(a) There is hereby established a juvenile offender civil citation option to provide a civil alternative to arrest and criminal prosecution for eligible youth who have committed acts of delinquency as set forth herein. The Juvenile Offender Civil Citation Program shall be coordinated by a statewide Civil Citation Coordinator within the Division of Youth Rehabilitative Services and shall include assessment and intervention services that a juvenile voluntarily agrees to complete in lieu of formal arrest and prosecution.

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(b) (1) Referral to the Juvenile Offender Civil Citation Program shall be initiated by a peace officer through the issuance of a civil citation. Any peace officer having reasonable grounds to believe that a juvenile has committed or attempted to commit an act of delinquency described hereunder may issue the juvenile a civil citation. The issuance of a civil citation shall be at the discretion of the peace officer and limited to qualified juvenile offenders. Participation in the Juvenile Offender Civil Citation Program is voluntary on the part of the juvenile offender and requires parental consent. Other than referrals under § 1002 of this title, referral to the Juvenile Offender Civil Citation Program shall be made with the consent of the victim if 1 exists.

(2) An act of delinquency classified as a misdemeanor is eligible for disposition pursuant to a civil citation, except any Title 21 misdemeanor, unlawful sexual contact in violation of § 767 of Title 11, and unlawful imprisonment second degree in violation of § 781 of Title 11. A juvenile is also eligible for disposition pursuant to a civil citation based on a referral under § 904 of Title 4 or § 4764 of Title 16. Juveniles under the age of 12 shall also be eligible for disposition pursuant to a civil citation based on referrals under § 1002 of this title.

(3) For purposes of this section, a “qualified juvenile offender” means a juvenile who meets both of the following:

a. No prior adjudication of delinquency.

b. No prior referral to the Juvenile Offender Civil Citation or any other diversion program unless more than 1 year has elapsed since the first referral and the prior referral was for a different offense.

(c) A civil citation shall be initiated by entering all required information into the Law Enforcement Investigative Support System (LEISS) to include a description of the offense believed to have been committed; contact information for the designated civil citation community providers; notification that the juvenile must contact the identified civil citation community provider within 7 business days to schedule their intake and initial assessment; and a warning that failure to contact the identified civil citation community provider may result in the juvenile’s arrest and the commencement of delinquency proceedings as otherwise provided in this subchapter.

(d) At the time of issuance of a civil citation by the peace officer, the peace officer shall advise the juvenile that the juvenile has the option to refuse the civil citation and instead be taken into custody and subject to arrest and prosecution as otherwise provided in this subchapter. Upon issuance of a civil citation, the peace officer shall submit the civil citation through LEISS to the Civil Citation Coordinator.

(e) A juvenile issued a civil citation shall contact the identified civil citation community provider within 7 business days or as otherwise directed in the civil citation and thereafter report to the identified provider to which the juvenile is referred.

(f) (1) Providers shall assess referred juveniles using an approved risk assessment tool and may recommend the juvenile to participate in counseling, treatment, community service or other interventions appropriate to the needs of the juvenile as identified by the assessment.

(2) For purposes of Chapter 86 of Title 11, a civil citation community provider is all of the following:

a. Engaged in the rehabilitation of accused persons in the administration of criminal justice.

b. An authorized user, if qualified under the minimum requirements established under § 8608 of Title 11.

c. An authorized agency, if qualified under §§ 8610 and 8611 of Title 11.

(g) Upon completion of all terms and conditions of the Juvenile Offender Civil Citation Program, the juvenile shall be discharged successfully without arrest.

(h) If the juvenile fails to comply with any requirements of the Juvenile Offender Civil Citation Program, including any assessments or required services, or otherwise violates any terms or conditions imposed by the identified provider, the juvenile shall be unsuccessfully discharged from the Juvenile Offender Civil Citation Program. The Civil Citation Coordinator shall advise the referring peace officer of a juvenile’s unsuccessful termination from the program. A peace officer, upon receiving notice that a juvenile to whom they have issued a civil citation has been unsuccessfully discharged from the Juvenile Offender Civil Citation Program, shall be authorized to arrest the juvenile and proceed as otherwise provided in this subchapter.

(i) Participation in the Juvenile Offender Civil Citation Program shall not, with respect to a subsequent arrest, serve to disqualify or otherwise preclude a juvenile from participating in any diversion program at the discretion of the Attorney General.

(j) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Civil Citation Program under § 904 of Title 4 or § 4764 of Title 16 may not be arrested for refusal to participate in the program or violating terms and conditions of the program.

(k) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Offender Civil Citation Program under § 1002 of this title shall be referred to the Program and may not be arrested for refusal to participate in the Program or violating terms and conditions of the Program.

80 Del. Laws, c. 412, § 1; 81 Del. Laws, c. 198, § 1; 81 Del. Laws, c. 233, § 1; 81 Del. Laws, c. 452, § 1; 83 Del. Laws, c. 198, § 3; 83 Del. Laws, c. 259, § 3;