Bill Text: FL H0997 | 2011 | Regular Session | Comm Sub

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Bill Title: Juvenile Civil Citations

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1004 [H0997 Detail]

Download: Florida-2011-H0997-Comm_Sub.html

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CS/HB 997

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.

CODING: Words stricken are deletions; words underlined are additions.