House Bill 1759

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    Florida House of Representatives - 2000                HB 1759

        By the Committee on Juvenile Justice and Representatives
    Merchant, Frankel, Ryan, Patterson, C. Green, Bainter, Tullis,
    Barreiro, Lawson, Ritchie and Farkas




  1                      A bill to be entitled

  2         An act relating to classification and placement

  3         of juveniles; amending s. 985.03, F.S.;

  4         revising definitions relating to

  5         restrictiveness levels; amending s. 985.21,

  6         F.S.; providing additional intake screening

  7         requirements; amending s. 985.215, F.S.;

  8         providing for a special detention order to

  9         allow comprehensive evaluation upon a finding

10         of delinquency; amending s. 985.224, F.S.;

11         providing for court-ordered educational needs

12         assessments for certain children under certain

13         circumstances; amending s. 985.229, F.S.;

14         authorizing a predispositional report upon a

15         finding of delinquency; requiring a

16         predispositional report for a child for whom

17         residential commitment disposition is

18         anticipated or recommended; authorizing said

19         predispositional report to include a

20         comprehensive evaluation; providing a time

21         certain for the submission of the

22         predispositional report; specifying parties who

23         may receive copies of the predispositional

24         report; amending s. 985.23, F.S.; requiring the

25         court to consider recommendations of the

26         Department of Juvenile Justice at disposition;

27         requiring the court to state for the record

28         reasons for deviating from the recommendations

29         of the department; allowing the court to make

30         treatment recommendations to the department;

31         amending s. 985.231, F.S.; providing that the

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  1         child's length of stay in a residential

  2         commitment program shall be based on objective

  3         performance-based treatment planning; requiring

  4         monthly progress reports to the court;

  5         authorizing extension of the child's length of

  6         stay if the child fails to comply with or

  7         participate in treatment activities;

  8         prohibiting extension of the child's length of

  9         stay for purposes of sanction or punishment;

10         requiring any temporary release to be approved

11         by the court; requiring communication to the

12         court of the child's treatment plan progress

13         and adjustment-related issues upon request to

14         release the child; amending s. 985.404, F.S.;

15         requiring notice of intent to transfer a child

16         from a commitment facility or program; creating

17         a workgroup to make recommendations for a

18         system of classification and placement;

19         providing minimum considerations; providing

20         minimum membership; providing for testing and

21         validation of the system; providing for a

22         report to the Governor and Legislature;

23         providing an effective date.

24

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

26

27         Section 1.  Subsection (47) of section 985.03, Florida

28  Statutes, is amended to read:

29         985.03  Definitions.--When used in this chapter, the

30  term:

31

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  1         (47)  "Residential commitment Restrictiveness level"

  2  means the level of security custody provided by programs that

  3  service the supervision, custody, and care, and treatment

  4  needs of committed children. Sections 985.3141 and 985.404(13)

  5  apply to children placed in programs at any residential

  6  commitment level.  The levels of residential commitment are as

  7  follows There shall be five restrictiveness levels:

  8         (a)  Minimum-risk nonresidential.--Youth assessed and

  9  classified for placement in programs at this restrictiveness

10  level represent a minimum risk to themselves and public safety

11  and do not require placement and services in residential

12  settings. Programs or program models in this restrictiveness

13  level include: community counselor supervision programs,

14  special intensive group programs, nonresidential marine

15  programs, nonresidential training and rehabilitation centers,

16  and other local community nonresidential programs, including

17  any nonresidential program or supervision program that is used

18  for aftercare placement.

19         (a)(b)  Low-risk residential.--Programs or program

20  models at this commitment level are residential but may allow

21  youth to have unsupervised access to the community.  The

22  department may elect to require a facility to provide 24-hour

23  awake supervision of residents. Youth assessed and classified

24  for placement in programs at this commitment level represent a

25  low risk to themselves and public safety but and do require

26  placement and services in residential settings. Children who

27  have been found to have committed delinquent acts that involve

28  firearms, delinquent acts that are sexual offenses, or

29  delinquent acts that would be life felonies or first degree

30  felonies if committed by an adult shall not be committed to a

31  program at this level. Programs or program models in this

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  1  restrictiveness level include: Short Term Offender Programs

  2  (STOP), group treatment homes, family group homes, proctor

  3  homes, and Short Term Environmental Programs (STEP). Section

  4  985.3141 applies to children placed in programs in this

  5  restrictiveness level.

  6         (b)(c)  Moderate-risk residential.--Programs or program

  7  models at this commitment level are residential but may allow

  8  youth to have supervised access to the community.  Facilities

  9  are either environmentally secure or are hardware-secure with

10  walls, fencing, or locking doors.  Facilities shall provide

11  24-hour awake supervision, custody, care, and treatment of

12  residents. Youth assessed and classified for placement in

13  programs at in this commitment restrictiveness level represent

14  a moderate risk to public safety and.  Programs are designed

15  for children who require close supervision but do not need

16  placement in facilities that are physically secure.  Programs

17  in the moderate-risk residential restrictiveness level provide

18  24-hour awake supervision, custody, care, and treatment.  Upon

19  specific appropriation, a facility at this restrictiveness

20  level may have a security fence around the perimeter of the

21  grounds of the facility and may be hardware-secure or

22  staff-secure. The staff at a facility at this commitment

23  restrictiveness level may seclude a child who is a physical

24  threat to himself or herself or others.  Mechanical restraint

25  may also be used when necessary. Programs or program models in

26  this restrictiveness level include: halfway houses, START

27  Centers, the Dade Intensive Control Program, licensed

28  substance abuse residential programs, and moderate-term

29  wilderness programs designed for committed delinquent youth

30  that are operated or contracted by the Department of Juvenile

31

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  1  Justice.  Section 985.3141 applies to children placed in

  2  programs in this restrictiveness level.

  3         (c)(d)  High-risk residential.--Programs or program

  4  models at this commitment level are residential and shall not

  5  allow youth to have access to the community.  Facilities are

  6  hardware-secure with perimeter fencing and locking doors.

  7  Facilities shall provide 24-hour awake supervision, custody,

  8  care, and treatment of residents.  Youth assessed and

  9  classified for this level of placement require close

10  supervision in a structured residential setting that provides

11  24-hour-per-day secure custody, care, and supervision.

12  Placement in programs at in this level is prompted by a

13  concern for public safety that outweighs placement in programs

14  at lower restrictiveness levels. The staff at a facility at

15  this commitment level may seclude a child who is a physical

16  threat to himself or herself or others.  Mechanical restraint

17  may also be used when necessary.  The facility may provide for

18  single cell occupancy. Programs or program models in this

19  level are staff-secure or physically secure residential

20  commitment facilities and include: training schools, intensive

21  halfway houses, residential sex offender programs, long-term

22  wilderness programs designed exclusively for committed

23  delinquent youth, boot camps, secure halfway house programs,

24  and the Broward Control Treatment Center. Section 985.3141

25  applies to children placed in programs in this restrictiveness

26  level.

27         (d)(e)  Maximum-risk residential Juvenile correctional

28  facilities or juvenile prison.--Programs or program models at

29  this commitment level include juvenile correctional facilities

30  and juvenile prisons.  The programs are long-term residential

31  and shall not allow youth to have access to the community.

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  1  Facilities are maximum-custody hardware-secure with perimeter

  2  security fencing and locking doors.  Facilities shall provide

  3  24-hour awake supervision, custody, care, and treatment of

  4  residents.  The staff at a facility at this commitment level

  5  may seclude a child who is a physical threat to himself or

  6  herself or others.  Mechanical restraint may also be used when

  7  necessary.  The facility shall provide for single cell

  8  occupancy, except that youth may be housed together during

  9  prerelease transition. Youth assessed and classified for this

10  level of placement require close supervision in a maximum

11  security residential setting that provides 24-hour-per-day

12  secure custody, care, and supervision. Placement in a program

13  at in this level is prompted by a demonstrated need to protect

14  the public. Programs or program models in this level are

15  maximum-secure-custody, long-term residential commitment

16  facilities that are intended to provide a moderate overlay of

17  educational, vocational, and behavioral-modification services

18  and other maximum-security program models authorized by the

19  Legislature and established by rule.  Section 985.3141 applies

20  to children placed in programs in this restrictiveness level.

21         Section 2.  Paragraph (a) of subsection (1) of section

22  985.21, Florida Statutes, is amended to read:

23         985.21  Intake and case management.--

24         (1)(a)  During the intake process, the juvenile

25  probation officer shall screen each child or shall cause each

26  child to be screened in order to determine:

27         1.  Appropriateness for release, referral to a

28  diversionary program including, but not limited to, a

29  teen-court program, referral for community arbitration, or

30  referral to some other program or agency for the purpose of

31  nonofficial or nonjudicial handling.

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  1         2.  The presence of medical, psychiatric,

  2  psychological, substance abuse, educational, or vocational

  3  problems, or other conditions that may have caused the child

  4  to come to the attention of law enforcement or the Department

  5  of Juvenile Justice. The child shall also be screened to

  6  determine whether the child poses a danger to himself or

  7  herself or others in the community.  The results of this

  8  screening shall be made available to the court and to court

  9  officers. In cases where such conditions are identified, and a

10  nonjudicial handling of the case is chosen, the juvenile

11  probation officer shall attempt to refer the child to a

12  program or agency, together with all available and relevant

13  assessment information concerning the child's precipitating

14  condition.

15         3.  The Department of Juvenile Justice shall develop an

16  intake and a case management system whereby a child brought

17  into intake is assigned a juvenile probation officer if the

18  child was not released, referred to a diversionary program,

19  referred for community arbitration, or referred to some other

20  program or agency for the purpose of nonofficial or

21  nonjudicial handling, and shall make every reasonable effort

22  to provide case management services for the child; provided,

23  however, that case management for children committed to

24  residential programs may be transferred as provided in s.

25  985.316.

26         4.  In addition to duties specified in other sections

27  and through departmental rules, the assigned juvenile

28  probation officer shall be responsible for the following:

29         a.  Ensuring that a risk assessment instrument

30  establishing the child's eligibility for detention has been

31

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  1  accurately completed and that the appropriate recommendation

  2  was made to the court.

  3         b.  Inquiring as to whether the child understands his

  4  or her rights to counsel and against self-incrimination.

  5         c.  Performing the preliminary screening and making

  6  referrals for comprehensive assessment regarding the child's

  7  need for substance abuse treatment services, mental health

  8  services, retardation services, literacy services, or other

  9  educational or treatment services.

10         d.  Coordinating the multidisciplinary assessment when

11  required, which includes the classification and placement

12  process that determines the child's priority needs, risk

13  classification, and treatment plan. When sufficient evidence

14  exists to warrant a comprehensive assessment and the child

15  fails to voluntarily participate in the assessment efforts, it

16  is the responsibility of the juvenile probation officer to

17  inform the court of the need for the assessment and the

18  refusal of the child to participate in such assessment. This

19  assessment, classification, and placement process shall

20  develop into the predisposition report.

21         e.  Making recommendations for services and

22  facilitating the delivery of those services to the child,

23  including any mental health services, educational services,

24  family counseling services, family assistance services, and

25  substance abuse services. The juvenile probation officer shall

26  serve as the primary case manager for the purpose of managing,

27  coordinating, and monitoring the services provided to the

28  child. Each program administrator within the Department of

29  Children and Family Services shall cooperate with the primary

30  case manager in carrying out the duties and responsibilities

31  described in this section.

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  1

  2  The Department of Juvenile Justice shall annually advise the

  3  Legislature and the Executive Office of the Governor of the

  4  resources needed in order for the intake and case management

  5  system to maintain a staff-to-client ratio that is consistent

  6  with accepted standards and allows the necessary supervision

  7  and services for each child. The intake process and case

  8  management system shall provide a comprehensive approach to

  9  assessing the child's needs, relative risks, and most

10  appropriate handling, and shall be based on an individualized

11  treatment plan.

12         Section 3.  Paragraph (d) of subsection (5) of section

13  985.215, Florida Statutes, is redesignated as paragraph (e),

14  and a new paragraph (d) is added to said subsection to read:

15         985.215  Detention.--

16         (5)

17         (d)  A child who was not in secure detention at the

18  time of the adjudicatory hearing, but for whom residential

19  commitment is anticipated or recommended, may be placed under

20  a special detention order for a period not to exceed 72 hours,

21  excluding weekends and legal holidays, for the purpose of

22  conducting a comprehensive evaluation as provided in s.

23  985.229(1).  Motions for the issuance of such special

24  detention order may be made subsequent to a finding of

25  delinquency.  Upon said motion, the court shall conduct a

26  hearing to determine the appropriateness of such special

27  detention order and shall order the least restrictive level of

28  detention necessary to complete the comprehensive evaluation

29  process that is consistent with public safety.  Such special

30  detention order may be extended for an additional 72 hours

31  upon further order of the court.

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  1         Section 4.  Subsection (2) of section 985.224, Florida

  2  Statutes, is amended to read:

  3         985.224  Medical, psychiatric, psychological, substance

  4  abuse, and educational examination and treatment.--

  5         (2)  Whenever a child has been found to have committed

  6  a delinquent act, or before such finding with the consent of

  7  any parent or legal custodian of the child, the court may

  8  order the child to be treated by a physician. The court may

  9  also order the child to receive mental health, substance

10  abuse, or retardation services from a psychiatrist,

11  psychologist, or other appropriate service provider. If it is

12  necessary to place the child in a residential facility for

13  such services, the procedures and criteria established in

14  chapter 393, chapter 394, or chapter 397, whichever is

15  applicable, shall be used. After a child has been adjudicated

16  delinquent, or adjudication is withheld, the court shall order

17  an educational needs assessment by the district school board

18  or the Department of Children and Family Services. If an

19  educational needs assessment by the district school board or

20  the Department of Children and Family Services has been

21  previously conducted, the court shall order the report of such

22  needs assessment included in the child's court record in lieu

23  of a new assessment. For purposes of this section, an

24  educational needs assessment includes, but is not limited to,

25  reports of intelligence and achievement tests, screening for

26  learning disabilities and other handicaps, and screening for

27  the need for alternative education.

28         Section 5.  Subsections (1) and (3) of section 985.229,

29  Florida Statutes, are amended to read:

30         985.229  Predisposition report; other evaluations.--

31

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  1         (1)  Upon a finding that the child has committed a

  2  delinquent act At the disposition hearing, the court may shall

  3  order a predisposition report regarding the eligibility of the

  4  child for disposition other than by adjudication and

  5  commitment to the department or for disposition of

  6  adjudication, commitment to the department, and, if

  7  appropriate, assignment of a residential commitment level.

  8  The predisposition report shall be the result of the

  9  multidisciplinary assessment when such assessment is needed,

10  and of the classification and placement process, and it shall

11  indicate and report the child's priority needs,

12  recommendations as to a classification of risk for the child

13  in the context of his or her program and supervision needs,

14  and a plan for treatment that recommends the most appropriate

15  placement setting to meet the child's needs with the minimum

16  program security that reasonably ensures public safety. A

17  predisposition report shall be ordered for any child for whom

18  a residential commitment disposition is anticipated or

19  recommended by an officer of the court or by the department. A

20  comprehensive evaluation for physical health, mental health,

21  substance abuse, academic, educational, or vocational problems

22  may be ordered for any child for whom a residential commitment

23  disposition is anticipated or recommended by an officer of the

24  court or by the department. If a comprehensive evaluation is

25  ordered, the predisposition report shall include a summary of

26  the comprehensive evaluation. The predisposition report shall

27  be submitted to the court upon completion of the report but no

28  later than 48 hours prior to the disposition hearing. The

29  predisposition report, but shall not be reviewed by the court

30  without the consent of the child and his or her legal counsel

31

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  1  until the child has been found to have committed a delinquent

  2  act.

  3         (3)  The predisposition report, together with all other

  4  reports and evaluations used by the department in preparing

  5  the predisposition report, shall be made available to the

  6  child, the child's parents or legal guardian, the child's

  7  legal counsel, and the state attorney upon completion of the

  8  report and at a reasonable time prior to the disposition

  9  hearing.

10         Section 6.  Subsection (2) of section 985.23, Florida

11  Statutes, is amended to read:

12         985.23  Disposition hearings in delinquency

13  cases.--When a child has been found to have committed a

14  delinquent act, the following procedures shall be applicable

15  to the disposition of the case:

16         (2)  The first determination to be made by the court is

17  a determination of the suitability or nonsuitability for

18  adjudication and commitment of the child to the department.

19  This determination shall include consideration of the

20  recommendations of the department, which may include a

21  predisposition report. be based upon The predisposition report

22  which shall include, whether as part of the child's

23  multidisciplinary assessment, classification, and placement

24  process components or separately, evaluation of the following

25  criteria:

26         (a)  The seriousness of the offense to the community.

27  If the court determines that the child was a member of a

28  criminal street gang at the time of the commission of the

29  offense, which determination shall be made pursuant to chapter

30  874, the seriousness of the offense to the community shall be

31  given great weight.

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  1         (b)  Whether the protection of the community requires

  2  adjudication and commitment to the department.

  3         (c)  Whether the offense was committed in an

  4  aggressive, violent, premeditated, or willful manner.

  5         (d)  Whether the offense was against persons or against

  6  property, greater weight being given to offenses against

  7  persons, especially if personal injury resulted.

  8         (e)  The sophistication and maturity of the child.

  9         (f)  The record and previous criminal history of the

10  child, including without limitations:

11         1.  Previous contacts with the department, the former

12  Department of Health and Rehabilitative Services, the

13  Department of Children and Family Services, the Department of

14  Corrections, other law enforcement agencies, and courts;

15         2.  Prior periods of probation or community control;

16         3.  Prior adjudications of delinquency; and

17         4.  Prior commitments to institutions.

18         (g)  The prospects for adequate protection of the

19  public and the likelihood of reasonable rehabilitation of the

20  child if committed to a community services program or

21  facility.

22

23  If the court elects to dispose of the case in a manner

24  differing from the recommendation of the department, the court

25  shall state the reasons for doing so on the record.  At the

26  time of disposition, the court may make recommendations to the

27  department as to specific treatment approaches to be employed.

28         Section 7.  Paragraph (d) of subsection (1) of section

29  985.231, Florida Statutes, is amended to read:

30         985.231  Powers of disposition in delinquency cases.--

31         (1)

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  1         (d)  Any commitment of a delinquent child to the

  2  Department of Juvenile Justice must be for an indeterminate

  3  period of time, which may include periods of temporary

  4  release, but the time may not exceed the maximum term of

  5  imprisonment that an adult may serve for the same offense. The

  6  duration of the child's placement in a residential commitment

  7  program at any level shall be based on objective

  8  performance-based treatment planning. The child's treatment

  9  plan progress and adjustment-related issues shall be reported

10  to the court each month.  The child's length of stay in a

11  residential commitment program may be extended if the child

12  fails to comply with or participate in treatment activities.

13  The child's length of stay in such program shall not be

14  extended for purposes of sanction or punishment. Any temporary

15  release from such program for a period greater than 3 days

16  must be approved by the court. Any child so committed may be

17  discharged from institutional confinement or a program upon

18  the direction of the department with the concurrence of the

19  court. The child's treatment plan progress and

20  adjustment-related issues must be communicated to the court at

21  the time the department requests the court to consider

22  releasing the child from the residential commitment program.

23  Notwithstanding s. 743.07 and this subsection, and except as

24  provided in s. 985.31, a child may not be held under a

25  commitment from a court pursuant to this section after

26  becoming 21 years of age. The department shall give the court

27  that committed the child to the department reasonable notice,

28  in writing, of its desire to discharge the child from a

29  commitment facility. The court that committed the child may

30  thereafter accept or reject the request. If the court does not

31  respond within 10 days after receipt of the notice, the

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  1  request of the department shall be deemed granted. This

  2  section does not limit the department's authority to revoke a

  3  child's temporary release status and return the child to a

  4  commitment facility for any violation of the terms and

  5  conditions of the temporary release.

  6         Section 8.  Subsection (4) of section 985.404, Florida

  7  Statutes, is amended, and subsection (14) is added to said

  8  section, to read:

  9         985.404  Administering the juvenile justice

10  continuum.--

11         (4)  The department may transfer a child, when

12  necessary to appropriately administer the child's commitment,

13  from one facility or program to another facility or program

14  operated, contracted, subcontracted, or designated by the

15  department, including a postcommitment minimum-risk

16  nonresidential aftercare program. The department shall notify

17  the court that committed the child to the department and any

18  attorney of record, in writing, of its intent to transfer of

19  the child from a commitment facility or program to another

20  facility or program of a higher or lower restrictiveness

21  level. The court that committed the child may agree to the

22  transfer or may set a hearing to review the transfer.  If the

23  court does not respond within 10 days after receipt of the

24  notice, the transfer of the child shall be deemed granted.

25         (14)  A classification and placement workgroup is

26  established, with minimum membership to be composed of two

27  juvenile court judges, two state attorneys or their designated

28  assistants, two public defenders or their designated

29  assistants, representatives of two law enforcement agencies,

30  and representatives of two providers of juvenile justice

31  services. Other interested parties may also participate. The

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  1  workgroup shall make recommendations concerning the

  2  development of a system for classifying and placing juvenile

  3  offenders who are committed to residential programs. At a

  4  minimum, the recommended system of classification and

  5  placement shall consider the age and gender of the child, the

  6  seriousness of the delinquent act for which the child is being

  7  committed, whether the child has a history of committing

  8  delinquent acts, the child's physical health, the child's

  9  mental health, whether the child has a history of substance

10  use or abuse, and the child's academic or vocational needs.

11  The workgroup shall also consider whether other factors are

12  appropriate for inclusion in the recommended classification

13  and placement system, including the appropriateness of

14  graduated sanctions for repeat offenders. The workgroup shall

15  recommend a process for testing and validating the

16  effectiveness of the recommended classification and placement

17  system. The workgroup shall provide a report of these

18  recommendations to the Governor, the Speaker of the House of

19  Representatives, and the President of the Senate no later than

20  September 30, 2001.

21         Section 9.  This act shall take effect January 1, 2001.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to classification and
  4    placement of juveniles. Revises definitions relating to
      restrictiveness levels for commitment of juveniles.
  5    Provides additional intake screening requirements.
      Provides for a special detention order to allow
  6    comprehensive evaluation upon a finding of delinquency.
      Provides for court-ordered educational needs assessments
  7    for certain children under certain circumstances.
      Authorizes a predispositional report upon a finding of
  8    delinquency. Requires a predispositional report for a
      child for whom residential commitment disposition is
  9    anticipated or recommended and provides for the
      predispositional report to include a comprehensive
10    evaluation. Provides a time certain for the submission of
      the predispositional report. Specifies parties who may
11    receive copies of the predispositional report. Requires
      the court to consider recommendations of the Department
12    of Juvenile Justice at disposition and to state for the
      record reasons for deviating from the recommendations of
13    the department. Allows the court to make treatment
      recommendations to the department. Provides that the
14    child's length of stay in a residential commitment
      program shall be based on objective performance-based
15    treatment planning. Requires monthly progress reports to
      the court. Authorizes extension of the child's length of
16    stay if the child fails to comply with or participate in
      treatment activities. Prohibits extension of the child's
17    length of stay for purposes of sanction or punishment.
      Requires any temporary release to be approved by the
18    court. Requires communication to the court of the child's
      treatment plan progress and adjustment-related issues
19    upon request to release the child. Requires notice of
      intent to transfer a child from a commitment facility or
20    program. Creates a workgroup to make recommendations for
      a system of classification and placement and provides
21    minimum considerations and membership. Provides for
      testing and validation of the system.
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