Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7050

FOR CONSIDERATION By the Committee on Criminal Justice

591-03361-08 20087050__

A bill to be entitled

An act relating to juvenile justice; amending s. 985.03,

F.S.; defining the term "ordinary medical care"; amending

s. 985.04, F.S.; providing that confidential information

obtained during an official's service with juvenile

delinquents may be shared with authorized personnel of the

Department of Children and Family Services; amending s.

985.494, F.S.; removing references to the early

delinquency intervention program when the court considers

where to commit a delinquent; amending s. 985.601, F.S.;

requiring the Department of Juvenile Justice to adopt

rules to establish procedures to provide ordinary medical

care, mental health, substance abuse, and developmental

disabilities services to youth within the juvenile justice

continuum; requiring that, to the extent possible within

available fiscal resources, the procedures must be

commensurate with procedures that youth receive in the

community; amending s. 985.644, F.S.; deleting references

to the Department of Children and Family Services for

contracting services that carry out the purposes of the

Department of Juvenile Justice; amending s. 985.66, F.S.;

transferring the responsibility for the juvenile justice

training program from the Juvenile Justice Standards and

Training Commission to the Department of Juvenile Justice;

requiring the department to adopt rules; repealing s.

985.61, F.S., relating to the early delinquency

intervention program; amending s. 985.721, F.S.;

conforming a cross-reference; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsections (39) through (57) of section 985.03,

Florida Statutes, are redesignated as subsections (40) through

(58), respectively, and a new subsection (38) is added to that

section, to read:

985.03 Definitions.--As used in this chapter, the term:

(38) "Ordinary medical care" means medical procedures that

are administered or performed on a routine basis and that do not

involve hospitalization, surgery, or the use of general

anesthesia and include, but are not limited to, inoculations,

physical examinations, and remedial treatment for minor illnesses

and injuries.

Section 2. Subsection (1) of section 985.04, Florida

Statutes, is amended to read:

985.04 Oaths; records; confidential information.--

(1) Except as provided in subsections (2), (3), (6), and

(7) and s. 943.053, all information obtained under this chapter

in the discharge of official duty by any judge, any employee of

the court, any authorized agent of the department, the Parole

Commission, the Department of Corrections, the Department of

Children and Family Services, the juvenile justice circuit

boards, any law enforcement agent, or any licensed professional

or licensed community agency representative participating in the

assessment or treatment of a juvenile is confidential and may be

disclosed only to the authorized personnel of the court, the

department and its designees, the Department of Corrections, the

Department of Children and Family Services, the Parole

Commission, law enforcement agents, school superintendents and

their designees, any licensed professional or licensed community

agency representative participating in the assessment or

treatment of a juvenile, and others entitled under this chapter

to receive that information, or upon order of the court. Within

each county, the sheriff, the chiefs of police, the district

school superintendent, and the department shall enter into an

interagency agreement for the purpose of sharing information

about juvenile offenders among all parties. The agreement must

specify the conditions under which summary criminal history

information is to be made available to appropriate school

personnel, and the conditions under which school records are to

be made available to appropriate department personnel. Such

agreement shall require notification to any classroom teacher of

assignment to the teacher's classroom of a juvenile who has been

placed in a probation or commitment program for a felony offense.

The agencies entering into such agreement must comply with s.

943.0525, and must maintain the confidentiality of information

that is otherwise exempt from s. 119.07(1), as provided by law.

Section 3. Subsection (1) of section 985.494, Florida

Statutes, is amended to read:

985.494 Commitment programs for juvenile felony

offenders.--

(1) Notwithstanding any other law and regardless of the

child's age, a child who is adjudicated delinquent, or for whom

adjudication is withheld, for an act that would be a felony if

committed by an adult, shall be committed to:

(a) A sheriff's training and respect program under s.

985.4891 if the child has participated in an early delinquency

intervention program as provided in s. 985.61.

(b) A program for serious or habitual juvenile offenders

under s. 985.47 or an intensive residential treatment program for

offenders less than 13 years of age under s. 985.483, if the

child has participated in an early delinquency intervention

program and has completed a sheriff's training and respect

program.

participated in an early delinquency intervention program, has

completed a sheriff's training and respect program, and has

completed a program for serious or habitual juvenile offenders or

an intensive residential treatment program for offenders less

than 13 years of age. The commitment of a child to a maximum-risk

100

residential program must be for an indeterminate period, but may

101

not exceed the maximum term of imprisonment that an adult may

102

serve for the same offense.

103

Section 4. Subsection (2) of section 985.601, Florida

104

Statutes, is amended to read:

105

985.601 Administering the juvenile justice continuum.--

106

(2)(a) The department shall develop and implement an

107

appropriate continuum of care that provides individualized,

108

multidisciplinary assessments, objective evaluations of relative

109

risks, and the matching of needs with placements for all children

110

under its care, and that uses a system of case management to

111

facilitate each child being appropriately assessed, provided with

112

services, and placed in a program that meets the child's needs.

113

(b) As part of the continuum of services, the department

114

shall adopt rules pursuant to chapter 120 establishing procedures

115

to provide ordinary medical care, mental health, substance abuse,

116

and developmental disabilities services to youth within the

117

juvenile justice continuum as defined in s. 985.03. These

118

procedures shall, to the extent possible within available fiscal

119

resources, be commensurate with procedures that youth receive in

120

the community. Further, these procedures must ensure that the

121

ordinary medical care, mental health, substance abuse, and

122

developmental disabilities services in department programs and

123

facilities are rendered in accordance with existing state and

124

federal health care statutes, regulations, and rules.

125

Section 5. Section 985.644, Florida Statutes, is amended to

126

read:

127

985.644 Departmental contracting powers; personnel

128

standards and screening.--

129

(1) The department of Juvenile Justice or the Department of

130

Children and Family Services, as appropriate, may contract with

131

the Federal Government, other state departments and agencies,

132

county and municipal governments and agencies, public and private

133

agencies, and private individuals and corporations in carrying

134

out the purposes of, and the responsibilities established in,

135

this chapter.

136

(a) When the department of Juvenile Justice or the

137

Department of Children and Family Services contracts with a

138

provider for any program for children, all personnel, including

139

owners, operators, employees, and volunteers, in the facility

140

must be of good moral character. Each contract entered into by

141

either department for services delivered on an appointment or

142

intermittent basis by a provider that does not have regular

143

custodial responsibility for children and each contract with a

144

school for before or aftercare services must ensure that the

145

owners, operators, and all personnel who have direct contact with

146

children are of good moral character. A volunteer who assists on

147

an intermittent basis for less than 40 hours per month need not

148

be screened if the volunteer is under direct and constant

149

supervision by persons who meet the screening requirements.

150

(b) The department of Juvenile Justice and the Department

151

of Children and Family Services shall require employment

152

screening pursuant to chapter 435, using the level 2 standards

153

set forth in that chapter for personnel in programs for children

154

or youths.

155

156

Children and Family Services may grant exemptions from

157

disqualification from working with children as provided in s.

158

435.07.

159

(2) The department may contract with the Federal

160

Government, other state departments and agencies, county and

161

municipal governments and agencies, public and private agencies,

162

and private individuals and corporations in carrying out the

163

purposes and the responsibilities of the delinquency services and

164

programs of the department.

165

(2)(3) The department shall adopt a rule pursuant to

166

chapter 120 establishing a procedure to provide notice of policy

167

changes that affect contracted delinquency services and programs.

168

A policy is defined as an operational requirement that applies to

169

only the specified contracted delinquency service or program. The

170

procedure must shall include:

171

(a) Public notice of policy development.

172

(b) Opportunity for public comment on the proposed policy.

173

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providers.

175

(d) The department's response to comments received.

176

(4) When the department contracts with a provider for any

177

delinquency service or program, all personnel, including all

178

owners, operators, employees, and volunteers in the facility or

179

providing the service or program shall be of good moral

180

character. A volunteer who assists on an intermittent basis for

181

less than 40 hours per month is not required to be screened if

182

the volunteer is under direct and constant supervision by persons

183

who meet the screening requirements.

184

(3)(5)(a) For any person employed by the department, or by

185

a provider under contract with the department, in delinquency

186

facilities, services, or programs, the department shall require:

187

1. A level 2 employment screening pursuant to chapter 435

188

prior to employment.

189

2. A federal criminal records check by the Federal Bureau

190

of Investigation every 5 years following the date of the person's

191

employment.

192

(b) Except for law enforcement, correctional, and

193

correctional probation officers, to whom s. 943.13(5) applies,

194

the department shall electronically submit to the Department of

195

Law Enforcement:

196

1. Fingerprint information obtained during the employment

197

screening required by subparagraph (a)1.

198

2. Beginning on December 15, 2005, fingerprint information

199

for all persons employed by the department, or by a provider

200

under contract with the department, in delinquency facilities,

201

services, or programs if such fingerprint information has not

202

previously been electronically submitted to the Department of Law

203

Enforcement under this paragraph.

204

205

the Department of Law Enforcement under paragraph (b) shall be

206

retained by the Department of Law Enforcement and entered into

207

the statewide automated fingerprint identification system

208

authorized by s. 943.05(2)(b). Thereafter, such fingerprint

209

information shall be available for all purposes and uses

210

authorized for arrest fingerprint information entered into the

211

statewide automated fingerprint identification system pursuant to

212

s. 943.051 until the fingerprint information is removed under

213

pursuant to paragraph (e). The Department of Law Enforcement

214

shall search all arrest fingerprint information received pursuant

215

to s. 943.051 against the fingerprint information entered into

216

the statewide automated fingerprint system under pursuant to this

217

subsection. Any arrest records identified as a result of the

218

search shall be reported to the department in the manner and

219

timeframe established by the Department of Law Enforcement by

220

rule.

221

(d) The department shall pay an annual fee to the

222

Department of Law Enforcement for its costs resulting from the

223

fingerprint information retention services required by this

224

subsection. The amount of the annual fee and procedures for the

225

submission and retention of fingerprint information and for the

226

dissemination of search results shall be established by the

227

Department of Law Enforcement by adopting a rule that is

228

applicable to the department individually under pursuant to this

229

subsection or that is applicable to the department and other

230

employing agencies pursuant to rulemaking authority otherwise

231

provided by law.

232

(e) The department shall notify the Department of Law

233

Enforcement when a person whose fingerprint information is

234

retained by the Department of Law Enforcement under this

235

subsection is no longer employed by the department, or by a

236

provider under contract with the department, in a delinquency

237

facility, service, or program. This notice shall be provided by

238

the department to the Department of Law Enforcement no later than

239

6 months after the date of the change in the person's employment

240

status. Fingerprint information for persons identified by the

241

department in the notice shall be removed from the statewide

242

automated fingerprint system.

243

(4)(6) The department may grant exemptions from

244

disqualification from working with children as provided in s.

245

435.07.

246

Section 6. Section 985.66, Florida Statutes, is amended to

247

read:

248

985.66 Juvenile justice training academies; Juvenile

249

Justice Standards and Training Commission; Juvenile Justice

250

Training Trust Fund.--

251

(1) LEGISLATIVE PURPOSE.--In order to enable the state to

252

provide a systematic approach to staff development and training

253

for judges, state attorneys, public defenders, law enforcement

254

officers, school district personnel, and juvenile justice program

255

staff that will meet the needs of such persons in their discharge

256

of duties while at the same time meeting the requirements for the

257

American Correction Association accreditation by the Commission

258

on Accreditation for Corrections, it is the purpose of the

259

Legislature to require the department to establish, maintain, and

260

oversee the operation of juvenile justice training academies in

261

the state. The purpose of the Legislature in establishing staff

262

development and training programs is to foster better staff

263

morale and reduce mistreatment and aggressive and abusive

264

behavior in delinquency programs; to positively impact the

265

recidivism of children in the juvenile justice system; and to

266

afford greater protection of the public through an improved level

267

of services delivered by a professionally trained juvenile

268

justice program staff to children who are alleged to be or who

269

have been found to be delinquent.

270

(2) JUVENILE JUSTICE STANDARDS AND TRAINING COMMISSION.--

271

(a) There is created under the Department of Juvenile

272

Justice the Juvenile Justice Standards and Training Commission,

273

hereinafter referred to as the commission. The 17-member

274

commission shall consist of the Attorney General or designee, the

275

Commissioner of Education or designee, a member of the juvenile

276

court judiciary to be appointed by the Chief Justice of the

277

Supreme Court, and 14 members to be appointed by the Secretary of

278

Juvenile Justice as follows:

279

1. Seven members shall be juvenile justice professionals: a

280

superintendent or a direct care staff member from an institution;

281

a director from a contracted community-based program; a

282

superintendent and a direct care staff member from a regional

283

detention center or facility; a juvenile probation officer

284

supervisor and a juvenile probation officer; and a director of a

285

day treatment or conditional release program. No fewer than three

286

of these members shall be contract providers.

287

2. Two members shall be representatives of local law

288

enforcement agencies.

289

3. One member shall be an educator from the state's

290

university and community college program of criminology, criminal

291

justice administration, social work, psychology, sociology, or

292

other field of study pertinent to the training of juvenile

293

justice program staff.

294

4. One member shall be a member of the public.

295

5. One member shall be a state attorney, or assistant state

296

attorney, who has juvenile court experience.

297

6. One member shall be a public defender, or assistant

298

public defender, who has juvenile court experience.

299

7. One member shall be a representative of the business

300

community.

301

302

All appointed members shall be appointed to serve terms of 2

303

years.

304

(b) The composition of the commission shall be broadly

305

reflective of the public and shall include minorities and women.

306

The term "minorities" as used in this paragraph means a member of

307

a socially or economically disadvantaged group that includes

308

blacks, Hispanics, and American Indians.

309

310

commission with staff necessary to assist the commission in the

311

performance of its duties.

312

(d) The commission shall annually elect its chairperson and

313

other officers. The commission shall hold at least four regular

314

meetings each year at the call of the chairperson or upon the

315

written request of three members of the commission. A majority of

316

the members of the commission constitutes a quorum. Members of

317

the commission shall serve without compensation but are entitled

318

to be reimbursed for per diem and travel expenses as provided by

319

s. 112.061 and these expenses shall be paid from the Juvenile

320

Justice Training Trust Fund.

321

(e) The department powers, duties, and functions of the

322

commission shall be to:

323

(a)1. Designate the location of the training academies;

324

develop, implement, maintain, and update the curriculum to be

325

used in the training of juvenile justice program staff; establish

326

timeframes for participation in and completion of training by

327

juvenile justice program staff; develop, implement, maintain, and

328

update job-related examinations; develop, implement, and update

329

the types and frequencies of evaluations of the training

330

academies; approve, modify, or disapprove the budget for the

331

training academies, and the contractor to be selected to organize

332

and operate the training academies and to provide the training

333

curriculum.

334

(b)2. Establish uniform minimum job-related training

335

courses and examinations for juvenile justice program staff.

336

337

subdivision; any private entity or contractor; and with private

338

and public universities, colleges, community colleges, and other

339

educational institutions concerning the development of juvenile

340

justice training and programs or courses of instruction,

341

including, but not limited to, education and training in the

342

areas of juvenile justice.

343

(d)4. Enter into With the approval of the department, make

344

and enter into such contracts and agreements with other agencies,

345

organizations, associations, corporations, individuals, or

346

federal agencies as the commission determines are necessary in

347

the execution of its powers or the performance of its duties.

348

5. Make recommendations to the Department of Juvenile

349

Justice concerning any matter within the purview of this section.

350

(3) JUVENILE JUSTICE TRAINING PROGRAM.--The department

351

commission shall establish a certifiable program for juvenile

352

justice training under pursuant to this section, and all

353

department program staff and providers who deliver direct care

354

services pursuant to a contract with the department shall be

355

required to participate in and successfully complete the

356

commission-approved program of training pertinent to their areas

357

of responsibility. Judges, state attorneys, and public defenders,

358

law enforcement officers, and school district personnel may

359

participate in the such training program. For the juvenile

360

justice program staff, the department commission shall, based on

361

a job-task analysis:

362

(a) Design, implement, maintain, evaluate, and revise a

363

basic training program, including a competency-based examination,

364

for the purpose of providing minimum employment training

365

qualifications for all juvenile justice personnel. All program

366

staff of the department and providers who deliver direct-care

367

services who are hired after October 1, 1999, must meet the

368

following minimum requirements:

369

1. Be at least 19 years of age.

370

2. Be a high school graduate or its equivalent as

371

determined by the department commission.

372

3. Not have been convicted of any felony or a misdemeanor

373

involving perjury or a false statement, or have received a

374

dishonorable discharge from any of the Armed Forces of the United

375

States. Any person who, after September 30, 1999, pleads guilty

376

or nolo contendere to or is found guilty of any felony or a

377

misdemeanor involving perjury or false statement is not eligible

378

for employment, notwithstanding suspension of sentence or

379

withholding of adjudication. Notwithstanding this subparagraph,

380

any person who pled nolo contendere to a misdemeanor involving a

381

false statement before October 1, 1999, and who has had such

382

record of that plea sealed or expunged is not ineligible for

383

employment for that reason.

384

4. Abide by all the provisions of s. 985.644(1) regarding

385

fingerprinting and background investigations and other screening

386

requirements for personnel.

387

5. Execute and submit to the department an affidavit-of-

388

application form, adopted by the department, attesting to his or

389

her compliance with subparagraphs 1.-4. The affidavit must be

390

executed under oath and constitutes an official statement under

391

s. 837.06. The affidavit must include conspicuous language that

392

the intentional false execution of the affidavit constitutes a

393

misdemeanor of the second degree. The employing agency shall

394

retain the affidavit.

395

(b) Design, implement, maintain, evaluate, and revise an

396

advanced training program, including a competency-based

397

examination for each training course, which is intended to

398

enhance knowledge, skills, and abilities related to job

399

performance.

400

401

career development training program, including a competency-based

402

examination for each training course. Career development courses

403

are intended to prepare personnel for promotion.

404

(d) The department commission is encouraged to design,

405

implement, maintain, evaluate, and revise juvenile justice

406

training courses, or to enter into contracts for such training

407

courses, that are intended to provide for the safety and well-

408

being of both citizens and juvenile offenders.

409

(4) JUVENILE JUSTICE TRAINING TRUST FUND.--

410

(a) There is created within the State Treasury a Juvenile

411

Justice Training Trust Fund to be used by the Department of

412

Juvenile Justice for the purpose of funding the development and

413

updating of a job-task analysis of juvenile justice personnel;

414

the development, implementation, and updating of job-related

415

training courses and examinations; and the cost of commission-

416

approved juvenile justice training courses; and reimbursement for

417

expenses as provided in s. 112.061 for members of the commission

418

and staff.

419

(b) One dollar from every noncriminal traffic infraction

420

collected under pursuant to ss. 318.14(10)(b) and 318.18 shall be

421

deposited into the Juvenile Justice Training Trust Fund.

422

423

the trust fund may receive funds from any other public or private

424

source.

425

(d) Funds that are not expended by the end of the budget

426

cycle or through a supplemental budget approved by the department

427

shall revert to the trust fund.

428

(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING

429

ACADEMIES.--The number, location, and establishment of juvenile

430

justice training academies shall be determined by the department

431

commission.

432

(6) SCHOLARSHIPS AND STIPENDS.--

433

(a) The department shall adopt a By rule to, the commission

434

shall establish criteria to award scholarships or stipends to

435

qualified juvenile justice personnel who are residents of the

436

state who want to pursue a bachelor's or associate in arts degree

437

in juvenile justice or a related field. The department shall

438

handle the administration of the scholarship or stipend. The

439

Department of Education shall handle the notes issued for the

440

payment of the scholarships or stipends. All scholarship and

441

stipend awards shall be paid from the Juvenile Justice Training

442

Trust Fund upon vouchers approved by the Department of Education

443

and properly certified by the Chief Financial Officer. Prior to

444

the award of a scholarship or stipend, the juvenile justice

445

employee must agree in writing to practice her or his profession

446

in juvenile justice or a related field for 1 month for each month

447

of grant or to repay the full amount of the scholarship or

448

stipend together with interest at the rate of 5 percent per annum

449

over a period not to exceed 10 years. Repayment shall be made

450

payable to the state for deposit into the Juvenile Justice

451

Training Trust Fund.

452

(b) The department commission may establish the scholarship

453

program by rule and implement the program on or after July 1,

454

1996.

455

(7) ADOPTION OF RULES.--The department commission shall

456

adopt rules as necessary to administer carry out the provisions

457

of this section.

458

(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK

459

MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of

460

Risk Management of the Department of Financial Services is

461

authorized to insure a private agency, individual, or corporation

462

operating a state-owned training school under a contract to carry

463

out the purposes and responsibilities of any program of the

464

department. The coverage authorized herein shall be under the

465

same general terms and conditions as the department is insured

466

for its responsibilities under chapter 284.

467

(9) The Juvenile Justice Standards and Training Commission

468

is terminated on June 30, 2001, and such termination shall be

469

reviewed by the Legislature prior to that date.

470

Section 7. Section 985.61, Florida Statutes, is repealed.

471

Section 8. Section 985.721, Florida Statutes, is amended to

472

read:

473

985.721 Escapes from secure detention or residential

474

commitment facility.--An escape from:

475

(1) Any secure detention facility maintained for the

476

temporary detention of children, pending adjudication,

477

disposition, or placement;

478

(2) Any residential commitment facility described in s.

479

985.03(45) s. 985.03(44), maintained for the custody, treatment,

480

punishment, or rehabilitation of children found to have committed

481

delinquent acts or violations of law; or

482

(3) Lawful transportation to or from any such secure

483

detention facility or residential commitment facility,

484

485

constitutes escape within the intent and meaning of s. 944.40 and

486

is a felony of the third degree, punishable as provided in s.

487

775.082, s. 775.083, or s. 775.084.

488

Section 9. This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.