Senate Bill 1310

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    Florida Senate - 1999                                  SB 1310

    By Senator Webster





    12-1512-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Juvenile Justice

  3         Accountability Board; repealing s. 985.401,

  4         F.S., relating to composition and powers and

  5         duties of the Juvenile Justice Accountability

  6         Board; abolishing the Juvenile Justice

  7         Accountability Board; transferring all

  8         obligations and assets of the board to the

  9         Department of Juvenile Justice; amending s.

10         20.316, F.S., relating to the Department of

11         Juvenile Justice; conforming provisions

12         relating to guidelines for the management

13         information system; removing reference to the

14         Juvenile Justice Advisory Board made obsolete

15         by the redesignation of the advisory board as

16         the Juvenile Justice Accountability Board

17         pursuant to s. 12, ch. 98-136, Laws of Florida;

18         amending s. 216.136, F.S., relating to

19         consensus estimating conferences; removing a

20         provision authorizing the Juvenile Justice

21         Estimating Conference to call upon staff of the

22         advisory board; amending s. 984.226, F.S.,

23         relating to the pilot program for a physically

24         secure facility; conforming provisions relating

25         to evaluation reports by the department or

26         advisory board; removing provisions that have

27         served their purpose; removing obsolete

28         references to the advisory board; amending s.

29         985.227, F.S., relating to prosecution of

30         juveniles as adults by direct filing of

31         information; conforming provisions relating to

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1         submission of direct-file policies and

  2         guidelines by the state attorneys; removing

  3         obsolete reference to the advisory board;

  4         amending s. 985.315, F.S., relating to

  5         vocational work training programs; conforming

  6         provisions relating to evaluation of juvenile

  7         work programs; removing a cross-reference;

  8         amending s. 985.317, F.S., relating to literacy

  9         programs for juvenile offenders; conforming

10         provisions relating to annual evaluations;

11         removing obsolete reference to the advisory

12         board; amending s. 985.414, F.S., relating to

13         county juvenile justice councils; conforming

14         provisions relating to annual reports; removing

15         obsolete reference to the advisory board;

16         amending s. 985.404, F.S., relating to the

17         administering of the juvenile justice

18         continuum; conforming provisions relating to

19         the cost-effectiveness model for commitment

20         programs; removing obsolete references to the

21         advisory board and conforming a

22         cross-reference; amending s. 985.413, F.S.,

23         relating to district juvenile justice boards;

24         conforming provisions relating to annual

25         reports; removing obsolete reference to the

26         advisory board; providing an effective date.

27

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

29

30         Section 1.  Notwithstanding any other provision of law,

31  the Juvenile Justice Accountability Board is abolished, and

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1  section 985.401, Florida Statutes, 1998 Supplement, is

  2  repealed.

  3         Section 2.  All obligations and assets of the Juvenile

  4  Justice Accountability Board, including any equipment and

  5  unexpended balances of appropriations, are transferred to the

  6  Department of Juvenile Justice.

  7         Section 3.  Paragraph (d) of subsection (6) of section

  8  20.316, Florida Statutes, 1998 Supplement, is amended to read:

  9         20.316  Department of Juvenile Justice.--There is

10  created a Department of Juvenile Justice.

11         (6)  INFORMATION SYSTEMS.--

12         (d)  The management information system shall, at a

13  minimum:

14         1.  Facilitate case management of juveniles referred to

15  or placed in the department's custody.

16         2.  Provide timely access to current data and computing

17  capacity to support the outcome evaluation activities as

18  provided by law of the Juvenile Justice Advisory Board as

19  provided in s. 985.401, legislative oversight, the Juvenile

20  Justice Estimating Conference, and other research.

21         3.  Provide automated support to the quality assurance

22  and program review functions.

23         4.  Provide automated support to the contract

24  management process.

25         5.  Provide automated support to the facility

26  operations management process.

27         6.  Provide automated administrative support to

28  increase efficiency, provide the capability of tracking

29  expenditures of funds by the department or contracted service

30  providers that are eligible for federal reimbursement, and

31  reduce forms and paperwork.

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1         7.  Facilitate connectivity, access, and utilization of

  2  information among various state agencies, and other state,

  3  federal, local, and private agencies, organizations, and

  4  institutions.

  5         8.  Provide electronic public access to juvenile

  6  justice information, which is not otherwise made confidential

  7  by law or exempt from the provisions of s. 119.07(1).

  8         9.  Provide a system for the training of information

  9  system users and user groups.

10         Section 4.  Paragraph (b) of subsection (9) of section

11  216.136, Florida Statutes, 1998 Supplement, is amended to

12  read:

13         216.136  Consensus estimating conferences; duties and

14  principals.--

15         (9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

16         (b)  Principals.--The Executive Office of the Governor,

17  the Office of Economic and Demographic Research, and

18  professional staff who have forecasting expertise from the

19  Department of Juvenile Justice, the Department of Health and

20  Rehabilitative Services Alcohol, Drug Abuse, and Mental Health

21  Program Office, the Department of Law Enforcement, the Senate

22  Appropriations Committee staff, the House of Representatives

23  Appropriations Committee staff, or their designees, are the

24  principals of the Juvenile Justice Estimating Conference. The

25  responsibility of presiding over sessions of the conference

26  shall be rotated among the principals. To facilitate policy

27  and legislative recommendations, the conference may call upon

28  professional staff of the Juvenile Justice Advisory Board and

29  appropriate legislative staff.

30         Section 5.  Subsection (6) of section 984.226, Florida

31  Statutes, 1998 Supplement, is amended to read:

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1         984.226  Pilot program for a physically secure

  2  facility; contempt of court.--

  3         (6)  The Juvenile Justice Advisory Board shall monitor

  4  the operation of the pilot program and issue a preliminary

  5  evaluation report to the Legislature by December 1, 1998. The

  6  Department of Juvenile Justice and the Juvenile Justice

  7  Advisory Board shall issue a joint final report to the

  8  Legislature, including any proposed legislation, by December

  9  1, 1999.

10         Section 6.  Subsection (4) of section 985.227, Florida

11  Statutes, is amended to read:

12         985.227  Prosecution of juveniles as adults by the

13  direct filing of an information in the criminal division of

14  the circuit court; discretionary criteria; mandatory

15  criteria.--

16         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

17  attorney shall develop and annually update written policies

18  and guidelines to govern determinations for filing an

19  information on a juvenile, to be submitted to the Executive

20  Office of the Governor, the President of the Senate, and the

21  Speaker of the House of Representatives, and the Juvenile

22  Justice Advisory Board not later than January 1 of each year.

23         Section 7.  Paragraph (b) of subsection (4) of section

24  985.315, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         985.315  Vocational work training programs.--

27         (4)

28         (b)  Evaluations of juvenile work programs shall be

29  conducted according to the following guidelines:

30         1.  Systematic evaluations and quality assurance

31  monitoring shall be implemented, in accordance with s. ss.

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1  985.401(4) and 985.412(1), to determine whether the juvenile

  2  vocational work programs are related to successful postrelease

  3  adjustments.

  4         2.  Operations and policies of work programs shall be

  5  reevaluated to determine if they are consistent with their

  6  primary objectives.

  7         Section 8.  Subsection (5) of section 985.317, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         985.317  Literacy programs for juvenile offenders.--

10         (5)  EVALUATION AND REPORT.--The Juvenile Justice

11  Advisory Board shall evaluate the literacy program outcomes as

12  part of its annual evaluation of program outcomes under s.

13  985.401. The department, in consultation with the Department

14  of Education, shall develop and implement an evaluation of the

15  program in order to determine the impact of the programs on

16  recidivism. The department shall submit an annual report on

17  the implementation and progress of the programs to the

18  President of the Senate and the Speaker of the House of

19  Representatives by January 1 of each year.

20         Section 9.  Paragraph (b) of subsection (2) of section

21  985.414, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         985.414  County juvenile justice councils.--

24         (2)

25         (b)  The duties and responsibilities of a county

26  juvenile justice council include, but are not limited to:

27         1.  Developing a county juvenile justice plan based

28  upon utilization of the resources of law enforcement, the

29  school system, the Department of Juvenile Justice, the

30  Department of Children and Family Services, and others in a

31  cooperative and collaborative manner to prevent or discourage

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1  juvenile crime and develop meaningful alternatives to school

  2  suspensions and expulsions.

  3         2.  Entering into a written county interagency

  4  agreement specifying the nature and extent of contributions

  5  each signatory agency will make in achieving the goals of the

  6  county juvenile justice plan and their commitment to the

  7  sharing of information useful in carrying out the goals of the

  8  interagency agreement to the extent authorized by law. The

  9  interagency agreement must include as parties, at a minimum,

10  local school authorities or representatives, local law

11  enforcement agencies, state attorneys, public defenders, and

12  local representatives of the Department of Juvenile Justice

13  and the Department of Children and Family Services. The

14  agreement must specify how community entities will cooperate,

15  collaborate, and share information to achieve the goals of the

16  county juvenile justice plan.

17         3.  Applying for and receiving public or private

18  grants, to be administered by one of the community partners,

19  that support one or more components of the county juvenile

20  justice plan.

21         4.  Designating the county representatives to the

22  district juvenile justice board pursuant to s. 985.413.

23         5.  Providing a forum for the presentation of

24  interagency recommendations and the resolution of

25  disagreements relating to the contents of the county

26  interagency agreement or the performance by the parties of

27  their respective obligations under the agreement.

28         6.  Assisting and directing the efforts of local

29  community support organizations and volunteer groups in

30  providing enrichment programs and other support services for

31  clients of local juvenile detention centers.

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1         7.  Providing an annual report and recommendations to

  2  the district juvenile justice board, the Juvenile Justice

  3  Advisory Board, and the district juvenile justice manager.

  4         Section 10.  Subsection (11) of section 985.404,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         985.404  Administering the juvenile justice

  7  continuum.--

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

  9  consultation with the Juvenile Justice Advisory Board, the

10  Division of Economic and Demographic Research, and contract

11  service providers, shall develop a cost-effectiveness model

12  and apply the model to each commitment program. Program

13  recommitment rates shall be a component of the model.  The

14  cost-effectiveness model shall compare program costs to client

15  outcomes and program outputs.  It is the intent of the

16  Legislature that continual development efforts take place to

17  improve the validity and reliability of the cost-effectiveness

18  model and to integrate the standard methodology developed as

19  provided by law under s. 985.401(4) for interpreting program

20  outcome evaluations.

21         (b)  The department shall rank commitment programs

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

23  report to the appropriate substantive and fiscal committees of

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

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

26  Board on client outcomes and program outputs and on the

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

28  department may terminate a program operated by the department

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

30  threshold of program effectiveness. This paragraph does not

31  preclude the department from terminating a contract as

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




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

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

  3  enter into or terminate a contract.

  4         (d)  In collaboration with the Juvenile Justice

  5  Advisory Board, the Division of Economic and Demographic

  6  Research, and contract service providers, the department shall

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

  8  that the model is consistent with the performance-based

  9  program budgeting measures approved by the Legislature to the

10  extent the department deems appropriate. The department shall

11  notify the Office of Program Policy Analysis and Government

12  Accountability of any meetings to refine the model.

13         (e)  Contingent upon specific appropriation, the

14  department, in consultation with the Juvenile Justice Advisory

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

16  contract service providers, shall:

17         1.  Construct a profile of each commitment program that

18  uses the results of the quality assurance report required by

19  s. 985.412, the outcome evaluation report compiled as provided

20  by law by the Juvenile Justice Advisory Board under s.

21  985.401, the cost-effectiveness report required in this

22  subsection, and other reports available to the department.

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

24  commitment program that has achieved consistently high, low,

25  or disparate ratings in the reports required under

26  subparagraph 1.

27         3.  Identify the essential factors that contribute to

28  the high, low, or disparate program ratings.

29         4.  Use the results of these evaluations in developing

30  or refining juvenile justice programs or program models,

31

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1  client outcomes and program outputs, provider contracts,

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

  3         Section 11.  Paragraph (d) of subsection (3) of section

  4  985.413, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         985.413  District juvenile justice boards.--

  7         (3)  DISTRICT JUVENILE JUSTICE BOARDS.--

  8         (d)  A district juvenile justice board has the purpose,

  9  power, and duty to:

10         1.  Advise the district juvenile justice manager and

11  the district administrator on the need for and the

12  availability of juvenile justice programs and services in the

13  district.

14         2.  Develop a district juvenile justice plan that is

15  based upon the juvenile justice plans developed by each county

16  within the district, and that addresses the needs of each

17  county within the district.

18         3.  Develop a district interagency cooperation and

19  information-sharing agreement that supplements county

20  agreements and expands the scope to include appropriate

21  circuit and district officials and groups.

22         4.  Coordinate the efforts of the district juvenile

23  justice board with the activities of the Governor's Juvenile

24  Justice and Delinquency Prevention Advisory Committee and

25  other public and private entities.

26         5.  Advise and assist the district juvenile justice

27  manager in the provision of optional, innovative delinquency

28  services in the district to meet the unique needs of

29  delinquent children and their families.

30         6.  Develop, in consultation with the district juvenile

31  justice manager, funding sources external to the Department of

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1  Juvenile Justice for the provision and maintenance of

  2  additional delinquency programs and services. The board may,

  3  either independently or in partnership with one or more county

  4  juvenile justice councils or other public or private entities,

  5  apply for and receive funds, under contract or other funding

  6  arrangement, from federal, state, county, city, and other

  7  public agencies, and from public and private foundations,

  8  agencies, and charities for the purpose of funding optional

  9  innovative prevention, diversion, or treatment services in the

10  district for delinquent children and children at risk of

11  delinquency, and their families. To aid in this process, the

12  department shall provide fiscal agency services for the

13  councils.

14         7.  Educate the community about and assist in the

15  community juvenile justice partnership grant program

16  administered by the Department of Juvenile Justice.

17         8.  Advise the district health and human services

18  board, the district juvenile justice manager, and the

19  Secretary of Juvenile Justice regarding the development of the

20  legislative budget request for juvenile justice programs and

21  services in the district and the commitment region, and, in

22  coordination with the district health and human services

23  board, make recommendations, develop programs, and provide

24  funding for prevention and early intervention programs and

25  services designed to serve children in need of services,

26  families in need of services, and children who are at risk of

27  delinquency within the district or region.

28         9.  Assist the district juvenile justice manager in

29  collecting information and statistical data useful in

30  assessing the need for prevention programs and services within

31  the juvenile justice continuum program in the district.

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    Florida Senate - 1999                                  SB 1310
    12-1512-99                                              See HB




  1         10.  Make recommendations with respect to, and monitor

  2  the effectiveness of, the judicial administrative plan for

  3  each circuit pursuant to Rule 2.050, Florida Rules of Judicial

  4  Administration.

  5         11.  Provide periodic reports to the health and human

  6  services board in the appropriate district of the Department

  7  of Children and Family Services. These reports must contain,

  8  at a minimum, data about the clients served by the juvenile

  9  justice programs and services in the district, as well as data

10  concerning the unmet needs of juveniles within the district.

11         12.  Provide a written annual report on the activities

12  of the board to the district administrator and, the Secretary

13  of Juvenile Justice, and the Juvenile Justice Advisory Board.

14  The report should include an assessment of the effectiveness

15  of juvenile justice continuum programs and services within the

16  district, recommendations for elimination, modification, or

17  expansion of existing programs, and suggestions for new

18  programs or services in the juvenile justice continuum that

19  would meet identified needs of children and families in the

20  district.

21         Section 12.  This act shall take effect July 1, 1999.

22

23            *****************************************

24                       LEGISLATIVE SUMMARY

25
      Abolishes the Juvenile Justice Accountability Board.
26    Transfers all obligations and assets of the board to the
      Department of Juvenile Justice.  Repeals specified
27    provisions relating to composition and powers and duties
      of the board.  Conforms cross-references and other
28    provisions relating to the board.  Removes obsolete
      references to the Juvenile Justice Advisory Board, which
29    was redesignated as the Juvenile Justice Accountability
      Board pursuant to s. 12, ch. 98-136, Laws of Florida.
30    (See bill for details.)

31

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