Oviedo Police Department GO 4-4.1 Juvenile Procedures PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 03-12-2022 SUBJECT: Juvenile Procedures AMENDS: GO 4-4.0 I. II. III. IV. V. VI. VII. VIII. IX. PURPOSE POLICY ALTERNATIVES TO ARREST (DIVERSIONS) TOBACCO CITATIONS CIVIL CITATIONS SEXTING CITATIONS ARREST PROCEDURES POST-ARREST PROCEDURES NON-CR...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 03-12-2022 SUBJECT: Juvenile Procedures AMENDS: GO 4-4.0 I. II. III. IV. V. VI. VII. VIII. IX. PURPOSE POLICY ALTERNATIVES TO ARREST (DIVERSIONS) TOBACCO CITATIONS CIVIL CITATIONS SEXTING CITATIONS ARREST PROCEDURES POST-ARREST PROCEDURES NON-CRIMINAL CUSTODY SITUATIONS I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-4.1 REFERENCE: CFA Chapters 2 & 16; FSS 386.212; FSS 569.11; FSS 847.0141; FSS 97.675; and FSS 985.031 RESCINDS: None The purpose of this order is to establish guidelines for the enforcement of laws related to juveniles, to ensure that all department members are aware of special requirements related to juveniles, and to ensure that department members are aware of and actively utilize programs for the prevention and reduction of juvenile delinquency. II. POLICY It is the policy of the Oviedo Police Department to deal fairly with juveniles involved in criminal situations and to divert them when possible, from the criminal justice system. Department members are to use the most reasonable alternatives when dealing with juveniles, and while exercising good judgement consistent with the preservation of public safety, order, and individual liberty. Department members shall follow the provisions in this order and Florida State Statutes when dealing with juveniles. Oviedo Police Department GO 4-4.1 Juvenile Procedures III. Page 2 of 11 ALTERNATIVES TO ARREST (DIVERSIONS) A. Officers are encouraged to consider 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. B. Alternatives to physical arrest are generally available only when a juvenile has committed offenses such as traffic violations or nonviolent misdemeanor offenses and the only victim is the State of Florida. C. 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: D. 1. Release at the scene with no further action taken by the officer; or 2. Complete a Field Contact Report and release the juvenile to a parent or legal guardian; or 3. Traffic Contacts/Citations – Officers stopping a vehicle for a traffic violation, when it is being driven by a juvenile, shall notify the juvenile’s parent or legal guardian of the reason for the traffic stop and indicate whether or not a citation was issued for the violation. The officer will advise SCSO Communications of how the parent or legal guardian was contacted, either by phone or postcard. 4. Notice to Appear – A Notice to Appear will not be issued if there is no parent or guardian present to sign the notice on behalf of the juvenile, or none that can be reached and able to have a reasonable response time to the scene. The decision by an officer to physically arrest, release, or utilize some other method of diversion shall be based upon the following considerations: 1. 2. 3. 4. 5. 6. 7. 8. The nature of the offense; The age and circumstances of the offender; The criminal record or history of the juvenile; The juvenile’s physical and mental condition; The position and attitude of the parents; The point of view or request of the victim(s) or complainant(s); The attitude of the juvenile; and The availability of community-based rehabilitation programs, such as the PAY program. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures IV. TOBACCO CITATIONS A. B. V. Page 3 of 11 Tobacco citations may be issued by an officer for: 1. Violation of FSS 386.212, prohibiting juveniles from smoking tobacco or vaping in, on, or within 1,000 feet of a school property. 2. Violation of FSS 569.11, making it unlawful for any person under twenty-one (21) years of age to knowingly possess any tobacco product. 3. Violation of FSS 569.11, making it unlawful for any person under twenty-one (21) years of age to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any tobacco product, or to purchase, or attempt to purchase, any tobacco product from a person or a vending machine. Tobacco citations are to be distributed as follows: 1. White original and white copy are to be turned in to Records for entry and scanning into Café. 2. The pink copy shall be issued to the juvenile. 3. The Records Coordinator shall mail the white original to the Seminole County Clerk’s Office. The white copy will be retained in Records. CIVIL CITATIONS A. Juvenile Civil Citation Process: 1. The juvenile civil citation process is a program to help juvenile misdemeanor offenders avoid having a criminal record for the rest of their lives. This procedure may apply to all juveniles taken into custody for misdemeanor criminal offenses except those listed in section B and transported to the JAC. Even when the juvenile qualifies for the Civil Citation Program, the arresting officer has the final say whether the juvenile will be allowed to participate. 2. When the arresting officer recommends the juvenile participate, the officer shall complete all forms necessary for the program. The arresting officer shall complete the PC Affidavit at the JAC. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures B. VI. Page 4 of 11 3. A copy of the Affidavit and supporting documents will be returned to Records and the officer shall complete the arrest report in Café. The last line in the officer’s narrative shall advise whether the juvenile has qualified as has been accepted into the Civil Citation Program. The report shall then be “Cleared by Exception.” 4. A copy of the PC Affidavit, the signed Café report, and supporting documents shall be delivered to Records to be processed and held by Records. No Civil Citation reports are sent to the Juvenile SAO. The citations are held until the juvenile either completes or does not complete the program. The report shall then be processed accordingly. Disqualifiers from Civil Citation Process: 1. Any misdemeanor that involves the use or possession of a firearm; 2. Traffic offenses; 3. Any misdemeanor that involves the exposure of sexual organs or other sexual related behavior, i.e. prostitution, lewd and lascivious behavior, etc.; 4. Any misdemeanor that is directly related to, or a part of, gang activity; 5. Any misdemeanor that involves arson; 6. Any misdemeanor that involves animal cruelty; and 7. Felonies. SEXTING CITATIONS A. When an act of sexting as outlined in FSS 847.0141 has been reported, the officer assigned shall initiate a Café report to document all the facts of the sexting case. The first offense is to be documented as non-criminal utilizing the proper code in Café Non-UCR Sexting Citation, while any subsequent violations by the offender will be offense reports utilizing the appropriate statute and FIBRS/NIBRS code. When completing the documentation, the officer is to include the offender’s basic information and parent/guardian information, and the officer is to describe the device utilized to transmit or possess the image/video(s) which shall include any applicable identification numbers. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures Page 5 of 11 B. The first offense of sexting is a non-criminal act. If the officer finds that the juvenile offender in question has been previously given a sexting citation, the second offense is considered a misdemeanor of the first degree and the juvenile offender is no longer eligible for a civil citation. A violation that occurs after being found to have committed a misdemeanor of the first degree for sexting is a felony of the third degree. A Café search after January 1, 2019 and/or a call to the State Attorney’s Office may be made to ensure the juvenile offender has not been found to have committed a noncriminal violation for sexting previously. C. Unless the juvenile offender is under investigation for a criminal act of sexting, the officer will request consent to view the image or video and determine if it meets the criteria for sexting and does not rise to the level of child pornography. The image or video is to be described within the narrative of the Café report. D. The officer is to verify whether the image or video is or is not child pornography by determining if it depicts a child engaged in sexual conduct. If child pornography is suspected, the officer shall contact their on-duty supervisor who will determine if a detective should be called out and if the device should be seized for evidence. If the officer determines it to be a civil infraction, then once the image or video is viewed, the officer will request the parent/guardian’s permission to sterilize the device. Sterilization is a factory reset that will delete ALL content. The officer is to complete a sterilization form with all applicable information and include it in the report. Every effort should be made to remove the image/video off of the device. Officers may contact Criminal Investigations or the SCSO Digital Forensics Unit for assistance. If the image cannot be removed from the device, or the officer is unable to obtain a signature or consent from a parent/guardian, the device shall be seized and placed into Property and Evidence for safekeeping until the device can be sterilized and returned to the owner. E. If the investigation is for a first offense civil infraction or a misdemeanor, seizure of the device is not applicable. If the investigation reveals a probable cause for a criminal offense, the officer is to seize the device as evidence, obtain a consent to search from the juvenile’s parent/guardian, or pursue a search warrant. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures F. VII. Page 6 of 11 When applicable, the officer will complete a Sexting Civil Citation to be issued to the juvenile offender. A parent or guardian must be contacted and the results noted on the citation. The juvenile’s thumbprint is to be collected on the citation. The hearing date calendar can be located on the Department of Youth Services homepage or obtained from SCSO Communications. The yellow copy of the citation is to be provided to the parent/guardian. The original is to be scanned into the Café report and emailed to [email protected] by the Records Coordinator or designee. A case package DOES NOT need to be sent to the SAO. Both the juvenile offender and the parent/guardian should be made aware that if the juvenile completes the Sexting and Cyber Safety Education Program through the PAY Program and provide a copy of the certificate to the Clerk of the Court, they will not be required to attend the scheduled hearing date. If the class is not completed prior to the scheduled hearing date, the juvenile will be subject to completing the class, a monetary fine, and completion of community service hours. ARREST PROCEDURES A. Juveniles may be taken into custody for a violation of law, delinquent act, or pursuant to a court order. However, FSS 985.031 states a child younger than seven (7) years of age may not be arrested, charged, or adjudicated delinquent for a delinquent act or violation of law based on an act occurring before he or she reaches seven (7) years of age, unless the violation of law is a forcible felony as defined in FSS 776.08. B. Any arrest of a juvenile under thirteen (13) years of age will require the approval of the officer’s immediate supervisor before transportation of the juvenile to the JAC. If the officer’s supervisor is not available, approval from the officer’s lieutenant shall be obtained. C. An officer’s discretionary decisions are limited if a juvenile meets certain criteria. A juvenile should be arrested if they committed: 1. 2. 3. 4. 5. 6. 7. An act that, if committed by an adult, would be a felony; An act involving weapons; Serious gang-related acts; Acts involving aggravated assault or battery; Delinquent acts while on probation or conditional release or who has a case pending; Repeated delinquent acts (within the preceding 12 months); and/or If the juvenile was assigned to a diversion program and refused to participate, or conform to the rules or sanctions established as part of the program. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures D. Page 7 of 11 Juveniles taken into custody are to be transported without undue delay to the Juvenile Assessment Center for the purpose of having fingerprints and photographs taken and then screened by JAC personnel unless: 1. A medical emergency requires transportation from the scene of arrest to a hospital for medical clearance. 2. A detective asks that the juvenile be first taken to the police department for interviewing. E. An active effort to notify the parent/guardian of a juvenile who is in police custody must be made, and must continue until notification occurs, or custody is transferred to JAC personnel. Notification attempts and results shall be documented in the related police report along with unsuccessful notification attempts which should be detailed, including what contact information was used in the effort to make notification. F. Detained juveniles are not to be confined with adults, and must be kept out of sight and sound of adults who are in police custody. G. Officers shall ensure the constitutional rights of juveniles are protected. Miranda Warnings will be given to any arrested juvenile before any questioning that could be self-incriminating. Juveniles have all the basic rights of adults. Juveniles shall also be advised that they have the right to have a parent present during questioning just as they may have an attorney present. 1. Interviews should be conducted in a controlled environment that is free from distraction, noise, and interruptions. 2. No more than two (2) officers shall be engaged in the interview at one time. 3. Interviews shall not be conducted for an unreasonable length of time and regular breaks shall be provided for the purposes of refreshment and/or relief. The duration of the questioning shall be governed by the time of day and the nature and severity of the crime under investigation; however, no formal interview or interrogation of a juvenile will continue for longer than two (2) hours without a break. 4. Parents/guardians shall be made aware of the procedures of the custodial interview process. 5. All juvenile formal interviews and interrogations shall be entered in the juvenile log book. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures VIII. Page 8 of 11 H. Upon completion of the interview the juvenile will be transported to the JAC. I. Pursuant to a court detention order, officers shall take custody of juveniles and deliver the juvenile to a specific location as directed by the order. POST-ARREST PROCEDURES A. An arresting officer’s responsibility for the successful prosecution of cases or the diversion of a juvenile offender from the criminal justice system includes: 1. Proper, correct, and complete submission of all applicable paperwork; 2. Recommendation of the officer as to referral of a juvenile offender to the PAY/Civil Citation Program or other available diversion program; 3. Documentation of all victim, witness, and suspect information; and 4. The report is properly marked “Juvenile.” B. Supervisors receiving arrest reports shall ensure that all the above criteria have been satisfied before forwarding to the State Attorney’s Office, the Records Section, the Clerk of the Court, and/or the JAC. C. Officers shall follow-up juvenile arrests and assist the State Attorney’s Office with any further case coordination or preparation assistance as may be required. D. When requested, officers shall participate in hearings that are conducted by the Prosecution Alternatives for Youth (PAY) Program, and will assist counselors in post-arrest handling of a case as may be requested. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures IX. Page 9 of 11 NON-CRIMINAL CUSTODY SITUATIONS Officers may detain a juvenile in protective custody who is truant; homeless; runaway; the victim of assault, battery, or child abuse; and/or when an adult who is with the juvenile is arrested. A. B. Truancy: If an officer has reasonable grounds to believe that a juvenile is absent from school without permission, the officer may take the juvenile into custody with or without the use of restraints. 1. The officer shall determine the juvenile’s age, address, parent/guardian’s name and telephone number, and the name of the school in which they attend. The officer shall verify the juvenile’s school status. 2. If the juvenile is sixteen (16) years of age or older and legally processed out of the school system, they must be released at the scene. A CJIS report shall be completed. 3. A telephone call shall be placed to the juvenile’s school to determine if the juvenile is registered in school and if the parent/guardian has notified the school that they have permission to be absent. 4. If the parent/guardian has notified the school that the juvenile has permission to be absent, no further action is necessary. 5. If the juvenile is registered at the school and no notification by the parent/guardian has been made that they will be absent that day, the juvenile should be transported to the STAY Center. Unless circumstances exist that require additional documentation, the officer may release the juvenile after completing a CJIS report. 6. The officer shall attempt to contact the parent/guardian and shall notify the STAY Center of the contact’s result. Runaways: If a juvenile has run away, he or she may be taken into custody and delivered to their parent/guardian or the Juvenile Assessment Center. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures C. Page 10 of 11 Health Hazard: 1. If a juvenile needs medical assistance, the officer shall request rescue to respond to the scene. 2. If a juvenile is believed to be mentally ill and fits the criteria for Baker Act consideration, the officer may take the juvenile into protective custody and deliver them to the designated mental health facility. 3. If a juvenile is admitted to a hospital or licensed detoxification or treatment facility as a result of substance abuse, the officer shall complete a Café CIT report and Department of Children and Families Form 4002 (Attachment). A brief synopsis is to be completed explaining how the juvenile met the criteria in accordance with FSS 397.675. 4. The officer shall document any of the above actions appropriately. 5. Ungovernable: Officers are NOT authorized to take juveniles into custody based on complaints they are beyond a parent’s control. Officers are authorized to counsel juveniles and parents and/or refer them to counseling services. 6. Child Abuse: If officers have reasonable grounds to believe that juveniles have been abandoned, abused, or neglected; is suffering from illness or injury; or is in immediate danger from surroundings and that removal is necessary to protect them, officers shall call the Abuse Hotline and report the incident. The officers may take the juvenile into custody and release the juvenile to DCF/CPS personnel. The officer shall document such actions in an incident report for investigation as may be necessary in order to determine the applicability of criminal charges. GO 4-4.1 Juvenile Procedures Oviedo Police Department GO 4-4.1 Juvenile Procedures 7. Page 11 of 11 Adult Companion Arrested: Situations may arise when an adult is arrested while accompanied by a juvenile. If this occurs and the issuance of an NTA is not possible, the arresting officer shall: a. Attempt to locate a parent/guardian who can come to the scene to take custody of the juvenile; b. Request Communications to notify a CPS Investigator to respond to the scene to take custody of the juvenile; c. Have another officer take the juvenile home if an adult is there who can take custody; d. Release the juvenile to another adult at the direction of a parent or guardian; or e. If the juvenile is sixteen (16) years of age or older, they may be released at the scene at the direction of a parent/guardian, but only if the juvenile’s safety is not compromised. At the direction of a parent/guardian, a juvenile may be taken home and left there by another officer. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 03-12-2022 __________________ DATE GO 4-4.1 Juvenile Procedures