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County Hopes To Curb Prosecution Of Minors In Domestic Cases

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By JOSH POLTILOVE | The Tampa Tribune

Published: July 16, 2008

Updated: 07/16/2008 05:10 pm

TAMPA - TAMPA - A program designed to provide counseling in lieu of prosecution for juvenile domestic violence offenders is expected to officially launch this month in Hillsborough County.

"Domestic violence is a learned behavior for the most part," said Elvin Martinez Jr., a community relations administrator for the state attorney's office. "When you have a child that receives no services, then the likelihood of them becoming adult domestic violence offenders is greater. And then they're passing it on to their children, and so on and so on."

The program's goal is to rehabilitate juveniles – and their parents – to quash the underlying issues that cause the children to lash out. If successfully completed, it also will allow juveniles to retain a clean criminal record.

On a test basis, about 10 or 15 juveniles already have gone through the program. The pilot program is expected to start this month.

In the past, a teenager arrested for fighting with her sister might spend up to 21 days in juvenile detention without treatment if her parents said they didn't want her to come home. Without successful prosecution of the case, the child might never receive counseling.

"It's like having a car with a broken fan belt in the impound lot," Martinez said. "You're paying for the impound, but when you get the car out, you still need to fix the fan belt."

To qualify, the juvenile must be a first- or second-time offender who has never received counseling for domestic violence.

The domestic violence charge has to be a misdemeanor.

During the next six months, about 25 to 30 children are expected to pass the program's pilot phase, Martinez said.

The pilot program primarily is targeting children living in Sulphur Springs.

"Then we're going to evaluate it and see how successful the program is and probably expand it," Martinez said.

Providing counseling instead of prosecution might save hundreds of dollars per child, he said.

Circuit Judge Herbert Baumann said he hopes the program adequately addresses the underlying issues that lead to arrests so people won't commit domestic violence in the future.

The program is the most effective way to rehabilitate children and their families, said Hillsborough County Commissioner Rose Ferlita.

Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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