| 1 | Representative(s) Barreiro offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (500116) (with title |
| 4 | amendment) |
| 5 | On page 17, line 24, through page 44, line 3 |
| 6 | remove: all of said lines |
| 7 |
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| 8 | and insert: |
| 9 | perimeter fencing and locking doors or are environmentally |
| 10 | secure. Facilities shall provide 24-hour awake supervision, |
| 11 | custody, care, and treatment of residents. Youth assessed and |
| 12 | classified for this level of placement require close supervision |
| 13 | in a structured residential setting. Placement in programs at |
| 14 | this level is prompted by a concern for public safety that |
| 15 | outweighs placement in programs at lower commitment levels. The |
| 16 | staff at a facility at this commitment level may seclude a child |
| 17 | who is a physical threat to himself or herself or others. |
| 18 | Mechanical restraint may also be used when necessary. The |
| 19 | facility may provide for single cell occupancy. |
| 20 | (e)(d) Maximum-risk residential.--Programs or program |
| 21 | models at this commitment level include juvenile correctional |
| 22 | facilities and juvenile prisons. The programs are long-term |
| 23 | residential and do shall not allow youth to have access to the |
| 24 | community. Facilities are maximum-custody hardware-secure with |
| 25 | perimeter security fencing and locking doors. Facilities shall |
| 26 | provide 24-hour awake supervision, custody, care, and treatment |
| 27 | of residents. The staff at a facility at this commitment level |
| 28 | may seclude a child who is a physical threat to himself or |
| 29 | herself or others. Mechanical restraint may also be used when |
| 30 | necessary. The facility shall provide for single cell occupancy, |
| 31 | except that youth may be housed together during prerelease |
| 32 | transition. Youth assessed and classified for this level of |
| 33 | placement require close supervision in a maximum security |
| 34 | residential setting. Placement in a program at this level is |
| 35 | prompted by a demonstrated need to protect the public. |
| 36 | (47)(46) "Respite" means a placement that is available for |
| 37 | the care, custody, and placement of a youth charged with |
| 38 | domestic violence as an alternative to secure detention or for |
| 39 | placement of a youth when a shelter bed for a child in need of |
| 40 | services or a family in need of services is unavailable. |
| 41 | (48)(47) "Secure detention center or facility" means a |
| 42 | physically restricting facility for the temporary care of |
| 43 | children, pending adjudication, disposition, or placement. |
| 44 | (49)(48) "Serious or habitual juvenile offender," for |
| 45 | purposes of commitment to a residential facility and for |
| 46 | purposes of records retention, means a child who has been found |
| 47 | to have committed a delinquent act or a violation of law, in the |
| 48 | case currently before the court, and who meets at least one of |
| 49 | the following criteria: |
| 50 | (a) The youth is at least 13 years of age at the time of |
| 51 | the disposition for the current offense and has been adjudicated |
| 52 | on the current offense for: |
| 53 | 1. Arson; |
| 54 | 2. Sexual battery; |
| 55 | 3. Robbery; |
| 56 | 4. Kidnapping; |
| 57 | 5. Aggravated child abuse; |
| 58 | 6. Aggravated assault; |
| 59 | 7. Aggravated stalking; |
| 60 | 8. Murder; |
| 61 | 9. Manslaughter; |
| 62 | 10. Unlawful throwing, placing, or discharging of a |
| 63 | destructive device or bomb; |
| 64 | 11. Armed burglary; |
| 65 | 12. Aggravated battery; |
| 66 | 13. Any lewd or lascivious offense committed upon or in |
| 67 | the presence of a person less than 16 years of age; or |
| 68 | 14. Carrying, displaying, using, threatening, or |
| 69 | attempting to use a weapon or firearm during the commission of a |
| 70 | felony. |
| 71 | (b) The youth is at least 13 years of age at the time of |
| 72 | the disposition, the current offense is a felony, and the child |
| 73 | has previously been committed at least two times to a |
| 74 | delinquency commitment program. |
| 75 | (c) The youth is at least 13 years of age and is currently |
| 76 | committed for a felony offense and transferred from a moderate- |
| 77 | risk or high-risk residential commitment placement. |
| 78 | (50)(49) "Serious or habitual juvenile offender program" |
| 79 | means the program established in s. 985.31. |
| 80 | (51)(50) "Shelter" means a place for the temporary care of |
| 81 | a child who is alleged to be or who has been found to be |
| 82 | delinquent. |
| 83 | (52)(51) "Shelter hearing" means a hearing provided for |
| 84 | under s. 984.14 in family-in-need-of-services cases or child-in- |
| 85 | need-of-services cases. |
| 86 | (53)(52) "Staff-secure shelter" means a facility in which |
| 87 | a child is supervised 24 hours a day by staff members who are |
| 88 | awake while on duty. The facility is for the temporary care and |
| 89 | assessment of a child who has been found to be dependent, who |
| 90 | has violated a court order and been found in contempt of court, |
| 91 | or whom the Department of Children and Family Services is unable |
| 92 | to properly assess or place for assistance within the continuum |
| 93 | of services provided for dependent children. |
| 94 | (54)(53) "Substance abuse" means using, without medical |
| 95 | reason, any psychoactive or mood-altering drug, including |
| 96 | alcohol, in such a manner as to induce impairment resulting in |
| 97 | dysfunctional social behavior. |
| 98 | (55)(54) "Taken into custody" means the status of a child |
| 99 | immediately when temporary physical control over the child is |
| 100 | attained by a person authorized by law, pending the child's |
| 101 | release, detention, placement, or other disposition as |
| 102 | authorized by law. |
| 103 | (56)(55) "Temporary legal custody" means the relationship |
| 104 | that a juvenile court creates between a child and an adult |
| 105 | relative of the child, adult nonrelative approved by the court, |
| 106 | or other person until a more permanent arrangement is ordered. |
| 107 | Temporary legal custody confers upon the custodian the right to |
| 108 | have temporary physical custody of the child and the right and |
| 109 | duty to protect, train, and discipline the child and to provide |
| 110 | the child with food, shelter, and education, and ordinary |
| 111 | medical, dental, psychiatric, and psychological care, unless |
| 112 | these rights and duties are otherwise enlarged or limited by the |
| 113 | court order establishing the temporary legal custody |
| 114 | relationship. |
| 115 | (57)(56) "Temporary release" means the terms and |
| 116 | conditions under which a child is temporarily released from a |
| 117 | residential commitment facility or allowed home visits. If the |
| 118 | temporary release is from a moderate-risk residential facility, |
| 119 | a high-risk residential facility, or a maximum-risk residential |
| 120 | facility, the terms and conditions of the temporary release must |
| 121 | be approved by the child, the court, and the facility. The term |
| 122 | includes periods during which the child is supervised pursuant |
| 123 | to a conditional release program or a period during which the |
| 124 | child is supervised by a juvenile probation officer or other |
| 125 | nonresidential staff of the department or staff employed by an |
| 126 | entity under contract with the department. |
| 127 | (58)(57) "Training school" means one of the following |
| 128 | facilities: the Arthur G. Dozier School or the Eckerd Youth |
| 129 | Development Center. |
| 130 | (59)(58) "Violation of law" or "delinquent act" means a |
| 131 | violation of any law of this state, the United States, or any |
| 132 | other state which is a misdemeanor or a felony or a violation of |
| 133 | a county or municipal ordinance which would be punishable by |
| 134 | incarceration if the violation were committed by an adult. |
| 135 | (60)(59) "Waiver hearing" means a hearing provided for |
| 136 | under s. 985.226(3). |
| 137 | Section 2. Paragraph (d) of subsection (1) of section |
| 138 | 985.207, Florida Statutes, is amended, and paragraph (e) is |
| 139 | added to said subsection, to read: |
| 140 | 985.207 Taking a child into custody.-- |
| 141 | (1) A child may be taken into custody under the following |
| 142 | circumstances: |
| 143 | (d) By a law enforcement officer who has probable cause to |
| 144 | believe that the child is in violation of the conditions of the |
| 145 | child's probation, home detention, postcommitment probation, or |
| 146 | conditional release supervision, has absconded from |
| 147 | nonresidential commitment, or has escaped from residential |
| 148 | commitment. |
| 149 | (e) When a law enforcement officer has probable cause to |
| 150 | believe that a child, who is awaiting disposition, has violated |
| 151 | conditions imposed by the court under s. 985.228(5) in his or |
| 152 | her order of adjudication of delinquency. |
| 153 |
|
| 154 | Nothing in this subsection shall be construed to allow the |
| 155 | detention of a child who does not meet the detention criteria in |
| 156 | s. 985.215. |
| 157 | Section 3. Section 985.208, Florida Statutes, is amended |
| 158 | to read: |
| 159 | 985.208 Detention of escapee or absconder on authority of |
| 160 | the department.-- |
| 161 | (1) If an authorized agent of the department has |
| 162 | reasonable grounds to believe that any delinquent child |
| 163 | committed to the department has escaped from a residential |
| 164 | commitment facility of the department or from being lawfully |
| 165 | transported thereto or therefrom, or has absconded from a |
| 166 | nonresidential commitment facility, the agent may take the child |
| 167 | into active custody and may deliver the child to the facility |
| 168 | or, if it is closer, to a detention center for return to the |
| 169 | facility. However, a child may not be held in detention longer |
| 170 | than 24 hours, excluding Saturdays, Sundays, and legal holidays, |
| 171 | unless a special order so directing is made by the judge after a |
| 172 | detention hearing resulting in a finding that detention is |
| 173 | required based on the criteria in s. 985.215(2). The order shall |
| 174 | state the reasons for such finding. The reasons shall be |
| 175 | reviewable by appeal or in habeas corpus proceedings in the |
| 176 | district court of appeal. |
| 177 | (2) Any sheriff or other law enforcement officer, upon the |
| 178 | request of the secretary of the department or duly authorized |
| 179 | agent, shall take a child who has escaped or absconded from a |
| 180 | residential commitment department facility for committed |
| 181 | delinquent children, or from being lawfully transported thereto |
| 182 | or therefrom, or has absconded from a nonresidential commitment |
| 183 | facility, into custody and deliver the child to the appropriate |
| 184 | juvenile probation officer of the department. |
| 185 | Section 4. Subsections (2) and (10) and paragraphs (d) and |
| 186 | (g) of subsection (5) of section 985.215, Florida Statutes, are |
| 187 | amended to read: |
| 188 | 985.215 Detention.-- |
| 189 | (2) Subject to the provisions of subsection (1), a child |
| 190 | taken into custody and placed into nonsecure or home detention |
| 191 | care or detained in secure detention care prior to a detention |
| 192 | hearing may continue to be detained by the court if: |
| 193 | (a) The child is alleged to be an escapee from a |
| 194 | residential commitment program, or an absconder from a |
| 195 | nonresidential commitment program, a probation program, or |
| 196 | conditional release supervision, or is alleged to have escaped |
| 197 | while being lawfully transported to or from a residential |
| 198 | commitment such program or supervision. |
| 199 | (b) The child is wanted in another jurisdiction for an |
| 200 | offense which, if committed by an adult, would be a felony. |
| 201 | (c) The child is charged with a delinquent act or |
| 202 | violation of law and requests in writing through legal counsel |
| 203 | to be detained for protection from an imminent physical threat |
| 204 | to his or her personal safety. |
| 205 | (d) The child is charged with committing an offense of |
| 206 | domestic violence as defined in s. 741.28 and is detained as |
| 207 | provided in s. 985.213(2)(b)3. |
| 208 | (e) The child is charged with possession or discharging a |
| 209 | firearm on school property in violation of s. 790.115. |
| 210 | (f) The child is charged with a capital felony, a life |
| 211 | felony, a felony of the first degree, a felony of the second |
| 212 | degree that does not involve a violation of chapter 893, or a |
| 213 | felony of the third degree that is also a crime of violence, |
| 214 | including any such offense involving the use or possession of a |
| 215 | firearm. |
| 216 | (g) The child is charged with any second degree or third |
| 217 | degree felony involving a violation of chapter 893 or any third |
| 218 | degree felony that is not also a crime of violence, and the |
| 219 | child: |
| 220 | 1. Has a record of failure to appear at court hearings |
| 221 | after being properly notified in accordance with the Rules of |
| 222 | Juvenile Procedure; |
| 223 | 2. Has a record of law violations prior to court hearings; |
| 224 | 3. Has already been detained or has been released and is |
| 225 | awaiting final disposition of the case; |
| 226 | 4. Has a record of violent conduct resulting in physical |
| 227 | injury to others; or |
| 228 | 5. Is found to have been in possession of a firearm. |
| 229 | (h) The child is alleged to have violated the conditions |
| 230 | of the child's probation or conditional release supervision. |
| 231 | However, a child detained under this paragraph may be held only |
| 232 | in a consequence unit as provided in s. 985.231(1)(a)1.c. If a |
| 233 | consequence unit is not available, the child shall be placed on |
| 234 | home detention with electronic monitoring. |
| 235 | (i) The child is detained on a judicial order for failure |
| 236 | to appear and has previously willfully failed to appear, after |
| 237 | proper notice, for an adjudicatory hearing on the same case |
| 238 | regardless of the results of the risk assessment instrument. A |
| 239 | child may be held in secure detention for up to 72 hours in |
| 240 | advance of the next scheduled court hearing pursuant to this |
| 241 | paragraph. The child's failure to keep the clerk of court and |
| 242 | defense counsel informed of a current and valid mailing address |
| 243 | where the child will receive notice to appear at court |
| 244 | proceedings does not provide an adequate ground for excusal of |
| 245 | the child's nonappearance at the hearings. |
| 246 | (j) The child is detained on a judicial order for failure |
| 247 | to appear and has previously willfully failed to appear, after |
| 248 | proper notice, at two or more court hearings of any nature on |
| 249 | the same case regardless of the results of the risk assessment |
| 250 | instrument. A child may be held in secure detention for up to 72 |
| 251 | hours in advance of the next scheduled court hearing pursuant to |
| 252 | this paragraph. The child's failure to keep the clerk of court |
| 253 | and defense counsel informed of a current and valid mailing |
| 254 | address where the child will receive notice to appear at court |
| 255 | proceedings does not provide an adequate ground for excusal of |
| 256 | the child's nonappearance at the hearings. |
| 257 | (k) The child at his or her adjudicatory hearing has been |
| 258 | found to have committed a delinquent act or violation of law and |
| 259 | has previously willfully failed to appear, after proper notice, |
| 260 | for other delinquency court proceedings of any nature regardless |
| 261 | of the results of the risk assessment instrument. A child may be |
| 262 | placed in secure detention, or at the discretion of the court |
| 263 | and if available, on home detention with electronic monitoring |
| 264 | until the child's disposition order is entered in his or her |
| 265 | case. The child's failure to keep the clerk of court and defense |
| 266 | counsel informed of a current and valid mailing address where |
| 267 | the child will receive notice to appear at court proceedings |
| 268 | does not provide an adequate ground for excusal of the child's |
| 269 | nonappearance at the hearings. |
| 270 |
|
| 271 | A child who meets any of these criteria and who is ordered to be |
| 272 | detained pursuant to this subsection shall be given a hearing |
| 273 | within 24 hours after being taken into custody. The purpose of |
| 274 | the detention hearing is to determine the existence of probable |
| 275 | cause that the child has committed the delinquent act or |
| 276 | violation of law with which he or she is charged and the need |
| 277 | for continued detention, except where the child is alleged to |
| 278 | have absconded from a nonresidential commitment program in which |
| 279 | case the court, at the detention hearing, shall order that the |
| 280 | child be released from detention and returned to his or her |
| 281 | nonresidential commitment program. Unless a child is detained |
| 282 | under paragraph (d), or paragraph (e), or paragraph (k) the |
| 283 | court shall use utilize the results of the risk assessment |
| 284 | performed by the juvenile probation officer and, based on the |
| 285 | criteria in this subsection, shall determine the need for |
| 286 | continued detention. A child placed into secure, nonsecure, or |
| 287 | home detention care may continue to be so detained by the court |
| 288 | pursuant to this subsection. If the court orders a placement |
| 289 | more restrictive than indicated by the results of the risk |
| 290 | assessment instrument, the court shall state, in writing, clear |
| 291 | and convincing reasons for such placement. Except as provided in |
| 292 | s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b), |
| 293 | paragraph (10)(c), or paragraph (10)(d), when a child is placed |
| 294 | into secure or nonsecure detention care, or into a respite home |
| 295 | or other placement pursuant to a court order following a |
| 296 | hearing, the court order must include specific instructions that |
| 297 | direct the release of the child from such placement no later |
| 298 | than 5 p.m. on the last day of the detention period specified in |
| 299 | paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., |
| 300 | whichever is applicable, unless the requirements of such |
| 301 | applicable provision have been met or an order of continuance |
| 302 | has been granted pursuant to paragraph (5)(f). |
| 303 | (5) |
| 304 | (d) Except as provided in paragraph (2)(k), paragraph (g), |
| 305 | or s. 985.228(5), a child may not be held in secure, nonsecure, |
| 306 | or home detention care for more than 15 days following the entry |
| 307 | of an order of adjudication. |
| 308 | (g) Upon good cause being shown that the nature of the |
| 309 | charge requires additional time for the prosecution or defense |
| 310 | of the case, the court may extend the time limits for detention |
| 311 | specified in paragraph (c) or (d) an additional 9 days if the |
| 312 | child is charged with an offense that would be, if committed by |
| 313 | an adult, a capital felony, a life felony, a felony of the first |
| 314 | degree, or a felony of the second degree involving violence |
| 315 | against any individual. |
| 316 | (10)(a)1. When a child is committed to the Department of |
| 317 | Juvenile Justice awaiting dispositional placement, removal of |
| 318 | the child from detention care shall occur within 5 days, |
| 319 | excluding Saturdays, Sundays, and legal holidays. Any child held |
| 320 | in secure detention during the 5 days must meet detention |
| 321 | admission criteria pursuant to this section. If the child is |
| 322 | committed to a moderate-risk residential program, the department |
| 323 | may seek an order from the court authorizing continued detention |
| 324 | for a specific period of time necessary for the appropriate |
| 325 | residential placement of the child. However, such continued |
| 326 | detention in secure detention care may not exceed 15 days after |
| 327 | commitment, excluding Saturdays, Sundays, and legal holidays, |
| 328 | and except as otherwise provided in this subsection. |
| 329 | 2. The court must place all children who are adjudicated |
| 330 | and awaiting placement in a residential commitment program in |
| 331 | detention care. Children who are in home detention care or |
| 332 | nonsecure detention care may be placed on electronic monitoring. |
| 333 | (b) A child who is placed in home detention care, |
| 334 | nonsecure detention care, or home or nonsecure detention care |
| 335 | with electronic monitoring, while awaiting placement in a |
| 336 | minimum-risk, low-risk, or moderate-risk program, may be held in |
| 337 | secure detention care for 5 days, if the child violates the |
| 338 | conditions of the home detention care, the nonsecure detention |
| 339 | care, or the electronic monitoring agreement. For any subsequent |
| 340 | violation, the court may impose an additional 5 days in secure |
| 341 | detention care. |
| 342 | (c) If the child is committed to a high-risk residential |
| 343 | program, the child must be held in detention care until |
| 344 | placement or commitment is accomplished. |
| 345 | (d) If the child is committed to a maximum-risk |
| 346 | residential program, the child must be held in detention care |
| 347 | until placement or commitment is accomplished. |
| 348 | (e) Upon specific appropriation, the department may obtain |
| 349 | comprehensive evaluations, including, but not limited to, |
| 350 | medical, academic, psychological, behavioral, sociological, and |
| 351 | vocational needs of a youth with multiple arrests for all level |
| 352 | criminal acts or a youth committed to a minimum-risk or low-risk |
| 353 | commitment program. |
| 354 | (f) Regardless of detention status, a child being |
| 355 | transported by the department to a residential commitment |
| 356 | facility of the department may be placed in secure detention |
| 357 | overnight, not to exceed a 24-hour period, for the specific |
| 358 | purpose of ensuring the safe delivery of the child to his or her |
| 359 | residential commitment program, court, appointment, transfer, or |
| 360 | release. |
| 361 | Section 5. Notwithstanding s. 985.2155, Florida Statutes, |
| 362 | as amended by ch. 2004-473, Laws of Florida, the state, subject |
| 363 | to appropriation, shall pay all costs of detention care for |
| 364 | juveniles for Highlands County, Sumter County, and Wakulla |
| 365 | County for fiscal year 2005-2006. |
| 366 | Section 6. Subsection (5) of section 985.228, Florida |
| 367 | Statutes, is amended to read: |
| 368 | 985.228 Adjudicatory hearings; withheld adjudications; |
| 369 | orders of adjudication.-- |
| 370 | (5)(a) If the court finds that the child named in a |
| 371 | petition has committed a delinquent act or violation of law, but |
| 372 | elects not to proceed under subsection (4), it shall incorporate |
| 373 | that finding in an order of adjudication of delinquency entered |
| 374 | in the case, briefly stating the facts upon which the finding is |
| 375 | made, and the court shall thereafter have full authority under |
| 376 | this chapter to deal with the child as adjudicated. |
| 377 | (b) The order of adjudication of delinquency under |
| 378 | paragraph (a) shall also include conditions that must be |
| 379 | followed by the child until a disposition order is entered in |
| 380 | his or her case. These conditions must include, but are not |
| 381 | limited to, specifying that the child, during any period of time |
| 382 | that he or she: |
| 383 | 1. Is not in secure detention, must comply with a curfew; |
| 384 | must attend school or another educational program, if eligible; |
| 385 | and is prohibited from engaging in ungovernable behavior. |
| 386 | 2. Is in secure detention, is prohibited from engaging in |
| 387 | ungovernable behavior. |
| 388 | (c) For purposes of this subsection, the term |
| 389 | "ungovernable behavior" shall mean: |
| 390 | 1. Failing to obey the reasonable and lawful demands of |
| 391 | the child's parent or legal guardian and, where applicable, of a |
| 392 | person responsible for supervising the child while he or she is |
| 393 | in school, another educational program, or secure detention. |
| 394 | 2. Engaging in behavior that evidences a risk that the |
| 395 | child may fail to appear for future court proceedings or may |
| 396 | inflict harm upon others or the property of others. |
| 397 | 3. Other behavior as specified in writing by the court in |
| 398 | the order of adjudication of delinquency. |
| 399 | (d) If a child willfully violates a condition contained in |
| 400 | his or her order of adjudication of delinquency, the court may |
| 401 | find the child in direct or indirect contempt of court under s. |
| 402 | 985.216; however, notwithstanding s. 985.216 and the results of |
| 403 | the risk assessment instrument, the child's sanctions for such |
| 404 | contempt of court shall be placement in secure detention, or at |
| 405 | the discretion of the court and if available, on home detention |
| 406 | with electronic monitoring until the child's disposition order |
| 407 | is entered in his or her case, except the court may order a |
| 408 | different sanction if recommended by the department. |
| 409 | Section 7. Paragraphs (a) and (d) of subsection (1) and |
| 410 | subsection (2) of section 985.231, Florida Statutes, are amended |
| 411 | to read: |
| 412 | 985.231 Powers of disposition in delinquency cases.-- |
| 413 | (1)(a) The court that has jurisdiction of an adjudicated |
| 414 | delinquent child may, by an order stating the facts upon which a |
| 415 | determination of a sanction and rehabilitative program was made |
| 416 | at the disposition hearing: |
| 417 | 1. Place the child in a probation program or a |
| 418 | postcommitment probation program under the supervision of an |
| 419 | authorized agent of the department of Juvenile Justice or of any |
| 420 | other person or agency specifically authorized and appointed by |
| 421 | the court, whether in the child's own home, in the home of a |
| 422 | relative of the child, or in some other suitable place under |
| 423 | such reasonable conditions as the court may direct. A probation |
| 424 | program for an adjudicated delinquent child must include a |
| 425 | penalty component such as restitution in money or in kind, |
| 426 | community service, a curfew, revocation or suspension of the |
| 427 | driver's license of the child, or other nonresidential |
| 428 | punishment appropriate to the offense and must also include a |
| 429 | rehabilitative program component such as a requirement of |
| 430 | participation in substance abuse treatment or in school or other |
| 431 | educational program. If the child is attending or is eligible to |
| 432 | attend public school and the court finds that the victim or a |
| 433 | sibling of the victim in the case is attending or may attend the |
| 434 | same school as the child, the court placement order shall |
| 435 | include a finding pursuant to the proceedings described in s. |
| 436 | 985.23(1)(d). Upon the recommendation of the department at the |
| 437 | time of disposition, or subsequent to disposition pursuant to |
| 438 | the filing of a petition alleging a violation of the child's |
| 439 | conditions of postcommitment probation, the court may order the |
| 440 | child to submit to random testing for the purpose of detecting |
| 441 | and monitoring the use of alcohol or controlled substances. |
| 442 | a. A restrictiveness level classification scale for levels |
| 443 | of supervision shall be provided by the department, taking into |
| 444 | account the child's needs and risks relative to probation |
| 445 | supervision requirements to reasonably ensure the public safety. |
| 446 | Probation programs for children shall be supervised by the |
| 447 | department or by any other person or agency specifically |
| 448 | authorized by the court. These programs must include, but are |
| 449 | not limited to, structured or restricted activities as described |
| 450 | in this subparagraph, and shall be designed to encourage the |
| 451 | child toward acceptable and functional social behavior. If |
| 452 | supervision or a program of community service is ordered by the |
| 453 | court, the duration of such supervision or program must be |
| 454 | consistent with any treatment and rehabilitation needs |
| 455 | identified for the child and may not exceed the term for which |
| 456 | sentence could be imposed if the child were committed for the |
| 457 | offense, except that the duration of such supervision or program |
| 458 | for an offense that is a misdemeanor of the second degree, or is |
| 459 | equivalent to a misdemeanor of the second degree, may be for a |
| 460 | period not to exceed 6 months. When restitution is ordered by |
| 461 | the court, the amount of restitution may not exceed an amount |
| 462 | the child and the parent or guardian could reasonably be |
| 463 | expected to pay or make. A child who participates in any work |
| 464 | program under this part is considered an employee of the state |
| 465 | for purposes of liability, unless otherwise provided by law. |
| 466 | b. The court may conduct judicial review hearings for a |
| 467 | child placed on probation for the purpose of fostering |
| 468 | accountability to the judge and compliance with other |
| 469 | requirements, such as restitution and community service. The |
| 470 | court may allow early termination of probation for a child who |
| 471 | has substantially complied with the terms and conditions of |
| 472 | probation. |
| 473 | c. If the conditions of the probation program or the |
| 474 | postcommitment probation program are violated, the department or |
| 475 | the state attorney may bring the child before the court on a |
| 476 | petition alleging a violation of the program. Any child who |
| 477 | violates the conditions of probation or postcommitment probation |
| 478 | must be brought before the court if sanctions are sought. A |
| 479 | child taken into custody under s. 985.207 for violating the |
| 480 | conditions of probation or postcommitment probation shall be |
| 481 | held in a consequence unit if such a unit is available. The |
| 482 | child shall be afforded a hearing within 24 hours after being |
| 483 | taken into custody to determine the existence of probable cause |
| 484 | that the child violated the conditions of probation or |
| 485 | postcommitment probation. A consequence unit is a secure |
| 486 | facility specifically designated by the department for children |
| 487 | who are taken into custody under s. 985.207 for violating |
| 488 | probation or postcommitment probation, or who have been found by |
| 489 | the court to have violated the conditions of probation or |
| 490 | postcommitment probation. If the violation involves a new charge |
| 491 | of delinquency, the child may be detained under s. 985.215 in a |
| 492 | facility other than a consequence unit. If the child is not |
| 493 | eligible for detention for the new charge of delinquency, the |
| 494 | child may be held in the consequence unit pending a hearing and |
| 495 | is subject to the time limitations specified in s. 985.215. If |
| 496 | the child denies violating the conditions of probation or |
| 497 | postcommitment probation, the court shall appoint counsel to |
| 498 | represent the child at the child's request. Upon the child's |
| 499 | admission, or if the court finds after a hearing that the child |
| 500 | has violated the conditions of probation or postcommitment |
| 501 | probation, the court shall enter an order revoking, modifying, |
| 502 | or continuing probation or postcommitment probation. In each |
| 503 | such case, the court shall enter a new disposition order and, in |
| 504 | addition to the sanctions set forth in this paragraph, may |
| 505 | impose any sanction the court could have imposed at the original |
| 506 | disposition hearing. If the child is found to have violated the |
| 507 | conditions of probation or postcommitment probation, the court |
| 508 | may: |
| 509 | (I) Place the child in a consequence unit in that judicial |
| 510 | circuit, if available, for up to 5 days for a first violation, |
| 511 | and up to 15 days for a second or subsequent violation. |
| 512 | (II) Place the child on home detention with electronic |
| 513 | monitoring. However, this sanction may be used only if a |
| 514 | residential consequence unit is not available. |
| 515 | (III) Modify or continue the child's probation program or |
| 516 | postcommitment probation program. |
| 517 | (IV) Revoke probation or postcommitment probation and |
| 518 | commit the child to the department. |
| 519 | d. Notwithstanding s. 743.07 and paragraph (d), and except |
| 520 | as provided in s. 985.31, the term of any order placing a child |
| 521 | in a probation program must be until the child's 19th birthday |
| 522 | unless he or she is released by the court, on the motion of an |
| 523 | interested party or on its own motion. |
| 524 | 2. Commit the child to a licensed child-caring agency |
| 525 | willing to receive the child, but the court may not commit the |
| 526 | child to a jail or to a facility used primarily as a detention |
| 527 | center or facility or shelter. |
| 528 | 3. Commit the child to the department of Juvenile Justice |
| 529 | at a restrictiveness residential commitment level defined in s. |
| 530 | 985.03. Such commitment must be for the purpose of exercising |
| 531 | active control over the child, including, but not limited to, |
| 532 | custody, care, training, urine monitoring, and treatment of the |
| 533 | child and release of the child from residential commitment into |
| 534 | the community in a postcommitment nonresidential conditional |
| 535 | release program. If the child is eligible to attend public |
| 536 | school following residential commitment and the court finds that |
| 537 | the victim or a sibling of the victim in the case is or may be |
| 538 | attending the same school as the child, the commitment order |
| 539 | shall include a finding pursuant to the proceedings described in |
| 540 | s. 985.23(1)(d). If the child is not successful in the |
| 541 | conditional release program, the department may use the transfer |
| 542 | procedure under s. 985.404. Notwithstanding s. 743.07 and |
| 543 | paragraph (d), and except as provided in s. 985.31, the term of |
| 544 | the commitment must be until the child is discharged by the |
| 545 | department or until he or she reaches the age of 21. |
| 546 | 4. Revoke or suspend the driver's license of the child. |
| 547 | 5. Require the child and, if the court finds it |
| 548 | appropriate, the child's parent or guardian together with the |
| 549 | child, to render community service in a public service program. |
| 550 | 6. As part of the probation program to be implemented by |
| 551 | the department of Juvenile Justice, or, in the case of a |
| 552 | committed child, as part of the community-based sanctions |
| 553 | ordered by the court at the disposition hearing or before the |
| 554 | child's release from commitment, order the child to make |
| 555 | restitution in money, through a promissory note cosigned by the |
| 556 | child's parent or guardian, or in kind for any damage or loss |
| 557 | caused by the child's offense in a reasonable amount or manner |
| 558 | to be determined by the court. The clerk of the circuit court |
| 559 | shall be the receiving and dispensing agent. In such case, the |
| 560 | court shall order the child or the child's parent or guardian to |
| 561 | pay to the office of the clerk of the circuit court an amount |
| 562 | not to exceed the actual cost incurred by the clerk as a result |
| 563 | of receiving and dispensing restitution payments. The clerk |
| 564 | shall notify the court if restitution is not made, and the court |
| 565 | shall take any further action that is necessary against the |
| 566 | child or the child's parent or guardian. A finding by the court, |
| 567 | after a hearing, that the parent or guardian has made diligent |
| 568 | and good faith efforts to prevent the child from engaging in |
| 569 | delinquent acts absolves the parent or guardian of liability for |
| 570 | restitution under this subparagraph. |
| 571 | 7. Order the child and, if the court finds it appropriate, |
| 572 | the child's parent or guardian together with the child, to |
| 573 | participate in a community work project, either as an |
| 574 | alternative to monetary restitution or as part of the |
| 575 | rehabilitative or probation program. |
| 576 | 8. Commit the child to the department of Juvenile Justice |
| 577 | for placement in a program or facility for serious or habitual |
| 578 | juvenile offenders in accordance with s. 985.31. Any commitment |
| 579 | of a child to a program or facility for serious or habitual |
| 580 | juvenile offenders must be for an indeterminate period of time, |
| 581 | but the time may not exceed the maximum term of imprisonment |
| 582 | that an adult may serve for the same offense. The court may |
| 583 | retain jurisdiction over such child until the child reaches the |
| 584 | age of 21, specifically for the purpose of the child completing |
| 585 | the program. |
| 586 | 9. In addition to the sanctions imposed on the child, |
| 587 | order the parent or guardian of the child to perform community |
| 588 | service if the court finds that the parent or guardian did not |
| 589 | make a diligent and good faith effort to prevent the child from |
| 590 | engaging in delinquent acts. The court may also order the parent |
| 591 | or guardian to make restitution in money or in kind for any |
| 592 | damage or loss caused by the child's offense. The court shall |
| 593 | determine a reasonable amount or manner of restitution, and |
| 594 | payment shall be made to the clerk of the circuit court as |
| 595 | provided in subparagraph 6. |
| 596 | 10. Subject to specific appropriation, commit the juvenile |
| 597 | sexual offender to the department of Juvenile Justice for |
| 598 | placement in a program or facility for juvenile sexual offenders |
| 599 | in accordance with s. 985.308. Any commitment of a juvenile |
| 600 | sexual offender to a program or facility for juvenile sexual |
| 601 | offenders must be for an indeterminate period of time, but the |
| 602 | time may not exceed the maximum term of imprisonment that an |
| 603 | adult may serve for the same offense. The court may retain |
| 604 | jurisdiction over a juvenile sexual offender until the juvenile |
| 605 | sexual offender reaches the age of 21, specifically for the |
| 606 | purpose of completing the program. |
| 607 | (d) Any commitment of a delinquent child to the department |
| 608 | of Juvenile Justice must be for an indeterminate period of time, |
| 609 | which may include periods of temporary release; however, but the |
| 610 | period of time may not exceed the maximum term of imprisonment |
| 611 | that an adult may serve for the same offense, except that the |
| 612 | duration of a minimum-risk nonresidential commitment for an |
| 613 | offense that is a misdemeanor of the second degree, or is |
| 614 | equivalent to a misdemeanor of the second degree, may be for a |
| 615 | period not to exceed 6 months. The duration of the child's |
| 616 | placement in a residential commitment program of any |
| 617 | restrictiveness level shall be based on objective performance- |
| 618 | based treatment planning. The child's treatment plan progress |
| 619 | and adjustment-related issues shall be reported to the court |
| 620 | quarterly, unless the court requests monthly reports each month. |
| 621 | The child's length of stay in a residential commitment program |
| 622 | may be extended if the child fails to comply with or participate |
| 623 | in treatment activities. The child's length of stay in the such |
| 624 | program shall not be extended for purposes of sanction or |
| 625 | punishment. Any temporary release from such program must be |
| 626 | approved by the court. Any child so committed may be discharged |
| 627 | from institutional confinement or a program upon the direction |
| 628 | of the department with the concurrence of the court. The child's |
| 629 | treatment plan progress and adjustment-related issues must be |
| 630 | communicated to the court at the time the department requests |
| 631 | the court to consider releasing the child from the residential |
| 632 | commitment program. Notwithstanding s. 743.07 and this |
| 633 | subsection, and except as provided in ss. 985.201 and 985.31, a |
| 634 | child may not be held under a commitment from a court under |
| 635 | pursuant to this section after becoming 21 years of age. The |
| 636 | department shall give the court that committed the child to the |
| 637 | department reasonable notice, in writing, of its desire to |
| 638 | discharge the child from a commitment facility. The court that |
| 639 | committed the child may thereafter accept or reject the request. |
| 640 | If the court does not respond within 10 days after receipt of |
| 641 | the notice, the request of the department shall be deemed |
| 642 | granted. This section does not limit the department's authority |
| 643 | to revoke a child's temporary release status and return the |
| 644 | child to a commitment facility for any violation of the terms |
| 645 | and conditions of the temporary release. |
| 646 | (2) Following a delinquency adjudicatory hearing pursuant |
| 647 | to s. 985.228 and a delinquency disposition hearing pursuant to |
| 648 | s. 985.23 which results in a commitment determination, the court |
| 649 | shall, on its own or upon request by the state or the |
| 650 | department, determine whether the protection of the public |
| 651 | requires that the child be placed in a program for serious or |
| 652 | habitual juvenile offenders and whether the particular needs of |
| 653 | the child would be best served by a program for serious or |
| 654 | habitual juvenile offenders as provided in s. 985.31. The |
| 655 | determination shall be made pursuant to ss. 985.03(49)(48) and |
| 656 | 985.23(3). |
| 657 | Section 8. Paragraph (a) of subsection (1) of section |
| 658 | 985.2311, Florida Statutes, is amended to read: |
| 659 | 985.2311 Cost of supervision; cost of care.-- |
| 660 | (1) Except as provided in subsection (3) or subsection |
| 661 | (4): |
| 662 | (a) When any child is placed into home detention, |
| 663 | probation, or other supervision status with the department of |
| 664 | Juvenile Justice, or is committed to the minimum-risk |
| 665 | nonresidential restrictiveness level, the court shall order the |
| 666 | parent of such child to pay to the department a fee for the cost |
| 667 | of the supervision of such child in the amount of $1 per day for |
| 668 | each day that the child is in such supervision status. |
| 669 | Section 9. Subsection (3) of section 985.316, Florida |
| 670 | Statutes, is amended to read: |
| 671 | 985.316 Conditional release.-- |
| 672 | (3) For juveniles referred or committed to the department, |
| 673 | the function of the department may include, but shall not be |
| 674 | limited to, assessing each committed juvenile placed in a |
| 675 | residential commitment program to determine the need for |
| 676 | conditional release services upon release from the a commitment |
| 677 | program, supervising the juvenile when released into the |
| 678 | community from a residential commitment facility of the |
| 679 | department, providing such counseling and other services as may |
| 680 | be necessary for the families and assisting their preparations |
| 681 | for the return of the child. Subject to specific appropriation, |
| 682 | the department shall provide for outpatient sexual offender |
| 683 | counseling for any juvenile sexual offender released from a |
| 684 | residential commitment program as a component of conditional |
| 685 | release. |
| 686 | Section 10. Section 985.403, Florida Statutes, is |
| 687 | repealed. |
| 688 | Section 11. Task Force on Juvenile Sexual Offenders and |
| 689 | their Victims.-- |
| 690 | (1) On or before August 1, 2005, there shall be created a |
| 691 | task force to review and evaluate the state's laws that define |
| 692 | and address juvenile sex offenders and the Department of |
| 693 | Juvenile Justice's practices and procedures for serving these |
| 694 | offenders and their victims. The task force shall make findings |
| 695 | that include, but are not limited to: identification of statutes |
| 696 | that address juvenile sexual offenders; a profile of the acts |
| 697 | committed by each juvenile placed in juvenile sexual offender |
| 698 | programming in this state between July 2000 and June 2005 and an |
| 699 | assessment of the appropriateness of those placements based upon |
| 700 | the acts committed; identification of community-based and |
| 701 | residential commitment programming available for juvenile sexual |
| 702 | offenders and an assessment of such programming's effectiveness; |
| 703 | and identification of qualifications required for staff who |
| 704 | serve juvenile sexual offenders. Based on its findings, the task |
| 705 | force shall make recommendations for the improvement of the |
| 706 | state's laws, policies, programs, and funding for juvenile |
| 707 | sexual offenders, and such recommendations shall specifically |
| 708 | include, but are not limited to, identification of criteria that |
| 709 | should be satisfied prior to placement of a juvenile in juvenile |
| 710 | sexual offender programming. |
| 711 | (2) The Governor shall appoint up to 12 members to the |
| 712 | task force. The task force shall be composed of representatives |
| 713 | who shall include, but are not limited to: a circuit court judge |
| 714 | with at least 1 year's experience in the juvenile division, a |
| 715 | state attorney with at least 1 year's experience in the juvenile |
| 716 | division, a public defender with at least 1 year's experience in |
| 717 | the juvenile division, one representative of the Department of |
| 718 | Juvenile Justice, two representatives of providers of juvenile |
| 719 | sexual offender services, one member of the Florida Juvenile |
| 720 | Justice Association, one member of the Florida Association for |
| 721 | the Treatment of Sexual Abusers, and one victim of a juvenile |
| 722 | sexual offense. |
| 723 | (3) The task force shall submit a written report of its |
| 724 | findings and recommendations to the Governor, the President of |
| 725 | the Senate, and the Speaker of the House of Representatives by |
| 726 | December 1, 2005. |
| 727 | (4) Administrative support for the task force shall be |
| 728 | provided by the Department of Juvenile Justice. Members of the |
| 729 | task force shall receive no salary from the state beyond the |
| 730 | salary already received from their sponsoring agency, if any, |
| 731 | and are not entitled to reimbursement for travel and per diem |
| 732 | expenses. |
| 733 | (5) The task force shall be dissolved upon submission of |
| 734 | its report. |
| 735 | Section 12. Task force to study certification for juvenile |
| 736 | justice provider staff.-- |
| 737 | (1) On or before August 1, 2005, there shall be created a |
| 738 | task force to study the feasibility of establishing a |
| 739 | certification process for staff employed by a provider under |
| 740 | contract with the Department of Juvenile Justice to provide |
| 741 | juvenile justice services to youth. |
| 742 | (2) The Governor shall appoint up to 12 members to the |
| 743 | task force. The task force shall be composed of representatives |
| 744 | who shall include, but are not limited to, the following: two |
| 745 | representatives of the Department of Juvenile Justice, two |
| 746 | representatives of providers of juvenile justice services, two |
| 747 | members of the Florida Juvenile Justice Association, two |
| 748 | provider employees who provide direct care services, and two |
| 749 | representatives of the Florida Certification Board. |
| 750 | (3) The task force shall consider the feasibility of |
| 751 | implementing and operating a certification system for staff who |
| 752 | work in juvenile justice facilities, services, or programs. At a |
| 753 | minimum, the task force shall consider and make recommendations |
| 754 | concerning: per diem levels, the occupational levels of staff |
| 755 | subject to certification, the criteria that may be used to |
| 756 | certify staff, the levels of certification, and a process for |
| 757 | testing and validating the effectiveness of any recommended |
| 758 | staff certification system. In making its recommendations, the |
| 759 | task force shall make findings regarding the benefits of a staff |
| 760 | certification system for the state's juvenile justice |
| 761 | programming and the cost to implement such a system. |
| 762 | (4) The task force shall submit a written report of its |
| 763 | findings and recommendations to the Governor, the President of |
| 764 | the Senate, and the Speaker of the House of Representatives by |
| 765 | January 1, 2006. |
| 766 | (5) Administrative support for the task force shall be |
| 767 | provided by the Department of Juvenile Justice. Members of the |
| 768 | task force shall receive no salary from the state beyond the |
| 769 | salary already received from their sponsoring agency, if any, |
| 770 | and are not entitled to reimbursement for travel and per diem |
| 771 | expenses. |
| 772 | (6) The task force shall be dissolved upon submission of |
| 773 | its report. |
| 774 | Section 13. Subsection (4) of section 985.404, Florida |
| 775 | Statutes, is amended to read: |
| 776 | 985.404 Administering the juvenile justice continuum.-- |
| 777 | (4) The department may transfer a child, when necessary to |
| 778 | appropriately administer the child's commitment, from: |
| 779 | (a) A residential commitment one facility or program to |
| 780 | another facility or program operated, contracted, subcontracted, |
| 781 | or designated by the department, including a postcommitment |
| 782 | nonresidential conditional release program. The department shall |
| 783 | notify the court that committed the child to the residential |
| 784 | restrictiveness level department and any attorney of record, in |
| 785 | writing, of its intent to transfer the child from a residential |
| 786 | commitment facility or program to another facility or program of |
| 787 | a higher or lower restrictiveness level. The court that |
| 788 | committed the child may agree to the transfer or may set a |
| 789 | hearing to review the transfer. If the court does not respond |
| 790 | within 10 days after receipt of the notice, the transfer of the |
| 791 | child shall be deemed granted. |
| 792 | (b) A nonresidential commitment facility or program to |
| 793 | another facility or program operated, contracted, subcontracted, |
| 794 | or designated by the department, including a postcommitment |
| 795 | nonresidential conditional release program. The department shall |
| 796 | notify the court that committed the child to the nonresidential |
| 797 | restrictiveness level and any attorney of record, in writing, of |
| 798 | its intent to transfer the child from a nonresidential |
| 799 | commitment facility or program to a residential commitment |
| 800 | facility or program. Upon receipt of the notice, the court that |
| 801 | committed the child may set a hearing to review the transfer, |
| 802 | after which the court shall issue a written order granting or |
| 803 | denying the transfer or may, without setting a hearing, issue a |
| 804 | written order granting or denying the transfer. No child shall |
| 805 | be transferred by the department from the nonresidential |
| 806 | restrictiveness level to a residential restrictiveness level |
| 807 | prior to the department receiving a written court order granting |
| 808 | the transfer. |
| 809 | Section 14. Subsections (2) and (10) of section 985.4135, |
| 810 | Florida Statutes, are amended to read: |
| 811 | 985.4135 Juvenile justice circuit boards and juvenile |
| 812 | justice county councils.-- |
| 813 | (2) Each juvenile justice county council shall: |
| 814 | (a) Develop a juvenile justice prevention and early |
| 815 | intervention plan for the county and shall collaborate with the |
| 816 | circuit board and other county councils assigned to that circuit |
| 817 | in the development of a comprehensive plan for the circuit. |
| 818 | (b) Develop, with the cooperation of county commissioners, |
| 819 | school board officials, representatives of governing bodies for |
| 820 | local municipalities, and representatives of local law |
| 821 | enforcement agencies, criteria to be considered by a law |
| 822 | enforcement officer when determining whether to refer a youth to |
| 823 | a juvenile assessment center. |
| 824 | (10) Membership of the juvenile justice county councils, |
| 825 | or juvenile justice circuit boards established under subsection |
| 826 | (9), may must include representatives from the following |
| 827 | entities: |
| 828 | (a) Representatives from the school district, which may |
| 829 | include elected school board officials, the school |
| 830 | superintendent, school or district administrators, teachers, and |
| 831 | counselors. |
| 832 | (b) Representatives of the board of county commissioners. |
| 833 | (c) Representatives of the governing bodies of local |
| 834 | municipalities within the county. |
| 835 | (d) A representative of the corresponding circuit or |
| 836 | regional entity of the Department of Children and Family |
| 837 | Services. |
| 838 | (e) Representatives of local law enforcement agencies, |
| 839 | including the sheriff or the sheriff's designee. |
| 840 | (f) Representatives of the judicial system. |
| 841 | (g) Representatives of the business community. |
| 842 | (h) Representatives of other interested officials, groups, |
| 843 | or entities, including, but not limited to, a children's |
| 844 | services council, public or private providers of juvenile |
| 845 | justice programs and services, students, parents, and advocates. |
| 846 | Private providers of juvenile justice programs may not exceed |
| 847 | one-third of the voting membership. |
| 848 | (i) Representatives of the faith community. |
| 849 | (j) Representatives of victim-service programs and victims |
| 850 | of crimes. |
| 851 | (k) Representatives of the Department of Corrections. |
| 852 | Section 15. Subsection (4) of section 985.407, Florida |
| 853 | Statutes, is amended to read: |
| 854 | 985.407 Departmental contracting powers; personnel |
| 855 | standards and screening.-- |
| 856 | (4)(a) For any person employed by the department, or by a |
| 857 | provider under contract with the department, in delinquency |
| 858 | facilities, services, or programs, the department shall require: |
| 859 | 1. A level 2 employment screening pursuant to chapter 435 |
| 860 | prior to employment, using the level 1 standards for screening |
| 861 | set forth in that chapter, for personnel in delinquency |
| 862 | facilities, services, and programs. |
| 863 | 2. A federal criminal records check by the Federal Bureau |
| 864 | of Investigation every 5 years following the date of the |
| 865 | person's employment. |
| 866 | (b) Except for law enforcement, correctional, and |
| 867 | correctional probation officers, to whom s. 943.13(5) applies, |
| 868 | the department shall electronically submit to the Department of |
| 869 | Law Enforcement: |
| 870 | 1. Fingerprint information obtained during the employment |
| 871 | screening required by subparagraph (a)1. |
| 872 | 2. Beginning on December 15, 2005, fingerprint information |
| 873 | for all persons employed by the department, or by a provider |
| 874 | under contract with the department, in delinquency facilities, |
| 875 | services, or programs if such fingerprint information has not |
| 876 | previously been electronically submitted to the Department of |
| 877 | Law Enforcement under this paragraph. |
| 878 | (c) All fingerprint information electronically submitted |
| 879 | to the Department of Law Enforcement under paragraph (b) shall |
| 880 | be retained by the Department of Law Enforcement and entered |
| 881 | into the statewide automated fingerprint identification system |
| 882 | authorized by s. 943.05(2)(b). Thereafter, such fingerprint |
| 883 | information shall be available for all purposes and uses |
| 884 | authorized for arrest fingerprint information entered into the |
| 885 | statewide automated fingerprint identification system pursuant |
| 886 | to s. 943.051 until the fingerprint information is removed |
| 887 | pursuant to paragraph (e). The Department of Law Enforcement |
| 888 | shall search all arrest fingerprint information received |
| 889 | pursuant to s. 943.051 against the fingerprint information |
| 890 | entered into the statewide automated fingerprint system pursuant |
| 891 | to this subsection. Any arrest records identified as a result of |
| 892 | the search shall be reported to the department in the manner and |
| 893 | timeframe established by the Department of Law Enforcement by |
| 894 | rule. |
| 895 | (d) The department shall pay an annual fee to the |
| 896 | Department of Law Enforcement for its costs resulting from the |
| 897 | fingerprint information retention services required by this |
| 898 | subsection. The amount of the annual fee and procedures for the |
| 899 | submission and retention of fingerprint information and for the |
| 900 | dissemination of search results shall be established by the |
| 901 | Department of Law Enforcement by a rule that is applicable to |
| 902 | the department individually pursuant to this subsection or that |
| 903 | is applicable to the department and other employing agencies |
| 904 | pursuant to rulemaking authority otherwise provided by law. |
| 905 | (e) The department shall notify the Department of Law |
| 906 | Enforcement when a person whose fingerprint information is |
| 907 | retained by the Department of Law Enforcement under this |
| 908 | subsection is no longer employed by the department, or by a |
| 909 | provider under contract with the department, in a delinquency |
| 910 | facility, service, or program. This notice shall be provided by |
| 911 | the department to the Department of Law Enforcement no later |
| 912 | than 6 months after the date of the change in the person's |
| 913 | employment status. Fingerprint information for persons |
| 914 | identified by the department in the notice shall be removed from |
| 915 | the statewide automated fingerprint system. |
| 916 | Section 16. The sums of $36,834 in recurring funds and |
| 917 | $86,407 in nonrecurring funds are appropriated from the General |
| 918 | Revenue Fund to the Department of Juvenile Justice for expenses |
| 919 | for the 2005-2006 fiscal year. The sum of $133,335 in recurring |
| 920 | funds is appropriated from the Administrative Trust Fund to the |
| 921 | Department of Juvenile Justice for expenses for the 2005-2006 |
| 922 | fiscal year. |
| 923 | Section 17. Section 784.075, Florida Statutes, is amended |
| 924 | to read: |
| 925 | 784.075 Battery on detention or commitment facility staff |
| 926 | or a juvenile probation officer.--A person who commits a battery |
| 927 | on a juvenile probation officer, as defined in s. 984.03 or s. |
| 928 | 985.03, on other staff of a detention center or facility as |
| 929 | defined in s. 984.03(19) or s. 985.03(19), or on a staff member |
| 930 | of a commitment facility as defined in s. 985.03(45), commits a |
| 931 | felony of the third degree, punishable as provided in s. |
| 932 | 775.082, s. 775.083, or s. 775.084. For purposes of this |
| 933 | section, a staff member of the facilities listed includes |
| 934 | persons employed by the Department of Juvenile Justice, persons |
| 935 | employed at facilities licensed by the Department of Juvenile |
| 936 | Justice, and persons employed at facilities operated under a |
| 937 | contract with the Department of Juvenile Justice. |
| 938 | Section 18. Section 984.05, Florida Statutes, is amended |
| 939 | to read: |
| 940 | 984.05 Rules relating to habitual truants; adoption by |
| 941 | State Board of Education and Department of Juvenile |
| 942 | Justice.--The Department of Juvenile Justice and the State Board |
| 943 | of Education shall work together on the development of, and |
| 944 | shall adopt, rules as necessary for the implementation of ss. |
| 945 | 984.03(27), 985.03(26)(25), and 1003.27. |
| 946 | Section 19. Paragraph (e) of subsection (3) and paragraph |
| 947 | (a) of subsection (4) of section 985.31, Florida Statutes, are |
| 948 | amended, and for the purpose of incorporating the amendment to |
| 949 | section 985.231, Florida Statutes, in references thereto, |
| 950 | paragraph (k) of subsection (3) of said section is reenacted to |
| 951 | read: |
| 952 | 985.31 Serious or habitual juvenile offender.-- |
| 953 | (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND |
| 954 | TREATMENT.-- |
| 955 | (e) After a child has been adjudicated delinquent pursuant |
| 956 | to s. 985.228, the court shall determine whether the child meets |
| 957 | the criteria for a serious or habitual juvenile offender |
| 958 | pursuant to s. 985.03(49)(48). If the court determines that the |
| 959 | child does not meet such criteria, the provisions of s. |
| 960 | 985.231(1) shall apply. |
| 961 | (k) Any commitment of a child to the department for |
| 962 | placement in a serious or habitual juvenile offender program or |
| 963 | facility shall be for an indeterminate period of time, but the |
| 964 | time shall not exceed the maximum term of imprisonment which an |
| 965 | adult may serve for the same offense. Notwithstanding the |
| 966 | provisions of ss. 743.07 and 985.231(1)(d), a serious or |
| 967 | habitual juvenile offender shall not be held under commitment |
| 968 | from a court pursuant to this section, s. 985.231, or s. 985.233 |
| 969 | after becoming 21 years of age. This provision shall apply only |
| 970 | for the purpose of completing the serious or habitual juvenile |
| 971 | offender program pursuant to this chapter and shall be used |
| 972 | solely for the purpose of treatment. |
| 973 | (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- |
| 974 | (a) Pursuant to the provisions of this section, the |
| 975 | department shall implement the comprehensive assessment |
| 976 | instrument for the treatment needs of serious or habitual |
| 977 | juvenile offenders and for the assessment, which assessment |
| 978 | shall include the criteria under s. 985.03(49)(48) and shall |
| 979 | also include, but not be limited to, evaluation of the child's: |
| 980 | 1. Amenability to treatment. |
| 981 | 2. Proclivity toward violence. |
| 982 | 3. Tendency toward gang involvement. |
| 983 | 4. Substance abuse or addiction and the level thereof. |
| 984 | 5. History of being a victim of child abuse or sexual |
| 985 | abuse, or indication of sexual behavior dysfunction. |
| 986 | 6. Number and type of previous adjudications, findings of |
| 987 | guilt, and convictions. |
| 988 | 7. Potential for rehabilitation. |
| 989 | Section 20. Subsection (2) of section 985.3141, Florida |
| 990 | Statutes, is amended to read: |
| 991 | 985.3141 Escapes from secure detention or residential |
| 992 | commitment facility.--An escape from: |
| 993 | (2) Any residential commitment facility described in s. |
| 994 | 985.03(46)(45), maintained for the custody, treatment, |
| 995 | punishment, or rehabilitation of children found to have |
| 996 | committed delinquent acts or violations of law; or |
| 997 |
|
| 998 | constitutes escape within the intent and meaning of s. 944.40 |
| 999 | and is a felony of the third degree, punishable as provided in |
| 1000 | s. 775.082, s. 775.083, or s. 775.084. |
| 1001 | Section 21. For the purpose of incorporating the amendment |
| 1002 | to section 985.231, Florida Statutes, in a reference thereto, |
| 1003 | paragraph (a) of subsection (4) of section 985.201, Florida |
| 1004 | Statutes, is reenacted to read: |
| 1005 | 985.201 Jurisdiction.-- |
| 1006 | (4)(a) Notwithstanding ss. 743.07, 985.229, 985.23, and |
| 1007 | 985.231, and except as provided in ss. 985.31 and 985.313, when |
| 1008 | the jurisdiction of any child who is alleged to have committed a |
| 1009 | delinquent act or violation of law is obtained, the court shall |
| 1010 | retain jurisdiction, unless relinquished by its order, until the |
| 1011 | child reaches 19 years of age, with the same power over the |
| 1012 | child that the court had prior to the child becoming an adult. |
| 1013 | Section 22. For the purpose of incorporating the amendment |
| 1014 | to section 985.231, Florida Statutes, in a reference thereto, |
| 1015 | paragraph (b) of subsection (4) of section 985.233, Florida |
| 1016 | Statutes, is reenacted to read: |
| 1017 | 985.233 Sentencing powers; procedures; alternatives for |
| 1018 | juveniles prosecuted as adults.-- |
| 1019 | (4) SENTENCING ALTERNATIVES.-- |
| 1020 | (b) Sentencing to juvenile sanctions.--For juveniles |
| 1021 | transferred to adult court but who do not qualify for such |
| 1022 | transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or |
| 1023 | (b), the court may impose juvenile sanctions under this |
| 1024 | paragraph. If juvenile sentences are imposed, the court shall, |
| 1025 | pursuant to this paragraph, adjudge the child to have committed |
| 1026 | a delinquent act. Adjudication of delinquency shall not be |
| 1027 | deemed a conviction, nor shall it operate to impose any of the |
| 1028 | civil disabilities ordinarily resulting from a conviction. The |
| 1029 | court shall impose an adult sanction or a juvenile sanction and |
| 1030 | may not sentence the child to a combination of adult and |
| 1031 | juvenile punishments. An adult sanction or a juvenile sanction |
| 1032 | may include enforcement of an order of restitution or probation |
| 1033 | previously ordered in any juvenile proceeding. However, if the |
| 1034 | court imposes a juvenile sanction and the department determines |
| 1035 | that the sanction is unsuitable for the child, the department |
| 1036 | shall return custody of the child to the sentencing court for |
| 1037 | further proceedings, including the imposition of adult |
| 1038 | sanctions. Upon adjudicating a child delinquent under subsection |
| 1039 | (1), the court may: |
| 1040 | 1. Place the child in a probation program under the |
| 1041 | supervision of the department for an indeterminate period of |
| 1042 | time until the child reaches the age of 19 years or sooner if |
| 1043 | discharged by order of the court. |
| 1044 | 2. Commit the child to the department for treatment in an |
| 1045 | appropriate program for children for an indeterminate period of |
| 1046 | time until the child is 21 or sooner if discharged by the |
| 1047 | department. The department shall notify the court of its intent |
| 1048 | to discharge no later than 14 days prior to discharge. Failure |
| 1049 | of the court to timely respond to the department's notice shall |
| 1050 | be considered approval for discharge. |
| 1051 | 3. Order disposition pursuant to s. 985.231 as an |
| 1052 | alternative to youthful offender or adult sentencing if the |
| 1053 | court determines not to impose youthful offender or adult |
| 1054 | sanctions. |
| 1055 |
|
| 1056 | It is the intent of the Legislature that the criteria and |
| 1057 | guidelines in this subsection are mandatory and that a |
| 1058 | determination of disposition under this subsection is subject to |
| 1059 | the right of the child to appellate review under s. 985.234. |
| 1060 | Section 23. For the purpose of incorporating the amendment |
| 1061 | to section 985.231, Florida Statutes, in a reference thereto, |
| 1062 | paragraph (e) of subsection (3) of section 985.311, Florida |
| 1063 | Statutes, is reenacted to read: |
| 1064 | 985.311 Intensive residential treatment program for |
| 1065 | offenders less than 13 years of age.-- |
| 1066 | (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND |
| 1067 | TREATMENT.-- |
| 1068 | (e) After a child has been adjudicated delinquent pursuant |
| 1069 | to s. 985.228(5), the court shall determine whether the child is |
| 1070 | eligible for an intensive residential treatment program for |
| 1071 | offenders less than 13 years of age pursuant to s. 985.03(7). If |
| 1072 | the court determines that the child does not meet the criteria, |
| 1073 | the provisions of s. 985.231(1) shall apply. |
| 1074 |
|
| 1075 | ================= T I T L E A M E N D M E N T ================= |
| 1076 | On page 44, line 17, through page 46, line 12, |
| 1077 | remove: all of said lines |
| 1078 |
|
| 1079 | and insert: |
| 1080 | creating the minimum-risk nonresidential restrictiveness |
| 1081 | level; providing that temporary release may be granted |
| 1082 | under specified conditions to youth committed to the high- |
| 1083 | risk residential restrictiveness level; providing that |
| 1084 | high-risk residential facilities may be environmentally |
| 1085 | secure; amending s. 985.207, F.S.; providing that a child |
| 1086 | may be taken into custody for absconding from a |
| 1087 | nonresidential commitment facility; providing for a child |
| 1088 | to be taken into custody for a violation of adjudication |
| 1089 | order conditions; amending s. 985.208, F.S.; providing |
| 1090 | that a child may be taken into custody for absconding from |
| 1091 | a nonresidential commitment facility; amending s. 985.215, |
| 1092 | F.S.; permitting detention until disposition for |
| 1093 | adjudicated youth who have a history of failing to appear; |
| 1094 | providing for release from detention for a child who has |
| 1095 | absconded; providing exceptions that permit a child to be |
| 1096 | placed in detention postadjudication for more than 15 |
| 1097 | days; conforming a cross reference; providing for |
| 1098 | detention for committed children awaiting placement; |
| 1099 | providing secure detention for children awaiting minimum- |
| 1100 | risk placement who violate home or nonsecure detention or |
| 1101 | electronic monitoring; providing for limited secure |
| 1102 | detention for children being transported to residential |
| 1103 | commitment programs; requiring the state to pay certain |
| 1104 | detention care costs for juveniles in certain counties for |
| 1105 | fiscal year 2005-2006; amending s. 985.228, F.S.; |
| 1106 | requiring the court to include specified conditions in an |
| 1107 | order of adjudication of delinquency that are applicable |
| 1108 | to a youth for the postadjudication and predisposition |
| 1109 | period; defining a term; providing for contempt of court |
| 1110 | proceedings for a violation of adjudication order |
| 1111 | conditions; providing sanctions; amending s. 985.231, |
| 1112 | F.S.; revising provisions relating to powers of |
| 1113 | disposition; providing the maximum length for a minimum- |
| 1114 | risk nonresidential commitment for a second degree |
| 1115 | misdemeanor; providing that the department or a provider |
| 1116 | report quarterly to the court the child's treatment plan |
| 1117 | progress; making conforming changes; amending s. 985.2311, |
| 1118 | F.S.; requiring parents to pay fees for costs of |
| 1119 | supervision related to minimum-risk nonresidential |
| 1120 | commitment; amending s. 985.316, F.S.; providing for |
| 1121 | assessment of residentially committed youth for |
| 1122 | conditional release services; repealing s. 985.403, F.S., |
| 1123 | relating to the Task Force on Juvenile Sexual Offenders |
| 1124 | and their Victims; creating a new task force on juvenile |
| 1125 | sexual offenders and their victims; providing powers and |
| 1126 | duties; providing membership; requiring a report; |
| 1127 | providing for administrative support; providing for |
| 1128 | dissolution of the task force; creating a task force to |
| 1129 | study the certification of professional staff working for |
| 1130 | a provider of juvenile justice services; providing |
| 1131 | membership; requiring the task force to consider the |
| 1132 | feasibility of implementing and operating a certification |
| 1133 | system for professional staff; requiring the task force to |
| 1134 | consider specified issues; directing the task force to |
| 1135 | recommend a process for testing and validating the |
| 1136 | effectiveness of the recommended staff development system; |
| 1137 | requiring the task force to prepare and submit a report of |
| 1138 | its deliberations and recommendations by a specified date; |
| 1139 | providing for administrative support; providing for |
| 1140 | dissolution of the task force; amending s. 985.404, F.S.; |
| 1141 | requiring the court to issue written orders granting or |
| 1142 | denying specified department?requested transfers for youth |
| 1143 | committed to the minimum-risk restrictiveness level; |
| 1144 | permitting the court to conduct a hearing; prohibiting |
| 1145 | specified department-requested transfers prior to |
| 1146 | department receipt of a written court order granting the |
| 1147 | transfer; amending s. 985.4135, F.S.; requiring juvenile |
| 1148 | justice county councils to develop criteria for law |
| 1149 | enforcement referrals to juvenile assessment centers; |
| 1150 | providing for permissible representation on juvenile |
| 1151 | justice county councils or circuit boards; amending s. |
| 1152 | 985.407, F.S.; changing the level of background screening |
| 1153 | required for certain department and provider employees |
| 1154 | from level 1 to level 2; requiring federal criminal |
| 1155 | records checks every 5 years for certain department and |
| 1156 | provider employees; providing for electronic submission of |
| 1157 | specified fingerprint information; providing for retention |
| 1158 | of specified fingerprint information; providing for |
| 1159 | searches; requiring the adoption of rules; providing for |
| 1160 | an annual fee; providing for notice of changes in the |
| 1161 | employment status of persons whose fingerprint information |
| 1162 | is retained; requiring the removal of fingerprint |
| 1163 | information upon the occurrence of specified events; |
| 1164 | providing appropriations; amending ss. 784.075, 984.05, |
| 1165 | 985.31, and 985.3141, F.S.; conforming cross references; |
| 1166 | reenacting ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k), |
| 1167 | and 985.311(3)(e), F.S., relating to jurisdiction, |
| 1168 | sentencing alternatives, commitment of serious or habitual |
| 1169 | juvenile offenders, and eligibility for an intensive |
| 1170 | residential treatment program for offenders less than 13 |
| 1171 | years of age, respectively, to incorporate the amendment |
| 1172 | to s. 985.231, F.S., in reference thereto; providing an |