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.