Senate Bill 0334e1

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







    CS for SB 334                                  First Engrossed



  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         985.401, F.S.; requiring the Juvenile Justice

10         Advisory Board to develop a standard

11         methodology for interpreting outcome-evaluation

12         reports; specifying information to be included;

13         requiring the board to consult with other

14         agencies, providers, and interested parties;

15         requiring the board to report to the

16         Legislature; amending s. 985.404, F.S.;

17         requiring the Department of Juvenile Justice

18         and other agencies to develop a

19         cost-effectiveness model for each commitment

20         program; requiring the department to rank

21         programs and report to the Legislature;

22         authorizing the department to terminate a

23         program that fails to achieve a minimum

24         threshold of effectiveness; requiring that the

25         cost-effectiveness model be consistent with

26         certain requirements for performance-based

27         budgeting; requiring the department to conduct

28         certain evaluations of commitment programs and

29         identify the factors that contribute to various

30         program ratings; providing appropriations;

31         providing an effective date.


                                  1

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






    CS for SB 334                                  First Engrossed



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

  2

  3         Section 1.  Subsection (8) is added to section 943.053,

  4  Florida Statutes, to read:

  5         943.053  Dissemination of criminal justice information;

  6  fees.--

  7         (8)  Notwithstanding s. 943.0525 or any user agreement

  8  adopted under s. 943.0525, and notwithstanding the

  9  confidentiality of sealed records provided in s. 943.059, the

10  Department of Juvenile Justice and any other state or local

11  criminal justice agency may provide a copy of the criminal

12  history records of a juvenile offender currently or formerly

13  detained or housed in a contracted juvenile assessment center

14  or detention facility, or treated through a treatment program,

15  or the criminal history records of an employee or other

16  individual who has access to a contracted juvenile assessment

17  center, detention facility, or treatment program, only to an

18  entity under direct contract with the Department of Juvenile

19  Justice to operate a juvenile assessment center, detention

20  facility, or treatment program. The criminal justice agency

21  may assess a charge for providing the records as provided in

22  chapter 119. A sealed record received by a private entity

23  under this subsection remains confidential and exempt from s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution.

25  Information provided under this subsection may be used only

26  for the criminal justice purpose for which it was requested

27  and may not be further disseminated.

28         Section 2.  Present subsection (4) of section 985.401,

29  Florida Statutes, is renumbered as subsection (5) and amended,

30  a new subsection (4) is added to that section, and present

31  subsection (5) is renumbered as subsection (6), to read:


                                  2

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






    CS for SB 334                                  First Engrossed



  1         985.401  Juvenile Justice Advisory Board.--

  2         (4)(a)  The board shall establish and operate a

  3  comprehensive system to annually measure and report program

  4  outcomes and effectiveness for each program operated by the

  5  Department of Juvenile Justice or operated by a provider under

  6  contract with the department. The system shall include a

  7  standard methodology for interpreting the board's

  8  outcome-evaluation reports, using, where appropriate, the

  9  performance-based program budgeting measures approved by the

10  Legislature. The methodology must include:

11         1.  Common terminology and operational definitions for

12  measuring the performance of system administration, program

13  administration, program outputs, and client outcomes.

14         2.  Program outputs for each group of programs within

15  each level of the juvenile justice continuum and specific

16  program outputs for each program or program type.

17         3.  Specification of desired client outcomes and

18  methods by which to measure client outcomes for each program

19  operated by the department or by a provider under contract

20  with the department.

21         4.  Recommended annual minimum thresholds of

22  satisfactory performance for client outcomes and program

23  outputs.

24

25  For the purposes of this section, the term "program" or

26  "program type" means an individual state-operated or

27  contracted facility, site, or service delivered to at-risk or

28  delinquent youth as prescribed in a contract, program

29  description, or program services manual; and the term "program

30  group" means a collection of programs or program types with

31  sufficient similarity of function, services, and clientele to


                                  3

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






    CS for SB 334                                  First Engrossed



  1  permit appropriate comparisons among programs within the

  2  program group.

  3         (b)  In developing the standard methodology, the board

  4  shall consult with the department, the Division of Economic

  5  and Demographic Research, contract service providers, and

  6  other interested parties. It is the intent of the Legislature

  7  that this effort result in consensus recommendations, and, to

  8  the greatest extent possible, integrate the goals and

  9  legislatively approved measures of performance-based program

10  budgeting provided in chapter 94-249, Laws of Florida, the

11  quality assurance program provided in s. 985.412, and the

12  cost-effectiveness model provided in s. 985.404(11). The board

13  shall notify the Office of Program Policy Analysis and

14  Government Accountability of any meetings to develop the

15  methodology.

16         (c)  The board shall annually submit its Outcome

17  Evaluation Report to the Legislature by February 15, which

18  must describe:

19         1.  The methodology for interpreting outcome

20  evaluations, including common terminology and operational

21  definitions.

22         2.  The recommended minimum thresholds of satisfactory

23  performance for client outcomes and program outputs applicable

24  to the year for which the data are reported.

25         3.  The actual client outcomes and program outputs

26  achieved by each program operated by the department or by a

27  provider under contract with the department, compared with the

28  recommended minimum thresholds of satisfactory performance for

29  client outcomes and program outputs for the year under review.

30  The report shall group programs or program types with

31


                                  4

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






    CS for SB 334                                  First Engrossed



  1  similarity of function and services, and make appropriate

  2  comparisons between programs within the program group.

  3         (d)  The board shall use its evaluation research to

  4  make advisory recommendations to the Legislature, the

  5  Governor, and the department concerning the effectiveness and

  6  future funding priorities of juvenile justice programs.

  7         (e)  The board shall annually review and revise the

  8  methodology as necessary to ensure the continuing improvement

  9  and validity of the evaluation process.

10         (5)(4)  The board shall:

11         (a)  Review and recommend programmatic and fiscal

12  policies governing the operation of programs, services, and

13  facilities for which the Department of Juvenile Justice is

14  responsible.

15         (b)  Monitor the development and implementation of

16  long-range juvenile justice policies, including prevention,

17  early intervention, diversion, adjudication, and commitment.

18         (c)  Monitor all activities of the executive and

19  judicial branch and their effectiveness in implementing

20  policies pursuant to this chapter.

21         (d)  Establish and operate a comprehensive system to

22  annually measure and report program outcome and effectiveness

23  for each program operated by the Department of Juvenile

24  Justice or operated by a provider under contract with the

25  department. The board shall use its evaluation research to

26  make advisory recommendations to the Legislature, the

27  Governor, and the department concerning the effectiveness and

28  future funding priorities of juvenile justice programs.

29         (d)(e)  Advise the President of the Senate, the Speaker

30  of the House of Representatives, the Governor, and the

31  department on matters relating to this chapter.


                                  5

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






    CS for SB 334                                  First Engrossed



  1         (e)(f)  Serve as a clearinghouse to provide information

  2  and assistance to the district juvenile justice boards and

  3  county juvenile justice councils.

  4         (f)(g)  Hold public hearings and inform the public of

  5  activities of the board and of the Department of Juvenile

  6  Justice, as appropriate.

  7         (g)(h)  Monitor the delivery and use of services,

  8  programs, or facilities operated, funded, regulated, or

  9  licensed by the Department of Juvenile Justice for juvenile

10  offenders or alleged juvenile offenders, and for prevention,

11  diversion, or early intervention of delinquency, and to

12  develop programs to educate the citizenry about such services,

13  programs, and facilities and about the need and procedure for

14  siting new facilities.

15         (h)(i)  Contract for consultants as necessary and

16  appropriate. The board may apply for and receive grants for

17  the purposes of conducting research and evaluation activities.

18         (i)(j)  Conduct such other activities as the board may

19  determine are necessary and appropriate to monitor the

20  effectiveness of the delivery of juvenile justice programs and

21  services under this chapter.

22         (j)(k)  The board shall submit an annual report to the

23  President of the Senate, the Speaker of the House of

24  Representatives, the Governor, and the secretary of the

25  department not later than February 15 of each calendar year,

26  summarizing the activities and reports of the board for the

27  preceding year, and any recommendations of the board for the

28  following year.

29         (6)(5)  Each state agency shall provide assistance when

30  requested by the board.  The board shall have access to all

31  records, files, and reports that are material to its duties


                                  6

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






    CS for SB 334                                  First Engrossed



  1  and that are in the custody of a school board, a law

  2  enforcement agency, a state attorney, a public defender, the

  3  court, the Department of Children and Family Services, and the

  4  department.

  5         Section 3.  Subsection (11) of section 985.404, Florida

  6  Statutes, is amended to read:

  7         985.404  Administering the juvenile justice

  8  continuum.--

  9         (11)(a)  The Department of Juvenile Justice, in

10  consultation with the Juvenile Justice Advisory Board, the

11  Economic and Demographic Research Division, and contract

12  service providers, shall develop a cost-effectiveness

13  cost-benefit model and apply the model to each commitment

14  program. Program recommitment rates shall be a component of

15  the model.  The cost-effectiveness cost-benefit model shall

16  compare program costs to client outcomes and program outputs

17  benefits.  A report ranking commitment programs based on

18  cost-benefit shall be submitted to the appropriate substantive

19  and appropriations committees of each house of the

20  Legislature, no later than December 31 of each year.  It is

21  the intent of the Legislature that continual development

22  efforts take place to improve the validity and reliability of

23  the cost-effectiveness cost-benefit model and to integrate the

24  standard methodology developed under s. 985.401(4) for

25  interpreting program outcome evaluations.

26         (b)  The department shall rank commitment programs

27  based on the cost-effectiveness model and shall submit a

28  report to the appropriate substantive and fiscal committees of

29  each house of the Legislature by December 31 of each year.

30         (c)  Based on reports of the Juvenile Justice Advisory

31  Board on client outcomes and program outputs and on the


                                  7

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






    CS for SB 334                                  First Engrossed



  1  department's most recent cost-effectiveness rankings, the

  2  department may terminate a program operated by the department

  3  or a provider if the program has failed to achieve a minimum

  4  threshold of program effectiveness. This paragraph does not

  5  preclude the department from terminating a contract as

  6  provided under s. 985.412 or as otherwise provided by law or

  7  contract, and does not limit the department's authority to

  8  enter into or terminate a contract.

  9         (d)  In collaboration with the Juvenile Justice

10  Advisory Board, the Division of Economic and Demographic

11  Research, and contract service providers, the department shall

12  develop a work plan to refine the cost-effectiveness model so

13  that the model is consistent with the performance-based

14  program budgeting measures approved by the Legislature to the

15  extent the department deems appropriate. The department shall

16  notify the Office of Program Policy Analysis and Government

17  Accountability of any meetings to refine the model.

18         (e)  Contingent upon specific appropriation, the

19  department, in consultation with the Juvenile Justice Advisory

20  Board, the Division of Economic and Demographic Research, and

21  contract service providers, shall:

22         1.  Construct a profile of each commitment program

23  which uses the results of the quality assurance report

24  required by s. 985.412, the outcome-evaluation report compiled

25  by the Juvenile Justice Advisory Board under s. 985.401, the

26  cost-effectiveness report required in this subsection, and

27  other reports available to the department.

28         2.  Target, for a more comprehensive evaluation, any

29  commitment program that has achieved consistently high, low,

30  or disparate ratings in the reports required under

31  subparagraph 1.


                                  8

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






    CS for SB 334                                  First Engrossed



  1         3.  Identify the essential factors that contribute to

  2  the high, low, or disparate program ratings.

  3         4.  Use the results of these evaluations in developing

  4  or refining juvenile justice programs or program models,

  5  client outcomes and program outputs, provider contracts,

  6  quality assurance standards, and the cost-effectiveness model.

  7         Section 4.  The sum of $100,000 is appropriated from

  8  the General Revenue Fund to the Department of Juvenile Justice

  9  for the purpose of funding a study by nondepartmental experts

10  in the area of using economic models to evaluate juvenile

11  justice commitment programs.

12         Section 5.  The sum of $355,128 is appropriated from

13  recurring funds in the General Revenue Fund to the Department

14  of Juvenile Justice for the purpose of funding the ongoing

15  evaluation of commitment programs as defined in section

16  985.404(11)(e), Florida Statutes. The Department of Juvenile

17  Justice shall design and implement a process to document the

18  factors that contribute to high or low program effectiveness.

19  This process shall include, but need not be limited to,

20  on-site reviews of records and interviews with staff, youth

21  served, and others as required by the circumstances and intent

22  of the program. Analyses and findings must address, at a

23  minimum, program operations, implementation of policy, and the

24  management of finances, contracts, personnel, facilities,

25  equipment, and any other resources used in the delivery of the

26  programs' services. The department shall use the results of

27  this process to implement program improvements and terminate

28  ineffective programs.

29         Section 6.  This act shall take effect July 1, 1998.

30

31


                                  9