Fort Lauderdale Criminal Attorney Blog
Florida lawmakers are considering a pre-arrest diversion program – something many counties and judicial circuits already offer – that would be uniform throughout the state. HB 1197 and companion bill SB 1392 would create two separate pre-arrest diversion programs in each judicial circuit in Florida.
The measure calls for a diversion program for adults and another for juveniles. The basic goal is to offer certain misdemeanor offenders the opportunity to complete community service, drug treatment and other requirements in lieu of sending their case down the criminal justice pipeline. Those who fail to successfully complete the diversion program requirements would be adjudicated through the typical process. However, those who are successful would have the opportunity to avoid a criminal record entirely, and could have record of their arrest sealed or expunged.
The bill would grandfather in existing diversion programs, so long as it was operational before the measure passed and new programs will be allowed so long as the state attorney determines it will be in compliance with the state law. Supporters of the measure say that while many circuits do already have such programs, the lack of consistency is problematic. Introducing a uniform framework with specific guidelines for law enforcement and prosecutors will streamline the process. Continue reading
