1 | A bill to be entitled |
2 | An act relating to juvenile civil citations; amending s. |
3 | 985.12, F.S.; requiring the Department of Juvenile Justice |
4 | to encourage and assist in the implementation and |
5 | improvement of civil citation and similar diversion |
6 | programs; requiring that a juvenile civil citation or |
7 | similar diversion program be established at the local |
8 | level with the concurrence of the chief judge of the |
9 | circuit and other designated persons; authorizing a law |
10 | enforcement agency, the Department of Juvenile Justice, a |
11 | juvenile assessment center, the county or municipality, or |
12 | an entity selected by the county or municipality to |
13 | operate the civil citation or similar diversion program; |
14 | requiring the entity operating the program to be selected |
15 | in consultation and agreement with the state attorney and |
16 | the local law enforcement agencies; authorizing a law |
17 | enforcement officer, upon making contact with a juvenile |
18 | who admits to having committed a misdemeanor, to require |
19 | participation in intervention services based upon an |
20 | assessment of the needs of the juvenile; restricting |
21 | eligibility of participants for the civil citation or |
22 | similar diversion program to first-time misdemeanor |
23 | offenders unless the participation is approved by the |
24 | state attorney or assistant state attorney; requiring the |
25 | agency operating the program to report on the outcome to |
26 | the Department of Juvenile Justice at the conclusion of a |
27 | youth's civil citation or similar diversion program; |
28 | providing that the issuance of a civil citation is not |
29 | considered a referral to the department; requiring the |
30 | department to develop guidelines for the civil citation |
31 | program which include intervention services that are based |
32 | upon proven civil citation or similar diversion programs |
33 | within the state; requiring a juvenile probation officer |
34 | to process the original delinquent act as a referral to |
35 | the department in specified circumstances and to refer |
36 | certain reports to the state attorney for review; |
37 | providing an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Section 985.12, Florida Statutes, is amended to |
42 | read: |
43 | 985.12 Civil citation.- |
44 | (1) There is established a juvenile civil citation process |
45 | for the purpose of providing an efficient and innovative |
46 | alternative to custody by the Department of Juvenile Justice for |
47 | of children who commit nonserious delinquent acts and to ensure |
48 | swift and appropriate consequences. The department shall |
49 | encourage and assist in the implementation and improvement of |
50 | civil citation programs or other similar diversion programs |
51 | around the state. The civil citation or similar diversion |
52 | program shall may be established at the local level with the |
53 | concurrence of the chief judge of the circuit, state attorney, |
54 | public defender, and the head of each local law enforcement |
55 | agency involved. The program may be operated by an entity such |
56 | as a law enforcement agency, the department, a juvenile |
57 | assessment center, the county or municipality, or some other |
58 | entity selected by the county or municipality. An entity |
59 | operating the civil citation or similar diversion program must |
60 | do so in consultation and agreement with the state attorney and |
61 | local law enforcement agencies. Under such a juvenile civil |
62 | citation or similar diversion program, any law enforcement |
63 | officer, upon making contact with a juvenile who admits having |
64 | committed a misdemeanor, may issue a civil citation and assess |
65 | assessing not more than 50 community service hours, and may |
66 | require participation in intervention services as indicated by |
67 | an assessment of the appropriate to identified needs of the |
68 | juvenile, including family counseling, urinalysis monitoring, |
69 | and substance abuse and mental health treatment services. A copy |
70 | of each citation issued under this section shall be provided to |
71 | the department, and the department shall enter appropriate |
72 | information into the juvenile offender information system. Only |
73 | first-time misdemeanor offenders are eligible for the civil |
74 | citation or similar diversion program. At the conclusion of a |
75 | juvenile's civil citation or similar diversion program, the |
76 | agency operating the program shall report the outcome to the |
77 | department. The issuance of a civil citation is not considered a |
78 | referral to the department. |
79 | (2) The department shall develop guidelines for the civil |
80 | citation program which include intervention services that are |
81 | based upon proven civil citation or similar diversion programs |
82 | within the state. |
83 | (3)(2) Upon issuing such citation, the law enforcement |
84 | officer shall send a copy to the county sheriff, state attorney, |
85 | the appropriate intake office of the department, or the |
86 | community service performance monitor designated by the |
87 | department, the parent or guardian of the child, and the victim. |
88 | (4)(3) The child shall report to the community service |
89 | performance monitor within 7 working days after the date of |
90 | issuance of the citation. The work assignment shall be |
91 | accomplished at a rate of not less than 5 hours per week. The |
92 | monitor shall advise the intake office immediately upon |
93 | reporting by the child to the monitor, that the child has in |
94 | fact reported and the expected date upon which completion of the |
95 | work assignment will be accomplished. |
96 | (5)(4) If the child juvenile fails to report timely for a |
97 | work assignment, complete a work assignment, or comply with |
98 | assigned intervention services within the prescribed time, or if |
99 | the juvenile commits a third or subsequent misdemeanor, the law |
100 | enforcement officer shall issue a report alleging the child has |
101 | committed a delinquent act, at which point a juvenile probation |
102 | officer shall process the original delinquent act as a referral |
103 | to the department and refer the report to the state attorney for |
104 | review perform a preliminary determination as provided under s. |
105 | 985.145. |
106 | (6)(5) At the time of issuance of the citation by the law |
107 | enforcement officer, such officer shall advise the child that |
108 | the child has the option to refuse the citation and to be |
109 | referred to the intake office of the department. That option may |
110 | be exercised at any time before prior to completion of the work |
111 | assignment. |
112 | Section 2. This act shall take effect July 1, 2011. |