COLLIER COUNTY SHERIFF'S OFFICE

OPERATIONS MANUAL
CHAPTER O-5, SECTION 2
SECTION TITLE: CCSO JUVENILE PROCEDURES
ORIGINAL ISSUE: 5/01/94
REVISED: 6/95;12/95;8/97;7/98;7/99;3/03;11/03;8/05; 1/10; 1/12
APPLICABILITY: CERTIFIED LAW ENFORCEMENT DEPUTIES
CERTIFIED JAIL DEPUTIES

PURPOSE - The purpose of this Directive is to outline CCSO juvenile procedures concerning
detainment, alternatives to detainment, diversion, and follow-up to arrest procedures.

DISCUSSION - CCSO Certified Law Enforcement Deputies will receive continuous training on
community based programs, options, and alternatives to arrest for juvenile offenders. The CCSO
will provide its Law Enforcement Deputies with a complete and periodically up-dated list of area
resources and alternatives available for youths at-risk. This information will be used to provide
parents and at-risk youths with options that may divert the child from the juvenile justice system.

5.2.1 DETAINMENT AND ALTERNATIVES:

It is the position of the CCSO that Deputies dealing with juvenile offenders shall use the least
coercive among reasonable alternatives, consistent with preserving public safety, order, and
individual liberty. The following are alternatives, ranging from least coercive to most coercive:

A. COUNSEL, WARN AND RELEASE:

1. Recommended for those youthful offenders who:
a. Have committed a minor violation of law.
b. Have no known past offenses.
c. Project an attitude of remorse and cooperation without deception.
2. It is recommended that the child's parents be consulted with regard to the incident.

B. REFERRAL TO COMMUNITY PROGRAMS:

1. Recommended for those juvenile offenders and/or dependants who appear to:
a. Have low self-esteem.
b. Have poor coping skills.
c. Have substance use or abuse.
d. Have difficulty with anger management.
e. Be affected by family problems.
2. The Deputy should attempt to convince the child to be assessed for treatment.
3. A conference with the parent(s) or guardian is advised to secure the parent's
cooperation and support.

C. ISSUANCE OF A NOTICE TO APPEAR IN COURT IN LIEU OF TAKING CHILD INTO

CUSTODY:
1. This option is recommended for those juveniles who:

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a. The Deputy has probable cause to believe, committed a misdemeanor
violation that did not occur in the Deputy's presence. Probable cause
requires a written sworn statement from a witness in whose presence the
misdemeanor did occur.
b. Committed a misdemeanor violation that occurred in the Deputy's presence
however the Deputy feels this is the most appropriate option.
c. Committed a felony violation and the Deputy believes that it is in the best
interest of the juvenile and the community.
2. The following must be taken into consideration when deciding the appropriateness
of a Notice to Appear:
a. The risk to the community;
b. The child's past criminal activity;
c. The child's use of illegal substances.
3. The Deputy should contact the child's parent(s) or guardian to brief them on the
circumstances involved and supply them with a copy of the Notice to Appear.

D. ISSUANCE OF WARNINGS AND TRAFFIC CITATIONS - Traffic warnings and citations

should be issued to all juvenile traffic offenders on the same basis as they are issued to
adult traffic offenders.

E. DETAIN AND TRANSPORT:

1. This option may be used when the Deputy has probable cause to believe that the
juvenile has committed a felony or has committed a misdemeanor violation in the
Deputy's presence, or the juvenile is arrested for a traffic offense.
2. The Deputy shall transport the child, without delay, to the appropriate jail facility
for processing. However, if the child is in need of emergency medical treatment,
the Deputy shall ensure that the child is transported to an appropriate medical
facility for treatment prior to processing, if possible.
3. For any juvenile arrest, the arresting Deputy shall notify the juvenile's
parent/guardian upon arrival at the processing facility, or the Deputy shall ensure
that the notification is made. (Refer to paragraph REQUIRED NOTIFICATIONS)
4. TRAFFIC/MISDEMEANOR/FELONY VIOLATION:
a. If the arresting Deputy's intention is to have the juvenile detained, the
Deputy shall contact the Department of Juvenile Justice. The Department of
Juvenile Justice shall have the final decision as to whether the juvenile will
be detained.
b. If the juvenile is not to be detained by the Department of Juvenile Justice,
the arresting Deputy shall advise the parent(s) or guardian so that they can
assume custody of the child from the appropriate jail facility.
5. IMMOKALEE ARRESTS – All juveniles arrested in Immokalee will be transported to
the Immokalee Jail Center for medical in-screen/clearance and processing. IJC will
provide transportation for those juveniles being detained to the Juvenile Detention
Center.
6. NOTICE TO APPEAR - The arresting Deputy shall complete a Notice to Appear for
the juvenile being released to a parent or guardian. The parent's/guardian's
signature shall be obtained on the notice, and a copy given to them upon the
release of the child into their custody.
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5.2.2 REQUIRED NOTIFICATIONS:

A. PARENTS OR GUARDIAN - The arresting Law Enforcement Officer, the Jail facility, or
Department of Juvenile Justice staff shall make a diligent effort to locate the juvenile's
parents or guardian.
1. Telephone calls to the residence and/or place of employment, and/or a visit to the
home by the arresting Law Enforcement Officer.
2. If the arresting Law Enforcement Officer is not able to locate a parent or guardian,
another relative's telephone number should be obtained from the juvenile, and
contact made. If this is not successful, the Department of Juvenile Justice should
be contacted to authorize a hold for the child until the parent or guardian can be
contacted.
3. The Department of Children and Families shall be notified when attempts to
contact a parent/guardian are unsuccessful or the parent/guardian refuses to
respond to the jail facility to assume custody of the juvenile.

B. CCSO YOUTH RELATIONS BUREAU - Upon taking a juvenile into custody for an offense
which involves a felony or a crime of violence, the arresting Law Enforcement Officer shall
notify the CCSO Youth Relations Bureau Lieutenant or, in his absence, the Youth Relations
Bureau Sergeant and provide the following information:
1. Name of juvenile;
2. Date of birth;
3. Name of school the juvenile attends;
4. Nature of felony charge(s).
The Youth Relations Bureau shall immediately notify the Superintendent of Schools and
provide the name(s) of and charge(s) against the juvenile(s) involved.

5.2.3 DIVERSION GUIDELINES/CRITERIA:

It is the policy of the CCSO to divert juvenile offenders out of the juvenile justice system and to
adjust cases whenever possible and/or appropriate. Consistent with a least coercive policy
regarding juvenile offenders, the following are guidelines/criteria for use when determining the
appropriateness of diversion:

A. The nature of the alleged offenses must be taken into account. Particularly important is
the Deputy's impression of the offender's intentions regarding the crime, and the
offender's continued potential threat to the community. The victim or complainant may
be consulted.

B. Also considered are the following:

1. Age of the offender;
2. Mitigating circumstances that may have contributed to the juvenile's behavior;
3. Alleged offender's record particularly relating to the juvenile's past delinquency and
or dependence issues;
4. Availability and appropriateness of community-based rehabilitative and/or
treatment programs.
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5.2.4 OTHER OPTIONS:

When the situation involving a juvenile is inappropriate for a juvenile court referral or diversion to
a social agency or program, the following are approved options to be considered:

A. Transport, when allowed by law, to the district substation where a short counseling
session may take place. The parents or guardian should be contacted and advised of the
circumstances involved and invited to participate.

B. Arrange for a parent or guardian conference. Suggestions may be given to the parents
regarding home type consequences in lieu of filing charges.

C. Encourage the parents and the juvenile to participate in appropriate programs that may
benefit both the juvenile and the family.

5.2.5 JUVENILES ADJUDICATED AS ADULTS:

A. According to F.S. Chapter 985, once a juvenile has been certified for trial as an adult, the
juvenile shall thereafter be handled as if he/she were an adult for any subsequent
violation of Florida Law for the purposes of prosecution and sentencing according to the
further provisions of F.S. Chapter 985.

B. If a person is under the age of 18 and has been previously waived to adult court, do not
refer the case to the Department of Juvenile Justice. These juveniles should be
transported to the CCSO Naples Jail facility and booked as if the juvenile were an adult,
including bond.

C. Any questions on whether a particular juvenile has been adjudicated as an adult should be
referred to the Clerk of Court, Juvenile Division.

5.2.6 REFERRAL FOR FORMAL PROCEEDINGS:

The following list includes violations which are generally required to be referred for formal
proceedings:

A. Delinquent acts, that if committed by an adult would be a felony.

B. Delinquent acts involving weapons.

C. Gang related delinquent acts.

D. Delinquent acts that involve serious assault or battery.

E. Delinquent acts committed by juveniles while on probation or parole, or by those with a

case pending.

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F. Minor delinquent acts when the juvenile has been selected for a diversion program but
has refused to participate.

G. Minor delinquent acts when it appears that parental supervision is not effective.

H. All intake procedures or transactions involving juveniles will be pursuant to F.S. Chapter
985 and any other appropriate law.

5.2.7 INTERVIEW PROCEDURES:

When a juvenile taken into custody by CCSO Deputies is going to be interviewed while in
custody, the following procedures will be adhered to:

A. The juvenile's parent(s) or legal guardian shall be notified that their child has been taken
into custody and the Deputy intends to interview the child.

B. The Miranda Warning shall be read to all juveniles taken into custody when the in custody
interview begins, and the Deputy conducting the interview should explain to the child, and
to the parent or legal guardian, the procedures involved with the juvenile justice system
and the child's rights and choices therein.

C. The duration of an interview shall not be unreasonable, and shall take into consideration
the nature and severity of the crime being investigated. Investigators shall apprise their
supervisors of the need for any lengthy interviews.

D. The subject of the interview shall be allowed adequate breaks to use toilet facilities and
for food, and will be allowed periods of rest at reasonable intervals.

E. The number of investigating Deputies engaging in the interview shall be limited to three,
which includes a Youth Relations Deputy, if requested by the subject, parent, or
investigating Deputy/Investigator.

5.2.8 FINGERPRINTS AND PHOTOGRAPHS:

A. CCSO shall, as a matter of policy, fingerprint and photograph juveniles taken into custody
by a law enforcement agency based on probable cause in accordance with the provisions
in F.S. Section 985.212.

B. For information on the treatment of juvenile records, and fingerprinting and

photographing of juveniles see S-2.7.

5.2.9 OTHER FORMS OF IDENTIFICATION EVIDENCE:

Evidence samples for identification, including but not limited to hair, blood, urine, finger/toe nails,
breath, stomach contents or handwriting taken from a juvenile, shall be collected and retained
subject to the same rules as if from an adult, except that all evidence samples shall be plainly

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labeled "JUVENILE" on all evidence sheets, control logs, reports, etc. The retention and use of
these materials shall be strictly controlled.

5.2.10 FOLLOW-UP PROCESSES ON ARRESTS:

The following follow-up processes shall be performed on all juvenile arrests:

A. Copies of all juvenile arrest reports will be forwarded to the Youth Relations Bureau by the
Central Records Bureau.

B. The appropriate Youth Relations Deputy will attempt to meet with each child arrested and
attempt to coordinate the most appropriate system, community and Agency response for
the child.

C. Whenever possible, the Youth Relations Deputy will also arrange for a conference with the
parent(s) or guardian of the child to discuss the charges and make recommendations as to
community programs and options.

5.2.11 PREPARATION OF COURT CASES:

CCSO will coordinate and prepare juvenile court cases in the following manner:

A. All documentation, as required by law and by CCSO operating procedures will be

forwarded to the State Attorney's Office and to the Department of Children and Family
Services.

B. All requests for assistance or additional information by the State Attorney's Office for
prosecution of a juvenile will be complied to within a reasonable manner.

5.2.12 CUSTODY OTHER THAN CRIMINAL:

CCSO Deputies are authorized by Florida Statutes and this Directive to take a child into custody,
for other than criminal violations, under the following circumstances:

A. The Deputy has reasonable grounds to believe that the child has been abandoned, abused
or neglected, is suffering from illness or injury, or is in immediate danger from his or her
surroundings and that the child's removal is necessary for his or her protection. The
Department of Children and Family Services must be notified immediately if a child has
been taken into custody under this Directive.

B. The child having been registered in the state computer system as a missing person,
should be transported to his or her parent or guardian. If it is impossible to give custody
of the child to the parent or guardian, then the Department of Children and Family
Services must be notified of the situation.

C. Upon locating a student outside of school during normal school hours, and determining
that the student should be attending classes, a Law Enforcement Deputy should presume
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the student is truant and shall:
1. Determine in which school the student is enrolled.
2. Contact the YRD at the assigned school.
3. If circumstances warrant, the truant student may be brought to his/her assigned
school and released to the school Principal or designee.
4. The truant student may also be released to his/her parent or legal guardian.

5.2.13 TRANSPORTING JUVENILES:

A. Juveniles shall not be transported in CCSO vehicles or other vehicles which at the same
time contain an arrested adult unless the adult is involved in the same offense or
transaction as the child.

B. When transporting juveniles, the Deputy should radio beginning and ending mileage.

C. The Deputy should use good judgment and discretion in whether or not to restrain
juveniles during transport.

5.2.14 JUVENILE INFORMATION RELEASE POLICY:

A. It is CCSO policy to prohibit the release of information concerning juveniles over the
phone, except as noted below. The inquirer must present himself or herself at CCSO with
proper identification establishing relationship to the juvenile.

B. Inquiries relative to any juvenile case by the news media should be directed to the Public
Information Officer or the Central Records Bureau Supervisor.

C. F.S. Chapter 119 specifically prohibits releasing personal information of sexual battery
victims or child abuse victims, including information that could lead to the identification of
same.

D. Release of information concerning the identity of persons legally defined as juveniles shall
be as defined by F.S. Chapter 985.

E. Juvenile traffic law violations are considered public record.

F. For information regarding the retention and dissemination of juvenile records see Chapter
S-2, "Records."

G. Should any CCSO member be uncertain concerning the release of juvenile information
they should inquire as to the appropriate procedure relative to the circumstances.
(Contact CCSO Legal Advisor, Central Records Supervisor, or Public Information Officer)

APPROVED BY
SHERIFF KEVIN RAMBOSK
(REVISED 1/1/2012)