doc_2671176

WINDERMERE POLICE DEPARTMENT GENERAL ORDER This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish procedures for a uniform method of handling incidents involving juveniles. 2. Policy Agency members shall deal strictly but fairly with juveniles involved in criminal situations and give every effort to divert them whenever possible from the criminal justice system. Agency personnel shall use the least coercive and most reasonabl e alternatives when dealing with juveniles, exercising good judgement consistent with the preservation of public safety, order and individual liberty. This policy addresses policies and procedures that are to be followed when an officer has taken or is con sidering taking a juvenile into custody. 3. Definitions A. Department of Juvenile Justice (DJJ) – State agency established by the Florida Legislature to address juvenile matters. B. Juvenile (Child) – any unmarried person under the age of eighteen (18) alleged to be dependent, or any married or unmarried person who is charged with a violation Effective Date: July 11, 2023  Rescinds  Amends (October 19, 2022) Number: 6.18 SUBJECT : Juvenile Procedures Print Date: 07/11/2023 Distribution: All Personnel Review Month: October 6.18, Page 2 of law occurring before reaching eighteen (18) years of age who has not been emancipated by t he courts. C. Juvenile Civil Citation (JCC) – an alternative to arrest and judicial handling for eligible misdemeanor offenses as authorized in Florida Statute 985.12. The focus is to prevent further delinquency. Youth assessment, referrals, intervention, an d sanctions are all part of the program. A juvenile’s successful completion of the civil citation program will avoid an arrest record and the formal delinquency process. 4. Procedures A. Diversion Options – Alternatives to Arrest 1. Officers are encouraged to co nsider alternatives to arrest when, in the officer’s opinion, resources other than the criminal justice system would be more effective in handling a juvenile. If an arrest is made, diversion alternatives should be considered. 2. Alternatives to physical arre st are generally available only when a juvenile has committed offenses such as traffic violations or non -violent misdemeanor offenses and the only victim is the State of Florida. 3. Officers have a wide range of discretion in regard to juvenile misdemeanor cases. Additional alternative remedies to arrest, and procedures that may be used by officers to divert juvenile offenders from the court system include, but are not limited to, the following: a. Release at the scene with no further action taken by the officer. b. Completion of a Field Interview Report and release . c. Completion of Juvenile Civil Citation . d. Informal referrals – If in the opinion of the officer, a juvenile is in need of services that could best be provided by agencies other than the co urt system, and if all parties agree, the juveniles and their parents may be referred to that social service agency with no further action by the officer. e. Corrective Action by Parents – If all parties agree, a juvenile offender may be turned over to the p arents for corrective action 6.18, Page 3 with no further action taken by the officer. Such diversion action shall be documented by the officer. f. Traffic Citation – Juveniles issued traffic citations will be handled in the same manner as adult traffic violations. g. Phys ically arresting the offender, but with a written recommendation to the State Attorney’s Office within the report’s narrative that the juvenile be referred to a diversion program. h. Officers may consider issuing a Notice to Appear (NTA) to a juvenile who ma y not qualify for a JCC. 4. The decision by an officer to physically arrest, release, summons or utilize some other method of diversion should be based upon consideration of the following: a. The nature and severity of the offense b. The age and circumstances of the offender – any potential arrest involving a juvenile 12 years old or younger, the officer shall contact their immediate supervisor for approval. The supervisor shall notify the Chief of Police. c. The offender’s record if any. d. The child ’s physical and mental condition . e. The attitude of the parents . f. The recommendation of the victim or complainant . g. The juvenile’s attitude. h. The availability of community -based diversion programs . 5. The agency recognizes the importance of allowing officers to use discretion when handling calls for service involving juvenile offenders. 6. An officer’s discretion shall be limited if a juvenile meets certain criteria. A juvenile should be arrested and referred to the State Attorney’s Office in such cases as: 6.18, Page 4 a. Serious gang related acts . b. Delinquent acts committed by a juvenile while on community control or who has a case pending . c. Repeated delinquent acts . d. A juvenile who has been previously assigned to a diversion program but has refused to participate . e. Where it has been determined that parental supervision is not effective . f. Any drug or alcohol related offense . g. Incidents involving extreme violence by the juvenile . 7. General Considerations a. JCC is the primary alternative to avoid placing the juvenile into the traditional juvenile justice system for qualifying misdemeanor offenses. The civil citation program still holds the juvenile