Bill Text: FL S1300 | 2011 | Regular Session | Comm Sub
Bill Title: Juvenile Civil Citations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 701 [S1300 Detail]
Download: Florida-2011-S1300-Comm_Sub.html
Florida Senate - 2011 CS for SB 1300 By the Committee on Criminal Justice; and Senator Storms 591-02846-11 20111300c1 1 A bill to be entitled 2 An act relating to juvenile civil citations; amending 3 s. 985.12, F.S.; requiring the Department of Juvenile 4 Justice to encourage and assist in the implementation 5 and improvement of civil citation and similar 6 diversionary programs; requiring that a juvenile civil 7 citation and similar diversion program be established 8 at the local level with the concurrence of the chief 9 judge of the circuit and other designated persons; 10 authorizing a law enforcement agency, the Department 11 of Juvenile Justice, a juvenile assessment center, the 12 county or municipality, or an entity selected by the 13 county or municipality to operate the civil citation 14 or similar diversion program; requiring the entity 15 operating the program to do so in consultation with 16 and agreement by the state attorney and the local law 17 enforcement agencies; authorizing a law enforcement 18 officer, upon making contact with a juvenile who 19 admits to having committed a misdemeanor, to require 20 participation in intervention services based upon an 21 assessment of the needs of the juvenile; restricting 22 eligibility of participants for the civil citation 23 program to first-time misdemeanor offenders unless the 24 participation is approved by the state attorney or 25 assistant state attorney; requiring the agency 26 operating the program to report on the outcome to the 27 Department of Juvenile Justice at the conclusion of a 28 youth’s civil citation or similar diversion program; 29 providing that the issuance of a civil citation is not 30 considered a referral to the department; requiring the 31 department to develop guidelines for the civil 32 citation program which include intervention services 33 that are based upon proven civil citation and similar 34 diversionary programs within the state; deleting a 35 provision requiring that a law enforcement officer 36 send a copy of a civil citation to the victim of the 37 offense; requiring a juvenile probation officer to 38 process the original delinquent act as a referral to 39 the department in specified circumstances and to refer 40 certain reports to the state attorney for review; 41 providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 985.12, Florida Statutes, is amended to 46 read: 47 985.12 Civil citation.— 48 (1) There is established a juvenile civil citation process 49 for the purpose of providing an efficient and innovative 50 alternative to custody by the Department of Juvenile Justice for 51ofchildren who commit nonserious delinquent acts and to ensure 52 swift and appropriate consequences. The department shall 53 encourage and assist in the implementation and improvement of 54 civil citation programs or other similar diversion programs 55 around the state. The civil citation or similar program shall 56maybe established at the local level with the concurrence of 57 the chief judge of the circuit, state attorney, public defender, 58 and the head of each local law enforcement agency involved. The 59 program may be operated by an entity such as a law enforcement 60 agency, the department, a juvenile assessment center, the county 61 or municipality, or some other entity selected by the county or 62 municipality. Whichever entity is selected to operate the civil 63 citation or similar diversion program shall be done so in 64 consultation and agreement with the state attorney and local law 65 enforcement agencies. Under such a juvenile civil citation 66 program or similar diversion program, any law enforcement 67 officer, upon making contact with a juvenile who admits having 68 committed a misdemeanor, may issue a civil citation and assess 69assessingnot more than 50 community service hours, andmay70 require participation in intervention services as indicated by 71 an assessment of theappropriate to identifiedneeds of the 72 juvenile, including family counseling, urinalysis monitoring, 73 and substance abuse and mental health treatment services. A copy 74 of each citation issued under this section shall be provided to 75 the department, and the department shall enter appropriate 76 information into the juvenile offender information system. Only 77 first-time misdemeanor offenders are eligible for the civil 78 citation program or similar diversion program. At the conclusion 79 of a juvenile’s civil citation program or similar diversion 80 program, the agency operating the program shall report the 81 outcome to the department. The issuance of a civil citation is 82 not considered a referral to the department. 83 (2) The department shall develop guidelines for the civil 84 citation program which include intervention services that are 85 based upon proven civil citation programs or similar diversion 86 programs within the state. 87 (3)(2)Upon issuing such citation, the law enforcement 88 officer shall send a copy to thecounty sheriff,state attorney, 89 the appropriate intake office of the department, or the 90 community service performance monitor designated by the 91 department, and the parent or guardian of the child, and the92victim. 93 (4)(3)The child shall report to the community service 94 performance monitor within 7 working days after the date of 95 issuance of the citation. The work assignment shall be 96 accomplished at a rate of not less than 5 hours per week. The 97 monitor shall advise the intake office immediately upon 98 reporting by the child to the monitor, that the child has in 99 fact reported and the expected date upon which completion of the 100 work assignment will be accomplished. 101 (5)(4)If the childjuvenilefails to report timely for a 102 work assignment, complete a work assignment, or comply with 103 assigned intervention services within the prescribed time, or if 104 the juvenile commits athird orsubsequent misdemeanor, the law 105 enforcement officer shall issue a report alleging the child has 106 committed a delinquent act, at which point a juvenile probation 107 officer shall process the original delinquent act as a referral 108 to the department and refer the report to the state attorney for 109 reviewperform a preliminary determination as provided under s.110985.145. 111 (6)(5)At the time of issuance of the citation by the law 112 enforcement officer, such officer shall advise the child that 113 the child has the option to refuse the citation and to be 114 referred to the intake office of the department. That option may 115 be exercised at any time beforeprior tocompletion of the work 116 assignment. 117 Section 2. This act shall take effect July 1, 2011.