FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 (850) 488-1850 http://www.djj.state.fl.us January 2013 Civil Citation Model Plan A Guide to Implementation Theda Roberts Civil Citation Coordinator 850-322-9564 Cell 321-383-2751 Office [email protected] 7 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary Florida Civil Citation Initiative Section 985.12, Florida Statutes Law Enforcement Officer Procedures Youth who have committed a non-serious misdemeanor offense are eligible to receive a civil citation. A law enforcement officer who issues a civil citation may follow the procedures listed below. 1. Transport an eligible civil citation juvenile to the Juvenile Assessment Center (JAC): A. Transport the youth to the JAC for positive identification and civil citation processing, sign the civil citation form, and complete all of the required forms and paperwork for booking a juvenile into the JAC. B. Provide a copy of the civil citation to the State Attorney’s Office (SAO), Sheriff, DJJ, the parent or guardian, and the victim. 2. Issue a civil citation in the field: The officer may issue the youth a civil citation in the field by completing the civil citation form along with the original arrest form and release agreement. The officer can then release the youth to a parent, relative, guardian, or responsible adult. A. Confirm identity using a Florida identification card or driver’s license, school picture identification, and/or parental confirmation. B. Conduct a search on the youth in the Criminal Justice Information System (CJIS) and National Crime Information Center (NCIC). Youth with a prior criminal history are not eligible for civil citation. C. Release the youth to a parent, guardian, or other responsible party. D. Fax the original arrest affidavit along with the civil citation form and release agreement to the JAC, civil citation operating entity, or juvenile probation office; and send a copy of the civil citation form to the state attorney, sheriff, DJJ, the parent or guardian, and the victim. E. Forward the original package to the JAC, the civil citation operating entity, or the juvenile probation office within 48 hours. If the child does not complete the program successfully for any reason, the booking process will be completed for the youth. Revised October 2015 1 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary Criteria for Participation Juvenile misdemeanor offenders are afforded the opportunity to participate in the civil citation process, and participation is voluntary. The following misdemeanor cases may not be appropriate for civil citation; however, based on the circumstances of the offense on a case by case basis, the youth may be served by civil citation if it is in the best interest of the youth and the public. 1. Any misdemeanor involving the possession or use of a firearm 2. Any misdemeanor involving exposure of sexual organs or other sexual related behavior, i.e., lewd and lascivious behavior 3. A misdemeanor that is directly related to, or a part of, gang activity The following misdemeanor offenses may be accepted for civil citation with the approval of the victim, family, and state attorney. 1. Battery 2. Assault 3. Non-firearm Weapon Possession 4. Animal Cruelty Civil Citation Process The JAC, the juvenile probation officer, or the civil citation operating entity will: 1. If capability exists, conduct a preliminary search on the youth in the Criminal Justice Information System (CJIS) and National Crime Information Center (NCIC). 2. Search the Juvenile Justice Information System (JJIS) to confirm the youth has no history of arrest within the State of Florida. 3. Run the youth’s fingerprints in order to confirm the youth’s eligibility for civil citation. This is a search of the system with no entry into the Florida Department of Law Enforcement (FDLE) criminal history database. If there is no delinquency history in CJIS, NCIC, and JJIS and the fingerprints come back with no hits, the civil citation may be processed. The booking process is terminated and any demographic or identifiable information that may have been entered is eliminated. Revised October 2015 2 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary If there is indication of a prior arrest, an open charge, or probation for a previous offense, the case will be processed through DJJ. The JAC, civil citation operating entity, or juvenile probation office will explain civil citation to the youth and the law enforcement officer and obtain approval for issuing the civil citation. The officer signs the civil citation and provides the arrest form to the State Attorney’s Office (SAO). A copy of the arrest form is retained by the JAC, the civil citation operating entity, or the juvenile probation office. The youth’s information is entered into the Juvenile Justice Information System (JJIS) Prevention Web and the youth’s parent or guardian is contacted to obtain approval for the youth’s participation in the civil citation process. The civil citation form and social data form are completed and the youth is provided a release agreement reflecting the original charge will be processed if the youth does not successfully complete the civil citation process. Signatures are obtained on the release agreement, civil citation form and social data form. The youth and parents are informed that a case manager will contact them to schedule an appointment to conduct an intake and start the case management process. Information in the JJIS Prevention Web is updated and the youth is released to the parent, guardian, responsible adult or shelter. The civil citation form and the criminal history check results are forwarded to the SAO. The SAO will return all paperwork and pre-trial notes explaining if there is need to collect restitution and/or victim information. The case manager completes the assessment process and assigns intervention services and/or sanctions. The child will participate in the civil citation process. Upon successful completion of the requirements of civil citation, the case manager closes the case. If the youth does not complete the program successfully for any reason, the booking process will be completed. 1. The SAO is provided a recommendation of final closure, a copy of the arrest form, the notice to appear arrest agreement, recommended treatment plan, and booking documents. 2. The SAO forwards the arrest form, notice to appear and release agreement to the Clerk of Courts. 3. The Clerk of Courts will schedule a hearing according to the release agreement date. 4. The fingerprint card is forwarded to the arresting law enforcement agency, which will verify the youth’s criminal history, assign an operating base tracking system number, and provide fingerprints to FDLE. Revised October 2015 3 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary Case Management Policies and Procedures All civil citation participants are positively identified through the Biometric Information System. This system is used to conduct a criminal background check with no entry into FDLE. Youth eligibility is confirmed by checking the JJIS Prevention Web. Once the participant is cleared, all program paperwork is completed. The family will be contacted within 48 hours of receiving the client file. The original client file will be kept by the case manager. An initial face to face meeting with the youth and parents or guardian will be conducted where an assessment will be administered. Each youth participating in civil citation will be assessed to determine service needs. The objective is to continue the oversight under the supervision of the JAC, the civil citation operating entity, or the juvenile probation office until the child and family have successfully resolved the issue that brought the youth to be cited. Once the assessment has been conducted, sanctions and services will be assigned to the youth and the participant contract will be created. The youth, parent or guardian, and the JAC, civil citation operating entity or juvenile probation office will sign the form and the youth will then be responsible to complete the sanctions. The contract will include but will not be limited to community services hours. School progress and counseling will be assigned as needed. Payment of restitution is required, when appropriate, and is a condition of successful completion of the civil citation sanctions. The JAC, the civil citation operating entity, or juvenile probation office will monitor restitution payments. The services provided will be tailored to the needs and strengths of the youth and family, as identified during the assessment process, and designed to enhance the client and family's social skills, level of appropriate family and individual functioning in society, self-sufficiency and to maximize re-offense prevention. Mental health counseling services, substance abuse treatment, prevocational skills, and educational or academic assistance will be provided or arranged based on the needs and strengths identified by civil citation staff. Closing Procedures 1. Update the recommended treatment plan 2. Update case notes 3. For unsuccessful closures, the recommended treatment plan with the SAO package (civil citation form, release agreement, arrest affidavit and DJJ face sheet) will be compiled. Revised October 2015 4 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary 4. Case will be closed out in JJIS Prevention Web with the appropriate disposition. Closing codes will be the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. Successfully Completed Unsuccessful- Failure to comply Unsuccessful- Failure to report on time Unsuccessful-Subsequent law violation Unsuccessful- Loss of contact Referral closed -Inappropriate/ improper Referral closed-Youth declined to participate Referral closed-Parent declined to participate Other unsuccessful-Reason not listed Transfer to another State or County A civil citation may be transferred when a youth does not reside in the county of issuance or relocates to another state or county. The transfer will ensure that the youth is held accountable for assigned interventions, sanctions and community service hours. In the event the youth’s county or residence does not have a civil citation or similar diversion program opportunity, the process for handling out of state civil citations may be used. 1. County Transfer A. The transferring civil citation operating entity will: 1. Forward documentation that may include the original arrest form, civil citation form, release agreement, social data information, and documents from the SAO to the receiving civil citation operating entity. 2. Forward the results of the needs assessment, recommendations for intervention services, and a copy of the approved service authorization form if available. 3. Provide contact information for the receiving civil citation operating entity to the youth and parents. 4. Upon notification by the receiving civil citation operating entity of the youth’s completion status: (a) Notify the issuing law enforcement agency of final completion status Revised October 2015 5 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary (b) For youth who do not successfully complete civil citation, notify the SAO and provide copies of the final civil citation closure report, the arrest form, notice to appear release agreement, recommended treatment plan, and any booking documents. 5. Update information in the Prevention Web. B. The receiving civil citation operating entity will: 1. Generate a service authorization form if necessary for intervention services referral. 2. Notify the transferring civil citation entity of completion status and provide a final civil citation closure report for youth who do not successfully complete. 2. Out of State Handling: A youth may fulfill the requirements of a civil citation in another state following intake, assessment, and assignment of sanctions and intervention services. A. The family will: 1. Arrange for the youth to complete assigned sanctions, community service hours and any intervention services. 2. Provide letters from provider(s) stating the youth has completed assigned sanctions, community service hours and any intervention services requirements. B. The issuing civil citation operating entity will: 1. Upon receiving validation that the youth has met the terms of civil citation, run the youth’s fingerprints through the NCIC to ensure the youth has remained crime free. If the youth has not remained crime free, report the youth as unsuccessfully completing civil citation. 2. Notify the family in writing that the youth: a) Completed the requirements of civil citation and a juvenile criminal history record has not been created for the delinquent act, or b) Did not complete the requirements of civil citation and the original delinquent act will be referred to the state attorney for processing. Revised October 2015 6 FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christina K. Daly, Secretary 3. Notify the state attorney of the youth’s unsuccessful completion and provide the final civil citation closure report, the arrest form, notice to appear release agreement, recommended treatment plan, and any booking documents. 4. Notify the issuing law enforcement agency of the closure status. Revised October 2015 7 October 2015 7 October 2015 8 MIAMI-DADE JUVENILE SERVICES DEPARTMENT (JSD) 275 NW 2nd STREET MIAMI, FLORIDA 33128 CIVIL CITATION Social Data Information Date: ______________________________ Civil Citation Coordinator: Karen Diazgranados 305-755-6239 Child’s Full Legal Name: ________________________________ Phone # _____________________________ Address: ___________________________________________________Apt. #_________________________ City: ___________________________________State:_________ Zip code: ___________________________ D. O. B.________________________ Sex:_____________ SSN:________________________________________ Country of Birth:______________________________ Date of Entry into US:_________________________ Mother’s Name:_______________________________ Father’s Name:______________________________ Address:_____________________________________ Address:____________________________________ Home Phone No:______________________________ Home Phone No:____________________________ Place of Employment:__________________________ Place of Employment:_________________________ Work Phone No:_______________________________ Work Phone No: ____________________________ Family Income:________________________________ Household Language: ________________________ WAGES Recipient: Yes__________ No__________ Legal Guardian (If other than parents)_________________________________________________________ Relationship to child: ________________Address:____________________ Phone: ___________________ Emergency Contact Phone No: _______________________Relationship to Client: _____________________________ Name of School Child is attending:_________________________________ Grade: ___________________ October 2015 9
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