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Serving Flagler, Putnam, St. Johns, and Volusia Counties

FM-2010-043-SC

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: NOTICES TO APPEAR ISSUED BY ARRESTING OFFICERS IN JUVENILE CASES

Ref: FM-2010-043-SC (Rescinds FM-2008-043-SC (A))

WHEREAS, the prompt and efficient administration of justice in the Seventh Judicial Circuit requires the establishment of procedures governing the issuance of Notices to Appear by law enforcement officers for initial hearings in juvenile delinquency cases after arrest, and

WHEREAS, Rule 8.045(b), Florida Rules of Juvenile Procedure, authorizes law enforcement officers to issue Notices to Appear for initial hearings in juvenile delinquency cases after arrest provided certain criteria are met, and

WHEREAS, the use of Notices to Appear will assist the Court in conducting said initial hearings in a timely fashion and will afford the State Attorney an opportunity to screen cases for possible dismissal, or diversion, or filing of a petition, and/or allow early assessment of the youth for substance abuse and/or mental health treatment needs;

NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that the following procedures be utilized by law enforcement officers when considering the release of a youth on a Notice to Appear upon arrest:

  1. The arresting law enforcement officer having custody of the youth is to either:
    a. Call the Juvenile Screening Center or Call Center (at a designated phone # to be provided by DJJ) and advise the screening official of the delinquency offense(s) for which the youth has been arrested, and/or any court orders, warrants, capias, or teletypes pursuant to which the youth has been arrested, and request the screening official to conduct a pre-screen on the youth to determine eligibility for release; or
    b. Send by e-mail or fax to the Juvenile Screening Center or Call Center (to a designated e-mail address or fax # provided by DJJ) copies of the arrest report of the delinquency offense(s) for which the youth has been arrested, and/or copies of any court orders, warrants, capias, or teletypes pursuant to which the youth has been arrested, along with a written request that the screening official conduct a pre-screen on the youth to determine eligibility for release.
  2. Upon screening the youth, the DJJ screening official is to inform the law enforcement officer (by phone, fax, or e-mail) of the screening decision (release, release w/ home detention, or secure detention).
  3. If the screening official determines that the youth qualifies for release, or release w/ home detention, said screening official is to provide the law enforcement officer with the date, time and location for the youth’s initial court hearing.
  4. The law enforcement officer is to use this information to prepare a Notice to Appear (by inserting the date, time and location of the initial hearing in the designated section of the form) and have a parent (or responsible adult) and the youth sign the agreement to appear in the designated section.  The law enforcement officer is then to release the youth directly to a parent (or responsible adult) and provide the youth and parent (or responsible adult) with copies of the completed Notice to Appear.  Said Notice to Appear must be in a format substantially similar to that set forth in Form 8.930, Florida Rules of Juvenile Procedure.  In addition, if the youth is to be released w/ home detention, the law enforcement officer is to inform the youth of the required Home Detention status pending the initial hearing.
  5. If the screening official determines that the youth does not qualify for release and is to be securely detained, the law enforcement officer is to deliver the youth to the designated Juvenile Detention Center.  Youth must be medically cleared (if necessary) before being transported to the Detention Center.
  6. Immediately following the release of a youth on a Notice to Appear, the law enforcement officer is to send by e-mail or fax to the Clerk of Court  (to a designated e-mail address or fax # provided by the Clerk of Court) the arrest report and completed Notice to Appear.

IT IS FURTHER ORDERED that administrative order FM-2008-043-SC (A) is hereby rescinded.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 26th day of March 2010.

/s/ J. David Walsh
J. David Walsh
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties