63D-10.002. Diversion Services  


Effective on Sunday, March 16, 2014
  • 1(1) Diversion services are 5non-judicial alternatives used to keep youth who have committed a delinquent act from being processed through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, prevent subsequent offenses during and after participation in the programs, and provide an array of services to 55juveniles referred to the Department of Juvenile Justice. Referrals are determined based upon the youth’s current offense, delinquency history, and Positive Achievement Change Tool (PACT) results. The PACT is the primary assessment instrument used to determine the youth’s risk to re-offend, and to identify criminogenic needs, which are those critical factors identified during the assessment process that have been statistically proven to predict future criminal behaviors that require intervention.

    124(2) Typical interventions of diversion programs include community service hours, restitution, random urinalysis, curfew, anger management, educational training, and vocational services. Diversion programs may also include individual, group, or family counseling provided by licensed mental health providers, and substance abuse education and treatment provided by licensed substance abuse providers. Diversion programs may also include mentoring, providing instruction or imparting guidance outside the formal treatment 188intervention. Diversion services are categorized into four major groups: civil citation, department provided diversion, contracted diversion, and other community based diversion programs.

    210(a) 211Civil citation programs provide law enforcement with an alternative to taking youth into custody, while ensuring swift and appropriate consequences for youth who commit non-serious delinquent acts. First time misdemeanor offenses are eligible for civil citation, with the exception of firearm, sexual offense, or gang related charges.

    2581. A record check of the Juvenile Justice Information System (JJIS) is completed to determine program eligibility.

    2752. Upon receipt of the citation, the department or provider shall enter the required information into Prevention Web. The issuance of a civil citation is not considered a referral to the department. Data entered in the Prevention Web shall not be shared with outside agencies.

    3203. Upon successful completion of the civil citation program, the youth will not have an arrest record.

    3374. Youth who do not complete the civil citation program are referred to DJJ and the state attorney for formal processing.

    358(b) Department provided diversion programs are sanctions and services assigned and monitored by a Juvenile Probation Officer. Services are put in place to assist youth and families in addressing the issues that led to the youth’s referral to the department while holding the youth accountable for their actions. Sanctions vary widely and are able to be tailored to individual youth needs. Participation in department provided diversion may be agreed upon by the state attorney’s office or ordered by a judge.

    438(c) Contracted diversion programs are structured diversion services provided to youth through a contract with a provider. These programs also vary, but all will address youth needs without formal court processing.

    469(d) Other community based diversion programs are available across the state and are provided by community stakeholders or the court system. These include but are not limited to community arbitration, teen court, drug court diversion, and Neighborhood Accountability Boards.

    508Rulemaking Authority 510985.14, 511985.435, 512985.64 FS. 514Law Implemented 516985.12, 517985.145, 518985.155, 519985.16, 520985.601(3)(a) FS. 522History–New 9-20-10, Amended 3-16-14.

     

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