go-71.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Prearrest Delinquency Citation Program CHIEF OF POLICE Signature on File Proudly Policing Since 1826 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 71 08/07/1997 10/24/2025 12 AUTHORITY/RELATED REFERENCES FS 847.0141, Sexting FS 985.12, Prearrest Delinquency Citation Program General Order 6, Arrests and Alternatives to Arrest General Order 32, Juvenile Procedures and Programs ACCREDITATION REFERENCES CALEA Chapters 1, 44 KEY WORD INDEX Additional Sexting Violations Procedure XII CIB Responsibilities for Sexting Citations Procedure XIII Criteria for Issuing A Non-Criminal Sexting Citation Procedure VII Criteria for Prearrest Delinquency Citation Issuance Procedure I Documentation Requirements (PDC) Procedure III Documentation Requirements for Sexting Investigations Procedure X Evidence Collection for Sexting Investigations Procedure IX Non-Criminal Sexting Procedure VI Prearrest Delinquency Citation Liaison Responsibilities Procedure V Procedures for Issuing a Prearrest Delinquency Citation Procedure II Procedures for Issuing a Sexting Citation Procedure VIII Supervisor Responsibilities (PDC) Procedure IV Supervisor Responsibilities (Sexting) Procedure XI POLICY Florida Statute authorizes the Department to establish a Prearrest Delinquency Citation Program to provide alternatives to arresting misdemeanor juvenile offenders while ensuring the juvenile is held accountable for their action without creating a criminal record. Florida Statute also authorizes the members to issue\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT non-criminal citations for sexting offenses. Members are responsible for adhering to established protocols concerning the issuance of both citations. DEFINITIONS Minor or Child: Any person, whose identity is known or unknown, younger than 18 years of age. (Throughout this policy, the term “juvenile” is used for the PDC, and refers to the same definition as minor.) Prearrest Delinquency Citation: The PD Form (PD 405B) is utilized to document a juvenile’s participation in the Prearrest Delinquency Citation Program. Prearrest Delinquency Citation Case Manager: An employee of DISC Village who coordinates the administration of the Prearrest Delinquency Citation Program and reports on each juvenile’s progress in the program. Prearrest Delinquency Citation Program (PDC): A formal process established through the Chief Judge of the 2nd Judicial Circuit, the State Attorney, and the Public Defender, which permits an arresting officer to offer a juvenile in custody up to fifty (50) hours of community service in lieu of being charged with a criminal offense. Sexting: Producing and distributing sexually explicit images or messages, as outlined in FS 847.0141. Sexting Non-Criminal Citation: The PD Form (PD 337) is utilized to document a juvenile’s participation in the Sexting Non-Criminal Citation Agreement. Sexual Conduct: The actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstances constitute “sexual conduct.” PROCEDURES I. CRITERIA FOR PREARREST DELINQUENCY CITATION ISSUANCE An officer shall issue a Prearrest Delinquency Citation (PDC) upon contacting a juvenile offender who is subject to arrest when all of the following criteria are met: GENERAL ORDER 71 PAGE 2 of 12 PREARREST DELINQUENCY CITATION PROGRAM OCTOBER 24, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT A. The juvenile must be under 18 years of age. nd B. The juvenile resides within the 2 Judicial Circuit (Leon, Franklin, Wakulla, Liberty, Jefferson, or Gadsden County). C. The juvenile admits to committing a misdemeanor offense within the nd 2 Judicial Circuit. D. The juvenile is not a validated gang member per FS 874. E. Any restitution must be determined and satisfied within 7(seven) days of entry into the program. F. The juvenile and a parent/guardian agree to the issuance of the PDC, G. The offense committed is not traffic-related. H. The offense committed did not involve a firearm. I. If the offense is domestic-related, the officer shall use their discretion on whether to make an arrest or issue a citation (and should consider the age of the involved, likelihood of future violence, severity of injuries, consult with their Sergeant, etc.). J. Sexting offenses are NOT eligible due to defined sanctions that are not compatible with PDCs, but instead, juveniles committing sexting offenses should be issued a sexting citation. K. The juvenile does not have more than one failure to complete a prearrest delinquency citation. L. There is no limit to the number of prearrest delinquency citations for a juvenile; however, the juvenile shall not be enrolled in any diversionary program at the time of the offense. M. Reasonable attempts must be made to contact any victim(s) with an advisement of their rights per Marsy’s Law. GENERAL ORDER 71 PAGE 3 of 12 PREARREST DELINQUENCY CITATION PROGRAM OCTOBER 24, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT II. PROCEDURES FOR ISSUING A PREARREST DELINQUENCY CITATION A. Upon determining probable cause exists for the arrest of a juvenile, officers are responsible for determining the eligibility of the juvenile for issuance of a PDC as described in section I above: Officers can determine if a juvenile is currently participating in a PDC Program or has more than one failure to comply with sanctions by contacting the Juvenile Assessment Center (JAC) or by accessing the Juvenile Justice Information System (JJIS). B. Officers shall advise the juvenile of the option to refuse the PDC. C. If the juvenile offender refuses the PDC and is arrested, the officer shall transport the juvenile to the JAC without delay (unless the juvenile requires emergency medical treatment). D. The signature of the juvenile on the PDC attests to their agreement. E. Officers shall ensure the right thumbprint of the juvenile is placed in the bottom right corner on the PDC. F. Officers shall explain the PDC program to the parent/guardian and should request the parent to respond to pick up the juvenile. G. Officers shall not assess more than fifty (50) community service hours to a juvenile receiving a PDC. H. The Prearrest Delinquency Citation Case Manager may require participation in intervention services appropriate to the identified needs of the juvenile, including: 1. Family counseling 2. Urinalysis 3. Monitoring 4. Substance abuse counseling/treatment 5. Mental health services I. Officers shall issue Miranda warnings prior to any questioning (or prior to obtaining the juvenile’s signature on the PDC if the juvenile is GENERAL ORDER 71 PAGE 4 of 12 PREARREST DELINQUENCY CITATION PROGRAM OCTOBER 24, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT not questioned). J. Officers shall explain to the juvenile the difference between an arrest and a PDC. K. If a camera is readily available, officers issuing a PDC should take a photo of the juvenile and upload it into the appropriate Department database. L. Juveniles issued PDCs shall not be transported to the JAC. III. DOCUMENTATION REQUIREMENTS A. Officers who interact with a juvenile offender who is subject to arrest shall document in the offense report or arrest paperwork the following information: 1. The reason(s) the PDC was or was not issued, 2. The date of the juvenile’s last arrest or last PDC (if applicable), and 3. The name of the JAC employee who completed the criminal history/PDC inquiries