SPONSOR: |
Rep. Heffernan & Rep. J. Johnson & Rep. K.
Williams & Sen. McDowell |
|
Reps.
Baumbach, Bentz, Kowalko, Potter, M. Smith; Sen. Lopez, Townsend |
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 405 |
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A JUVENILE OFFENDER CIVIL CITATION PROGRAM. |
Section 1. Amend
Subchapter III, Chapter 9, Title 10 of the Delaware Code by making the
insertions as shown by underline as follows.
§ 1004A
Juvenile offender civil citation
program.
(a)
There is hereby established a juvenile offender civil citation option to provide a civil alternative to
arrest and criminal prosecution for eligible youth who have committed minor
misdemeanor acts of delinquency. The civil citation program shall be
coordinated by a statewide Civil Citation Coordinator within the Division of
Youth Rehabilitative Services and shall include assessment and intervention
services that a juvenile voluntarily agrees to complete in lieu of formal
arrest and prosecution.
(b)(1) Referral to the civil citation
program shall be initiated by a peace officer through the issuance of a civil
citation. Any peace officer having
reasonable grounds to believe that a juvenile has committed or attempted to
commit an act of delinquency specified in paragraph (2) of this subsection may
issue the juvenile a civil citation. The
issuance of a civil citation shall be at the discretion of the peace officer
and limited to first-time offenders.
Participation in the civil citation program is voluntary on the part of
the juvenile offender and requires parental consent. Referral to the civil citation program shall
be made with the consent of the victim if one exists.
(2) The
offenses eligible for disposition pursuant to a civil citation shall be:
a. underage
possession or consumption of alcohol in violation of 4 Del. C. §904;
b. criminal
trespass in the third degree in violation of §11 Del. C. §821;
c. shoplifting
in violation of 11 Del. C. §840;
d. disorderly
conduct in violation of 11 Del. C.
1301;
e. loitering in
violation of 11 Del. C. §1321;
f. possession
of marijuana in violation of 16 Del. C.
§4764.
(c) A civil citation shall be initiated by
entering all required information into the Law Enforcement Investigative
Support System (LEISS) to include a description of the misdemeanor offense
believed to have been committed; contact information for the designated Civil
Citation community providers;
notification that the juvenile must contact the identified Civil Citation
community provider within 7 business days to schedule their intake and initial
assessment; and a warning that failure to contact the identified Civil Citation
community program may result in the juvenile’s arrest and the commencement of
delinquency proceedings as otherwise provided in this subchapter.
(d) At the time of issuance of a civil
citation by the peace officer, the peace officer shall advise the juvenile that
the juvenile has the option to refuse the civil citation and instead be taken
into custody and subject to arrest and prosecution as otherwise provided in
this subchapter. Upon issuance of a
civil citation, the peace officer shall submit the civil citation through LEISS
to the Civil Citation Coordinator.
(e) A juvenile issued a civil citation
shall contact the identified Civil Citation
provider within 7 days or as otherwise directed in the civil citation
and thereafter report to the identified provider to which the juvenile is
referred.
(f) Providers shall assess referred
juveniles using an approved risk assessment tool and may recommend the juvenile
to participate in counseling, treatment, community service or other interventions
appropriate to the needs of the juvenile as identified by the assessment.
(g) Upon completion of all terms and
conditions of the civil citation program, the juvenile shall be discharged
successfully without arrest.
(h) If the juvenile fails to comply with
any requirements of the civil citation program, including any assessments or
required services, or otherwise violates any terms or conditions imposed by the
identified provider, the juvenile shall be unsuccessfully discharged from the
civil citation program. The Civil
Citation Coordinator shall advise the referring peace officer of a juvenile’s
unsuccessful termination from the program.
A peace officer, upon receiving notice that a juvenile to whom they have
issued a civil citation has been unsuccessfully discharged from the civil
citation program, shall be authorized to arrest the juvenile and proceed as
otherwise provided in this subchapter.
Section 2. The Civil Citation Coordinator
and the Quality Assurance Unit of the Division of Youth and Rehabilitative
Services will collect and analyze the civil citation program data, and make
annual recommendations to the Criminal Justice Council/Juvenile Justice
Advisory Group and the General Assembly regarding the expansion and funding of
the civil citation program.
Section 3. This Act expires 2 years after its enactment into law unless otherwise provided by a subsequent act of the General Assembly.
SYNOPSIS
Recognizing
that a criminal charge can dramatically alter a juvenile's future chances of
employment and education, this bill seeks to prevent first-time juvenile
offenders charged with certain minor misdemeanors from entering into the
system by providing law enforcement with a civil citation procedure as an
alternative to arrest. Section
1 of this Act codifies the Juvenile Offender Civil Citation Program
administered by the Division of Youth Rehabilitative Services within the
Department of Services for Children, Youth and Their Families. Section
2 of this Act mandates that the Civil Citation Coordinator and the Quality
Assurance Unit of the Division of Youth and Rehabilitative Services will
collect and analyze program data, and make annual recommendations to the
Criminal Justice Council/Juvenile Justice Advisory Group and the General
Assembly. Section 3 of this Act states that it shall expire 2 years after its enactment into law unless otherwise provided by a subsequent act of the General Assembly. |