Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1300
       
       
       
       
       
       
                                Barcode 302586                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Criminal Justice (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Section 985.12, Florida Statutes, is amended to
    7  read:
    8         985.12 Civil citation.—
    9         (1) There is established a juvenile civil citation process
   10  for the purpose of providing an efficient and innovative
   11  alternative to custody by the Department of Juvenile Justice for
   12  of children who commit nonserious delinquent acts and to ensure
   13  swift and appropriate consequences. The department shall
   14  encourage and assist in the implementation and improvement of
   15  civil citation programs or other similar diversion programs
   16  around the state. The civil citation or similar program shall
   17  may be established at the local level with the concurrence of
   18  the chief judge of the circuit, state attorney, public defender,
   19  and the head of each local law enforcement agency involved. The
   20  program may be operated by an entity such as a law enforcement
   21  agency, the department, a juvenile assessment center, the county
   22  or municipality, or some other entity selected by the county or
   23  municipality. Whichever entity is selected to operate the civil
   24  citation or similar diversion program shall be done so in
   25  consultation and agreement with the state attorney and local law
   26  enforcement agencies. Under such a juvenile civil citation
   27  program or similar diversion program, any law enforcement
   28  officer, upon making contact with a juvenile who admits having
   29  committed a misdemeanor, may issue a civil citation and assess
   30  assessing not more than 50 community service hours, and may
   31  require participation in intervention services as indicated by
   32  an assessment of the appropriate to identified needs of the
   33  juvenile, including family counseling, urinalysis monitoring,
   34  and substance abuse and mental health treatment services. A copy
   35  of each citation issued under this section shall be provided to
   36  the department, and the department shall enter appropriate
   37  information into the juvenile offender information system. Only
   38  first-time misdemeanor offenders are eligible for the civil
   39  citation program or similar diversion program. At the conclusion
   40  of a juvenile’s civil citation program or similar diversion
   41  program, the agency operating the program shall report the
   42  outcome to the department. The issuance of a civil citation is
   43  not considered a referral to the department.
   44         (2) The department shall develop guidelines for the civil
   45  citation program which include intervention services that are
   46  based upon proven civil citation programs or similar diversion
   47  programs within the state.
   48         (3)(2) Upon issuing such citation, the law enforcement
   49  officer shall send a copy to the county sheriff, state attorney,
   50  the appropriate intake office of the department, or the
   51  community service performance monitor designated by the
   52  department, and the parent or guardian of the child, and the
   53  victim.
   54         (4)(3) The child shall report to the community service
   55  performance monitor within 7 working days after the date of
   56  issuance of the citation. The work assignment shall be
   57  accomplished at a rate of not less than 5 hours per week. The
   58  monitor shall advise the intake office immediately upon
   59  reporting by the child to the monitor, that the child has in
   60  fact reported and the expected date upon which completion of the
   61  work assignment will be accomplished.
   62         (5)(4) If the child juvenile fails to report timely for a
   63  work assignment, complete a work assignment, or comply with
   64  assigned intervention services within the prescribed time, or if
   65  the juvenile commits a third or subsequent misdemeanor, the law
   66  enforcement officer shall issue a report alleging the child has
   67  committed a delinquent act, at which point a juvenile probation
   68  officer shall process the original delinquent act as a referral
   69  to the department and refer the report to the state attorney for
   70  review perform a preliminary determination as provided under s.
   71  985.145.
   72         (6)(5) At the time of issuance of the citation by the law
   73  enforcement officer, such officer shall advise the child that
   74  the child has the option to refuse the citation and to be
   75  referred to the intake office of the department. That option may
   76  be exercised at any time before prior to completion of the work
   77  assignment.
   78         Section 2. This act shall take effect July 1, 2011.
   79  
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82  
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to juvenile civil citations; amending
   87         s. 985.12, F.S.; requiring the Department of Juvenile
   88         Justice to encourage and assist in the implementation
   89         and improvement of civil citation and similar
   90         diversionary programs; requiring that a juvenile civil
   91         citation and similar diversion program be established
   92         at the local level with the concurrence of the chief
   93         judge of the circuit and other designated persons;
   94         authorizing a law enforcement agency, the Department
   95         of Juvenile Justice, a juvenile assessment center, the
   96         county or municipality, or an entity selected by the
   97         county or municipality to operate the civil citation
   98         or similar diversion program; requiring the entity
   99         operating the program to do so in consultation with
  100         and agreement by the state attorney and the local law
  101         enforcement agencies; authorizing a law enforcement
  102         officer, upon making contact with a juvenile who
  103         admits to having committed a misdemeanor, to require
  104         participation in intervention services based upon an
  105         assessment of the needs of the juvenile; restricting
  106         eligibility of participants for the civil citation
  107         program to first-time misdemeanor offenders unless the
  108         participation is approved by the state attorney or
  109         assistant state attorney; requiring the agency
  110         operating the program to report on the outcome to the
  111         Department of Juvenile Justice at the conclusion of a
  112         youth’s civil citation or similar diversion program;
  113         providing that the issuance of a civil citation is not
  114         considered a referral to the department; requiring the
  115         department to develop guidelines for the civil
  116         citation program which include intervention services
  117         that are based upon proven civil citation and similar
  118         diversionary programs within the state; deleting a
  119         provision requiring that a law enforcement officer
  120         send a copy of a civil citation to the victim of the
  121         offense; requiring a juvenile probation officer to
  122         process the original delinquent act as a referral to
  123         the department in specified circumstances and to refer
  124         certain reports to the state attorney for review;
  125         providing an effective date.