Bill Text: FL S0196 | 2017 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2017                              CS for SB 196
       
       
        
       By the Committee on Criminal Justice; and Senators Flores,
       Bracy, Garcia, and Baxley
       
       591-00895B-17                                          2017196c1
    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  meet the requirements of this section and be established at the
   33  local level with the concurrence of the chief judge of the
   34  circuit, state attorney, public defender, and the head of each
   35  local law enforcement agency involved. At least one program must
   36  be operated by the county. Additional programs The program may
   37  be operated by an entity such as a law enforcement agency, the
   38  department, a juvenile assessment center, the county or
   39  municipality, or another entity selected by the county or
   40  municipality. Any additional programs shall complement the
   41  established county program. An entity operating such a the civil
   42  citation or similar diversion program must do so in consultation
   43  and agreement with the state attorney and local law enforcement
   44  agencies.
   45         (2) As used in this section, the term:
   46         (a) “Law enforcement officer” has the same meaning as
   47  provided in s. 943.10.
   48         (b) “Misdemeanor offense” means one or more misdemeanor
   49  violations of law arising out of the same criminal episode, act,
   50  or transaction.
   51         (3) Under such a juvenile civil citation or similar
   52  diversion program, a law enforcement officer who makes, upon
   53  making contact with a juvenile who admits having committed a
   54  first-time misdemeanor offense: misdemeanor, may choose to issue
   55  a simple warning or inform the child’s guardian or parent of the
   56  child’s infraction, or may
   57         (a) Shall issue a civil citation to the juvenile or require
   58  the juvenile’s participation in a similar diversion program if
   59  each violation of law is a misdemeanor offense and is one of the
   60  following:
   61         1. Section 562.111, relating to possession of alcoholic
   62  beverages by persons under age 21;
   63         2. Section 784.03(1), relating to battery;
   64         3. Section 806.13, relating to criminal mischief;
   65         4. Section 810.08 or s. 810.09, relating to trespass;
   66         5. Section 812.014(2)(e) or s. 812.014(3)(a), relating to
   67  theft;
   68         6. Section 812.015(2), relating to retail and farm theft;
   69         7. Section 856.021, relating to loitering or prowling;
   70         8. Section 870.01(1), relating to affrays and riots;
   71         9. Section 877.03, relating to disorderly conduct;
   72         10. Section 893.13(6)(b), relating to possession of certain
   73  amounts of cannabis or controlled substances;
   74         11. Section 893.147, relating to use, possession,
   75  manufacture, delivery, transportation, advertisement, or retail
   76  sale of drug paraphernalia; or
   77         12. Section 843.02, relating to resisting an officer
   78  without violence.
   79         (b) May issue a civil citation to the juvenile or require
   80  the juvenile’s participation in a similar diversion program if
   81  the violations of law are misdemeanors not enumerated in
   82  paragraph (a).
   83         (4) Under a juvenile civil citation or similar diversion
   84  program, a law enforcement officer who makes contact with a
   85  juvenile who admits having committed a second-time or third-time
   86  misdemeanor offense may issue a civil citation to the juvenile
   87  or require the juvenile’s participation in a similar diversion
   88  program, regardless of whether the violations of law are
   89  enumerated in paragraph (3)(a).
   90         (5) If an arrest is made for a misdemeanor offense subject
   91  to paragraph (3)(b) or subsection (4), a law enforcement officer
   92  must provide written documentation as to why the arrest was
   93  warranted.
   94         (6) A law enforcement officer shall advise a juvenile who
   95  is subject to subsection (3) or subsection (4) that the juvenile
   96  has the option to refuse the civil citation or other similar
   97  diversion program and be referred to the department. This option
   98  may be exercised at any time before completion of the community
   99  service assignment required under subsection (8). Participation
  100  in a civil citation or similar diversion program is not
  101  considered a referral to the department.
  102         (7) Upon issuance of the civil citation or documentation
  103  requiring a similar diversion program, the law enforcement
  104  officer shall send a copy to the county sheriff, the state
  105  attorney, the department or the entity operating the program as
  106  designated by the department, the parent or guardian of the
  107  juvenile, and the victim. The entity operating the program shall
  108  enter such information into the juvenile justice information
  109  system.
  110         (8) A juvenile who elects to participate in a civil
  111  citation or similar diversion program shall complete, and assess
  112  up to 50 community service hours, and participate require
  113  participation in intervention services as indicated by an
  114  assessment of the needs of the juvenile, including family
  115  counseling, urinalysis monitoring, and substance abuse and
  116  mental health treatment services.
  117         (a) The juvenile shall report to the entity operating the
  118  program within 10 business days after the date of issuance of
  119  the civil citation or documentation for a similar diversion
  120  program. The juvenile shall spend a minimum of 5 hours per week
  121  completing the community service assignment. The entity
  122  operating the program shall immediately notify the department
  123  through the juvenile justice information system that a juvenile
  124  has reported to the entity operating the program and the
  125  expected date on which the juvenile will complete the community
  126  service assignment A copy of each citation issued under this
  127  section shall be provided to the department, and the department
  128  shall enter appropriate information into the juvenile offender
  129  information system. Use of the civil citation or similar
  130  diversion program is not limited to first-time misdemeanors and
  131  may be used in up to two subsequent misdemeanors. If an arrest
  132  is made, a law enforcement officer must provide written
  133  documentation as to why an arrest was warranted.
  134         (b) At the conclusion of a juvenile’s civil citation
  135  program or similar diversion program, the entity agency
  136  operating the program shall report the outcome of the program to
  137  the department.
  138         (c) If the juvenile fails to timely report for a community
  139  service assignment, complete such assignment, or comply with
  140  assigned intervention services within the prescribed time, the
  141  entity operating the program shall notify the law enforcement
  142  officer and the law enforcement officer shall proceed with an
  143  arrest of the juvenile.
  144         (d) If the juvenile commits a subsequent delinquent act
  145  then the entity operating the program shall notify the law
  146  enforcement officer and the law enforcement officer shall
  147  proceed with an arrest of the juvenile The issuance of a civil
  148  citation is not considered a referral to the department.
  149         (9)(2) The department shall develop guidelines for the
  150  civil citation and similar diversion programs program which
  151  include intervention services that are based on upon proven
  152  civil citation or similar diversion programs in within the
  153  state.
  154         (10) This section does not apply to:
  155         (a) A juvenile who is currently alleged to have committed,
  156  or is currently charged with, and awaiting final disposition of
  157  an offense that would be a felony if committed by an adult.
  158         (b) A juvenile who has entered a plea of nolo contendere or
  159  guilty to, or has been found to have committed, an offense that
  160  would be a felony if committed by an adult.
  161         (c) A misdemeanor offense arising out of an episode in
  162  which the juvenile is also alleged to have committed an offense
  163  that would be a felony if committed by an adult.
  164         (11) This section does not modify the authority of a law
  165  enforcement officer who comes into contact with a juvenile who
  166  is alleged to have committed a misdemeanor offense to issue only
  167  a simple warning to the juvenile or notice to a juvenile’s
  168  parent or guardian of the alleged offense.
  169         (3) Upon issuing such citation, the law enforcement officer
  170  shall send a copy to the county sheriff, state attorney, the
  171  appropriate intake office of the department, or the community
  172  service performance monitor designated by the department, the
  173  parent or guardian of the child, and the victim.
  174         (4) The child shall report to the community service
  175  performance monitor within 7 working days after the date of
  176  issuance of the citation. The work assignment shall be
  177  accomplished at a rate of not less than 5 hours per week. The
  178  monitor shall advise the intake office immediately upon
  179  reporting by the child to the monitor, that the child has in
  180  fact reported and the expected date upon which completion of the
  181  work assignment will be accomplished.
  182         (5) If the child fails to report timely for a work
  183  assignment, complete a work assignment, or comply with assigned
  184  intervention services within the prescribed time, or if the
  185  juvenile commits a subsequent misdemeanor, the law enforcement
  186  officer shall issue a report alleging the child has committed a
  187  delinquent act, at which point a juvenile probation officer
  188  shall process the original delinquent act as a referral to the
  189  department and refer the report to the state attorney for
  190  review.
  191         (6) At the time of issuance of the citation by the law
  192  enforcement officer, such officer shall advise the child that
  193  the child has the option to refuse the citation and to be
  194  referred to the intake office of the department. That option may
  195  be exercised at any time before completion of the work
  196  assignment.
  197         Section 2. Paragraph (b) of subsection (3) of section
  198  943.051, Florida Statutes, is amended to read:
  199         943.051 Criminal justice information; collection and
  200  storage; fingerprinting.—
  201         (3)
  202         (b) A minor who is charged with or found to have committed
  203  the following offenses shall be fingerprinted and the
  204  fingerprints shall be submitted electronically to the
  205  department, unless the minor participates in is issued a civil
  206  citation or similar diversion program pursuant to s. 985.12:
  207         1. Assault, as defined in s. 784.011.
  208         2. Battery, as defined in s. 784.03.
  209         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  210         4. Unlawful use of destructive devices or bombs, as defined
  211  in s. 790.1615(1).
  212         5. Neglect of a child, as defined in s. 827.03(1)(e).
  213         6. Assault or battery on a law enforcement officer, a
  214  firefighter, or other specified officers, as defined in s.
  215  784.07(2)(a) and (b).
  216         7. Open carrying of a weapon, as defined in s. 790.053.
  217         8. Exposure of sexual organs, as defined in s. 800.03.
  218         9. Unlawful possession of a firearm, as defined in s.
  219  790.22(5).
  220         10. Petit theft, as defined in s. 812.014(3).
  221         11. Cruelty to animals, as defined in s. 828.12(1).
  222         12. Arson, as defined in s. 806.031(1).
  223         13. Unlawful possession or discharge of a weapon or firearm
  224  at a school-sponsored event or on school property, as provided
  225  in s. 790.115.
  226         Section 3. Paragraph (b) of subsection (1) of section
  227  985.11, Florida Statutes, is amended to read:
  228         985.11 Fingerprinting and photographing.—
  229         (1)
  230         (b) Unless the child is participating in is issued a civil
  231  citation or is participating in a similar diversion program
  232  pursuant to s. 985.12, a child who is charged with or found to
  233  have committed one of the following offenses shall be
  234  fingerprinted, and the fingerprints shall be submitted to the
  235  Department of Law Enforcement as provided in s. 943.051(3)(b):
  236         1. Assault, as defined in s. 784.011.
  237         2. Battery, as defined in s. 784.03.
  238         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  239         4. Unlawful use of destructive devices or bombs, as defined
  240  in s. 790.1615(1).
  241         5. Neglect of a child, as defined in s. 827.03(1)(e).
  242         6. Assault on a law enforcement officer, a firefighter, or
  243  other specified officers, as defined in s. 784.07(2)(a).
  244         7. Open carrying of a weapon, as defined in s. 790.053.
  245         8. Exposure of sexual organs, as defined in s. 800.03.
  246         9. Unlawful possession of a firearm, as defined in s.
  247  790.22(5).
  248         10. Petit theft, as defined in s. 812.014.
  249         11. Cruelty to animals, as defined in s. 828.12(1).
  250         12. Arson, resulting in bodily harm to a firefighter, as
  251  defined in s. 806.031(1).
  252         13. Unlawful possession or discharge of a weapon or firearm
  253  at a school-sponsored event or on school property as defined in
  254  s. 790.115.
  255  
  256  A law enforcement agency may fingerprint and photograph a child
  257  taken into custody upon probable cause that such child has
  258  committed any other violation of law, as the agency deems
  259  appropriate. Such fingerprint records and photographs shall be
  260  retained by the law enforcement agency in a separate file, and
  261  these records and all copies thereof must be marked “Juvenile
  262  Confidential.” These records are not available for public
  263  disclosure and inspection under s. 119.07(1) except as provided
  264  in ss. 943.053 and 985.04(2), but shall be available to other
  265  law enforcement agencies, criminal justice agencies, state
  266  attorneys, the courts, the child, the parents or legal
  267  custodians of the child, their attorneys, and any other person
  268  authorized by the court to have access to such records. In
  269  addition, such records may be submitted to the Department of Law
  270  Enforcement for inclusion in the state criminal history records
  271  and used by criminal justice agencies for criminal justice
  272  purposes. These records may, in the discretion of the court, be
  273  open to inspection by anyone upon a showing of cause. The
  274  fingerprint and photograph records shall be produced in the
  275  court whenever directed by the court. Any photograph taken
  276  pursuant to this section may be shown by a law enforcement
  277  officer to any victim or witness of a crime for the purpose of
  278  identifying the person who committed such crime.
  279         Section 4. This act shall take effect July 1, 2017.