Senate Bill 2336c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
By the Committee on Criminal Justice and Senator Webster
307-1945-00
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 amending s. 985.231, F.S.; providing that the
25 child's length of stay in a residential
26 commitment program shall be based on objective
27 performance-based treatment planning; requiring
28 monthly progress reports to the court;
29 authorizing extension of the child's length of
30 stay if the child fails to comply with or
31 participate in treatment activities;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 prohibiting extension of the child's length of
2 stay for purposes of sanction or punishment;
3 requiring any temporary release to be approved
4 by the court; requiring communication to the
5 court of the child's treatment plan progress
6 and adjustment-related issues upon request to
7 release the child; amending s. 985.404, F.S.;
8 requiring notice of intent to transfer a child
9 from a commitment facility or program; creating
10 a workgroup to make recommendations for a
11 system of classification and placement;
12 providing minimum considerations; providing
13 minimum membership; providing for testing and
14 validation of the system; providing for a
15 report to the Governor and Legislature;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (47) of section 985.03, Florida
21 Statutes, is amended to read:
22 985.03 Definitions.--When used in this chapter, the
23 term:
24 (47) "Residential commitment Restrictiveness level"
25 means the level of security custody provided by programs that
26 service the supervision, custody, and care, and treatment
27 needs of committed children. Sections 985.3141 and 985.404(13)
28 apply to children placed in programs at any residential
29 commitment level. The levels of residential commitment are as
30 follows There shall be five restrictiveness levels:
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 (a) Minimum-risk nonresidential.--Youth assessed and
2 classified for placement in programs at this restrictiveness
3 level represent a minimum risk to themselves and public safety
4 and do not require placement and services in residential
5 settings. Programs or program models in this restrictiveness
6 level include: community counselor supervision programs,
7 special intensive group programs, nonresidential marine
8 programs, nonresidential training and rehabilitation centers,
9 and other local community nonresidential programs, including
10 any nonresidential program or supervision program that is used
11 for aftercare placement.
12 (a)(b) Low-risk residential.--Programs or program
13 models at this commitment level are residential but may allow
14 youth to have unsupervised access to the community. The
15 department may elect to require a facility to provide 24-hour
16 awake supervision of residents. Youth assessed and classified
17 for placement in programs at this commitment level represent a
18 low risk to themselves and public safety but and do require
19 placement and services in residential settings. Children who
20 have been found to have committed delinquent acts that involve
21 firearms, delinquent acts that are sexual offenses, or
22 delinquent acts that would be life felonies or first degree
23 felonies if committed by an adult shall not be committed to a
24 program at this level. Programs or program models in this
25 restrictiveness level include: Short Term Offender Programs
26 (STOP), group treatment homes, family group homes, proctor
27 homes, and Short Term Environmental Programs (STEP). Section
28 985.3141 applies to children placed in programs in this
29 restrictiveness level.
30 (b)(c) Moderate-risk residential.--Programs or program
31 models at this commitment level are residential but may allow
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 youth to have supervised access to the community. Facilities
2 are either environmentally secure, staff secure, or are
3 hardware-secure with walls, fencing, or locking doors.
4 Facilities shall provide 24-hour awake supervision, custody,
5 care, and treatment of residents. Youth assessed and
6 classified for placement in programs at in this commitment
7 restrictiveness level represent a moderate risk to public
8 safety and. Programs are designed for children who require
9 close supervision but do not need placement in facilities that
10 are physically secure. Programs in the moderate-risk
11 residential restrictiveness level provide 24-hour awake
12 supervision, custody, care, and treatment. Upon specific
13 appropriation, a facility at this restrictiveness level may
14 have a security fence around the perimeter of the grounds of
15 the facility and may be hardware-secure or staff-secure. The
16 staff at a facility at this commitment restrictiveness level
17 may seclude a child who is a physical threat to himself or
18 herself or others. Mechanical restraint may also be used when
19 necessary. Programs or program models in this restrictiveness
20 level include: halfway houses, START Centers, the Dade
21 Intensive Control Program, licensed substance abuse
22 residential programs, and moderate-term wilderness programs
23 designed for committed delinquent youth that are operated or
24 contracted by the Department of Juvenile Justice. Section
25 985.3141 applies to children placed in programs in this
26 restrictiveness level.
27 (c)(d) High-risk residential.--Programs or program
28 models at this commitment level are residential and shall not
29 allow youth to have access to the community. Facilities are
30 hardware-secure with perimeter fencing and locking doors.
31 Facilities shall provide 24-hour awake supervision, custody,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 care, and treatment of residents. Youth assessed and
2 classified for this level of placement require close
3 supervision in a structured residential setting that provides
4 24-hour-per-day secure custody, care, and supervision.
5 Placement in programs at in this level is prompted by a
6 concern for public safety that outweighs placement in programs
7 at lower restrictiveness levels. The staff at a facility at
8 this commitment level may seclude a child who is a physical
9 threat to himself or herself or others. Mechanical restraint
10 may also be used when necessary. The facility may provide for
11 single cell occupancy. Programs or program models in this
12 level are staff-secure or physically secure residential
13 commitment facilities and include: training schools, intensive
14 halfway houses, residential sex offender programs, long-term
15 wilderness programs designed exclusively for committed
16 delinquent youth, boot camps, secure halfway house programs,
17 and the Broward Control Treatment Center. Section 985.3141
18 applies to children placed in programs in this restrictiveness
19 level.
20 (d)(e) Maximum-risk residential Juvenile correctional
21 facilities or juvenile prison.--Programs or program models at
22 this commitment level include juvenile correctional facilities
23 and juvenile prisons. The programs are long-term residential
24 and shall not allow youth to have access to the community.
25 Facilities are maximum-custody hardware-secure with perimeter
26 security fencing and locking doors. Facilities shall provide
27 24-hour awake supervision, custody, care, and treatment of
28 residents. The staff at a facility at this commitment level
29 may seclude a child who is a physical threat to himself or
30 herself or others. Mechanical restraint may also be used when
31 necessary. The facility shall provide for single cell
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 occupancy, except that youth may be housed together during
2 prerelease transition. Youth assessed and classified for this
3 level of placement require close supervision in a maximum
4 security residential setting that provides 24-hour-per-day
5 secure custody, care, and supervision. Placement in a program
6 at in this level is prompted by a demonstrated need to protect
7 the public. Programs or program models in this level are
8 maximum-secure-custody, long-term residential commitment
9 facilities that are intended to provide a moderate overlay of
10 educational, vocational, and behavioral-modification services
11 and other maximum-security program models authorized by the
12 Legislature and established by rule. Section 985.3141 applies
13 to children placed in programs in this restrictiveness level.
14 Section 2. Paragraph (a) of subsection (1) of section
15 985.21, Florida Statutes, is amended to read:
16 985.21 Intake and case management.--
17 (1)(a) During the intake process, the juvenile
18 probation officer shall screen each child or shall cause each
19 child to be screened in order to determine:
20 1. Appropriateness for release, referral to a
21 diversionary program including, but not limited to, a
22 teen-court program, referral for community arbitration, or
23 referral to some other program or agency for the purpose of
24 nonofficial or nonjudicial handling.
25 2. The presence of medical, psychiatric,
26 psychological, substance abuse, educational, or vocational
27 problems, or other conditions that may have caused the child
28 to come to the attention of law enforcement or the Department
29 of Juvenile Justice. The child shall also be screened to
30 determine whether the child poses a danger to himself or
31 herself or others in the community. The results of this
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 screening shall be made available to the court and to court
2 officers. In cases where such conditions are identified, and a
3 nonjudicial handling of the case is chosen, the juvenile
4 probation officer shall attempt to refer the child to a
5 program or agency, together with all available and relevant
6 assessment information concerning the child's precipitating
7 condition.
8 3. The Department of Juvenile Justice shall develop an
9 intake and a case management system whereby a child brought
10 into intake is assigned a juvenile probation officer if the
11 child was not released, referred to a diversionary program,
12 referred for community arbitration, or referred to some other
13 program or agency for the purpose of nonofficial or
14 nonjudicial handling, and shall make every reasonable effort
15 to provide case management services for the child; provided,
16 however, that case management for children committed to
17 residential programs may be transferred as provided in s.
18 985.316.
19 4. In addition to duties specified in other sections
20 and through departmental rules, the assigned juvenile
21 probation officer shall be responsible for the following:
22 a. Ensuring that a risk assessment instrument
23 establishing the child's eligibility for detention has been
24 accurately completed and that the appropriate recommendation
25 was made to the court.
26 b. Inquiring as to whether the child understands his
27 or her rights to counsel and against self-incrimination.
28 c. Performing the preliminary screening and making
29 referrals for comprehensive assessment regarding the child's
30 need for substance abuse treatment services, mental health
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 services, retardation services, literacy services, or other
2 educational or treatment services.
3 d. Coordinating the multidisciplinary assessment when
4 required, which includes the classification and placement
5 process that determines the child's priority needs, risk
6 classification, and treatment plan. When sufficient evidence
7 exists to warrant a comprehensive assessment and the child
8 fails to voluntarily participate in the assessment efforts, it
9 is the responsibility of the juvenile probation officer to
10 inform the court of the need for the assessment and the
11 refusal of the child to participate in such assessment. This
12 assessment, classification, and placement process shall
13 develop into the predisposition report.
14 e. Making recommendations for services and
15 facilitating the delivery of those services to the child,
16 including any mental health services, educational services,
17 family counseling services, family assistance services, and
18 substance abuse services. The juvenile probation officer shall
19 serve as the primary case manager for the purpose of managing,
20 coordinating, and monitoring the services provided to the
21 child. Each program administrator within the Department of
22 Children and Family Services shall cooperate with the primary
23 case manager in carrying out the duties and responsibilities
24 described in this section.
25
26 The Department of Juvenile Justice shall annually advise the
27 Legislature and the Executive Office of the Governor of the
28 resources needed in order for the intake and case management
29 system to maintain a staff-to-client ratio that is consistent
30 with accepted standards and allows the necessary supervision
31 and services for each child. The intake process and case
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 management system shall provide a comprehensive approach to
2 assessing the child's needs, relative risks, and most
3 appropriate handling, and shall be based on an individualized
4 treatment plan.
5 Section 3. Present paragraph (d) of subsection (5) of
6 section 985.215, Florida Statutes, is redesignated as
7 paragraph (e), and a new paragraph (d) is added to that
8 subsection to read:
9 985.215 Detention.--
10 (5)
11 (d) A child who was not in secure detention at the
12 time of the adjudicatory hearing, but for whom residential
13 commitment is anticipated or recommended, may be placed under
14 a special detention order for a period not to exceed 72 hours,
15 excluding weekends and legal holidays, for the purpose of
16 conducting a comprehensive evaluation as provided in s.
17 985.229(1). Motions for the issuance of such special
18 detention order may be made subsequent to a finding of
19 delinquency. Upon said motion, the court shall conduct a
20 hearing to determine the appropriateness of such special
21 detention order and shall order the least restrictive level of
22 detention necessary to complete the comprehensive evaluation
23 process that is consistent with public safety. Such special
24 detention order may be extended for an additional 72 hours
25 upon further order of the court.
26 Section 4. Subsections (1) and (3) of section 985.229,
27 Florida Statutes, are amended to read:
28 985.229 Predisposition report; other evaluations.--
29 (1) Upon a finding that the child has committed a
30 delinquent act At the disposition hearing, the court may shall
31 order a predisposition report regarding the eligibility of the
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 child for disposition other than by adjudication and
2 commitment to the department or for disposition of
3 adjudication, commitment to the department, and, if
4 appropriate, assignment of a residential commitment level.
5 The predisposition report shall be the result of the
6 multidisciplinary assessment when such assessment is needed,
7 and of the classification and placement process, and it shall
8 indicate and report the child's priority needs,
9 recommendations as to a classification of risk for the child
10 in the context of his or her program and supervision needs,
11 and a plan for treatment that recommends the most appropriate
12 placement setting to meet the child's needs with the minimum
13 program security that reasonably ensures public safety. A
14 predisposition report shall be ordered for any child for whom
15 a residential commitment disposition is anticipated or
16 recommended by an officer of the court or by the department. A
17 comprehensive evaluation for physical health, mental health,
18 substance abuse, academic, educational, or vocational problems
19 shall be ordered for any child for whom a residential
20 commitment disposition is anticipated or recommended by an
21 officer of the court or by the department. If a comprehensive
22 evaluation is ordered, the predisposition report shall include
23 a summary of the comprehensive evaluation. The predisposition
24 report shall be submitted to the court upon completion of the
25 report but no later than 48 hours prior to the disposition
26 hearing. The predisposition report, but shall not be reviewed
27 by the court without the consent of the child and his or her
28 legal counsel until the child has been found to have committed
29 a delinquent act.
30 (3) The predisposition report, together with all other
31 reports and evaluations used by the department in preparing
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 the predisposition report, shall be made available to the
2 child, the child's parents or legal guardian, the child's
3 legal counsel, and the state attorney upon completion of the
4 report and at a reasonable time prior to the disposition
5 hearing.
6 Section 5. Subsection (2) of section 985.23, Florida
7 Statutes, is amended to read:
8 985.23 Disposition hearings in delinquency
9 cases.--When a child has been found to have committed a
10 delinquent act, the following procedures shall be applicable
11 to the disposition of the case:
12 (2) The first determination to be made by the court is
13 a determination of the suitability or nonsuitability for
14 adjudication and commitment of the child to the department.
15 This determination shall include consideration of the
16 recommendations of the department, which may include a
17 predisposition report. be based upon The predisposition report
18 which shall include, whether as part of the child's
19 multidisciplinary assessment, classification, and placement
20 process components or separately, evaluation of the following
21 criteria:
22 (a) The seriousness of the offense to the community.
23 If the court determines that the child was a member of a
24 criminal street gang at the time of the commission of the
25 offense, which determination shall be made pursuant to chapter
26 874, the seriousness of the offense to the community shall be
27 given great weight.
28 (b) Whether the protection of the community requires
29 adjudication and commitment to the department.
30 (c) Whether the offense was committed in an
31 aggressive, violent, premeditated, or willful manner.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 (d) Whether the offense was against persons or against
2 property, greater weight being given to offenses against
3 persons, especially if personal injury resulted.
4 (e) The sophistication and maturity of the child.
5 (f) The record and previous criminal history of the
6 child, including without limitations:
7 1. Previous contacts with the department, the former
8 Department of Health and Rehabilitative Services, the
9 Department of Children and Family Services, the Department of
10 Corrections, other law enforcement agencies, and courts;
11 2. Prior periods of probation or community control;
12 3. Prior adjudications of delinquency; and
13 4. Prior commitments to institutions.
14 (g) The prospects for adequate protection of the
15 public and the likelihood of reasonable rehabilitation of the
16 child if committed to a community services program or
17 facility.
18 Section 6. Paragraph (d) of subsection (1) of section
19 985.231, Florida Statutes, is amended to read:
20 985.231 Powers of disposition in delinquency cases.--
21 (1)
22 (d) Any commitment of a delinquent child to the
23 Department of Juvenile Justice must be for an indeterminate
24 period of time, which may include periods of temporary
25 release, but the time may not exceed the maximum term of
26 imprisonment that an adult may serve for the same offense. The
27 duration of the child's placement in a residential commitment
28 program of any level shall be based on objective
29 performance-based treatment planning. The child's treatment
30 plan progress and adjustment-related issues shall be reported
31 to the court each month. The child's length of stay in a
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 residential commitment program may be extended if the child
2 fails to comply with or participate in treatment activities.
3 The child's length of stay in such program shall not be
4 extended for purposes of sanction or punishment. Any temporary
5 release from such program for a period greater than 3 days
6 must be approved by the court. Any child so committed may be
7 discharged from institutional confinement or a program upon
8 the direction of the department with the concurrence of the
9 court. The child's treatment plan progress and
10 adjustment-related issues must be communicated to the court at
11 the time the department requests the court to consider
12 releasing the child from the residential commitment program.
13 Notwithstanding s. 743.07 and this subsection, and except as
14 provided in s. 985.31, a child may not be held under a
15 commitment from a court pursuant to this section after
16 becoming 21 years of age. The department shall give the court
17 that committed the child to the department reasonable notice,
18 in writing, of its desire to discharge the child from a
19 commitment facility. The court that committed the child may
20 thereafter accept or reject the request. If the court does not
21 respond within 10 days after receipt of the notice, the
22 request of the department shall be deemed granted. This
23 section does not limit the department's authority to revoke a
24 child's temporary release status and return the child to a
25 commitment facility for any violation of the terms and
26 conditions of the temporary release.
27 Section 7. Subsection (4) of section 985.404, Florida
28 Statutes, is amended, and subsection (14) is added to that
29 section, to read:
30 985.404 Administering the juvenile justice
31 continuum.--
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 (4) The department may transfer a child, when
2 necessary to appropriately administer the child's commitment,
3 from one facility or program to another facility or program
4 operated, contracted, subcontracted, or designated by the
5 department, including a postcommitment minimum-risk
6 nonresidential aftercare program. The department shall notify
7 the court that committed the child to the department and any
8 attorney of record, in writing, of its intent to transfer of
9 the child from a commitment facility or program to another
10 facility or program of a higher or lower restrictiveness
11 level. The court that committed the child may agree to the
12 transfer or may set a hearing to review the transfer. If the
13 court does not respond within 10 days after receipt of the
14 notice, the transfer of the child shall be deemed granted.
15 (14) A classification and placement workgroup is
16 established, with minimum membership to be composed of two
17 juvenile court judges, two state attorneys or their designated
18 assistants, two public defenders or their designated
19 assistants, representatives of two law enforcement agencies,
20 and representatives of two providers of juvenile justice
21 services. Other interested parties may also participate. The
22 workgroup shall make recommendations concerning the
23 development of a system for classifying and placing juvenile
24 offenders who are committed to residential programs. At a
25 minimum, the recommended system of classification and
26 placement shall consider the age and gender of the child, the
27 seriousness of the delinquent act for which the child is being
28 committed, whether the child has a history of committing
29 delinquent acts, the child's physical health, the child's
30 mental health, whether the child has a history of substance
31 use or abuse, and the child's academic or vocational needs.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 2336
307-1945-00
1 The workgroup shall also consider whether other factors are
2 appropriate for inclusion in the recommended classification
3 and placement system, including the appropriateness of
4 graduated sanctions for repeat offenders. The workgroup shall
5 recommend a process for testing and validating the
6 effectiveness of the recommended classification and placement
7 system. The workgroup shall provide a report of these
8 recommendations to the Governor, the Speaker of the House of
9 Representatives, and the President of the Senate no later than
10 September 30, 2001.
11 Section 8. This act shall take effect January 1, 2001.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 2336
15
16 Deletes the provision requiring the court to state its reasons
on the record for differing from the department's
17 recommendations for dispositions.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
15