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House Bill 0787

Florida House of Representatives - 1997 HB 787 By Representative Putnam 1 A bill to be entitled 2 An act relating to the Department of Juvenile 3 Justice; amending s. 20.316, F.S.; requiring 4 the Secretary of Juvenile Justice to appoint an 5 inspector general; providing duties of the 6 Office of Inspector General; providing for the 7 Office of Inspector General to have 8 unrestricted access to employees and to 9 records, documents, and other materials that 10 relate to programs operated by the department 11 or operated by a private entity, county or 12 municipal government, or law enforcement agency 13 under a contract with the department; 14 authorizing the department to cancel the 15 contract of an entity that fails to timely 16 provide information upon request; authorizing 17 the inspector general to administer oaths and 18 issue affidavits; authorizing the inspector 19 general to investigate complaints; specifying 20 circumstances under which an employee of the 21 department, or an employee of a provider under 22 contract with the department, may apply 23 physical force upon a juvenile offender; 24 requiring the Juvenile Justice Standards and 25 Training Commission to teach methods of 26 applying authorized physical force; requiring 27 that a health care provider examine persons 28 involved in an incident in which physical force 29 was used; requiring a report; requiring a 30 physician to examine any noticeable physical 31 injury; requiring an employee who applies 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 physical force, or who makes a decision to 2 apply physical force, to prepare a report; 3 providing for review of such report by the 4 superintendent or program director; requiring 5 that the report be forwarded to the district 6 juvenile justice manager and the inspector 7 general; providing requirements for maintaining 8 reports on the use of physical force; defining 9 the term "sexual misconduct"; providing that it 10 is a second-degree felony for an employee to 11 engage in sexual misconduct with a juvenile 12 offender detained or supervised by the 13 department; providing certain exceptions; 14 prohibiting the employment of any person who 15 has engaged in sexual misconduct with a 16 juvenile offender; requiring an employee who 17 witnesses unlawful abuse or sexual misconduct, 18 or who has reason to suspect that unlawful 19 abuse or sexual misconduct has been committed, 20 to report such incident to the inspector 21 general, facility superintendent, and district 22 juvenile justice manager; providing that it is 23 a first-degree misdemeanor to fail to make a 24 report as required or to submit inaccurate or 25 untruthful information; providing that it is a 26 third-degree felony to coerce or threaten 27 another person to alter testimony or a report 28 with respect to an incident of force or sexual 29 misconduct; prohibiting the introduction, 30 removal, or possession of contraband articles 31 on the grounds of a juvenile detention facility 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 or other commitment program; specifying 2 articles that are contraband; providing 3 penalties; providing an effective date. 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. Subsection (7) is added to section 20.316, 8 Florida Statutes, 1996 Supplement, to read: 9 20.316 Department of Juvenile Justice.--There is 10 created a Department of Juvenile Justice. 11 (7) OFFICE OF INSPECTOR GENERAL.-- 12 (a) The secretary shall appoint an inspector general 13 as provided in s. 20.055. The Office of Inspector General 14 shall: 15 1. Conduct internal investigations of all departmental 16 entities, including any program operated by the department or 17 operated under a contract with a private entity, county or 18 municipal government, or law enforcement agency. 19 2. Conduct financial and compliance audits of all 20 departmental entities, including any program operated by the 21 department or operated under a contract with a private entity, 22 county or municipal government, or law enforcement agency. 23 3. Audit electronic data processing. 24 4. Conduct background screening of employees, or 25 prospective employees, in accordance with ss. 39.001 and 26 39.076. 27 5. Operate the department's hotline for reporting 28 incidents. 29 (b) In carrying out the duties specified in this 30 subsection and s. 20.055, the Office of Inspector General 31 shall have unrestricted access to all employees, and to all 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 records, files, reports, audits, reviews, documents, papers, 2 recommendations, and other materials that relate to the 3 administration of juvenile justice programs operated by the 4 department or operated under a contract with a private entity, 5 county or municipal government, or law enforcement agency. The 6 department may cancel the contract of an entity that fails to 7 provide requested information or documentation in a timely 8 manner. 9 (c) The inspector general, or a person designated by 10 the inspector general, may administer oaths or affirmations 11 and issue affidavits in performing the functions assigned to 12 the inspector general in order to obtain documents or 13 information from an employee of a private entity, county or 14 municipal government, or law enforcement agency under contract 15 with the department. 16 (d) The inspector general may receive and investigate 17 any complaint or information by an employee of the department, 18 or an employee of an entity under contract with the 19 department, which concerns the possible existence of an 20 activity that constitutes a violation of law or rules, 21 mismanagement, a gross waste of funds, abuse of authority, or 22 a substantial and specific danger to public health and safety. 23 Section 2. Authorized use of force; sexual misconduct 24 prohibited; reporting required; penalties.-- 25 (1)(a) An employee of the Department of Juvenile 26 Justice, or an employee of a provider under contract with the 27 department, may apply physical force upon a juvenile offender 28 only when and to the extent that it reasonably appears 29 necessary to: 30 1. Defend himself, herself, or another against 31 imminent use of unlawful force. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 2. Prevent a juvenile offender from escaping from a 2 juvenile detention facility or other residential commitment 3 program, as described in section 39.01, Florida Statutes, if 4 the employee reasonably believes that the juvenile offender is 5 lawfully detained. 6 3. Prevent damage to property. 7 4. Quell a disturbance or riot. 8 5. Overcome physical resistance to a lawful command. 9 6. Administer medical treatment. However, medical 10 treatment may only be administered by, or under the 11 supervision of, a physician or his or her designee, and only 12 if treatment is: 13 a. Necessary to protect the health or safety of other 14 persons, as in the case of a contagious or venereal disease. 15 b. Offered in satisfaction of a duty to protect the 16 juvenile offender against self-inflicted injury or death. 17 18 As part of the juvenile justice training program, the Juvenile 19 Justice Standards and Training Commission shall develop a 20 course specifically designed to explain the parameters of this 21 paragraph and teach the proper methods and techniques of 22 applying authorized physical force upon a juvenile offender. 23 (b) Following any use of physical force, a qualified 24 health care provider shall examine any person physically 25 involved in the incident to determine the extent of injury, if 26 any, and shall prepare a report that must include, but need 27 not be limited to, a statement of whether further examination 28 by a physician is necessary. A physician shall examine any 29 noticeable physical injury and prepare a report that documents 30 the extent and probable cause of the injury and the treatment 31 prescribed. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 (2) An employee of the Department of Juvenile Justice, 2 or an employee of a provider under contract with the 3 department, who applies physical force upon a juvenile 4 offender, or who makes a decision to apply such physical 5 force, shall prepare, date, and sign an independent report 6 within 24 hours after the incident occurs. The report must be 7 delivered to the superintendent or program director, who shall 8 conduct an inquiry and approve or disapprove the force used. 9 The employee's report, together with the superintendent's or 10 program director's written approval or disapproval of the 11 force used and the reasons therefor, shall be forwarded within 12 48 hours after the date of the completion of the inquiry to 13 the district juvenile justice manager and the department's 14 inspector general. The district juvenile justice manager 15 shall, in writing, approve or disapprove the evaluation by the 16 superintendent or program director and forward a copy of the 17 approval or disapproval to the inspector general. Copies of 18 the employee's report, the evaluation by the superintendent or 19 program director, and the review by the district juvenile 20 justice manager shall be kept in the file of the juvenile 21 offender. The superintendent or program director shall 22 maintain for 3 years a separate file on all reports of the use 23 of force. 24 (3) Unless specifically provided in this section, the 25 reports and timeframes for filing reports required by this 26 section are subject to department policy. 27 (4)(a)1. As used in this subsection, the term: 28 a. "Sexual misconduct" means fondling the genital 29 area, groin, inner thighs, buttocks, or breasts of a person; 30 the oral, anal, or vaginal penetration by or union with the 31 sexual organ of another; or the anal or vaginal penetration of 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 another by any other object. The term does not include an act 2 done for a bona fide medical purpose or an internal search 3 conducted in the lawful performance of duty by an employee of 4 the department or an employee of a provider under contract 5 with the department. 6 b. "Employee" includes paid staff members, volunteers, 7 and interns who work in a department program or a program 8 operated by a provider under a contract. 9 2. An employee who engages in sexual misconduct with a 10 juvenile offender detained or supervised by, or committed to 11 the custody of, the department, commits a felony of the second 12 degree, punishable as provided in section 775.082, section 13 775.083, or section 775.084, Florida Statutes. An employee may 14 be found guilty of violating this subsection without having 15 committed the crime of sexual battery. 16 3. The consent of the juvenile offender to any act of 17 sexual misconduct is not a defense to prosecution under this 18 subsection. 19 4. This subsection does not apply to an employee of 20 the department, or an employee of a provider under contract 21 with the department, who: 22 a. Is legally married to a juvenile offender who is 23 detained or supervised by, or committed to the custody of, the 24 department. 25 b. Has no reason to believe that the person with whom 26 the employee engaged in sexual misconduct is a juvenile 27 offender detained or supervised by, or committed to the 28 custody of, the department. 29 (b) Notwithstanding prosecution, any violation of this 30 subsection, as determined by the Public Employees Relations 31 Commission, constitutes sufficient cause under section 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 110.227, Florida Statutes, for dismissal from employment with 2 the department, and such person may not again be employed in 3 any capacity in connection with the juvenile justice system. 4 (5) An employee of the department, or an employee of a 5 provider under contract with the department, who witnesses 6 unlawful abuse or sexual misconduct committed against a 7 juvenile offender, or who has reasonable cause to suspect that 8 unlawful abuse or sexual misconduct has been committed against 9 a juvenile offender, shall immediately report the incident to 10 the department's incident hotline, and prepare, date, and sign 11 an independent report that specifically describes the nature 12 of the abuse or sexual misconduct, the location and time of 13 the incident, and the persons involved. The employee shall 14 deliver the report to the department's inspector general and 15 provide copies of the report to the superintendent or program 16 director and the district juvenile justice manager. The 17 inspector general shall immediately conduct an appropriate 18 administrative investigation, and, if there is probable cause 19 to believe that a violation of subsection (1) or subsection 20 (4) has occurred, the inspector general shall notify the state 21 attorney in the circuit in which the incident occurred. 22 (6)(a) Any person who is required to prepare a report 23 under this section and who knowingly or willfully fails to do 24 so, or who knowingly or willfully prevents another person from 25 doing so, commits a misdemeanor of the first degree, 26 punishable as provided in section 775.082 or section 775.083, 27 Florida Statutes. 28 (b) Any person who knowingly or willfully submits 29 inaccurate, incomplete, or untruthful information with respect 30 to a report required under this section, commits a misdemeanor 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 of the first degree, punishable as provided in section 775.082 2 or section 775.083, Florida Statutes. 3 (c) Any person who knowingly or willfully coerces or 4 threatens any other person with the intent to alter testimony 5 or a written report regarding an incident where force was used 6 or an incident of sexual misconduct, commits a felony of the 7 third degree, punishable as provided in section 775.082, 8 section 775.083, or section 775.084, Florida Statutes. 9 Section 3. Introduction, removal, or possession of 10 certain articles unlawful; penalty.-- 11 (1)(a) Except through regular channels as authorized 12 by the facility superintendent, program director, or manager, 13 a person may not introduce into or upon the grounds of a 14 juvenile detention facility or other commitment program, or 15 take or send, or attempt to take or send, from a juvenile 16 detention facility or other commitment program, any of the 17 following articles, which are declared to be contraband under 18 this section: 19 1. Any article of food or clothing given or 20 transmitted, or intended to be given or transmitted, to any 21 juvenile offender in a juvenile detention facility or other 22 commitment program. 23 2. Any intoxicating beverage or any beverage that 24 causes or may cause an intoxicating effect. 25 3. Any controlled substance, as defined in section 26 893.02(4), Florida Statutes, or any prescription or 27 nonprescription drug that has a hypnotic, stimulating, or 28 depressing effect. 29 4. Any firearm or weapon of any kind or any explosive 30 substance. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 (b) A person may not transmit contraband to, cause 2 contraband to be transmitted to or received by, attempt to 3 transmit contraband to, or attempt to cause contraband to be 4 transmitted to or received by, a juvenile offender inside or 5 outside the grounds of a juvenile detention facility or other 6 commitment program, except through regular channels as 7 authorized by the facility superintendent, program director, 8 or manager. 9 (c) A juvenile offender or any person, while upon the 10 grounds of a juvenile detention facility or other commitment 11 program, may not be in actual or constructive possession of 12 any article or thing declared to be contraband under this 13 section, except as authorized by the facility superintendent, 14 program director, or manager. 15 (2) Any person who violates this section as it 16 pertains to an article of contraband described in subparagraph 17 (1)(a)1., commits a felony of the third degree, punishable as 18 provided in section 775.082, section 775.083, or section 19 775.084, Florida Statutes. In all other cases, a person who 20 violates this section commits a felony of the second degree, 21 punishable as provided in section 775.082, section 775.083, or 22 section 775.084, Florida Statutes. 23 Section 4. This act shall take effect October 1, 1997. 24 25 26 27 28 29 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 787 584-105-97 1 ***************************************** 2 SENATE SUMMARY 3 Creates the Office of Inspector General within the Department of Juvenile Justice. Provides for the 4 inspector general to have unrestricted access to employees and to records and other materials that relate 5 to juvenile justice programs operated by the department or operated under a contract with a private entity, 6 county or municipal government, or law enforcement agency. Authorizes the inspector general to investigate 7 complaints. Authorizes an employee of the department or of a provider to apply physical force upon a juvenile 8 offender under certain circumstances. Provides requirements for examinations and reports following the 9 use of physical force. Provides that it is a second-degree felony for an employee to engage in sexual 10 misconduct with a juvenile offender. Requires an employee who witnesses, or suspects the occurrence of, unlawful 11 abuse or sexual misconduct to report such incident. Provides penalties for failing to properly prepare 12 required reports or for submitting inaccurate information. Prohibits the introduction, removal, or 13 possession of contraband within a juvenile detention facility or other commitment program. Specifies the 14 articles that constitute contraband. Provides penalties for introducing, removing, or possessing contraband while 15 on the grounds of a juvenile detention facility or other commitment program. (See bill for details.) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11