Bill Amendment: FL S1392 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Criminal Justice

Status: 2018-04-02 - Chapter No. 2018-127 [S1392 Detail]

Download: Florida-2018-S1392-Senate_Committee_Amendment_699198.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1392
       
       
       
       
       
       
                                Ì699198iÎ699198                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 276 - 351
    4  and insert:
    5  program and develop its policies and procedures. In developing
    6  the program's policies and procedures, input from other
    7  interested stakeholders may be solicited. The department shall
    8  annually develop and provide guidelines on best practice models
    9  for civil citation or similar diversion programs to the judicial
   10  circuits as a resource.
   11         (b) Each judicial circuit’s civil citation or similar
   12  diversion program must specify:
   13         1. The misdemeanor offenses that qualify a juvenile for
   14  participation in the program;
   15         2. The eligibility criteria for the program;
   16         3. The program’s implementation and operation;
   17         4. The program’s requirements, including, but not limited
   18  to, the completion of community service hours, payment of
   19  restitution, if applicable, and intervention services indicated
   20  by a needs assessment of the juvenile, approved by the
   21  department, such as family counseling, urinalysis monitoring,
   22  and substance abuse and mental health treatment services; and
   23         5. A program fee, if any, to be paid by a juvenile
   24  participating in the program. If the program imposes a fee, the
   25  clerk of the court of the applicable county must receive a
   26  reasonable portion of the fee.
   27         (c) The state attorney of each circuit shall operate a
   28  civil citation or similar diversion program in each circuit. A
   29  sheriff, police department, county, municipality, or public or
   30  private educational institution may continue to operate an
   31  independent civil citation or similar diversion program that is
   32  in operation as of October 1, 2018, if the independent program
   33  is reviewed by the state attorney of the applicable circuit and
   34  he or she determines that the independent program is
   35  substantially similar to the civil citation or similar diversion
   36  program developed by the circuit. If the state attorney
   37  determines that the independent program is not substantially
   38  similar to the civil citation or similar diversion program
   39  developed by the circuit, the operator of the independent
   40  diversion program may revise the program and the state attorney
   41  may conduct an additional review of the independent program.
   42         (d) A judicial circuit may model an existing sheriff,
   43  police department, county, municipality, or public or private
   44  educational institution’s independent civil citation or similar
   45  diversion program in developing the civil citation or similar
   46  diversion program for the circuit.
   47         (e) If a juvenile does not successfully complete the civil
   48  citation or similar diversion program, the arresting law
   49  enforcement officer shall determine if there is good cause to
   50  arrest the juvenile for the original misdemeanor offense and
   51  refer the case to the state attorney to determine if prosecution
   52  is appropriate or allow the juvenile to continue in the program
   53  and the head of each local law enforcement agency involved. The
   54  program may be operated by an entity such as a law enforcement
   55  agency, the department, a juvenile assessment center, the county
   56  or municipality, or another entity selected by the county or
   57  municipality. An entity operating the civil citation or similar
   58  diversion program must do so in consultation and agreement with
   59  the state attorney and local law enforcement agencies. Under
   60  such a juvenile civil citation or similar diversion program, a
   61  law enforcement officer, upon making contact with a juvenile who
   62  admits having committed a misdemeanor, may choose to issue a
   63  simple warning or inform the child’s guardian or parent of the
   64  child’s infraction, or may issue a civil citation or require
   65  participation in a similar diversion program, and assess up to
   66  50 community service hours, and require participation in
   67  intervention services as indicated by an assessment of the needs
   68  of the juvenile, including family counseling, urinalysis
   69  monitoring, and substance abuse and mental health treatment
   70  services.
   71         (f) A copy of each civil citation or similar diversion
   72  program notice issued under this section shall be provided to
   73  the department, and the department shall enter appropriate
   74  information into the juvenile offender information system. Use
   75  of the civil citation or similar diversion program is not
   76  limited to first-time misdemeanors and may be used in up to two
   77  subsequent misdemeanors. If an arrest is made, a law enforcement
   78  officer must provide written documentation as to why an arrest
   79  was warranted.
   80         (g) At the conclusion of a juvenile’s civil citation
   81  program or similar diversion program, the state attorney or
   82  operator of the independent program agency operating the program
   83  shall report the outcome to the
   84  
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Delete line 52
   88  and insert:
   89         procedures; requiring the Department of Juvenile
   90         Justice to annually develop and provide guidelines on
   91         civil citation or similar diversion programs to the
   92         judicial circuits; providing requirements for the
   93         civil