We want to do everything we can to make sure a child’s first encounter with the justice system is their last. With that over-arching goal in mind, the Hillsborough State Attorney’s Office has implemented several reforms and new procedures since State Attorney Warren took office in January 2017 that are designed to keep our community safe while putting our kids on the best path to success.
Our office worked with our community’s other criminal justice stakeholders to expand and make permanent in Hillsborough County the Juvenile Arrest Avoidance Program (JAAP), commonly called the Juvenile Civil Citation program. Under JAAP, low-level first-time juvenile offenders qualify for a civil citation instead of an arrest. They face consequences for their actions without the permanent mark of an arrest that would impede their futures.
All but five misdemeanor offenses are eligible for a civil citation. Our belief—along with our partners across our community’s justice system—is that issuing juvenile civil citations for cases that meet the qualifications is an evidence-based, smart alternative to arrest and detention. Here’s why:
- It allows a child to learn from a mistake without an arrest record hampering his or her future
- It disrupts the school-to-prison pipeline
- It works: Research shows arrested youth are twice as likely to reoffend compared to youth who receive civil citations or enter a diversion program
- It saves taxpayer dollars
- Prosecuting a juvenile case costs about $5,000
- Incarcerating a juvenile costs about $55,000 a year
- Enrolling a juvenile in the civil citation program costs about $400
What does the data story tell us?
From 2016 to 2019, we see a significant 34% reduction in juvenile arrests referred to the State Attorney’s Office by law enforcement agencies. During that same time, the number of civil citations issued has increased by a sizable 42%.
The drop in juvenile arrests can be attributed to several factors. The availability and preference for civil citations is a key element. Other factors that have reduced juvenile arrests are changes in the ways schools handle student discipline, as well as expanded options for diversion programs that do not result in an arrest or prosecution if the program is completed successfully.
Expanding the Juvenile Civil Citation program
Data gathered in 2019 and 2020 showed the partners in the JAAP that too many of the youth who qualified for a civil citation were instead still being arrested; some hurdles still stood in the way. The partners, including the State Attorney’s Office, Public Defender’s Office, local law enforcement, and the 13th Judicial Circuit court system, implemented changes in September 2020 with the aim of eliminating some of the most difficult hurdles.
Beginning in September 2020:
- Parental consent is no longer mandatory for a juvenile to qualify for the JAAP
- When the arrest of a juvenile under 12 is being considered, the law enforcement officer must consult with a supervisor to discuss other options. Preference should be given to the JAAP.
The results of these changes should become visible in data starting in late 2020 and into 2021.
Reducing the number of juveniles charged as adults
In addition, State Attorney Warren created a policy that requires all Assistant State Attorneys to be more selective in charging children as adults. Deciding to charge a juvenile as an adult should be done with great care and only in limited situations where the adult-level system is best suited to deal with the situation. Charging a juvenile as an adult is also known as a direct file.
From 2016 to 2019, juvenile direct files came down substantially, by 69%. These changes still allow for adult charges when appropriate, but also keep more children in the juvenile system, which is better designed to create opportunities to set youth back on the right path.
Next steps for juvenile justice reform
Beyond the data points outlined above, the Hillsborough State Attorney’s Office continues to take more steps to improve outcomes for juveniles. Our office is working on long-term community partnerships to close Achievement Gaps for minority groups, working beyond the justice system with the aim of keeping kids from ever entering the system.
We are also taking steps to decriminalize poverty, which improves opportunities for all families with children, including reforming how we handle “poverty traps” like costly criminal charges for driving with a suspended license.