Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1392
       
       
       
       
       
       
                                Ì381400bÎ381400                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2018           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 249 - 396
    4  and insert:
    5         Section 3. Section 985.12, Florida Statutes, is amended to
    6  read:
    7         985.12 Civil citation or similar prearrest diversion
    8  programs.—
    9         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   10  that the creation and implementation of civil citation or
   11  similar prearrest diversion programs at the judicial circuit
   12  level promotes public safety, aids interagency cooperation, and
   13  provides the greatest chance of success for civil citation and
   14  similar prearrest diversion programs. The Legislature further
   15  finds that the widespread use of civil citation and similar
   16  prearrest diversion programs has a positive effect on the
   17  criminal justice system and contributes to an overall reduction
   18  in the crime rate and recidivism in the state. The Legislature
   19  encourages but does not mandate that counties, municipalities,
   20  and public or private educational institutions participate in a
   21  civil citation or similar prearrest diversion program created by
   22  their judicial circuit under this section. There is established
   23  a juvenile civil citation process for the purpose of providing
   24  an efficient and innovative alternative to custody by the
   25  Department of Juvenile Justice for children who commit
   26  nonserious delinquent acts and to ensure swift and appropriate
   27  consequences. The department shall encourage and assist in the
   28  implementation and improvement of civil citation programs or
   29  other similar diversion programs around the state.
   30         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
   31  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION AND OPERATION.—
   32         (a) A The civil citation or similar prearrest diversion
   33  program shall be established in each judicial circuit in the
   34  state. The at the local level with the concurrence of the chief
   35  judge of the circuit, state attorney and, public defender of
   36  each circuit, the clerk of the court for each county in the
   37  circuit, and representatives of participating law enforcement
   38  agencies in the circuit shall create a civil citation or similar
   39  prearrest diversion program and develop its policies and
   40  procedures. In developing the program’s policies and procedures,
   41  input from other interested stakeholders may be solicited. The
   42  department shall annually develop and provide guidelines on best
   43  practice models for civil citation or similar prearrest
   44  diversion programs to the judicial circuits as a resource.
   45         (b) Each judicial circuit’s civil citation or similar
   46  prearrest diversion program must specify:
   47         1. The misdemeanor offenses that qualify a juvenile for
   48  participation in the program;
   49         2. The eligibility criteria for the program;
   50         3. The program’s implementation and operation;
   51         4. The program’s requirements, including, but not limited
   52  to, the completion of community service hours, payment of
   53  restitution, if applicable, and intervention services indicated
   54  by a needs assessment of the juvenile, approved by the
   55  department, such as family counseling, urinalysis monitoring,
   56  and substance abuse and mental health treatment services; and
   57         5. A program fee, if any, to be paid by a juvenile
   58  participating in the program. If the program imposes a fee, the
   59  clerk of the court of the applicable county must receive a
   60  reasonable portion of the fee.
   61         (c) The state attorney of each circuit shall operate a
   62  civil citation or similar prearrest diversion program in each
   63  circuit. A sheriff, police department, county, municipality, or
   64  public or private educational institution may continue to
   65  operate an independent civil citation or similar prearrest
   66  diversion program that is in operation as of October 1, 2018, if
   67  the independent program is reviewed by the state attorney of the
   68  applicable circuit and he or she determines that the independent
   69  program is substantially similar to the civil citation or
   70  similar prearrest diversion program developed by the circuit. If
   71  the state attorney determines that the independent program is
   72  not substantially similar to the civil citation or similar
   73  prearrest diversion program developed by the circuit, the
   74  operator of the independent diversion program may revise the
   75  program and the state attorney may conduct an additional review
   76  of the independent program.
   77         (d)A judicial circuit may model an existing sheriff,
   78  police department, county, municipality, or public or private
   79  educational institution’s independent civil citation or similar
   80  prearrest diversion program in developing the civil citation or
   81  similar prearrest diversion program for the circuit.
   82         (e) If a juvenile does not successfully complete the civil
   83  citation or similar prearrest diversion program, the arresting
   84  law enforcement officer shall determine if there is good cause
   85  to arrest the juvenile for the original misdemeanor offense and
   86  refer the case to the state attorney to determine if prosecution
   87  is appropriate or allow the juvenile to continue in the program
   88  and the head of each local law enforcement agency involved. The
   89  program may be operated by an entity such as a law enforcement
   90  agency, the department, a juvenile assessment center, the county
   91  or municipality, or another entity selected by the county or
   92  municipality. An entity operating the civil citation or similar
   93  diversion program must do so in consultation and agreement with
   94  the state attorney and local law enforcement agencies. Under
   95  such a juvenile civil citation or similar diversion program, a
   96  law enforcement officer, upon making contact with a juvenile who
   97  admits having committed a misdemeanor, may choose to issue a
   98  simple warning or inform the child’s guardian or parent of the
   99  child’s infraction, or may issue a civil citation or require
  100  participation in a similar diversion program, and assess up to
  101  50 community service hours, and require participation in
  102  intervention services as indicated by an assessment of the needs
  103  of the juvenile, including family counseling, urinalysis
  104  monitoring, and substance abuse and mental health treatment
  105  services.
  106         (f) A copy of each civil citation or similar prearrest
  107  diversion program notice issued under this section shall be
  108  provided to the department, and the department shall enter
  109  appropriate information into the juvenile offender information
  110  system. Use of the civil citation or similar diversion program
  111  is not limited to first-time misdemeanors and may be used in up
  112  to two subsequent misdemeanors. If an arrest is made, a law
  113  enforcement officer must provide written documentation as to why
  114  an arrest was warranted.
  115         (g) At the conclusion of a juvenile’s civil citation
  116  program or similar prearrest diversion program, the state
  117  attorney or operator of the independent program agency operating
  118  the program shall report the outcome to the department. The
  119  issuance of a civil citation or similar prearrest diversion
  120  program notice is not considered a referral to the department.
  121         (2) The department shall develop guidelines for the civil
  122  citation program which include intervention services that are
  123  based upon proven civil citation or similar diversion programs
  124  within the state.
  125         (h)(3) Upon issuing such a civil citation or similar
  126  prearrest diversion program notice, the law enforcement officer
  127  shall send a copy of to the civil citation or similar prearrest
  128  diversion program notice to county sheriff, state attorney, the
  129  appropriate intake office of the department, or the community
  130  service performance monitor designated by the department, the
  131  parent or guardian of the child, and to the victim.
  132         (4) The child shall report to the community service
  133  performance monitor within 7 working days after the date of
  134  issuance of the citation. The work assignment shall be
  135  accomplished at a rate of not less than 5 hours per week. The
  136  monitor shall advise the intake office immediately upon
  137  reporting by the child to the monitor, that the child has in
  138  fact reported and the expected date upon which completion of the
  139  work assignment will be accomplished.
  140         (5) If the child fails to report timely for a work
  141  assignment, complete a work assignment, or comply with assigned
  142  intervention services within the prescribed time, or if the
  143  juvenile commits a subsequent misdemeanor, the law enforcement
  144  officer shall issue a report alleging the child has committed a
  145  delinquent act, at which point a juvenile probation officer
  146  shall process the original delinquent act as a referral to the
  147  department and refer the report to the state attorney for
  148  review.
  149         (6) At the time of issuance of the citation by the law
  150  enforcement officer, such officer shall advise the child that
  151  the child has the option to refuse the citation and to be
  152  referred to the intake office of the department. That option may
  153  be exercised at any time before completion of the work
  154  assignment.
  155  
  156  ================= T I T L E  A M E N D M E N T ================
  157  And the title is amended as follows:
  158         Delete lines 41 - 70
  159  and insert:
  160         certain purpose; establishing a civil citation or
  161         similar prearrest diversion program in each judicial
  162         circuit, rather than at the local level with the
  163         concurrence of specified persons; requiring that the
  164         state attorney and public defender of each circuit,
  165         the clerk of the court for each county in the circuit,
  166         and representatives of participating law enforcement
  167         agencies create a civil citation or similar prearrest
  168         diversion program and develop its policies and
  169         procedures; authorizing such entities to solicit
  170         stakeholders for input in developing the program’s
  171         policies and procedures; requiring the Department of
  172         Juvenile Justice to annually develop and provide
  173         guidelines on civil citation or similar prearrest
  174         diversion programs to the judicial circuits; providing
  175         requirements for the civil citation or similar
  176         prearrest diversion program; requiring the state
  177         attorney of each judicial circuit to operate the civil
  178         citation or similar prearrest diversion program;
  179         providing an exception; providing construction;
  180         requiring the arresting law enforcement officer to
  181         make a determination if a juvenile does not
  182         successfully complete the civil citation or similar
  183         prearrest diversion program; deleting provisions
  184         relating to the operation of and requirements for a
  185         civil citation or similar prearrest diversion program;
  186         requiring that a copy of each civil citation or
  187         similar prearrest diversion program notice be provided
  188         to the Department of Juvenile Justice; conforming
  189         provisions to changes made by the act; deleting
  190         provisions relating to requirements for a civil
  191         citation or similar prearrest diversion program;