Senate Bill sb1718c1

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    Florida Senate - 2002                           CS for SB 1718

    By the Committee on Criminal Justice; and Senator Smith





    307-2187-02

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 984.03, F.S.; revising definitions;

  4         repealing s. 984.03(3), (11), (16), (21), (38),

  5         (48), and (51), F.S., relating to definitions

  6         of the terms "addictions receiving facility,"

  7         "child who has been found to have committed a

  8         delinquent act," "delinquency program,"

  9         "diligent efforts of social service agency,"

10         "next of kin," "serious or habitual juvenile

11         offender program," and "staff-secure shelter";

12         amending s. 984.09, F.S.; allowing for shelter

13         stay for contempt of court by children in need

14         of services; authorizing referral to the

15         Department of Children and Family Services

16         under certain circumstances; providing for

17         assessment of a child for placement in

18         specified programs or facilities; amending ss.

19         984.05, 984.10, F.S.; conforming

20         cross-references; amending s. 984.12, F.S.;

21         revising provisions relating to case staffings

22         and case plans; repealing s. 984.14(8), F.S.,

23         relating to time limitation on placement in a

24         staff-secure facility; amending s. 984.15,

25         F.S.; adding the contracted provider of

26         services to those who may request the

27         Department of Juvenile Justice to file a

28         petition for a child in need of services;

29         correcting a cross reference; amending s.

30         984.225, F.S.; providing for extended shelter

31         placement and removing reference to

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  1         staff-secure shelters; amending s. 984.226,

  2         F.S.; removing reference to staff-secure

  3         shelters; amending s. 985.03, F.S.; revising

  4         definitions; repealing s. 985.03(34), (51), and

  5         (52), F.S., relating to definitions of

  6         "licensed health care professional," "shelter

  7         hearing," and "staff-secure shelter"; amending

  8         s. 985.201, F.S.; revising provisions relating

  9         to the period of jurisdiction in juvenile

10         cases; clarifying circumstances under which

11         jurisdiction may be retained; amending s.

12         985.207, F.S.; revising circumstances under

13         which a child may be taken into custody;

14         revising provisions relating to detention, to

15         conform; amending s. 985.2075, F.S.; conforming

16         a reference; amending s. 985.213, F.S.; adding

17         an act of terrorism to the list of

18         considerations relating to the use of

19         detention; providing exceptions relating to the

20         use of detention; revising provisions relating

21         to detention, to conform; amending s. 985.214,

22         F.S., relating to prohibited uses of detention,

23         to conform; amending s. 985.215, F.S.; allowing

24         a child charged with an act of terrorism to be

25         placed in secure detention; revising provisions

26         relating to detention, to conform; clarifying

27         circumstances under which a child may be placed

28         in detention care; expanding the circumstances

29         under which a child may continue to be held in

30         detention; clarifying criteria relating to

31         postcommitment detention; authorizing the court

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  1         to continue to hold a juvenile in detention if

  2         the court finds that the juvenile is a clear

  3         and present danger to himself or herself or to

  4         the community; requiring that the court specify

  5         by written order the need for and the benefits

  6         derived from continued detention; providing for

  7         future repeal; requiring that the Juvenile

  8         Justice Estimating Conference submit a report

  9         to the Legislature concerning the effect of the

10         act on the juvenile justice system and on the

11         number of juveniles held in detention; amending

12         s. 985.216, F.S.; revising provisions relating

13         to placement of a child in a secure facility;

14         amending s. 985.229, F.S.; requiring the

15         completion of a comprehensive evaluation within

16         a time certain; requiring that the department

17         report to the Legislature on the

18         recommendations for services and the placement

19         of children following such evaluation; amending

20         s. 985.231, F.S.; clarifying the powers of the

21         court relating to disposition in delinquency

22         cases; creating s. 985.2311, F.S.; revising

23         conditions of probation previously contained in

24         ss. 985.228, 985.231, F.S., and providing

25         additional conditions; revising circumstances

26         under which a child may be taken into custody

27         and detained in connection with a violation of

28         probation; amending s. 985.228, F.S., to

29         conform; creating s. 985.2312, F.S.; revising

30         conditions of commitment previously contained

31         in s. 985.231, F.S., and providing additional

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  1         conditions; limiting the circumstances under

  2         which the court may commit certain juvenile

  3         offenders for residential placement; creating

  4         s. 985.24, F.S.; revising provisions relating

  5         to the recoupment of cost of care presently

  6         contained in ss. 985.215, 985.231, F.S.;

  7         amending s. 985.308, F.S.; adding provisions

  8         concerning juvenile sex offender programs

  9         presently contained in s. 985.231, F.S.;

10         amending ss. 985.31, 985.313, 985.3141,

11         985.316, F.S., to conform references; amending

12         s. 985.404, F.S., relating to detention and

13         nonresidential commitment programs, to conform;

14         amending s. 985.4045, F.S.; defining the term

15         "juvenile offender"; amending s. 985.407, F.S.;

16         requiring that the Department of Juvenile

17         Justice adopt rules governing the development

18         of policies for contracted services and

19         programs; amending s. 316.635, F.S.; clarifying

20         court jurisdiction to sanction minors for

21         contempt of court for failure to appear;

22         amending s. 318.143, F.S.; clarifying court

23         jurisdiction to sanction minors for contempt of

24         court for failure to comply with court-imposed

25         sanctions; amending ss. 39.0015, 216.136,

26         419.001, 744.309, 784.075, 960.001, 985.21,

27         985.311, F.S.; conforming references; requiring

28         the Department of Juvenile Justice to develop

29         protocols for a comprehensive evaluation;

30         amending s. 790.22, F.S.; eliminating a

31         requirement that the Department of Juvenile

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  1         Justice report on minors charged with an

  2         offense that involves the use or possession of

  3         a firearm; providing an effective date.

  4

  5         WHEREAS, the Legislature was twice called into special

  6  session during 2001 to address budget shortfalls and to

  7  otherwise deal with the fiscal needs of the state, and

  8         WHEREAS, the Legislature, after expending considerable

  9  time and effort to examine avenues within the Department of

10  Juvenile Justice that would maximize administrative

11  efficiencies and restructure delivery of services, has crafted

12  a plan to maximize the use of limited fiscal resources in

13  order to maintain an effective continuum of juvenile justice

14  services for the state, NOW, THEREFORE,

15

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

17

18         Section 1.  Subsections (3), (11), (16), (21), (38),

19  (48), and (51) of section 984.03, Florida Statutes, are

20  repealed, subsections (4) through (56) are renumbered as

21  subsections (3) through (49), respectively, and present

22  subsections (18), (19), and (47) of that section are amended

23  to read:

24         984.03  Definitions.--When used in this chapter, the

25  term:

26         (15)(18)  "Detention care" means the temporary care or

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

28  detention, pending a court adjudication or disposition or

29  execution of a court order, either in secure detention or on

30  detention status, which may include the use of electronic

31  monitoring, in conjunction with a court-ordered condition of

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  1  confinement to a designated residence during designated hours.

  2  There are three types of detention care, as follows:

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

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

  5  detention center or facility pending adjudication,

  6  disposition, or placement.

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

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

  9  community in a physically nonrestrictive environment under the

10  supervision of the Department of Juvenile Justice pending

11  adjudication, disposition, or placement.

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

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

14  parent, guardian, or custodian in a physically nonrestrictive

15  environment under the supervision of the Department of

16  Juvenile Justice staff pending adjudication, disposition, or

17  placement.

18         (16)(19)  "Detention center or facility" means a

19  facility used, pending court adjudication or disposition or

20  execution of court order, for the temporary care of a child

21  alleged or found to have committed a violation of law.  A

22  detention center or facility shall may provide secure or

23  nonsecure custody. A facility used for the commitment of

24  adjudicated delinquents shall not be considered a detention

25  center or facility.

26         (42)(47)  "Secure detention center or facility" means

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

28  physical restriction of a detention center or facility a

29  physically restricting facility for the temporary care of

30  children, pending adjudication, disposition, or placement.

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  1         Section 2.  Section 984.05, Florida Statutes, is

  2  amended to read:

  3         984.05  Rules relating to habitual truants; adoption by

  4  Department of Education and Department of Juvenile

  5  Justice.--The Department of Juvenile Justice and the

  6  Department of Education shall work together on the development

  7  of, and shall adopt, rules as necessary for the implementation

  8  of ss. 232.19, 984.03(23) 984.03(27), and 985.03(25).

  9         Section 3.  Subsections (1), (2), (3), and (5) of

10  section 984.09, Florida Statutes, are amended to read:

11         984.09  Punishment for contempt of court; alternative

12  sanctions.--

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

14  may punish any child for contempt for interfering with the

15  court or with court administration, or for violating any

16  provision of this chapter or order of the court relative

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

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

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

20  commits direct contempt of court or indirect contempt of a

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

22  serve an alternative sanction or placed for a period in a

23  temporary shelter in a secure facility, as authorized in this

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

25         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

26  placed in a secure facility for purposes of punishment for

27  contempt of court if alternative sanctions are unavailable or

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

29  serve an alternative sanction but failed to comply with the

30  sanction.

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

  2  indirect contempt may be placed in a secure detention facility

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

  4  subsequent offense, or in a secure residential commitment

  5  facility.

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

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

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

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

10  residential facility solely for children in need of services

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

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

13  health facility or substance abuse facility for assessment. In

14  addition to disposition under this paragraph, A child in need

15  of services who is held in direct contempt or indirect

16  contempt may be placed in a physically secure setting as

17  provided under s. 984.226 if conditions of eligibility are

18  met.

19         (3)  ALTERNATIVE SANCTIONS.--

20         (a)  Each judicial circuit shall have an alternative

21  sanctions coordinator who shall serve under the chief

22  administrative judge of the juvenile division of the circuit

23  court, and who shall coordinate and maintain a spectrum of

24  contempt sanction alternatives in conjunction with the circuit

25  plan implemented in accordance with s. 790.22(4)(c). Upon

26  determining that a child has committed direct contempt of

27  court or indirect contempt of a valid court order, the court

28  may immediately request the alternative sanctions coordinator

29  to recommend the most appropriate available alternative

30  sanction and shall order the child to perform up to 50 hours

31  of community-service manual labor or a similar alternative

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  1  sanction, unless an alternative sanction is unavailable or

  2  inappropriate, or unless the child has failed to comply with a

  3  prior alternative sanction.  Alternative contempt sanctions

  4  may be provided by local industry or by any nonprofit

  5  organization or any public or private business or service

  6  entity that has entered into a contract with the Department of

  7  Juvenile Justice to act as an agent of the state to provide

  8  voluntary supervision of children on behalf of the state in

  9  exchange for the manual labor of children and limited immunity

10  in accordance with s. 768.28(11).

11         (b)  If the sanctions provided in paragraph (a) are

12  unavailable or inappropriate, a child in need of services who

13  has been held in direct contempt or indirect contempt may be

14  placed for up to 15 days for a first offense or up to 30 days

15  for a second or subsequent offense in a shelter that is

16  licensed as a child-caring agency under chapter 409 and has

17  contracted to provide services to children in need of services

18  and families in need of services.  If such placement is not

19  available or not in the best interest of the child, the child

20  may be referred to the Department of Children and Family

21  Services for placement in an appropriate mental health

22  facility or substance abuse facility for assessment under the

23  criteria established in chapter 393, chapter 394, or chapter

24  397.

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

26  created the position of alternative sanctions coordinator

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

28  alternative sanctions coordinator shall serve under the

29  direction of the chief administrative judge of the juvenile

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

31  alternative sanctions coordinator shall act as the liaison

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  1  between the judiciary, local department officials, district

  2  school board employees, and local law enforcement agencies.

  3  The alternative sanctions coordinator shall coordinate within

  4  the circuit community-based alternative sanctions, including

  5  nonsecure detention programs, community service projects, and

  6  other juvenile sanctions, in conjunction with the circuit plan

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

  8         Section 4.  Subsection (2) of section 984.10, Florida

  9  Statutes, is amended to read:

10         984.10  Intake.--

11         (2)  A representative of the department shall make a

12  preliminary determination as to whether the report or

13  complaint is complete. The criteria for the completeness of a

14  report or complaint with respect to a child alleged to be from

15  a family in need of services while subject to compulsory

16  school attendance shall be governed by s. 984.03(23) s.

17  984.03(27). In any case in which the representative of the

18  department finds that the report or complaint is incomplete,

19  the representative of the department shall return the report

20  or complaint without delay to the person or agency originating

21  the report or complaint or having knowledge of the facts or to

22  the appropriate law enforcement agency having investigative

23  jurisdiction and request additional information in order to

24  complete the report or complaint.

25         Section 5.  Subsections (1), (3), (4), and (6) of

26  section 984.12, Florida Statutes, are amended to read:

27         984.12  Case staffing; services and treatment to a

28  family in need of services.--

29         (1)  The appropriate representative of the department

30  shall request a meeting of the family and child with a case

31  staffing committee to review the case of any family or child

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  1  who the department determines is in need of services or

  2  treatment if:

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

  4  services or treatment offered;

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

  6  services or treatment selected; or

  7         (b)(c)  The representative of the department needs

  8  assistance in developing an appropriate plan for services.

  9  The time and place selected for the meeting shall be

10  convenient for the child and family.

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

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

13  needed services and treatment through the development of a

14  case plan for services.

15         (4)  The case plan for services shall contain, but is

16  not limited to, the following:

17         (a)  Statement of the problems.

18         (b)  Needs of the child.

19         (c)  Needs of the parents, guardian, or legal

20  custodian.

21         (d)  Measurable objectives that address the identified

22  problems and needs.

23         (e)  Services and treatment to be provided, to include:

24         1.  Type of services or treatment.

25         2.  Frequency of services or treatment.

26         3.  Location.

27         4.  Accountable service providers or staff.

28         (f)  Timeframes for achieving objectives.

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 as implemented by the contracted

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  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  custodian to withdraw from services.

10         Section 6.  Subsection (8) of section 984.14, Florida

11  Statutes, is repealed.

12         Section 7.  Paragraphs (a) and (c) of subsection (2)

13  and paragraph (c) of subsection (3) of section 984.15, Florida

14  Statutes, are amended to read:

15         984.15  Petition for a child in need of services.--

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

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

18  committee, and the contracted provider of services request

19  requests that a petition be filed and:

20         1.  The family and child have in good faith used the

21  services prescribed in the case plan without meeting a

22  majority of the case plan objectives, but unsuccessfully, used

23  the services and process described in ss. 984.11 and 984.12;

24  or

25         2.  The family or child have not participated in the

26  refused all services described in ss. 984.11 and 984.12 after

27  reasonable efforts by the department to involve the family and

28  child in services and treatment.

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

30  specific grounds under s. 984.03(8) s. 984.03(9) by which the

31  child is designated a child in need of services, and shall

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  1  certify that the conditions prescribed in paragraph (a) have

  2  been met.  The petition shall be signed by the petitioner

  3  under oath stating good faith in filing the petition and shall

  4  be signed by an attorney for the department.

  5         (3)

  6         (c)  The petition must be in writing and must set forth

  7  specific facts alleging that the child is a child in need of

  8  services as defined in s. 984.03(8) s. 984.03(9). The petition

  9  must also demonstrate that the parent, guardian, or legal

10  custodian has in good faith, but unsuccessfully, participated

11  in the services and processes described in ss. 984.11 and

12  984.12.

13         Section 8.  Section 984.225, Florida Statutes, is

14  amended to read:

15         984.225  Powers of disposition; extended placement in a

16  staff-secure shelter beyond 35 days.--

17         (1)  Subject to specific legislative appropriation, The

18  court may order that a child adjudicated as a child in need of

19  services be placed for up to 45 days in addition to the 35

20  days prescribed in s. 984.14(5) 90 days in a staff-secure

21  shelter if:

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

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

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

25  result of an established pattern of significant disruptive

26  behavior of the child that poses a threat to the safety of

27  family members in the child's household, but does not pose a

28  threat to children residing in the shelter or to the staff of

29  the temporary shelter in the home of the parent, guardian, or

30  legal custodian;

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

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

  3  custodian, as evidenced by repeatedly running away and failing

  4  to comply with a court order; or

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

  6  alternative treatment program or to comply with a

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

  8  residential program on at least one prior occasion pursuant to

  9  a court order under this chapter.

10         (2)  This section applies after other alternative,

11  less-restrictive remedies have been exhausted. The court may

12  order that a child be placed in a staff-secure shelter. The

13  department, or an authorized representative of the department,

14  must verify to the court that a bed is available for the

15  child. If the department or an authorized representative of

16  the department verifies that a bed is not available, the

17  department shall will place the child's name on a waiting

18  list. The child who has been on the waiting list the longest

19  shall will get the next available bed.

20         (3)  The court shall order the parent, guardian, or

21  legal custodian to cooperate with efforts to reunite the child

22  with the family, participate in counseling, and pay all costs

23  associated with the care and counseling provided to the child

24  and family, in accordance with the family's ability to pay as

25  determined by the court. Commitment of a child under this

26  section is designed to provide residential care on a temporary

27  basis. Such commitment does not abrogate the legal

28  responsibilities of the parent, guardian, or legal custodian

29  with respect to the child, except to the extent that those

30  responsibilities are temporarily altered by court order.

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

  2  child shall receive education commensurate with his or her

  3  grade level and educational ability.

  4         (5)  If a child has not been reunited with his or her

  5  parent, guardian, or legal custodian at the expiration of the

  6  90-day commitment period, the court may order that the child

  7  remain in the staff-secure shelter for an additional 30 days

  8  if the court finds that reunification could be achieved within

  9  that period.

10         (6)  The department is deemed to have exhausted the

11  reasonable remedies offered under this chapter if, at the end

12  of the commitment period, the parent, guardian, or legal

13  custodian continues to refuse to allow the child to remain at

14  home or creates unreasonable conditions for the child's

15  return. If, at the end of the commitment period, the child is

16  not reunited with his or her parent, guardian, or custodian

17  due solely to the continued refusal of the parent, guardian,

18  or custodian to provide food, clothing, shelter, and parental

19  support, the child is considered to be threatened with harm as

20  a result of such acts or omissions, and the court shall direct

21  that the child be handled in every respect as a dependent

22  child. Jurisdiction shall be transferred to the Department of

23  Children and Family Services and the child's care shall be

24  governed under parts II and III of chapter 39.

25         (7)  The court shall review the child's commitment once

26  every 45 days as provided in s. 984.20. The court shall

27  determine if the parent, guardian, or custodian has reasonably

28  participated in and financially contributed to the child's

29  counseling and treatment program. The court shall also

30  determine whether the department's efforts to reunite the

31  family have been reasonable. If the court finds an inadequate

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  1  level of support or participation by the parent, guardian, or

  2  custodian prior to the end of the commitment period, the court

  3  shall direct that the child be handled in every respect as a

  4  dependent child. Jurisdiction shall be transferred to the

  5  Department of Children and Family Services and the child's

  6  care shall be governed under parts II and III of chapter 39.

  7         (8)  If the child requires residential mental health

  8  treatment or residential care for a developmental disability,

  9  the court shall refer the child to the Department of Children

10  and Family Services for the provision of necessary services.

11         Section 9.  Subsection (3) of section 984.226, Florida

12  Statutes, is amended to read:

13         984.226  Physically secure setting.--

14         (3)  When a child is adjudicated as a child in need of

15  services by a court, the court may order the child to be

16  placed in a physically secure setting authorized in this

17  section if the child has:

18         (a)  Failed to appear for placement in a staff-secure

19  shelter under s. 984.225, or failed to comply with any other

20  provision of a valid court order relating to such placement

21  and, as a result of such failure, has been found to be in

22  direct or indirect contempt of court; or

23         (b)  Run away from a staff-secure shelter following

24  placement under s. 984.225 or s. 984.09.

25

26  The department or an authorized representative of the

27  department must verify to the court that a bed is available

28  for the child. If a bed is not available, the court must stay

29  the placement until a bed is available, and the department

30  must place the child's name on a waiting list. The child who

31

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  1  has been on the waiting list the longest has first priority

  2  for placement in the physically secure setting.

  3         Section 10.  Subsections (34), (51), and (52) of

  4  section 985.03, Florida Statutes, are repealed, subsections

  5  (35) through (59) are renumbered as subsections (34) through

  6  (56), respectively, and present subsections (18), (19), (45),

  7  and (47) of that section are amended to read:

  8         985.03  Definitions.--When used in this chapter, the

  9  term:

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

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

12  detention, pending a court adjudication or disposition or

13  execution of a court order, either in secure detention or on

14  detention status, which may include the use of electronic

15  monitoring, in conjunction with a court-ordered condition of

16  confinement to a designated residence during designated hours.

17  There are three types of detention care, as follows:

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

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

20  detention center or facility pending adjudication,

21  disposition, or placement.

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

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

24  community in a physically nonrestrictive environment under the

25  supervision of the Department of Juvenile Justice pending

26  adjudication, disposition, or placement.

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

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

29  parent, guardian, or custodian in a physically nonrestrictive

30  environment under the supervision of the Department of

31

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  1  Juvenile Justice staff pending adjudication, disposition, or

  2  placement.

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

  4  used, pending court adjudication or disposition or execution

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

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

  7  center or facility shall may provide secure or nonsecure

  8  custody. A facility used for the commitment of adjudicated

  9  delinquents shall not be considered a detention center or

10  facility.

11         (44)(45)  "Residential commitment level" means the

12  level of security provided by programs that service the

13  supervision, custody, care, and treatment needs of committed

14  children. Sections 985.3141 and 985.404(4)(13) apply to

15  children placed in programs at any residential commitment

16  level.  The levels of residential commitment are as follows:

17         (a)  Low-risk residential.--Programs or program models

18  at this commitment level are residential but may allow youth

19  to have unsupervised access to the community. Youth assessed

20  and classified for placement in programs at this commitment

21  level represent a low risk to themselves and public safety but

22  do require placement and services in residential settings.

23  Children who have been found to have committed delinquent acts

24  that involve firearms, delinquent acts that are sexual

25  offenses, or delinquent acts that would be life felonies or

26  first degree felonies if committed by an adult shall not be

27  committed to a program at this level.

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

29  models at this commitment level are residential but may allow

30  youth to have supervised access to the community. Facilities

31  are either environmentally secure, staff secure, or are

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

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

  3  care, and treatment of residents. Youth assessed and

  4  classified for placement in programs at this commitment level

  5  represent a moderate risk to public safety and require close

  6  supervision. The staff at a facility at this commitment level

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

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

  9  necessary.

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

11  at this commitment level are residential and shall not allow

12  youth to have access to the community.  Facilities are

13  hardware-secure with perimeter fencing and locking doors.

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

15  care, and treatment of residents.  Youth assessed and

16  classified for this level of placement require close

17  supervision in a structured residential setting. Placement in

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

19  safety that outweighs placement in programs at lower

20  commitment levels. The staff at a facility at this commitment

21  level may seclude a child who is a physical threat to himself

22  or herself or others.  Mechanical restraint may also be used

23  when necessary.  The facility may provide for single cell

24  occupancy.

25         (d)  Maximum-risk residential.--Programs or program

26  models at this commitment level include juvenile correctional

27  facilities and juvenile prisons.  The programs are long-term

28  residential and shall not allow youth to have access to the

29  community.  Facilities are maximum-custody hardware-secure

30  with perimeter security fencing and locking doors.  Facilities

31  shall provide 24-hour awake supervision, custody, care, and

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  1  treatment of residents.  The staff at a facility at this

  2  commitment level may seclude a child who is a physical threat

  3  to himself or herself or others.  Mechanical restraint may

  4  also be used when necessary.  The facility shall provide for

  5  single cell occupancy, except that youth may be housed

  6  together during prerelease transition. Youth assessed and

  7  classified for this level of placement require close

  8  supervision in a maximum security residential setting.

  9  Placement in a program at this level is prompted by a

10  demonstrated need to protect the public.

11         (46)(47)  "Secure detention center or facility" means

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

13  physical restriction of a detention center or facility a

14  physically restricting facility for the temporary care of

15  children, pending adjudication, disposition, or placement.

16         Section 11.  Subsection (4) of section 985.201, Florida

17  Statutes, is amended to read:

18         985.201  Jurisdiction.--

19         (4)(a)  Notwithstanding s. ss. 743.07, 985.229, 985.23,

20  and 985.231, and except as provided in this section and s.

21  985.233 ss. 985.31 and 985.313, when the jurisdiction of any

22  child who is alleged to have committed a delinquent act or

23  violation of law is obtained, the court shall retain

24  jurisdiction, unless relinquished by its order, until the

25  child reaches 19 years of age, with the same power over the

26  child that the court had prior to the child becoming an adult.

27  The court may continue to retain jurisdiction of the child

28  beyond the child's 19th birthday in accordance with the

29  following:

30         (a)(b)1.  The court may retain jurisdiction over a

31  child committed to the department for placement in a juvenile

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  1  prison or in a high-risk or maximum-risk residential

  2  commitment program to allow the child to participate in a

  3  juvenile conditional release program pursuant to s. 985.316.

  4  In no case shall the jurisdiction of the court be retained

  5  beyond the child's 22nd birthday.  However, if the child is

  6  not successful in the conditional release program, the

  7  department may use the transfer procedure under s. 985.404.

  8         (b)2.  The court may retain jurisdiction over a child

  9  committed to the department for placement in an intensive

10  residential treatment program for 10-year-old to 13-year-old

11  offenders, in the residential commitment program in a juvenile

12  prison, in a residential sex offender program, or in a program

13  for serious or habitual juvenile offenders as provided in s.

14  985.311 or s. 985.31 until the child reaches the age of 21.

15  The court may exercise jurisdiction retention solely for the

16  purpose of allowing the child to complete such program. If the

17  court exercises this jurisdiction retention, it shall do so

18  solely for the purpose of the child completing the intensive

19  residential treatment program for 10-year-old to 13-year-old

20  offenders, in the residential commitment program in a juvenile

21  prison, in a residential sex offender program, or the program

22  for serious or habitual juvenile offenders. Such jurisdiction

23  retention does not apply for other programs, other purposes,

24  or new offenses.

25         (c)  The court may retain jurisdiction over a child and

26  the child's parent or legal guardian whom the court has

27  ordered to pay restitution until the restitution order is

28  satisfied or until the court orders otherwise. If the court

29  retains such jurisdiction after the date upon which the

30  court's jurisdiction would cease under this section, it shall

31  do so solely for the purpose of enforcing the restitution

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  1  order. The terms of the restitution order are subject to the

  2  provisions of s. 775.089(5).

  3         (d)  This subsection does not prevent the exercise of

  4  jurisdiction by any court having jurisdiction of the child if

  5  the child, after becoming an adult, commits a violation of

  6  law.

  7         Section 12.  Paragraphs (b) and (d) of subsection (1)

  8  of section 985.207, Florida Statutes, are amended to read:

  9         985.207  Taking a child into custody.--

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

11  following circumstances:

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 or

16  terrorism, the arresting authority shall immediately notify

17  the district school superintendent, or the superintendent's

18  designee, of the school district with educational jurisdiction

19  of the 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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  1         (d)  By a law enforcement officer who has probable

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

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

  4  probation, home detention, postcommitment probation, or

  5  conditional release supervision or that the child has escaped

  6  from commitment.

  7

  8  Nothing in this subsection shall be construed to allow the

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

10  in s. 985.215.

11         Section 13.  Subsection (1) of section 985.2075,

12  Florida Statutes, is amended to read:

13         985.2075  Youth custody officer.--

14         (1)  There is created within the Department of Juvenile

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

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

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

18  has violated the conditions of probation, court-ordered home

19  detention supervision, or conditional release, or

20  postcommitment probation, or has failed to appear in court

21  after being properly noticed. The authority of the youth

22  custody officer to take youth into custody is specifically

23  limited to this purpose.

24         Section 14.  Subsections (1) and (2) and paragraph (a)

25  of subsection (3) of section 985.213, Florida Statutes, are

26  amended to read:

27         985.213  Use of detention.--

28         (1)  All determinations and court orders regarding the

29  use of secure, nonsecure, or home detention care or detention

30  supervision, which may include the use of electronic

31  monitoring, in conjunction with a court-ordered condition of

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  1  confinement to a designated residence during designated hours

  2  prior to disposition shall be based primarily upon findings

  3  that the child:

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

  5  subsequent hearing;

  6         (b)  Presents a substantial risk of inflicting bodily

  7  harm on others as evidenced by recent behavior;

  8         (c)  Presents a history of committing a property

  9  offense prior to adjudication, disposition, or placement;

10         (d)  Has committed contempt of court by:

11         1.  Intentionally disrupting the administration of the

12  court;

13         2.  Intentionally disobeying a court order; or

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

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

16  dignity of the court; or

17         (e)  Requests protection from imminent bodily harm; or

18         (f)  Is charged with an act of terrorism as defined in

19  s. 775.30.

20         (2)(a)  Except as provided in ss. 985.2311, 985.2312,

21  and 985.2313, all determinations and court orders regarding

22  placement of a child into detention care shall comply with all

23  requirements and criteria provided in this part and shall be

24  based on a risk assessment of the child, unless the child is

25  placed into detention care as provided in subparagraph (b)3.

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

27  care placement determinations and orders shall be developed by

28  the Department of Juvenile Justice in agreement with

29  representatives appointed by the following associations: the

30  Conference of Circuit Judges of Florida, the Prosecuting

31  Attorneys Association, the Public Defenders Association, the

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  1  Florida Sheriffs Association, and the Florida Association of

  2  Chiefs of Police.  Each association shall appoint two

  3  individuals, one representing an urban area and one

  4  representing a rural area.  The parties involved shall

  5  evaluate and revise the risk assessment instrument as is

  6  considered necessary using the method for revision as agreed

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

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

  9  failure to appear, prior offenses, offenses committed pending

10  adjudication, any unlawful possession of a firearm, any charge

11  involving an act of terrorism, theft of a motor vehicle or

12  possession of a stolen motor vehicle, and probation status at

13  the time the child is taken into custody. The risk assessment

14  instrument shall also take into consideration appropriate

15  aggravating and mitigating circumstances, and shall be

16  designed to target a narrower population of children than s.

17  985.215(2). The risk assessment instrument shall also include

18  any information concerning the child's history of abuse and

19  neglect. The risk assessment shall indicate whether detention

20  care is warranted, and, if detention care is warranted,

21  whether the child should be placed into secure, nonsecure, or

22  home detention care or under detention supervision, which may

23  include the use of electronic monitoring, in conjunction with

24  a court-ordered condition of confinement to a designated

25  residence during designated hours.

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

27  material error in the scoring of the risk assessment

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

29  accuracy.

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

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

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

  2  the court makes specific written findings that:

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

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

  5  detention in order to protect the victim from injury.

  6

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

  8  subparagraph for more than 48 hours unless ordered by the

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

10  state attorney or victim requests that secure detention be

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

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

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

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

15  limits set forth in s. 985.215.

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

17  department or a designated agent of the department, which may

18  include the use of electronic monitoring, in conjunction with

19  a court-ordered condition of confinement to a designated

20  residence during designated hours, through probation, home

21  detention, nonsecure detention, conditional release,

22  postcommitment probation, or commitment and who is charged

23  with committing a new offense, the risk assessment instrument

24  may be completed and scored based on the underlying charge for

25  which the child was placed under such the supervision of the

26  department and the new offense.

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

28  school is under detention supervision, which may include the

29  use of electronic monitoring, in conjunction with a condition

30  of confinement to a designated residence during designated

31  hours in nonsecure or home detention care, the child shall

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  1  continue to attend school unless otherwise ordered by the

  2  court.

  3         Section 15.  Subsection (1) of section 985.214, Florida

  4  Statutes, is amended to read:

  5         985.214  Prohibited uses of detention.--

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

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

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

  9  department, which supervision may include the use of

10  electronic monitoring, in conjunction with a court-ordered

11  condition of confinement to a designated residence during

12  designated hours, for any of the following reasons:

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

14  responsibility.

15         (b)  To permit more convenient administrative access to

16  the child.

17         (c)  To facilitate further interrogation or

18  investigation.

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

20         Section 16.  Subsections (1), (2), (6), (8), and (9),

21  paragraphs (a), (c), (d), and (g) of subsection (5),

22  paragraphs (a) and (b) of subsection (10), and paragraph (b)

23  of subsection (11) of section 985.215, Florida Statutes, are

24  amended to read:

25         985.215  Detention.--

26         (1)  The juvenile probation officer shall receive

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

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

29  enforcement report or probable cause affidavit and make such

30  further inquiry as may be necessary to determine whether

31  detention care is required.

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

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

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

  4  detention care or under detention supervision, which may

  5  include the use of electronic monitoring, in conjunction with

  6  a condition of confinement to a designated residence during

  7  designated hours, nonsecure detention care, or home detention

  8  care shall be made by the juvenile probation officer pursuant

  9  to ss. 985.213 and 985.214.

10         (b)  The juvenile probation officer shall base the

11  decision whether or not to place the child into secure

12  detention care or under detention supervision, which may

13  include the use of electronic monitoring, in conjunction with

14  a condition of confinement to a designated residence during

15  designated hours, home detention care, or nonsecure detention

16  care on an assessment of risk in accordance with the risk

17  assessment instrument and procedures developed by the

18  Department of Juvenile Justice under s. 985.213. However, a

19  child charged with possessing or discharging a firearm on

20  school property in violation of s. 790.115 or charged with an

21  act of terrorism as defined in s. 775.30 shall be placed in

22  secure detention care.

23         (c)  If the juvenile probation officer determines that

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

25  of the risk assessment instrument should be released, the

26  juvenile probation officer shall contact the state attorney,

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

28  child may be released by the juvenile probation officer in

29  accordance with s. 985.211.

30

31

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  1  Under no circumstances shall the juvenile probation officer or

  2  the state attorney or law enforcement officer authorize the

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

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

  5  court.

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

  7  child taken into custody and placed under detention

  8  supervision, which may include the use of electronic

  9  monitoring, in conjunction with a condition of confinement to

10  a designated residence during designated hours into nonsecure

11  or home detention care or detained in secure detention care

12  prior to a detention hearing may continue to be detained by

13  the court if:

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

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

16  conditional release supervision, or is alleged to have escaped

17  while being lawfully transported to or from such program or

18  supervision.

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

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

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

22  violation of law and requests in writing through legal counsel

23  to be detained for protection from an imminent physical threat

24  to his or her personal safety.

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

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

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

28         (e)  The child is charged with possession or

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

30  790.115.

31

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  1         (f)  The child is charged with an act of terrorism as

  2  defined in s. 775.30.

  3         (g)(f)  The child is charged with a capital felony, a

  4  life felony, a felony of the first degree, a felony of the

  5  second degree that does not involve a violation of chapter

  6  893, or a felony of the third degree that is also a crime of

  7  violence, including any such offense involving the use or

  8  possession of a firearm.

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

10  third degree felony involving a violation of chapter 893 or

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

12  and the child:

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

14  after being properly notified in accordance with the Rules of

15  Juvenile Procedure;

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

17  hearings;

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

19  is awaiting final disposition of the case;

20         4.  Has a record of violent conduct resulting in

21  physical injury to others; or

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

23         (i)(h)  The child is alleged to have violated the

24  conditions of the child's probation or conditional release

25  supervision. However, a child detained under this paragraph

26  may be held only in a consequence unit as provided in s.

27  985.231(1)(a)1.c. If a consequence unit is not available, the

28  child shall be placed on home detention supervision, which may

29  include the use of with electronic monitoring.

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

31  failure to appear and has previously willfully failed to

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

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

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

  4  72 hours in advance of the next scheduled court hearing

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

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

  7  valid mailing address where the child will receive notice to

  8  appear at court proceedings does not provide an adequate

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

10  hearings.

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

12  failure to appear and has previously willfully failed to

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

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

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

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

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

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

19  current and valid mailing address where the child will receive

20  notice to appear at court proceedings does not provide an

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

22  the hearings.

23         (l)  The court finds that the child is a clear and

24  present danger to himself or herself or to the community, in

25  which case the court may detain the child through a written

26  order. The written order must specify the need for continued

27  detention and the benefits derived by the child or the

28  community due to holding the child in detention. A child who

29  meets the criteria for involuntary examination under s.

30  394.463 may be detained only pursuant to the provisions of

31  chapter 394. This paragraph expires October 1, 2004.

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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), or paragraph (l), the

10  court shall use utilize the results of the risk assessment

11  performed by the juvenile probation officer and, based on the

12  criteria in this subsection, shall determine the need for

13  continued detention. A child placed into secure, nonsecure, or

14  home detention care or under detention supervision, which may

15  include the use of electronic monitoring, in conjunction with

16  a condition of confinement to a designated residence during

17  designated hours may continue to be so detained by the court

18  pursuant to this subsection. If the court orders a placement

19  more restrictive than indicated by the results of the risk

20  assessment instrument, the court shall state, in writing,

21  clear and convincing reasons for such placement. Except as

22  provided in s. 790.22(8) or as otherwise provided in

23  subsection (10) subparagraph (10)(a)2., paragraph (10)(b),

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

25  placed into secure or nonsecure detention care, under

26  detention supervision, which may include the use of electronic

27  monitoring, in conjunction with a condition of confinement to

28  a designated residence during designated hours, or into a

29  respite home or other placement pursuant to a court order

30  following a hearing, the court order must include specific

31  instructions that direct the release of the child from such

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

  2  detention period allowed by law or any lesser period of

  3  detention specified in the order of the court. The child shall

  4  be released from detention care as directed by such order

  5  unless paragraph (5)(b) or paragraph (5)(c), or subparagraph

  6  (10)(a)1., whichever is applicable, unless the requirements of

  7  such applicable provision have been met or an order of

  8  continuance has been granted pursuant to paragraph (5)(f) or

  9  continued detention is authorized by operation of law.

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

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

12  supervision, which may include the use of electronic

13  monitoring, in conjunction with a condition of confinement to

14  a designated residence during designated hours for longer than

15  24 hours unless the court orders such detention care or

16  supervision, and the order includes specific instructions that

17  direct the release of the child from such detention care, in

18  accordance with subsection (2). The order shall be a final

19  order, reviewable by appeal pursuant to s. 985.234 and the

20  Florida Rules of Appellate Procedure.  Appeals of such orders

21  shall take precedence over other appeals and other pending

22  matters.

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

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

25  under detention supervision, which may include the use of

26  electronic monitoring, in conjunction with a condition of

27  confinement to a designated residence during designated hours

28  under a special detention order for more than 21 days unless

29  an adjudicatory hearing for the case has been commenced in

30  good faith by the court.

31

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

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

  3  under detention supervision, which may include the use of

  4  electronic monitoring, in conjunction with a condition of

  5  confinement to a designated residence during designated hours

  6  for more than 15 days following the entry of an order of

  7  adjudication.

  8         (g)  The court may allow the continued detention of a

  9  child under the following circumstances:

10         1.  Upon good cause being shown that the nature of the

11  charge requires additional time for the prosecution or defense

12  of the case, the court may extend the time limits for

13  detention specified in paragraph (c) an additional 9 days if

14  the child is charged with an offense that would be, if

15  committed by an adult, a capital felony, a life felony, a

16  felony of the first degree, or a felony of the second degree

17  involving violence against any individual; or

18         2.  Upon making a specific, written finding that

19  detention care is necessary to ensure public safety in the

20  case of a child who is charged with an act of terrorism as

21  defined in s. 775.30 subsequent to a hearing on its own motion

22  or that of any party prior to the expiration of the detention

23  time limits specified in this subsection.

24         (6)(a)  When any child is placed into secure,

25  nonsecure, or home detention care, under detention

26  supervision, which may include the use of electronic

27  monitoring, in conjunction with a condition of confinement to

28  a designated residence during designated hours, or into other

29  placement pursuant to a court order following a detention

30  hearing, the court shall proceed in accordance with s. 985.24

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

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  1  Department of Juvenile Justice fees in the amount of $5 per

  2  day that the child is under the care or supervision of the

  3  department in order to partially offset the cost of the care,

  4  support, maintenance, and other usual and ordinary obligations

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

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

  7  guardian of the child is indigent.

  8         (b)  At the time of the detention hearing, the

  9  department shall report to the court, verbally or in writing,

10  any available information concerning the ability of the parent

11  or guardian of the child to pay such fee. If the court makes a

12  finding of indigency, the parent or guardian shall pay to the

13  department a nominal subsistence fee of $2 per day that the

14  child is securely detained outside the home or $1 per day if

15  the child is otherwise detained in lieu of other fees related

16  to the parent's obligation for the child's cost of care.  The

17  nominal subsistence fee may only be waived or reduced if the

18  court makes a finding that such payment would constitute a

19  significant financial hardship.  Such finding shall be in

20  writing and shall contain a detailed description of the facts

21  that led the court to make both the finding of indigency and

22  the finding of significant financial hardship.

23         (c)  In addition, the court may reduce the fees or

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

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

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

27  the child is detained and that the parent or guardian is

28  cooperating in the investigation of the offense.

29         (d)  The court must include specific findings in the

30  detention order as to what fees are ordered, reduced, or

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

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  1  this subsection, it shall be presumed that the court intended

  2  the parent or guardian to pay to the department the fee of $5

  3  per day that the child remains in detention care.

  4         (e)  With respect to a child who has been found to have

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

  6  adjudication is withheld, and whose parent or guardian

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

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

  9  otherwise order the payments of the portion of the public

10  assistance relating to that child to offset the costs of

11  providing care, custody, maintenance, rehabilitation,

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

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

14  order shall be delivered to the judge having jurisdiction of

15  the guardianship estate.

16         (f)  The clerk of the circuit court shall act as a

17  depository for these fees.  Upon each payment received, the

18  clerk of the circuit court shall receive a fee from the total

19  payment of 3 percent of any payment made except that no fee

20  shall be less than $1 nor more than $5 per payment made.  This

21  fee shall serve as a service charge for the administration,

22  management, and maintenance of each payment.  At the end of

23  each month, the clerk of the circuit court shall send all

24  money collected under this section to the state Grants and

25  Donations Trust Fund.

26         (g)  The parent or guardian shall provide to the

27  department the parent's or guardian's name, address, social

28  security number, date of birth, and driver's license number or

29  identification card number and sufficient financial

30  information for the department to be able to determine the

31  parent's or guardian's ability to pay. If the parent or

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  1  guardian refuses to provide the department with any

  2  identifying information or financial information, the court

  3  shall order the parent to comply and may pursue contempt of

  4  court sanctions for failure to comply.

  5         (h)  The department may employ a collection agency for

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

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

  8  registered and in good standing under chapter 559. The

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

10  amount collected under the claim or may authorize the agency

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

12  may also pay for collection services from available authorized

13  funds.

14         (i)  The department may enter into agreements with

15  parents or guardians to establish a schedule of periodic

16  payments if payment of the obligation in full presents an

17  undue hardship.  Any such agreement may provide for payment of

18  interest consistent with prevailing loan rates.

19         (j)  The Department of Juvenile Justice shall provide

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

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

22  payments received by the department pursuant to this

23  subsection shall be deposited in the state Grants and

24  Donations Trust Fund.  Neither the court nor the department

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

26  for the purpose of collecting fees.

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

28  the Department of Juvenile Justice may transfer the child from

29  detention supervision, which may include the use of electronic

30  monitoring, in conjunction with a condition of confinement to

31  a designated residence during designated hours nonsecure or

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  1  home detention care to secure detention care only if

  2  significantly changed circumstances warrant such transfer.

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

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

  5  nonsecure, or home detention care or under detention

  6  supervision, which may include the use of electronic

  7  monitoring, in conjunction with a condition of confinement to

  8  a designated residence during designated hours only pursuant

  9  to a court hearing in which the original risk assessment

10  instrument, rescored based on newly discovered evidence or

11  changed circumstances with the results recommending detention,

12  is introduced into evidence.

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

14  of Juvenile Justice awaiting dispositional placement, removal

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

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

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

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

19  committed to a moderate-risk residential program, the

20  department may seek an order from the court authorizing

21  continued detention for a specific period of time necessary

22  for the appropriate residential placement of the child.

23  However, such continued detention in secure detention care may

24  not exceed 15 days after commitment, excluding Saturdays,

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

26  in this subsection.

27         2.  The court must place all children who are

28  adjudicated and awaiting placement in a residential commitment

29  program in detention care. Children who are in home detention

30  care or nonsecure detention care may be placed on electronic

31  monitoring.

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  1         (b)  A child who is placed under detention supervision,

  2  which may include the use of electronic monitoring, in

  3  conjunction with a condition of confinement to a designated

  4  residence during designated hours in home detention care,

  5  nonsecure detention care, or home or nonsecure detention care

  6  with electronic monitoring, while awaiting placement in a

  7  low-risk or moderate-risk program, may be held in secure

  8  detention care for 5 days, if the child violates the

  9  conditions of such monitoring or confinement the home

10  detention care, the nonsecure detention care, or the

11  electronic monitoring agreement.  For any subsequent

12  violation, the court may impose an additional 5 days in secure

13  detention care.

14         (11)

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

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

17  is transferred from secure detention to detention supervision,

18  which may include the use of electronic monitoring, in

19  conjunction with a condition of confinement to a designated

20  residence during designated hours home detention or nonsecure

21  detention, detention staff shall immediately notify the

22  appropriate law enforcement agency and school personnel.

23         Section 17.  By October 1, 2003, the Juvenile Justice

24  Estimating Conference shall submit a report to the Legislature

25  concerning the effect of this act on the juvenile justice

26  system and on the number of juveniles who are held in

27  detention.

28         Section 18.  Subsections (2) and (5) of section

29  985.216, Florida Statutes, are amended to read:

30         985.216  Punishment for contempt of court; alternative

31  sanctions.--

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  1         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

  2  placed in a secure facility for purposes of punishment for

  3  contempt of court if alternative sanctions are unavailable or

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

  5  serve an alternative sanction but failed to comply with the

  6  sanction.

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

  8  indirect contempt may be placed in a secure detention facility

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

10  days for a second or subsequent offense.

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

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

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

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

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

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

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

18  appropriate mental health facility or substance abuse facility

19  for assessment. In addition to disposition under this

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

21  contempt or indirect contempt may be placed in a physically

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

23  eligibility are met.

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

25  created the position of alternative sanctions coordinator

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

27  alternative sanctions coordinator shall serve under the

28  direction of the chief administrative judge of the juvenile

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

30  alternative sanctions coordinator shall act as the liaison

31  between the judiciary, local department officials, district

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  1  school board employees, and local law enforcement agencies.

  2  The alternative sanctions coordinator shall coordinate within

  3  the circuit community-based alternative sanctions, including

  4  nonsecure detention programs, community service projects, and

  5  other juvenile sanctions, in conjunction with the circuit plan

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

  7         Section 19.  Subsection (4) of section 985.228, Florida

  8  Statutes, is amended to read:

  9         985.228  Adjudicatory hearings; withheld adjudications;

10  orders of adjudication.--

11         (4)  If the court finds that the child named in the

12  petition has committed a delinquent act or violation of law,

13  it may, in its discretion, enter an order stating the facts

14  upon which its finding is based but withholding adjudication

15  of delinquency and placing the child in a probation program

16  pursuant to the provisions of s. 985.2311 under the

17  supervision of the department or under the supervision of any

18  other person or agency specifically authorized and appointed

19  by the court. The court may, as a condition of the program,

20  impose as a penalty component restitution in money or in kind,

21  community service, a curfew, urine monitoring, revocation or

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

23  nonresidential punishment appropriate to the offense, and may

24  impose as a rehabilitative component a requirement of

25  participation in substance abuse treatment, or school or other

26  educational program attendance. If the child is attending

27  public school and the court finds that the victim or a sibling

28  of the victim in the case was assigned to attend or is

29  eligible to attend the same school as the child, the court

30  order shall include a finding pursuant to the proceedings

31  described in s. 985.23(1)(d). If the court later finds that

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  1  the child has not complied with the rules, restrictions, or

  2  conditions of the community-based program, the court may,

  3  after a hearing to establish the lack of compliance, but

  4  without further evidence of the state of delinquency, enter an

  5  adjudication of delinquency and shall thereafter have full

  6  authority under this chapter to deal with the child as

  7  adjudicated.

  8         Section 20.  Subsection (1) of section 985.229, Florida

  9  Statutes, is amended, and subsection (4) is added to that

10  section, to read:

11         985.229  Predisposition report; other evaluations.--

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

13  delinquent act, the court shall may order a predisposition

14  report regarding the eligibility of the child for disposition

15  other than by adjudication and commitment to the department or

16  for disposition of adjudication, commitment to the department,

17  and, if appropriate, assignment of a residential commitment

18  level. The predisposition report may be waived by the court,

19  with the agreement of the parties, if a predisposition report

20  concerning the child has been completed within the past year.

21  The predisposition report shall be the result of the

22  multidisciplinary assessment when such assessment is needed,

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

24  indicate and report the child's priority needs,

25  recommendations as to a classification of risk for the child

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

27  and a plan for treatment that recommends the most appropriate

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

29  program security that reasonably ensures public safety. A

30  predisposition report shall be ordered for any child for whom

31  a residential commitment disposition is anticipated or

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

  2  comprehensive evaluation for physical health, mental health,

  3  substance abuse, academic, educational, or vocational problems

  4  shall be ordered for any child for whom a residential

  5  commitment disposition is anticipated or recommended by an

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

  7  evaluation is ordered, the comprehensive evaluation shall be

  8  completed within 20 days after the date ordered. The

  9  predisposition report shall include a summary of the

10  comprehensive evaluation. The predisposition report shall be

11  submitted to the court upon completion of the report but no

12  later than 48 hours prior to the disposition hearing. The

13  predisposition report shall not be reviewed by the court

14  without the consent of the child and his or her legal counsel

15  until the child has been found to have committed a delinquent

16  act.

17         (4)  The department shall maintain cumulative records

18  on the recommendations of the comprehensive evaluations and

19  shall compare these records to specialized residential

20  capacity. This information shall be reported to the

21  Legislature consistent with the timeframes required for

22  submission of the legislative budget request.

23         Section 21.  Section 985.231, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 985.231, F.S., for present text.)

27         985.231  Powers of disposition in delinquency

28  cases.--The court that has jurisdiction over an adjudicated

29  delinquent child may, by an order stating the facts upon which

30  a determination of a sanction and rehabilitative program was

31  made at the disposition hearing:

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  1         (1)  Place the child in a probation program under the

  2  supervision of the Department of Juvenile Justice, an

  3  authorized agent of the department, or any other person or

  4  agency specifically authorized and appointed by the court

  5  pursuant to the provisions of s. 985.2311.

  6         (2)  Commit the child to a licensed child-caring agency

  7  that is willing to receive the child, but the court may not

  8  commit the child to a jail or to a facility used primarily as

  9  a detention center, detention facility, or shelter.

10         (3)  Commit the child to the Department of Juvenile

11  Justice pursuant to the provisions of s. 985.2312.

12         Section 22.  Section 985.2311, Florida Statutes, is

13  created to read:

14         985.2311  Probation.--Pursuant to the provisions of ss.

15  985.228 and 985.231, the court may place a child in a

16  probation program under the supervision of the Department of

17  Juvenile Justice, an authorized agent of the department, or

18  any other person or agency specifically authorized and

19  appointed by the court pursuant to this section whether in the

20  child's own home, in the home of a relative of the child, or

21  in some other suitable place under such reasonable conditions

22  as the court may direct, subject to the following:

23         (1)  A probation program for a child for whom

24  adjudication has been withheld or for an adjudicated

25  delinquent child shall include:

26         (a)  A penalty component such as restitution in money

27  or in kind, community service, a curfew, revocation or

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

29  nonresidential punishment appropriate to the offense.

30         (b)  A rehabilitative component such as a requirement

31  of participation in residential or nonresidential substance

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  1  abuse or mental health treatment or school or other

  2  educational program attendance.

  3

  4  Upon the recommendation of the department at the time of

  5  disposition, or subsequent to disposition pursuant to the

  6  filing of a petition alleging a violation of the child's

  7  conditions of probation, the court may order the child to

  8  submit to random testing for the purpose of detecting and

  9  monitoring the use of alcohol or controlled substances.

10         (2)  In carrying out the provisions of this part, the

11  court may order the natural parents, legal custodian, or

12  guardian of a child who is found to have committed a

13  delinquent act to participate in family counseling and other

14  professional counseling activities deemed necessary for the

15  rehabilitation of the child or to enhance the ability of the

16  parents, legal custodian, or guardian to provide the child

17  with adequate support, guidance, and supervision. The court

18  may also order that the parent, legal custodian, or guardian

19  support the child and participate with the child in fulfilling

20  a court-imposed sanction, including an order of restitution or

21  community service. The court may also order the parent, legal

22  custodian, or guardian to notify the court of any violation of

23  supervision conditions by the child. In addition, the court

24  may use its contempt powers as to the parent, legal custodian,

25  guardian, or child in order to enforce a court-imposed

26  sanction.

27         (3)(a)  The department shall provide a restrictiveness

28  level classification scale for levels of supervision that

29  shall take into account the child's needs and the risks

30  relative to probation supervision requirements to reasonably

31  ensure public safety.

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  1         (b)  Probation programs for children shall be

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

  3  specifically authorized by the court.  These programs shall

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

  5  activities as described in this section and shall be designed

  6  to encourage the child toward acceptable and functional social

  7  behavior.  If supervision or a program of community service is

  8  ordered by the court, the duration of such supervision or

  9  program shall be consistent with any treatment and

10  rehabilitation needs identified for the child.  The term of

11  any order placing a child in a probation program shall be for

12  an indefinite period of time, but may not exceed the term for

13  which a sentence could be imposed if the child were found

14  guilty of the charge in the adult system, except that the

15  duration of such supervision or program for an offense that is

16  a misdemeanor of the second degree, or is equivalent to a

17  misdemeanor of the second degree, may be for a period not to

18  exceed 6 months.

19         (c)  When restitution is ordered by the court, the

20  amount of restitution may not exceed an amount the child and

21  the parent or guardian could reasonably be expected to pay or

22  make.  If the court orders the child to make restitution in

23  money, the court may also require the execution of a

24  promissory note cosigned by the child's parent or guardian or

25  require restitution in kind for any damage or loss caused by

26  the child's offense in a reasonable amount or manner to be

27  determined by the court.  The clerk of the circuit court shall

28  be the receiving and dispensing agent for restitution

29  payments.  The court shall order the child or the child's

30  parent or guardian to pay to the office of the circuit court

31  an amount not to exceed the actual cost incurred by the clerk

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  1  as a result of receiving and dispensing restitution payments.

  2  The clerk shall notify the court if restitution is not made

  3  and the court shall take any further action that is necessary

  4  against the child or the child's parent or guardian.

  5         (d)  Unless otherwise provided by law, whenever a child

  6  is required by the court to participate in any work program

  7  under this part or whenever a child volunteers to work in a

  8  specified state, county, municipal, or community service

  9  organization supervised work program or to work for the

10  victim, either as an alternative to monetary restitution or as

11  a part of the rehabilitative or probation program, the child

12  is an employee of the state for the purposes of liability. In

13  determining the child's average weekly wage, unless otherwise

14  determined by a specific funding program, all remuneration

15  received from the employer is a gratuity and the child is not

16  entitled to any benefits otherwise payable under s. 440.15,

17  regardless of whether the child may be receiving wages and

18  remuneration from other employment with another employer and

19  regardless of the child's future wage-earning capacity.

20         (4)(a)  The court may conduct judicial review hearings

21  for a child placed on probation for the purpose of fostering

22  accountability to the judge and compliance with other

23  requirements, such as restitution and community service. The

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

25  has substantially complied with the terms and conditions of

26  probation.

27         (b)  If the conditions of the probation program or the

28  postcommitment probation program are violated, the department

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

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

31  violates the conditions of probation or postcommitment

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  1  probation must be brought before the court if sanctions are

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

  3  violating the conditions of probation or postcommitment

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

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

  6  hours after being taken into custody to determine the

  7  existence of probable cause that the child violated the

  8  conditions of probation or postcommitment probation. A

  9  consequence unit is a secure facility specifically designated

10  by the department for children who are taken into custody

11  under s. 985.207 for violating probation or postcommitment

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

13  violated the conditions of probation or postcommitment

14  probation. If the violation involves a new charge of

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

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

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

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

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

20  985.215. If the child denies violating the conditions of

21  probation or postcommitment probation, the court shall appoint

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

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

24  that the child has violated the conditions of probation or

25  postcommitment probation, the court shall enter an order

26  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

31

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  1  is found to have violated the conditions of probation or

  2  postcommitment probation, the court may:

  3         1.  Place the child in a consequence unit in that

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

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

  6  violation.

  7         2.  Place the child on home detention with electronic

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

  9  residential consequence unit is not available.

10         3.  Modify or continue the child's probation program or

11  postcommitment probation program.

12         4.  Revoke probation or postcommitment probation and

13  commit the child to the department.

14         (5)  The court may retain jurisdiction over a child

15  placed in a probation program in accordance with the

16  provisions of s. 985.201 unless the child is released by the

17  court on the motion of an interested party or on its own

18  motion.  The court may at any time enter an order ending its

19  jurisdiction over any child.

20

21  If a child who is placed in a probation program is attending

22  or is eligible to attend public school and the court finds

23  that the victim or a sibling of the victim in the case is

24  attending or may attend the same school as the child, the

25  court's placement order shall include a finding pursuant to

26  the proceedings described in s. 985.23(1)(d).  Any order made

27  pursuant to this section shall be in writing as prepared by

28  the clerk of court and may thereafter be modified or set aside

29  by the court.

30         Section 23.  Section 985.2312, Florida Statutes, is

31  created to read:

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  1         985.2312  Commitment to the Department of Juvenile

  2  Justice.--Pursuant to the provisions of s. 985.231, the court

  3  that has jurisdiction of an adjudicated delinquent child may,

  4  by an order stating the facts upon which a determination of a

  5  sanction and rehabilitative program was made at the

  6  disposition hearing, commit the child to the care and custody

  7  of the Department of Juvenile Justice under such reasonable

  8  conditions as the court may direct, subject to the following:

  9         (1)  Commitment must be for the purpose of exercising

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

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

12  the child.

13         (2)(a)  Commitment to the department may be for the

14  purpose of providing the child with an alternative residential

15  environment, for the purpose of providing the child with

16  on-site school instruction in a structured-day, nonresidential

17  supervision program, or for the purpose of transitioning the

18  child out of the residential placement component of commitment

19  into the community through nonresidential supervision services

20  as part of a conditional release program.  If the child is not

21  successful in the conditional release program, the department

22  may exercise its transfer authority in accordance with s.

23  985.404.

24         (b)  If a committed child is eligible to attend public

25  school following completion of a residential commitment

26  program, or if the child is attending or is eligible to attend

27  public school, and the court finds that the victim or a

28  sibling of the victim in the case is or may be attending the

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

30  finding pursuant to the proceedings described in s.

31  985.23(1)(d).

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  1         (3)  Commitment of the child to the department shall

  2  specify a residential commitment level as defined in s.

  3  985.03, subject to the limitations provided in subsection (4).

  4         (4)  Subject to specific appropriation, the court shall

  5  specify in its commitment order that the child shall be placed

  6  in a program or facility for serious or habitual juvenile

  7  offenders in accordance with the provisions of s. 985.31 if

  8  the court determines, upon its own motion or upon request by

  9  the state or the department, that:

10         (a)  The protection of the public requires that the

11  child be placed in a program for serious or habitual juvenile

12  offenders.

13         (b)  The particular needs of the child would be best

14  served by a program for serious or habitual juvenile offenders

15  as provided in s. 985.31.

16

17  Such determination shall be made in accordance with s.

18  985.23(3).

19         (5)  Subject to specific appropriation, the court shall

20  specify in its commitment order that the child shall be placed

21  in a program or facility for juvenile sexual offenders in

22  accordance with the provisions of s. 985.308 if the court

23  determines, on its own or upon request by the state or the

24  department, that:

25         (a)  A juvenile sexual offender placement is required

26  for the protection of the public.

27         (b)  The treatment needs of the juvenile sexual

28  offender would be best served by a juvenile sexual offender

29  placement as provided in s. 985.308.

30         (6)  The court may, upon motion of the child or upon

31  its own motion within 60 days after imposition of a

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  1  disposition of commitment, suspend the further execution of

  2  the disposition to commitment and place the child in a

  3  probation program upon such terms and conditions as the court

  4  may require. The department shall forward to the court all

  5  relevant material on the child's progress while in custody no

  6  later than 3 working days prior to the hearing on the motion

  7  to suspend the disposition.

  8         (7)  Any order made pursuant to this section shall be

  9  in writing as prepared by the clerk of the court and may

10  thereafter be modified or set aside by the court.

11         (8)  Any commitment of a delinquent child to the

12  department shall be for an indeterminate period of time, which

13  may include periods of temporary release, but the time may not

14  exceed the maximum term of imprisonment that an adult may

15  serve for the same offense.  The duration of the child's

16  placement in a residential commitment program of any level

17  shall be based on objective performance-based treatment

18  planning.  The child's treatment plan progress and

19  adjustment-related issues shall be reported to the court

20  quarterly unless the court requests a monthly report.  Any

21  temporary release from such program shall be as provided in s.

22  985.03. The child's length of stay in a residential commitment

23  program may be extended if the child fails to comply with or

24  participate in treatment activities.  The child's length of

25  stay in such program shall not be extended for purposes of

26  sanction or punishment.  The nonconsent of the child to

27  commitment or treatment in a residential commitment program,

28  including a substance abuse treatment program, in no way

29  precludes the court from ordering such commitment or

30  treatment.  Any child so committed may be discharged from

31  institutional confinement or a program upon the direction of

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  1  the department with the concurrence of the court.  The child's

  2  treatment plan progress and adjustment-related issues shall be

  3  communicated to the court at the time the department requests

  4  the court to consider releasing the child from the residential

  5  commitment program.

  6         (9)  The department shall give the court that committed

  7  the child to the department reasonable notice, in writing, of

  8  its desire to discharge the child from a commitment facility.

  9  The court that committed the child may thereafter accept or

10  reject the request. If the court does not respond within 10

11  days after receipt of the notice, the request of the

12  department shall be deemed granted. This section does not

13  limit the department's authority to revoke a child's temporary

14  release status and return the child to a commitment facility

15  for any violation of the terms and conditions of the temporary

16  release.

17         (10)  When a child is committed to the department or a

18  licensed child care agency for residential placement pursuant

19  to the provisions of this section, the court shall proceed in

20  accordance with s. 985.24.

21         (11)  Notwithstanding s. 743.07, the jurisdiction of

22  the court over a juvenile offender committed to the department

23  pursuant to s. 985.231 and the provisions of this section

24  shall be as specified in s. 985.201.

25         Section 24.  Section 985.24, Florida Statutes, is

26  created to read:

27         985.24  Cost of care and custody.--

28         (1)  When any child is:

29         (a)  Placed into secure detention care, under detention

30  supervision, which may include the use of electronic

31  monitoring, in conjunction with a condition of confinement to

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  1  a designated residence during designated hours, or into other

  2  placement pursuant to a court order following a detention

  3  hearing; or

  4         (b)  Adjudicated by the court to have committed a

  5  delinquent act and temporary legal custody of the child has

  6  been placed with the Department of Juvenile Justice,

  7

  8  the court shall order the parents or legal guardian of such

  9  child to pay fees to the department in the amount of $5 per

10  day that the child is under the care or supervision of the

11  department in order to partially offset the actual cost of the

12  care, support, maintenance, and other usual and ordinary

13  obligations of parents to provide for the needs of their

14  children while in the recommended residential commitment

15  level, unless the court makes a finding on the record that the

16  parent or guardian of the child is indigent pursuant to s.

17  27.52.

18         (2)  No later than the disposition hearing, the

19  department shall provide the court with information concerning

20  the actual cost of care, support, and maintenance of the child

21  in the recommended residential commitment level and concerning

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

23  fees.  If the court makes a finding of indigency, the parent

24  or guardian shall pay to the department a nominal subsistence

25  fee of $2 per day that the child is committed outside the home

26  or $1 per day if the child is otherwise supervised in lieu of

27  other fees related to the parents' obligation for the cost of

28  care of the child.  The nominal subsistence fee may only be

29  waived or reduced if the court makes a finding that such

30  payment would constitute a significant financial hardship.

31  Such finding shall be in writing and shall contain a detailed

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  1  description of the facts that led the court to make both the

  2  finding of indigency and the finding of significant financial

  3  hardship.

  4         (3)  In addition, the court may reduce the fees or

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

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

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

  8  the child is subject to placement under this section and that

  9  the parent or guardian has cooperated in the investigation and

10  prosecution of the offense.

11         (4)  All orders committing a child to a residential

12  commitment program shall include specific findings as to what

13  fees are ordered, reduced, or waived.  If the court fails to

14  enter an order as required by this subsection, it shall be

15  presumed that the court intended that the parent or guardian

16  pay fees to the department in an amount of $5 per day related

17  to the care, support, and maintenance of the child.  With

18  regard to a child who reaches the age of 18 prior to the

19  disposition hearing, the court may elect to direct an order

20  required by this subsection to such child, rather than the

21  parent or guardian.  With regard to a child who reaches the

22  age of 18 while in the custody of the department, the court

23  may, upon proper motion of any party, hold a hearing as to

24  whether any party should be further obligated with respect to

25  the payment of fees.  When the order affects the guardianship

26  estate, a certified copy of the order shall be delivered to

27  the judge having jurisdiction over the guardianship estate.

28         (5)  The clerk of the circuit court shall act as a

29  depository for these fees.  Upon each payment received, the

30  clerk of the circuit court shall receive a fee from the total

31  payment of 3 percent of any payment made, except that no fee

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  1  shall be less than $1 nor more than $5 per payment made. This

  2  fee shall serve as a service charge for the administration,

  3  management, and maintenance of each payment.  At the end of

  4  each month, the clerk of the circuit court shall deposit all

  5  money collected under this section in the Grants and Donations

  6  Trust Fund.

  7         (6)  The parent or guardian shall provide to the

  8  department the parent or guardian's name, address, social

  9  security number, state of birth, and driver's license number

10  or identification card number and sufficient financial

11  information for the department to be able to determine the

12  parent's or guardian's ability to pay.  If the parent or

13  guardian refuses to provide the department with any

14  identifying information or financial information, the court

15  shall order the parent or guardian to comply and may pursue

16  contempt of court sanctions for failure to comply.

17         (7)  The department may employ a collection agency for

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

19  of unpaid and delinquent fees.  The collection agency shall be

20  registered and in good standing under chapter 559.  The

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

22  amount collected under the claim or may authorize the agency

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

24  may also pay for collection services from available authorized

25  funds.

26         (8)  The department may enter into agreements with

27  parents or guardians to establish a schedule of periodic

28  payments if payment of the obligation in full presents an

29  undue hardship.  Any such agreement may provide for payment of

30  interest consistent with prevailing loan rates.

31

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  1         (9)  The department shall provide to the payor

  2  documentation of any amounts paid by the payor to the

  3  department on behalf of the child.  All payments received by

  4  the department pursuant to this subsection shall be deposited

  5  in the Grants and Donations Trust Fund.

  6         (10)  Neither the court nor the department may extend

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

  8  purpose of collecting fees.

  9         Section 25.  Subsection (3) of section 985.308, Florida

10  Statutes, is amended to read:

11         985.308  Juvenile sexual offender commitment programs;

12  sexual abuse intervention networks.--

13         (3)  Subject to specific appropriation, a child may be

14  placed in a juvenile sexual offender program when committed to

15  the department.

16         (a)  If the court determines that a juvenile who is

17  subject to commitment pursuant to s. 985.2312(6) has no

18  history of a recent comprehensive assessment focused on

19  sexually deviant behavior, the court may, subject to specific

20  appropriation, order the department to conduct or arrange for

21  an examination to determine whether the juvenile sexual

22  offender is amenable to community-based treatment.

23         (b)  The report of the examination shall include, at a

24  minimum, the following:

25         1.  The juvenile sexual offender's account of the

26  incident and the official report of the investigation.

27         2.  The juvenile sexual offender's offense history.

28         3.  A multidisciplinary assessment of the sexually

29  deviant behaviors, including an assessment by a certified

30  psychologist, therapist, or psychiatrist.

31

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  1         4.  An assessment of the juvenile sexual offender's

  2  family, social, educational, and employment situation.  The

  3  report shall set forth the sources of the evaluator's

  4  information.

  5         (c)  The report shall assess the juvenile sexual

  6  offender's amenability to treatment and relative risk to the

  7  victim and the community.

  8         (d)  The department shall provide a proposed plan to

  9  the court that shall include, at a minimum:

10         1.  The frequency and type of contact between the

11  offender and the therapist.

12         2.  The specific issues and behaviors to be addressed

13  in the treatment and description of planned treatment methods.

14         3.  Monitoring plans, including any requirements

15  regarding living conditions, school attendance and

16  participation, lifestyle, and monitoring by family members,

17  legal guardians, or others.

18         4.  Anticipated length of treatment.

19         5.  Recommended crime-related prohibitions and curfew.

20         6.  Reasonable restrictions on the contact between the

21  juvenile sexual offender and either the victim or the alleged

22  victim.

23         (e)  After receipt of the report on the proposed plan

24  of treatment, the court shall consider whether the community

25  and the offender will benefit from use of juvenile sexual

26  offender community-based treatment alternative disposition and

27  consider the opinion of the victim or the victim's family as

28  to whether the offender should receive a community-based

29  treatment alternative disposition under this subsection.

30         (f)  If the court determines that the juvenile sexual

31  offender community-based treatment alternative is appropriate,

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  1  the court may place the offender on community supervision for

  2  up to 3 years.  As a condition of community treatment and

  3  supervision, the court may order the offender to:

  4         1.  Undergo available outpatient juvenile sexual

  5  offender treatment for up to 3 years.  A program or provider

  6  may not be used for such treatment unless it has an

  7  appropriate program designed for sexual offender treatment.

  8  The department shall not change the treatment provider without

  9  first notifying the state attorney's office.

10         2.  Remain within described geographical boundaries and

11  notify the court or the department counselor prior to any

12  change in the offender's address, educational program, or

13  employment.

14         3.  Comply with all requirements of the treatment plan.

15         (g)  The juvenile sexual offender treatment provider

16  shall submit quarterly reports on the respondent's progress in

17  treatment to the court and the parties to the proceedings.

18  The juvenile sexual offender reports shall reference the

19  treatment plan and include, at a minimum, the following:

20         1.  The dates of attendance.

21         2.  The juvenile sexual offender's compliance with the

22  requirements of treatment.

23         3.  A description of the treatment activities.

24         4.  The juvenile sexual offender's relative progress in

25  treatment.

26         5.  The juvenile sexual offender's family support of

27  the treatment objectives.

28         6.  Any other material specified by the court at the

29  time of the disposition.

30         (h)  At the disposition hearing, the court may set case

31  review hearings as the court considers appropriate.

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  1         (i)  If the juvenile sexual offender violates any

  2  condition of the disposition or the court finds that the

  3  juvenile sexual offender is failing to make satisfactory

  4  progress in treatment, the court may revoke the

  5  community-based treatment alternative and order commitment to

  6  the department as otherwise provided in s. 985.2312.

  7         (j)  If the court determines that the juvenile sexual

  8  offender is not amenable to community-based treatment, the

  9  court shall proceed with a juvenile sexual offender

10  disposition hearing as provided in s. 985.2312.

11         Section 26.  Paragraphs (e) and (k) of subsection (3)

12  and paragraph (a) of subsection (4) of section 985.31, Florida

13  Statutes, are amended to read:

14         985.31  Serious or habitual juvenile offender.--

15         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

16  TREATMENT.--

17         (e)  After a child has been adjudicated delinquent

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

19  child meets the criteria for a serious or habitual juvenile

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

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

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

23         (k)  Any commitment of a child to the department for

24  placement in a serious or habitual juvenile offender program

25  or facility shall be for an indeterminate period of time, but

26  the time shall not exceed the maximum term of imprisonment

27  which an adult may serve for the same offense. The court may

28  retain jurisdiction over such child in accordance with s.

29  985.201. Notwithstanding the provisions of ss. 743.07 and

30  985.231(1)(d), a serious or habitual juvenile offender shall

31  not be held under commitment from a court pursuant to this

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  1  section, s. 985.231, or s. 985.233 after becoming 21 years of

  2  age. This provision shall apply only for the purpose of

  3  completing the serious or habitual juvenile offender program

  4  pursuant to this chapter and shall be used solely for the

  5  purpose of treatment.

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

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

  8  department shall implement the comprehensive assessment

  9  instrument for the treatment needs of serious or habitual

10  juvenile offenders and for the assessment, which assessment

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

12  also include, but not be limited to, evaluation of the

13  child's:

14         1.  Amenability to treatment.

15         2.  Proclivity toward violence.

16         3.  Tendency toward gang involvement.

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

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

19  abuse, or indication of sexual behavior dysfunction.

20         6.  Number and type of previous adjudications, findings

21  of guilt, and convictions.

22         7.  Potential for rehabilitation.

23         Section 27.  Section 985.313, Florida Statutes, is

24  amended to read:

25         985.313  Juvenile correctional facilities or juvenile

26  prison.--A juvenile correctional facility or juvenile prison

27  is a physically secure residential commitment program with a

28  designated length of stay from 18 months to 36 months,

29  primarily serving children 13 years of age to 19 years of age,

30  or until the jurisdiction of the court expires. The court may

31  retain jurisdiction over the child in accordance with the

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  1  provisions of s. 985.201 until the child reaches the age of

  2  21, specifically for the purpose of the child completing the

  3  program. Each child committed to this level must meet one of

  4  the following criteria:

  5         (1)  The youth is at least 13 years of age at the time

  6  of the disposition for the current offense and has been

  7  adjudicated on the current offense for:

  8         (a)  Arson;

  9         (b)  Sexual battery;

10         (c)  Robbery;

11         (d)  Kidnapping;

12         (e)  Aggravated child abuse;

13         (f)  Aggravated assault;

14         (g)  Aggravated stalking;

15         (h)  Murder;

16         (i)  Manslaughter;

17         (j)  Unlawful throwing, placing, or discharging of a

18  destructive device or bomb;

19         (k)  Armed burglary;

20         (l)  Aggravated battery;

21         (m)  Carjacking;

22         (n)  Home-invasion robbery;

23         (o)  Burglary with an assault or battery;

24         (p)  Any lewd or lascivious offense committed upon or

25  in the presence of a person less than 16 years of age; or

26         (q)  Carrying, displaying, using, threatening to use,

27  or attempting to use a weapon or firearm during the commission

28  of a felony.

29         (2)  The youth is at least 13 years of age at the time

30  of the disposition, the current offense is a felony, and the

31

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  1  child has previously been committed three or more times to a

  2  delinquency commitment program.

  3         (3)  The youth is at least 13 years of age and is

  4  currently committed for a felony offense and transferred from

  5  a moderate-risk or high-risk residential commitment placement.

  6         (4)  The youth is at least 13 years of age at the time

  7  of the disposition for the current offense, the youth is

  8  eligible for prosecution as an adult for the current offense,

  9  and the current offense is ranked at level 7 or higher on the

10  Criminal Punishment Code offense severity ranking chart

11  pursuant to s. 921.0022.

12         Section 28.  Subsection (2) of section 985.3141,

13  Florida Statutes, is amended to read:

14         985.3141  Escapes from secure detention or residential

15  commitment facility.--An escape from:

16         (2)  Any residential commitment facility described in

17  s. 985.03(44) s. 985.03(45), maintained for the custody,

18  treatment, punishment, or rehabilitation of children found to

19  have committed delinquent acts or violations of law; or

20         Section 29.  Subsection (5) of section 985.316, Florida

21  Statutes, is amended to read:

22         985.316  Conditional release.--

23         (5)  Participation in the educational program by

24  students of compulsory school attendance age pursuant to s.

25  232.01 is mandatory for juvenile justice youth on conditional

26  release or postcommitment probation status. A student of

27  noncompulsory school-attendance age who has not received a

28  high school diploma or its equivalent must participate in the

29  educational program. A youth who has received a high school

30  diploma or its equivalent and is not employed must participate

31  in workforce development or other vocational or technical

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  1  education or attend a community college or a university while

  2  in the program, subject to available funding.

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

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

  5         985.404  Administering the juvenile justice

  6  continuum.--

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

  8  regionally administered system of detention services for

  9  children, in accordance with a comprehensive plan for the

10  regional administration of all detention services in the

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

12  availability of detention services for all counties. The plan

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

14  operating circuit having a secure facility and detention

15  supervision services, which may include the use of electronic

16  monitoring nonsecure and home detention programs, and the plan

17  may be altered or modified by the Department of Juvenile

18  Justice as necessary.

19         Section 31.  Paragraph (a) of subsection (1) of section

20  985.4045, Florida Statutes, is amended to read:

21         985.4045  Sexual misconduct prohibited; reporting

22  required; penalties.--

23         (1)(a)1.  As used in this subsection, the term:

24         a.  "Sexual misconduct" means fondling the genital

25  area, groin, inner thighs, buttocks, or breasts of a person;

26  the oral, anal, or vaginal penetration by or union with the

27  sexual organ of another; or the anal or vaginal penetration of

28  another by any other object. The term does not include an act

29  done for a bona fide medical purpose or an internal search

30  conducted in the lawful performance of duty by an employee of

31

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  1  the department or an employee of a provider under contract

  2  with the department.

  3         b.  "Employee" includes paid staff members, volunteers,

  4  and interns who work in a department program or a program

  5  operated by a provider under a contract.

  6         c.  "Juvenile offender" means any person, regardless of

  7  age, who is detained or supervised by, or committed to the

  8  custody of, the department.

  9         2.  An employee who engages in sexual misconduct with a

10  juvenile offender detained or supervised by, or committed to

11  the custody of, the department commits a felony of the second

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084. An employee may be found guilty of violating this

14  subsection without having committed the crime of sexual

15  battery.

16         3.  The consent of the juvenile offender to any act of

17  sexual misconduct is not a defense to prosecution under this

18  subsection.

19         4.  This subsection does not apply to an employee of

20  the department, or an employee of a provider under contract

21  with the department, who:

22         a.  Is legally married to a juvenile offender who is

23  detained or supervised by, or committed to the custody of, the

24  department.

25         b.  Has no reason to believe that the person with whom

26  the employee engaged in sexual misconduct is a juvenile

27  offender detained or supervised by, or committed to the

28  custody of, the department.

29         Section 32.  Present subsections (2), (3), and (4) of

30  section 985.407, Florida Statutes, are redesignated as

31

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  1  subsections (3), (4), and (5), respectively, and a new

  2  subsection (2) is added to that section to read:

  3         985.407  Departmental contracting powers; personnel

  4  standards and screening.--

  5         (2)  The department shall adopt a rule pursuant to

  6  chapter 120 establishing a procedure to provide notice of

  7  policy changes impacting contracted delinquency services and

  8  programs. A policy is defined as an operational requirement

  9  that applies to only the specified contracted delinquency

10  service or program. The procedure shall include:

11         (a)  Public notice of policy development.

12         (b)  Opportunity for public comment on the proposed

13  policy.

14         (c)  Assessment for fiscal impact upon the department

15  and providers.

16         (d)  Department response to comments received.

17         Section 33.  Paragraph (b) of subsection (3) of section

18  39.0015, Florida Statutes, is amended to read:

19         39.0015  Child abuse prevention training in the

20  district school system.--

21         (3)  DEFINITIONS.--As used in this section:

22         (b)  "Child abuse" means those acts as defined in ss.

23  39.01(1), (2), (30), (43), (45), (52), and (63), 827.04, and

24  984.03(1), (2), and (33) (37).

25         Section 34.  Paragraph (a) of subsection (8) of section

26  216.136, Florida Statutes, is amended to read:

27         216.136  Consensus estimating conferences; duties and

28  principals.--

29         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

31  Conference shall develop such official information relating to

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

  2  the conference principals to be needed for the state planning

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

  4  not limited to:  estimates of juvenile delinquency caseloads

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

  6  juvenile detention placements and for the use of detention

  7  supervision, which may include the use of electronic

  8  monitoring; estimates of workloads in the juvenile sections in

  9  the offices of the state attorneys and public defenders;

10  estimates of mental health and substance abuse treatment

11  relating to juveniles; and such other information as is

12  determined by the conference principals to be needed for the

13  state planning and budgeting system.

14         Section 35.  Subsection (4) of section 316.635, Florida

15  Statutes, is amended to read:

16         316.635  Courts having jurisdiction over traffic

17  violations; powers relating to custody and detention of

18  minors.--

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

20  court or judicial officer as required by written notice to

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

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

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

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

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

26  985.216(2).:

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

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

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

30  unavailable, in a secure juvenile detention center.

31

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

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

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

  4  secure juvenile detention center.

  5         Section 36.  Subsection (2) of section 318.143, Florida

  6  Statutes, is amended to read:

  7         318.143  Sanctions for infractions by minors.--

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

  9  sanctions imposed by the court constitutes contempt of court.

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

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

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

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

14  s. 985.216(2).:

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

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

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

18  unavailable, in a secure juvenile detention center.

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

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

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

22  secure juvenile detention center.

23         Section 37.  Paragraph (d) of subsection (1) of section

24  419.001, Florida Statutes, is amended to read:

25         419.001  Site selection of community residential

26  homes.--

27         (1)  For the purposes of this section, the following

28  definitions shall apply:

29         (d)  "Resident" means any of the following:  a frail

30  elder as defined in s. 400.618; a physically disabled or

31  handicapped person as defined in s. 760.22(7)(a); a

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  1  developmentally disabled person as defined in s. 393.063(12);

  2  a nondangerous mentally ill person as defined in s.

  3  394.455(18); or a child as defined in s. 39.01(14), s.

  4  984.03(8)(9) or (10) (12), or s. 985.03(8).

  5         Section 38.  Subsection (3) of section 744.309, Florida

  6  Statutes, is amended to read:

  7         744.309  Who may be appointed guardian of a resident

  8  ward.--

  9         (3)  DISQUALIFIED PERSONS.--No person who has been

10  convicted of a felony or who, from any incapacity or illness,

11  is incapable of discharging the duties of a guardian, or who

12  is otherwise unsuitable to perform the duties of a guardian,

13  shall be appointed to act as guardian.  Further, no person who

14  has been judicially determined to have committed abuse,

15  abandonment, or neglect against a child as defined in s. 39.01

16  or s. 984.03(1), (2), and (33) (37), or who has been found

17  guilty of, regardless of adjudication, or entered a plea of

18  nolo contendere or guilty to, any offense prohibited under s.

19  435.03 or under any similar statute of another jurisdiction,

20  shall be appointed to act as a guardian.  Except as provided

21  in subsection (5) or subsection (6), a person who provides

22  substantial services to the proposed ward in a professional or

23  business capacity, or a creditor of the proposed ward, may not

24  be appointed guardian and retain that previous professional or

25  business relationship.  A person may not be appointed a

26  guardian if he or she is in the employ of any person, agency,

27  government, or corporation that provides service to the

28  proposed ward in a professional or business capacity, except

29  that a person so employed may be appointed if he or she is the

30  spouse, adult child, parent, or sibling of the proposed ward

31  or the court determines that the potential conflict of

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  1  interest is insubstantial and that the appointment would

  2  clearly be in the proposed ward's best interest. The court may

  3  not appoint a guardian in any other circumstance in which a

  4  conflict of interest may occur.

  5         Section 39.  Section 784.075, Florida Statutes, is

  6  amended to read:

  7         784.075  Battery on detention or commitment facility

  8  staff or a juvenile probation officer.--A person who commits a

  9  battery on a juvenile probation officer, as defined in s.

10  984.03 or s. 985.03, on other staff of a detention center or

11  facility as defined in s. 984.03(16) s. 984.03(19) or s.

12  985.03(19), or on a staff member of a commitment facility as

13  defined in s. 985.03(44) s. 985.03(45), commits a felony of

14  the third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084. For purposes of this section, a staff

16  member of the facilities listed includes persons employed by

17  the Department of Juvenile Justice, persons employed at

18  facilities licensed by the Department of Juvenile Justice, and

19  persons employed at facilities operated under a contract with

20  the Department of Juvenile Justice.

21         Section 40.  Paragraph (j) of subsection (1) of section

22  960.001, Florida Statutes, is amended to read:

23         960.001  Guidelines for fair treatment of victims and

24  witnesses in the criminal justice and juvenile justice

25  systems.--

26         (1)  The Department of Legal Affairs, the state

27  attorneys, the Department of Corrections, the Department of

28  Juvenile Justice, the Parole Commission, the State Courts

29  Administrator and circuit court administrators, the Department

30  of Law Enforcement, and every sheriff's department, police

31  department, or other law enforcement agency as defined in s.

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  1  943.10(4) shall develop and implement guidelines for the use

  2  of their respective agencies, which guidelines are consistent

  3  with the purposes of this act and s. 16(b), Art. I of the

  4  State Constitution and are designed to implement the

  5  provisions of s. 16(b), Art. I of the State Constitution and

  6  to achieve the following objectives:

  7         (j)  Notification of right to request restitution.--Law

  8  enforcement agencies and the state attorney shall inform the

  9  victim of the victim's right to request and receive

10  restitution pursuant to s. 775.089, s. 985.2311, or s.

11  985.2312 or s. 985.231(1)(a)1., and of the victim's rights of

12  enforcement under ss. 775.089(6) and 985.201 in the event an

13  offender does not comply with a restitution order. The state

14  attorney shall seek the assistance of the victim in the

15  documentation of the victim's losses for the purpose of

16  requesting and receiving restitution. In addition, the state

17  attorney shall inform the victim if and when restitution is

18  ordered.

19         Section 41.  Subsection (5) of section 985.21, Florida

20  Statutes, is amended to read:

21         985.21  Intake and case management.--

22         (5)  Prior to requesting that a delinquency petition be

23  filed or prior to filing a dependency petition, the juvenile

24  probation officer may request the parent or legal guardian of

25  the child to attend a course of instruction in parenting

26  skills, training in conflict resolution, and the practice of

27  nonviolence; to accept counseling; or to receive other

28  assistance from any agency in the community which notifies the

29  clerk of the court of the availability of its services. Where

30  appropriate, the juvenile probation officer shall request both

31  parents or guardians to receive such parental assistance. The

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  1  juvenile probation officer may, in determining whether to

  2  request that a delinquency petition be filed, take into

  3  consideration the willingness of the parent or legal guardian

  4  to comply with such request. The parent or guardian must

  5  provide the juvenile probation officer with identifying

  6  information, including the parent's or guardian's name,

  7  address, date of birth, social security number, and driver's

  8  license number or identification card number in order to

  9  comply with ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d),

10  and 985.24.

11         Section 42.  Paragraph (e) of subsection (3) of section

12  985.311, Florida Statutes, is amended to read:

13         985.311  Intensive residential treatment program for

14  offenders less than 13 years of age.--

15         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

16  TREATMENT.--

17         (e)  After a child has been adjudicated delinquent

18  pursuant to s. 985.228(5), the court shall determine whether

19  the child is eligible for an intensive residential treatment

20  program for offenders less than 13 years of age pursuant to s.

21  985.03(7).  If the court determines that the child does not

22  meet the criteria, the provisions of s. 985.231(1) shall

23  apply.

24         Section 43.  The Department of Juvenile Justice shall

25  develop protocols for the comprehensive evaluation described

26  in section 985.229, Florida Statutes, in order to produce a

27  consistent statewide practice for conducting the comprehensive

28  evaluation. The protocols shall specify qualifications of the

29  professionals who will conduct the comprehensive evaluation.

30         Section 44.  Subsection (8) of section 790.22, Florida

31  Statutes, is amended to read:

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  1         790.22  Use of BB guns, air or gas-operated guns, or

  2  electric weapons or devices by minor under 16; limitation;

  3  possession of firearms by minor under 18 prohibited;

  4  penalties.--

  5         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

  6  minor under 18 years of age is charged with an offense that

  7  involves the use or possession of a firearm, as defined in s.

  8  790.001, including a violation of subsection (3), or is

  9  charged for any offense during the commission of which the

10  minor possessed a firearm, the minor shall be detained in

11  secure detention, unless the state attorney authorizes the

12  release of the minor, and shall be given a hearing within 24

13  hours after being taken into custody. At the hearing, the

14  court may order that the minor continue to be held in secure

15  detention in accordance with the applicable time periods

16  specified in s. 985.215(5), if the court finds that the minor

17  meets the criteria specified in s. 985.215(2), or if the court

18  finds by clear and convincing evidence that the minor is a

19  clear and present danger to himself or herself or the

20  community. The Department of Juvenile Justice shall prepare a

21  form for all minors charged under this subsection that states

22  the period of detention and the relevant demographic

23  information, including, but not limited to, the sex, age, and

24  race of the minor; whether or not the minor was represented by

25  private counsel or a public defender; the current offense; and

26  the minor's complete prior record, including any pending

27  cases. The form shall be provided to the judge to be

28  considered when determining whether the minor should be

29  continued in secure detention under this subsection. An order

30  placing a minor in secure detention because the minor is a

31  clear and present danger to himself or herself or the

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  1  community must be in writing, must specify the need for

  2  detention and the benefits derived by the minor or the

  3  community by placing the minor in secure detention, and must

  4  include a copy of the form provided by the department. The

  5  Department of Juvenile Justice must send the form, including a

  6  copy of any order, without client-identifying information, to

  7  the Office of Economic and Demographic Research.

  8         Section 45.  This act shall take effect October 1,

  9  2002.

10

11

12

13

14

15

16

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19

20

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22

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1718

  3

  4  -     Allows the court to order a juvenile to participate in a
          residential substance abuse or mental health treatment
  5        program as part of probation.

  6  -     Prescribes timelines for completing the comprehensive
          evaluation of juveniles for whom residential commitment
  7        is contemplated.

  8  -     Requires the court to order a predisposition report on
          all juveniles who have been found to have committed a
  9        delinquent act.

10  -     Requires the DJJ to report to the Legislature on the
          recommendations for services and the placement of
11        juveniles following the required comprehensive
          evaluations.
12
    -     Establishes protocols for conducting assessments and
13        evaluations.

14  -     Clarifies that the general jurisdiction of the court
          over a juvenile is until a juvenile's 19th birthday,
15        with certain exceptions.

16  -     Authorizes secure detention for juveniles charged with
          committing an act of terrorism.
17
    -     Adds to the detention eligibility criteria a child found
18        by the court to be a clear and present danger to himself
          or the community (this new provision relating to
19        detention eligibility would expire on October 1, 2004).

20  -     Requires the Juvenile Justice Estimating Conference to
          report to the Legislature by October 1, 2003, about the
21        effect of this provision on the number of juveniles who
          are being held in detention.
22
    -     Changes the requirement to report a juvenile's progress
23        to the court from every 30 days to quarterly, unless the
          court requests otherwise.
24
    -     Requires the DJJ to adopt a rule pursuant to ch. 120,
25        F.S., establishing a procedure to provide notice of
          policy changes that impact contracted delinquency
26        services and programs.

27  -     Removes a requirement for forwarding certain secure
          detention forms to the EDR.
28
    -     Removes references to "home detention" and "staff secure
29        shelters" and replaces them with "condition of
          confinement to a designated residence during designated
30        hours" and "shelters."

31  -     Deletes definitions that are not used elsewhere in ch.
          985, F.S.
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