Senate Bill 2288
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    Florida Senate - 1998                                  SB 2288
    By Senator Gutman
    34-667C-98
  1                      A bill to be entitled
  2         An act relating to juvenile justice; amending
  3         s. 943.053, F.S.; authorizing the release of
  4         certain juvenile criminal history records to a
  5         private entity under contract with the
  6         Department of Juvenile Justice; providing that
  7         such records remain confidential and exempt
  8         from the public records law; amending s.
  9         984.03, F.S.; revising definitions; providing
10         for a juvenile probation officer to perform
11         certain duties formerly performed by an intake
12         counselor or case manager; amending s. 985.03,
13         F.S.; revising definitions; providing for a
14         juvenile probation officer to perform certain
15         duties formerly performed by an intake
16         counselor or case manager; providing that
17         penalties imposed for an escape from detention
18         or a commitment facility apply to a juvenile
19         who escapes from a maximum-risk residential
20         facility; conforming cross-references to
21         changes made by the act; amending ss. 985.207,
22         985.208, F.S., relating to conditions for
23         taking a juvenile into custody and detention;
24         conforming provisions to changes made by the
25         act; amending s. 985.209, F.S.; providing for
26         the Department of Juvenile Justice to establish
27         juvenile assessment centers; providing for the
28         centers to be operated through cooperative
29         agreements with other state agencies; providing
30         for intake and screening services; amending ss.
31         985.21, 985.211, F.S.; providing for certain
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  1         functions formerly considered case-management
  2         functions to be probation functions; amending
  3         s. 985.215, F.S.; conforming terminology to
  4         changes made by the act; requiring that a
  5         juvenile held in secure detention awaiting
  6         dispositional placement meet certain criteria
  7         for detention; amending s. 985.216, F.S.;
  8         deleting a provision authorizing placement of a
  9         juvenile in a secure residential commitment
10         facility for direct or indirect contempt of
11         court; amending ss. 985.226, 985.23, F.S.,
12         relating to criteria for waiver of jurisdiction
13         and disposition hearings in delinquency cases;
14         conforming provisions to changes made by the
15         act; amending s. 985.231, F.S.; providing for
16         placing a juvenile on home detention with
17         electronic monitoring if a residential
18         consequence unit is not available; amending ss.
19         985.301, 985.304, F.S., relating to civil
20         citations and community arbitration; conforming
21         provisions to changes made by the act; deleting
22         certain references to case-management services;
23         amending s. 985.307, F.S.; extending the period
24         during which the Department of Juvenile Justice
25         is authorized to operate juvenile assignment
26         centers; amending ss. 985.31, 985.311, F.S.,
27         relating to serious or habitual juvenile
28         offenders and intensive residential treatment
29         programs for offenders less than 13 years of
30         age; conforming provisions to changes made by
31         the act; transferring, renumbering, and
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    Florida Senate - 1998                                  SB 2288
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  1         amending s. 944.401, F.S., relating to the
  2         offense of escaping from secure detention or a
  3         residential commitment facility; conforming a
  4         cross-reference; amending s. 985.406, F.S.,
  5         relating to juvenile justice training
  6         academies; conforming provisions to changes
  7         made by the act; amending s. 985.412, F.S.;
  8         deleting a duty of the department's inspector
  9         general with respect to quality assurance;
10         amending s. 985.413, F.S.; increasing the
11         number of consecutive terms that may be served
12         by a member of a district juvenile justice
13         board; deleting an exemption from such
14         limitation; amending s. 985.414, F.S.;
15         specifying the parties to be included in an
16         interagency agreement for developing a county
17         juvenile justice plan; amending s. 985.415,
18         F.S.; revising eligibility requirements for a
19         Community Juvenile Justice Partnership Grant;
20         amending s. 938.19, F.S.; authorizing the
21         assessment of certain fees for the purpose of
22         operating and administering a teen court,
23         notwithstanding certain contrary provisions;
24         providing effective dates.
25
26  Be It Enacted by the Legislature of the State of Florida:
27
28         Section 1.  Subsection (8) is added to section 943.053,
29  Florida Statutes, to read:
30         943.053  Dissemination of criminal justice information;
31  fees.--
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  1         (8)  Notwithstanding s. 943.0525 or any user agreement
  2  adopted under s. 943.0525, and notwithstanding the
  3  confidentiality of sealed records provided in s. 943.059, the
  4  Department of Juvenile Justice and any other state or local
  5  criminal justice agency may provide a copy of the criminal
  6  history records of a juvenile offender currently or formerly
  7  detained or housed in a contracted juvenile assessment center
  8  or detention facility, or treated through a treatment program,
  9  or the criminal history records of an employee or other
10  individual who has access to a contracted juvenile assessment
11  center, detention facility, or treatment program, only to an
12  entity under direct contract with the Department of Juvenile
13  Justice to operate a juvenile assessment center, detention
14  facility, or treatment program. The criminal justice agency
15  may assess a charge for providing the records as provided in
16  chapter 119. A sealed record received by a private entity
17  under this subsection remains confidential and exempt from s.
18  119.07(1) and s. 24(a), Art. I of the State Constitution.
19  Information provided under this subsection may be used only
20  for the criminal justice purpose for which it was requested
21  and may not be further disseminated.
22         Section 2.  Paragraph (c) of subsection (29), paragraph
23  (c) of subsection (30), and subsections (31), (32), and (33)
24  of section 984.03, Florida Statutes, are amended to read:
25         984.03  Definitions.--When used in this chapter, the
26  term:
27         (29)  "Habitually truant" means that:
28         (c)  A school representative, designated according to
29  school board policy, and a juvenile probation officer an
30  intake counselor or case manager of the Department of Juvenile
31  Justice have jointly investigated the truancy problem or, if
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  1  that was not feasible, have performed separate investigations
  2  to identify conditions that which may be contributing to the
  3  truant behavior; and if, after a joint staffing of the case to
  4  determine the necessity for services, such services were
  5  determined to be needed, the persons who performed the
  6  investigations met jointly with the family and child to
  7  discuss any referral to appropriate community agencies for
  8  economic services, family or individual counseling, or other
  9  services required to remedy the conditions that are
10  contributing to the truant behavior.
11         (30)  "Intake" means the initial acceptance and
12  screening by the Department of Juvenile Justice of a complaint
13  or a law enforcement report or probable cause affidavit of
14  delinquency, family in need of services, or child in need of
15  services to determine the recommendation to be taken in the
16  best interests of the child, the family, and the community.
17  The emphasis of intake is on diversion and the least
18  restrictive available services. Consequently, intake includes
19  such alternatives as:
20         (c)  The recommendation by the juvenile probation
21  officer intake counselor or case manager of judicial handling
22  when appropriate and warranted.
23         (31)  "Intake counselor" or "case manager" means the
24  authorized agent of the Department of Juvenile Justice
25  performing the intake or case management function for a child
26  alleged to be delinquent or in need of services, or from a
27  family in need of services.
28         (31)(32)  "Judge" means the circuit judge exercising
29  jurisdiction pursuant to this chapter.
30         (32)(33)  "Juvenile justice continuum" includes, but is
31  not limited to, delinquency prevention programs and services
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  1  designed for the purpose of preventing or reducing delinquent
  2  acts, including criminal activity by youth gangs and juvenile
  3  arrests, as well as programs and services targeted at children
  4  who have committed delinquent acts, and children who have
  5  previously been committed to residential treatment programs
  6  for delinquents. The term includes
  7  children-in-need-of-services and families-in-need-of-services
  8  programs; aftercare and reentry services; substance abuse and
  9  mental health programs; educational and vocational programs;
10  recreational programs; community services programs; community
11  service work programs; and alternative dispute resolution
12  programs serving children at risk of delinquency and their
13  families, whether offered or delivered by state or local
14  governmental entities, public or private for-profit or
15  not-for-profit organizations, or religious or charitable
16  organizations.
17         (33)  "Juvenile probation officer" means the authorized
18  agent of the department who performs and directs intake,
19  assessment, probation or aftercare, and other related
20  services.
21         Section 3.  Paragraph (c) of subsection (27), paragraph
22  (c) of subsection (29), and subsections (30), (31), (32),
23  (45), and (55) of section 985.03, Florida Statutes, are
24  amended to read:
25         985.03  Definitions.--When used in this chapter, the
26  term:
27         (27)  "Habitually truant" means that:
28         (c)  A school representative, designated according to
29  school board policy, and a juvenile probation officer an
30  intake counselor or case manager of the Department of Juvenile
31  Justice have jointly investigated the truancy problem or, if
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  1  that was not feasible, have performed separate investigations
  2  to identify conditions that could which may be contributing to
  3  the truant behavior; and if, after a joint staffing of the
  4  case to determine the necessity for services, such services
  5  were determined to be needed, the persons who performed the
  6  investigations met jointly with the family and child to
  7  discuss any referral to appropriate community agencies for
  8  economic services, family or individual counseling, or other
  9  services required to remedy the conditions that are
10  contributing to the truant behavior.
11         (29)  "Intake" means the initial acceptance and
12  screening by the Department of Juvenile Justice of a complaint
13  or a law enforcement report or probable cause affidavit of
14  delinquency, family in need of services, or child in need of
15  services to determine the recommendation to be taken in the
16  best interests of the child, the family, and the community.
17  The emphasis of intake is on diversion and the least
18  restrictive available services. Consequently, intake includes
19  such alternatives as:
20         (c)  The recommendation by the juvenile probation
21  officer intake counselor or case manager of judicial handling
22  when appropriate and warranted.
23         (30)  "Intake counselor" or "case manager" means the
24  authorized agent of the Department of Juvenile Justice
25  performing the intake or case management function for a child
26  alleged to be delinquent.
27         (30)(31)  "Judge" means the circuit judge exercising
28  jurisdiction pursuant to this chapter.
29         (31)(32)  "Juvenile justice continuum" includes, but is
30  not limited to, delinquency prevention programs and services
31  designed for the purpose of preventing or reducing delinquent
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  1  acts, including criminal activity by youth gangs, and juvenile
  2  arrests, as well as programs and services targeted at children
  3  who have committed delinquent acts, and children who have
  4  previously been committed to residential treatment programs
  5  for delinquents. The term includes
  6  children-in-need-of-services and families-in-need-of-services
  7  programs; aftercare and reentry services; substance abuse and
  8  mental health programs; educational and vocational programs;
  9  recreational programs; community services programs; community
10  service work programs; and alternative dispute resolution
11  programs serving children at risk of delinquency and their
12  families, whether offered or delivered by state or local
13  governmental entities, public or private for-profit or
14  not-for-profit organizations, or religious or charitable
15  organizations.
16         (32)  "Juvenile probation officer" means the authorized
17  agent of the Department of Juvenile Justice who performs the
18  intake or case-management function for a child alleged to be
19  delinquent.
20         (45)  "Restrictiveness level" means the level of
21  custody provided by programs that service the custody and care
22  needs of committed children. There shall be five
23  restrictiveness levels:
24         (a)  Minimum-risk nonresidential.--Youth assessed and
25  classified for placement in programs at this restrictiveness
26  level represent a minimum risk to themselves and public safety
27  and do not require placement and services in residential
28  settings. Programs or program models in this restrictiveness
29  level include: community counselor supervision programs,
30  special intensive group programs, nonresidential marine
31
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  1  programs, nonresidential training and rehabilitation centers,
  2  and other local community nonresidential programs.
  3         (b)  Low-risk residential.--Youth assessed and
  4  classified for placement in programs at this level represent a
  5  low risk to themselves and public safety and do require
  6  placement and services in residential settings. Programs or
  7  program models in this restrictiveness level include: Short
  8  Term Offender Programs (STOP), group treatment homes, family
  9  group homes, proctor homes, and Short Term Environmental
10  Programs (STEP). Section 985.3141 944.401 applies to children
11  placed in programs in this restrictiveness level.
12         (c)  Moderate-risk residential.--Youth assessed and
13  classified for placement in programs in this restrictiveness
14  level represent a moderate risk to public safety.  Programs
15  are designed for children who require close supervision but do
16  not need placement in facilities that are physically secure.
17  Programs in the moderate-risk residential restrictiveness
18  level provide 24-hour awake supervision, custody, care, and
19  treatment.  Upon specific appropriation, a facility at this
20  restrictiveness level may have a security fence around the
21  perimeter of the grounds of the facility and may be
22  hardware-secure or staff-secure. The staff at a facility at
23  this restrictiveness level may seclude a child who is a
24  physical threat to himself or others.  Mechanical restraint
25  may also be used when necessary. Programs or program models in
26  this restrictiveness level include: halfway houses, START
27  Centers, the Dade Intensive Control Program, licensed
28  substance abuse residential programs, and moderate-term
29  wilderness programs designed for committed delinquent youth
30  that are operated or contracted by the Department of Juvenile
31
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  1  Justice.  Section 985.3141 944.401 applies to children in
  2  moderate-risk residential programs.
  3         (d)  High-risk residential.--Youth assessed and
  4  classified for this level of placement require close
  5  supervision in a structured residential setting that provides
  6  24-hour-per-day secure custody, care, and supervision.
  7  Placement in programs in this level is prompted by a concern
  8  for public safety that outweighs placement in programs at
  9  lower restrictiveness levels. Programs or program models in
10  this level are staff-secure or physically secure residential
11  commitment facilities and include: training schools, intensive
12  halfway houses, residential sex offender programs, long-term
13  wilderness programs designed exclusively for committed
14  delinquent youth, boot camps, secure halfway house programs,
15  and the Broward Control Treatment Center. Section 985.3141
16  944.401 applies to children placed in programs in this
17  restrictiveness level.
18         (e)  Maximum-risk residential.--Youth assessed and
19  classified for this level of placement require close
20  supervision in a maximum security residential setting that
21  provides 24-hour-per-day secure custody, care, and
22  supervision. Placement in a program in this level is prompted
23  by a demonstrated need to protect the public. Programs or
24  program models in this level are maximum-secure-custody,
25  long-term residential commitment facilities that are intended
26  to provide a moderate overlay of educational, vocational, and
27  behavioral-modification services. Section 985.3141 applies to
28  children placed in programs in this restrictiveness level. and
29  include programs for serious and habitual juvenile offenders
30  and other maximum-security program models authorized by the
31  Legislature and established by rule.
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  1         (55)  "Temporary release" means the terms and
  2  conditions under which a child is temporarily released from a
  3  commitment facility or allowed home visits. If the temporary
  4  release is from a moderate-risk residential facility, a
  5  high-risk residential facility, or a maximum-risk residential
  6  facility, the terms and conditions of the temporary release
  7  must be approved by the child, the court, and the facility.
  8  The term includes periods during which the child is supervised
  9  pursuant to a reentry program or an aftercare program or a
10  period during which the child is supervised by a juvenile
11  probation officer case manager or other nonresidential staff
12  of the department or staff employed by an entity under
13  contract with the department. A child placed in a
14  postcommitment supervision community control program by order
15  of the court is not considered to be on temporary release and
16  is not subject to the terms and conditions of temporary
17  release.
18         Section 4.  Subsection (2) of section 985.207, Florida
19  Statutes, is amended to read:
20         985.207  Taking a child into custody.--
21         (2)  When a child is taken into custody as provided in
22  this section, the person taking the child into custody shall
23  attempt to notify the parent, guardian, or legal custodian of
24  the child.  The person taking the child into custody shall
25  continue such attempt until the parent, guardian, or legal
26  custodian of the child is notified or the child is delivered
27  to a juvenile probation officer an intake counselor pursuant
28  to s. 985.21, whichever occurs first.  If the child is
29  delivered to a juvenile probation officer an intake counselor
30  before the parent, guardian, or legal custodian is notified,
31  the juvenile probation officer intake counselor or case
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  1  manager shall continue the attempt to notify until the parent,
  2  guardian, or legal custodian of the child is notified.
  3         Section 5.  Subsection (2) of section 985.208, Florida
  4  Statutes, is amended to read:
  5         985.208  Detention of furloughed child or escapee on
  6  authority of the department.--
  7         (2)  Any sheriff or other law enforcement officer, upon
  8  the request of the secretary of the department or duly
  9  authorized agent, shall take a child who has escaped or
10  absconded from a department facility for committed delinquent
11  children, or from being lawfully transported thereto or
12  therefrom, into custody and deliver the child to the
13  appropriate juvenile probation officer intake counselor or
14  case manager of the department.
15         Section 6.  Section 985.209, Florida Statutes, is
16  amended to read:
17         985.209  Juvenile justice assessment centers.--
18         (1)  As used in this section, the term "center" means a
19  juvenile assessment center comprising community operated
20  facilities and programs that provide colocated central intake
21  and screening services for youth referred to the Department of
22  Juvenile Justice.
23         (2)  The department shall work cooperatively with
24  substance abuse programs, mental health providers, law
25  enforcement agencies, schools, health service providers, and
26  other agencies serving youth to establish juvenile assessment
27  centers. Each current and newly established center shall be
28  developed and modified through the local initiative of
29  community agencies and local governments and shall provide a
30  broad array of youth-related services appropriate to the needs
31  of the community where the center is located.
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  1         (3)  Each center shall be managed and governed by the
  2  participating agencies, consistent with respective statutory
  3  requirements of each agency, through an advisory committee and
  4  interagency agreements established with participating
  5  entities. The advisory committee shall guide the center's
  6  operation and ensure that appropriate and relevant agencies
  7  are collaboratively participating in and providing services at
  8  the center. Each participating state agency shall have
  9  operational oversight of only those individual service
10  components located and provided at the center for which the
11  state agency has statutory authority and responsibility.
12         (4)  Each center shall provide colocated central intake
13  and screening services for youth referred to the department.
14  The center shall provide sufficient services needed to
15  facilitate the initial screening of and case processing for
16  youth, including, at a minimum, delinquency intake; positive
17  identification of the youth; detention admission screening;
18  needs assessment; substance abuse screening and assessments;
19  physical and mental health screening; and diagnostic testing
20  as appropriate. The department shall provide sufficient staff
21  and resources at a center to provide detention screening and
22  intake services.
23         (5)  Each center must provide for the coordination and
24  sharing of information among the participating agencies to
25  facilitate the screening of and case processing for youth
26  referred to the department. The department shall work
27  cooperatively with substance abuse facilities, mental health
28  providers, law enforcement agencies, schools, health services
29  providers, and other entities involved with children to
30  establish a juvenile justice assessment center in each service
31  district. The assessment center shall serve as central intake
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  1  and screening for children referred to the department. Each
  2  juvenile justice assessment center shall provide services
  3  needed to facilitate initial screening of children, including
  4  intake and needs assessment, substance abuse screening,
  5  physical and mental health screening, and diagnostic testing,
  6  as appropriate. The entities involved in the assessment center
  7  shall make the resources for the provision of these services
  8  available at the same level to which they are available to the
  9  general public.
10         Section 7.  Section 985.21, Florida Statutes, is
11  amended to read:
12         985.21  Intake and case management.--
13         (1)(a)  During the intake process, the juvenile
14  probation officer intake counselor shall screen each child to
15  determine:
16         1.  Appropriateness for release, referral to a
17  diversionary program including, but not limited to, a
18  teen-court program, referral for community arbitration, or
19  referral to some other program or agency for the purpose of
20  nonofficial or nonjudicial handling.
21         2.  The presence of medical, psychiatric,
22  psychological, substance abuse, educational problems, or other
23  conditions that may have caused the child to come to the
24  attention of law enforcement or the Department of Juvenile
25  Justice. In cases where such conditions are identified, and a
26  nonjudicial handling of the case is chosen, the juvenile
27  probation officer intake counselor shall attempt to refer the
28  child to a program or agency, together with all available and
29  relevant assessment information concerning the child's
30  precipitating condition.
31
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  1         3.  The Department of Juvenile Justice shall develop a
  2  case management system whereby a child brought into intake is
  3  assigned a juvenile probation officer case manager if the
  4  child was not released, referred to a diversionary program,
  5  referred for community arbitration, or referred to some other
  6  program or agency for the purpose of nonofficial or
  7  nonjudicial handling, and shall make every reasonable effort
  8  to provide continuity of case management for the child;
  9  provided, however, that case management for children committed
10  to residential programs may be transferred as provided in s.
11  985.316.
12         4.  In addition to duties specified in other sections
13  and through departmental rules, the assigned juvenile
14  probation officer case manager shall be responsible for the
15  following:
16         a.  Ensuring that a risk assessment instrument
17  establishing the child's eligibility for detention has been
18  accurately completed and that the appropriate recommendation
19  was made to the court.
20         b.  Inquiring as to whether the child understands his
21  or her rights to counsel and against self-incrimination.
22         c.  Performing the preliminary screening and making
23  referrals for comprehensive assessment regarding the child's
24  need for substance abuse treatment services, mental health
25  services, retardation services, literacy services, or other
26  educational or treatment services.
27         d.  Coordinating the multidisciplinary assessment when
28  required, which includes the classification and placement
29  process that determines the child's priority needs, risk
30  classification, and treatment plan. When sufficient evidence
31  exists to warrant a comprehensive assessment and the child
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  1  fails to voluntarily participate in the assessment efforts, it
  2  is the responsibility of the juvenile probation officer case
  3  manager to inform the court of the need for the assessment and
  4  the refusal of the child to participate in such assessment.
  5  This assessment, classification, and placement process shall
  6  develop into the predisposition report.
  7         e.  Making recommendations for services and
  8  facilitating the delivery of those services to the child,
  9  including any mental health services, educational services,
10  family counseling services, family assistance services, and
11  substance abuse services. The juvenile probation officer
12  delinquency case manager shall serve as the primary case
13  manager for the purpose of managing, coordinating, and
14  monitoring the services provided to the child. Each program
15  administrator within the Department of Children and Family
16  Services shall cooperate with the primary case manager in
17  carrying out the duties and responsibilities described in this
18  section.
19
20  The Department of Juvenile Justice shall annually advise the
21  Legislature and the Executive Office of the Governor of the
22  resources needed in order for the case management system to
23  maintain a staff-to-client ratio that is consistent with
24  accepted standards and allows the necessary supervision and
25  services for each child. The intake process and case
26  management system shall provide a comprehensive approach to
27  assessing the child's needs, relative risks, and most
28  appropriate handling, and shall be based on an individualized
29  treatment plan.
30         (b)  The intake and case management system shall
31  facilitate consistency in the recommended placement of each
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  1  child, and in the assessment, classification, and placement
  2  process, with the following purposes:
  3         1.  An individualized, multidisciplinary assessment
  4  process that identifies the priority needs of each individual
  5  child for rehabilitation and treatment and identifies any
  6  needs of the child's parents or guardians for services that
  7  would enhance their ability to provide adequate support,
  8  guidance, and supervision for the child. This process shall
  9  begin with the detention risk assessment instrument and
10  decision, shall include the intake preliminary screening and
11  comprehensive assessment for substance abuse treatment
12  services, mental health services, retardation services,
13  literacy services, and other educational and treatment
14  services as components, additional assessment of the child's
15  treatment needs, and classification regarding the child's
16  risks to the community and, for a serious or habitual
17  delinquent child, shall include the assessment for placement
18  in a serious or habitual delinquent children program pursuant
19  to s. 985.31. The completed multidisciplinary assessment
20  process shall result in the predisposition report.
21         2.  A classification system that assigns a relative
22  risk to the child and the community based upon assessments
23  including the detention risk assessment results when available
24  to classify the child's risk as it relates to placement and
25  supervision alternatives.
26         3.  An admissions process that facilitates for each
27  child the utilization of the treatment plan and setting most
28  appropriate to meet the child's programmatic needs and provide
29  the minimum program security needed to ensure public safety.
30         (2)  The intake process shall be performed by the
31  department through a case management system. The purpose of
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  1  the intake process is to assess the child's needs and risks
  2  and to determine the most appropriate treatment plan and
  3  setting for the child's programmatic needs and risks.  The
  4  intake process shall result in choosing the most appropriate
  5  services through a balancing of the interests and needs of the
  6  child with those of the family and the public. The juvenile
  7  probation officer intake counselor or case manager is
  8  responsible for making informed decisions and recommendations
  9  to other agencies, the state attorney, and the courts so that
10  the child and family may receive the least intrusive service
11  alternative throughout the judicial process. The department
12  shall establish uniform procedures for the juvenile probation
13  officer intake counselor or case manager to provide, prior to
14  the filing of a petition or as soon as possible thereafter and
15  prior to a disposition hearing, a preliminary screening of the
16  child and family for substance abuse and mental health
17  services.
18         (3)  A report, affidavit, or complaint alleging that a
19  child has committed a delinquent act or violation of law shall
20  be made to the intake office operating in the county in which
21  the child is found or in which the delinquent act or violation
22  of law occurred.  Any person or agency having knowledge of the
23  facts may make such a written report, affidavit, or complaint
24  and shall furnish to the intake office facts sufficient to
25  establish the jurisdiction of the court and to support a
26  finding by the court that the child has committed a delinquent
27  act or violation of law.
28         (4)  The juvenile probation officer intake counselor or
29  case manager shall make a preliminary determination as to
30  whether the report, affidavit, or complaint is complete,
31  consulting with the state attorney as may be necessary. In any
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  1  case where the juvenile probation officer intake counselor or
  2  case manager or the state attorney finds that the report,
  3  affidavit, or complaint is insufficient by the standards for a
  4  probable cause affidavit, the juvenile probation officer
  5  intake counselor or case manager or state attorney shall
  6  return the report, affidavit, or complaint, without delay, to
  7  the person or agency originating the report, affidavit, or
  8  complaint or having knowledge of the facts or to the
  9  appropriate law enforcement agency having investigative
10  jurisdiction of the offense, and shall request, and the person
11  or agency shall promptly furnish, additional information in
12  order to comply with the standards for a probable cause
13  affidavit.
14         (a)  The juvenile probation officer intake counselor or
15  case manager, upon determining that the report, affidavit, or
16  complaint is complete, may, in the case of a child who is
17  alleged to have committed a delinquent act or violation of
18  law, recommend that the state attorney file a petition of
19  delinquency or an information or seek an indictment by the
20  grand jury. However, such a recommendation is not a
21  prerequisite for any action taken by the state attorney.
22         (b)  The juvenile probation officer intake counselor or
23  case manager, upon determining that the report, affidavit, or
24  complaint is complete, pursuant to uniform procedures
25  established by the department, shall:
26         1.  When indicated by the preliminary screening,
27  provide for a comprehensive assessment of the child and family
28  for substance abuse problems, using community-based licensed
29  programs with clinical expertise and experience in the
30  assessment of substance abuse problems.
31
                                  19
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  1         2.  When indicated by the preliminary screening,
  2  provide for a comprehensive assessment of the child and family
  3  for mental health problems, using community-based
  4  psychologists, psychiatrists, or other licensed mental health
  5  professionals with clinical expertise and experience in the
  6  assessment of mental health problems.
  7
  8  When indicated by the comprehensive assessment, the department
  9  is authorized to contract within appropriated funds for
10  services with a local nonprofit community mental health or
11  substance abuse agency licensed or authorized under chapter
12  394, or chapter 397, or other authorized nonprofit social
13  service agency providing related services. The determination
14  of mental health or substance abuse services shall be
15  conducted in coordination with existing programs providing
16  mental health or substance abuse services in conjunction with
17  the intake office. Client information resulting from the
18  screening and evaluation shall be documented pursuant to rules
19  established by the department and shall serve to assist the
20  juvenile probation officer intake counselor or case manager in
21  providing the most appropriate services and recommendations in
22  the least intrusive manner. Such client information shall be
23  used in the multidisciplinary assessment and classification of
24  the child, but such information, and any information obtained
25  directly or indirectly through the assessment process, is
26  inadmissible in court prior to the disposition hearing, unless
27  the child's written consent is obtained. At the disposition
28  hearing, documented client information shall serve to assist
29  the court in making the most appropriate custody,
30  adjudicatory, and dispositional decision. If the screening and
31  assessment indicate that the interest of the child and the
                                  20
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  1  public will be best served thereby, the juvenile probation
  2  officer intake counselor or case manager, with the approval of
  3  the state attorney, may refer the child for care, diagnostic
  4  and evaluation services, substance abuse treatment services,
  5  mental health services, retardation services, a diversionary
  6  or arbitration or mediation program, community service work,
  7  or other programs or treatment services voluntarily accepted
  8  by the child and the child's parents or legal guardians. The
  9  victim, if any, and the law enforcement agency which
10  investigated the offense shall be notified immediately by the
11  state attorney of the action taken under this paragraph.
12  Whenever a child volunteers to participate in any work program
13  under this chapter or volunteers to work in a specified state,
14  county, municipal, or community service organization
15  supervised work program or to work for the victim, the child
16  shall be considered an employee of the state for the purposes
17  of liability. In determining the child's average weekly wage,
18  unless otherwise determined by a specific funding program, all
19  remuneration received from the employer is considered a
20  gratuity, and the child is not entitled to any benefits
21  otherwise payable under s. 440.15, regardless of whether the
22  child may be receiving wages and remuneration from other
23  employment with another employer and regardless of the child's
24  future wage-earning capacity.
25         (c)  The juvenile probation officer intake counselor or
26  case manager, upon determining that the report, affidavit, or
27  complaint complies with the standards of a probable cause
28  affidavit and that the interest of the child and the public
29  will be best served, may recommend that a delinquency petition
30  not be filed. If such a recommendation is made, the juvenile
31  probation officer intake counselor or case manager shall
                                  21
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  1  advise in writing the person or agency making the report,
  2  affidavit, or complaint, the victim, if any, and the law
  3  enforcement agency having investigative jurisdiction of the
  4  offense of the recommendation and the reasons therefor; and
  5  that the person or agency may submit, within 10 days after the
  6  receipt of such notice, the report, affidavit, or complaint to
  7  the state attorney for special review. The state attorney,
  8  upon receiving a request for special review, shall consider
  9  the facts presented by the report, affidavit, or complaint,
10  and by the juvenile probation officer intake counselor or case
11  manager who made the recommendation that no petition be filed,
12  before making a final decision as to whether a petition or
13  information should or should not be filed.
14         (d)  In all cases in which the child is alleged to have
15  committed a violation of law or delinquent act and is not
16  detained, the juvenile probation officer intake counselor or
17  case manager shall submit a written report to the state
18  attorney, including the original report, complaint, or
19  affidavit, or a copy thereof, including a copy of the child's
20  prior juvenile record, within 20 days after the date the child
21  is taken into custody. In cases in which the child is in
22  detention, the intake office report must be submitted within
23  24 hours after the child is placed into detention. The intake
24  office report must recommend either that a petition or
25  information be filed or that no petition or information be
26  filed, and must set forth reasons for the recommendation.
27         (e)  The state attorney may in all cases take action
28  independent of the action or lack of action of the juvenile
29  probation officer intake counselor or case manager, and shall
30  determine the action which is in the best interest of the
31  public and the child. If the child meets the criteria
                                  22
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  1  requiring prosecution as an adult pursuant to s. 985.226, the
  2  state attorney shall request the court to transfer and certify
  3  the child for prosecution as an adult or shall provide written
  4  reasons to the court for not making such request. In all other
  5  cases, the state attorney may:
  6         1.  File a petition for dependency;
  7         2.  File a petition pursuant to chapter 984;
  8         3.  File a petition for delinquency;
  9         4.  File a petition for delinquency with a motion to
10  transfer and certify the child for prosecution as an adult;
11         5.  File an information pursuant to s. 985.227;
12         6.  Refer the case to a grand jury;
13         7.  Refer the child to a diversionary, pretrial
14  intervention, arbitration, or mediation program, or to some
15  other treatment or care program if such program commitment is
16  voluntarily accepted by the child or the child's parents or
17  legal guardians; or
18         8.  Decline to file.
19         (f)  In cases in which a delinquency report, affidavit,
20  or complaint is filed by a law enforcement agency and the
21  state attorney determines not to file a petition, the state
22  attorney shall advise the clerk of the circuit court in
23  writing that no petition will be filed thereon.
24         (5)  Prior to requesting that a delinquency petition be
25  filed or prior to filing a dependency petition, the juvenile
26  probation intake officer may request the parent or legal
27  guardian of the child to attend a course of instruction in
28  parenting skills, training in conflict resolution, and the
29  practice of nonviolence; to accept counseling; or to receive
30  other assistance from any agency in the community which
31  notifies the clerk of the court of the availability of its
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  1  services. Where appropriate, the juvenile probation intake
  2  officer shall request both parents or guardians to receive
  3  such parental assistance. The juvenile probation intake
  4  officer may, in determining whether to request that a
  5  delinquency petition be filed, take into consideration the
  6  willingness of the parent or legal guardian to comply with
  7  such request.
  8         Section 8.  Subsections (3) and (4) and paragraph (c)
  9  of subsection (6) of section 985.211, Florida Statutes, are
10  amended to read:
11         985.211  Release or delivery from custody.--
12         (3)  If the child is released, the person taking the
13  child into custody shall make a written report or probable
14  cause affidavit to the appropriate juvenile probation officer
15  intake counselor or case manager within 3 days, stating the
16  facts and the reason for taking the child into custody.  Such
17  written report or probable cause affidavit shall:
18         (a)  Identify the child, the parents, guardian, or
19  legal custodian, and the person to whom the child was
20  released.
21         (b)  Contain sufficient information to establish the
22  jurisdiction of the court and to make a prima facie showing
23  that the child has committed a violation of law or a
24  delinquent act.
25         (4)  A person taking a child into custody who
26  determines, pursuant to s. 985.215, that the child should be
27  detained or released to a shelter designated by the
28  department, shall make a reasonable effort to immediately
29  notify the parent, guardian, or legal custodian of the child
30  and shall, without unreasonable delay, deliver the child to
31  the appropriate juvenile probation officer intake counselor or
                                  24
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  1  case manager or, if the court has so ordered pursuant to s.
  2  985.215, to a detention center or facility. Upon delivery of
  3  the child, the person taking the child into custody shall make
  4  a written report or probable cause affidavit to the
  5  appropriate juvenile probation officer intake counselor or
  6  case manager. Such written report or probable cause affidavit
  7  must:
  8         (a)  Identify the child and, if known, the parents,
  9  guardian, or legal custodian.
10         (b)  Establish that the child was legally taken into
11  custody, with sufficient information to establish the
12  jurisdiction of the court and to make a prima facie showing
13  that the child has committed a violation of law.
14         (6)
15         (c)  Each letter of recommendation, written notice,
16  report, or other paper required by law pertaining to the case
17  shall bear the uniform case number of the case, and a copy
18  shall be filed with the clerk of the circuit court by the
19  issuing agency.  The issuing agency shall furnish copies to
20  the juvenile probation officer intake counselor or case
21  manager and the state attorney.
22         Section 9.  Subsections (1) and (2) and paragraph (a)
23  of subsection (10) of section 985.215, Florida Statutes, are
24  amended to read:
25         985.215  Detention.--
26         (1)  The juvenile probation officer intake counselor or
27  case manager shall receive custody of a child who has been
28  taken into custody from the law enforcement agency and shall
29  review the facts in the law enforcement report or probable
30  cause affidavit and make such further inquiry as may be
31  necessary to determine whether detention care is required.
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  1         (a)  During the period of time from the taking of the
  2  child into custody to the date of the detention hearing, the
  3  initial decision as to the child's placement into secure
  4  detention care, nonsecure detention care, or home detention
  5  care shall be made by the juvenile probation officer intake
  6  counselor or case manager pursuant to ss. 985.213 and 985.214.
  7         (b)  The juvenile probation officer intake counselor or
  8  case manager shall base the decision whether or not to place
  9  the child into secure detention care, home detention care, or
10  nonsecure detention care on an assessment of risk in
11  accordance with the risk assessment instrument and procedures
12  developed by the Department of Juvenile Justice under s.
13  985.213.
14         (c)  If the juvenile probation officer intake counselor
15  or case manager determines that a child who is eligible for
16  detention based upon the results of the risk assessment
17  instrument should be released, the juvenile probation officer
18  intake counselor or case manager shall contact the state
19  attorney, who may authorize release. If detention is not
20  authorized, the child may be released by the juvenile
21  probation officer intake counselor or case manager in
22  accordance with s. 985.211.
23
24  Under no circumstances shall the juvenile probation officer
25  intake counselor or case manager or the state attorney or law
26  enforcement officer authorize the detention of any child in a
27  jail or other facility intended or used for the detention of
28  adults, without an order of the court.
29         (2)  Subject to the provisions of subsection (1), a
30  child taken into custody and placed into nonsecure or home
31
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  1  detention care or detained in secure detention care prior to a
  2  detention hearing may continue to be detained by the court if:
  3         (a)  The child is alleged to be an escapee or an
  4  absconder from a commitment program, a community control
  5  program, furlough, or aftercare supervision, or is alleged to
  6  have escaped while being lawfully transported to or from such
  7  program or supervision.
  8         (b)  The child is wanted in another jurisdiction for an
  9  offense which, if committed by an adult, would be a felony.
10         (c)  The child is charged with a delinquent act or
11  violation of law and requests in writing through legal counsel
12  to be detained for protection from an imminent physical threat
13  to his or her personal safety.
14         (d)  The child is charged with committing an offense of
15  domestic violence as defined in s. 741.28(1) and is detained
16  as provided in s. 985.213(2)(b)3.
17         (e)  The child is charged with a capital felony, a life
18  felony, a felony of the first degree, a felony of the second
19  degree that does not involve a violation of chapter 893, or a
20  felony of the third degree that is also a crime of violence,
21  including any such offense involving the use or possession of
22  a firearm.
23         (f)  The child is charged with any second degree or
24  third degree felony involving a violation of chapter 893 or
25  any third degree felony that is not also a crime of violence,
26  and the child:
27         1.  Has a record of failure to appear at court hearings
28  after being properly notified in accordance with the Rules of
29  Juvenile Procedure;
30         2.  Has a record of law violations prior to court
31  hearings;
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  1         3.  Has already been detained or has been released and
  2  is awaiting final disposition of the case;
  3         4.  Has a record of violent conduct resulting in
  4  physical injury to others; or
  5         5.  Is found to have been in possession of a firearm.
  6         (g)  The child is alleged to have violated the
  7  conditions of the child's community control or aftercare
  8  supervision. However, a child detained under this paragraph
  9  may be held only in a consequence unit as provided in s.
10  985.231(1)(a)1.c. If a consequence unit is not available, the
11  child shall be placed on home detention with electronic
12  monitoring.
13
14  A child who meets any of these criteria and who is ordered to
15  be detained pursuant to this subsection shall be given a
16  hearing within 24 hours after being taken into custody. The
17  purpose of the detention hearing is to determine the existence
18  of probable cause that the child has committed the delinquent
19  act or violation of law with which he or she is charged and
20  the need for continued detention. Unless a child is detained
21  under paragraph (d), the court shall utilize the results of
22  the risk assessment performed by the juvenile probation
23  officer intake counselor or case manager and, based on the
24  criteria in this subsection, shall determine the need for
25  continued detention. A child placed into secure, nonsecure, or
26  home detention care may continue to be so detained by the
27  court pursuant to this subsection. If the court orders a
28  placement more restrictive than indicated by the results of
29  the risk assessment instrument, the court shall state, in
30  writing, clear and convincing reasons for such placement.
31  Except as provided in s. 790.22(8) or in subparagraph
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  1  (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
  2  (10)(d), when a child is placed into secure or nonsecure
  3  detention care, or into a respite home or other placement
  4  pursuant to a court order following a hearing, the court order
  5  must include specific instructions that direct the release of
  6  the child from such placement no later than 5 p.m. on the last
  7  day of the detention period specified in paragraph (5)(b) or
  8  paragraph (5)(c), or subparagraph (10)(a)1., whichever is
  9  applicable, unless the requirements of such applicable
10  provision have been met or an order of continuance has been
11  granted pursuant to paragraph (5)(d).
12         (10)(a)1.  When a child is committed to the Department
13  of Juvenile Justice awaiting dispositional placement, removal
14  of the child from detention care shall occur within 5 days,
15  excluding Saturdays, Sundays, and legal holidays. If the child
16  is committed to a low-risk residential program or a
17  moderate-risk residential program, the department may seek an
18  order from the court authorizing continued detention for a
19  specific period of time necessary for the appropriate
20  residential placement of the child. However, such continued
21  detention in secure detention care may not exceed 15 days
22  after commitment, excluding Saturdays, Sundays, and legal
23  holidays, and except as otherwise provided in this subsection.
24  A child may not be held in secure detention during the 5-day
25  period while awaiting placement unless the child meets the
26  criteria for detention prescribed in this section.
27         2.  The court must place all children who are
28  adjudicated and awaiting placement in a residential commitment
29  program in detention care. Children who are in home detention
30  care or nonsecure detention care may be placed on electronic
31  monitoring.  A child committed to a moderate-risk residential
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  1  program may be held in a juvenile assignment center pursuant
  2  to s. 985.307 until placement or commitment is accomplished.
  3         Section 10.  Subsection (2) of section 985.216, Florida
  4  Statutes, is amended to read:
  5         985.216  Punishment for contempt of court; alternative
  6  sanctions.--
  7         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be
  8  placed in a secure facility for purposes of punishment for
  9  contempt of court if alternative sanctions are unavailable or
10  inappropriate, or if the child has already been ordered to
11  serve an alternative sanction but failed to comply with the
12  sanction.
13         (a)  A delinquent child who has been held in direct or
14  indirect contempt may be placed in a secure detention facility
15  for 5 days for a first offense or 15 days for a second or
16  subsequent offense, or in a secure residential commitment
17  facility.
18         (b)  A child in need of services who has been held in
19  direct contempt or indirect contempt may be placed, for 5 days
20  for a first offense or 15 days for a second or subsequent
21  offense, in a staff-secure shelter or a staff-secure
22  residential facility solely for children in need of services
23  if such placement is available, or, if such placement is not
24  available, the child may be placed in an appropriate mental
25  health facility or substance abuse facility for assessment. In
26  addition to disposition under this paragraph, a child in need
27  of services who is held in direct contempt or indirect
28  contempt may be placed in a physically secure facility as
29  provided under s. 984.226 if conditions of eligibility are
30  met.
31
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  1         Section 11.  Paragraph (a) of subsection (3) of section
  2  985.226, Florida Statutes, is amended to read:
  3         985.226  Criteria for waiver of juvenile court
  4  jurisdiction; hearing on motion to transfer for prosecution as
  5  an adult.--
  6         (3)  WAIVER HEARING.--
  7         (a)  Within 7 days, excluding Saturdays, Sundays, and
  8  legal holidays, after the date a petition alleging that a
  9  child has committed a delinquent act or violation of law has
10  been filed, or later with the approval of the court, but
11  before an adjudicatory hearing and after considering the
12  recommendation of the juvenile probation officer intake
13  counselor or case manager, the state attorney may file a
14  motion requesting the court to transfer the child for criminal
15  prosecution.
16         Section 12.  Paragraph (b) of subsection (3) of section
17  985.23, Florida Statutes, is amended to read:
18         985.23  Disposition hearings in delinquency
19  cases.--When a child has been found to have committed a
20  delinquent act, the following procedures shall be applicable
21  to the disposition of the case:
22         (3)
23         (b)  If the court determines that commitment to the
24  department is appropriate, the juvenile probation officer
25  intake counselor or case manager shall recommend to the court
26  the most appropriate placement and treatment plan,
27  specifically identifying the restrictiveness level most
28  appropriate for the child.  If the court has determined that
29  the child was a member of a criminal street gang, that
30  determination shall be given great weight in identifying the
31  most appropriate restrictiveness level for the child.  The
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  1  court shall consider the department's recommendation in making
  2  its commitment decision.
  3         Section 13.  Paragraph (a) of subsection (1) of section
  4  985.231, Florida Statutes, is amended to read:
  5         985.231  Powers of disposition in delinquency cases.--
  6         (1)(a)  The court that has jurisdiction of an
  7  adjudicated delinquent child may, by an order stating the
  8  facts upon which a determination of a sanction and
  9  rehabilitative program was made at the disposition hearing:
10         1.  Place the child in a community control program or
11  an aftercare program under the supervision of an authorized
12  agent of the Department of Juvenile Justice or of any other
13  person or agency specifically authorized and appointed by the
14  court, whether in the child's own home, in the home of a
15  relative of the child, or in some other suitable place under
16  such reasonable conditions as the court may direct. A
17  community control program for an adjudicated delinquent child
18  must include a penalty component such as restitution in money
19  or in kind, community service, a curfew, revocation or
20  suspension of the driver's license of the child, or other
21  nonresidential punishment appropriate to the offense and must
22  also include a rehabilitative program component such as a
23  requirement of participation in substance abuse treatment or
24  in school or other educational program.
25         a.  A restrictiveness level classification scale for
26  levels of supervision shall be provided by the department,
27  taking into account the child's needs and risks relative to
28  community control supervision requirements to reasonably
29  ensure the public safety. Community control programs for
30  children shall be supervised by the department or by any other
31  person or agency specifically authorized by the court. These
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  1  programs must include, but are not limited to, structured or
  2  restricted activities as described in this subparagraph, and
  3  shall be designed to encourage the child toward acceptable and
  4  functional social behavior. If supervision or a program of
  5  community service is ordered by the court, the duration of
  6  such supervision or program must be consistent with any
  7  treatment and rehabilitation needs identified for the child
  8  and may not exceed the term for which sentence could be
  9  imposed if the child were committed for the offense, except
10  that the duration of such supervision or program for an
11  offense that is a misdemeanor of the second degree, or is
12  equivalent to a misdemeanor of the second degree, may be for a
13  period not to exceed 6 months. When restitution is ordered by
14  the court, the amount of restitution may not exceed an amount
15  the child and the parent or guardian could reasonably be
16  expected to pay or make. A child who participates in any work
17  program under this part is considered an employee of the state
18  for purposes of liability, unless otherwise provided by law.
19         b.  The court may conduct judicial review hearings for
20  a child placed on community control for the purpose of
21  fostering accountability to the judge and compliance with
22  other requirements, such as restitution and community service.
23  The court may allow early termination of community control for
24  a child who has substantially complied with the terms and
25  conditions of community control.
26         c.  If the conditions of the community control program
27  or the aftercare program are violated, the agent supervising
28  the program as it relates to the child involved, or the state
29  attorney, may bring the child before the court on a petition
30  alleging a violation of the program. Any child who violates
31  the conditions of community control or aftercare must be
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  1  brought before the court if sanctions are sought. A child
  2  taken into custody under s. 985.207 s. 39.037 for violating
  3  the conditions of community control or aftercare shall be held
  4  in a consequence unit if such a unit is available. The child
  5  shall be afforded a hearing within 24 hours after being taken
  6  into custody to determine the existence of probable cause that
  7  the child violated the conditions of community control or
  8  aftercare. A consequence unit is a secure facility
  9  specifically designated by the department for children who are
10  taken into custody under s. 985.207 for violating community
11  control or aftercare, or who have been found by the court to
12  have violated the conditions of community control or
13  aftercare. If the violation involves a new charge of
14  delinquency, the child may be detained under s. 985.215 in a
15  facility other than a consequence unit. If the child is not
16  eligible for detention for the new charge of delinquency, the
17  child may be held in the consequence unit pending a hearing
18  and is subject to the time limitations specified in s.
19  985.215. If the child denies violating the conditions of
20  community control or aftercare, the court shall appoint
21  counsel to represent the child at the child's request. Upon
22  the child's admission, or if the court finds after a hearing
23  that the child has violated the conditions of community
24  control or aftercare, the court shall enter an order revoking,
25  modifying, or continuing community control or aftercare. In
26  each such case, the court shall enter a new disposition order
27  and, in addition to the sanctions set forth in this paragraph,
28  may impose any sanction the court could have imposed at the
29  original disposition hearing. If the child is found to have
30  violated the conditions of community control or aftercare, the
31  court may:
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  1         (I)  Place the child in a consequence unit in that
  2  judicial circuit, if available, for up to 5 days for a first
  3  violation, and up to 15 days for a second or subsequent
  4  violation.
  5         (II)  Place the child on home detention with electronic
  6  monitoring. However, this sanction may be used only if a
  7  residential consequence unit is not available.
  8         (III)  Modify or continue the child's community control
  9  program or aftercare program.
10         (IV)  Revoke community control or aftercare and commit
11  the child to the department.
12         d.  Notwithstanding s. 743.07 and paragraph (d), and
13  except as provided in s. 985.31, the term of any order placing
14  a child in a community control program must be until the
15  child's 19th birthday unless he or she is released by the
16  court, on the motion of an interested party or on its own
17  motion.
18         2.  Commit the child to a licensed child-caring agency
19  willing to receive the child, but the court may not commit the
20  child to a jail or to a facility used primarily as a detention
21  center or facility or shelter.
22         3.  Commit the child to the Department of Juvenile
23  Justice at a restrictiveness level defined in s. 985.03(45).
24  Such commitment must be for the purpose of exercising active
25  control over the child, including, but not limited to,
26  custody, care, training, urine monitoring, and treatment of
27  the child and furlough of the child into the community.
28  Notwithstanding s. 743.07 and paragraph (d), and except as
29  provided in s. 985.31, the term of the commitment must be
30  until the child is discharged by the department or until he or
31  she reaches the age of 21.
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  1         4.  Revoke or suspend the driver's license of the
  2  child.
  3         5.  Require the child and, if the court finds it
  4  appropriate, the child's parent or guardian together with the
  5  child, to render community service in a public service
  6  program.
  7         6.  As part of the community control program to be
  8  implemented by the Department of Juvenile Justice, or, in the
  9  case of a committed child, as part of the community-based
10  sanctions ordered by the court at the disposition hearing or
11  before the child's release from commitment, order the child to
12  make restitution in money, through a promissory note cosigned
13  by the child's parent or guardian, or in kind for any damage
14  or loss caused by the child's offense in a reasonable amount
15  or manner to be determined by the court. The clerk of the
16  circuit court shall be the receiving and dispensing agent. In
17  such case, the court shall order the child or the child's
18  parent or guardian to pay to the office of the clerk of the
19  circuit court an amount not to exceed the actual cost incurred
20  by the clerk as a result of receiving and dispensing
21  restitution payments. The clerk shall notify the court if
22  restitution is not made, and the court shall take any further
23  action that is necessary against the child or the child's
24  parent or guardian. A finding by the court, after a hearing,
25  that the parent or guardian has made diligent and good faith
26  efforts to prevent the child from engaging in delinquent acts
27  absolves the parent or guardian of liability for restitution
28  under this subparagraph.
29         7.  Order the child and, if the court finds it
30  appropriate, the child's parent or guardian together with the
31  child, to participate in a community work project, either as
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  1  an alternative to monetary restitution or as part of the
  2  rehabilitative or community control program.
  3         8.  Commit the child to the Department of Juvenile
  4  Justice for placement in a program or facility for serious or
  5  habitual juvenile offenders in accordance with s. 985.31. Any
  6  commitment of a child to a program or facility for serious or
  7  habitual juvenile offenders must be for an indeterminate
  8  period of time, but the time may not exceed the maximum term
  9  of imprisonment that an adult may serve for the same offense.
10  The court may retain jurisdiction over such child until the
11  child reaches the age of 21, specifically for the purpose of
12  the child completing the program.
13         9.  In addition to the sanctions imposed on the child,
14  order the parent or guardian of the child to perform community
15  service if the court finds that the parent or guardian did not
16  make a diligent and good faith effort to prevent the child
17  from engaging in delinquent acts. The court may also order the
18  parent or guardian to make restitution in money or in kind for
19  any damage or loss caused by the child's offense. The court
20  shall determine a reasonable amount or manner of restitution,
21  and payment shall be made to the clerk of the circuit court as
22  provided in subparagraph 6.
23         10.  Subject to specific appropriation, commit the
24  juvenile sexual offender to the Department of Juvenile Justice
25  for placement in a program or facility for juvenile sexual
26  offenders in accordance with s. 985.308.  Any commitment of a
27  juvenile sexual offender to a program or facility for juvenile
28  sexual offenders must be for an indeterminate period of time,
29  but the time may not exceed the maximum term of imprisonment
30  that an adult may serve for the same offense.  The court may
31  retain jurisdiction over a juvenile sexual offender until the
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  1  juvenile sexual offender reaches the age of 21, specifically
  2  for the purpose of completing the program.
  3         Section 14.  Subsection (4) of section 985.301, Florida
  4  Statutes, is amended to read:
  5         985.301  Civil citation.--
  6         (4)  If the juvenile fails to report timely for a work
  7  assignment, complete a work assignment, or comply with
  8  assigned intervention services within the prescribed time, or
  9  if the juvenile commits a third or subsequent misdemeanor, the
10  law enforcement officer shall issue a report alleging the
11  child has committed a delinquent act, at which point the
12  juvenile probation officer an intake counselor or case manager
13  shall perform a preliminary determination as provided under s.
14  985.21(4).
15         Section 15.  Subsection (4), paragraph (e) of
16  subsection (5), and paragraphs (a) and (d) of subsection (6)
17  of section 985.304, Florida Statutes, are amended to read:
18         985.304  Community arbitration.--
19         (4)  PROCEDURE FOR INITIATING CASES FOR COMMUNITY
20  ARBITRATION.--
21         (a)  Any law enforcement officer may issue a complaint,
22  along with a recommendation for community arbitration, against
23  any child who such officer has reason to believe has committed
24  any offense that is eligible for community arbitration. The
25  complaint shall specify the offense and the reasons why the
26  law enforcement officer feels that the offense should be
27  handled by community arbitration. Any juvenile probation
28  officer intake counselor or case manager or, at the request of
29  the child's parent or legal custodian or guardian, the state
30  attorney or the court having jurisdiction, with the
31  concurrence of the state attorney, may refer a complaint to be
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  1  handled by community arbitration when appropriate. A copy of
  2  the complaint shall be forwarded to the appropriate juvenile
  3  probation officer intake counselor or case manager and the
  4  parent or legal custodian or guardian of the child within 48
  5  hours after issuance of the complaint. In addition to the
  6  complaint, the child and the parent or legal custodian or
  7  guardian shall be informed of the objectives of the community
  8  arbitration process; the conditions, procedures, and
  9  timeframes under which it will be conducted; and the fact that
10  it is not obligatory. The juvenile probation officer intake
11  counselor shall contact the child and the parent or legal
12  custodian or guardian within 2 days after the date on which
13  the complaint was received. At this time, the child or the
14  parent or legal custodian or guardian shall inform the
15  juvenile probation officer intake counselor of the decision to
16  approve or reject the handling of the complaint through
17  community arbitration.
18         (b)  The juvenile probation officer intake counselor
19  shall verify accurate identification of the child and
20  determine whether or not the child has any prior adjudications
21  or adjudications withheld for an offense eligible for
22  community arbitration for consideration in the point value
23  structure.  If the child has at least one prior adjudication
24  or adjudication withheld for an offense that which is not
25  eligible for community arbitration, or if the child has
26  already surpassed the accepted level of points on prior
27  community arbitration resolutions, the juvenile probation
28  officer intake counselor or case manager shall consult with
29  the state attorney regarding the filing of formal juvenile
30  proceedings.
31
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  1         (c)  If the child or the parent or legal custodian or
  2  guardian rejects the handling of the complaint through
  3  community arbitration, the juvenile probation officer intake
  4  counselor shall consult with the state attorney for the filing
  5  of formal juvenile proceedings.
  6         (d)  If the child or the parent or legal custodian or
  7  guardian accepts the handling of the complaint through
  8  community arbitration, the  juvenile probation officer intake
  9  counselor shall provide copies of the complaint to the
10  arbitrator or panel within 24 hours.
11         (e)  The community arbitrator or community arbitration
12  panel shall, upon receipt of the complaint, set a time and
13  date for a hearing within 7 days and shall inform the child's
14  parent or legal custodian or guardian, the complaining
15  witness, and any victims of the time, date, and place of the
16  hearing.
17         (5)  HEARINGS.--
18         (e)  If a child fails to appear on the original hearing
19  date, the matter shall be referred back to the juvenile
20  probation officer, intake counselor who shall consult with the
21  state attorney regarding the filing of formal juvenile
22  proceedings.
23         (6)  DISPOSITION OF CASES.--
24         (a)  Subsequent to any hearing held as provided in
25  subsection (5), the community arbitrator or community
26  arbitration panel may:
27         1.  Recommend that the state attorney decline to
28  prosecute the child.
29         2.  Issue a warning to the child or the child's family
30  and recommend that the state attorney decline to prosecute the
31  child.
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  1         3.  Refer the child for placement in a community-based
  2  nonresidential program.
  3         4.  Refer the child or the family to community
  4  counseling.
  5         5.  Refer the child to a safety and education program
  6  related to delinquent children.
  7         6.  Refer the child to a work program related to
  8  delinquent children and require up to 100 hours of work by the
  9  child.
10         7.  Refer the child to a nonprofit organization for
11  volunteer work in the community and require up to 100 hours of
12  work by the child.
13         8.  Order restitution in money or in kind in a case
14  involving property damage; however, the amount of restitution
15  shall not exceed the amount of actual damage to property.
16         9.  Continue the case for further investigation.
17         10.  Require the child to undergo urinalysis
18  monitoring.
19         11.  Impose any other restrictions or sanctions that
20  are designed to encourage responsible and acceptable behavior
21  and are agreed upon by the participants of the community
22  arbitration proceedings.
23
24  The community arbitrator or community arbitration panel shall
25  determine an appropriate timeframe in which the disposition
26  must be completed. The community arbitrator or community
27  arbitration panel shall report the disposition of the case to
28  the juvenile probation officer intake counselor or case
29  manager.
30         (d)  If a child consents to an informal resolution and,
31  in the presence of the parent or legal custodian or guardian
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  1  and the community arbitrator or community arbitration panel,
  2  agrees to comply with any disposition suggested or ordered by
  3  such arbitrator or panel and subsequently fails to abide by
  4  the terms of such agreement, the community arbitrator or
  5  community arbitration panel may, after a careful review of the
  6  circumstances, forward the case back to the juvenile probation
  7  officer intake counselor, who shall consult with the state
  8  attorney regarding the filing of formal juvenile proceedings.
  9         Section 16.  Effective upon this act becoming a law,
10  section 985.307, Florida Statutes, is amended to read:
11         985.307  Juvenile assignment centers.--
12         (1)  Contingent upon specific appropriation, the
13  department shall establish juvenile assignment centers for
14  committed youth who have been ordered by the court for
15  placement in moderate-risk, high-risk, or maximum-risk
16  commitment programs. Juvenile assignment centers shall be
17  residential facilities serving committed youth awaiting
18  placement in a residential commitment program.
19         (2)  The purpose of juvenile assignment centers shall
20  be:
21         (a)  To ensure public safety by providing a secure
22  residential facility to hold and process juveniles awaiting
23  placement in commitment programs rather than releasing them to
24  their homes and back into the community.
25         (b)  To review assessments completed at local juvenile
26  assessment centers and avoid duplication of assessment
27  efforts. Assessments should include medical, academic,
28  psychological, behavioral, sociological, substance abuse and
29  mental health, and vocational testing.
30
31
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  1         (c)  To determine appropriate treatment needs,
  2  programming, and placement decisions, and, when appropriate,
  3  to develop a treatment plan for each juvenile.
  4         (d)  To examine a juvenile's need for aftercare and
  5  independent living upon release from a commitment program and,
  6  when appropriate, include this in the treatment plan.
  7         (3)  Juveniles committed to the department shall be
  8  placed in an assignment center following the dispositional
  9  hearing and shall be transferred to the designated residential
10  commitment program upon the availability of placement.
11         (4)  Juvenile assignment centers shall be physically
12  secure residential facilities located in each department
13  region to serve youth in that region who are awaiting
14  placement in commitment programs.
15         (5)  For each juvenile admitted into an assignment
16  center, the following shall be conducted:
17         (a)  Review all assessments, diagnostic testing, and
18  screening instruments performed on the juvenile while at an
19  assessment center, in detention, during intake, or in a
20  program or while in school; and also review the juvenile's
21  school records from the school in which the juvenile is
22  enrolled.
23         (b)  Determine the need for, and provide or contract
24  for, additional evaluation, including, but not limited to:
25  needs assessment, substance abuse screening, physical and
26  mental health screening, behavioral screening, educational
27  assessment, aptitude testing, diagnostic testing,
28  psychological evaluation, and vocational testing.
29         (c)  Based upon the restrictiveness level ordered by
30  the court and evaluation required in paragraph (b), the
31  department program staff shall make an assignment to a
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  1  specific commitment program.  Program placements shall also
  2  take into consideration the geographic location of the
  3  juvenile's family in order to facilitate family visits and
  4  participation.
  5         (d)  Pending a juvenile's placement in a commitment
  6  program:
  7         1.  Initiate appropriate treatment plans, educational
  8  plans, performance agreements, and transitional planning based
  9  upon the court order and assessments.
10         2.  Provide or contract for the provision of short-term
11  services, including educational programming, vocational
12  training, mental health services, substance abuse education,
13  conflict resolution training, and impulse control and anger
14  management training.  If warranted by a substance abuse
15  screening or a mental or physical health screening performed
16  while the juvenile is in the assignment center, a juvenile may
17  receive treatment while in the assignment center, including,
18  but not limited to, substance abuse, mental health, or
19  physical health treatment.
20         (e)  To the extent possible, involve the juvenile's
21  parents or guardian and family in the evaluation process and
22  in the provision of services.  Staff shall make efforts to
23  contact the parents or guardian and encourage their
24  involvement.
25         (f)  Ensure that all commitment information is complete
26  and ready for transmittal to the commitment program.  This
27  shall include a comprehensive treatment plan that reflects the
28  information gathered through the assessment process and
29  includes planning for aftercare and independent living, if
30  needed.
31
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  1         (6)  Notwithstanding any provision to the contrary,
  2  this section expires July 1, 2002 1998, unless reenacted by
  3  the Legislature. The department may not create or operate a
  4  juvenile assignment center after July 1, 2002 1998, without
  5  further legislative authority. Unless reenacted by the
  6  Legislature, any juvenile assignment center created under this
  7  section shall be converted to a high-level or maximum-level
  8  residential commitment program, subject to availability of
  9  funds.
10         Section 17.  Paragraphs (f) and (h) of subsection (3)
11  of section 985.31, Florida Statutes, are amended to read:
12         985.31  Serious or habitual juvenile offender.--
13         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
14  TREATMENT.--
15         (f)  After a child has been transferred for criminal
16  prosecution, a circuit court judge may direct the juvenile
17  probation officer an intake counselor or case manager to
18  consult with designated staff from an appropriate serious or
19  habitual juvenile offender program for the purpose of making
20  recommendations to the court regarding the child's placement
21  in such program.
22         (h)  Based on the recommendations of the
23  multidisciplinary assessment, the juvenile probation officer
24  intake counselor or case manager shall make the following
25  recommendations to the court:
26         1.  For each child who has not been transferred for
27  criminal prosecution, the juvenile probation officer intake
28  counselor or case manager shall recommend whether placement in
29  such program is appropriate and needed.
30         2.  For each child who has been transferred for
31  criminal prosecution, the juvenile probation officer intake
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  1  counselor or case manager shall recommend whether the most
  2  appropriate placement for the child is a juvenile justice
  3  system program, including a serious or habitual juvenile
  4  offender program or facility, or placement in the adult
  5  correctional system.
  6
  7  If treatment provided by a serious or habitual juvenile
  8  offender program or facility is determined to be appropriate
  9  and needed and placement is available, the juvenile probation
10  officer intake counselor or case manager and the court shall
11  identify the appropriate serious or habitual juvenile offender
12  program or facility best suited to the needs of the child.
13         Section 18.  Paragraphs (f) and (h) of subsection (3)
14  of section 985.311, Florida Statutes, are amended to read:
15         985.311  Intensive residential treatment program for
16  offenders less than 13 years of age.--
17         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
18  TREATMENT.--
19         (f)  After a child has been transferred for criminal
20  prosecution, a circuit court judge may direct the juvenile
21  probation officer an intake counselor or case manager to
22  consult with designated staff from an appropriate intensive
23  residential treatment program for offenders less than 13 years
24  of age for the purpose of making recommendations to the court
25  regarding the child's placement in such program.
26         (h)  Based on the recommendations of the
27  multidisciplinary assessment, the juvenile probation officer
28  intake counselor or case manager shall make the following
29  recommendations to the court:
30         1.  For each child who has not been transferred for
31  criminal prosecution, the juvenile probation officer intake
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  1  counselor or case manager shall recommend whether placement in
  2  such program is appropriate and needed.
  3         2.  For each child who has been transferred for
  4  criminal prosecution, the juvenile probation officer intake
  5  counselor or case manager shall recommend whether the most
  6  appropriate placement for the child is a juvenile justice
  7  system program, including a child who is eligible for an
  8  intensive residential treatment program for offenders less
  9  than 13 years of age, or placement in the adult correctional
10  system.
11
12  If treatment provided by an intensive residential treatment
13  program for offenders less than 13 years of age is determined
14  to be appropriate and needed and placement is available, the
15  juvenile probation officer intake counselor or case manager
16  and the court shall identify the appropriate intensive
17  residential treatment program for offenders less than 13 years
18  of age best suited to the needs of the child.
19         Section 19.  Section 944.401, Florida Statutes, is
20  transferred, renumbered as section 985.3141, Florida Statutes,
21  and amended to read:
22         985.3141 944.401  Escapes from secure detention or
23  residential commitment facility.--An escape from:
24         (1)  Any secure detention facility maintained for the
25  temporary detention of children, pending adjudication,
26  disposition, or placement; an escape from
27         (2)  Any residential commitment facility defined in s.
28  985.03(45) s. 39.01(59), maintained for the custody,
29  treatment, punishment, or rehabilitation of children found to
30  have committed delinquent acts or violations of law; or an
31  escape from
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  1         (3)  Lawful transportation to or from any such secure
  2  detention facility or residential commitment facility, thereto
  3  or therefrom
  4
  5  constitutes escape within the intent and meaning of s. 944.40
  6  and is a felony of the third degree, punishable as provided in
  7  s. 775.082, s. 775.083, or s. 775.084.
  8         Section 20.  Paragraph (a) of subsection (2) of section
  9  985.406, Florida Statutes, is amended to read:
10         985.406  Juvenile justice training academies
11  established; Juvenile Justice Standards and Training
12  Commission created; Juvenile Justice Training Trust Fund
13  created.--
14         (2)  JUVENILE JUSTICE STANDARDS AND TRAINING
15  COMMISSION.--
16         (a)  There is created under the Department of Juvenile
17  Justice the Juvenile Justice Standards and Training
18  Commission, hereinafter referred to as the commission. The
19  17-member commission shall consist of the Attorney General or
20  designee, the Commissioner of Education or designee, a member
21  of the juvenile court judiciary to be appointed by the Chief
22  Justice of the Supreme Court, and 14 members to be appointed
23  by the Secretary of Juvenile Justice as follows:
24         1.  Seven members shall be juvenile justice
25  professionals:  a superintendent or a direct care staff member
26  from an institution; a director from a contracted
27  community-based program; a superintendent and a direct care
28  staff member from a regional detention center or facility; a
29  juvenile probation officer or a supervisor of juvenile
30  probation officers community control counselor; and a director
31
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  1  of a day treatment or aftercare program. No fewer than three
  2  of these members shall be contract providers.
  3         2.  Two members shall be representatives of local law
  4  enforcement agencies.
  5         3.  One member shall be an educator from the state's
  6  university and community college program of criminology,
  7  criminal justice administration, social work, psychology,
  8  sociology, or other field of study pertinent to the training
  9  of juvenile justice program staff.
10         4.  One member shall be a member of the public.
11         5.  One member shall be a state attorney, or assistant
12  state attorney, who has juvenile court experience.
13         6.  One member shall be a public defender, or assistant
14  public defender, who has juvenile court experience.
15         7.  One member shall be a representative of the
16  business community.
17
18  All appointed members shall be appointed to serve terms of 2
19  years.
20         Section 21.  Subsection (1) of section 985.412, Florida
21  Statutes, is amended to read:
22         985.412  Quality assurance.--
23         (1)(a)  It is the intent of the Legislature to:
24         1.  Ensure that information be provided to
25  decisionmakers so that resources are allocated to programs of
26  the department which achieve desired performance levels.
27         2.  Provide information about the cost of such programs
28  and their differential effectiveness so that the quality of
29  such programs can be compared and improvements made
30  continually.
31
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  1         3.  Provide information to aid in developing related
  2  policy issues and concerns.
  3         4.  Provide information to the public about the
  4  effectiveness of such programs in meeting established goals
  5  and objectives.
  6         5.  Provide a basis for a system of accountability so
  7  that each client is afforded the best programs to meet his or
  8  her needs.
  9         6.  Improve service delivery to clients.
10         7.  Modify or eliminate activities that are not
11  effective.
12         (b)  As used in this subsection, the term:
13         1.  "Client" means any person who is being provided
14  treatment or services by the department or by a provider under
15  contract with the department.
16         2.  "Program component" means an aggregation of
17  generally related objectives which, because of their special
18  character, related workload, and interrelated output, can
19  logically be considered an entity for purposes of
20  organization, management, accounting, reporting, and
21  budgeting.
22         3.  "Program effectiveness" means the ability of the
23  program to achieve desired client outcomes, goals, and
24  objectives.
25         (c)  The department shall:
26         1.  Establish a comprehensive quality assurance system
27  for each program operated by the department or operated by a
28  provider under contract with the department. Each contract
29  entered into by the department must provide for quality
30  assurance.
31
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  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 a provider under
11  a contract with the department and establish minimum
12  thresholds for each program component. If a provider fails to
13  meet the established minimum thresholds, such failure shall
14  cause the department to cancel the provider's contract unless
15  the provider achieves compliance with minimum thresholds
16  within 6 months or unless there are documented extenuating
17  circumstances. In addition, the department may not contract
18  with the same provider for the canceled service for a period
19  of 12 months.
20
21  The department shall submit an annual report to the President
22  of the Senate, the Speaker of the House of Representatives,
23  the Minority Leader of each house of the Legislature, the
24  appropriate substantive and fiscal committees of each house of
25  the Legislature, and the Governor, no later than February 1 of
26  each year. The annual report must contain, at a minimum, for
27  each specific program component:  a comprehensive description
28  of the population served by the program; a specific
29  description of the services provided by the program; cost; a
30  comparison of expenditures to federal and state funding;
31  immediate and long-range concerns; and recommendations to
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  1  maintain, expand, improve, modify, or eliminate each program
  2  component so that changes in services lead to enhancement in
  3  program quality. The department's inspector general shall
  4  ensure the reliability and validity of the information
  5  contained in the report.
  6         Section 22.  Paragraph (b) of subsection (3) of section
  7  985.413, Florida Statutes, is amended to read:
  8         985.413  District juvenile justice boards.--
  9         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--
10         (b)1.
11         a.  The authority to appoint members to district
12  juvenile justice boards, and the size of each board, is as
13  follows:
14         (I)  District 1 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: Escambia County, 6
17  members; Okaloosa County, 3 members; Santa Rosa County, 2
18  members; and Walton County, 1 member.
19         (II)  District 2 is to have a board composed of 18
20  members, to be appointed by the juvenile justice councils in
21  the respective counties, as follows: Holmes County, 1 member;
22  Washington County, 1 member; Bay County, 2 members; Jackson
23  County, 1 member; Calhoun County, 1 member; Gulf County, 1
24  member; Gadsden County, 1 member; Franklin County, 1 member;
25  Liberty County, 1 member; Leon County, 4 members; Wakulla
26  County, 1 member; Jefferson County, 1 member; Madison County,
27  1 member; and Taylor County, 1 member.
28         (III)  District 3 is to have a board composed of 15
29  members, to be appointed by the juvenile justice councils of
30  the respective counties, as follows: Hamilton County, 1
31  member; Suwannee County, 1 member; Lafayette County, 1 member;
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  1  Dixie County, 1 member; Columbia County, 1 member; Gilchrist
  2  County, 1 member; Levy County, 1 member; Union County, 1
  3  member; Bradford County, 1 member; Putnam County, 1 member;
  4  and Alachua County, 5 members.
  5         (IV)  District 4 is to have a board composed of 12
  6  members, to be appointed by the juvenile justice councils of
  7  the respective counties, as follows: Baker County, 1 member;
  8  Nassau County, 1 member; Duval County, 7 members; Clay County,
  9  2 members; and St. Johns County, 1 member.
10         (V)  District 5 is to have a board composed of 12
11  members, to be appointed by the juvenile justice councils of
12  the respective counties, as follows: Pasco County, 3 members;
13  and Pinellas County, 9 members.
14         (VI)  District 6 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: Hillsborough County, 9
17  members; and Manatee County, 3 members.
18         (VII)  District 7 is to have a board composed of 12
19  members, to be appointed by the juvenile justice councils of
20  the respective counties, as follows: Seminole County, 3
21  members; Orange County, 5 members; Osceola County, 1 member;
22  and Brevard County, 3 members.
23         (VIII)  District 8 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: Sarasota County, 3
26  members; DeSoto County, 1 member; Charlotte County, 1 member;
27  Lee County, 3 members; Glades County, 1 member; Hendry County,
28  1 member; and Collier County, 2 members.
29         (IX)  District 9 is to have a board composed of 12
30  members, to be appointed by the juvenile justice council of
31  Palm Beach County.
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  1         (X)  District 10 is to have a board composed of 12
  2  members, to be appointed by the juvenile justice council of
  3  Broward County.
  4         (XI)  District 11 is to have a juvenile justice board
  5  composed of 12 members to be appointed by the juvenile justice
  6  council in the respective counties, as follows:  Dade County,
  7  6 members and Monroe County, 6 members.
  8         (XII)  District 12 is to have a board composed of 12
  9  members, to be appointed by the juvenile justice council of
10  the respective counties, as follows: Flagler County, 3
11  members; and Volusia County, 9 members.
12         (XIII)  District 13 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: Marion County, 4 members;
15  Citrus County, 2 members; Hernando County, 2 members; Sumter
16  County, 1 member; and Lake County, 3 members.
17         (XIV)  District 14 is to have a board composed of 12
18  members, to be appointed by the juvenile justice councils of
19  the respective counties, as follows: Polk County, 9 members;
20  Highlands County, 2 members; and Hardee County, 1 member.
21         (XV)  District 15 is to have a board composed of 12
22  members, to be appointed by the juvenile justice councils of
23  the respective counties, as follows: Indian River County, 3
24  members; Okeechobee County, 1 member; St. Lucie County, 5
25  members; and Martin County, 3 members.
26
27  The district health and human services board in each district
28  may appoint one of its members to serve as an ex officio
29  member of the district juvenile justice board established
30  under this sub-subparagraph.
31
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  1         b.  In any judicial circuit where a juvenile
  2  delinquency and gang prevention council exists on the date
  3  this act becomes law, and where the circuit and district or
  4  subdistrict boundaries are identical, such council shall
  5  become the district juvenile justice board, and shall
  6  thereafter have the purposes and exercise the authority and
  7  responsibilities provided in this section.
  8         2.  At any time after the adoption of initial bylaws
  9  pursuant to paragraph (c), a district juvenile justice board
10  may adopt a bylaw to enlarge the size, by no more than three
11  members, and composition of the board to adequately reflect
12  the diversity of the population and community organizations in
13  the district.
14         3.  All appointments shall be for 2-year terms.
15  Appointments to fill vacancies created by death, resignation,
16  or removal of a member are for the unexpired term. A member
17  may not serve more than three two full consecutive terms;
18  however, this limitation does not apply in any district in
19  which a juvenile delinquency and gang prevention council that
20  existed on May 7, 1993, became the district juvenile justice
21  board.
22         4.  A member who is absent for three meetings within
23  any 12-month period, without having been excused by the chair,
24  is deemed to have resigned, and the board shall immediately
25  declare the seat vacant.  Members may be suspended or removed
26  for cause by a majority vote of the board members or by the
27  Governor.
28         5.  Members are subject to the provisions of chapter
29  112, part III, Code of Ethics for Public Officers and
30  Employees.
31
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  1         Section 23.  Subsection (2) of section 985.414, Florida
  2  Statutes, is amended to read:
  3         985.414  County juvenile justice councils.--
  4         (2)(a)  The purpose of a county juvenile justice
  5  council is to provide a forum for the development of a
  6  community-based interagency assessment of the local juvenile
  7  justice system, to develop a county juvenile justice plan for
  8  more effectively preventing juvenile delinquency, and to make
  9  recommendations for more effectively utilizing existing
10  community resources in dealing with juveniles who are truant
11  or have been suspended or expelled from school, or who are
12  found to be involved in crime. The county juvenile justice
13  plan shall include relevant portions of local crime prevention
14  and public safety plans, school improvement and school safety
15  plans, and the plans or initiatives of other public and
16  private entities within the county that are concerned with
17  dropout prevention, school safety, the prevention of juvenile
18  crime and criminal activity by youth gangs, and alternatives
19  to suspension, expulsion, and detention for children found in
20  contempt of court.
21         (b)  The duties and responsibilities of a county
22  juvenile justice council include, but are not limited to:
23         1.  Developing a county juvenile justice plan based
24  upon utilization of the resources of law enforcement, the
25  school system, the Department of Juvenile Justice, the
26  Department of Children and Family Services, and others in a
27  cooperative and collaborative manner to prevent or discourage
28  juvenile crime and develop meaningful alternatives to school
29  suspensions and expulsions.
30         2.  Entering into a written county interagency
31  agreement specifying the nature and extent of contributions
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  1  each signatory agency will make in achieving the goals of the
  2  county juvenile justice plan and their commitment to the
  3  sharing of information useful in carrying out the goals of the
  4  interagency agreement to the extent authorized by law. The
  5  interagency agreement must include at least the following
  6  participants: the local school authorities, local law
  7  enforcement agencies, and local representatives of the
  8  Department of Juvenile Justice and the Department of Children
  9  and Family Services. The agreement must specify how community
10  entities will cooperate, collaborate, and share information in
11  furthering the goals of the district and county juvenile
12  justice plan.
13         3.  Applying for and receiving public or private
14  grants, to be administered by one of the community partners,
15  that support one or more components of the county juvenile
16  justice plan.
17         4.  Designating the county representatives to the
18  district juvenile justice board pursuant to s. 985.413.
19         5.  Providing a forum for the presentation of
20  interagency recommendations and the resolution of
21  disagreements relating to the contents of the county
22  interagency agreement or the performance by the parties of
23  their respective obligations under the agreement.
24         6.  Assisting and directing the efforts of local
25  community support organizations and volunteer groups in
26  providing enrichment programs and other support services for
27  clients of local juvenile detention centers.
28         7.  Providing an annual report and recommendations to
29  the district juvenile justice board, the Juvenile Justice
30  Advisory Board, and the district juvenile justice manager.
31
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  1         Section 24.  Subsection (1) of section 985.415, Florida
  2  Statutes, is amended to read:
  3         985.415  Community Juvenile Justice Partnership
  4  Grants.--
  5         (1)  GRANTS; CRITERIA.--
  6         (a)  In order to encourage the development of county
  7  and district juvenile justice plans, as specified in ss.
  8  985.413 and 985.414, and the development and implementation of
  9  county and district interagency agreements among
10  representatives of the Department of Juvenile Justice, the
11  Department of Children and Family Services, law enforcement,
12  and school authorities, the community juvenile justice
13  partnership grant program is established, which program shall
14  be administered by the Department of Juvenile Justice.
15         (b)  The department shall only consider applications
16  that which at a minimum provide for the following:
17         1.  The participation of the agencies or programs that
18  are needed to implement the project or program for which the
19  applicant is applying local school authorities, local law
20  enforcement, and local representatives of the Department of
21  Juvenile Justice and the Department of Children and Family
22  Services pursuant to a written interagency partnership
23  agreement. Such agreement must specify how community entities
24  will cooperate, collaborate, and share information in
25  furtherance of the goals of the district and county juvenile
26  justice plan; and
27         2.  The reduction of truancy and in-school and
28  out-of-school suspensions and expulsions, and the enhancement
29  of school safety.
30         (c)  In addition, the department may consider the
31  following criteria in awarding grants:
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  1         1.  The district juvenile justice plan and any county
  2  juvenile justice plans that are referred to or incorporated
  3  into the district plan, including a list of individuals,
  4  groups, and public and private entities that participated in
  5  the development of the plan.
  6         2.  The diversity of community entities participating
  7  in the development of the district juvenile justice plan.
  8         3.  The number of community partners who will be
  9  actively involved in the operation of the grant program.
10         4.  The number of students or youths to be served by
11  the grant and the criteria by which they will be selected.
12         5.  The criteria by which the grant program will be
13  evaluated and, if deemed successful, the feasibility of
14  implementation in other communities.
15         Section 25.  Section 938.19, Florida Statutes, is
16  amended to read:
17         938.19  Teen courts; operation and
18  administration.--Notwithstanding s. 318.121, in each county in
19  which a teen court has been created, a county may adopt a
20  mandatory cost to be assessed in specific cases as provided
21  for in subsection (1) by incorporating by reference the
22  provisions of this section in a county ordinance.  Assessments
23  collected by the clerk of the circuit court pursuant to this
24  section shall be deposited into an account specifically for
25  the operation and administration of the teen court:
26         (1)  A sum of $3, which shall be assessed as a court
27  cost by both the circuit court and the county court in the
28  county against every person who pleads guilty or nolo
29  contendere to, or is convicted of, regardless of adjudication,
30  a violation of a state criminal statute or a municipal
31  ordinance or county ordinance or who pays a fine or civil
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  1  penalty for any violation of chapter 316.  Any person whose
  2  adjudication is withheld pursuant to the provisions of s.
  3  318.14(9) or (10) shall also be assessed such cost.  The $3
  4  assessment for court costs shall be assessed in addition to
  5  any fine, civil penalty, or other court cost and shall not be
  6  deducted from the proceeds of that portion of any fine or
  7  civil penalty which is received by a municipality in the
  8  county or by the county in accordance with ss. 316.660 and
  9  318.21.  The $3 assessment shall specifically be added to any
10  civil penalty paid for a violation of chapter 316, whether
11  such penalty is paid by mail, paid in person without request
12  for a hearing, or paid after hearing and determination by the
13  court.  However, the $3 assessment shall not be made against a
14  person for a violation of any state statutes, county
15  ordinance, or municipal ordinance relating to the parking of
16  vehicles, with the exception of a violation of the handicapped
17  parking laws.  The clerk of the circuit court shall collect
18  the respective $3 assessments for court costs established in
19  this subsection and shall remit the same to the teen court
20  monthly, less 5 percent, which is to be retained as fee income
21  of the office of the clerk of the circuit court.
22         (2)  Such other moneys as become available for
23  establishing and operating teen courts under the provisions of
24  Florida law.
25         Section 26.  This act shall take effect July 1, 1998,
26  except that this section and section 16 of this act shall take
27  effect upon becoming a law.
28
29
30
31
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  1            *****************************************
  2                          SENATE SUMMARY
  3    Revises various provisions governing programs of the
      Department of Juvenile Justice. Authorizes the department
  4    or a law enforcement agency to release juvenile criminal
      history records to a private entity that operates a
  5    program under contract with the department. Provides that
      such records continue to be confidential and exempt from
  6    the public records law. Provides for a juvenile probation
      officer to perform the duties performed by an intake
  7    counselor or case manager. Provides that it is a
      third-degree felony for a juvenile to escape from a
  8    maximum-risk residential facility. Provides that a
      juvenile may not be held in a secure facility unless the
  9    juvenile meets certain criteria for detention. Provides
      that a juvenile may be placed on home detention with
10    electronic monitoring only if a residential consequence
      unit is not available. Authorizes the department to
11    create and operate juvenile assignment centers until July
      1, 2002. Allows a member to serve on a district juvenile
12    justice board for three full consecutive terms rather
      than for two full consecutive terms. Specifies the
13    entities that must be included in the county interagency
      agreement created by each county juvenile justice
14    council. (See bill for details.)
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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