Pasco Sheriff's Office General Order 44.4 Juvenile Offender Procedures PDF

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: JUVENILE OFFENDER PROCEDURES GENERAL ORDER: 44.4 EFFECTIVE: AUGUST 1, 2023 SUPERSEDES: APRIL 14, 2022 ACCREDITATION STANDARDS: CFA 15.06, 16.01, 16.03,...

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: JUVENILE OFFENDER PROCEDURES GENERAL ORDER: 44.4 EFFECTIVE: AUGUST 1, 2023 SUPERSEDES: APRIL 14, 2022 ACCREDITATION STANDARDS: CFA 15.06, 16.01, 16.03, 16.04, 18.01 PAGES: 12 CONTENTS: This order consists of the following numbered sections: I. GENERAL II. CRITERIA III. PROCEDURE IV. DIVERSION PROCEDURES V. CHARGING PROCEDURES VI. TRAFFIC OFFENSES VII. ORDERS TO TAKE INTO CUSTODY (PICKUP ORDERS) VIII. TRANSPORTATION AND INTERVIEWS IX. SCHOOL NOTIFICATION X. FINGERPRINTING AND PHOTOGRAPHING OF JUVENILES XI. GLOSSARY PURPOSE: To establish guidelines covering the taking into custody, detention, and interview of juvenile offenders. SCOPE: This order applies to all members. DISCUSSION: Juvenile delinquency is a very important issue because of its impact on the com- munity and the nature of the juvenile offender. As outlined in G.O. 1.4, Limits of Authority, law en- forcement agencies have much discretion and a number of alternatives when dealing with juvenile offenders. Deputies should explore the facts and circumstances of each offense and seek the most appropriate and effective alternative available to the juvenile and his or her family.  G.O. 44.4 PROCEDURE: I. GENERAL: Based upon the facts and circumstances of each incident, deputies have the follow- ing options when dealing with juvenile offenders: [CFA 16.01] A. Informal warning or counseling; B. Release the juvenile to parent/ legal guardian in lieu of arrest; C. Refer the juvenile/family to voluntary community services; D. Make a referral to the statewide hotline when the behavior may stem from abuse or neglect; E. Refer the incident report to the Youth Diversion Program; F. Refer the case to the State Attorney’s Office for review; G. Issue the juvenile a citation or notice to appear; [CFA 16.01] H. Take the juvenile into custody and transport to the Juvenile Assessment Center (JAC) for re- lease or detention by JAC members. II. CRITERIA TO BE CONSIDERED: [CFA 16.01] A. The age of the juvenile; 1. Juveniles 12 and under will be given special consideration. Deputies will seek the appro- priate commander’s approval prior to taking the juvenile into custody for transport to the JAC. 2. The shift commander will be notified of the taking into custody of those 13 to 16 years of age. B. The type and level of offense; C. The offender’s demeanor, and past record of offenses; D. The home/family circumstances of the juvenile; E. Availability of appropriate alternative interventions or services; F. The victim’s wishes (the victim’s wishes will NOT be the sole determining factor in the deci- sion); G. Other mitigating or aggravating circumstances. 2  G.O. 44.4 III. PROCEDURE: In every incident involving a juvenile offense, deputies will: [CFA 16.01] A. Make a reasonable effort to contact and involve the parent/legal guardian; B. Carefully evaluate whether abuse or neglect may be contributing to the delinquent behavior. Deputies are encouraged to contact the Department of Children and Families for record checks and guidance in such instances; C. Utilize Youth Diversion unless there are circumstances which preclude a youth’s participation. If Youth Diversion is not utilized, the member must document the reason for non-referral in the offense report and on the Probable Cause Affidavit or Notice to Appear per Florida Statute 985.126(3)(d). One of the following reasons must be documented: 1. Juvenile has suspected gang association; 2. Offense involved cruelty to animals; 3. Offense involved the use of weapons or firearms; 4. Parent/legal guardian declined/refused to participate; 5. Juvenile declined/refused to participate; 6. Juvenile refused to admit guilt; 7. Juvenile is not eligible based on local policy. The following are disqualifiers to Youth Diversion: a. Juvenile previously failed diversion; b. Juvenile previously offered diversion but declined participation; c. Juvenile not enrolled in an educational program or gainfully employed; d. Juvenile is current participant in a diversion program; e. Juvenile has previous delinquency history; f. Juvenile previously completed diversion for 3rd degree felony; g. Nature of offense does not qualify for diversion (e.g. 1st or 2nd degree felony; sex- ually-based offense); or h. Juvenile committed multiple felony offenses. 3  G.O. 44.4 8. Member has knowledge the juvenile was previously served by pre-arrest diversion. D. Complete juvenile record checks by utilizing the Department of Juvenile Justice Information System (JJIS), by contacting a Youth Services Specialist, contacting the Juvenile Assessment Cen- ter (JAC), ), or contacting the Real Time Information Center (RTIC). E. Seek the intervention which is in the best interest of the juvenile, and is the least coercive among available alternatives based on the facts and circumstances known at the time. F. Contact a Youth Services Specialist for advice if a youth and/or family are in need of commu- nity resources. IV. DIVERSION PROCEDURES: A. Youth Diversion Program: A juvenile who commits a misdemeanor or certain third-degree felonies shall be referred to the agency’s Youth Diversion Program. This program offers individu- alized sanctions as opposed to traditional criminal justice sanctions. 1. To be eligible, a juvenile must have committed a misdemeanor for the first, second, or third time; or a third degree felony, for the first time. The juvenile must also meet the following crite- ria: a. The juvenile must be under the age of 18 at the time of the offense; b. The juvenile must have intent to commit the offense and the mental capacity to un- derstand the offense; c. The juvenile must admit guilt for the offense committed; d. The juvenile must be enrolled in an educational program or be gainfully employed; and e. The juvenile and their parent/legal guardian must agree to actively participate in the program. 2. A juvenile is not eligible to participate in the Youth Diversion Program if any of the fol- lowing are present: a. The juvenile has committed an offense in which a weapon or firearm was used during the commission of the offense; b. The juvenile committed an offense involving the theft of a motor vehicle; c. The juvenile has a previous delinquency history; 4  G.O. 44.4 d. The juvenile has previously failed diversion or declined to participate in a diversion program; e. The juvenile has current warrants or wants; f. The juvenile is currently in a diversion program or on probation; g. The juvenile has committed a sexually-based offense; or h. The juvenile committed multiple felony offenses. 3. A deputy must complete an offense report and a diversion referral card to refer a juvenile to this program. (The deputy must conduct a complete investigation at the time of the incident in the event diversion is not appropriate or is rescinded later.) The referral card receipt must be at- tached to the offense report along with copies of all support documents and forwarded to the Youth Services Specialist. a. The child may be released to a parent or legal guardian. b. The deputy will make a reasonable effort to obtain the signature of the parent or legal guardian on the diversion referral card receipt. 4. The parent/ legal guardian is responsible for contacting the Youth Diversion Program with- in seven (7) business days. 5. After the interview, the Youth Services Specialist will make a referral to the most appropri- ate program and process the paperwork. 6. If the juvenile or his or her family is unwilling to participate, if the juvenile is found ineligi- ble or unsuitable for a diversion program, or if the juvenile is terminated from the diversion pro- gram for non-compliance with the program requirements, the Youth Services Specialist will for- ward the reason as to why the youth is no longer eligible or is unsuitable for the program to the originating deputy. The diversion program supervisor will send the case back to the originating deputy, in case management via the Records Management System (RMS). The originating depu- ty will be responsible for completing a Probable Cause Affidavit, attaching all support docu- ments, completing a supplement referring the case to the State Attorney’s Office, and logging the case with the State Attorney’s Office for review. The originating deputy will be required to set and attend a live invest for all felony offenses that have been returned to the deputy. If the re- ferred charge(s) is/are a misdemeanor exception or felony and an arrest or the functional equiva- lent (NTA) has not previously been made for the charge, law enforcement may make a physical arrest in lieu of referring charges. Florida Statute 985.12(2)(e). B. Offense Report Status: Offense reports from these incidents will show a status of “Pend- ing/Active.” 5  G.O. 44.4 V. CHARGING PROCEDURES: A. Non-Custodial: In the event a case is not eligible for diversion, deputies will either: 1. Issue a Notice to Appear as outlined in G.O. 1.4, or; [CFA 16.01] 2. Refer the case to the State Attorney’s Office for review. a. Deputies will complete an offense report and all related documents, ensuring a prosecut- able case and forward all paperwork to the State Attorney’s Office. b. The investigating deputy will be responsible for completing any additional paperwork required for the chosen course of action. B. Custodial with Release: A juvenile taken into custody for a criminal violation may be re- leased to a parent, legal guardian, or other responsible adult after processing by the JAC. 1. The juvenile will be taken to the Juvenile Assessment Center (JAC) without delay for screen- ing, booking, photographing and fingerprinting before release. 2. The juvenile must be medically cleared prior to admission to the JAC if: a. The juvenile is suffering from a serious physical condition that requires immediate medi- cal attention; b. The juvenile is exhibiting behavior that indicates the need for immediate evaluation or treatment for mental illness; or c. The juvenile is intoxicated as per criteria specified in the Probation Medical and Mental Health Clearance form (HS051). 3. If the juvenile is taken to a hospital for medical screening, a parent or legal guardian “permis- sion to treat” is required. 4. JAC staff will be responsible for making all parent/legal guardian notifications regarding re- lease. 5. Deputies and/or JAC staff will make a reasonable effort to locate a parent or legal guardian before releasing the juvenile to any other person. a. A reasonable effort will be made to ensure the suitability of any other person taking custo- dy of the juvenile by obtaining positive identification, and conducting driver’s license, warrant, and criminal history checks. The juvenile will NOT be released to an adult other than their parent/legal guardian if the adult: 6  G.O. 44.4 1) Has a prior felony arrest. 2) Has been arrested for child abuse or prostitution. 3) Is under the influence of alcohol or narcotics. 4) Is on felony probation. b. The deputy must include the name of the adult and the location where the juvenile is taken in the offense report. c. If a suitable adult cannot be located, the Department of Juvenile Justice (DJJ) or a Department of Children and Families (DCF) Child Protective Investigator will be contacted. 6. Deputies must complete the offense report, complaint affidavit, and any other necessary pa- perwork. C. Custodial with Detention: A juvenile taken into custody for a criminal violation may be sent to the Juvenile Detention Center (JDC) after processing. 1. The juvenile will be taken to the Juvenile Assessment Center (JAC) for screening, booking, photographing and fingerprinting. 2. The juvenile must be medically cleared prior to admission to the JAC if: a. The juvenile is suffering from a serious physical condition that requires immediate medi- cal attention; b. The juvenile is exhibiting behavior that indicates the need for immediate evaluation or treatment for mental illness; or c. The juvenile is intoxicated as per criteria specified in the Probation Medical and Mental Health Clearance form (HS051). 3. If the juvenile is taken to a hospital for medical screening, a parent or legal guardian “permis- sion to treat” is required. 4. JAC staff will be responsible for making all parent/ legal guardian notifications and coordi- nating the detention screening and transport process with DJJ or DCF. 5. Deputies must complete the offense report, complaint affidavit, and any other necessary paperwork. D. Custodial Youth Already Detained at Juvenile Detention Center (JDC): For a juvenile al- ready being held in custody at the JDC that receives additional criminal charges: 7  G.O. 44.4 1. The juvenile will remain in the custody of the JDC and will not be transported to the JAC. 2. Deputies must complete the offense report, complaint affidavit, and any other necessary paperwork regarding the additional criminal charges and deliver the paperwork to the JAC for processing. 3.The JAC staff will be responsible for making all parent/ legal guardian notifications and coordinating detention screening. VI. TRAFFIC OFFENSES: [CFA 18.01] A. Non-Criminal Infractions: A juvenile charged with a non-criminal traffic infraction will be issued the appropriate traffic citation(s). [CFA 16.01] B. Misdemeanor Traffic Offense: A juvenile charged with a misdemeanor traffic offense may be issued the traffic citation(s) and released; or taken into custody, processed, and released to a parent, legal guardian, or responsible adult in accordance with F.S. 316.655 (5)(e). [CFA 16.01] C. Felony Traffic Offense: A juvenile charged with a felony traffic offense will be taken into custody, processed, and released to a parent, legal guardian or responsible adult, or screened for de- tention at JDC. VII. ORDERS TO TAKE INTO CUSTODY (PICK-UP ORDERS): A. A juvenile may be taken into custody under a delinquency “Order To Take Into Custody,” or an “Authorization To Take Into Custody” for any criminal charge, anytime up to his or her 19th birth- day. B. An “Order to Take Into Custody” which specifies criminal charges will be entered into the FCIC/ NCIC and in-house computers by the Criminal Process Section. A copy of the order will be sent to the Department of Juvenile Justice (DJJ) for service by Youth Custody Officers. C. Execution of Order: When DJJ Youth Custody Officers are not available or deputies encoun- ter a juvenile with an active “Order To Take Into Custody,” the following procedures will be fol- lowed unless otherwise indicated in the order: 1. The juvenile will be taken into custody and a Probable Cause Affidavit will be completed, to include all the standard information contained in a PSO Offense Incident Report (court case number, correct charge, etc.). The original pick-up order and Probable Cause Affidavit will stay with the Juvenile Assessment Center. A copy of the pick-up order will be attached to the Rec- ords copy of the PSO Complaint Affidavit and sent to Records. A PSO Offense Incident Report will also be completed. 8  G.O. 44.4 2. The Criminal Process Section will be notified to remove the entry from the computer if served during regular business hours. (Monday through Friday 8:00 a.m. to 5:00 p.m.) After regular hours, Teletype will be contacted to remove the entry. The Teletype operator’s number must be included in the PSO Complaint Affidavit. The Teletype supervisor will forward a list of cancellations, including execution information, to the Criminal Process Section at the end of each shift. 3. The Criminal Process Section will enter the action taken into the in-house computer, advise the Department of Juvenile Justice of the disposition of the order, and return the original order (served or cancelled) to the Clerk of the Court. VIII. TRANSPORTATION AND INTERVIEWS / INTERROGATIONS: A. Transportation: Juveniles will be transported in the same manner as adults, but never with an adult. Juveniles will be transported to the JAC immediately, unless they need medical attention. [CFA 16.03] B. Interviews/Interrogation: Juveniles have the same constitutional rights as adults as outlined in General Order 74.3. However, due to their age and lack of life experience, deputies must be sure juveniles understand their circumstances and options. Deputies should consider the age, and maturity of the juvenile in deciding whether or not to notify a parent or legal guardian prior to con- ducting an interview. [CFA 15.06, 16.03] 1. If a juvenile is in custody, or is to be questioned as a suspect or possible suspect, the dep- uty will make every reasonable effort to notify the juvenile’s parent or legal guardian before the interrogation. If the parent or legal guardian cannot be contacted and the questioning takes place, the deputy must document his or her efforts to attempt contact. The parent or legal guardian may be allowed to be present during questioning and the juvenile may confer with them. Deputies will not engage in any activity intended to keep a juvenile from a parent or le- gal guardian. [CFA 16.03 16.04] 2. If the juvenile is interviewed as a victim or witness, the deputy is not required to contact the parent. However, if there is no law enforcement reason to prevent their presence (e.g., sus- pected child abuse by the parent(s)), they can be contacted and be present during the interview if the juvenile requests it. 3. The interview or interrogation will adhere to the following guidelines, unless otherwise approved by the appropriate commander: a. No session will exceed two hours. [CFA 16.04] b. There will be at least fifteen minutes between sessions. [CFA 16.04] c. Interviews/interrogations will not exceed a total of six hours. [CFA 16.04] 9  G.O. 44.4 d. There will be no more than two investigators present, except with the approval of the ap- propriate platoon or section commander. [CFA 16.04] 4. The deputy will inform the suspect and his or her parents, or legal guardian, of agency procedures and the juvenile justice system as it applies to their particular case. 5. Interviews and interrogations of juveniles at school should be kept to a minimum. If an interview at school is necessary, the deputy will: a. Coordinate all on-campus activity with the School Resource Officer (SRO). b. Coordinate all on-campus activity with the principal or assistant principal if the school does not have an SRO, or the SRO is not available. c. Request a school staff member to be present during any questioning if a parent is not pre- sent. d. Notify the school administration and the parent or legal guardian if the juvenile is to be removed from the school. e. Be sensitive to school procedures and the responsibility and knowledge of school staff. IX. SCHOOL NOTIFICATION: The Superintendent of Schools, or a designee, will be notified whenever a student is arrested for any felony or violent misdemeanor. (F.S. 985.04) A. The deputy who takes a juvenile into custody must indicate the subject’s student status and the name of the school on all reports and complaint affidavits. B. JAC personnel will include the student status and the name of the school in all juvenile book- ing entries. A copy of the juvenile booking log will be sent to the School Safety Section daily. C. The designated juvenile crimes analyst assigned to the Youth Services Section will provide a daily report to the Superintendent or designee with a list of all students arrested for felony or violent misdemeanor crimes. The list will include the juvenile’s name, date of birth, school at- tended, case number, and the criminal charge for which the juvenile was taken into custody. X. FINGERPRINTING AND PHOTOGRAPHING OF JUVENILES: [CFA 16.03] A. Juveniles taken into custody upon probable cause of a law violation will be photographed and fingerprinted. 1. The fingerprint and photograph records must be filed separately from other records and marked “Juvenile Confidential.” 10  G.O. 44.4 2. In compliance with F.S. 985.11, fingerprints of any juvenile charged with or found to have committed a felony or a specified misdemeanor will be submitted to the Florida Department of Law Enforcement. B. A juvenile’s fingerprints and photographs may not be used or released except as provided in F.S. 985.212. XI. GLOSSARY: AUTHORIZATION TO TAKE INTO CUSTODY - An order, issued and signed by an authorized DJJ agent, to take into custody a child who has violated his or her furlough agreement in a material respect, has escaped from DJJ, or there is reasonable cause to believe, has committed an act for which he or she could be adjudicated a delinquent. COMMANDER - Undersheriff, Bureau Commander, or Division/District Commander, whichever is in the member’s direct chain of command. DELINQUENCY ORDER TO TAKE INTO CUSTODY - An order, issued and signed by a circuit court judge, to take custody of a child who has committed a delinquent act. Unlike a dependency order, a delinquency order authorizes a deputy to take the juvenile into custody anytime until their 19th birthday. DIVERSION - The process of foregoing criminal charges or referring a juvenile offender to the agency’s Youth Diversion Program in lieu of pursuing formal criminal charges. DJJ - The Department of Juvenile Justice, a state agency empowered to oversee matters concerning delinquent juveniles. JAC - The Juvenile Assessment Center, a unit of the Sheriff’s Court Services Bureau where juveniles taken into custody are processed and screened for services. JDC - The Pasco Juvenile Detention Center, a state facility for the detention of juveniles in Pasco County. JUVENILE - A person who has not reached his or her 18th birthday. SAO - State Attorney’s Office. TAKING INTO CUSTODY - Taking temporary physical control over a juvenile, who is alleged to have committed a violation of law pending the child’s release, detention, placement, or other disposi- tion as authorized by law. YOUTH DIVERSION PROGRAM - A program of the Pasco Sheriff’s Office whereby juvenile of- fenders and juvenile offenses are evaluated for referral to the most appropriate and effective alterna- tive, whether a specific diversion program or the criminal intake process. 11  G.O. 44.4 INDEXING: CIVIL CITATION PROGRAM DEPARTMENT OF JUVENILE JUSTICE DIVERSION PROGRAMS JUVENILE ASSESSMENT CENTER JUVENILE DETENTION CENTER JUVENILE OFFENDER PROCEDURES DRAFTED: MJ/NS / February 25, 2021 / Filed: 44.4 Juvenile Offender Procedures APPROVED: CHRIS NOCCO, SHERIFF PASCO COUNTY, FLORIDA 12