Senate Bill sb1914

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    Florida Senate - 2001                                  SB 1914

    By Senator Smith





    5-1370-01

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 20.316, F.S.; revising the juvenile justice

  4         continuum to include community-based

  5         residential commitment programs; authorizing

  6         the Secretary of Juvenile Justice to issue

  7         subpoenas and require statements; providing for

  8         enforcement of a subpoena pursuant to court

  9         order; deleting a requirement that information

10         systems of the Department of Juvenile Justice

11         support the Juvenile Justice Advisory Board;

12         amending s. 230.23161, F.S.; providing

13         legislative goals with respect to educational

14         services within department programs; amending

15         s. 435.04, F.S.; revising requirements for

16         level-2 screening standards for persons in

17         positions of trust or responsibility; providing

18         requirements for background investigations for

19         employees of the Department of Juvenile

20         Justice; amending s. 943.085, F.S.; providing

21         legislative intent with respect to the training

22         and compensation of officers in criminal

23         justice agencies and within the Department of

24         Juvenile Justice; amending s. 943.10, F.S.;

25         defining the term "inspector specialist";

26         amending s. 943.13, F.S.; providing minimum

27         qualifications for employment as an inspector

28         specialist for the Department of Juvenile

29         Justice; amending s. 943.325, F.S.; requiring

30         DNA analysis of persons who have committed

31         certain offenses and who are transferred to the

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  1         state under the Interstate Compact on

  2         Juveniles; amending ss. 984.01, 985.01, F.S.,

  3         relating to personnel standards and screening;

  4         requiring the Department of Juvenile Justice

  5         and the Department of Children and Family

  6         Services to ensure that certain contractors are

  7         of good moral character; prohibiting the

  8         Department of Juvenile Justice from exempting

  9         certain persons from a disqualification from

10         employment; amending s. 985.03, F.S.; revising

11         definitions; defining the term "respite" for

12         purposes of ch. 985, F.S.; amending ss.

13         985.207, 985.213, F.S.; clarifying

14         circumstances under which a juvenile is taken

15         into custody and assessed for placement;

16         amending s. 985.215, F.S.; providing for the

17         clerk of the court to collect and maintain

18         certain fees; authorizing placing a juvenile

19         into secure detention under certain

20         circumstances for a specified period; amending

21         s. 985.227, F.S.; revising requirements for

22         state attorneys with respect to reporting

23         direct-file guidelines; amending ss. 985.231,

24         985.233, F.S.; revising certain requirements

25         for testing a juvenile for the use of alcohol

26         or controlled substances; providing for the

27         clerk of the court to collect and maintain

28         certain fees; amending s. 985.305, F.S.;

29         revising services provided under the early

30         delinquency intervention program; amending s.

31         985.31, F.S., relating to serious or habitual

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  1         juvenile offenders; conforming provisions to

  2         changes made by the act; amending s. 985.3155,

  3         F.S.; revising requirements for the multiagency

  4         plan for vocational education; amending s.

  5         985.316, F.S.; revising conditions under which

  6         a juvenile may be released on conditional

  7         release; amending s. 985.404, F.S.; clarifying

  8         conditions under which a juvenile may be

  9         transferred; creating s. 985.4043, F.S.;

10         providing certain payments made under a

11         provider service contract to be deposited into

12         the Administrative Trust Fund; amending s.

13         985.417, F.S.; revising conditions for

14         transferring a juvenile from the Department of

15         Corrections to the supervision of the

16         Department of Juvenile Justice; amending s. 14

17         of ch. 2000-134, Laws of Florida; revising

18         requirements for monitoring and supervising

19         juvenile offenders under a pilot program;

20         providing effective dates.

21

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

23

24         Section 1.  Paragraph (b) of subsection (1) and

25  paragraph (d) of present subsection (4) of section 20.316,

26  Florida Statutes, are amended, and present subsections (2),

27  (3), and (4) of that section are redesignated as subsections

28  (3), (4), and (5), respectively, and a new subsection (2) is

29  added to that section, to read:

30         20.316  Department of Juvenile Justice.--There is

31  created a Department of Juvenile Justice.

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  1         (1)  SECRETARY OF JUVENILE JUSTICE.--

  2         (b)  The Secretary of Juvenile Justice is responsible

  3  for planning, coordinating, and managing the delivery of all

  4  programs and services within the juvenile justice continuum.

  5  For purposes of this section, the term "juvenile justice

  6  continuum" means all children-in-need-of-services programs;

  7  families-in-need-of-services programs; other prevention, early

  8  intervention, and diversion programs; detention centers and

  9  related programs and facilities; community-based residential

10  commitment and nonresidential commitment programs; and

11  delinquency institutions provided or funded by the department.

12         (2)  SUBPOENA POWER OF THE SECRETARY.--

13         (a)  In exercising authority under this chapter, the

14  secretary or his or her designee may, upon reasonable

15  suspicion of criminal activity:

16         1.  Issue subpoenas, administer oaths, and examine

17  witnesses.

18         2.  Require or permit a person to file a statement in

19  writing, under oath or otherwise as the secretary or his or

20  her designee requires, as to all the facts and circumstances

21  concerning the matter to be audited, examined, or

22  investigated.

23         (b)  Subpoenas shall be issued by the secretary or his

24  or her designee under seal commanding such witnesses to appear

25  before the secretary, or the secretary's representative or the

26  department, at a specified time and place and to bring books,

27  records, and documents as specified or to submit books,

28  records, and documents for inspection, subject to the

29  conditions of paragraph (a). Such subpoenas may be served by

30  an authorized representative of the secretary or the

31  department.

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  1         (c)  In the event of noncompliance with a subpoena

  2  issued pursuant to this subsection, the secretary or the

  3  department may petition the circuit court of the county in

  4  which the person subpoenaed resides or has his or her

  5  principal place of business for an order requiring the

  6  subpoenaed person to appear and testify and to produce books,

  7  records, and documents as specified in the subpoena. The court

  8  may grant legal, equitable, or injunctive relief, including,

  9  but not limited to, issuance of a writ of ne exeat or the

10  restraint by injunction or appointment of a receiver of any

11  transfer, pledge, assignment, or other disposition of such

12  person's assets or any concealment, alteration, destruction,

13  or other disposition of subpoenaed books, records, or

14  documents, as the court deems appropriate, until such person

15  has fully complied with such subpoena and the secretary or the

16  department has completed the audit, examination, or

17  investigation. The secretary or the department is entitled to

18  the summary procedure provided in s. 51.011 and the court

19  shall advance the cause on its calendar. Costs incurred by the

20  secretary or the department to obtain an order granting, in

21  whole or in part, such petition for enforcement of a subpoena

22  shall be charged against the subpoenaed person, and failure to

23  comply with such order is contempt of court.

24         (5)(4)  INFORMATION SYSTEMS.--

25         (d)  The management information system shall, at a

26  minimum:

27         1.  Facilitate case management of juveniles referred to

28  or placed in the department's custody.

29         2.  Provide timely access to current data and computing

30  capacity to support outcome-evaluation the outcome evaluation

31  activities of the Juvenile Justice Advisory Board as provided

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  1  in s. 985.401, legislative oversight, the Juvenile Justice

  2  Estimating Conference, and other research.

  3         3.  Provide automated support to the quality assurance

  4  and program review functions.

  5         4.  Provide automated support to the contract

  6  management process.

  7         5.  Provide automated support to the facility

  8  operations management process.

  9         6.  Provide automated administrative support to

10  increase efficiency, provide the capability of tracking

11  expenditures of funds by the department or contracted service

12  providers that are eligible for federal reimbursement, and

13  reduce forms and paperwork.

14         7.  Facilitate connectivity, access, and utilization of

15  information among various state agencies, and other state,

16  federal, local, and private agencies, organizations, and

17  institutions.

18         8.  Provide electronic public access to juvenile

19  justice information, which is not otherwise made confidential

20  by law or exempt from the provisions of s. 119.07(1).

21         9.  Provide a system for the training of information

22  system users and user groups.

23         Section 2.  Subsection (1) of section 230.23161, is

24  amended to read:

25         230.23161  Educational services in Department of

26  Juvenile Justice programs.--

27         (1)  The Legislature finds that education is the single

28  most important factor in the rehabilitation of adjudicated

29  delinquent youth in the custody of the Department of Juvenile

30  Justice in detention or commitment facilities. It is the goal

31  intent of the Legislature that youth in the juvenile justice

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  1  system be provided with equal opportunity and access to

  2  quality and effective education that will meet the individual

  3  needs of each child. The Department of Education shall serve

  4  as the lead agency for juvenile justice education programs to

  5  ensure that curriculum, support services, and resources are

  6  provided to maximize the public's investment in the custody

  7  and care of these youth. To this end, the Department of

  8  Education and the Department of Juvenile Justice shall each

  9  designate a Coordinator for Juvenile Justice Education

10  Programs to serve as the point of contact for resolving issues

11  not addressed by local district school boards and to ensure

12  each department's participation in the following activities:

13         (a)  Training, collaborating, and coordinating with the

14  Department of Juvenile Justice, local school districts,

15  educational contract providers, and juvenile justice

16  providers, whether state operated or contracted.

17         (b)  Collecting information on the academic performance

18  of students in juvenile justice commitment and detention

19  programs and reporting on the results.

20         (c)  Developing academic and vocational protocols that

21  provide guidance to school districts and providers in all

22  aspects of education programming, including records transfer

23  and transition.

24         (d)  Prescribing the roles of program personnel and

25  interdepartmental local school district or provider

26  collaboration strategies.

27

28  Annually, a cooperative agreement and plan for juvenile

29  justice education service enhancement shall be developed

30  between the Department of Juvenile Justice and the Department

31

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  1  of Education and submitted to the Secretary of Juvenile

  2  Justice and the Commissioner of Education by June 30.

  3         Section 3.  Subsection (1) of section 435.04, Florida

  4  Statutes, is amended, and present subsections (3) and (4) of

  5  that section are redesignated as subsections (4) and (5),

  6  respectively, and a new subsection (3) is added to that

  7  section, to read:

  8         435.04  Level 2 screening standards.--

  9         (1)  All employees in positions designated by law as

10  positions of trust or responsibility shall be required to

11  undergo security background investigations as a condition of

12  employment and continued employment.  For the purposes of this

13  subsection, security background investigations shall include,

14  but not be limited to, employment history checks,

15  fingerprinting for all purposes and checks in this subsection,

16  statewide criminal and juvenile records checks through the

17  Florida Department of Law Enforcement, and federal criminal

18  records checks through the Federal Bureau of Investigation,

19  and may include local criminal records checks through local

20  law enforcement agencies.

21         (3)  The security background investigations conducted

22  under this section for employees of the Department of Juvenile

23  Justice must ensure that no persons subject to the provisions

24  of this section have been found guilty of, regardless of

25  adjudication, or entered a plea of nolo contendere or guilty

26  to, any offense prohibited under any of the following

27  provisions of the Florida Statutes or under any similar

28  statute of another jurisdiction:

29         (a)  Section 784.07, relating to assault or battery of

30  law enforcement officers, firefighters, emergency medical care

31

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  1  providers, public transit employees or agents, or other

  2  specified officers.

  3         (b)  Section 810.02, relating to burglary, if the

  4  offense is a felony.

  5         (c)  Section 944.40, relating to escape.

  6

  7  The Department of Juvenile Justice may not remove a

  8  disqualification from employment or grant an exemption to any

  9  person who is disqualified under this section for any offense

10  disposed during the most recent 10-year period.

11         Section 4.  Subsections (1) and (2) of section 943.085,

12  Florida Statutes, are amended to read:

13         943.085  Legislative intent with respect to upgrading

14  the quality of law enforcement officers and correctional

15  officers.--

16         (1)  It is the intent of the Legislature to strengthen

17  and upgrade law enforcement agencies, and correctional

18  institutions, and criminal justice agencies in this state by

19  attracting competent, highly qualified people for professional

20  careers in the criminal justice disciplines and to retain

21  well-qualified and experienced officers for the purpose of

22  providing maximum protection and safety to the citizens of,

23  the visitors to, and the inmates in this state.

24         (2)  It is the further intent of the Legislature to

25  establish a minimum foundation program for law enforcement

26  officers, correctional officers, and correctional probation

27  officers, and inspector specialists within the Department of

28  Juvenile Justice which will provide a statewide minimum salary

29  for all such officers; to provide state monetary supplement in

30  order to effectuate an upgrading of compensation for all law

31  enforcement officers, correctional officers, and correctional

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  1  probation officers, and inspector specialists within the

  2  Department of Juvenile Justice; and to upgrade the educational

  3  and training standards of such officers.

  4         Section 5.  Subsection (22) is added to section 943.10,

  5  Florida Statutes, to read:

  6         943.10  Definitions; ss. 943.085-943.255.--The

  7  following words and phrases as used in ss. 943.085-943.255 are

  8  defined as follows:

  9         (22)  "Inspector specialist" means a professional

10  within the Office of the Inspector General who is primarily

11  responsible for conducting investigations of alleged physical

12  or sexual abuse; employee misconduct; violations of civil

13  rights; fraud; waste; and violations of rules, policies, or

14  procedures, in accordance with s. 20.055.

15         Section 6.  Section 943.13, Florida Statutes, is

16  amended to read:

17         943.13  Officers' minimum qualifications for employment

18  or appointment.--On or after October 1, 1984, any person

19  employed or appointed as a full-time, part-time, or auxiliary

20  law enforcement officer or correctional officer; on or after

21  October 1, 1986, any person employed as a full-time,

22  part-time, or auxiliary correctional probation officer; and on

23  or after October 1, 1986, any person employed as a full-time,

24  part-time, or auxiliary correctional officer by a private

25  entity under contract to the Department of Corrections, to a

26  county commission, or to the Correctional Privatization

27  Commission; and on or after October 1, 2001, any person

28  employed as an inspector specialist for the Department of

29  Juvenile Justice shall:

30         (1)  Be at least 19 years of age.

31

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  1         (2)  Be a citizen of the United States, notwithstanding

  2  any law of the state to the contrary.

  3         (3)  Be a high school graduate or its "equivalent" as

  4  the commission has defined the term by rule.

  5         (4)  Not have been convicted of any felony or of a

  6  misdemeanor involving perjury or a false statement, or have

  7  received a dishonorable discharge from any of the Armed Forces

  8  of the United States. Any person who, after July 1, 1981,

  9  pleads guilty or nolo contendere to or is found guilty of any

10  felony or of a misdemeanor involving perjury or a false

11  statement is not eligible for employment or appointment as an

12  officer, notwithstanding suspension of sentence or withholding

13  of adjudication. Notwithstanding this subsection, any person

14  who has pled nolo contendere to a misdemeanor involving a

15  false statement, prior to December 1, 1985, and has had such

16  record sealed or expunged shall not be deemed ineligible for

17  employment or appointment as an officer.

18         (5)  Have documentation of his or her processed

19  fingerprints on file with the employing agency or, if a

20  private correctional officer, have documentation of his or her

21  processed fingerprints on file with the Department of

22  Corrections or the Criminal Justice Standards and Training

23  Commission. If administrative delays are caused by the

24  department or the Federal Bureau of Investigation and the

25  person has complied with subsections (1)-(4) and (6)-(9), he

26  or she may be employed or appointed for a period not to exceed

27  1 calendar year from the date he or she was employed or

28  appointed or until return of the processed fingerprints

29  documenting noncompliance with subsections (1)-(4) or

30  subsection (7), whichever occurs first.

31

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  1         (6)  Have passed a physical examination by a licensed

  2  physician, based on specifications established by the

  3  commission.

  4         (7)  Have a good moral character as determined by a

  5  background investigation under procedures established by the

  6  commission.

  7         (8)  Execute and submit to the employing agency or, if

  8  a private correctional officer, submit to the appropriate

  9  governmental entity an affidavit-of-applicant form, adopted by

10  the commission, attesting to his or her compliance with

11  subsections (1)-(7). The affidavit shall be executed under

12  oath and constitutes an official statement within the purview

13  of s. 837.06. The affidavit shall include conspicuous language

14  that the intentional false execution of the affidavit

15  constitutes a misdemeanor of the second degree. The affidavit

16  shall be retained by the employing agency.

17         (9)  Complete a commission-approved basic recruit

18  training program for the applicable criminal justice

19  discipline, unless exempt under this subsection. An applicant

20  who has:

21         (a)  Completed a comparable basic recruit training

22  program for the applicable criminal justice discipline in

23  another state or for the Federal Government; and

24         (b)  Served as a full-time sworn officer in another

25  state or for the Federal Government for at least one year

26

27  is exempt in accordance with s. 943.131(2) from completing the

28  commission-approved basic recruit training program.

29         (10)  Achieve an acceptable score on the officer

30  certification examination for the applicable criminal justice

31  discipline.

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  1         (11)  Comply with the continuing training or education

  2  requirements of s. 943.135.

  3         Section 7.  Paragraph (a) of subsection (1) of section

  4  943.325, Florida Statutes, is amended to read:

  5         943.325  Blood specimen testing for DNA analysis.--

  6         (1)(a)  Any person who is convicted or was previously

  7  convicted in this state for any offense or attempted offense

  8  defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.

  9  810.02, s. 812.133, or s. 812.135, and any person who is

10  transferred to this state under Article VII of the Interstate

11  Compact on Juveniles, part V of chapter 985, who has committed

12  or attempted to commit an offense similarly defined by the

13  transferring state, who is either:

14         1.  Still incarcerated, or

15         2.  No longer incarcerated but is within the confines

16  of the legal state boundaries and is on probation, community

17  control, parole, conditional release, control release, or any

18  other court-ordered supervision,

19

20  shall be required to submit two specimens of blood to a

21  Department of Law Enforcement designated testing facility as

22  directed by the department.

23         Section 8.  Paragraphs (a) and (c) of subsection (2) of

24  section 984.01, Florida Statutes, are amended to read:

25         984.01  Purposes and intent; personnel standards and

26  screening.--

27         (2)  The Department of Juvenile Justice or the

28  Department of Children and Family Services, as appropriate,

29  may contract with the Federal Government, other state

30  departments and agencies, county and municipal governments and

31  agencies, public and private agencies, and private individuals

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  1  and corporations in carrying out the purposes of, and the

  2  responsibilities established in, this chapter.

  3         (a)  When the Department of Juvenile Justice or the

  4  Department of Children and Family Services contracts with a

  5  provider for any program for children, all personnel,

  6  including owners, operators, employees, and volunteers, in the

  7  facility must be of good moral character. Each contract

  8  entered into by either department for services delivered on an

  9  appointment or intermittent basis by a provider that does not

10  have regular custodial responsibility for children and each

11  contract with a school for before or aftercare services must

12  ensure that the owners, operators, and all personnel who have

13  direct contact with children are of good moral character. A

14  volunteer who assists on an intermittent basis for less than

15  40 hours per month need not be screened if the volunteer is

16  under direct and constant supervision by persons who meet the

17  screening requirements.

18         (c)  The Department of Juvenile Justice or the

19  Department of Children and Family Services may grant

20  exemptions from disqualification from working with children as

21  provided in s. 435.07. However, the Department of Juvenile

22  Justice may not remove a disqualification from employment or

23  grant an exemption to any person who is disqualified under s.

24  435.04 for any offense disposed during the most recent 10-year

25  period.

26         Section 9.  Paragraphs (a) and (c) of subsection (2) of

27  section 985.01, Florida Statutes, are amended to read:

28         985.01  Purposes and intent; personnel standards and

29  screening.--

30         (2)  The Department of Juvenile Justice or the

31  Department of Children and Family Services, as appropriate,

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  1  may contract with the Federal Government, other state

  2  departments and agencies, county and municipal governments and

  3  agencies, public and private agencies, and private individuals

  4  and corporations in carrying out the purposes of, and the

  5  responsibilities established in, this chapter.

  6         (a)  When the Department of Juvenile Justice or the

  7  Department of Children and Family Services contracts with a

  8  provider for any program for children, all personnel,

  9  including owners, operators, employees, and volunteers, in the

10  facility must be of good moral character. Each contract

11  entered into by either department for services delivered on an

12  appointment or intermittent basis by a provider that does not

13  have regular custodial responsibility for children and each

14  contract with a school for before or aftercare services must

15  ensure that the owners, operators, and all personnel who have

16  direct contact with children are of good moral character. A

17  volunteer who assists on an intermittent basis for less than

18  40 hours per month need not be screened if the volunteer is

19  under direct and constant supervision by persons who meet the

20  screening requirements.

21         (c)  The Department of Juvenile Justice or the

22  Department of Children and Family Services may grant

23  exemptions from disqualification from working with children as

24  provided in s. 435.07. However, the Department of Juvenile

25  Justice may not remove a disqualification from employment or

26  grant an exemption to any person who is disqualified under s.

27  435.04 for any offense disposed during the most recent 10-year

28  period.

29         Section 10.  Subsections (13), (26), and (30),

30  paragraph (c) of subsection (45), and present subsection (55)

31  of section 985.03, Florida Statutes, are amended, and present

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  1  subsections (46) through (58) are redesignated as subsections

  2  (47) through (59), respectively, and a new subsection (46) is

  3  added to that section, to read:

  4         985.03  Definitions.--When used in this chapter, the

  5  term:

  6         (13)  "Conditional release" means the care, treatment,

  7  help, and supervision provided to a juvenile released from a

  8  residential commitment program which is intended to promote

  9  rehabilitation and prevent recidivism. The purpose of

10  conditional release is to protect the public, reduce

11  recidivism, increase responsible productive behavior, and

12  provide for a successful transition of the youth from the

13  department to the family. Conditional release includes, but is

14  not limited to, minimum-risk nonresidential community-based

15  programs and postcommitment probation.

16         (26)  "Halfway house" means a community-based

17  residential program for 10 or more committed delinquents at

18  the moderate-risk commitment restrictiveness level which that

19  is operated or contracted by the Department of Juvenile

20  Justice.

21         (30)  "Juvenile probation officer" means the authorized

22  agent of the Department of Juvenile Justice who performs the

23  intake, or case management, or supervision functions function

24  for a child alleged to be delinquent.

25         (45)  "Residential commitment level" means the level of

26  security provided by programs that service the supervision,

27  custody, care, and treatment needs of committed children.

28  Sections 985.3141 and 985.404(13) apply to children placed in

29  programs at any residential commitment level.  The levels of

30  residential commitment are as follows:

31

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  1         (c)  High-risk residential.--Programs or program models

  2  at this commitment level are residential and shall not allow

  3  youth to have access to the community.  Facilities are

  4  hardware-secure with perimeter fencing and locking doors.

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

  6  care, and treatment of residents.  Youth assessed and

  7  classified for this level of placement require close

  8  supervision in a structured residential setting. Placement in

  9  programs at this level is prompted by a concern for public

10  safety that outweighs placement in programs at lower

11  commitment restrictiveness levels. The staff at a facility at

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

13  threat to himself or herself or others.  Mechanical restraint

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

15  single cell occupancy.

16         (46)  "Respite" means a placement that is available for

17  the care, custody, and placement of a youth charged with

18  domestic violence as an alternative to secure detention or for

19  placement of a youth when a shelter bed for a child in need of

20  services or a family in need of services is unavailable.

21         (56)(55)  "Temporary release" means the terms and

22  conditions under which a child is temporarily released from a

23  commitment facility or allowed home visits. If the temporary

24  release is from a moderate-risk residential facility, a

25  high-risk residential facility, or a maximum-risk residential

26  facility, the terms and conditions of the temporary release

27  must be approved by the child, the court, and the facility.

28  The term includes periods during which the child is supervised

29  pursuant to a conditional release program or a period during

30  which the child is supervised by a juvenile probation officer

31  or other nonresidential staff of the department or staff

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  1  employed by an entity under contract with the department. A

  2  child placed in a postcommitment supervision program by order

  3  of the court is not considered to be on temporary release and

  4  is not subject to the terms and conditions of temporary

  5  release.

  6         Section 11.  Paragraph (d) of subsection (1) of section

  7  985.207, Florida Statutes, is amended to read:

  8         985.207  Taking a child into custody.--

  9         (1)  A child may be taken into custody under the

10  following circumstances:

11         (d)  By a law enforcement officer who has probable

12  cause to believe that the child is in violation of the

13  conditions of the child's probation, home detention,

14  postcommitment probation community control, or conditional

15  release supervision or has escaped absconded from commitment.

16

17  Nothing in this subsection shall be construed to allow the

18  detention of a child who does not meet the detention criteria

19  in s. 985.215.

20         Section 12.  Paragraph (b) of subsection (2) of section

21  985.213, Florida Statutes, is amended to read:

22         985.213  Use of detention.--

23         (2)

24         (b)1.  The risk assessment instrument for detention

25  care placement determinations and orders shall be developed by

26  the Department of Juvenile Justice in agreement with

27  representatives appointed by the following associations: the

28  Conference of Circuit Judges of Florida, the Prosecuting

29  Attorneys Association, the Public Defenders Association, the

30  Florida Sheriffs Association, and the Florida Association of

31  Chiefs of Police.  Each association shall appoint two

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  1  individuals, one representing an urban area and one

  2  representing a rural area.  The parties involved shall

  3  evaluate and revise the risk assessment instrument as is

  4  considered necessary using the method for revision as agreed

  5  by the parties. The risk assessment instrument shall take into

  6  consideration, but need not be limited to, prior history of

  7  failure to appear, prior offenses, offenses committed pending

  8  adjudication, any unlawful possession of a firearm, theft of a

  9  motor vehicle or possession of a stolen motor vehicle, and

10  probation community control status at the time the child is

11  taken into custody. The risk assessment instrument shall also

12  take into consideration appropriate aggravating and mitigating

13  circumstances, and shall be designed to target a narrower

14  population of children than s. 985.215(2). The risk assessment

15  instrument shall also include any information concerning the

16  child's history of abuse and neglect. The risk assessment

17  shall indicate whether detention care is warranted, and, if

18  detention care is warranted, whether the child should be

19  placed into secure, nonsecure, or home detention care.

20         2.  If, at the detention hearing, the court finds a

21  material error in the scoring of the risk assessment

22  instrument, the court may amend the score to reflect factual

23  accuracy.

24         3.  A child who is charged with committing an offense

25  of domestic violence as defined in s. 741.28(1) and who does

26  not meet detention criteria may be held in secure detention if

27  the court makes specific written findings that:

28         a.  Respite care for the child is not available; and

29         b.  It is necessary to place the child in secure

30  detention in order to protect the victim from injury.

31

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  1  The child may not be held in secure detention under this

  2  subparagraph for more than 48 hours unless ordered by the

  3  court. After 48 hours, the court shall hold a hearing if the

  4  state attorney or victim requests that secure detention be

  5  continued. The child may continue to be held in detention care

  6  if the court makes a specific, written finding that detention

  7  care is necessary to protect the victim from injury. However,

  8  the child may not be held in detention care beyond the time

  9  limits set forth in s. 985.215.

10         4.  For a child who is under the supervision of the

11  department through probation community control, home

12  detention, nonsecure detention, conditional release aftercare,

13  postcommitment probation community control, or commitment and

14  who is charged with committing a new offense, the risk

15  assessment instrument may be completed and scored based on the

16  underlying charge for which the child was placed under the

17  supervision of the department and the new offense.

18         Section 13.  Paragraph (a) of subsection (2) and

19  subsection (6) of section 985.215, Florida Statutes, are

20  amended, and paragraph (f) is added to subsection (10) of that

21  section, to read:

22         985.215  Detention.--

23         (2)  Subject to the provisions of subsection (1), a

24  child taken into custody and placed into nonsecure or home

25  detention care or detained in secure detention care prior to a

26  detention hearing may continue to be detained by the court if:

27         (a)  The child is alleged to be an escapee or an

28  absconder from a commitment program, a probation program,

29  furlough, or conditional release supervision, or is alleged to

30  have escaped while being lawfully transported to or from such

31  program or supervision.

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  1

  2  A child who meets any of these criteria and who is ordered to

  3  be detained pursuant to this subsection shall be given a

  4  hearing within 24 hours after being taken into custody. The

  5  purpose of the detention hearing is to determine the existence

  6  of probable cause that the child has committed the delinquent

  7  act or violation of law with which he or she is charged and

  8  the need for continued detention. Unless a child is detained

  9  under paragraph (d) or paragraph (e), the court shall utilize

10  the results of the risk assessment performed by the juvenile

11  probation officer and, based on the criteria in this

12  subsection, shall determine the need for continued detention.

13  A child placed into secure, nonsecure, or home detention care

14  may continue to be so detained by the court pursuant to this

15  subsection. If the court orders a placement more restrictive

16  than indicated by the results of the risk assessment

17  instrument, the court shall state, in writing, clear and

18  convincing reasons for such placement. Except as provided in

19  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

20  paragraph (10)(c), or paragraph (10)(d), when a child is

21  placed into secure or nonsecure detention care, or into a

22  respite home or other placement pursuant to a court order

23  following a hearing, the court order must include specific

24  instructions that direct the release of the child from such

25  placement no later than 5 p.m. on the last day of the

26  detention period specified in paragraph (5)(b) or paragraph

27  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

28  unless the requirements of such applicable provision have been

29  met or an order of continuance has been granted pursuant to

30  paragraph (5)(d).

31

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  1         (6)  When any child is placed into secure, nonsecure,

  2  or home detention care or into other placement pursuant to a

  3  court order following a detention hearing, the court shall

  4  order the natural or adoptive parents of such child, including

  5  the natural father of such child born out of wedlock who has

  6  acknowledged his paternity in writing before the court, or the

  7  guardian of such child's estate, if possessed of assets which

  8  under law may be disbursed for the care, support, and

  9  maintenance of the child, to pay to the Department of Juvenile

10  Justice fees in an amount of $20 per day related to the cost

11  of the care, support, and maintenance of the child, as

12  established by the Department of Juvenile Justice, unless the

13  court makes a finding on the record that the parent or

14  guardian of the child is indigent. At the time of the

15  detention hearing, the department shall report to the court,

16  verbally or in writing, any available information concerning

17  the ability of the parent or guardian of the child to pay such

18  fee.  As to each parent or guardian for whom the court makes a

19  finding of indigency, the court may reduce the fees or waive

20  the fees upon a showing by the parent or guardian of an

21  inability to pay the fees specified herein. If the court makes

22  a finding of indigency or inability to pay the full cost of

23  care, support, and maintenance of the child, the court shall

24  order the parent or guardian to pay to the department a

25  nominal subsistence fee on behalf of the child in the amount

26  of at least $2 per day that the child is detained outside the

27  home or at least $1 per day if the child is otherwise

28  detained, unless the court makes a finding on the record that

29  the parent or guardian would suffer a significant hardship if

30  obligated for such amount.  In addition, the court may reduce

31  the fees or waive the fees as to each parent or guardian if

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  1  the court makes a finding on the record that the parent or

  2  guardian was the victim of the delinquent act or violation of

  3  law for which the child is detained and that the parent or

  4  guardian is cooperating in the investigation of the offense.

  5  As to each parent or guardian, the court may reduce the fees

  6  or waive the fees if the court makes a finding on the record

  7  that the parent or guardian has made a diligent and good faith

  8  effort to prevent the child from engaging in the delinquent

  9  act or violation of law. The court must include specific

10  findings in the detention order as to what fees are ordered,

11  reduced, or waived.  If the court fails to enter an order as

12  required by this subsection, it shall be presumed that the

13  court intended the parent or guardian to pay to the department

14  the fee of $20 per day that the child remains in detention

15  care.  With respect to a child who has been found to have

16  committed a delinquent act or violation of law, whether or not

17  adjudication is withheld, and whose parent or guardian

18  receives public assistance for any portion of that child's

19  care, the department must seek a federal waiver to garnish or

20  otherwise order the payments of the portion of the public

21  assistance relating to that child to offset the costs of

22  providing care, custody, maintenance, rehabilitation,

23  intervention, or corrective services to the child. When the

24  order affects the guardianship estate, a certified copy of the

25  order shall be delivered to the judge having jurisdiction of

26  the guardianship estate. The clerk of the circuit court shall

27  act as a depository for these fees. Upon each payment

28  received, the clerk of the circuit court shall receive a fee

29  of $2 from the total payment as a service charge for

30  administering, managing, and maintaining each payment. At the

31  end of each month, the clerk of the circuit court shall send

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  1  all money collected to the state Grants and Donations Trust

  2  Fund. The department may employ a collection agency for the

  3  purpose of receiving, collecting, and managing the payment of

  4  unpaid and delinquent fees. The collection agency must be

  5  registered and in good standing under chapter 559. The

  6  department may pay to the collection agency a fee from the

  7  amount collected under the claim or may authorize the agency

  8  to deduct the fee from the amount collected.  The department

  9  may also pay for collection services from available authorized

10  funds.  The Department of Juvenile Justice shall provide to

11  the payor documentation of any amounts paid by the payor to

12  the Department of Juvenile Justice on behalf of the child. All

13  payments received by the department pursuant to this

14  subsection shall be deposited in the state Grants and

15  Donations Trust Fund.  Neither the court nor the department

16  may extend the child's length of stay in detention care solely

17  for the purpose of collecting fees.

18         (10)

19         (f)  Regardless of a child's detention status, a child

20  who is transported by the department may be placed in secure

21  detention overnight, not to exceed a 24-hour period, for the

22  specific purpose of ensuring the safe delivery of the child to

23  his or her commitment program, court proceeding, or other

24  appointment, including a transfer or release.

25         Section 14.  Subsection (4) of section 985.227, Florida

26  Statutes, is amended to read:

27         985.227  Prosecution of juveniles as adults by the

28  direct filing of an information in the criminal division of

29  the circuit court; discretionary criteria; mandatory

30  criteria.--

31

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  1         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

  2  attorney shall develop written policies and guidelines to

  3  govern determinations for filing an information on a juvenile,

  4  to be submitted to the Executive Office of the Governor, the

  5  President of the Senate, the Speaker of the House of

  6  Representatives, and the Juvenile Justice Advisory Board not

  7  later than January 1 of each year.

  8         Section 15.  Paragraphs (a) and (b) of subsection (1)

  9  and subsection (2) of section 985.231, Florida Statutes, are

10  amended to read:

11         985.231  Powers of disposition in delinquency cases.--

12         (1)(a)  The court that has jurisdiction of an

13  adjudicated delinquent child may, by an order stating the

14  facts upon which a determination of a sanction and

15  rehabilitative program was made at the disposition hearing:

16         1.  Place the child in a probation program or a

17  postcommitment probation program under the supervision of an

18  authorized agent of the Department of Juvenile Justice or of

19  any other person or agency specifically authorized and

20  appointed by the court, whether in the child's own home, in

21  the home of a relative of the child, or in some other suitable

22  place under such reasonable conditions as the court may

23  direct. A probation program for an adjudicated delinquent

24  child must include a penalty component such as restitution in

25  money or in kind, community service, a curfew, revocation or

26  suspension of the driver's license of the child, or other

27  nonresidential punishment appropriate to the offense and must

28  also include a rehabilitative program component such as a

29  requirement of participation in substance abuse treatment or

30  in school or other educational program. Upon the

31  recommendation of the department at the time of disposition,

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  1  or subsequent to disposition pursuant to the filing of a

  2  petition alleging a violation of the child's conditions of

  3  postcommitment probation or conditional release supervision,

  4  the court may order the child to submit to random testing for

  5  the purpose of detecting and monitoring the use of alcohol or

  6  controlled substances.

  7         a.  A restrictiveness level classification scale for

  8  levels of supervision shall be provided by the department,

  9  taking into account the child's needs and risks relative to

10  probation supervision requirements to reasonably ensure the

11  public safety. Probation programs for children shall be

12  supervised by the department or by any other person or agency

13  specifically authorized by the court. These programs must

14  include, but are not limited to, structured or restricted

15  activities as described in this subparagraph, and shall be

16  designed to encourage the child toward acceptable and

17  functional social behavior. If supervision or a program of

18  community service is ordered by the court, the duration of

19  such supervision or program must be consistent with any

20  treatment and rehabilitation needs identified for the child

21  and may not exceed the term for which sentence could be

22  imposed if the child were committed for the offense, except

23  that the duration of such supervision or program for an

24  offense that is a misdemeanor of the second degree, or is

25  equivalent to a misdemeanor of the second degree, may be for a

26  period not to exceed 6 months. When restitution is ordered by

27  the court, the amount of restitution may not exceed an amount

28  the child and the parent or guardian could reasonably be

29  expected to pay or make. A child who participates in any work

30  program under this part is considered an employee of the state

31  for purposes of liability, unless otherwise provided by law.

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  1         b.  The court may conduct judicial review hearings for

  2  a child placed on probation for the purpose of fostering

  3  accountability to the judge and compliance with other

  4  requirements, such as restitution and community service. The

  5  court may allow early termination of probation for a child who

  6  has substantially complied with the terms and conditions of

  7  probation.

  8         c.  If the conditions of the probation program or the

  9  postcommitment probation program are violated, the department

10  or the state attorney may bring the child before the court on

11  a petition alleging a violation of the program. Any child who

12  violates the conditions of probation or postcommitment

13  probation must be brought before the court if sanctions are

14  sought. A child taken into custody under s. 985.207 for

15  violating the conditions of probation or postcommitment

16  probation shall be held in a consequence unit if such a unit

17  is available. The child shall be afforded a hearing within 24

18  hours after being taken into custody to determine the

19  existence of probable cause that the child violated the

20  conditions of probation or postcommitment probation. A

21  consequence unit is a secure facility specifically designated

22  by the department for children who are taken into custody

23  under s. 985.207 for violating probation or postcommitment

24  probation, or who have been found by the court to have

25  violated the conditions of probation or postcommitment

26  probation. If the violation involves a new charge of

27  delinquency, the child may be detained under s. 985.215 in a

28  facility other than a consequence unit. If the child is not

29  eligible for detention for the new charge of delinquency, the

30  child may be held in the consequence unit pending a hearing

31  and is subject to the time limitations specified in s.

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  1  985.215. If the child denies violating the conditions of

  2  probation or postcommitment probation, the court shall appoint

  3  counsel to represent the child at the child's request. Upon

  4  the child's admission, or if the court finds after a hearing

  5  that the child has violated the conditions of probation or

  6  postcommitment probation, the court shall enter an order

  7  revoking, modifying, or continuing probation or postcommitment

  8  probation. In each such case, the court shall enter a new

  9  disposition order and, in addition to the sanctions set forth

10  in this paragraph, may impose any sanction the court could

11  have imposed at the original disposition hearing. If the child

12  is found to have violated the conditions of probation or

13  postcommitment probation, the court may:

14         (I)  Place the child in a consequence unit in that

15  judicial circuit, if available, for up to 5 days for a first

16  violation, and up to 15 days for a second or subsequent

17  violation.

18         (II)  Place the child on home detention with electronic

19  monitoring. However, this sanction may be used only if a

20  residential consequence unit is not available.

21         (III)  Modify or continue the child's probation program

22  or postcommitment probation program.

23         (IV)  Revoke probation or postcommitment probation and

24  commit the child to the department.

25         d.  Notwithstanding s. 743.07 and paragraph (d), and

26  except as provided in s. 985.31, the term of any order placing

27  a child in a probation program must be until the child's 19th

28  birthday unless he or she is released by the court, on the

29  motion of an interested party or on its own motion.

30         2.  Commit the child to a licensed child-caring agency

31  willing to receive the child, but the court may not commit the

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  1  child to a jail or to a facility used primarily as a detention

  2  center or facility or shelter.

  3         3.  Commit the child to the Department of Juvenile

  4  Justice at a restrictiveness level defined in s. 985.03. Such

  5  commitment must be for the purpose of exercising active

  6  control over the child, including, but not limited to,

  7  custody, care, training, urine monitoring, and treatment of

  8  the child and release of the child into the community in a

  9  postcommitment nonresidential conditional release program. If

10  the child is not successful in the conditional release

11  program, the department may use the transfer procedure under

12  s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and

13  except as provided in s. 985.31, the term of the commitment

14  must be until the child is discharged by the department or

15  until he or she reaches the age of 21.

16         4.  Revoke or suspend the driver's license of the

17  child.

18         5.  Require the child and, if the court finds it

19  appropriate, the child's parent or guardian together with the

20  child, to render community service in a public service

21  program.

22         6.  As part of the probation program to be implemented

23  by the Department of Juvenile Justice, or, in the case of a

24  committed child, as part of the community-based sanctions

25  ordered by the court at the disposition hearing or before the

26  child's release from commitment, order the child to make

27  restitution in money, through a promissory note cosigned by

28  the child's parent or guardian, or in kind for any damage or

29  loss caused by the child's offense in a reasonable amount or

30  manner to be determined by the court. The clerk of the circuit

31  court shall be the receiving and dispensing agent. In such

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  1  case, the court shall order the child or the child's parent or

  2  guardian to pay to the office of the clerk of the circuit

  3  court an amount not to exceed the actual cost incurred by the

  4  clerk as a result of receiving and dispensing restitution

  5  payments. The clerk shall notify the court if restitution is

  6  not made, and the court shall take any further action that is

  7  necessary against the child or the child's parent or guardian.

  8  A finding by the court, after a hearing, that the parent or

  9  guardian has made diligent and good faith efforts to prevent

10  the child from engaging in delinquent acts absolves the parent

11  or guardian of liability for restitution under this

12  subparagraph.

13         7.  Order the child and, if the court finds it

14  appropriate, the child's parent or guardian together with the

15  child, to participate in a community work project, either as

16  an alternative to monetary restitution or as part of the

17  rehabilitative or probation program.

18         8.  Commit the child to the Department of Juvenile

19  Justice for placement in a program or facility for serious or

20  habitual juvenile offenders in accordance with s. 985.31. Any

21  commitment of a child to a program or facility for serious or

22  habitual juvenile offenders must be for an indeterminate

23  period of time, but the time may not exceed the maximum term

24  of imprisonment that an adult may serve for the same offense.

25  The court may retain jurisdiction over such child until the

26  child reaches the age of 21, specifically for the purpose of

27  the child completing the program.

28         9.  In addition to the sanctions imposed on the child,

29  order the parent or guardian of the child to perform community

30  service if the court finds that the parent or guardian did not

31  make a diligent and good faith effort to prevent the child

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  1  from engaging in delinquent acts. The court may also order the

  2  parent or guardian to make restitution in money or in kind for

  3  any damage or loss caused by the child's offense. The court

  4  shall determine a reasonable amount or manner of restitution,

  5  and payment shall be made to the clerk of the circuit court as

  6  provided in subparagraph 6.

  7         10.  Subject to specific appropriation, commit the

  8  juvenile sexual offender to the Department of Juvenile Justice

  9  for placement in a program or facility for juvenile sexual

10  offenders in accordance with s. 985.308.  Any commitment of a

11  juvenile sexual offender to a program or facility for juvenile

12  sexual offenders must be for an indeterminate period of time,

13  but the time may not exceed the maximum term of imprisonment

14  that an adult may serve for the same offense.  The court may

15  retain jurisdiction over a juvenile sexual offender until the

16  juvenile sexual offender reaches the age of 21, specifically

17  for the purpose of completing the program.

18         (b)  When any child is adjudicated by the court to have

19  committed a delinquent act and temporary legal custody of the

20  child has been placed with a licensed child-caring agency or

21  the Department of Juvenile Justice, the court shall order the

22  natural or adoptive parents of such child, including the

23  natural father of such child born out of wedlock who has

24  acknowledged his paternity in writing before the court, or the

25  guardian of such child's estate, if possessed of assets that

26  under law may be disbursed for the care, support, and

27  maintenance of the child, to pay fees to the department in the

28  amount not to exceed the actual cost of the care, support, and

29  maintenance of the child in the recommended residential

30  commitment level, unless the court makes a finding on the

31  record that the parent or guardian of the child is indigent.

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  1  No later than the disposition hearing, the department shall

  2  provide the court with information concerning the actual cost

  3  of care, support, and maintenance of the child in the

  4  recommended residential commitment level and concerning the

  5  ability of the parent or guardian of the child to pay any

  6  fees. As to each parent or guardian for whom the court makes a

  7  finding of indigency, the court may reduce the fees or waive

  8  the fees upon a showing by the parent or guardian of an

  9  inability to pay the full cost of the care, support, and

10  maintenance of the child. If the court makes a finding of

11  indigency or inability to pay the full cost of care, support,

12  and maintenance of the child, the court shall order the parent

13  or guardian to pay to the department a nominal subsistence fee

14  on behalf of the child in the amount of at least $2 per day

15  that the child is placed outside the home or at least $1 per

16  day if the child is otherwise placed, unless the court makes a

17  finding on the record that the parent or guardian would suffer

18  a significant hardship if obligated for such amount. In

19  addition, the court may reduce the fees or waive the fees as

20  to each parent or guardian if the court makes a finding on the

21  record that the parent or guardian was the victim of the

22  delinquent act or violation of law for which the child is

23  subject to placement under this section and that the parent or

24  guardian has cooperated in the investigation and prosecution

25  of the offense. As to each parent or guardian, the court may

26  reduce the fees or waive the fees if the court makes a finding

27  on the record that the parent or guardian has made a diligent

28  and good faith effort to prevent the child from engaging in

29  the delinquent act or violation of law. All orders committing

30  a child to a residential commitment program shall include

31  specific findings as to what fees are ordered, reduced, or

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  1  waived. If the court fails to enter an order as required by

  2  this paragraph, it shall be presumed that the court intended

  3  the parent or guardian to pay fees to the department in an

  4  amount not to exceed the actual cost of the care, support, and

  5  maintenance of the child.  With regard to a child who reaches

  6  the age of 18 prior to the disposition hearing, the court may

  7  elect to direct an order required by this paragraph to such

  8  child, rather than the parent or guardian. With regard to a

  9  child who reaches the age of 18 while in the custody of the

10  department, the court may, upon proper motion of any party,

11  hold a hearing as to whether any party should be further

12  obligated respecting the payment of fees. The clerk of the

13  circuit court shall act as a depository for these fees. Upon

14  each payment received, the clerk of the circuit court shall

15  receive a fee of $2 from the total payment as a service charge

16  for administering, managing, and maintaining each payment. At

17  the end of each month, the clerk of the circuit court shall

18  send all money collected to the state Grants and Donations

19  Trust Fund. The department may employ a collection agency for

20  the purpose of receiving, collecting, and managing the payment

21  of unpaid and delinquent fees. The collection agency must be

22  registered and in good standing under chapter 559. The

23  department may pay to the collection agency a fee from the

24  amount collected under the claim or may authorize the agency

25  to deduct the fee from the amount collected. The department

26  may also pay for collection services from available authorized

27  funds. The Department of Juvenile Justice shall provide to the

28  payor documentation of any amounts paid by the payor to the

29  Department of Juvenile Justice on behalf of the child. All

30  payments received by the department pursuant to this

31  subsection shall be deposited in the state Grants and

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  1  Donations Trust Fund. Neither the court nor the department may

  2  extend the child's length of stay in placement care solely for

  3  the purpose of collecting fees.

  4         (2)  Following a delinquency adjudicatory hearing

  5  pursuant to s. 985.228 and a delinquency disposition hearing

  6  pursuant to s. 985.23 which results in a commitment

  7  determination, the court shall, on its own or upon request by

  8  the state or the department, determine whether the protection

  9  of the public requires that the child be placed in a program

10  for serious or habitual juvenile offenders and whether the

11  particular needs of the child would be best served by a

12  program for serious or habitual juvenile offenders as provided

13  in s. 985.31. The determination shall be made pursuant to ss.

14  985.03(48) 985.03(47) and 985.23(3).

15         Section 16.  Paragraph (d) of subsection (4) of section

16  985.233, Florida Statutes, is amended to read:

17         985.233  Sentencing powers; procedures; alternatives

18  for juveniles prosecuted as adults.--

19         (4)  SENTENCING ALTERNATIVES.--

20         (d)  Recoupment of cost of care in juvenile justice

21  facilities.--When the court orders commitment of a child to

22  the Department of Juvenile Justice for treatment in any of the

23  department's programs for children, the court shall order the

24  natural or adoptive parents of such child, including the

25  natural father of such child born out of wedlock who has

26  acknowledged his paternity in writing before the court, or

27  guardian of such child's estate, if possessed of assets which

28  under law may be disbursed for the care, support, and

29  maintenance of the child, to pay fees in the amount not to

30  exceed the actual cost of the care, support, and maintenance

31  of the child, unless the court makes a finding on the record

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  1  that the parent or legal guardian of the child is indigent.

  2  Prior to commitment, the department shall provide the court

  3  with information concerning the actual cost of care in the

  4  recommended residential commitment level and concerning the

  5  ability of the parent or guardian of the child to pay

  6  specified fees.  As to each parent or guardian for whom the

  7  court makes a finding of indigency, the court may reduce the

  8  fees or waive the fees upon a showing by the parent or

  9  guardian of an inability to pay the full cost of the care,

10  support, and maintenance of the child. If the court makes a

11  finding of indigency or inability to pay the full cost of

12  care, support, and maintenance of the child, the court shall

13  order the parent or guardian to pay the department a nominal

14  subsistence fee on behalf of the child in the amount of at

15  least $2 per day that the child is placed outside the home or

16  at least $1 per day if the child is otherwise placed, unless

17  the court makes a finding on the record that the parent or

18  guardian would suffer a significant hardship if obligated for

19  such amount. In addition, the court may reduce the fees or

20  waive the fees as to each parent or guardian if the court

21  makes a finding on the record that the parent or guardian was

22  the victim of the delinquent act or violation of law for which

23  the child is subject to commitment under this section and that

24  the parent or guardian has cooperated in the investigation and

25  prosecution of the offense.  As to each parent or guardian,

26  the court may reduce the fees or waive the fees if the court

27  makes a finding on the record that the parent or guardian has

28  made a diligent and good faith effort to prevent the child

29  from engaging in the delinquent act or violation of law. When

30  the order affects the guardianship estate, a certified copy of

31  the order shall be delivered to the judge having jurisdiction

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  1  of the guardianship estate.  All orders committing a child to

  2  a residential commitment program shall include specific

  3  findings as to what fees are ordered, reduced, or waived.  If

  4  the court fails to enter an order as required by this

  5  paragraph, it shall be presumed that the court intended the

  6  parent or guardian to pay fees to the department in an amount

  7  not to exceed the actual cost of the care, support, and

  8  maintenance of the child.  With regard to a child who reaches

  9  the age of 18 prior to the disposition hearing, the court may

10  elect to direct an order required by this paragraph to such

11  child, rather than the parent or guardian.  With regard to a

12  child who reaches the age of 18 while in the custody of the

13  department, the court may, upon proper motion of any party,

14  hold a hearing as to whether any party should be further

15  obligated respecting the payment of fees. The clerk of the

16  circuit court shall act as a depository for these fees. Upon

17  each payment received, the clerk of the circuit court shall

18  receive a fee of $2 from the total payment as a service charge

19  for administering, managing, and maintaining each payment. At

20  the end of each month, the clerk of the circuit court shall

21  send all money collected to the state Grants and Donations

22  Trust Fund. The department may employ a collection agency for

23  the purpose of receiving, collecting, and managing the payment

24  of unpaid and delinquent fees.  The collection agency must be

25  registered and in good standing under chapter 559.  The

26  department may pay to the collection agency a fee from the

27  amount collected under the claim or may authorize the agency

28  to deduct the fee from the amount collected.  The department

29  may also pay for collection services from available authorized

30  funds.  The Department of Juvenile Justice shall provide to

31  the payor documentation of any amounts paid by the payor to

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  1  the Department of Juvenile Justice on behalf of the child. All

  2  payments received by the department pursuant to this

  3  subsection shall be deposited in the state Grants and

  4  Donations Trust Fund.  Neither the court nor the department

  5  may extend the child's length of stay in commitment care

  6  solely for the purpose of collecting fees.

  7         Section 17.  Subsection (2) of section 985.305, Florida

  8  Statutes, is amended to read:

  9         985.305  Early delinquency intervention program;

10  criteria.--

11         (2)  The early delinquency intervention program shall

12  consist of intensive residential treatment in a secure

13  facility for 7 days to 6 weeks, followed by 6 to 9 months of

14  additional services conditional release.  An early delinquency

15  intervention program facility shall be designed to accommodate

16  the placement of a maximum of 10 children, except that the

17  facility may accommodate up to 2 children in excess of that

18  maximum if the additional children have previously been

19  released from the residential portion of the program and are

20  later found to need additional residential treatment.

21         Section 18.  Paragraph (e) of subsection (3) and

22  paragraph (a) of subsection (4) of section 985.31, Florida

23  Statutes, are amended to read:

24         985.31  Serious or habitual juvenile offender.--

25         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

26  TREATMENT.--

27         (e)  After a child has been adjudicated delinquent

28  pursuant to s. 985.228, the court shall determine whether the

29  child meets the criteria for a serious or habitual juvenile

30  offender pursuant to s. 985.03(48) s. 985.03(47). If the court

31

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  1  determines that the child does not meet such criteria, the

  2  provisions of s. 985.231(1) shall apply.

  3         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

  4         (a)  Pursuant to the provisions of this section, the

  5  department shall implement the comprehensive assessment

  6  instrument for the treatment needs of serious or habitual

  7  juvenile offenders and for the assessment, which assessment

  8  shall include the criteria under s. 985.03(48) s. 985.03(47)

  9  and shall also include, but not be limited to, evaluation of

10  the child's:

11         1.  Amenability to treatment.

12         2.  Proclivity toward violence.

13         3.  Tendency toward gang involvement.

14         4.  Substance abuse or addiction and the level thereof.

15         5.  History of being a victim of child abuse or sexual

16  abuse, or indication of sexual behavior dysfunction.

17         6.  Number and type of previous adjudications, findings

18  of guilt, and convictions.

19         7.  Potential for rehabilitation.

20         Section 19.  Subsection (4) of section 985.3155,

21  Florida Statutes, is amended to read:

22         985.3155  Multiagency plan for vocational education.--

23         (4)  The plan must also address strategies to

24  facilitate involvement of business and industry in the design,

25  delivery, and evaluation of vocational programming in juvenile

26  justice commitment facilities and conditional-release

27  aftercare programs, including apprenticeship and work

28  experience programs, mentoring and job shadowing, and other

29  strategies that lead to postrelease employment. Incentives for

30  business involvement, such as tax breaks, bonding, and

31  liability limits should be investigated, implemented where

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  1  appropriate, or recommended to the Legislature for

  2  consideration.

  3         Section 20.  Subsections (4) and (5) of section

  4  985.316, Florida Statutes, are amended to read:

  5         985.316  Conditional release.--

  6         (4)  After a youth is released from a residential

  7  commitment program, conditional release services may be

  8  delivered through either minimum-risk nonresidential

  9  commitment restrictiveness programs or postcommitment

10  probation. A juvenile under minimum-risk nonresidential

11  commitment placement will continue to be on commitment status

12  and subject to the transfer provision under s. 985.404. A

13  juvenile on postcommitment probation will be subject to the

14  provisions under s. 985.231(1)(a).

15         (5)  Participation in the educational program by

16  students of compulsory school attendance age pursuant to s.

17  232.01 is mandatory for juvenile justice youth on conditional

18  release aftercare or postcommitment probation community

19  control status. A student of noncompulsory school-attendance

20  age who has not received a high school diploma or its

21  equivalent must participate in the educational program. A

22  youth who has received a high school diploma or its equivalent

23  and is not employed must participate in workforce development

24  or other vocational or technical education or attend a

25  community college or a university while in the program,

26  subject to available funding.

27         Section 21.  Subsection (4) of section 985.404, Florida

28  Statutes, is amended to read:

29         985.404  Administering the juvenile justice

30  continuum.--

31

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  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 conditional release program. The department

  7  shall notify the court that committed the child to the

  8  department and any attorney of record, in writing, of its

  9  intent to transfer the child from a commitment facility or

10  program to another facility or program of a higher or lower

11  restrictiveness level.  The court that committed the child may

12  agree to the transfer or may set a hearing to review the

13  transfer.  If the court does not respond within 10 days after

14  receipt of the notice, the transfer of the child shall be

15  deemed granted.

16         Section 22.  Section 985.4043, Florida Statutes, is

17  created to read:

18         985.4043  Maintenance of state-owned facilities.--If

19  the department adjusts payments to any provider that occupies

20  a state-owned or leased juvenile justice facility for purposes

21  of significant facility maintenance, repairs, or upgrades

22  under the terms of the provider service contract, the payments

23  shall be deposited by the department into the Administrative

24  Trust Fund for appropriation by the Legislature for such

25  improvements to the facility.

26         Section 23.  Subsection (1) of section 985.417, Florida

27  Statutes, is amended to read:

28         985.417  Transfer of children from the Department of

29  Corrections to the Department of Juvenile Justice.--

30         (1)  When any child under the age of 18 years is

31  sentenced by any court of competent jurisdiction to the

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  1  Department of Corrections, the Secretary of Juvenile Justice

  2  may transfer such child to the department for the remainder of

  3  the sentence, or until his or her 21st birthday, whichever

  4  results in the shorter term. If, upon such person's attaining

  5  his or her 21st birthday, the sentence has not terminated, he

  6  or she shall be transferred to the Department of Corrections

  7  for placement in a youthful offender program, transferred or,

  8  with the commission's consent, to the supervision of the

  9  department, or be given any other transfer that may lawfully

10  be made.

11         Section 24.  Subsections (2) and (3) of section 14 of

12  chapter 2000-134, Laws of Florida, are amended to read:

13         Section 14.  Juvenile Arrest and Monitor Unit pilot

14  program; creation; operation; duties of Orange County

15  Sheriff's Office and Department of Juvenile Justice.--

16         (2)  Under the pilot program created in subsection (1),

17  the Orange County Sheriff's Office shall monitor selected

18  juvenile offenders on probation community control in Orange

19  County. The Department of Juvenile Justice shall recommend

20  juvenile offenders on probation community control,

21  post-commitment probation community control, and conditional

22  release aftercare to be supervised under this program. The

23  Orange County Sheriff's Office has the sole right and

24  authority to accept or reject any or all juvenile offenders

25  who have been recommended by the Department of Juvenile

26  Justice to the Juvenile Arrest and Monitor Unit. The sheriff's

27  office shall determine the number of juvenile offenders it

28  will supervise. The Department of Juvenile Justice shall

29  monthly recommend juvenile offenders to the sheriff's office,

30  to ensure that the program operates at maximum capacity as

31  determined by the sheriff's office. The Juvenile Arrest and

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  1  Monitor Unit shall supervise up to 25 juveniles per deputy

  2  assigned to the unit. The Juvenile Arrest and Monitor Unit

  3  will accept juvenile offenders who have been determined by the

  4  Department of Juvenile Justice to be on probation community

  5  control, post-commitment probation community control, and

  6  conditional release aftercare. The Orange County Sheriff's

  7  Office shall use all statutorily available means, ranging from

  8  a verbal warning to arrest and incarceration, to effect

  9  offenders' compliance with the terms of probation community

10  control.

11         (3)  The Department of Juvenile Justice shall maintain

12  all files and paperwork relating to all juveniles on probation

13  community control, post-commitment probation community

14  control, and conditional release aftercare who are supervised

15  under this pilot program as required by the Florida Statutes.

16         Section 25.  This act shall take effect October 1,

17  2001, except that this section and section 22 of this act

18  shall take effect upon becoming a law.

19

20            *****************************************

21                          SENATE SUMMARY

22    Revises various provisions governing the Department of
      Juvenile Justice. Authorizes the Secretary of Juvenile
23    Justice to issue subpoenas. Revises screening
      requirements for employees and contractors of the
24    Department of Juvenile Justice. Provides for the position
      of inspector specialist within the Department of Juvenile
25    Justice. Provides for DNA analysis of persons who have
      committed certain offenses and who are transferred to the
26    state under the Interstate Compact on Juveniles. Requires
      the clerks of the circuit court to collect and maintain
27    certain fees. Requires that certain payments made under a
      provider service contract be deposited into the
28    Administrative Trust Fund. (See bill for details.)

29

30

31

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