Fla. Admin. Code Ann. R. 63D-13.003 - Diversion

(1) Diversion services are non-judicial alternatives used to keep youth who have committed a delinquent act from being processed through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, and prevent subsequent offenses during and after participation in the programs. Referrals are determined based upon the youth's current offense, delinquency history, and CAT results.

(2) Typical interventions of diversion programs include community service hours, restitution, random urinalysis, curfew, anger management, educational training, vocational services, and counseling services. Diversion programs may also include mentoring, providing instruction or imparting guidance outside the formal treatment intervention.

(3) Available diversion services are provided in the following forms, though not all are available in every locality:

(a) Prearrest delinquency citation programs provide law enforcement with an alternative to taking youth into custody, while ensuring swift and appropriate consequences for youth who commit non-serious offenses. A record check of the JJIS is completed to determine program eligibility. Upon receipt of the citation, the department or provider shall enter the required information into the Prevention Web.

(b) Department provided diversion programs involve sanctions and services monitored by a JPO. Participation may be authorized by the state attorney's office or by the court order.

(c) Contracted diversion programs are structured diversion services provided to youth through a contract with a provider.

(d) Other community-based diversion programs are provided by community stakeholders or the court system and come in such forms as community arbitration, teen court, drug court diversion, and neighborhood accountability boards.

(4) Youth who accept a diversion option, but who do not complete the program shall be referred to the state attorney to determine if the youth will be recommended for formal processing or allowed to continue in the program.

Notes

Fla. Admin. Code Ann. R. 63D-13.003

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.601, 985.145 FS.

Adopted by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/4/2020, Amended by Florida Register Volume 50, Number 239, December 10, 2024 effective 12/22/2024.

New 5-4-20.