HB 0623 2004
1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 287.042,
3	F.S.; providing an exemption from competitive solicitation
4	requirements for contracted provider organizations acting
5	as agents of the Department of Juvenile Justice; amending
6	s. 790.22, F.S.; eliminating a requirement that the
7	department provide nonidentifying information concerning
8	certain juvenile offenders to the Office of Economic
9	Development and Demographic Research; amending s. 984.06,
10	F.S.; revising provisions limiting public inspection of
11	court records pertaining to children and families in need
12	of services; authorizing a guardian ad litem to inspect
13	such records under certain circumstances; amending s.
14	985.201, F.S.; clarifying circumstances in which the court
15	may retain jurisdiction beyond the 19th birthday of
16	certain juvenile offenders; amending s. 985.2075, F.S.;
17	expanding the circumstances in which a youth custody
18	officer is authorized to act; requiring youth custody
19	officers to file petitions and gather evidence in certain
20	circumstances; amending ss. 985.213 and 985.215, F.S.;
21	authorizing the use of telephone or video teleconference
22	to facilitate the appearance of a child at detention
23	hearings; amending s. 985.231, F.S.; authorizing the
24	department or the state attorney to file an affidavit
25	alleging violation of a probation of postcommitment
26	probation program; requiring the state attorney to
27	represent the state in any hearing on such alleged
28	violation; providing for quarterly, rather than monthly,
29	treatment reports; authorizing the use of telephone or
30	video teleconference to facilitate the appearance of a
31	child at certain hearings; conforming provisions relating
32	to jurisdiction; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Paragraph (a) of subsection (2) of section
37	287.042, Florida Statutes, is amended to read:
38	287.042 Powers, duties, and functions.--The department
39	shall have the following powers, duties, and functions:
40	(2)(a) To establish purchasing agreements and procure
41	state term contracts for commodities and contractual services,
42	pursuant to s. 287.057, under which state agencies shall, and
43	eligible users may, make purchases pursuant to s. 287.056. The
44	department may restrict purchases from some term contracts to
45	state agencies only for those term contracts where the inclusion
46	of other governmental entities will have an adverse effect on
47	competition or to those federal facilities located in this
48	state. In such planning or purchasing the Office of Supplier
49	Diversity may monitor to ensure that opportunities are afforded
50	for contracting with minority business enterprises. The
51	department, for state term contracts, and all agencies, for
52	multiyear contractual services or term contracts, shall explore
53	reasonable and economical means to utilize certified minority
54	business enterprises. Purchases by any county, municipality,
55	private nonprofit community transportation coordinator
56	designated pursuant to chapter 427, while conducting business
57	related solely to the Commission for the Transportation
58	Disadvantaged, purchases by a contracted provider organization
59	acting as an agent for the Department of Juvenile Justice while
60	conducting business related solely to the provision of services
61	to juveniles under chapters 984 and 985, purchases by any or
62	other local public agency under the provisions in the state
63	purchasing contracts, and purchases, from the corporation
64	operating the correctional work programs, of products or
65	services that are subject to paragraph (1)(f), are exempt from
66	the competitive solicitation requirements otherwise applying to
67	their purchases.
68	Section 2. Subsection (8) of section 790.22, Florida
69	Statutes, is amended to read:
70	790.22 Use of BB guns, air or gas-operated guns, or
71	electric weapons or devices by minor under 16; limitation;
72	possession of firearms by minor under 18 prohibited;
73	penalties.--
74	(8) Notwithstanding s. 985.213 or s. 985.215(1), if a
75	minor under 18 years of age is charged with an offense that
76	involves the use or possession of a firearm, as defined in s.
77	790.001, including a violation of subsection (3), or is charged
78	for any offense during the commission of which the minor
79	possessed a firearm, the minor shall be detained in secure
80	detention, unless the state attorney authorizes the release of
81	the minor, and shall be given a hearing within 24 hours after
82	being taken into custody. At the hearing, the court may order
83	that the minor continue to be held in secure detention in
84	accordance with the applicable time periods specified in s.
85	985.215(5), if the court finds that the minor meets the criteria
86	specified in s. 985.215(2), or if the court finds by clear and
87	convincing evidence that the minor is a clear and present danger
88	to himself or herself or the community. The Department of
89	Juvenile Justice shall prepare a form for all minors charged
90	under this subsection that states the period of detention and
91	the relevant demographic information, including, but not limited
92	to, the sex, age, and race of the minor; whether or not the
93	minor was represented by private counsel or a public defender;
94	the current offense; and the minor's complete prior record,
95	including any pending cases. The form shall be provided to the
96	judge to be considered when determining whether the minor should
97	be continued in secure detention under this subsection. An order
98	placing a minor in secure detention because the minor is a clear
99	and present danger to himself or herself or the community must
100	be in writing, must specify the need for detention and the
101	benefits derived by the minor or the community by placing the
102	minor in secure detention, and must include a copy of the form
103	provided by the department. The Department of Juvenile Justice
104	must send the form, including a copy of any order, without
105	client-identifying information, to the Office of Economic and
106	Demographic Research.
107	Section 3. Subsection (3) of section 984.06, Florida
108	Statutes, is amended to read:
109	984.06 Oaths, records, and confidential information.--
110	(3) The clerk shall keep all court records required by
111	this chapter separate from other records of the circuit court.
112	Allcourt records required by this chapter are not open to
113	inspection by the public. All such records shall maybe
114	inspected only upon order of the court by persons a person
115	deemed by the court to have a proper interest therein, except
116	that, subject to the provisions of s. 63.162, a child and the
117	parents or legal custodians of the child and their attorneys,
118	the guardian ad litem, if one has been appointed for the child,
119	law enforcement agencies, and the department and its designees
120	have the right to mayinspect and copy any official record
121	pertaining to the child. The court may permit authorized
122	representatives of recognized organizations compiling statistics
123	for proper purposes to inspect and make abstracts from official
124	records, under whatever conditions upon their use and
125	disposition the court may deem deemsproper, and may punish by
126	contempt proceedings any violation of those conditions.
127	Section 4. Subsection (4) of section 985.201, Florida
128	Statutes, is amended to read:
129	985.201 Jurisdiction.--
130	(4)(a) Notwithstanding ss. 743.07, 985.229, 985.23, and
131	985.231, and except as provided in ss. 985.31 and 985.313, when
132	the jurisdiction of any child who is alleged to have committed a
133	delinquent act or violation of law is obtained, the court shall
134	retain jurisdiction, unless relinquished by its order, until the
135	child reaches 19 years of age, with the same power over the
136	child that the court had prior to the child becoming an adult.
137	The court may continue to retain jurisdiction of the child
138	beyond the child's 19th birthday in accordance with the
139	following:
140	(b)1. The court may retain jurisdiction over a child
141	committed to the department for placement in a juvenile prison
142	or in a high-risk or maximum-risk residential commitment program
143	to allow the child to participate in a juvenile conditional
144	release program pursuant to s. 985.316. In no case shall the
145	jurisdiction of the court be retained beyond the child's 22nd
146	birthday. However, if the child is not successful in the
147	conditional release program, the department may use the transfer
148	procedure under s. 985.404.
149	2. The court may retain jurisdiction over a child
150	committed to the department for placement in an intensive
151	residential treatment program for offenders less than 13 years
152	of age 10-year-old to 13-year-old offenders, in the residential
153	commitment program in a juvenile prison, in a residential sex
154	offender program, or in a program for serious or habitual
155	juvenile offenders as provided in s. 985.311 or s. 985.31 until
156	the child reaches the age of 21. The court may retain such
157	jurisdiction solely for the purpose of allowing the child to
158	complete such program. If the court exercises this jurisdiction
159	retention, it shall do so solely for the purpose of the child
160	completing the intensive residential treatment program for 10-
161	year-old to 13-year-old offenders, in the residential commitment
162	program in a juvenile prison, in a residential sex offender
163	program, or the program for serious or habitual juvenile
164	offenders.Such jurisdiction retention does not apply for other
165	programs, other purposes, or new offenses.
166	(b)(c)The court may retain jurisdiction over a child and
167	the child's parent or legal guardian whom the court has ordered
168	to pay restitution until the restitution order is satisfied or
169	until the court orders otherwise. If the court retains such
170	jurisdiction after the date upon which the court's jurisdiction
171	would cease under this section, it shall do so solely for the
172	purpose of enforcing the restitution order. The terms of the
173	restitution order are subject to the provisions of s.
174	775.089(5).
175	(c)(d)This subsection does not prevent the exercise of
176	jurisdiction by any court having jurisdiction of the child if
177	the child, after becoming an adult, commits a violation of law.
178	Section 5. Subsection (1) of section 985.2075, Florida
179	Statutes, is amended, and subsection (4) is added to said
180	section, to read:
181	985.2075 Youth custody officer.--
182	(1) There is created within the Department of Juvenile
183	Justice the position of youth custody officer. The duties of
184	each youth custody officer shall be to take youth into custody
185	if the officer has probable cause to believe that the youth has
186	violated the conditions of probation, home detention,
187	conditional release, or postcommitment probation, has absconded
188	supervision of the department, has escaped from a department
189	facility,or has failed to appear in court after being properly
190	noticed. The authority of the youth custody officer to take
191	youth into custody is specifically limited to this purpose.
192	(4) A youth custody officer who, while in the performance
193	of his or her duties, takes a youth into custody for any reason
194	specified in subsection (1) and has probable cause to believe
195	that the youth committed a crime during the course of, or
196	subsequent to, being taken into custody must file the
197	appropriate petitions and gather any evidence for prosecution in
198	a court of law.
199	Section 6. Subsection (2) of section 985.213, Florida
200	Statutes, is amended to read:
201	985.213 Use of detention.--
202	(2)(a) All determinations and court orders regarding
203	placement of a child into detention care shall comply with all
204	requirements and criteria provided in this part and shall be
205	based on a risk assessment of the child, unless the child is
206	placed into detention care as provided in subparagraph (b)3.
207	(b)1. The risk assessment instrument for detention care
208	placement determinations and orders shall be developed by the
209	Department of Juvenile Justice in agreement with representatives
210	appointed by the following associations: the Conference of
211	Circuit Judges of Florida, the Prosecuting Attorneys
212	Association, the Public Defenders Association, the Florida
213	Sheriffs Association, and the Florida Association of Chiefs of
214	Police. Each association shall appoint two individuals, one
215	representing an urban area and one representing a rural area.
216	The parties involved shall evaluate and revise the risk
217	assessment instrument as is considered necessary using the
218	method for revision as agreed by the parties. The risk
219	assessment instrument shall take into consideration, but need
220	not be limited to, prior history of failure to appear, prior
221	offenses, offenses committed pending adjudication, any unlawful
222	possession of a firearm, theft of a motor vehicle or possession
223	of a stolen motor vehicle, and probation status at the time the
224	child is taken into custody. The risk assessment instrument
225	shall also take into consideration appropriate aggravating and
226	mitigating circumstances, and shall be designed to target a
227	narrower population of children than s. 985.215(2). The risk
228	assessment instrument shall also include any information
229	concerning the child's history of abuse and neglect. The risk
230	assessment shall indicate whether detention care is warranted,
231	and, if detention care is warranted, whether the child should be
232	placed into secure, nonsecure, or home detention care.
233	2. If, at the detention hearing, the court finds a
234	material error in the scoring of the risk assessment instrument,
235	the court may amend the score to reflect factual accuracy.
236	3. A child who is charged with committing an offense of
237	domestic violence as defined in s. 741.28 and who does not meet
238	detention criteria may be held in secure detention if the court
239	makes specific written findings that:
240	a. Respite care for the child is not available; and
241	b. It is necessary to place the child in secure detention
242	in order to protect the victim from injury.
243
244	The child may not be held in secure detention under this
245	subparagraph for more than 48 hours unless ordered by the court.
246	After 48 hours, the court shall hold a hearing if the state
247	attorney or victim requests that secure detention be continued.
248	The child may continue to be held in detention care if the court
249	makes a specific, written finding that detention care is
250	necessary to protect the victim from injury. However, the child
251	may not be held in detention care beyond the time limits set
252	forth in s. 985.215.
253	4. For a child who is under the supervision of the
254	department through probation, home detention, nonsecure
255	detention, conditional release, postcommitment probation, or
256	commitment and who is charged with committing a new offense, the
257	risk assessment instrument may be completed and scored based on
258	the underlying charge for which the child was placed under the
259	supervision of the department and the new offense.
260	(c) The child may appear by telephone or video
261	teleconference at any court hearing required by this paragraph.
262	Section 7. Section 985.215, Florida Statutes, is amended
263	to read:
264	985.215 Detention.--
265	(1) The juvenile probation officer shall receive custody
266	of a child who has been taken into custody from the law
267	enforcement agency and shall review the facts in the law
268	enforcement report or probable cause affidavit and make such
269	further inquiry as may be necessary to determine whether
270	detention care is required.
271	(a) During the period of time from the taking of the child
272	into custody to the date of the detention hearing, the initial
273	decision as to the child's placement into secure detention care,
274	nonsecure detention care, or home detention care shall be made
275	by the juvenile probation officer pursuant to ss. 985.213 and
276	985.214.
277	(b) The juvenile probation officer shall base the decision
278	whether or not to place the child into secure detention care,
279	home detention care, or nonsecure detention care on an
280	assessment of risk in accordance with the risk assessment
281	instrument and procedures developed by the Department of
282	Juvenile Justice under s. 985.213. However, a child charged with
283	possessing or discharging a firearm on school property in
284	violation of s. 790.115 shall be placed in secure detention
285	care.
286	(c) If the juvenile probation officer determines that a
287	child who is eligible for detention based upon the results of
288	the risk assessment instrument should be released, the juvenile
289	probation officer shall contact the state attorney, who may
290	authorize release. If detention is not authorized, the child may
291	be released by the juvenile probation officer in accordance with
292	s. 985.211.
293
294	Under no circumstances shall the juvenile probation officer or
295	the state attorney or law enforcement officer authorize the
296	detention of any child in a jail or other facility intended or
297	used for the detention of adults, without an order of the court.
298	(2) Subject to the provisions of subsection (1), a child
299	taken into custody and placed into nonsecure or home detention
300	care or detained in secure detention care prior to a detention
301	hearing may continue to be detained by the court if:
302	(a) The child is alleged to be an escapee or an absconder
303	from a commitment program, a probation program, or conditional
304	release supervision, or is alleged to have escaped while being
305	lawfully transported to or from such program or supervision.
306	(b) The child is wanted in another jurisdiction for an
307	offense which, if committed by an adult, would be a felony.
308	(c) The child is charged with a delinquent act or
309	violation of law and requests in writing through legal counsel
310	to be detained for protection from an imminent physical threat
311	to his or her personal safety.
312	(d) The child is charged with committing an offense of
313	domestic violence as defined in s. 741.28 and is detained as
314	provided in s. 985.213(2)(b)3.
315	(e) The child is charged with possession or discharging a
316	firearm on school property in violation of s. 790.115.
317	(f) The child is charged with a capital felony, a life
318	felony, a felony of the first degree, a felony of the second
319	degree that does not involve a violation of chapter 893, or a
320	felony of the third degree that is also a crime of violence,
321	including any such offense involving the use or possession of a
322	firearm.
323	(g) The child is charged with any second degree or third
324	degree felony involving a violation of chapter 893 or any third
325	degree felony that is not also a crime of violence, and the
326	child:
327	1. Has a record of failure to appear at court hearings
328	after being properly notified in accordance with the Rules of
329	Juvenile Procedure;
330	2. Has a record of law violations prior to court hearings;
331	3. Has already been detained or has been released and is
332	awaiting final disposition of the case;
333	4. Has a record of violent conduct resulting in physical
334	injury to others; or
335	5. Is found to have been in possession of a firearm.
336	(h) The child is alleged to have violated the conditions
337	of the child's probation or conditional release supervision.
338	However, a child detained under this paragraph may be held only
339	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
340	consequence unit is not available, the child shall be placed on
341	home detention with electronic monitoring.
342	(i) The child is detained on a judicial order for failure
343	to appear and has previously willfully failed to appear, after
344	proper notice, for an adjudicatory hearing on the same case
345	regardless of the results of the risk assessment instrument. A
346	child may be held in secure detention for up to 72 hours in
347	advance of the next scheduled court hearing pursuant to this
348	paragraph. The child's failure to keep the clerk of court and
349	defense counsel informed of a current and valid mailing address
350	where the child will receive notice to appear at court
351	proceedings does not provide an adequate ground for excusal of
352	the child's nonappearance at the hearings.
353	(j) The child is detained on a judicial order for failure
354	to appear and has previously willfully failed to appear, after
355	proper notice, at two or more court hearings of any nature on
356	the same case regardless of the results of the risk assessment
357	instrument. A child may be held in secure detention for up to 72
358	hours in advance of the next scheduled court hearing pursuant to
359	this paragraph. The child's failure to keep the clerk of court
360	and defense counsel informed of a current and valid mailing
361	address where the child will receive notice to appear at court
362	proceedings does not provide an adequate ground for excusal of
363	the child's nonappearance at the hearings.
364
365	A child who meets any of these criteria and who is ordered to be
366	detained pursuant to this subsection shall be given a hearing
367	within 24 hours after being taken into custody. The purpose of
368	the detention hearing is to determine the existence of probable
369	cause that the child has committed the delinquent act or
370	violation of law with which he or she is charged and the need
371	for continued detention. Unless a child is detained under
372	paragraph (d) or paragraph (e), the court shall utilize the
373	results of the risk assessment performed by the juvenile
374	probation officer and, based on the criteria in this subsection,
375	shall determine the need for continued detention. A child placed
376	into secure, nonsecure, or home detention care may continue to
377	be so detained by the court pursuant to this subsection. If the
378	court orders a placement more restrictive than indicated by the
379	results of the risk assessment instrument, the court shall
380	state, in writing, clear and convincing reasons for such
381	placement. Except as provided in s. 790.22(8) or in subparagraph
382	(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
383	(10)(d), when a child is placed into secure or nonsecure
384	detention care, or into a respite home or other placement
385	pursuant to a court order following a hearing, the court order
386	must include specific instructions that direct the release of
387	the child from such placement no later than 5 p.m. on the last
388	day of the detention period specified in paragraph (5)(b) or
389	paragraph (5)(c), or subparagraph (10)(a)1., whichever is
390	applicable, unless the requirements of such applicable provision
391	have been met or an order of continuance has been granted
392	pursuant to paragraph (5)(f).
393	(3) Except in emergency situations, a child may not be
394	placed into or transported in any police car or similar vehicle
395	that at the same time contains an adult under arrest, unless the
396	adult is alleged or believed to be involved in the same offense
397	or transaction as the child.
398	(4) The court shall order the delivery of a child to a
399	jail or other facility intended or used for the detention of
400	adults:
401	(a) When the child has been transferred or indicted for
402	criminal prosecution as an adult pursuant to this part, except
403	that the court may not order or allow a child alleged to have
404	committed a misdemeanor who is being transferred for criminal
405	prosecution pursuant to either s. 985.226 or s. 985.227 to be
406	detained or held in a jail or other facility intended or used
407	for the detention of adults; however, such child may be held
408	temporarily in a detention facility; or
409	(b) When a child taken into custody in this state is
410	wanted by another jurisdiction for prosecution as an adult.
411
412	The child shall be housed separately from adult inmates to
413	prohibit a child from having regular contact with incarcerated
414	adults, including trustees. "Regular contact" means sight and
415	sound contact. Separation of children from adults shall permit
416	no more than haphazard or accidental contact. The receiving jail
417	or other facility shall contain a separate section for children
418	and shall have an adequate staff to supervise and monitor the
419	child's activities at all times. Supervision and monitoring of
420	children includes physical observation and documented checks by
421	jail or receiving facility supervisory personnel at intervals
422	not to exceed 15 minutes. This paragraph does not prohibit
423	placing two or more children in the same cell. Under no
424	circumstances shall a child be placed in the same cell with an
425	adult.
426	(5)(a) A child may not be placed into or held in secure,
427	nonsecure, or home detention care for longer than 24 hours
428	unless the court orders such detention care, and the order
429	includes specific instructions that direct the release of the
430	child from such detention care, in accordance with subsection
431	(2). The order shall be a final order, reviewable by appeal
432	pursuant to s. 985.234 and the Florida Rules of Appellate
433	Procedure. Appeals of such orders shall take precedence over
434	other appeals and other pending matters.
435	(b) The arresting law enforcement agency shall complete
436	and present its investigation of an offense under this
437	subsection to the appropriate state attorney's office within 8
438	days after placement of the child in secure detention. The
439	investigation shall include, but is not limited to, police
440	reports and supplemental police reports, witness statements, and
441	evidence collection documents. The failure of a law enforcement
442	agency to complete and present its investigation within 8 days
443	shall not entitle a juvenile to be released from secure
444	detention or to a dismissal of any charges.
445	(c) Except as provided in paragraph (g), a child may not
446	be held in secure, nonsecure, or home detention care under a
447	special detention order for more than 21 days unless an
448	adjudicatory hearing for the case has been commenced in good
449	faith by the court.
450	(d) Except as provided in paragraph (g), a child may not
451	be held in secure, nonsecure, or home detention care for more
452	than 15 days following the entry of an order of adjudication.
453	(e) A child who was not in secure detention at the time of
454	the adjudicatory hearing, but for whom residential commitment is
455	anticipated or recommended, may be placed under a special
456	detention order for a period not to exceed 72 hours, excluding
457	weekends and legal holidays, for the purpose of conducting a
458	comprehensive evaluation as provided in s. 985.229(1). Motions
459	for the issuance of such special detention order may be made
460	subsequent to a finding of delinquency. Upon said motion, the
461	court shall conduct a hearing to determine the appropriateness
462	of such special detention order and shall order the least
463	restrictive level of detention necessary to complete the
464	comprehensive evaluation process that is consistent with public
465	safety. Such special detention order may be extended for an
466	additional 72 hours upon further order of the court.
467	(f) The time limits in paragraphs (c) and (d) do not
468	include periods of delay resulting from a continuance granted by
469	the court for cause on motion of the child or his or her counsel
470	or of the state. Upon the issuance of an order granting a
471	continuance for cause on a motion by either the child, the
472	child's counsel, or the state, the court shall conduct a hearing
473	at the end of each 72-hour period, excluding Saturdays, Sundays,
474	and legal holidays, to determine the need for continued
475	detention of the child and the need for further continuance of
476	proceedings for the child or the state.
477	(g) Upon good cause being shown that the nature of the
478	charge requires additional time for the prosecution or defense
479	of the case, the court may extend the time limits for detention
480	specified in paragraph (c) an additional 9 days if the child is
481	charged with an offense that would be, if committed by an adult,
482	a capital felony, a life felony, a felony of the first degree,
483	or a felony of the second degree involving violence against any
484	individual.
485	(6)(a) When any child is placed into secure, nonsecure, or
486	home detention care or into other placement pursuant to a court
487	order following a detention hearing, the court shall order the
488	parents or guardians of such child to pay to the Department of
489	Juvenile Justice fees in the amount of $5 per day that the child
490	is under the care or supervision of the department in order to
491	partially offset the cost of the care, support, maintenance, and
492	other usual and ordinary obligations of parents to provide for
493	the needs of their children, unless the court makes a finding on
494	the record that the parent or guardian of the child is indigent.
495	(b) At the time of the detention hearing, the department
496	shall report to the court, verbally or in writing, any available
497	information concerning the ability of the parent or guardian of
498	the child to pay such fee. If the court makes a finding of
499	indigency, the parent or guardian shall pay to the department a
500	nominal subsistence fee of $2 per day that the child is securely
501	detained outside the home or $1 per day if the child is
502	otherwise detained in lieu of other fees related to the parent's
503	obligation for the child's cost of care. The nominal subsistence
504	fee may only be waived or reduced if the court makes a finding
505	that such payment would constitute a significant financial
506	hardship. Such finding shall be in writing and shall contain a
507	detailed description of the facts that led the court to make
508	both the finding of indigency and the finding of significant
509	financial hardship.
510	(c) In addition, the court may reduce the fees or waive
511	the fees as to each parent or guardian if the court makes a
512	finding on the record that the parent or guardian was the victim
513	of the delinquent act or violation of law for which the child is
514	detained and that the parent or guardian is cooperating in the
515	investigation of the offense.
516	(d) The court must include specific findings in the
517	detention order as to what fees are ordered, reduced, or waived.
518	If the court fails to enter an order as required by this
519	subsection, it shall be presumed that the court intended the
520	parent or guardian to pay to the department the fee of $5 per
521	day that the child remains in detention care.
522	(e) With respect to a child who has been found to have
523	committed a delinquent act or violation of law, whether or not
524	adjudication is withheld, and whose parent or guardian receives
525	public assistance for any portion of that child's care, the
526	department must seek a federal waiver to garnish or otherwise
527	order the payments of the portion of the public assistance
528	relating to that child to offset the costs of providing care,
529	custody, maintenance, rehabilitation, intervention, or
530	corrective services to the child. When the order affects the
531	guardianship estate, a certified copy of the order shall be
532	delivered to the judge having jurisdiction of the guardianship
533	estate.
534	(f) The clerk of the circuit court shall act as a
535	depository for these fees. Upon each payment received, the clerk
536	of the circuit court shall receive a fee from the total payment
537	of 3 percent of any payment made except that no fee shall be
538	less than $1 nor more than $5 per payment made. This fee shall
539	serve as a service charge for the administration, management,
540	and maintenance of each payment. At the end of each month, the
541	clerk of the circuit court shall send all money collected under
542	this section to the state Grants and Donations Trust Fund.
543	(g) The parent or guardian shall provide to the department
544	the parent's or guardian's name, address, social security
545	number, date of birth, and driver's license number or
546	identification card number and sufficient financial information
547	for the department to be able to determine the parent's or
548	guardian's ability to pay. If the parent or guardian refuses to
549	provide the department with any identifying information or
550	financial information, the court shall order the parent to
551	comply and may pursue contempt of court sanctions for failure to
552	comply.
553	(h) The department may employ a collection agency for the
554	purpose of receiving, collecting, and managing the payment of
555	unpaid and delinquent fees. The collection agency must be
556	registered and in good standing under chapter 559. The
557	department may pay to the collection agency a fee from the
558	amount collected under the claim or may authorize the agency to
559	deduct the fee from the amount collected. The department may
560	also pay for collection services from available authorized
561	funds.
562	(i) The department may enter into agreements with parents
563	or guardians to establish a schedule of periodic payments if
564	payment of the obligation in full presents an undue hardship.
565	Any such agreement may provide for payment of interest
566	consistent with prevailing loan rates.
567	(j) The Department of Juvenile Justice shall provide to
568	the payor documentation of any amounts paid by the payor to the
569	Department of Juvenile Justice on behalf of the child. All
570	payments received by the department pursuant to this subsection
571	shall be deposited in the state Grants and Donations Trust Fund.
572	Neither the court nor the department may extend the child's
573	length of stay in detention care solely for the purpose of
574	collecting fees.
575	(7) If a child is detained and a petition for delinquency
576	is filed, the child shall be arraigned in accordance with the
577	Florida Rules of Juvenile Procedure within 48 hours after the
578	filing of the petition for delinquency.
579	(8) If a child is detained pursuant to this section, the
580	Department of Juvenile Justice may transfer the child from
581	nonsecure or home detention care to secure detention care only
582	if significantly changed circumstances warrant such transfer.
583	(9) If a child is on release status and not detained
584	pursuant to this section, the child may be placed into secure,
585	nonsecure, or home detention care only pursuant to a court
586	hearing in which the original risk assessment instrument,
587	rescored based on newly discovered evidence or changed
588	circumstances with the results recommending detention, is
589	introduced into evidence.
590	(10)(a)1. When a child is committed to the Department of
591	Juvenile Justice awaiting dispositional placement, removal of
592	the child from detention care shall occur within 5 days,
593	excluding Saturdays, Sundays, and legal holidays. Any child held
594	in secure detention during the 5 days must meet detention
595	admission criteria pursuant to this section. If the child is
596	committed to a moderate-risk residential program, the department
597	may seek an order from the court authorizing continued detention
598	for a specific period of time necessary for the appropriate
599	residential placement of the child. However, such continued
600	detention in secure detention care may not exceed 15 days after
601	commitment, excluding Saturdays, Sundays, and legal holidays,
602	and except as otherwise provided in this subsection.
603	2. The court must place all children who are adjudicated
604	and awaiting placement in a residential commitment program in
605	detention care. Children who are in home detention care or
606	nonsecure detention care may be placed on electronic monitoring.
607	(b) A child who is placed in home detention care,
608	nonsecure detention care, or home or nonsecure detention care
609	with electronic monitoring, while awaiting placement in a low-
610	risk or moderate-risk program, may be held in secure detention
611	care for 5 days, if the child violates the conditions of the
612	home detention care, the nonsecure detention care, or the
613	electronic monitoring agreement. For any subsequent violation,
614	the court may impose an additional 5 days in secure detention
615	care.
616	(c) If the child is committed to a high-risk residential
617	program, the child must be held in detention care until
618	placement or commitment is accomplished.
619	(d) If the child is committed to a maximum-risk
620	residential program, the child must be held in detention care
621	until placement or commitment is accomplished.
622	(e) Upon specific appropriation, the department may obtain
623	comprehensive evaluations, including, but not limited to,
624	medical, academic, psychological, behavioral, sociological, and
625	vocational needs of a youth with multiple arrests for all level
626	criminal acts or a youth committed to a minimum-risk or low-risk
627	commitment program.
628	(f) Regardless of detention status, a child being
629	transported by the department to a commitment facility of the
630	department may be placed in secure detention overnight, not to
631	exceed a 24-hour period, for the specific purpose of ensuring
632	the safe delivery of the child to his or her commitment program,
633	court, appointment, transfer, or release.
634	(11)(a) When a juvenile sexual offender is placed in
635	detention, detention staff shall provide appropriate monitoring
636	and supervision to ensure the safety of other children in the
637	facility.
638	(b) When a juvenile sexual offender, pursuant to this
639	subsection, is released from detention or transferred to home
640	detention or nonsecure detention, detention staff shall
641	immediately notify the appropriate law enforcement agency and
642	school personnel.
643	(12) The child may appear by telephone or video
644	teleconference at any court hearing required by this section.
645	Section 8. Section 985.231, Florida Statutes, is amended,
646	to read:
647	985.231 Powers of disposition in delinquency cases.--
648	(1)(a) The court that has jurisdiction of an adjudicated
649	delinquent child may, by an order stating the facts upon which a
650	determination of a sanction and rehabilitative program was made
651	at the disposition hearing:
652	1. Place the child in a probation program or a
653	postcommitment probation program under the supervision of an
654	authorized agent of the Department of Juvenile Justice or of any
655	other person or agency specifically authorized and appointed by
656	the court, whether in the child's own home, in the home of a
657	relative of the child, or in some other suitable place under
658	such reasonable conditions as the court may direct. A probation
659	program for an adjudicated delinquent child must include a
660	penalty component such as restitution in money or in kind,
661	community service, a curfew, revocation or suspension of the
662	driver's license of the child, or other nonresidential
663	punishment appropriate to the offense and must also include a
664	rehabilitative program component such as a requirement of
665	participation in substance abuse treatment or in school or other
666	educational program. If the child is attending or is eligible to
667	attend public school and the court finds that the victim or a
668	sibling of the victim in the case is attending or may attend the
669	same school as the child, the court placement order shall
670	include a finding pursuant to the proceedings described in s.
671	985.23(1)(d). Upon the recommendation of the department at the
672	time of disposition, or subsequent to disposition pursuant to
673	the filing of a petition alleging a violation of the child's
674	conditions of postcommitment probation, the court may order the
675	child to submit to random testing for the purpose of detecting
676	and monitoring the use of alcohol or controlled substances.
677	a. A restrictiveness level classification scale for levels
678	of supervision shall be provided by the department, taking into
679	account the child's needs and risks relative to probation
680	supervision requirements to reasonably ensure the public safety.
681	Probation programs for children shall be supervised by the
682	department or by any other person or agency specifically
683	authorized by the court. These programs must include, but are
684	not limited to, structured or restricted activities as described
685	in this subparagraph, and shall be designed to encourage the
686	child toward acceptable and functional social behavior. If
687	supervision or a program of community service is ordered by the
688	court, the duration of such supervision or program must be
689	consistent with any treatment and rehabilitation needs
690	identified for the child and may not exceed the term for which
691	sentence could be imposed if the child were committed for the
692	offense, except that the duration of such supervision or program
693	for an offense that is a misdemeanor of the second degree, or is
694	equivalent to a misdemeanor of the second degree, may be for a
695	period not to exceed 6 months. When restitution is ordered by
696	the court, the amount of restitution may not exceed an amount
697	the child and the parent or guardian could reasonably be
698	expected to pay or make. A child who participates in any work
699	program under this part is considered an employee of the state
700	for purposes of liability, unless otherwise provided by law.
701	b. The court may conduct judicial review hearings for a
702	child placed on probation for the purpose of fostering
703	accountability to the judge and compliance with other
704	requirements, such as restitution and community service. The
705	court may allow early termination of probation for a child who
706	has substantially complied with the terms and conditions of
707	probation.
708	c. If the conditions of the probation program or the
709	postcommitment probation program are violated, the department or
710	the state attorney may bring the child before the court on an
711	affidavit a petition alleging a violation of the program. The
712	state attorney shall represent the state in any hearing on the
713	violation.Any child who violates the conditions of probation or
714	postcommitment probation must be brought before the court if
715	sanctions are sought. A child taken into custody under s.
716	985.207 for violating the conditions of probation or
717	postcommitment probation shall be held in a consequence unit if
718	such a unit is available. The child shall be afforded a hearing
719	within 24 hours after being taken into custody to determine the
720	existence of probable cause that the child violated the
721	conditions of probation or postcommitment probation. A
722	consequence unit is a secure facility specifically designated by
723	the department for children who are taken into custody under s.
724	985.207 for violating probation or postcommitment probation, or
725	who have been found by the court to have violated the conditions
726	of probation or postcommitment probation. If the violation
727	involves a new charge of delinquency, the child may be detained
728	under s. 985.215 in a facility other than a consequence unit. If
729	the child is not eligible for detention for the new charge of
730	delinquency, the child may be held in the consequence unit
731	pending a hearing and is subject to the time limitations
732	specified in s. 985.215. If the child denies violating the
733	conditions of probation or postcommitment probation, the court
734	shall appoint counsel to represent the child at the child's
735	request. Upon the child's admission, or if the court finds after
736	a hearing that the child has violated the conditions of
737	probation or postcommitment probation, the court shall enter an
738	order revoking, modifying, or continuing probation or
739	postcommitment probation. In each such case, the court shall
740	enter a new disposition order and, in addition to the sanctions
741	set forth in this paragraph, may impose any sanction the court
742	could have imposed at the original disposition hearing. If the
743	child is found to have violated the conditions of probation or
744	postcommitment probation, the court may:
745	(I) Place the child in a consequence unit in that judicial
746	circuit, if available, for up to 5 days for a first violation,
747	and up to 15 days for a second or subsequent violation.
748	(II) Place the child on home detention with electronic
749	monitoring. However, this sanction may be used only if a
750	residential consequence unit is not available.
751	(III) Modify or continue the child's probation program or
752	postcommitment probation program.
753	(IV) Revoke probation or postcommitment probation and
754	commit the child to the department.
755	d. Notwithstanding s. 743.07 and paragraph (d), and except
756	as provided in s. 985.31, the term of any order placing a child
757	in a probation program must be until the child's 19th birthday
758	unless he or she is released by the court, on the motion of an
759	interested party or on its own motion.
760	2. Commit the child to a licensed child-caring agency
761	willing to receive the child, but the court may not commit the
762	child to a jail or to a facility used primarily as a detention
763	center or facility or shelter.
764	3. Commit the child to the Department of Juvenile Justice
765	at a residential commitment level defined in s. 985.03. Such
766	commitment must be for the purpose of exercising active control
767	over the child, including, but not limited to, custody, care,
768	training, urine monitoring, and treatment of the child and
769	release of the child into the community in a postcommitment
770	nonresidential conditional release program. If the child is
771	eligible to attend public school following residential
772	commitment and the court finds that the victim or a sibling of
773	the victim in the case is or may be attending the same school as
774	the child, the commitment order shall include a finding pursuant
775	to the proceedings described in s. 985.23(1)(d). If the child is
776	not successful in the conditional release program, the
777	department may use the transfer procedure under s. 985.404.
778	Notwithstanding s. 743.07 and paragraph (d), and except as
779	provided in s. 985.31, the term of the commitment must be until
780	the child is discharged by the department or until he or she
781	reaches the age of 19, except as provided in s. 985.201 21.
782	4. Revoke or suspend the driver's license of the child.
783	5. Require the child and, if the court finds it
784	appropriate, the child's parent or guardian together with the
785	child, to render community service in a public service program.
786	6. As part of the probation program to be implemented by
787	the Department of Juvenile Justice, or, in the case of a
788	committed child, as part of the community-based sanctions
789	ordered by the court at the disposition hearing or before the
790	child's release from commitment, order the child to make
791	restitution in money, through a promissory note cosigned by the
792	child's parent or guardian, or in kind for any damage or loss
793	caused by the child's offense in a reasonable amount or manner
794	to be determined by the court. The clerk of the circuit court
795	shall be the receiving and dispensing agent. In such case, the
796	court shall order the child or the child's parent or guardian to
797	pay to the office of the clerk of the circuit court an amount
798	not to exceed the actual cost incurred by the clerk as a result
799	of receiving and dispensing restitution payments. The clerk
800	shall notify the court if restitution is not made, and the court
801	shall take any further action that is necessary against the
802	child or the child's parent or guardian. A finding by the court,
803	after a hearing, that the parent or guardian has made diligent
804	and good faith efforts to prevent the child from engaging in
805	delinquent acts absolves the parent or guardian of liability for
806	restitution under this subparagraph.
807	7. Order the child and, if the court finds it appropriate,
808	the child's parent or guardian together with the child, to
809	participate in a community work project, either as an
810	alternative to monetary restitution or as part of the
811	rehabilitative or probation program.
812	8. Commit the child to the Department of Juvenile Justice
813	for placement in a program or facility for serious or habitual
814	juvenile offenders in accordance with s. 985.31. Any commitment
815	of a child to a program or facility for serious or habitual
816	juvenile offenders must be for an indeterminate period of time,
817	but the time may not exceed the maximum term of imprisonment
818	that an adult may serve for the same offense. The court may
819	retain jurisdiction over such child until the child reaches the
820	age of 21, specifically for the purpose of the child completing
821	the program.
822	9. In addition to the sanctions imposed on the child,
823	order the parent or guardian of the child to perform community
824	service if the court finds that the parent or guardian did not
825	make a diligent and good faith effort to prevent the child from
826	engaging in delinquent acts. The court may also order the parent
827	or guardian to make restitution in money or in kind for any
828	damage or loss caused by the child's offense. The court shall
829	determine a reasonable amount or manner of restitution, and
830	payment shall be made to the clerk of the circuit court as
831	provided in subparagraph 6.
832	10. Subject to specific appropriation, commit the juvenile
833	sexual offender to the Department of Juvenile Justice for
834	placement in a program or facility for juvenile sexual offenders
835	in accordance with s. 985.308. Any commitment of a juvenile
836	sexual offender to a program or facility for juvenile sexual
837	offenders must be for an indeterminate period of time, but the
838	time may not exceed the maximum term of imprisonment that an
839	adult may serve for the same offense. The court may retain
840	jurisdiction over a juvenile sexual offender until the juvenile
841	sexual offender reaches the age of 21, specifically for the
842	purpose of completing the program.
843	(b)1. When any child is adjudicated by the court to have
844	committed a delinquent act and temporary legal custody of the
845	child has been placed with a licensed child-caring agency or the
846	Department of Juvenile Justice, the court shall order the
847	parents of such child to pay fees to the department in the
848	amount of $5 per day that the child is under the care or
849	supervision of the department in order to partially offset the
850	cost of the care, support, maintenance, and other usual and
851	ordinary obligations of parents to provide for the needs of
852	their children while in the recommended residential commitment
853	level, unless the court makes a finding on the record that the
854	parent or guardian of the child is indigent.
855	2. No later than the disposition hearing, the department
856	shall provide the court with information concerning the actual
857	cost of care, support, and maintenance of the child in the
858	recommended residential commitment level and concerning the
859	ability of the parent or guardian of the child to pay any fees.
860	If the court makes a finding of indigency, the parent or
861	guardianship shall pay to the department a nominal subsistence
862	fee of $2 per day that the child is committed outside the home
863	or $1 per day if the child is otherwise supervised in lieu of
864	other fees related to the parents' obligation for the child's
865	cost of care. The nominal subsistence fee may only be waived or
866	reduced if the court makes a finding that such payment would
867	constitute a significant financial hardship. Such finding shall
868	be in writing and shall contain a detailed description of the
869	facts that led the court to make both the finding of indigency
870	and the finding of significant financial hardship.
871	3. In addition, the court may reduce the fees or waive the
872	fees as to each parent or guardian if the court makes a finding
873	on the record that the parent or guardian was the victim of the
874	delinquent act or violation of law for which the child is
875	subject to placement under this section and that the parent or
876	guardian has cooperated in the investigation and prosecution of
877	the offense.
878	4. All orders committing a child to a residential
879	commitment program shall include specific findings as to what
880	fees are ordered, reduced, or waived. If the court fails to
881	enter an order as required by this paragraph, it shall be
882	presumed that the court intended the parent or guardian to pay
883	fees to the department in an amount of $5 per day related to the
884	care, support, and maintenance of the child. With regard to a
885	child who reaches the age of 18 prior to the disposition
886	hearing, the court may elect to direct an order required by this
887	paragraph to such child, rather than the parent or guardian.
888	With regard to a child who reaches the age of 18 while in the
889	custody of the department, the court may, upon proper motion of
890	any party, hold a hearing as to whether any party should be
891	further obligated respecting the payment of fees. When the order
892	affects the guardianship estate, a certified copy of the order
893	shall be delivered to the judge having jurisdiction of the
894	guardianship estate.
895	5. The clerk of the circuit court shall act as a
896	depository for these fees. Upon each payment received, the clerk
897	of the circuit court shall receive a fee from the total payment
898	of 3 percent of any payment made except that no fee shall be
899	less than $1 nor more than $5 per payment made. This fee shall
900	serve as a service charge for the administration, management,
901	and maintenance of each payment. At the end of each month, the
902	clerk of the circuit court shall send all money collected under
903	this section to the state Grants and Donations Trust Fund.
904	6. The parent or guardian shall provide to the department
905	the parent or guardian's name, address, social security number,
906	state of birth, and driver's license number or identification
907	card number and sufficient financial information for the
908	department to be able to determine the parent or guardian's
909	ability to pay. If the parent or guardian refuses to provide the
910	department with any identifying information or financial
911	information, the court shall order the parent to comply and may
912	pursue contempt of court sanctions for failure to comply.
913	7. The department may employ a collection agency for the
914	purpose of receiving, collecting, and managing the payment of
915	unpaid and delinquent fees. The collection agency must be
916	registered and in good standing under chapter 559. The
917	department may pay to the collection agency a fee from the
918	amount collected under the claim or may authorize the agency to
919	deduct the fee from the amount collected. The department may
920	also pay for collection services from available authorized
921	funds.
922	8. The department may enter into agreements with parents
923	or guardians to establish a schedule of periodic payments if
924	payment of the obligation in full presents an undue hardship.
925	Any such agreement may provide for payment of interests
926	consistent with prevailing loan rates.
927	9. The Department of Juvenile Justice shall provide to the
928	payor documentation of any amounts paid by the payor to the
929	Department of Juvenile Justice on behalf of the child. All
930	payments received by the department pursuant to this subsection
931	shall be deposited in the state Grants and Donations Trust Fund.
932	10. Neither the court nor the department may extend the
933	child's length of stay in placement care solely for the purpose
934	of collecting fees.
935	(c) Any order made pursuant to paragraph (a) shall be in
936	writing as prepared by the clerk of court and may thereafter be
937	modified or set aside by the court.
938	(d) Any commitment of a delinquent child to the Department
939	of Juvenile Justice must be for an indeterminate period of time,
940	which may include periods of temporary release, but the time may
941	not exceed the maximum term of imprisonment that an adult may
942	serve for the same offense. The duration of the child's
943	placement in a residential commitment program of any level shall
944	be based on objective performance-based treatment planning. The
945	child's treatment plan progress and adjustment-related issues
946	shall be reported to the court quarterly, unless the court
947	requests more frequent reports each month. The child's length of
948	stay in a residential commitment program may be extended if the
949	child fails to comply with or participate in treatment
950	activities. The child's length of stay in such program shall not
951	be extended for purposes of sanction or punishment. Any
952	temporary release from such program must be approved by the
953	court. Any child so committed may be discharged from
954	institutional confinement or a program upon the direction of the
955	department with the concurrence of the court. The child's
956	treatment plan progress and adjustment-related issues must be
957	communicated to the court at the time the department requests
958	the court to consider releasing the child from the residential
959	commitment program. Notwithstanding s. 743.07 and this
960	subsection, and except as provided in ss. 985.201 and 985.31, a
961	child may not be held under a commitment from a court pursuant
962	to this section after becoming 21 years of age. The department
963	shall give the court that committed the child to the department
964	reasonable notice, in writing, of its desire to discharge the
965	child from a commitment facility. The court that committed the
966	child may thereafter accept or reject the request. If the court
967	does not respond within 10 days after receipt of the notice, the
968	request of the department shall be deemed granted. This section
969	does not limit the department's authority to revoke a child's
970	temporary release status and return the child to a commitment
971	facility for any violation of the terms and conditions of the
972	temporary release.
973	(e) In carrying out the provisions of this part, the court
974	may order the natural parents or legal custodian or guardian of
975	a child who is found to have committed a delinquent act to
976	participate in family counseling and other professional
977	counseling activities deemed necessary for the rehabilitation of
978	the child or to enhance their ability to provide the child with
979	adequate support, guidance, and supervision. The court may also
980	order that the parent, custodian, or guardian support the child
981	and participate with the child in fulfilling a court-imposed
982	sanction. In addition, the court may use its contempt powers to
983	enforce a court-imposed sanction.
984	(f) The court may at any time enter an order ending its
985	jurisdiction over any child.
986	(g) Whenever a child is required by the court to
987	participate in any work program under this part or whenever a
988	child volunteers to work in a specified state, county,
989	municipal, or community service organization supervised work
990	program or to work for the victim, either as an alternative to
991	monetary restitution or as a part of the rehabilitative or
992	probation program, the child is an employee of the state for the
993	purposes of liability. In determining the child's average weekly
994	wage unless otherwise determined by a specific funding program,
995	all remuneration received from the employer is a gratuity, and
996	the child is not entitled to any benefits otherwise payable
997	under s. 440.15, regardless of whether the child may be
998	receiving wages and remuneration from other employment with
999	another employer and regardless of the child's future wage-
1000	earning capacity.
1001	(h) The court may, upon motion of the child or upon its
1002	own motion, within 60 days after imposition of a disposition of
1003	commitment, suspend the further execution of the disposition and
1004	place the child in a probation program upon such terms and
1005	conditions as the court may require. The department shall
1006	forward to the court all relevant material on the child's
1007	progress while in custody not later than 3 working days prior to
1008	the hearing on the motion to suspend the disposition.
1009	(i) The nonconsent of the child to commitment or treatment
1010	in a substance abuse treatment program in no way precludes the
1011	court from ordering such commitment or treatment.
1012	(j) If the offense committed by the child was grand theft
1013	of a motor vehicle, the court:
1014	1. Upon a first adjudication for a grand theft of a motor
1015	vehicle, may place the youth in a boot camp, unless the child is
1016	ineligible pursuant to s. 985.309, and shall order the youth to
1017	complete a minimum of 50 hours of community service.
1018	2. Upon a second adjudication for grand theft of a motor
1019	vehicle which is separate and unrelated to the previous
1020	adjudication, may place the youth in a boot camp, unless the
1021	child is ineligible pursuant to s. 985.309, and shall order the
1022	youth to complete a minimum of 100 hours of community service.
1023	3. Upon a third adjudication for grand theft of a motor
1024	vehicle which is separate and unrelated to the previous
1025	adjudications, shall place the youth in a boot camp or other
1026	treatment program, unless the child is ineligible pursuant to s.
1027	985.309, and shall order the youth to complete a minimum of 250
1028	hours of community service.
1029	(2) Following a delinquency adjudicatory hearing pursuant
1030	to s. 985.228 and a delinquency disposition hearing pursuant to
1031	s. 985.23 which results in a commitment determination, the court
1032	shall, on its own or upon request by the state or the
1033	department, determine whether the protection of the public
1034	requires that the child be placed in a program for serious or
1035	habitual juvenile offenders and whether the particular needs of
1036	the child would be best served by a program for serious or
1037	habitual juvenile offenders as provided in s. 985.31. The
1038	determination shall be made pursuant to ss. 985.03(48) and
1039	985.23(3).
1040	(3) Following a delinquency adjudicatory hearing pursuant
1041	to s. 985.228, the court may on its own or upon request by the
1042	state or the department and subject to specific appropriation,
1043	determine whether a juvenile sexual offender placement is
1044	required for the protection of the public and what would be the
1045	best approach to address the treatment needs of the juvenile
1046	sexual offender. When the court determines that a juvenile has
1047	no history of a recent comprehensive assessment focused on
1048	sexually deviant behavior, the court may, subject to specific
1049	appropriation, order the department to conduct or arrange for an
1050	examination to determine whether the juvenile sexual offender is
1051	amenable to community-based treatment.
1052	(a) The report of the examination shall include, at a
1053	minimum, the following:
1054	1. The juvenile sexual offender's account of the incident
1055	and the official report of the investigation.
1056	2. The juvenile sexual offender's offense history.
1057	3. A multidisciplinary assessment of the sexually deviant
1058	behaviors, including an assessment by a certified psychologist,
1059	therapist, or psychiatrist.
1060	4. An assessment of the juvenile sexual offender's family,
1061	social, educational, and employment situation. The report shall
1062	set forth the sources of the evaluator's information.
1063	(b) The report shall assess the juvenile sexual offender's
1064	amenability to treatment and relative risk to the victim and the
1065	community.
1066	(c) The department shall provide a proposed plan to the
1067	court that shall include, at a minimum:
1068	1. The frequency and type of contact between the offender
1069	and therapist.
1070	2. The specific issues and behaviors to be addressed in
1071	the treatment and description of planned treatment methods.
1072	3. Monitoring plans, including any requirements regarding
1073	living conditions, school attendance and participation,
1074	lifestyle, and monitoring by family members, legal guardians, or
1075	others.
1076	4. Anticipated length of treatment.
1077	5. Recommended crime-related prohibitions and curfew.
1078	6. Reasonable restrictions on the contact between the
1079	juvenile sexual offender and either the victim or alleged
1080	victim.
1081	(d) After receipt of the report on the proposed plan of
1082	treatment, the court shall consider whether the community and
1083	the offender will benefit from use of juvenile sexual offender
1084	community-based treatment alternative disposition and consider
1085	the opinion of the victim or the victim's family as to whether
1086	the offender should receive a community-based treatment
1087	alternative disposition under this subsection.
1088	(e) If the court determines that this juvenile sexual
1089	offender community-based treatment alternative is appropriate,
1090	the court may place the offender on community supervision for up
1091	to 3 years. As a condition of community treatment and
1092	supervision, the court may order the offender to:
1093	1. Undergo available outpatient juvenile sexual offender
1094	treatment for up to 3 years. A program or provider may not be
1095	used for such treatment unless it has an appropriate program
1096	designed for sexual offender treatment. The department shall not
1097	change the treatment provider without first notifying the state
1098	attorney's office.
1099	2. Remain within described geographical boundaries and
1100	notify the court or the department counselor prior to any change
1101	in the offender's address, educational program, or employment.
1102	3. Comply with all requirements of the treatment plan.
1103	(f) The juvenile sexual offender treatment provider shall
1104	submit quarterly reports on the respondent's progress in
1105	treatment to the court and the parties to the proceedings. The
1106	juvenile sexual offender reports shall reference the treatment
1107	plan and include, at a minimum, the following:
1108	1. Dates of attendance.
1109	2. The juvenile sexual offender's compliance with the
1110	requirements of treatment.
1111	3. A description of the treatment activities.
1112	4. The sexual offender's relative progress in treatment.
1113	5. The offender's family support of the treatment
1114	objectives.
1115	6. Any other material specified by the court at the time
1116	of the disposition.
1117	(g) At the disposition hearing, the court may set case
1118	review hearings as the court considers appropriate.
1119	(h) If the juvenile sexual offender violates any condition
1120	of the disposition or the court finds that the juvenile sexual
1121	offender is failing to make satisfactory progress in treatment,
1122	the court may revoke the community-based treatment alternative
1123	and order commitment to the department pursuant to subsection
1124	(1).
1125	(i) If the court determines that the juvenile sexual
1126	offender is not amenable to community-based treatment, the court
1127	shall proceed with a juvenile sexual offender disposition
1128	hearing pursuant to subsection (1).
1129	(4) The child may appear by telephone or video
1130	teleconference at any court hearing required by this section or
1131	otherwise related to treatment progress in the commitment
1132	program.
1133	Section 9. This act shall take effect July 1, 2004.