Effective Implementation of Civil Citation and Prearrest Diversion Programs in Florida
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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Statewide Civil Citation and Similar Prearrest Diversion Programs Overview Florida Department of Juvenile Justice Committee or Event Name Date
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
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
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
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
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
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
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
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
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
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
Statewide School vs Community Arrests 5 Year Trend FLORIDA DEPARTMENT OF JUVENILE JUSTICE 12
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
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
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
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
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
