| 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 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 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. |