Prearrest Delinquency Citation (PDC)
Section 985.12, Florida Statutes, Prearrest Delinquency Citation
Section 985.126, Diversion programs; data collection; denial of participation or expunged record
Yes.
Yes, if the independent program is reviewed by the state attorney of the applicable circuit and he or she determines that the independent program is substantially similar to the prearrest delinquency citation program developed by the circuit.
The state attorney, public defender, clerk of the court for each county in the circuit, and representatives of participating law enforcement agencies in the circuit. Input from other interested stakeholders may be solicited.
Florida statute does not preclude repeat delinquency citations, however it allows circuit statutory stakeholders to make that determination.
Research has shown that detained youth are more likely than non-detained youth to end up deeper in the system. Immediately addressing the behavioral concerns of these youth at the earliest stage of delinquency and helping overcome that behavior enhances public safety, protects the futures of low-level offenders who stay out of trouble, and avoids significant costs to the state by decreasing the likelihood youth will reoffend as a youth or as an adult.
The PDC webpage includes links to brochures, circuit program information and other data. The PDC Dashboard tracks utilization data and outcomes and is available here. The annual Comprehensive Accountability Report tracks recidivism data and is accessible here.
No. PDC is an option for youth charged with a criminal traffic violation which is punishable as a misdemeanor offense.
If a state attorney decides not to file charges, either by dismissing the case or referring the youth to a diversion or delinquency citation program, the Department will immediately remove the youth’s entire delinquency record from JJIS and input it into Prevention Web as a delinquency citation case. In the event a criminal record has been created by the submission of fingerprints to the Florida Department of Law Enforcement (FDLE), a youth who successfully completes PDC may petition for the criminal record to be expunged. Information about expunging or sealing records is available on the FDLE website.
First time sexting offenses are not eligible for PDC. Under s. 847.0141, F.S., first time sexting offenders have defined sanctions that are not compatible with PDC.
Eligibility is determined by stakeholders in each judicial circuit. DJJ does not reflect youth with an arrest history as eligible for PDC on the dashboard.
Yes.
Youth with a prior charge that was nolle prosequi without sanctions or not filed will be reflected as eligible on the PDC dashboard providing there are no other priors in the youth’s history.
An exit assessment is not required for PDC youth.
The assessment is good for the time a youth is in PDC, which is typically 90 days.
The Prevention Assessment Tool (PAT), the GAIN-Q3, and the Biopsychosocial assessment.
Juvenile needs assessment tools must be approved by DJJ.
Section 985.12 (2)(a), F.S., indicates a prearrest delinquency citation program for misdemeanor offenses shall be established in each judicial circuit.
Section 985.12, F. S., specifies that misdemeanor offenses are eligible for PDC and that statutory stakeholders in each circuit set additional eligibility standards.
Any implementation costs should be low because PDC works through diversion programs existing in a community such as those already operated by sheriffs, state attorneys, or teen courts.
Typical sanctions and intervention services may include, but shall not be limited to, such things as community service hours, victim letter of apology, restitution, counseling, random urinalysis, mental health treatment and educational monitoring.
Prearrest delinquency citation is a mechanism for misdemeanants to enter a structured community diversion program with no arrest record upon successful completion. Youth receive swift and appropriate consequences in addition to benefitting from services that target specific risk factors. Because PDC has the lowest recidivism in the DJJ continuum of services youth, families and communities benefit from fewer future arrests.