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City Prosecutor Haubert Says His Office's "Stay Away" Court Order Program Should Stem Shore's Transient Tide, Notes Shortage of Patrol Officers + Quick Release Of Minor Offenders Has Hampered Efforts To Trim Loitering

by Joe Segura
Special to LBREPORT.com


(Sept. 30, 2014) -- City Prosecutor Doug Haubert alerted Belmont Shore business owners Tuesday (Sept. 30) that the city's short-term "stay away" court order tool should stem homeless and transient person problems.

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Haubert told a monthly Belmont Shore Business Association luncheon that his office's use of gang injunctions has proven to be an effective law enforcement device in fighting gang problems at city parks, but a shortage in patrol officers and a quick release of minor offenders have hampered the efforts to trim loitering in the city.

He said "stay away" orders, now bring sought when appropriate by his office as a condition of probation, have separately proved effective in dealing with the types of issues seen in Belmont Shore.

In the Belmont Shore area -- along Second Street, between Livingston Drive and Bay Shore Avenue -- three people have now been placed on "stay away" probation, Haubert told the business owners.

The City Prosecutor's first use of a "stay away" order occurred in August 2014, when a 24 year old LB man pleaded "no contest" to public intoxicaton, received jail time, was placed probation, and was additionally ordered not to return to Belmont Shore. Using that tool, any person who returns to Belmont Shore after being ordered to stay away will be subject to immediate arrest.

The City Prosecutor, however, emphasized that the long-term solution of mental health treatment is the preferred remedy to homelessness and transient problems.

The text above was clarified on Oct. 3 to clarify that two separate tools are being used by the City Prosecutor's office: gang injunctions (court order directed at multiple gang memberss) and "stay away" orders (condition of probation directed at a specific defendant.)


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