Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Juvenile Delinquent Acts, CALEA 1.2.6; 1.2.7; 1.2.8.c;
44.1.1; 44.1.2; 44.2.1.a.b.c.d;
Disposition, Arrest and Custodial
44.2.2.a.b.c.d.e; 44.2.3.a.b;
Procedures
61.1.3.b; 71.3.1.e
PROPONENT UNIT
PRIOR REVISIONS
Youth and Community Services
03/27/00, 01/21/02, 06/24/02,
Division 02/27/04, 06/08/12, 01/05/17
ATTACHMENT: 0
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
44.3 07/01/98 11/27/2019 13
I. PURPOSE: This Order establishes guidelines for arrest and custodial procedures for juvenile
offenders.
II. DISCUSSION: The Department recognizes that the juvenile population is in a critical
transition between child- and adulthood. Juveniles who behave against the social order need to
experience the consequences of their actions within a system that supports them as people, but
does not excuse their behavior. Since members of the Department have a significant
opportunity to influence their future, they shall handle juveniles fairly and in accordance with
applicable Florida State Statutes, while protecting their constitutional rights. The department
encourages periodic review by other juvenile justice associations in the development of agency
policies and procedures related to juveniles. [CALEA 44.1.2]
III. POLICY: It shall be the policy of this Department to deal with juvenile offenders in the least
coercive manner possible. All officers of this department will respect the juvenile’s family
autonomy and will use the most reasonable alternatives consistent with preserving public safety,
order, and individual liberty. All members regardless of duty assignment are charged with the
responsibility of participating in and supporting the Department’s juvenile operations function.
Each officer shall be familiar with the unique requirements of juvenile matters and shall respond
to those requirements by ensuring that the constitutional rights of the juveniles are protected, as
provided by procedure or statute. The police role in juvenile justice and delinquency prevention
must be responsive to community needs. Officers must focus on both enforcement and
prevention functions, realizing neither role at the expense of the other. The Police Department is
committed to the development and perpetuation of programs designed to prevent and control
juvenile delinquency. [CALEA 44.1.1]
III. DEFINITIONS:
A. Juvenile: Any married or unmarried person who is charged with a violation of law
which incident occurred prior to the time that person reached the age of 18 years.
For the purposes of this Order, a limited definition will be used and will apply only to
those juveniles meeting the criteria for an arrest.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
B. In Custody: Situations where the individual is under arrest or when a "reasonable
person" in the suspect's position would feel that his or her freedom of action has been
restricted to the degree consistent with a formal arrest.
C. Delinquent Act: An act which, if committed by an adult, would be a violation of law,
to include felonies, misdemeanors, criminal traffic violations, violations of City
ordinances, and, when applicable, violations of federal law.
D. Responsible Adult: A parent, guardian, legal custodian, responsible adult relative,
responsible agent of an approved crisis home, or an adult previously approved by the
court.
E. Juvenile Assessment Center (JAC): The Juvenile Assessment Center (JAC) is an
institution where juvenile arrestees are booked and processed for the purpose of
screening, determining disposition, and making referrals for treatment/counseling.
F. Forcible Felony: For the purposes of this policy will be defined as; Murder,
manslaughter, sexual battery, carjacking, home/invasion robbery, robbery, armed or
occupied residential or business burglary, arson, kidnapping, aggravated assault,
aggravated battery, aggravated stalking, unlawful throwing/placing or discharging of a
destructive device or bomb.
G. Non-Custody/Custodial: Situations where the individual is not in custody and is free to
leave at any time nor has his or her freedom been restrained to a degree associated with
a formal arrest.
H. Status Offender: Status Offenders are identified as youth who have been
detained for behaviors that are not illegal for adults. Examples include truancy,
runaways, possession of tobacco, and curfew violators. While detained, these
youths must be held in a non-secure area of a facility. Youths must be separated
from sight or sound of any adult offender.
IV. PROCEDURE:
A. Custody: Department members take juveniles into custody under a variety of
circumstances, and may utilize a wide range of alternatives when dealing with juvenile
offenders, ranging from warnings to arrest. Department members will ensure the rights
of juveniles are protected. [CALEA 44.2.2.c]
1. Runaways / Truants / Status Offenders/ Other Non-Delinquent Instances:
See G.O. 44.2, “Children in Need of Services and Dependent Juveniles”. [CALEA
44.2.2.a]
2. Taking A Delinquent Child Into Custody: A child may be taken into custody
for the following circumstances:
i. Pursuant to an order of the circuit court issued pursuant to the
provisions of Florida State Statute Chapter 985, based upon sworn
testimony, either before or after a petition is filed; or
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ii. For a delinquent act or violation of the law, pursuant to Florida law
pertaining to a lawful arrest, if the juvenile does not qualify for an
intervention or diversion program (i.e. Juvenile Civil Citation, domestic
violence diversion, or the like).
Taking a juvenile under the age of 13 into custody is permissible under
the following conditions and must be documented in the incident report:
1. The juvenile has committed a Forcible Felony, as defined
above,
2. The Taking in to Custody is approved by a supervisor.
iii. For failing to appear at a court hearing after properly being noticed.
3. Assessment of Well-Being: [CALEA 44.2.2.b] Any time a member takes a
juvenile into custody, he/she shall assess the juvenile to determine if the child:
i. Has been harmed, is alleged to have been harmed, or is in danger of
being harmed. The member shall:
1. Check the juvenile for signs of illness or injuries;
2. Ask the juvenile if any conditions exist (with family, friends, etc)
which could cause harm to him/her.
ii. Is under the influence of alcohol or other chemical substance, or
iii. Is mentally or emotionally disturbed.
4. Contact with Adult Arrestees: Juvenile arrestees shall not be in the
presence of any adult detainee. Juveniles shall be separated from adult
detainees by sight and sound.
5. Contact with Other Gender(s): Juvenile arrestees shall not be held in the
presence of detainees of a different gender- juvenile or adult.
If males/females are required to be detained at the same time, they shall be
separated from each other by sight and sound. [CALEA 71.3.1.e]
B. Screening and/or Treatment for Medical Conditions and/or Mental Illness:
Regardless of the ultimate disposition or charge, members shall obtain immediate
treatment for juveniles who require medical attention or screening under the Baker or
Marchman Acts. [CALEA 44.2.2.b & 44.2.2.d]
C. Disposition Alternatives: The Gainesville Police Department shall use the least
coercive among reasonable alternatives when dealing with the disposition and release of
juveniles. [CALEA 44.2.1] Juvenile offenders shall be addressed without undue delay,
and in a proper manner while keeping the safety of the public in mind. [CALEA 1.2.7]
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Alternatives for disposing of situations involving juveniles include, but are not
limited to, the following:
1. No Charges Filed, and Juvenile Is:
i. Released with no further action. [CALEA 44.2.1.a]
ii. Taken home and/or released to a parent or other responsible adult.
[CALEA 44.2.1.a]
iii. Taken to the Truancy Center, Interface, or other faci