HB 1863

CS

CHAMBER ACTION

1	The Justice Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to juvenile justice; amending s. 943.0515,
7	F.S.; deleting references to the term "juvenile prison";
8	amending s. 985.03, F.S.; revising definitions relating to
9	juvenile justice; defining the term "day treatment";
10	creating the minimum-risk nonresidential restrictiveness
11	level; permitting temporary release of youth committed to
12	the high-risk residential restrictiveness level under
13	specified conditions; providing an additional way that
14	high-risk residential facilities may be secured; removing
15	juvenile prisons from the maximum-risk residential level;
16	providing for temporary release from residential
17	commitment facilities; amending s. 985.201, F.S.;
18	conforming to definition changes; amending s. 985.207,
19	F.S.; providing that a child may be taken into custody for
20	absconding from a nonresidential commitment facility;
21	providing for a child to be taken into custody upon
22	specified court findings; amending s. 985.208, F.S.;
23	providing that a child may be taken into custody for
24	absconding from a nonresidential commitment facility;
25	amending s. 985.213, F.S.; providing that permissible
26	detention findings include specified criteria for taking a
27	child into custody; amending s. 985.215, F.S.; providing
28	that a child may be placed in detention for absconding
29	from a nonresidential commitment facility; providing
30	procedures and time limits for detention for absconding
31	from a nonresidential commitment facility; providing
32	exceptions; providing for detention for committed
33	children; providing secure detention for children awaiting
34	minimum-risk placement who violate home or nonsecure
35	detention or electronic monitoring; providing for limited
36	secure detention for children being transported to
37	residential commitment programs; amending s. 985.228,
38	F.S.; requiring the court to include specified conditions
39	in an order of adjudication that are applicable to a youth
40	for the postadjudication and predisposition period;
41	amending s. 985.231, F.S.; conforming provisions to
42	changes in definitions; providing the maximum length for a
43	minimum-risk nonresidential commitment for a second degree
44	misdemeanor; providing that the Department of Juvenile
45	Justice or a provider report quarterly to the court the
46	child's treatment plan progress; amending s. 985.2311,
47	F.S.; providing that parents shall pay fees for costs of
48	supervision related to minimum-risk nonresidential
49	commitment; amending s. 985.313, F.S.; conforming to
50	definitions changes; amending s. 985.316, F.S.; providing
51	for assessment of residentially committed youth for
52	conditional release services; repealing s. 985.403, F.S.,
53	relating to the Task Force on Juvenile Sexual Offenders
54	and their Victims; requiring the Department of Juvenile
55	Justice to create a new task force on juvenile sexual
56	offenders and their victims; providing powers and duties;
57	providing membership; requiring a report; providing for
58	administrative support; providing for dissolution of the
59	task force; requiring the department to establish a task
60	force to study the certification of professional staff
61	working for a provider of juvenile justice services;
62	providing for membership; requiring the task force to
63	consider the feasibility of implementing and operating a
64	certification system for professional staff; requiring the
65	task force to consider certain specified issues; directing
66	the task force to recommend a process for testing and
67	validating the effectiveness of the recommended staff
68	development system; requiring the task force to prepare a
69	report of its deliberations and recommendations and to
70	submit the report by a specified date; providing for
71	administrative support; providing for dissolution of the
72	task force; amending s. 985.404, F.S.; requiring written
73	orders granting or denying specified department?requested
74	transfers for committed youth; permitting the court to
75	conduct a hearing; prohibiting specified department-
76	requested transfers prior to department receipt of a
77	written court order granting the transfer; amending s.
78	985.4135, F.S.; requiring juvenile justice county councils
79	to develop criteria for law enforcement referrals to
80	juvenile assessment centers; providing for permissible
81	representation on juvenile justice county councils or
82	circuit boards; amending ss. 784.075, 984.05, 985.31, and
83	985.3141, F.S.; conforming cross references; reenacting
84	ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k), and
85	985.311(3)(e), F.S., relating to jurisdiction, sentencing
86	alternatives, commitment of serious or habitual juvenile
87	offenders, and eligibility for an intensive residential
88	treatment program for offenders less than 13 years of age,
89	respectively, to incorporate the amendment to s. 985.231,
90	F.S., in references thereto; providing an effective date.
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1.  Subsection (1) of section 943.0515, Florida
95	Statutes, is amended to read:
96	943.0515  Retention of criminal history records of
97	minors.--
98	(1)(a)  The Criminal Justice Information Program shall
99	retain the criminal history record of a minor who is classified
100	as a serious or habitual juvenile offender or committed to a
101	juvenile correctional facility or juvenile prison under chapter
102	985 for 5 years after the date the offender reaches 21 years of
103	age, at which time the record shall be expunged unless it meets
104	the criteria of paragraph (2)(a) or paragraph (2)(b).
105	(b)  If the minor is not classified as a serious or
106	habitual juvenile offender or committed to a juvenile
107	correctional facility or juvenile prison under chapter 985, the
108	program shall retain the minor's criminal history record for 5
109	years after the date the minor reaches 19 years of age, at which
110	time the record shall be expunged unless it meets the criteria
111	of paragraph (2)(a) or paragraph (2)(b).
112	Section 2.  Section 985.03, Florida Statutes, is amended to
113	read:
114	985.03  Definitions.--As When used in this chapter, the
115	term:
116	(1)  "Addictions receiving facility" means a substance
117	abuse service provider as defined in chapter 397.
118	(2)  "Adjudicatory hearing" means a hearing for the court
119	to determine whether or not the facts support the allegations
120	stated in the petition, as is provided for under s. 985.228 in
121	delinquency cases.
122	(3)  "Adult" means any natural person other than a child.
123	(4)  "Arbitration" means a process whereby a neutral third
124	person or panel, called an arbitrator or an arbitration panel,
125	considers the facts and arguments presented by the parties and
126	renders a decision which may be binding or nonbinding.
127	(5)  "Authorized agent" or "designee" of the department
128	means a person or agency assigned or designated by the
129	department of Juvenile Justice or the Department of Children and
130	Family Services, as appropriate, to perform duties or exercise
131	powers under pursuant to this chapter and includes contract
132	providers and their employees for purposes of providing services
133	to and managing cases of children in need of services and
134	families in need of services.
135	(6)  "Child" or "juvenile" or "youth" means any unmarried
136	person under the age of 18 who has not been emancipated by order
137	of the court and who has been found or alleged to be dependent,
138	in need of services, or from a family in need of services; or
139	any married or unmarried person who is charged with a violation
140	of law occurring prior to the time that person reached the age
141	of 18 years.
142	(7)  "Child eligible for an intensive residential treatment
143	program for offenders less than 13 years of age" means a child
144	who has been found to have committed a delinquent act or a
145	violation of law in the case currently before the court and who
146	meets at least one of the following criteria:
147	(a)  The child is less than 13 years of age at the time of
148	the disposition for the current offense and has been adjudicated
149	on the current offense for:
150	1.  Arson;
151	2.  Sexual battery;
152	3.  Robbery;
153	4.  Kidnapping;
154	5.  Aggravated child abuse;
155	6.  Aggravated assault;
156	7.  Aggravated stalking;
157	8.  Murder;
158	9.  Manslaughter;
159	10.  Unlawful throwing, placing, or discharging of a
160	destructive device or bomb;
161	11.  Armed burglary;
162	12.  Aggravated battery;
163	13.  Any lewd or lascivious offense committed upon or in
164	the presence of a person less than 16 years of age; or
165	14.  Carrying, displaying, using, threatening, or
166	attempting to use a weapon or firearm during the commission of a
167	felony.
168	(b)  The child is less than 13 years of age at the time of
169	the disposition, the current offense is a felony, and the child
170	has previously been committed at least once to a delinquency
171	commitment program.
172	(c)  The child is less than 13 years of age and is
173	currently committed for a felony offense and transferred from a
174	moderate-risk or high-risk residential commitment placement.
175	(8)  "Child in need of services" means a child for whom
176	there is no pending investigation into an allegation or
177	suspicion of abuse, neglect, or abandonment; no pending referral
178	alleging the child is delinquent; or no current supervision by
179	the department of Juvenile Justice or the Department of Children
180	and Family Services for an adjudication of dependency or
181	delinquency. The child must also, under pursuant to this
182	chapter, be found by the court:
183	(a)  To have persistently run away from the child's parents
184	or legal custodians despite reasonable efforts of the child, the
185	parents or legal custodians, and appropriate agencies to remedy
186	the conditions contributing to the behavior. Reasonable efforts
187	shall include voluntary participation by the child's parents or
188	legal custodians and the child in family mediation, services,
189	and treatment offered by the department of Juvenile Justice or
190	the Department of Children and Family Services;
191	(b)  To be habitually truant from school, while subject to
192	compulsory school attendance, despite reasonable efforts to
193	remedy the situation under pursuant to ss. 1003.26 and 1003.27
194	and through voluntary participation by the child's parents or
195	legal custodians and by the child in family mediation, services,
196	and treatment offered by the department of Juvenile Justice or
197	the Department of Children and Family Services; or
198	(c)  To have persistently disobeyed the reasonable and
199	lawful demands of the child's parents or legal custodians, and
200	to be beyond their control despite efforts by the child's
201	parents or legal custodians and appropriate agencies to remedy
202	the conditions contributing to the behavior. Reasonable efforts
203	may include such things as good faith participation in family or
204	individual counseling.
205	(9)  "Child who has been found to have committed a
206	delinquent act" means a child who, under pursuant to the
207	provisions of this chapter, is found by a court to have
208	committed a violation of law or to be in direct or indirect
209	contempt of court, except that this definition shall not include
210	an act constituting contempt of court arising out of a
211	dependency proceeding or a proceeding under pursuant to part III
212	of this chapter.
213	(10)  "Child support" means a court-ordered obligation,
214	enforced under chapter 61 and ss. 409.2551-409.2597, for
215	monetary support for the care, maintenance, training, and
216	education of a child.
217	(11)  "Circuit" means any of the 20 judicial circuits as
218	set forth in s. 26.021.
219	(12)  "Comprehensive assessment" or "assessment" means the
220	gathering of information for the evaluation of a juvenile
221	offender's or a child's physical, psychological, educational,
222	vocational, and social condition and family environment as they
223	relate to the child's need for rehabilitative and treatment
224	services, including substance abuse treatment services, mental
225	health services, developmental services, literacy services,
226	medical services, family services, and other specialized
227	services, as appropriate.
228	(13)  "Conditional release" means the care, treatment,
229	help, and supervision provided to a juvenile released from a
230	residential commitment program which is intended to promote
231	rehabilitation and prevent recidivism. The purpose of
232	conditional release is to protect the public, reduce recidivism,
233	increase responsible productive behavior, and provide for a
234	successful transition of the youth from the department to the
235	family. Conditional release includes, but is not limited to,
236	nonresidential community-based programs.
237	(14)  "Court," unless otherwise expressly stated, means the
238	circuit court assigned to exercise jurisdiction under this
239	chapter.
240	(15)  "Day treatment" means a nonresidential, community-
241	based program designed to provide therapeutic intervention to
242	youth who are placed on probation or conditional release or are
243	committed to the minimum-risk nonresidential level. A day
244	treatment program may provide educational and vocational
245	services and shall provide case management services; individual,
246	group, and family counseling; training designed to address
247	delinquency risk factors; and monitoring of a youth's compliance
248	with, and facilitation of a youth's completion of, sanctions if
249	ordered by the court. Program types may include, but are not
250	limited to, career programs, marine programs, juvenile justice
251	alternative schools, training and rehabilitation programs, and
252	gender-specific programs.
253	(16)(15)(a)  "Delinquency program" means any intake,
254	probation, or similar program; regional detention center or
255	facility; or community-based program, whether owned and operated
256	by or contracted by the department of Juvenile Justice, or
257	institution owned and operated by or contracted by the
258	department of Juvenile Justice, which provides intake,
259	supervision, or custody and care of children who are alleged to
260	be or who have been found to be delinquent under pursuant to
261	part II.
262	(b)  "Delinquency program staff" means supervisory and
263	direct care staff of a delinquency program as well as support
264	staff who have direct contact with children in a delinquency
265	program.
266	(c)  "Delinquency prevention programs" means programs
267	designed for the purpose of reducing the occurrence of
268	delinquency, including youth and street gang activity, and
269	juvenile arrests. The term excludes arbitration, diversionary or
270	mediation programs, and community service work or other
271	treatment available subsequent to a child committing a
272	delinquent act.
273	(17)(16)  "Department" means the Department of Juvenile
274	Justice.
275	(18)(17)  "Designated facility" or "designated treatment
276	facility" means any facility designated by the department of
277	Juvenile Justice to provide treatment to juvenile offenders.
278	(19)(18)  "Detention care" means the temporary care of a
279	child in secure, nonsecure, or home detention, pending a court
280	adjudication or disposition or execution of a court order. There
281	are three types of detention care, as follows:
282	(a)  "Secure detention" means temporary custody of the
283	child while the child is under the physical restriction of a
284	detention center or facility pending adjudication, disposition,
285	or placement.
286	(b)  "Nonsecure detention" means temporary custody of the
287	child while the child is in a residential home in the community
288	in a physically nonrestrictive environment under the supervision
289	of the department of Juvenile Justice pending adjudication,
290	disposition, or placement.
291	(c)  "Home detention" means temporary custody of the child
292	while the child is released to the custody of the parent,
293	guardian, or custodian in a physically nonrestrictive
294	environment under the supervision of the department of Juvenile
295	Justice staff pending adjudication, disposition, or placement.
296	(20)(19)  "Detention center or facility" means a facility
297	used pending court adjudication or disposition or execution of
298	court order for the temporary care of a child alleged or found
299	to have committed a violation of law. A detention center or
300	facility may provide secure or nonsecure custody. A facility
301	used for the commitment of adjudicated delinquents shall not be
302	considered a detention center or facility.
303	(21)(20)  "Detention hearing" means a hearing for the court
304	to determine if a child should be placed in temporary custody,
305	as provided for under ss. 985.213 and 985.215 in delinquency
306	cases.
307	(22)(21)  "Disposition hearing" means a hearing in which
308	the court determines the most appropriate dispositional services
309	in the least restrictive available setting provided for under s.
310	985.231, in delinquency cases.
311	(23)(22)  "Family" means a collective of persons,
312	consisting of a child and a parent, guardian, adult custodian,
313	or adult relative, in which:
314	(a)  The persons reside in the same house or living unit;
315	or
316	(b)  The parent, guardian, adult custodian, or adult
317	relative has a legal responsibility by blood, marriage, or court
318	order to support or care for the child.
319	(24)(23)  "Family in need of services" means a family that
320	has a child for whom there is no pending investigation into an
321	allegation of abuse, neglect, or abandonment or no current
322	supervision by the department of Juvenile Justice or the
323	Department of Children and Family Services for an adjudication
324	of dependency or delinquency. The child must also have been
325	referred to a law enforcement agency or the department of
326	Juvenile Justice for:
327	(a)  Running away from parents or legal custodians;
328	(b)  Persistently disobeying reasonable and lawful demands
329	of parents or legal custodians, and being beyond their control;
330	or
331	(c)  Habitual truancy from school.
332	(25)(24)  "Foster care" means care provided a child in a
333	foster family or boarding home, group home, agency boarding
334	home, child care institution, or any combination thereof.
335	(26)(25)  "Habitually truant" means that:
336	(a)  The child has 15 unexcused absences within 90 calendar
337	days with or without the knowledge or justifiable consent of the
338	child's parent or legal guardian, is subject to compulsory
339	school attendance under s. 1003.21(1) and (2)(a), and is not
340	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
341	specified by law or the rules of the State Board of Education.
342	(b)  Escalating activities to determine the cause, and to
343	attempt the remediation, of the child's truant behavior under
344	ss. 1003.26 and 1003.27 have been completed.
345
346	If a child who is subject to compulsory school attendance is
347	responsive to the interventions described in ss. 1003.26 and
348	1003.27 and has completed the necessary requirements to pass the
349	current grade as indicated in the district pupil progression
350	plan, the child shall not be determined to be habitually truant
351	and shall be passed. If a child within the compulsory school
352	attendance age has 15 unexcused absences within 90 calendar days
353	or fails to enroll in school, the state attorney may file a
354	child-in-need-of-services petition. Before Prior to filing a
355	petition, the child must be referred to the appropriate agency
356	for evaluation. After consulting with the evaluating agency, the
357	state attorney may elect to file a child-in-need-of-services
358	petition.
359	(c)  A school representative, designated according to
360	school board policy, and a juvenile probation officer of the
361	department of Juvenile Justice have jointly investigated the
362	truancy problem or, if that was not feasible, have performed
363	separate investigations to identify conditions that could be
364	contributing to the truant behavior; and if, after a joint
365	staffing of the case to determine the necessity for services,
366	such services were determined to be needed, the persons who
367	performed the investigations met jointly with the family and
368	child to discuss any referral to appropriate community agencies
369	for economic services, family or individual counseling, or other
370	services required to remedy the conditions that are contributing
371	to the truant behavior.
372	(d)  The failure or refusal of the parent or legal guardian
373	or the child to participate, or make a good faith effort to
374	participate, in the activities prescribed to remedy the truant
375	behavior, or the failure or refusal of the child to return to
376	school after participation in activities required by this
377	subsection, or the failure of the child to stop the truant
378	behavior after the school administration and the department of
379	Juvenile Justice have worked with the child as described in s.
380	1003.27(3) shall be handled as prescribed in s. 1003.27.
381	(27)(26)  "Halfway house" means a community-based
382	residential program for 10 or more committed delinquents at the
383	moderate-risk commitment level which is operated or contracted
384	by the department of Juvenile Justice.
385	(28)(27)  "Intake" means the initial acceptance and
386	screening by the department of Juvenile Justice of a complaint
387	or a law enforcement report or probable cause affidavit of
388	delinquency, family in need of services, or child in need of
389	services to determine the recommendation to be taken in the best
390	interests of the child, the family, and the community. The
391	emphasis of intake is on diversion and the least restrictive
392	available services. Consequently, intake includes such
393	alternatives as:
394	(a)  The disposition of the complaint, report, or probable
395	cause affidavit without court or public agency action or
396	judicial handling when appropriate.
397	(b)  The referral of the child to another public or private
398	agency when appropriate.
399	(c)  The recommendation by the juvenile probation officer
400	of judicial handling when appropriate and warranted.
401	(29)(28)  "Judge" means the circuit judge exercising
402	jurisdiction pursuant to this chapter.
403	(30)(29)  "Juvenile justice continuum" includes, but is not
404	limited to, delinquency prevention programs and services
405	designed for the purpose of preventing or reducing delinquent
406	acts, including criminal activity by youth gangs, and juvenile
407	arrests, as well as programs and services targeted at children
408	who have committed delinquent acts, and children who have
409	previously been committed to residential treatment programs for
410	delinquents. The term includes children-in-need-of-services and
411	families-in-need-of-services programs; conditional release;
412	substance abuse and mental health programs; educational and
413	career programs; recreational programs; community services
414	programs; community service work programs; and alternative
415	dispute resolution programs serving children at risk of
416	delinquency and their families, whether offered or delivered by
417	state or local governmental entities, public or private for-
418	profit or not-for-profit organizations, or religious or
419	charitable organizations.
420	(31)(30)  "Juvenile probation officer" means the authorized
421	agent of the department of Juvenile Justice who performs the
422	intake, case management, or supervision functions.
423	(32)(31)  "Juvenile sexual offender" means:
424	(a)  A juvenile who has been found by the court under
425	pursuant to s. 985.228 to have committed a violation of chapter
426	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
427	(b)  A juvenile found to have committed any felony
428	violation of law or delinquent act involving juvenile sexual
429	abuse. "Juvenile sexual abuse" means any sexual behavior which
430	occurs without consent, without equality, or as a result of
431	coercion. For purposes of this subsection, the following
432	definitions apply:
433	1.  "Coercion" means the exploitation of authority, use of
434	bribes, threats of force, or intimidation to gain cooperation or
435	compliance.
436	2.  "Equality" means two participants operating with the
437	same level of power in a relationship, neither being controlled
438	nor coerced by the other.
439	3.  "Consent" means an agreement including all of the
440	following:
441	a.  Understanding what is proposed based on age, maturity,
442	developmental level, functioning, and experience.
443	b.  Knowledge of societal standards for what is being
444	proposed.
445	c.  Awareness of potential consequences and alternatives.
446	d.  Assumption that agreement or disagreement will be
447	accepted equally.
448	e.  Voluntary decision.
449	f.  Mental competence.
450
451	Juvenile sexual offender behavior ranges from noncontact sexual
452	behavior such as making obscene phone calls, exhibitionism,
453	voyeurism, and the showing or taking of lewd photographs to
454	varying degrees of direct sexual contact, such as frottage,
455	fondling, digital penetration, rape, fellatio, sodomy, and
456	various other sexually aggressive acts.
457	(33)(32)  "Legal custody or guardian" means a legal status
458	created by court order or letter of guardianship which vests in
459	a custodian of the person or guardian, whether an agency or an
460	individual, the right to have physical custody of the child and
461	the right and duty to protect, train, and discipline the child
462	and to provide him or her with food, shelter, education, and
463	ordinary medical, dental, psychiatric, and psychological care.
464	(34)(33)  "Licensed child-caring agency" means a person,
465	society, association, or agency licensed by the Department of
466	Children and Family Services to care for, receive, and board
467	children.
468	(35)(34)  "Licensed health care professional" means a
469	physician licensed under chapter 458, an osteopathic physician
470	licensed under chapter 459, a nurse licensed under part I of
471	chapter 464, a physician assistant licensed under chapter 458 or
472	chapter 459, or a dentist licensed under chapter 466.
473	(36)(35)  "Likely to injure oneself" means that, as
474	evidenced by violent or other actively self-destructive
475	behavior, it is more likely than not that within a 24-hour
476	period the child will attempt to commit suicide or inflict
477	serious bodily harm on himself or herself.
478	(37)(36)  "Likely to injure others" means that it is more
479	likely than not that within a 24-hour period the child will
480	inflict serious and unjustified bodily harm on another person.
481	(38)(37)  "Mediation" means a process whereby a neutral
482	third person called a mediator acts to encourage and facilitate
483	the resolution of a dispute between two or more parties. It is
484	an informal and nonadversarial process with the objective of
485	helping the disputing parties reach a mutually acceptable and
486	voluntary agreement. In mediation, decisionmaking authority
487	rests with the parties. The role of the mediator includes, but
488	is not limited to, assisting the parties in identifying issues,
489	fostering joint problem solving, and exploring settlement
490	alternatives.
491	(39)(38)  "Necessary medical treatment" means care which is
492	necessary within a reasonable degree of medical certainty to
493	prevent the deterioration of a child's condition or to alleviate
494	immediate pain of a child.
495	(40)(39)  "Next of kin" means an adult relative of a child
496	who is the child's brother, sister, grandparent, aunt, uncle, or
497	first cousin.
498	(41)(40)  "Parent" means a woman who gives birth to a child
499	and a man whose consent to the adoption of the child would be
500	required under s. 63.062(1). If a child has been legally
501	adopted, the term "parent" means the adoptive mother or father
502	of the child. The term does not include an individual whose
503	parental relationship to the child has been legally terminated,
504	or an alleged or prospective parent, unless the parental status
505	falls within the terms of either s. 39.503(1) or s. 63.062(1).
506	(42)(41)  "Preliminary screening" means the gathering of
507	preliminary information to be used in determining a child's need
508	for further evaluation or assessment or for referral for other
509	substance abuse services through means such as psychosocial
510	interviews; urine and breathalyzer screenings; and reviews of
511	available educational, delinquency, and dependency records of
512	the child.
513	(43)(42)  "Preventive services" means social services and
514	other supportive and rehabilitative services provided to the
515	parent of the child, the legal guardian of the child, or the
516	custodian of the child and to the child for the purpose of
517	averting the removal of the child from the home or disruption of
518	a family that which will or could result in the placement of a
519	child in foster care. Social services and other supportive and
520	rehabilitative services shall promote the child's need for a
521	safe, continuous, stable living environment and shall promote
522	family autonomy and shall strengthen family life as the first
523	priority whenever possible.
524	(44)(43)  "Probation" means the legal status of probation
525	created by law and court order in cases involving a child who
526	has been found to have committed a delinquent act. Probation is
527	an individualized program in which the freedom of the child is
528	limited and the child is restricted to noninstitutional quarters
529	or restricted to the child's home in lieu of commitment to the
530	custody of the department of Juvenile Justice. Youth on
531	probation may be assessed and classified for placement in day-
532	treatment probation programs designed for youth who represent a
533	minimum risk to themselves and public safety and do not require
534	placement and services in a residential setting. Program types
535	in this more intensive and structured day-treatment probation
536	option include career programs, marine programs, juvenile
537	justice alternative schools, training and rehabilitation
538	programs, and gender-specific programs.
539	(45)(44)  "Relative" means a grandparent, great-
540	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
541	great-uncle, niece, or nephew, whether related by the whole or
542	half blood, by affinity, or by adoption. The term does not
543	include a stepparent.
544	(46)(45)  "Restrictiveness Residential Commitment level"
545	means the level of programming and security provided by programs
546	that service the supervision, custody, care, and treatment needs
547	of committed children. Sections 985.3141 and 985.404(11) apply
548	to children placed in programs at any residential commitment
549	level. The restrictiveness levels of residential commitment are
550	as follows:
551	(a)  Minimum-risk nonresidential.--Programs or program
552	models at this commitment level work with youth who remain in
553	the community and participate at least 5 days per week in a day
554	treatment program. Youth assessed and classified for programs at
555	this commitment level represent a minimum risk to themselves and
556	public safety and do not require placement and services in
557	residential settings. Youth in this level have full access to,
558	and reside in, the community. A youth who has been found to have
559	committed delinquent acts that involve firearms, delinquent acts
560	that are sexual offenses, or delinquent acts that would be life
561	felonies or first degree felonies if committed by an adult shall
562	not be committed to a program at this level.
563	(b)(a)  Low-risk residential.--Programs or program models
564	at this commitment level are residential but may allow youth to
565	have unsupervised access to the community. Youth assessed and
566	classified for placement in programs at this commitment level
567	represent a low risk to themselves and public safety but do
568	require placement and services in residential settings. Children
569	who have been found to have committed delinquent acts that
570	involve firearms, delinquent acts that are sexual offenses, or
571	delinquent acts that would be life felonies or first degree
572	felonies if committed by an adult shall not be committed to a
573	program at this level.
574	(c)(b)  Moderate-risk residential.--Programs or program
575	models at this commitment level are residential but may allow
576	youth to have supervised access to the community. Facilities are
577	either environmentally secure, staff secure, or are hardware-
578	secure with walls, fencing, or locking doors. Facilities shall
579	provide 24-hour awake supervision, custody, care, and treatment
580	of residents. Youth assessed and classified for placement in
581	programs at this commitment level represent a moderate risk to
582	public safety and require close supervision. The staff at a
583	facility at this commitment level may seclude a child who is a
584	physical threat to himself or herself or others. Mechanical
585	restraint may also be used when necessary.
586	(d)(c)  High-risk residential.--Programs or program models
587	at this commitment level are residential and do shall not allow
588	youth to have access to the community, except that temporary
589	release providing community access for up to 72 continuous hours
590	for a youth who has made successful progress in his or her
591	program may be approved by a court in order to attend a family
592	emergency or, during the final 60 days of his or her placement,
593	to visit his or her home, enroll in school or in a vocational
594	program, complete a job interview, or participate in a community
595	service project. High-risk residential facilities are hardware-
596	secure with perimeter fencing and locking doors or are
597	environmentally secure. Facilities shall provide 24-hour awake
598	supervision, custody, care, and treatment of residents. Youth
599	assessed and classified for this level of placement require
600	close supervision in a structured residential setting. Placement
601	in programs at this level is prompted by a concern for public
602	safety that outweighs placement in programs at lower commitment
603	levels. The staff at a facility at this commitment level may
604	seclude a child who is a physical threat to himself or herself
605	or others. Mechanical restraint may also be used when necessary.
606	The facility may provide for single cell occupancy.
607	(e)(d)  Maximum-risk residential.--Programs or program
608	models at this commitment level include juvenile correctional
609	facilities and juvenile prisons. The programs are long-term
610	residential and shall not allow youth to have access to the
611	community. Facilities are maximum-custody hardware-secure with
612	perimeter security fencing and locking doors. Facilities shall
613	provide 24-hour awake supervision, custody, care, and treatment
614	of residents. The staff at a facility at this commitment level
615	may seclude a child who is a physical threat to himself or
616	herself or others. Mechanical restraint may also be used when
617	necessary. The facility shall provide for single cell occupancy,
618	except that youth may be housed together during prerelease
619	transition. Youth assessed and classified for this level of
620	placement require close supervision in a maximum security
621	residential setting. Placement in a program at this level is
622	prompted by a demonstrated need to protect the public.
623	(47)(46)  "Respite" means a placement that is available for
624	the care, custody, and placement of a youth charged with
625	domestic violence as an alternative to secure detention or for
626	placement of a youth when a shelter bed for a child in need of
627	services or a family in need of services is unavailable.
628	(48)(47)  "Secure detention center or facility" means a
629	physically restricting facility for the temporary care of
630	children, pending adjudication, disposition, or placement.
631	(49)(48)  "Serious or habitual juvenile offender," for
632	purposes of commitment to a residential facility and for
633	purposes of records retention, means a child who has been found
634	to have committed a delinquent act or a violation of law, in the
635	case currently before the court, and who meets at least one of
636	the following criteria:
637	(a)  The youth is at least 13 years of age at the time of
638	the disposition for the current offense and has been adjudicated
639	on the current offense for:
640	1.  Arson;
641	2.  Sexual battery;
642	3.  Robbery;
643	4.  Kidnapping;
644	5.  Aggravated child abuse;
645	6.  Aggravated assault;
646	7.  Aggravated stalking;
647	8.  Murder;
648	9.  Manslaughter;
649	10.  Unlawful throwing, placing, or discharging of a
650	destructive device or bomb;
651	11.  Armed burglary;
652	12.  Aggravated battery;
653	13.  Any lewd or lascivious offense committed upon or in
654	the presence of a person less than 16 years of age; or
655	14.  Carrying, displaying, using, threatening, or
656	attempting to use a weapon or firearm during the commission of a
657	felony.
658	(b)  The youth is at least 13 years of age at the time of
659	the disposition, the current offense is a felony, and the child
660	has previously been committed at least two times to a
661	delinquency commitment program.
662	(c)  The youth is at least 13 years of age and is currently
663	committed for a felony offense and transferred from a moderate-
664	risk or high-risk residential commitment placement.
665	(50)(49)  "Serious or habitual juvenile offender program"
666	means the program established in s. 985.31.
667	(51)(50)  "Shelter" means a place for the temporary care of
668	a child who is alleged to be or who has been found to be
669	delinquent.
670	(52)(51)  "Shelter hearing" means a hearing provided for
671	under s. 984.14 in family-in-need-of-services cases or child-in-
672	need-of-services cases.
673	(53)(52)  "Staff-secure shelter" means a facility in which
674	a child is supervised 24 hours a day by staff members who are
675	awake while on duty. The facility is for the temporary care and
676	assessment of a child who has been found to be dependent, who
677	has violated a court order and been found in contempt of court,
678	or whom the Department of Children and Family Services is unable
679	to properly assess or place for assistance within the continuum
680	of services provided for dependent children.
681	(54)(53)  "Substance abuse" means using, without medical
682	reason, any psychoactive or mood-altering drug, including
683	alcohol, in such a manner as to induce impairment resulting in
684	dysfunctional social behavior.
685	(55)(54)  "Taken into custody" means the status of a child
686	immediately when temporary physical control over the child is
687	attained by a person authorized by law, pending the child's
688	release, detention, placement, or other disposition as
689	authorized by law.
690	(56)(55)  "Temporary legal custody" means the relationship
691	that a juvenile court creates between a child and an adult
692	relative of the child, adult nonrelative approved by the court,
693	or other person until a more permanent arrangement is ordered.
694	Temporary legal custody confers upon the custodian the right to
695	have temporary physical custody of the child and the right and
696	duty to protect, train, and discipline the child and to provide
697	the child with food, shelter, and education, and ordinary
698	medical, dental, psychiatric, and psychological care, unless
699	these rights and duties are otherwise enlarged or limited by the
700	court order establishing the temporary legal custody
701	relationship.
702	(57)(56)  "Temporary release" means the terms and
703	conditions under which a child is temporarily released from a
704	residential commitment facility or allowed home visits. If the
705	temporary release is from a moderate-risk residential facility,
706	a high-risk residential facility, or a maximum-risk residential
707	facility, the terms and conditions of the temporary release must
708	be approved by the child, the court, and the facility. The term
709	includes periods during which the child is supervised pursuant
710	to a conditional release program or a period during which the
711	child is supervised by a juvenile probation officer or other
712	nonresidential staff of the department or staff employed by an
713	entity under contract with the department.
714	(58)(57)  "Training school" means one of the following
715	facilities: the Arthur G. Dozier School or the Eckerd Youth
716	Development Center.
717	(59)(58)  "Violation of law" or "delinquent act" means a
718	violation of any law of this state, the United States, or any
719	other state which is a misdemeanor or a felony or a violation of
720	a county or municipal ordinance which would be punishable by
721	incarceration if the violation were committed by an adult.
722	(60)(59)  "Waiver hearing" means a hearing provided for
723	under s. 985.226(3).
724	Section 3.  Paragraph (b) of subsection (4) of section
725	985.201, Florida Statutes, is amended to read:
726	985.201  Jurisdiction.--
727	(4)
728	(b)1.  The court may retain jurisdiction over a child
729	committed to the department for placement in a juvenile
730	correctional facility prison or in a high-risk or maximum-risk
731	residential commitment program to allow the child to participate
732	in a juvenile conditional release program pursuant to s.
733	985.316. In no case shall the jurisdiction of the court be
734	retained beyond the child's 22nd birthday. However, if the child
735	is not successful in the conditional release program, the
736	department may use the transfer procedure under s. 985.404.
737	2.  The court may retain jurisdiction over a child
738	committed to the department for placement in an intensive
739	residential treatment program for 10-year-old to 13-year-old
740	offenders, in the residential commitment program in a juvenile
741	correctional facility prison, in a residential sex offender
742	program, or in a program for serious or habitual juvenile
743	offenders as provided in s. 985.311 or s. 985.31 until the child
744	reaches the age of 21. If the court exercises this jurisdiction
745	retention, it shall do so solely for the purpose of the child
746	completing the intensive residential treatment program for 10-
747	year-old to 13-year-old offenders, in the residential commitment
748	program in a juvenile correctional facility prison, in a
749	residential sex offender program, or the program for serious or
750	habitual juvenile offenders. Such jurisdiction retention does
751	not apply for other programs, other purposes, or new offenses.
752	Section 4.  Paragraph (d) of subsection (1) of section
753	985.207, Florida Statutes, is amended, and paragraph (e) is
754	added to said subsection to read:
755	985.207  Taking a child into custody.--
756	(1)  A child may be taken into custody under the following
757	circumstances:
758	(d)  By a law enforcement officer who has probable cause to
759	believe that the child is in violation of the conditions of the
760	child's probation, home detention, postcommitment probation, or
761	conditional release supervision, has absconded from
762	nonresidential commitment, or has escaped from residential
763	commitment.
764	(e)  When a court finds that the child, who has been found
765	to have committed a delinquent act or a violation of law and who
766	is awaiting disposition for that delinquent act or violation of
767	law:
768	1.  Has a history of failing to appear for court
769	proceedings;
770	2.  Is presently ungovernable as evidenced by his or her
771	recent behavior;
772	3.  Presents a risk of failing to appear for future
773	proceedings or of inflicting harm upon himself, herself, or
774	others or the property of others because of his or her
775	ungovernable behavior; or
776	4.  Has violated conditions imposed by the court in his or
777	her order of adjudication of delinquency.
778
779	Nothing in this subsection shall be construed to allow the
780	detention of a child who does not meet the detention criteria in
781	s. 985.215.
782	Section 5.  Section 985.208, Florida Statutes, is amended
783	to read:
784	985.208  Detention of escapee or absconder on authority of
785	the department.--
786	(1)  If an authorized agent of the department has
787	reasonable grounds to believe that any delinquent child
788	committed to the department has escaped from a residential
789	commitment facility of the department or from being lawfully
790	transported thereto or therefrom, or has absconded from a
791	nonresidential commitment facility, the agent may take the child
792	into active custody and may deliver the child to the facility
793	or, if it is closer, to a detention center for return to the
794	facility. However, a child may not be held in detention longer
795	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
796	unless a special order so directing is made by the judge after a
797	detention hearing resulting in a finding that detention is
798	required based on the criteria in s. 985.215(2). The order shall
799	state the reasons for such finding. The reasons shall be
800	reviewable by appeal or in habeas corpus proceedings in the
801	district court of appeal.
802	(2)  Any sheriff or other law enforcement officer, upon the
803	request of the secretary of the department or duly authorized
804	agent, shall take a child who has escaped or absconded from a
805	residential commitment department facility for committed
806	delinquent children, or from being lawfully transported thereto
807	or therefrom, or has absconded from a nonresidential commitment
808	facility, into custody and deliver the child to the appropriate
809	juvenile probation officer of the department.
810	Section 6.  Paragraph (f) is added to subsection (1) of
811	section 985.213, Florida Statutes, to read:
812	985.213  Use of detention.--
813	(1)  All determinations and court orders regarding the use
814	of secure, nonsecure, or home detention shall be based primarily
815	upon findings that the child:
816	(f)  Meets the criteria for taking a child into custody
817	under s. 985.207(1)(e).
818	Section 7.  Subsection (2), paragraphs (d) and (g) of
819	subsection (5), and paragraphs (a), (b), and (f) of subsection
820	(10) of section 985.215, Florida Statutes, are amended to read:
821	985.215  Detention.--
822	(2)  Subject to the provisions of subsection (1), a child
823	taken into custody and placed into nonsecure or home detention
824	care or detained in secure detention care prior to a detention
825	hearing may continue to be detained by the court if:
826	(a)1.  The child is alleged to be an escapee from a
827	residential commitment program, or an absconder from a
828	nonresidential commitment program, a probation program, or
829	conditional release supervision, or is alleged to have escaped
830	while being lawfully transported to or from a residential
831	commitment such program or supervision.
832	2.a.  If the court finds during the detention hearing under
833	this subsection that a child has absconded from a nonresidential
834	commitment program, the court shall determine whether to place
835	the child in detention care based on the results of the risk
836	assessment by the juvenile probation officer. The risk
837	assessment instrument provided for in s. 985.213 shall take the
838	child's act of absconding from the nonresidential commitment
839	program into consideration for purposes of detention care
840	placement determinations and orders.
841	b.  If the court places a child into detention care under
842	this subparagraph, the child shall remain in detention care for
843	21 days or until the department determines under s. 985.404(4)
844	that transfer of the child is inappropriate or the court grants
845	or denies the transfer, whichever period of time is shorter.
846	(b)  The child is wanted in another jurisdiction for an
847	offense which, if committed by an adult, would be a felony.
848	(c)  The child is charged with a delinquent act or
849	violation of law and requests in writing through legal counsel
850	to be detained for protection from an imminent physical threat
851	to his or her personal safety.
852	(d)  The child is charged with committing an offense of
853	domestic violence as defined in s. 741.28 and is detained as
854	provided in s. 985.213(2)(b)3.
855	(e)  The child is charged with possession or discharging a
856	firearm on school property in violation of s. 790.115.
857	(f)  The child is charged with a capital felony, a life
858	felony, a felony of the first degree, a felony of the second
859	degree that does not involve a violation of chapter 893, or a
860	felony of the third degree that is also a crime of violence,
861	including any such offense involving the use or possession of a
862	firearm.
863	(g)  The child is charged with any second degree or third
864	degree felony involving a violation of chapter 893 or any third
865	degree felony that is not also a crime of violence, and the
866	child:
867	1.  Has a record of failure to appear at court hearings
868	after being properly notified in accordance with the Rules of
869	Juvenile Procedure;
870	2.  Has a record of law violations prior to court hearings;
871	3.  Has already been detained or has been released and is
872	awaiting final disposition of the case;
873	4.  Has a record of violent conduct resulting in physical
874	injury to others; or
875	5.  Is found to have been in possession of a firearm.
876	(h)  The child is alleged to have violated the conditions
877	of the child's probation or conditional release supervision.
878	However, a child detained under this paragraph may be held only
879	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
880	consequence unit is not available, the child shall be placed on
881	home detention with electronic monitoring.
882	(i)  The child is detained on a judicial order for failure
883	to appear and has previously willfully failed to appear, after
884	proper notice, for an adjudicatory hearing on the same case
885	regardless of the results of the risk assessment instrument. A
886	child may be held in secure detention for up to 72 hours in
887	advance of the next scheduled court hearing pursuant to this
888	paragraph. The child's failure to keep the clerk of court and
889	defense counsel informed of a current and valid mailing address
890	where the child will receive notice to appear at court
891	proceedings does not provide an adequate ground for excusal of
892	the child's nonappearance at the hearings.
893	(j)  The child is detained on a judicial order for failure
894	to appear and has previously willfully failed to appear, after
895	proper notice, at two or more court hearings of any nature on
896	the same case regardless of the results of the risk assessment
897	instrument. A child may be held in secure detention for up to 72
898	hours in advance of the next scheduled court hearing pursuant to
899	this paragraph. The child's failure to keep the clerk of court
900	and defense counsel informed of a current and valid mailing
901	address where the child will receive notice to appear at court
902	proceedings does not provide an adequate ground for excusal of
903	the child's nonappearance at the hearings.
904
905	A child who meets any of these criteria and who is ordered to be
906	detained pursuant to this subsection shall be given a hearing
907	within 24 hours after being taken into custody. The purpose of
908	the detention hearing is to determine the existence of probable
909	cause that the child has committed the delinquent act or
910	violation of law with which he or she is charged and the need
911	for continued detention, except where the child has absconded
912	from a nonresidential commitment program, in which case
913	subparagraph (a)2. applies. Unless a child is detained under
914	paragraph (d) or paragraph (e), the court shall utilize the
915	results of the risk assessment performed by the juvenile
916	probation officer and, based on the criteria in this subsection,
917	shall determine the need for continued detention. A child placed
918	into secure, nonsecure, or home detention care may continue to
919	be so detained by the court pursuant to this subsection. If the
920	court orders a placement more restrictive than indicated by the
921	results of the risk assessment instrument, the court shall
922	state, in writing, clear and convincing reasons for such
923	placement. Except as provided in s. 790.22(8) or in subparagraph
924	(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
925	(10)(d), when a child is placed into secure or nonsecure
926	detention care, or into a respite home or other placement
927	pursuant to a court order following a hearing, the court order
928	must include specific instructions that direct the release of
929	the child from such placement no later than 5 p.m. on the last
930	day of the detention period specified in paragraph (5)(b) or
931	paragraph (5)(c), or subparagraph (10)(a)1., whichever is
932	applicable, unless the requirements of such applicable provision
933	have been met or an order of continuance has been granted
934	pursuant to paragraph (5)(f).
935	(5)
936	(d)1.  Except as provided in paragraph (g), A child may not
937	be held in secure, nonsecure, or home detention care for more
938	than 15 days following the entry of an order of adjudication,
939	except as provided in paragraph (g) or when the court finds that
940	the child:.
941	a.  Has a history of failing to appear for court
942	proceedings;
943	b.  Is presently ungovernable as evidenced by his or her
944	recent behavior;
945	c.  Presents a risk of failing to appear for future
946	proceedings or of inflicting harm upon himself, herself, or
947	others or the property of others because of his or her
948	ungovernable behavior; or
949	d.  Has violated conditions imposed by the court in his or
950	her order of adjudication of delinquency.
951	2.  If the court makes a finding under subparagraph 1., the
952	court shall order the placement of the child in secure detention
953	or, at the discretion of the court and if available, on home
954	detention with electronic monitoring until the disposition order
955	is entered in the child's case.
956	(g)  Upon good cause being shown that the nature of the
957	charge requires additional time for the prosecution or defense
958	of the case, the court may extend the time limits for detention
959	specified in paragraph (c) or (d) an additional 9 days if the
960	child is charged with an offense that would be, if committed by
961	an adult, a capital felony, a life felony, a felony of the first
962	degree, or a felony of the second degree involving violence
963	against any individual.
964	(10)(a)1.  When a child is committed to the Department of
965	Juvenile Justice awaiting dispositional placement, removal of
966	the child from detention care shall occur within 5 days,
967	excluding Saturdays, Sundays, and legal holidays. Any child held
968	in secure detention during the 5 days must meet detention
969	admission criteria pursuant to this section. If the child is
970	committed to a moderate-risk residential program, the department
971	may seek an order from the court authorizing continued detention
972	for a specific period of time necessary for the appropriate
973	residential placement of the child. However, such continued
974	detention in secure detention care may not exceed 15 days after
975	commitment, excluding Saturdays, Sundays, and legal holidays,
976	and except as otherwise provided in this subsection.
977	2.  The court must place all children who are adjudicated
978	and awaiting placement in a residential commitment program in
979	detention care. Children who are in home detention care or
980	nonsecure detention care may be placed on electronic monitoring.
981	(b)  A child who is placed in home detention care,
982	nonsecure detention care, or home or nonsecure detention care
983	with electronic monitoring, while awaiting placement in a
984	minimum-risk, low-risk, or moderate-risk program, may be held in
985	secure detention care for 5 days, if the child violates the
986	conditions of the home detention care, the nonsecure detention
987	care, or the electronic monitoring agreement. For any subsequent
988	violation, the court may impose an additional 5 days in secure
989	detention care.
990	(f)  Regardless of detention status, a child being
991	transported by the department to a residential commitment
992	facility of the department may be placed in secure detention
993	overnight, not to exceed a 24-hour period, for the specific
994	purpose of ensuring the safe delivery of the child to his or her
995	residential commitment program, court, appointment, transfer, or
996	release.
997	Section 8.  Subsection (5) of section 985.228, Florida
998	Statutes, is amended to read:
999	985.228  Adjudicatory hearings; withheld adjudications;
1000	orders of adjudication.--
1001	(5)  If the court finds that the child named in a petition
1002	has committed a delinquent act or violation of law, but elects
1003	not to proceed under subsection (4), it shall incorporate that
1004	finding in an order of adjudication of delinquency entered in
1005	the case, briefly stating the facts upon which the finding is
1006	made, and the court shall thereafter have full authority under
1007	this chapter to deal with the child as adjudicated. The order of
1008	adjudication of delinquency shall also include conditions that
1009	must be followed by the child until a disposition order is
1010	entered in his or her case. These conditions must include, but
1011	are not limited to, requirements that the child, during any
1012	period of time that he or she:
1013	(a)  Is not in secure detention, comply with a curfew;
1014	attend school or another educational program, if eligible; and
1015	obey the reasonable and lawful demands of his or her parents or
1016	legal guardians and, if applicable, all persons responsible for
1017	supervising him or her while he or she is in school or another
1018	educational program.
1019	(b)  Is in secure detention, obey the reasonable and lawful
1020	demands of all persons responsible for his or her supervision.
1021	Section 9.  Paragraphs (a) and (d) of subsection (1) and
1022	subsection (2) of section 985.231, Florida Statutes, are amended
1023	to read:
1024	985.231  Powers of disposition in delinquency cases.--
1025	(1)(a)  The court that has jurisdiction of an adjudicated
1026	delinquent child may, by an order stating the facts upon which a
1027	determination of a sanction and rehabilitative program was made
1028	at the disposition hearing:
1029	1.  Place the child in a probation program or a
1030	postcommitment probation program under the supervision of an
1031	authorized agent of the department of Juvenile Justice or of any
1032	other person or agency specifically authorized and appointed by
1033	the court, whether in the child's own home, in the home of a
1034	relative of the child, or in some other suitable place under
1035	such reasonable conditions as the court may direct. A probation
1036	program for an adjudicated delinquent child must include a
1037	penalty component such as restitution in money or in kind,
1038	community service, a curfew, revocation or suspension of the
1039	driver's license of the child, or other nonresidential
1040	punishment appropriate to the offense and must also include a
1041	rehabilitative program component such as a requirement of
1042	participation in substance abuse treatment or in school or other
1043	educational program. If the child is attending or is eligible to
1044	attend public school and the court finds that the victim or a
1045	sibling of the victim in the case is attending or may attend the
1046	same school as the child, the court placement order shall
1047	include a finding pursuant to the proceedings described in s.
1048	985.23(1)(d). Upon the recommendation of the department at the
1049	time of disposition, or subsequent to disposition pursuant to
1050	the filing of a petition alleging a violation of the child's
1051	conditions of postcommitment probation, the court may order the
1052	child to submit to random testing for the purpose of detecting
1053	and monitoring the use of alcohol or controlled substances.
1054	a.  A restrictiveness level classification scale for levels
1055	of supervision shall be provided by the department, taking into
1056	account the child's needs and risks relative to probation
1057	supervision requirements to reasonably ensure the public safety.
1058	Probation programs for children shall be supervised by the
1059	department or by any other person or agency specifically
1060	authorized by the court. These programs must include, but are
1061	not limited to, structured or restricted activities as described
1062	in this subparagraph, and shall be designed to encourage the
1063	child toward acceptable and functional social behavior. If
1064	supervision or a program of community service is ordered by the
1065	court, the duration of such supervision or program must be
1066	consistent with any treatment and rehabilitation needs
1067	identified for the child and may not exceed the term for which
1068	sentence could be imposed if the child were committed for the
1069	offense, except that the duration of such supervision or program
1070	for an offense that is a misdemeanor of the second degree, or is
1071	equivalent to a misdemeanor of the second degree, may be for a
1072	period not to exceed 6 months. When restitution is ordered by
1073	the court, the amount of restitution may not exceed an amount
1074	the child and the parent or guardian could reasonably be
1075	expected to pay or make. A child who participates in any work
1076	program under this part is considered an employee of the state
1077	for purposes of liability, unless otherwise provided by law.
1078	b.  The court may conduct judicial review hearings for a
1079	child placed on probation for the purpose of fostering
1080	accountability to the judge and compliance with other
1081	requirements, such as restitution and community service. The
1082	court may allow early termination of probation for a child who
1083	has substantially complied with the terms and conditions of
1084	probation.
1085	c.  If the conditions of the probation program or the
1086	postcommitment probation program are violated, the department or
1087	the state attorney may bring the child before the court on a
1088	petition alleging a violation of the program. Any child who
1089	violates the conditions of probation or postcommitment probation
1090	must be brought before the court if sanctions are sought. A
1091	child taken into custody under s. 985.207 for violating the
1092	conditions of probation or postcommitment probation shall be
1093	held in a consequence unit if such a unit is available. The
1094	child shall be afforded a hearing within 24 hours after being
1095	taken into custody to determine the existence of probable cause
1096	that the child violated the conditions of probation or
1097	postcommitment probation. A consequence unit is a secure
1098	facility specifically designated by the department for children
1099	who are taken into custody under s. 985.207 for violating
1100	probation or postcommitment probation, or who have been found by
1101	the court to have violated the conditions of probation or
1102	postcommitment probation. If the violation involves a new charge
1103	of delinquency, the child may be detained under s. 985.215 in a
1104	facility other than a consequence unit. If the child is not
1105	eligible for detention for the new charge of delinquency, the
1106	child may be held in the consequence unit pending a hearing and
1107	is subject to the time limitations specified in s. 985.215. If
1108	the child denies violating the conditions of probation or
1109	postcommitment probation, the court shall appoint counsel to
1110	represent the child at the child's request. Upon the child's
1111	admission, or if the court finds after a hearing that the child
1112	has violated the conditions of probation or postcommitment
1113	probation, the court shall enter an order revoking, modifying,
1114	or continuing probation or postcommitment probation. In each
1115	such case, the court shall enter a new disposition order and, in
1116	addition to the sanctions set forth in this paragraph, may
1117	impose any sanction the court could have imposed at the original
1118	disposition hearing. If the child is found to have violated the
1119	conditions of probation or postcommitment probation, the court
1120	may:
1121	(I)  Place the child in a consequence unit in that judicial
1122	circuit, if available, for up to 5 days for a first violation,
1123	and up to 15 days for a second or subsequent violation.
1124	(II)  Place the child on home detention with electronic
1125	monitoring. However, this sanction may be used only if a
1126	residential consequence unit is not available.
1127	(III)  Modify or continue the child's probation program or
1128	postcommitment probation program.
1129	(IV)  Revoke probation or postcommitment probation and
1130	commit the child to the department.
1131	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1132	as provided in s. 985.31, the term of any order placing a child
1133	in a probation program must be until the child's 19th birthday
1134	unless he or she is released by the court, on the motion of an
1135	interested party or on its own motion.
1136	2.  Commit the child to a licensed child-caring agency
1137	willing to receive the child, but the court may not commit the
1138	child to a jail or to a facility used primarily as a detention
1139	center or facility or shelter.
1140	3.  Commit the child to the department of Juvenile Justice
1141	at a restrictiveness residential commitment level defined in s.
1142	985.03. The court may specify a program or facility within the
1143	restrictiveness level to which the child has been ordered. For a
1144	child ordered committed to a specific high-risk residential or
1145	maximum-risk residential program or facility, the department may
1146	notify the dispositional judge of alternative placements at the
1147	same risk level, as space becomes available, that could be
1148	accomplished prior to entry of the child into the court-ordered
1149	program or facility. With respect to any court-specified
1150	placement, the court may not select a program or facility that
1151	is not under contract with the department. If the court finds
1152	that the planned vacancies at the program or facility specified
1153	by the court are insufficient to allow for the placement of the
1154	child within 45 days after the commitment order, the court must
1155	select a program or facility at the same restrictiveness level
1156	from at least three alternative placements provided by the
1157	department. Such commitment must be for the purpose of
1158	exercising active control over the child, including, but not
1159	limited to, custody, care, training, urine monitoring, and
1160	treatment of the child and release of the child from residential
1161	commitment into the community in a postcommitment nonresidential
1162	conditional release program. If the child is eligible to attend
1163	public school following residential commitment and the court
1164	finds that the victim or a sibling of the victim in the case is
1165	or may be attending the same school as the child, the commitment
1166	order shall include a finding pursuant to the proceedings
1167	described in s. 985.23(1)(d). If the child is not successful in
1168	the conditional release program, the department may use the
1169	transfer procedure under s. 985.404. Notwithstanding s. 743.07
1170	and paragraph (d), and except as provided in s. 985.31, the term
1171	of the commitment must be until the child is discharged by the
1172	department or until he or she reaches the age of 21.
1173	4.  Revoke or suspend the driver's license of the child.
1174	5.  Require the child and, if the court finds it
1175	appropriate, the child's parent or guardian together with the
1176	child, to render community service in a public service program.
1177	6.  As part of the probation program to be implemented by
1178	the department of Juvenile Justice, or, in the case of a
1179	committed child, as part of the community-based sanctions
1180	ordered by the court at the disposition hearing or before the
1181	child's release from commitment, order the child to make
1182	restitution in money, through a promissory note cosigned by the
1183	child's parent or guardian, or in kind for any damage or loss
1184	caused by the child's offense in a reasonable amount or manner
1185	to be determined by the court. The clerk of the circuit court
1186	shall be the receiving and dispensing agent. In such case, the
1187	court shall order the child or the child's parent or guardian to
1188	pay to the office of the clerk of the circuit court an amount
1189	not to exceed the actual cost incurred by the clerk as a result
1190	of receiving and dispensing restitution payments. The clerk
1191	shall notify the court if restitution is not made, and the court
1192	shall take any further action that is necessary against the
1193	child or the child's parent or guardian. A finding by the court,
1194	after a hearing, that the parent or guardian has made diligent
1195	and good faith efforts to prevent the child from engaging in
1196	delinquent acts absolves the parent or guardian of liability for
1197	restitution under this subparagraph.
1198	7.  Order the child and, if the court finds it appropriate,
1199	the child's parent or guardian together with the child, to
1200	participate in a community work project, either as an
1201	alternative to monetary restitution or as part of the
1202	rehabilitative or probation program.
1203	8.  Commit the child to the department of Juvenile Justice
1204	for placement in a program or facility for serious or habitual
1205	juvenile offenders in accordance with s. 985.31. Any commitment
1206	of a child to a program or facility for serious or habitual
1207	juvenile offenders must be for an indeterminate period of time,
1208	but the time may not exceed the maximum term of imprisonment
1209	that an adult may serve for the same offense. The court may
1210	retain jurisdiction over such child until the child reaches the
1211	age of 21, specifically for the purpose of the child completing
1212	the program.
1213	9.  In addition to the sanctions imposed on the child,
1214	order the parent or guardian of the child to perform community
1215	service if the court finds that the parent or guardian did not
1216	make a diligent and good faith effort to prevent the child from
1217	engaging in delinquent acts. The court may also order the parent
1218	or guardian to make restitution in money or in kind for any
1219	damage or loss caused by the child's offense. The court shall
1220	determine a reasonable amount or manner of restitution, and
1221	payment shall be made to the clerk of the circuit court as
1222	provided in subparagraph 6.
1223	10.  Subject to specific appropriation, commit the juvenile
1224	sexual offender to the department of Juvenile Justice for
1225	placement in a program or facility for juvenile sexual offenders
1226	in accordance with s. 985.308. Any commitment of a juvenile
1227	sexual offender to a program or facility for juvenile sexual
1228	offenders must be for an indeterminate period of time, but the
1229	time may not exceed the maximum term of imprisonment that an
1230	adult may serve for the same offense. The court may retain
1231	jurisdiction over a juvenile sexual offender until the juvenile
1232	sexual offender reaches the age of 21, specifically for the
1233	purpose of completing the program.
1234	(d)  Any commitment of a delinquent child to the department
1235	of Juvenile Justice must be for an indeterminate period of time,
1236	which may include periods of temporary release; however, but the
1237	period of time may not exceed the maximum term of imprisonment
1238	that an adult may serve for the same offense, except that the
1239	duration of a minimum-risk nonresidential commitment for an
1240	offense that is a misdemeanor of the second degree, or is
1241	equivalent to a misdemeanor of the second degree, may be for a
1242	period not to exceed 6 months. The duration of the child's
1243	placement in a residential commitment program of any
1244	restrictiveness level shall be based on objective performance-
1245	based treatment planning. The child's treatment plan progress
1246	and adjustment-related issues shall be reported to the court
1247	quarterly, unless the court requests monthly reports each month.
1248	The child's length of stay in a residential commitment program
1249	may be extended if the child fails to comply with or participate
1250	in treatment activities. The child's length of stay in the such
1251	program shall not be extended for purposes of sanction or
1252	punishment. Any temporary release from such program must be
1253	approved by the court. Any child so committed may be discharged
1254	from institutional confinement or a program upon the direction
1255	of the department with the concurrence of the court. The child's
1256	treatment plan progress and adjustment-related issues must be
1257	communicated to the court at the time the department requests
1258	the court to consider releasing the child from the residential
1259	commitment program. Notwithstanding s. 743.07 and this
1260	subsection, and except as provided in ss. 985.201 and 985.31, a
1261	child may not be held under a commitment from a court under
1262	pursuant to this section after becoming 21 years of age. The
1263	department shall give the court that committed the child to the
1264	department reasonable notice, in writing, of its desire to
1265	discharge the child from a commitment facility. The court that
1266	committed the child may thereafter accept or reject the request.
1267	If the court does not respond within 10 days after receipt of
1268	the notice, the request of the department shall be deemed
1269	granted. This section does not limit the department's authority
1270	to revoke a child's temporary release status and return the
1271	child to a commitment facility for any violation of the terms
1272	and conditions of the temporary release.
1273	(2)  Following a delinquency adjudicatory hearing pursuant
1274	to s. 985.228 and a delinquency disposition hearing pursuant to
1275	s. 985.23 which results in a commitment determination, the court
1276	shall, on its own or upon request by the state or the
1277	department, determine whether the protection of the public
1278	requires that the child be placed in a program for serious or
1279	habitual juvenile offenders and whether the particular needs of
1280	the child would be best served by a program for serious or
1281	habitual juvenile offenders as provided in s. 985.31. The
1282	determination shall be made pursuant to ss. 985.03(49)(48) and
1283	985.23(3).
1284	Section 10.  Paragraph (a) of subsection (1) of section
1285	985.2311, Florida Statutes, is amended to read:
1286	985.2311  Cost of supervision; cost of care.--
1287	(1)  Except as provided in subsection (3) or subsection
1288	(4):
1289	(a)  When any child is placed into home detention,
1290	probation, or other supervision status with the department, or
1291	is committed to the minimum-risk nonresidential restrictiveness
1292	level of Juvenile Justice, the court shall order the parent of
1293	such child to pay to the department a fee for the cost of the
1294	supervision of such child in the amount of $1 per day for each
1295	day that the child is in such supervision status.
1296	Section 11.  Section 985.313, Florida Statutes, is amended
1297	to read:
1298	985.313  Juvenile correctional facilities or juvenile
1299	prison.--A juvenile correctional facility or juvenile prison is
1300	a physically secure residential commitment program with a
1301	designated length of stay from 18 months to 36 months, primarily
1302	serving children 13 years of age to 19 years of age, or until
1303	the jurisdiction of the court expires. The court may retain
1304	jurisdiction over the child until the child reaches the age of
1305	21, specifically for the purpose of the child completing the
1306	program. Each child committed to this level must meet one of the
1307	following criteria:
1308	(1)  The youth is at least 13 years of age at the time of
1309	the disposition for the current offense and has been adjudicated
1310	on the current offense for:
1311	(a)  Arson;
1312	(b)  Sexual battery;
1313	(c)  Robbery;
1314	(d)  Kidnapping;
1315	(e)  Aggravated child abuse;
1316	(f)  Aggravated assault;
1317	(g)  Aggravated stalking;
1318	(h)  Murder;
1319	(i)  Manslaughter;
1320	(j)  Unlawful throwing, placing, or discharging of a
1321	destructive device or bomb;
1322	(k)  Armed burglary;
1323	(l)  Aggravated battery;
1324	(m)  Carjacking;
1325	(n)  Home-invasion robbery;
1326	(o)  Burglary with an assault or battery;
1327	(p)  Any lewd or lascivious offense committed upon or in
1328	the presence of a person less than 16 years of age; or
1329	(q)  Carrying, displaying, using, threatening to use, or
1330	attempting to use a weapon or firearm during the commission of a
1331	felony.
1332	(2)  The youth is at least 13 years of age at the time of
1333	the disposition, the current offense is a felony, and the child
1334	has previously been committed three or more times to a
1335	delinquency commitment program.
1336	(3)  The youth is at least 13 years of age and is currently
1337	committed for a felony offense and transferred from a moderate-
1338	risk or high-risk residential commitment placement.
1339	(4)  The youth is at least 13 years of age at the time of
1340	the disposition for the current offense, the youth is eligible
1341	for prosecution as an adult for the current offense, and the
1342	current offense is ranked at level 7 or higher on the Criminal
1343	Punishment Code offense severity ranking chart pursuant to s.
1344	921.0022.
1345	Section 12.  Subsection (3) of section 985.316, Florida
1346	Statutes, is amended to read:
1347	985.316  Conditional release.--
1348	(3)  For juveniles referred or committed to the department,
1349	the function of the department may include, but shall not be
1350	limited to, assessing each committed juvenile placed in a
1351	residential commitment program to determine the need for
1352	conditional release services upon release from the a commitment
1353	program, supervising the juvenile when released into the
1354	community from a residential commitment facility of the
1355	department, providing such counseling and other services as may
1356	be necessary for the families and assisting their preparations
1357	for the return of the child. Subject to specific appropriation,
1358	the department shall provide for outpatient sexual offender
1359	counseling for any juvenile sexual offender released from a
1360	residential commitment program as a component of conditional
1361	release.
1362	Section 13.  Section 985.403, Florida Statutes, is
1363	repealed.
1364	Section 14.  Task Force on Juvenile Sexual Offenders and
1365	their Victims.--
1366	(1)  On or before August 1, 2005, the Department of
1367	Juvenile Justice shall create a task force to review and
1368	evaluate the state's laws that address juvenile sex offenders
1369	and the department's practices and procedures for serving these
1370	offenders and their victims. The task force shall make findings
1371	that include, but are not limited to, a profile of this state's
1372	juvenile sex offenders and of dispositions received by those
1373	offenders, identification of statutes that address these
1374	offenders, identification of community-based and commitment
1375	programming available for these offenders and of such
1376	programming's effectiveness, the appropriateness and
1377	rehabilitative efficacy of placing these offenders in
1378	residential commitment programs, and identification of
1379	qualifications required for staff who serve these offenders.
1380	Based on its findings, the task force shall make recommendations
1381	for how the state's laws, policies, programs, and funding for
1382	juvenile sexual offenders may be improved.
1383	(2)  The Secretary of Juvenile Justice, or his or her
1384	designee, shall appoint up to 12 members to the task force. The
1385	task force shall be composed of representatives who shall
1386	include, but are not limited to: a circuit court judge with at
1387	least 1 year's experience in the juvenile division, a state
1388	attorney with at least 1 year's experience in the juvenile
1389	division, a public defender with at least 1 year's experience in
1390	the juvenile division, one representative of the Department of
1391	Juvenile Justice, two representatives of providers of juvenile
1392	sexual offender services, one member of the Florida Juvenile
1393	Justice Association, one member of the Florida Association for
1394	the Treatment of Sexual Abusers, and one victim of a juvenile
1395	sexual offense.
1396	(3)  The task force shall submit a written report of its
1397	findings and recommendations to the Governor, the President of
1398	the Senate, and the Speaker of the House of Representatives by
1399	December 1, 2005.
1400	(4)  Administrative support for the task force shall be
1401	provided by the Department of Juvenile Justice. Members of the
1402	task force shall receive no salary and are not entitled to
1403	reimbursement for travel and per diem expenses.
1404	(5)  The task force shall be dissolved upon submission of
1405	its report.
1406	Section 15.  Task force to study certification of juvenile
1407	justice provider staff.--
1408	(1)  On or before August 1, 2005, the Department of
1409	Juvenile Justice shall create a task force to study the
1410	feasibility of establishing a certification process for staff
1411	employed by a provider under contract with the Department of
1412	Juvenile Justice to provide juvenile justice services to youth.
1413	(2)  The Secretary of Juvenile Justice, or his or her
1414	designee, shall appoint up to 12 members to the task force. The
1415	task force shall be composed of representatives who shall
1416	include, but are not limited to, the following: two
1417	representatives of the Department of Juvenile Justice, two
1418	representatives of providers of juvenile justice services, two
1419	members of the Florida Juvenile Justice Association, two
1420	provider employees who provide direct care services, and two
1421	representatives of the Florida Certification Board.
1422	(3)  The task force shall consider the feasibility of
1423	implementing and operating a certification system for staff who
1424	work in juvenile justice facilities, services, or programs. At a
1425	minimum, the task force shall consider, and make recommendations
1426	concerning, per diem levels, the occupational levels of staff
1427	subject to certification, the criteria that may be used to
1428	certify staff, the levels of certification, and a process for
1429	testing and validating the effectiveness of any recommended
1430	staff certification system. In making its recommendations, the
1431	task force shall make findings regarding the benefits of a staff
1432	certification system for the state's juvenile justice
1433	programming and the cost to implement such a system.
1434	(4)  The task force shall submit a written report of its
1435	findings and recommendations to the Governor, the President of
1436	the Senate, and the Speaker of the House of Representatives by
1437	January 1, 2006.
1438	(5)  Administrative support for the task force shall be
1439	provided by the Department of Juvenile Justice. Members of the
1440	task force shall receive no salary and are not entitled to
1441	reimbursement for travel and per diem expenses.
1442	(6)  The task force shall be dissolved upon submission of
1443	its report.
1444	Section 16.  Subsection (4) of section 985.404, Florida
1445	Statutes, is amended to read:
1446	985.404  Administering the juvenile justice continuum.--
1447	(4)  The department may transfer a child, when necessary to
1448	appropriately administer the child's commitment, from one
1449	facility or program to another facility or program operated,
1450	contracted, subcontracted, or designated by the department,
1451	including a postcommitment nonresidential conditional release
1452	program. The department shall notify the court that committed
1453	the child to the department and any attorney of record, in
1454	writing, of its intent to transfer the child from a commitment
1455	facility or program to another facility or program of a higher
1456	or lower restrictiveness level, or to another facility or
1457	program that is different from a facility or program specified
1458	by the court under s. 985.231(1)(a)3. After receipt of the
1459	notice, the court that committed the child may agree to the
1460	transfer or may set a hearing to review the transfer, after
1461	which the court shall issue a written order granting or denying
1462	the transfer, or may, without setting a hearing, issue a written
1463	order granting or denying the transfer. No child shall be
1464	transferred by the department to a higher or lower
1465	restrictiveness level or to a facility or program different from
1466	that specified by the court under s. 985.231(1)(a)3. prior to
1467	the department's receiving a written court order granting the
1468	transfer. If the court does not respond within 10 days after
1469	receipt of the notice, the transfer of the child shall be deemed
1470	granted.
1471	Section 17.  Subsections (2) and (10) of section 985.4135,
1472	Florida Statutes, are amended to read:
1473	985.4135  Juvenile justice circuit boards and juvenile
1474	justice county councils.--
1475	(2)  Each juvenile justice county council shall:
1476	(a)  Develop a juvenile justice prevention and early
1477	intervention plan for the county and shall collaborate with the
1478	circuit board and other county councils assigned to that circuit
1479	in the development of a comprehensive plan for the circuit.
1480	(b)  Develop, with the cooperation of county commissioners,
1481	school board officials, representatives of governing bodies for
1482	local municipalities, and representatives of local law
1483	enforcement agencies, criteria to be considered by law
1484	enforcement officers prior to referring youth to juvenile
1485	assessment centers.
1486	(10)  Membership of the juvenile justice county councils,
1487	or juvenile justice circuit boards established under subsection
1488	(9), may must include representatives from the following
1489	entities:
1490	(a)  Representatives from the school district, which may
1491	include elected school board officials, the school
1492	superintendent, school or district administrators, teachers, and
1493	counselors.
1494	(b)  Representatives of the board of county commissioners.
1495	(c)  Representatives of the governing bodies of local
1496	municipalities within the county.
1497	(d)  A representative of the corresponding circuit or
1498	regional entity of the Department of Children and Family
1499	Services.
1500	(e)  Representatives of local law enforcement agencies,
1501	including the sheriff or the sheriff's designee.
1502	(f)  Representatives of the judicial system.
1503	(g)  Representatives of the business community.
1504	(h)  Representatives of other interested officials, groups,
1505	or entities, including, but not limited to, a children's
1506	services council, public or private providers of juvenile
1507	justice programs and services, students, parents, and advocates.
1508	Private providers of juvenile justice programs may not exceed
1509	one-third of the voting membership.
1510	(i)  Representatives of the faith community.
1511	(j)  Representatives of victim-service programs and victims
1512	of crimes.
1513	(k)  Representatives of the Department of Corrections.
1514	Section 18.  Section 784.075, Florida Statutes, is amended
1515	to read:
1516	784.075  Battery on detention or commitment facility staff
1517	or a juvenile probation officer.--A person who commits a battery
1518	on a juvenile probation officer, as defined in s. 984.03 or s.
1519	985.03, on other staff of a detention center or facility as
1520	defined in s. 984.03(19) or s. 985.03(19), or on a staff member
1521	of a commitment facility as defined in s. 985.03(45), commits a
1522	felony of the third degree, punishable as provided in s.
1523	775.082, s. 775.083, or s. 775.084. For purposes of this
1524	section, a staff member of the facilities listed includes
1525	persons employed by the Department of Juvenile Justice, persons
1526	employed at facilities licensed by the Department of Juvenile
1527	Justice, and persons employed at facilities operated under a
1528	contract with the Department of Juvenile Justice.
1529	Section 19.  Section 984.05, Florida Statutes, is amended
1530	to read:
1531	984.05  Rules relating to habitual truants; adoption by
1532	State Board of Education and Department of Juvenile
1533	Justice.--The Department of Juvenile Justice and the State Board
1534	of Education shall work together on the development of, and
1535	shall adopt, rules as necessary for the implementation of ss.
1536	984.03(27), 985.03(26)(25), and 1003.27.
1537	Section 20.  Paragraph (e) of subsection (3) and paragraph
1538	(a) of subsection (4) of section 985.31, Florida Statutes, are
1539	amended, and for the purpose of incorporating the amendment to
1540	section 985.231, Florida Statutes, in references thereto,
1541	paragraph (k) of subsection (3) of said section is reenacted, to
1542	read:
1543	985.31  Serious or habitual juvenile offender.--
1544	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1545	TREATMENT.--
1546	(e)  After a child has been adjudicated delinquent pursuant
1547	to s. 985.228, the court shall determine whether the child meets
1548	the criteria for a serious or habitual juvenile offender
1549	pursuant to s. 985.03(49)(48). If the court determines that the
1550	child does not meet such criteria, the provisions of s.
1551	985.231(1) shall apply.
1552	(k)  Any commitment of a child to the department for
1553	placement in a serious or habitual juvenile offender program or
1554	facility shall be for an indeterminate period of time, but the
1555	time shall not exceed the maximum term of imprisonment which an
1556	adult may serve for the same offense. Notwithstanding the
1557	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1558	habitual juvenile offender shall not be held under commitment
1559	from a court pursuant to this section, s. 985.231, or s. 985.233
1560	after becoming 21 years of age. This provision shall apply only
1561	for the purpose of completing the serious or habitual juvenile
1562	offender program pursuant to this chapter and shall be used
1563	solely for the purpose of treatment.
1564	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1565	(a)  Pursuant to the provisions of this section, the
1566	department shall implement the comprehensive assessment
1567	instrument for the treatment needs of serious or habitual
1568	juvenile offenders and for the assessment, which assessment
1569	shall include the criteria under s. 985.03(49)(48) and shall
1570	also include, but not be limited to, evaluation of the child's:
1571	1.  Amenability to treatment.
1572	2.  Proclivity toward violence.
1573	3.  Tendency toward gang involvement.
1574	4.  Substance abuse or addiction and the level thereof.
1575	5.  History of being a victim of child abuse or sexual
1576	abuse, or indication of sexual behavior dysfunction.
1577	6.  Number and type of previous adjudications, findings of
1578	guilt, and convictions.
1579	7.  Potential for rehabilitation.
1580	Section 21.  Subsection (2) of section 985.3141, Florida
1581	Statutes, is amended to read:
1582	985.3141  Escapes from secure detention or residential
1583	commitment facility.--An escape from:
1584	(2)  Any residential commitment facility described in s.
1585	985.03(46)(45), maintained for the custody, treatment,
1586	punishment, or rehabilitation of children found to have
1587	committed delinquent acts or violations of law; or
1588	Section 22.  For the purpose of incorporating the amendment
1589	to section 985.231, Florida Statutes, in a reference thereto,
1590	paragraph (a) of subsection (4) of section 985.201, Florida
1591	Statutes, is reenacted to read:
1592	985.201  Jurisdiction.--
1593	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1594	985.231, and except as provided in ss. 985.31 and 985.313, when
1595	the jurisdiction of any child who is alleged to have committed a
1596	delinquent act or violation of law is obtained, the court shall
1597	retain jurisdiction, unless relinquished by its order, until the
1598	child reaches 19 years of age, with the same power over the
1599	child that the court had prior to the child becoming an adult.
1600	Section 23.  For the purpose of incorporating the amendment
1601	to section 985.231, Florida Statutes, in a reference thereto,
1602	paragraph (b) of subsection (4) of section 985.233, Florida
1603	Statutes, is reenacted to read:
1604	985.233  Sentencing powers; procedures; alternatives for
1605	juveniles prosecuted as adults.--
1606	(4)  SENTENCING ALTERNATIVES.--
1607	(b)  Sentencing to juvenile sanctions.--For juveniles
1608	transferred to adult court but who do not qualify for such
1609	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1610	(b), the court may impose juvenile sanctions under this
1611	paragraph. If juvenile sentences are imposed, the court shall,
1612	pursuant to this paragraph, adjudge the child to have committed
1613	a delinquent act. Adjudication of delinquency shall not be
1614	deemed a conviction, nor shall it operate to impose any of the
1615	civil disabilities ordinarily resulting from a conviction. The
1616	court shall impose an adult sanction or a juvenile sanction and
1617	may not sentence the child to a combination of adult and
1618	juvenile punishments. An adult sanction or a juvenile sanction
1619	may include enforcement of an order of restitution or probation
1620	previously ordered in any juvenile proceeding. However, if the
1621	court imposes a juvenile sanction and the department determines
1622	that the sanction is unsuitable for the child, the department
1623	shall return custody of the child to the sentencing court for
1624	further proceedings, including the imposition of adult
1625	sanctions. Upon adjudicating a child delinquent under subsection
1626	(1), the court may:
1627	1.  Place the child in a probation program under the
1628	supervision of the department for an indeterminate period of
1629	time until the child reaches the age of 19 years or sooner if
1630	discharged by order of the court.
1631	2.  Commit the child to the department for treatment in an
1632	appropriate program for children for an indeterminate period of
1633	time until the child is 21 or sooner if discharged by the
1634	department. The department shall notify the court of its intent
1635	to discharge no later than 14 days prior to discharge. Failure
1636	of the court to timely respond to the department's notice shall
1637	be considered approval for discharge.
1638	3.  Order disposition pursuant to s. 985.231 as an
1639	alternative to youthful offender or adult sentencing if the
1640	court determines not to impose youthful offender or adult
1641	sanctions.
1642
1643	It is the intent of the Legislature that the criteria and
1644	guidelines in this subsection are mandatory and that a
1645	determination of disposition under this subsection is subject to
1646	the right of the child to appellate review under s. 985.234.
1647	Section 24.  For the purpose of incorporating the amendment
1648	to section 985.231, Florida Statutes, in a reference thereto,
1649	paragraph (e) of subsection (3) of section 985.311, Florida
1650	Statutes, is reenacted to read:
1651	985.311  Intensive residential treatment program for
1652	offenders less than 13 years of age.--
1653	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1654	TREATMENT.--
1655	(e)  After a child has been adjudicated delinquent pursuant
1656	to s. 985.228(5), the court shall determine whether the child is
1657	eligible for an intensive residential treatment program for
1658	offenders less than 13 years of age pursuant to s. 985.03(7). If
1659	the court determines that the child does not meet the criteria,
1660	the provisions of s. 985.231(1) shall apply.
1661	Section 25.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.