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Date: 05/16/11 Revision: 07/26/21 Reviewed : 03/05/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 513.06 Page : 1 of 5 SUBJECT: JUVENILE ARREST AVOIDANCE PROGRAM (JAAP) I. PURPOSE : The purpose of this standard operating procedure is to define guidelines for the Juvenile Arrest Avoidance Program (JAAP). II. SCOPE : This procedure shall apply to all Sheriff's Off ice personnel. III. DISCUSSION : Florida Statute 985.12 establishes the authority of the Sheriff and deputies to effect arrests for criminal violations of law and the discretion not to arrest when appropriate. Recognizing that the impetus of juvenile la w is rehabilitative and not punitive, efforts should be made to divert juveniles from the Juvenile Justice System when deemed appropriate. To accomplish this goal, Sheriff’s Office personnel shall use the JAAP. Upon successful completion of the program, there is no arrest record, unlike othe r forms of juvenile diversion. IV. DEFINITIO NS: A. Eligible Juvenile - First-time offenders are eligible for JAAP civil citations. A first -time offender is a juvenile who has not previously been adjudicated del inquent, had an adjudication of delinquency withheld, participated in a pre -arrest or post -arrest juvenile diversion program, or otherwise been placed under physical arrest for a criminal offense. Eligibility can be verified by either accessing the Juveni le Justice Information System or by contacting the Senior Screener at the Juvenile Ass essment Center (JAC) at (813) 936 -9099. B. Family Violence - The term family violence is defined as a battery (domestic violence) where the offender and victim are s iblings, or the victim is the parent or other household member who sits in loco parentis to the offender, or the victim is a household member who lives as a family with the offender, but who is not part of the intimate partner relationship with the offende r. Family violence does not include intimate partner violence for the purpose of this agreement. C. Juvenile - Any unmarried person under 18 years of age alleged to be a dependent or any married or unmarried person who is charged with a violation of la w occurring prior to the time that person reached the age of 18. D. Juvenile Arrest Avoidance Program (JAAP) - A diversionary program (civil citation) that offers eligible juveniles an opportunity to avoid an arrest record for arrests associated with mis deme anor offenses by participating and successfully completing a program as sp ecified by the Administrative Office of the Courts (AOC ). Upon successful completion of the program, the accused is formally diverted from the Juvenile Justice System and has no arrest record. E. Misdemeanor Exceptions for JAAP eligibility - The only exceptions where JAAP civil citations may not be issued for misdemeanor offenses committed by first -time offender juveniles are: GEN 513.06 07/26/21 Page 2 of 5 1. Where written supervisor approval is obtaine d, and 2. Extraordinary circumstances necessitating an arrest exist. Extrao rdinary circumstances include: a. The potential threat to community safety; b. The safety and welfare of the victim and/or the victim’s family; c. The nature and circumsta nce surrounding the offense; d. The availability of appropriate shelter placement; or e. Where the misdemeanor offense involves assault on a specified official as defined in Florida Statutes 784.081 and 784.07 and the specified official does not conse nt to JAAP. F. Multiple Charges - If the juvenile is being charged with mor e than one offense, the juvenile is still eligible to participate in the JAAP, provided the offenses occurred as part of a single incident . If the juvenile committed multiple of fenses, which stem from more than one isolated incident, they are not eligible for the JAAP . G. School Referrals to Law Enforcement for JAAP - By statute, school systems may utilize referrals to handle “petty misconduct” as outlined in (IV. H.) for min or offenses. Prior internal school referrals will not prevent a student from being considered for the JAAP. H. Zero Tolerance (Hillsborough County Schools) - Florida Statute 1006.13 was created to ensure an effective learning environment by balancing s tudent safety and fairly addressing student misconduct. This law requires school boards to ensure that students are not expelled or arrested for petty misconduct. The law allows schools to enforce school discipl ine for those acts that fall in to the categ ory of petty misconduct, which include s disorderly conduct, disturbing the pea ce, disruption of a school function, simple assault, simple battery, affray, bullying, fighting not involving weapons or serious bodily injury, theft of less than $750.00, trespa ssing, vandalism of less than $1 ,000.00, possession of tobacco or alcohol on scho ol grounds, possession of false /altered identification, or trespass by a suspended student who attends the school. V. PROCEDURE : A. Deputies investigating a misdemeanor o ffense(s) committed by a juvenile shall release the juvenile without filing cr iminal charges after evaluating all the