Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 448 Ì475178MÎ475178 576-03826-17 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Criminal and Civil Justice) 1 A bill to be entitled 2 An act relating to prearrest diversion programs; 3 creating s. 901.40, F.S.; encouraging local 4 communities and public or private educational 5 institutions to implement prearrest diversion programs 6 for certain offenders; encouraging prearrest diversion 7 programs to share information with other prearrest 8 diversion programs; authorizing law enforcement 9 officers, at their sole discretion, to issue a civil 10 citation or similar prearrest diversion program notice 11 to adults under specified circumstances; requiring an 12 adult who is issued a civil citation or similar 13 prearrest diversion program notice by a participating 14 law enforcement agency to report for intake as 15 required by the prearrest diversion program; requiring 16 the program to provide certain appropriate services; 17 requiring that an adult who is issued a civil citation 18 or similar prearrest diversion program notice fulfill 19 a community service requirement; requiring the adult 20 to pay restitution to a victim; requiring the law 21 enforcement officer to determine if there is good 22 cause to arrest an adult who did not successfully 23 complete the program and refer the case to the state 24 attorney or allow the adult to continue in the 25 program; requiring specified entities to create the 26 prearrest diversion program; requiring the entities to 27 develop policies and procedures for the development 28 and operation of the program and to solicit input from 29 other interested stakeholders; authorizing specified 30 entities to operate the program; requiring the 31 prearrest diversion program operator to electronically 32 provide a participant’s personal identifying 33 information to the clerk of the circuit court; 34 specifying requirements for the clerk on the handling 35 of the information and maintaining it in a statewide 36 database; providing for fee sharing under certain 37 circumstances; requiring fees received by the clerk to 38 be deposited in a certain fund; specifying how the 39 misdemeanor offenses that are eligible for the 40 prearrest diversion program are selected; providing 41 applicability; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 901.40, Florida Statutes, is created to 46 read: 47 901.40 Prearrest diversion programs.— 48 (1) INTENT.—The Legislature encourages local communities 49 and public or private educational institutions to implement 50 prearrest diversion programs that afford certain adults who 51 fulfill specified intervention and community service obligations 52 the opportunity to avoid an arrest record. The Legislature does 53 not mandate that a particular prearrest diversion program for 54 adults be adopted, but finds that the adoption of the model 55 provided in this section would allow certain adults to avoid an 56 arrest record, while ensuring that those adults receive 57 appropriate intervention and fulfill community service 58 obligations. If a prearrest diversion program is implemented, 59 the program is encouraged to share information with other 60 prearrest diversion programs. 61 (2) MODEL PREARREST DIVERSION PROGRAM.—Local communities 62 and public or private educational institutions may adopt a 63 program in which: 64 (a) Law enforcement officers, at their sole discretion, may 65 issue a civil citation or similar prearrest diversion program 66 notice to certain adults who commit a qualifying misdemeanor 67 offense selected by the program. A civil citation or similar 68 prearrest diversion program notice may be issued if the adult: 69 1. Admits that he or she committed the offense or does not 70 contest the offense; and 71 2. Has not previously been arrested and has not received an 72 adult civil citation or similar prearrest diversion program 73 notice, unless the terms of the local adult prearrest diversion 74 program allow otherwise. 75 (b) An adult who receives a civil citation or similar 76 prearrest diversion program notice shall report for intake as 77 required by the local prearrest diversion program and shall be 78 provided appropriate assessment, intervention, education, and 79 behavioral health care services by the program. While in the 80 local prearrest diversion program, the adult shall perform 81 community service hours as specified by the program. The adult 82 shall pay restitution due to the victim as a program 83 requirement. If the adult does not successfully complete the 84 prearrest diversion program, the law enforcement officer shall 85 determine if there is good cause to arrest the adult for the 86 original misdemeanor offense and refer the case to the state 87 attorney to determine if prosecution is appropriate or allow the 88 adult to continue in the program. 89 (3) PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.— 90 (a) Representatives of participating law enforcement 91 agencies, a representative of the program services provider, the 92 public defender, the state attorney, and the clerk of the 93 circuit court shall create the prearrest diversion program and 94 develop its policies and procedures, including, but not limited 95 to, eligibility criteria, program implementation and operation, 96 and the determination of the fee, if any, to be paid by adults 97 participating in the program. In developing the policies and 98 procedures for the program, the parties must solicit input from 99 other interested stakeholders. The program may be operated by an 100 entity such as a law enforcement agency, the county or 101 municipality, or another entity selected by the county or 102 municipality. 103 (b) Upon intake of any person participating in the program, 104 the program operator shall electronically provide a 105 participant’s personal identifying information to the clerk of 106 the circuit court for the county in which the program provides 107 services. Such information is not a court record, and the clerk 108 must maintain confidentiality of the participant’s personal 109 identifying information in accordance with subsection (6). The 110 clerk shall maintain such information in a statewide database, 111 which must provide a single point of access for all such 112 statewide information. If the program includes a fee for 113 participation, the clerk must receive a reasonable portion, to 114 be determined by the stakeholders creating the program, for 115 receiving and maintaining the personal identifying information. 116 The fee must be deposited by the clerk into the clerk’s fine and 117 forfeiture fund established pursuant to s. 142.01. 118 (4) QUALIFYING OFFENSES.—Misdemeanor offenses that qualify 119 the offender for a prearrest diversion program must be selected 120 as part of the program development under subsection (3). 121 (5) APPLICABILITY.—This section does not preempt a county 122 or municipality from enacting noncriminal sanctions for a 123 violation of an ordinance or other violation, and it does not 124 preempt a county, a municipality, or a public or private 125 educational institution from creating its own model for a 126 prearrest diversion program for adults. 127 Section 2. This act shall take effect July 1, 2018.