Bill Text: FL S0196 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judicial Resources

Spectrum: Bipartisan Bill

Status: (Failed) 2017-04-28 - Laid on Table [S0196 Detail]

Download: Florida-2017-S0196-Introduced.html

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       Florida Senate - 2017                                     SB 196
       
       
        
       By Senator Flores
       
       39-00240C-17                                           2017196__
    1                        A bill to be entitled                      
    2         An act relating to juvenile civil citation and similar
    3         diversion programs; amending s. 985.12, F.S.;
    4         requiring the establishment of civil citation or
    5         similar diversion programs for juveniles; providing
    6         definitions; specifying program eligibility,
    7         participation, and implementation requirements;
    8         providing exceptions; providing applicability;
    9         amending ss. 943.051 and 985.11, F.S.; conforming
   10         provisions to changes made by the act; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 985.12, Florida Statutes, is amended to
   16  read:
   17         985.12 Civil citation and similar diversion programs.—
   18         (1)(a) There is established a process for the use of
   19  juvenile civil citation and similar diversion programs to
   20  provide process for the purpose of providing an efficient and
   21  innovative alternative to custody by the department of Juvenile
   22  Justice for juveniles children who commit nonserious delinquent
   23  acts and to ensure swift and appropriate consequences. The
   24  department shall encourage and assist in the implementation and
   25  improvement of civil citation and programs or other similar
   26  diversion programs in around the state.
   27         (b) One or more The civil citation or similar diversion
   28  programs program shall be established in each county which must
   29  individually or collectively serve all juveniles who are alleged
   30  to have committed a violation of law which would be a
   31  misdemeanor offense if committed by an adult. Such programs must
   32  be established at the local level with the concurrence of the
   33  chief judge of the circuit, state attorney, public defender, and
   34  the head of each local law enforcement agency involved and. The
   35  program may be operated by an entity such as a law enforcement
   36  agency, the department, a juvenile assessment center, the county
   37  or municipality, or another entity selected by the county or
   38  municipality. An entity operating such a the civil citation or
   39  similar diversion program must do so in consultation and
   40  agreement with the state attorney and local law enforcement
   41  agencies.
   42         (2) As used in this section, the term:
   43         (a) “Law enforcement officer” has the same meaning as
   44  provided in s. 943.10.
   45         (b) “Misdemeanor offense” means one or more misdemeanor
   46  violations of law arising out of the same criminal episode, act,
   47  or transaction.
   48         (3) Under such a juvenile civil citation or similar
   49  diversion program, a law enforcement officer who makes, upon
   50  making contact with a juvenile who admits having committed a
   51  first-time misdemeanor offense: misdemeanor, may choose to issue
   52  a simple warning or inform the child’s guardian or parent of the
   53  child’s infraction, or may
   54         (a) Shall issue a civil citation to the juvenile or require
   55  the juvenile’s participation in a similar diversion program if
   56  each violation of law in the misdemeanor offense is one of the
   57  following:
   58         1. Section 562.111, relating to possession of alcoholic
   59  beverages by persons under age 21;
   60         2. Section 784.03(1), relating to battery;
   61         3. Section 806.13, relating to criminal mischief;
   62         4. Section 810.08 or s. 810.09, relating to trespass;
   63         5. Section 812.014(2)(e) or s. 812.014(3)(a), relating to
   64  theft;
   65         6. Section 812.015(2), relating to retail and farm theft;
   66         7. Section 870.01(1), relating to affrays and riots;
   67         8. Section 877.03, relating to disorderly conduct;
   68         9. Section 893.13(6)(b), relating to possession of certain
   69  amounts of cannabis or controlled substances;
   70         10. Section 893.147, relating to use, possession,
   71  manufacture, delivery, transportation, advertisement, or retail
   72  sale of drug paraphernalia; or
   73         11. Section 843.02, relating to resisting an officer
   74  without violence.
   75         (b) May issue a civil citation to the juvenile or require
   76  the juvenile’s participation in a similar diversion program if
   77  the violations of law are not enumerated in paragraph (a).
   78         (4) Under a juvenile civil citation or similar diversion
   79  program, a law enforcement officer who makes contact with a
   80  juvenile who admits having committed a second-time or third-time
   81  misdemeanor offense may issue a civil citation to the juvenile
   82  or require the juvenile’s participation in a similar diversion
   83  program, regardless of whether the violations of law are in
   84  paragraph (3)(a).
   85         (5) If an arrest is made for a misdemeanor offense subject
   86  to paragraph (3)(b) or subsection (4), a law enforcement officer
   87  must provide written documentation as to why the arrest was
   88  warranted.
   89         (6) A law enforcement officer shall advise a juvenile who
   90  is subject to subsection (3) or subsection (4) that the juvenile
   91  has the option to refuse the civil citation or other similar
   92  diversion program and be referred to the department. This option
   93  may be exercised at any time before completion of the community
   94  service assignment required under subsection (8). Participation
   95  in a civil citation or similar diversion program is not
   96  considered a referral to the department.
   97         (7) Upon issuance of the civil citation or documentation
   98  requiring a similar diversion program, the law enforcement
   99  officer shall send a copy to the county sheriff, the state
  100  attorney, the appropriate intake office of the department or the
  101  community service performance monitor designated by the
  102  department, the parent or guardian of the juvenile, and the
  103  victim. The department shall enter such information into the
  104  juvenile offender information system.
  105         (8) A juvenile who elects to participate in a civil
  106  citation or similar diversion program shall complete, and assess
  107  up to 50 community service hours, and participate require
  108  participation in intervention services as indicated by an
  109  assessment of the needs of the juvenile, including family
  110  counseling, urinalysis monitoring, and substance abuse and
  111  mental health treatment services.
  112         (a) The juvenile shall report to the community service
  113  performance monitor within 10 business days after the date of
  114  issuance of the civil citation or documentation for a similar
  115  diversion program. The juvenile shall spend a minimum of 5 hours
  116  per week completing the community service assignment. The
  117  monitor shall immediately notify the intake office of the
  118  department that a juvenile has reported to the monitor and the
  119  expected date on which the juvenile will complete the community
  120  service assignment A copy of each citation issued under this
  121  section shall be provided to the department, and the department
  122  shall enter appropriate information into the juvenile offender
  123  information system. Use of the civil citation or similar
  124  diversion program is not limited to first-time misdemeanors and
  125  may be used in up to two subsequent misdemeanors. If an arrest
  126  is made, a law enforcement officer must provide written
  127  documentation as to why an arrest was warranted.
  128         (b) At the conclusion of a juvenile’s civil citation
  129  program or similar diversion program, the entity agency
  130  operating the program shall report the outcome of the program to
  131  the department.
  132         (c) If the juvenile fails to timely report for a community
  133  service assignment, complete such assignment, or comply with
  134  assigned intervention services within the prescribed time, or if
  135  the juvenile commits a subsequent misdemeanor, the law
  136  enforcement officer shall issue a report alleging the juvenile
  137  has committed a delinquent act, at which time a juvenile
  138  probation officer shall process the original delinquent act as a
  139  referral to the department and refer the report to the state
  140  attorney for review The issuance of a civil citation is not
  141  considered a referral to the department.
  142         (9)(2) The department shall develop guidelines for the
  143  civil citation and similar diversion programs program which
  144  include intervention services that are based on upon proven
  145  civil citation or similar diversion programs in within the
  146  state.
  147         (10) This section does not apply to:
  148         (a) A juvenile who is currently alleged to have committed,
  149  or is currently charged with, and awaiting final disposition of
  150  an offense that would be a felony if committed by an adult.
  151         (b) A juvenile who has entered a plea of nolo contendere or
  152  guilty to, or has been found to have committed, an offense that
  153  would be a felony if committed by an adult.
  154         (c) A misdemeanor offense arising out of an episode in
  155  which the juvenile is also alleged to have committed an offense
  156  that would be a felony if committed by an adult.
  157         (11) This section does not modify the authority of a law
  158  enforcement officer who comes into contact with a juvenile who
  159  is alleged to have committed a misdemeanor offense to issue only
  160  a simple warning to the juvenile or notice to a juvenile’s
  161  parent or guardian of the alleged offense.
  162         (3) Upon issuing such citation, the law enforcement officer
  163  shall send a copy to the county sheriff, state attorney, the
  164  appropriate intake office of the department, or the community
  165  service performance monitor designated by the department, the
  166  parent or guardian of the child, and the victim.
  167         (4) The child shall report to the community service
  168  performance monitor within 7 working days after the date of
  169  issuance of the citation. The work assignment shall be
  170  accomplished at a rate of not less than 5 hours per week. The
  171  monitor shall advise the intake office immediately upon
  172  reporting by the child to the monitor, that the child has in
  173  fact reported and the expected date upon which completion of the
  174  work assignment will be accomplished.
  175         (5) If the child fails to report timely for a work
  176  assignment, complete a work assignment, or comply with assigned
  177  intervention services within the prescribed time, or if the
  178  juvenile commits a subsequent misdemeanor, the law enforcement
  179  officer shall issue a report alleging the child has committed a
  180  delinquent act, at which point a juvenile probation officer
  181  shall process the original delinquent act as a referral to the
  182  department and refer the report to the state attorney for
  183  review.
  184         (6) At the time of issuance of the citation by the law
  185  enforcement officer, such officer shall advise the child that
  186  the child has the option to refuse the citation and to be
  187  referred to the intake office of the department. That option may
  188  be exercised at any time before completion of the work
  189  assignment.
  190         Section 2. Paragraph (b) of subsection (3) of section
  191  943.051, Florida Statutes, is amended to read:
  192         943.051 Criminal justice information; collection and
  193  storage; fingerprinting.—
  194         (3)
  195         (b) A minor who is charged with or found to have committed
  196  the following offenses shall be fingerprinted and the
  197  fingerprints shall be submitted electronically to the
  198  department, unless the minor participates in is issued a civil
  199  citation or similar diversion program pursuant to s. 985.12:
  200         1. Assault, as defined in s. 784.011.
  201         2. Battery, as defined in s. 784.03.
  202         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  203         4. Unlawful use of destructive devices or bombs, as defined
  204  in s. 790.1615(1).
  205         5. Neglect of a child, as defined in s. 827.03(1)(e).
  206         6. Assault or battery on a law enforcement officer, a
  207  firefighter, or other specified officers, as defined in s.
  208  784.07(2)(a) and (b).
  209         7. Open carrying of a weapon, as defined in s. 790.053.
  210         8. Exposure of sexual organs, as defined in s. 800.03.
  211         9. Unlawful possession of a firearm, as defined in s.
  212  790.22(5).
  213         10. Petit theft, as defined in s. 812.014(3).
  214         11. Cruelty to animals, as defined in s. 828.12(1).
  215         12. Arson, as defined in s. 806.031(1).
  216         13. Unlawful possession or discharge of a weapon or firearm
  217  at a school-sponsored event or on school property, as provided
  218  in s. 790.115.
  219         Section 3. Paragraph (b) of subsection (1) of section
  220  985.11, Florida Statutes, is amended to read:
  221         985.11 Fingerprinting and photographing.—
  222         (1)
  223         (b) Unless the child is participating in is issued a civil
  224  citation or is participating in a similar diversion program
  225  pursuant to s. 985.12, a child who is charged with or found to
  226  have committed one of the following offenses shall be
  227  fingerprinted, and the fingerprints shall be submitted to the
  228  Department of Law Enforcement as provided in s. 943.051(3)(b):
  229         1. Assault, as defined in s. 784.011.
  230         2. Battery, as defined in s. 784.03.
  231         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  232         4. Unlawful use of destructive devices or bombs, as defined
  233  in s. 790.1615(1).
  234         5. Neglect of a child, as defined in s. 827.03(1)(e).
  235         6. Assault on a law enforcement officer, a firefighter, or
  236  other specified officers, as defined in s. 784.07(2)(a).
  237         7. Open carrying of a weapon, as defined in s. 790.053.
  238         8. Exposure of sexual organs, as defined in s. 800.03.
  239         9. Unlawful possession of a firearm, as defined in s.
  240  790.22(5).
  241         10. Petit theft, as defined in s. 812.014.
  242         11. Cruelty to animals, as defined in s. 828.12(1).
  243         12. Arson, resulting in bodily harm to a firefighter, as
  244  defined in s. 806.031(1).
  245         13. Unlawful possession or discharge of a weapon or firearm
  246  at a school-sponsored event or on school property as defined in
  247  s. 790.115.
  248  
  249  A law enforcement agency may fingerprint and photograph a child
  250  taken into custody upon probable cause that such child has
  251  committed any other violation of law, as the agency deems
  252  appropriate. Such fingerprint records and photographs shall be
  253  retained by the law enforcement agency in a separate file, and
  254  these records and all copies thereof must be marked “Juvenile
  255  Confidential.” These records are not available for public
  256  disclosure and inspection under s. 119.07(1) except as provided
  257  in ss. 943.053 and 985.04(2), but shall be available to other
  258  law enforcement agencies, criminal justice agencies, state
  259  attorneys, the courts, the child, the parents or legal
  260  custodians of the child, their attorneys, and any other person
  261  authorized by the court to have access to such records. In
  262  addition, such records may be submitted to the Department of Law
  263  Enforcement for inclusion in the state criminal history records
  264  and used by criminal justice agencies for criminal justice
  265  purposes. These records may, in the discretion of the court, be
  266  open to inspection by anyone upon a showing of cause. The
  267  fingerprint and photograph records shall be produced in the
  268  court whenever directed by the court. Any photograph taken
  269  pursuant to this section may be shown by a law enforcement
  270  officer to any victim or witness of a crime for the purpose of
  271  identifying the person who committed such crime.
  272         Section 4. This act shall take effect July 1, 2017.