Florida Senate - 2018 SB 418 By Senator Bracy 11-00275-18 2018418__ 1 A bill to be entitled 2 An act relating to criminal justice data collection; 3 providing a short title; providing legislative 4 findings and intent; defining terms; requiring each 5 law enforcement agency to report to the Department of 6 Law Enforcement the number of persons arrested and 7 released without being charged and the race and 8 ethnicity of those persons; requiring each state 9 attorney to report to the department the number of 10 persons against whom formal charges were brought and 11 subsequently dismissed and the race and ethnicity of 12 those persons; requiring each clerk of the circuit 13 court to report to the department the number of 14 persons admitted into programs for diversion from 15 prosecution and the race and ethnicity of those 16 persons; requiring the department to publish such data 17 on its public website; authorizing the department to 18 coordinate and consult with agencies or entities to 19 compile such information; providing for future repeal; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. This act may be cited as the “Criminal Diversion 25 Racial and Ethnic Impact Data Collection Act.” 26 Section 2. (1) LEGISLATIVE FINDINGS AND INTENT.—The 27 Legislature finds that racial and ethnic disparity in the 28 criminal justice system, including the overrepresentation of 29 certain minority groups in the system, is well documented, as 30 are the harmful effects of such overrepresentation. This racial 31 and ethnic disparity is evident throughout the criminal justice 32 system, and, among other things, is caused by differing patterns 33 of criminal activity, differing practices of law enforcement 34 agencies, and the discretion afforded criminal justice 35 practitioners, along with unintended effects of legislative 36 policy. The Legislature further finds that, in order to reduce 37 this disparity, data on the racial and ethnic composition of 38 offenders at each stage of the criminal justice process must be 39 systematically gathered and analyzed to lay the foundation for 40 determining the impact of proposed remedies. The unavailability 41 of information at any stage will hamper valid analysis at 42 subsequent stages. While the department currently collects 43 information on arrested persons which includes race and 44 ethnicity during the early stages of the criminal justice 45 process, this and other critical information is not available 46 for adults diverted from arrest by law enforcement agencies and 47 diverted from prosecution by state attorneys. Therefore, it is 48 the intent of the Legislature to provide a mechanism by which 49 statewide data on the race and ethnicity of offenders diverted 50 from the criminal justice system in lieu of prosecution can be 51 collected for future analyses of racial and ethnic disparities 52 in the criminal justice system. 53 (2) DEFINITIONS.—As used in this act, the term: 54 (a) “Arrested but released without being charged” means the 55 taking into custody of a person by a law enforcement agency who 56 is subsequently released from custody without a formal charge 57 being filed against him or her. 58 (b) “Department” means the Department of Law Enforcement. 59 (c) “Diversion from prosecution” means the placement of a 60 defendant into a program by a state attorney, after successful 61 completion of which formal charges are dismissed. 62 (d) “Law enforcement agency” means an agency of this state 63 or a political subdivision of this state which is vested by law 64 with the duty to maintain public order and to enforce criminal 65 laws. 66 (e) “Race and ethnicity” means categories of socially 67 significant groupings by which individuals identify themselves, 68 based on physical characteristics and cultural heritage. 69 (3) REPORTING AND PUBLICATION.— 70 (a) Each law enforcement agency in this state shall 71 determine and report to the department the number of persons 72 arrested and released without being charged and the race and 73 ethnicity of each of those persons. 74 (b) Each state attorney in this state shall determine and 75 report to the department the number of persons for whom formal 76 charges were dismissed, and the race and ethnicity of each of 77 those persons. 78 (c) Each clerk of the circuit court shall determine and 79 report to the department the number of persons admitted into a 80 program for diversion from prosecution, the race and ethnicity 81 of each of those persons, and the type of diversion program they 82 participated in. 83 (d) The department shall annually publish on its public 84 website the information reported under this subsection for the 85 previous calendar year, aggregated by county, race, ethnicity, 86 and type of diversion program, along with an assessment of the 87 quality of the information received. 88 (e) The department may coordinate and consult with any 89 agency or entity in this state required by this act to compile 90 and report such information. 91 Section 3. This act shall stand repealed on December 31, 92 2021. 93 Section 4. This act shall take effect January 1, 2019.