House Bill hb1763c1

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    Florida House of Representatives - 2002             CS/HB 1763

        By the Fiscal Responsibility Council and Committee on
    Juvenile Justice and Representative Barreiro





  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 "addictions receiving facility," "child who

  7         has been found to have committed a delinquent

  8         act," "delinquency program," "diligent efforts

  9         of social service agency," "next of kin,"

10         "serious or habitual juvenile offender

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

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

13         contempt of court by children in need of

14         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 and 984.10, F.S.; conforming cross

20         references; amending s. 984.12, F.S.; revising

21         provisions relating to case staffings and case

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

23         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; providing for placement of a child

31         pursuant to a second or subsequent violation in

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  1         certain circumstances; clarifying criteria

  2         relating to postcommitment detention; amending

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

  4         to placement of a child in a secure facility;

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

  6         completion of a comprehensive evaluation within

  7         a time certain; requiring the department to

  8         develop protocols for the comprehensive

  9         evaluation; amending s. 985.231, F.S.;

10         clarifying the powers of the court relating to

11         disposition in delinquency cases; creating s.

12         985.2311, F.S.; revising conditions of

13         probation previously contained in ss. 985.228

14         and 985.231, F.S., and providing additional

15         conditions; revising circumstances under which

16         a child may be taken into custody and detained

17         in connection with a violation of probation;

18         amending s. 985.228, F.S., to conform; creating

19         s. 985.2312, F.S.; revising conditions of

20         commitment previously contained in s. 985.231,

21         F.S., and providing additional conditions;

22         limiting the circumstances under which the

23         court may commit certain juvenile offenders for

24         residential placement; creating s. 985.2313,

25         F.S.; providing for nonresidential commitment;

26         specifying circumstances under which commitment

27         of certain juvenile offenders shall be to

28         nonresidential commitment; providing terms and

29         conditions of nonresidential commitment;

30         providing for consequences upon violation of

31         terms of nonresidential commitment; creating s.

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  1         985.24, F.S.; revising provisions relating to

  2         the recoupment of cost of care presently

  3         contained in ss. 985.215 and 985.231, F.S.;

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

  5         concerning juvenile sex offender programs

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

  7         amending ss. 985.31, 985.313, 985.3141, and

  8         985.316, F.S., to conform references; amending

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

10         nonresidential commitment programs, to conform;

11         amending s. 985.4045, F.S.; defining "juvenile

12         offender"; amending s. 985.4075, F.S.;

13         clarifying circumstances under which

14         expenditures for fixed capital outlay may be

15         made; amending s. 316.635, F.S.; clarifying

16         court jurisdiction to sanction minors for

17         contempt of court for failure to appear;

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

19         jurisdiction to sanction minors for contempt of

20         court for failure to comply with court-imposed

21         sanctions; amending ss. 39.0015, 216.136,

22         419.001, 744.309, 784.075, 960.001, 985.21, and

23         985.311, F.S.; conforming references; requiring

24         the Department of Juvenile Justice to develop

25         protocols for a comprehensive evaluation;

26         requiring the Department of Juvenile Justice to

27         consult with specified legislative staff to

28         develop an implementation plan; providing an

29         effective date.

30  

31  

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  1         WHEREAS, the Legislature was twice called into special

  2  session during 2001 to address budget shortfalls and to

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

  4         WHEREAS, the Legislature, after expending considerable

  5  time and effort to examine avenues within the Department of

  6  Juvenile Justice that would maximize administrative

  7  efficiencies and restructure delivery of services, has crafted

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

  9  order to maintain an effective continuum of juvenile justice

10  services for the state, NOW, THEREFORE,

11  

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

13  

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

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

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

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

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

19  to read:

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

21  term:

22         (15)(18)  "Detention care" means the temporary care or

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

24  detention, pending a court adjudication or disposition or

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

26  detention status, which may include the use of electronic

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

28  confinement to a designated residence during designated hours.

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

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

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

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  1  detention center or facility pending adjudication,

  2  disposition, or placement.

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

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

  5  community in a physically nonrestrictive environment under the

  6  supervision of the Department of Juvenile Justice pending

  7  adjudication, disposition, or placement.

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

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

10  parent, guardian, or custodian in a physically nonrestrictive

11  environment under the supervision of the Department of

12  Juvenile Justice staff pending adjudication, disposition, or

13  placement.

14         (16)(19)  "Detention center or facility" means a

15  facility used, pending court adjudication or disposition or

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

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

18  detention center or facility shall may provide secure or

19  nonsecure custody. A facility used for the commitment of

20  adjudicated delinquents shall not be considered a detention

21  center or facility.

22         (42)(47)  "Secure detention center or facility" means

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

24  physical restriction of a detention center or facility a

25  physically restricting facility for the temporary care of

26  children, pending adjudication, disposition, or placement.

27         Section 2.  Section 984.05, Florida Statutes, is

28  amended to read:

29         984.05  Rules relating to habitual truants; adoption by

30  Department of Education and Department of Juvenile

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

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  1  Department of Education shall work together on the development

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

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

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

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

  6         984.09  Punishment for contempt of court; alternative

  7  sanctions.--

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

  9  may punish any child for contempt for interfering with the

10  court or with court administration, or for violating any

11  provision of this chapter or order of the court relative

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

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

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

15  commits direct contempt of court or indirect contempt of a

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

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

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

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

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

21  placed in a secure facility for purposes of punishment for

22  contempt of court if alternative sanctions are unavailable or

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

24  serve an alternative sanction but failed to comply with the

25  sanction.

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

27  indirect contempt may be placed in a secure detention facility

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

29  subsequent offense, or in a secure residential commitment

30  facility.

31  

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

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

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

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

  5  residential facility solely for children in need of services

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

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

  8  health facility or substance abuse facility for assessment. In

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

10  of services who is held in direct contempt or indirect

11  contempt may be placed in a physically secure setting as

12  provided under s. 984.226 if conditions of eligibility are

13  met.

14         (3)  ALTERNATIVE SANCTIONS.--

15         (a)  Each judicial circuit shall have an alternative

16  sanctions coordinator who shall serve under the chief

17  administrative judge of the juvenile division of the circuit

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

19  contempt sanction alternatives in conjunction with the circuit

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

21  determining that a child has committed direct contempt of

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

23  may immediately request the alternative sanctions coordinator

24  to recommend the most appropriate available alternative

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

26  of community-service manual labor or a similar alternative

27  sanction, unless an alternative sanction is unavailable or

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

29  prior alternative sanction.  Alternative contempt sanctions

30  may be provided by local industry or by any nonprofit

31  organization or any public or private business or service

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

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

  3  voluntary supervision of children on behalf of the state in

  4  exchange for the manual labor of children and limited immunity

  5  in accordance with s. 768.28(11).

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

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

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

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

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

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

12  contracted to provide services to children in need of services

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

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

15  may be referred to the Department of Children and Family

16  Services for placement in an appropriate mental health

17  facility or substance abuse facility for assessment under the

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

19  397.

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

21  created the position of alternative sanctions coordinator

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

23  alternative sanctions coordinator shall serve under the

24  direction of the chief administrative judge of the juvenile

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

26  alternative sanctions coordinator shall act as the liaison

27  between the judiciary, local department officials, district

28  school board employees, and local law enforcement agencies.

29  The alternative sanctions coordinator shall coordinate within

30  the circuit community-based alternative sanctions, including

31  nonsecure detention programs, community service projects, and

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  1  other juvenile sanctions, in conjunction with the circuit plan

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

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

  4  Statutes, is amended to read:

  5         984.10  Intake.--

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

  7  preliminary determination as to whether the report or

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

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

10  a family in need of services while subject to compulsory

11  school attendance shall be governed by s. 984.03(23)(27). In

12  any case in which the representative of the department finds

13  that the report or complaint is incomplete, the representative

14  of the department shall return the report or complaint without

15  delay to the person or agency originating the report or

16  complaint or having knowledge of the facts or to the

17  appropriate law enforcement agency having investigative

18  jurisdiction and request additional information in order to

19  complete the report or complaint.

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

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

22         984.12  Case staffing; services and treatment to a

23  family in need of services.--

24         (1)  The appropriate representative of the department

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

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

27  who the department determines is in need of services or

28  treatment if:

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

30  services or treatment offered;

31  

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

  2  services or treatment selected; or

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

  4  assistance in developing an appropriate plan for services.

  5  The time and place selected for the meeting shall be

  6  convenient for the child and family.

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

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

  9  needed services and treatment through the development of a

10  case plan for services.

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

12  not limited to, the following:

13         (a)  Statement of the problems.

14         (b)  Needs of the child.

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

16  custodian.

17         (d)  Measurable objectives that address the identified

18  problems and needs.

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

20         1.  Type of services or treatment.

21         2.  Frequency of services or treatment.

22         3.  Location.

23         4.  Accountable service providers or staff.

24         (f)  Timeframes for achieving objectives.

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

26  staffing committee to be responsible for monitoring

27  implementing the case plan as implemented by the contracted

28  provider. The case manager shall periodically review the

29  progress towards achieving the objectives of the case plan in

30  order to:

31  

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

  2  make adjustments to the case plan; or

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

  4  substantial achievement of the objectives of the case plan or

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

  6  custodian to withdraw from services.

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

  8  Statutes, is repealed.

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

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

11  Statutes, are amended to read:

12         984.15  Petition for a child in need of services.--

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

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

15  committee, and the contracted provider of services request

16  requests that a petition be filed and:

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

18  services prescribed in the case plan without meeting a

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

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

21  or

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

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

24  reasonable efforts by the department to involve the family and

25  child in services and treatment.

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

27  specific grounds under s. 984.03(8)(9) by which the child is

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

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

30  petition shall be signed by the petitioner under oath stating

31  

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

  2  attorney for the department.

  3         (3)

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

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

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

  7  demonstrate that the parent, guardian, or legal custodian has

  8  in good faith, but unsuccessfully, participated in the

  9  services and processes described in ss. 984.11 and 984.12.

10         Section 8.  Section 984.225, Florida Statutes, is

11  amended to read:

12         984.225  Powers of disposition; extended placement in a

13  staff-secure shelter beyond 35 days.--

14         (1)  Subject to specific legislative appropriation, The

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

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

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

18  shelter if:

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

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

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

22  result of an established pattern of significant disruptive

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

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

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

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

27  legal custodian;

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

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

30  custodian, as evidenced by repeatedly running away and failing

31  to comply with a court order; or

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

  2  alternative treatment program or to comply with a

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

  4  residential program on at least one prior occasion pursuant to

  5  a court order under this chapter.

  6         (2)  This section applies after other alternative,

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

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

  9  department, or an authorized representative of the department,

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

11  child. If the department or an authorized representative of

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

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

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

15  shall will get the next available bed.

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

17  legal custodian to cooperate with efforts to reunite the child

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

19  associated with the care and counseling provided to the child

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

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

22  section is designed to provide residential care on a temporary

23  basis. Such commitment does not abrogate the legal

24  responsibilities of the parent, guardian, or legal custodian

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

26  responsibilities are temporarily altered by court order.

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

28  child shall receive education commensurate with his or her

29  grade level and educational ability.

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

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

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  1  90-day commitment period, the court may order that the child

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

  3  if the court finds that reunification could be achieved within

  4  that period.

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

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

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

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

  9  home or creates unreasonable conditions for the child's

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

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

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

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

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

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

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

17  child. Jurisdiction shall be transferred to the Department of

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

19  governed under parts II and III of chapter 39.

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

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

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

23  participated in and financially contributed to the child's

24  counseling and treatment program. The court shall also

25  determine whether the department's efforts to reunite the

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

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

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

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

30  dependent child. Jurisdiction shall be transferred to the

31  

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

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

  3         (8)  If the child requires residential mental health

  4  treatment or residential care for a developmental disability,

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

  6  and Family Services for the provision of necessary services.

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

  8  Statutes, is amended to read:

  9         984.226  Physically secure setting.--

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

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

12  placed in a physically secure setting authorized in this

13  section if the child has:

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

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

16  provision of a valid court order relating to such placement

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

18  direct or indirect contempt of court; or

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

20  placement under s. 984.225 or s. 984.09.

21  

22  The department or an authorized representative of the

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

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

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

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

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

28  for placement in the physically secure setting.

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

30  section 985.03, Florida Statutes, are repealed, subsections

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

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

  2  (47), and (56) of said section are amended, to read:

  3         985.03  Definitions.--When used in this chapter, the

  4  term:

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

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

  7  detention, pending a court adjudication or disposition or

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

  9  detention status, which may include the use of electronic

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

11  confinement to a designated residence during designated hours.

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

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

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

15  detention center or facility pending adjudication,

16  disposition, or placement.

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

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

19  community in a physically nonrestrictive environment under the

20  supervision of the Department of Juvenile Justice pending

21  adjudication, disposition, or placement.

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

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

24  parent, guardian, or custodian in a physically nonrestrictive

25  environment under the supervision of the Department of

26  Juvenile Justice staff pending adjudication, disposition, or

27  placement.

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

29  used, pending court adjudication or disposition or execution

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

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

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  1  center or facility shall may provide secure or nonsecure

  2  custody. A facility used for the commitment of adjudicated

  3  delinquents shall not be considered a detention center or

  4  facility.

  5         (44)(45)  "Residential commitment level" means the

  6  level of security provided by programs that service the

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

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

  9  children placed in programs at any residential commitment

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

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

12  at this commitment level are residential but may allow youth

13  to have unsupervised access to the community. Youth assessed

14  and classified for placement in programs at this commitment

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

16  do require placement and services in residential settings.

17  Children who have been found to have committed delinquent acts

18  that involve firearms, delinquent acts that are sexual

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

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

21  committed to a program at this level.

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

23  models at this commitment level are residential but may allow

24  youth to have supervised access to the community. Facilities

25  are either environmentally secure, staff secure, or are

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

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

28  care, and treatment of residents. Youth assessed and

29  classified for placement in programs at this commitment level

30  represent a moderate risk to public safety and require close

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

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

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

  3  necessary.

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

  5  at this commitment level are residential and shall not allow

  6  youth to have access to the community.  Facilities are

  7  hardware-secure with perimeter fencing and locking doors.

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

  9  care, and treatment of residents.  Youth assessed and

10  classified for this level of placement require close

11  supervision in a structured residential setting. Placement in

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

13  safety that outweighs placement in programs at lower

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

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

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

17  when necessary.  The facility may provide for single cell

18  occupancy.

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

20  models at this commitment level include juvenile correctional

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

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

23  community.  Facilities are maximum-custody hardware-secure

24  with perimeter security fencing and locking doors.  Facilities

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

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

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

28  to himself or herself or others.  Mechanical restraint may

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

30  single cell occupancy, except that youth may be housed

31  together during prerelease transition. Youth assessed and

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  1  classified for this level of placement require close

  2  supervision in a maximum security residential setting.

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

  4  demonstrated need to protect the public.

  5         (46)(47)  "Secure detention center or facility" means

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

  7  physical restriction of a detention center or facility a

  8  physically restricting facility for the temporary care of

  9  children, pending adjudication, disposition, or placement.

10         (53)(56)  "Temporary release" means the terms and

11  conditions under which a child is temporarily released from a

12  commitment facility or allowed home visits. No sooner than 30

13  days prior to the child's anticipated date of successful

14  completion of the residential placement component of the

15  commitment, a child committed to a low-risk, moderate-risk, or

16  high-risk residential program may be allowed temporary release

17  for purposes of facilitating successful transition out of

18  residential placement and into the home community.  Such

19  periods of temporary release from a residential program may

20  not exceed 3 consecutive days.  No later than 15 days prior to

21  the first anticipated date of temporary release, the

22  residential program shall provide the appropriate state

23  attorney, juvenile probation officer, and court with notice of

24  intent concerning the temporary release.  The court may hold a

25  hearing to determine whether temporary release should be

26  permitted upon its own motion or upon motion by a party

27  objecting to such release.  If no motion for hearing is made

28  prior to the first anticipated date of temporary release, the

29  temporary release shall be deemed approved. If the temporary

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

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

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  1  facility, the terms and conditions of the temporary release

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

  3  The term "temporary release" includes periods during which the

  4  child is supervised pursuant to a conditional release program

  5  or a period during which the child is supervised by a juvenile

  6  probation officer or other nonresidential staff of the

  7  department or staff employed by an entity under contract with

  8  the department.

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

10  Statutes, is amended to read:

11         985.201  Jurisdiction.--

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

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

14  985.233 ss. 985.31 and 985.313, when the jurisdiction of any

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

16  violation of law is obtained, the court shall retain

17  jurisdiction, unless relinquished by its order, until the

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

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

20  The court may continue to retain jurisdiction of the child

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

22  following:

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

24  child committed to the department for placement in a juvenile

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

26  commitment program to allow the child to participate in a

27  juvenile conditional release program pursuant to s. 985.316.

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

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

30  not successful in the conditional release program, the

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

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

  2  committed to the department for placement in an intensive

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

  4  offenders, in the residential commitment program in a juvenile

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

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

  7  985.311 or s. 985.31 until the child reaches the age of 21.

  8  The court may exercise jurisdiction retention solely for the

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

10  court exercises this jurisdiction retention, it shall do so

11  solely for the purpose of the child completing the intensive

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

13  offenders, in the residential commitment program in a juvenile

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

15  for serious or habitual juvenile offenders. Such jurisdiction

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

17  or new offenses.

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

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

20  ordered to pay restitution until the restitution order is

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

22  retains such jurisdiction after the date upon which the

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

24  do so solely for the purpose of enforcing the restitution

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

26  provisions of s. 775.089(5).

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

28  jurisdiction by any court having jurisdiction of the child if

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

30  law.

31  

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

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

  3         985.207  Taking a child into custody.--

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

  5  following circumstances:

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

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

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

  9  committed by an adult or involves a crime of violence or

10  terrorism, the arresting authority shall immediately notify

11  the district school superintendent, or the superintendent's

12  designee, of the school district with educational jurisdiction

13  of the child.  Such notification shall include other education

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

15  Blind, university developmental research schools, and private

16  elementary and secondary schools. The information obtained by

17  the superintendent of schools pursuant to this section must be

18  released within 48 hours after receipt to appropriate school

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

20  as otherwise provided by law. The principal must immediately

21  notify the child's immediate classroom teachers. Information

22  provided by an arresting authority pursuant to this paragraph

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

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

25  after the date of the arrest.

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

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

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

29  probation, home detention, postcommitment probation, or

30  conditional release supervision or that the child has escaped

31  from commitment.

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  1  

  2  Nothing in this subsection shall be construed to allow the

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

  4  in s. 985.215.

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

  6  Florida Statutes, is amended to read:

  7         985.2075  Youth custody officer.--

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

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

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

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

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

13  detention supervision, or conditional release, or

14  postcommitment probation, or has failed to appear in court

15  after being properly noticed. The authority of the youth

16  custody officer to take youth into custody is specifically

17  limited to this purpose.

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

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

20  amended to read:

21         985.213  Use of detention.--

22         (1)  All determinations and court orders regarding the

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

24  supervision, which may include the use of electronic

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

26  confinement to a designated residence during designated hours

27  prior to disposition shall be based primarily upon findings

28  that the child:

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

30  subsequent hearing;

31  

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  1         (b)  Presents a substantial risk of inflicting bodily

  2  harm on others as evidenced by recent behavior;

  3         (c)  Presents a history of committing a property

  4  offense prior to adjudication, disposition, or placement;

  5         (d)  Has committed contempt of court by:

  6         1.  Intentionally disrupting the administration of the

  7  court;

  8         2.  Intentionally disobeying a court order; or

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

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

11  dignity of the court; or

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

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

14  s. 775.30.

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

16  and 985.2313, all determinations and court orders regarding

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

18  requirements and criteria provided in this part and shall be

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

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

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

22  care placement determinations and orders shall be developed by

23  the Department of Juvenile Justice in agreement with

24  representatives appointed by the following associations: the

25  Conference of Circuit Judges of Florida, the Prosecuting

26  Attorneys Association, the Public Defenders Association, the

27  Florida Sheriffs Association, and the Florida Association of

28  Chiefs of Police.  Each association shall appoint two

29  individuals, one representing an urban area and one

30  representing a rural area.  The parties involved shall

31  evaluate and revise the risk assessment instrument as is

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  1  considered necessary using the method for revision as agreed

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

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

  4  failure to appear, prior offenses, offenses committed pending

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

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

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

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

  9  instrument shall also take into consideration appropriate

10  aggravating and mitigating circumstances, and shall be

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

12  985.215(2). The risk assessment instrument shall also include

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

14  neglect. The risk assessment shall indicate whether detention

15  care is warranted, and, if detention care is warranted,

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

17  home detention care or under detention supervision, 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.

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

22  material error in the scoring of the risk assessment

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

24  accuracy.

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

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

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

28  the court makes specific written findings that:

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

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

31  detention in order to protect the victim from injury.

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  1  

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

  3  subparagraph for more than 48 hours unless ordered by the

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

  5  state attorney or victim requests that secure detention be

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

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

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

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

10  limits set forth in s. 985.215.

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

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

13  include the use of electronic monitoring, in conjunction with

14  a court-ordered condition of confinement to a designated

15  residence during designated hours, through probation, home

16  detention, nonsecure detention, conditional release,

17  postcommitment probation, or commitment and who is charged

18  with committing a new offense, the risk assessment instrument

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

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

21  department and the new offense.

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

23  school is under detention supervision, which may include the

24  use of electronic monitoring, in conjunction with a condition

25  of confinement to a designated residence during designated

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

27  continue to attend school unless otherwise ordered by the

28  court.

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

30  Statutes, is amended to read:

31         985.214  Prohibited uses of detention.--

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

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

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

  4  department, which supervision may include the use of

  5  electronic monitoring, in conjunction with a court-ordered

  6  condition of confinement to a designated residence during

  7  designated hours, for any of the following reasons:

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

  9  responsibility.

10         (b)  To permit more convenient administrative access to

11  the child.

12         (c)  To facilitate further interrogation or

13  investigation.

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

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

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

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

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

19  amended to read:

20         985.215  Detention.--

21         (1)  The juvenile probation officer shall receive

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

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

24  enforcement report or probable cause affidavit and make such

25  further inquiry as may be necessary to determine whether

26  detention care is required.

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

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

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

30  detention care or under detention supervision, which may

31  include the use of electronic monitoring, in conjunction with

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  1  a condition of confinement to a designated residence during

  2  designated hours, nonsecure detention care, or home detention

  3  care shall be made by the juvenile probation officer pursuant

  4  to ss. 985.213 and 985.214.

  5         (b)  The juvenile probation officer shall base the

  6  decision whether or not to place the child into secure

  7  detention care or under detention supervision, which may

  8  include the use of electronic monitoring, in conjunction with

  9  a condition of confinement to a designated residence during

10  designated hours, home detention care, or nonsecure detention

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

12  assessment instrument and procedures developed by the

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

14  child charged with possessing or discharging a firearm on

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

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

17  secure detention care.

18         (c)  If the juvenile probation officer determines that

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

20  of the risk assessment instrument should be released, the

21  juvenile probation officer shall contact the state attorney,

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

23  child may be released by the juvenile probation officer in

24  accordance with s. 985.211.

25  

26  Under no circumstances shall the juvenile probation officer or

27  the state attorney or law enforcement officer authorize the

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

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

30  court.

31  

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

  2  child taken into custody and placed under detention

  3  supervision, which may include the use of electronic

  4  monitoring, in conjunction with a condition of confinement to

  5  a designated residence during designated hours into nonsecure

  6  or home detention care or detained in secure detention care

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

  8  the court if:

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

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

11  conditional release supervision, or is alleged to have escaped

12  while being lawfully transported to or from such program or

13  supervision.

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

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

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

17  violation of law and requests in writing through legal counsel

18  to be detained for protection from an imminent physical threat

19  to his or her personal safety.

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

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

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

23         (e)  The child is charged with possession or

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

25  790.115.

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

27  defined in s. 775.30.

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

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

30  second degree that does not involve a violation of chapter

31  893, or a felony of the third degree that is also a crime of

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  1  violence, including any such offense involving the use or

  2  possession of a firearm.

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

  4  third degree felony involving a violation of chapter 893 or

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

  6  and the child:

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

  8  after being properly notified in accordance with the Rules of

  9  Juvenile Procedure;

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

11  hearings;

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

13  is awaiting final disposition of the case;

14         4.  Has a record of violent conduct resulting in

15  physical injury to others; or

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

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

18  conditions of the child's court-ordered detention, probation,

19  or conditional release supervision and qualifies to be held in

20  secure detention pursuant to the provisions of s.

21  985.213(2)(b)4. Otherwise, such However, a child detained

22  under this paragraph may be held only under in a consequence

23  unit as provided in s. 985.231(1)(a)1.c. If a consequence unit

24  is not available, the child shall be placed on home detention

25  supervision, which may include the use of with electronic

26  monitoring. Notwithstanding any other provision of law, a

27  child who is taken into custody and detained pursuant to the

28  provisions of this paragraph for a second or subsequent

29  violation of such supervision while awaiting disposition of

30  any pending offense against the child or while awaiting

31  residential placement by the department may be placed pursuant

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  1  to s. 985.2313(3)(b) in a low-risk or moderate-risk

  2  residential program serving that judicial circuit until such

  3  disposition or placement.

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

  5  failure to appear and has previously willfully failed to

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

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

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

  9  72 hours in advance of the next scheduled court hearing

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

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

12  valid mailing address where the child will receive notice to

13  appear at court proceedings does not provide an adequate

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

15  hearings.

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

17  failure to appear and has previously willfully failed to

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

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

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

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

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

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

24  current and valid mailing address where the child will receive

25  notice to appear at court proceedings does not provide an

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

27  the hearings.

28  

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

30  be detained pursuant to this subsection shall be given a

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

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  1  purpose of the detention hearing is to determine the existence

  2  of probable cause that the child has committed the delinquent

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

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

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

  6  the results of the risk assessment performed by the juvenile

  7  probation officer and, based on the criteria in this

  8  subsection, shall determine the need for continued detention.

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

10  or under detention supervision, which may include the use of

11  electronic monitoring, in conjunction with a condition of

12  confinement to a designated residence during designated hours

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

14  subsection. If the court orders a placement more restrictive

15  than indicated by the results of the risk assessment

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

17  convincing reasons for such placement. Except as provided in

18  s. 790.22(8) or as otherwise provided in subsection (10)

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

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

21  nonsecure detention care, under detention supervision, which

22  may include the use of electronic monitoring, in conjunction

23  with a condition of confinement to a designated residence

24  during designated hours, or into a respite home or other

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

26  court order must include specific instructions that direct the

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

28  on the last day of the detention period allowed by law or any

29  lesser period of detention specified in the order of the

30  court. The child shall be released from detention care as

31  directed by such order unless paragraph (5)(b) or paragraph

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

  2  unless the requirements of such applicable provision have been

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

  4  paragraph (5)(f) or continued detention is authorized by

  5  operation of law.

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

  7  secure, nonsecure, or home detention care or 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 for longer than

11  24 hours unless the court orders such detention care or

12  supervision, and the order includes specific instructions that

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

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

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

16  Florida Rules of Appellate Procedure.  Appeals of such orders

17  shall take precedence over other appeals and other pending

18  matters.

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

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

21  under detention supervision, which may include the use of

22  electronic monitoring, in conjunction with a condition of

23  confinement to a designated residence during designated hours

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

25  an adjudicatory hearing for the case has been commenced in

26  good faith by the court.

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

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

29  under detention supervision, which may include the use of

30  electronic monitoring, in conjunction with a condition of

31  confinement to a designated residence during designated hours

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

  2  adjudication.

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

  4  child under the following circumstances:

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

  6  charge requires additional time for the prosecution or defense

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

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

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

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

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

12  involving violence against any individual; or

13         2.  Upon making a specific, written finding that

14  detention care is necessary to ensure public safety in the

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

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

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

18  time limits specified in this subsection.

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

20  nonsecure, or home detention care, under detention

21  supervision, which may include the use of electronic

22  monitoring, in conjunction with a condition of confinement to

23  a designated residence during designated hours, or into other

24  placement pursuant to a court order following a detention

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

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

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

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

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

30  support, maintenance, and other usual and ordinary obligations

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

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

  2  guardian of the child is indigent.

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

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

  5  any available information concerning the ability of the parent

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

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

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

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

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

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

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

13  court makes a finding that such payment would constitute a

14  significant financial hardship.  Such finding shall be in

15  writing and shall contain a detailed description of the facts

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

17  the finding of significant financial hardship.

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

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

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

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

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

23  cooperating in the investigation of the offense.

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

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

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

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

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

29  per day that the child remains in detention care.

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

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

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  1  adjudication is withheld, and whose parent or guardian

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

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

  4  otherwise order the payments of the portion of the public

  5  assistance relating to that child to offset the costs of

  6  providing care, custody, maintenance, rehabilitation,

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

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

  9  order shall be delivered to the judge having jurisdiction of

10  the guardianship estate.

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

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

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

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

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

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

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

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

19  money collected under this section to the state Grants and

20  Donations Trust Fund.

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

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

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

24  identification card number and sufficient financial

25  information for the department to be able to determine the

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

27  guardian refuses to provide the department with any

28  identifying information or financial information, the court

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

30  court sanctions for failure to comply.

31  

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

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

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

  4  registered and in good standing under chapter 559. The

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

  6  amount collected under the claim or may authorize the agency

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

  8  may also pay for collection services from available authorized

  9  funds.

10         (i)  The department may enter into agreements with

11  parents or guardians to establish a schedule of periodic

12  payments if payment of the obligation in full presents an

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

14  interest consistent with prevailing loan rates.

15         (j)  The Department of Juvenile Justice shall provide

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

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

18  payments received by the department pursuant to this

19  subsection shall be deposited in the state Grants and

20  Donations Trust Fund.  Neither the court nor the department

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

22  for the purpose of collecting fees.

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

24  the Department of Juvenile Justice may transfer the child from

25  detention supervision, which may include the use of electronic

26  monitoring, in conjunction with a condition of confinement to

27  a designated residence during designated hours nonsecure or

28  home detention care to secure detention care only if

29  significantly changed circumstances warrant such transfer.

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

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

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  1  nonsecure, or home detention care or under detention

  2  supervision, which may include the use of electronic

  3  monitoring, in conjunction with a condition of confinement to

  4  a designated residence during designated hours only pursuant

  5  to a court hearing in which the original risk assessment

  6  instrument, rescored based on newly discovered evidence or

  7  changed circumstances with the results recommending detention,

  8  is introduced into evidence.

  9         (10)(a)1.  The court shall order all children who are

10  adjudicated delinquent and awaiting placement in a residential

11  commitment program to be placed, or to continue placement, in

12  detention care.  However, a child may only be placed in secure

13  detention care upon meeting the detention admission criteria

14  in accordance with this section.  Children who do not meet the

15  criteria for placement into secure detention care may be

16  placed under detention supervision, which may include the use

17  of electronic monitoring, in conjunction with a condition of

18  confinement to a designated residence during designated hours.

19  When a child is committed to the Department of Juvenile

20  Justice awaiting dispositional placement, removal of the child

21  from detention care shall occur within 5 days, excluding

22  Saturdays, Sundays, and legal holidays. Any child held in

23  secure detention during the 5 days must meet detention

24  admission criteria pursuant to this section.

25         2.  If the child is committed to a moderate-risk

26  residential program, the department may seek an order from the

27  court authorizing continued detention for the a specific

28  period of time necessary for the appropriate residential

29  placement of the child. However, such continued detention in

30  secure detention care may not exceed 15 days after commitment,

31  

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  1  excluding Saturdays, Sundays, and legal holidays, and except

  2  as otherwise provided in this subsection.

  3         2.  The court must place all children who are

  4  adjudicated and awaiting placement in a residential commitment

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

  6  care or nonsecure detention care may be placed on electronic

  7  monitoring.

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

  9  which may include the use of electronic monitoring, in

10  conjunction with a condition of confinement to a designated

11  residence during designated hours in home detention care,

12  nonsecure detention care, or home or nonsecure detention care

13  with electronic monitoring, while awaiting placement in a

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

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

16  conditions of such monitoring or confinement the home

17  detention care, the nonsecure detention care, or the

18  electronic monitoring agreement.  For any subsequent

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

20  detention care.

21         (11)

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

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

24  is transferred from secure detention to detention supervision,

25  which may include the use of electronic monitoring, in

26  conjunction with a condition of confinement to a designated

27  residence during designated hours home detention or nonsecure

28  detention, detention staff shall immediately notify the

29  appropriate law enforcement agency and school personnel.

30         Section 17.  Subsections (2) and (5) of section

31  985.216, Florida Statutes, are amended to read:

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  1         985.216  Punishment for contempt of court; alternative

  2  sanctions.--

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

  4  placed in a secure facility for purposes of punishment for

  5  contempt of court if alternative sanctions are unavailable or

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

  7  serve an alternative sanction but failed to comply with the

  8  sanction.

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

10  indirect contempt may be placed in a secure detention facility

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

12  days for a second or subsequent offense.

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

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

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

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

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

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

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

20  appropriate mental health facility or substance abuse facility

21  for assessment. In addition to disposition under this

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

23  contempt or indirect contempt may be placed in a physically

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

25  eligibility are met.

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

27  created the position of alternative sanctions coordinator

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

29  alternative sanctions coordinator shall serve under the

30  direction of the chief administrative judge of the juvenile

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

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  1  alternative sanctions coordinator shall act as the liaison

  2  between the judiciary, local department officials, district

  3  school board employees, and local law enforcement agencies.

  4  The alternative sanctions coordinator shall coordinate within

  5  the circuit community-based alternative sanctions, including

  6  nonsecure detention programs, community service projects, and

  7  other juvenile sanctions, in conjunction with the circuit plan

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

  9         Section 18.  Subsection (4) of section 985.228, Florida

10  Statutes, is amended to read:

11         985.228  Adjudicatory hearings; withheld adjudications;

12  orders of adjudication.--

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

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

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

16  upon which its finding is based but withholding adjudication

17  of delinquency and placing the child in a probation program

18  pursuant to the provisions of s. 985.2311 under the

19  supervision of the department or under the supervision of any

20  other person or agency specifically authorized and appointed

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

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

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

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

25  nonresidential punishment appropriate to the offense, and may

26  impose as a rehabilitative component a requirement of

27  participation in substance abuse treatment, or school or other

28  educational program attendance. If the child is attending

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

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

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

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  1  order shall include a finding pursuant to the proceedings

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

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

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

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

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

  7  adjudication of delinquency and shall thereafter have full

  8  authority under this chapter to deal with the child as

  9  adjudicated.

10         Section 19.  Subsection (1) of section 985.229, Florida

11  Statutes, is amended to read:

12         985.229  Predisposition report; other evaluations.--

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

14  delinquent act, the court shall may order a predisposition

15  report regarding the eligibility of the child for disposition

16  other than by adjudication and commitment to the department or

17  for disposition of adjudication, commitment to the department,

18  and, if appropriate, assignment of a residential commitment

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

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

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

22  The predisposition report shall be the result of the

23  multidisciplinary assessment when such assessment is needed,

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

25  indicate and report the child's priority needs,

26  recommendations as to a classification of risk for the child

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

28  and a plan for treatment that recommends the most appropriate

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

30  program security that reasonably ensures public safety. A

31  predisposition report shall be ordered for any child for whom

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  1  a residential commitment disposition is anticipated or

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

  3  comprehensive evaluation for physical health, mental health,

  4  substance abuse, academic, educational, or vocational problems

  5  shall be ordered for any child for whom a residential

  6  commitment disposition is anticipated or recommended by an

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

  8  evaluation is ordered, the comprehensive evaluation shall be

  9  completed within 20 days after the date ordered. The

10  predisposition report shall include a summary of the

11  comprehensive evaluation. The predisposition report shall be

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

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

14  predisposition report shall not be reviewed by the court

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

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

17  act.

18         Section 20.  Section 985.231, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

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

22         985.231  Powers of disposition in delinquency

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

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

25  a determination of a sanction and rehabilitative program was

26  made at the disposition hearing:

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

28  supervision of the Department of Juvenile Justice, an

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

30  agency specifically authorized and appointed by the court

31  pursuant to the provisions of s. 985.2311.

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  1         (2)  Commit the child to the Department of Juvenile

  2  Justice pursuant to the provisions of s. 985.2312.

  3         Section 21.  Section 985.2311, Florida Statutes, is

  4  created to read:

  5         985.2311  Probation.--Pursuant to the provisions of ss.

  6  985.228 and 985.231, the court may place a child in a

  7  probation program under the supervision of the Department of

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

  9  any other person or agency specifically authorized and

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

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

12  in some other suitable place under such reasonable conditions

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

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

15  adjudication has been withheld or for an adjudicated

16  delinquent child shall include:

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

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

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

20  nonresidential punishment appropriate to the offense.

21         (b)  A rehabilitative component such as a requirement

22  of participation in residential or nonresidential substance

23  abuse or mental health treatment or school or other

24  educational program attendance.

25  

26  Upon the recommendation of the department at the time of

27  disposition, or subsequent to disposition pursuant to the

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

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

30  submit to random testing for the purpose of detecting and

31  monitoring the use of alcohol or controlled substances.

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

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

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

  4  delinquent act to participate in family counseling and other

  5  professional counseling activities deemed necessary for the

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

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

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

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

10  support the child and participate with the child in fulfilling

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

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

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

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

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

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

17  sanction.

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

19  level classification scale for levels of supervision that

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

21  relative to probation supervision requirements to reasonably

22  ensure public safety.

23         (b)  Probation programs for children shall be

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

25  specifically authorized by the court.  These programs shall

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

27  activities as described in this section and shall be designed

28  to encourage the child toward acceptable and functional social

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

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

31  program shall be consistent with any treatment and

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  1  rehabilitation needs identified for the child.  The term of

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

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

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

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

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

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

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

  9  exceed 6 months.

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

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

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

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

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

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

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

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

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

19  be the receiving and dispensing agent for restitution

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

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

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

23  as a result of receiving and dispensing restitution payments.

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

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

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

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

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

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

30  specified state, county, municipal, or community service

31  organization supervised work program or to work for the

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

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

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

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

  5  determined by a specific funding program, all remuneration

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

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

  8  regardless of whether the child may be receiving wages and

  9  remuneration from other employment with another employer and

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

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

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

13  accountability to the judge and compliance with other

14  requirements, such as restitution and community service. The

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

16  has substantially complied with the terms and conditions of

17  probation.

18         (b)  If the conditions of the probation or conditional

19  release program are violated, the department or the state

20  attorney may bring the child before the court on an affidavit

21  alleging a violation of the program. The state attorney shall

22  represent the state in any hearing on the violation. Any child

23  who violates the conditions of probation must be brought

24  before the court if sanctions are sought.

25         (c)  A child taken into custody under s. 985.207 for

26  violating the conditions of probation or conditional release

27  may be held in detention care in accordance with s. 985.215.

28  Notwithstanding s. 985.215, a child may be held in secure

29  detention until such time as the child is brought before the

30  court for a hearing to determine the existence of probable

31  

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  1  cause that the child violated the conditions of probation or

  2  conditional release if the child:

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

  4  after being properly notified in accordance with the Florida

  5  Rules of Juvenile Procedure;

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

  7  hearings;

  8         3.  Has a record of violent conduct resulting in

  9  physical injury to others; or

10         4.  Is found to have been in possession of a firearm.

11  

12  The child shall be afforded a hearing within 24 hours after

13  being taken into custody.  Following the hearing to determine

14  the existence of probable cause that the child violated the

15  conditions of probation, or if the violation involves a new

16  charge of delinquency, the child may continue to be detained

17  in accordance with s. 985.215.

18         (d)  If the child denies violating the conditions of

19  probation or conditional release, the child may contest the

20  allegation of violation through counsel as provided in s.

21  985.203. Upon the child's admission, or if the court finds

22  after a hearing that the child has violated the conditions of

23  probation or conditional release, the court shall enter an

24  order revoking, modifying, or continuing probation or

25  conditional release.  In each such case, the court shall enter

26  a new disposition order and, in addition to the sanctions set

27  forth in this paragraph, may impose any sanction the court

28  could have imposed at the original disposition hearing.  If

29  the child is found to have violated the conditions of

30  probation or conditional release, the court may:

31  

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  1         1.  Modify or continue the child's probation or

  2  conditional release program.

  3         2.  Place the child pursuant to s. 985.2313(3)(b) in a

  4  low-risk or moderate-risk residential program serving that

  5  judicial circuit for up to 5 days for a first violation and up

  6  to 15 days for a second or subsequent violation.

  7         3.  Subject to limitations specified in ss. 985.2312

  8  and 985.2313, revoke probation or conditional release and

  9  commit the child to the department.

10  

11  Nothing in this section shall be construed to limit the

12  authority of the court to punish a violation of an order of

13  the court in accordance with s. 985.216.

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 22.  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 or proceed pursuant to the provisions of s.

24  985.2311(5).

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

26  school following completion of a residential commitment

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

28  public school while participating in a nonresidential

29  commitment program, and the court finds that the victim or a

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

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

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  1  finding pursuant to the proceedings described in s.

  2  985.23(1)(d).

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

  4  specify a residential commitment level as defined in s.

  5  985.03, subject to the limitations provided in subsection (4).

  6         (4)  The court shall hold in abeyance the residential

  7  placement of any child who:

  8         (a)  Is before the court for an offense that would be a

  9  misdemeanor if committed by an adult;

10         (b)  Has not previously been charged with a misdemeanor

11  offense involving violence or charged with any felony offense;

12  and

13         (c)  Has not previously been placed by the court with

14  the department.

15  

16  Instead, the court shall proceed pursuant to the provisions of

17  s. 985.2313.

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

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

20  in a program or facility for serious or habitual juvenile

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

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

23  the state or the department, that:

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

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

26  offenders.

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

28  served by a program for serious or habitual juvenile offenders

29  as provided in s. 985.31.

30  

31  

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  1  Such determination shall be made in accordance with s.

  2  985.23(3).

  3         (6)  Subject to specific appropriation and

  4  notwithstanding subsection (4), the court shall specify in its

  5  commitment order that the child shall be placed in a program

  6  or facility for juvenile sexual offenders in accordance with

  7  the provisions of s. 985.308 if the court determines, on its

  8  own or upon request by the state or the department, that:

  9         (a)  A juvenile sexual offender placement is required

10  for the protection of the public.

11         (b)  The treatment needs of the juvenile sexual

12  offender would be best served by a juvenile sexual offender

13  placement as provided in s. 985.308.

14         (7)  The court may order the child, as a condition of

15  commitment or as a condition of the nonresidential conditional

16  release program, to comply with any condition provided in s.

17  985.2311.

18         (8)  The court may, upon motion of the child or upon

19  its own motion within 60 days after imposition of a

20  disposition of commitment, suspend the further execution of

21  the disposition to commitment and place the child in a

22  probation program upon such terms and conditions as the court

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

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

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

26  to suspend the disposition.

27         (9)  Any order made pursuant to this section shall be

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

29  thereafter be modified or set aside by the court.

30         (10)  Any commitment of a delinquent child to the

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

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

  2  exceed the maximum term of imprisonment that an adult may

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

  4  placement in a residential commitment program of any level

  5  shall be based on objective performance-based treatment

  6  planning.  The child's treatment plan progress and

  7  adjustment-related issues shall be reported to the court

  8  quarterly unless the court requests a monthly report.  Any

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

10  985.03. The child's length of stay in a residential commitment

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

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

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

14  sanction or punishment.  The nonconsent of the child to

15  commitment or treatment in a residential commitment program,

16  including a substance abuse treatment program, in no way

17  precludes the court from ordering such commitment or

18  treatment.  Any child so committed may be discharged from

19  institutional confinement or a program upon the direction of

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

21  treatment plan progress and adjustment-related issues shall be

22  communicated to the court at the time the department requests

23  the court to consider releasing the child from the residential

24  commitment program.

25         (11)  The department shall give the court that

26  committed the child to the department reasonable notice, in

27  writing, of its desire to discharge the child from a

28  commitment facility. The court that committed the child may

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

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

31  request of the department shall be deemed granted. This

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

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

  3  commitment facility for any violation of the terms and

  4  conditions of the temporary release.

  5         (12)  When a child is committed to the department or a

  6  licensed child care agency for residential placement pursuant

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

  8  accordance with s. 985.24.

  9         (13)  Notwithstanding s. 743.07, the jurisdiction of

10  the court over a juvenile offender committed to the department

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

12  shall be as specified in s. 985.201.

13         Section 23.  Section 985.2313, Florida Statutes, is

14  created to read:

15         985.2313  Nonresidential commitment.--

16         (1)  With regard to a child who:

17         (a)  Is before the court for an offense that would be a

18  misdemeanor if committed by an adult;

19         (b)  Has not previously been charged with a misdemeanor

20  offense involving violence or charged with any felony offense;

21  and

22         (c)  Has not previously been placed by the court with

23  the department,

24  

25  if the court proceeds pursuant to s. 985.231(2), the

26  provisions of s. 985.2312(4) are applicable and the court

27  shall hold in abeyance the residential placement of such child

28  and proceed in accordance with the provisions of this section.

29         (2)  Pursuant to the provisions of ss. 985.231 and

30  985.2312, the court that has jurisdiction of an adjudicated

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

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  1  a determination of a sanction and rehabilitative program was

  2  made at the disposition hearing, commit the child to the care

  3  and custody of the department, an authorized agent of the

  4  department, or any other person or agency specifically

  5  authorized and appointed by the court for placement in a

  6  nonresidential, community-based supervision program offering

  7  structured-day services and on-site school instruction.  The

  8  court may impose any additional conditions of such

  9  nonresidential commitment supervision as provided in s.

10  985.2311.

11         (3)  If the conditions of the nonresidential,

12  community-based supervision program are violated, the

13  department may proceed in accordance with s. 985.404(4).

14  However, unless the violation involves an allegation of a new

15  violation of law for an offense that would be a felony if

16  committed by an adult, the department may not exercise its

17  authority pursuant to s. 985.404(4) to place the child in a

18  high-risk or maximum-risk residential program.  Instead, the

19  department may place the child:

20         (a)  In a secure detention facility for up to 5 days as

21  a consequence for the violation; or

22         (b)  In a low-risk or moderate-risk residential program

23  for up to 28 days as a consequence for a subsequent violation.

24  

25  Such consequence placement shall be considered an additional

26  sanction as a condition of continued nonresidential,

27  community-based supervision program but shall not be

28  considered a residential commitment for purposes of s.

29  985.229.  Nothing in this subsection shall be construed to

30  limit the authority of the court, in accordance with the

31  provisions of s. 985.228, s. 985.23, or s. 985.231, to dispose

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  1  of a subsequent violation of law by a child committed to a

  2  nonresidential, community-based supervision program.

  3         (4)  If the child is alleged to have violated the

  4  conditions of the nonresidential, community-based supervision

  5  program subsequent to having received a consequence placement

  6  in a low-risk or moderate-risk residential program pursuant to

  7  subsection (3), the department has full authority to proceed

  8  in accordance with s. 985.404(4).

  9         Section 24.  Section 985.24, Florida Statutes, is

10  created to read:

11         985.24  Cost of care and custody.--

12         (1)  When any child is:

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

14  supervision, which may include the use of electronic

15  monitoring, in conjunction with a condition of confinement to

16  a designated residence during designated hours, or into other

17  placement pursuant to a court order following a detention

18  hearing; or

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

20  delinquent act and temporary legal custody of the child has

21  been placed with a licensed child-caring agency or the

22  Department of Juvenile Justice,

23  

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

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

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

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

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

29  obligations of parents to provide for the needs of their

30  children while in the recommended residential commitment

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

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

  2  27.52.

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

  4  department shall provide the court with information concerning

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

  6  in the recommended residential commitment level and concerning

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

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

  9  or guardian shall pay to the department a nominal subsistence

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

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

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

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

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

15  payment would constitute a significant financial hardship.

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

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

18  finding of indigency and the finding of significant financial

19  hardship.

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

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

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

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

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

25  the parent or guardian has cooperated in the investigation and

26  prosecution of the offense.

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

28  commitment program shall include specific findings as to what

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

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

31  presumed that the court intended that the parent or guardian

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

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

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

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

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

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

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

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

  9  whether any party should be further obligated with respect to

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

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

12  the judge having jurisdiction over the guardianship estate.

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

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

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

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

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

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

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

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

21  money collected under this section in the Grants and Donations

22  Trust Fund.

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

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

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

26  or identification card number and sufficient financial

27  information for the department to be able to determine the

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

29  guardian refuses to provide the department with any

30  identifying information or financial information, the court

31  

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

  2  contempt of court sanctions for failure to comply.

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

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

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

  6  registered and in good standing under chapter 559.  The

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

  8  amount collected under the claim or may authorize the agency

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

10  may also pay for collection services from available authorized

11  funds.

12         (8)  The department may enter into agreements with

13  parents or guardians to establish a schedule of periodic

14  payments if payment of the obligation in full presents an

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

16  interest consistent with prevailing loan rates.

17         (9)  The department shall provide to the payor

18  documentation of any amounts paid by the payor to the

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

20  the department pursuant to this subsection shall be deposited

21  in the Grants and Donations Trust Fund.

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

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

24  purpose of collecting fees.

25         Section 25.  Subsection (3) of section 985.308, Florida

26  Statutes, is amended to read:

27         985.308  Juvenile sexual offender commitment programs;

28  sexual abuse intervention networks.--

29         (3)  Subject to specific appropriation, a child may be

30  placed in a juvenile sexual offender program when committed to

31  the department.

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  1         (a)  If the court determines that a juvenile who is

  2  subject to commitment pursuant to s. 985.2312(6) has no

  3  history of a recent comprehensive assessment focused on

  4  sexually deviant behavior, the court may, subject to specific

  5  appropriation, order the department to conduct or arrange for

  6  an examination to determine whether the juvenile sexual

  7  offender is amenable to community-based treatment.

  8         (b)  The report of the examination shall include, at a

  9  minimum, the following:

10         1.  The juvenile sexual offender's account of the

11  incident and the official report of the investigation.

12         2.  The juvenile sexual offender's offense history.

13         3.  A multidisciplinary assessment of the sexually

14  deviant behaviors, including an assessment by a certified

15  psychologist, therapist, or psychiatrist.

16         4.  An assessment of the juvenile sexual offender's

17  family, social, educational, and employment situation.  The

18  report shall set forth the sources of the evaluator's

19  information.

20         (c)  The report shall assess the juvenile sexual

21  offender's amenability to treatment and relative risk to the

22  victim and the community.

23         (d)  The department shall provide a proposed plan to

24  the court that shall include, at a minimum:

25         1.  The frequency and type of contact between the

26  offender and the therapist.

27         2.  The specific issues and behaviors to be addressed

28  in the treatment and description of planned treatment methods.

29         3.  Monitoring plans, including any requirements

30  regarding living conditions, school attendance and

31  

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  1  participation, lifestyle, and monitoring by family members,

  2  legal guardians, or others.

  3         4.  Anticipated length of treatment.

  4         5.  Recommended crime-related prohibitions and curfew.

  5         6.  Reasonable restrictions on the contact between the

  6  juvenile sexual offender and either the victim or the alleged

  7  victim.

  8         (e)  After receipt of the report on the proposed plan

  9  of treatment, the court shall consider whether the community

10  and the offender will benefit from use of juvenile sexual

11  offender community-based treatment alternative disposition and

12  consider the opinion of the victim or the victim's family as

13  to whether the offender should receive a community-based

14  treatment alternative disposition under this subsection.

15         (f)  If the court determines that the juvenile sexual

16  offender community-based treatment alternative is appropriate,

17  the court may place the offender on community supervision for

18  up to 3 years.  As a condition of community treatment and

19  supervision, the court may order the offender to:

20         1.  Undergo available outpatient juvenile sexual

21  offender treatment for up to 3 years.  A program or provider

22  may not be used for such treatment unless it has an

23  appropriate program designed for sexual offender treatment.

24  The department shall not change the treatment provider without

25  first notifying the state attorney's office.

26         2.  Remain within described geographical boundaries and

27  notify the court or the department counselor prior to any

28  change in the offender's address, educational program, or

29  employment.

30         3.  Comply with all requirements of the treatment plan.

31  

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  1         (g)  The juvenile sexual offender treatment provider

  2  shall submit quarterly reports on the respondent's progress in

  3  treatment to the court and the parties to the proceedings.

  4  The juvenile sexual offender reports shall reference the

  5  treatment plan and include, at a minimum, the following:

  6         1.  The dates of attendance.

  7         2.  The juvenile sexual offender's compliance with the

  8  requirements of treatment.

  9         3.  A description of the treatment activities.

10         4.  The juvenile sexual offender's relative progress in

11  treatment.

12         5.  The juvenile sexual offender's family support of

13  the treatment objectives.

14         6.  Any other material specified by the court at the

15  time of the disposition.

16         (h)  At the disposition hearing, the court may set case

17  review hearings as the court considers appropriate.

18         (i)  If the juvenile sexual offender violates any

19  condition of the disposition or the court finds that the

20  juvenile sexual offender is failing to make satisfactory

21  progress in treatment, the court may revoke the

22  community-based treatment alternative and order commitment to

23  the department as otherwise provided in s. 985.2312.

24         (j)  If the court determines that the juvenile sexual

25  offender is not amenable to community-based treatment, the

26  court shall proceed with a juvenile sexual offender

27  disposition hearing as provided in s. 985.2312.

28         Section 26.  Paragraphs (e) and (k) of subsection (3)

29  and paragraph (a) of subsection (4) of section 985.31, Florida

30  Statutes, are amended to read:

31         985.31  Serious or habitual juvenile offender.--

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  1         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  2  TREATMENT.--

  3         (e)  After a child has been adjudicated delinquent

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

  5  child meets the criteria for a serious or habitual juvenile

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

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

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

  9         (k)  Any commitment of a child to the department for

10  placement in a serious or habitual juvenile offender program

11  or facility shall be for an indeterminate period of time, but

12  the time shall not exceed the maximum term of imprisonment

13  which an adult may serve for the same offense. The court may

14  retain jurisdiction over such child in accordance with s.

15  985.201. Notwithstanding the provisions of ss. 743.07 and

16  985.231(1)(d), a serious or habitual juvenile offender shall

17  not be held under commitment from a court pursuant to this

18  section, s. 985.231, or s. 985.233 after becoming 21 years of

19  age. This provision shall apply only for the purpose of

20  completing the serious or habitual juvenile offender program

21  pursuant to this chapter and shall be used solely for the

22  purpose of treatment.

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

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

25  department shall implement the comprehensive assessment

26  instrument for the treatment needs of serious or habitual

27  juvenile offenders and for the assessment, which assessment

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

29  also include, but not be limited to, evaluation of the

30  child's:

31         1.  Amenability to treatment.

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  1         2.  Proclivity toward violence.

  2         3.  Tendency toward gang involvement.

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

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

  5  abuse, or indication of sexual behavior dysfunction.

  6         6.  Number and type of previous adjudications, findings

  7  of guilt, and convictions.

  8         7.  Potential for rehabilitation.

  9         Section 27.  Section 985.313, Florida Statutes, is

10  amended to read:

11         985.313  Juvenile correctional facilities or juvenile

12  prison.--A juvenile correctional facility or juvenile prison

13  is a physically secure residential commitment program with a

14  designated length of stay from 18 months to 36 months,

15  primarily serving children 13 years of age to 19 years of age,

16  or until the jurisdiction of the court expires. The court may

17  retain jurisdiction over the child in accordance with the

18  provisions of s. 985.201 until the child reaches the age of

19  21, specifically for the purpose of the child completing the

20  program. Each child committed to this level must meet one of

21  the following criteria:

22         (1)  The youth is at least 13 years of age at the time

23  of the disposition for the current offense and has been

24  adjudicated on the current offense for:

25         (a)  Arson;

26         (b)  Sexual battery;

27         (c)  Robbery;

28         (d)  Kidnapping;

29         (e)  Aggravated child abuse;

30         (f)  Aggravated assault;

31         (g)  Aggravated stalking;

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  1         (h)  Murder;

  2         (i)  Manslaughter;

  3         (j)  Unlawful throwing, placing, or discharging of a

  4  destructive device or bomb;

  5         (k)  Armed burglary;

  6         (l)  Aggravated battery;

  7         (m)  Carjacking;

  8         (n)  Home-invasion robbery;

  9         (o)  Burglary with an assault or battery;

10         (p)  Any lewd or lascivious offense committed upon or

11  in the presence of a person less than 16 years of age; or

12         (q)  Carrying, displaying, using, threatening to use,

13  or attempting to use a weapon or firearm during the commission

14  of a felony.

15         (2)  The youth is at least 13 years of age at the time

16  of the disposition, the current offense is a felony, and the

17  child has previously been committed three or more times to a

18  delinquency commitment program.

19         (3)  The youth is at least 13 years of age and is

20  currently committed for a felony offense and transferred from

21  a moderate-risk or high-risk residential commitment placement.

22         (4)  The youth is at least 13 years of age at the time

23  of the disposition for the current offense, the youth is

24  eligible for prosecution as an adult for the current offense,

25  and the current offense is ranked at level 7 or higher on the

26  Criminal Punishment Code offense severity ranking chart

27  pursuant to s. 921.0022.

28         Section 28.  Subsection (2) of section 985.3141,

29  Florida Statutes, is amended to read:

30         985.3141  Escapes from secure detention or residential

31  commitment facility.--An escape from:

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  1         (2)  Any residential commitment facility described in

  2  s. 985.03(44)(45), maintained for the custody, treatment,

  3  punishment, or rehabilitation of children found to have

  4  committed delinquent acts or violations of law; or

  5         Section 29.  Subsection (5) of section 985.316, Florida

  6  Statutes, is amended to read:

  7         985.316  Conditional release.--

  8         (5)  Participation in the educational program by

  9  students of compulsory school attendance age pursuant to s.

10  232.01 is mandatory for juvenile justice youth on conditional

11  release or postcommitment probation status. A student of

12  noncompulsory school-attendance age who has not received a

13  high school diploma or its equivalent must participate in the

14  educational program. A youth who has received a high school

15  diploma or its equivalent and is not employed must participate

16  in workforce development or other vocational or technical

17  education or attend a community college or a university while

18  in the program, subject to available funding.

19         Section 30.  Subsection (4) and paragraph (a) of

20  subsection (10) of section 985.404, Florida Statutes, are

21  amended to read:

22         985.404  Administering the juvenile justice

23  continuum.--

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

25  necessary to appropriately administer the child's commitment,

26  from one facility or program to another facility or program

27  operated, contracted, subcontracted, or designated by the

28  department, including a nonresidential community-based

29  supervision program offering structured-day services and

30  on-site school instruction or a postcommitment nonresidential

31  conditional release program. The department shall notify the

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  1  court that committed the child to the department and any

  2  attorney of record, in writing, of its intent to transfer the

  3  child from a commitment facility or program to another

  4  facility or program of a higher or lower restrictiveness

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

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

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

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

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

10  regionally administered system of detention services for

11  children, in accordance with a comprehensive plan for the

12  regional administration of all detention services in the

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

14  availability of detention services for all counties. The plan

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

16  operating circuit having a secure facility and detention

17  supervision services, which may include the use of electronic

18  monitoring nonsecure and home detention programs, and the plan

19  may be altered or modified by the Department of Juvenile

20  Justice as necessary.

21         Section 31.  Paragraph (a) of subsection (1) of section

22  985.4045, Florida Statutes, is amended to read:

23         985.4045  Sexual misconduct prohibited; reporting

24  required; penalties.--

25         (1)(a)1.  As used in this subsection, the term:

26         a.  "Sexual misconduct" means fondling the genital

27  area, groin, inner thighs, buttocks, or breasts of a person;

28  the oral, anal, or vaginal penetration by or union with the

29  sexual organ of another; or the anal or vaginal penetration of

30  another by any other object. The term does not include an act

31  done for a bona fide medical purpose or an internal search

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  1  conducted in the lawful performance of duty by an employee of

  2  the department or an employee of a provider under contract

  3  with the department.

  4         b.  "Employee" includes paid staff members, volunteers,

  5  and interns who work in a department program or a program

  6  operated by a provider under a contract.

  7         c.  "Juvenile offender" means any person, regardless of

  8  age, who is detained or supervised by, or committed to the

  9  custody of, the department.

10         2.  An employee who engages in sexual misconduct with a

11  juvenile offender detained or supervised by, or committed to

12  the custody of, the department commits a felony of the second

13  degree, punishable as provided in s. 775.082, s. 775.083, or

14  s. 775.084. An employee may be found guilty of violating this

15  subsection without having committed the crime of sexual

16  battery.

17         3.  The consent of the juvenile offender to any act of

18  sexual misconduct is not a defense to prosecution under this

19  subsection.

20         4.  This subsection does not apply to an employee of

21  the department, or an employee of a provider under contract

22  with the department, who:

23         a.  Is legally married to a juvenile offender who is

24  detained or supervised by, or committed to the custody of, the

25  department.

26         b.  Has no reason to believe that the person with whom

27  the employee engaged in sexual misconduct is a juvenile

28  offender detained or supervised by, or committed to the

29  custody of, the department.

30         Section 32.  Section 985.4075, Florida Statutes, is

31  amended to read:

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  1         985.4075  One-time startup funding for juvenile justice

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

  3  utilized as one-time startup funding for juvenile justice

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

  5  renovation of existing facilities, construction costs, leasing

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

  7  and other necessary and reasonable costs associated with the

  8  startup of facilities or programs. However, any expenditures

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

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

11  and consistent with the intent of the appropriation.

12         Section 33.  Paragraph (b) of subsection (3) of section

13  39.0015, Florida Statutes, is amended to read:

14         39.0015  Child abuse prevention training in the

15  district school system.--

16         (3)  DEFINITIONS.--As used in this section:

17         (b)  "Child abuse" means those acts as defined in ss.

18  39.01(1), (2), (30), (43), (45), (52), and (63), 827.04, and

19  984.03(1), (2), and (33) (37).

20         Section 34.  Paragraph (a) of subsection (8) of section

21  216.136, Florida Statutes, is amended to read:

22         216.136  Consensus estimating conferences; duties and

23  principals.--

24         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

26  Conference shall develop such official information relating to

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

28  the conference principals to be needed for the state planning

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

30  not limited to:  estimates of juvenile delinquency caseloads

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

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  1  juvenile detention placements and for the use of detention

  2  supervision, which may include the use of electronic

  3  monitoring; estimates of workloads in the juvenile sections in

  4  the offices of the state attorneys and public defenders;

  5  estimates of mental health and substance abuse treatment

  6  relating to juveniles; and such other information as is

  7  determined by the conference principals to be needed for the

  8  state planning and budgeting system.

  9         Section 35.  Subsection (4) of section 316.635, Florida

10  Statutes, is amended to read:

11         316.635  Courts having jurisdiction over traffic

12  violations; powers relating to custody and detention of

13  minors.--

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

15  court or judicial officer as required by written notice to

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

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

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

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

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

21  985.216(2).:

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

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

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

25  unavailable, in a secure juvenile detention center.

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

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

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

29  secure juvenile detention center.

30         Section 36.  Subsection (2) of section 318.143, Florida

31  Statutes, is amended to read:

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  1         318.143  Sanctions for infractions by minors.--

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

  3  sanctions imposed by the court constitutes contempt of court.

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

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

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

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

  8  s. 985.216(2).:

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

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

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

12  unavailable, in a secure juvenile detention center.

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

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

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

16  secure juvenile detention center.

17         Section 37.  Paragraph (d) of subsection (1) of section

18  419.001, Florida Statutes, is amended to read:

19         419.001  Site selection of community residential

20  homes.--

21         (1)  For the purposes of this section, the following

22  definitions shall apply:

23         (d)  "Resident" means any of the following:  a frail

24  elder as defined in s. 400.618; a physically disabled or

25  handicapped person as defined in s. 760.22(7)(a); a

26  developmentally disabled person as defined in s. 393.063(12);

27  a nondangerous mentally ill person as defined in s.

28  394.455(18); or a child as defined in s. 39.01(14), s.

29  984.03(8)(9) or (10) (12), or s. 985.03(8).

30         Section 38.  Subsection (3) of section 744.309, Florida

31  Statutes, is amended to read:

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  1         744.309  Who may be appointed guardian of a resident

  2  ward.--

  3         (3)  DISQUALIFIED PERSONS.--No person who has been

  4  convicted of a felony or who, from any incapacity or illness,

  5  is incapable of discharging the duties of a guardian, or who

  6  is otherwise unsuitable to perform the duties of a guardian,

  7  shall be appointed to act as guardian.  Further, no person who

  8  has been judicially determined to have committed abuse,

  9  abandonment, or neglect against a child as defined in s. 39.01

10  or s. 984.03(1), (2), and (33) (37), or who has been found

11  guilty of, regardless of adjudication, or entered a plea of

12  nolo contendere or guilty to, any offense prohibited under s.

13  435.03 or under any similar statute of another jurisdiction,

14  shall be appointed to act as a guardian.  Except as provided

15  in subsection (5) or subsection (6), a person who provides

16  substantial services to the proposed ward in a professional or

17  business capacity, or a creditor of the proposed ward, may not

18  be appointed guardian and retain that previous professional or

19  business relationship.  A person may not be appointed a

20  guardian if he or she is in the employ of any person, agency,

21  government, or corporation that provides service to the

22  proposed ward in a professional or business capacity, except

23  that a person so employed may be appointed if he or she is the

24  spouse, adult child, parent, or sibling of the proposed ward

25  or the court determines that the potential conflict of

26  interest is insubstantial and that the appointment would

27  clearly be in the proposed ward's best interest. The court may

28  not appoint a guardian in any other circumstance in which a

29  conflict of interest may occur.

30         Section 39.  Section 784.075, Florida Statutes, is

31  amended to read:

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  1         784.075  Battery on detention or commitment facility

  2  staff or a juvenile probation officer.--A person who commits a

  3  battery on a juvenile probation officer, as defined in s.

  4  984.03 or s. 985.03, on other staff of a detention center or

  5  facility as defined in s. 984.03(16)(19) or s. 985.03(19), or

  6  on a staff member of a commitment facility as defined in s.

  7  985.03(44)(45), commits a felony of the third degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084. For purposes of this section, a staff member of the

10  facilities listed includes persons employed by the Department

11  of Juvenile Justice, persons employed at facilities licensed

12  by the Department of Juvenile Justice, and persons employed at

13  facilities operated under a contract with the Department of

14  Juvenile Justice.

15         Section 40.  Paragraph (j) of subsection (1) of section

16  960.001, Florida Statutes, is amended to read:

17         960.001  Guidelines for fair treatment of victims and

18  witnesses in the criminal justice and juvenile justice

19  systems.--

20         (1)  The Department of Legal Affairs, the state

21  attorneys, the Department of Corrections, the Department of

22  Juvenile Justice, the Parole Commission, the State Courts

23  Administrator and circuit court administrators, the Department

24  of Law Enforcement, and every sheriff's department, police

25  department, or other law enforcement agency as defined in s.

26  943.10(4) shall develop and implement guidelines for the use

27  of their respective agencies, which guidelines are consistent

28  with the purposes of this act and s. 16(b), Art. I of the

29  State Constitution and are designed to implement the

30  provisions of s. 16(b), Art. I of the State Constitution and

31  to achieve the following objectives:

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  1         (j)  Notification of right to request restitution.--Law

  2  enforcement agencies and the state attorney shall inform the

  3  victim of the victim's right to request and receive

  4  restitution pursuant to s. 775.089, s. 985.2311, or s.

  5  985.2312 or s. 985.231(1)(a)1., and of the victim's rights of

  6  enforcement under ss. 775.089(6) and 985.201 in the event an

  7  offender does not comply with a restitution order. The state

  8  attorney shall seek the assistance of the victim in the

  9  documentation of the victim's losses for the purpose of

10  requesting and receiving restitution. In addition, the state

11  attorney shall inform the victim if and when restitution is

12  ordered.

13         Section 41.  Subsection (5) of section 985.21, Florida

14  Statutes, is amended to read:

15         985.21  Intake and case management.--

16         (5)  Prior to requesting that a delinquency petition be

17  filed or prior to filing a dependency petition, the juvenile

18  probation officer may request the parent or legal guardian of

19  the child to attend a course of instruction in parenting

20  skills, training in conflict resolution, and the practice of

21  nonviolence; to accept counseling; or to receive other

22  assistance from any agency in the community which notifies the

23  clerk of the court of the availability of its services. Where

24  appropriate, the juvenile probation officer shall request both

25  parents or guardians to receive such parental assistance. The

26  juvenile probation officer may, in determining whether to

27  request that a delinquency petition be filed, take into

28  consideration the willingness of the parent or legal guardian

29  to comply with such request. The parent or guardian must

30  provide the juvenile probation officer with identifying

31  information, including the parent's or guardian's name,

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  1  address, date of birth, social security number, and driver's

  2  license number or identification card number in order to

  3  comply with ss. 985.215(6), 985.231(1)(b), and 985.233(4)(d),

  4  and 985.24.

  5         Section 42.  Paragraph (e) of subsection (3) of section

  6  985.311, Florida Statutes, is amended to read:

  7         985.311  Intensive residential treatment program for

  8  offenders less than 13 years of age.--

  9         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

10  TREATMENT.--

11         (e)  After a child has been adjudicated delinquent

12  pursuant to s. 985.228(5), the court shall determine whether

13  the child is eligible for an intensive residential treatment

14  program for offenders less than 13 years of age pursuant to s.

15  985.03(7).  If the court determines that the child does not

16  meet the criteria, the provisions of s. 985.231(1) shall

17  apply.

18         Section 43.  The Department of Juvenile Justice shall

19  develop protocols for the comprehensive evaluation described

20  in s. 985.229, Florida Statutes, in order to produce a

21  consistent statewide practice for conducting the comprehensive

22  evaluation. The protocols shall specify qualifications of the

23  professionals who will conduct the comprehensive evaluation.

24         Section 44.  The Department of Juvenile Justice shall,

25  in consultation with the substantive and fiscal committees of

26  jurisdiction of the House of Representatives and the Senate,

27  prepare an implementation plan in accordance with the

28  provisions of this act. No later than September 15, 2002, the

29  department shall submit to substantive and fiscal committees

30  of jurisdiction of the House of Representatives and the Senate

31  a preliminary report of the implementation plan. The

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  1  department's legislative budget request shall be developed in

  2  accordance with, and shall describe redirection of resources

  3  pursuant to, the implementation plan. The department's final

  4  implementation plan shall be submitted to the Legislature no

  5  later than January 1, 2003.

  6         Section 45.  This act shall take effect July 1, 2003.

  7  

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