HB 442

Abstract

This Act expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record. Under the current law, officers may make referrals to the civil citation program for only very limited types of misdemeanor offenses. The Act will also allow a second referral to the civil citation program if 1 year has passed since the first referral and the second offense is not for the same misdemeanor. Under current law, a juvenile is not eligible for a second referral until 18 months have passed since the first referral. This Act will also provide access to the Delaware Criminal Justice information System to the civil citation community provider to enable the provider to properly assess referred juveniles. This program provides an alternative to arrest and adjudication, thus avoiding the collateral consequences associated with a criminal record while still allowing the system to compel the juvenile and the juvenile’s family to seek and participate in appropriate services to address root causes of delinquent behavior. The expansion of the civil citation program under this Act is consistent with the mission of the juvenile justice system, which is the rehabilitation and treatment of juveniles, not punishment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.