Effective Implementation of Civil Citation and Prearrest Diversion Programs in Florida

 
Statewide Civil Citation and Similar Prearrest
Diversion Programs Overview
 
Florida Department of Juvenile Justice
Committee or Event Name
Date
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
2
 
What is Civil Citation (CC) and Similar Prearrest Diversion (PAD)?
 
 
 
 
Alternative to judicial handling
 
Misdemeanor offenses
 
Statewide initiative
 
Authorized in Section 985.12, Florida Statutes
 
Focus is to prevent further delinquency
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
3
 
Legislative Requirements
 
 
Section 985.12, Florida Statutes, authorizes judicial circuits to establish civil citation and prearrest
diversion programs and requires each judicial circuit to specify the following:
 
The misdemeanor offense (s) that qualify a juvenile for participation in the program
 
The eligibility criteria for the program
 
The program’s implementation and operations
 
The program’s requirements, including, but not limited to, the completion of community service
hours, payment of restitution, if applicable, and intervention services indicated by a needs
assessment
 
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
4
 
Circuit Stakeholders
 
Stakeholders are responsible for creating the circuit civil citation/prearrest diversion program and its
policies and procedures including eligibility criteria, implementation and operation, and program
requirements.
 
Law Enforcement
 
State Attorney
 
Public Defender
 
Clerk of Courts
 
 
 
 
DJJ publishes an annual civil citation and similar prearrest diversion program best practice guide as a resource to the
circuits
http://www.djj.state.fl.us/partners/our-approach/florida-civil-citation
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
5
 
Diverting First Time, Low-Level Offenders from the Juvenile Justice System
 
 
Civil citations are useful to ensure public safety by deterring first-time offenders and immediately
holding them accountable for their actions. They allow the department and its law enforcement partners
to effectively direct time and resources towards higher-risk juvenile offenders who pose a greater risk to
public safety. Civil citation allows youth to receive the following:
 
 
Swift and appropriate consequences
 
Immediate accountability for youth’s actions and behaviors
 
Provides assessments
 
Treatment
 
Oversight of sanctions
 
Keeps youth that pose little threat to public safety out of the system
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
6
 
Civil Citation and Similar Prearrest Diversion Program Sanctions & Services
 
 
Sanctions and services are assigned to youth as indicated by the youth’s needs assessment and, if
applicable, a restitution amount is set. An individual service plan is created by the program that includes the
following:
 
Community service hours
 
Interventions: family counseling, urinalysis monitoring, substance abuse or mental health services
 
Restitution
 
Academic monitoring
 
Letter of apology
 
Prevocational skills
 
Program fee, if any
 
 
 
 
 
 
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
7
 
Benefits of Civil Citation and Similar Prearrest Diversion Programs
 
 
Better outcomes for youth
 
Early intervention
 
Targeted interventions
 
Immediate services
 
Holds youth accountable with immediate sanctions and services
 
No delinquent history record
 
Healthier families and communities
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
8
 
Civil Citation Flow Chart
Misdemeanor
 
LE agrees to Civil
Citation/PAD
Civil Citation & Similar Prearrest
Civil Citation & Similar Prearrest
Diversion Process
Diversion Process
Arrest forms are
held and process
begins
Intervention
Family
Counseling
Urinalysis
monitoring
Substance
Abuse/Mental
Health services
Other
Sanctions
Service Hours
Apology letter
Restitution
Academics
Other
Program
assesses youth to
determine
interventions,
referrals for
services, and
case management
Success!
No Juvenile
Record
Failure:
Original arrest
paperwork is
processed
Allow the youth
to continue in
the program
 
Other Offenders
Delinquency Intake
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
9
 
Successes of Civil Citation and Similar Prearrest Diversion Programs
 
 
Florida has led the nation in implementing juvenile civil citations, which have proven to be a highly effective
tool to reduce further youth involvement in the juvenile justice system. The success of the civil citation
process depends on the collaborative efforts of many agencies and personnel throughout the community.
Below are some civil citation & prearrest diversion program successes:
 
 
12-month recidivism rate for civil citation completers during Fiscal Year (FY) 2020-21 was 4%
 
Utilization rate for civil citation eligible youth has increased from 26% to 67% since FY 2011-12
 
85% of first-time school-related misdemeanors resulted in a civil citation in FY 2021-22
 
11,000 first-time misdemeanant youth were successfully diverted from being arrested during the 12-
month period of December 2021 through November 2022
 
 
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
10
 
Statewide Civil Citation and Similar Prearrest Diversion Program Utilization
 May 2022 - April 2023
 
 
17,052 CC- Eligible youth
 
67% (11,393) Utilized CC
 
33% (5,659) Of CC- eligible youth were arrested
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
11
 
Statewide Civil Citation and Similar Prearrest Diversion Program
Utilization by Offense May 2022- April 2023
 
Most Common Offenses for CC Issuance:
Most Common Offenses for CC Issuance:
Misdemeanor Assault/Battery: 2,250
Misdemeanor Drug Law Offense: 1,266
Disorderly Conduct: 969
Petit Larceny: 890
 
Utilization by Offense Type:
Utilization by Offense Type:
 
90% of eligible Misdemeanor Drug Law offenses were issued citation
81% of eligible Disorderly Conduct 
offenses were issued citation
77% of eligible Petit Larceny offenses were issued citation
56% of eligible Misdemeanor Assault/Battery offenses were issued a citation
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
12
 
Statewide School vs Community Arrests 5 Year Trend
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
13
 
Statewide Arrest Rates By Age 5 Year Trend
Highlights:
Youth aged 15-16 consistently
had the highest number of
arrests over the last 5 years.
 
Youth aged 17 and older had
the second highest number of
arrests over the last 5 years.
 
Youth aged 5-12 years old
make up the lowest number
of arrest over the last 5 years.
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
14
 
Statewide Arrest Rates 5 Year Trend
Highlights:
 
Overall, arrests have
declined 38% since FY 2017-
18.
 
Over the past 5 years, Black
youth have accounted for
approximately 50% of the
arrests.
 
White youth have
accounted for 33% of the
arrests.
 
Hispanic youth have
accounted for 15% of the
arrests.
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
15
 
Civil Citation Utilization by Circuit May 2022 – April 2023
Highlights:
 
Circuit 3 has the lowest
utilization at 8%.
 
Circuit 11 has the highest
utilization rate at 91%.
 
Statewide the utilization
rate is 67%.
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
16
 
Recommendations on how to increase Civil Citation & Similar Prearrest Diversion
Programs Utilization
 
 
 
Law enforcement supervisory review of eligible youth who were arrested
 
Provide law enforcement agencies with update data specific to their agency to review monthly/quarterly
 
Identify top 5 underperforming circuits and work with them to increase their utilization
 
Continuous education and trainings for law enforcement and community stakeholders
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FLORIDA DEPARTMENT OF JUVENILE JUSTICE
 
17
 
Information and links available on the Florida Department of Juvenile Justice Civil
Citation Webpage
 
 
 
DJJ Statewide Coordinator contact information
 
Civil citation and similar prearrest diversion programs contact list
 
Outcome data (CAR)
 
Best Practices Guide
 
Brochures
 
 
 
 
http://www.djj.state.fl.us/partners/our-approach/florida-civil-citation
 
 
 
 
 
 
 
 
 
 
 
 
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Civil Citation and Similar Prearrest Diversion Programs in Florida provide an alternative to judicial handling for misdemeanor offenses by focusing on preventing further delinquency. Legislative requirements authorize judicial circuits to establish these programs, specifying eligibility criteria, implementation, requirements, and stakeholder roles. By diverting first-time, low-level offenders from the juvenile justice system, these programs ensure public safety, provide swift consequences, immediate accountability, assessments, treatment, oversight of sanctions, and keep low-risk youth out of the system.


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  1. Statewide Civil Citation and Similar Prearrest Diversion Programs Overview Florida Department of Juvenile Justice Committee or Event Name Date

  2. What is Civil Citation (CC) and Similar Prearrest Diversion (PAD)? Alternative to judicial handling Misdemeanor offenses Statewide initiative Authorized in Section 985.12, Florida Statutes Focus is to prevent further delinquency FLORIDA DEPARTMENT OF JUVENILE JUSTICE 2

  3. Legislative Requirements Section 985.12, Florida Statutes, authorizes judicial circuits to establish civil citation and prearrest diversion programs and requires each judicial circuit to specify the following: The misdemeanor offense (s) that qualify a juvenile for participation in the program The eligibility criteria for the program The program s implementation and operations The program s requirements, including, but not limited to, the completion of community service hours, payment of restitution, if applicable, and intervention services indicated by a needs assessment FLORIDA DEPARTMENT OF JUVENILE JUSTICE 3

  4. Circuit Stakeholders Stakeholders are responsible for creating the circuit civil citation/prearrest diversion program and its policies and procedures including eligibility criteria, implementation and operation, and program requirements. Law Enforcement State Attorney Public Defender Clerk of Courts DJJ publishes an annual civil citation and similar prearrest diversion program best practice guide as a resource to the circuits http://www.djj.state.fl.us/partners/our-approach/florida-civil-citation FLORIDA DEPARTMENT OF JUVENILE JUSTICE 4

  5. Diverting First Time, Low-Level Offenders from the Juvenile Justice System Civil citations are useful to ensure public safety by deterring first-time offenders and immediately holding them accountable for their actions. They allow the department and its law enforcement partners to effectively direct time and resources towards higher-risk juvenile offenders who pose a greater risk to public safety. Civil citation allows youth to receive the following: Swift and appropriate consequences Immediate accountability for youth s actions and behaviors Provides assessments Treatment Oversight of sanctions Keeps youth that pose little threat to public safety out of the system FLORIDA DEPARTMENT OF JUVENILE JUSTICE 5

  6. Civil Citation and Similar Prearrest Diversion Program Sanctions & Services Sanctions and services are assigned to youth as indicated by the youth s needs assessment and, if applicable, a restitution amount is set. An individual service plan is created by the program that includes the following: Community service hours Interventions: family counseling, urinalysis monitoring, substance abuse or mental health services Restitution Academic monitoring Letter of apology Prevocational skills Program fee, if any FLORIDA DEPARTMENT OF JUVENILE JUSTICE 6

  7. Benefits of Civil Citation and Similar Prearrest Diversion Programs Better outcomes for youth Early intervention Targeted interventions Immediate services Holds youth accountable with immediate sanctions and services No delinquent history record Healthier families and communities FLORIDA DEPARTMENT OF JUVENILE JUSTICE 7

  8. Civil Citation Flow Chart Civil Citation & Similar Prearrest Diversion Process Misdemeanor LE agrees to Civil Citation/PAD Success! No Juvenile Record Intervention Family Counseling Urinalysis monitoring Substance Abuse/Mental Health services Other Program Arrest forms are held and process begins Sanctions Service Hours Apology letter Restitution Academics Other assesses youth to determine interventions, referrals for services, and case management Failure: Original arrest paperwork is processed Allow the youth to continue in the program Other Offenders Delinquency Intake FLORIDA DEPARTMENT OF JUVENILE JUSTICE 8

  9. Successes of Civil Citation and Similar Prearrest Diversion Programs Florida has led the nation in implementing juvenile civil citations, which have proven to be a highly effective tool to reduce further youth involvement in the juvenile justice system. The success of the civil citation process depends on the collaborative efforts of many agencies and personnel throughout the community. Below are some civil citation & prearrest diversion program successes: 12-month recidivism rate for civil citation completers during Fiscal Year (FY) 2020-21 was 4% Utilization rate for civil citation eligible youth has increased from 26% to 67% since FY 2011-12 85% of first-time school-related misdemeanors resulted in a civil citation in FY 2021-22 11,000 first-time misdemeanant youth were successfully diverted from being arrested during the 12- month period of December 2021 through November 2022 FLORIDA DEPARTMENT OF JUVENILE JUSTICE 9

  10. Statewide Civil Citation and Similar Prearrest Diversion Program Utilization May 2022 - April 2023 17,052 CC- Eligible youth 67% (11,393) Utilized CC 33% (5,659) Of CC- eligible youth were arrested Gender Race/Ethnicity Black Hispanic White Other Female Male 2,306 126 4,719 6,674 4,918 4,043 2,444 2,323 3,336 2,270 905 40 CC Arrest CC Arrest CC Arrest CC Arrest CC Arrests CC Arrests FLORIDA DEPARTMENT OF JUVENILE JUSTICE 10

  11. Statewide Civil Citation and Similar Prearrest Diversion Program Utilization by Offense May 2022- April 2023 Most Common Offenses for CC Issuance: Misdemeanor Assault/Battery: 2,250 Misdemeanor Drug Law Offense: 1,266 Disorderly Conduct: 969 Petit Larceny: 890 Utilization by Offense Type: 90% of eligible Misdemeanor Drug Law offenses were issued citation 81% of eligible Disorderly Conduct offenses were issued citation 77% of eligible Petit Larceny offenses were issued citation 56% of eligible Misdemeanor Assault/Battery offenses were issued a citation FLORIDA DEPARTMENT OF JUVENILE JUSTICE 11

  12. Statewide School vs Community Arrests 5 Year Trend FLORIDA DEPARTMENT OF JUVENILE JUSTICE 12

  13. Statewide Arrest Rates By Age 5 Year Trend Highlights: Youth aged 15-16 consistently had the highest number of arrests over the last 5 years. Youth aged 17 and older had the second highest number of arrests over the last 5 years. Youth aged 5-12 years old make up the lowest number of arrest over the last 5 years. FLORIDA DEPARTMENT OF JUVENILE JUSTICE 13

  14. Statewide Arrest Rates 5 Year Trend Highlights: Overall, arrests have declined 38% since FY 2017- 18. Over the past 5 years, Black youth have accounted for approximately 50% of the arrests. White youth have accounted for 33% of the arrests. Hispanic youth have accounted for 15% of the arrests. White 19,983 18,124 14,685 10,710 11,861 Black 30,378 27,402 23,167 15,817 19,436 Hispanic 8,934 9,087 7,397 4,980 5,521 Other 225 240 193 179 178 FLORIDA DEPARTMENT OF JUVENILE JUSTICE 14

  15. Civil Citation Utilization by Circuit May 2022 April 2023 Highlights: Circuit 3 has the lowest utilization at 8%. Circuit 11 has the highest utilization rate at 91%. Statewide the utilization rate is 67%. FLORIDA DEPARTMENT OF JUVENILE JUSTICE 15

  16. Recommendations on how to increase Civil Citation & Similar Prearrest Diversion Programs Utilization Law enforcement supervisory review of eligible youth who were arrested Provide law enforcement agencies with update data specific to their agency to review monthly/quarterly Identify top 5 underperforming circuits and work with them to increase their utilization Continuous education and trainings for law enforcement and community stakeholders FLORIDA DEPARTMENT OF JUVENILE JUSTICE 16

  17. Information and links available on the Florida Department of Juvenile Justice Civil Citation Webpage DJJ Statewide Coordinator contact information Civil citation and similar prearrest diversion programs contact list Outcome data (CAR) Best Practices Guide Brochures http://www.djj.state.fl.us/partners/our-approach/florida-civil-citation FLORIDA DEPARTMENT OF JUVENILE JUSTICE 17

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