House Bill hb0063Ce1

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                                          HB 63-C, First Engrossed



  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 984.03, F.S., and repealing subsection (51),

  4         relating to the definition of the term

  5         "staff-secure shelter"; revising definitions

  6         relating to detention; amending s. 985.03,

  7         F.S., and repealing subsection (52), relating

  8         to the definition of the term "staff-secure

  9         shelter"; revising definitions relating to

10         detention; amending s. 984.12, F.S., limiting

11         the circumstances in which case staffings must

12         occur; amending s. 984.14, F.S., to repeal

13         subsection (8), relating to placement of a

14         child in need of services into a staff-secure

15         facility, to conform; amending s. 984.15, F.S.,

16         limiting the circumstances under which a

17         petition for a child in need of services may be

18         filed; amending s. 984.225, F.S., revising

19         certain powers relating to disposition and

20         placement of a child in need of services in a

21         shelter; repealing s. 984.226, F.S., relating

22         to placement of a child in need of services in

23         a physically secure shelter; amending ss.

24         984.09 and 985.216, F.S., relating to placement

25         in a secure facility for contempt of court, to

26         conform; amending ss. 316.635 and 318.143,

27         F.S., relating to certain infractions by minors

28         constituting contempt of court, to conform;

29         amending s. 216.136, F.S., relating to duties

30         of the Juvenile Justice Estimating Conference,

31         to conform; amending s. 984.14, F.S.; deleting


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                                          HB 63-C, First Engrossed



  1         a cross reference, to conform; amending ss.

  2         985.207, 985.213, 985.214, 985.215, and

  3         985.404, F.S., relating to detention, to

  4         conform; amending s. 985.231, F.S., relating to

  5         powers of disposition in delinquency cases;

  6         eliminating reference to consequence units, to

  7         conform to changes in detention care and

  8         supervision; amending s. 985.4075; clarifying

  9         circumstances in which funds from juvenile

10         justice appropriations may be utilized as

11         one-time startup funding; providing effective

12         date.

13

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

15

16         Section 1.  Subsections (18), (19), and (47) of section

17  984.03, Florida Statutes, are amended, subsection (51) is

18  repealed, and subsections (52) through (56) are renumbered as

19  subsections (51) through (55), respectively, to read:

20         984.03  Definitions.--When used in this chapter, the

21  term:

22         (18)  "Detention care" means the temporary care or

23  supervision of a child in secure, nonsecure, or home

24  detention, pending a court adjudication or disposition or

25  execution of a court order, either in secure detention or

26  through electronic monitoring in conjunction with a

27  court-ordered condition of confinement to a designated

28  residence during designated hours.  There are three types of

29  detention care, as follows:

30         (a)  "Secure detention" means temporary custody of the

31  child while the child is under the physical restriction of a


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                                          HB 63-C, First Engrossed



  1  detention center or facility pending adjudication,

  2  disposition, or placement.

  3         (b)  "Nonsecure detention" means temporary custody of

  4  the child while the child is in a residential home in the

  5  community in a physically nonrestrictive environment under the

  6  supervision of the Department of Juvenile Justice pending

  7  adjudication, disposition, or placement.

  8         (c)  "Home detention" means temporary custody of the

  9  child while the child is released to the custody of the

10  parent, guardian, or custodian in a physically nonrestrictive

11  environment under the supervision of the Department of

12  Juvenile Justice staff pending adjudication, disposition, or

13  placement.

14         (19)  "Detention center or facility" means a facility

15  used, pending court adjudication or disposition or execution

16  of court order, for the temporary care of a child alleged or

17  found to have committed a violation of law.  A detention

18  center or facility must may provide secure or nonsecure

19  custody.  A facility used for the commitment of adjudicated

20  delinquents shall not be considered a detention center or

21  facility.

22         (47)  "Secure detention center or facility" means

23  temporary custody of a child while the child is under the

24  physical restriction of a detention center or facility a

25  physically restricting facility for the temporary care of

26  children, pending adjudication, disposition, or placement.

27         Section 2.  Subsections (18), (19), and (47) of section

28  985.03, Florida Statutes, are amended, subsection (52) is

29  repealed, and subsections (53) through (59) are renumbered as

30  subsections (52) through (58), respectively, to read:

31


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                                          HB 63-C, First Engrossed



  1         985.03  Definitions.--When used in this chapter, the

  2  term:

  3         (18)  "Detention care" means the temporary care or

  4  supervision of a child in secure, nonsecure, or home

  5  detention, pending a court adjudication or disposition or

  6  execution of a court order, either in secure detention or

  7  through electronic monitoring in conjunction with a

  8  court-ordered condition of confinement to a designated

  9  residence during designated hours.  There are three types of

10  detention care, as follows:

11         (a)  "Secure detention" means temporary custody of the

12  child while the child is under the physical restriction of a

13  detention center or facility pending adjudication,

14  disposition, or placement.

15         (b)  "Nonsecure detention" means temporary custody of

16  the child while the child is in a residential home in the

17  community in a physically nonrestrictive environment under the

18  supervision of the Department of Juvenile Justice pending

19  adjudication, disposition, or placement.

20         (c)  "Home detention" means temporary custody of the

21  child while the child is released to the custody of the

22  parent, guardian, or custodian in a physically nonrestrictive

23  environment under the supervision of the Department of

24  Juvenile Justice staff pending adjudication, disposition, or

25  placement.

26         (19)  "Detention center or facility" means a facility

27  used, pending court adjudication or disposition or execution

28  of court order, for the temporary care of a child alleged or

29  found to have committed a violation of law.  A detention

30  center or facility must may provide secure or nonsecure

31  custody.  A facility used for the commitment of adjudicated


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                                          HB 63-C, First Engrossed



  1  delinquents shall not be considered a detention center or

  2  facility.

  3         (47)  "Secure detention center or facility" means

  4  temporary custody of a child while the child is under the

  5  physical restriction of a detention center or facility a

  6  physically restricting facility for the temporary care of

  7  children, pending adjudication, disposition, or placement.

  8         Section 3.  Subsections (1), (3), and (6) of Section

  9  984.12, Florida Statutes, are amended to read:

10         984.12  Case staffing; services and treatment to a

11  family in need of services.--

12         (1)  The appropriate representative of the department

13  may shall request a meeting of the family and child with a

14  case staffing committee to review the case of any family or

15  child who the department determines is in need of services or

16  treatment if:

17         (a)  The family or child is not in agreement with the

18  services or treatment offered;

19         (b)  The family or child will not participate in the

20  services or treatment selected; or

21         (c)  The representative of the department needs

22  assistance in developing an appropriate plan for services.

23  The time and place selected for the meeting shall be

24  convenient for the child and family.

25         (3)  The case staffing committee, if convened, shall

26  reach a timely decision to provide the child or family with

27  needed services and treatment through the development of a

28  case plan for services.

29         (6)  A case manager may shall be designated by the case

30  staffing committee to be responsible for monitoring

31  implementing the case plan implemented by the contracted


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                                          HB 63-C, First Engrossed



  1  provider. The case manager shall periodically review the

  2  progress towards achieving the objectives of the case plan in

  3  order to:

  4         (a)  Advise the case staffing committee of the need to

  5  make adjustments to the case plan; or

  6         (b)  Terminate the case as indicated by successful or

  7  substantial achievement of the objectives of the case plan or

  8  as indicated by the stated intention of the parent or legal

  9  guardian to withdraw from services.

10         Section 4.  Subsection (8) of section 984.14, Florida

11  Statutes, is repealed.

12         Section 5.  Subsection (2) of section 984.15, Florida

13  Statutes, is amended to read:

14         984.15  Petition for a child in need of services.--

15         (2)(a)  The department shall file a petition for a

16  child in need of services if the case manager, or the staffing

17  committee , and the contracted provider of services requests

18  that a petition be filed and:

19         1.  The family and child have in good faith, but

20  unsuccessfully, used the services prescribed in the case plan

21  without meeting a majority of the case plan objectives and

22  process described in ss. 984.11 and 984.12; or

23         2.  The family or child has have not participated in

24  the refused all services described in the case plan ss. 984.11

25  and 984.12 after reasonable efforts have been made by the

26  department and the contracted provider of services to involve

27  the family and child in services and treatment.

28         (b)  Once the requirements in paragraph (a) have been

29  met, the department shall file a petition for a child in need

30  of services within 30 45 days.

31


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                                          HB 63-C, First Engrossed



  1         (c)  The petition shall be in writing, shall state the

  2  specific grounds under s. 984.03(9) by which the child is

  3  designated a child in need of services, and shall certify that

  4  the conditions prescribed in paragraph (a) have been met.  The

  5  petition shall be signed by the petitioner under oath stating

  6  good faith in filing the petition and shall be signed by an

  7  attorney for the department.

  8         Section 6.  Subsections (1) and (4) of section 984.225

  9  are amended; subsections (5), (6), and (7) are repealed; and

10  present subsection (8) is renumbered as subsection (4), to

11  read:

12         984.225  Powers of disposition; placement in shelter

13  beyond 35 days in a staff-secure shelter.--

14         (1)  Subject to specific legislative appropriation and

15  only after other alternative, less-restrictive remedies have

16  been exhausted, the court may order that a child adjudicated

17  as a child in need of services be placed for up to 30 days in

18  addition to the 35 days prescribed in s. 984.14(5) 90 days in

19  a staff-secure shelter if:

20         (a)  The child's parent, guardian, or legal custodian

21  refuses to provide food, clothing, shelter, and necessary

22  parental support for the child and the refusal is a direct

23  result of an established pattern on the part of significant

24  disruptive behavior of the child that poses a threat to the

25  safety of family members in the child's household, but does

26  not pose a threat to residents and staff of the temporary

27  shelter; or in the home of the parent, guardian, or legal

28  custodian;

29         (b)  The child refuses to remain under the reasonable

30  care and custody of his or her parent, guardian, or legal

31


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                                          HB 63-C, First Engrossed



  1  custodian, as evidenced by repeatedly running away and failing

  2  to comply with a court order; or

  3         (c)  The child has failed to successfully complete an

  4  alternative treatment program or to comply with a

  5  court-ordered sanction and the child has been placed in a

  6  residential program on at least one prior occasion pursuant to

  7  a court order under this chapter.

  8         (d)  The child is accepted for the extended stay in the

  9  shelter by a contracted provider for children in need of

10  services.  Refusal to extend the child's placement by the

11  provider must be based upon chronic and significant lack of

12  progress on the part of the child; and therefore, not in the

13  best interest of the child.

14         (4)  While a child is in a staff-secure shelter, the

15  child shall receive education commensurate with his or her

16  grade level and educational ability.

17         Section 7.  Section 984.226, Florida Statutes, is

18  repealed.

19         Section 8.  Subsections (1),(2) and (5) of section

20  984.09, Florida Statutes, are amended to read:

21         984.09  Punishment for contempt of court; alternative

22  sanctions.--

23         (1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court

24  may punish any child for contempt for interfering with the

25  court or with court administration, or for violating any

26  provision of this chapter or order of the court relative

27  thereto. It is the intent of the Legislature that the court

28  restrict and limit the use of contempt powers with respect to

29  commitment of a child to a secure facility. A child who

30  commits direct contempt of court or indirect contempt of a

31  valid court order may be taken into custody and ordered to


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                                          HB 63-C, First Engrossed



  1  serve an alternative sanction or placed in a temporary shelter

  2  for an extended period, in a secure facility, as authorized in

  3  this section and in s. 984.225, by order of the court.

  4         (2)  EXTENDED PLACEMENT IN A SHELTER SECURE

  5  FACILITY.--A child in need of services who has been held in

  6  direct or indirect contempt of court may be placed in a

  7  shelter that is licensed as a child caring agency pursuant to

  8  chapter 409 secure facility for purposes of punishment for

  9  contempt of court if alternative sanctions are unavailable or

10  inappropriate, or if the child has already been ordered to

11  serve an alternative sanction but failed to comply with the

12  sanction.  Such placement may be up to 10 days for a first

13  offense or 30 days for a second or subsequent offense.  If

14  such placement is not available, the child may be placed in an

15  appropriate mental health facility or substance abuse facility

16  for assessment upon a finding by the court that assessment is

17  warranted.

18         (a)  A delinquent child who has been held in direct or

19  indirect contempt may be placed in a secure detention facility

20  for 5 days for a first offense or 15 days for a second or

21  subsequent offense, or in a secure residential commitment

22  facility.

23         (b)  A child in need of services who has been held in

24  direct contempt or indirect contempt may be placed, for 5 days

25  for a first offense or 15 days for a second or subsequent

26  offense, in a staff-secure shelter or a staff-secure

27  residential facility solely for children in need of services

28  if such placement is available, or, if such placement is not

29  available, the child may be placed in an appropriate mental

30  health facility or substance abuse facility for assessment. In

31  addition to disposition under this paragraph, a child in need


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                                          HB 63-C, First Engrossed



  1  of services who is held in direct contempt or indirect

  2  contempt may be placed in a physically secure setting as

  3  provided under s. 984.226 if conditions of eligibility are

  4  met.

  5         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

  6  created the position of alternative sanctions coordinator

  7  within each judicial circuit, pursuant to subsection (3). Each

  8  alternative sanctions coordinator shall serve under the

  9  direction of the chief administrative judge of the juvenile

10  division as directed by the chief judge of the circuit. The

11  alternative sanctions coordinator shall act as the liaison

12  between the judiciary, local department officials, district

13  school board employees, and local law enforcement agencies.

14  The alternative sanctions coordinator shall coordinate within

15  the circuit community-based alternative sanctions, including

16  nonsecure detention programs, community service projects, and

17  other juvenile sanctions, in conjunction with the circuit plan

18  implemented in accordance with s. 790.22(4)(c).

19         Section 9.  Subsections (2) and (5) of section 985.216,

20  Florida Statutes, are amended to read:

21         985.216  Punishment for contempt of court; alternative

22  sanctions.--

23         (2)  PLACEMENT IN A SECURE FACILITY.--A delinquent

24  child who has been held in direct or indirect contempt of

25  court may be placed in a secure facility for purposes of

26  punishment for contempt of court if alternative sanctions are

27  unavailable or inappropriate, or if the child has already been

28  ordered to serve an alternative sanction but failed to comply

29  with the sanction.  Such placement may be up to 5 days for a

30  first offense or 15 days for a second or subsequent offense.

31


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                                          HB 63-C, First Engrossed



  1         (a)  A delinquent child who has been held in direct or

  2  indirect contempt may be placed in a secure detention facility

  3  not to exceed 5 days for a first offense and not to exceed 15

  4  days for a second or subsequent offense.

  5         (b)  A child in need of services who has been held in

  6  direct contempt or indirect contempt may be placed, not to

  7  exceed 5 days for a first offense and not to exceed 15 days

  8  for a second or subsequent offense, in a staff-secure shelter

  9  or a staff-secure residential facility solely for children in

10  need of services if such placement is available, or, if such

11  placement is not available, the child may be placed in an

12  appropriate mental health facility or substance abuse facility

13  for assessment. In addition to disposition under this

14  paragraph, a child in need of services who is held in direct

15  contempt or indirect contempt may be placed in a physically

16  secure facility as provided under s. 984.226 if conditions of

17  eligibility are met.

18         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

19  created the position of alternative sanctions coordinator

20  within each judicial circuit, pursuant to subsection (3). Each

21  alternative sanctions coordinator shall serve under the

22  direction of the chief administrative judge of the juvenile

23  division as directed by the chief judge of the circuit. The

24  alternative sanctions coordinator shall act as the liaison

25  between the judiciary, local department officials, district

26  school board employees, and local law enforcement agencies.

27  The alternative sanctions coordinator shall coordinate within

28  the circuit community-based alternative sanctions, including

29  nonsecure detention programs, community service projects, and

30  other juvenile sanctions, in conjunction with the circuit plan

31  implemented in accordance with s. 790.22(4)(c).


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                                          HB 63-C, First Engrossed



  1         Section 10.  Subsection (4) of section 316.635, Florida

  2  Statutes, is amended to read:

  3         316.635  Courts having jurisdiction over traffic

  4  violations; powers relating to custody and detention of

  5  minors.--

  6         (4)  A minor who willfully fails to appear before any

  7  court or judicial officer as required by written notice to

  8  appear is guilty of contempt of court. Upon a finding by a

  9  court, after notice and a hearing, that a minor is in contempt

10  of court for willful failure to appear pursuant to a valid

11  notice to appear, the court may, at its discretion, proceed in

12  accordance with the provisions of s. 984.09(2) or s.

13  985.216(2).:

14         (a)  For a first offense, order the minor to serve up

15  to 5 days in a staff-secure shelter as defined in chapter 984

16  or chapter 985 or, if space in a staff-secure shelter is

17  unavailable, in a secure juvenile detention center.

18         (b)  For a second or subsequent offense, the court may

19  order a minor to serve up to 15 days in a staff-secure shelter

20  or, if space in a staff-secure shelter is unavailable, in a

21  secure juvenile detention center.

22         Section 11.  Subsection (2) of section 318.143, Florida

23  Statutes, is amended to read:

24         318.143  Sanctions for infractions by minors.--

25         (2)  Failure to comply with one or more of the

26  sanctions imposed by the court constitutes contempt of court.

27  Upon a finding by the court, after notice and a hearing, that

28  a minor is in contempt of court for failure to comply with

29  court-ordered sanctions, the court may, at its discretion,

30  proceed in accordance with the provisions of s. 984.09(2) or

31  s. 985.216(2).:


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                                          HB 63-C, First Engrossed



  1         (a)  For a first offense, order the minor to serve up

  2  to 5 days in a staff-secure shelter as defined in chapter 984

  3  or chapter 985 or, if space in a staff-secure shelter is

  4  unavailable, in a secure juvenile detention center.

  5         (b)  For a second or subsequent offense, the court may

  6  order a minor to serve up to 15 days in a staff-secure shelter

  7  or, if space in a staff-secure shelter is unavailable, in a

  8  secure juvenile detention center.

  9         Section 12.  Paragraph (a) of subsection (8) of section

10  216.136, Florida Statutes, is amended to read:

11         216.136  Consensus estimating conferences; duties and

12  principals.--

13         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

14         (a)  Duties.--The Juvenile Justice Estimating

15  Conference shall develop such official information relating to

16  the juvenile justice system of the state as is determined by

17  the conference principals to be needed for the state planning

18  and budgeting system.  This information shall include, but is

19  not limited to:  estimates of juvenile delinquency caseloads

20  and workloads; estimates for secure, nonsecure, and home

21  juvenile detention placements and for the use of detention

22  supervision through the use of electronic monitoring;

23  estimates of workloads in the juvenile sections in the offices

24  of the state attorneys and public defenders; estimates of

25  mental health and substance abuse treatment relating to

26  juveniles; and such other information as is determined by the

27  conference principals to be needed for the state planning and

28  budgeting system.

29         Section 13.  Subsection (5) of section 984.14, Florida

30  Statutes, is amended to read:

31         984.14  Shelter placement; hearing.--


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                                          HB 63-C, First Engrossed



  1         (5)  Except as provided under s. 984.225, A child in

  2  need of services or a child from a family in need of services

  3  may not be placed in a shelter for longer than 35 days.

  4         Section 14.  Subsection (1) of section 985.207, Florida

  5  Statutes, is amended to read:

  6         985.207  Taking a child into custody.--

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

  8  following circumstances:

  9         (a)  Pursuant to an order of the circuit court issued

10  under this part, based upon sworn testimony, either before or

11  after a petition is filed.

12         (b)  For a delinquent act or violation of law, pursuant

13  to Florida law pertaining to a lawful arrest. If such

14  delinquent act or violation of law would be a felony if

15  committed by an adult or involves a crime of violence, the

16  arresting authority shall immediately notify the district

17  school superintendent, or the superintendent's designee, of

18  the school district with educational jurisdiction of the

19  child.  Such notification shall include other education

20  providers such as the Florida School for the Deaf and the

21  Blind, university developmental research schools, and private

22  elementary and secondary schools. The information obtained by

23  the superintendent of schools pursuant to this section must be

24  released within 48 hours after receipt to appropriate school

25  personnel, including the principal of the child's school, or

26  as otherwise provided by law. The principal must immediately

27  notify the child's immediate classroom teachers. Information

28  provided by an arresting authority pursuant to this paragraph

29  may not be placed in the student's permanent record and shall

30  be removed from all school records no later than 9 months

31  after the date of the arrest.


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                                          HB 63-C, First Engrossed



  1         (c)  By a law enforcement officer for failing to appear

  2  at a court hearing after being properly noticed.

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

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

  5  conditions of the child's court-ordered detention supervision,

  6  probation, home detention, postcommitment probation, or

  7  conditional release supervision or that the child has escaped

  8  from commitment.

  9

10  Nothing in this subsection shall be construed to allow the

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

12  in s. 985.215.

13         Section 15.  Subsection (1), paragraph (b) of

14  subsection (2), and paragraph (a) of subsection (3) of section

15  985.213, Florida Statutes, are amended to read:

16         985.213  Use of detention.--

17         (1)  All determinations and court orders regarding the

18  use of secure, nonsecure, or home detention care or the use of

19  detention supervision through electronic monitoring in

20  conjunction with a court-ordered condition of confinement to a

21  designated residence during designated hours shall be based

22  primarily upon findings that the child:

23         (a)  Presents a substantial risk of not appearing at a

24  subsequent hearing;

25         (b)  Presents a substantial risk of inflicting bodily

26  harm on others as evidenced by recent behavior;

27         (c)  Presents a history of committing a property

28  offense prior to adjudication, disposition, or placement;

29         (d)  Has committed contempt of court by:

30         1.  Intentionally disrupting the administration of the

31  court;


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                                          HB 63-C, First Engrossed



  1         2.  Intentionally disobeying a court order; or

  2         3.  Engaging in a punishable act or speech in the

  3  court's presence which shows disrespect for the authority and

  4  dignity of the court; or

  5         (e)  Requests protection from imminent bodily harm.

  6         (2)

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

  8  care placement determinations and orders shall be developed by

  9  the Department of Juvenile Justice in agreement with

10  representatives appointed by the following associations: the

11  Conference of Circuit Judges of Florida, the Prosecuting

12  Attorneys Association, the Public Defenders Association, the

13  Florida Sheriffs Association, and the Florida Association of

14  Chiefs of Police.  Each association shall appoint two

15  individuals, one representing an urban area and one

16  representing a rural area.  The parties involved shall

17  evaluate and revise the risk assessment instrument as is

18  considered necessary using the method for revision as agreed

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

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

21  failure to appear, prior offenses, offenses committed pending

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

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

24  probation status at the time the child is taken into custody.

25  The risk assessment instrument shall also take into

26  consideration appropriate aggravating and mitigating

27  circumstances, and shall be designed to target a narrower

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

29  instrument shall also include any information concerning the

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

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


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                                          HB 63-C, First Engrossed



  1  detention care is warranted, whether the child should be

  2  placed into secure, nonsecure, or home detention care or under

  3  detention supervision through electronic monitoring in

  4  conjunction with a court-ordered condition of confinement to a

  5  designated residence during designated hours.

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

  7  material error in the scoring of the risk assessment

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

  9  accuracy.

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

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

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

13  the court makes specific written findings that:

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

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

16  detention in order to protect the victim from injury.

17

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

19  subparagraph for more than 48 hours unless ordered by the

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

21  state attorney or victim requests that secure detention be

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

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

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

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

26  limits set forth in s. 985.215.

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

28  department or a designated agent of the department through

29  electronic monitoring in conjunction with a court-ordered

30  condition of confinement to a designated residence during

31  designated hours, probation, home detention, nonsecure


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                                          HB 63-C, First Engrossed



  1  detention, conditional release, postcommitment probation, or

  2  commitment and who is charged with committing a new offense,

  3  the risk assessment instrument may be completed and scored

  4  based on the underlying charge for which the child was placed

  5  under such the supervision of the department and the new

  6  offense.

  7         (3)(a)  While a child who is currently enrolled in

  8  school is under detention supervision through electronic

  9  monitoring in conjunction with a condition of confinement to a

10  designated residence during designated hours in nonsecure or

11  home detention care, the child shall continue to attend school

12  unless otherwise ordered by the court.

13         Section 16.  Subsection (1) of section 985.214, Florida

14  Statutes, is amended to read:

15         985.214  Prohibited uses of detention.--

16         (1)  A child alleged to have committed a delinquent act

17  or violation of law may not be placed into secure, nonsecure,

18  or home detention care or placed under the supervision of the

19  department through electronic monitoring in conjunction with a

20  court-ordered condition of confinement to a designated

21  residence during designated hours for any of the following

22  reasons:

23         (a)  To allow a parent to avoid his or her legal

24  responsibility.

25         (b)  To permit more convenient administrative access to

26  the child.

27         (c)  To facilitate further interrogation or

28  investigation.

29         (d)  Due to a lack of more appropriate facilities.

30         Section 17.  Subsections (1) and (2), paragraphs (a),

31  (c), and (d) of subsection (5), paragraph (a) of subsection


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                                          HB 63-C, First Engrossed



  1  (6), subsections (8) and (9), paragraphs (a) and (b) of

  2  subsection (10), and paragraph (b) of subsection (11) of

  3  section 985.215, Florida Statutes, are amended to read:

  4         985.215  Detention.--

  5         (1)  The juvenile probation officer shall receive

  6  custody of a child who has been taken into custody from the

  7  law enforcement agency and shall review the facts in the law

  8  enforcement report or probable cause affidavit and make such

  9  further inquiry as may be necessary to determine whether

10  detention care is required.

11         (a)  During the period of time from the taking of the

12  child into custody to the date of the detention hearing, the

13  initial decision as to the child's placement into secure

14  detention care or in detention supervision through the use of

15  electronic monitoring in conjunction with a condition of

16  confinement to a designated residence during designated hours,

17  nonsecure detention care, or home detention care shall be made

18  by the juvenile probation officer pursuant to ss. 985.213 and

19  985.214.

20         (b)  The juvenile probation officer shall base the

21  decision whether or not to place the child into secure

22  detention care or in detention supervision through the use of

23  electronic monitoring in conjunction with a condition of

24  confinement to a designated residence during designated hours,

25  home detention care, or nonsecure detention care on an

26  assessment of risk in accordance with the risk assessment

27  instrument and procedures developed by the Department of

28  Juvenile Justice under s. 985.213. However, a child charged

29  with possessing or discharging a firearm on school property in

30  violation of s. 790.115 shall be placed in secure detention

31  care.


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                                          HB 63-C, First Engrossed



  1         (c)  If the juvenile probation officer determines that

  2  a child who is eligible for detention based upon the results

  3  of the risk assessment instrument should be released, the

  4  juvenile probation officer shall contact the state attorney,

  5  who may authorize release. If detention is not authorized, the

  6  child may be released by the juvenile probation officer in

  7  accordance with s. 985.211.

  8

  9  Under no circumstances shall the juvenile probation officer or

10  the state attorney or law enforcement officer authorize the

11  detention of any child in a jail or other facility intended or

12  used for the detention of adults, without an order of the

13  court.

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

15  child taken into custody and placed into detention supervision

16  through the use of electronic monitoring in conjunction with a

17  condition of confinement to a designated residence during

18  designated hours nonsecure or home detention care or detained

19  in secure detention care prior to a detention hearing may

20  continue to be detained by the court if:

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

22  absconder from a commitment program, a probation program, or

23  conditional release supervision, or is alleged to have escaped

24  while being lawfully transported to or from such program or

25  supervision.

26         (b)  The child is wanted in another jurisdiction for an

27  offense which, if committed by an adult, would be a felony.

28         (c)  The child is charged with a delinquent act or

29  violation of law and requests in writing through legal counsel

30  to be detained for protection from an imminent physical threat

31  to his or her personal safety.


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                                          HB 63-C, First Engrossed



  1         (d)  The child is charged with committing an offense of

  2  domestic violence as defined in s. 741.28(1) and is detained

  3  as provided in s. 985.213(2)(b)3.

  4         (e)  The child is charged with possession or

  5  discharging a firearm on school property in violation of s.

  6  790.115.

  7         (f)  The child is charged with a capital felony, a life

  8  felony, a felony of the first degree, a felony of the second

  9  degree that does not involve a violation of chapter 893, or a

10  felony of the third degree that is also a crime of violence,

11  including any such offense involving the use or possession of

12  a firearm.

13         (g)  The child is charged with any second degree or

14  third degree felony involving a violation of chapter 893 or

15  any third degree felony that is not also a crime of violence,

16  and the child:

17         1.  Has a record of failure to appear at court hearings

18  after being properly notified in accordance with the Rules of

19  Juvenile Procedure;

20         2.  Has a record of law violations prior to court

21  hearings;

22         3.  Has already been detained or has been released and

23  is awaiting final disposition of the case;

24         4.  Has a record of violent conduct resulting in

25  physical injury to others; or

26         5.  Is found to have been in possession of a firearm.

27         (h)  The child is alleged to have violated the

28  conditions of the child's probation or conditional release

29  supervision and qualifies to be held in secure detention

30  pursuant to the provisions of s. 985.213(2)(b)4. Otherwise,

31  such However, a child detained under this paragraph may be


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                                          HB 63-C, First Engrossed



  1  held only in a consequence unit as provided in s.

  2  985.231(1)(a)1.c. If a consequence unit is not available, the

  3  child shall be placed on home detention supervision with

  4  electronic monitoring.

  5         (i)  The child is detained on a judicial order for

  6  failure to appear and has previously willfully failed to

  7  appear, after proper notice, for an adjudicatory hearing on

  8  the same case regardless of the results of the risk assessment

  9  instrument. A child may be held in secure detention for up to

10  72 hours in advance of the next scheduled court hearing

11  pursuant to this paragraph. The child's failure to keep the

12  clerk of court and defense counsel informed of a current and

13  valid mailing address where the child will receive notice to

14  appear at court proceedings does not provide an adequate

15  ground for excusal of the child's nonappearance at the

16  hearings.

17         (j)  The child is detained on a judicial order for

18  failure to appear and has previously willfully failed to

19  appear, after proper notice, at two or more court hearings of

20  any nature on the same case regardless of the results of the

21  risk assessment instrument. A child may be held in secure

22  detention for up to 72 hours in advance of the next scheduled

23  court hearing pursuant to this paragraph. The child's failure

24  to keep the clerk of court and defense counsel informed of a

25  current and valid mailing address where the child will receive

26  notice to appear at court proceedings does not provide an

27  adequate ground for excusal of the child's nonappearance at

28  the hearings.

29

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

31  be detained pursuant to this subsection shall be given a


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                                          HB 63-C, First Engrossed



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

  2  purpose of the detention hearing is to determine the existence

  3  of probable cause that the child has committed the delinquent

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

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

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

  7  the results of the risk assessment performed by the juvenile

  8  probation officer and, based on the criteria in this

  9  subsection, shall determine the need for continued detention.

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

11  or in detention supervision through the use of electronic

12  monitoring in conjunction with a condition of confinement to a

13  designated residence during designated hours may continue to

14  be so detained by the court pursuant to this subsection. If

15  the court orders a placement more restrictive than indicated

16  by the results of the risk assessment instrument, the court

17  shall state, in writing, clear and convincing reasons for such

18  placement. Except as provided in s. 790.22(8) or in

19  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

20  or paragraph (10)(d), when a child is placed into secure or

21  nonsecure detention care, or into a respite home or other

22  placement pursuant to a court order following a hearing, the

23  court order must include specific instructions that direct the

24  release of the child from such placement no later than 5 p.m.

25  on the last day of the detention period specified in paragraph

26  (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,

27  whichever is applicable, unless the requirements of such

28  applicable provision have been met or an order of continuance

29  has been granted pursuant to paragraph (5)(f).

30         (5)(a)  A child may not be placed into or held in

31  secure, nonsecure, or home detention care or under detention


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                                          HB 63-C, First Engrossed



  1  supervision through the use of electronic monitoring in

  2  conjunction with a condition of confinement to a designated

  3  residence during designated hours for longer than 24 hours

  4  unless the court orders such detention care or supervision,

  5  and the order includes specific instructions that direct the

  6  release of the child from such detention care, in accordance

  7  with subsection (2). The order shall be a final order,

  8  reviewable by appeal pursuant to s. 985.234 and the Florida

  9  Rules of Appellate Procedure.  Appeals of such orders shall

10  take precedence over other appeals and other pending matters.

11         (c)  Except as provided in paragraph (g), a child may

12  not be held in secure, nonsecure, or home detention care or

13  under detention supervision through the use of electronic

14  monitoring in conjunction with a condition of confinement to a

15  designated residence during designated hours under a special

16  detention order for more than 21 days unless an adjudicatory

17  hearing for the case has been commenced in good faith by the

18  court.

19         (d)  Except as provided in paragraph (g), a child may

20  not be held in secure, nonsecure, or home detention care or

21  under detention supervision through the use of electronic

22  monitoring in conjunction with a condition of confinement to a

23  designated residence during designated hours for more than 15

24  days following the entry of an order of adjudication.

25         (6)(a)  When any child is placed in secure, nonsecure,

26  or home detention care, in detention supervision through the

27  use of electronic monitoring in conjunction with a condition

28  of confinement to a designated residence during designated

29  hours, or into other placement pursuant to a court order

30  following a detention hearing, the court shall order the

31  parents or guardians of such child to pay to the Department of


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                                          HB 63-C, First Engrossed



  1  Juvenile Justice fees in the amount of $5 per day that the

  2  child is under the care or supervision of the department in

  3  order to partially offset the cost of the care, support,

  4  maintenance, and other usual and ordinary obligations of

  5  parents to provide for the needs of their children, unless the

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

  7  guardian of the child is indigent.

  8         (8)  If a child is detained pursuant to this section,

  9  the Department of Juvenile Justice may transfer the child from

10  detention supervision through the use of electronic monitoring

11  in conjunction with a condition of confinement to a designated

12  residence during designated hours nonsecure or home detention

13  care to secure detention care only if significantly changed

14  circumstances warrant such transfer.

15         (9)  If a child is on release status and not detained

16  pursuant to this section, the child may be placed into secure,

17  nonsecure, or home detention care or into detention

18  supervision through the use of electronic monitoring in

19  conjunction with a condition of confinement to a designated

20  residence during designated hours only pursuant to a court

21  hearing in which the original risk assessment instrument,

22  rescored based on newly discovered evidence or changed

23  circumstances with the results recommending detention, is

24  introduced into evidence.

25         (10)(a)1.  When a child is committed to the Department

26  of Juvenile Justice awaiting dispositional placement, removal

27  of the child from detention care shall occur within 5 days,

28  excluding Saturdays, Sundays, and legal holidays. Any child

29  held in secure detention during the 5 days must meet detention

30  admission criteria pursuant to this section. If the child is

31  committed to a moderate-risk residential program, the


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                                          HB 63-C, First Engrossed



  1  department may seek an order from the court authorizing

  2  continued detention for a specific period of time necessary

  3  for the appropriate residential placement of the child.

  4  However, such continued detention in secure detention care may

  5  not exceed 15 days after commitment, excluding Saturdays,

  6  Sundays, and legal holidays, and except as otherwise provided

  7  in this subsection.

  8         2.  The court must place all children who are

  9  adjudicated and awaiting placement in a residential commitment

10  program in detention care. Children who are not subject to an

11  order of placement into secure detention care may be placed

12  into detention supervision through the use of electronic

13  monitoring in conjunction with a condition of confinement to a

14  designated residence during designated hours in home detention

15  care or nonsecure detention care may be placed on electronic

16  monitoring.

17         (b)  A child who is placed in detention supervision

18  through the use of electronic monitoring in conjunction with a

19  condition of confinement to a designated residence during

20  designated hours home detention care, nonsecure detention

21  care, or home or nonsecure detention care with electronic

22  monitoring, while awaiting placement in a low-risk or

23  moderate-risk program, may be held in secure detention care

24  for 5 days, if the child violates the conditions of such

25  monitoring or confinement the home detention care, the

26  nonsecure detention care, or the electronic monitoring

27  agreement.  For any subsequent violation, the court may impose

28  an additional 5 days in secure detention care.

29         (11)

30         (b)  When a juvenile sexual offender, pursuant to this

31  subsection, is released from detention care or supervision, or


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                                          HB 63-C, First Engrossed



  1  is transferred from secure detention to detention supervision

  2  through the use of electronic monitoring in conjunction with a

  3  condition of confinement to a designated residence during

  4  designated hours home detention or nonsecure detention,

  5  detention staff shall immediately notify the appropriate law

  6  enforcement agency and school personnel.

  7         Section 18.  Paragraph (a) of subsection (1) of section

  8  985.231, Florida Statutes, is amended to read:

  9         985.231  Powers of disposition in delinquency cases.--

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

11  adjudicated delinquent child may, by an order stating the

12  facts upon which a determination of a sanction and

13  rehabilitative program was made at the disposition hearing:

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

15  postcommitment probation program under the supervision of an

16  authorized agent of the Department of Juvenile Justice or of

17  any other person or agency specifically authorized and

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

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

20  place under such reasonable conditions as the court may

21  direct. A probation program for an adjudicated delinquent

22  child must include a penalty component such as restitution in

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

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

25  nonresidential punishment appropriate to the offense and must

26  also include a rehabilitative program component such as a

27  requirement of participation in substance abuse treatment or

28  in school or other educational program. If the child is

29  attending or is eligible to attend public school and the court

30  finds that the victim or a sibling of the victim in the case

31  is attending or may attend the same school as the child, the


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                                          HB 63-C, First Engrossed



  1  court placement order shall include a finding pursuant to the

  2  proceedings described in s. 985.23(1)(d). Upon the

  3  recommendation of the department at the time of disposition,

  4  or subsequent to disposition pursuant to the filing of a

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

  6  postcommitment probation, the court may order the child to

  7  submit to random testing for the purpose of detecting and

  8  monitoring the use of alcohol or controlled substances.

  9         a.  A restrictiveness level classification scale for

10  levels of supervision shall be provided by the department,

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

12  probation supervision requirements to reasonably ensure the

13  public safety. Probation programs for children shall be

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

15  specifically authorized by the court. These programs must

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

17  activities as described in this subparagraph, and shall be

18  designed to encourage the child toward acceptable and

19  functional social behavior. If supervision or a program of

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

21  such supervision or program must be consistent with any

22  treatment and rehabilitation needs identified for the child

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

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

25  that the duration of such supervision or program for an

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

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

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

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

30  the child and the parent or guardian could reasonably be

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


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                                          HB 63-C, First Engrossed



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

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

  3         b.  The court may conduct judicial review hearings for

  4  a child placed on probation for the purpose of fostering

  5  accountability to the judge and compliance with other

  6  requirements, such as restitution and community service. The

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

  8  has substantially complied with the terms and conditions of

  9  probation.

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

11  postcommitment probation program are violated, the department

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

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

14  violates the conditions of probation or postcommitment

15  probation must be brought before the court if sanctions are

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

17  violating the conditions of probation or postcommitment

18  probation shall be held pursuant to the provisions of s.

19  985.215(2)(h) in a consequence unit if such a unit is

20  available. The child shall be afforded a hearing within 24

21  hours after being taken into custody to determine the

22  existence of probable cause that the child violated the

23  conditions of probation or postcommitment probation. A

24  consequence unit is a secure facility specifically designated

25  by the department for children who are taken into custody

26  under s. 985.207 for violating probation or postcommitment

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

28  violated the conditions of probation or postcommitment

29  probation. If the violation involves a new charge of

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

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


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                                          HB 63-C, First Engrossed



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

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

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

  4  985.215. If the child denies violating the conditions of

  5  probation or postcommitment probation, the court shall appoint

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

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

  8  that the child has violated the conditions of probation or

  9  postcommitment probation, the court shall enter an order

10  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

15  is found to have violated the conditions of probation or

16  postcommitment probation, the court may:

17         (I)  Place the child in a secure detention facility

18  consequence unit in that judicial circuit, if available, for

19  up to 5 days for a first violation, and up to 15 days for a

20  second or subsequent violation.

21         (II)  Place the child in detention supervision through

22  electronic monitoring in conjunction with a condition of

23  confinement to a designated residence during designated hours

24  on home detention with electronic monitoring. However, this

25  sanction may be used only if a residential consequence unit is

26  not available.

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

28  or postcommitment probation program.

29         (IV)  Revoke probation or postcommitment probation and

30  commit the child to the department.

31


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                                          HB 63-C, First Engrossed



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

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

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

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

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

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

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

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

  9  center or facility or shelter.

10         3.  Commit the child to the Department of Juvenile

11  Justice at a residential commitment level defined in s.

12  985.03. Such commitment must be for the purpose of exercising

13  active control over the child, including, but not limited to,

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

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

16  postcommitment nonresidential conditional release program. If

17  the child is eligible to attend public school following

18  residential commitment and the court finds that the victim or

19  a sibling of the victim in the case is or may be attending the

20  same school as the child, the commitment order shall include a

21  finding pursuant to the proceedings described in s.

22  985.23(1)(d). If the child is not successful in the

23  conditional release program, the department may use the

24  transfer procedure under s. 985.404. Notwithstanding s. 743.07

25  and paragraph (d), and except as provided in s. 985.31, the

26  term of the commitment must be until the child is discharged

27  by the department or until he or she reaches the age of 21.

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

29  child.

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

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


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                                          HB 63-C, First Engrossed



  1  child, to render community service in a public service

  2  program.

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

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

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

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

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

  8  restitution in money, through a promissory note cosigned by

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

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

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

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

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

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

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

16  clerk as a result of receiving and dispensing restitution

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

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

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

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

21  guardian has made diligent and good faith efforts to prevent

22  the child from engaging in delinquent acts absolves the parent

23  or guardian of liability for restitution under this

24  subparagraph.

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

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

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

28  an alternative to monetary restitution or as part of the

29  rehabilitative or probation program.

30         8.  Commit the child to the Department of Juvenile

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


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                                          HB 63-C, First Engrossed



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

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

  3  habitual juvenile offenders must be for an indeterminate

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

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

  6  The court may retain jurisdiction over such child until the

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

  8  the child completing the program.

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

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

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

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

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

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

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

16  shall determine a reasonable amount or manner of restitution,

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

18  provided in subparagraph 6.

19         10.  Subject to specific appropriation, commit the

20  juvenile sexual offender to the Department of Juvenile Justice

21  for placement in a program or facility for juvenile sexual

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

23  juvenile sexual offender to a program or facility for juvenile

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

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

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

27  retain jurisdiction over a juvenile sexual offender until the

28  juvenile sexual offender reaches the age of 21, specifically

29  for the purpose of completing the program.

30         Section 19.  Paragraph (a) of subsection (10) of

31  section 985.404, Florida Statutes, is amended to read:


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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 63-C, First Engrossed



  1         985.404  Administering the juvenile justice

  2  continuum.--

  3         (10)(a)  The department shall operate a statewide,

  4  regionally administered system of detention services for

  5  children, in accordance with a comprehensive plan for the

  6  regional administration of all detention services in the

  7  state. The plan must provide for the maintenance of adequate

  8  availability of detention services for all counties. The plan

  9  must cover all the department's operating circuits, with each

10  operating circuit having a secure facility and detention

11  supervision services that include the use of electronic

12  monitoring nonsecure and home detention programs, and the plan

13  may be altered or modified by the Department of Juvenile

14  Justice as necessary.

15         Section 20.  Section 985.4075, Florida Statutes, is

16  amended to read:

17         985.4075  One-time startup funding for juvenile justice

18  purposes.--Funds from juvenile justice appropriations may be

19  utilized as one-time startup funding for juvenile justice

20  purposes that include, but are not limited to, remodeling or

21  renovation of existing facilities, construction costs, leasing

22  costs, purchase of equipment and furniture, site development,

23  and other necessary and reasonable costs associated with the

24  startup of facilities or programs.  However, any expenditures

25  for fixed capital outlay may only be made from a fixed capital

26  outlay appropriation category as defined in s. 216.011(1)(p)

27  and consistent with the intent of the appropriation.

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

29  2002.

30

31


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CODING: Words stricken are deletions; words underlined are additions.