| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the juvenile justice system; amending |
| 8 | s. 985.02, F.S.; requiring gender-specific programming |
| 9 | within the Department of Juvenile Justice for children in |
| 10 | this state; requiring the Office of Program Policy |
| 11 | Analysis and Government Accountability to conduct an |
| 12 | analysis of gender-specific programs in the Department of |
| 13 | Juvenile Justice; providing certain gender-specific |
| 14 | information to be included in the analysis; requiring the |
| 15 | analysis to address the administration of psychotropic |
| 16 | medication to youth in commitment facilities; reenacting |
| 17 | s. 985.3045(1) and (3), F.S., relating to prevention |
| 18 | service programs, for the purpose of incorporating the |
| 19 | amendment to s. 985.02, F.S., in references thereto; |
| 20 | providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (1) of section 985.02, Florida |
| 25 | Statutes, is amended, and subsection (8) is added to said |
| 26 | section, to read: |
| 27 | 985.02 Legislative intent for the juvenile justice |
| 28 | system.-- |
| 29 | (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of |
| 30 | the Legislature that the children of this state be provided with |
| 31 | the following protections: |
| 32 | (a) Protection from abuse, neglect, and exploitation. |
| 33 | (b) A permanent and stable home. |
| 34 | (c) A safe and nurturing environment which will preserve a |
| 35 | sense of personal dignity and integrity. |
| 36 | (d) Adequate nutrition, shelter, and clothing. |
| 37 | (e) Effective treatment to address physical, social, and |
| 38 | emotional needs, regardless of geographical location. |
| 39 | (f) Equal opportunity and access to quality and effective |
| 40 | education, which will meet the individual needs of each child, |
| 41 | and to recreation and other community resources to develop |
| 42 | individual abilities. |
| 43 | (g) Access to preventive services. |
| 44 | (h) An independent, trained advocate when intervention is |
| 45 | necessary, and a skilled guardian or caretaker in a safe |
| 46 | environment when alternative placement is necessary. |
| 47 | (i) Gender-specific programming and gender-specific |
| 48 | program models and services that comprehensively address the |
| 49 | needs of a targeted gender group. |
| 50 | (8) GENDER-SPECIFIC PROGRAMMING.-- |
| 51 | (a) The Legislature finds that the prevention, treatment, |
| 52 | and rehabilitation needs of youth served by the juvenile justice |
| 53 | system are gender-specific. |
| 54 | (b) Gender-specific programming refers to unique program |
| 55 | models and services that comprehensively address the needs of a |
| 56 | targeted gender group. Gender-specific services require the |
| 57 | adherence to the principle of equity to ensure that the |
| 58 | different interests of young women and men are recognized and |
| 59 | varying needs are met, with equality as the desired outcome. |
| 60 | Gender-specific programming focuses on the differences between |
| 61 | young females' and young males' roles and responsibilities, |
| 62 | positions in society, access to and use of resources, and social |
| 63 | codes governing behavior. Gender-specific programs increase the |
| 64 | effectiveness of programs by making interventions more |
| 65 | appropriate to the specific needs of young women and men and |
| 66 | ensuring that these programs do not unknowingly create, |
| 67 | maintain, or reinforce gender roles or relations that may be |
| 68 | damaging. |
| 69 | (c) The Office of Program Policy Analysis and Government |
| 70 | Accountability shall conduct an analysis of programs for young |
| 71 | females within the Department of Juvenile Justice. The analysis |
| 72 | shall address the nature of young female offenders in this |
| 73 | state, the percentage of young females who are incarcerated in |
| 74 | the juvenile justice system for status offenses and violations |
| 75 | of probation, and whether these young females could be better |
| 76 | served in less costly community-based programs. In addition, the |
| 77 | review shall analyze whether existing juvenile justice programs |
| 78 | are designed to meet the gender-specific needs of young females |
| 79 | and an analysis of the true cost of providing gender-specific |
| 80 | services to young females. The analysis shall also address the |
| 81 | administration of psychotropic medication by the department to |
| 82 | youths in all commitment facilities. The analysis shall include |
| 83 | the number of youths currently in commitment facilities who are |
| 84 | receiving psychotropic medications, the type of medication, and |
| 85 | the purpose of the administration of the medication. |
| 86 | Section 2. For the purpose of incorporating the amendment |
| 87 | to section 985.02, Florida Statutes, in references thereto, |
| 88 | subsections (1) and (3) of section 985.3045, Florida Statutes, |
| 89 | are reenacted to read: |
| 90 | 985.3045 Prevention service program; monitoring; report; |
| 91 | uniform performance measures.-- |
| 92 | (1) The department's prevention service program shall |
| 93 | monitor all state-funded programs, grants, appropriations, or |
| 94 | activities that are designed to prevent juvenile crime, |
| 95 | delinquency, gang membership, or status offense behaviors and |
| 96 | all state-funded programs, grants, appropriations, or activities |
| 97 | that are designed to prevent a child from becoming a "child in |
| 98 | need of services," as defined in chapter 984, in order to inform |
| 99 | the Governor and the Legislature concerning efforts designed to |
| 100 | further the policy of the state concerning juvenile justice and |
| 101 | delinquency prevention, consistent with ss. 984.02 and 985.02. |
| 102 | (3) The department shall expend funds related to the |
| 103 | prevention of juvenile delinquency in a manner consistent with |
| 104 | the policies expressed in ss. 984.02 and 985.02. The department |
| 105 | shall expend said funds in a manner that maximizes public |
| 106 | accountability and ensures the documentation of outcomes. |
| 107 | (a) All entities that receive or use state moneys to fund |
| 108 | juvenile delinquency prevention services through contracts or |
| 109 | grants with the department shall design the programs providing |
| 110 | such services to further one or more of the strategies specified |
| 111 | in paragraphs (2)(a)-(d). |
| 112 | (b) The department shall develop an outcome measure for |
| 113 | each program strategy specified in paragraphs (2)(a)-(d) that |
| 114 | logically relates to the risk factor addressed by the strategy. |
| 115 | (c) All entities that receive or use state moneys to fund |
| 116 | the juvenile delinquency prevention services through contracts |
| 117 | or grants with the department shall, as a condition of receipt |
| 118 | of state funds, provide the department with personal demographic |
| 119 | information concerning all participants in the service |
| 120 | sufficient to allow the department to verify criminal or |
| 121 | delinquent history information, school attendance or academic |
| 122 | information, employment information, or other requested |
| 123 | performance information. |
| 124 | Section 3. This act shall take effect upon becoming a law. |