Florida Statutes 985.126 – Diversion programs; data collection; denial of participation or expunged record
Current as of: 2023 | Check for updates
|
Other versions
(1) As used in this section, the term “diversion program” has the same meaning as provided in s. 943.0582.
(2) Upon issuance of documentation requiring a minor to participate in a diversion program, before or without an arrest, the issuing law enforcement officer shall send a copy of such documentation to the entity designated to operate the diversion program, which shall enter such information into the Juvenile Justice Information System Prevention Web within 7 days after the youth‘s admission into the program.
(3)(a) Beginning October 1, 2018, each diversion program shall submit data to the department which identifies for each minor participating in the diversion program:
1. The race, ethnicity, gender, and age of that minor.
2. The offense committed, including the specific law establishing the offense.
3. The judicial circuit and county in which the offense was committed and the law enforcement agency that had contact with the minor for the offense.
4. Other demographic information necessary to properly register a case into the Juvenile Justice Information System Prevention Web, as specified by the department.
Terms Used In Florida Statutes 985.126
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Circuit: means any of the 20 judicial circuits as set forth in…. See Florida Statutes 985.03
- Department: means the Department of Juvenile Justice. See Florida Statutes 985.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
- Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 985.03
- Prevention: means programs, strategies, initiatives, and networks designed to keep children from making initial or further contact with the juvenile justice system. See Florida Statutes 985.03
- youth: means any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. See Florida Statutes 985.03
(b) Beginning October 1, 2018, each law enforcement agency shall submit to the department data that identifies for each minor who was eligible for a diversion program, but was instead referred to the department, provided a notice to appear, or arrested:
1. The data required pursuant to paragraph (a).
2. Whether the minor was offered the opportunity to participate in a diversion program. If the minor was:
a. Not offered such opportunity, the reason such offer was not made.
b. Offered such opportunity, whether the minor or his or her parent or legal guardian declined to participate in the diversion program.
(c) The data required pursuant to paragraph (a) shall be entered into the Juvenile Justice Information System Prevention Web within 7 days after the youth’s admission into the program.
(d) The data required pursuant to paragraph (b) shall be submitted on or with the arrest affidavit or notice to appear.
(4) Beginning January 1, 2019, the department shall compile and semiannually publish the data required by subsection (3) on the department’s website in a format that is, at a minimum, sortable by judicial circuit, county, law enforcement agency, race, ethnicity, gender, age, and offense committed.
(5) A minor who successfully completes a diversion program and who has been granted an expunction under s. 943.0582 may lawfully deny or fail to acknowledge his or her participation in the program and such expunction of a nonjudicial arrest record, unless the inquiry is made by a criminal justice agency, as defined in s. 943.045, for a purpose described in s. 943.0582(2)(b)1.
(6) The department shall adopt rules to implement this section.