Senate Bill 2336

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    Florida Senate - 2000                                  SB 2336

    By Senator Webster





    12-1715-00                                              See HB

  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. 985.229, F.S.;

11         authorizing a predispositional report upon a

12         finding of delinquency; requiring a

13         predispositional report for a child for whom

14         residential commitment disposition is

15         anticipated or recommended; requiring the

16         predispositional report to include a

17         comprehensive evaluation; providing a time

18         certain for the submission of the

19         predispositional report; specifying parties who

20         may receive copies of the predispositional

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

22         court to consider recommendations of the

23         Department of Juvenile Justice at disposition;

24         requiring the court to state for the record

25         reasons for deviating from the recommendations

26         of the department; allowing the court to make

27         treatment recommendations to the department;

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

29         child's length of stay in a residential

30         commitment program shall be based on objective

31         performance-based treatment planning; requiring

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  1         monthly progress reports to the court;

  2         authorizing extension of the child's length of

  3         stay if the child fails to comply with or

  4         participate in treatment activities;

  5         prohibiting extension of the child's length of

  6         stay for purposes of sanction or punishment;

  7         requiring any temporary release to be approved

  8         by the court; requiring communication to the

  9         court of the child's treatment plan progress

10         and adjustment-related issues upon request to

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

12         requiring notice of intent to transfer a child

13         from a commitment facility or program; creating

14         a workgroup to make recommendations for a

15         system of classification and placement;

16         providing minimum considerations; providing

17         minimum membership; providing for testing and

18         validation of the system; providing for a

19         report to the Governor and Legislature;

20         providing an effective date.

21

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

23

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

25  Statutes, is amended to read:

26         985.03  Definitions.--When used in this chapter, the

27  term:

28         (47)  "Residential commitment Restrictiveness level"

29  means the level of security custody provided by programs that

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

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

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  1  apply to children placed in programs at any residential

  2  commitment level.  The levels of residential commitment are as

  3  follows There shall be five restrictiveness levels:

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

  5  classified for placement in programs at this restrictiveness

  6  level represent a minimum risk to themselves and public safety

  7  and do not require placement and services in residential

  8  settings. Programs or program models in this restrictiveness

  9  level include: community counselor supervision programs,

10  special intensive group programs, nonresidential marine

11  programs, nonresidential training and rehabilitation centers,

12  and other local community nonresidential programs, including

13  any nonresidential program or supervision program that is used

14  for aftercare placement.

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

16  models at this commitment level are residential but may allow

17  youth to have unsupervised access to the community.  The

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

19  awake supervision of residents. Youth assessed and classified

20  for placement in programs at this commitment level represent a

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

22  placement and services in residential settings. Children who

23  have been found to have committed delinquent acts that involve

24  firearms, delinquent acts that are sexual offenses, or

25  delinquent acts that would be life felonies or first degree

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

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

28  restrictiveness level include: Short Term Offender Programs

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

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

31

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  1  985.3141 applies to children placed in programs in this

  2  restrictiveness level.

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

  4  models at this commitment level are residential but may allow

  5  youth to have supervised access to the community.  Facilities

  6  are either environmentally secure or are hardware-secure with

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

  8  24-hour awake supervision, custody, care, and treatment of

  9  residents. Youth assessed and classified for placement in

10  programs at in this commitment restrictiveness level represent

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

12  for children who require close supervision but do not need

13  placement in facilities that are physically secure.  Programs

14  in the moderate-risk residential restrictiveness level provide

15  24-hour awake supervision, custody, care, and treatment.  Upon

16  specific appropriation, a facility at this restrictiveness

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

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

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

20  restrictiveness level may seclude a child who is a physical

21  threat to himself or herself or others.  Mechanical restraint

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

23  this restrictiveness level include: halfway houses, START

24  Centers, the Dade Intensive Control Program, licensed

25  substance abuse residential programs, and moderate-term

26  wilderness programs designed for committed delinquent youth

27  that are operated or contracted by the Department of Juvenile

28  Justice.  Section 985.3141 applies to children placed in

29  programs in this restrictiveness level.

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

31  models at this commitment level are residential and shall not

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




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

  2  hardware-secure with perimeter fencing and locking doors.

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

  4  care, and treatment of residents.  Youth assessed and

  5  classified for this level of placement require close

  6  supervision in a structured residential setting that provides

  7  24-hour-per-day secure custody, care, and supervision.

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

  9  concern for public safety that outweighs placement in programs

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

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

12  threat to himself or herself or others.  Mechanical restraint

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

14  single cell occupancy. Programs or program models in this

15  level are staff-secure or physically secure residential

16  commitment facilities and include: training schools, intensive

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

18  wilderness programs designed exclusively for committed

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

20  and the Broward Control Treatment Center. Section 985.3141

21  applies to children placed in programs in this restrictiveness

22  level.

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

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

25  this commitment level include juvenile correctional facilities

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

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

28  Facilities are maximum-custody hardware-secure with perimeter

29  security fencing and locking doors.  Facilities shall provide

30  24-hour awake supervision, custody, care, and treatment of

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

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




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

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

  3  necessary.  The facility shall provide for single cell

  4  occupancy, except that youth may be housed together during

  5  prerelease transition. Youth assessed and classified for this

  6  level of placement require close supervision in a maximum

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

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

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

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

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

12  facilities that are intended to provide a moderate overlay of

13  educational, vocational, and behavioral-modification services

14  and other maximum-security program models authorized by the

15  Legislature and established by rule.  Section 985.3141 applies

16  to children placed in programs in this restrictiveness level.

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

18  985.21, Florida Statutes, is amended to read:

19         985.21  Intake and case management.--

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

21  probation officer shall screen each child or shall cause each

22  child to be screened in order to determine:

23         1.  Appropriateness for release, referral to a

24  diversionary program including, but not limited to, a

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

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

27  nonofficial or nonjudicial handling.

28         2.  The presence of medical, psychiatric,

29  psychological, substance abuse, educational, or vocational

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

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

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




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

  2  determine whether the child poses a danger to himself or

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

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

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

  6  nonjudicial handling of the case is chosen, the juvenile

  7  probation officer shall attempt to refer the child to a

  8  program or agency, together with all available and relevant

  9  assessment information concerning the child's precipitating

10  condition.

11         3.  The Department of Juvenile Justice shall develop an

12  intake and a case management system whereby a child brought

13  into intake is assigned a juvenile probation officer if the

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

15  referred for community arbitration, or referred to some other

16  program or agency for the purpose of nonofficial or

17  nonjudicial handling, and shall make every reasonable effort

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

19  however, that case management for children committed to

20  residential programs may be transferred as provided in s.

21  985.316.

22         4.  In addition to duties specified in other sections

23  and through departmental rules, the assigned juvenile

24  probation officer shall be responsible for the following:

25         a.  Ensuring that a risk assessment instrument

26  establishing the child's eligibility for detention has been

27  accurately completed and that the appropriate recommendation

28  was made to the court.

29         b.  Inquiring as to whether the child understands his

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

31

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  1         c.  Performing the preliminary screening and making

  2  referrals for comprehensive assessment regarding the child's

  3  need for substance abuse treatment services, mental health

  4  services, retardation services, literacy services, or other

  5  educational or treatment services.

  6         d.  Coordinating the multidisciplinary assessment when

  7  required, which includes the classification and placement

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

  9  classification, and treatment plan. When sufficient evidence

10  exists to warrant a comprehensive assessment and the child

11  fails to voluntarily participate in the assessment efforts, it

12  is the responsibility of the juvenile probation officer to

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

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

15  assessment, classification, and placement process shall

16  develop into the predisposition report.

17         e.  Making recommendations for services and

18  facilitating the delivery of those services to the child,

19  including any mental health services, educational services,

20  family counseling services, family assistance services, and

21  substance abuse services. The juvenile probation officer shall

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

23  coordinating, and monitoring the services provided to the

24  child. Each program administrator within the Department of

25  Children and Family Services shall cooperate with the primary

26  case manager in carrying out the duties and responsibilities

27  described in this section.

28

29  The Department of Juvenile Justice shall annually advise the

30  Legislature and the Executive Office of the Governor of the

31  resources needed in order for the intake and case management

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




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

  2  with accepted standards and allows the necessary supervision

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

  4  management system shall provide a comprehensive approach to

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

  6  appropriate handling, and shall be based on an individualized

  7  treatment plan.

  8         Section 3.  Present paragraph (d) of subsection (5) of

  9  section 985.215, Florida Statutes, is redesignated as

10  paragraph (e), and a new paragraph (d) is added to that

11  subsection to read:

12         985.215  Detention.--

13         (5)

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

15  time of the adjudicatory hearing, but for whom residential

16  commitment is anticipated or recommended, may be placed under

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

18  excluding weekends and legal holidays, for the purpose of

19  conducting a comprehensive evaluation as provided in s.

20  985.229(1).  Motions for the issuance of such special

21  detention order may be made subsequent to a finding of

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

23  hearing to determine the appropriateness of such special

24  detention order and shall order the least restrictive level of

25  detention necessary to complete the comprehensive evaluation

26  process that is consistent with public safety.  Such special

27  detention order may be extended for an additional 72 hours

28  upon further order of the court.

29         Section 4.  Subsections (1) and (3) of section 985.229,

30  Florida Statutes, are amended to read:

31         985.229  Predisposition report; other evaluations.--

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  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  shall be ordered for any child for whom a residential

23  commitment disposition is anticipated or recommended by an

24  officer of the court or by the department. If a comprehensive

25  evaluation is ordered, the predisposition report shall include

26  a summary of the comprehensive evaluation. The predisposition

27  report shall be submitted to the court upon completion of the

28  report but no later than 48 hours prior to the disposition

29  hearing. The predisposition report, but shall not be reviewed

30  by the court without the consent of the child and his or her

31

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  1  legal counsel until the child has been found to have committed

  2  a delinquent 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 5.  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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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  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.

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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 6.  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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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  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 of 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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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  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 7.  Subsection (4) of section 985.404, Florida

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

  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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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




  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 8.  This act shall take effect January 1, 2001.

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    Florida Senate - 2000                                  SB 2336
    12-1715-00                                              See HB




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

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