1 | A bill to be entitled |
2 | An act relating to juvenile justice; amending s. 985.03, |
3 | F.S.; redefining terms relating to juvenile justice; |
4 | defining the term "day treatment"; creating the minimum- |
5 | risk nonresidential restrictiveness level; permitting |
6 | temporary release under specified conditions of youth |
7 | committed to the high-risk residential restrictiveness |
8 | level; amending ss. 985.207 and 985.208, F.S.; conforming |
9 | changes relating to escape from a residential commitment |
10 | facility; amending s. 985.231, F.S.; conforming provisions |
11 | to changes in definitions; providing the maximum length |
12 | for a minimum-risk nonresidential commitment for a second |
13 | degree misdemeanor; providing that the Department of |
14 | Juvenile Justice or a provider report quarterly to the |
15 | court the child's treatment plan progress; amending s. |
16 | 985.2311, F.S.; providing that parents shall pay fees for |
17 | costs of supervision related to minimum-risk |
18 | nonresidential commitment; amending s. 985.316, F.S.; |
19 | providing for assessment of residentially committed youth |
20 | for conditional release services; repealing s. 985.403, |
21 | F.S., relating to the Task Force on Juvenile Sexual |
22 | Offenders and their Victims; requiring the Department of |
23 | Juvenile Justice to create a new task force on juvenile |
24 | sexual offenders and their victims; providing powers and |
25 | duties; providing membership; requiring a report; |
26 | providing for administrative support; providing for |
27 | dissolution of the task force; requiring the department to |
28 | establish a task force to study the certification of |
29 | professional staff working for a provider of juvenile |
30 | justice services; providing for membership; requiring the |
31 | task force to consider the feasibility of implementing and |
32 | operating a certification system for professional staff; |
33 | requiring the task force to consider certain specified |
34 | issues; directing the task force to recommend a process |
35 | for testing and validating the effectiveness of the |
36 | recommended staff development system; requiring the task |
37 | force to prepare a report of its deliberations and |
38 | recommendations and to submit the report by a specified |
39 | date; providing for administrative support; providing for |
40 | dissolution of the task force; amending s. 985.4135, F.S.; |
41 | providing for permissible representation on juvenile |
42 | justice county councils or circuit boards; amending ss. |
43 | 784.075, 984.05, 985.31, and 985.3141, F.S.; conforming |
44 | cross references; providing an effective date. |
45 |
|
46 | Be It Enacted by the Legislature of the State of Florida: |
47 |
|
48 | Section 1. Section 985.03, Florida Statutes, is amended to |
49 | read: |
50 | 985.03 Definitions.--As When used in this chapter, the |
51 | term: |
52 | (1) "Addictions receiving facility" means a substance |
53 | abuse service provider as defined in chapter 397. |
54 | (2) "Adjudicatory hearing" means a hearing for the court |
55 | to determine whether or not the facts support the allegations |
56 | stated in the petition, as is provided for under s. 985.228 in |
57 | delinquency cases. |
58 | (3) "Adult" means any natural person other than a child. |
59 | (4) "Arbitration" means a process whereby a neutral third |
60 | person or panel, called an arbitrator or an arbitration panel, |
61 | considers the facts and arguments presented by the parties and |
62 | renders a decision which may be binding or nonbinding. |
63 | (5) "Authorized agent" or "designee" of the department |
64 | means a person or agency assigned or designated by the |
65 | department of Juvenile Justice or the Department of Children and |
66 | Family Services, as appropriate, to perform duties or exercise |
67 | powers under pursuant to this chapter and includes contract |
68 | providers and their employees for purposes of providing services |
69 | to and managing cases of children in need of services and |
70 | families in need of services. |
71 | (6) "Child" or "juvenile" or "youth" means any unmarried |
72 | person under the age of 18 who has not been emancipated by order |
73 | of the court and who has been found or alleged to be dependent, |
74 | in need of services, or from a family in need of services; or |
75 | any married or unmarried person who is charged with a violation |
76 | of law occurring prior to the time that person reached the age |
77 | of 18 years. |
78 | (7) "Child eligible for an intensive residential treatment |
79 | program for offenders less than 13 years of age" means a child |
80 | who has been found to have committed a delinquent act or a |
81 | violation of law in the case currently before the court and who |
82 | meets at least one of the following criteria: |
83 | (a) The child is less than 13 years of age at the time of |
84 | the disposition for the current offense and has been adjudicated |
85 | on the current offense for: |
86 | 1. Arson; |
87 | 2. Sexual battery; |
88 | 3. Robbery; |
89 | 4. Kidnapping; |
90 | 5. Aggravated child abuse; |
91 | 6. Aggravated assault; |
92 | 7. Aggravated stalking; |
93 | 8. Murder; |
94 | 9. Manslaughter; |
95 | 10. Unlawful throwing, placing, or discharging of a |
96 | destructive device or bomb; |
97 | 11. Armed burglary; |
98 | 12. Aggravated battery; |
99 | 13. Any lewd or lascivious offense committed upon or in |
100 | the presence of a person less than 16 years of age; or |
101 | 14. Carrying, displaying, using, threatening, or |
102 | attempting to use a weapon or firearm during the commission of a |
103 | felony. |
104 | (b) The child is less than 13 years of age at the time of |
105 | the disposition, the current offense is a felony, and the child |
106 | has previously been committed at least once to a delinquency |
107 | commitment program. |
108 | (c) The child is less than 13 years of age and is |
109 | currently committed for a felony offense and transferred from a |
110 | moderate-risk or high-risk residential commitment placement. |
111 | (8) "Child in need of services" means a child for whom |
112 | there is no pending investigation into an allegation or |
113 | suspicion of abuse, neglect, or abandonment; no pending referral |
114 | alleging the child is delinquent; or no current supervision by |
115 | the department of Juvenile Justice or the Department of Children |
116 | and Family Services for an adjudication of dependency or |
117 | delinquency. The child must also, under pursuant to this |
118 | chapter, be found by the court: |
119 | (a) To have persistently run away from the child's parents |
120 | or legal custodians despite reasonable efforts of the child, the |
121 | parents or legal custodians, and appropriate agencies to remedy |
122 | the conditions contributing to the behavior. Reasonable efforts |
123 | shall include voluntary participation by the child's parents or |
124 | legal custodians and the child in family mediation, services, |
125 | and treatment offered by the department of Juvenile Justice or |
126 | the Department of Children and Family Services; |
127 | (b) To be habitually truant from school, while subject to |
128 | compulsory school attendance, despite reasonable efforts to |
129 | remedy the situation under pursuant to ss. 1003.26 and 1003.27 |
130 | and through voluntary participation by the child's parents or |
131 | legal custodians and by the child in family mediation, services, |
132 | and treatment offered by the department of Juvenile Justice or |
133 | the Department of Children and Family Services; or |
134 | (c) To have persistently disobeyed the reasonable and |
135 | lawful demands of the child's parents or legal custodians, and |
136 | to be beyond their control despite efforts by the child's |
137 | parents or legal custodians and appropriate agencies to remedy |
138 | the conditions contributing to the behavior. Reasonable efforts |
139 | may include such things as good faith participation in family or |
140 | individual counseling. |
141 | (9) "Child who has been found to have committed a |
142 | delinquent act" means a child who, under pursuant to the |
143 | provisions of this chapter, is found by a court to have |
144 | committed a violation of law or to be in direct or indirect |
145 | contempt of court, except that this definition does shall not |
146 | include an act constituting contempt of court arising out of a |
147 | dependency proceeding or a proceeding under pursuant to part III |
148 | of this chapter. |
149 | (10) "Child support" means a court-ordered obligation, |
150 | enforced under chapter 61 and ss. 409.2551-409.2597, for |
151 | monetary support for the care, maintenance, training, and |
152 | education of a child. |
153 | (11) "Circuit" means any of the 20 judicial circuits as |
154 | set forth in s. 26.021. |
155 | (12) "Comprehensive assessment" or "assessment" means the |
156 | gathering of information for the evaluation of a juvenile |
157 | offender's or a child's physical, psychological, educational, |
158 | vocational, and social condition and family environment as they |
159 | relate to the child's need for rehabilitative and treatment |
160 | services, including substance abuse treatment services, mental |
161 | health services, developmental services, literacy services, |
162 | medical services, family services, and other specialized |
163 | services, as appropriate. |
164 | (13) "Conditional release" means the care, treatment, |
165 | help, and supervision provided to a juvenile released from a |
166 | residential commitment program which is intended to promote |
167 | rehabilitation and prevent recidivism. The purpose of |
168 | conditional release is to protect the public, reduce recidivism, |
169 | increase responsible productive behavior, and provide for a |
170 | successful transition of the youth from the department to the |
171 | family. Conditional release includes, but is not limited to, |
172 | nonresidential community-based programs. |
173 | (14) "Court," unless otherwise expressly stated, means the |
174 | circuit court assigned to exercise jurisdiction under this |
175 | chapter. |
176 | (15) "Day treatment" means a nonresidential, community- |
177 | based program designed to provide therapeutic intervention to |
178 | youth who are placed on probation or conditional release or are |
179 | committed to the minimum-risk nonresidential level. A day |
180 | treatment program may provide educational and vocational |
181 | services, and shall provide case management services; |
182 | individual, group, and family counseling; training designed to |
183 | address delinquency risk factors; and monitoring of a youth's |
184 | compliance with, and facilitation of a youth's completion of, |
185 | sanctions if ordered by the court. Program types may include, |
186 | but are not limited to, career programs, marine programs, |
187 | juvenile justice alternative schools, training and |
188 | rehabilitation programs, and gender-specific programs. |
189 | (16)(15)(a) "Delinquency program" means any intake, |
190 | probation, or similar program; regional detention center or |
191 | facility; or community-based program, whether owned and operated |
192 | by or contracted by the department of Juvenile Justice, or |
193 | institution owned and operated by or contracted by the |
194 | department of Juvenile Justice, that which provides intake, |
195 | supervision, or custody and care of children who are alleged to |
196 | be or who have been found to be delinquent under pursuant to |
197 | part II. |
198 | (b) "Delinquency program staff" means supervisory and |
199 | direct care staff of a delinquency program as well as support |
200 | staff who have direct contact with children in a delinquency |
201 | program. |
202 | (c) "Delinquency prevention programs" means programs |
203 | designed for the purpose of reducing the occurrence of |
204 | delinquency, including youth and street gang activity, and |
205 | juvenile arrests. The term excludes arbitration, diversionary or |
206 | mediation programs, and community service work or other |
207 | treatment available subsequent to a child committing a |
208 | delinquent act. |
209 | (17)(16) "Department" means the Department of Juvenile |
210 | Justice. |
211 | (18)(17) "Designated facility" or "designated treatment |
212 | facility" means any facility designated by the department of |
213 | Juvenile Justice to provide treatment to juvenile offenders. |
214 | (19)(18) "Detention care" means the temporary care of a |
215 | child in secure, nonsecure, or home detention, pending a court |
216 | adjudication or disposition or execution of a court order. There |
217 | are three types of detention care, as follows: |
218 | (a) "Secure detention" means temporary custody of the |
219 | child while the child is under the physical restriction of a |
220 | detention center or facility pending adjudication, disposition, |
221 | or placement. |
222 | (b) "Nonsecure detention" means temporary custody of the |
223 | child while the child is in a residential home in the community |
224 | in a physically nonrestrictive environment under the supervision |
225 | of the department of Juvenile Justice pending adjudication, |
226 | disposition, or placement. |
227 | (c) "Home detention" means temporary custody of the child |
228 | while the child is released to the custody of the parent, |
229 | guardian, or custodian in a physically nonrestrictive |
230 | environment under the supervision of the department of Juvenile |
231 | Justice staff pending adjudication, disposition, or placement. |
232 | (20)(19) "Detention center or facility" means a facility |
233 | used pending court adjudication or disposition or execution of |
234 | court order for the temporary care of a child alleged or found |
235 | to have committed a violation of law. A detention center or |
236 | facility may provide secure or nonsecure custody. A facility |
237 | used for the commitment of adjudicated delinquents shall not be |
238 | considered a detention center or facility. |
239 | (21)(20) "Detention hearing" means a hearing for the court |
240 | to determine if a child should be placed in temporary custody, |
241 | as provided for under ss. 985.213 and 985.215 in delinquency |
242 | cases. |
243 | (22)(21) "Disposition hearing" means a hearing in which |
244 | the court determines the most appropriate dispositional services |
245 | in the least restrictive available setting provided for under s. |
246 | 985.231, in delinquency cases. |
247 | (23)(22) "Family" means a collective of persons, |
248 | consisting of a child and a parent, guardian, adult custodian, |
249 | or adult relative, in which: |
250 | (a) The persons reside in the same house or living unit; |
251 | or |
252 | (b) The parent, guardian, adult custodian, or adult |
253 | relative has a legal responsibility by blood, marriage, or court |
254 | order to support or care for the child. |
255 | (24)(23) "Family in need of services" means a family that |
256 | has a child for whom there is no pending investigation into an |
257 | allegation of abuse, neglect, or abandonment or no current |
258 | supervision by the department of Juvenile Justice or the |
259 | Department of Children and Family Services for an adjudication |
260 | of dependency or delinquency. The child must also have been |
261 | referred to a law enforcement agency or the department of |
262 | Juvenile Justice for: |
263 | (a) Running away from parents or legal custodians; |
264 | (b) Persistently disobeying reasonable and lawful demands |
265 | of parents or legal custodians, and being beyond their control; |
266 | or |
267 | (c) Habitual truancy from school. |
268 | (25)(24) "Foster care" means care provided a child in a |
269 | foster family or boarding home, group home, agency boarding |
270 | home, child care institution, or any combination thereof. |
271 | (26)(25) "Habitually truant" means that: |
272 | (a) The child has 15 unexcused absences within 90 calendar |
273 | days with or without the knowledge or justifiable consent of the |
274 | child's parent or legal guardian, is subject to compulsory |
275 | school attendance under s. 1003.21(1) and (2)(a), and is not |
276 | exempt under s. 1003.21(3), s. 1003.24, or any other exemptions |
277 | specified by law or the rules of the State Board of Education. |
278 | (b) Escalating activities to determine the cause, and to |
279 | attempt the remediation, of the child's truant behavior under |
280 | ss. 1003.26 and 1003.27 have been completed. |
281 |
|
282 | If a child who is subject to compulsory school attendance is |
283 | responsive to the interventions described in ss. 1003.26 and |
284 | 1003.27 and has completed the necessary requirements to pass the |
285 | current grade as indicated in the district pupil progression |
286 | plan, the child shall not be determined to be habitually truant |
287 | and shall be passed. If a child within the compulsory school |
288 | attendance age has 15 unexcused absences within 90 calendar days |
289 | or fails to enroll in school, the state attorney may file a |
290 | child-in-need-of-services petition. Before Prior to filing a |
291 | petition, the child must be referred to the appropriate agency |
292 | for evaluation. After consulting with the evaluating agency, the |
293 | state attorney may elect to file a child-in-need-of-services |
294 | petition. |
295 | (c) A school representative, designated according to |
296 | school board policy, and a juvenile probation officer of the |
297 | department of Juvenile Justice have jointly investigated the |
298 | truancy problem or, if that was not feasible, have performed |
299 | separate investigations to identify conditions that could be |
300 | contributing to the truant behavior; and if, after a joint |
301 | staffing of the case to determine the necessity for services, |
302 | such services were determined to be needed, the persons who |
303 | performed the investigations met jointly with the family and |
304 | child to discuss any referral to appropriate community agencies |
305 | for economic services, family or individual counseling, or other |
306 | services required to remedy the conditions that are contributing |
307 | to the truant behavior. |
308 | (d) The failure or refusal of the parent or legal guardian |
309 | or the child to participate, or make a good faith effort to |
310 | participate, in the activities prescribed to remedy the truant |
311 | behavior, or the failure or refusal of the child to return to |
312 | school after participation in activities required by this |
313 | subsection, or the failure of the child to stop the truant |
314 | behavior after the school administration and the department of |
315 | Juvenile Justice have worked with the child as described in s. |
316 | 1003.27(3) shall be handled as prescribed in s. 1003.27. |
317 | (27)(26) "Halfway house" means a community-based |
318 | residential program for 10 or more committed delinquents at the |
319 | moderate-risk commitment level which is operated or contracted |
320 | by the department of Juvenile Justice. |
321 | (28)(27) "Intake" means the initial acceptance and |
322 | screening by the department of Juvenile Justice of a complaint |
323 | or a law enforcement report or probable cause affidavit of |
324 | delinquency, family in need of services, or child in need of |
325 | services to determine the recommendation to be taken in the best |
326 | interests of the child, the family, and the community. The |
327 | emphasis of intake is on diversion and the least restrictive |
328 | available services. Consequently, intake includes such |
329 | alternatives as: |
330 | (a) The disposition of the complaint, report, or probable |
331 | cause affidavit without court or public agency action or |
332 | judicial handling when appropriate. |
333 | (b) The referral of the child to another public or private |
334 | agency when appropriate. |
335 | (c) The recommendation by the juvenile probation officer |
336 | of judicial handling when appropriate and warranted. |
337 | (29)(28) "Judge" means the circuit judge exercising |
338 | jurisdiction pursuant to this chapter. |
339 | (30)(29) "Juvenile justice continuum" includes, but is not |
340 | limited to, delinquency prevention programs and services |
341 | designed for the purpose of preventing or reducing delinquent |
342 | acts, including criminal activity by youth gangs, and juvenile |
343 | arrests, as well as programs and services targeted at children |
344 | who have committed delinquent acts, and children who have |
345 | previously been committed to residential treatment programs for |
346 | delinquents. The term includes children-in-need-of-services and |
347 | families-in-need-of-services programs; conditional release; |
348 | substance abuse and mental health programs; educational and |
349 | career programs; recreational programs; community services |
350 | programs; community service work programs; and alternative |
351 | dispute resolution programs serving children at risk of |
352 | delinquency and their families, whether offered or delivered by |
353 | state or local governmental entities, public or private for- |
354 | profit or not-for-profit organizations, or religious or |
355 | charitable organizations. |
356 | (31)(30) "Juvenile probation officer" means the authorized |
357 | agent of the department of Juvenile Justice who performs the |
358 | intake, case management, or supervision functions. |
359 | (32)(31) "Juvenile sexual offender" means: |
360 | (a) A juvenile who has been found by the court under |
361 | pursuant to s. 985.228 to have committed a violation of chapter |
362 | 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133; |
363 | (b) A juvenile found to have committed any felony |
364 | violation of law or delinquent act involving juvenile sexual |
365 | abuse. "Juvenile sexual abuse" means any sexual behavior that |
366 | which occurs without consent, without equality, or as a result |
367 | of coercion. For purposes of this subsection, the following |
368 | definitions apply: |
369 | 1. "Coercion" means the exploitation of authority, use of |
370 | bribes, threats of force, or intimidation to gain cooperation or |
371 | compliance. |
372 | 2. "Equality" means two participants operating with the |
373 | same level of power in a relationship, neither being controlled |
374 | nor coerced by the other. |
375 | 3. "Consent" means an agreement including all of the |
376 | following: |
377 | a. Understanding what is proposed based on age, maturity, |
378 | developmental level, functioning, and experience. |
379 | b. Knowledge of societal standards for what is being |
380 | proposed. |
381 | c. Awareness of potential consequences and alternatives. |
382 | d. Assumption that agreement or disagreement will be |
383 | accepted equally. |
384 | e. Voluntary decision. |
385 | f. Mental competence. |
386 |
|
387 | Juvenile sexual offender behavior ranges from noncontact sexual |
388 | behavior such as making obscene phone calls, exhibitionism, |
389 | voyeurism, and the showing or taking of lewd photographs to |
390 | varying degrees of direct sexual contact, such as frottage, |
391 | fondling, digital penetration, rape, fellatio, sodomy, and |
392 | various other sexually aggressive acts. |
393 | (33)(32) "Legal custody or guardian" means a legal status |
394 | created by court order or letter of guardianship which vests in |
395 | a custodian of the person or guardian, whether an agency or an |
396 | individual, the right to have physical custody of the child and |
397 | the right and duty to protect, train, and discipline the child |
398 | and to provide him or her with food, shelter, education, and |
399 | ordinary medical, dental, psychiatric, and psychological care. |
400 | (34)(33) "Licensed child-caring agency" means a person, |
401 | society, association, or agency licensed by the Department of |
402 | Children and Family Services to care for, receive, and board |
403 | children. |
404 | (35)(34) "Licensed health care professional" means a |
405 | physician licensed under chapter 458, an osteopathic physician |
406 | licensed under chapter 459, a nurse licensed under part I of |
407 | chapter 464, a physician assistant licensed under chapter 458 or |
408 | chapter 459, or a dentist licensed under chapter 466. |
409 | (36)(35) "Likely to injure oneself" means that, as |
410 | evidenced by violent or other actively self-destructive |
411 | behavior, it is more likely than not that within a 24-hour |
412 | period the child will attempt to commit suicide or inflict |
413 | serious bodily harm on himself or herself. |
414 | (37)(36) "Likely to injure others" means that it is more |
415 | likely than not that within a 24-hour period the child will |
416 | inflict serious and unjustified bodily harm on another person. |
417 | (38)(37) "Mediation" means a process whereby a neutral |
418 | third person called a mediator acts to encourage and facilitate |
419 | the resolution of a dispute between two or more parties. It is |
420 | an informal and nonadversarial process with the objective of |
421 | helping the disputing parties reach a mutually acceptable and |
422 | voluntary agreement. In mediation, decisionmaking authority |
423 | rests with the parties. The role of the mediator includes, but |
424 | is not limited to, assisting the parties in identifying issues, |
425 | fostering joint problem solving, and exploring settlement |
426 | alternatives. |
427 | (39)(38) "Necessary medical treatment" means care which is |
428 | necessary within a reasonable degree of medical certainty to |
429 | prevent the deterioration of a child's condition or to alleviate |
430 | immediate pain of a child. |
431 | (40)(39) "Next of kin" means an adult relative of a child |
432 | who is the child's brother, sister, grandparent, aunt, uncle, or |
433 | first cousin. |
434 | (41)(40) "Parent" means a woman who gives birth to a child |
435 | and a man whose consent to the adoption of the child would be |
436 | required under s. 63.062(1). If a child has been legally |
437 | adopted, the term "parent" means the adoptive mother or father |
438 | of the child. The term does not include an individual whose |
439 | parental relationship to the child has been legally terminated, |
440 | or an alleged or prospective parent, unless the parental status |
441 | falls within the terms of either s. 39.503(1) or s. 63.062(1). |
442 | (42)(41) "Preliminary screening" means the gathering of |
443 | preliminary information to be used in determining a child's need |
444 | for further evaluation or assessment or for referral for other |
445 | substance abuse services through means such as psychosocial |
446 | interviews; urine and breathalyzer screenings; and reviews of |
447 | available educational, delinquency, and dependency records of |
448 | the child. |
449 | (43)(42) "Preventive services" means social services and |
450 | other supportive and rehabilitative services provided to the |
451 | parent of the child, the legal guardian of the child, or the |
452 | custodian of the child and to the child for the purpose of |
453 | averting the removal of the child from the home or disruption of |
454 | a family that which will or could result in the placement of a |
455 | child in foster care. Social services and other supportive and |
456 | rehabilitative services shall promote the child's need for a |
457 | safe, continuous, stable living environment and shall promote |
458 | family autonomy and shall strengthen family life as the first |
459 | priority whenever possible. |
460 | (44)(43) "Probation" means the legal status of probation |
461 | created by law and court order in cases involving a child who |
462 | has been found to have committed a delinquent act. Probation is |
463 | an individualized program in which the freedom of the child is |
464 | limited and the child is restricted to noninstitutional quarters |
465 | or restricted to the child's home in lieu of commitment to the |
466 | custody of the department of Juvenile Justice. Youth on |
467 | probation may be assessed and classified for placement in day- |
468 | treatment probation programs designed for youth who represent a |
469 | minimum risk to themselves and public safety and do not require |
470 | placement and services in a residential setting. Program types |
471 | in this more intensive and structured day-treatment probation |
472 | option include career programs, marine programs, juvenile |
473 | justice alternative schools, training and rehabilitation |
474 | programs, and gender-specific programs. |
475 | (45)(44) "Relative" means a grandparent, great- |
476 | grandparent, sibling, first cousin, aunt, uncle, great-aunt, |
477 | great-uncle, niece, or nephew, whether related by the whole or |
478 | half blood, by affinity, or by adoption. The term does not |
479 | include a stepparent. |
480 | (46)(45) "Restrictiveness Residential Commitment level" |
481 | means the level of programming and security provided by programs |
482 | that service the supervision, custody, care, and treatment needs |
483 | of committed children. Sections 985.3141 and 985.404(11) apply |
484 | to children placed in programs at any residential commitment |
485 | level. The restrictiveness levels of residential commitment are |
486 | as follows: |
487 | (a) Minimum-risk nonresidential.--Programs or program |
488 | models at this commitment level work with youth who remain in |
489 | the community and participate at least 5 days per week in a day |
490 | treatment program. Youth assessed and classified for programs at |
491 | this commitment level represent a minimum risk to themselves and |
492 | public safety and do not require placement and services in |
493 | residential settings. Youth in this level have full access to, |
494 | and reside in, the community. Youth who have been found to have |
495 | committed delinquent acts that involve firearms, delinquent acts |
496 | that are sexual offenses, or delinquent acts that would be life |
497 | felonies or first degree felonies if committed by an adult shall |
498 | not be committed to a program at this level. |
499 | (b)(a) Low-risk residential.--Programs or program models |
500 | at this commitment level are residential but may allow youth to |
501 | have unsupervised access to the community. Youth assessed and |
502 | classified for placement in programs at this commitment level |
503 | represent a low risk to themselves and public safety but do |
504 | require placement and services in residential settings. Children |
505 | who have been found to have committed delinquent acts that |
506 | involve firearms, delinquent acts that are sexual offenses, or |
507 | delinquent acts that would be life felonies or first degree |
508 | felonies if committed by an adult shall not be committed to a |
509 | program at this level. |
510 | (c)(b) Moderate-risk residential.--Programs or program |
511 | models at this commitment level are residential but may allow |
512 | youth to have supervised access to the community. Facilities are |
513 | either environmentally secure, staff secure, or are hardware- |
514 | secure with walls, fencing, or locking doors. Facilities shall |
515 | provide 24-hour awake supervision, custody, care, and treatment |
516 | of residents. Youth assessed and classified for placement in |
517 | programs at this commitment level represent a moderate risk to |
518 | public safety and require close supervision. The staff at a |
519 | facility at this commitment level may seclude a child who is a |
520 | physical threat to himself or herself or others. Mechanical |
521 | restraint may also be used when necessary. |
522 | (d)(c) High-risk residential.--Programs or program models |
523 | at this commitment level are residential and do shall not allow |
524 | youth to have access to the community except that temporary |
525 | release providing community access for up to 72 continuous hours |
526 | for a youth who has made successful progress in his or her |
527 | program may be approved by a court in order to attend a family |
528 | emergency or, during the final 120 days of his or her placement, |
529 | to visit his or her home, enroll in school or a vocational |
530 | program, complete a job interview, or participate in a community |
531 | service project. High-risk residential facilities are hardware- |
532 | secure with perimeter fencing and locking doors. Facilities |
533 | shall provide 24-hour awake supervision, custody, care, and |
534 | treatment of residents. Youth assessed and classified for this |
535 | level of placement require close supervision in a structured |
536 | residential setting. Placement in programs at this level is |
537 | prompted by a concern for public safety that outweighs placement |
538 | in programs at lower commitment levels. The staff at a facility |
539 | at this commitment level may seclude a child who is a physical |
540 | threat to himself or herself or others. Mechanical restraint may |
541 | also be used when necessary. The facility may provide for single |
542 | cell occupancy. |
543 | (e)(d) Maximum-risk residential.--Programs or program |
544 | models at this commitment level include juvenile correctional |
545 | facilities and juvenile prisons. The programs are long-term |
546 | residential and do shall not allow youth to have access to the |
547 | community. Facilities are maximum-custody hardware-secure with |
548 | perimeter security fencing and locking doors. Facilities shall |
549 | provide 24-hour awake supervision, custody, care, and treatment |
550 | of residents. The staff at a facility at this commitment level |
551 | may seclude a child who is a physical threat to himself or |
552 | herself or others. Mechanical restraint may also be used when |
553 | necessary. The facility shall provide for single cell occupancy, |
554 | except that youth may be housed together during prerelease |
555 | transition. Youth assessed and classified for this level of |
556 | placement require close supervision in a maximum security |
557 | residential setting. Placement in a program at this level is |
558 | prompted by a demonstrated need to protect the public. |
559 | (47)(46) "Respite" means a placement that is available for |
560 | the care, custody, and placement of a youth charged with |
561 | domestic violence as an alternative to secure detention or for |
562 | placement of a youth when a shelter bed for a child in need of |
563 | services or a family in need of services is unavailable. |
564 | (48)(47) "Secure detention center or facility" means a |
565 | physically restricting facility for the temporary care of |
566 | children, pending adjudication, disposition, or placement. |
567 | (49)(48) "Serious or habitual juvenile offender," for |
568 | purposes of commitment to a residential facility and for |
569 | purposes of records retention, means a child who has been found |
570 | to have committed a delinquent act or a violation of law, in the |
571 | case currently before the court, and who meets at least one of |
572 | the following criteria: |
573 | (a) The youth is at least 13 years of age at the time of |
574 | the disposition for the current offense and has been adjudicated |
575 | on the current offense for: |
576 | 1. Arson; |
577 | 2. Sexual battery; |
578 | 3. Robbery; |
579 | 4. Kidnapping; |
580 | 5. Aggravated child abuse; |
581 | 6. Aggravated assault; |
582 | 7. Aggravated stalking; |
583 | 8. Murder; |
584 | 9. Manslaughter; |
585 | 10. Unlawful throwing, placing, or discharging of a |
586 | destructive device or bomb; |
587 | 11. Armed burglary; |
588 | 12. Aggravated battery; |
589 | 13. Any lewd or lascivious offense committed upon or in |
590 | the presence of a person less than 16 years of age; or |
591 | 14. Carrying, displaying, using, threatening, or |
592 | attempting to use a weapon or firearm during the commission of a |
593 | felony. |
594 | (b) The youth is at least 13 years of age at the time of |
595 | the disposition, the current offense is a felony, and the child |
596 | has previously been committed at least two times to a |
597 | delinquency commitment program. |
598 | (c) The youth is at least 13 years of age and is currently |
599 | committed for a felony offense and transferred from a moderate- |
600 | risk or high-risk residential commitment placement. |
601 | (50)(49) "Serious or habitual juvenile offender program" |
602 | means the program established in s. 985.31. |
603 | (51)(50) "Shelter" means a place for the temporary care of |
604 | a child who is alleged to be or who has been found to be |
605 | delinquent. |
606 | (52)(51) "Shelter hearing" means a hearing provided for |
607 | under s. 984.14 in family-in-need-of-services cases or child-in- |
608 | need-of-services cases. |
609 | (53)(52) "Staff-secure shelter" means a facility in which |
610 | a child is supervised 24 hours a day by staff members who are |
611 | awake while on duty. The facility is for the temporary care and |
612 | assessment of a child who has been found to be dependent, who |
613 | has violated a court order and been found in contempt of court, |
614 | or whom the Department of Children and Family Services is unable |
615 | to properly assess or place for assistance within the continuum |
616 | of services provided for dependent children. |
617 | (54)(53) "Substance abuse" means using, without medical |
618 | reason, any psychoactive or mood-altering drug, including |
619 | alcohol, in such a manner as to induce impairment resulting in |
620 | dysfunctional social behavior. |
621 | (55)(54) "Taken into custody" means the status of a child |
622 | immediately when temporary physical control over the child is |
623 | attained by a person authorized by law, pending the child's |
624 | release, detention, placement, or other disposition as |
625 | authorized by law. |
626 | (56)(55) "Temporary legal custody" means the relationship |
627 | that a juvenile court creates between a child and an adult |
628 | relative of the child, adult nonrelative approved by the court, |
629 | or other person until a more permanent arrangement is ordered. |
630 | Temporary legal custody confers upon the custodian the right to |
631 | have temporary physical custody of the child and the right and |
632 | duty to protect, train, and discipline the child and to provide |
633 | the child with food, shelter, and education, and ordinary |
634 | medical, dental, psychiatric, and psychological care, unless |
635 | these rights and duties are otherwise enlarged or limited by the |
636 | court order establishing the temporary legal custody |
637 | relationship. |
638 | (57)(56) "Temporary release" means the terms and |
639 | conditions under which a child is temporarily released from a |
640 | residential commitment facility or allowed home visits. If the |
641 | temporary release is from a moderate-risk residential facility, |
642 | a high-risk residential facility, or a maximum-risk residential |
643 | facility, the terms and conditions of the temporary release must |
644 | be approved by the child, the court, and the facility. The term |
645 | includes periods during which the child is supervised pursuant |
646 | to a conditional release program or a period during which the |
647 | child is supervised by a juvenile probation officer or other |
648 | nonresidential staff of the department or staff employed by an |
649 | entity under contract with the department. |
650 | (58)(57) "Training school" means one of the following |
651 | facilities: the Arthur G. Dozier School or the Eckerd Youth |
652 | Development Center. |
653 | (59)(58) "Violation of law" or "delinquent act" means a |
654 | violation of any law of this state, the United States, or any |
655 | other state which is a misdemeanor or a felony or a violation of |
656 | a county or municipal ordinance which would be punishable by |
657 | incarceration if the violation were committed by an adult. |
658 | (60)(59) "Waiver hearing" means a hearing provided for |
659 | under s. 985.226(3). |
660 | Section 2. Paragraph (d) of subsection (1) of section |
661 | 985.207, Florida Statutes, is amended to read: |
662 | 985.207 Taking a child into custody.-- |
663 | (1) A child may be taken into custody under the following |
664 | circumstances: |
665 | (d) By a law enforcement officer who has probable cause to |
666 | believe that the child is in violation of the conditions of the |
667 | child's probation, home detention, postcommitment probation, or |
668 | conditional release supervision or has escaped in violation of |
669 | s. 985.3141 from commitment. |
670 |
|
671 | Nothing in this subsection shall be construed to allow the |
672 | detention of a child who does not meet the detention criteria in |
673 | s. 985.215. |
674 | Section 3. Subsection (1) of section 985.208, Florida |
675 | Statutes, is amended to read: |
676 | 985.208 Detention of escapee on authority of the |
677 | department.-- |
678 | (1) If an authorized agent of the department has |
679 | reasonable grounds to believe that any delinquent child |
680 | committed to the department has escaped from a residential |
681 | commitment facility of the department or from being lawfully |
682 | transported thereto or therefrom, the agent may take the child |
683 | into active custody and may deliver the child to the facility |
684 | or, if it is closer, to a detention center for return to the |
685 | facility. However, a child may not be held in detention longer |
686 | than 24 hours, excluding Saturdays, Sundays, and legal holidays, |
687 | unless a special order so directing is made by the judge after a |
688 | detention hearing resulting in a finding that detention is |
689 | required based on the criteria in s. 985.215(2). The order shall |
690 | state the reasons for such finding. The reasons shall be |
691 | reviewable by appeal or in habeas corpus proceedings in the |
692 | district court of appeal. |
693 | Section 4. Paragraphs (a) and (d) of subsection (1) and |
694 | subsection (2) of section 985.231, Florida Statutes, are amended |
695 | to read: |
696 | 985.231 Powers of disposition in delinquency cases.-- |
697 | (1)(a) The court that has jurisdiction of an adjudicated |
698 | delinquent child may, by an order stating the facts upon which a |
699 | determination of a sanction and rehabilitative program was made |
700 | at the disposition hearing: |
701 | 1. Place the child in a probation program or a |
702 | postcommitment probation program under the supervision of an |
703 | authorized agent of the department of Juvenile Justice or of any |
704 | other person or agency specifically authorized and appointed by |
705 | the court, whether in the child's own home, in the home of a |
706 | relative of the child, or in some other suitable place under |
707 | such reasonable conditions as the court may direct. A probation |
708 | program for an adjudicated delinquent child must include a |
709 | penalty component such as restitution in money or in kind, |
710 | community service, a curfew, revocation or suspension of the |
711 | driver's license of the child, or other nonresidential |
712 | punishment appropriate to the offense and must also include a |
713 | rehabilitative program component such as a requirement of |
714 | participation in substance abuse treatment or in school or other |
715 | educational program. If the child is attending or is eligible to |
716 | attend public school and the court finds that the victim or a |
717 | sibling of the victim in the case is attending or may attend the |
718 | same school as the child, the court placement order shall |
719 | include a finding pursuant to the proceedings described in s. |
720 | 985.23(1)(d). Upon the recommendation of the department at the |
721 | time of disposition, or subsequent to disposition pursuant to |
722 | the filing of a petition alleging a violation of the child's |
723 | conditions of postcommitment probation, the court may order the |
724 | child to submit to random testing for the purpose of detecting |
725 | and monitoring the use of alcohol or controlled substances. |
726 | a. A restrictiveness level classification scale for levels |
727 | of supervision shall be provided by the department, taking into |
728 | account the child's needs and risks relative to probation |
729 | supervision requirements to reasonably ensure the public safety. |
730 | Probation programs for children shall be supervised by the |
731 | department or by any other person or agency specifically |
732 | authorized by the court. These programs must include, but are |
733 | not limited to, structured or restricted activities as described |
734 | in this subparagraph, and shall be designed to encourage the |
735 | child toward acceptable and functional social behavior. If |
736 | supervision or a program of community service is ordered by the |
737 | court, the duration of such supervision or program must be |
738 | consistent with any treatment and rehabilitation needs |
739 | identified for the child and may not exceed the term for which |
740 | sentence could be imposed if the child were committed for the |
741 | offense, except that the duration of such supervision or program |
742 | for an offense that is a misdemeanor of the second degree, or is |
743 | equivalent to a misdemeanor of the second degree, may be for a |
744 | period not to exceed 6 months. When restitution is ordered by |
745 | the court, the amount of restitution may not exceed an amount |
746 | the child and the parent or guardian could reasonably be |
747 | expected to pay or make. A child who participates in any work |
748 | program under this part is considered an employee of the state |
749 | for purposes of liability, unless otherwise provided by law. |
750 | b. The court may conduct judicial review hearings for a |
751 | child placed on probation for the purpose of fostering |
752 | accountability to the judge and compliance with other |
753 | requirements, such as restitution and community service. The |
754 | court may allow early termination of probation for a child who |
755 | has substantially complied with the terms and conditions of |
756 | probation. |
757 | c. If the conditions of the probation program or the |
758 | postcommitment probation program are violated, the department or |
759 | the state attorney may bring the child before the court on a |
760 | petition alleging a violation of the program. Any child who |
761 | violates the conditions of probation or postcommitment probation |
762 | must be brought before the court if sanctions are sought. A |
763 | child taken into custody under s. 985.207 for violating the |
764 | conditions of probation or postcommitment probation shall be |
765 | held in a consequence unit if such a unit is available. The |
766 | child shall be afforded a hearing within 24 hours after being |
767 | taken into custody to determine the existence of probable cause |
768 | that the child violated the conditions of probation or |
769 | postcommitment probation. A consequence unit is a secure |
770 | facility specifically designated by the department for children |
771 | who are taken into custody under s. 985.207 for violating |
772 | probation or postcommitment probation, or who have been found by |
773 | the court to have violated the conditions of probation or |
774 | postcommitment probation. If the violation involves a new charge |
775 | of delinquency, the child may be detained under s. 985.215 in a |
776 | facility other than a consequence unit. If the child is not |
777 | eligible for detention for the new charge of delinquency, the |
778 | child may be held in the consequence unit pending a hearing and |
779 | is subject to the time limitations specified in s. 985.215. If |
780 | the child denies violating the conditions of probation or |
781 | postcommitment probation, the court shall appoint counsel to |
782 | represent the child at the child's request. Upon the child's |
783 | admission, or if the court finds after a hearing that the child |
784 | has violated the conditions of probation or postcommitment |
785 | probation, the court shall enter an order revoking, modifying, |
786 | or continuing probation or postcommitment probation. In each |
787 | such case, the court shall enter a new disposition order and, in |
788 | addition to the sanctions set forth in this paragraph, may |
789 | impose any sanction the court could have imposed at the original |
790 | disposition hearing. If the child is found to have violated the |
791 | conditions of probation or postcommitment probation, the court |
792 | may: |
793 | (I) Place the child in a consequence unit in that judicial |
794 | circuit, if available, for up to 5 days for a first violation, |
795 | and up to 15 days for a second or subsequent violation. |
796 | (II) Place the child on home detention with electronic |
797 | monitoring. However, this sanction may be used only if a |
798 | residential consequence unit is not available. |
799 | (III) Modify or continue the child's probation program or |
800 | postcommitment probation program. |
801 | (IV) Revoke probation or postcommitment probation and |
802 | commit the child to the department. |
803 | d. Notwithstanding s. 743.07 and paragraph (d), and except |
804 | as provided in s. 985.31, the term of any order placing a child |
805 | in a probation program must be until the child's 19th birthday |
806 | unless he or she is released by the court, on the motion of an |
807 | interested party or on its own motion. |
808 | 2. Commit the child to a licensed child-caring agency |
809 | willing to receive the child, but the court may not commit the |
810 | child to a jail or to a facility used primarily as a detention |
811 | center or facility or shelter. |
812 | 3. Commit the child to the department of Juvenile Justice |
813 | at a restrictiveness residential commitment level defined in s. |
814 | 985.03. Such commitment must be for the purpose of exercising |
815 | active control over the child, including, but not limited to, |
816 | custody, care, training, urine monitoring, and treatment of the |
817 | child and release of the child from residential commitment into |
818 | the community in a postcommitment nonresidential conditional |
819 | release program. If the child is eligible to attend public |
820 | school following residential commitment and the court finds that |
821 | the victim or a sibling of the victim in the case is or may be |
822 | attending the same school as the child, the commitment order |
823 | shall include a finding pursuant to the proceedings described in |
824 | s. 985.23(1)(d). If the child is not successful in the |
825 | conditional release program, the department may use the transfer |
826 | procedure under s. 985.404. Notwithstanding s. 743.07 and |
827 | paragraph (d), and except as provided in s. 985.31, the term of |
828 | the commitment must be until the child is discharged by the |
829 | department or until he or she reaches the age of 21. |
830 | 4. Revoke or suspend the driver's license of the child. |
831 | 5. Require the child and, if the court finds it |
832 | appropriate, the child's parent or guardian together with the |
833 | child, to render community service in a public service program. |
834 | 6. As part of the probation program to be implemented by |
835 | the department of Juvenile Justice, or, in the case of a |
836 | committed child, as part of the community-based sanctions |
837 | ordered by the court at the disposition hearing or before the |
838 | child's release from commitment, order the child to make |
839 | restitution in money, through a promissory note cosigned by the |
840 | child's parent or guardian, or in kind for any damage or loss |
841 | caused by the child's offense in a reasonable amount or manner |
842 | to be determined by the court. The clerk of the circuit court |
843 | shall be the receiving and dispensing agent. In such case, the |
844 | court shall order the child or the child's parent or guardian to |
845 | pay to the office of the clerk of the circuit court an amount |
846 | not to exceed the actual cost incurred by the clerk as a result |
847 | of receiving and dispensing restitution payments. The clerk |
848 | shall notify the court if restitution is not made, and the court |
849 | shall take any further action that is necessary against the |
850 | child or the child's parent or guardian. A finding by the court, |
851 | after a hearing, that the parent or guardian has made diligent |
852 | and good faith efforts to prevent the child from engaging in |
853 | delinquent acts absolves the parent or guardian of liability for |
854 | restitution under this subparagraph. |
855 | 7. Order the child and, if the court finds it appropriate, |
856 | the child's parent or guardian together with the child, to |
857 | participate in a community work project, either as an |
858 | alternative to monetary restitution or as part of the |
859 | rehabilitative or probation program. |
860 | 8. Commit the child to the department of Juvenile Justice |
861 | for placement in a program or facility for serious or habitual |
862 | juvenile offenders in accordance with s. 985.31. Any commitment |
863 | of a child to a program or facility for serious or habitual |
864 | juvenile offenders must be for an indeterminate period of time, |
865 | but the time may not exceed the maximum term of imprisonment |
866 | that an adult may serve for the same offense. The court may |
867 | retain jurisdiction over such child until the child reaches the |
868 | age of 21, specifically for the purpose of the child completing |
869 | the program. |
870 | 9. In addition to the sanctions imposed on the child, |
871 | order the parent or guardian of the child to perform community |
872 | service if the court finds that the parent or guardian did not |
873 | make a diligent and good faith effort to prevent the child from |
874 | engaging in delinquent acts. The court may also order the parent |
875 | or guardian to make restitution in money or in kind for any |
876 | damage or loss caused by the child's offense. The court shall |
877 | determine a reasonable amount or manner of restitution, and |
878 | payment shall be made to the clerk of the circuit court as |
879 | provided in subparagraph 6. |
880 | 10. Subject to specific appropriation, commit the juvenile |
881 | sexual offender to the department of Juvenile Justice for |
882 | placement in a program or facility for juvenile sexual offenders |
883 | in accordance with s. 985.308. Any commitment of a juvenile |
884 | sexual offender to a program or facility for juvenile sexual |
885 | offenders must be for an indeterminate period of time, but the |
886 | time may not exceed the maximum term of imprisonment that an |
887 | adult may serve for the same offense. The court may retain |
888 | jurisdiction over a juvenile sexual offender until the juvenile |
889 | sexual offender reaches the age of 21, specifically for the |
890 | purpose of completing the program. |
891 | (d) Any commitment of a delinquent child to the department |
892 | of Juvenile Justice must be for an indeterminate period of time, |
893 | which may include periods of temporary release; however, but the |
894 | period of time may not exceed the maximum term of imprisonment |
895 | that an adult may serve for the same offense, except that the |
896 | duration of a minimum-risk nonresidential commitment for an |
897 | offense that is a misdemeanor of the second degree, or is |
898 | equivalent to a misdemeanor of the second degree, may be for a |
899 | period not to exceed 6 months. The duration of the child's |
900 | placement in a residential commitment program of any |
901 | restrictiveness level shall be based on objective performance- |
902 | based treatment planning. The child's treatment plan progress |
903 | and adjustment-related issues shall be reported to the court |
904 | quarterly, unless the court requests monthly reports each month. |
905 | The child's length of stay in a residential commitment program |
906 | may be extended if the child fails to comply with or participate |
907 | in treatment activities. The child's length of stay in such |
908 | program shall not be extended for purposes of sanction or |
909 | punishment. Any temporary release from the such program must be |
910 | approved by the court. Any child so committed may be discharged |
911 | from institutional confinement or a program upon the direction |
912 | of the department with the concurrence of the court. The child's |
913 | treatment plan progress and adjustment-related issues must be |
914 | communicated to the court at the time the department requests |
915 | the court to consider releasing the child from the residential |
916 | commitment program. Notwithstanding s. 743.07 and this |
917 | subsection, and except as provided in ss. 985.201 and 985.31, a |
918 | child may not be held under a commitment from a court under |
919 | pursuant to this section after becoming 21 years of age. The |
920 | department shall give the court that committed the child to the |
921 | department reasonable notice, in writing, of its desire to |
922 | discharge the child from a commitment facility. The court that |
923 | committed the child may thereafter accept or reject the request. |
924 | If the court does not respond within 10 days after receipt of |
925 | the notice, the request of the department shall be deemed |
926 | granted. This section does not limit the department's authority |
927 | to revoke a child's temporary release status and return the |
928 | child to a commitment facility for any violation of the terms |
929 | and conditions of the temporary release. |
930 | (2) Following a delinquency adjudicatory hearing pursuant |
931 | to s. 985.228 and a delinquency disposition hearing pursuant to |
932 | s. 985.23 which results in a commitment determination, the court |
933 | shall, on its own or upon request by the state or the |
934 | department, determine whether the protection of the public |
935 | requires that the child be placed in a program for serious or |
936 | habitual juvenile offenders and whether the particular needs of |
937 | the child would be best served by a program for serious or |
938 | habitual juvenile offenders as provided in s. 985.31. The |
939 | determination shall be made pursuant to ss. 985.03(49)(48) and |
940 | 985.23(3). |
941 | Section 5. Paragraph (a) of subsection (1) of section |
942 | 985.2311, Florida Statutes, is amended to read: |
943 | 985.2311 Cost of supervision; cost of care.-- |
944 | (1) Except as provided in subsection (3) or subsection |
945 | (4): |
946 | (a) When any child is placed into home detention, |
947 | probation, or other supervision status with the department, or |
948 | is committed to the minimum-risk nonresidential restrictiveness |
949 | level of Juvenile Justice, the court shall order the parent of |
950 | such child to pay to the department a fee for the cost of the |
951 | supervision of such child in the amount of $1 per day for each |
952 | day that the child is in such supervision status. |
953 | Section 6. Subsection (3) of section 985.316, Florida |
954 | Statutes, is amended to read: |
955 | 985.316 Conditional release.-- |
956 | (3) For juveniles referred or committed to the department, |
957 | the function of the department may include, but shall not be |
958 | limited to, assessing each committed juvenile placed in a |
959 | residential commitment program to determine the need for |
960 | conditional release services upon release from the a commitment |
961 | program, supervising the juvenile when released into the |
962 | community from a residential commitment facility of the |
963 | department, providing such counseling and other services as may |
964 | be necessary for the families and assisting their preparations |
965 | for the return of the child. Subject to specific appropriation, |
966 | the department shall provide for outpatient sexual offender |
967 | counseling for any juvenile sexual offender released from a |
968 | residential commitment program as a component of conditional |
969 | release. |
970 | Section 7. Section 985.403, Florida Statutes, is repealed. |
971 | Section 8. Task Force on Juvenile Sexual Offenders and |
972 | their Victims.-- |
973 | (1) On or before August 1, 2005, the Department of |
974 | Juvenile Justice shall create a task force to review and |
975 | evaluate the state's laws that address juvenile sex offenders |
976 | and the department's practices and procedures for serving these |
977 | offenders and their victims. The task force shall make findings |
978 | that include, but are not limited to, a profile of this state's |
979 | juvenile sex offenders and of dispositions received by those |
980 | offenders, identification of statutes that address these |
981 | offenders, identification of community-based and commitment |
982 | programming available for these offenders and of such |
983 | programming's effectiveness, the appropriateness and |
984 | rehabilitative efficacy of placing these offenders in |
985 | residential commitment programs, and identification of |
986 | qualifications required for staff who serve these offenders. |
987 | Based on its findings, the task force shall make recommendations |
988 | for how the state's laws, policies, programs, and funding for |
989 | juvenile sexual offenders may be improved. |
990 | (2) The Secretary of Juvenile Justice, or his or her |
991 | designee, shall appoint up to 12 members to the task force. The |
992 | task force shall be composed of representatives who shall |
993 | include, but are not limited to: a circuit court judge with at |
994 | least 1 year's experience in the juvenile division, a state |
995 | attorney with at least 1 year's experience in the juvenile |
996 | division, a public defender with at least 1 year's experience in |
997 | the juvenile division, one representative of the Department of |
998 | Juvenile Justice, two representatives of providers of juvenile |
999 | sexual offender services, one member of the Florida Juvenile |
1000 | Justice Association, one licensed sex offender therapist, and |
1001 | one victim of a juvenile sexual offense. |
1002 | (3) The task force shall submit a written report of its |
1003 | findings and recommendations to the Governor, the President of |
1004 | the Senate, and the Speaker of the House of Representatives by |
1005 | December 1, 2005. |
1006 | (4) Administrative support for the task force shall be |
1007 | provided by the Department of Juvenile Justice. Members of the |
1008 | task force shall receive no salary and are not entitled to |
1009 | reimbursement for travel and per diem expenses. |
1010 | (5) The task force shall be dissolved upon submission of |
1011 | its report. |
1012 | Section 9. Task force to study certification for juvenile |
1013 | justice provider staff.-- |
1014 | (1) On or before August 1, 2005, the Department of |
1015 | Juvenile Justice shall create a task force to study the |
1016 | feasibility of establishing a certification process for staff |
1017 | employed by a provider under contract with the Department of |
1018 | Juvenile Justice to provide juvenile justice services to youth. |
1019 | (2) The Secretary of Juvenile Justice, or his or her |
1020 | designee, shall appoint up to twelve 12 members to the task |
1021 | force. The task force shall be composed of representatives who |
1022 | shall include, but are not limited to, the following: two |
1023 | representatives of the Department of Juvenile Justice, two |
1024 | representatives of providers of juvenile justice services, two |
1025 | members of the Florida Juvenile Justice Association, and two |
1026 | representatives of the Florida Certification Board. |
1027 | (3) The task force shall consider the feasibility of |
1028 | implementing and operating a certification system for staff who |
1029 | work in juvenile justice facilities, services, or programs. At a |
1030 | minimum, the task force shall consider, and make recommendations |
1031 | concerning, per diem levels, the occupational levels of staff |
1032 | subject to certification, the criteria that may be used to |
1033 | certify staff, the levels of certification, and a process for |
1034 | testing and validating the effectiveness of any recommended |
1035 | staff certification system. In making its recommendations, the |
1036 | task force shall make findings regarding the benefits of a staff |
1037 | certification system for the state's juvenile justice |
1038 | programming and the cost to implement such a system. |
1039 | (4) The task force shall submit a written report of its |
1040 | findings and recommendations to the Governor, the President of |
1041 | the Senate, and the Speaker of the House of Representatives by |
1042 | January 1, 2006. |
1043 | (5) Administrative support for the task force shall be |
1044 | provided by the Department of Juvenile Justice. Members of the |
1045 | task force shall receive no salary and are not entitled to |
1046 | reimbursement for travel and per diem expenses. |
1047 | (6) The task force shall be dissolved upon submission of |
1048 | its report. |
1049 | Section 10. Subsection (10) of section 985.4135, Florida |
1050 | Statutes, is amended to read: |
1051 | 985.4135 Juvenile justice circuit boards and juvenile |
1052 | justice county councils.-- |
1053 | (10) Membership of the juvenile justice county councils, |
1054 | or juvenile justice circuit boards established under subsection |
1055 | (9), may must include representatives from the following |
1056 | entities: |
1057 | (a) Representatives from the school district, which may |
1058 | include elected school board officials, the school |
1059 | superintendent, school or district administrators, teachers, and |
1060 | counselors. |
1061 | (b) Representatives of the board of county commissioners. |
1062 | (c) Representatives of the governing bodies of local |
1063 | municipalities within the county. |
1064 | (d) A representative of the corresponding circuit or |
1065 | regional entity of the Department of Children and Family |
1066 | Services. |
1067 | (e) Representatives of local law enforcement agencies, |
1068 | including the sheriff or the sheriff's designee. |
1069 | (f) Representatives of the judicial system. |
1070 | (g) Representatives of the business community. |
1071 | (h) Representatives of other interested officials, groups, |
1072 | or entities, including, but not limited to, a children's |
1073 | services council, public or private providers of juvenile |
1074 | justice programs and services, students, parents, and advocates. |
1075 | Private providers of juvenile justice programs may not exceed |
1076 | one-third of the voting membership. |
1077 | (i) Representatives of the faith community. |
1078 | (j) Representatives of victim-service programs and victims |
1079 | of crimes. |
1080 | (k) Representatives of the Department of Corrections. |
1081 | Section 11. Section 784.075, Florida Statutes, is amended |
1082 | to read: |
1083 | 784.075 Battery on detention or commitment facility staff |
1084 | or a juvenile probation officer.--A person who commits a battery |
1085 | on a juvenile probation officer, as defined in s. 984.03 or s. |
1086 | 985.03, on other staff of a detention center or facility as |
1087 | defined in s. 984.03(19) or s. 985.03(20)(19), or on a staff |
1088 | member of a commitment facility as defined in s. 985.03(46)(45), |
1089 | commits a felony of the third degree, punishable as provided in |
1090 | s. 775.082, s. 775.083, or s. 775.084. For purposes of this |
1091 | section, a staff member of the facilities listed includes |
1092 | persons employed by the Department of Juvenile Justice, persons |
1093 | employed at facilities licensed by the Department of Juvenile |
1094 | Justice, and persons employed at facilities operated under a |
1095 | contract with the Department of Juvenile Justice. |
1096 | Section 12. Section 984.05, Florida Statutes, is amended |
1097 | to read: |
1098 | 984.05 Rules relating to habitual truants; adoption by |
1099 | State Board of Education and Department of Juvenile |
1100 | Justice.--The Department of Juvenile Justice and the State Board |
1101 | of Education shall work together on the development of, and |
1102 | shall adopt, rules as necessary for the implementation of ss. |
1103 | 984.03(27), 985.03(26)(25), and 1003.27. |
1104 | Section 13. Paragraph (e) of subsection (3) and paragraph |
1105 | (a) of subsection (4) of section 985.31, Florida Statutes, are |
1106 | amended to read: |
1107 | 985.31 Serious or habitual juvenile offender.-- |
1108 | (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND |
1109 | TREATMENT.-- |
1110 | (e) After a child has been adjudicated delinquent pursuant |
1111 | to s. 985.228, the court shall determine whether the child meets |
1112 | the criteria for a serious or habitual juvenile offender |
1113 | pursuant to s. 985.03(49)(48). If the court determines that the |
1114 | child does not meet such criteria, the provisions of s. |
1115 | 985.231(1) shall apply. |
1116 | (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- |
1117 | (a) Pursuant to the provisions of this section, the |
1118 | department shall implement the comprehensive assessment |
1119 | instrument for the treatment needs of serious or habitual |
1120 | juvenile offenders and for the assessment, which assessment |
1121 | shall include the criteria under s. 985.03(49)(48) and shall |
1122 | also include, but not be limited to, evaluation of the child's: |
1123 | 1. Amenability to treatment. |
1124 | 2. Proclivity toward violence. |
1125 | 3. Tendency toward gang involvement. |
1126 | 4. Substance abuse or addiction and the level thereof. |
1127 | 5. History of being a victim of child abuse or sexual |
1128 | abuse, or indication of sexual behavior dysfunction. |
1129 | 6. Number and type of previous adjudications, findings of |
1130 | guilt, and convictions. |
1131 | 7. Potential for rehabilitation. |
1132 | Section 14. Section 985.3141, Florida Statutes, is amended |
1133 | to read: |
1134 | 985.3141 Escapes from secure detention or residential |
1135 | commitment facility.--An escape from: |
1136 | (1) Any secure detention facility maintained for the |
1137 | temporary detention of children, pending adjudication, |
1138 | disposition, or placement; |
1139 | (2) Any residential commitment facility described in s. |
1140 | 985.03(46)(45), maintained for the custody, treatment, |
1141 | punishment, or rehabilitation of children found to have |
1142 | committed delinquent acts or violations of law; or |
1143 | (3) Lawful transportation to or from any such secure |
1144 | detention facility or residential commitment facility, |
1145 |
|
1146 | constitutes escape within the intent and meaning of s. 944.40 |
1147 | and is a felony of the third degree, punishable as provided in |
1148 | s. 775.082, s. 775.083, or s. 775.084. |
1149 | Section 15. This act shall take effect July 1, 2005. |