Senate Bill 2336c2

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    Florida Senate - 2000                    CS for CS for SB 2336

    By the Committees on Governmental Oversight and Productivity;
    Criminal Justice; and Senator Webster




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  1                      A bill to be entitled

  2         An act relating to classification and placement

  3         of juveniles; amending s. 984.03, F.S.;

  4         revising definitions for purposes of ch. 984,

  5         F.S., relating to children and families in need

  6         of services; amending s. 985.03, F.S.; revising

  7         definitions relating to community control and

  8         restrictiveness levels; amending s. 985.21,

  9         F.S.; providing additional intake screening

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

11         providing for a special detention order to

12         allow comprehensive evaluation upon a finding

13         of delinquency; 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; requiring the

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         providing for sanctions to include

28         day-treatment probation programs; amending s.

29         985.231, F.S.; providing that the child's

30         length of stay in a residential commitment

31         program shall be based on objective

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  1         performance-based treatment planning; requiring

  2         monthly progress reports to the court;

  3         authorizing extension of the child's length of

  4         stay if the child fails to comply with or

  5         participate in treatment activities;

  6         prohibiting extension of the child's length of

  7         stay for purposes of sanction or punishment;

  8         requiring any temporary release to be approved

  9         by the court; requiring communication to the

10         court of the child's treatment plan progress

11         and adjustment-related issues upon request to

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

13         requiring notice of intent to transfer a child

14         from a commitment facility or program; creating

15         a workgroup to make recommendations for a

16         system of classification and placement;

17         providing minimum considerations; providing

18         minimum membership; providing for testing and

19         validation of the system; providing for a

20         report to the Governor and Legislature;

21         creating the position of youth custody officer

22         within the Department of Juvenile Justice;

23         providing duties of youth custody officers;

24         providing for qualifications; requiring youth

25         custody officers to inform local law

26         enforcement agencies of their official

27         activities; providing an effective date.

28

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

30

31

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  1         Section 1.  Subsections (27), (45), and (48) of section

  2  984.03, Florida Statutes, are amended to read:

  3         984.03  Definitions.--When used in this chapter, the

  4  term:

  5         (27)  "Family in need of services" means a family that

  6  has a child who is running away; who is persistently

  7  disobeying reasonable and lawful demands of the parent or

  8  legal custodian and is beyond the control of the parent or

  9  legal custodian; or who is habitually truant from school or

10  engaging in other serious behaviors that place the child at

11  risk of future abuse, neglect, or abandonment or at risk of

12  entering the juvenile justice system for whom there is no

13  pending investigation into an allegation of abuse, neglect, or

14  abandonment or no current supervision by the Department of

15  Juvenile Justice or the Department of Children and Family

16  Services for an adjudication of dependency or delinquency. The

17  child must be also have been referred to a law enforcement

18  agency, or the Department of Juvenile Justice, or an agency

19  contracted to provide services to children in need of

20  services. A family is not eligible to receive services if, at

21  the time of the referral, there is an open investigation into

22  an allegation of abuse, neglect, or abandonment or if the

23  child is currently under supervision by the Department of

24  Juvenile Justice or the Department of Children and Family

25  Services due to an adjudication of dependency or delinquency.

26  for:

27         (a)  Running away from parents or legal custodians;

28         (b)  Persistently disobeying reasonable and lawful

29  demands of parents or legal custodians and being beyond their

30  control; or

31         (c)  Habitual truancy from school.

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  1         (45)  "Preventive services" means social services and

  2  other supportive and rehabilitative services provided to the

  3  parent of the child, the legal guardian of the child, or the

  4  custodian of the child and to the child for the purpose of

  5  averting the removal of the child from the home or disruption

  6  of a family which will or could result in an adjudication that

  7  orders the placement of a child into in foster care or into

  8  the delinquency system or that will or could result in the

  9  child living on the street.  Social services and other

10  supportive and rehabilitative services may include the

11  provision of assessment and screening services; individual,

12  group, or family counseling; specialized educational and

13  vocational services; temporary shelter for the child; outreach

14  services for children living on the street; independent living

15  services to assist adolescents in achieving a successful

16  transition to adulthood; and other specialized services shall

17  promote the child's need for a safe, continuous, stable,

18  living environment and shall promote family autonomy and shall

19  strengthen family life as the first priority whenever

20  possible.

21         (48)  "Reunification services" means social services

22  and other supportive and rehabilitative services provided to

23  the parent of the child, the legal guardian of the child, or

24  the custodian of the child, whichever is applicable; the

25  child; and, where appropriate, the foster parents of the child

26  for the purpose of enabling a child who has been placed in

27  temporary shelter foster care to return to his or her family

28  at the earliest possible time.  Social services and other

29  supportive and rehabilitative services shall be consistent

30  with promote the child's need for a safe, continuous, and

31  stable, living environment and shall promote the strengthening

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  1  of family autonomy and strengthen family life as a first

  2  priority whenever possible.

  3         Section 2.  Subsections (13) and (47) of section

  4  985.03, Florida Statutes, are amended to read:

  5         985.03  Definitions.--When used in this chapter, the

  6  term:

  7         (13)  "Community control" means the legal status of

  8  probation created by law and court order in cases involving a

  9  child who has been found to have committed a delinquent act.

10  Community control is an individualized program in which the

11  freedom of the child is limited and the child is restricted to

12  noninstitutional quarters or restricted to the child's home in

13  lieu of commitment to the custody of the Department of

14  Juvenile Justice. Youth on probation may be assessed and

15  classified for placement in day-treatment probation programs

16  designed for youth who represent a minimum risk to themselves

17  and public safety and do not require placement and services in

18  a residential setting. Program types in this more intensive

19  and structured day-treatment probation option include

20  vocational programs, marine programs, juvenile justice

21  alternative schools, training and rehabilitation programs, and

22  gender-specific programs.

23         (47)  "Residential commitment Restrictiveness level"

24  means the level of security custody provided by programs that

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

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

27  apply to children placed in programs at any residential

28  commitment level.  The levels of residential commitment are as

29  follows There shall be five restrictiveness levels:

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

31  classified for placement in programs at this restrictiveness

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  1  level represent a minimum risk to themselves and public safety

  2  and do not require placement and services in residential

  3  settings. Programs or program models in this restrictiveness

  4  level include: community counselor supervision programs,

  5  special intensive group programs, nonresidential marine

  6  programs, nonresidential training and rehabilitation centers,

  7  and other local community nonresidential programs, including

  8  any nonresidential program or supervision program that is used

  9  for aftercare placement.

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

11  models at this commitment level are residential but may allow

12  youth to have unsupervised access to the community.  The

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

14  awake supervision of residents. Youth assessed and classified

15  for placement in programs at this commitment level represent a

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

17  placement and services in residential settings. Children who

18  have been found to have committed delinquent acts that involve

19  firearms, delinquent acts that are sexual offenses, or

20  delinquent acts that would be life felonies or first degree

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

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

23  restrictiveness level include: Short Term Offender Programs

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

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

26  985.3141 applies to children placed in programs in this

27  restrictiveness level.

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

29  models at this commitment level are residential but may allow

30  youth to have supervised access to the community.  Facilities

31  are either environmentally secure, staff secure, or are

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  1  hardware-secure with walls, fencing, or locking doors.

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

  3  care, and treatment of residents. Youth assessed and

  4  classified for placement in programs at in this commitment

  5  restrictiveness level represent a moderate risk to public

  6  safety and.  Programs are designed for children who require

  7  close supervision but do not need placement in facilities that

  8  are physically secure.  Programs in the moderate-risk

  9  residential restrictiveness level provide 24-hour awake

10  supervision, custody, care, and treatment.  Upon specific

11  appropriation, a facility at this restrictiveness level may

12  have a security fence around the perimeter of the grounds of

13  the facility and may be hardware-secure or staff-secure. The

14  staff at a facility at this commitment restrictiveness level

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

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

17  necessary. Programs or program models in this restrictiveness

18  level include: halfway houses, START Centers, the Dade

19  Intensive Control Program, licensed substance abuse

20  residential programs, and moderate-term wilderness programs

21  designed for committed delinquent youth that are operated or

22  contracted by the Department of Juvenile Justice.  Section

23  985.3141 applies to children placed in programs in this

24  restrictiveness level.

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

26  models at this commitment level are residential and shall not

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

28  hardware-secure with perimeter fencing and locking doors.

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

30  care, and treatment of residents.  Youth assessed and

31  classified for this level of placement require close

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  1  supervision in a structured residential setting that provides

  2  24-hour-per-day secure custody, care, and supervision.

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

  4  concern for public safety that outweighs placement in programs

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

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

  7  threat to himself or herself or others.  Mechanical restraint

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

  9  single cell occupancy. Programs or program models in this

10  level are staff-secure or physically secure residential

11  commitment facilities and include: training schools, intensive

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

13  wilderness programs designed exclusively for committed

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

15  and the Broward Control Treatment Center. Section 985.3141

16  applies to children placed in programs in this restrictiveness

17  level.

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

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

20  this commitment level include juvenile correctional facilities

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

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

23  Facilities are maximum-custody hardware-secure with perimeter

24  security fencing and locking doors.  Facilities shall provide

25  24-hour awake supervision, custody, care, and treatment of

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

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

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

29  necessary.  The facility shall provide for single cell

30  occupancy, except that youth may be housed together during

31  prerelease transition. Youth assessed and classified for this

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  1  level of placement require close supervision in a maximum

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

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

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

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

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

  7  facilities that are intended to provide a moderate overlay of

  8  educational, vocational, and behavioral-modification services

  9  and other maximum-security program models authorized by the

10  Legislature and established by rule.  Section 985.3141 applies

11  to children placed in programs in this restrictiveness level.

12         Section 3.  Paragraph (a) of subsection (1) of section

13  985.21, Florida Statutes, is amended to read:

14         985.21  Intake and case management.--

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

16  probation officer shall screen each child or shall cause each

17  child to be screened in order to determine:

18         1.  Appropriateness for release, referral to a

19  diversionary program including, but not limited to, a

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

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

22  nonofficial or nonjudicial handling.

23         2.  The presence of medical, psychiatric,

24  psychological, substance abuse, educational, or vocational

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

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

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

28  determine whether the child poses a danger to himself or

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

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

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

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  1  nonjudicial handling of the case is chosen, the juvenile

  2  probation officer shall attempt to refer the child to a

  3  program or agency, together with all available and relevant

  4  assessment information concerning the child's precipitating

  5  condition.

  6         3.  The Department of Juvenile Justice shall develop an

  7  intake and a case management system whereby a child brought

  8  into intake is assigned a juvenile probation officer if the

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

10  referred for community arbitration, or referred to some other

11  program or agency for the purpose of nonofficial or

12  nonjudicial handling, and shall make every reasonable effort

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

14  however, that case management for children committed to

15  residential programs may be transferred as provided in s.

16  985.316.

17         4.  In addition to duties specified in other sections

18  and through departmental rules, the assigned juvenile

19  probation officer shall be responsible for the following:

20         a.  Ensuring that a risk assessment instrument

21  establishing the child's eligibility for detention has been

22  accurately completed and that the appropriate recommendation

23  was made to the court.

24         b.  Inquiring as to whether the child understands his

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

26         c.  Performing the preliminary screening and making

27  referrals for comprehensive assessment regarding the child's

28  need for substance abuse treatment services, mental health

29  services, retardation services, literacy services, or other

30  educational or treatment services.

31

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  1         d.  Coordinating the multidisciplinary assessment when

  2  required, which includes the classification and placement

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

  4  classification, and treatment plan. When sufficient evidence

  5  exists to warrant a comprehensive assessment and the child

  6  fails to voluntarily participate in the assessment efforts, it

  7  is the responsibility of the juvenile probation officer to

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

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

10  assessment, classification, and placement process shall

11  develop into the predisposition report.

12         e.  Making recommendations for services and

13  facilitating the delivery of those services to the child,

14  including any mental health services, educational services,

15  family counseling services, family assistance services, and

16  substance abuse services. The juvenile probation officer shall

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

18  coordinating, and monitoring the services provided to the

19  child. Each program administrator within the Department of

20  Children and Family Services shall cooperate with the primary

21  case manager in carrying out the duties and responsibilities

22  described in this section.

23

24  The Department of Juvenile Justice shall annually advise the

25  Legislature and the Executive Office of the Governor of the

26  resources needed in order for the intake and case management

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

28  with accepted standards and allows the necessary supervision

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

30  management system shall provide a comprehensive approach to

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

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  1  appropriate handling, and shall be based on an individualized

  2  treatment plan.

  3         Section 4.  Present paragraph (d) of subsection (5) of

  4  section 985.215, Florida Statutes, is redesignated as

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

  6  subsection to read:

  7         985.215  Detention.--

  8         (5)

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

10  time of the adjudicatory hearing, but for whom residential

11  commitment is anticipated or recommended, may be placed under

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

13  excluding weekends and legal holidays, for the purpose of

14  conducting a comprehensive evaluation as provided in s.

15  985.229(1).  Motions for the issuance of such special

16  detention order may be made subsequent to a finding of

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

18  hearing to determine the appropriateness of such special

19  detention order and shall order the least restrictive level of

20  detention necessary to complete the comprehensive evaluation

21  process that is consistent with public safety.  Such special

22  detention order may be extended for an additional 72 hours

23  upon further order of the court.

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

25  Florida Statutes, are amended to read:

26         985.229  Predisposition report; other evaluations.--

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

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

29  order a predisposition report regarding the eligibility of the

30  child for disposition other than by adjudication and

31  commitment to the department or for disposition of

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  1  adjudication, commitment to the department, and, if

  2  appropriate, assignment of a residential commitment level.

  3  The predisposition report shall be the result of the

  4  multidisciplinary assessment when such assessment is needed,

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

  6  indicate and report the child's priority needs,

  7  recommendations as to a classification of risk for the child

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

  9  and a plan for treatment that recommends the most appropriate

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

11  program security that reasonably ensures public safety. A

12  predisposition report shall be ordered for any child for whom

13  a residential commitment disposition is anticipated or

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

15  comprehensive evaluation for physical health, mental health,

16  substance abuse, academic, educational, or vocational problems

17  shall be ordered for any child for whom a residential

18  commitment disposition is anticipated or recommended by an

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

20  evaluation is ordered, the predisposition report shall include

21  a summary of the comprehensive evaluation. The predisposition

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

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

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

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

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

27  a delinquent act.

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

29  reports and evaluations used by the department in preparing

30  the predisposition report, shall be made available to the

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

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

  2  report and at a reasonable time prior to the disposition

  3  hearing.

  4         Section 6.  Subsections (2), (4), and (5) of section

  5  985.23, Florida Statutes, are amended to read:

  6         985.23  Disposition hearings in delinquency

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

  8  delinquent act, the following procedures shall be applicable

  9  to the disposition of the case:

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

11  a determination of the suitability or nonsuitability for

12  adjudication and commitment of the child to the department.

13  This determination shall include consideration of the

14  recommendations of the department, which may include a

15  predisposition report. be based upon The predisposition report

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

17  multidisciplinary assessment, classification, and placement

18  process components or separately, evaluation of the following

19  criteria:

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

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

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

23  offense, which determination shall be made pursuant to chapter

24  874, the seriousness of the offense to the community shall be

25  given great weight.

26         (b)  Whether the protection of the community requires

27  adjudication and commitment to the department.

28         (c)  Whether the offense was committed in an

29  aggressive, violent, premeditated, or willful manner.

30

31

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  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         (4)  If the court determines not to adjudicate and

19  commit to the department, then the court shall determine what

20  community-based sanctions it will impose in a community

21  control program for the child.  Community-based sanctions may

22  include, but are not limited to, participation in substance

23  abuse treatment, a day-treatment probation program,

24  restitution in money or in kind, a curfew, revocation or

25  suspension of the driver's license of the child, community

26  service, and appropriate educational programs as determined by

27  the district school board.

28         (5)  After appropriate sanctions for the offense are

29  determined, the court shall develop, approve, and order a plan

30  of community control which will contain rules, requirements,

31  conditions, and rehabilitative programs, including the option

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  1  of a day-treatment probation program, which that are designed

  2  to encourage responsible and acceptable behavior and to

  3  promote both the rehabilitation of the child and the

  4  protection of the community.

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

  6  985.231, Florida Statutes, is amended to read:

  7         985.231  Powers of disposition in delinquency cases.--

  8         (1)

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

10  Department of Juvenile Justice must be for an indeterminate

11  period of time, which may include periods of temporary

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

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

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

15  program of any level shall be based on objective

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

17  plan progress and adjustment-related issues shall be reported

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

19  residential commitment program may be extended if the child

20  fails to comply with or participate in treatment activities.

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

22  extended for purposes of sanction or punishment. Any temporary

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

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

25  discharged from institutional confinement or a program upon

26  the direction of the department with the concurrence of the

27  court. The child's treatment plan progress and

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

29  the time the department requests the court to consider

30  releasing the child from the residential commitment program.

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

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

  2  commitment from a court pursuant to this section after

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

  4  that committed the child to the department reasonable notice,

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

  6  commitment facility. The court that committed the child may

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

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

  9  request of the department shall be deemed granted. This

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

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

12  commitment facility for any violation of the terms and

13  conditions of the temporary release.

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

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

16  section, to read:

17         985.404  Administering the juvenile justice

18  continuum.--

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

20  necessary to appropriately administer the child's commitment,

21  from one facility or program to another facility or program

22  operated, contracted, subcontracted, or designated by the

23  department, including a postcommitment minimum-risk

24  nonresidential aftercare program. The department shall notify

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

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

27  the child from a commitment facility or program to another

28  facility or program of a higher or lower restrictiveness

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

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

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    Florida Senate - 2000                    CS for CS for SB 2336
    302-2133A-00




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

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

  3         (14)  A classification and placement workgroup is

  4  established, with minimum membership to be composed of two

  5  juvenile court judges, two state attorneys or their designated

  6  assistants, two public defenders or their designated

  7  assistants, representatives of two law enforcement agencies,

  8  and representatives of two providers of juvenile justice

  9  services. Other interested parties may also participate. The

10  workgroup shall make recommendations concerning the

11  development of a system for classifying and placing juvenile

12  offenders who are committed to residential programs. At a

13  minimum, the recommended system of classification and

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

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

16  committed, whether the child has a history of committing

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

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

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

20  The workgroup shall also consider whether other factors are

21  appropriate for inclusion in the recommended classification

22  and placement system, including the appropriateness of

23  graduated sanctions for repeat offenders. The workgroup shall

24  recommend a process for testing and validating the

25  effectiveness of the recommended classification and placement

26  system. The workgroup shall provide a report of these

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

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

29  September 30, 2001.

30         Section 9.  Youth custody officer.--

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    Florida Senate - 2000                    CS for CS for SB 2336
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  1         (1)  There is created within the Department of Juvenile

  2  Justice the position of youth custody officer. The duties of

  3  each youth custody officer shall be to take youth into custody

  4  if the officer has probable cause to believe that the youth

  5  has violated the conditions of probation, home detention,

  6  conditional release, or postcommitment probation, or has

  7  failed to appear in court after being properly noticed. The

  8  authority of the youth custody officer to take youth into

  9  custody is specifically limited to this purpose.

10         (2)  A youth custody officer must meet the minimum

11  qualifications for employment or appointment, be certified

12  under chapter 943, Florida Statutes, and comply with the

13  requirements for continued employment required by section

14  943.135, Florida Statutes. The Department of Juvenile Justice

15  must comply with the responsibilities provided for an

16  employing agency under section 943.133, Florida Statutes, for

17  each youth custody officer.

18         (3)  A youth custody officer shall inform appropriate

19  local law enforcement agencies of his or her activities under

20  this section.

21         Section 10.  This act shall take effect January 1,

22  2001.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                          CS for SB 2336

26

27  Places day treatment programs in the probation/community
    control continuum.
28
    Creates the position of youth custody officer in the
29  Department of Juvenile Justice.

30  Redefines the terms "families in need of services,"
    "preventive services," and "reunification services."
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