4.1: Expand the adult civil citation program in Miami-Dade County

Issue Statement and Context

Serious long-term consequences often come with arrest records, such as limited employment and wage-growth opportunities, which can lead people with records to further involvement with the criminal justice system. While use of enforcement may at times be necessary, there are also non-punitive alternatives that can be equally, if not more, effective. Given that the majority of arrests are made for non-violent and/or low-level offenses, there are numerous opportunities to implement alternatives, which are often much less expensive than traditional criminal justice responses.

These alternatives like diversion programs work to reverse some of the negative collateral consequences associated with enforcement, such as decreased community-police trust, racially disparate outcomes, and the decreased economic opportunities associated with having a criminal record. One alternative, use of civil citations in lieu of arrest for minor infractions, is gaining prominence as an effective way to promote public safety and decrease the jail population. Civil citations are widely used in Florida as a response for first-time, non-serious juvenile offenders.

Miami-Dade’s juvenile civil program has been cited as an exemplary model of creating systemic change in how juvenile justice is delivered, for the first, second, and third-time misdemeanor offenders who commit a minor offense, who can attain complete and targeted treatment services without the stigma of an arrest. The program has a recidivism rate of 1% for youth successfully completing the Civil Citation Program, and an 83% Successful Completion Rate.

Police officer — *Image of Miami-Dade County Police*

The Board of County Commissioners (BCC), was one of the first in Florida to authorize its police department, implement an adult civil citation program, which also aims to reduce the collateral consequences that can result from arrest records and jail/prison detainment. The adult civil citation initiative and the Miami-Dade County Diversion Program were first implemented in October 2010. At that time, eight arrestable offenses were added to the Miami-Dade County Code as civil citations. The BCC has since expanded the adult civil citation program within Miami-Dade County and added new arrestable violations to the adult civil citation program throughout the years. Currently, there are 24 arrestable offenses that can be cited as a civil citation. The adult civil citation program has reduced the jail population and the strain on the criminal justice system. In 2021, Miami-Dade Police Department (MDPD) officers have issued 1,400 civil citations. Of those cited, 59% had no previous criminal history. The positive results of the issuance of these civil citations are apparent. These civil citations did not clog up the criminal justice system and spared individuals from having an arrest record and all the associated negative collateral consequences.

The BCC is committed to reviewing and expanding the adult civil citation program in Miami-Dade County. However, there is wide variation in the application of civil citations within the County. The variation is in part because not all police agencies within Miami-Dade County are issuing civil citations. Accordingly, for offenses that qualify for a civil citation, a person may still be subject to arrest because the officer in their particular municipal jurisdiction does not have the ability or the discretion to issue a civil citation. The BCC and the MDPD are working with municipal and other police agencies within the County to change that. Thus far, 29 police agencies within Miami-Dade County have signed Interlocal Agreements with the County to allow their officers to issue civil citations in lieu of arrest. This further reduces the jail population, the strain on the criminal justice system and reduces misdemeanor criminal arrest records within Miami-Dade County. It also puts all of these agencies on the same County civil citation database, which allows officers to check prior issuances of citations. If all police agencies within Miami-Dade County had the ability to issue civil citations, many of the negative collateral consequences associated with enforcement would be reduced.

Detailed Action Summary

Revise and expand MDPD’s existing civil citation program to reduce detentions, arrests, and recidivism. Change expectations of MDPD officers and the way they are trained and assessed as it relates to the use of civil citations.

- Evaluate the existing civil citation effort being led by MDPD to identify weaknesses and inequities in the application of the policy.
- Encourage other police agencies within the County to sign the Interlocal Agreement with Miami-Dade County to give their officers the ability to issue civil citations in lieu of arrest.
- Issue clear guidance that, though officers are not mandated, they are encouraged to issue civil citations for qualifying offenses and violators. That guidance, in clearly emphasizing what is expected of officers in applying this program, should strive to balance preserving the discretion that officers have to use civil citations on a voluntary basis with the need for the application of civil citations to be equitable across race, class, and geographic boundaries.
- Revise the training offered to MDPD officers on the use of civil citations, to instruct them on the new guidance, but also engage them in authentic discussion on the evolution of this program so it is not just about new administrative procedures, but about ways that MDPD can continue to build community trust.
- Build on the training model developed by the Juvenile Services Department (JSD), which deploys a trainer to meet with law enforcement to train them on the necessary paperwork and the benefits of the program. Build the training into the curriculum at the Police Academy as well as into the on-the-job training provided by Field Training Officers. Work with Field Training Officers to develop a strong understanding of the benefits of the program, and the importance of reducing racial disparities in its application toward the work of strengthening community trust in law enforcement.
- Revise the monthly performance reviews that MDPD offers by integrating data on their use of civil citations.
- Develop new ways to educate and engage residents in discussions about the evolution of the program, so there is a shared vision among residents and law enforcement about how the program should continue to evolve in a way that balances a variety of goals and concerns.

4.1: Expand the adult civil citation program in Miami-Dade County

Issue Statement and Context

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Detailed Action Summary

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