Bill Text: FL S0408 | 2016 | Regular Session | Comm Sub


Bill Title: Juvenile Civil Citation and Similar Diversion Programs

Spectrum:

Status: (Introduced - Dead) 2016-03-11 - Died on Calendar [S0408 Detail]

Download: Florida-2016-S0408-Comm_Sub.html
       Florida Senate - 2016                CS for CS for CS for SB 408
       
       
        
       By the Committees on Rules; Children, Families, and Elder
       Affairs; and Criminal Justice; and Senators Altman, Negron,
       Joyner, Clemens, Flores, Sachs, Sobel, and Soto
       
       595-04399-16                                           2016408c3
    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) “Misdemeanor offense” means one or more misdemeanor
   44  violations of law arising out of the same criminal episode, act,
   45  or transaction.
   46         (b) “Law enforcement officer” has the same meaning as
   47  provided in s. 943.10.
   48         (3) Under such a juvenile civil citation or similar
   49  diversion program, a law enforcement officer that makes, upon
   50  making contact with a juvenile who admits having committed a
   51  first-time misdemeanor: misdemeanor, may choose to issue a
   52  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 when
   56  the juvenile is under 16 years of age and if each violation of
   57  law in the misdemeanor offense is one of the following:
   58         1. Section 562.111, relating to possession of alcoholic
   59  beverages by persons under age 21;
   60         2. Section 812.014(2)(e) or (3)(a), relating to theft;
   61         3. Section 812.015(2), relating to retail and farm theft;
   62         4. Section 843.02, relating to resisting an officer without
   63  violence;
   64         5. Section 877.03, relating to disorderly conduct;
   65         6. Section 893.13(6)(b), relating to possession of certain
   66  amounts of cannabis or controlled substances; or
   67         7. Section 893.147, relating to use, possession,
   68  manufacture, delivery, transportation, advertisement, or retail
   69  sale of drug paraphernalia.
   70         (b) May issue a civil citation to the juvenile or require
   71  the juvenile’s participation in a similar diversion program if
   72  the violations of law are not enumerated in paragraph (a), or if
   73  the violation of law is one of the enumerated offenses in
   74  paragraph (a) and the juvenile is 16 years of age or older.
   75         (4) Under such a juvenile civil citation or similar
   76  diversion program, a law enforcement officer that makes contact
   77  with a juvenile who admits having committed a second-time or
   78  third-time misdemeanor offense may issue a civil citation to the
   79  juvenile or require the juvenile’s participation in a similar
   80  diversion program, regardless of whether the violations of law
   81  are enumerated in subparagraph (3)(a).
   82         (5) If an arrest is made for a misdemeanor offense subject
   83  to paragraph (3)(b) or subsection (4), a law enforcement officer
   84  must provide written documentation as to why the arrest was
   85  warranted.
   86         (6) A law enforcement officer shall advise a juvenile who
   87  is subject to subsection (3) or subsection (4) that the juvenile
   88  has the option to refuse the civil citation or other similar
   89  diversion program and be referred to the department. This option
   90  may be exercised at any time before completion of the community
   91  service assignment required under subsection (8). Participation
   92  in a civil citation or similar diversion program is not
   93  considered a referral to the department.
   94         (7) Upon issuance of the civil citation or documentation
   95  requiring a similar diversion program, the law enforcement
   96  officer shall send a copy to the county sheriff, state attorney,
   97  the appropriate intake office of the department or the community
   98  service performance monitor designated by the department, the
   99  parent or guardian of the child, and the victim. The department
  100  shall enter such information into the juvenile offender
  101  information system.
  102         (8) A juvenile that elects to participate in a civil
  103  citation or similar diversion program shall complete, and assess
  104  up to 50 community service hours, and participate require
  105  participation in intervention services as indicated by an
  106  assessment of the needs of the juvenile, including family
  107  counseling, urinalysis monitoring, and substance abuse and
  108  mental health treatment services.
  109         (a) The juvenile shall report to the community service
  110  performance monitor within 10 business days after the date of
  111  issuance of the civil citation or documentation for a similar
  112  diversion program. The juvenile shall spend a minimum of 5 hours
  113  per week completing the community service assignment. The
  114  monitor shall immediately notify the intake office of the
  115  department that a juvenile has reported to the monitor and the
  116  expected date on which the juvenile will complete the community
  117  service assignment A copy of each citation issued under this
  118  section shall be provided to the department, and the department
  119  shall enter appropriate information into the juvenile offender
  120  information system. Use of the civil citation or similar
  121  diversion program is not limited to first-time misdemeanors and
  122  may be used in up to two subsequent misdemeanors. If an arrest
  123  is made, a law enforcement officer must provide written
  124  documentation as to why an arrest was warranted.
  125         (b) At the conclusion of a juvenile’s civil citation
  126  program or similar diversion program, the entity agency
  127  operating the program shall report the outcome of the program to
  128  the department.
  129         (c) If the juvenile fails to timely report for a community
  130  service assignment, complete such assignment, or comply with
  131  assigned intervention services within the prescribed time, or if
  132  the juvenile commits a subsequent misdemeanor, the law
  133  enforcement officer shall issue a report alleging the juvenile
  134  has committed a delinquent act, at which time a juvenile
  135  probation officer shall process the original delinquent act as a
  136  referral to the department and refer the report to the state
  137  attorney for review The issuance of a civil citation is not
  138  considered a referral to the department.
  139         (9)(2) The department shall develop guidelines for the
  140  civil citation and similar diversion programs program which
  141  include intervention services that are based on upon proven
  142  civil citation or similar diversion programs in within the
  143  state.
  144         (10) This section does not apply to:
  145         (a) A juvenile who is currently alleged to have committed,
  146  or is currently charged with, and awaiting final disposition of
  147  an offense that would be a felony if committed by an adult.
  148         (b) A juvenile who has entered a plea of nolo contendere or
  149  guilty to, or has been found to have committed, an offense that
  150  would be a felony if committed by an adult.
  151         (c) A misdemeanor arising out of an episode in which the
  152  juvenile is also alleged to have committed an offense that would
  153  be a felony if committed by an adult.
  154         (11) This section does not modify the authority of a law
  155  enforcement officer who comes into contact with a juvenile who
  156  is alleged to have committed a misdemeanor to issue only a
  157  simple warning to the juvenile or notice to a juvenile’s parent
  158  or guardian of the alleged offense.
  159         (3)Upon issuing such citation, the law enforcement officer
  160  shall send a copy to the county sheriff, state attorney, the
  161  appropriate intake office of the department, or the community
  162  service performance monitor designated by the department, the
  163  parent or guardian of the child, and the victim.
  164         (4)The child shall report to the community service
  165  performance monitor within 7 working days after the date of
  166  issuance of the citation. The work assignment shall be
  167  accomplished at a rate of not less than 5 hours per week. The
  168  monitor shall advise the intake office immediately upon
  169  reporting by the child to the monitor, that the child has in
  170  fact reported and the expected date upon which completion of the
  171  work assignment will be accomplished.
  172         (5)If the child fails to report timely for a work
  173  assignment, complete a work assignment, or comply with assigned
  174  intervention services within the prescribed time, or if the
  175  juvenile commits a subsequent misdemeanor, the law enforcement
  176  officer shall issue a report alleging the child has committed a
  177  delinquent act, at which point a juvenile probation officer
  178  shall process the original delinquent act as a referral to the
  179  department and refer the report to the state attorney for
  180  review.
  181         (6)At the time of issuance of the citation by the law
  182  enforcement officer, such officer shall advise the child that
  183  the child has the option to refuse the citation and to be
  184  referred to the intake office of the department. That option may
  185  be exercised at any time before completion of the work
  186  assignment.
  187         Section 2. Paragraph (b) of subsection (3) of section
  188  943.051, Florida Statutes, is amended to read:
  189         943.051 Criminal justice information; collection and
  190  storage; fingerprinting.—
  191         (3)
  192         (b) A minor who is charged with or found to have committed
  193  the following offenses shall be fingerprinted and the
  194  fingerprints shall be submitted electronically to the
  195  department, unless the minor participates in is issued a civil
  196  citation or similar diversion program pursuant to s. 985.12:
  197         1. Assault, as defined in s. 784.011.
  198         2. Battery, as defined in s. 784.03.
  199         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  200         4. Unlawful use of destructive devices or bombs, as defined
  201  in s. 790.1615(1).
  202         5. Neglect of a child, as defined in s. 827.03(1)(e).
  203         6. Assault or battery on a law enforcement officer, a
  204  firefighter, or other specified officers, as defined in s.
  205  784.07(2)(a) and (b).
  206         7. Open carrying of a weapon, as defined in s. 790.053.
  207         8. Exposure of sexual organs, as defined in s. 800.03.
  208         9. Unlawful possession of a firearm, as defined in s.
  209  790.22(5).
  210         10. Petit theft, as defined in s. 812.014(3).
  211         11. Cruelty to animals, as defined in s. 828.12(1).
  212         12. Arson, as defined in s. 806.031(1).
  213         13. Unlawful possession or discharge of a weapon or firearm
  214  at a school-sponsored event or on school property, as provided
  215  in s. 790.115.
  216         Section 3. Paragraph (b) of subsection (1) of section
  217  985.11, Florida Statutes, is amended to read:
  218         985.11 Fingerprinting and photographing.—
  219         (1)
  220         (b) Unless the child is participating in is issued a civil
  221  citation or is participating in a similar diversion program
  222  pursuant to s. 985.12, a child who is charged with or found to
  223  have committed one of the following offenses shall be
  224  fingerprinted, and the fingerprints shall be submitted to the
  225  Department of Law Enforcement as provided in s. 943.051(3)(b):
  226         1. Assault, as defined in s. 784.011.
  227         2. Battery, as defined in s. 784.03.
  228         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  229         4. Unlawful use of destructive devices or bombs, as defined
  230  in s. 790.1615(1).
  231         5. Neglect of a child, as defined in s. 827.03(1)(e).
  232         6. Assault on a law enforcement officer, a firefighter, or
  233  other specified officers, as defined in s. 784.07(2)(a).
  234         7. Open carrying of a weapon, as defined in s. 790.053.
  235         8. Exposure of sexual organs, as defined in s. 800.03.
  236         9. Unlawful possession of a firearm, as defined in s.
  237  790.22(5).
  238         10. Petit theft, as defined in s. 812.014.
  239         11. Cruelty to animals, as defined in s. 828.12(1).
  240         12. Arson, resulting in bodily harm to a firefighter, as
  241  defined in s. 806.031(1).
  242         13. Unlawful possession or discharge of a weapon or firearm
  243  at a school-sponsored event or on school property as defined in
  244  s. 790.115.
  245  
  246  A law enforcement agency may fingerprint and photograph a child
  247  taken into custody upon probable cause that such child has
  248  committed any other violation of law, as the agency deems
  249  appropriate. Such fingerprint records and photographs shall be
  250  retained by the law enforcement agency in a separate file, and
  251  these records and all copies thereof must be marked “Juvenile
  252  Confidential.” These records are not available for public
  253  disclosure and inspection under s. 119.07(1) except as provided
  254  in ss. 943.053 and 985.04(2), but shall be available to other
  255  law enforcement agencies, criminal justice agencies, state
  256  attorneys, the courts, the child, the parents or legal
  257  custodians of the child, their attorneys, and any other person
  258  authorized by the court to have access to such records. In
  259  addition, such records may be submitted to the Department of Law
  260  Enforcement for inclusion in the state criminal history records
  261  and used by criminal justice agencies for criminal justice
  262  purposes. These records may, in the discretion of the court, be
  263  open to inspection by anyone upon a showing of cause. The
  264  fingerprint and photograph records shall be produced in the
  265  court whenever directed by the court. Any photograph taken
  266  pursuant to this section may be shown by a law enforcement
  267  officer to any victim or witness of a crime for the purpose of
  268  identifying the person who committed such crime.
  269         Section 4. This act shall take effect July 1, 2016.

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