1 | A bill to be entitled |
2 | An act relating to juvenile civil citations; amending s. |
3 | 985.12, F.S.; requiring that a juvenile civil citation |
4 | program be established at the local level with the |
5 | concurrence of the chief judge of the circuit and other |
6 | designated persons; authorizing a law enforcement agency, |
7 | the Department of Juvenile Justice, a juvenile assessment |
8 | center, the county or municipality, or an entity selected |
9 | by the county or municipality to operate the program; |
10 | authorizing a law enforcement officer, upon making contact |
11 | with a juvenile who admits to having committed a |
12 | misdemeanor, to require participation in intervention |
13 | services based upon an assessment of the needs of the |
14 | juvenile; restricting eligibility of participants for the |
15 | civil citation program to first-time misdemeanor |
16 | offenders; requiring the issuing agency to report on the |
17 | outcome to the Department of Juvenile Justice at the |
18 | conclusion of a youth's civil citation program; providing |
19 | that the issuance of a civil citation is not considered a |
20 | referral to the department; requiring the department to |
21 | develop a civil citation model that includes intervention |
22 | services and is based upon proven civil citation programs |
23 | within the state; requiring a law enforcement officer to |
24 | issue a report if the child has not complied with the |
25 | requirements of the civil citation program; providing an |
26 | effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Section 985.12, Florida Statutes, is amended to |
31 | read: |
32 | 985.12 Civil citation.- |
33 | (1) There is established a juvenile civil citation process |
34 | for the purpose of providing an efficient and innovative |
35 | alternative to custody by the Department of Juvenile Justice for |
36 | of children who commit nonserious delinquent acts and to ensure |
37 | swift and appropriate consequences. The civil citation program |
38 | shall may be established at the local level with the concurrence |
39 | of the chief judge of the circuit, state attorney, public |
40 | defender, and the head of each local law enforcement agency |
41 | involved and may be operated by a law enforcement agency, the |
42 | department, a juvenile assessment center, the county or |
43 | municipality, or an entity selected by the county or |
44 | municipality. Under such a juvenile civil citation program, any |
45 | law enforcement officer, upon making contact with a juvenile who |
46 | admits having committed a misdemeanor, may issue a civil |
47 | citation assessing not more than 50 community service hours, and |
48 | may require participation in intervention services as indicated |
49 | by an assessment of the appropriate to identified needs of the |
50 | juvenile, including family counseling, urinalysis monitoring, |
51 | and substance abuse and mental health treatment services. A copy |
52 | of each citation issued under this section shall be provided to |
53 | the department, and the department shall enter appropriate |
54 | information into the juvenile offender information system. Only |
55 | first-time misdemeanor offenders are eligible for the civil |
56 | citation program. At the conclusion of a youth's civil citation |
57 | program, the issuing agency shall report the outcome to the |
58 | department. The issuance of a civil citation is not considered a |
59 | referral to the department. |
60 | (2) The department shall develop a civil citation model |
61 | that includes intervention services and is based upon proven |
62 | civil citation programs within Florida. |
63 | (3)(2) Upon issuing such citation, the law enforcement |
64 | officer shall send a copy to the county sheriff, state attorney, |
65 | the appropriate intake office of the department, the community |
66 | service performance monitor designated by the department, the |
67 | parent or guardian of the child, and the victim. |
68 | (4)(3) The child shall report to the community service |
69 | performance monitor within 7 working days after the date of |
70 | issuance of the citation. The work assignment shall be |
71 | accomplished at a rate of not less than 5 hours per week. The |
72 | monitor shall advise the intake office immediately upon |
73 | reporting by the child to the monitor, that the child has in |
74 | fact reported and the expected date upon which completion of the |
75 | work assignment will be accomplished. |
76 | (5)(4) If the child juvenile fails to report timely for a |
77 | work assignment, complete a work assignment, or comply with |
78 | assigned intervention services within the prescribed time, or if |
79 | the juvenile commits a third or subsequent misdemeanor, the law |
80 | enforcement officer shall issue a report stating that the child |
81 | has not complied with the requirements of the civil citation |
82 | alleging the child has committed a delinquent act, at which |
83 | point a juvenile probation officer shall process the original |
84 | delinquent act as a referral to the department perform a |
85 | preliminary determination as provided under s. 985.145. |
86 | (6)(5) At the time of issuance of the citation by the law |
87 | enforcement officer, such officer shall advise the child that |
88 | the child has the option to refuse the citation and to be |
89 | referred to the intake office of the department. That option may |
90 | be exercised at any time prior to completion of the work |
91 | assignment. |
92 | Section 2. This act shall take effect July 1, 2011. |