Senate Bill 2288c2
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Florida Senate - 1998 CS for CS for SB 2288
By the Committees on Children, Families and Seniors, Criminal
Justice and Senator Gutman
300-2101-98
1 A bill to be entitled
2 An act relating to juvenile justice; amending
3 s. 943.053, F.S.; authorizing the release of
4 certain juvenile criminal history records to a
5 private entity under contract with the
6 Department of Juvenile Justice; providing that
7 such records remain confidential and exempt
8 from the public records law; amending s.
9 984.03, F.S.; revising definitions; providing
10 for a juvenile probation officer to perform
11 certain duties formerly performed by an intake
12 counselor or case manager; amending s. 985.03,
13 F.S.; revising definitions; providing for a
14 juvenile probation officer to perform certain
15 duties formerly performed by an intake
16 counselor or case manager; providing that
17 penalties imposed for an escape from detention
18 or a commitment facility apply to a juvenile
19 who escapes from a maximum-risk residential
20 facility; conforming cross-references to
21 changes made by the act; amending ss. 985.207,
22 985.208, F.S., relating to conditions for
23 taking a juvenile into custody and detention;
24 conforming provisions to changes made by the
25 act; amending s. 985.209, F.S.; providing for
26 the Department of Juvenile Justice to establish
27 juvenile assessment centers; providing for the
28 centers to be operated through cooperative
29 agreements with other state agencies; providing
30 for intake and screening services; amending ss.
31 985.21, 985.211, F.S.; providing for certain
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1 functions formerly considered case-management
2 functions to be probation functions; amending
3 s. 985.215, F.S.; conforming terminology to
4 changes made by the act; requiring that a
5 juvenile held in secure detention awaiting
6 dispositional placement meet certain criteria
7 for detention; amending s. 985.216, F.S.;
8 deleting a provision authorizing placement of a
9 juvenile in a secure residential commitment
10 facility for direct or indirect contempt of
11 court; amending s. 985.223, F.S.; revising
12 procedures for determining competency in
13 juvenile delinquency cases; prescribing duties
14 of courts, the Department of Juvenile Justice,
15 and the Department of Children and Family
16 Services; amending ss. 985.226, 985.23, F.S.,
17 relating to criteria for waiver of jurisdiction
18 and disposition hearings in delinquency cases;
19 conforming provisions to changes made by the
20 act; amending s. 985.231, F.S.; providing for
21 placing a juvenile on home detention with
22 electronic monitoring if a residential
23 consequence unit is not available; amending ss.
24 985.301, 985.304, F.S., relating to civil
25 citations and community arbitration; conforming
26 provisions to changes made by the act; deleting
27 certain references to case-management services;
28 amending s. 985.307, F.S.; extending the period
29 during which the Department of Juvenile Justice
30 is authorized to operate juvenile assignment
31 centers; amending ss. 985.31, 985.311, F.S.,
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1 relating to serious or habitual juvenile
2 offenders and intensive residential treatment
3 programs for offenders less than 13 years of
4 age; conforming provisions to changes made by
5 the act; transferring, renumbering, and
6 amending s. 944.401, F.S., relating to the
7 offense of escaping from secure detention or a
8 residential commitment facility; conforming a
9 cross-reference; amending s. 985.406, F.S.,
10 relating to juvenile justice training
11 academies; conforming provisions to changes
12 made by the act; amending s. 985.412, F.S.;
13 deleting a duty of the department's inspector
14 general with respect to quality assurance;
15 amending s. 985.413, F.S.; increasing the
16 number of consecutive terms that may be served
17 by a member of a district juvenile justice
18 board; deleting an exemption from such
19 limitation; amending s. 985.414, F.S.;
20 specifying the parties to be included in an
21 interagency agreement for developing a county
22 juvenile justice plan; amending s. 985.415,
23 F.S.; revising eligibility requirements for a
24 Community Juvenile Justice Partnership Grant;
25 providing effective dates.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (8) is added to section 943.053,
30 Florida Statutes, to read:
31
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1 943.053 Dissemination of criminal justice information;
2 fees.--
3 (8) Notwithstanding s. 943.0525 or any user agreement
4 adopted under s. 943.0525, and notwithstanding the
5 confidentiality of sealed records provided in s. 943.059, the
6 Department of Juvenile Justice and any other state or local
7 criminal justice agency may provide a copy of the Florida
8 criminal history records of a juvenile offender currently or
9 formerly detained or housed in a contracted juvenile
10 assessment center or detention facility or treated through a
11 treatment program, or the Florida criminal history records of
12 an employee or other individual who has access to a contracted
13 juvenile assessment center, detention facility, or treatment
14 program, only to an entity under direct contract with the
15 Department of Juvenile Justice to operate a juvenile
16 assessment center, detention facility, or treatment program.
17 The criminal justice agency may assess a charge for providing
18 the records as provided in chapter 119. A sealed record
19 received by a private entity under this subsection remains
20 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
21 of the State Constitution. Information provided under this
22 subsection may be used only for the criminal justice purpose
23 for which it was requested and may not be further
24 disseminated.
25 Section 2. Paragraph (c) of subsection (29), paragraph
26 (c) of subsection (30), and subsections (31), (32), and (33)
27 of section 984.03, Florida Statutes, are amended to read:
28 984.03 Definitions.--When used in this chapter, the
29 term:
30 (29) "Habitually truant" means that:
31
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1 (c) A school representative, designated according to
2 school board policy, and a juvenile probation officer an
3 intake counselor or case manager of the Department of Juvenile
4 Justice have jointly investigated the truancy problem or, if
5 that was not feasible, have performed separate investigations
6 to identify conditions that which may be contributing to the
7 truant behavior; and if, after a joint staffing of the case to
8 determine the necessity for services, such services were
9 determined to be needed, the persons who performed the
10 investigations met jointly with the family and child to
11 discuss any referral to appropriate community agencies for
12 economic services, family or individual counseling, or other
13 services required to remedy the conditions that are
14 contributing to the truant behavior.
15 (30) "Intake" means the initial acceptance and
16 screening by the Department of Juvenile Justice of a complaint
17 or a law enforcement report or probable cause affidavit of
18 delinquency, family in need of services, or child in need of
19 services to determine the recommendation to be taken in the
20 best interests of the child, the family, and the community.
21 The emphasis of intake is on diversion and the least
22 restrictive available services. Consequently, intake includes
23 such alternatives as:
24 (c) The recommendation by the juvenile probation
25 officer intake counselor or case manager of judicial handling
26 when appropriate and warranted.
27 (31) "Intake counselor" or "case manager" means the
28 authorized agent of the Department of Juvenile Justice
29 performing the intake or case management function for a child
30 alleged to be delinquent or in need of services, or from a
31 family in need of services.
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1 (31)(32) "Judge" means the circuit judge exercising
2 jurisdiction pursuant to this chapter.
3 (32)(33) "Juvenile justice continuum" includes, but is
4 not limited to, delinquency prevention programs and services
5 designed for the purpose of preventing or reducing delinquent
6 acts, including criminal activity by youth gangs and juvenile
7 arrests, as well as programs and services targeted at children
8 who have committed delinquent acts, and children who have
9 previously been committed to residential treatment programs
10 for delinquents. The term includes
11 children-in-need-of-services and families-in-need-of-services
12 programs; aftercare and reentry services; substance abuse and
13 mental health programs; educational and vocational programs;
14 recreational programs; community services programs; community
15 service work programs; and alternative dispute resolution
16 programs serving children at risk of delinquency and their
17 families, whether offered or delivered by state or local
18 governmental entities, public or private for-profit or
19 not-for-profit organizations, or religious or charitable
20 organizations.
21 (33) "Juvenile probation officer" means the authorized
22 agent of the department who performs and directs intake,
23 assessment, probation or aftercare, and other related
24 services.
25 Section 3. Paragraph (c) of subsection (27), paragraph
26 (c) of subsection (29), and subsections (30), (31), (32),
27 (45), and (55) of section 985.03, Florida Statutes, are
28 amended to read:
29 985.03 Definitions.--When used in this chapter, the
30 term:
31 (27) "Habitually truant" means that:
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1 (c) A school representative, designated according to
2 school board policy, and a juvenile probation officer an
3 intake counselor or case manager of the Department of Juvenile
4 Justice have jointly investigated the truancy problem or, if
5 that was not feasible, have performed separate investigations
6 to identify conditions that could which may be contributing to
7 the truant behavior; and if, after a joint staffing of the
8 case to determine the necessity for services, such services
9 were determined to be needed, the persons who performed the
10 investigations met jointly with the family and child to
11 discuss any referral to appropriate community agencies for
12 economic services, family or individual counseling, or other
13 services required to remedy the conditions that are
14 contributing to the truant behavior.
15 (29) "Intake" means the initial acceptance and
16 screening by the Department of Juvenile Justice of a complaint
17 or a law enforcement report or probable cause affidavit of
18 delinquency, family in need of services, or child in need of
19 services to determine the recommendation to be taken in the
20 best interests of the child, the family, and the community.
21 The emphasis of intake is on diversion and the least
22 restrictive available services. Consequently, intake includes
23 such alternatives as:
24 (c) The recommendation by the juvenile probation
25 officer intake counselor or case manager of judicial handling
26 when appropriate and warranted.
27 (30) "Intake counselor" or "case manager" means the
28 authorized agent of the Department of Juvenile Justice
29 performing the intake or case management function for a child
30 alleged to be delinquent.
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1 (30)(31) "Judge" means the circuit judge exercising
2 jurisdiction pursuant to this chapter.
3 (31)(32) "Juvenile justice continuum" includes, but is
4 not limited to, delinquency prevention programs and services
5 designed for the purpose of preventing or reducing delinquent
6 acts, including criminal activity by youth gangs, and juvenile
7 arrests, as well as programs and services targeted at children
8 who have committed delinquent acts, and children who have
9 previously been committed to residential treatment programs
10 for delinquents. The term includes
11 children-in-need-of-services and families-in-need-of-services
12 programs; aftercare and reentry services; substance abuse and
13 mental health programs; educational and vocational programs;
14 recreational programs; community services programs; community
15 service work programs; and alternative dispute resolution
16 programs serving children at risk of delinquency and their
17 families, whether offered or delivered by state or local
18 governmental entities, public or private for-profit or
19 not-for-profit organizations, or religious or charitable
20 organizations.
21 (32) "Juvenile probation officer" means the authorized
22 agent of the Department of Juvenile Justice who performs the
23 intake or case-management function for a child alleged to be
24 delinquent.
25 (45) "Restrictiveness level" means the level of
26 custody provided by programs that service the custody and care
27 needs of committed children. There shall be five
28 restrictiveness levels:
29 (a) Minimum-risk nonresidential.--Youth assessed and
30 classified for placement in programs at this restrictiveness
31 level represent a minimum risk to themselves and public safety
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1 and do not require placement and services in residential
2 settings. Programs or program models in this restrictiveness
3 level include: community counselor supervision programs,
4 special intensive group programs, nonresidential marine
5 programs, nonresidential training and rehabilitation centers,
6 and other local community nonresidential programs.
7 (b) Low-risk residential.--Youth assessed and
8 classified for placement in programs at this level represent a
9 low risk to themselves and public safety and do require
10 placement and services in residential settings. Programs or
11 program models in this restrictiveness level include: Short
12 Term Offender Programs (STOP), group treatment homes, family
13 group homes, proctor homes, and Short Term Environmental
14 Programs (STEP). Section 985.3141 944.401 applies to children
15 placed in programs in this restrictiveness level.
16 (c) Moderate-risk residential.--Youth assessed and
17 classified for placement in programs in this restrictiveness
18 level represent a moderate risk to public safety. Programs
19 are designed for children who require close supervision but do
20 not need placement in facilities that are physically secure.
21 Programs in the moderate-risk residential restrictiveness
22 level provide 24-hour awake supervision, custody, care, and
23 treatment. Upon specific appropriation, a facility at this
24 restrictiveness level may have a security fence around the
25 perimeter of the grounds of the facility and may be
26 hardware-secure or staff-secure. The staff at a facility at
27 this restrictiveness level may seclude a child who is a
28 physical threat to himself or others. Mechanical restraint
29 may also be used when necessary. Programs or program models in
30 this restrictiveness level include: halfway houses, START
31 Centers, the Dade Intensive Control Program, licensed
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1 substance abuse residential programs, and moderate-term
2 wilderness programs designed for committed delinquent youth
3 that are operated or contracted by the Department of Juvenile
4 Justice. Section 985.3141 944.401 applies to children in
5 moderate-risk residential programs.
6 (d) High-risk residential.--Youth assessed and
7 classified for this level of placement require close
8 supervision in a structured residential setting that provides
9 24-hour-per-day secure custody, care, and supervision.
10 Placement in programs in this level is prompted by a concern
11 for public safety that outweighs placement in programs at
12 lower restrictiveness levels. Programs or program models in
13 this level are staff-secure or physically secure residential
14 commitment facilities and include: training schools, intensive
15 halfway houses, residential sex offender programs, long-term
16 wilderness programs designed exclusively for committed
17 delinquent youth, boot camps, secure halfway house programs,
18 and the Broward Control Treatment Center. Section 985.3141
19 944.401 applies to children placed in programs in this
20 restrictiveness level.
21 (e) Maximum-risk residential.--Youth assessed and
22 classified for this level of placement require close
23 supervision in a maximum security residential setting that
24 provides 24-hour-per-day secure custody, care, and
25 supervision. Placement in a program in this level is prompted
26 by a demonstrated need to protect the public. Programs or
27 program models in this level are maximum-secure-custody,
28 long-term residential commitment facilities that are intended
29 to provide a moderate overlay of educational, vocational, and
30 behavioral-modification services. Section 985.3141 applies to
31 children placed in programs in this restrictiveness level. and
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1 include programs for serious and habitual juvenile offenders
2 and other maximum-security program models authorized by the
3 Legislature and established by rule.
4 (55) "Temporary release" means the terms and
5 conditions under which a child is temporarily released from a
6 commitment facility or allowed home visits. If the temporary
7 release is from a moderate-risk residential facility, a
8 high-risk residential facility, or a maximum-risk residential
9 facility, the terms and conditions of the temporary release
10 must be approved by the child, the court, and the facility.
11 The term includes periods during which the child is supervised
12 pursuant to a reentry program or an aftercare program or a
13 period during which the child is supervised by a juvenile
14 probation officer case manager or other nonresidential staff
15 of the department or staff employed by an entity under
16 contract with the department. A child placed in a
17 postcommitment supervision community control program by order
18 of the court is not considered to be on temporary release and
19 is not subject to the terms and conditions of temporary
20 release.
21 Section 4. Subsection (2) of section 985.207, Florida
22 Statutes, is amended to read:
23 985.207 Taking a child into custody.--
24 (2) When a child is taken into custody as provided in
25 this section, the person taking the child into custody shall
26 attempt to notify the parent, guardian, or legal custodian of
27 the child. The person taking the child into custody shall
28 continue such attempt until the parent, guardian, or legal
29 custodian of the child is notified or the child is delivered
30 to a juvenile probation officer an intake counselor pursuant
31 to s. 985.21, whichever occurs first. If the child is
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1 delivered to a juvenile probation officer an intake counselor
2 before the parent, guardian, or legal custodian is notified,
3 the juvenile probation officer intake counselor or case
4 manager shall continue the attempt to notify until the parent,
5 guardian, or legal custodian of the child is notified.
6 Section 5. Subsection (2) of section 985.208, Florida
7 Statutes, is amended to read:
8 985.208 Detention of furloughed child or escapee on
9 authority of the department.--
10 (2) Any sheriff or other law enforcement officer, upon
11 the request of the secretary of the department or duly
12 authorized agent, shall take a child who has escaped or
13 absconded from a department facility for committed delinquent
14 children, or from being lawfully transported thereto or
15 therefrom, into custody and deliver the child to the
16 appropriate juvenile probation officer intake counselor or
17 case manager of the department.
18 Section 6. Section 985.209, Florida Statutes, is
19 amended to read:
20 985.209 Juvenile justice assessment centers.--
21 (1) As used in this section, the term "center" means a
22 juvenile assessment center comprising community operated
23 facilities and programs that provide colocated central intake
24 and screening services for youth referred to the Department of
25 Juvenile Justice.
26 (2) The department shall work cooperatively with
27 substance abuse programs, mental health providers, law
28 enforcement agencies, schools, health service providers, the
29 public defenders, state attorneys, and other agencies serving
30 youth to establish juvenile assessment centers. Each current
31 and newly established center shall be developed and modified
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1 through the local initiative of community agencies and local
2 governments and shall provide a broad array of youth-related
3 services appropriate to the needs of the community where the
4 center is located.
5 (3) Each center shall be managed and governed by the
6 participating agencies, consistent with respective statutory
7 requirements of each agency, through an advisory committee and
8 interagency agreements established with participating
9 entities. The advisory committee shall guide the center's
10 operation and ensure that appropriate and relevant agencies
11 are collaboratively participating in and providing services at
12 the center. Each participating state agency shall have
13 operational oversight of only those individual service
14 components located and provided at the center for which the
15 state agency has statutory authority and responsibility.
16 (4) Each center shall provide colocated central intake
17 and screening services for youth referred to the department.
18 The center shall provide sufficient services needed to
19 facilitate the initial screening of and case processing for
20 youth, including, at a minimum, delinquency intake; positive
21 identification of the youth; detention admission screening;
22 needs assessment; substance abuse screening and assessments;
23 physical and mental health screening; and diagnostic testing
24 as appropriate. The department shall provide sufficient staff
25 and resources at a center to provide detention screening and
26 intake services.
27 (5) Each center must provide for the coordination and
28 sharing of information among the participating agencies to
29 facilitate the screening of and case processing for youth
30 referred to the department. The department shall work
31 cooperatively with substance abuse facilities, mental health
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1 providers, law enforcement agencies, schools, health services
2 providers, and other entities involved with children to
3 establish a juvenile justice assessment center in each service
4 district. The assessment center shall serve as central intake
5 and screening for children referred to the department. Each
6 juvenile justice assessment center shall provide services
7 needed to facilitate initial screening of children, including
8 intake and needs assessment, substance abuse screening,
9 physical and mental health screening, and diagnostic testing,
10 as appropriate. The entities involved in the assessment center
11 shall make the resources for the provision of these services
12 available at the same level to which they are available to the
13 general public.
14 Section 7. Section 985.21, Florida Statutes, is
15 amended to read:
16 985.21 Intake and case management.--
17 (1)(a) During the intake process, the juvenile
18 probation officer intake counselor shall screen each child to
19 determine:
20 1. Appropriateness for release, referral to a
21 diversionary program including, but not limited to, a
22 teen-court program, referral for community arbitration, or
23 referral to some other program or agency for the purpose of
24 nonofficial or nonjudicial handling.
25 2. The presence of medical, psychiatric,
26 psychological, substance abuse, educational problems, or other
27 conditions that may have caused the child to come to the
28 attention of law enforcement or the Department of Juvenile
29 Justice. In cases where such conditions are identified, and a
30 nonjudicial handling of the case is chosen, the juvenile
31 probation officer intake counselor shall attempt to refer the
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1 child to a program or agency, together with all available and
2 relevant assessment information concerning the child's
3 precipitating condition.
4 3. The Department of Juvenile Justice shall develop a
5 case management system whereby a child brought into intake is
6 assigned a juvenile probation officer case manager if the
7 child was not released, referred to a diversionary program,
8 referred for community arbitration, or referred to some other
9 program or agency for the purpose of nonofficial or
10 nonjudicial handling, and shall make every reasonable effort
11 to provide continuity of case management for the child;
12 provided, however, that case management for children committed
13 to residential programs may be transferred as provided in s.
14 985.316.
15 4. In addition to duties specified in other sections
16 and through departmental rules, the assigned juvenile
17 probation officer case manager shall be responsible for the
18 following:
19 a. Ensuring that a risk assessment instrument
20 establishing the child's eligibility for detention has been
21 accurately completed and that the appropriate recommendation
22 was made to the court.
23 b. Inquiring as to whether the child understands his
24 or her rights to counsel and against self-incrimination.
25 c. Performing the preliminary screening and making
26 referrals for comprehensive assessment regarding the child's
27 need for substance abuse treatment services, mental health
28 services, retardation services, literacy services, or other
29 educational or treatment services.
30 d. Coordinating the multidisciplinary assessment when
31 required, which includes the classification and placement
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1 process that determines the child's priority needs, risk
2 classification, and treatment plan. When sufficient evidence
3 exists to warrant a comprehensive assessment and the child
4 fails to voluntarily participate in the assessment efforts, it
5 is the responsibility of the juvenile probation officer case
6 manager to inform the court of the need for the assessment and
7 the refusal of the child to participate in such assessment.
8 This assessment, classification, and placement process shall
9 develop into the predisposition report.
10 e. Making recommendations for services and
11 facilitating the delivery of those services to the child,
12 including any mental health services, educational services,
13 family counseling services, family assistance services, and
14 substance abuse services. The juvenile probation officer
15 delinquency case manager shall serve as the primary case
16 manager for the purpose of managing, coordinating, and
17 monitoring the services provided to the child. Each program
18 administrator within the Department of Children and Family
19 Services shall cooperate with the primary case manager in
20 carrying out the duties and responsibilities described in this
21 section.
22
23 The Department of Juvenile Justice shall annually advise the
24 Legislature and the Executive Office of the Governor of the
25 resources needed in order for the case management system to
26 maintain a staff-to-client ratio that is consistent with
27 accepted standards and allows the necessary supervision and
28 services for each child. The intake process and case
29 management system shall provide a comprehensive approach to
30 assessing the child's needs, relative risks, and most
31
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1 appropriate handling, and shall be based on an individualized
2 treatment plan.
3 (b) The intake and case management system shall
4 facilitate consistency in the recommended placement of each
5 child, and in the assessment, classification, and placement
6 process, with the following purposes:
7 1. An individualized, multidisciplinary assessment
8 process that identifies the priority needs of each individual
9 child for rehabilitation and treatment and identifies any
10 needs of the child's parents or guardians for services that
11 would enhance their ability to provide adequate support,
12 guidance, and supervision for the child. This process shall
13 begin with the detention risk assessment instrument and
14 decision, shall include the intake preliminary screening and
15 comprehensive assessment for substance abuse treatment
16 services, mental health services, retardation services,
17 literacy services, and other educational and treatment
18 services as components, additional assessment of the child's
19 treatment needs, and classification regarding the child's
20 risks to the community and, for a serious or habitual
21 delinquent child, shall include the assessment for placement
22 in a serious or habitual delinquent children program pursuant
23 to s. 985.31. The completed multidisciplinary assessment
24 process shall result in the predisposition report.
25 2. A classification system that assigns a relative
26 risk to the child and the community based upon assessments
27 including the detention risk assessment results when available
28 to classify the child's risk as it relates to placement and
29 supervision alternatives.
30 3. An admissions process that facilitates for each
31 child the utilization of the treatment plan and setting most
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1 appropriate to meet the child's programmatic needs and provide
2 the minimum program security needed to ensure public safety.
3 (2) The intake process shall be performed by the
4 department through a case management system. The purpose of
5 the intake process is to assess the child's needs and risks
6 and to determine the most appropriate treatment plan and
7 setting for the child's programmatic needs and risks. The
8 intake process shall result in choosing the most appropriate
9 services through a balancing of the interests and needs of the
10 child with those of the family and the public. The juvenile
11 probation officer intake counselor or case manager is
12 responsible for making informed decisions and recommendations
13 to other agencies, the state attorney, and the courts so that
14 the child and family may receive the least intrusive service
15 alternative throughout the judicial process. The department
16 shall establish uniform procedures for the juvenile probation
17 officer intake counselor or case manager to provide, prior to
18 the filing of a petition or as soon as possible thereafter and
19 prior to a disposition hearing, a preliminary screening of the
20 child and family for substance abuse and mental health
21 services.
22 (3) A report, affidavit, or complaint alleging that a
23 child has committed a delinquent act or violation of law shall
24 be made to the intake office operating in the county in which
25 the child is found or in which the delinquent act or violation
26 of law occurred. Any person or agency having knowledge of the
27 facts may make such a written report, affidavit, or complaint
28 and shall furnish to the intake office facts sufficient to
29 establish the jurisdiction of the court and to support a
30 finding by the court that the child has committed a delinquent
31 act or violation of law.
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1 (4) The juvenile probation officer intake counselor or
2 case manager shall make a preliminary determination as to
3 whether the report, affidavit, or complaint is complete,
4 consulting with the state attorney as may be necessary. In any
5 case where the juvenile probation officer intake counselor or
6 case manager or the state attorney finds that the report,
7 affidavit, or complaint is insufficient by the standards for a
8 probable cause affidavit, the juvenile probation officer
9 intake counselor or case manager or state attorney shall
10 return the report, affidavit, or complaint, without delay, to
11 the person or agency originating the report, affidavit, or
12 complaint or having knowledge of the facts or to the
13 appropriate law enforcement agency having investigative
14 jurisdiction of the offense, and shall request, and the person
15 or agency shall promptly furnish, additional information in
16 order to comply with the standards for a probable cause
17 affidavit.
18 (a) The juvenile probation officer intake counselor or
19 case manager, upon determining that the report, affidavit, or
20 complaint is complete, may, in the case of a child who is
21 alleged to have committed a delinquent act or violation of
22 law, recommend that the state attorney file a petition of
23 delinquency or an information or seek an indictment by the
24 grand jury. However, such a recommendation is not a
25 prerequisite for any action taken by the state attorney.
26 (b) The juvenile probation officer intake counselor or
27 case manager, upon determining that the report, affidavit, or
28 complaint is complete, pursuant to uniform procedures
29 established by the department, shall:
30 1. When indicated by the preliminary screening,
31 provide for a comprehensive assessment of the child and family
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1 for substance abuse problems, using community-based licensed
2 programs with clinical expertise and experience in the
3 assessment of substance abuse problems.
4 2. When indicated by the preliminary screening,
5 provide for a comprehensive assessment of the child and family
6 for mental health problems, using community-based
7 psychologists, psychiatrists, or other licensed mental health
8 professionals with clinical expertise and experience in the
9 assessment of mental health problems.
10
11 When indicated by the comprehensive assessment, the department
12 is authorized to contract within appropriated funds for
13 services with a local nonprofit community mental health or
14 substance abuse agency licensed or authorized under chapter
15 394, or chapter 397, or other authorized nonprofit social
16 service agency providing related services. The determination
17 of mental health or substance abuse services shall be
18 conducted in coordination with existing programs providing
19 mental health or substance abuse services in conjunction with
20 the intake office. Client information resulting from the
21 screening and evaluation shall be documented pursuant to rules
22 established by the department and shall serve to assist the
23 juvenile probation officer intake counselor or case manager in
24 providing the most appropriate services and recommendations in
25 the least intrusive manner. Such client information shall be
26 used in the multidisciplinary assessment and classification of
27 the child, but such information, and any information obtained
28 directly or indirectly through the assessment process, is
29 inadmissible in court prior to the disposition hearing, unless
30 the child's written consent is obtained. At the disposition
31 hearing, documented client information shall serve to assist
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1 the court in making the most appropriate custody,
2 adjudicatory, and dispositional decision. If the screening and
3 assessment indicate that the interest of the child and the
4 public will be best served thereby, the juvenile probation
5 officer intake counselor or case manager, with the approval of
6 the state attorney, may refer the child for care, diagnostic
7 and evaluation services, substance abuse treatment services,
8 mental health services, retardation services, a diversionary
9 or arbitration or mediation program, community service work,
10 or other programs or treatment services voluntarily accepted
11 by the child and the child's parents or legal guardians. The
12 victim, if any, and the law enforcement agency which
13 investigated the offense shall be notified immediately by the
14 state attorney of the action taken under this paragraph.
15 Whenever a child volunteers to participate in any work program
16 under this chapter or volunteers to work in a specified state,
17 county, municipal, or community service organization
18 supervised work program or to work for the victim, the child
19 shall be considered an employee of the state for the purposes
20 of liability. In determining the child's average weekly wage,
21 unless otherwise determined by a specific funding program, all
22 remuneration received from the employer is considered a
23 gratuity, and the child is not entitled to any benefits
24 otherwise payable under s. 440.15, regardless of whether the
25 child may be receiving wages and remuneration from other
26 employment with another employer and regardless of the child's
27 future wage-earning capacity.
28 (c) The juvenile probation officer intake counselor or
29 case manager, upon determining that the report, affidavit, or
30 complaint complies with the standards of a probable cause
31 affidavit and that the interest of the child and the public
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1 will be best served, may recommend that a delinquency petition
2 not be filed. If such a recommendation is made, the juvenile
3 probation officer intake counselor or case manager shall
4 advise in writing the person or agency making the report,
5 affidavit, or complaint, the victim, if any, and the law
6 enforcement agency having investigative jurisdiction of the
7 offense of the recommendation and the reasons therefor; and
8 that the person or agency may submit, within 10 days after the
9 receipt of such notice, the report, affidavit, or complaint to
10 the state attorney for special review. The state attorney,
11 upon receiving a request for special review, shall consider
12 the facts presented by the report, affidavit, or complaint,
13 and by the juvenile probation officer intake counselor or case
14 manager who made the recommendation that no petition be filed,
15 before making a final decision as to whether a petition or
16 information should or should not be filed.
17 (d) In all cases in which the child is alleged to have
18 committed a violation of law or delinquent act and is not
19 detained, the juvenile probation officer intake counselor or
20 case manager shall submit a written report to the state
21 attorney, including the original report, complaint, or
22 affidavit, or a copy thereof, including a copy of the child's
23 prior juvenile record, within 20 days after the date the child
24 is taken into custody. In cases in which the child is in
25 detention, the intake office report must be submitted within
26 24 hours after the child is placed into detention. The intake
27 office report must recommend either that a petition or
28 information be filed or that no petition or information be
29 filed, and must set forth reasons for the recommendation.
30 (e) The state attorney may in all cases take action
31 independent of the action or lack of action of the juvenile
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1 probation officer intake counselor or case manager, and shall
2 determine the action which is in the best interest of the
3 public and the child. If the child meets the criteria
4 requiring prosecution as an adult pursuant to s. 985.226, the
5 state attorney shall request the court to transfer and certify
6 the child for prosecution as an adult or shall provide written
7 reasons to the court for not making such request. In all other
8 cases, the state attorney may:
9 1. File a petition for dependency;
10 2. File a petition pursuant to chapter 984;
11 3. File a petition for delinquency;
12 4. File a petition for delinquency with a motion to
13 transfer and certify the child for prosecution as an adult;
14 5. File an information pursuant to s. 985.227;
15 6. Refer the case to a grand jury;
16 7. Refer the child to a diversionary, pretrial
17 intervention, arbitration, or mediation program, or to some
18 other treatment or care program if such program commitment is
19 voluntarily accepted by the child or the child's parents or
20 legal guardians; or
21 8. Decline to file.
22 (f) In cases in which a delinquency report, affidavit,
23 or complaint is filed by a law enforcement agency and the
24 state attorney determines not to file a petition, the state
25 attorney shall advise the clerk of the circuit court in
26 writing that no petition will be filed thereon.
27 (5) Prior to requesting that a delinquency petition be
28 filed or prior to filing a dependency petition, the juvenile
29 probation intake officer may request the parent or legal
30 guardian of the child to attend a course of instruction in
31 parenting skills, training in conflict resolution, and the
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1 practice of nonviolence; to accept counseling; or to receive
2 other assistance from any agency in the community which
3 notifies the clerk of the court of the availability of its
4 services. Where appropriate, the juvenile probation intake
5 officer shall request both parents or guardians to receive
6 such parental assistance. The juvenile probation intake
7 officer may, in determining whether to request that a
8 delinquency petition be filed, take into consideration the
9 willingness of the parent or legal guardian to comply with
10 such request.
11 Section 8. Subsections (3) and (4) and paragraph (c)
12 of subsection (6) of section 985.211, Florida Statutes, are
13 amended to read:
14 985.211 Release or delivery from custody.--
15 (3) If the child is released, the person taking the
16 child into custody shall make a written report or probable
17 cause affidavit to the appropriate juvenile probation officer
18 intake counselor or case manager within 3 days, stating the
19 facts and the reason for taking the child into custody. Such
20 written report or probable cause affidavit shall:
21 (a) Identify the child, the parents, guardian, or
22 legal custodian, and the person to whom the child was
23 released.
24 (b) Contain sufficient information to establish the
25 jurisdiction of the court and to make a prima facie showing
26 that the child has committed a violation of law or a
27 delinquent act.
28 (4) A person taking a child into custody who
29 determines, pursuant to s. 985.215, that the child should be
30 detained or released to a shelter designated by the
31 department, shall make a reasonable effort to immediately
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1 notify the parent, guardian, or legal custodian of the child
2 and shall, without unreasonable delay, deliver the child to
3 the appropriate juvenile probation officer intake counselor or
4 case manager or, if the court has so ordered pursuant to s.
5 985.215, to a detention center or facility. Upon delivery of
6 the child, the person taking the child into custody shall make
7 a written report or probable cause affidavit to the
8 appropriate juvenile probation officer intake counselor or
9 case manager. Such written report or probable cause affidavit
10 must:
11 (a) Identify the child and, if known, the parents,
12 guardian, or legal custodian.
13 (b) Establish that the child was legally taken into
14 custody, with sufficient information to establish the
15 jurisdiction of the court and to make a prima facie showing
16 that the child has committed a violation of law.
17 (6)
18 (c) Each letter of recommendation, written notice,
19 report, or other paper required by law pertaining to the case
20 shall bear the uniform case number of the case, and a copy
21 shall be filed with the clerk of the circuit court by the
22 issuing agency. The issuing agency shall furnish copies to
23 the juvenile probation officer intake counselor or case
24 manager and the state attorney.
25 Section 9. Subsections (1) and (2) and paragraph (a)
26 of subsection (10) of section 985.215, Florida Statutes, are
27 amended to read:
28 985.215 Detention.--
29 (1) The juvenile probation officer intake counselor or
30 case manager shall receive custody of a child who has been
31 taken into custody from the law enforcement agency and shall
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1 review the facts in the law enforcement report or probable
2 cause affidavit and make such further inquiry as may be
3 necessary to determine whether detention care is required.
4 (a) During the period of time from the taking of the
5 child into custody to the date of the detention hearing, the
6 initial decision as to the child's placement into secure
7 detention care, nonsecure detention care, or home detention
8 care shall be made by the juvenile probation officer intake
9 counselor or case manager pursuant to ss. 985.213 and 985.214.
10 (b) The juvenile probation officer intake counselor or
11 case manager shall base the decision whether or not to place
12 the child into secure detention care, home detention care, or
13 nonsecure detention care on an assessment of risk in
14 accordance with the risk assessment instrument and procedures
15 developed by the Department of Juvenile Justice under s.
16 985.213.
17 (c) If the juvenile probation officer intake counselor
18 or case manager determines that a child who is eligible for
19 detention based upon the results of the risk assessment
20 instrument should be released, the juvenile probation officer
21 intake counselor or case manager shall contact the state
22 attorney, who may authorize release. If detention is not
23 authorized, the child may be released by the juvenile
24 probation officer intake counselor or case manager in
25 accordance with s. 985.211.
26
27 Under no circumstances shall the juvenile probation officer
28 intake counselor or case manager or the state attorney or law
29 enforcement officer authorize the detention of any child in a
30 jail or other facility intended or used for the detention of
31 adults, without an order of the court.
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1 (2) Subject to the provisions of subsection (1), a
2 child taken into custody and placed into nonsecure or home
3 detention care or detained in secure detention care prior to a
4 detention hearing may continue to be detained by the court if:
5 (a) The child is alleged to be an escapee or an
6 absconder from a commitment program, a community control
7 program, furlough, or aftercare supervision, or is alleged to
8 have escaped while being lawfully transported to or from such
9 program or supervision.
10 (b) The child is wanted in another jurisdiction for an
11 offense which, if committed by an adult, would be a felony.
12 (c) The child is charged with a delinquent act or
13 violation of law and requests in writing through legal counsel
14 to be detained for protection from an imminent physical threat
15 to his or her personal safety.
16 (d) The child is charged with committing an offense of
17 domestic violence as defined in s. 741.28(1) and is detained
18 as provided in s. 985.213(2)(b)3.
19 (e) The child is charged with a capital felony, a life
20 felony, a felony of the first degree, a felony of the second
21 degree that does not involve a violation of chapter 893, or a
22 felony of the third degree that is also a crime of violence,
23 including any such offense involving the use or possession of
24 a firearm.
25 (f) The child is charged with any second degree or
26 third degree felony involving a violation of chapter 893 or
27 any third degree felony that is not also a crime of violence,
28 and the child:
29 1. Has a record of failure to appear at court hearings
30 after being properly notified in accordance with the Rules of
31 Juvenile Procedure;
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1 2. Has a record of law violations prior to court
2 hearings;
3 3. Has already been detained or has been released and
4 is awaiting final disposition of the case;
5 4. Has a record of violent conduct resulting in
6 physical injury to others; or
7 5. Is found to have been in possession of a firearm.
8 (g) The child is alleged to have violated the
9 conditions of the child's community control or aftercare
10 supervision. However, a child detained under this paragraph
11 may be held only in a consequence unit as provided in s.
12 985.231(1)(a)1.c. If a consequence unit is not available, the
13 child shall be placed on home detention with electronic
14 monitoring.
15
16 A child who meets any of these criteria and who is ordered to
17 be detained pursuant to this subsection shall be given a
18 hearing within 24 hours after being taken into custody. The
19 purpose of the detention hearing is to determine the existence
20 of probable cause that the child has committed the delinquent
21 act or violation of law with which he or she is charged and
22 the need for continued detention. Unless a child is detained
23 under paragraph (d), the court shall utilize the results of
24 the risk assessment performed by the juvenile probation
25 officer intake counselor or case manager and, based on the
26 criteria in this subsection, shall determine the need for
27 continued detention. A child placed into secure, nonsecure, or
28 home detention care may continue to be so detained by the
29 court pursuant to this subsection. If the court orders a
30 placement more restrictive than indicated by the results of
31 the risk assessment instrument, the court shall state, in
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1 writing, clear and convincing reasons for such placement.
2 Except as provided in s. 790.22(8) or in subparagraph
3 (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
4 (10)(d), when a child is placed into secure or nonsecure
5 detention care, or into a respite home or other placement
6 pursuant to a court order following a hearing, the court order
7 must include specific instructions that direct the release of
8 the child from such placement no later than 5 p.m. on the last
9 day of the detention period specified in paragraph (5)(b) or
10 paragraph (5)(c), or subparagraph (10)(a)1., whichever is
11 applicable, unless the requirements of such applicable
12 provision have been met or an order of continuance has been
13 granted pursuant to paragraph (5)(d).
14 (10)(a)1. When a child is committed to the Department
15 of Juvenile Justice awaiting dispositional placement, removal
16 of the child from detention care shall occur within 5 days,
17 excluding Saturdays, Sundays, and legal holidays. If the child
18 is committed to a low-risk residential program or a
19 moderate-risk residential program, the department may seek an
20 order from the court authorizing continued detention for a
21 specific period of time necessary for the appropriate
22 residential placement of the child. However, such continued
23 detention in secure detention care may not exceed 15 days
24 after commitment, excluding Saturdays, Sundays, and legal
25 holidays, and except as otherwise provided in this subsection.
26 A child may not be held in secure detention during the 5-day
27 period while awaiting placement unless the child meets the
28 criteria for detention prescribed in this section.
29 2. The court must place all children who are
30 adjudicated and awaiting placement in a residential commitment
31 program in detention care. Children who are in home detention
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1 care or nonsecure detention care may be placed on electronic
2 monitoring. A child committed to a moderate-risk residential
3 program may be held in a juvenile assignment center pursuant
4 to s. 985.307 until placement or commitment is accomplished.
5 Section 10. Subsection (2) of section 985.216, Florida
6 Statutes, is amended to read:
7 985.216 Punishment for contempt of court; alternative
8 sanctions.--
9 (2) PLACEMENT IN A SECURE FACILITY.--A child may be
10 placed in a secure facility for purposes of punishment for
11 contempt of court if alternative sanctions are unavailable or
12 inappropriate, or if the child has already been ordered to
13 serve an alternative sanction but failed to comply with the
14 sanction.
15 (a) A delinquent child who has been held in direct or
16 indirect contempt may be placed in a secure detention facility
17 for 5 days for a first offense or 15 days for a second or
18 subsequent offense, or in a secure residential commitment
19 facility.
20 (b) A child in need of services who has been held in
21 direct contempt or indirect contempt may be placed, for 5 days
22 for a first offense or 15 days for a second or subsequent
23 offense, in a staff-secure shelter or a staff-secure
24 residential facility solely for children in need of services
25 if such placement is available, or, if such placement is not
26 available, the child may be placed in an appropriate mental
27 health facility or substance abuse facility for assessment. In
28 addition to disposition under this paragraph, a child in need
29 of services who is held in direct contempt or indirect
30 contempt may be placed in a physically secure facility as
31
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1 provided under s. 984.226 if conditions of eligibility are
2 met.
3 Section 11. Section 985.223, Florida Statutes, is
4 amended to read:
5 985.223 Incompetency in juvenile delinquency cases.--
6 (1) If, at any time prior to or during a delinquency
7 case involving a delinquent act or violation of law that would
8 be a felony if committed by an adult, the court has reason to
9 believe that the child named in the petition may be
10 incompetent to proceed with the hearing, the court on its own
11 motion may, or on the motion of the child's attorney or state
12 attorney must, stay all proceedings and order an evaluation of
13 the child's mental condition.
14 (a) Any motion questioning the child's competency to
15 proceed must be served upon the child's attorney, the state
16 attorney, attorneys representing the Department of Juvenile
17 Justice, and attorneys representing the Department of Children
18 and Family Services. Thereafter, any motion, notice of
19 hearing, order, or other legal pleading relating to the
20 child's competency to proceed with the hearing must be served
21 upon the child's attorney, the state attorney, and attorneys
22 representing the Department of Juvenile Justice, and attorneys
23 representing the Department of Children and Family Services.
24 The Department of Juvenile Justice and the Department of
25 Children and Family Services may, after service of the motion
26 questioning the child's competency to proceed, participate as
27 parties to the litigation pertaining to competency.
28 (b)(a) All determinations of competency shall be made
29 at a hearing, with findings of fact based on an evaluation of
30 the child's mental condition made by not fewer less than two
31 nor more than three experts appointed by the court. The basis
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1 for If the determination of incompetency is based on the
2 presence of a mental illness or mental retardation, this must
3 be specifically stated in the evaluation. Experts appointed by
4 the court to determine the mental condition of a child shall
5 be allowed reasonable fees for services rendered. State
6 employees may be paid expenses pursuant to s. 112.061. The
7 fees shall be taxed as costs in the case. In addition, a
8 recommendation as to whether residential or nonresidential
9 treatment or training is required must be included in the
10 evaluation.
11 (c) All court orders determining incompetency must
12 include specific written findings by the court as to the
13 nature of the incompetency and whether the child requires
14 secure or nonsecure treatment or training environments.
15 (d)(b) For incompetency evaluations related to mental
16 illness, the Department of Children and Family Services shall
17 annually provide the courts with a list of mental health
18 professionals who have completed a training program approved
19 by the Department of Children and Family Services to perform
20 the evaluations.
21 (e)(c) For incompetency evaluations related to mental
22 retardation, the court shall order the Developmental Services
23 Program Office within the Department of Children and Family
24 Services to examine the child to determine if the child meets
25 the definition of "retardation" in s. 393.063 and, if so,
26 whether the child is competent to proceed with delinquency
27 proceedings.
28 (f)(d) A child is competent to proceed if the child
29 has sufficient present ability to consult with counsel with a
30 reasonable degree of rational understanding and the child has
31
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1 a rational and factual understanding of the present
2 proceedings. The report must address the child's capacity to:
3 1. Appreciate the charges or allegations against the
4 child.
5 2. Appreciate the range and nature of possible
6 penalties that may be imposed in the proceedings against the
7 child, if applicable.
8 3. Understand the adversarial nature of the legal
9 process.
10 4. Disclose to counsel facts pertinent to the
11 proceedings at issue.
12 5. Display appropriate courtroom behavior.
13 6. Testify relevantly.
14 (g) Immediately upon the filing of the court order
15 finding a child incompetent to proceed, the clerk of the court
16 shall notify the Department of Children and Family Services
17 and fax or hand deliver to the Department of Children and
18 Family Services a referral packet which includes, at a
19 minimum, the court order, the charging documents, the
20 petition, and the court-appointed evaluator's reports.
21 (h) After placement of the child in the appropriate
22 setting, the Department of Children and Family Services must,
23 within 30 days after the Department of Children and Family
24 Services places the child, prepare and submit to the court a
25 treatment plan for the child's restoration of competency. A
26 copy of the treatment plan must be served upon the child's
27 attorney, the state attorney, and attorneys representing the
28 Department of Juvenile Justice.
29 (2) A Every child who is mentally ill or retarded, is
30 adjudicated incompetent to proceed, and has committed a
31 delinquent act or violation of law, either of which would be a
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1 felony if committed by an adult, must may be involuntarily
2 committed to the Department of Children and Family Services
3 for treatment or training. A child who has been adjudicated
4 incompetent to proceed because of age or immaturity, or for
5 any reason other than for mental illness or retardation, must
6 not be committed to the department or to the Department of
7 Children and Family Services for restoration-of-competency
8 treatment or training services. For the purpose of this
9 section, no child who has committed a delinquent act or
10 violation of law, either of which would be a misdemeanor if
11 committed by an adult, may be committed to the department or
12 to the Department of Children and Family Services for
13 restoration-of-competency treatment or training services.
14 (3) If the court finds that a child is mentally ill or
15 retarded and adjudicates the child incompetent to proceed, the
16 court must also determine whether the child meets the criteria
17 for secure placement. A child may be placed in a secure
18 facility or program if the court makes upon a finding by the
19 court of clear and convincing evidence that:
20 (a) The child is mentally ill and because of the
21 mental illness; or the child is mentally retarded and because
22 of the mental retardation:
23 1. The child is manifestly incapable of surviving with
24 the help of willing and responsible family or friends,
25 including available alternative services, and without
26 treatment or training the child is likely to either suffer
27 from neglect or refuse to care for self, and such neglect or
28 refusal poses a real and present threat of substantial harm to
29 the child's well-being; or
30 2. There is a substantial likelihood that in the near
31 future the child will inflict serious bodily harm on self or
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1 others, as evidenced by recent behavior causing, attempting,
2 or threatening such harm; and
3 (b) All available less restrictive alternatives,
4 including treatment or training in community residential
5 facilities or community inpatient or outpatient settings which
6 would offer an opportunity for improvement of the child's
7 condition, are inappropriate.
8 (4)(3) A Each child who is determined to be mentally
9 ill or retarded, who has been adjudicated incompetent to
10 proceed, and who meets the criteria set forth for commitment
11 in subsection (3) (2), must be committed to the Department of
12 Children and Family Services, and the that Department of
13 Children and Family Services may retain, and if it retains
14 must treat or train, the child in a secure facility or program
15 that is the least restrictive alternative consistent with
16 public safety. Any placement commitment of a child to a
17 secure residential program must be separate from adult
18 forensic programs. If the child attains competency, the
19 custody, case management, and supervision of the child will be
20 transferred to the department in order to continue delinquency
21 proceedings; however, the court retains authority to order the
22 Department of Children and Family Services to provide
23 continued treatment to maintain competency.
24 (a) A child adjudicated incompetent due to mental
25 retardation may be ordered into a secure program or facility
26 designated by the Department of Children and Family Services
27 for retarded children.
28 (b) A child adjudicated incompetent due to mental
29 illness may be ordered into a secure program or facility
30 designated by the Department of Children and Family Services
31 for mentally ill children.
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1 (c) Whenever a child is placed in a secure residential
2 facility, the department will provide transportation to the
3 secure residential facility for admission and from the secure
4 residential facility upon discharge.
5 (d) The purpose of the treatment or training is the
6 restoration of the child's competency to proceed.
7 (e)(c) The service provider must file a written report
8 with the court pursuant to the applicable Rules of Juvenile
9 Procedure not later than 6 months after the date of
10 commitment, or at the end of any period of extended treatment
11 or training, and or at any time the Department of Children and
12 Family Services, through its service provider, determines the
13 child has attained competency or no longer meets the criteria
14 for secure placement, or at such shorter intervals as ordered
15 by the court commitment, the service provider must file a
16 report with the court pursuant to the applicable Rules of
17 Juvenile Procedure. A copy of a written report evaluating the
18 child's competency must be filed by the provider with the
19 court and with the state attorney, the child's attorney, the
20 department, and the Department of Children and Family
21 Services.
22 (5)(a)(4) If a child is determined to be incompetent
23 to proceed, the court shall retain jurisdiction of the child
24 for up to 2 years after the date of the order of incompetency,
25 with reviews at least every 6 months to determine competency.
26 (b) Whenever the provider files a report with the
27 court informing the court that the child will never become
28 competent to proceed, the Department of Children and Family
29 Services will develop a discharge plan for the child before
30 any hearing determining whether the child will ever become
31 competent to proceed. The Department of Children and Family
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1 Services must send the proposed discharge plan to the court,
2 the state attorney, the child's attorney, and attorneys
3 representing the Department of Juvenile Justice. The provider
4 will continue to provide services to the child until the court
5 issues the order finding that the child will never become
6 competent to proceed.
7 (c) If the court determines at any time that the child
8 will never become competent to proceed, the court may dismiss
9 the delinquency petition. If, at the end of the 2-year period
10 following the date of the order of incompetency, the child has
11 not attained competency and there is no evidence that the
12 child will attain competency within a year, the court must
13 dismiss the delinquency petition. If appropriate necessary,
14 the court may order that proceedings under chapter 393 or
15 chapter 394 be instituted. Such proceedings must be
16 instituted not less than 60 days prior to the dismissal of the
17 delinquency petition.
18 (6)(a)(5) If a child is determined to be mentally ill
19 or retarded and who is found to be incompetent to proceed but
20 does not meet the commitment criteria set forth in of
21 subsection (3) (2), the court shall commit the child to the
22 Department of Children and Family Services and shall may order
23 the Department of Children and Family Services to provide
24 appropriate treatment and training in the community. The
25 purpose of the treatment or training is the restoration of the
26 child's competency to proceed.
27 (b) All court-ordered treatment or training must be
28 the least restrictive alternative that is consistent with
29 public safety. Any placement by the Department of Children
30 and Family Services commitment to a residential program must
31 be separate from adult forensic programs.
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1 (c) If a child is ordered to receive
2 competency-restoration such services, the services shall be
3 provided by the Department of Children and Family Services.
4 The department shall continue to provide case management
5 services to the child and receive notice of the competency
6 status of the child.
7 (d) The service provider must file a written report
8 with the court pursuant to the applicable Rules of Juvenile
9 Procedure, not later than 6 months after the date of
10 commitment, at the end of any period of extended treatment or
11 training, and at any time the service provider determines the
12 child has attained competency or will never attain competency,
13 or at such shorter intervals as ordered by the court. The
14 competency determination must be reviewed at least every 6
15 months by the service provider, and A copy of a written report
16 evaluating the child's competency must be filed by the
17 provider with the court, the state attorney, the child's
18 attorney, and with the Department of Children and Family
19 Services, and the department.
20 (7)(6) The provisions of this section shall be
21 implemented only subject to specific appropriation.
22 Section 12. Paragraph (a) of subsection (3) of section
23 985.226, Florida Statutes, is amended to read:
24 985.226 Criteria for waiver of juvenile court
25 jurisdiction; hearing on motion to transfer for prosecution as
26 an adult.--
27 (3) WAIVER HEARING.--
28 (a) Within 7 days, excluding Saturdays, Sundays, and
29 legal holidays, after the date a petition alleging that a
30 child has committed a delinquent act or violation of law has
31 been filed, or later with the approval of the court, but
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1 before an adjudicatory hearing and after considering the
2 recommendation of the juvenile probation officer intake
3 counselor or case manager, the state attorney may file a
4 motion requesting the court to transfer the child for criminal
5 prosecution.
6 Section 13. Paragraph (b) of subsection (3) of section
7 985.23, Florida Statutes, is amended to read:
8 985.23 Disposition hearings in delinquency
9 cases.--When a child has been found to have committed a
10 delinquent act, the following procedures shall be applicable
11 to the disposition of the case:
12 (3)
13 (b) If the court determines that commitment to the
14 department is appropriate, the juvenile probation officer
15 intake counselor or case manager shall recommend to the court
16 the most appropriate placement and treatment plan,
17 specifically identifying the restrictiveness level most
18 appropriate for the child. If the court has determined that
19 the child was a member of a criminal street gang, that
20 determination shall be given great weight in identifying the
21 most appropriate restrictiveness level for the child. The
22 court shall consider the department's recommendation in making
23 its commitment decision.
24 Section 14. Paragraph (a) of subsection (1) of section
25 985.231, Florida Statutes, is amended to read:
26 985.231 Powers of disposition in delinquency cases.--
27 (1)(a) The court that has jurisdiction of an
28 adjudicated delinquent child may, by an order stating the
29 facts upon which a determination of a sanction and
30 rehabilitative program was made at the disposition hearing:
31
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1 1. Place the child in a community control program or
2 an aftercare program under the supervision of an authorized
3 agent of the Department of Juvenile Justice or of any other
4 person or agency specifically authorized and appointed by the
5 court, whether in the child's own home, in the home of a
6 relative of the child, or in some other suitable place under
7 such reasonable conditions as the court may direct. A
8 community control program for an adjudicated delinquent child
9 must include a penalty component such as restitution in money
10 or in kind, community service, a curfew, revocation or
11 suspension of the driver's license of the child, or other
12 nonresidential punishment appropriate to the offense and must
13 also include a rehabilitative program component such as a
14 requirement of participation in substance abuse treatment or
15 in school or other educational program.
16 a. A restrictiveness level classification scale for
17 levels of supervision shall be provided by the department,
18 taking into account the child's needs and risks relative to
19 community control supervision requirements to reasonably
20 ensure the public safety. Community control programs for
21 children shall be supervised by the department or by any other
22 person or agency specifically authorized by the court. These
23 programs must include, but are not limited to, structured or
24 restricted activities as described in this subparagraph, and
25 shall be designed to encourage the child toward acceptable and
26 functional social behavior. If supervision or a program of
27 community service is ordered by the court, the duration of
28 such supervision or program must be consistent with any
29 treatment and rehabilitation needs identified for the child
30 and may not exceed the term for which sentence could be
31 imposed if the child were committed for the offense, except
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1 that the duration of such supervision or program for an
2 offense that is a misdemeanor of the second degree, or is
3 equivalent to a misdemeanor of the second degree, may be for a
4 period not to exceed 6 months. When restitution is ordered by
5 the court, the amount of restitution may not exceed an amount
6 the child and the parent or guardian could reasonably be
7 expected to pay or make. A child who participates in any work
8 program under this part is considered an employee of the state
9 for purposes of liability, unless otherwise provided by law.
10 b. The court may conduct judicial review hearings for
11 a child placed on community control for the purpose of
12 fostering accountability to the judge and compliance with
13 other requirements, such as restitution and community service.
14 The court may allow early termination of community control for
15 a child who has substantially complied with the terms and
16 conditions of community control.
17 c. If the conditions of the community control program
18 or the aftercare program are violated, the agent supervising
19 the program as it relates to the child involved, or the state
20 attorney, may bring the child before the court on a petition
21 alleging a violation of the program. Any child who violates
22 the conditions of community control or aftercare must be
23 brought before the court if sanctions are sought. A child
24 taken into custody under s. 985.207 s. 39.037 for violating
25 the conditions of community control or aftercare shall be held
26 in a consequence unit if such a unit is available. The child
27 shall be afforded a hearing within 24 hours after being taken
28 into custody to determine the existence of probable cause that
29 the child violated the conditions of community control or
30 aftercare. A consequence unit is a secure facility
31 specifically designated by the department for children who are
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1 taken into custody under s. 985.207 for violating community
2 control or aftercare, or who have been found by the court to
3 have violated the conditions of community control or
4 aftercare. If the violation involves a new charge of
5 delinquency, the child may be detained under s. 985.215 in a
6 facility other than a consequence unit. If the child is not
7 eligible for detention for the new charge of delinquency, the
8 child may be held in the consequence unit pending a hearing
9 and is subject to the time limitations specified in s.
10 985.215. If the child denies violating the conditions of
11 community control or aftercare, the court shall appoint
12 counsel to represent the child at the child's request. Upon
13 the child's admission, or if the court finds after a hearing
14 that the child has violated the conditions of community
15 control or aftercare, the court shall enter an order revoking,
16 modifying, or continuing community control or aftercare. In
17 each such case, the court shall enter a new disposition order
18 and, in addition to the sanctions set forth in this paragraph,
19 may impose any sanction the court could have imposed at the
20 original disposition hearing. If the child is found to have
21 violated the conditions of community control or aftercare, the
22 court may:
23 (I) Place the child in a consequence unit in that
24 judicial circuit, if available, for up to 5 days for a first
25 violation, and up to 15 days for a second or subsequent
26 violation.
27 (II) Place the child on home detention with electronic
28 monitoring. However, this sanction may be used only if a
29 residential consequence unit is not available.
30 (III) Modify or continue the child's community control
31 program or aftercare program.
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1 (IV) Revoke community control or aftercare and commit
2 the child to the department.
3 d. Notwithstanding s. 743.07 and paragraph (d), and
4 except as provided in s. 985.31, the term of any order placing
5 a child in a community control program must be until the
6 child's 19th birthday unless he or she is released by the
7 court, on the motion of an interested party or on its own
8 motion.
9 2. Commit the child to a licensed child-caring agency
10 willing to receive the child, but the court may not commit the
11 child to a jail or to a facility used primarily as a detention
12 center or facility or shelter.
13 3. Commit the child to the Department of Juvenile
14 Justice at a restrictiveness level defined in s. 985.03(45).
15 Such commitment must be for the purpose of exercising active
16 control over the child, including, but not limited to,
17 custody, care, training, urine monitoring, and treatment of
18 the child and furlough of the child into the community.
19 Notwithstanding s. 743.07 and paragraph (d), and except as
20 provided in s. 985.31, the term of the commitment must be
21 until the child is discharged by the department or until he or
22 she reaches the age of 21.
23 4. Revoke or suspend the driver's license of the
24 child.
25 5. Require the child and, if the court finds it
26 appropriate, the child's parent or guardian together with the
27 child, to render community service in a public service
28 program.
29 6. As part of the community control program to be
30 implemented by the Department of Juvenile Justice, or, in the
31 case of a committed child, as part of the community-based
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1 sanctions ordered by the court at the disposition hearing or
2 before the child's release from commitment, order the child to
3 make restitution in money, through a promissory note cosigned
4 by the child's parent or guardian, or in kind for any damage
5 or loss caused by the child's offense in a reasonable amount
6 or manner to be determined by the court. The clerk of the
7 circuit court shall be the receiving and dispensing agent. In
8 such case, the court shall order the child or the child's
9 parent or guardian to pay to the office of the clerk of the
10 circuit court an amount not to exceed the actual cost incurred
11 by the clerk as a result of receiving and dispensing
12 restitution payments. The clerk shall notify the court if
13 restitution is not made, and the court shall take any further
14 action that is necessary against the child or the child's
15 parent or guardian. A finding by the court, after a hearing,
16 that the parent or guardian has made diligent and good faith
17 efforts to prevent the child from engaging in delinquent acts
18 absolves the parent or guardian of liability for restitution
19 under this subparagraph.
20 7. Order the child and, if the court finds it
21 appropriate, the child's parent or guardian together with the
22 child, to participate in a community work project, either as
23 an alternative to monetary restitution or as part of the
24 rehabilitative or community control program.
25 8. Commit the child to the Department of Juvenile
26 Justice for placement in a program or facility for serious or
27 habitual juvenile offenders in accordance with s. 985.31. Any
28 commitment of a child to a program or facility for serious or
29 habitual juvenile offenders must be for an indeterminate
30 period of time, but the time may not exceed the maximum term
31 of imprisonment that an adult may serve for the same offense.
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1 The court may retain jurisdiction over such child until the
2 child reaches the age of 21, specifically for the purpose of
3 the child completing the program.
4 9. In addition to the sanctions imposed on the child,
5 order the parent or guardian of the child to perform community
6 service if the court finds that the parent or guardian did not
7 make a diligent and good faith effort to prevent the child
8 from engaging in delinquent acts. The court may also order the
9 parent or guardian to make restitution in money or in kind for
10 any damage or loss caused by the child's offense. The court
11 shall determine a reasonable amount or manner of restitution,
12 and payment shall be made to the clerk of the circuit court as
13 provided in subparagraph 6.
14 10. Subject to specific appropriation, commit the
15 juvenile sexual offender to the Department of Juvenile Justice
16 for placement in a program or facility for juvenile sexual
17 offenders in accordance with s. 985.308. Any commitment of a
18 juvenile sexual offender to a program or facility for juvenile
19 sexual offenders must be for an indeterminate period of time,
20 but the time may not exceed the maximum term of imprisonment
21 that an adult may serve for the same offense. The court may
22 retain jurisdiction over a juvenile sexual offender until the
23 juvenile sexual offender reaches the age of 21, specifically
24 for the purpose of completing the program.
25 Section 15. Subsection (4) of section 985.301, Florida
26 Statutes, is amended to read:
27 985.301 Civil citation.--
28 (4) If the juvenile fails to report timely for a work
29 assignment, complete a work assignment, or comply with
30 assigned intervention services within the prescribed time, or
31 if the juvenile commits a third or subsequent misdemeanor, the
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1 law enforcement officer shall issue a report alleging the
2 child has committed a delinquent act, at which point the
3 juvenile probation officer an intake counselor or case manager
4 shall perform a preliminary determination as provided under s.
5 985.21(4).
6 Section 16. Subsection (4), paragraph (e) of
7 subsection (5), and paragraphs (a) and (d) of subsection (6)
8 of section 985.304, Florida Statutes, are amended to read:
9 985.304 Community arbitration.--
10 (4) PROCEDURE FOR INITIATING CASES FOR COMMUNITY
11 ARBITRATION.--
12 (a) Any law enforcement officer may issue a complaint,
13 along with a recommendation for community arbitration, against
14 any child who such officer has reason to believe has committed
15 any offense that is eligible for community arbitration. The
16 complaint shall specify the offense and the reasons why the
17 law enforcement officer feels that the offense should be
18 handled by community arbitration. Any juvenile probation
19 officer intake counselor or case manager or, at the request of
20 the child's parent or legal custodian or guardian, the state
21 attorney or the court having jurisdiction, with the
22 concurrence of the state attorney, may refer a complaint to be
23 handled by community arbitration when appropriate. A copy of
24 the complaint shall be forwarded to the appropriate juvenile
25 probation officer intake counselor or case manager and the
26 parent or legal custodian or guardian of the child within 48
27 hours after issuance of the complaint. In addition to the
28 complaint, the child and the parent or legal custodian or
29 guardian shall be informed of the objectives of the community
30 arbitration process; the conditions, procedures, and
31 timeframes under which it will be conducted; and the fact that
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1 it is not obligatory. The juvenile probation officer intake
2 counselor shall contact the child and the parent or legal
3 custodian or guardian within 2 days after the date on which
4 the complaint was received. At this time, the child or the
5 parent or legal custodian or guardian shall inform the
6 juvenile probation officer intake counselor of the decision to
7 approve or reject the handling of the complaint through
8 community arbitration.
9 (b) The juvenile probation officer intake counselor
10 shall verify accurate identification of the child and
11 determine whether or not the child has any prior adjudications
12 or adjudications withheld for an offense eligible for
13 community arbitration for consideration in the point value
14 structure. If the child has at least one prior adjudication
15 or adjudication withheld for an offense that which is not
16 eligible for community arbitration, or if the child has
17 already surpassed the accepted level of points on prior
18 community arbitration resolutions, the juvenile probation
19 officer intake counselor or case manager shall consult with
20 the state attorney regarding the filing of formal juvenile
21 proceedings.
22 (c) If the child or the parent or legal custodian or
23 guardian rejects the handling of the complaint through
24 community arbitration, the juvenile probation officer intake
25 counselor shall consult with the state attorney for the filing
26 of formal juvenile proceedings.
27 (d) If the child or the parent or legal custodian or
28 guardian accepts the handling of the complaint through
29 community arbitration, the juvenile probation officer intake
30 counselor shall provide copies of the complaint to the
31 arbitrator or panel within 24 hours.
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1 (e) The community arbitrator or community arbitration
2 panel shall, upon receipt of the complaint, set a time and
3 date for a hearing within 7 days and shall inform the child's
4 parent or legal custodian or guardian, the complaining
5 witness, and any victims of the time, date, and place of the
6 hearing.
7 (5) HEARINGS.--
8 (e) If a child fails to appear on the original hearing
9 date, the matter shall be referred back to the juvenile
10 probation officer, intake counselor who shall consult with the
11 state attorney regarding the filing of formal juvenile
12 proceedings.
13 (6) DISPOSITION OF CASES.--
14 (a) Subsequent to any hearing held as provided in
15 subsection (5), the community arbitrator or community
16 arbitration panel may:
17 1. Recommend that the state attorney decline to
18 prosecute the child.
19 2. Issue a warning to the child or the child's family
20 and recommend that the state attorney decline to prosecute the
21 child.
22 3. Refer the child for placement in a community-based
23 nonresidential program.
24 4. Refer the child or the family to community
25 counseling.
26 5. Refer the child to a safety and education program
27 related to delinquent children.
28 6. Refer the child to a work program related to
29 delinquent children and require up to 100 hours of work by the
30 child.
31
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1 7. Refer the child to a nonprofit organization for
2 volunteer work in the community and require up to 100 hours of
3 work by the child.
4 8. Order restitution in money or in kind in a case
5 involving property damage; however, the amount of restitution
6 shall not exceed the amount of actual damage to property.
7 9. Continue the case for further investigation.
8 10. Require the child to undergo urinalysis
9 monitoring.
10 11. Impose any other restrictions or sanctions that
11 are designed to encourage responsible and acceptable behavior
12 and are agreed upon by the participants of the community
13 arbitration proceedings.
14
15 The community arbitrator or community arbitration panel shall
16 determine an appropriate timeframe in which the disposition
17 must be completed. The community arbitrator or community
18 arbitration panel shall report the disposition of the case to
19 the juvenile probation officer intake counselor or case
20 manager.
21 (d) If a child consents to an informal resolution and,
22 in the presence of the parent or legal custodian or guardian
23 and the community arbitrator or community arbitration panel,
24 agrees to comply with any disposition suggested or ordered by
25 such arbitrator or panel and subsequently fails to abide by
26 the terms of such agreement, the community arbitrator or
27 community arbitration panel may, after a careful review of the
28 circumstances, forward the case back to the juvenile probation
29 officer intake counselor, who shall consult with the state
30 attorney regarding the filing of formal juvenile proceedings.
31
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1 Section 17. Effective upon this act becoming a law,
2 section 985.307, Florida Statutes, is amended to read:
3 985.307 Juvenile assignment centers.--
4 (1) Contingent upon specific appropriation, the
5 department shall establish juvenile assignment centers for
6 committed youth who have been ordered by the court for
7 placement in moderate-risk, high-risk, or maximum-risk
8 commitment programs. Juvenile assignment centers shall be
9 residential facilities serving committed youth awaiting
10 placement in a residential commitment program.
11 (2) The purpose of juvenile assignment centers shall
12 be:
13 (a) To ensure public safety by providing a secure
14 residential facility to hold and process juveniles awaiting
15 placement in commitment programs rather than releasing them to
16 their homes and back into the community.
17 (b) To review assessments completed at local juvenile
18 assessment centers and avoid duplication of assessment
19 efforts. Assessments should include medical, academic,
20 psychological, behavioral, sociological, substance abuse and
21 mental health, and vocational testing.
22 (c) To determine appropriate treatment needs,
23 programming, and placement decisions, and, when appropriate,
24 to develop a treatment plan for each juvenile.
25 (d) To examine a juvenile's need for aftercare and
26 independent living upon release from a commitment program and,
27 when appropriate, include this in the treatment plan.
28 (3) Juveniles committed to the department shall be
29 placed in an assignment center following the dispositional
30 hearing and shall be transferred to the designated residential
31 commitment program upon the availability of placement.
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1 (4) Juvenile assignment centers shall be physically
2 secure residential facilities located in each department
3 region to serve youth in that region who are awaiting
4 placement in commitment programs.
5 (5) For each juvenile admitted into an assignment
6 center, the following shall be conducted:
7 (a) Review all assessments, diagnostic testing, and
8 screening instruments performed on the juvenile while at an
9 assessment center, in detention, during intake, or in a
10 program or while in school; and also review the juvenile's
11 school records from the school in which the juvenile is
12 enrolled.
13 (b) Determine the need for, and provide or contract
14 for, additional evaluation, including, but not limited to:
15 needs assessment, substance abuse screening, physical and
16 mental health screening, behavioral screening, educational
17 assessment, aptitude testing, diagnostic testing,
18 psychological evaluation, and vocational testing.
19 (c) Based upon the restrictiveness level ordered by
20 the court and evaluation required in paragraph (b), the
21 department program staff shall make an assignment to a
22 specific commitment program. Program placements shall also
23 take into consideration the geographic location of the
24 juvenile's family in order to facilitate family visits and
25 participation.
26 (d) Pending a juvenile's placement in a commitment
27 program:
28 1. Initiate appropriate treatment plans, educational
29 plans, performance agreements, and transitional planning based
30 upon the court order and assessments.
31
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1 2. Provide or contract for the provision of short-term
2 services, including educational programming, vocational
3 training, mental health services, substance abuse education,
4 conflict resolution training, and impulse control and anger
5 management training. If warranted by a substance abuse
6 screening or a mental or physical health screening performed
7 while the juvenile is in the assignment center, a juvenile may
8 receive treatment while in the assignment center, including,
9 but not limited to, substance abuse, mental health, or
10 physical health treatment.
11 (e) To the extent possible, involve the juvenile's
12 parents or guardian and family in the evaluation process and
13 in the provision of services. Staff shall make efforts to
14 contact the parents or guardian and encourage their
15 involvement.
16 (f) Ensure that all commitment information is complete
17 and ready for transmittal to the commitment program. This
18 shall include a comprehensive treatment plan that reflects the
19 information gathered through the assessment process and
20 includes planning for aftercare and independent living, if
21 needed.
22 (6) Notwithstanding any provision to the contrary,
23 this section expires July 1, 2002 1998, unless reenacted by
24 the Legislature. The department may not create or operate a
25 juvenile assignment center after July 1, 2002 1998, without
26 further legislative authority. Unless reenacted by the
27 Legislature, any juvenile assignment center created under this
28 section shall be converted to a high-level or maximum-level
29 residential commitment program, subject to availability of
30 funds.
31
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1 Section 18. Paragraphs (f) and (h) of subsection (3)
2 of section 985.31, Florida Statutes, are amended to read:
3 985.31 Serious or habitual juvenile offender.--
4 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
5 TREATMENT.--
6 (f) After a child has been transferred for criminal
7 prosecution, a circuit court judge may direct the juvenile
8 probation officer an intake counselor or case manager to
9 consult with designated staff from an appropriate serious or
10 habitual juvenile offender program for the purpose of making
11 recommendations to the court regarding the child's placement
12 in such program.
13 (h) Based on the recommendations of the
14 multidisciplinary assessment, the juvenile probation officer
15 intake counselor or case manager shall make the following
16 recommendations to the court:
17 1. For each child who has not been transferred for
18 criminal prosecution, the juvenile probation officer intake
19 counselor or case manager shall recommend whether placement in
20 such program is appropriate and needed.
21 2. For each child who has been transferred for
22 criminal prosecution, the juvenile probation officer intake
23 counselor or case manager shall recommend whether the most
24 appropriate placement for the child is a juvenile justice
25 system program, including a serious or habitual juvenile
26 offender program or facility, or placement in the adult
27 correctional system.
28
29 If treatment provided by a serious or habitual juvenile
30 offender program or facility is determined to be appropriate
31 and needed and placement is available, the juvenile probation
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1 officer intake counselor or case manager and the court shall
2 identify the appropriate serious or habitual juvenile offender
3 program or facility best suited to the needs of the child.
4 Section 19. Paragraphs (f) and (h) of subsection (3)
5 of section 985.311, Florida Statutes, are amended to read:
6 985.311 Intensive residential treatment program for
7 offenders less than 13 years of age.--
8 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
9 TREATMENT.--
10 (f) After a child has been transferred for criminal
11 prosecution, a circuit court judge may direct the juvenile
12 probation officer an intake counselor or case manager to
13 consult with designated staff from an appropriate intensive
14 residential treatment program for offenders less than 13 years
15 of age for the purpose of making recommendations to the court
16 regarding the child's placement in such program.
17 (h) Based on the recommendations of the
18 multidisciplinary assessment, the juvenile probation officer
19 intake counselor or case manager shall make the following
20 recommendations to the court:
21 1. For each child who has not been transferred for
22 criminal prosecution, the juvenile probation officer intake
23 counselor or case manager shall recommend whether placement in
24 such program is appropriate and needed.
25 2. For each child who has been transferred for
26 criminal prosecution, the juvenile probation officer intake
27 counselor or case manager shall recommend whether the most
28 appropriate placement for the child is a juvenile justice
29 system program, including a child who is eligible for an
30 intensive residential treatment program for offenders less
31
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1 than 13 years of age, or placement in the adult correctional
2 system.
3
4 If treatment provided by an intensive residential treatment
5 program for offenders less than 13 years of age is determined
6 to be appropriate and needed and placement is available, the
7 juvenile probation officer intake counselor or case manager
8 and the court shall identify the appropriate intensive
9 residential treatment program for offenders less than 13 years
10 of age best suited to the needs of the child.
11 Section 20. Section 944.401, Florida Statutes, is
12 transferred, renumbered as section 985.3141, Florida Statutes,
13 and amended to read:
14 985.3141 944.401 Escapes from secure detention or
15 residential commitment facility.--An escape from:
16 (1) Any secure detention facility maintained for the
17 temporary detention of children, pending adjudication,
18 disposition, or placement; an escape from
19 (2) Any residential commitment facility defined in s.
20 985.03(45) s. 39.01(59), maintained for the custody,
21 treatment, punishment, or rehabilitation of children found to
22 have committed delinquent acts or violations of law; or an
23 escape from
24 (3) Lawful transportation to or from any such secure
25 detention facility or residential commitment facility, thereto
26 or therefrom
27
28 constitutes escape within the intent and meaning of s. 944.40
29 and is a felony of the third degree, punishable as provided in
30 s. 775.082, s. 775.083, or s. 775.084.
31
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1 Section 21. Paragraph (a) of subsection (2) of section
2 985.406, Florida Statutes, is amended to read:
3 985.406 Juvenile justice training academies
4 established; Juvenile Justice Standards and Training
5 Commission created; Juvenile Justice Training Trust Fund
6 created.--
7 (2) JUVENILE JUSTICE STANDARDS AND TRAINING
8 COMMISSION.--
9 (a) There is created under the Department of Juvenile
10 Justice the Juvenile Justice Standards and Training
11 Commission, hereinafter referred to as the commission. The
12 17-member commission shall consist of the Attorney General or
13 designee, the Commissioner of Education or designee, a member
14 of the juvenile court judiciary to be appointed by the Chief
15 Justice of the Supreme Court, and 14 members to be appointed
16 by the Secretary of Juvenile Justice as follows:
17 1. Seven members shall be juvenile justice
18 professionals: a superintendent or a direct care staff member
19 from an institution; a director from a contracted
20 community-based program; a superintendent and a direct care
21 staff member from a regional detention center or facility; a
22 juvenile probation officer or a supervisor of juvenile
23 probation officers community control counselor; and a director
24 of a day treatment or aftercare program. No fewer than three
25 of these members shall be contract providers.
26 2. Two members shall be representatives of local law
27 enforcement agencies.
28 3. One member shall be an educator from the state's
29 university and community college program of criminology,
30 criminal justice administration, social work, psychology,
31
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1 sociology, or other field of study pertinent to the training
2 of juvenile justice program staff.
3 4. One member shall be a member of the public.
4 5. One member shall be a state attorney, or assistant
5 state attorney, who has juvenile court experience.
6 6. One member shall be a public defender, or assistant
7 public defender, who has juvenile court experience.
8 7. One member shall be a representative of the
9 business community.
10
11 All appointed members shall be appointed to serve terms of 2
12 years.
13 Section 22. Subsection (1) of section 985.412, Florida
14 Statutes, is amended to read:
15 985.412 Quality assurance.--
16 (1)(a) It is the intent of the Legislature to:
17 1. Ensure that information be provided to
18 decisionmakers so that resources are allocated to programs of
19 the department which achieve desired performance levels.
20 2. Provide information about the cost of such programs
21 and their differential effectiveness so that the quality of
22 such programs can be compared and improvements made
23 continually.
24 3. Provide information to aid in developing related
25 policy issues and concerns.
26 4. Provide information to the public about the
27 effectiveness of such programs in meeting established goals
28 and objectives.
29 5. Provide a basis for a system of accountability so
30 that each client is afforded the best programs to meet his or
31 her needs.
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1 6. Improve service delivery to clients.
2 7. Modify or eliminate activities that are not
3 effective.
4 (b) As used in this subsection, the term:
5 1. "Client" means any person who is being provided
6 treatment or services by the department or by a provider under
7 contract with the department.
8 2. "Program component" means an aggregation of
9 generally related objectives which, because of their special
10 character, related workload, and interrelated output, can
11 logically be considered an entity for purposes of
12 organization, management, accounting, reporting, and
13 budgeting.
14 3. "Program effectiveness" means the ability of the
15 program to achieve desired client outcomes, goals, and
16 objectives.
17 (c) The department shall:
18 1. Establish a comprehensive quality assurance system
19 for each program operated by the department or operated by a
20 provider under contract with the department. Each contract
21 entered into by the department must provide for quality
22 assurance.
23 2. Provide operational definitions of and criteria for
24 quality assurance for each specific program component.
25 3. Establish quality assurance goals and objectives
26 for each specific program component.
27 4. Establish the information and specific data
28 elements required for the quality assurance program.
29 5. Develop a quality assurance manual of specific,
30 standardized terminology and procedures to be followed by each
31 program.
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1 6. Evaluate each program operated by a provider under
2 a contract with the department and establish minimum
3 thresholds for each program component. If a provider fails to
4 meet the established minimum thresholds, such failure shall
5 cause the department to cancel the provider's contract unless
6 the provider achieves compliance with minimum thresholds
7 within 6 months or unless there are documented extenuating
8 circumstances. In addition, the department may not contract
9 with the same provider for the canceled service for a period
10 of 12 months.
11
12 The department shall submit an annual report to the President
13 of the Senate, the Speaker of the House of Representatives,
14 the Minority Leader of each house of the Legislature, the
15 appropriate substantive and fiscal committees of each house of
16 the Legislature, and the Governor, no later than February 1 of
17 each year. The annual report must contain, at a minimum, for
18 each specific program component: a comprehensive description
19 of the population served by the program; a specific
20 description of the services provided by the program; cost; a
21 comparison of expenditures to federal and state funding;
22 immediate and long-range concerns; and recommendations to
23 maintain, expand, improve, modify, or eliminate each program
24 component so that changes in services lead to enhancement in
25 program quality. The department's inspector general shall
26 ensure the reliability and validity of the information
27 contained in the report.
28 Section 23. Paragraph (b) of subsection (3) of section
29 985.413, Florida Statutes, is amended to read:
30 985.413 District juvenile justice boards.--
31 (3) DISTRICT JUVENILE JUSTICE BOARDS.--
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1 (b)1.
2 a. The authority to appoint members to district
3 juvenile justice boards, and the size of each board, is as
4 follows:
5 (I) District 1 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: Escambia County, 6
8 members; Okaloosa County, 3 members; Santa Rosa County, 2
9 members; and Walton County, 1 member.
10 (II) District 2 is to have a board composed of 18
11 members, to be appointed by the juvenile justice councils in
12 the respective counties, as follows: Holmes County, 1 member;
13 Washington County, 1 member; Bay County, 2 members; Jackson
14 County, 1 member; Calhoun County, 1 member; Gulf County, 1
15 member; Gadsden County, 1 member; Franklin County, 1 member;
16 Liberty County, 1 member; Leon County, 4 members; Wakulla
17 County, 1 member; Jefferson County, 1 member; Madison County,
18 1 member; and Taylor County, 1 member.
19 (III) District 3 is to have a board composed of 15
20 members, to be appointed by the juvenile justice councils of
21 the respective counties, as follows: Hamilton County, 1
22 member; Suwannee County, 1 member; Lafayette County, 1 member;
23 Dixie County, 1 member; Columbia County, 1 member; Gilchrist
24 County, 1 member; Levy County, 1 member; Union County, 1
25 member; Bradford County, 1 member; Putnam County, 1 member;
26 and Alachua County, 5 members.
27 (IV) District 4 is to have a board composed of 12
28 members, to be appointed by the juvenile justice councils of
29 the respective counties, as follows: Baker County, 1 member;
30 Nassau County, 1 member; Duval County, 7 members; Clay County,
31 2 members; and St. Johns County, 1 member.
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1 (V) District 5 is to have a board composed of 12
2 members, to be appointed by the juvenile justice councils of
3 the respective counties, as follows: Pasco County, 3 members;
4 and Pinellas County, 9 members.
5 (VI) District 6 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: Hillsborough County, 9
8 members; and Manatee County, 3 members.
9 (VII) District 7 is to have a board composed of 12
10 members, to be appointed by the juvenile justice councils of
11 the respective counties, as follows: Seminole County, 3
12 members; Orange County, 5 members; Osceola County, 1 member;
13 and Brevard County, 3 members.
14 (VIII) District 8 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: Sarasota County, 3
17 members; DeSoto County, 1 member; Charlotte County, 1 member;
18 Lee County, 3 members; Glades County, 1 member; Hendry County,
19 1 member; and Collier County, 2 members.
20 (IX) District 9 is to have a board composed of 12
21 members, to be appointed by the juvenile justice council of
22 Palm Beach County.
23 (X) District 10 is to have a board composed of 12
24 members, to be appointed by the juvenile justice council of
25 Broward County.
26 (XI) District 11 is to have a juvenile justice board
27 composed of 12 members to be appointed by the juvenile justice
28 council in the respective counties, as follows: Dade County,
29 6 members and Monroe County, 6 members.
30 (XII) District 12 is to have a board composed of 12
31 members, to be appointed by the juvenile justice council of
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1 the respective counties, as follows: Flagler County, 3
2 members; and Volusia County, 9 members.
3 (XIII) District 13 is to have a board composed of 12
4 members, to be appointed by the juvenile justice councils of
5 the respective counties, as follows: Marion County, 4 members;
6 Citrus County, 2 members; Hernando County, 2 members; Sumter
7 County, 1 member; and Lake County, 3 members.
8 (XIV) District 14 is to have a board composed of 12
9 members, to be appointed by the juvenile justice councils of
10 the respective counties, as follows: Polk County, 9 members;
11 Highlands County, 2 members; and Hardee County, 1 member.
12 (XV) District 15 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: Indian River County, 3
15 members; Okeechobee County, 1 member; St. Lucie County, 5
16 members; and Martin County, 3 members.
17
18 The district health and human services board in each district
19 may appoint one of its members to serve as an ex officio
20 member of the district juvenile justice board established
21 under this sub-subparagraph.
22 b. In any judicial circuit where a juvenile
23 delinquency and gang prevention council exists on the date
24 this act becomes law, and where the circuit and district or
25 subdistrict boundaries are identical, such council shall
26 become the district juvenile justice board, and shall
27 thereafter have the purposes and exercise the authority and
28 responsibilities provided in this section.
29 2. At any time after the adoption of initial bylaws
30 pursuant to paragraph (c), a district juvenile justice board
31 may adopt a bylaw to enlarge the size, by no more than three
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1 members, and composition of the board to adequately reflect
2 the diversity of the population and community organizations in
3 the district.
4 3. All appointments shall be for 2-year terms.
5 Appointments to fill vacancies created by death, resignation,
6 or removal of a member are for the unexpired term. A member
7 may not serve more than three two full consecutive terms;
8 however, this limitation does not apply in any district in
9 which a juvenile delinquency and gang prevention council that
10 existed on May 7, 1993, became the district juvenile justice
11 board.
12 4. A member who is absent for three meetings within
13 any 12-month period, without having been excused by the chair,
14 is deemed to have resigned, and the board shall immediately
15 declare the seat vacant. Members may be suspended or removed
16 for cause by a majority vote of the board members or by the
17 Governor.
18 5. Members are subject to the provisions of chapter
19 112, part III, Code of Ethics for Public Officers and
20 Employees.
21 Section 24. Subsection (2) of section 985.414, Florida
22 Statutes, is amended to read:
23 985.414 County juvenile justice councils.--
24 (2)(a) The purpose of a county juvenile justice
25 council is to provide a forum for the development of a
26 community-based interagency assessment of the local juvenile
27 justice system, to develop a county juvenile justice plan for
28 more effectively preventing juvenile delinquency, and to make
29 recommendations for more effectively utilizing existing
30 community resources in dealing with juveniles who are truant
31 or have been suspended or expelled from school, or who are
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1 found to be involved in crime. The county juvenile justice
2 plan shall include relevant portions of local crime prevention
3 and public safety plans, school improvement and school safety
4 plans, and the plans or initiatives of other public and
5 private entities within the county that are concerned with
6 dropout prevention, school safety, the prevention of juvenile
7 crime and criminal activity by youth gangs, and alternatives
8 to suspension, expulsion, and detention for children found in
9 contempt of court.
10 (b) The duties and responsibilities of a county
11 juvenile justice council include, but are not limited to:
12 1. Developing a county juvenile justice plan based
13 upon utilization of the resources of law enforcement, the
14 school system, the Department of Juvenile Justice, the
15 Department of Children and Family Services, and others in a
16 cooperative and collaborative manner to prevent or discourage
17 juvenile crime and develop meaningful alternatives to school
18 suspensions and expulsions.
19 2. Entering into a written county interagency
20 agreement specifying the nature and extent of contributions
21 each signatory agency will make in achieving the goals of the
22 county juvenile justice plan and their commitment to the
23 sharing of information useful in carrying out the goals of the
24 interagency agreement to the extent authorized by law. The
25 interagency agreement must include at least the following
26 participants: the local school authorities, local law
27 enforcement agencies, the public defenders, state attorneys,
28 and local representatives of the Department of Juvenile
29 Justice and the Department of Children and Family Services.
30 The agreement must specify how community entities will
31
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1 cooperate, collaborate, and share information in furthering
2 the goals of the district and county juvenile justice plan.
3 3. Applying for and receiving public or private
4 grants, to be administered by one of the community partners,
5 that support one or more components of the county juvenile
6 justice plan.
7 4. Designating the county representatives to the
8 district juvenile justice board pursuant to s. 985.413.
9 5. Providing a forum for the presentation of
10 interagency recommendations and the resolution of
11 disagreements relating to the contents of the county
12 interagency agreement or the performance by the parties of
13 their respective obligations under the agreement.
14 6. Assisting and directing the efforts of local
15 community support organizations and volunteer groups in
16 providing enrichment programs and other support services for
17 clients of local juvenile detention centers.
18 7. Providing an annual report and recommendations to
19 the district juvenile justice board, the Juvenile Justice
20 Advisory Board, and the district juvenile justice manager.
21 Section 25. Subsection (1) of section 985.415, Florida
22 Statutes, is amended to read:
23 985.415 Community Juvenile Justice Partnership
24 Grants.--
25 (1) GRANTS; CRITERIA.--
26 (a) In order to encourage the development of county
27 and district juvenile justice plans, as specified in ss.
28 985.413 and 985.414, and the development and implementation of
29 county and district interagency agreements among
30 representatives of the Department of Juvenile Justice, the
31 Department of Children and Family Services, law enforcement,
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1 and school authorities, the community juvenile justice
2 partnership grant program is established, which program shall
3 be administered by the Department of Juvenile Justice.
4 (b) The department shall only consider applications
5 that which at a minimum provide for the following:
6 1. The participation of the agencies or programs that
7 are needed to implement the project or program for which the
8 applicant is applying local school authorities, local law
9 enforcement, and local representatives of the Department of
10 Juvenile Justice and the Department of Children and Family
11 Services pursuant to a written interagency partnership
12 agreement. Such agreement must specify how community entities
13 will cooperate, collaborate, and share information in
14 furtherance of the goals of the district and county juvenile
15 justice plan; and
16 2. The reduction of truancy and in-school and
17 out-of-school suspensions and expulsions, and the enhancement
18 of school safety.
19 (c) In addition, the department may consider the
20 following criteria in awarding grants:
21 1. The district juvenile justice plan and any county
22 juvenile justice plans that are referred to or incorporated
23 into the district plan, including a list of individuals,
24 groups, and public and private entities that participated in
25 the development of the plan.
26 2. The diversity of community entities participating
27 in the development of the district juvenile justice plan.
28 3. The number of community partners who will be
29 actively involved in the operation of the grant program.
30 4. The number of students or youths to be served by
31 the grant and the criteria by which they will be selected.
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1 5. The criteria by which the grant program will be
2 evaluated and, if deemed successful, the feasibility of
3 implementation in other communities.
4 Section 26. This act shall take effect July 1, 1998,
5 except that this section and section 16 of this act shall take
6 effect upon becoming a law.
7
8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 CS/SB 2288
10
11 Adds the state attorney to the group responsible for working
with the Department of Juvenile Justice to establish a
12 juvenile assessment center.
13 Requires that the county juvenile justice council include the
state attorney in the development of the written interagency
14 agreement for achieving the goals of the county juvenile
justice plan.
15
Includes provisions amending s. 985.223, F.S., regarding
16 incompetency to proceed, specifying procedures such as:
17 - Sending court notices of incompetency proceedings to the
Department of Juvenile Justice, the Department of
18 Children and Family Services, the child's attorney, and
the state attorney.
19
- Preparing and submitting to the court within 30 days
20 after placement a written treatment plan for the child's
restoration of competency with copies to the child's
21 attorney, the state attorney, and attorneys representing
the Department of Juvenile Justice.
22
- Prohibiting commitment for restoration-of-competency
23 treatment or training services of a child who has
committed a delinquent act or violation of law which
24 would be a misdemeanor if committed by an adult.
25 - Requiring that the Department of Children and Family
Services prepare a discharge plan prior to a court
26 hearing for a child whom a provider reports will never
become competent to proceed to juvenile justice.
27
28
29
30
31
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