Senate Bill 2288

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



    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

                                  1

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  2

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.--

                                  3

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  4

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  5

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  6

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  7

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  8

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  9

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  10

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  11

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  12

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  13

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  14

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  15

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  16

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  17

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  18

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  23

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  25

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  26

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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;

                                  27

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  28

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  29

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  30

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  31

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  32

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  33

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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:

                                  34

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  35

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  36

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  37

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  38

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  39

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  40

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  41

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  42

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  43

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  44

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  45

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  46

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  47

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  48

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  49

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  50

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  51

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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;

                                  52

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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.

                                  53

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  54

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  55

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  56

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  57

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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:

                                  58

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  59

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  60

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






    Florida Senate - 1998                                  SB 2288
    34-667C-98




  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

                                  61