Florida Senate - 2017                              CS for SB 448
       By the Committee on Criminal Justice; and Senator Brandes
       591-02385A-17                                          2017448c1
    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; specifying how the
   31         misdemeanor offenses that are eligible for the
   32         prearrest diversion program are selected; providing
   33         applicability; providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 901.40, Florida Statutes, is created to
   38  read:
   39         901.40Prearrest diversion programs.—
   40         (1)INTENT.—The Legislature encourages local communities
   41  and public or private educational institutions to implement
   42  prearrest diversion programs that afford certain adults who
   43  fulfill specified intervention and community service obligations
   44  the opportunity to avoid an arrest record. The Legislature does
   45  not mandate that a particular prearrest diversion program for
   46  adults be adopted, but finds that the adoption of the model
   47  provided in this section would allow certain adults to avoid an
   48  arrest record, while ensuring that those adults receive
   49  appropriate intervention and fulfill community service
   50  obligations. If a prearrest diversion program is implemented,
   51  the program is encouraged to share information with other
   52  prearrest diversion programs.
   53         (2)MODEL PREARREST DIVERSION PROGRAM.—Local communities
   54  and public or private educational institutions may adopt a
   55  program in which:
   56         (a)Law enforcement officers, at their sole discretion, may
   57  issue a civil citation or similar prearrest diversion program
   58  notice to certain adults who commit a qualifying misdemeanor
   59  offense selected by the program. A civil citation or similar
   60  prearrest diversion program notice may be issued if the adult:
   61         1. Admits that he or she committed the offense or does not
   62  contest the offense; and
   63         2. Has not previously been arrested and has not received an
   64  adult civil citation or similar prearrest diversion program
   65  notice, unless the terms of the local adult prearrest diversion
   66  program allow otherwise.
   67         (b)An adult who receives a civil citation or similar
   68  prearrest diversion program notice shall report for intake as
   69  required by the local prearrest diversion program and shall be
   70  provided appropriate assessment, intervention, education, and
   71  behavioral health care services by the program. While in the
   72  local prearrest diversion program, the adult shall perform
   73  community service hours as specified by the program. The adult
   74  shall pay restitution due to the victim as a program
   75  requirement. If the adult does not successfully complete the
   76  prearrest diversion program, the law enforcement officer shall
   77  determine if there is good cause to arrest the adult for the
   78  original misdemeanor offense and refer the case to the state
   79  attorney to determine if prosecution is appropriate or allow the
   80  adult to continue in the program.
   82  Representatives of participating law enforcement agencies, a
   83  representative of the program services provider, the public
   84  defender, the state attorney, and the clerk of the circuit court
   85  shall create the prearrest diversion program and develop its
   86  policies and procedures, including, but not limited to,
   87  eligibility criteria, program implementation and operation, and
   88  the determination of the fee, if any, to be paid by adults
   89  participating in the program. In developing the policies and
   90  procedures for the program, the parties must solicit input from
   91  other interested stakeholders. The program may be operated by an
   92  entity such as a law enforcement agency, the county or
   93  municipality, or another entity selected by the county or
   94  municipality.
   95         (4)QUALIFYING OFFENSES.—Misdemeanor offenses that qualify
   96  the offender for a prearrest diversion program must be selected
   97  as part of the program development under subsection (3).
   98         (5) APPLICABILITY.—This section does not preempt a county
   99  or municipality from enacting noncriminal sanctions for a
  100  violation of an ordinance or other violation, and it does not
  101  preempt a county, a municipality, or a public or private
  102  educational institution from creating its own model for a
  103  prearrest diversion program for adults.
  104         Section 2. This act shall take effect July 1, 2017.