Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Juvenile Civil Citation Procedures CALEA 1.1.3; 44.1.2;
44.2.1(b-d)
PROPONENT UNIT PRIOR REVISIONS:
Youth Services Division 05/29/07; 02/15/11; 08/09/13;
11/12/15
ATTACHMENT: None
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
44.5 01/21/2002 01/23/2020 6
I. PURPOSE: The purpose of this order is to establish guidelines for the juvenile civil
citation process which is used for the Alachua County Sheriff’s Office’s Teen Court
Program. This program provides alternatives to custodial arrest for first or second
time youthful offenders who commit delinquent acts.
II. POLICY: It shall be the policy of the Gainesville Police Department to use the
juvenile civil citation process when arresting juveniles who have committed minor
offenses and fall within the guidelines as specified in this procedure. Beginning
October 1st, 2015, Juvenile/Child offenders will be eligible for up to two (2) Civil
Citations in Alachua County.
III. DEFINITION AND APPLICABLE STATE STATUTES:
A. FSS 985.12(1): Establishes a juvenile civil citation process by the Department of
Juvenile Justice as an alternative to custody for children who commit non-serious
delinquent acts.
B. FSS 985.12(6): At the time of issuance of a civil citation, the officer shall advise
the child that they have the option to refuse the citation. If the child refuses, they
will be charged with the offense through normal juvenile arrest procedures.
C. Juvenile/Child FSS 985.03(6): Any person who has not reached their 18th
birthday and who has not been emancipated by marriage or otherwise.
D. Delinquent Act : For the purpose of this order, the term delinquent act means
any misdemeanor crime or municipal ordinance violation.
a. Exclusions: A Juvenile Civil Citation SHALL NOT be issued for ANY criminal
traffic infraction or any felony crime.
E. Juvenile Civil Citation Use: The Juvenile Civil Citation (GPD Form 252) is
designed to be used for referrals to the Teen Court Program.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
The citation consists of a two-part form: the citation itself and the supplemental
forms.
F. Diversion Program:
1. Purpose: The Teen Court Program was developed to provide an alternative
to the customary judicial process for first/second-time juvenile offenders who
commit minor criminal violations. It offers community sanctions, early
intervention, counseling, education and other appropriate community
resources to divert juveniles from future criminal behavior.
2. Program Management:
Teen Court is managed by the Alachua County Sheriff’s Office.
1. Program Referral: In lieu of making an arrest or filing a sworn complaint,
members may issue a Juvenile Civil Citation (GPD Form #252) to eligible
juveniles who have committed a delinquent act.
IV. Procedure:
A. Investigation Requirements: Since the case will be referred for prosecution if the
conditions of the program are not met, the officer must conduct a complete
investigation and comply with procedural guidelines regarding the arrest of juveniles,
including custodial interview procedures.
1. Processing the child for fingerprints and photographs, pursuant to FSS 985.11,
shall not be done if a civil citation is issued, as the issuance of a civil citation would
not be considered an arrest.
B. Program Participation Requirements: The Juvenile Civil Citation may only be
used when the following guidelines are met:
1. The juvenile has committed a delinquent act, and;
i. Is a resident of the State of Florida;
ii. Has not committed a felony;
iii. Must be a first time offender with no previous arrest history and/or has only
been issued one prior Juvenile Civil Citation (exception noted in section D.7.).
This shall be confirmed through the Juvenile Assessment Center (JAC) by
calling 352-955-2105 ext. 227.
iv. Was not involved in a hate crime;
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v. Freely admitted his/her guilt in the commission of the offense AND;
vi. Must provide a signature and thumbprint indicating that he/she has
acknowledged the commission of the stated offense and their understanding of
the Juvenile Civil Citation process.
*Note: For purposes of this policy, the commission of more than one delinquent
act by the juvenile during a single incident shall constitute the issuance of only
one Juvenile Civil Citation.
C. Law Enforcement Referral Procedure:
1. Determining if a Juvenile Civil Citation should be used:
See section D.2.
2. Juvenile Civil Citation Not Used: If the juvenile and the crime committed meet
the requirements of the juvenile civil citation program and the officer chooses not to
issue the juvenile a civil citation, the officer shall document in the incident report
why the citation was not issued. This decision must be approved by the member’s
supervisor, contemporaneous to the event.
3. Disposition of the Case: If the investigating officer determines that the juvenile
is a good candidate for referral, the officer will advise the juvenile and offer the
option of program participation in lieu of the juvenile facing criminal charges.
i. Juvenile Refuses: If the juvenile opts not to participate in the program
(either verbally, by not admitting guilt, etc.) the officer will make an arrest
or file a sworn complaint.
This will occur at any stage in the process if the juvenile refuses to
participate further or changes his mind.
ii. Juvenile Agrees: If the juvenile agrees to participate in the program, the
officer will complete all appropriate information on the Juvenile Civil
Citation (GPD Form 252/GPD Form 252 Supplement). The officer will
also:
a. Verify the identity of the juvenile by means of available identification or
through the juvenile’s parent/guardian;
b. Give a copy of the citation to the juvenile;
c. Forward the remaining copies to the Records Section for distribution
to the Teen Court Coordinator.
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The Teen Court Coordinator will distribute the copies of the citations as is
required by statute.
D. Notification of Parent or Guardian:
1. Arrest/Sworn Complaint: If the juvenile refuses to participate in the
program, the officer shall follow notification procedures as outlined in
General Order 44.3.
2. Referral via Citation: The officer should attempt to notify a parent or
guardian and document this on the citation. The officer shall also document
within the incident report, the specific efforts of notification attempts (e.g.
phone number called, left voicemail, etc...) when contact is not made with a
parent or guardian. Inform the parent or guardian that:
i. The juvenile committed a delinquent act and will be issued a Juvenile
Civil Citation in lieu of an arrest.
ii. By accepting the civil citation, the juvenile has agreed to participate in
the Teen Court Program.
3. Releasing the Juvenile: Unless conditions exists which could place the
juvenile in danger, the juvenile may be released after they sign and receive
the citation.
i. The juvenile does not have to be released to a parent or guardian.
4. Reporting and Charging Document: The Juvenile Civil Citation serves as
the formal charging document. The citation must be completed thoroughly
and accurately.
i. The member shall complete an incident report.
ii. The member shall provide a copy of the Juvenile Civil Citation to the
juvenile. The additional copies of the Juvenile Civil Citation shall be
placed into the Records bin to be sent to the State Attorney’s Office, the
Gainesville Police Department Youth Services Division and the Alachua
County Sheriff’s Office (Teen Court Diversion program), and
parent/guardian.
5. Department Records Section: The Department’s Records Section will
maintain a file for the offense by case report number and forward the
appropriate copy of the Juvenile Civil Citation and all related documents
(when applicable) to the appropriate program coordinator.
i. Documentation may be prepared and placed in designated tr