Senate Bill sb1470c1

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    Florida Senate - 2003                           CS for SB 1470

    By the Committee on Criminal Justice; and Senator Lynn





    307-2189-03

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 790.22, F.S.; eliminating a requirement that

  4         the Department of Juvenile Justice forward

  5         information relating to detained juveniles to

  6         the Office of Economic and Demographic

  7         Research; amending s. 984.06, F.S.; clarifying

  8         provisions limiting the public availability of

  9         court records relating to children and families

10         in need of services; amending s. 985.201, F.S.;

11         extending the court's jurisdiction until a

12         specified age with respect to juveniles who

13         must complete certain commitment programs;

14         amending s. 985.2075, F.S.; expanding authority

15         of youth custody officers; amending ss. 985.213

16         and 985.215, F.S.; authorizing a child's

17         participation in specified court hearings by

18         telephone or video teleconference; amending s.

19         985.231, F.S.; authorizing the Department of

20         Juvenile Justice to file an affidavit alleging

21         violations of a juvenile's probation program;

22         clarifying the age of juveniles for court

23         jurisdiction regarding residential commitment;

24         amending s. 985.404, F.S.; creating the

25         Auxiliary Juvenile Justice Program within the

26         department; providing program requirements;

27         authorizing auxiliary officers to supervise

28         certain juveniles; requiring training and

29         certification; providing for reimbursement for

30         travel and per diem expenses; amending s.

31         287.042, F.S; providing that contracted

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 1         provider organizations, when acting as agents

 2         of the department, are exempt from competitive

 3         solicitation requirements; providing an

 4         effective date.

 5  

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

 7  

 8         Section 1.  Subsection (8) of section 790.22, Florida

 9  Statutes, is amended to read:

10         790.22  Use of BB guns, air or gas-operated guns, or

11  electric weapons or devices by minor under 16; limitation;

12  possession of firearms by minor under 18 prohibited;

13  penalties.--

14         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

15  minor under 18 years of age is charged with an offense that

16  involves the use or possession of a firearm, as defined in s.

17  790.001, including a violation of subsection (3), or is

18  charged for any offense during the commission of which the

19  minor possessed a firearm, the minor shall be detained in

20  secure detention, unless the state attorney authorizes the

21  release of the minor, and shall be given a hearing within 24

22  hours after being taken into custody. At the hearing, the

23  court may order that the minor continue to be held in secure

24  detention in accordance with the applicable time periods

25  specified in s. 985.215(5), if the court finds that the minor

26  meets the criteria specified in s. 985.215(2), or if the court

27  finds by clear and convincing evidence that the minor is a

28  clear and present danger to himself or herself or the

29  community. The Department of Juvenile Justice shall prepare a

30  form for all minors charged under this subsection that states

31  the period of detention and the relevant demographic

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 1  information, including, but not limited to, the sex, age, and

 2  race of the minor; whether or not the minor was represented by

 3  private counsel or a public defender; the current offense; and

 4  the minor's complete prior record, including any pending

 5  cases. The form shall be provided to the judge to be

 6  considered when determining whether the minor should be

 7  continued in secure detention under this subsection. An order

 8  placing a minor in secure detention because the minor is a

 9  clear and present danger to himself or herself or the

10  community must be in writing, must specify the need for

11  detention and the benefits derived by the minor or the

12  community by placing the minor in secure detention, and must

13  include a copy of the form provided by the department. The

14  Department of Juvenile Justice must send the form, including a

15  copy of any order, without client-identifying information, to

16  the Office of Economic and Demographic Research.

17         Section 2.  Subsection (3) of section 984.06, Florida

18  Statutes, is amended to read:

19         984.06  Oaths, records, and confidential information.--

20         (3)  The clerk shall keep all court records required by

21  this chapter separate from other records of the circuit court.

22  All Court records required by this chapter are not open to

23  inspection by the public.  All such records shall may be

24  inspected only upon order of the court by persons a person

25  deemed by the court to have a proper interest therein, except

26  that, subject to the provisions of s. 63.162, a child and the

27  parents or legal custodians of the child and their attorneys,

28  the guardian ad litem, law enforcement agencies, and the

29  department and its designees have the right to may inspect and

30  copy any official record pertaining to the child.  The court

31  may permit authorized representatives of recognized

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 1  organizations compiling statistics for proper purposes to

 2  inspect and make abstracts from official records, under

 3  whatever conditions upon their use and disposition the court

 4  may deem deems proper, and may punish by contempt proceedings

 5  any violation of those conditions.

 6         Section 3.  Subsection (4) of section 985.201, Florida

 7  Statutes, is amended to read:

 8         985.201  Jurisdiction.--

 9         (4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23,

10  and 985.231, and except as provided in ss. 985.31 and 985.313,

11  when the jurisdiction of any child who is alleged to have

12  committed a delinquent act or violation of law is obtained,

13  the court shall retain jurisdiction, unless relinquished by

14  its order, until the child reaches 19 years of age, with the

15  same power over the child that the court had prior to the

16  child becoming an adult. The court may continue to retain

17  jurisdiction of the child beyond the child's 19th birthday in

18  accordance with the following:

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

20  committed to the department for placement in a juvenile prison

21  or in a high-risk or maximum-risk residential commitment

22  program to allow the child to participate in a juvenile

23  conditional release program pursuant to s. 985.316.  In no

24  case shall the jurisdiction of the court be retained beyond

25  the child's 22nd birthday.  However, if the child is not

26  successful in the conditional release program, the department

27  may use the transfer procedure under s. 985.404.

28         2.  The court may retain jurisdiction over a child

29  committed to the department for placement in an intensive

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

31  offenders, in the residential commitment program in a juvenile

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

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

 3  985.311 or s. 985.31 until the child reaches the age of 21.

 4  The court may exercise jurisdiction retention solely for the

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

 6  court exercises this jurisdiction retention, it shall do so

 7  solely for the purpose of the child completing the intensive

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

 9  offenders, in the residential commitment program in a juvenile

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

11  for serious or habitual juvenile offenders. Such jurisdiction

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

13  or new offenses.

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

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

16  ordered to pay restitution until the restitution order is

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

18  retains such jurisdiction after the date upon which the

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

20  do so solely for the purpose of enforcing the restitution

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

22  provisions of s. 775.089(5).

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

24  jurisdiction by any court having jurisdiction of the child if

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

26  law.

27         Section 4.  Section 985.2075, Florida Statutes, is

28  amended to read:

29         985.2075  Youth custody officer.--

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

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

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

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

 3  has violated the conditions of probation, home detention,

 4  conditional release, or postcommitment probation, has escaped

 5  from a facility of the department, has absconded from

 6  supervision of the department, or has failed to appear in

 7  court after being properly noticed. The authority of the youth

 8  custody officer to take youth into custody is specifically

 9  limited to this purpose.

10         (2)  A youth custody officer while in the performance

11  of his or her duties who takes a youth into custody for any

12  reason specified in subsection (1) and who has probable cause

13  to believe that the youth committed a crime during the taking

14  of the youth into custody or after the taking of the youth

15  into custody must file the appropriate petitions and gather

16  any evidence for prosecution in a court of law.

17         (3)(2)  A youth custody officer must meet the minimum

18  qualifications for employment or appointment, be certified

19  under chapter 943, and comply with the requirements for

20  continued employment required by s. 943.135. The Department of

21  Juvenile Justice must comply with the responsibilities

22  provided for an employing agency under s. 943.133 for each

23  youth custody officer.

24         (4)(3)  A youth custody officer shall inform

25  appropriate local law enforcement agencies of his or her

26  activities under this section.

27         Section 5.  Paragraph (b) of subsection (2) of section

28  985.213, Florida Statutes, is amended to read:

29         985.213  Use of detention.--

30         (2)

31  

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

 2  care placement determinations and orders shall be developed by

 3  the Department of Juvenile Justice in agreement with

 4  representatives appointed by the following associations: the

 5  Conference of Circuit Judges of Florida, the Prosecuting

 6  Attorneys Association, the Public Defenders Association, the

 7  Florida Sheriffs Association, and the Florida Association of

 8  Chiefs of Police.  Each association shall appoint two

 9  individuals, one representing an urban area and one

10  representing a rural area.  The parties involved shall

11  evaluate and revise the risk assessment instrument as is

12  considered necessary using the method for revision as agreed

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

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

15  failure to appear, prior offenses, offenses committed pending

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

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

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

19  The risk assessment instrument shall also take into

20  consideration appropriate aggravating and mitigating

21  circumstances, and shall be designed to target a narrower

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

23  instrument shall also include any information concerning the

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

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

26  detention care is warranted, whether the child should be

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

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

29  material error in the scoring of the risk assessment

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

31  accuracy.

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

 2  of domestic violence as defined in s. 741.28 and who does not

 3  meet detention criteria may be held in secure detention if the

 4  court makes specific written findings that:

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

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

 7  detention in order to protect the victim from injury.

 8  

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

10  subparagraph for more than 48 hours unless ordered by the

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

12  state attorney or victim requests that secure detention be

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

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

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

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

17  limits set forth in s. 985.215. Other than the initial

18  detention hearing, the child may appear at court hearings

19  required by this paragraph by telephone or video

20  teleconference.

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

22  department through probation, home detention, nonsecure

23  detention, conditional release, postcommitment probation, or

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

25  the risk assessment instrument may be completed and scored

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

27  under the supervision of the department and the new offense.

28         Section 6.  Subsection (2), paragraph (f) of subsection

29  (5), and paragraph (a) of subsection (10) of section 985.215,

30  Florida Statutes, are amended to read:

31         985.215  Detention.--

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

 2  child taken into custody and placed into nonsecure or home

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

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

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

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

 7  conditional release supervision, or is alleged to have escaped

 8  while being lawfully transported to or from such program or

 9  supervision.

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

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

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

13  violation of law and requests in writing through legal counsel

14  to be detained for protection from an imminent physical threat

15  to his or her personal safety.

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

17  domestic violence as defined in s. 741.28 and is detained as

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

19         (e)  The child is charged with possession or

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

21  790.115.

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

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

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

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

26  including any such offense involving the use or possession of

27  a firearm.

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

29  third degree felony involving a violation of chapter 893 or

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

31  and the child:

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

 2  after being properly notified in accordance with the Rules of

 3  Juvenile Procedure;

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

 5  hearings;

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

 7  is awaiting final disposition of the case;

 8         4.  Has a record of violent conduct resulting in

 9  physical injury to others; or

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

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

12  conditions of the child's probation or conditional release

13  supervision. However, a child detained under this paragraph

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

15  985.231(1)(a)1.c. If a consequence unit is not available, the

16  child shall be placed on home detention with electronic

17  monitoring.

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

19  failure to appear and has previously willfully failed to

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

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

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

23  72 hours in advance of the next scheduled court hearing

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

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

26  valid mailing address where the child will receive notice to

27  appear at court proceedings does not provide an adequate

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

29  hearings.

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

31  failure to appear and has previously willfully failed to

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

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

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

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

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

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

 7  current and valid mailing address where the child will receive

 8  notice to appear at court proceedings does not provide an

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

10  the hearings.

11  

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

13  be detained pursuant to this subsection shall be given a

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

15  purpose of the detention hearing is to determine the existence

16  of probable cause that the child has committed the delinquent

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

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

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

20  the results of the risk assessment performed by the juvenile

21  probation officer and, based on the criteria in this

22  subsection, shall determine the need for continued detention.

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

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

25  subsection. If the court orders a placement more restrictive

26  than indicated by the results of the risk assessment

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

28  convincing reasons for such placement. Except as provided in

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

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

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

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 1  respite home or other placement pursuant to a court order

 2  following a hearing, the court order must include specific

 3  instructions that direct the release of the child from such

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

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

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

 7  unless the requirements of such applicable provision have been

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

 9  paragraph (5)(f). Other than the initial detention hearing,

10  the child may appear at court hearings required by this

11  section by telephone or video teleconference.

12         (5)

13         (f)  The time limits in paragraphs (c) and (d) do not

14  include periods of delay resulting from a continuance granted

15  by the court for cause on motion of the child or his or her

16  counsel or of the state. Upon the issuance of an order

17  granting a continuance for cause on a motion by either the

18  child, the child's counsel, or the state, the court shall

19  conduct a hearing at the end of each 72-hour period, excluding

20  Saturdays, Sundays, and legal holidays, to determine the need

21  for continued detention of the child and the need for further

22  continuance of proceedings for the child or the state. The

23  child may appear at court hearings required by this paragraph

24  by telephone or video teleconference.

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

26  of Juvenile Justice awaiting dispositional placement, removal

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

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

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

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

31  committed to a moderate-risk residential program, the

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 1  department may seek an order from the court authorizing

 2  continued detention for a specific period of time necessary

 3  for the appropriate residential placement of the child.

 4  However, such continued detention in secure detention care may

 5  not exceed 15 days after commitment, excluding Saturdays,

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

 7  in this subsection. The child may appear at court hearings

 8  required by this paragraph by telephone or video

 9  teleconference.

10         2.  The court must place all children who are

11  adjudicated and awaiting placement in a residential commitment

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

13  care or nonsecure detention care may be placed on electronic

14  monitoring.

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

16  985.231, Florida Statutes, is amended to read:

17         985.231  Powers of disposition in delinquency cases.--

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

19  adjudicated delinquent child may, by an order stating the

20  facts upon which a determination of a sanction and

21  rehabilitative program was made at the disposition hearing:

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

23  postcommitment probation program under the supervision of an

24  authorized agent of the Department of Juvenile Justice or of

25  any other person or agency specifically authorized and

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

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

28  place under such reasonable conditions as the court may

29  direct. A probation program for an adjudicated delinquent

30  child must include a penalty component such as restitution in

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

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

 2  nonresidential punishment appropriate to the offense and must

 3  also include a rehabilitative program component such as a

 4  requirement of participation in substance abuse treatment or

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

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

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

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

 9  court placement order shall include a finding pursuant to the

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

11  recommendation of the department at the time of disposition,

12  or subsequent to disposition pursuant to the filing of a

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

14  postcommitment probation, the court may order the child to

15  submit to random testing for the purpose of detecting and

16  monitoring the use of alcohol or controlled substances.

17         a.  A restrictiveness level classification scale for

18  levels of supervision shall be provided by the department,

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

20  probation supervision requirements to reasonably ensure the

21  public safety. Probation programs for children shall be

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

23  specifically authorized by the court. These programs must

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

25  activities as described in this subparagraph, and shall be

26  designed to encourage the child toward acceptable and

27  functional social behavior. If supervision or a program of

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

29  such supervision or program must be consistent with any

30  treatment and rehabilitation needs identified for the child

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

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

 2  that the duration of such supervision or program for an

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

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

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

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

 7  the child and the parent or guardian could reasonably be

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

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

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

11         b.  The court may conduct judicial review hearings for

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

19  postcommitment probation program are violated, the department

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

21  an affidavit a petition alleging a violation of the program.

22  The state attorney shall represent the state in any hearing on

23  the violation. Any child who violates the conditions of

24  probation or postcommitment probation must be brought before

25  the court if sanctions are sought. A child taken into custody

26  under s. 985.207 for violating the conditions of probation or

27  postcommitment probation shall be held in a consequence unit

28  if such a unit is available. The child shall be afforded a

29  hearing within 24 hours after being taken into custody to

30  determine the existence of probable cause that the child

31  violated the conditions of probation or postcommitment

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 1  probation. A consequence unit is a secure facility

 2  specifically designated by the department for children who are

 3  taken into custody under s. 985.207 for violating probation or

 4  postcommitment probation, or who have been found by the court

 5  to have violated the conditions of probation or postcommitment

 6  probation. If the violation involves a new charge of

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

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

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

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

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

12  985.215. If the child denies violating the conditions of

13  probation or postcommitment probation, the court shall appoint

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

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

16  that the child has violated the conditions of probation or

17  postcommitment probation, the court shall enter an order

18  revoking, modifying, or continuing probation or postcommitment

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

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

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

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

23  is found to have violated the conditions of probation or

24  postcommitment probation, the court may:

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

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

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

28  violation.

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

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

31  residential consequence unit is not available.

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

 2  or postcommitment probation program.

 3         (IV)  Revoke probation or postcommitment probation and

 4  commit the child to the department.

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

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

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

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

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

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

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

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

13  center or facility or shelter.

14         3.  Commit the child to the Department of Juvenile

15  Justice at a residential commitment level defined in s.

16  985.03. Such commitment must be for the purpose of exercising

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

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

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

20  postcommitment nonresidential conditional release program. If

21  the child is eligible to attend public school following

22  residential commitment and the court finds that the victim or

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

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

25  finding pursuant to the proceedings described in s.

26  985.23(1)(d). If the child is not successful in the

27  conditional release program, the department may use the

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

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

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

31  

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 1  by the department or until he or she reaches the age of 19,

 2  except as provided in s. 985.201(4) 21.

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

 4  child.

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

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

 7  child, to render community service in a public service

 8  program.

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

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

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

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

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

14  restitution in money, through a promissory note cosigned by

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

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

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

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

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

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

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

22  clerk as a result of receiving and dispensing restitution

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

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

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

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

27  guardian has made diligent and good faith efforts to prevent

28  the child from engaging in delinquent acts absolves the parent

29  or guardian of liability for restitution under this

30  subparagraph.

31  

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

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

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

 4  an alternative to monetary restitution or as part of the

 5  rehabilitative or probation program.

 6         8.  Commit the child to the Department of Juvenile

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

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

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

10  habitual juvenile offenders must be for an indeterminate

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

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

13  The court may retain jurisdiction over such child until the

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

15  the child completing the program or until the age of 22 for

16  the purpose of completing the program and conditional release.

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

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

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

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

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

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

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

24  shall determine a reasonable amount or manner of restitution,

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

26  provided in subparagraph 6.

27         10.  Subject to specific appropriation, commit the

28  juvenile sexual offender to the Department of Juvenile Justice

29  for placement in a program or facility for juvenile sexual

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

31  juvenile sexual offender to a program or facility for juvenile

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

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

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

 4  retain jurisdiction over a juvenile sexual offender until the

 5  juvenile sexual offender reaches the age of 21, specifically

 6  for the purpose of completing the program or until the age of

 7  22 for the purpose of completing the program and conditional

 8  release.

 9         Section 8.  Subsection (13) is added to section

10  985.404, Florida Statutes, to read:

11         985.404  Administering the juvenile justice

12  continuum.--

13         (13)  The Auxiliary Juvenile Justice Officer Program

14  may be established to assist the department in reducing

15  juvenile crime.  The Department of Juvenile Justice shall

16  develop the Auxiliary Juvenile Justice Program guidelines.

17  The program shall recruit, train, and supervise volunteer

18  citizens as auxiliary juvenile justice officers for the

19  purpose of providing direct supervision of juveniles who are

20  in detention, juveniles who are on probation, juveniles who

21  are youth participating in diversion services, and juveniles

22  who are on postcommitment or conditional release supervision.

23  The auxiliary juvenile justice officers shall supervise,

24  transport, participate in public functions with, and mentor

25  juvenile youth.  Auxiliary juvenile justice officers may

26  perform intake and screening functions.  An auxiliary juvenile

27  justice officer must be supervised at all times by a juvenile

28  probation officer, a juvenile detention officer, or other

29  certified juvenile justice officer and is not solely

30  responsible for any juvenile.  Each auxiliary juvenile justice

31  officer must meet all eligibility criteria and successfully

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 1  complete the standard training and certification program at a

 2  designated academy or shall remain on trainee status until

 3  certification.  Volunteers shall serve without compensation,

 4  but are eligible for reimbursement for travel and per diem

 5  expenses.  Auxiliary juvenile justice officers may not carry

 6  weapons or firearms on their person or in their vehicle while

 7  performing their job responsibilities and shall be evaluated

 8  every 6 months.

 9         Section 9.  Paragraph (a) of subsection (2) of section

10  287.042, Florida Statutes, is amended to read:

11         287.042  Powers, duties, and functions.--The department

12  shall have the following powers, duties, and functions:

13         (2)(a)  To establish purchasing agreements and procure

14  state term contracts for commodities and contractual services,

15  pursuant to s. 287.057, under which state agencies shall, and

16  eligible users may, make purchases pursuant to s. 287.056. The

17  department may restrict purchases from some term contracts to

18  state agencies only for those term contracts where the

19  inclusion of other governmental entities will have an adverse

20  effect on competition or to those federal facilities located

21  in this state. In such planning or purchasing the Office of

22  Supplier Diversity may monitor to ensure that opportunities

23  are afforded for contracting with minority business

24  enterprises. The department, for state term contracts, and all

25  agencies, for multiyear contractual services or term

26  contracts, shall explore reasonable and economical means to

27  utilize certified minority business enterprises. Purchases by

28  any county, municipality, private nonprofit community

29  transportation coordinator designated pursuant to chapter 427,

30  while conducting business related solely to the Commission for

31  the Transportation Disadvantaged; purchases by a contracted

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 1  provider organization acting as an agent for the Department of

 2  Juvenile Justice while conducting business related solely to

 3  the provision of services to juveniles under chapters 984 and

 4  985; purchases by any, or other local public agency under the

 5  provisions in the state purchasing contracts;, and purchases,

 6  from the corporation operating the correctional work programs,

 7  of products or services that are subject to paragraph (1)(f),

 8  are exempt from the competitive solicitation requirements

 9  otherwise applying to their purchases.

10         Section 10.  This act shall take effect July 1, 2003.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 1470

14                                 

15  Corrects a misspelling.

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