CS/CS/HB 1197 - Diversion Programs Summary

• Creates section 901.41 to establish a model prearrest diversion program for adults who commit qualifying misdemeanors, allowing law enforcement officers discretion to issue civil citations instead of arrest if the adult admits the offense and has no prior arrests.

• Requires adults receiving civil citations to report for intake, complete community service hours, pay restitution to victims, and receive assessment and behavioral health services; unsuccessful participants may be arrested at officer discretion.

• Establishes program development requirements involving law enforcement, public defenders, state attorneys, circuit court clerks, and service providers who must designate qualifying misdemeanor offenses and solicit stakeholder input.

• Excludes domestic violence offenses and violations under specific statutes (including stalking, battery, and harassment) from eligibility for civil citations or prearrest diversion programs.

• Amends expunction procedures for minors completing diversion programs by requiring the Department of Law Enforcement to adopt rules for expunging nonjudicial arrest records and establishing data collection and reporting requirements beginning October 1, 2018.