CS/HB 997

1
A bill to be entitled
2An act relating to juvenile civil citations; amending s.
3985.12, F.S.; requiring the Department of Juvenile Justice
4to encourage and assist in the implementation and
5improvement of civil citation and similar diversion
6programs; requiring that a juvenile civil citation or
7similar diversion program be established at the local
8level with the concurrence of the chief judge of the
9circuit and other designated persons; authorizing a law
10enforcement agency, the Department of Juvenile Justice, a
11juvenile assessment center, the county or municipality, or
12an entity selected by the county or municipality to
13operate the civil citation or similar diversion program;
14requiring the entity operating the program to be selected
15in consultation and agreement with the state attorney and
16the local law enforcement agencies; authorizing a law
17enforcement officer, upon making contact with a juvenile
18who admits to having committed a misdemeanor, to require
19participation in intervention services based upon an
20assessment of the needs of the juvenile; restricting
21eligibility of participants for the civil citation or
22similar diversion program to first-time misdemeanor
23offenders unless the participation is approved by the
24state attorney or assistant state attorney; requiring the
25agency operating the program to report on the outcome to
26the Department of Juvenile Justice at the conclusion of a
27youth's civil citation or similar diversion program;
28providing that the issuance of a civil citation is not
29considered a referral to the department; requiring the
30department to develop guidelines for the civil citation
31program which include intervention services that are based
32upon proven civil citation or similar diversion programs
33within the state; requiring a juvenile probation officer
34to process the original delinquent act as a referral to
35the department in specified circumstances and to refer
36certain reports to the state attorney for review;
37providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 985.12, Florida Statutes, is amended to
42read:
43     985.12  Civil citation.-
44     (1)  There is established a juvenile civil citation process
45for the purpose of providing an efficient and innovative
46alternative to custody by the Department of Juvenile Justice for
47of children who commit nonserious delinquent acts and to ensure
48swift and appropriate consequences. The department shall
49encourage and assist in the implementation and improvement of
50civil citation programs or other similar diversion programs
51around the state. The civil citation or similar diversion
52program shall may be established at the local level with the
53concurrence of the chief judge of the circuit, state attorney,
54public defender, and the head of each local law enforcement
55agency involved. The program may be operated by an entity such
56as a law enforcement agency, the department, a juvenile
57assessment center, the county or municipality, or some other
58entity selected by the county or municipality. An entity
59operating the civil citation or similar diversion program must
60do so in consultation and agreement with the state attorney and
61local law enforcement agencies. Under such a juvenile civil
62citation or similar diversion program, any law enforcement
63officer, upon making contact with a juvenile who admits having
64committed a misdemeanor, may issue a civil citation and assess
65assessing not more than 50 community service hours, and may
66require participation in intervention services as indicated by
67an assessment of the appropriate to identified needs of the
68juvenile, including family counseling, urinalysis monitoring,
69and substance abuse and mental health treatment services. A copy
70of each citation issued under this section shall be provided to
71the department, and the department shall enter appropriate
72information into the juvenile offender information system. Only
73first-time misdemeanor offenders are eligible for the civil
74citation or similar diversion program. At the conclusion of a
75juvenile's civil citation or similar diversion program, the
76agency operating the program shall report the outcome to the
77department. The issuance of a civil citation is not considered a
78referral to the department.
79     (2)  The department shall develop guidelines for the civil
80citation program which include intervention services that are
81based upon proven civil citation or similar diversion programs
82within the state.
83     (3)(2)  Upon issuing such citation, the law enforcement
84officer shall send a copy to the county sheriff, state attorney,
85the appropriate intake office of the department, or the
86community service performance monitor designated by the
87department, the parent or guardian of the child, and the victim.
88     (4)(3)  The child shall report to the community service
89performance monitor within 7 working days after the date of
90issuance of the citation. The work assignment shall be
91accomplished at a rate of not less than 5 hours per week. The
92monitor shall advise the intake office immediately upon
93reporting by the child to the monitor, that the child has in
94fact reported and the expected date upon which completion of the
95work assignment will be accomplished.
96     (5)(4)  If the child juvenile fails to report timely for a
97work assignment, complete a work assignment, or comply with
98assigned intervention services within the prescribed time, or if
99the juvenile commits a third or subsequent misdemeanor, the law
100enforcement officer shall issue a report alleging the child has
101committed a delinquent act, at which point a juvenile probation
102officer shall process the original delinquent act as a referral
103to the department and refer the report to the state attorney for
104review perform a preliminary determination as provided under s.
105985.145.
106     (6)(5)  At the time of issuance of the citation by the law
107enforcement officer, such officer shall advise the child that
108the child has the option to refuse the citation and to be
109referred to the intake office of the department. That option may
110be exercised at any time before prior to completion of the work
111assignment.
112     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.