activities. In general, the recidivists were
described as having more chaotic. antisocial
lifestyles compared to the non-recidivists
(Hanson and Harris, 1998).
The researchers concluded that sex
offenders are:
".. . at most risk of reoffending when they
become sexually preoccupied, have access
to victims, fail to acknowledge their
recidivism risk, and show sharp mood
increases, particularly anger. "
In sum, because meta-analysis findings can
be generalized across studies and samples,
they offer the most reliable estimation of
factors associated with the recidivism of sex
offenders. Most meta-analysis studies,
however. have focused on static factors. It
is critical that more research be conducted
to identify
dynamic
factors
associated
with sex
offender
recidivism. These factors will assuredly
provide a foundation for developing more
effective intervention strategies for sex
offenders.
These (dynamic) factors will
assuredly provide a foundation
for developing more effective
intervention strategies for sex
offenders.
Characteristics"' of recidivists include:
. multiple victims;
It diverse victims;
It stranger victims;
It juvenile sexual offenses:
It multiple paraphilias;
. history of abuse and neglect;
It long-term separations from parents;
It negative relationships with their mothers;
diagnosed antisocial personality disorder;
It unemployed;
It substance abuse problems; and
It chaotic, antisocial lifestyles.
*It should be noted that these are not necessarily risk. factors.
Impact of Interventions on Sex
Offender Recidivism
Although not the primary purpose of this
document. a few words regarding sex
offender treatment and supervision are in
order. Factors that are linked to sex
offender recidivism are of direct relevance
for sex offender management. If the
characteristics of offenders most likely to
recidivate can be isolated, they can serve to
identify those who have the highest
likelihood of committing subsequent sex
offenses. They can also help identify
offender populations that are appropriate for
participation in treatment and specialized
supervision and what the components of
those interventions must include.
Treatment
When assessing the efficacy of sex offender
treatment, it is vital to recognize that the
delivery of treatment occurs within different
settings. Those offenders who receive
treatment in a community setting are
generally assumed to be a different .
population than those who are treated In .
institutions. Thus, base rates of reCidivating
behavior will differ for these groups prior to
treatment participation.
Sex offender treatment typically consists of
three principal approaches:
. the cognitive-behavioral approach, which
emphasizes changing patterns of thinking
that are related to sexual offending and
changing deviant patterns of arousal;
. the psycho-educational approach, which
stresses increasing the offender's
concern for the victim and recognition of
responsibility for their offense; and
. the pharmacological approach, which is
based upon the use of medication to
reduce sexual arousal.
In practice, these approaches are not
mutually exclusive and treatment programs
12
are increasingly utilizing a combination of
these techniques.
Although there has been a considerable
amount of writing on the relative merits of
these approaches and about sex offender
treatment in general, there is a paucity of
evaluative research regarding treatment
outcomes. There have been very few
studies of sufficient rigor (e.g., employing an
experimental or quasi-experimental design)
to compare the effects of various treatment
approaches or comparing treated to
untreated sex offenders (Quinsey, 1998).
Using less rigorous evaluation strategies,
several studies have evaluated the outcomes
of offenders receiving sex offender
treatment. compared to a group of offenders
not receiving treatment. The results of
these studies are mixed. For example,
Barbaree and Marshall (1988) found a
substantial difference in the recidivism rates
of extra-familial child molesters who
participated in a community based cognitive-
behavioral treatment program, compared to
a group of similar offenders who did not
receive treatment. Those who participated
in treatment had a recidivism rate of 18
percent over a four-year follow-up period,
compared to a 43 percent recidivism rate for
the nonparticipating group of offenders.
50%
45%
40%
35%
30%
25%
20%
Comparison of Recidivism Rates of Treated and_
Untreated Child Molesters 43%
Barbaree and Marshall, 1988
15%
10%
5%
0%
Treated Child Molesters
Untreated Child Molesters
However, no positive effect of treatment
was found in several other quasi-
experiments involving an institutional
behavioral program (Rice, Quinsey, and
Harris, 1991) or a milieu therapy approach in
an institutional setting (Hanson, Steffy, and
Gauthier. 1993).
On the other hand, an evaluation of a
cognitive-behavioral program that employs
an experimental design presented preliminary
findings that suggest that participation in
this form of treatment may have a modest
(though not statistically significant) effect in
reducing recidivism. After a follow-up
period of 34 months, 8 percent of the
offenders in the treatment program had a
subsequent sex offense, compared with 13
percent of the control group, who had also
volunteered for the program, but were not
selected through the random assignment
process (Marques, Day, Nelson, and West,
1994).
Some studies present optimistic conclusions
about the effectiveness of programs that are
empirically based, offense-specific, and
comprehensive. A 1995 meta-analysis
study on sex offender treatment outcome
studies found a small, yet significant,
treatment effect (Hall, 1995). This meta-
analysis included 12 studies with some form
of control group. Despite the small number
of subjects (1,313), the results indicated an
8 percent reduction in the recidivism rate for
sex offenders in the treatment group.
Recently, Alexander (1999) conducted an
analysis of a large group of treatment
outcome studies, encompassing nearly
11,000 sex offenders. In this study, data
from 79 sex offender treatment studies were
combined and reviewed. Results indicated
that sex offenders who participated in
relapse prevention treatment programs had a
combined rearrest rate of 7.2 percent,
compared to 17.6 percent for untreated
offenders. The overall rearrest rate for
6 For the purposes of this study. recidivism was measured by
additional sexually aggressive behavior, including official legal
charges as well as, in some studies, unofficial data such as
self.report.
13
treated sex offenders in this analysis was
13.2 percent.'
20%
18%
16%
Rearrest Rates 01 Treated and
Untreated Sex Offenders 17.6%
Alexander. 1999
14%
12%
10%
8%
6%
4%
2%
0%
Relapse Prevention All Treated Offenders Untreated Offenders
Treatmenl
The Association for the Treatment of Sexual
Abusers (A TSA) has established a
Collaborative Data Research Project with the
goals of defining standards for research on
treatment, summarizing existing research,
and promoting high quality evaluations. As
part of this project. researchers are
conducting a meta-analysis of treatment
studies. Included in the meta-analysis are
studies that compare treatment groups with
some form of a control group. Preliminary
findings indicate that the overall effect of
treatment shows reductions in both sexual
recidivism, 10 percent of the treatment
subjects to 17 percent of the control group
subjects, and general recidivism, 32 percent
of the treatment subjects to 51 percent of
the control group subjects (Hanson, 2000)"
Just as it is difficult to arrive at definitive
conclusions regarding factors that are
related to sex offender recidivism, there are
similarly no definitive results regarding the
effect of interventions with these offenders.
Sex offender treatment programs and the
results of treatment outcome studies may
vary not only due to their therapeutic
approach, but also by the location of the
treatment (e.g., community, prison, or
psychiatric facility). the seriousness of the
7 length of follow-up in this analysis varied from ressthan
one year to more than five years. Most studIes In thIS
analysis indicated a three to five year follow-up penod.
e Average length of follow-up in these studies waS four to
five years.
offender's criminal and sex offense history,
tile degree of self-selection (whether they
chose to participate in treatment or were
placed in a program), and the dropout rate of
offenders from treatment.
Juvenile Treatment Research
Research on juvenile sex offender recidivism
is particularly lacking. Some studies have
examined the effectiveness of treatment in
reducing subsequent sexual offending
behavior in youth. Key findings from these
studies include the following:
. Program evaluation data suggest that the
sexual recidivism rate for juveniles
treated in specialized programs ranges
from approximately 7 to 13 percent over
follow-up periods of two to five years
(Becker, 1990).
. Juveniles appear to respond well to
cognitive-behavioral and/or relapse
prevention treatment, with rearrest rates
of approximately 7 percent through
follow-up periods of more than five years
(Alexander, 1999).
. Studies suggest that rates of nonsexual
recidivism are generally higher than
sexual recidivism rates, ranging from 25
to 50 percent (Becker, 1990, Kahn and
Chambers, 1991, Schram, Milloy, and
Rowe, 1991).
In a recently conducted study, Hunter and
Figueredo (1999) found that as many as 50
percent of youths entering a community-
based treatment program were expelled
during the first year of their participation.
Those who failed the program had higher
overall levels of sexual maladjustment, as
measured on assessment instruments, and
were at greater long-term risk for sexual
recidivism.
Supervision
There has been little research on the
effectiveness of community supervision
14
programs (exclusively) in reducing reoffense
behavior in sex offenders. The majority of
supervision programs for seX offenders
involve treatment and other interventions to
contain offenders' deviant behaviors.
Therefore, it is difficult to measure the
effects of supervision alone on reoffending
behavior-to date. no such studies have
been conducted.
Evaluating the Effects of Interventions
Identification of factors associated with
recidivism of sex offenders can play an
important role in determining intervention
strategies with this population. Yet. the
effectiveness of interventions themselves on
reducing recidivism must be evaluated if the
criminal justice system is to control these
offenders and prevent further victimization.
However. not only have there been few
studies of sufficient rigor on treatment
outcomes. less rigorous study results thus
far have been mixed. Although one study
may find a substantial difference in
recidivism rates for offenders who
participated in a specific type of treatment.
another may find only a modest positive
treatment effect. and still other studies may
reveal no positive effects. There has been
even less research conducted to evaluate
the impact of community supervision
programs in reducing recidivism. More
studies measuring the effects of both
treatment and supervision are necessary to
truly advance efforts in the field of sex
offender management.
More 5tudies measuring the effects of both
I treatment and supervision are necessary to truly
advance efforts in the field of sex offender
management.
Implications for Sex Offender
Management
This paper presented a range of issues that
are critical in defining the recidivism of sex
offenders: Although there are certainly large
gaps In criminal justice knowledge regarding
the determinants of recidivism and the
characteristics of effective interventions.
what is known has significant implications
for polley and intervention.
The heterogeneity of sex offenders must be
acknowledged. Although sex offenders are
often referred to as a "type" of offender.
there are a wide variety of behaviors and
offender backgrounds that fall into this
classification of criminals (Knight and
Prentky. 1990). As mentioned earlier. many
sex offenders have histories of assaulting
across sex and age groups-recent research
(Ahlmeyer. Heil. McKee, and English. 2000)
found that these offenders may be even
more heterogeneous than previously
believed.
Criminal justice professionals must continue
to expand their understanding of how sex
offenders are different from the general
criminal population. Although some SeX
offenders are unique from the general
criminal population (e.g.. many extrafamilial
child molesters). others (e.g., many rapists)
possess many of the same characteristics
that are associated with recidivism of
general criminal behavior. As criminal
justice understanding of these offenders and
the factors associated with their behavior
increases. more refined classification needs
to be developed and treatment programs
need to be redesigned to accommodate
these differences.
Interventions should be based on the
growing body of knowledge about sex
offender and general criminal recidivism.
Research demonstrates that while sex
offenders are much more likely to commit
subsequent sexual offenses than the general
15
criminal population, they do not exclusively
commit sexual offenses. Therefore, some
aspects of intervention with the general
criminal population may have implications
for effective management of sex offenders.
Quinsey (1998) has recommended that in
the absence of definitive knowledge about
effective sex offender treatment, the best
approach would be to structure interventions
around what is known about the treatment
of offenders in genera I.
In the realm of interventions with general
criminal offenders, there is a growing body of
literature that suggests that the cognitive-
behavioral approach holds considerable promise,
In the realm of interventions with general
criminal offenders, there is a growing body
of literature that suggests that the cognitive-
behavioral approach holds considerable
promise (Gendreau and Andrews, 1990).
Cognitive-behavioral treatment involves a
comprehensive, structured approach based
on sexual learning theory using cognitive
restructuring methods and behavioral
techniques. Behavioral methods are
primarily directed at reducing arousal and
increasing pro-social skills. The cognitive
behavioral approach employs peer groups
and educational classes, and uses a variety
of counseling theories. This approach
suggests that interventions are most
effective when they address the
criminogenic needs of high-risk offenders
(Andrews, 1982). The characteristics of
programs that are more likely to be effective
with this population include skill-based
training, modeling of pro-social behaviors
and attitudes, a directive but non-punitive
orientation, a focus on modification of
precursors to criminal behavior, and a
supervised community component (Quinsey,
199B).
Although these program characteristics may
be instructive in forming the basis for
interventions with sex offenders, treatment
approaches must incorporate what is known
about this particular group of offenders. A
number of characteristics that are typically
associated with the recidivism of sex
offenders were identified in this document.
including: victim age, gender, and
relationship to the offender; impulsive,
antisocial behavior; the seriousness of the
offense; and the number of previous sex
offenses. Also, an influential factor in sex
offender recidivism is the nature of the
offender's sexual preferences and sexually
deviant interests. The discovery and
measurement of these interests can serve as
a focus for treatment intervention.
Dynamic factors should influence
individualized interventions. In addition,
dynamic factors associated with recidivism
should inform the structure of treatment and
supervision, as these are characteristics that
can be altered. These factors include the
formation of positive relationships with
peers, stable employment. avoidance of
alcohol and drugs, prevention of depression,
reduction of deviant sexual arousal, and
increase in appropriate sexual preferences,
when they exist.
Interventions that
strive to facilitate
development of
positive dynamic
factors in sex
offenders are
consistent with cognitive-behavioral or social
learning approaches to treatment. Such
approaches determine interventions based
upon an individualized planning process,
utilizing standard assessment instruments to
determine an appropriate intervention
strategy. As Quinsey (1998: 419) noted
"with the exception of antiandrogenic
medication or castration, this model is
currently the only approach that enjoys any
evidence of effectiveness in reducing sexual
recidivism. "
... dynamic factors
associated with recidivism
should inform the structure
of treatment and
supervision.. .
16
Conclusion
Although there have been many noteworthy
research studies on sex offender recidivism
in the last 15 to 20 years, there remains
much to be learned about the factors
associated with the likelihood of reoffense.
Ongoing dialogue between researchers and
practitioners supervising and treating sex
offenders is essential to identifying research
needs, gathering information about offenders
and the events leading up to offenses, and
ensuring that research activity can be
translated into strategies to more effectively
manage sex offenders in the community.
Ultimately, research on sex offender
recidivism must be designed and applied to
practice with the goals of preventing further
victimization and creating safer
communities.
Practitioners must continue to look to the
most up-to-date research studies on sex
offender recidivism to inform their
intervention strategies with individual
offenders. Researchers can minimize
ambiguity in study results by clearly defining
measures of recidivism, comparing distinct
categories of sex offenders, considering
reoffense rates for both sex crimes and a II
other offenses, and utilizing consistent
follow-up periods (preferably five years of
follow-up or more). In order to reduce
underestimations of the risk of recidivism,
they also must strive to gather information
about offenders' criminal histories from
multiple sources, beyond official criminal
justice data. In comparing results of various
studies, practitioners should not lose sight of
how these issues impact research outcomes.
Researchers must also continue to
accumulate evidence about the relationship
of static and dynamic factors to recidivism-
such data can assist practitioners in making
more accurate assessments of the likelihood
of reoffending. In particular, researchers
must strive to identify dynamic
characteristics associated with sex offending
behavior that can serve as the focus for
intervention. This information can be
utilized to categorize the level of risk posed
by offenders, and help determine whether a
particular offender is appropriate for
treatment and specialized supervision.
However, in order to make objective and
empirically based decisions about the type of
treatment and conditions of supervision that
would best control the offender and protect
the public, more rigorous research is needed
to study the effects of various treatment
approaches and community supervision on
recidivism.
Acknowledgements
Tim Bynum, Ph.D., Michigan State
University, School of Criminal Justice, was
the principal author of this paper, with
contributions by Madeline Carter, Scott
Matson, and Charles Onley. The Center for
Sex Offender Management would like to
thank David D'Amora, Kim English, Robert
Prentky, and Lloyd Sinclair for their
assistance and contributions to this article.
Kristin Littel and Scott Matson edited the
document.
Contact
Center for Sex Offender Management
8403 Colesville Road, Suite 720
Silver Spring, MD 20910
Phone: (301) 589-9383
Fax: (301) 589-3505
E"mail: askcsom@csom.org
Internet: www.csom.org
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This project was supported by Grant No. 97-WT-VX-K007. awarded by the Office of Justice Programs. U.S.
Department of Justice. Points of view in this document are those of the author and do not necessarily represent
the offiCIal position or policies of the U. S. Department of Justice.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
City commiSSiOtf
Eric M. Soroka, I
City Manager ~
Joanne Carr, AIC"" (~
Planning Director ~ .
BY:
DATE:
May 24, 2005
SUBJECT:
Proposed Amendment to Section 31-144(b), "Neighborhood Business (B1)
District" of the City's Land Development Regulations to permit dry cleaning
on premises as a conditional use in the district (01-LDR-05)
June 7, 2005 Local Planning Agency Agenda Item
1st Reading June 7, 2005 City Commission Meeting Agenda Item '7 (.\.
2nd Reading July ~ 2005 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission deny the request for amendment to Section
31-144(b), "Neighborhood Business District" of the City's Land Development RegulC1tions
to permit dry cleaning on premises as a conditional use in the district.
THE REQUEST
RJ LLC d/b/a Oxxo Care Cleaners is requesting an amendment to Section 31-144 (b) of
the City's Land Development Regulations to permit dry cleaning on premises as a
conditional use in the B1, Neighborhood Business District. (See Exhibit #1 for Letter of
Intent)
ANALYSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is not legally required. The amendment is requested by the
applicant to provide a mechanism for approval of a use not permitted in the
Neighborhood Business District.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is not consistent with the goals and objectives of the
Comprehensive Plan. Policy 5.1 of the Future Land Use Element provides that "when
evaluating compatibility among proximate land uses, the City shall consider such
factors as: noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic,
parking, heights, bulk, scale of architectural elements, landscaping, hours of operation,
buffering and safety, as applicable." In staff's opinion, an amendment to provide for
conditional use approval of a use in a B1 district that requires an Industrial Waste
Permit for storage and collection of waste products does not meet the safety criteria in
the compatibility measure.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is not consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." Again, in staff's opinion, an amendment to provide for
conditional use approval in a B1 district of a use that requires an Industrial Waste
Permit does not preserve the public health, safety and welfare.
4. The proposed amendment furthers the orderly development of/he City.
The proposed amendment does not further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment does not improve the administration or execution of the
development process.
Description of the Proposed Amendment
Oxxo Care Cleaners has applied for an amendment to Section 31-144(b), Neighborhood
Business (B1) District of the City Land Development Regulations to allow dry cleaning on
premises as a permitted use in the Neighborhood Business District. Currently, this district
2
allows only a drop-off/pick-up dry cleaning store. After discussion at its workshop meeting
of April 25, 2005, the City Commission directed staff to prepare an ordinance for first
reading allowing dry cleaning on premises as a conditional use in the B1 zoning district.
The draft ordinance is attached.
The Neighborhood Business (B 1) zoning district is our lowest intensity district for business
uses. The list of permitted and conditional uses is attached as Exhibit #2 and includes the
following:
. grocery stores and pharmacies limited to 2,000 square feet in total floor area
. small retail stores limited to 5,000 square feet in floor area
. personal service shops limited to 2,500 square feet of floor area. This category
includes laundromats open not earlier than 7 a.m. and closed not later than 11 p.m.
and photographic film pickup
. offices limited to 20,000 square feet in floor area
. banks and .financial institutions excluding drive-through facilities
. nursery schools, child center or adult day care with certain restrictions
. antique shops
. restaurants and coffee houses
Conditional uses in the B1 zoning district include:
. outdoor cafes
. residential uses as a combination of permitted business uses with the floor area of
the residential use not to exceed 50% of the floor area of the building
. drive-through facility
. above ground storage tanks for emergency generators with certain restrictions
. all uses in the Community Facilities District
In staff's opinion, dry cleaning on premises was originally not allowed in the B1 zoning
district because of the incompatibility of this use with other uses in the district. The
concerns would have been potential pollution of groundwater and other environmental
emissions from use of the solvents used in the dry-cleaning process. Although new
technology has produced dry-cleaning machines that do not use the environmentally
damaging perchloroethylene chemical, they still use a solvent that requires an Industrial
Waste Permit from the Miami-Dade County Department of Environmental Resources
Management (DERM) to ensure that waste products are properly stored and disposed.
None of the current conditional uses in the B1 district require an Industrial Waste Permit.
Dry-cleaning on premises is currently a permitted and compatible use in the B2,
Community Business District. The difference between the Neighborhood Business (B1)
and the Community Business (B2) zoning districts is that the B1 district is intended for
lower intensity neighborhood uses while the B2 district encompasses general commercial
activity for a wide range of goods and services.
3
History of the Proposed Amendment
The site that has made the application for amendment is located at 20708 Biscayne
Boulevard, was the site of the former "Chemist" pharmacy. In 1999, when the City's Land
Development Regulations were enacted, this site was zoned Medical Office (MO), as were
all properties in the hospital triangle area west of Biscayne Boulevard and north of NE 203
Street.
In January of 2004, this property, along with four others on the west side of Biscayne
Boulevard, was rezoned from Medical Office to Neighborhood Business. This change was
made to complement the 2004 zoning change in the south part of the hospital triangle,
namely, the change in minimum lot size from 1.5 acres to .5 acres to encourage small
offices, the requirement of streetscaping and street furniture; all to encourage a "hospital
neighborhood district".
Oxxo Care Cleaners opened its store as a drop off/pick up location in the fall of 2004.
Prior to opening its store, the owner was aware that the zoning district did not allow dry
cleaning on premises.' Several months after opening, it applied for an amendment to
allow that use. In its letter of intent, the applicant states that"... other uses of intensities
similar to dry cleaning, such as Laundromats and photo processing are already permitted
in the 8 1 zone. If the washing of clothes without limitation is permitted on premises in the
81 zoning district, it would appear that dry cleaning of clothes on premises should also be
a permitted use..." Staff points out two corrections to that statement. Firstly, photo
processing is not a permitted use in the B1 zone. Photographic film pickup only is
allowed. Secondly; dry cleaning is not similar to washing of clothes. An IW5 Industrial
Waste Permit is required by the Miami-Dade Department of Environmental Resources
Management (DERM) for any dry cleaning plant. DERM has confirmed that laundromats
do not require this permit. The permit is required for the particular type of dry cleaning
plant proposed by Oxxo Care Cleaners due to the waste products (used filters) that must
be properly stored and disposed of by a DERM approved hazardous waste collection
service. Although the design and type of dry cleaning machine proposed for this location
does not use the ground polluting perchloroethylene chemical, its waste products must still
be properly stored and disposed. A photograph of the dry cleaning plant proposed at the
Oxxo Care Cleaners store is attached as Exhibit #3.
The other properties in the City that would be affected by this proposed amendment to the
B 1 zoning district are the four other B 1 properties on the west side of Biscayne Boulevard,
the Turnberry U Parcel at East Country Club Drive and Yacht Club Way and the Town
Center (TC1) and Town Center Marine (TC2) districts which allows a combination of B1
and RMF3 uses.
Proposed Amendment
The amendment proposed by the applicant is to create a new ~aragraph 2(f) to Section
31-144(b) of the City's Land Development Regulations as follows:
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
4
(b) Neighborhood Business (B1) District.
***
(2) Conditional use. The following uses may be established if first
approved as a conditional use:
***
L Drv c1eaninq conducted on premises onlv if the drv c1eaninq
services are beinq directlv provided to the ultimate consumer as a
retail service. (Wholesale drv c1eaninq services are not permitted.)
Such drv cleaninq establishments must onlv use Class iliA. Class
IIIB or Class IV solvents as defined in NFPA 32. The drv c1eaninq
equipment shall be self-contained, completelv enclosed and equipped
with solvent recoverv units which prevent emissions of oblectionable
odors or effluents, and provided that such drv cleaninq establishments
must contain not more than 2,500 square feet of floor area.
***
The proposed amendment would allow an on-site dry cleaning plant in the B1 zoning
district to apply for conditional use approval under the City's Land Development
Regulations. The Class iliA, /lIB and Class IV solvents as defined in NFPA 32 (the
National Fire Protection Association standards) have higher flash points (lower
flammability) than other classes of solvents and are the solvents used in the type of dry
cleaning plant proposed by the applicant. .
proposed deletions from existing text.
5
.,
\
IrK)i~ ~ ~ ij WI ~!~
[I..! L'I DEe 15 2004 Ib
cn~M'WNITY DF'T' (i "'" I
Cliff. ^~fm~R ...i[ _t:_~._~':.:.-.._~j
(305) 579-0613
Direct Fax (305)961.5613
E-Mail: schulmanC@gtlaw.com
Greenberg
Traurig
December 15,2004
Via Hand Delivery
Joanne Carr, Planning Director
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
i
\
'-'
Exhibit #1
01-LDR-05
Re: Application for Amendment of Sections 31-144(b) "Neighborhood Business
District Bl" of the City's Land Development Regulations! Letter of Intent
Dear Ms. Carr:
On behalf of RJ LLC d/b!a OXXO Care Cleaners, I respectfully submit this letter of
intent in connection with the Application for Amendment of Sections 31-144(b) "Neighborhood
Business District BI" of the City's Land Development Regulations. Currently, this neighborhood
business district permits dry cleaning services not conducted on premises. The proposed
amendment (copy attached) would permit dry cleaning services on premises "only if the dry
cleaning services are being provided to the ultimate consumer as a retail service". The proposed
amendment also explicitly prohibits wholesale dry cleaning services. This amendment would
decrease the cost of dry cleaning services while increasing the level and quality of customer
service. Please note that other uses of intensities similar to dry cleaning, such as laundromats and
photo processing, are already permitted in the B 1 Zoning District. If the washing of clothes
without limitation is permitted on premises in the Bl Zoning District, it would appear that the
dry cleaning of clothes on premises should also be a permitted use.
We respectfully request that the City of A ventura give its favorable consideration to this
matter. If you have any questions or wish to discuss this matter further, please contact me at 305-
579-0613. Many thanks for your attention to this matter.
Sincerely,
~~-s~
.(9--Clifford A. Schulman
cc: Mr. Ricardo Moreno
Greenberg Traurig. PA 1 Attorneys at Law 11221 Brickell Avenue I Miami, Fl 33131 1 Tel 305.579.0500 [ Fax 305.579.0717 I www.gtlaw.com
LAND DEVELOPMENT REGULATIONS
~ 31-144
(b) Neighborhood Business (BJ) District. This district is intended to provide primarily for
retail sales and services to a surrounding neighborhood. Retail stores permitted therein are
intended to include primarily convenience goods which are usually a daily necessity for a
residential neighborhood. The district is appropriate for location on a collector or an arterial
roadway.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses provided the requirements set forth elsewhere in this section are satisfied:
a. Grocery stores and pharmacies with each store limited to 2,000 square feet of
total floor area.
b. Stores for sale of new merchandise, directly to the ultimate consumer only, with
each use limited to 5,000 square feet of total floor area per use and limited to the
following: hardware, bakery, shoes, dairy, meat market, poultry shop, bookstore,
newsstand, tailor shop, florist, giftlcard shop, optical, sporting goods, leather
goods, music store, luggage, sundries, notions, tobacco products, bicycle sales,
rentals and repairs, clothes, jewelry, arts and crafts, pottery shops, paint and
wallpaper, artist studios and galleries, camera shops, small electronics and
picture framing shop.
c. Personal services with each use limited to 2,500 square feet oftotal floor area per
use and limited to the following: dry cleaning (not conducted on premises),
manicurist, travel agency, barbershop, beauty shop, shoe repair, video rental,
postal facilities, drugstores, interior design, consumer electronic repair and small
appliance repair, tailoring and alterations, photographic film pickup, laundromat
open not earlier than 7:00 a.m. and not closed later than 11:00 p.m., and
restaurant without drive-through facilities.
-d. Office uses such as the following, limited to 20,000 square feet per use:
professional, business offices, medical outpatient or dental offices or clinics.
Exhibit # 2
01-LDR-05
Supp. No. 10
CD31:76.2.1
,
LAND DEVELOPMENT REGULATIONS
~ 31-144
e. Banks and financial institutions, excluding drive-through facilities, limited to
20,000 square feet per establishment.
f. Nursery school, child center or adult daycare subject to the following standards:
1. Building shall be located at least 30 feet from any "R" zoned lands.
2. At least one completely fenced and secured play lot shall be established,
maintained and used for children at play.
3. Tfte fence shall be not less than five feet in height.
4. Play iots located closer than 50 feet to the plot line shall be screened by an
opaque fence or wall or compact evergreen hedge not less than five feet in
height.
ig. Institutions such as places ofworship,librari~s, museums and similar facilities. .
h. Antique shops.
L Restaurants and coffee houses or dining room where kitchen is screened or
located altogether within an enclosed building or room and with ample provisions
for carrying away or dissipating fumes, odors, smoke Or noise and where premises
.are so arranged and the business is so conducted as not to be offensive or create
a nuisance to occupants of adjoinin~ premises or to passersby.
j. Restaurants and cafes may serve alcoholic beverages where such service is
strictly incidental to the service of food and from a service bar only provided no
entertainment of any kind is furnished.
k. No sign of any type or character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within1fu ses accessory to any of
the above uses when located on the same plot.
(2) Conditwnal use. The following uses may be established if first approved as a
conditional use:
a. Outdoor cafes.
b. Residential uses as a combination of permitted business uses and residential uses
housed in the same building; the floor area of the residential use shall not exceed
50 percent of the floor area of the building.
c. Drive-through facility.
d. Aboveground storage tanks. Aboveground 8torage tanks (AST) only as an
accessory use and only for the purpose of storing fuel for emergency generators.
ASTs must conform to the following requirements:
1. Be of 550 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
Supp. No.8 CD31:76.3
~ 31-144 AVENTURA CODE
3. Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance with
the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of
the B 1 zoning district.
5. Installation of any AST shall require a building permit from the City.
Application for building permit shall be accompanied by a site plan
indicating the location of the AST relative to property lines, the primary
structure served by the AST, any other structures within 300 feet as well as
a landscape plan prepared by a Florida licensed architect or landscape
architect and other supporting documentation as deemed necessary by the
City Manager or designee.
e. All uses permitted in the CF District.
(3) Uses prohibited. The permitted uses enumerated in this district shall not be construed
to include, either as a principal or accessory use, any of the following:
a. Any use not specifically permitted.
b. Adult entertainment establishments as defined in the. Land Development Regu-
lations.
c. Sale of goods to other than the ultimate consumer.
d. Sales, display or storage of used merchandise other than antiques.
e. Sale of alcoholic beverages for on-premises consumption except with meals.
f. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or
along public or private streets or from open stands or vacant lots. Such business
on private or public property shall be conducted only from within approved
permanent 8ubstantial buildings.
g. Purchase of used goods.
(4) Limitations of uses and structures. Except for automobile parking lots and play areas
of day nurseries of public and private schoels, all activities of permitted uses, including
sale, display, preparation and storage, shall be conducted entirely within a completely
enclosed building. Storage shall not be made above the height of the walls. Overhead
doers or other openings larger than eight feet in width shall not be located on the front
or immediate street side elevations of buildings. If oriented toward contiguous
residentially zoned land said opening shall be screened in accordance with the
requirements contained in this chapter.
(5) Site development standards.
a. Floor area ratio and lot coverage: The floer area ratio shall be 0.40 at one story
and shall be increased by 0.11 for each additional story. Structure parking shall
not count as part of the floer area, but shall be counted in computing building
height and number of stories. The total lot coverage permitted for all buildings on
\
Supp. No.8
CD31:76.4
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-144{b) "NEIGHBORHOOD
BUSINESS (B1) DISTRICT" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" OF THE CITY CODE;
TO PERMIT DRY CLEANING TO BE CONDUCTED ON
PREMISES AS A CONDITIONAL USE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations of the City Code to permit dry cleaning to be conducted on
premises in the B1 zoning district as a conditional use; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Adopted.
hereby adopted and confirmed.
That each of the above-stated recitals are
Section 2. Code Amended. That Section 31-144(b) "Neighborhood
Business (B 1) District" of Chapter 31 "Land Development Regulations" of the City Code
is hereby amended by creating paragraph 2(f) to read, as follows 1:
1 Underlined provIsions constitute proposed additions to existing City Code text; slrisl{an threu~11
provisions indicate proposed deletions from existing City Code text.
Ordinance No. 2005-
Page 2
(b) Neighborhood Business (B1) District.
...
(2) Conditional use. The following uses may be established if first
. approved as a conditional use:
l Drv c1eaninq conducted on premises onlv if the dry cleaninq
services are beinq directlv provided to the ultimate consumer as a
retail service. (Wholesale dry c1eaninq services are not permitted.)
Such dry c1eaninq establishments must onlv use Class iliA.
Class 1118 or Class IV solvents as defined in NFPA 32. The dry
c1eaninq equipment shall be self-contained. completely enclosed
and equipped with solvent recovery units which prevent emissions
of obiectionable odors or effluents. and provided that such dry
c1eaninq establishments must contain not more than 2.500 square
feet of floor area.
...
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Ordinance No. 2005-
Page 3
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Diamond, and
upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor lev Auerbach no
Mayor Susan Gottlieb no
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor lev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this th day of June, 2005.
Ordinance No. 2005-
Page 4
PASSED AND ADOPTED on second reading this 6th day of July, 2005.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~~
City Attorney
This Ordinance was filed in the Office of the City Clerk this _ day of July, 2005.
.--.
.-
->';q,,,~
APPLICANT REPRESENTATIVE AFFIOA VlT
Pursu'" 10 Secloo 31-71(b)(2Xi) of the City of Ave11lura Land Oev~Ollment Code, Ihis Applicant Representative Alfidavil" hereby made and
submitted. The undersigned authori2.ed represenratl'Je of Ihe individual or entity applying (or the DelJelopment Permit, wnlch Is identified in the aa:o",panying
appbcatlon. and the owner of rhe pro!>'ny .ubject to Ihe .lllpltcatiatl (If dlnerenl) hereo! li,ls and Ide<1lilios ~I person. rep~enlin9tM Indl,l<Iual or entity
applying for the Deyelopment Pet'mit in connection ...~h \tle application. as fallows:
Name
Relationship (i.. Mom.Y'. MhO"",., Landscap.
An::hitscls. EngmBfJ/'S. l..Dbbyist:J. Ere';
Clifford Schulman. Ese.
Attorney
Mario J. Garcia-Serrra. ESQ.
Attornev
(Altlch Additional Sheets I' Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON TIlE APPLICANT REPRESENTATIVE AFFIOAYIT
SHAll. BE BINDING UPON THE INOMDUAL OR EKTlTY APPLYING FOR THE DEVELOPMENT PERMIT AHO THE OWItER OF
THE SUBJECT PROPERTY, APPlICANTS ANO AFF~TS ARE ADVlSEO TO TIMELY SUPPlEME!IT MS AFFIOAVIT
PURSUANT TO SEC. 31.11(8)(2)(111) OF TIlE CITY'S LANO DEVELOPMENT REGULATIONS IN THE CllY COOE, iN THE E'I!:1fT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, ~E INFORMATION
PROYlOEO IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPlETE.
WITNESS MY HAND THIS _ DAY OF
.200_.
....UTHORIZED REPRESEIIlTATIVE OF APPLIC....NT:
OWN
By:
By:
Name:
(Sig~sture)
(Print)
Ti~a:
Address:
Address: 1390 Brickell ....yenue, Suile 200
Miami FL 33131
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE)
':i\. EnrlQuO 8.l1l1e ~.9Yl5Y Pu
!;.J" . M'tcommissionDD1~dNameo 0
"\'l;.J ExpI'"' Apnl22, ~y commlss exp. s:
Belora me lha undersigned au1hority. personally appeared RIcardo Moreno as tha
andlor the owner of Ihe property subject 10 the application, wno being frs! by me duly 'wom. .
Affidavit for the purposes slaled therein and that it is Irue and correct
orize rapr.sentaO of the Applicant
affinn that helsn exeCtllad Ihis
r2"ll-1 AFFIAN
SWORN TO AND SUBSCRIBED BEFORE ME Inls ~ay or ~.e>1!J.dl. 200
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(Ii) of Ihe City of Aventura land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
[xl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
Ihe applicalion will be presented.
[ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(list City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[I i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Represenlalive;
[I ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representalive in any
business venture;
[I Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professionai working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[I v. The Applicant or Representative is a Customer of the member of Ihe City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
APPUC
The member of the Cily Commission or Board Is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
Y HAND T)- DAY OF , 200_.
~
(Signature)
(Print)
(Print)
II vi.
By:
. Name: Rl rd Moreno
Title: Marleoef
WITNESS MY HAND THIS
DAY OF
,200_.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Title:
"The terms 'Business Relationship," 'Client, ' 'Customer, ' 'Applicant, , 'Representative' and 'Interested Person' are defined in
Section 2-395 of/he Aventura Cfty Code.
WITNESS MY HAND THIS ''1 DAYOF ~ , 200_Lf
-
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: ~J~fv<< (Signature) By: (Signature
Name: Mario J. Garcia-Serra (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
B~i/ (Signature) By: (Signature
(Print) Name: (Print)
Name: Iifford A. Schulman
Title: Attom8v (Print) Tille: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Tille: (Print) Title: (Print)
B
y: (Signature) By: (Signature
Tille: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Titie: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Tille: (Print)
Tille: (Print) Tille: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b )(2)(iv) of
the City's Land Dcvelopment Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
NOTARIZATION PROVISION
Before me, the undersigned authority, personally appeared Clifford A. Schulman
he/she exeQJled this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me th~ ~ day of n~ <
# /'~ Maria.Jose Lopez
t~J ~ My Commission 00373825
'1-:!:..ll Expires December 03, 2008
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AFFIA
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Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUN1Y OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario J. Garcia.Sena Eso.
he/she executed this Affidavit for the purposes stated therein and thai it is true and correct.
SWORN TO AND SUBSCRIBED before me this \ '-\ day of -0-.- '-- .
~.".., ~\. Maria-Jose Lopez
":~ i My Commission DD373825
(Ipc"..o Expires December 03, 2008
the Affiant, who being first by me duly sworn, did swear or affirm that
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AFFIANT
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Printed Name of Notary
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STATE OF FLORIDA )
COUN1Y OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared Ricardo Moreno
executed this Affidavit for the purposes stated therein and that it is true and correct.
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STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
SWORN TO AND SUBSCRIBED before me this _ day of
AFFIANT
200_.
Notary Public State of Florida At large
Printed Name of Notal)'
My commission expires:
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Ordinance Establishing the Traffic Advisory Board
1st Reading June 7, 2005 City Commission Meeting Agenda Item _'18>-
2nd Reading July 6, 2005 City Commission Meeting Agenda Item .n.
Attached please find the proposed Ordinance establishing the Traffic Advisory Board as
discussed at the May Workshop Meeting.
EMS/act
Attachment
CC01353-05
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, CREATING DIVISION 4 "TRAFFIC
ADVISORY BOARD" OF ARTICLE III "ADVISORY
BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE BY CREATING SECTION 2-181 "CREATION,
COMPOSITION AND QUALIFICATIONS," SECTION 2-182
"DURATION OF BOARD", SECTION 2-183 "ADVISORY
CAPACITY", SECTION 2-184 "RULES OF PROCEDURE;
QUORUM", SECTION 2-185 "JURISDICTION"; AND
SECTION 2-186 "STANDARDS OF CONDUCT FOR
MEMBERS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the City Commission desires to create the City of Aventura Traffic
Advisory Board to assist the City in alleviating motor vehicle traffic burdens which are
encountered within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adooted. That the above stated recital is hereby adopted and
confirmed.
Section 2.
Code Revised. That Division 4 "Traffic Advisory Board" of Article III
"Advisory Boards" of Chapter 2 "Administration" of the City Code is hereby created to read as
follows:
Division 4. Traffic Advisory Board.
Sec.2-181. Creation, composition and qualifications.
A. There is hereby created and established the City of Aventura Traffic
Advisory Board (the "Board") consisting of seven (7) members who shall
Ordinance No. 2005-
Page 2
be appointed by the Mayor, subject to the approval of the City
Commission. Members of the Board shall be appointed in accordance with
procedures established by the City Commission and shall hold office at the
pleasure of the City Commission. Members of the Board shall serve
without compensation and shall not be reimbursed for travel, mileage, or
per diem expenses.
B. (i)
Each member of the Board shall be a qualified elector of the City
of Aventura who has continuously resided within the City for the
six-month period immediately prior to the appointment, and shall
not be an employee ofthe City.
(ii) Any member of the Board who ceases to reside within the City,
shall be deemed to have resigned as of the date ofms or her change
of residence.
(iii) In the event of the resignation or removal of any member of the
Board, the Mayor shall appoint a person to fill the vacancy on such
Board for the unexpired portion of the term of the member
vacating such office, subject to approval ofthe City Commission.
(iv) In appointing members of the Board, the following additional
guidelines shall be considered:
An appointee should have a demonstrated interest and/or
expenence Ill:
2
Ordinance No. 2005-_
Page 3
(a) traffic management or traffic engineering; and
(b) a commitment to serve and act in the best interests of the
citizens of Aventura.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three consecutive meetings or in the event that a member
has two unexcused absences in a six month period, then in that event such
member shall be subject to removal as a member of the Board by vote of two-
thirds ofthe remaining members of the Board.
D. The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and shall provide necessary staff support for the Board.
Sec. 2-182. Duration ofthe Board.
This Board shall sunset and dissolve a year from the first meeting of the Board
unless its duration shall be extended by a Resolution of the City Commission.
Sec. 2-183. Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature to the
City Commission and City Manager.
Sec. 2-184. Rules of procedure; Quorum
A. The Board shall adopt rules of procedure not inconsistent with the
ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules
of Order recently revised 1990 Edition for the rules of procedure for the conduct of
3
Ordinance No. 2005-
Page 4
meetings of the Board. The Board may create additional rules for the conduct of its
internal proceedings.
B. During the first meeting of the Board, the members shall elect one of their
members to act as Chairman and may elect a Vice-Chairman.
C. Four members shall constitute a quorum for the transaction of business of
the Board. Official action shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board, except that at least
four affirmative votes shall be required for official action.
Sec. 2-185. Jurisdiction.
A. The jurisdiction of the Board shall be solely advisory. Action of the Board shall
be in the form of a written recommendation of advice to the City Manager and City
Commission. The following matters shall be within the advisory jurisdiction of the
Board:
(I) Assist the City in the study and formulation of motor vehicle traffic
mitigation and traffic management programs.
(2) Provide specific recommendations on traffic flow improvements.
(3) Encourage and facilitate opportunities for City residents and businesses to
participate in the work of the Board.
(4) Provide specific recommendations to address traffic issues that may be
governed by or under the jurisdiction of the State or County agencies.
4
Ordinance No. 2005-
Page 5
(5) Other motor vehicle traffic matters assigned by the City Commission and
City Manager.
B. The Board, either through its chairperson or the City Manager, shall report
to the City Commission every other month on their progress.
Sec. 2-186. Standards of Conduct for Members.
All members of the Board shall be subject to the Standards of Conduct for Public
Officers and Employees, as set by federal, state, county, city or other applicable law pursuant to
City Charter Section 7.03.
Section 3.
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4.
Inclusion in the Code. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
5
Ordinance No. 2005-_
Page 6
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 7th day of June, 2005.
6
Ordinance No. 2005-_
Page 7
PASSED AND ADOPTED on second reading this 6th day of July, 2005.
SUSAN GOTILIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ctJL~~
7
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
DATE:
June 1, 2005
TO:
City Commission
BY:
Eric M. Soroka, City M
~<::::::.-.. ~
Himy'M. Kilgore, Fin
FROM:
SUBJECT: Mid Year Budget Amending Ordinance
1st Reading 06-07-05 City Commission Meeting Agenda Item 5~~
2nd Reading 07-06-05 City Commission Meeting Agenda Item -
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2004/2005 budget.
Backaround
As you are aware, the City normally amends the budget to recognize actual fund
balance amounts carried over based on the prior year's audit. In addition, budget
amounts are amended to reflect actual revenues or expenditures which are significantly
different than was included in the original budget. This ordinance meets both of these
purposes.
One of the primary purposes of this ordinance is to recognize actual fund balance
am"ounts based on the audited financial statements for the 2003/04 fiscal year. The
recognition of $1,155,063 in the General Fund, $227,844 in the Transportation Street
Maintenance Fund, $120,961 in the Police Impact Fee Fund, $4,081,022 in the Series
2000 Capital Construction Fund and $299,944 in the Stormwater Utility Fund were
based on our desire to recognize actual fund balance amounts. In addition, a portion, or
in some funds all, of this carryover needs to be reappropriated to cover the remaining
costs of capital projects which were not 100% complete prior to September 30, 2004.
This is the case with the Capital Outlay amounts in all the funds (except for those
amounts which went into Capital Reserve).
Any actual fund balance carryover which is not needed for capital project completion is
placed in the Capital Reserve accounts for that fund. For example, a total of $658,063
in the General Fund was the result of actual fund balance at September 30, 2004 being
greater than was projected when the 2004/05 budget was produced.
Page 2
Memorandum to City Commission
Mid Year Budget Amending Ordinance
In addition, the 2004/05 budget included a very conservative estimate for building permit
fees and associated costs. Based on the actual receipts through May 31, 2005, the
actual revenues for building permits will exceed budget by at least $900,000. A portion
of these permit fees are used to cover the increased cost of building inspection
expenditures of $535,000. The balance of $365,000 was placed in the Capital Reserve
account.
In addition, there were two grants where we expended monies in 2004/05 and have
received reimbursement. The revenues of $31,000 and $12,020 exactly offset the
expenditure amounts for these grants.
Most of these amounts were previously reported in a memorandum dated April 26, 2005
when we completed the 2003/04 audit (May 2005 Commission meeting). The other
items were based on a review of actual operations through May 31, 2005. In order to
have the 2004/05 budget reflect the latest actual and projection amounts, I recommend
that the City Commission approve the ordinance.
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2004-15 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2004/2005 FISCAL YEAR BY REVISING THE
2004/2005 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "An ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2004/2005 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2004-15, which Ordinance adopted a budget for the 2004/2005 fiscal
year, by revising the 2004/2005 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2005-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, and upon
being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was
seconded by Commissioner
and upon being put to a vote, the vote
was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this ih day of June, 2005.
2
Ordinance No. 2005-_
Page 3
PASSED AND ADOPTED on second reading this 6th day of July, 2005.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
H~~
CITY ATTORNEY
3
Appendix A
OBJECT
CODE CAlEGOaY
Revenues
Budget Amendments
GENERAL FUND
~.
ADOPUO
IMIGET
...
Mlll'1JIED
AMOUNT
2G04I85
REVISED
BUDGET
Licenses & Permits
3221000 Building Pennits
SUBTOTAL
950,000 900,000 1,850,000
960,000 900,000 1,850,000
31,000 31,000
12,020 12,020
43,020 43,020
Interaovemmental Revenues
3312550 Dade Chiefs Byrne Grant
3342006 Night Eyes on Narcotics Grant
SUBTOTAL
Non-Revenue
3999000 Canyover
11,359,278
1,155,063
12,514,341
SUBTOTAL
11,369,278
1,156,063
12,514,341
Total Amendments-Revenues
2,098,083
Expenditures
3101
Community DeveloDment
Building Inspection Services
SUBTOTAL
715,000
716,000
535,000
536,000
1,250,000
1,260,000
CaDital Outlav/Finance SUDDort Services
6401 Computer Equipment 193,000 9,000 202,000
SUBTOTAL 193,000 9,000 202,000
CaDital Outlav/Police
6407 Radio Purch & Replacement 155,000 103,000 258,000
6404 Dade Chiefs Byrne Grant 0 31,000 31,000
6407 Night Eyes on Narcotics Grant 0 12,020 12,020
SUBTOTAL 156,000 146,020 301,020
OBJECT
CODE CAUGORV
Expenditures
GENERAL FUND (CONTINUED)
-.
~-
~
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'" . . - .-
Appendix A
JOOoIIQ
RIMae
8UDGn
CaDital Outlav/Communitv Services
6301 Beautification Improvements 282,000 250,000 532,000
6307 Lighting Improvements 165,000 35,000 200,000
6316 County Club Drive Improvements 0 86,000 86,000
6231 Veteran Park Improvements 0 14,000 14,000
SUBTOTAL 447,000 385,000 832,000
CaDital Outlav/Non-deoartmental
6999 Capital Reserve 9,216.543 1,023,063 10,239,606
SUBTOTAL 1,023,063
Total Amendments-Expenditures 2,098.083
TRANSPORTATION & STREET MAINTENANCE FUND
.II I"'" 2n WI
ADOlJ"hu 0_
. BUDGET ~
OBJECT
COOICATIGOItY
- '.-'
Revenues
Other Non-Revenue
3999000 Carryover
SUBTOTAL
75,000
75,000
227,844
227,844
Total Amendments-Revenues
$ 227 ,1.4
Expenditures
CaDital Outlav/Communitv Services
6341 Transportation System Improvement
SUBTOTAL
o
o
227,844
227,844
Total Amendments-Expenditures
2OOt4.'lII
R&VI$ED
lUPin
302,844
302,844
227,844
227,844
OIJECT
CODE
;....;",:',:,,',../;: ::."'...::';:,",,. : ,'::, ,.:,. ','",:,:,"',i~,",
CA11IG_ '
POLICE IMPACT FEE FUND
111"
,..WEo
M"'"
Revenues
Other Non-Revenue
3999000Canyover
SUBTOTAL
Total Amendments-Revenues
Expenditures
Capital Outlav/Pollce
6999 Capital Reserve
SUBTOTAL
Total Amendments-Expenditures
.n,"
~i.(_
_'JI~DNT
o
120,961
120,961
$ 120,961
o
o
120,961
120,961
SERIES 2000 CAPITAL CONSTRUCTION FUND
II'''' ..lfl/llr
--lID .. '.
........ .[1__
....., . IfJ , ....
Of.'
CODE
Revenues
OA.....' .
Miscellaneous Revenues
3611000 Interest on Investments
SUBTOTAL
Other Non-Revenue
3999000 Carryover
SUBTOTAL
250,000
250,000
Total Amendments-Revenues
Expenditures
Capital Outlav
6203 Waterways Park
SUBTOTAL
250,000
250,000
Total Amendments-Expenditures
o
60,000
60,000
4,081,222
4,081,222
$ 4,141,222
4,141,222
4,141,222
$ 4,141,222
Appendix A
1OMf05
REVISED
BUDGET
120,961
120,961
o
2e04IGI
REVIftD
_lET
60,000
60,000
4,331,222
4,331,222
4,391,222
4,391,222
OI'JICT
CODE
Revenues
"<',:.,,':
.0 ..,....,'.._,....,<:,..'...
':",>,;::-':::':,:Y"-~ '" "" .. ..
.CA~.'
STORMWATER UTILITY
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.--.
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Qther Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments-Revenues
Expenditures
Capital Outlav/Community Services
Drainage Improvements
SUBTOTAL
640,000
640,000
Total Amendments-Expenditures
....1/81
--
Jl.JIOUNT
o
295,944
295,944
$ 29$,944
295,944
295,944
$ 295,144
Appendix A
ZCIMIOI
..,.ED
8UDGET
295,944
295,944
935,944
935,944
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTV OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal HOlidays) newspaper, published at Miami in Miami.Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCES
in the XXXX Court,
was published in said newspaper in the issues of
06/13/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
h8retofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami~Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t . adve . t for publication in the said
newspape~
Sworn to and subscribed before me this
13 day of JUNE . A.D. 2005
C 1/4?J1- ~
(SEAL)
a.v. FEABEYAE personally kno~ Cheryl H Marmer
\. ~ j My COmmlSSIOf'l 00338559
\~fl.1 ExpIres July HI. 2008
CITY OP AV.NTUIIA
PU.LIC NOTIC. OP
PROPOUDORDlNAIIC..
NOTICE IS HEREBY GIVEN that on Wednesday, the 8th clay of July.
2005. at a meeting of the City Commission of the City of Aventura. to be
held at 6:00 p.m. in the CommIssIon Chamber at Aventura Govemment
Canler.192OO West CountJy CliII> DrIve, Aventura. RorIda. the City
Clf'mission wi" consider the adoption of ihe following OrdInances on
seCond reading, entitled:
AN ORDINANCE OF THE CITY OF AVEN1URA, FLORIDA, CREAlIllG
DIVISKlN 4 "11lAAIC AIMSORY BOARD" OF AA11CLE ..
-ADVISORY.8OARD$" OF CHMrTER 2 "ADUI..srRATION- OF THE
CITY CODE BY CREAllNG. SECTION .2-181 "CREA11OH,
COMPOSI11OH AND QUALIFICATIONS,~ SECTION 2-182 "DURA1IO'"
OF BOARD", SEC1ION 2-113 rADvlSORY CAPACITY", SEC1ION
2-184 "RULES OF PRllCEIlIlIle; QUORUM", SEC1ION 2-185
"JUAISIlK:1IOH"; _ SECj10N 2-1. "STANDAIlDS OF
CONDUCT FOR "EMBERS": Pft9\lllIING FOR SEVEAAIIII,ITY: PII()..
VIDING FOR INCLUSlON .. CODI;: PROVIDING FOR EFFECTIVE
DAle.
. .
AN ORDINANCE OF THa CITY COMMISSION OF THE CITY OF
AYENTURA, FLORIDA, AMENDING ORDINANCE NO. 2004-15
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 200412006
FISCAL YEAR BY REVISING THE 200412006 FISCAL YEAR OPER-
AlING AND CAPITAL BUDGET AS OUTUNED IN EXHIBIT "A"
ATTACHED HERETO: AI1TIlORlZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE: PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinances may be inspected by the pubtic at the Office of
the City Clerk, 19200 West Country Club Drive, Aven1ura, Florida.
Interested parties may appear at the Public Hearing and be heard with
respect to_the proposed Ordin,"""". Arty person wishing to add..... the
City Commission on any item at u,ts Public Hearing may do so after the
Mayor opens the public hearing.
In aocordance. with the Americans with Disabilities Act of 1990, all
persons who are disabfed and who need speci8I accommodations to
partiCipate In this proceeding because 0/ that _11ty should contact
the Office. of Ihe City C1ed<. 305-466-8901. not laler than two business
claysprtOrtoauchproceedings. .
If a peBOl1.dec:ld\Is to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
parson will need a record of the prOceedings and, for such purpose, may
need to ensure that a verbatim ~rd of the proceedings is made, whicf'l
record includellthe _many and i_upon which the appeal is to
be baSed. '
6/13
Teresa M. Sorol<a. MMC. City Cled<
05-4-01/558457M
~ht :8a'iami Htrat~ mnI!!IlIII
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
MARIA ANGEL
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County,
Florida; that the advertisement for:
("I //-- I
L, tLI cr- fi"blLLirL1-
was published in said newspaper in the issue of:
11l:::'- n [,CH n; HtTr,lll~)u,) ·
) /'.. ....) (~ /" c::---
,;7\(. i ;7Z,---.L. ' ~
/" ~) ..
Affiant further says that the Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida, and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day and has been entered as second class
mail matter at the post office in Miami, in said Dade County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement.
t c--L)
RIA ANGEL
Sworn to and subscribed before me
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USAANNHERNANDE- ._- ..-
A.D. 2005
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CITY OF AVENTURA
NODGE OF AMENDMENT OF TIE
CITY'S LAND IEVELOPMENT
REGULATIONS
Pubiic Notice is hereby given that the Aventura
City Commi$$ion will meet in a public hearing on
Wednesday, July 6, 2005 at 6:00 p.m. to
consider adopfun of the following Otdinance on
secon-d read,ng'
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
~~~~~S 3H(:Jrl '~.;'~~~~~Hog~
CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO
PERMIT DRY CLEANING TO BE
CONDUCTED ON PREMISES AS A
~~~g~fv; USE~~~9~NG ~g~
INCLUSION IN THE CODE AND
PROVIDING FOR AN EFFECTIVE DATE.
The above descrbed Public Hearing will be held
at the City of Aventura Government Ce-nter,
19200 West Country Club Drive, Aventura,
Florida. 33180. The proposed Ordinance may
be inspected by the public at the Office of the
City Clerk at the Aventura Government Center.
Interested parties may appear at the Public
Hearing and be heard with respect to the
proposed Ordinance
In accordance with the Americans with
~~=~d^:h:n:~:J:~~~~ti~:
~'l.:t":~~~r~r~.:~il&'='~~h~f gj~
Clerk (305) 466-8901. not later than two
business days poor to such proceedings
If a person decides to appeal. any decision made
by the Crty Commission with respect 10 any
matter consfder&d at a fTleEoting or hearing, that
person will need a record of the proceedings
and, for such purpose. may need to ensure that
a verbatim record of the proceedi"9s is made.
which record indudes the testmlOny and
evidence upon which the appeal IS to be besed
Teresa M. Soroka. MMC, Crty Clerk
COLOMBIA
FROM THE FRONT PAGE
1.
n;!.:hf.kl,U:;-
Groups claim ties to politicians
"COlOMIlIA,FROH lA
ilaries wid~ly "3Cru.st'd (1(" dtug
trafficking and massacring
suspected gtlert'lIla sympa-
tbizers.
The mO$t recent proo1em
occurred la.u. month wh\'n
police detained a top paramil-
itary negotiator inttide tbe.
nortbern C.olombia regi..tu
t..battlregO\:~nmenI5NiUide
as a sak haven tOr tbt>: talk1i.
The Dt'gotiawr, reputro
drug uafiickc.r Diego Murillo).
also kuown as Don Bfoma, sur"
rt".ndt;'r.ed to !ace charges in
..be. Mar.ch assati5iDation of au
area pt.~Utidan. Bin instead {)f
jailiug bim. po1i<:e and sot"
diers arehoJdiog him at what
l.bey caJl an '"austere" rAnch
house near tbe 'Sih! of I be,
Degl)tiaUUD.5,
Many Cl)!l}mbiam tea.ct.e;j
angrily to tire arraugem~nt
~use it remindt';d tlk>.m that
a.fter drug ltiDgpin Pabkt Escu.
bat surrendered in flx> e.lrly
1990s. hf-. was held in a luxury
prism:.I known as ThE' Cathe"
dral from which be coutiuued
ttaffickiug, parlyiug and even
killiog bis eoemii'.s.
Some i.n Uribl','$ ilwn gav-
erumellt iucluding Edg~rdl)
Maya, tbe C{lUnuy'S iuspeI.'ttlr
general who is res.pomiWe
tbeSlate'l\ iutlt'l'11aljustice 1:)'5-
tem, critidud lJribe ior lX~t
jailing MuriU{). Tbe atto~'
general's oifice bas issued
several t(~Ilow~up warrants
for Mutiilo''S ;jIrret'l.
"A FARCE'
Bul Uri1.w:'s plllitkal f()f's
bavt"golle mll-l;b ntrthe.r as tbe
race tor tbe 2{W}6 pr~dmtial
dectiODS bl>.au. up. "The..ca5e
of Don 1terU;il has ~mDt: a
iarce;"-sajd'H<rrao:io St'.rpa.;
dt"ie~tt".d by Uribe in We 'XJ.OJ
presidentiaJ e!&.;tiooW.. -rht>.
country is comp]etdy parawi-
Utarized,'"
Auotber batsb ai-tic: Ces.ar
Galiiria, funaer Sl:'ll.;[aar)! g.en.
etoll of the Orgaoi.r.ation Qf
American SWl"S. now J.lt.-Ad ot'
tile oppoalion Ljl\eral Party
and, ironkaUy. we presid.{l'JIt
oi Colombia who mad-e the
de.allltal sent Es€nbar h) The
Cathedral
Uribe ba:o: rt".tlpoDded witb a
iewjabs o{Ws own. referring
to ofi~publjsbed aU.egaUOGS
that several CokmNao prt5i-
dents. iududiog {iu'iri.;,l.
accepted bclp from tratlickerJ
like Murillo in order to track
doy.ll othen: like EBl~obar.
.'(Tbe);} need lo tell tbe
all.OS~1IIlIlIIMUI,J:ir;l)C
lIIDERHOUSE AJlRESf: Diego M;Jri!kl s:Jrrendered to face charges;n the March
a'>5assinal~on of an area oojjbciar). Many Colombians have c6H6zed hIS delet'lt!01l at
what parlC€ and soldiers call an ~austere" ranch house as too Jeniel'lt
c~)Untty deady whether inMj.
tutions.g()lternmt".nt~ worked
with him in (be past to ptltliU('
aoother drog: trafficking
group:' Uribe uW.
!4urillo ls widely allt:gt'.d tl)
have t.'<<.n a member of OJ
group of trafficken aDd piln.
mllitar).' J-eaden; who killed or
tt!t'Nnud Escobar's alliES and
('OOp!1"ralied with sea.trity offi-
,,-',lab: uutil be was forced iulO
tbe...1peU.andgu~ do....uM'
pl~, in 1993. after t1'S(;aping
irom tbe iamt!d Catbe:dtal.
GWiriil h:;Ul denied knowing
.nlQtU any arraogemenL
"Under Q() drrumsurK'f'S
aDd any pr{'.t~.n u pcesideut
~.i the rq.ubti.t' did 1 give pt'1-
miuiom'fur authocitles.lO act
ootside ol the laM:' It) pursue
4eli:uqJenu.. ~ be said recently.
But Murilll\ w.as not the
lit:n paramilitary t.) stir the
w.aters. ot' r<->litical $CiDdab.
JustIut mouth. }()bn Jaiw
Ve:lUquez. a jailed bit maD
in.\mRKxlf......s gang,JiGgered
f()rm~ St.nalflor Alberto San~
totlw.io .w WIi". murdt'.l' of Ub-
.era{ PioIrtl" prt'$idential candi,
date Luis Carles Galau in
1989. Santo{uaio was. arrested
aDd is i.n pri\l.{IU awaiting trial.
And shortly alter Murillo'lI
capture. a ii'.nior leader of the
paramiHtary's United Self.
Defe~ Fl\rces l}f C!)lombj.l,
better known.;,ls Al1C, made
the srattUng claim ibat 35 per-
cent of thf- nado-D's Cougrt"ss
was. in the. paramilitaries' cor-
NOTICE OF PUBLIC HEARINGS
The Florida P'oIbic SerlIice CClInI'ii&aiarI has xhedJed lh eustomer
8lnb heMngs in)'!JuT' 8tl!ll. patofbdllcillbn~ pI'OC8$8
in DocMt No. 050045-8, ~A'ding h T8que5t d FI:ri:l!Il Power &
UghtComp&n)I fat' a,:Jpr'Ovlill d abase ralil!l increase..
---
1"heO,lston'e' SEr\'bl ~ sdoedlJed i'1you area wi be a:ni.IClBd
tlyttleCornni8siorlat1t'etJmsMd~~b!bu::
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... Thonl;eon LIfmM8I Oltmbn
PalmEklBch~c.n..r
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w.tPahlBead'l.F1ollda
1IusIIIr.....ao.2IlIIi-4pJa
OIIy~CblIIII'Ibn
O<y'"
3500 PlI'l American Drlw
MiatiI,f'lor'da
.........".....2lI,..~,a.nL
Br..-:I.CDunIv~Cumbera
&w.dClu1ti~c..t.
212iJUlQaFJmJln1ie8onWay
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CIly~Ol1mber$
""....
ltlON.AnI:IrMa~
FOlt~Floritla
The plJ/P089 aT these ~ fa to praWte CUlItofneIlJ of
floftia Power & Ultlt '!he ~ b tes1tIy before the
CorrmI9&b1 on Fbida Power & Ught'a pmpoeed jBf& lnc:raIlle and
theqwdlty ofSln'laJpnM:ledby'lhlt OOll"f*lY.Ctatamerswho\Wltl
topl'Mlel1t'tedr'ony!nuged lOJiPpEIIIr a1:1t1ebegningof ft1e
tlMlt'lg,lIlIncetf1ehearingm'llVb&~8IP\'IfnoYlitrw:lsse9anl1
Pf'l'8i9"1totesltt{.
Customer COl'nNlITf9 rtlg&'dng FbItda Power & l.l{tlt"a request
and QlJIIIty '" seMcS may '5180 be ~ to1he~ at
me fcA:lwing adQ'eu: IJnlctor. Ohtlion d 1tl& ComIr:iaIlorl Clerk
r.d MnHstn!ifvs Servt:ss. AaMa Pl1lIe Sl!!lrW:& ComrnIs&Ion.
254n StItmwd 0Ik Boolward. T~ FbPtdI. Ji2.3tKi.f:850.
SlIch COI1'lI11eIlt9 IMuId l'9f9r to 0cldl8t No.. 050045-8. "addition,
custoo'lenI mav cootac:t fbtIa PCMa' &. LlgM: wIlt1 ~ or
Commerrt8 reIatlngi to 'ItIe request tb"ougtl Its Wsb aIt& 111:
www.FPl.corrvtJd:en!lqUMt.
h\V penlOn ~ 8CJITf& ~ . 1htt &el'Yk::e
tlll8l'i;gs bec:aussofa~Y*aI b'Ipainnent lit1oUdcd1tle dM!ltm of
CommI9llion Cfe!t( and ~ SeM:es at
1-350--413-6170 111: __ 48 houl'9 pfla.r 10 'ItIe .
meeting. Any pgson who is I'l8amg Of epeedl
/mpafred,~contaet1hefbkllP\blk::SeMc&
Coml11sabn OBt1g me FbrtIa ReIey Serwb. FIlL.
whIdl can be read10d at 1-800-955-8771 (100). .. "'- 0-....._
nero VicemeCastailo, brol.heT
of tw~' former paramilitary
ledd(!.t8 who disappeared
UDder mysterious circum-
Slau.:es and are now pre.
SUJ.DE'd dead, made tbe allega~
lion iD a lengtby interview
wid.l Colombia'll rE'spened
Sema:oa I1ewlMeekly,
An(ltbf"r paramilitary
leader, }van Duque:, mf"aIl~
while:. told loca] radio {rom
the parawJlitJtry safe b.aven
that we righ(~wing groups
bad financed a congf('$SU!an"s
re:C'oot \:i.sit W Chile.
WHIFF OF EXTORTION
Allegation... tbat paramili-
taries have worked .side by
side with C~)lombJan politi-
daDS and security pe.rsorwel
ha\'e betm around {or years.
But ttre new revelation.... bave
the wbilf of eu()rtJon about
lbem, analysts of the plo"..ace
pmcessl\ll}'. '~hey'\'e'Spenta
fair amount of lime sending
subtle messagt's:' said Serg.io
)aramiIJQ, bead of Ideas (or
Peace, a Colombian lhink
tank. "[Now) tJ:Us dark world
i$ .$lartiDg to come lO the SlJr"
fao:e."
Congress is debating an
amnesty law for paramili.
tades who surrender, sharp-
ening concern the}' cuuld go
unpunished. About 7.000
bave turned in their guns..
including 465 of Murillu's
men this past week, l:IUt <ID
estimated 10,000 rewain ia
tht .6eld.
Paramilitary tighten: halle
beeu blamed lor some of the
worst atrocities ofColombia''S
war, includiDg wassat-:tes of
.civilians SUll.pecled of helping
guerrillas. Many of their coW4
-HJfROW0001
FLOORING 99'
,I"',~' . "1", ":
LI.;I,15~ RL;'" J:~)i-.l CR,:..com
>>:., T'<;"'1.1d F':l' [.."'~,'l Fl
954-f' . ~. _A
manders, wdudiog Murillu
and the C.1$udwa. also ar~
wanted in the Uaited Slales
fvr drug trafficking.
But Murillu aDd Caslmo
oppou any S('tio-us. puDisb~
went aDd seem to be usiug
infonuatioo. as. much as.
demobilizatluns, to e:ns.ure
they1t get their w.ay.CasUlilo
told Semana be would Uke to
spend "3StiUle. time as pos.si~
ble.... in prillOu. YuriUo told
Tbt.! Herald iu Decewber Wat
be d<lnn't desetV-e jal] rime
b<o.caus.e o(lUswol'kbt-Jpiog w
tC'..dl: down bad people like
Pabkl Esi..'tt-.al.
"'That was ... a pattkotk
an;' he Nid. "Somet.J.k': bad ro
fight him. in othr..r parIS oitlle
world, }'OtJ would gel a wow-
went. Hif!'1e, as a prize. they
put OUt }'our arrest ltr.lrtmL"
So lal, the. paraaillitaries"
pre5sure tacda seeru to be
working, The go...e:r.umeJit.
proJ)(.~$ed amnesty Jaw
lncJud~ Aiguit'K.<lutl)' )OWt"1
prison s.e.utelK.~ for tb(.f.e
WDO collfess aDd minimum
rt'.parations t()r' vktlm1l.. eno,
gress is al'SQ dose to gran~
the paramilit.aries political
HitWS, which could b~ock
their t'.Itradition once pt'.3;."e
talks end since their criminal
activities \XlU1d mt".sh with lbe
"political crimes:'
The proposed law bas ber.o
critkile'd as too leaiem by
huulau rights. orgauizaliow:.,
Colombia's opposition politi-
.::aJ ll2ttie5., Democratic and
Rt!pUblican Congressmen and
the UDited Natio.os.
All. the outside pressure
mourned, Utitle and his stat!
sat. dOWD to rejiggt>.t the law,
wbkb could be passed as
early as today. Dept".nding
upvn whether me paramili-
tades like tbe vention. Dlore
startling revelations about tbe
gro;lups' COUoectioDV. to politi-
dans mal' be (lQ the way.
MIAMI VICE
~:>~dp,~:u~m~::u,:1~=~~~j9~::
Q)Ijn Fa-rell and ptldured, wnttM and dfJetWd btr ~ MaIn
,.. MGKT_1Il
SOUTHROUND INTBlSrATF 96 CUJSURI:
AU soullloound mesof lntel'st3l:e %\W.I be~ f10m 395'bi
SooffJIOW.ft1s'....."MlIc1<_~.
".. Jlle'Sday,Julyfi l1:00PMtlS:dOAM
>>Wednesdlly,JulyGh 11:OOPMlo:t:OOAM
>- lhursday, July 7th l1:00PM 10 5:00AM
The tolbwia... iIMortatd ~
J\JI &mth00und Iaoes of IlIteJslaIe 95 wilt 00 itlsed from 395,.18::1)
Sotth towards EXIl 11NRid<<mbacktr c....W(. 0f0iL1I EJtctrorlc
Me&6gi!' Sll}llS will bE' plSted to oow;e mdon~s 10 ~ all:emate
rmlles lIia 836 We-s1 & 39& East,!o JltCk'IV aSSlgnoo ddoorsfft3t.besIj
direct you around our :na 1i fifmllg.
~~eo~h~:~:' 2~~~':re:: '.: ~ =:n~::e ~
be intelmittl':nlfy ht'ld for met periods.
1\)1i" fiom 1fIe. '''',;dII ffig.....' P:tJol CJIy of. -.., ClOy oIl1iami
Bead., & Mlalfll-Dade County, wfII be on b:lIioo 10 ~ you \"l'd:h
b'atficflow-andllehk:ularsafely.
II you halle any questions OOJiclm'IIfI{I I1te reloote-, ~ Ci1II our:
,.. Information Hotline #788-0125-1231 ...
Plea.'ie do not hesitate In rAil!. We wiI be bappy to address '(OU'
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