The rules implement section 985.126, F.S., requiring the submission of juvenile diversion data to the Department, and the Department's periodic publication of the data.

 

DEPARTMENT OF JUVENILE JUSTICE

Division of Administration

RULE NOS.:RULE TITLES:

63F-13.001Definitions.

63F-13.002Submitting Diversion Data

63F-13.003Publishing Diversion Usage Data

PURPOSE AND EFFECT: The rules implement section 985.126, F.S., requiring the submission of juvenile diversion data to the Department, and the Department's periodic publication of the data.

SUMMARY: The rules govern the collection and submission of juvenile diversion data by law enforcement and diversion programs. Provision is made for the publication of diversion data every six months.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 985.64, 985.126, FS.

LAW IMPLEMENTED: 985.126, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, December 19, 2018, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63F-13.001 Definitions

For the purpose of this rule chapter, governing the submission, compilation and publication of juvenile diversion data, the following words shall have the meanings indicated.

(1) Diversion Program – Any one of the following prearrest or postarrest methods of diverting a youth from formal prosecution in the juvenile justice system:

(a) A civil citation or similar prearrest diversion program under s. 985.12, F.S.;

(b) A prearrest or postarrest diversion program established by law enforcement or a school district under s. 985.125, F.S.;

(c) A neighborhood restorative justice program for first-time, nonviolent juvenile offenders under s. 985.155, F.S.;

(d) A community arbitration program under s. 985.16, F.S., or

(e) A program to which a referral is made by a state attorney under s. 985.15, F.S..

(2) Eligible youth – A youth who commits any first-time misdemeanor offense, and who was not previously in a diversion program.

(3) Participating youth – A youth who is participating in a diversion program.

Rulemaking Authority 985.64, 985.126(6) FS. Law Implemented 985.126 FS. History–New__________.

 

63F-13.002 Submission of Diversion Data

(1) Each diversion program shall submit quarterly to the Department’s Director of Research and Data Integrity, a data spreadsheet in excel format with the following information on each participating youth:

(a) Identifying information, including the referred youth’s name, address, race, ethnicity, gender and date of birth;

(b) Referred offense, including the statute establishing the offense, and the degree;

(c) Judicial circuit and county where the offense was committed;

(d) Law enforcement agency that had contact with the youth;

(e) Parent/Guardian contact information including name/address/telephone; and

(f)  Youth’s School status and information as applicable such as: School Name/Grade.

(2) Each law enforcement agency shall submit the diversion, pre-arrest diversion or civil citation affidavit to their local processing entity such as Juvenile Assessment Center/Screening Unit for data input into the Juvenile Justice Information System. The form submitted must include the following information on each eligible youth at the time the youth is referred to the department, arrested or issued a notice to appear:

(a) All of the information in subsection (1) above;

(b) Whether the youth was offered the opportunity to participate in a pre-arrest diversion program.  If the youth was not offered participation, designation of one of the following reasons why the otherwise eligible youth was not given a diversion option:

1. Officer has knowledge that youth was previously served by Prearrest Diversion

2. Youth declined/refused to participate

3. LEO suspects gang association

4. Offense involved weapons or firearms

5. Parent declined/refused to participate

6. Not eligible based on local policy Youth refused to admit guilt

7. Civil citation or alternative diversion program not available

8. Not eligible based on local policy Ineligible offense type

9. Not eligible based on local policy Offense involved domestic violence

10. Not eligible based on local policy Offense involved drugs/narcotics

11. Not eligible based on local policy Youth charged with multiple misdemeanor offenses

12. Not eligible based on local policy Offense involved resisting arrest

13. Not eligible based on local policy Victim requested formal arrest processing    

14. Reason not available or provided by LEO

15. Offense involved cruelty to animals

16. Subsequent charge presented that does not qualify for diversion.

Rulemaking Authority 985.64, 985.126(6) FS. Law Implemented 985.126 FS. History–New__________.

 

63F-13.003  Publication of Diversion Usage Data

(1) The department shall compile the data received by diversion programs and law enforcement in rule 63F-13.002 as it is received. 

(2) Each January 15 and July 15, the department shall publish the data received from diversion programs and law enforcement. 

(3) Publication of diversion usage data shall be on the department’s website in sortable format.  Interested stakeholders and members of the public shall be able to sort usage data by judicial circuit, county, law enforcement agency, offense, and by the race, ethnicity, gender and age of the youth. 

Rulemaking Authority 985.64, 985.126(6) FS. Law Implemented 985.126 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Greenwald, Director, Office of Research and Data Integrity

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Timothy Niermann, Interim Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 09, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 16, 2018