Senate Bill 1550c1

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    Florida Senate - 1999                           CS for SB 1550

    By the Committee on Criminal Justice and Senators
    Dawson-White, Campbell and Meek




    307-2030-99

  1                      A bill to be entitled

  2         An act relating to juvenile justice education

  3         and training programs; amending s. 985.315,

  4         F.S.; revising the vocational work training

  5         programs under the Department of Juvenile

  6         Justice; providing for participation of certain

  7         juveniles in educational/technical or

  8         vocational work-related program 5 hours per

  9         day, 5 days per week; requiring the Juvenile

10         Justice Accountability Board to conduct a study

11         of juvenile vocational and work programs;

12         requiring a report; requiring the department to

13         inventory programs in the state; providing an

14         effective date.

15

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

17

18         Section 1.  Section 985.315, Florida Statutes, 1998

19  Supplement, is amended to read:

20         985.315  Educational/technical and vocational

21  work-related work training programs.--

22         (1)(a)  It is the finding of the Legislature that the

23  educational/technical and vocational work-related work

24  programs of the Department of Juvenile Justice are uniquely

25  different from other programs operated or conducted by other

26  departments in that it is essential to the state that these

27  the work programs provide juveniles with useful information

28  and activities that can lead to meaningful employment after

29  release in order to assist in reducing the return of juveniles

30  to the system.

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1         (b)  It is further the finding of the Legislature that

  2  the mission of a juvenile educational/technical and vocational

  3  work-related work program is, in order of priority:

  4         1.  To provide a joint effort between the department,

  5  the juvenile work programs, and educational/technical and

  6  other vocational training programs to reinforce relevant

  7  education, training, and postrelease job placement, and help

  8  reduce recommitment.

  9         2.  To serve the security goals of the state through

10  the reduction of idleness of juveniles and the provision of an

11  incentive for good behavior in residential commitment

12  facilities.

13         3.  To teach youth in juvenile justice programs

14  relevant job skills and the fundamentals of a trade in order

15  to prepare them for placement in the workforce.

16         (c)  It is further the finding of the Legislature that

17  a program which duplicates as closely as possible free-work

18  production and service operations in order to aid juveniles in

19  adjustment after release and to prepare juveniles for gainful

20  employment is in the best interest of the state, juveniles,

21  and the general public.

22         (2)(a)  The department is strongly encouraged to may

23  require juveniles placed in a high-risk residential,

24  maximum-risk residential, or a serious/habitual offender

25  program to participate in an educational/technical or a

26  vocational work-related work program 5 hours per day, 5 days

27  per week.  All policies developed by the department relating

28  to this requirement must be consistent with applicable

29  federal, state, and local labor laws and standards, including

30  all laws relating to child labor.

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1         (b)  Nothing in this subsection is intended to restore,

  2  in whole or in part, the civil rights of any juvenile.  No

  3  juvenile compensated under this subsection shall be considered

  4  as an employee of the state or the department, nor shall such

  5  juvenile come within any other provision of the Workers'

  6  Compensation Law.

  7         (3)  In adopting or modifying master plans for juvenile

  8  work programs and educational/technical and vocational

  9  training programs, and in the administration of the Department

10  of Juvenile Justice, it shall be the objective of the

11  department to develop:

12         (a)  Attitudes favorable to work, the work situation,

13  and a law-abiding life in each juvenile employed in the

14  juvenile work program.

15         (b)  Education and training opportunities that are

16  reasonably broad, but which develop specific work skills.

17         (c)  Programs that motivate juveniles to use their

18  abilities. Juveniles who do not adjust to these programs shall

19  be reassigned.

20         (d)  Education and training programs that will be of

21  mutual benefit to all governmental jurisdictions of the state

22  by reducing the costs of government to the taxpayers and which

23  integrate all instructional programs into a unified curriculum

24  suitable for all juveniles, but taking account of the

25  different abilities of each juvenile.

26         (e)  A logical sequence of educational/technical or

27  vocational training, employment by the juvenile vocational

28  work programs, and postrelease job placement for juveniles

29  participating in juvenile work programs.

30         (4)(a)  The Department of Juvenile Justice shall

31  establish guidelines for the operation of juvenile

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1  educational/technical and vocational work-related work

  2  programs, which shall include the following procedures:

  3         1.  Participation in the educational/technical and

  4  vocational work-related programs shall be on a 5-day-per-week,

  5  5-hour-per-day basis.

  6         2.1.  The education, training, work experience,

  7  emotional and mental abilities, and physical capabilities of

  8  the juvenile and the duration of the term of placement imposed

  9  on the juvenile are to be analyzed before assignment of the

10  juvenile inmate into the various processes best suited for

11  educational/technical or vocational training.

12         3.2.  When feasible, the department shall attempt to

13  obtain education or training credit for a juvenile seeking

14  apprenticeship status or a high school diploma or its

15  equivalent.

16         4.3.  The juvenile may begin in a general education and

17  work skills program and progress to a specific work skills

18  training program, depending upon the ability, desire, and

19  education and work record of the juvenile.

20         5.4.  Modernization and upgrading of equipment and

21  facilities should include greater automation and improved

22  production techniques to expose juveniles to the latest

23  technological procedures to facilitate their adjustment to

24  real work situations.

25         (b)  Evaluations of juvenile educational/technical and

26  vocational work-related work programs shall be conducted

27  according to the following guidelines:

28         1.  Systematic evaluations and quality assurance

29  monitoring shall be implemented, in accordance with ss.

30  985.401(4) and 985.412(1), to determine whether the juvenile

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1  vocational work programs are related to successful postrelease

  2  adjustments.

  3         2.  Operations and policies of the work programs shall

  4  be reevaluated to determine if they are consistent with their

  5  primary objectives.

  6         (c)  The department shall seek the advice of private

  7  labor and management to:

  8         1.  Assist its work programs in the development of

  9  statewide policies aimed at innovation and organizational

10  change.

11         2.  Obtain technical and practical assistance,

12  information, and guidance.

13         3.  Encourage the cooperation and involvement of the

14  private sector.

15         4.  Assist in the placement of youth into meaningful

16  jobs upon release from the residential program.

17         (d)  The department and providers are strongly

18  encouraged to work in partnership with local businesses and

19  trade groups in the development and operation of

20  educational/technical and vocational programs.

21         (5)(a)  The Department of Juvenile Justice may adopt

22  and put into effect an agricultural and industrial production

23  and marketing program to provide training facilities for

24  persons placed in serious/habitual offender, high-risk

25  residential, and maximum-risk residential programs and

26  facilities under the control and supervision of the

27  department.  The emphasis of this program shall be to provide

28  juveniles with useful work experience and appropriate job

29  skills that will facilitate their reentry into society and

30  provide an economic benefit to the public and the department

31  through effective utilization of juveniles.

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1         (b)  The department is authorized to contract with the

  2  private sector for substantial involvement in a juvenile

  3  industry program which includes the operation of a direct

  4  private sector business within a juvenile facility and the

  5  hiring of juvenile workers.  The purposes and objectives of

  6  this program shall be to:

  7         1.  Increase benefits to the general public by

  8  reimbursement to the state for a portion of the costs of

  9  juvenile residential care.

10         2.  Provide purposeful work for juveniles as a means of

11  reducing tensions caused by confinement.

12         3.  Increase job skills.

13         4.  Provide additional opportunities for rehabilitation

14  of juveniles who are otherwise ineligible to work outside the

15  facilities, such as maximum security juveniles.

16         5.  Develop and establish new models for juvenile

17  facility-based businesses which create jobs approximating

18  conditions of private sector employment.

19         6.  Draw upon the economic base of operations for

20  disposition to the Crimes Compensation Trust Fund.

21         7.  Substantially involve the private sector with its

22  capital, management skills, and expertise in the design,

23  development, and operation of businesses.

24         (c)  Notwithstanding any other law to the contrary,

25  including s. 440.15(9), private sector employers shall provide

26  juveniles participating in juvenile work programs under

27  paragraph (b) with workers' compensation coverage, and

28  juveniles shall be entitled to the benefits of such coverage.

29  Nothing in this subsection shall be construed to allow

30  juveniles to participate in unemployment compensation

31  benefits.

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    Florida Senate - 1999                           CS for SB 1550
    307-2030-99




  1         (6)  The Juvenile Justice Accountability Board shall

  2  conduct a study regarding the types of effective juvenile

  3  vocational and work programs in operation across the country,

  4  relevant research on what makes programs effective, the key

  5  ingredients of effective juvenile vocational and work

  6  programs, and the status of such programs in juvenile

  7  facilities across the state.  The board shall report its

  8  findings and make recommendations on how to expand and improve

  9  these programs no later than January 31, 2000, to the

10  President of the Senate, the Speaker of the House of

11  Representatives, and the Secretary of Juvenile Justice.

12         (7)  The department, working with providers, shall

13  inventory juvenile vocational and work training programs in

14  use in commitment programs across the state.  The inventory

15  shall list the commitment program, the type of vocational or

16  work program offered, the relevant job skills provided, and

17  which programs work with the trades industry to place youth in

18  jobs upon release.

19         Section 2.  This act shall take effect October 1, 1999.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 1550

23

24  1.    Changes bill's requirement that educational/technical
          and vocational programs be offered 7 hours per day, 7
25        days per week to strongly encouraging the provision of
          such programming 5 hours per day, 5 days per week.
26
    2.    Deletes bill's requirement that certain juvenile
27        offenders have a bedtime of 8:00 p.m.

28  3.    Adds that the Juvenile Justice Accountability Board must
          conduct a nationwide study of juvenile vocational
29        programs, and that the Department of Juvenile Justice
          must inventory its Florida vocational programs.
30

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