CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Bainter offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsection (2) of section 938.17, Florida
18 Statutes, is amended to read:
19 938.17 County delinquency prevention.--
20 (2) In counties in which the sheriff's office is a
21 partner in a juvenile justice assessment center pursuant to s.
22 985.209 39.0471, or a partner in a suspension program
23 developed in conjunction with the district school board in the
24 county of the sheriff's jurisdiction, the court shall assess
25 court costs of $3 per case, in addition to any other
26 authorized cost or fine, on every person who, with respect to
27 a charge, indictment, prosecution commenced, or petition of
28 delinquency filed in that county or circuit, pleads guilty,
29 nolo contendere to, or is convicted of, or adjudicated
30 delinquent for, or has an adjudication withheld for, a felony
31 or misdemeanor, or a criminal traffic offense or handicapped
1
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 parking violation under state law, or a violation of any
2 municipal or county ordinance, if the violation constitutes a
3 misdemeanor under state law.
4 Section 2. Section 938.19, Florida Statutes, is
5 amended to read:
6 938.19 Teen courts; operation and
7 administration.--Notwithstanding s. 318.121, in each county in
8 which a teen court has been created, a county may adopt a
9 mandatory cost to be assessed in specific cases as provided
10 for in subsection (1) by incorporating by reference the
11 provisions of this section in a county ordinance. Assessments
12 collected by the clerk of the circuit court pursuant to this
13 section shall be deposited into an account specifically for
14 the operation and administration of the teen court:
15 (1) A sum of $3, which shall be assessed as a court
16 cost by both the circuit court and the county court in the
17 county against every person who pleads guilty or nolo
18 contendere to, or is convicted of, regardless of adjudication,
19 a violation of a state criminal statute or a municipal
20 ordinance or county ordinance or who pays a fine or civil
21 penalty for any violation of chapter 316. Any person whose
22 adjudication is withheld pursuant to the provisions of s.
23 318.14(9) or (10) shall also be assessed such cost. The $3
24 assessment for court costs shall be assessed in addition to
25 any fine, civil penalty, or other court cost and shall not be
26 deducted from the proceeds of that portion of any fine or
27 civil penalty which is received by a municipality in the
28 county or by the county in accordance with ss. 316.660 and
29 318.21. The $3 assessment shall specifically be added to any
30 civil penalty paid for a violation of chapter 316, whether
31 such penalty is paid by mail, paid in person without request
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 for a hearing, or paid after hearing and determination by the
2 court. However, the $3 assessment shall not be made against a
3 person for a violation of any state statutes, county
4 ordinance, or municipal ordinance relating to the parking of
5 vehicles, with the exception of a violation of the handicapped
6 parking laws. The clerk of the circuit court shall collect
7 the respective $3 assessments for court costs established in
8 this subsection and shall remit the same to the teen court
9 monthly, less 5 percent, which is to be retained as fee income
10 of the office of the clerk of the circuit court.
11 (2) Such other moneys as become available for
12 establishing and operating teen courts under the provisions of
13 Florida law.
14 Section 3. Subsection (8) is added to section 943.053,
15 Florida Statutes, to read:
16 943.053 Dissemination of criminal justice information;
17 fees.--
18 (1) The Department of Law Enforcement shall
19 disseminate criminal justice information only in accordance
20 with federal and state laws, regulations, and rules.
21 (2) Criminal justice information derived from federal
22 criminal justice information systems or criminal justice
23 information systems of other states shall not be disseminated
24 in a manner inconsistent with the laws, regulations, or rules
25 of the originating agency.
26 (3) Criminal history information, including
27 information relating to juveniles, compiled by the Division of
28 Criminal Justice Information Systems from intrastate sources
29 shall be available on a priority basis to criminal justice
30 agencies for criminal justice purposes free of charge and,
31 otherwise, to governmental agencies not qualified as criminal
3
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 justice agencies on an approximate-cost basis. After
2 providing the division with all known identifying information,
3 persons in the private sector may be provided criminal history
4 information upon tender of fees as established by rule of the
5 Department of Law Enforcement. Such fees shall approximate
6 the actual cost of producing the record information. Fees may
7 be waived by the executive director of the Department of Law
8 Enforcement for good cause shown.
9 (4) Criminal justice information provided by the
10 Department of Law Enforcement shall be used only for the
11 purpose stated in the request.
12 (5) Notwithstanding any other provision of law, the
13 department shall provide to the Florida Department of Revenue
14 Child Support Enforcement access to Florida criminal records
15 which are not exempt from disclosure under chapter 119, and to
16 such information as may be lawfully available from other
17 states via the National Law Enforcement Telecommunications
18 System, for the purpose of locating subjects who owe or
19 potentially owe child support or to whom such obligation is
20 owed pursuant to Title IV-D of the Social Security Act. Such
21 information may be provided to child support enforcement
22 authorities in other states for these specific purposes.
23 (6) Notwithstanding the provisions of s. 943.0525, and
24 any user agreements adopted pursuant thereto, and
25 notwithstanding the confidentiality of sealed records as
26 provided for in s. 943.059, the sheriff of any county that has
27 contracted with a private entity to operate a county detention
28 facility pursuant to the provisions of s. 951.062 shall
29 provide that private entity, in a timely manner, copies of the
30 Florida criminal history records for its inmates. The sheriff
31 may assess a charge for the Florida criminal history records
4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 pursuant to the provisions of chapter 119. Sealed records
2 received by the private entity under this section remain
3 confidential and exempt from the provisions of s. 119.07(1).
4 (7) Notwithstanding the provisions of s. 943.0525, and
5 any user agreements adopted pursuant thereto, and
6 notwithstanding the confidentiality of sealed records as
7 provided for in s. 943.059, the Department of Corrections
8 shall provide, in a timely manner, copies of the Florida
9 criminal history records for inmates housed in a private state
10 correctional facility to the private entity under contract to
11 operate the facility pursuant to the provisions of s. 944.105
12 or s. 957.03. The department may assess a charge for the
13 Florida criminal history records pursuant to the provisions of
14 chapter 119. Sealed records received by the private entity
15 under this section remain confidential and exempt from the
16 provisions of s. 119.07(1).
17 (8) Notwithstanding the provisions of s. 943.0525 and
18 any user agreements adopted pursuant thereto, and
19 notwithstanding the confidentiality of sealed records as
20 provided for in s. 943.059, the Department of Juvenile Justice
21 or any other state or local criminal justice agency may
22 provide copies of the Florida criminal history records for
23 juvenile offenders currently or formerly detained or housed in
24 a contracted juvenile assessment center or detention facility
25 or serviced in a contracted treatment program and for
26 employees or other individuals who will have access to these
27 facilities, only to the entity under direct contract with the
28 Department of Juvenile Justice to operate these facilities or
29 programs pursuant to the provisions of s. 985.411. The
30 criminal justice agency providing such data may assess a
31 charge for the Florida criminal history records pursuant to
5
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 the provisions of chapter 119. Sealed records received by the
2 private entity under this section remain confidential and
3 exempt from the provisions of s. 119.07(1). Information
4 provided under this section shall be used only for the
5 criminal justice purpose for which it was requested and may
6 not be further disseminated.
7 Section 4. Section 944.401, Florida Statutes, is
8 renumbered as section 985.3141, Florida Statutes, and amended
9 to read:
10 985.3141 944.401 Escapes from secure detention or
11 residential commitment facility.--An escape from:
12 (1) Any secure detention facility maintained for the
13 temporary detention of children, pending adjudication,
14 disposition, or placement; an escape from
15 (2) Any residential commitment facility described
16 defined in s. 985.03(45) s. 39.01(59), maintained for the
17 custody, treatment, punishment, or rehabilitation of children
18 found to have committed delinquent acts or violations of law;
19 or an escape from
20 (3) Lawful transportation to or from any such secure
21 detention facility or residential commitment facility, thereto
22 or therefrom
23
24 constitutes escape within the intent and meaning of s. 944.40
25 and is a felony of the third degree, punishable as provided in
26 s. 775.082, s. 775.083, or s. 775.084.
27 Section 5. Paragraph (c) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1
2 Florida Felony
3 Statute Degree Description
4
5 (c) LEVEL 3
6 985.3141 39.061 3rd Escapes from juvenile facility
7 (secure detention or residential
8 commitment facility).
9 319.30(4) 3rd Possession by junkyard of motor
10 vehicle with identification
11 number plate removed.
12 319.33(1)(a) 3rd Alter or forge any certificate of
13 title to a motor vehicle or
14 mobile home.
15 319.33(1)(c) 3rd Procure or pass title on stolen
16 vehicle.
17 319.33(4) 3rd With intent to defraud, possess,
18 sell, etc., a blank, forged, or
19 unlawfully obtained title or
20 registration.
21 328.05(2) 3rd Possess, sell, or counterfeit
22 fictitious, stolen, or fraudulent
23 titles or bills of sale of
24 vessels.
25 328.07(4) 3rd Manufacture, exchange, or possess
26 vessel with counterfeit or wrong
27 ID number.
28 376.302(5) 3rd Fraud related to reimbursement
29 for cleanup expenses under the
30 Inland Protection Trust Fund.
31
7
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 501.001(2)(b) 2nd Tampers with a consumer product
2 or the container using materially
3 false/misleading information.
4 697.08 3rd Equity skimming.
5 790.15(3) 3rd Person directs another to
6 discharge firearm from a vehicle.
7 796.05(1) 3rd Live on earnings of a prostitute.
8 806.10(1) 3rd Maliciously injure, destroy, or
9 interfere with vehicles or
10 equipment used in firefighting.
11 806.10(2) 3rd Interferes with or assaults
12 firefighter in performance of
13 duty.
14 810.09(2)(c) 3rd Trespass on property other than
15 structure or conveyance armed
16 with firearm or dangerous weapon.
17 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
18 less than $10,000.
19 815.04(4)(b) 2nd Computer offense devised to
20 defraud or obtain property.
21 817.034(4)(a)3. 3rd Engages in scheme to defraud
22 (Florida Communications Fraud
23 Act), property valued at less
24 than $20,000.
25 817.233 3rd Burning to defraud insurer.
26 828.12(2) 3rd Tortures any animal with intent
27 to inflict intense pain, serious
28 physical injury, or death.
29 831.29 2nd Possession of instruments for
30 counterfeiting drivers' licenses.
31
8
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 838.021(3)(b) 3rd Threatens unlawful harm to public
2 servant.
3 843.19 3rd Injure, disable, or kill police
4 dog or horse.
5 870.01(2) 3rd Riot; inciting or encouraging.
6 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c), (3), or (4)
9 drugs).
10 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
11 893.03(1)(c), (2)(c), (3), or (4)
12 drugs within 200 feet of
13 university, public housing
14 facility, or public park.
15 893.13(6)(a) 3rd Possession of any controlled
16 substance other than felony
17 possession of cannabis.
18 893.13(7)(a)9. 3rd Obtain or attempt to obtain
19 controlled substance by fraud,
20 forgery, misrepresentation, etc.
21 893.13(7)(a)11. 3rd Furnish false or fraudulent
22 material information on any
23 document or record required by
24 chapter 893.
25 918.13(1)(a) 3rd Alter, destroy, or conceal
26 investigation evidence.
27 944.47
28 (1)(a)1.-2. 3rd Introduce contraband to
29 correctional facility.
30 944.47(1)(c) 2nd Possess contraband while upon the
31 grounds of a correctional
9
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 institution.
2 Section 6. Paragraph (c) of subsection (29), paragraph
3 (c) of subsection (30), and subsections (31), (32), and (33)
4 of section 984.03, Florida Statutes, are amended to read:
5 984.03 Definitions.--When used in this chapter, the
6 term:
7 (29) "Habitually truant" means that:
8 (c) A school representative, designated according to
9 school board policy, and a juvenile probation officer an
10 intake counselor or case manager of the Department of Juvenile
11 Justice have jointly investigated the truancy problem or, if
12 that was not feasible, have performed separate investigations
13 to identify conditions that which may be contributing to the
14 truant behavior; and if, after a joint staffing of the case to
15 determine the necessity for services, such services were
16 determined to be needed, the persons who performed the
17 investigations met jointly with the family and child to
18 discuss any referral to appropriate community agencies for
19 economic services, family or individual counseling, or other
20 services required to remedy the conditions that are
21 contributing to the truant behavior.
22 (30) "Intake" means the initial acceptance and
23 screening by the Department of Juvenile Justice of a complaint
24 or a law enforcement report or probable cause affidavit of
25 delinquency, family in need of services, or child in need of
26 services to determine the recommendation to be taken in the
27 best interests of the child, the family, and the community.
28 The emphasis of intake is on diversion and the least
29 restrictive available services. Consequently, intake includes
30 such alternatives as:
31 (c) The recommendation by the juvenile probation
10
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 officer intake counselor or case manager of judicial handling
2 when appropriate and warranted.
3 (31) "Intake counselor" or "case manager" means the
4 authorized agent of the Department of Juvenile Justice
5 performing the intake or case management function for a child
6 alleged to be delinquent or in need of services, or from a
7 family in need of services.
8 (31)(32) "Judge" means the circuit judge exercising
9 jurisdiction pursuant to this chapter.
10 (32)(33) "Juvenile justice continuum" includes, but is
11 not limited to, delinquency prevention programs and services
12 designed for the purpose of preventing or reducing delinquent
13 acts, including criminal activity by youth gangs and juvenile
14 arrests, as well as programs and services targeted at children
15 who have committed delinquent acts, and children who have
16 previously been committed to residential treatment programs
17 for delinquents. The term includes
18 children-in-need-of-services and families-in-need-of-services
19 programs; aftercare and reentry services; substance abuse and
20 mental health programs; educational and vocational programs;
21 recreational programs; community services programs; community
22 service work programs; and alternative dispute resolution
23 programs serving children at risk of delinquency and their
24 families, whether offered or delivered by state or local
25 governmental entities, public or private for-profit or
26 not-for-profit organizations, or religious or charitable
27 organizations.
28 (33) "Juvenile probation officer" means the authorized
29 agent of the department who performs and directs intake,
30 assessment, probation or aftercare, and other related
31 services.
11
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 Section 7. Paragraph (c) of subsection (27), paragraph
2 (c) of subsection (29), and subsections (30), (31), (32),
3 (45), and (55) of section 985.03, Florida Statutes, are
4 amended to read:
5 985.03 Definitions.--When used in this chapter, the
6 term:
7 (27) "Habitually truant" means that:
8 (c) A school representative, designated according to
9 school board policy, and a juvenile probation officer an
10 intake counselor or case manager of the Department of Juvenile
11 Justice have jointly investigated the truancy problem or, if
12 that was not feasible, have performed separate investigations
13 to identify conditions that could which may be contributing to
14 the truant behavior; and if, after a joint staffing of the
15 case to determine the necessity for services, such services
16 were determined to be needed, the persons who performed the
17 investigations met jointly with the family and child to
18 discuss any referral to appropriate community agencies for
19 economic services, family or individual counseling, or other
20 services required to remedy the conditions that are
21 contributing to the truant behavior.
22 (29) "Intake" means the initial acceptance and
23 screening by the Department of Juvenile Justice of a complaint
24 or a law enforcement report or probable cause affidavit of
25 delinquency, family in need of services, or child in need of
26 services to determine the recommendation to be taken in the
27 best interests of the child, the family, and the community.
28 The emphasis of intake is on diversion and the least
29 restrictive available services. Consequently, intake includes
30 such alternatives as:
31 (c) The recommendation by the juvenile probation
12
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 officer intake counselor or case manager of judicial handling
2 when appropriate and warranted.
3 (30) "Intake counselor" or "case manager" means the
4 authorized agent of the Department of Juvenile Justice
5 performing the intake or case management function for a child
6 alleged to be delinquent.
7 (30)(31) "Judge" means the circuit judge exercising
8 jurisdiction pursuant to this chapter.
9 (31)(32) "Juvenile justice continuum" includes, but is
10 not limited to, delinquency prevention programs and services
11 designed for the purpose of preventing or reducing delinquent
12 acts, including criminal activity by youth gangs, and juvenile
13 arrests, as well as programs and services targeted at children
14 who have committed delinquent acts, and children who have
15 previously been committed to residential treatment programs
16 for delinquents. The term includes
17 children-in-need-of-services and families-in-need-of-services
18 programs; aftercare and reentry services; substance abuse and
19 mental health programs; educational and vocational programs;
20 recreational programs; community services programs; community
21 service work programs; and alternative dispute resolution
22 programs serving children at risk of delinquency and their
23 families, whether offered or delivered by state or local
24 governmental entities, public or private for-profit or
25 not-for-profit organizations, or religious or charitable
26 organizations.
27 (32) "Juvenile probation officer" means the authorized
28 agent of the Department of Juvenile Justice who performs the
29 intake or case-management function for a child alleged to be
30 delinquent.
31 (45) "Restrictiveness level" means the level of
13
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 custody provided by programs that service the custody and care
2 needs of committed children. There shall be five
3 restrictiveness levels:
4 (a) Minimum-risk nonresidential.--Youth assessed and
5 classified for placement in programs at this restrictiveness
6 level represent a minimum risk to themselves and public safety
7 and do not require placement and services in residential
8 settings. Programs or program models in this restrictiveness
9 level include: community counselor supervision programs,
10 special intensive group programs, nonresidential marine
11 programs, nonresidential training and rehabilitation centers,
12 and other local community nonresidential programs.
13 (b) Low-risk residential.--Youth assessed and
14 classified for placement in programs at this level represent a
15 low risk to themselves and public safety and do require
16 placement and services in residential settings. Programs or
17 program models in this restrictiveness level include: Short
18 Term Offender Programs (STOP), group treatment homes, family
19 group homes, proctor homes, and Short Term Environmental
20 Programs (STEP). Section 985.3141 944.401 applies to children
21 placed in programs in this restrictiveness level.
22 (c) Moderate-risk residential.--Youth assessed and
23 classified for placement in programs in this restrictiveness
24 level represent a moderate risk to public safety. Programs
25 are designed for children who require close supervision but do
26 not need placement in facilities that are physically secure.
27 Programs in the moderate-risk residential restrictiveness
28 level provide 24-hour awake supervision, custody, care, and
29 treatment. Upon specific appropriation, a facility at this
30 restrictiveness level may have a security fence around the
31 perimeter of the grounds of the facility and may be
14
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 hardware-secure or staff-secure. The staff at a facility at
2 this restrictiveness level may seclude a child who is a
3 physical threat to himself or others. Mechanical restraint
4 may also be used when necessary. Programs or program models in
5 this restrictiveness level include: halfway houses, START
6 Centers, the Dade Intensive Control Program, licensed
7 substance abuse residential programs, and moderate-term
8 wilderness programs designed for committed delinquent youth
9 that are operated or contracted by the Department of Juvenile
10 Justice. Section 985.3141 944.401 applies to children placed
11 in programs in this restrictiveness level moderate-risk
12 residential programs.
13 (d) High-risk residential.--Youth assessed and
14 classified for this level of placement require close
15 supervision in a structured residential setting that provides
16 24-hour-per-day secure custody, care, and supervision.
17 Placement in programs in this level is prompted by a concern
18 for public safety that outweighs placement in programs at
19 lower restrictiveness levels. Programs or program models in
20 this level are staff-secure or physically secure residential
21 commitment facilities and include: training schools, intensive
22 halfway houses, residential sex offender programs, long-term
23 wilderness programs designed exclusively for committed
24 delinquent youth, boot camps, secure halfway house programs,
25 and the Broward Control Treatment Center. Section 985.3141
26 944.401 applies to children placed in programs in this
27 restrictiveness level.
28 (e) Maximum-risk residential.--Youth assessed and
29 classified for this level of placement require close
30 supervision in a maximum security residential setting that
31 provides 24-hour-per-day secure custody, care, and
15
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 supervision. Placement in a program in this level is prompted
2 by a demonstrated need to protect the public. Programs or
3 program models in this level are maximum-secure-custody,
4 long-term residential commitment facilities that are intended
5 to provide a moderate overlay of educational, vocational, and
6 behavioral-modification services and include programs for
7 serious and habitual juvenile offenders and other
8 maximum-security program models authorized by the Legislature
9 and established by rule. Section 985.3141 applies to children
10 placed in programs in this restrictiveness level.
11 (55) "Temporary release" means the terms and
12 conditions under which a child is temporarily released from a
13 commitment facility or allowed home visits. If the temporary
14 release is from a moderate-risk residential facility, a
15 high-risk residential facility, or a maximum-risk residential
16 facility, the terms and conditions of the temporary release
17 must be approved by the child, the court, and the facility.
18 The term includes periods during which the child is supervised
19 pursuant to a reentry program or an aftercare program or a
20 period during which the child is supervised by a juvenile
21 probation officer case manager or other nonresidential staff
22 of the department or staff employed by an entity under
23 contract with the department. A child placed in a
24 postcommitment supervision community control program by order
25 of the court is not considered to be on temporary release and
26 is not subject to the terms and conditions of temporary
27 release.
28 Section 8. Subsection (2) of section 985.207, Florida
29 Statutes, is amended to read:
30 985.207 Taking a child into custody.--
31 (2) When a child is taken into custody as provided in
16
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 this section, the person taking the child into custody shall
2 attempt to notify the parent, guardian, or legal custodian of
3 the child. The person taking the child into custody shall
4 continue such attempt until the parent, guardian, or legal
5 custodian of the child is notified or the child is delivered
6 to a juvenile probation officer an intake counselor pursuant
7 to s. 985.21, whichever occurs first. If the child is
8 delivered to a juvenile probation officer an intake counselor
9 before the parent, guardian, or legal custodian is notified,
10 the juvenile probation officer intake counselor or case
11 manager shall continue the attempt to notify until the parent,
12 guardian, or legal custodian of the child is notified.
13 Section 9. Subsection (2) of section 985.208, Florida
14 Statutes, is amended to read:
15 985.208 Detention of furloughed child or escapee on
16 authority of the department.--
17 (2) Any sheriff or other law enforcement officer, upon
18 the request of the secretary of the department or duly
19 authorized agent, shall take a child who has escaped or
20 absconded from a department facility for committed delinquent
21 children, or from being lawfully transported thereto or
22 therefrom, into custody and deliver the child to the
23 appropriate juvenile probation officer intake counselor or
24 case manager of the department.
25 Section 10. Section 985.209, Florida Statutes, is
26 amended to read:
27 985.209 Juvenile justice assessment centers.--
28 (1) As used in this section, "center" means a juvenile
29 assessment center comprising community operated facilities and
30 programs which provide collocated central intake and screening
31 services for youth referred to the Department of Juvenile
17
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 Justice.
2 (2) The department shall work cooperatively with
3 substance abuse programs, mental health providers, law
4 enforcement agencies, schools, health service providers, state
5 attorneys, public defenders, and other agencies serving youth
6 to establish juvenile assessment centers. Each current and
7 newly established center shall be developed and modified
8 through the local initiative of community agencies and local
9 governments and shall provide a broad array of youth-related
10 services appropriate to the needs of the community where the
11 center is located.
12 (3) Each center shall be managed and governed by the
13 participating agencies, consistent with respective statutory
14 requirements of each agency, through an advisory committee and
15 interagency agreements established with participating
16 entities. The advisory committee shall guide the center's
17 operation and ensure that appropriate and relevant agencies
18 are collaboratively participating in and providing services at
19 the center. Each participating state agency shall have
20 operational oversight of only those individual service
21 components located and provided at the center for which the
22 state agency has statutory authority and responsibility.
23 (4) Each center shall provide collocated central
24 intake and screening services for youth referred to the
25 department. The center shall provide sufficient services
26 needed to facilitate the initial screening of and case
27 processing for youth, including, at a minimum, delinquency
28 intake; positive identification of the youth; detention
29 admission screening; needs assessment; substance abuse
30 screening and assessments; physical and mental health
31 screening; and diagnostic testing as appropriate. The
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 department shall provide sufficient staff and resources at a
2 center to provide detention screening and intake services.
3 (5) Each center is authorized and encouraged to
4 establish truancy programs. A truancy program may serve as
5 providing the central intake and screening of truant children
6 for a specific geographic area based upon written agreements
7 between the center, local law enforcement agencies, and local
8 school boards. A center may work cooperatively with any
9 truancy program operating in the area serving the center.
10 (6) Each center must provide for the coordination and
11 sharing of information among the participating agencies to
12 facilitate the screening of and case processing for youth
13 referred to the department.
14 (7) The department may utilize juvenile assessment
15 centers to the fullest extent possible for the purpose of
16 conducting pre-and post-disposition assessments and
17 evaluations of youth, except where a juvenile assignment
18 center is located. Assessments and evaluations may be
19 conducted by juvenile assessment center staff on a youth while
20 he or she is in a juvenile detention center awaiting placement
21 in a residential commitment facility. If feasible, a youth may
22 be transported from a juvenile detention center to a juvenile
23 assessment center for the purpose of conducting an assessment
24 or evaluation. Such assessments and evaluations may include,
25 but are not limited to, needs assessment; substance abuse
26 evaluations; physical and mental health evaluations;
27 psychological evaluations; behavioral assessments; educational
28 assessments; aptitude testing; and vocational testing. To the
29 extent possible, the youth's parents or guardians and other
30 family members should be involved in the assessment and
31 evaluation process. All information, conclusions, treatment
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 recommendations, and reports derived from any assessment and
2 evaluation performed on a youth shall be included as a part of
3 the youth's commitment packet and shall accompany the youth to
4 the residential commitment facility in which the youth is
5 placed. The department shall work cooperatively with substance
6 abuse facilities, mental health providers, law enforcement
7 agencies, schools, health services providers, and other
8 entities involved with children to establish a juvenile
9 justice assessment center in each service district. The
10 assessment center shall serve as central intake and screening
11 for children referred to the department. Each juvenile justice
12 assessment center shall provide services needed to facilitate
13 initial screening of children, including intake and needs
14 assessment, substance abuse screening, physical and mental
15 health screening, and diagnostic testing, as appropriate. The
16 entities involved in the assessment center shall make the
17 resources for the provision of these services available at the
18 same level to which they are available to the general public.
19 Section 11. Section 985.21, Florida Statutes, is
20 amended to read:
21 985.21 Intake and case management.--
22 (1)(a) During the intake process, the juvenile
23 probation officer intake counselor shall screen each child to
24 determine:
25 1. Appropriateness for release, referral to a
26 diversionary program including, but not limited to, a
27 teen-court program, referral for community arbitration, or
28 referral to some other program or agency for the purpose of
29 nonofficial or nonjudicial handling.
30 2. The presence of medical, psychiatric,
31 psychological, substance abuse, educational problems, or other
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 conditions that may have caused the child to come to the
2 attention of law enforcement or the Department of Juvenile
3 Justice. In cases where such conditions are identified, and a
4 nonjudicial handling of the case is chosen, the juvenile
5 probation officer intake counselor shall attempt to refer the
6 child to a program or agency, together with all available and
7 relevant assessment information concerning the child's
8 precipitating condition.
9 3. The Department of Juvenile Justice shall develop an
10 intake and a case management system whereby a child brought
11 into intake is assigned a juvenile probation officer case
12 manager if the child was not released, referred to a
13 diversionary program, referred for community arbitration, or
14 referred to some other program or agency for the purpose of
15 nonofficial or nonjudicial handling, and shall make every
16 reasonable effort to provide continuity of case management
17 services for the child; provided, however, that case
18 management for children committed to residential programs may
19 be transferred as provided in s. 985.316.
20 4. In addition to duties specified in other sections
21 and through departmental rules, the assigned juvenile
22 probation officer case manager shall be responsible for the
23 following:
24 a. Ensuring that a risk assessment instrument
25 establishing the child's eligibility for detention has been
26 accurately completed and that the appropriate recommendation
27 was made to the court.
28 b. Inquiring as to whether the child understands his
29 or her rights to counsel and against self-incrimination.
30 c. Performing the preliminary screening and making
31 referrals for comprehensive assessment regarding the child's
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 need for substance abuse treatment services, mental health
2 services, retardation services, literacy services, or other
3 educational or treatment services.
4 d. Coordinating the multidisciplinary assessment when
5 required, which includes the classification and placement
6 process that determines the child's priority needs, risk
7 classification, and treatment plan. When sufficient evidence
8 exists to warrant a comprehensive assessment and the child
9 fails to voluntarily participate in the assessment efforts, it
10 is the responsibility of the juvenile probation officer case
11 manager to inform the court of the need for the assessment and
12 the refusal of the child to participate in such assessment.
13 This assessment, classification, and placement process shall
14 develop into the predisposition report.
15 e. Making recommendations for services and
16 facilitating the delivery of those services to the child,
17 including any mental health services, educational services,
18 family counseling services, family assistance services, and
19 substance abuse services. The juvenile probation officer
20 delinquency case manager shall serve as the primary case
21 manager for the purpose of managing, coordinating, and
22 monitoring the services provided to the child. Each program
23 administrator within the Department of Children and Family
24 Services shall cooperate with the primary case manager in
25 carrying out the duties and responsibilities described in this
26 section.
27
28 The Department of Juvenile Justice shall annually advise the
29 Legislature and the Executive Office of the Governor of the
30 resources needed in order for the intake and case management
31 system to maintain a staff-to-client ratio that is consistent
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 with accepted standards and allows the necessary supervision
2 and services for each child. The intake process and case
3 management system shall provide a comprehensive approach to
4 assessing the child's needs, relative risks, and most
5 appropriate handling, and shall be based on an individualized
6 treatment plan.
7 (b) The intake and case management system shall
8 facilitate consistency in the recommended placement of each
9 child, and in the assessment, classification, and placement
10 process, with the following purposes:
11 1. An individualized, multidisciplinary assessment
12 process that identifies the priority needs of each individual
13 child for rehabilitation and treatment and identifies any
14 needs of the child's parents or guardians for services that
15 would enhance their ability to provide adequate support,
16 guidance, and supervision for the child. This process shall
17 begin with the detention risk assessment instrument and
18 decision, shall include the intake preliminary screening and
19 comprehensive assessment for substance abuse treatment
20 services, mental health services, retardation services,
21 literacy services, and other educational and treatment
22 services as components, additional assessment of the child's
23 treatment needs, and classification regarding the child's
24 risks to the community and, for a serious or habitual
25 delinquent child, shall include the assessment for placement
26 in a serious or habitual delinquent children program pursuant
27 to s. 985.31. The completed multidisciplinary assessment
28 process shall result in the predisposition report.
29 2. A classification system that assigns a relative
30 risk to the child and the community based upon assessments
31 including the detention risk assessment results when available
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 to classify the child's risk as it relates to placement and
2 supervision alternatives.
3 3. An admissions process that facilitates for each
4 child the utilization of the treatment plan and setting most
5 appropriate to meet the child's programmatic needs and provide
6 the minimum program security needed to ensure public safety.
7 (2) The intake process shall be performed by the
8 department through a case management system. The purpose of
9 the intake process is to assess the child's needs and risks
10 and to determine the most appropriate treatment plan and
11 setting for the child's programmatic needs and risks. The
12 intake process shall result in choosing the most appropriate
13 services through a balancing of the interests and needs of the
14 child with those of the family and the public. The juvenile
15 probation officer intake counselor or case manager is
16 responsible for making informed decisions and recommendations
17 to other agencies, the state attorney, and the courts so that
18 the child and family may receive the least intrusive service
19 alternative throughout the judicial process. The department
20 shall establish uniform procedures for the juvenile probation
21 officer intake counselor or case manager to provide, prior to
22 the filing of a petition or as soon as possible thereafter and
23 prior to a disposition hearing, a preliminary screening of the
24 child and family for substance abuse and mental health
25 services.
26 (3) A report, affidavit, or complaint alleging that a
27 child has committed a delinquent act or violation of law shall
28 be made to the intake office operating in the county in which
29 the child is found or in which the delinquent act or violation
30 of law occurred. Any person or agency having knowledge of the
31 facts may make such a written report, affidavit, or complaint
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 and shall furnish to the intake office facts sufficient to
2 establish the jurisdiction of the court and to support a
3 finding by the court that the child has committed a delinquent
4 act or violation of law.
5 (4) The juvenile probation officer intake counselor or
6 case manager shall make a preliminary determination as to
7 whether the report, affidavit, or complaint is complete,
8 consulting with the state attorney as may be necessary. In any
9 case where the juvenile probation officer intake counselor or
10 case manager or the state attorney finds that the report,
11 affidavit, or complaint is insufficient by the standards for a
12 probable cause affidavit, the juvenile probation officer
13 intake counselor or case manager or state attorney shall
14 return the report, affidavit, or complaint, without delay, to
15 the person or agency originating the report, affidavit, or
16 complaint or having knowledge of the facts or to the
17 appropriate law enforcement agency having investigative
18 jurisdiction of the offense, and shall request, and the person
19 or agency shall promptly furnish, additional information in
20 order to comply with the standards for a probable cause
21 affidavit.
22 (a) The juvenile probation officer intake counselor or
23 case manager, upon determining that the report, affidavit, or
24 complaint is complete, may, in the case of a child who is
25 alleged to have committed a delinquent act or violation of
26 law, recommend that the state attorney file a petition of
27 delinquency or an information or seek an indictment by the
28 grand jury. However, such a recommendation is not a
29 prerequisite for any action taken by the state attorney.
30 (b) The juvenile probation officer intake counselor or
31 case manager, upon determining that the report, affidavit, or
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 complaint is complete, pursuant to uniform procedures
2 established by the department, shall:
3 1. When indicated by the preliminary screening,
4 provide for a comprehensive assessment of the child and family
5 for substance abuse problems, using community-based licensed
6 programs with clinical expertise and experience in the
7 assessment of substance abuse problems.
8 2. When indicated by the preliminary screening,
9 provide for a comprehensive assessment of the child and family
10 for mental health problems, using community-based
11 psychologists, psychiatrists, or other licensed mental health
12 professionals with clinical expertise and experience in the
13 assessment of mental health problems.
14
15 When indicated by the comprehensive assessment, the department
16 is authorized to contract within appropriated funds for
17 services with a local nonprofit community mental health or
18 substance abuse agency licensed or authorized under chapter
19 394, or chapter 397, or other authorized nonprofit social
20 service agency providing related services. The determination
21 of mental health or substance abuse services shall be
22 conducted in coordination with existing programs providing
23 mental health or substance abuse services in conjunction with
24 the intake office. Client information resulting from the
25 screening and evaluation shall be documented pursuant to rules
26 established by the department and shall serve to assist the
27 juvenile probation officer intake counselor or case manager in
28 providing the most appropriate services and recommendations in
29 the least intrusive manner. Such client information shall be
30 used in the multidisciplinary assessment and classification of
31 the child, but such information, and any information obtained
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 directly or indirectly through the assessment process, is
2 inadmissible in court prior to the disposition hearing, unless
3 the child's written consent is obtained. At the disposition
4 hearing, documented client information shall serve to assist
5 the court in making the most appropriate custody,
6 adjudicatory, and dispositional decision. If the screening and
7 assessment indicate that the interest of the child and the
8 public will be best served thereby, the juvenile probation
9 officer intake counselor or case manager, with the approval of
10 the state attorney, may refer the child for care, diagnostic
11 and evaluation services, substance abuse treatment services,
12 mental health services, retardation services, a diversionary
13 or arbitration or mediation program, community service work,
14 or other programs or treatment services voluntarily accepted
15 by the child and the child's parents or legal guardians. The
16 victim, if any, and the law enforcement agency which
17 investigated the offense shall be notified immediately by the
18 state attorney of the action taken under this paragraph.
19 Whenever a child volunteers to participate in any work program
20 under this chapter or volunteers to work in a specified state,
21 county, municipal, or community service organization
22 supervised work program or to work for the victim, the child
23 shall be considered an employee of the state for the purposes
24 of liability. In determining the child's average weekly wage,
25 unless otherwise determined by a specific funding program, all
26 remuneration received from the employer is considered a
27 gratuity, and the child is not entitled to any benefits
28 otherwise payable under s. 440.15, regardless of whether the
29 child may be receiving wages and remuneration from other
30 employment with another employer and regardless of the child's
31 future wage-earning capacity.
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (c) The juvenile probation officer intake counselor or
2 case manager, upon determining that the report, affidavit, or
3 complaint complies with the standards of a probable cause
4 affidavit and that the interest of the child and the public
5 will be best served, may recommend that a delinquency petition
6 not be filed. If such a recommendation is made, the juvenile
7 probation officer intake counselor or case manager shall
8 advise in writing the person or agency making the report,
9 affidavit, or complaint, the victim, if any, and the law
10 enforcement agency having investigative jurisdiction of the
11 offense of the recommendation and the reasons therefor; and
12 that the person or agency may submit, within 10 days after the
13 receipt of such notice, the report, affidavit, or complaint to
14 the state attorney for special review. The state attorney,
15 upon receiving a request for special review, shall consider
16 the facts presented by the report, affidavit, or complaint,
17 and by the juvenile probation officer intake counselor or case
18 manager who made the recommendation that no petition be filed,
19 before making a final decision as to whether a petition or
20 information should or should not be filed.
21 (d) In all cases in which the child is alleged to have
22 committed a violation of law or delinquent act and is not
23 detained, the juvenile probation officer intake counselor or
24 case manager shall submit a written report to the state
25 attorney, including the original report, complaint, or
26 affidavit, or a copy thereof, including a copy of the child's
27 prior juvenile record, within 20 days after the date the child
28 is taken into custody. In cases in which the child is in
29 detention, the intake office report must be submitted within
30 24 hours after the child is placed into detention. The intake
31 office report must recommend either that a petition or
28
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 information be filed or that no petition or information be
2 filed, and must set forth reasons for the recommendation.
3 (e) The state attorney may in all cases take action
4 independent of the action or lack of action of the juvenile
5 probation officer intake counselor or case manager, and shall
6 determine the action which is in the best interest of the
7 public and the child. If the child meets the criteria
8 requiring prosecution as an adult pursuant to s. 985.226, the
9 state attorney shall request the court to transfer and certify
10 the child for prosecution as an adult or shall provide written
11 reasons to the court for not making such request. In all other
12 cases, the state attorney may:
13 1. File a petition for dependency;
14 2. File a petition pursuant to chapter 984;
15 3. File a petition for delinquency;
16 4. File a petition for delinquency with a motion to
17 transfer and certify the child for prosecution as an adult;
18 5. File an information pursuant to s. 985.227;
19 6. Refer the case to a grand jury;
20 7. Refer the child to a diversionary, pretrial
21 intervention, arbitration, or mediation program, or to some
22 other treatment or care program if such program commitment is
23 voluntarily accepted by the child or the child's parents or
24 legal guardians; or
25 8. Decline to file.
26 (f) In cases in which a delinquency report, affidavit,
27 or complaint is filed by a law enforcement agency and the
28 state attorney determines not to file a petition, the state
29 attorney shall advise the clerk of the circuit court in
30 writing that no petition will be filed thereon.
31 (5) Prior to requesting that a delinquency petition be
29
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 filed or prior to filing a dependency petition, the juvenile
2 probation officer intake officer may request the parent or
3 legal guardian of the child to attend a course of instruction
4 in parenting skills, training in conflict resolution, and the
5 practice of nonviolence; to accept counseling; or to receive
6 other assistance from any agency in the community which
7 notifies the clerk of the court of the availability of its
8 services. Where appropriate, the juvenile probation officer
9 intake officer shall request both parents or guardians to
10 receive such parental assistance. The juvenile probation
11 officer intake officer may, in determining whether to request
12 that a delinquency petition be filed, take into consideration
13 the willingness of the parent or legal guardian to comply with
14 such request.
15 Section 12. Subsections (3), (4), and (6) of section
16 985.211, Florida Statutes, are amended to read:
17 985.211 Release or delivery from custody.--
18 (3) If the child is released, the person taking the
19 child into custody shall make a written report or probable
20 cause affidavit to the appropriate juvenile probation officer
21 intake counselor or case manager within 3 days, stating the
22 facts and the reason for taking the child into custody. Such
23 written report or probable cause affidavit shall:
24 (a) Identify the child, the parents, guardian, or
25 legal custodian, and the person to whom the child was
26 released.
27 (b) Contain sufficient information to establish the
28 jurisdiction of the court and to make a prima facie showing
29 that the child has committed a violation of law or a
30 delinquent act.
31 (4) A person taking a child into custody who
30
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 determines, pursuant to s. 985.215, that the child should be
2 detained or released to a shelter designated by the
3 department, shall make a reasonable effort to immediately
4 notify the parent, guardian, or legal custodian of the child
5 and shall, without unreasonable delay, deliver the child to
6 the appropriate juvenile probation officer intake counselor or
7 case manager or, if the court has so ordered pursuant to s.
8 985.215, to a detention center or facility. Upon delivery of
9 the child, the person taking the child into custody shall make
10 a written report or probable cause affidavit to the
11 appropriate juvenile probation officer intake counselor or
12 case manager. Such written report or probable cause affidavit
13 must:
14 (a) Identify the child and, if known, the parents,
15 guardian, or legal custodian.
16 (b) Establish that the child was legally taken into
17 custody, with sufficient information to establish the
18 jurisdiction of the court and to make a prima facie showing
19 that the child has committed a violation of law.
20 (6)(a) A copy of the probable cause affidavit or
21 written report by a law enforcement agency shall be filed, by
22 the law enforcement agency making such affidavit or written
23 report, with the clerk of the circuit court for the county in
24 which the child is taken into custody or in which the
25 affidavit or report is made within 24 hours after the child is
26 taken into custody and detained, within 1 week after the child
27 is taken into custody and released, or within 1 week after the
28 affidavit or report is made, excluding Saturdays, Sundays, and
29 legal holidays. Such affidavit or report is a case for the
30 purpose of assigning a uniform case number pursuant to this
31 subsection.
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (b) Upon the filing of a copy of a probable cause
2 affidavit or written report by a law enforcement agency with
3 the clerk of the circuit court, the clerk shall immediately
4 assign a uniform case number to the affidavit or report,
5 forward a copy to the state attorney, and forward a copy to
6 the intake office of the department which serves the county in
7 which the case arose.
8 (c) Each letter of recommendation, written notice,
9 report, or other paper required by law pertaining to the case
10 shall bear the uniform case number of the case, and a copy
11 shall be filed with the clerk of the circuit court by the
12 issuing agency. The issuing agency shall furnish copies to
13 the juvenile probation officer intake counselor or case
14 manager and the state attorney.
15 (d) Upon the filing of a petition based on the
16 allegations of a previously filed probable cause affidavit or
17 written report, the agency filing the petition shall include
18 the appropriate uniform case number on the petition.
19 Section 13. Section 985.215, Florida Statutes, is
20 amended to read:
21 985.215 Detention.--
22 (1) The juvenile probation officer intake counselor or
23 case manager shall receive custody of a child who has been
24 taken into custody from the law enforcement agency and shall
25 review the facts in the law enforcement report or probable
26 cause affidavit and make such further inquiry as may be
27 necessary to determine whether detention care is required.
28 (a) During the period of time from the taking of the
29 child into custody to the date of the detention hearing, the
30 initial decision as to the child's placement into secure
31 detention care, nonsecure detention care, or home detention
32
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 care shall be made by the juvenile probation officer intake
2 counselor or case manager pursuant to ss. 985.213 and 985.214.
3 (b) The juvenile probation officer intake counselor or
4 case manager shall base the decision whether or not to place
5 the child into secure detention care, home detention care, or
6 nonsecure detention care on an assessment of risk in
7 accordance with the risk assessment instrument and procedures
8 developed by the Department of Juvenile Justice under s.
9 985.213.
10 (c) If the juvenile probation officer intake counselor
11 or case manager determines that a child who is eligible for
12 detention based upon the results of the risk assessment
13 instrument should be released, the juvenile probation officer
14 intake counselor or case manager shall contact the state
15 attorney, who may authorize release. If detention is not
16 authorized, the child may be released by the juvenile
17 probation officer intake counselor or case manager in
18 accordance with s. 985.211.
19
20 Under no circumstances shall the juvenile probation officer
21 intake counselor or case manager or the state attorney or law
22 enforcement officer authorize the detention of any child in a
23 jail or other facility intended or used for the detention of
24 adults, without an order of the court.
25 (2) Subject to the provisions of subsection (1), a
26 child taken into custody and placed into nonsecure or home
27 detention care or detained in secure detention care prior to a
28 detention hearing may continue to be detained by the court if:
29 (a) The child is alleged to be an escapee or an
30 absconder from a commitment program, a community control
31 program, furlough, or aftercare supervision, or is alleged to
33
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 have escaped while being lawfully transported to or from such
2 program or supervision.
3 (b) The child is wanted in another jurisdiction for an
4 offense which, if committed by an adult, would be a felony.
5 (c) The child is charged with a delinquent act or
6 violation of law and requests in writing through legal counsel
7 to be detained for protection from an imminent physical threat
8 to his or her personal safety.
9 (d) The child is charged with committing an offense of
10 domestic violence as defined in s. 741.28(1) and is detained
11 as provided in s. 985.213(2)(b)3.
12 (e) The child is charged with a capital felony, a life
13 felony, a felony of the first degree, a felony of the second
14 degree that does not involve a violation of chapter 893, or a
15 felony of the third degree that is also a crime of violence,
16 including any such offense involving the use or possession of
17 a firearm.
18 (f) The child is charged with any second degree or
19 third degree felony involving a violation of chapter 893 or
20 any third degree felony that is not also a crime of violence,
21 and the child:
22 1. Has a record of failure to appear at court hearings
23 after being properly notified in accordance with the Rules of
24 Juvenile Procedure;
25 2. Has a record of law violations prior to court
26 hearings;
27 3. Has already been detained or has been released and
28 is awaiting final disposition of the case;
29 4. Has a record of violent conduct resulting in
30 physical injury to others; or
31 5. Is found to have been in possession of a firearm.
34
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (g) The child is alleged to have violated the
2 conditions of the child's community control or aftercare
3 supervision. However, a child detained under this paragraph
4 may be held only in a consequence unit as provided in s.
5 985.231(1)(a)1.c. If a consequence unit is not available, the
6 child shall be placed on home detention with electronic
7 monitoring.
8
9 A child who meets any of these criteria and who is ordered to
10 be detained pursuant to this subsection shall be given a
11 hearing within 24 hours after being taken into custody. The
12 purpose of the detention hearing is to determine the existence
13 of probable cause that the child has committed the delinquent
14 act or violation of law with which he or she is charged and
15 the need for continued detention. Unless a child is detained
16 under paragraph (d), the court shall utilize the results of
17 the risk assessment performed by the juvenile probation
18 officer intake counselor or case manager and, based on the
19 criteria in this subsection, shall determine the need for
20 continued detention. A child placed into secure, nonsecure, or
21 home detention care may continue to be so detained by the
22 court pursuant to this subsection. If the court orders a
23 placement more restrictive than indicated by the results of
24 the risk assessment instrument, the court shall state, in
25 writing, clear and convincing reasons for such placement.
26 Except as provided in s. 790.22(8) or in subparagraph
27 (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
28 (10)(d), when a child is placed into secure or nonsecure
29 detention care, or into a respite home or other placement
30 pursuant to a court order following a hearing, the court order
31 must include specific instructions that direct the release of
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Amendment No. 01 (for drafter's use only)
1 the child from such placement no later than 5 p.m. on the last
2 day of the detention period specified in paragraph (5)(b) or
3 paragraph (5)(c), or subparagraph (10)(a)1., whichever is
4 applicable, unless the requirements of such applicable
5 provision have been met or an order of continuance has been
6 granted pursuant to paragraph (5)(d).
7 (3) Except in emergency situations, a child may not be
8 placed into or transported in any police car or similar
9 vehicle that at the same time contains an adult under arrest,
10 unless the adult is alleged or believed to be involved in the
11 same offense or transaction as the child.
12 (4) The court shall order the delivery of a child to a
13 jail or other facility intended or used for the detention of
14 adults:
15 (a) When the child has been transferred or indicted
16 for criminal prosecution as an adult pursuant to this part,
17 except that the court may not order or allow a child alleged
18 to have committed a misdemeanor who is being transferred for
19 criminal prosecution pursuant to either s. 985.226 or s.
20 985.227 to be detained or held in a jail or other facility
21 intended or used for the detention of adults; however, such
22 child may be held temporarily in a detention facility; or
23 (b) When a child taken into custody in this state is
24 wanted by another jurisdiction for prosecution as an adult.
25
26 The child shall be housed separately from adult inmates to
27 prohibit a child from having regular contact with incarcerated
28 adults, including trustees. "Regular contact" means sight and
29 sound contact. Separation of children from adults shall permit
30 no more than haphazard or accidental contact. The receiving
31 jail or other facility shall contain a separate section for
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Amendment No. 01 (for drafter's use only)
1 children and shall have an adequate staff to supervise and
2 monitor the child's activities at all times. Supervision and
3 monitoring of children includes physical observation and
4 documented checks by jail or receiving facility supervisory
5 personnel at intervals not to exceed 15 minutes. This
6 paragraph does not prohibit placing two or more children in
7 the same cell. Under no circumstances shall a child be placed
8 in the same cell with an adult.
9 (5)(a) A child may not be placed into or held in
10 secure, nonsecure, or home detention care for longer than 24
11 hours unless the court orders such detention care, and the
12 order includes specific instructions that direct the release
13 of the child from such detention care, in accordance with
14 subsection (2). The order shall be a final order, reviewable
15 by appeal pursuant to s. 985.234 and the Florida Rules of
16 Appellate Procedure. Appeals of such orders shall take
17 precedence over other appeals and other pending matters.
18 (b) A child may not be held in secure, nonsecure, or
19 home detention care under a special detention order for more
20 than 21 days unless an adjudicatory hearing for the case has
21 been commenced by the court.
22 (c) A child may not be held in secure, nonsecure, or
23 home detention care for more than 15 days following the entry
24 of an order of adjudication.
25 (d) The time limits in paragraphs (b) and (c) do not
26 include periods of delay resulting from a continuance granted
27 by the court for cause on motion of the child or his or her
28 counsel or of the state. Upon the issuance of an order
29 granting a continuance for cause on a motion by either the
30 child, the child's counsel, or the state, the court shall
31 conduct a hearing at the end of each 72-hour period, excluding
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Amendment No. 01 (for drafter's use only)
1 Saturdays, Sundays, and legal holidays, to determine the need
2 for continued detention of the child and the need for further
3 continuance of proceedings for the child or the state.
4 (6) When any child is placed into secure, nonsecure,
5 or home detention care or into other placement pursuant to a
6 court order following a detention hearing, the court shall
7 order the natural or adoptive parents of such child, the
8 natural father of such child born out of wedlock who has
9 acknowledged his paternity in writing before the court, or the
10 guardian of such child's estate, if possessed of assets which
11 under law may be disbursed for the care, support, and
12 maintenance of the child, to pay to the Department of Juvenile
13 Justice, or institution having custody of the child, fees
14 equal to the actual cost of the care, support, and maintenance
15 of the child, as established by the Department of Juvenile
16 Justice, unless the court determines that the parent or
17 guardian of the child is indigent. The court may reduce the
18 fees or waive the fees upon a showing by the parent or
19 guardian of an inability to pay the full cost of the care,
20 support, and maintenance of the child. In addition, the court
21 may waive the fees if it finds that the child's parent or
22 guardian was the victim of the child's delinquent act or
23 violation of law or if the court finds that the parent or
24 guardian has made a diligent and good faith effort to prevent
25 the child from engaging in the delinquent act or violation of
26 law. With respect to a child who has been found to have
27 committed a delinquent act or violation of law, whether or not
28 adjudication is withheld, and whose parent or guardian
29 receives public assistance for any portion of that child's
30 care, the department must seek a federal waiver to garnish or
31 otherwise order the payments of the portion of the public
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Amendment No. 01 (for drafter's use only)
1 assistance relating to that child to offset the costs of
2 providing care, custody, maintenance, rehabilitation,
3 intervention, or corrective services to the child. When the
4 order affects the guardianship estate, a certified copy of the
5 order shall be delivered to the judge having jurisdiction of
6 the guardianship estate. The department may employ a
7 collection agency for the purpose of receiving, collecting,
8 and managing the payment of unpaid and delinquent fees. The
9 collection agency must be registered and in good standing
10 under chapter 559. The department may pay to the collection
11 agency a fee from the amount collected under the claim or may
12 authorize the agency to deduct the fee from the amount
13 collected.
14 (7) If a child is detained and a petition for
15 delinquency is filed, the child shall be arraigned in
16 accordance with the Florida Rules of Juvenile Procedure within
17 48 hours after the filing of the petition for delinquency.
18 (8) If a child is detained pursuant to this section,
19 the Department of Juvenile Justice may transfer the child from
20 nonsecure or home detention care to secure detention care only
21 if significantly changed circumstances warrant such transfer.
22 (9) If a child is on release status and not detained
23 pursuant to this section, the child may be placed into secure,
24 nonsecure, or home detention care only pursuant to a court
25 hearing in which the original risk assessment instrument,
26 rescored based on newly discovered evidence or changed
27 circumstances with the results recommending detention, is
28 introduced into evidence.
29 (10)(a)1. When a child is committed to the Department
30 of Juvenile Justice awaiting dispositional placement, removal
31 of the child from detention care shall occur within 5 days,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 excluding Saturdays, Sundays, and legal holidays. Any child
2 held in secure detention during the 5 days must meet detention
3 admission criteria pursuant to this section. If the child is
4 committed to a low-risk residential program or a moderate-risk
5 residential program, the department may seek an order from the
6 court authorizing continued detention for a specific period of
7 time necessary for the appropriate residential placement of
8 the child. However, such continued detention in secure
9 detention care may not exceed 15 days after commitment,
10 excluding Saturdays, Sundays, and legal holidays, and except
11 as otherwise provided in this subsection.
12 2. The court must place all children who are
13 adjudicated and awaiting placement in a residential commitment
14 program in detention care. Children who are in home detention
15 care or nonsecure detention care may be placed on electronic
16 monitoring. A child committed to a moderate-risk residential
17 program may be held in a juvenile assignment center pursuant
18 to s. 985.307 until placement or commitment is accomplished.
19 (b) A child who is placed in home detention care,
20 nonsecure detention care, or home or nonsecure detention care
21 with electronic monitoring, while awaiting placement in a
22 low-risk or moderate-risk program, may be held in secure
23 detention care for 5 days, if the child violates the
24 conditions of the home detention care, the nonsecure detention
25 care, or the electronic monitoring agreement. For any
26 subsequent violation, the court may impose an additional 5
27 days in secure detention care.
28 (c) If the child is committed to a high-risk
29 residential program, the child must be held in detention care
30 or in a juvenile assignment center pursuant to s. 985.307
31 until placement or commitment is accomplished.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (d) If the child is committed to a maximum-risk
2 residential program, the child must be held in detention care
3 or in an assignment center pursuant to s. 985.307 until
4 placement or commitment is accomplished.
5 (e) Upon specific appropriation, the department may
6 obtain comprehensive evaluations, including, but not limited
7 to, medical, academic, psychological, behavioral,
8 sociological, and vocational needs of a youth with multiple
9 arrests for all level criminal acts or a youth committed to a
10 minimum-risk or low-risk commitment program.
11 (11)(a) When a juvenile sexual offender is placed in
12 detention, detention staff shall provide appropriate
13 monitoring and supervision to ensure the safety of other
14 children in the facility.
15 (b) When a juvenile sexual offender, pursuant to this
16 subsection, is released from detention or transferred to home
17 detention or nonsecure detention, detention staff shall
18 immediately notify the appropriate law enforcement agency and
19 school personnel.
20 Section 14. Paragraph (a) of subsection (1) of section
21 985.231, Florida Statutes, is amended to read:
22 985.231 Powers of disposition in delinquency cases.--
23 (1)(a) The court that has jurisdiction of an
24 adjudicated delinquent child may, by an order stating the
25 facts upon which a determination of a sanction and
26 rehabilitative program was made at the disposition hearing:
27 1. Place the child in a community control program or
28 an aftercare program under the supervision of an authorized
29 agent of the Department of Juvenile Justice or of any other
30 person or agency specifically authorized and appointed by the
31 court, whether in the child's own home, in the home of a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 relative of the child, or in some other suitable place under
2 such reasonable conditions as the court may direct. A
3 community control program for an adjudicated delinquent child
4 must include a penalty component such as restitution in money
5 or in kind, community service, a curfew, revocation or
6 suspension of the driver's license of the child, or other
7 nonresidential punishment appropriate to the offense and must
8 also include a rehabilitative program component such as a
9 requirement of participation in substance abuse treatment or
10 in school or other educational program.
11 a. A restrictiveness level classification scale for
12 levels of supervision shall be provided by the department,
13 taking into account the child's needs and risks relative to
14 community control supervision requirements to reasonably
15 ensure the public safety. Community control programs for
16 children shall be supervised by the department or by any other
17 person or agency specifically authorized by the court. These
18 programs must include, but are not limited to, structured or
19 restricted activities as described in this subparagraph, and
20 shall be designed to encourage the child toward acceptable and
21 functional social behavior. If supervision or a program of
22 community service is ordered by the court, the duration of
23 such supervision or program must be consistent with any
24 treatment and rehabilitation needs identified for the child
25 and may not exceed the term for which sentence could be
26 imposed if the child were committed for the offense, except
27 that the duration of such supervision or program for an
28 offense that is a misdemeanor of the second degree, or is
29 equivalent to a misdemeanor of the second degree, may be for a
30 period not to exceed 6 months. When restitution is ordered by
31 the court, the amount of restitution may not exceed an amount
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 the child and the parent or guardian could reasonably be
2 expected to pay or make. A child who participates in any work
3 program under this part is considered an employee of the state
4 for purposes of liability, unless otherwise provided by law.
5 b. The court may conduct judicial review hearings for
6 a child placed on community control for the purpose of
7 fostering accountability to the judge and compliance with
8 other requirements, such as restitution and community service.
9 The court may allow early termination of community control for
10 a child who has substantially complied with the terms and
11 conditions of community control.
12 c. If the conditions of the community control program
13 or the aftercare program are violated, the agent supervising
14 the program as it relates to the child involved, or the state
15 attorney, may bring the child before the court on a petition
16 alleging a violation of the program. Any child who violates
17 the conditions of community control or aftercare must be
18 brought before the court if sanctions are sought. A child
19 taken into custody under s. 985.207 s. 39.037 for violating
20 the conditions of community control or aftercare shall be held
21 in a consequence unit if such a unit is available. The child
22 shall be afforded a hearing within 24 hours after being taken
23 into custody to determine the existence of probable cause that
24 the child violated the conditions of community control or
25 aftercare. A consequence unit is a secure facility
26 specifically designated by the department for children who are
27 taken into custody under s. 985.207 for violating community
28 control or aftercare, or who have been found by the court to
29 have violated the conditions of community control or
30 aftercare. If the violation involves a new charge of
31 delinquency, the child may be detained under s. 985.215 in a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 facility other than a consequence unit. If the child is not
2 eligible for detention for the new charge of delinquency, the
3 child may be held in the consequence unit pending a hearing
4 and is subject to the time limitations specified in s.
5 985.215. If the child denies violating the conditions of
6 community control or aftercare, the court shall appoint
7 counsel to represent the child at the child's request. Upon
8 the child's admission, or if the court finds after a hearing
9 that the child has violated the conditions of community
10 control or aftercare, the court shall enter an order revoking,
11 modifying, or continuing community control or aftercare. In
12 each such case, the court shall enter a new disposition order
13 and, in addition to the sanctions set forth in this paragraph,
14 may impose any sanction the court could have imposed at the
15 original disposition hearing. If the child is found to have
16 violated the conditions of community control or aftercare, the
17 court may:
18 (I) Place the child in a consequence unit in that
19 judicial circuit, if available, for up to 5 days for a first
20 violation, and up to 15 days for a second or subsequent
21 violation.
22 (II) Place the child on home detention with electronic
23 monitoring. However, this sanction may be used only if a
24 residential consequence unit is not available.
25 (III) Modify or continue the child's community control
26 program or aftercare program.
27 (IV) Revoke community control or aftercare and commit
28 the child to the department.
29 d. Notwithstanding s. 743.07 and paragraph (d), and
30 except as provided in s. 985.31, the term of any order placing
31 a child in a community control program must be until the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 child's 19th birthday unless he or she is released by the
2 court, on the motion of an interested party or on its own
3 motion.
4 2. Commit the child to a licensed child-caring agency
5 willing to receive the child, but the court may not commit the
6 child to a jail or to a facility used primarily as a detention
7 center or facility or shelter.
8 3. Commit the child to the Department of Juvenile
9 Justice at a restrictiveness level defined in s. 985.03(45).
10 Such commitment must be for the purpose of exercising active
11 control over the child, including, but not limited to,
12 custody, care, training, urine monitoring, and treatment of
13 the child and furlough of the child into the community.
14 Notwithstanding s. 743.07 and paragraph (d), and except as
15 provided in s. 985.31, the term of the commitment must be
16 until the child is discharged by the department or until he or
17 she reaches the age of 21.
18 4. Revoke or suspend the driver's license of the
19 child.
20 5. Require the child and, if the court finds it
21 appropriate, the child's parent or guardian together with the
22 child, to render community service in a public service
23 program.
24 6. As part of the community control program to be
25 implemented by the Department of Juvenile Justice, or, in the
26 case of a committed child, as part of the community-based
27 sanctions ordered by the court at the disposition hearing or
28 before the child's release from commitment, order the child to
29 make restitution in money, through a promissory note cosigned
30 by the child's parent or guardian, or in kind for any damage
31 or loss caused by the child's offense in a reasonable amount
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 or manner to be determined by the court. The clerk of the
2 circuit court shall be the receiving and dispensing agent. In
3 such case, the court shall order the child or the child's
4 parent or guardian to pay to the office of the clerk of the
5 circuit court an amount not to exceed the actual cost incurred
6 by the clerk as a result of receiving and dispensing
7 restitution payments. The clerk shall notify the court if
8 restitution is not made, and the court shall take any further
9 action that is necessary against the child or the child's
10 parent or guardian. A finding by the court, after a hearing,
11 that the parent or guardian has made diligent and good faith
12 efforts to prevent the child from engaging in delinquent acts
13 absolves the parent or guardian of liability for restitution
14 under this subparagraph.
15 7. Order the child and, if the court finds it
16 appropriate, the child's parent or guardian together with the
17 child, to participate in a community work project, either as
18 an alternative to monetary restitution or as part of the
19 rehabilitative or community control program.
20 8. Commit the child to the Department of Juvenile
21 Justice for placement in a program or facility for serious or
22 habitual juvenile offenders in accordance with s. 985.31. Any
23 commitment of a child to a program or facility for serious or
24 habitual juvenile offenders must be for an indeterminate
25 period of time, but the time may not exceed the maximum term
26 of imprisonment that an adult may serve for the same offense.
27 The court may retain jurisdiction over such child until the
28 child reaches the age of 21, specifically for the purpose of
29 the child completing the program.
30 9. In addition to the sanctions imposed on the child,
31 order the parent or guardian of the child to perform community
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 service if the court finds that the parent or guardian did not
2 make a diligent and good faith effort to prevent the child
3 from engaging in delinquent acts. The court may also order the
4 parent or guardian to make restitution in money or in kind for
5 any damage or loss caused by the child's offense. The court
6 shall determine a reasonable amount or manner of restitution,
7 and payment shall be made to the clerk of the circuit court as
8 provided in subparagraph 6.
9 10. Subject to specific appropriation, commit the
10 juvenile sexual offender to the Department of Juvenile Justice
11 for placement in a program or facility for juvenile sexual
12 offenders in accordance with s. 985.308. Any commitment of a
13 juvenile sexual offender to a program or facility for juvenile
14 sexual offenders must be for an indeterminate period of time,
15 but the time may not exceed the maximum term of imprisonment
16 that an adult may serve for the same offense. The court may
17 retain jurisdiction over a juvenile sexual offender until the
18 juvenile sexual offender reaches the age of 21, specifically
19 for the purpose of completing the program.
20 Section 15. Paragraph (a) of subsection (2) of section
21 985.216, Florida Statutes, is amended to read:
22 985.216 Punishment for contempt of court; alternative
23 sanctions.--
24 (2) PLACEMENT IN A SECURE FACILITY.--A child may be
25 placed in a secure facility for purposes of punishment for
26 contempt of court if alternative sanctions are unavailable or
27 inappropriate, or if the child has already been ordered to
28 serve an alternative sanction but failed to comply with the
29 sanction.
30 (a) A delinquent child who has been held in direct or
31 indirect contempt may be placed in a secure detention facility
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 for 5 days for a first offense or 15 days for a second or
2 subsequent offense, or in a secure residential commitment
3 facility.
4 Section 16. Section 985.223, Florida Statutes, is
5 amended to read:
6 985.223 Incompetency in juvenile delinquency cases.--
7 (1) If, at any time prior to or during a delinquency
8 case involving a delinquent act or violation of law that would
9 be a felony if committed by an adult, the court has reason to
10 believe that the child named in the petition may be
11 incompetent to proceed with the hearing, the court on its own
12 motion may, or on the motion of the child's attorney or state
13 attorney must, stay all proceedings and order an evaluation of
14 the child's mental condition.
15 (a) Any motion questioning the child's competency to
16 proceed must be served upon the child's attorney, the state
17 attorney, the attorneys representing the Department of
18 Juvenile Justice, and the attorneys representing the
19 Department of Children and Family Services. Thereafter, any
20 motion, notice of hearing, order, or other legal pleading
21 relating to the child's competency to proceed with the hearing
22 must be served upon the child's attorney, the state attorney,
23 the attorneys representing the Department of Juvenile Justice,
24 and the attorneys representing the Department of Children and
25 Family Services.
26 (b)(a) All determinations of competency shall be made
27 at a hearing, with findings of fact based on an evaluation of
28 the child's mental condition made by not less than two nor
29 more than three experts appointed by the court. The basis for
30 If the determination of incompetency is based on the presence
31 of a mental illness or mental retardation, this must be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 specifically stated in the evaluation. In addition, a
2 recommendation as to whether residential or nonresidential
3 treatment or training is required must be included in the
4 evaluation. Experts appointed by the court to determine the
5 mental condition of a child shall be allowed reasonable fees
6 for services rendered. State employees may be paid expenses
7 pursuant to s. 112.061. The fees shall be taxed as costs in
8 the case.
9 (c) All court orders determining incompetency must
10 include specific written findings by the court as to the
11 nature of the incompetency and whether the child requires
12 secure or nonsecure treatment or training environments.
13 (d)(b) For incompetency evaluations related to mental
14 illness, the Department of Children and Family Services shall
15 annually provide the courts with a list of mental health
16 professionals who have completed a training program approved
17 by the Department of Children and Family Services to perform
18 the evaluations.
19 (e)(c) For incompetency evaluations related to mental
20 retardation, the court shall order the Developmental Services
21 Program Office within the Department of Children and Family
22 Services to examine the child to determine if the child meets
23 the definition of "retardation" in s. 393.063 and, if so,
24 whether the child is competent to proceed with delinquency
25 proceedings.
26 (f)(d) A child is competent to proceed if the child
27 has sufficient present ability to consult with counsel with a
28 reasonable degree of rational understanding and the child has
29 a rational and factual understanding of the present
30 proceedings. The report must address the child's capacity to:
31 1. Appreciate the charges or allegations against the
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 child.
2 2. Appreciate the range and nature of possible
3 penalties that may be imposed in the proceedings against the
4 child, if applicable.
5 3. Understand the adversarial nature of the legal
6 process.
7 4. Disclose to counsel facts pertinent to the
8 proceedings at issue.
9 5. Display appropriate courtroom behavior.
10 6. Testify relevantly.
11 (g) Immediately upon the filing of the court order
12 finding a child incompetent to proceed, the clerk of the court
13 shall notify the Department of Children and Family Services
14 and fax or hand deliver to the Department of Children and
15 Family Services a referral packet which includes, at a
16 minimum, the court order, the charging documents, the
17 petition, and the court-appointed evaluator's reports.
18 (h) After placement of the child in the appropriate
19 setting, the Department of Children and Family Services must,
20 within 30 days after the Department of Children and Family
21 Services places the child, prepare and submit to the court a
22 treatment plan for the child's restoration of competency. A
23 copy of the treatment plan must be served upon the child's
24 attorney, the state attorney, and the attorneys representing
25 the Department of Juvenile Justice.
26 (2) A Every child who is mentally ill or retarded, who
27 is adjudicated incompetent to proceed, and who has committed a
28 delinquent act or violation of law, either of which would be a
29 felony if committed by an adult, must may be involuntarily
30 committed to the Department of Children and Family Services
31 for treatment or training. A child who has been adjudicated
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 incompetent to proceed because of age or immaturity, or for
2 any reason other than for mental illness or retardation, must
3 not be committed to the department or to the Department of
4 Children and Family Services for restoration-of-competency
5 treatment or training services. upon a finding by the court of
6 clear and convincing evidence that: For purposes of this
7 section, a child who has committed a delinquent act or
8 violation of law, either of which would be a misdemeanor if
9 committed by an adult, may not be committed to the department
10 or to the Department of Children and Family Services for
11 restoration-of-competency treatment or training services.
12 (3) If the court finds that a child is mentally ill or
13 retarded and adjudicates the child incompetent to proceed, the
14 court must also determine whether the child meets the criteria
15 for secure placement. A child may be placed in a secure
16 facility or program if the court makes a finding by clear and
17 convincing evidence that:
18 (a) The child is mentally ill and because of the
19 mental illness; or the child is mentally retarded and because
20 of the mental retardation:
21 1. The child is manifestly incapable of surviving with
22 the help of willing and responsible family or friends,
23 including available alternative services, and without
24 treatment or training the child is likely to either suffer
25 from neglect or refuse to care for self, and such neglect or
26 refusal poses a real and present threat of substantial harm to
27 the child's well-being; or
28 2. There is a substantial likelihood that in the near
29 future the child will inflict serious bodily harm on self or
30 others, as evidenced by recent behavior causing, attempting,
31 or threatening such harm; and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (b) All available less restrictive alternatives,
2 including treatment or training in community residential
3 facilities or community inpatient or outpatient settings which
4 would offer an opportunity for improvement of the child's
5 condition, are inappropriate.
6 (4)(3) A Each child who is determined to be mentally
7 ill or retarded, who has been adjudicated incompetent to
8 proceed, and who meets the criteria set forth for commitment
9 in subsection (3)(2), must be committed to the Department of
10 Children and Family Services, and the Department of Children
11 and Family Services that department may retain, and if it
12 retains must treat or train the child in a secure facility or
13 program which is the least restrictive alternative consistent
14 with public safety. Any placement commitment of a child to a
15 secure residential program must be separate from adult
16 forensic programs. If the child attains competency, then
17 custody, case management, and supervision of the child will be
18 transferred to the department in order to continue delinquency
19 proceedings; however, the court retains authority to order the
20 Department of Children and Family Services to provide
21 continued treatment to maintain competency.
22 (a) A child adjudicated incompetent due to mental
23 retardation may be ordered into a secure program or facility
24 designated by the Department of Children and Family Services
25 for retarded children.
26 (b) A child adjudicated incompetent due to mental
27 illness may be ordered into a secure program or facility
28 designated by the Department of Children and Family Services
29 for mentally ill children.
30 (c) Whenever a child is placed in a secure residential
31 facility, the department will provide transportation to the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 secure residential facility for admission and from the secure
2 residential facility upon discharge.
3 (d) The purpose of the treatment or training is the
4 restoration of the child's competency to proceed.
5 (e)(c) The service provider must file a written report
6 with the court pursuant to the applicable Florida Rules of
7 Juvenile Procedure not later than 6 months after the date of
8 commitment, or at the end of any period of extended treatment
9 or training, and or at any time the Department of Children and
10 Family Services, through its service provider determines the
11 child has attained competency or no longer meets the criteria
12 for secure placement, or at such shorter intervals as ordered
13 by the court commitment, the service provider must file a
14 report with the court pursuant to the applicable Rules of
15 Juvenile Procedure. A copy of a written report evaluating the
16 child's competency must be filed by the provider with the
17 court and with the state attorney, the child's attorney, the
18 department, and the Department of Children and Family
19 Services.
20 (5)(a)(4) If a child is determined to be incompetent
21 to proceed, the court shall retain jurisdiction of the child
22 for up to 2 years after the date of the order of incompetency,
23 with reviews at least every 6 months to determine competency.
24 (b) Whenever the provider files a report with the
25 court informing the court that the child will never become
26 competent to proceed, the Department of Children and Family
27 Services will develop a discharge plan for the child prior to
28 any hearing determining whether the child will ever become
29 competent to proceed. The Department of Children and Family
30 Services must send the proposed discharge plan to the court,
31 the state attorney, the child's attorney, and the attorneys
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 representing the Department of Juvenile Justice. The provider
2 will continue to provide services to the child until the court
3 issues the order finding the child will never become competent
4 to proceed.
5 (c) If the court determines at any time that the child
6 will never become competent to proceed, the court may dismiss
7 the delinquency petition. If, at the end of the 2-year period
8 following the date of the order of incompetency, the child has
9 not attained competency and there is no evidence that the
10 child will attain competency within a year, the court must
11 dismiss the delinquency petition. If appropriate necessary,
12 the court may order that proceedings under chapter 393 or
13 chapter 394 be instituted. Such proceedings must be
14 instituted not less than 60 days prior to the dismissal of the
15 delinquency petition.
16 (6)(a)(5) If a child who is determined to be mentally
17 ill or retarded and is found to be incompetent to proceed but
18 does not meet the commitment criteria set forth in of
19 subsection (3)(2), the court shall commit the child to the
20 Department of Children and Family Services and shall may order
21 the Department of Children and Family Services to provide
22 appropriate treatment and training in the community. The
23 purpose of the treatment or training is the restoration of the
24 child's competency to proceed.
25 (b) All court-ordered treatment or training must be
26 the least restrictive alternative that is consistent with
27 public safety. Any placement by the Department of Children and
28 Family Services commitment to a residential program must be
29 separate from adult forensic programs.
30 (c) If a child is ordered to receive competency
31 restoration such services, the services shall be provided by
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 the Department of Children and Family Services. The department
2 shall continue to provide case management services to the
3 child and receive notice of the competency status of the
4 child.
5 (d) The service provider must file written report with
6 the court pursuant to the applicable Florida Rules of Juvenile
7 Procedure, not later than 6 months after the date of
8 commitment, at the end of any period of extended treatment or
9 training, and at any time the service provider determines the
10 child has attained competency or will never attain competency,
11 or at such shorter intervals as ordered by the court. The
12 competency determination must be reviewed at least every 6
13 months by the service provider, and A copy of a written report
14 evaluating the child's competency must be filed by the
15 provider with the court, the state attorney, the child's
16 attorney, and with the Department of Children and Family
17 Services, and the department.
18 (7)(6) The provisions of this section shall be
19 implemented only subject to specific appropriation.
20 Section 17. Paragraph (a) of subsection (3) of section
21 985.226, Florida Statutes, is amended to read:
22 985.226 Criteria for waiver of juvenile court
23 jurisdiction; hearing on motion to transfer for prosecution as
24 an adult.--
25 (3) WAIVER HEARING.--
26 (a) Within 7 days, excluding Saturdays, Sundays, and
27 legal holidays, after the date a petition alleging that a
28 child has committed a delinquent act or violation of law has
29 been filed, or later with the approval of the court, but
30 before an adjudicatory hearing and after considering the
31 recommendation of the juvenile probation officer intake
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 counselor or case manager, the state attorney may file a
2 motion requesting the court to transfer the child for criminal
3 prosecution.
4 Section 18. Paragraph (b) of subsection (3) of section
5 985.23, Florida Statutes, is amended to read:
6 985.23 Disposition hearings in delinquency
7 cases.--When a child has been found to have committed a
8 delinquent act, the following procedures shall be applicable
9 to the disposition of the case:
10 (3)
11 (b) If the court determines that commitment to the
12 department is appropriate, the juvenile probation officer
13 intake counselor or case manager shall recommend to the court
14 the most appropriate placement and treatment plan,
15 specifically identifying the restrictiveness level most
16 appropriate for the child. If the court has determined that
17 the child was a member of a criminal street gang, that
18 determination shall be given great weight in identifying the
19 most appropriate restrictiveness level for the child. The
20 court shall consider the department's recommendation in making
21 its commitment decision.
22 Section 19. Subsection (4) of section 985.301, Florida
23 Statutes, is amended to read:
24 985.301 Civil citation.--
25 (4) If the juvenile fails to report timely for a work
26 assignment, complete a work assignment, or comply with
27 assigned intervention services within the prescribed time, or
28 if the juvenile commits a third or subsequent misdemeanor, the
29 law enforcement officer shall issue a report alleging the
30 child has committed a delinquent act, at which point a
31 juvenile probation officer an intake counselor or case manager
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 shall perform a preliminary determination as provided under s.
2 985.21(4).
3 Section 20. Subsections (4), (5), and (6) of section
4 985.304, Florida Statutes, are amended to read:
5 985.304 Community arbitration.--
6 (4) PROCEDURE FOR INITIATING CASES FOR COMMUNITY
7 ARBITRATION.--
8 (a) Any law enforcement officer may issue a complaint,
9 along with a recommendation for community arbitration, against
10 any child who such officer has reason to believe has committed
11 any offense that is eligible for community arbitration. The
12 complaint shall specify the offense and the reasons why the
13 law enforcement officer feels that the offense should be
14 handled by community arbitration. Any juvenile probation
15 officer intake counselor or case manager or, at the request of
16 the child's parent or legal custodian or guardian, the state
17 attorney or the court having jurisdiction, with the
18 concurrence of the state attorney, may refer a complaint to be
19 handled by community arbitration when appropriate. A copy of
20 the complaint shall be forwarded to the appropriate juvenile
21 probation officer intake counselor or case manager and the
22 parent or legal custodian or guardian of the child within 48
23 hours after issuance of the complaint. In addition to the
24 complaint, the child and the parent or legal custodian or
25 guardian shall be informed of the objectives of the community
26 arbitration process; the conditions, procedures, and
27 timeframes under which it will be conducted; and the fact that
28 it is not obligatory. The juvenile probation officer intake
29 counselor shall contact the child and the parent or legal
30 custodian or guardian within 2 days after the date on which
31 the complaint was received. At this time, the child or the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 parent or legal custodian or guardian shall inform the
2 juvenile probation officer intake counselor of the decision to
3 approve or reject the handling of the complaint through
4 community arbitration.
5 (b) The juvenile probation officer intake counselor
6 shall verify accurate identification of the child and
7 determine whether or not the child has any prior adjudications
8 or adjudications withheld for an offense eligible for
9 community arbitration for consideration in the point value
10 structure. If the child has at least one prior adjudication
11 or adjudication withheld for an offense which is not eligible
12 for community arbitration, or if the child has already
13 surpassed the accepted level of points on prior community
14 arbitration resolutions, the juvenile probation officer intake
15 counselor or case manager shall consult with the state
16 attorney regarding the filing of formal juvenile proceedings.
17 (c) If the child or the parent or legal custodian or
18 guardian rejects the handling of the complaint through
19 community arbitration, the juvenile probation officer intake
20 counselor shall consult with the state attorney for the filing
21 of formal juvenile proceedings.
22 (d) If the child or the parent or legal custodian or
23 guardian accepts the handling of the complaint through
24 community arbitration, the juvenile probation officer intake
25 counselor shall provide copies of the complaint to the
26 arbitrator or panel within 24 hours.
27 (e) The community arbitrator or community arbitration
28 panel shall, upon receipt of the complaint, set a time and
29 date for a hearing within 7 days and shall inform the child's
30 parent or legal custodian or guardian, the complaining
31 witness, and any victims of the time, date, and place of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 hearing.
2 (5) HEARINGS.--
3 (a) The law enforcement officer who issued the
4 complaint need not appear at the scheduled hearing. However,
5 prior to the hearing, the officer shall file with the
6 community arbitrator or the community arbitration panel a
7 comprehensive report setting forth the facts and circumstances
8 surrounding the allegation.
9 (b) Records and reports submitted by interested
10 agencies and parties, including, but not limited to,
11 complaining witnesses and victims, may be received in evidence
12 before the community arbitrator or the community arbitration
13 panel without the necessity of formal proof.
14 (c) The testimony of the complaining witness and any
15 alleged victim may be received when available.
16 (d) Any statement or admission made by the child
17 appearing before the community arbitrator or the community
18 arbitration panel relating to the offense for which he or she
19 was cited is privileged and may not be used as evidence
20 against the child either in a subsequent juvenile proceeding
21 or in any subsequent civil or criminal action.
22 (e) If a child fails to appear on the original hearing
23 date, the matter shall be referred back to the juvenile
24 probation officer intake counselor who shall consult with the
25 state attorney regarding the filing of formal juvenile
26 proceedings.
27 (6) DISPOSITION OF CASES.--
28 (a) Subsequent to any hearing held as provided in
29 subsection (5), the community arbitrator or community
30 arbitration panel may:
31 1. Recommend that the state attorney decline to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 prosecute the child.
2 2. Issue a warning to the child or the child's family
3 and recommend that the state attorney decline to prosecute the
4 child.
5 3. Refer the child for placement in a community-based
6 nonresidential program.
7 4. Refer the child or the family to community
8 counseling.
9 5. Refer the child to a safety and education program
10 related to delinquent children.
11 6. Refer the child to a work program related to
12 delinquent children and require up to 100 hours of work by the
13 child.
14 7. Refer the child to a nonprofit organization for
15 volunteer work in the community and require up to 100 hours of
16 work by the child.
17 8. Order restitution in money or in kind in a case
18 involving property damage; however, the amount of restitution
19 shall not exceed the amount of actual damage to property.
20 9. Continue the case for further investigation.
21 10. Require the child to undergo urinalysis
22 monitoring.
23 11. Impose any other restrictions or sanctions that
24 are designed to encourage responsible and acceptable behavior
25 and are agreed upon by the participants of the community
26 arbitration proceedings.
27
28 The community arbitrator or community arbitration panel shall
29 determine an appropriate timeframe in which the disposition
30 must be completed. The community arbitrator or community
31 arbitration panel shall report the disposition of the case to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 the juvenile probation officer intake counselor or case
2 manager.
3 (b) Any person or agency to whom a child is referred
4 pursuant to this section shall periodically report the
5 progress of the child to the referring community arbitrator or
6 community arbitration panel in the manner prescribed by such
7 arbitrator or panel.
8 (c) Any child who is referred by the community
9 arbitrator or community arbitration panel to a work program
10 related to delinquent children or to a nonprofit organization
11 for volunteer work in the community, and who is also ordered
12 to pay restitution to the victim, may be paid a reasonable
13 hourly wage for work, to the extent that funds are
14 specifically appropriated or authorized for this purpose;
15 provided, however, that such payments shall not, in total,
16 exceed the amount of restitution ordered and that such
17 payments shall be turned over by the child to the victim.
18 (d) If a child consents to an informal resolution and,
19 in the presence of the parent or legal custodian or guardian
20 and the community arbitrator or community arbitration panel,
21 agrees to comply with any disposition suggested or ordered by
22 such arbitrator or panel and subsequently fails to abide by
23 the terms of such agreement, the community arbitrator or
24 community arbitration panel may, after a careful review of the
25 circumstances, forward the case back to the juvenile probation
26 officer intake counselor, who shall consult with the state
27 attorney regarding the filing of formal juvenile proceedings.
28 Section 21. Section 985.307, Florida Statutes, is
29 amended to read:
30 985.307 Juvenile assignment centers.--
31 (1) Contingent upon specific appropriation, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 department shall establish juvenile assignment centers for
2 committed youth who have been ordered by the court for
3 placement in moderate-risk, high-risk, or maximum-risk
4 commitment programs. Juvenile assignment centers shall be
5 residential facilities serving committed youth awaiting
6 placement in a residential commitment program.
7 (2) The purpose of juvenile assignment centers shall
8 be:
9 (a) To ensure public safety by providing a secure
10 residential facility to hold and process juveniles awaiting
11 placement in commitment programs rather than releasing them to
12 their homes and back into the community.
13 (b) To review assessments completed at local juvenile
14 assessment centers and avoid duplication of assessment
15 efforts. Assessments should include medical, academic,
16 psychological, behavioral, sociological, substance abuse and
17 mental health, and vocational testing.
18 (c) To determine appropriate treatment needs,
19 programming, and placement decisions, and, when appropriate,
20 to develop a treatment plan for each juvenile.
21 (d) To examine a juvenile's need for aftercare and
22 independent living upon release from a commitment program and,
23 when appropriate, include this in the treatment plan.
24 (3) Juveniles committed to the department shall be
25 placed in an assignment center following the dispositional
26 hearing and shall be transferred to the designated residential
27 commitment program upon the availability of placement.
28 (4) Juvenile assignment centers shall be physically
29 secure residential facilities located in each department
30 region to serve youth in that region who are awaiting
31 placement in commitment programs.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (5) For each juvenile admitted into an assignment
2 center, the following shall be conducted:
3 (a) Review all assessments, diagnostic testing, and
4 screening instruments performed on the juvenile while at an
5 assessment center, in detention, during intake, or in a
6 program or while in school; and also review the juvenile's
7 school records from the school in which the juvenile is
8 enrolled.
9 (b) Determine the need for, and provide or contract
10 for, additional evaluation, including, but not limited to:
11 needs assessment, substance abuse screening, physical and
12 mental health screening, behavioral screening, educational
13 assessment, aptitude testing, diagnostic testing,
14 psychological evaluation, and vocational testing.
15 (c) Based upon the restrictiveness level ordered by
16 the court and evaluation required in paragraph (b), the
17 department program staff shall make an assignment to a
18 specific commitment program. Program placements shall also
19 take into consideration the geographic location of the
20 juvenile's family in order to facilitate family visits and
21 participation.
22 (d) Pending a juvenile's placement in a commitment
23 program:
24 1. Initiate appropriate treatment plans, educational
25 plans, performance agreements, and transitional planning based
26 upon the court order and assessments.
27 2. Provide or contract for the provision of short-term
28 services, including educational programming, vocational
29 training, mental health services, substance abuse education,
30 conflict resolution training, and impulse control and anger
31 management training. If warranted by a substance abuse
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 screening or a mental or physical health screening performed
2 while the juvenile is in the assignment center, a juvenile may
3 receive treatment while in the assignment center, including,
4 but not limited to, substance abuse, mental health, or
5 physical health treatment.
6 (e) To the extent possible, involve the juvenile's
7 parents or guardian and family in the evaluation process and
8 in the provision of services. Staff shall make efforts to
9 contact the parents or guardian and encourage their
10 involvement.
11 (f) Ensure that all commitment information is complete
12 and ready for transmittal to the commitment program. This
13 shall include a comprehensive treatment plan that reflects the
14 information gathered through the assessment process and
15 includes planning for aftercare and independent living, if
16 needed.
17 (6) Notwithstanding any provision to the contrary,
18 this section expires July 1, 2000 1998, unless reenacted by
19 the Legislature. The department may not create or operate a
20 juvenile assignment center after July 1, 1998, without further
21 legislative authority. Unless reenacted by the Legislature,
22 any juvenile assignment center created under this section
23 shall be converted to a high-level or maximum-level
24 residential commitment program, subject to availability of
25 funds.
26 (7) The department may utilize juvenile assignment
27 centers to the fullest extent possible for the purpose of
28 conducting pre- and post-disposition assessments and
29 evaluations of youth. Prior to July 1, 1999, the department
30 shall transition any juvenile assignment center to provide the
31 capacity and services necessary to conduct pre-disposition
64
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 assessments and evaluations of youth.
2 Section 22. Subsection (3) of section 985.31, Florida
3 Statutes, is amended to read:
4 985.31 Serious or habitual juvenile offender.--
5 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
6 TREATMENT.--
7 (a) Assessment and treatment shall be conducted by
8 treatment professionals with expertise in specific treatment
9 procedures, which professionals shall exercise all
10 professional judgment independently of the department.
11 (b) Treatment provided to children in designated
12 facilities shall be suited to the assessed needs of each
13 individual child and shall be administered safely and
14 humanely, with respect for human dignity.
15 (c) The department may promulgate rules for the
16 implementation and operation of programs and facilities for
17 serious or habitual juvenile offenders.
18 (d) Any provider who acts in good faith is immune from
19 civil or criminal liability for his or her actions in
20 connection with the assessment, treatment, or transportation
21 of a serious or habitual juvenile offender under the
22 provisions of this chapter.
23 (e) After a child has been adjudicated delinquent
24 pursuant to s. 985.228, the court shall determine whether the
25 child meets the criteria for a serious or habitual juvenile
26 offender pursuant to s. 985.03(47). If the court determines
27 that the child does not meet such criteria, the provisions of
28 s. 985.231(1) shall apply.
29 (f) After a child has been transferred for criminal
30 prosecution, a circuit court judge may direct a juvenile
31 probation officer an intake counselor or case manager to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 consult with designated staff from an appropriate serious or
2 habitual juvenile offender program for the purpose of making
3 recommendations to the court regarding the child's placement
4 in such program.
5 (g) Recommendations as to a child's placement in a
6 serious or habitual juvenile offender program shall be
7 presented to the court within 72 hours after the adjudication
8 or conviction, and may be based on a preliminary screening of
9 the child at appropriate sites, considering the child's
10 location while court action is pending, which may include the
11 nearest regional detention center or facility or jail.
12 (h) Based on the recommendations of the
13 multidisciplinary assessment, the juvenile probation officer
14 intake counselor or case manager shall make the following
15 recommendations to the court:
16 1. For each child who has not been transferred for
17 criminal prosecution, the juvenile probation officer intake
18 counselor or case manager shall recommend whether placement in
19 such program is appropriate and needed.
20 2. For each child who has been transferred for
21 criminal prosecution, the juvenile probation officer intake
22 counselor or case manager shall recommend whether the most
23 appropriate placement for the child is a juvenile justice
24 system program, including a serious or habitual juvenile
25 offender program or facility, or placement in the adult
26 correctional system.
27
28 If treatment provided by a serious or habitual juvenile
29 offender program or facility is determined to be appropriate
30 and needed and placement is available, the juvenile probation
31 officer intake counselor or case manager and the court shall
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 identify the appropriate serious or habitual juvenile offender
2 program or facility best suited to the needs of the child.
3 (i) The treatment and placement recommendations shall
4 be submitted to the court for further action pursuant to this
5 paragraph:
6 1. If it is recommended that placement in a serious or
7 habitual juvenile offender program or facility is
8 inappropriate, the court shall make an alternative disposition
9 pursuant to s. 985.309 or other alternative sentencing as
10 applicable, utilizing the recommendation as a guide.
11 2. If it is recommended that placement in a serious or
12 habitual juvenile offender program or facility is appropriate,
13 the court may commit the child to the department for placement
14 in the restrictiveness level designated for serious or
15 habitual delinquent children programs.
16 (j) The following provisions shall apply to children
17 in serious or habitual juvenile offender programs and
18 facilities:
19 1. A child shall begin participation in the reentry
20 component of the program based upon a determination made by
21 the treatment provider and approved by the department.
22 2. A child shall begin participation in the community
23 supervision component of aftercare based upon a determination
24 made by the treatment provider and approved by the department.
25 The treatment provider shall give written notice of the
26 determination to the circuit court having jurisdiction over
27 the child. If the court does not respond with a written
28 objection within 10 days, the child shall begin the aftercare
29 component.
30 3. A child shall be discharged from the program based
31 upon a determination made by the treatment provider with the
67
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 approval of the department.
2 4. In situations where the department does not agree
3 with the decision of the treatment provider, a reassessment
4 shall be performed, and the department shall utilize the
5 reassessment determination to resolve the disagreement and
6 make a final decision.
7 (k) Any commitment of a child to the department for
8 placement in a serious or habitual juvenile offender program
9 or facility shall be for an indeterminate period of time, but
10 the time shall not exceed the maximum term of imprisonment
11 which an adult may serve for the same offense. Notwithstanding
12 the provisions of ss. 743.07 and 985.231(1)(d), a serious or
13 habitual juvenile offender shall not be held under commitment
14 from a court pursuant to this section, s. 985.231, or s.
15 985.233 after becoming 21 years of age. This provision shall
16 apply only for the purpose of completing the serious or
17 habitual juvenile offender program pursuant to this chapter
18 and shall be used solely for the purpose of treatment.
19 Section 23. Subsection (3) of section 985.311, Florida
20 Statutes, is amended to read:
21 985.311 Intensive residential treatment program for
22 offenders less than 13 years of age.--
23 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
24 TREATMENT.--
25 (a) Assessment and treatment shall be conducted by
26 treatment professionals with expertise in specific treatment
27 procedures, which professionals shall exercise all
28 professional judgment independently of the department.
29 (b) Treatment provided to children in designated
30 facilities shall be suited to the assessed needs of each
31 individual child and shall be administered safely and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 humanely, with respect for human dignity.
2 (c) The department may promulgate rules for the
3 implementation and operation of programs and facilities for
4 children who are eligible for an intensive residential
5 treatment program for offenders less than 13 years of age.
6 The department must involve the following groups in the
7 promulgation of rules for services for this population: local
8 law enforcement agencies, the judiciary, school board
9 personnel, the office of the state attorney, the office of the
10 public defender, and community service agencies interested in
11 or currently working with juveniles. When promulgating these
12 rules, the department must consider program principles,
13 components, standards, procedures for intake, diagnostic and
14 assessment activities, treatment modalities, and case
15 management.
16 (d) Any provider who acts in good faith is immune from
17 civil or criminal liability for his or her actions in
18 connection with the assessment, treatment, or transportation
19 of an intensive offender less than 13 years of age under the
20 provisions of this chapter.
21 (e) After a child has been adjudicated delinquent
22 pursuant to s. 985.228(5), the court shall determine whether
23 the child is eligible for an intensive residential treatment
24 program for offenders less than 13 years of age pursuant to s.
25 985.03(7). If the court determines that the child does not
26 meet the criteria, the provisions of s. 985.231(1) shall
27 apply.
28 (f) After a child has been transferred for criminal
29 prosecution, a circuit court judge may direct a juvenile
30 probation officer an intake counselor or case manager to
31 consult with designated staff from an appropriate intensive
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 residential treatment program for offenders less than 13 years
2 of age for the purpose of making recommendations to the court
3 regarding the child's placement in such program.
4 (g) Recommendations as to a child's placement in an
5 intensive residential treatment program for offenders less
6 than 13 years of age may be based on a preliminary screening
7 of the child at appropriate sites, considering the child's
8 location while court action is pending, which may include the
9 nearest regional detention center or facility or jail.
10 (h) Based on the recommendations of the
11 multidisciplinary assessment, the juvenile probation officer
12 intake counselor or case manager shall make the following
13 recommendations to the court:
14 1. For each child who has not been transferred for
15 criminal prosecution, the juvenile probation officer intake
16 counselor or case manager shall recommend whether placement in
17 such program is appropriate and needed.
18 2. For each child who has been transferred for
19 criminal prosecution, the juvenile probation officer intake
20 counselor or case manager shall recommend whether the most
21 appropriate placement for the child is a juvenile justice
22 system program, including a child who is eligible for an
23 intensive residential treatment program for offenders less
24 than 13 years of age, or placement in the adult correctional
25 system.
26
27 If treatment provided by an intensive residential treatment
28 program for offenders less than 13 years of age is determined
29 to be appropriate and needed and placement is available, the
30 juvenile probation officer intake counselor or case manager
31 and the court shall identify the appropriate intensive
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 residential treatment program for offenders less than 13 years
2 of age best suited to the needs of the child.
3 (i) The treatment and placement recommendations shall
4 be submitted to the court for further action pursuant to this
5 paragraph:
6 1. If it is recommended that placement in an intensive
7 residential treatment program for offenders less than 13 years
8 of age is inappropriate, the court shall make an alternative
9 disposition pursuant to s. 985.309 or other alternative
10 sentencing as applicable, utilizing the recommendation as a
11 guide.
12 2. If it is recommended that placement in an intensive
13 residential treatment program for offenders less than 13 years
14 of age is appropriate, the court may commit the child to the
15 department for placement in the restrictiveness level
16 designated for intensive residential treatment program for
17 offenders less than 13 years of age.
18 Section 24. Present subsection (4) of section 985.401,
19 Florida Statutes, is renumbered as subsection (5) and amended,
20 a new subsection (4) is added to that section, and present
21 subsection (5) is renumbered as subsection (6), to read:
22 985.401 Juvenile Justice Advisory Board.--
23 (4)(a) The board shall establish and operate a
24 comprehensive system to annually measure and report program
25 outcomes and effectiveness for each program operated by the
26 Department of Juvenile Justice or operated by a provider under
27 contract with the department. The system shall include a
28 standard methodology for interpreting the board's
29 outcome-evaluation reports, using, where appropriate, the
30 performance-based program budgeting measures approved by the
31 Legislature. The methodology must include:
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 1. Common terminology and operational definitions for
2 measuring the performance of system administration, program
3 administration, program outputs, and client outcomes.
4 2. Program outputs for each group of programs within
5 each level of the juvenile justice continuum and specific
6 program outputs for each program or program type.
7 3. Specification of desired client outcomes and
8 methods by which to measure client outcomes for each program
9 operated by the department or by a provider under contract
10 with the department.
11 4. Recommended annual minimum thresholds of
12 satisfactory performance for client outcomes and program
13 outputs.
14
15 For the purposes of this section, the term "program" or
16 "program type" means an individual state-operated or
17 contracted facility, site, or service delivered to at-risk or
18 delinquent youth as prescribed in a contract, program
19 description, or program services manual; and the term "program
20 group" means a collection of programs or program types with
21 sufficient similarity of function, services, and clientele to
22 permit appropriate comparisons among programs within the
23 program group.
24 (b) In developing the standard methodology, the board
25 shall consult with the department, the Division of Economic
26 and Demographic Research, contract service providers, and
27 other interested parties. It is the intent of the Legislature
28 that this effort result in consensus recommendations, and, to
29 the greatest extent possible, integrate the goals and
30 legislatively approved measures of performance-based program
31 budgeting provided in chapter 94-249, Laws of Florida, the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 quality assurance program provided in s. 985.412, and the
2 cost-effectiveness model provided in s. 985.404(11). The board
3 shall notify the Office of Program Policy Analysis and
4 Government Accountability of any meetings to develop the
5 methodology.
6 (c) The board shall annually submit its Outcome
7 Evaluation Report to the Legislature by February 15, which
8 must describe:
9 1. The methodology for interpreting outcome
10 evaluations, including common terminology and operational
11 definitions.
12 2. The recommended minimum thresholds of satisfactory
13 performance for client outcomes and program outputs applicable
14 to the year for which the data are reported.
15 3. The actual client outcomes and program outputs
16 achieved by each program operated by the department or by a
17 provider under contract with the department, compared with the
18 recommended minimum thresholds of satisfactory performance for
19 client outcomes and program outputs for the year under review.
20 The report shall group programs or program types with
21 similarity of function and services, and make appropriate
22 comparisons between programs within the program group.
23 (d) The board shall use its evaluation research to
24 make advisory recommendations to the Legislature, the
25 Governor, and the department concerning the effectiveness and
26 future funding priorities of juvenile justice programs.
27 (e) The board shall annually review and revise the
28 methodology as necessary to ensure the continuing improvement
29 and validity of the evaluation process.
30 (5)(4) The board shall:
31 (a) Review and recommend programmatic and fiscal
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 policies governing the operation of programs, services, and
2 facilities for which the Department of Juvenile Justice is
3 responsible.
4 (b) Monitor the development and implementation of
5 long-range juvenile justice policies, including prevention,
6 early intervention, diversion, adjudication, and commitment.
7 (c) Monitor all activities of the executive and
8 judicial branch and their effectiveness in implementing
9 policies pursuant to this chapter.
10 (d) Establish and operate a comprehensive system to
11 annually measure and report program outcome and effectiveness
12 for each program operated by the Department of Juvenile
13 Justice or operated by a provider under contract with the
14 department. The board shall use its evaluation research to
15 make advisory recommendations to the Legislature, the
16 Governor, and the department concerning the effectiveness and
17 future funding priorities of juvenile justice programs.
18 (d)(e) Advise the President of the Senate, the Speaker
19 of the House of Representatives, the Governor, and the
20 department on matters relating to this chapter.
21 (e)(f) Serve as a clearinghouse to provide information
22 and assistance to the district juvenile justice boards and
23 county juvenile justice councils.
24 (f)(g) Hold public hearings and inform the public of
25 activities of the board and of the Department of Juvenile
26 Justice, as appropriate.
27 (g)(h) Monitor the delivery and use of services,
28 programs, or facilities operated, funded, regulated, or
29 licensed by the Department of Juvenile Justice for juvenile
30 offenders or alleged juvenile offenders, and for prevention,
31 diversion, or early intervention of delinquency, and to
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 develop programs to educate the citizenry about such services,
2 programs, and facilities and about the need and procedure for
3 siting new facilities.
4 (h)(i) Contract for consultants as necessary and
5 appropriate. The board may apply for and receive grants for
6 the purposes of conducting research and evaluation activities.
7 (i)(j) Conduct such other activities as the board may
8 determine are necessary and appropriate to monitor the
9 effectiveness of the delivery of juvenile justice programs and
10 services under this chapter.
11 (j)(k) The board shall submit an annual report to the
12 President of the Senate, the Speaker of the House of
13 Representatives, the Governor, and the secretary of the
14 department not later than February 15 of each calendar year,
15 summarizing the activities and reports of the board for the
16 preceding year, and any recommendations of the board for the
17 following year.
18 (6)(5) Each state agency shall provide assistance when
19 requested by the board. The board shall have access to all
20 records, files, and reports that are material to its duties
21 and that are in the custody of a school board, a law
22 enforcement agency, a state attorney, a public defender, the
23 court, the Department of Children and Family Services, and the
24 department.
25 Section 25. Subsection (11) of section 985.404,
26 Florida Statutes, is amended to read:
27 985.404 Administering the juvenile justice
28 continuum.--
29 (11)(a) The Department of Juvenile Justice, in
30 consultation with the Juvenile Justice Advisory Board, the
31 Division of Economic and Demographic Research, and contract
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 service providers, shall develop a cost-effectiveness
2 cost-benefit model and apply the model to each commitment
3 program. Program recommitment rates shall be a component of
4 the model. The cost-effectiveness cost-benefit model shall
5 compare program costs to client outcomes and program outputs
6 benefits. A report ranking commitment programs based on
7 cost-benefit shall be submitted to the appropriate substantive
8 and appropriations committees of each house of the
9 Legislature, no later than December 31 of each year. It is
10 the intent of the Legislature that continual development
11 efforts take place to improve the validity and reliability of
12 the cost-effectiveness cost-benefit model and to integrate the
13 standard methodology developed under s. 985.401(4) for
14 interpreting program outcome evaluations.
15 (b) The department shall rank commitment programs
16 based on the cost-effectiveness model and shall submit a
17 report to the appropriate substantive and fiscal committees of
18 each house of the Legislature by December 31 of each year.
19 (c) Based on reports of the Juvenile Justice Advisory
20 Board on client outcomes and program outputs and on the
21 department's most recent cost-effectiveness rankings, the
22 department may terminate a program operated by the department
23 or a provider if the program has failed to achieve a minimum
24 threshold of program effectiveness. This paragraph does not
25 preclude the department from terminating a contract as
26 provided under s. 985.412 or as otherwise provided by law or
27 contract, and does not limit the department's authority to
28 enter into or terminate a contract.
29 (d) In collaboration with the Juvenile Justice
30 Advisory Board, the Division of Economic and Demographic
31 Research, and contract service providers, the department shall
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 develop a work plan to refine the cost-effectiveness model so
2 that the model is consistent with the performance-based
3 program budgeting measures approved by the Legislature to the
4 extent the department deems appropriate. The department shall
5 notify the Office of Program Policy Analysis and Government
6 Accountability of any meetings to refine the model.
7 (e) Contingent upon specific appropriation, the
8 department, in consultation with the Juvenile Justice Advisory
9 Board, the Division of Economic and Demographic Research, and
10 contract service providers, shall:
11 1. Construct a profile of each commitment program
12 which uses the results of the quality assurance report
13 required by s. 985.412, the outcome-evaluation report compiled
14 by the Juvenile Justice Advisory Board under s. 985.401, the
15 cost-effectiveness report required in this subsection, and
16 other reports available to the department.
17 2. Target, for a more comprehensive evaluation, any
18 commitment program that has achieved consistently high, low,
19 or disparate ratings in the reports required under
20 subparagraph 1.
21 3. Identify the essential factors that contribute to
22 the high, low, or disparate program ratings.
23 4. Use the results of these evaluations in developing
24 or refining juvenile justice programs or program models,
25 client outcomes and program outputs, provider contracts,
26 quality assurance standards, and the cost-effectiveness model.
27 Section 26. Paragraph (a) of subsection (2) of section
28 985.406, Florida Statutes, is amended to read:
29 985.406 Juvenile justice training academies
30 established; Juvenile Justice Standards and Training
31 Commission created; Juvenile Justice Training Trust Fund
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 created.--
2 (2) JUVENILE JUSTICE STANDARDS AND TRAINING
3 COMMISSION.--
4 (a) There is created under the Department of Juvenile
5 Justice the Juvenile Justice Standards and Training
6 Commission, hereinafter referred to as the commission. The
7 17-member commission shall consist of the Attorney General or
8 designee, the Commissioner of Education or designee, a member
9 of the juvenile court judiciary to be appointed by the Chief
10 Justice of the Supreme Court, and 14 members to be appointed
11 by the Secretary of Juvenile Justice as follows:
12 1. Seven members shall be juvenile justice
13 professionals: a superintendent or a direct care staff member
14 from an institution; a director from a contracted
15 community-based program; a superintendent and a direct care
16 staff member from a regional detention center or facility; a
17 juvenile probation officer supervisor and a juvenile probation
18 officer community control counselor; and a director of a day
19 treatment or aftercare program. No fewer than three of these
20 members shall be contract providers.
21 2. Two members shall be representatives of local law
22 enforcement agencies.
23 3. One member shall be an educator from the state's
24 university and community college program of criminology,
25 criminal justice administration, social work, psychology,
26 sociology, or other field of study pertinent to the training
27 of juvenile justice program staff.
28 4. One member shall be a member of the public.
29 5. One member shall be a state attorney, or assistant
30 state attorney, who has juvenile court experience.
31 6. One member shall be a public defender, or assistant
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 public defender, who has juvenile court experience.
2 7. One member shall be a representative of the
3 business community.
4
5 All appointed members shall be appointed to serve terms of 2
6 years.
7 Section 27. Subsection (5) of section 985.41, Florida
8 Statutes, is amended to read:
9 985.41 Siting of facilities; study; criteria.--
10 (5) When the department or a contracted provider
11 proposes a site for a juvenile justice state facility, the
12 department or provider it shall request that the local
13 government having jurisdiction over such proposed site
14 determine whether or not the proposed site is appropriate for
15 public use under in compliance with local government
16 comprehensive plans, local land use ordinances, local zoning
17 ordinances or regulations, and other local ordinances in
18 effect at the time of such request. If no such determination
19 is made within 90 days after the request, it shall be presumed
20 that the proposed site is in compliance with such plans,
21 ordinances, or regulations.
22 Section 28. Paragraph (c) of subsection (1) of section
23 985.412, Florida Statutes, is amended to read:
24 985.412 Quality assurance.--
25 (1)
26 (c) The department shall:
27 1. Establish a comprehensive quality assurance system
28 for each program operated by the department or operated by a
29 provider under contract with the department. Each contract
30 entered into by the department must provide for quality
31 assurance.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 2. Provide operational definitions of and criteria for
2 quality assurance for each specific program component.
3 3. Establish quality assurance goals and objectives
4 for each specific program component.
5 4. Establish the information and specific data
6 elements required for the quality assurance program.
7 5. Develop a quality assurance manual of specific,
8 standardized terminology and procedures to be followed by each
9 program.
10 6. Evaluate each program operated by the department or
11 a provider under a contract with the department and establish
12 minimum thresholds for each program component. If a provider
13 fails to meet the established minimum thresholds, such failure
14 shall cause the department to cancel the provider's contract
15 unless the provider achieves compliance with minimum
16 thresholds within 6 months or unless there are documented
17 extenuating circumstances. In addition, the department may not
18 contract with the same provider for the canceled service for a
19 period of 12 months. If a department-operated program fails to
20 meet the established minimum thresholds, the department must
21 take necessary and sufficient steps to ensure and document
22 program changes to achieve compliance with the established
23 minimum thresholds. If the department-operated program fails
24 to achieve compliance with the established minimum thresholds
25 within 6 months and if there are no documented extenuating
26 circumstances, the department must notify the Executive Office
27 of the Governor and the Legislature of the corrective action
28 taken. Appropriate corrective action may include, but is not
29 limited to:
30 a. Contracting out for the services provided in the
31 program;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 b. Initiating appropriate disciplinary action against
2 all employees whose conduct or performance is deemed to have
3 materially contributed to the programs failure to meet
4 established minimum thresholds;
5 c. Redesigning the program; or
6 d. Realigning the program.
7
8 The department shall submit an annual report to the President
9 of the Senate, the Speaker of the House of Representatives,
10 the Minority Leader of each house of the Legislature, the
11 appropriate substantive and fiscal committees of each house of
12 the Legislature, and the Governor, no later than February 1 of
13 each year. The annual report must contain, at a minimum, for
14 each specific program component: a comprehensive description
15 of the population served by the program; a specific
16 description of the services provided by the program; cost; a
17 comparison of expenditures to federal and state funding;
18 immediate and long-range concerns; and recommendations to
19 maintain, expand, improve, modify, or eliminate each program
20 component so that changes in services lead to enhancement in
21 program quality. The department department's inspector general
22 shall ensure the reliability and validity of the information
23 contained in the report.
24 Section 29. For the purpose of incorporating the
25 amendment to section 985.412, Florida Statutes, in a reference
26 thereto, paragraph (b) of subsection (4) of section 985.315,
27 Florida Statutes, is reenacted to read:
28 985.315 Vocational/work training programs.--
29 (4)
30 (b) Evaluations of juvenile work programs shall be
31 conducted according to the following guidelines:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 1. Systematic evaluations and quality assurance
2 monitoring shall be implemented, in accordance with ss.
3 985.401(4) and 985.412(1), to determine whether the juvenile
4 vocational work programs are related to successful postrelease
5 adjustments.
6 2. Operations and policies of work programs shall be
7 reevaluated to determine if they are consistent with their
8 primary objectives.
9 Section 30. Paragraph (b) of subsection (3) of section
10 985.413, Florida Statutes, is amended to read:
11 985.413 District juvenile justice boards.--
12 (3) DISTRICT JUVENILE JUSTICE BOARDS.--
13 (b)1.a. The authority to appoint members to district
14 juvenile justice boards, and the size of each board, is as
15 follows:
16 (I) District 1 is to have a board composed of 12
17 members, to be appointed by the juvenile justice councils of
18 the respective counties, as follows: Escambia County, 6
19 members; Okaloosa County, 3 members; Santa Rosa County, 2
20 members; and Walton County, 1 member.
21 (II) District 2 is to have a board composed of 18
22 members, to be appointed by the juvenile justice councils in
23 the respective counties, as follows: Holmes County, 1 member;
24 Washington County, 1 member; Bay County, 2 members; Jackson
25 County, 1 member; Calhoun County, 1 member; Gulf County, 1
26 member; Gadsden County, 1 member; Franklin County, 1 member;
27 Liberty County, 1 member; Leon County, 4 members; Wakulla
28 County, 1 member; Jefferson County, 1 member; Madison County,
29 1 member; and Taylor County, 1 member.
30 (III) District 3 is to have a board composed of 15
31 members, to be appointed by the juvenile justice councils of
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 the respective counties, as follows: Hamilton County, 1
2 member; Suwannee County, 1 member; Lafayette County, 1 member;
3 Dixie County, 1 member; Columbia County, 1 member; Gilchrist
4 County, 1 member; Levy County, 1 member; Union County, 1
5 member; Bradford County, 1 member; Putnam County, 1 member;
6 and Alachua County, 5 members.
7 (IV) District 4 is to have a board composed of 12
8 members, to be appointed by the juvenile justice councils of
9 the respective counties, as follows: Baker County, 1 member;
10 Nassau County, 1 member; Duval County, 7 members; Clay County,
11 2 members; and St. Johns County, 1 member.
12 (V) District 5 is to have a board composed of 12
13 members, to be appointed by the juvenile justice councils of
14 the respective counties, as follows: Pasco County, 3 members;
15 and Pinellas County, 9 members.
16 (VI) District 6 is to have a board composed of 12
17 members, to be appointed by the juvenile justice councils of
18 the respective counties, as follows: Hillsborough County, 9
19 members; and Manatee County, 3 members.
20 (VII) District 7 is to have a board composed of 12
21 members, to be appointed by the juvenile justice councils of
22 the respective counties, as follows: Seminole County, 3
23 members; Orange County, 5 members; Osceola County, 1 member;
24 and Brevard County, 3 members.
25 (VIII) District 8 is to have a board composed of 12
26 members, to be appointed by the juvenile justice councils of
27 the respective counties, as follows: Sarasota County, 3
28 members; DeSoto County, 1 member; Charlotte County, 1 member;
29 Lee County, 3 members; Glades County, 1 member; Hendry County,
30 1 member; and Collier County, 2 members.
31 (IX) District 9 is to have a board composed of 12
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 members, to be appointed by the juvenile justice council of
2 Palm Beach County.
3 (X) District 10 is to have a board composed of 12
4 members, to be appointed by the juvenile justice council of
5 Broward County.
6 (XI) District 11 is to have a juvenile justice board
7 composed of 12 members to be appointed by the juvenile justice
8 council in the respective counties, as follows: Dade County,
9 6 members and Monroe County, 6 members.
10 (XII) District 12 is to have a board composed of 12
11 members, to be appointed by the juvenile justice council of
12 the respective counties, as follows: Flagler County, 3
13 members; and Volusia County, 9 members.
14 (XIII) District 13 is to have a board composed of 12
15 members, to be appointed by the juvenile justice councils of
16 the respective counties, as follows: Marion County, 4 members;
17 Citrus County, 2 members; Hernando County, 2 members; Sumter
18 County, 1 member; and Lake County, 3 members.
19 (XIV) District 14 is to have a board composed of 12
20 members, to be appointed by the juvenile justice councils of
21 the respective counties, as follows: Polk County, 9 members;
22 Highlands County, 2 members; and Hardee County, 1 member.
23 (XV) District 15 is to have a board composed of 12
24 members, to be appointed by the juvenile justice councils of
25 the respective counties, as follows: Indian River County, 3
26 members; Okeechobee County, 1 member; St. Lucie County, 5
27 members; and Martin County, 3 members.
28
29 The district health and human services board in each district
30 may appoint one of its members to serve as an ex officio
31 member of the district juvenile justice board established
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 under this sub-subparagraph.
2 b. In any judicial circuit where a juvenile
3 delinquency and gang prevention council exists on the date
4 this act becomes law, and where the circuit and district or
5 subdistrict boundaries are identical, such council shall
6 become the district juvenile justice board, and shall
7 thereafter have the purposes and exercise the authority and
8 responsibilities provided in this section.
9 2. At any time after the adoption of initial bylaws
10 pursuant to paragraph (c), a district juvenile justice board
11 may adopt a bylaw to enlarge the size, by no more than three
12 members, and composition of the board to adequately reflect
13 the diversity of the population and community organizations in
14 the district.
15 3. All appointments shall be for 2-year terms.
16 Appointments to fill vacancies created by death, resignation,
17 or removal of a member are for the unexpired term. A member
18 may not serve more than three two full consecutive terms;
19 however, this limitation does not apply in any district in
20 which a juvenile delinquency and gang prevention council that
21 existed on May 7, 1993, became the district juvenile justice
22 board.
23 4. A member who is absent for three meetings within
24 any 12-month period, without having been excused by the chair,
25 is deemed to have resigned, and the board shall immediately
26 declare the seat vacant. Members may be suspended or removed
27 for cause by a majority vote of the board members or by the
28 Governor.
29 5. Members are subject to the provisions of chapter
30 112, part III, Code of Ethics for Public Officers and
31 Employees.
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Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (4) DISTRICT JUVENILE JUSTICE PLAN; PROGRAMS.--
2 (a) A district juvenile justice plan is authorized in
3 each district or any subdivision of the district authorized by
4 the district juvenile justice board for the purpose of
5 reducing delinquent acts, juvenile arrests, and gang activity.
6 Juvenile justice programs under such plan may be administered
7 by the Department of Juvenile Justice; the district school
8 board; a local law enforcement agency; or any other public or
9 private entity, in cooperation with appropriate state or local
10 governmental entities and public and private agencies. A
11 juvenile justice program under this section may be planned,
12 implemented, and conducted in any district pursuant to a
13 proposal developed and approved as specified in s. 985.415.
14 Section 31. Paragraph (b) of subsection (2) of section
15 985.414, Florida Statutes, is amended to read:
16 985.414 County juvenile justice councils.--
17 (2)
18 (b) The duties and responsibilities of a county
19 juvenile justice council include, but are not limited to:
20 1. Developing a county juvenile justice plan based
21 upon utilization of the resources of law enforcement, the
22 school system, the Department of Juvenile Justice, the
23 Department of Children and Family Services, and others in a
24 cooperative and collaborative manner to prevent or discourage
25 juvenile crime and develop meaningful alternatives to school
26 suspensions and expulsions.
27 2. Entering into a written county interagency
28 agreement specifying the nature and extent of contributions
29 each signatory agency will make in achieving the goals of the
30 county juvenile justice plan and their commitment to the
31 sharing of information useful in carrying out the goals of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 interagency agreement to the extent authorized by law. The
2 interagency agreement must include as parties, at a minimum,
3 local school authorities or representatives, local law
4 enforcement agencies, state attorneys, public defenders, and
5 local representatives of the Department of Juvenile Justice
6 and the Department of Children and Family Services. The
7 agreement must specify how community entities will cooperate,
8 collaborate, and share information to achieve the goals of the
9 county juvenile justice plan.
10 3. Applying for and receiving public or private
11 grants, to be administered by one of the community partners,
12 that support one or more components of the county juvenile
13 justice plan.
14 4. Designating the county representatives to the
15 district juvenile justice board pursuant to s. 985.413.
16 5. Providing a forum for the presentation of
17 interagency recommendations and the resolution of
18 disagreements relating to the contents of the county
19 interagency agreement or the performance by the parties of
20 their respective obligations under the agreement.
21 6. Assisting and directing the efforts of local
22 community support organizations and volunteer groups in
23 providing enrichment programs and other support services for
24 clients of local juvenile detention centers.
25 7. Providing an annual report and recommendations to
26 the district juvenile justice board, the Juvenile Justice
27 Advisory Board, and the district juvenile justice manager.
28 Section 32. Paragraphs (a) and (b) of subsection (1)
29 of section 985.415, Florida Statutes, are amended to read:
30 985.415 Community Juvenile Justice Partnership
31 Grants.--
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 (1) GRANTS; CRITERIA.--
2 (a) In order to encourage the development of county
3 and district juvenile justice plans and the development and
4 implementation of county and district interagency agreements
5 pursuant to ss. 985.413 and 985.414, among representatives of
6 the Department of Juvenile Justice, the Department of Children
7 and Family Services, law enforcement, and school authorities,
8 the community juvenile justice partnership grant program is
9 established, and which program shall be administered by the
10 Department of Juvenile Justice.
11 (b) The department shall only consider applications
12 which at a minimum provide for the following:
13 1. The participation of the agencies and programs
14 needed to implement the project or program for which the
15 applicant is applying local school authorities, local law
16 enforcement, and local representatives of the Department of
17 Juvenile Justice and the Department of Children and Family
18 Services pursuant to a written interagency partnership
19 agreement. Such agreement must specify how community entities
20 will cooperate, collaborate, and share information in
21 furtherance of the goals of the district and county juvenile
22 justice plan; and
23 2. The reduction of truancy and in-school and
24 out-of-school suspensions and expulsions, and the enhancement
25 of school safety.
26 Section 33. This act shall take effect upon becoming a
27 law.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 On page 1, line 1, through page 4, line 10
2 remove the entire title of the bill:
3
4 and insert in lieu thereof:
5 An act relating to juvenile justice; amending
6 s. 938.17, F.S., relating to court costs and
7 assessments for county delinquency prevention;
8 providing for reference to "juvenile assessment
9 centers" instead of "juvenile justice
10 assessment centers" to conform to changes made
11 by the act; conforming a cross reference;
12 amending s. 938.19, F.S., authorizing the
13 assessment of certain fees for operating and
14 administering a teen court, notwithstanding
15 certain contrary provisions; amending s.
16 943.053, F.S.; permitting the Department of
17 Juvenile Justice or any other state or local
18 criminal justice agency to provide copies of
19 criminal history records for certain juvenile
20 offenders, employees, and other individuals
21 with access to a contracted juvenile assessment
22 center or detention facility or contracted
23 treatment program to the entity under direct
24 contract with the department to operate the
25 facilities or programs; providing for
26 assessment of a charge by the criminal justice
27 agency; providing guidelines for use and
28 dissemination of the information; amending and
29 renumbering s. 944.401, F.S., relating to
30 escapes from secure detention or residential
31 commitment facility; providing that escape from
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 lawful transportation to or from a secure
2 detention facility or residential commitment
3 facility is a third degree felony; providing
4 penalties; conforming references and
5 terminology; amending s. 921.0022, F.S.,
6 relating to the Criminal Punishment Code
7 offense severity ranking chart; conforming a
8 reference to changes made by the act; amending
9 s. 984.03, F.S.; redefining "habitual truant"
10 with respect to ch. 984, F.S., relating to
11 children and families in need of services;
12 defining "juvenile probation officer," in lieu
13 of "intake counselor" or "case manager," with
14 respect to ch. 984, F.S.; amending s. 985.03,
15 F.S.; redefining "habitually truant," "intake,"
16 "restrictiveness level," and "temporary
17 release"; defining "juvenile probation
18 officer"; conforming terminology and references
19 to changes made by the act; amending s.
20 985.207, F.S., relating to taking a child into
21 custody; substituting references to "juvenile
22 probation officer" for reference to "intake
23 counselor" or "case manager"; conforming
24 terminology to changes made by the act;
25 amending s. 985.208, F.S., relating to
26 detention of furloughed child or escapee on
27 authority of the department; substituting
28 reference to "juvenile probation officer" for
29 reference to "intake counselor" or "case
30 manager"; conforming terminology to changes
31 made by the act; amending s. 985.209, F.S.,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 relating to juvenile justice assessment
2 centers; removing provisions relating to such
3 centers; providing for designation and
4 operation of juvenile assessment centers in
5 lieu of juvenile justice assessment centers;
6 providing a definition; providing
7 responsibilities of juvenile assessment centers
8 as community-operated facilities and programs
9 for provision of central intake and screening
10 services to youth referred to the Department of
11 Juvenile Justice; providing responsibilities of
12 the department, law enforcement agencies,
13 substance abuse programs, mental health
14 providers, health service providers, state
15 attorneys, public defenders, schools, and other
16 agencies serving youth with respect to
17 establishment of juvenile assessment centers;
18 providing for development and modification of
19 centers through local initiative of community
20 agencies and local governments; providing for
21 management of centers by advisory committees;
22 providing for interagency agreements and
23 information sharing among participating
24 agencies; permitting the department to utilize
25 centers for purposes of performing assessments
26 and evaluations on youth awaiting placement in
27 a residential commitment program; providing for
28 transportation of youth from juvenile detention
29 centers to the centers; if feasible, for the
30 assessment and evaluation; providing for family
31 involvement in assessment and evaluation;
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 requiring inclusion of assessment and
2 evaluation information in the youth's
3 commitment packet; amending s. 985.21, F.S.,
4 relating to intake and case management;
5 substituting references to "juvenile probation
6 officer" for references to "intake counselor"
7 or "case manager"; conforming provisions to
8 changes made by the act; amending s. 985.211,
9 F.S., relating to release or delivery from
10 custody; substituting references to "juvenile
11 probation officer" for references to "intake
12 counsel" or "case manager"; conforming
13 provisions to changes made by the act; amending
14 s. 985.215, F.S.; providing that a child held
15 in secure detention awaiting dispositional
16 placement must meet detention admission
17 criteria; removing requirement for court order
18 authorizing continued detention under specified
19 circumstances when the child is committed to a
20 low-risk residential program; substituting
21 references to "juvenile probation officer" for
22 references to "intake counselor" or "case
23 manager"; conforming provisions to changes made
24 by the act; amending s. 985.231, F.S., relating
25 to powers of disposition in delinquency cases;
26 conforming a reference and terminology;
27 amending s. 985.216, F.S.; providing that a
28 child found in contempt of court may be held
29 only in a secured detention facility; amending
30 s. 985.223, F.S., relating to incompetency in
31 juvenile delinquency cases; removing a
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 provision restricting the applicability of s.
2 985.223, F.S., to certain delinquency cases
3 involving a delinquent act or violation of law
4 that would be a felony if committed by an
5 adult; requiring service of a motion
6 questioning the child's competency to proceed,
7 and service of subsequent motions, notices of
8 hearing, orders, or other pleadings, upon
9 specified counsel for the child, the state, the
10 Department of Juvenile Justice, and the
11 Department of Children and Family Services;
12 providing for participation of both departments
13 as parties to the litigation pertaining to
14 competency, under specified circumstances;
15 requiring specific statement of the basis for a
16 determination of incompetency in the evaluation
17 made by court-appointed experts; providing for
18 fees of experts; providing for reimbursements
19 of state employees for expenses; providing for
20 taxing of fees as costs in the case; requiring
21 inclusion of specific written findings in the
22 court order determining incompetency;
23 prescribing duties of the clerk of court and
24 guidelines relating to notification of the
25 order to the Department of Children and Family
26 Services and delivery of a referral packet;
27 prescribing duties of the Department of
28 Children and Family Services and guidelines
29 relating to treatment plans for the child's
30 restoration of competency; requiring commitment
31 for treatment or training to the Department of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 Children and Family Services of a child who is
2 mentally ill or retarded, is adjudicated
3 incompetent to proceed, and has committed a
4 delinquent act or violation of law constituting
5 a felony if committed by an adult; prohibiting
6 such commitment to the Department of Juvenile
7 Justice or Department of Children and Family
8 Services of a child adjudicated incompetent to
9 proceed under specified circumstances;
10 requiring court determination of whether the
11 child found mentally ill or retarded and
12 adjudicated incompetent to proceed meets the
13 criteria for secure placement; permitting
14 placement of the child in a secure facility or
15 program if the court finds by clear and
16 convincing evidence that the child meets
17 specified criteria; requiring the commitment of
18 a child to the Department of Children and
19 Family Services and requiring treatment or
20 training of the child by the department in a
21 secure facility or program, or in the
22 community, under specified circumstances;
23 requiring placements of such children to be
24 separate from adult forensic programs;
25 providing for transfer of custody of such
26 children who attain competency; prescribing
27 duties of the Department of Juvenile Justice
28 relating to transportation of a child placed in
29 or discharged from a secure residential
30 facility; providing that the purpose of the
31 treatment or training is the restoration of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 child's competency to proceed; conforming
2 terminology to changes made by the act;
3 providing duties of service providers and
4 guidelines and time limits relating to reports
5 and provision of services; prescribing duties
6 of the Department of Children and Family
7 Services and guidelines relating to discharge
8 plans; providing for court orders as
9 appropriate in certain cases for the
10 instituting of proceedings under ch. 393, F.S.,
11 relating to developmental disabilities
12 prevention and community services, or ch. 394,
13 F.S., relating to mental health and Baker Act
14 proceedings; requiring provision of
15 court-ordered competency restoration services
16 by the Department of Children and Family
17 Services; amending ss. 985.226, 985.23,
18 985.301, and 985.304, F.S., relating to
19 transfer of child for prosecution as an adult,
20 disposition hearings in delinquency cases,
21 civil citation, and community arbitration,
22 respectively; substituting references to
23 "juvenile probation officer" for references to
24 "intake counselor" or "case manager";
25 conforming provisions to changes made by the
26 act; amending s. 985.307, F.S., relating to
27 juvenile assignment centers; extending the
28 expiration date for said section to July 1,
29 2000; removing a restriction upon operation of
30 a juvenile assignment center by the department;
31 permitting instead of requiring conversion of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 certain centers under specified circumstances;
2 amending ss. 985.31 and 985.311, F.S., relating
3 to serious or habitual juvenile offenders and
4 intensive residential treatment programs for
5 offenders less than 13 years of age;
6 substituting references to "juvenile probation
7 officer" for references to "intake counselor"
8 or "case manager"; conforming provisions to
9 changes made by the act; amending s. 985.401,
10 F.S.; requiring the Juvenile Justice Advisory
11 Board to develop a standard methodology for
12 interpreting outcome-evaluation reports;
13 specifying information to be included;
14 requiring the board to consult with other
15 agencies, providers, and interested parties;
16 requiring the board to report to the
17 Legislature; amending s. 985.404, F.S.;
18 requiring the Department of Juvenile Justice
19 and other agencies to develop a
20 cost-effectiveness model for each commitment
21 program; requiring the department to rank
22 programs and report to the Legislature;
23 authorizing the department to terminate a
24 program that fails to achieve a minimum
25 threshold of effectiveness; requiring that the
26 cost-effectiveness model be consistent with
27 certain requirements for performance-based
28 budgeting; requiring the department to conduct
29 certain evaluations of commitment programs and
30 identify the factors that contribute to various
31 program ratings; amending s. 985.406, F.S.,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 relating to juvenile justice training academies
2 and Juvenile Justice Standards and Training
3 Commission; revising membership qualifications
4 for the commission; eliminating requirement for
5 member who is a community control counselor;
6 providing for membership of a juvenile
7 probation officer supervisor and a juvenile
8 probation officer; conforming terminology;
9 amending s. 985.41, F.S.; requiring a
10 determination whether a proposed site for a
11 juvenile justice facility is appropriate for
12 public use under local government plans and
13 ordinances; amending s. 985.412, F.S., relating
14 to quality assurance; requiring evaluation of
15 each program operated by the department;
16 requiring program changes and notification to
17 the Executive Office of the Governor and
18 Legislature of corrective action, under
19 specified circumstances when a
20 department-operated program fails to meet
21 established minimum thresholds; providing for
22 appropriate corrective action, including
23 disciplinary action against employees under
24 specified circumstances; providing for the
25 Department of Juvenile Justice to ensure the
26 reliability of the annual report; reenacting s.
27 985.315(4)(b), F.S., relating to
28 vocational/work training programs to
29 incorporate said amendment in a reference;
30 amending s. 985.413, F.S.; increasing the
31 maximum number of terms for district juvenile
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2288, 2nd Eng.
Amendment No. 01 (for drafter's use only)
1 justice board members; removing an exception to
2 the limitation upon the number of terms of
3 members; amending s. 985.414, F.S.; requiring
4 certain participants in interagency agreements
5 for the development of county juvenile justice
6 plans; revising requirements for contents of
7 the agreements; amending s. 985.415, F.S.;
8 revising requirements for applications for
9 community juvenile justice partnership grants;
10 conforming references and terminology;
11 providing an effective date.
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