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Home My WebLink AboutVI (B) Resolution No. 96-11, adopting Juvenile Justice Citation ProgramOcoee Police Department 175 N. Bluford Avenue Ocoee, Florida 34761 Phone (407) 656-1313 Fax (407) 656-0218 TO: Honorable Mayor and Board of City Commissioners FROM: Robert E. Mark, Chief of Police DATE: April 14, 1996 SUBJECT: JUVENILE CIVIL CITATION PROGRAM STAFF REPORT ISSUE AGENDA 5-7-96 Item VI B Robert E. Mark Chief of Police Should the Honorable Mayor and Board of City Commissioners approve and adopt the resolution (attached) implementing the Juvenile Civil Citation Program. BACKGROUND A juvenile civil citation is a new tool that is designed to provide an efficient and innovative alternative to physically arresting and incarcerating children who commit misdemeanor delinquent acts. DISCUSSION HOW DOES A JUVENILE CIVIL CITATION WORK? The juvenile civil citation basically allows an officer to investigate a case, determine guilt and assign punishment. The offender does not enter the court system. All of the citations are sent to the Department of Juvenile Justice for review. Upon accepting a civil citation, the offender waives his/her right to a speedy trial. The juvenile in each case must admit guilt to be issued a juvenile civil citation. The victim in each case also waives the right to restitution for citation purposes. The victim must be in agreement with the issuance of the juvenile civil citation. WHO CAN BE ISSUED A JUVENILE CIVIL CITATION? A juvenile aged twelve(12) or older who has committed a non -traffic misdemeanor. The juvenile must be a first time offender. This can be determined by calling the Civil Citation Coordinator, twenty-four hours a day, who will run a computer check on the juvenile in question. WHAT HAPPENS IF THE JUVENILE DOES NOT COMPLETE THE ASSIGNED COMMUNITY SERVICE HOURS? If a juvenile does not complete the assigned hours, the Department of Juvenile Justice will send a form to our police department so that the juvenile can be charged with the crime and go to court. ARE THERE ANY DEPARTMENTAL GUIDELINES IN PLACE REGARDING THE JUVENILE CIVIL CITATION PROGRAM? Yes. Our departmental guideline for issuing the juvenile civil citation is that the citations WILL NOT be issued in domestic violence situations or in incidents which have resulted in injury. Additionally, officers are given a guideline to follow for issuing community service hours. Deviation is not allowed without a supervisor's approval. The guideline is as follows: HOURS AGE OF CHILD 01-10 Twelve 10-15 Thirteen 15-20 Fourteen 20-25 Fifteen 25-50 Sixteen and seventeen 50 hours is the maximum allowed by the state. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve this request to approve and adopt the resolution implementing the Juvenile Civil Citation Program. REM/sgm Attachment F OLEY & LARDNER , A T T O R N E Y S A T L A W I SUITE 1800 TO: Robert E. Mark, Chief of Police FROM: Scott M. Clements, Esq., Asst. City Attorney THROUGH:, Paul E. Rosenthal, Esq., City Attorney DATE: April 10, 1996 RE: Resolution Implementing Civil Citation Program Attached is the resolution implementing the Civil Citation Program you requested. If the resolution is acceptable this matter should be added to the agenda for the next City Commission meeting. If you have any questions, please do not hesitate to contact me. E S T A'B L I S H E 0 1 8 4 2 111 NORTH ORANGE AVENUE A MEMBER OF GLOBALEX ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN JACKSONVILLE TELEPHONE (407) 423-7656 BERLIN TALLAHASSEE BRUSSELS TAMPA FACSIMILE (407) 648-1743 DRESDEN WEST PALM BEACH MAILING ADDRESS FRANKFURT MILWAUKEE LONDON MADISON POST OFFICE BOX 2193 PARIS CHICAGO ORLANDO, FL 32802-2193 SINGAPORE WASHINGTON, D.C. STUTTGART TAIPEI TO: Robert E. Mark, Chief of Police FROM: Scott M. Clements, Esq., Asst. City Attorney THROUGH:, Paul E. Rosenthal, Esq., City Attorney DATE: April 10, 1996 RE: Resolution Implementing Civil Citation Program Attached is the resolution implementing the Civil Citation Program you requested. If the resolution is acceptable this matter should be added to the agenda for the next City Commission meeting. If you have any questions, please do not hesitate to contact me. E S T A'B L I S H E 0 1 8 4 2 RESOLUTION NO. 96-11 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING THE C'I'VIL CITATION PROGRAM PURSUANT TO FLORIDA STATUTE § 39.0255; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide an efficient and innovative alternative to custody by the Department of Juvenile Justice of Children, who commit non- serious misdemeanor delinquent acts and to insure swift and appropriate consequences; and WHEREAS, the City Commission of the City of Ocoee desires to establish a Civil Citation Program for juveniles as is allowed by Florida Statute § 39.0255; and WHEREAS, the Chief Judge of the Circuit, the State Attorney, the Public Defender and the Head of the Ocoee Police Department desire to establish a Civil Citation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City. of Ocoee has the authority to adopt this Resolution pursuant to Florida Statute § 39.0255, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Civil Citation Procrram. The City Commission of the City of Ocoee hereby establishes the Civil Citation Program for first and second degree misdemeanor offenses for juveniles as is allowed by Florida Statute 39.0255. SECTION 3. Implementation. The City Commission of the City of Ocoee hereby authorizes the Chief of Police to implement the Civil Citation Program. SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold�_ng shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption PASSED AND ADOPTED this ATTEST: Jean Grafton, City Clerk (SEAL) day of APPROVED. CITY OF OCOEE, FLORIDA 1996. S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1996 this day of , 1996. UNDER AGENDA ITEM NO. FOLEY & LARDNER City Attorney C:\WP51\DOCS\OCOEE\CVLCITAT.RSL;4/11/96; I8W0151SMCAp P" JUVENILE CIVIL CITATION AGENCY CASE# NAME Firs! . a DATE / / Date of Birth / / Hair Height Sex Race Eyes Weight Address Middle Home Phone School Mother's Name Father's Name Guardian's Name The undersigned officer certifies that he/she has probable cause to believe that the above named juvenile committed the following delinquent act: Charge: in violation of Florida Statute _ on the day of Location: 19 , at Time: a.m. p.m. In accordance with Florida Statute 39.0255 you are required to perform hours, (maximum not to exceed fifty hours), of community service and appropriate intervention services. This may include but is not limited to family counseling, urinalysis monitoring, substance abuse and mental health services. Your parent or guardian must contact Department of Juvenile Justice Civil Citation -,Coordinator at (407)836-8800 between 8:30 am and 4:30 pm, Monday through Friday within seven (7) days after the date of issuance of this citation. Failure to report or comply with the conditions of the Juvenile Citation Program will result in your prosecution. I have been advised by the below signed law enforcement officer that I have the right to refuse this citation. I understand that if I refuse this citation this case will be referred to the State Attorney for prosecution. I have also been advise that I may refuse the conditions of this program at any time prior to the completion of my work assignment or other requirements. By accepting this option I waive my right to a speedy trial for such time as is necessary to complete all the conditions. imposed on me. Juvenile's Signature Officer's Signature Officer's Printed Name Victim waives restitution for citation purposes. Juvenile's Thumb Print