Civil Citation Model Plan - Florida Department of Juvenile Justice

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]
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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.
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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.
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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.
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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.
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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
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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.
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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.
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October 2015
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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: ___________________
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