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(A) Policy and intent. It is the policy and intent of the City of Pembroke Pines for officers of the city's Police Department to use reasonable judgment and appropriate discretion when making decisions that may lead to an arrest or an alternative to arrest. The Adult Civil Citation Program is designed to divert first-time misdemeanor offenders from the criminal justice system. Department members are responsible for adhering to the following protocols in support of the program.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACC PROGRAM. The Adult Civil Citation Program established pursuant to this section.
DEPARTMENT. The City of Pembroke Pines Police Department.
PROVIDER. The entity engaged by the City of Pembroke Pines to provide educational and/or counseling services as a component of the successful completion of the city's Adult Civil Citation Program.
(C) Engagement of provider. The city shall contract with an entity qualified to provide educational and/or counseling services related to mental or behavioral health and addiction recovery. Adults who receive a civil citation pursuant to this section may, at the Department's discretion or as provided by this section, be required to complete a program offered by the provider. All fees and costs associated with the completion of a provider program shall be the responsibility of the adult issued an adult civil citation pursuant to this section.
(D) The ACC Program shall only be available as an option to adults for misdemeanor offenses relating to:
(1) Criminal mischief, if the victim consents;
(2) Petit theft, if the victim consents;
(3) Possession of alcohol by a person under 21 years of age;
(4) Possession of 20 grams or less of cannabis;
(5) Possession of paraphernalia, which may be included if in possession of less than 20 grams of cannabis; or
(6) Offenses of assault and battery, if the victim consents.
(E) Eligible adults who elect to participate in the ACC Program must agree to the issuance of the adult civil citation. By accepting and signing the adult civil citation, the adult misdemeanor offender:
(1) Admits to have been informed of and understands their Miranda Rights;
(2) Admits to the offense(s) cited and gives up their right to appear in court;
(3) Agrees to waive their right to a speedy trial;
(4) Agrees to have their case handled by the ACC Program;
(5) Agrees to complete the required education/counseling program with the provider and/or make restitution (if applicable) by the deadline assigned by the Pembroke Pines Police Department's Civil Citation Program; and
(6) Agrees, if the adult civil citation is being issued for possession of cannabis, to submit to drug screening by the provider. If deemed necessary by the Department or the provider upon receipt of the results of the screening, the offender agrees to participate in the provider's addiction recovery program. Successful completion of the recovery program shall be a condition of completion of the ACC Program set forth in division (O)(2).
(7) Failure to successfully complete the program will result in the case being referred to criminal prosecution.
(8) Failure to agree to the issuance of a civil citation may result in arrest.
(F) The officer shall advise the ACC Program after the following eligibility criteria has been met:
(1) The adult is cooperative, and:
(a) Does not have any prior arrests;
(b) Has not been previously issued an adult civil citation; and
(c) Agrees to the issuance of an adult civil citation.
(2) The offense does not involve any of the following:
(a) Domestic violence;
(c) Loitering and prowling;
(d) Exhibition of sexual organs;
(e) The offense committed is not traffic related.
(G) Upon determining probable cause exists for the arrest of an adult, officers are responsible for determining the eligibility of the adult for the issuance of an adult civil citation. They can determine if the adult has previously been issued an adult civil citation or is currently participating in the ACC Program by either calling the Department's ACC Program coordinator or contacting the provider.
(H) Officers shall explain the following to the adult:
(1) The difference between an actual arrest and an adult civil citation; and
(2) The option to refuse the adult civil citation.
(I) If the adult offender refuses the adult civil citation and is arrested, the officer has the option to either:
(1) Issue a Notice to Appear (NTA); or
(2) Transport the adult to the Broward County Jail.
(J) Officers are responsible for documenting the following in the offense or arrest paperwork:
(1) The reason(s) for either issuing or not issuing an adult civil citation; and
(2) Any adult civil citation refusal.
(K) The signature of the adult on the adult civil citation attests to their agreement, and officers shall:
(1) Issue Miranda warnings prior to obtaining the adult's signature on the adult civil citation; and
(2) Ensure the right thumbprint of the adult is placed in the bottom right corner on the adult civil citation form.
(L) Officers shall include the elements of the crime and all other pertinent information in the offense report narrative section.
(M) Adults issued an adult civil citation shall not be transported to the Broward County Jail.
(N) Supervisors are responsible for reviewing all arrest or adult civil citation documents and shall ensure:
(1) Adults issued adult civil citations meet the criteria for adult civil citation issuance;
(2) Adults arrested did not meet the criteria for adult civil citation issuance; and
(3) Officers followed the documentation requirements of this section.
(O) The Department member designated as the ACC Program Coordinator is responsible for the following:
(1) Review of all completed adult civil citations to ensure correctness and compliance with program protocols; and
(2) Completion of adult civil citation follow-up activities to include:
(a) Upon being notified by the provider that an adult has successfully completed the program, complete a supplemental offense report with a case status designation of exceptional clearance; and
(b) Upon being notified by the provider that an adult has failed to complete the program, the Department will refer the adult to criminal prosecution.
(P) Failure of the ACC Program occurs when the adult:
(1) Fails to comply with the assigned intervention services within the prescribed time period; or
(2) Commits a new criminal offense prior to completion of the program.
(Q) In addition to any conditions and penalties imposed pursuant to this section, adults issued an ACC shall be subject to a fine in an amount to be determined
by the city.
(R) Adults who successfully satisfy the requirements of this section and the ACC Program shall not incur any form of documented criminal record related to the issuance of the adult civil citation.
(Ord. 1868, passed 2-15-17; Am. Ord. 1936, passed 11- 13-19)