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Date: 09/14/17 Revision: 02/21/23 Reviewed: 02/21/23 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER, SHERIFF STANDARD OPERATING PROCED URE Number: GEN 518.00 Page: 1 of 4 SUBJEC T: ADULT PRE -ARREST DIVERSION PROGRAM (APAD) I. PURPO SE: The purpose of this standard operating procedure is to define the guidelines for the Adult Pre -Arrest Diversion Program . II. SCOPE : This procedure shall apply to all Sheriff's Office personnel. III. DISCUSSION : The Sheriff’s Office, the State Atto rney’s Office (SAO), the Clerk of the Circuit Court, and the Public Defender’s Office have agreed to establish an Adult Pre -Arrest Diversion Program for eligible adult participants who commit misdemean or offenses. Upon successful completion of the progr am, the participant will not have an arrest record, unlike other forms of misdemeanor diversion. Successful completion of the program requires the participant to have taken responsibility for his/her actions and to have completed all program requirements. IV. DEFINITIONS : A. Adult Pre -Arrest Diversion Program (APAD) - A diversion program that offers eligible criminal participants an opportunity to avoid an arrest record for arrests associated with certain identified misdemeanor offenses. B. Eligible Participant 1. An adult arrestee who agrees to participate in the program. 2. Admits to the offense. 3. Has no prior DUI, misdemeanor, or felony convictions (a withhold of adjudication is consid ered a conviction for the purposes of this program). 4. Has not been previously arrested for any felony offense. 5. Has not been arrested for any misdemeanor offense in the past two years (regardless of the case disposition). 6. Has not participated in the APAD within the past two years, or more than tw ice in their lifetime. 7. Prior traffic -related convictions (other than DUI) or juvenile convictions will not be a disqualifier. 8. The steps to determine eligibility are outlined in section V . C. C. Misdemeanor Eligibility - The APAD is available for all m isdemeanor offenses in Florida Statutes and Hillsbor ough County Ordinances, except the following: 1. Battery (Domestic Violence only) . 2. Driving Under the Influence . 3. Exposure of Sexual Organs . 4. Improper Exhibition of Dangerous Wea pons or Firearms . 5. Lewd and Lascivious Acts . 6. Stalking or Cyberstalki ng. 7. Sexual Cyber Harassment . 8. Repeat, sexual, or dating violence and pretrial release violations . GEN 518.00 02/21/23 Page 2 of 4 * 9. Traffic Offenses (chargeable under Fl orida Statutes 316, 320, and 322). 10. Violat ion of an Injunction . 11. Voyeurism and Vi deo Voyeurism . Eligibility for the following misdemeanor offenses is optional based on the totality of the circumstances and the deputy’s discretion: * 1. Assault on a Specified Official . * 2. Carrying a Concealed Weapon . 3. Disorderly Intoxication . 4. False I nformation to Law Enforcement . 5. Loitering or Prowling . 6. Misuse of 911 . 7. Resisting an Officer without Violence . D. Multiple Charges - If the individual is being charg ed wit h more than one offense, they may still be eligible to participate in the program if the offenses took place in a single event. If the individual is being charged with more than one offense, which stem s from more than one isolated incident, they are not e ligible for the program. E. Out of County/Out of State - If the individual lives outside Hillsborough County, or out of state, they will still qualify for the APAD, provided they meet all other requirements. V. PROCEDURE : A. A deputy investigating a misdemeanor offense committed by a n adult, not inc luding an above -listed exception, shall evaluate all the circumstances involved in the incident and release the subject without filing criminal charges upon determining they qualify as an eligib le partici pant for the APAD. If based on the circumstances, t he deputy determines that the APAD will not be used for an otherwise eligible individual , the circumstances shall be approved by a supervisor and documented in the electronic Criminal Report Affidavit (e -CRA) and in the General Offense R eport. B. A dep uty may refer an adult , who has committed a misdemeanor offense , to the APAD, provided all the following criteria are met: 1. The offense must be a violation of law in which the deputy could effect an immediate arrest. 2. The subject qualifies as an eligi ble participant. 3. The subject has an attitude conducive to diversion/rehabilitation. C. The deputy shall verify eligibility by first reviewing the individual’s arrest history via SAO case management and arrest inquiry. If, after the initial review, the participant still qualifies, the deputy shall contact the district desk deputy, who will query the participant’s full criminal history to determine if they still qualify. If the desk deputy determine s that the individual still qualifies, the originati ng deputy will contact the Records Transcription Unit (RTU) at (813) 247-8247. RTU personnel will