Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 500116
CHAMBER ACTION
Senate House
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11 Senator Crist moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 985.03, Florida Statutes, is
18 amended to read:
As When used in this chapter, the
20 term:
21 (1) "Addictions receiving facility" means a substance
22 abuse service provider as defined in chapter 397.
23 (2) "Adjudicatory hearing" means a hearing for the
24 court to determine whether or not the facts support the
25 allegations stated in the petition, as is provided for under
26 s. 985.228 in delinquency cases.
27 (3) "Adult" means any natural person other than a
28 child.
29 (4) "Arbitration" means a process whereby a neutral
30 third person or panel, called an arbitrator or an arbitration
31 panel, considers the facts and arguments presented by the
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1 parties and renders a decision which may be binding or
2 nonbinding.
3 (5) "Authorized agent" or "designee" of the department
4 means a person or agency assigned or designated by the
5 department of Juvenile Justice or the Department of Children
6 and Family Services, as appropriate, to perform duties or
7 exercise powers under pursuant to this chapter and includes
8 contract providers and their employees for purposes of
9 providing services to and managing cases of children in need
10 of services and families in need of services.
11 (6) "Child" or "juvenile" or "youth" means any
12 unmarried person under the age of 18 who has not been
13 emancipated by order of the court and who has been found or
14 alleged to be dependent, in need of services, or from a family
15 in need of services; or any married or unmarried person who is
16 charged with a violation of law occurring prior to the time
17 that person reached the age of 18 years.
18 (7) "Child eligible for an intensive residential
19 treatment program for offenders less than 13 years of age"
20 means a child who has been found to have committed a
21 delinquent act or a violation of law in the case currently
22 before the court and who meets at least one of the following
23 criteria:
24 (a) The child is less than 13 years of age at the time
25 of the disposition for the current offense and has been
26 adjudicated on the current offense for:
27 1. Arson;
28 2. Sexual battery;
29 3. Robbery;
30 4. Kidnapping;
31 5. Aggravated child abuse;
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1 6. Aggravated assault;
2 7. Aggravated stalking;
3 8. Murder;
4 9. Manslaughter;
5 10. Unlawful throwing, placing, or discharging of a
6 destructive device or bomb;
7 11. Armed burglary;
8 12. Aggravated battery;
9 13. Any lewd or lascivious offense committed upon or
10 in the presence of a person less than 16 years of age; or
11 14. Carrying, displaying, using, threatening, or
12 attempting to use a weapon or firearm during the commission of
13 a felony.
14 (b) The child is less than 13 years of age at the time
15 of the disposition, the current offense is a felony, and the
16 child has previously been committed at least once to a
17 delinquency commitment program.
18 (c) The child is less than 13 years of age and is
19 currently committed for a felony offense and transferred from
20 a moderate-risk or high-risk residential commitment placement.
21 (8) "Child in need of services" means a child for whom
22 there is no pending investigation into an allegation or
23 suspicion of abuse, neglect, or abandonment; no pending
24 referral alleging the child is delinquent; or no current
25 supervision by the department of Juvenile Justice or the
26 Department of Children and Family Services for an adjudication
27 of dependency or delinquency. The child must also, under
28 pursuant to this chapter, be found by the court:
29 (a) To have persistently run away from the child's
30 parents or legal custodians despite reasonable efforts of the
31 child, the parents or legal custodians, and appropriate
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1 agencies to remedy the conditions contributing to the
2 behavior. Reasonable efforts shall include voluntary
3 participation by the child's parents or legal custodians and
4 the child in family mediation, services, and treatment offered
5 by the department of Juvenile Justice or the Department of
6 Children and Family Services;
7 (b) To be habitually truant from school, while subject
8 to compulsory school attendance, despite reasonable efforts to
9 remedy the situation under pursuant to ss. 1003.26 and 1003.27
10 and through voluntary participation by the child's parents or
11 legal custodians and by the child in family mediation,
12 services, and treatment offered by the Department of Juvenile
13 Justice or the Department of Children and Family Services; or
14 (c) To have persistently disobeyed the reasonable and
15 lawful demands of the child's parents or legal custodians, and
16 to be beyond their control despite efforts by the child's
17 parents or legal custodians and appropriate agencies to remedy
18 the conditions contributing to the behavior. Reasonable
19 efforts may include such things as good faith participation in
20 family or individual counseling.
21 (9) "Child who has been found to have committed a
22 delinquent act" means a child who, under pursuant to the
23 provisions of this chapter, is found by a court to have
24 committed a violation of law or to be in direct or indirect
25 contempt of court, except that this definition does shall not
26 include an act constituting contempt of court arising out of a
27 dependency proceeding or a proceeding under pursuant to part
28 III of this chapter.
29 (10) "Child support" means a court-ordered obligation,
30 enforced under chapter 61 and ss. 409.2551-409.2597, for
31 monetary support for the care, maintenance, training, and
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1 education of a child.
2 (11) "Circuit" means any of the 20 judicial circuits
3 as set forth in s. 26.021.
4 (12) "Comprehensive assessment" or "assessment" means
5 the gathering of information for the evaluation of a juvenile
6 offender's or a child's physical, psychological, educational,
7 vocational, and social condition and family environment as
8 they relate to the child's need for rehabilitative and
9 treatment services, including substance abuse treatment
10 services, mental health services, developmental services,
11 literacy services, medical services, family services, and
12 other specialized services, as appropriate.
13 (13) "Conditional release" means the care, treatment,
14 help, and supervision provided to a juvenile released from a
15 residential commitment program which is intended to promote
16 rehabilitation and prevent recidivism. The purpose of
17 conditional release is to protect the public, reduce
18 recidivism, increase responsible productive behavior, and
19 provide for a successful transition of the youth from the
20 department to the family. Conditional release includes, but is
21 not limited to, nonresidential community-based programs.
22 (14) "Court," unless otherwise expressly stated, means
23 the circuit court assigned to exercise jurisdiction under this
24 chapter.
25 (15) "Day treatment" means a nonresidential,
26 community-based program designed to provide therapeutic
27 intervention to youth who are placed on probation or
28 conditional release or are committed to the minimum-risk
29 nonresidential level. A day treatment program may provide
30 educational and vocational services and shall provide
31 case-management services; individual, group, and family
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1 counseling; training designed to address delinquency risk
2 factors; and monitoring of a youth's compliance with, and
3 facilitation of a youth's completion of, sanctions if ordered
4 by the court. Program types may include, but are not limited
5 to, career programs, marine programs, juvenile justice
6 alternative schools, training and rehabilitation programs, and
7 gender-specific programs.
8 (16)(a)(15)(a) "Delinquency program" means any intake,
9 probation, or similar program; regional detention center or
10 facility; or community-based program, whether owned and
11 operated by or contracted by the department of Juvenile
12 Justice, or institution owned and operated by or contracted by
13 the department of Juvenile Justice, which provides intake,
14 supervision, or custody and care of children who are alleged
15 to be or who have been found to be delinquent under pursuant
16 to part II.
17 (b) "Delinquency program staff" means supervisory and
18 direct care staff of a delinquency program as well as support
19 staff who have direct contact with children in a delinquency
20 program.
21 (c) "Delinquency prevention programs" means programs
22 designed for the purpose of reducing the occurrence of
23 delinquency, including youth and street gang activity, and
24 juvenile arrests. The term excludes arbitration, diversionary
25 or mediation programs, and community service work or other
26 treatment available subsequent to a child committing a
27 delinquent act.
28 (17)(16) "Department" means the Department of Juvenile
29 Justice.
30 (18)(17) "Designated facility" or "designated
31 treatment facility" means any facility designated by the
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1 department of Juvenile Justice to provide treatment to
2 juvenile offenders.
3 (19)(18) "Detention care" means the temporary care of
4 a child in secure, nonsecure, or home detention, pending a
5 court adjudication or disposition or execution of a court
6 order. There are three types of detention care, as follows:
7 (a) "Secure detention" means temporary custody of the
8 child while the child is under the physical restriction of a
9 detention center or facility pending adjudication,
10 disposition, or placement.
11 (b) "Nonsecure detention" means temporary custody of
12 the child while the child is in a residential home in the
13 community in a physically nonrestrictive environment under the
14 supervision of the Department of Juvenile Justice pending
15 adjudication, disposition, or placement.
16 (c) "Home detention" means temporary custody of the
17 child while the child is released to the custody of the
18 parent, guardian, or custodian in a physically nonrestrictive
19 environment under the supervision of the department of
20 Juvenile Justice staff pending adjudication, disposition, or
21 placement.
22 (20)(19) "Detention center or facility" means a
23 facility used pending court adjudication or disposition or
24 execution of court order for the temporary care of a child
25 alleged or found to have committed a violation of law. A
26 detention center or facility may provide secure or nonsecure
27 custody. A facility used for the commitment of adjudicated
28 delinquents shall not be considered a detention center or
29 facility.
30 (21)(20) "Detention hearing" means a hearing for the
31 court to determine if a child should be placed in temporary
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1 custody, as provided for under ss. 985.213 and 985.215 in
2 delinquency cases.
3 (22)(21) "Disposition hearing" means a hearing in
4 which the court determines the most appropriate dispositional
5 services in the least restrictive available setting provided
6 for under s. 985.231, in delinquency cases.
7 (23)(22) "Family" means a collective of persons,
8 consisting of a child and a parent, guardian, adult custodian,
9 or adult relative, in which:
10 (a) The persons reside in the same house or living
11 unit; or
12 (b) The parent, guardian, adult custodian, or adult
13 relative has a legal responsibility by blood, marriage, or
14 court order to support or care for the child.
15 (24)(23) "Family in need of services" means a family
16 that has a child for whom there is no pending investigation
17 into an allegation of abuse, neglect, or abandonment or no
18 current supervision by the department of Juvenile Justice or
19 the Department of Children and Family Services for an
20 adjudication of dependency or delinquency. The child must also
21 have been referred to a law enforcement agency or the
22 department of Juvenile Justice for:
23 (a) Running away from parents or legal custodians;
24 (b) Persistently disobeying reasonable and lawful
25 demands of parents or legal custodians, and being beyond their
26 control; or
27 (c) Habitual truancy from school.
28 (25)(24) "Foster care" means care provided a child in
29 a foster family or boarding home, group home, agency boarding
30 home, child care institution, or any combination thereof.
31 (26)(25) "Habitually truant" means that:
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1 (a) The child has 15 unexcused absences within 90
2 calendar days with or without the knowledge or justifiable
3 consent of the child's parent or legal guardian, is subject to
4 compulsory school attendance under s. 1003.21(1) and (2)(a),
5 and is not exempt under s. 1003.21(3), s. 1003.24, or any
6 other exemptions specified by law or the rules of the State
7 Board of Education.
8 (b) Escalating activities to determine the cause, and
9 to attempt the remediation, of the child's truant behavior
10 under ss. 1003.26 and 1003.27 have been completed.
11
12 If a child who is subject to compulsory school attendance is
13 responsive to the interventions described in ss. 1003.26 and
14 1003.27 and has completed the necessary requirements to pass
15 the current grade as indicated in the district pupil
16 progression plan, the child shall not be determined to be
17 habitually truant and shall be passed. If a child within the
18 compulsory school attendance age has 15 unexcused absences
19 within 90 calendar days or fails to enroll in school, the
20 state attorney may file a child-in-need-of-services petition.
21 Before Prior to filing a petition, the child must be referred
22 to the appropriate agency for evaluation. After consulting
23 with the evaluating agency, the state attorney may elect to
24 file a child-in-need-of-services petition.
25 (c) A school representative, designated according to
26 school board policy, and a juvenile probation officer of the
27 department of Juvenile Justice have jointly investigated the
28 truancy problem or, if that was not feasible, have performed
29 separate investigations to identify conditions that could be
30 contributing to the truant behavior; and if, after a joint
31 staffing of the case to determine the necessity for services,
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1 such services were determined to be needed, the persons who
2 performed the investigations met jointly with the family and
3 child to discuss any referral to appropriate community
4 agencies for economic services, family or individual
5 counseling, or other services required to remedy the
6 conditions that are contributing to the truant behavior.
7 (d) The failure or refusal of the parent or legal
8 guardian or the child to participate, or make a good faith
9 effort to participate, in the activities prescribed to remedy
10 the truant behavior, or the failure or refusal of the child to
11 return to school after participation in activities required by
12 this subsection, or the failure of the child to stop the
13 truant behavior after the school administration and the
14 department of Juvenile Justice have worked with the child as
15 described in s. 1003.27(3) shall be handled as prescribed in
16 s. 1003.27.
17 (27)(26) "Halfway house" means a community-based
18 residential program for 10 or more committed delinquents at
19 the moderate-risk commitment level which is operated or
20 contracted by the department of Juvenile Justice.
21 (28)(27) "Intake" means the initial acceptance and
22 screening by the department of Juvenile Justice of a complaint
23 or a law enforcement report or probable cause affidavit of
24 delinquency, family in need of services, or child in need of
25 services to determine the recommendation to be taken in the
26 best interests of the child, the family, and the community.
27 The emphasis of intake is on diversion and the least
28 restrictive available services. Consequently, intake includes
29 such alternatives as:
30 (a) The disposition of the complaint, report, or
31 probable cause affidavit without court or public agency action
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1 or judicial handling when appropriate.
2 (b) The referral of the child to another public or
3 private agency when appropriate.
4 (c) The recommendation by the juvenile probation
5 officer of judicial handling when appropriate and warranted.
6 (29)(28) "Judge" means the circuit judge exercising
7 jurisdiction pursuant to this chapter.
8 (30)(29) "Juvenile justice continuum" includes, but is
9 not limited to, delinquency prevention programs and services
10 designed for the purpose of preventing or reducing delinquent
11 acts, including criminal activity by youth gangs, and juvenile
12 arrests, as well as programs and services targeted at children
13 who have committed delinquent acts, and children who have
14 previously been committed to residential treatment programs
15 for delinquents. The term includes
16 children-in-need-of-services and families-in-need-of-services
17 programs; conditional release; substance abuse and mental
18 health programs; educational and career programs; recreational
19 programs; community services programs; community service work
20 programs; and alternative dispute resolution programs serving
21 children at risk of delinquency and their families, whether
22 offered or delivered by state or local governmental entities,
23 public or private for-profit or not-for-profit organizations,
24 or religious or charitable organizations.
25 (31)(30) "Juvenile probation officer" means the
26 authorized agent of the department of Juvenile Justice who
27 performs the intake, case management, or supervision
28 functions.
29 (32)(31) "Juvenile sexual offender" means:
30 (a) A juvenile who has been found by the court under
31 pursuant to s. 985.228 to have committed a violation of
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1 chapter 794, chapter 796, chapter 800, s. 827.071, or s.
2 847.0133;
3 (b) A juvenile found to have committed any felony
4 violation of law or delinquent act involving juvenile sexual
5 abuse. "Juvenile sexual abuse" means any sexual behavior which
6 occurs without consent, without equality, or as a result of
7 coercion. For purposes of this subsection, the following
8 definitions apply:
9 1. "Coercion" means the exploitation of authority, use
10 of bribes, threats of force, or intimidation to gain
11 cooperation or compliance.
12 2. "Equality" means two participants operating with
13 the same level of power in a relationship, neither being
14 controlled nor coerced by the other.
15 3. "Consent" means an agreement including all of the
16 following:
17 a. Understanding what is proposed based on age,
18 maturity, developmental level, functioning, and experience.
19 b. Knowledge of societal standards for what is being
20 proposed.
21 c. Awareness of potential consequences and
22 alternatives.
23 d. Assumption that agreement or disagreement will be
24 accepted equally.
25 e. Voluntary decision.
26 f. Mental competence.
27
28 Juvenile sexual offender behavior ranges from noncontact
29 sexual behavior such as making obscene phone calls,
30 exhibitionism, voyeurism, and the showing or taking of lewd
31 photographs to varying degrees of direct sexual contact, such
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1 as frottage, fondling, digital penetration, rape, fellatio,
2 sodomy, and various other sexually aggressive acts.
3 (33)(32) "Legal custody or guardian" means a legal
4 status created by court order or letter of guardianship which
5 vests in a custodian of the person or guardian, whether an
6 agency or an individual, the right to have physical custody of
7 the child and the right and duty to protect, train, and
8 discipline the child and to provide him or her with food,
9 shelter, education, and ordinary medical, dental, psychiatric,
10 and psychological care.
11 (34)(33) "Licensed child-caring agency" means a
12 person, society, association, or agency licensed by the
13 Department of Children and Family Services to care for,
14 receive, and board children.
15 (35)(34) "Licensed health care professional" means a
16 physician licensed under chapter 458, an osteopathic physician
17 licensed under chapter 459, a nurse licensed under part I of
18 chapter 464, a physician assistant licensed under chapter 458
19 or chapter 459, or a dentist licensed under chapter 466.
20 (36)(35) "Likely to injure oneself" means that, as
21 evidenced by violent or other actively self-destructive
22 behavior, it is more likely than not that within a 24-hour
23 period the child will attempt to commit suicide or inflict
24 serious bodily harm on himself or herself.
25 (37)(36) "Likely to injure others" means that it is
26 more likely than not that within a 24-hour period the child
27 will inflict serious and unjustified bodily harm on another
28 person.
29 (38)(37) "Mediation" means a process whereby a neutral
30 third person called a mediator acts to encourage and
31 facilitate the resolution of a dispute between two or more
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1 parties. It is an informal and nonadversarial process with
2 the objective of helping the disputing parties reach a
3 mutually acceptable and voluntary agreement. In mediation,
4 decisionmaking authority rests with the parties. The role of
5 the mediator includes, but is not limited to, assisting the
6 parties in identifying issues, fostering joint problem
7 solving, and exploring settlement alternatives.
8 (39)(38) "Necessary medical treatment" means care
9 which is necessary within a reasonable degree of medical
10 certainty to prevent the deterioration of a child's condition
11 or to alleviate immediate pain of a child.
12 (40)(39) "Next of kin" means an adult relative of a
13 child who is the child's brother, sister, grandparent, aunt,
14 uncle, or first cousin.
15 (41)(40) "Parent" means a woman who gives birth to a
16 child and a man whose consent to the adoption of the child
17 would be required under s. 63.062(1). If a child has been
18 legally adopted, the term "parent" means the adoptive mother
19 or father of the child. The term does not include an
20 individual whose parental relationship to the child has been
21 legally terminated, or an alleged or prospective parent,
22 unless the parental status falls within the terms of either s.
23 39.503(1) or s. 63.062(1).
24 (42)(41) "Preliminary screening" means the gathering
25 of preliminary information to be used in determining a child's
26 need for further evaluation or assessment or for referral for
27 other substance abuse services through means such as
28 psychosocial interviews; urine and breathalyzer screenings;
29 and reviews of available educational, delinquency, and
30 dependency records of the child.
31 (43)(42) "Preventive services" means social services
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1 and other supportive and rehabilitative services provided to
2 the parent of the child, the legal guardian of the child, or
3 the custodian of the child and to the child for the purpose of
4 averting the removal of the child from the home or disruption
5 of a family which will or could result in the placement of a
6 child in foster care. Social services and other supportive
7 and rehabilitative services shall promote the child's need for
8 a safe, continuous, stable living environment and shall
9 promote family autonomy and shall strengthen family life as
10 the first priority whenever possible.
11 (44)(43) "Probation" means the legal status of
12 probation created by law and court order in cases involving a
13 child who has been found to have committed a delinquent act.
14 Probation is an individualized program in which the freedom of
15 the child is limited and the child is restricted to
16 noninstitutional quarters or restricted to the child's home in
17 lieu of commitment to the custody of the department of
18 Juvenile Justice. Youth on probation may be assessed and
19 classified for placement in day-treatment probation programs
20 designed for youth who represent a minimum risk to themselves
21 and public safety and do not require placement and services in
22 a residential setting. Program types in this more intensive
23 and structured day-treatment probation option include career
24 programs, marine programs, juvenile justice alternative
25 schools, training and rehabilitation programs, and
26 gender-specific programs.
27 (45)(44) "Relative" means a grandparent,
28 great-grandparent, sibling, first cousin, aunt, uncle,
29 great-aunt, great-uncle, niece, or nephew, whether related by
30 the whole or half blood, by affinity, or by adoption. The term
31 does not include a stepparent.
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1 (46)(45) "Restrictiveness Residential Commitment
2 level" means the level of programming and security provided by
3 programs that service the supervision, custody, care, and
4 treatment needs of committed children. Sections 985.3141 and
5 985.404(11) apply to children placed in programs at any
6 residential commitment level. The restrictiveness levels of
7 residential commitment are as follows:
8 (a) Minimum-risk nonresidential.--Programs or program
9 models at this commitment level work with youth who remain in
10 the community and participate at least 5 days per week in a
11 day treatment program. Youth assessed and classified for
12 programs at this commitment level represent a minimum risk to
13 themselves and public safety and do not require placement and
14 services in residential settings. Youth in this level have
15 full access to, and reside in, the community. Youth who have
16 been found to have committed delinquent acts that involve
17 firearms, that are sexual offenses, or that would be life
18 felonies or first-degree felonies if committed by an adult may
19 not be committed to a program at this level.
20 (b)(a) Low-risk residential.--Programs or program
21 models at this commitment level are residential but may allow
22 youth to have unsupervised access to the community. Youth
23 assessed and classified for placement in programs at this
24 commitment level represent a low risk to themselves and public
25 safety but do require placement and services in residential
26 settings. Children who have been found to have committed
27 delinquent acts that involve firearms, delinquent acts that
28 are sexual offenses, or delinquent acts that would be life
29 felonies or first degree felonies if committed by an adult
30 shall not be committed to a program at this level.
31 (c)(b) Moderate-risk residential.--Programs or program
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1 models at this commitment level are residential but may allow
2 youth to have supervised access to the community. Facilities
3 are either environmentally secure, staff secure, or are
4 hardware-secure with walls, fencing, or locking doors.
5 Facilities shall provide 24-hour awake supervision, custody,
6 care, and treatment of residents. Youth assessed and
7 classified for placement in programs at this commitment level
8 represent a moderate risk to public safety and require close
9 supervision. The staff at a facility at this commitment level
10 may seclude a child who is a physical threat to himself or
11 herself or others. Mechanical restraint may also be used when
12 necessary.
13 (d)(c) High-risk residential.--Programs or program
14 models at this commitment level are residential and do shall
15 not allow youth to have access to the community except that,
16 temporary release providing community access for up to 72
17 continuous hours may be approved by a court for a youth who
18 has made successful progress in his or her program in order
19 for the youth to attend a family emergency or, during the
20 final 60 days of his or her placement, to visit his or her
21 home, enroll in school or a vocational program, complete a job
22 interview, or participate in a community service project.
23 High-risk residential facilities are hardware-secure with
24 perimeter fencing and locking doors. Facilities shall provide
25 24-hour awake supervision, custody, care, and treatment of
26 residents. Youth assessed and classified for this level of
27 placement require close supervision in a structured
28 residential setting. Placement in programs at this level is
29 prompted by a concern for public safety that outweighs
30 placement in programs at lower commitment levels. The staff at
31 a facility at this commitment level may seclude a child who is
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1 a physical threat to himself or herself or others. Mechanical
2 restraint may also be used when necessary. The facility may
3 provide for single cell occupancy.
4 (e)(d) Maximum-risk residential.--Programs or program
5 models at this commitment level include juvenile correctional
6 facilities and juvenile prisons. The programs are long-term
7 residential and do shall not allow youth to have access to the
8 community. Facilities are maximum-custody hardware-secure
9 with perimeter security fencing and locking doors. Facilities
10 shall provide 24-hour awake supervision, custody, care, and
11 treatment of residents. The staff at a facility at this
12 commitment level may seclude a child who is a physical threat
13 to himself or herself or others. Mechanical restraint may
14 also be used when necessary. The facility shall provide for
15 single cell occupancy, except that youth may be housed
16 together during prerelease transition. Youth assessed and
17 classified for this level of placement require close
18 supervision in a maximum security residential setting.
19 Placement in a program at this level is prompted by a
20 demonstrated need to protect the public.
21 (47)(46) "Respite" means a placement that is available
22 for the care, custody, and placement of a youth charged with
23 domestic violence as an alternative to secure detention or for
24 placement of a youth when a shelter bed for a child in need of
25 services or a family in need of services is unavailable.
26 (48)(47) "Secure detention center or facility" means a
27 physically restricting facility for the temporary care of
28 children, pending adjudication, disposition, or placement.
29 (49)(48) "Serious or habitual juvenile offender," for
30 purposes of commitment to a residential facility and for
31 purposes of records retention, means a child who has been
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1 found to have committed a delinquent act or a violation of
2 law, in the case currently before the court, and who meets at
3 least one of the following criteria:
4 (a) The youth is at least 13 years of age at the time
5 of the disposition for the current offense and has been
6 adjudicated on the current offense for:
7 1. Arson;
8 2. Sexual battery;
9 3. Robbery;
10 4. Kidnapping;
11 5. Aggravated child abuse;
12 6. Aggravated assault;
13 7. Aggravated stalking;
14 8. Murder;
15 9. Manslaughter;
16 10. Unlawful throwing, placing, or discharging of a
17 destructive device or bomb;
18 11. Armed burglary;
19 12. Aggravated battery;
20 13. Any lewd or lascivious offense committed upon or
21 in the presence of a person less than 16 years of age; or
22 14. Carrying, displaying, using, threatening, or
23 attempting to use a weapon or firearm during the commission of
24 a felony.
25 (b) The youth is at least 13 years of age at the time
26 of the disposition, the current offense is a felony, and the
27 child has previously been committed at least two times to a
28 delinquency commitment program.
29 (c) The youth is at least 13 years of age and is
30 currently committed for a felony offense and transferred from
31 a moderate-risk or high-risk residential commitment placement.
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1 (50)(49) "Serious or habitual juvenile offender
2 program" means the program established in s. 985.31.
3 (51)(50) "Shelter" means a place for the temporary
4 care of a child who is alleged to be or who has been found to
5 be delinquent.
6 (52)(51) "Shelter hearing" means a hearing provided
7 for under s. 984.14 in family-in-need-of-services cases or
8 child-in-need-of-services cases.
9 (53)(52) "Staff-secure shelter" means a facility in
10 which a child is supervised 24 hours a day by staff members
11 who are awake while on duty. The facility is for the temporary
12 care and assessment of a child who has been found to be
13 dependent, who has violated a court order and been found in
14 contempt of court, or whom the Department of Children and
15 Family Services is unable to properly assess or place for
16 assistance within the continuum of services provided for
17 dependent children.
18 (54)(53) "Substance abuse" means using, without
19 medical reason, any psychoactive or mood-altering drug,
20 including alcohol, in such a manner as to induce impairment
21 resulting in dysfunctional social behavior.
22 (55)(54) "Taken into custody" means the status of a
23 child immediately when temporary physical control over the
24 child is attained by a person authorized by law, pending the
25 child's release, detention, placement, or other disposition as
26 authorized by law.
27 (56)(55) "Temporary legal custody" means the
28 relationship that a juvenile court creates between a child and
29 an adult relative of the child, adult nonrelative approved by
30 the court, or other person until a more permanent arrangement
31 is ordered. Temporary legal custody confers upon the custodian
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1 the right to have temporary physical custody of the child and
2 the right and duty to protect, train, and discipline the child
3 and to provide the child with food, shelter, and education,
4 and ordinary medical, dental, psychiatric, and psychological
5 care, unless these rights and duties are otherwise enlarged or
6 limited by the court order establishing the temporary legal
7 custody relationship.
8 (57)(56) "Temporary release" means the terms and
9 conditions under which a child is temporarily released from a
10 residential commitment facility or allowed home visits. If the
11 temporary release is from a moderate-risk residential
12 facility, a high-risk residential facility, or a maximum-risk
13 residential facility, the terms and conditions of the
14 temporary release must be approved by the child, the court,
15 and the facility. The term includes periods during which the
16 child is supervised pursuant to a conditional release program
17 or a period during which the child is supervised by a juvenile
18 probation officer or other nonresidential staff of the
19 department or staff employed by an entity under contract with
20 the department.
21 (58)(57) "Training school" means one of the following
22 facilities: the Arthur G. Dozier School or the Eckerd Youth
23 Development Center.
24 (59)(58) "Violation of law" or "delinquent act" means
25 a violation of any law of this state, the United States, or
26 any other state which is a misdemeanor or a felony or a
27 violation of a county or municipal ordinance which would be
28 punishable by incarceration if the violation were committed by
29 an adult.
30 (60)(59) "Waiver hearing" means a hearing provided for
31 under s. 985.226(3).
21
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1 Section 2. Paragraph (d) of subsection (1) of section
2 985.207, Florida Statutes, is amended to read:
3 985.207 Taking a child into custody.--
4 (1) A child may be taken into custody under the
5 following circumstances:
6 (d) By a law enforcement officer who has probable
7 cause to believe that the child is in violation of the
8 conditions of the child's probation, home detention,
9 postcommitment probation, or conditional release supervision,
10 has absconded from nonresidential commitment, or has escaped
11 from residential commitment.
12
13 Nothing in this subsection shall be construed to allow the
14 detention of a child who does not meet the detention criteria
15 in s. 985.215.
16 Section 3. Section 985.208, Florida Statutes, is
17 amended to read:
18 985.208 Detention of escapee or absconder on authority
19 of the department.--
20 (1) If an authorized agent of the department has
21 reasonable grounds to believe that any delinquent child
22 committed to the department has escaped from a residential
23 commitment facility of the department or from being lawfully
24 transported thereto or therefrom, or has absconded from a
25 nonresidential commitment facility, the agent may take the
26 child into active custody and may deliver the child to the
27 facility or, if it is closer, to a detention center for return
28 to the facility. However, a child may not be held in detention
29 longer than 24 hours, excluding Saturdays, Sundays, and legal
30 holidays, unless a special order so directing is made by the
31 judge after a detention hearing resulting in a finding that
22
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1 detention is required based on the criteria in s. 985.215(2).
2 The order shall state the reasons for such finding. The
3 reasons shall be reviewable by appeal or in habeas corpus
4 proceedings in the district court of appeal.
5 (2) Any sheriff or other law enforcement officer, upon
6 the request of the secretary of the department or duly
7 authorized agent, shall take a child who has escaped or
8 absconded from a residential commitment department facility
9 for committed delinquent children, or from being lawfully
10 transported thereto or therefrom, or has absconded from a
11 nonresidential commitment facility, into custody and deliver
12 the child to the appropriate juvenile probation officer of the
13 department.
14 Section 4. Subsections (2) and (10) of section
15 985.215, Florida Statutes, are amended to read:
16 985.215 Detention.--
17 (2) Subject to the provisions of subsection (1), a
18 child taken into custody and placed into nonsecure or home
19 detention care or detained in secure detention care prior to a
20 detention hearing may continue to be detained by the court if:
21 (a) The child is alleged to be an escapee from a
22 residential commitment program or an absconder from a
23 nonresidential commitment program, a probation program, or
24 conditional release supervision, or is alleged to have escaped
25 while being lawfully transported to or from a residential
26 commitment such program or supervision.
27 (b) The child is wanted in another jurisdiction for an
28 offense which, if committed by an adult, would be a felony.
29 (c) The child is charged with a delinquent act or
30 violation of law and requests in writing through legal counsel
31 to be detained for protection from an imminent physical threat
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1 to his or her personal safety.
2 (d) The child is charged with committing an offense of
3 domestic violence as defined in s. 741.28 and is detained as
4 provided in s. 985.213(2)(b)3.
5 (e) The child is charged with possession or
6 discharging a firearm on school property in violation of s.
7 790.115.
8 (f) The child is charged with a capital felony, a life
9 felony, a felony of the first degree, a felony of the second
10 degree that does not involve a violation of chapter 893, or a
11 felony of the third degree that is also a crime of violence,
12 including any such offense involving the use or possession of
13 a firearm.
14 (g) The child is charged with any second degree or
15 third degree felony involving a violation of chapter 893 or
16 any third degree felony that is not also a crime of violence,
17 and the child:
18 1. Has a record of failure to appear at court hearings
19 after being properly notified in accordance with the Rules of
20 Juvenile Procedure;
21 2. Has a record of law violations prior to court
22 hearings;
23 3. Has already been detained or has been released and
24 is awaiting final disposition of the case;
25 4. Has a record of violent conduct resulting in
26 physical injury to others; or
27 5. Is found to have been in possession of a firearm.
28 (h) The child is alleged to have violated the
29 conditions of the child's probation or conditional release
30 supervision. However, a child detained under this paragraph
31 may be held only in a consequence unit as provided in s.
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1 985.231(1)(a)1.c. If a consequence unit is not available, the
2 child shall be placed on home detention with electronic
3 monitoring.
4 (i) The child is detained on a judicial order for
5 failure to appear and has previously willfully failed to
6 appear, after proper notice, for an adjudicatory hearing on
7 the same case regardless of the results of the risk assessment
8 instrument. A child may be held in secure detention for up to
9 72 hours in advance of the next scheduled court hearing
10 pursuant to this paragraph. The child's failure to keep the
11 clerk of court and defense counsel informed of a current and
12 valid mailing address where the child will receive notice to
13 appear at court proceedings does not provide an adequate
14 ground for excusal of the child's nonappearance at the
15 hearings.
16 (j) The child is detained on a judicial order for
17 failure to appear and has previously willfully failed to
18 appear, after proper notice, at two or more court hearings of
19 any nature on the same case regardless of the results of the
20 risk assessment instrument. A child may be held in secure
21 detention for up to 72 hours in advance of the next scheduled
22 court hearing pursuant to this paragraph. The child's failure
23 to keep the clerk of court and defense counsel informed of a
24 current and valid mailing address where the child will receive
25 notice to appear at court proceedings does not provide an
26 adequate ground for excusal of the child's nonappearance at
27 the hearings.
28
29 A child who meets any of these criteria and who is ordered to
30 be detained pursuant to this subsection shall be given a
31 hearing within 24 hours after being taken into custody. The
25
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1 purpose of the detention hearing is to determine the existence
2 of probable cause that the child has committed the delinquent
3 act or violation of law with which he or she is charged and
4 the need for continued detention, except when the child is
5 alleged to have absconded from a nonresidential commitment
6 program, in which case the court, at the detention hearing,
7 shall order that the child be released from detention and
8 returned to his or her nonresidential commitment program.
9 Unless a child is detained under paragraph (d) or paragraph
10 (e), the court shall use utilize the results of the risk
11 assessment performed by the juvenile probation officer and,
12 based on the criteria in this subsection, shall determine the
13 need for continued detention. A child placed into secure,
14 nonsecure, or home detention care may continue to be so
15 detained by the court pursuant to this subsection. If the
16 court orders a placement more restrictive than indicated by
17 the results of the risk assessment instrument, the court shall
18 state, in writing, clear and convincing reasons for such
19 placement. Except as provided in s. 790.22(8) or in
20 subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),
21 or paragraph (10)(d), when a child is placed into secure or
22 nonsecure detention care, or into a respite home or other
23 placement pursuant to a court order following a hearing, the
24 court order must include specific instructions that direct the
25 release of the child from such placement no later than 5 p.m.
26 on the last day of the detention period specified in paragraph
27 (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
28 whichever is applicable, unless the requirements of such
29 applicable provision have been met or an order of continuance
30 has been granted pursuant to paragraph (5)(f).
31 (10)(a)1. When a child is committed to the department
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1 of Juvenile Justice awaiting dispositional placement, removal
2 of the child from detention care shall occur within 5 days,
3 excluding Saturdays, Sundays, and legal holidays. Any child
4 held in secure detention during the 5 days must meet detention
5 admission criteria pursuant to this section. If the child is
6 committed to a moderate-risk residential program, the
7 department may seek an order from the court authorizing
8 continued detention for a specific period of time necessary
9 for the appropriate residential placement of the child.
10 However, such continued detention in secure detention care may
11 not exceed 15 days after commitment, excluding Saturdays,
12 Sundays, and legal holidays, and except as otherwise provided
13 in this subsection.
14 2. The court must place all children who are
15 adjudicated and awaiting placement in a residential commitment
16 program in detention care. Children who are in home detention
17 care or nonsecure detention care may be placed on electronic
18 monitoring.
19 (b) A child who is placed in home detention care,
20 nonsecure detention care, or home or nonsecure detention care
21 with electronic monitoring, while awaiting placement in a
22 minimum-risk, low-risk, or moderate-risk program, may be held
23 in secure detention care for 5 days, if the child violates the
24 conditions of the home detention care, the nonsecure detention
25 care, or the electronic monitoring agreement. For any
26 subsequent violation, the court may impose an additional 5
27 days in secure detention care.
28 (c) If the child is committed to a high-risk
29 residential program, the child must be held in detention care
30 until placement or commitment is accomplished.
31 (d) If the child is committed to a maximum-risk
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1 residential program, the child must be held in detention care
2 until placement or commitment is accomplished.
3 (e) Upon specific appropriation, the department may
4 obtain comprehensive evaluations, including, but not limited
5 to, medical, academic, psychological, behavioral,
6 sociological, and vocational needs of a youth with multiple
7 arrests for all level criminal acts or a youth committed to a
8 minimum-risk or low-risk commitment program.
9 (f) Regardless of detention status, a child being
10 transported by the department to a residential commitment
11 facility of the department may be placed in secure detention
12 overnight, not to exceed a 24-hour period, for the specific
13 purpose of ensuring the safe delivery of the child to his or
14 her residential commitment program, court, appointment,
15 transfer, or release.
16 Section 5. Paragraphs (a) and (d) of subsection (1)
17 and subsection (2) of section 985.231, Florida Statutes, are
18 amended to read:
19 985.231 Powers of disposition in delinquency cases.--
20 (1)(a) The court that has jurisdiction of an
21 adjudicated delinquent child may, by an order stating the
22 facts upon which a determination of a sanction and
23 rehabilitative program was made at the disposition hearing:
24 1. Place the child in a probation program or a
25 postcommitment probation program under the supervision of an
26 authorized agent of the Department of Juvenile Justice or of
27 any other person or agency specifically authorized and
28 appointed by the court, whether in the child's own home, in
29 the home of a relative of the child, or in some other suitable
30 place under such reasonable conditions as the court may
31 direct. A probation program for an adjudicated delinquent
28
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1 child must include a penalty component such as restitution in
2 money or in kind, community service, a curfew, revocation or
3 suspension of the driver's license of the child, or other
4 nonresidential punishment appropriate to the offense and must
5 also include a rehabilitative program component such as a
6 requirement of participation in substance abuse treatment or
7 in school or other educational program. If the child is
8 attending or is eligible to attend public school and the court
9 finds that the victim or a sibling of the victim in the case
10 is attending or may attend the same school as the child, the
11 court placement order shall include a finding pursuant to the
12 proceedings described in s. 985.23(1)(d). Upon the
13 recommendation of the department at the time of disposition,
14 or subsequent to disposition pursuant to the filing of a
15 petition alleging a violation of the child's conditions of
16 postcommitment probation, the court may order the child to
17 submit to random testing for the purpose of detecting and
18 monitoring the use of alcohol or controlled substances.
19 a. A restrictiveness level classification scale for
20 levels of supervision shall be provided by the department,
21 taking into account the child's needs and risks relative to
22 probation supervision requirements to reasonably ensure the
23 public safety. Probation programs for children shall be
24 supervised by the department or by any other person or agency
25 specifically authorized by the court. These programs must
26 include, but are not limited to, structured or restricted
27 activities as described in this subparagraph, and shall be
28 designed to encourage the child toward acceptable and
29 functional social behavior. If supervision or a program of
30 community service is ordered by the court, the duration of
31 such supervision or program must be consistent with any
29
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1 treatment and rehabilitation needs identified for the child
2 and may not exceed the term for which sentence could be
3 imposed if the child were committed for the offense, except
4 that the duration of such supervision or program for an
5 offense that is a misdemeanor of the second degree, or is
6 equivalent to a misdemeanor of the second degree, may be for a
7 period not to exceed 6 months. When restitution is ordered by
8 the court, the amount of restitution may not exceed an amount
9 the child and the parent or guardian could reasonably be
10 expected to pay or make. A child who participates in any work
11 program under this part is considered an employee of the state
12 for purposes of liability, unless otherwise provided by law.
13 b. The court may conduct judicial review hearings for
14 a child placed on probation for the purpose of fostering
15 accountability to the judge and compliance with other
16 requirements, such as restitution and community service. The
17 court may allow early termination of probation for a child who
18 has substantially complied with the terms and conditions of
19 probation.
20 c. If the conditions of the probation program or the
21 postcommitment probation program are violated, the department
22 or the state attorney may bring the child before the court on
23 a petition alleging a violation of the program. Any child who
24 violates the conditions of probation or postcommitment
25 probation must be brought before the court if sanctions are
26 sought. A child taken into custody under s. 985.207 for
27 violating the conditions of probation or postcommitment
28 probation shall be held in a consequence unit if such a unit
29 is available. The child shall be afforded a hearing within 24
30 hours after being taken into custody to determine the
31 existence of probable cause that the child violated the
30
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1 conditions of probation or postcommitment probation. A
2 consequence unit is a secure facility specifically designated
3 by the department for children who are taken into custody
4 under s. 985.207 for violating probation or postcommitment
5 probation, or who have been found by the court to have
6 violated the conditions of probation or postcommitment
7 probation. If the violation involves a new charge of
8 delinquency, the child may be detained under s. 985.215 in a
9 facility other than a consequence unit. If the child is not
10 eligible for detention for the new charge of delinquency, the
11 child may be held in the consequence unit pending a hearing
12 and is subject to the time limitations specified in s.
13 985.215. If the child denies violating the conditions of
14 probation or postcommitment probation, the court shall appoint
15 counsel to represent the child at the child's request. Upon
16 the child's admission, or if the court finds after a hearing
17 that the child has violated the conditions of probation or
18 postcommitment probation, the court shall enter an order
19 revoking, modifying, or continuing probation or postcommitment
20 probation. In each such case, the court shall enter a new
21 disposition order and, in addition to the sanctions set forth
22 in this paragraph, may impose any sanction the court could
23 have imposed at the original disposition hearing. If the child
24 is found to have violated the conditions of probation or
25 postcommitment probation, the court may:
26 (I) Place the child in a consequence unit in that
27 judicial circuit, if available, for up to 5 days for a first
28 violation, and up to 15 days for a second or subsequent
29 violation.
30 (II) Place the child on home detention with electronic
31 monitoring. However, this sanction may be used only if a
31
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1 residential consequence unit is not available.
2 (III) Modify or continue the child's probation program
3 or postcommitment probation program.
4 (IV) Revoke probation or postcommitment probation and
5 commit the child to the department.
6 d. Notwithstanding s. 743.07 and paragraph (d), and
7 except as provided in s. 985.31, the term of any order placing
8 a child in a probation program must be until the child's 19th
9 birthday unless he or she is released by the court, on the
10 motion of an interested party or on its own motion.
11 2. Commit the child to a licensed child-caring agency
12 willing to receive the child, but the court may not commit the
13 child to a jail or to a facility used primarily as a detention
14 center or facility or shelter.
15 3. Commit the child to the department of Juvenile
16 Justice at a restrictiveness residential commitment level
17 defined in s. 985.03. Such commitment must be for the purpose
18 of exercising active control over the child, including, but
19 not limited to, custody, care, training, urine monitoring, and
20 treatment of the child and release of the child from
21 residential commitment into the community in a postcommitment
22 nonresidential conditional release program. If the child is
23 eligible to attend public school following residential
24 commitment and the court finds that the victim or a sibling of
25 the victim in the case is or may be attending the same school
26 as the child, the commitment order shall include a finding
27 pursuant to the proceedings described in s. 985.23(1)(d). If
28 the child is not successful in the conditional release
29 program, the department may use the transfer procedure under
30 s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and
31 except as provided in s. 985.31, the term of the commitment
32
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1 must be until the child is discharged by the department or
2 until he or she reaches the age of 21.
3 4. Revoke or suspend the driver's license of the
4 child.
5 5. Require the child and, if the court finds it
6 appropriate, the child's parent or guardian together with the
7 child, to render community service in a public service
8 program.
9 6. As part of the probation program to be implemented
10 by the Department of Juvenile Justice, or, in the case of a
11 committed child, as part of the community-based sanctions
12 ordered by the court at the disposition hearing or before the
13 child's release from commitment, order the child to make
14 restitution in money, through a promissory note cosigned by
15 the child's parent or guardian, or in kind for any damage or
16 loss caused by the child's offense in a reasonable amount or
17 manner to be determined by the court. The clerk of the circuit
18 court shall be the receiving and dispensing agent. In such
19 case, the court shall order the child or the child's parent or
20 guardian to pay to the office of the clerk of the circuit
21 court an amount not to exceed the actual cost incurred by the
22 clerk as a result of receiving and dispensing restitution
23 payments. The clerk shall notify the court if restitution is
24 not made, and the court shall take any further action that is
25 necessary against the child or the child's parent or guardian.
26 A finding by the court, after a hearing, that the parent or
27 guardian has made diligent and good faith efforts to prevent
28 the child from engaging in delinquent acts absolves the parent
29 or guardian of liability for restitution under this
30 subparagraph.
31 7. Order the child and, if the court finds it
33
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1 appropriate, the child's parent or guardian together with the
2 child, to participate in a community work project, either as
3 an alternative to monetary restitution or as part of the
4 rehabilitative or probation program.
5 8. Commit the child to the Department of Juvenile
6 Justice for placement in a program or facility for serious or
7 habitual juvenile offenders in accordance with s. 985.31. Any
8 commitment of a child to a program or facility for serious or
9 habitual juvenile offenders must be for an indeterminate
10 period of time, but the time may not exceed the maximum term
11 of imprisonment that an adult may serve for the same offense.
12 The court may retain jurisdiction over such child until the
13 child reaches the age of 21, specifically for the purpose of
14 the child completing the program.
15 9. In addition to the sanctions imposed on the child,
16 order the parent or guardian of the child to perform community
17 service if the court finds that the parent or guardian did not
18 make a diligent and good faith effort to prevent the child
19 from engaging in delinquent acts. The court may also order the
20 parent or guardian to make restitution in money or in kind for
21 any damage or loss caused by the child's offense. The court
22 shall determine a reasonable amount or manner of restitution,
23 and payment shall be made to the clerk of the circuit court as
24 provided in subparagraph 6.
25 10. Subject to specific appropriation, commit the
26 juvenile sexual offender to the Department of Juvenile Justice
27 for placement in a program or facility for juvenile sexual
28 offenders in accordance with s. 985.308. Any commitment of a
29 juvenile sexual offender to a program or facility for juvenile
30 sexual offenders must be for an indeterminate period of time,
31 but the time may not exceed the maximum term of imprisonment
34
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1 that an adult may serve for the same offense. The court may
2 retain jurisdiction over a juvenile sexual offender until the
3 juvenile sexual offender reaches the age of 21, specifically
4 for the purpose of completing the program.
5 (d) Any commitment of a delinquent child to the
6 Department of Juvenile Justice must be for an indeterminate
7 period of time, which may include periods of temporary
8 release; however, but the period of time may not exceed the
9 maximum term of imprisonment that an adult may serve for the
10 same offense, except that the duration of a minimum-risk,
11 nonresidential commitment for an offense that is a misdemeanor
12 of the second degree, or is equivalent to a misdemeanor of the
13 second degree, may be for a period not to exceed 6 months. The
14 duration of the child's placement in a residential commitment
15 program of any restrictiveness level shall be based on
16 objective performance-based treatment planning. The child's
17 treatment plan progress and adjustment-related issues shall be
18 reported to the court quarterly, unless the court requests
19 monthly reports each month. The child's length of stay in a
20 residential commitment program may be extended if the child
21 fails to comply with or participate in treatment activities.
22 The child's length of stay in such program shall not be
23 extended for purposes of sanction or punishment. Any temporary
24 release from such program must be approved by the court. Any
25 child so committed may be discharged from institutional
26 confinement or a program upon the direction of the department
27 with the concurrence of the court. The child's treatment plan
28 progress and adjustment-related issues must be communicated to
29 the court at the time the department requests the court to
30 consider releasing the child from the residential commitment
31 program. Notwithstanding s. 743.07 and this subsection, and
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1 except as provided in ss. 985.201 and 985.31, a child may not
2 be held under a commitment from a court under pursuant to this
3 section after becoming 21 years of age. The department shall
4 give the court that committed the child to the department
5 reasonable notice, in writing, of its desire to discharge the
6 child from a commitment facility. The court that committed the
7 child may thereafter accept or reject the request. If the
8 court does not respond within 10 days after receipt of the
9 notice, the request of the department shall be deemed granted.
10 This section does not limit the department's authority to
11 revoke a child's temporary release status and return the child
12 to a commitment facility for any violation of the terms and
13 conditions of the temporary release.
14 (2) Following a delinquency adjudicatory hearing
15 pursuant to s. 985.228 and a delinquency disposition hearing
16 pursuant to s. 985.23 which results in a commitment
17 determination, the court shall, on its own or upon request by
18 the state or the department, determine whether the protection
19 of the public requires that the child be placed in a program
20 for serious or habitual juvenile offenders and whether the
21 particular needs of the child would be best served by a
22 program for serious or habitual juvenile offenders as provided
23 in s. 985.31. The determination shall be made pursuant to ss.
24 985.03(49) ss. 985.03(48) and 985.23(3).
25 Section 6. Paragraph (a) of subsection (1) of section
26 985.2311, Florida Statutes, is amended to read:
27 985.2311 Cost of supervision; cost of care.--
28 (1) Except as provided in subsection (3) or subsection
29 (4):
30 (a) When any child is placed into home detention,
31 probation, or other supervision status with the Department of
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1 Juvenile Justice, or is committed to the minimum-risk,
2 nonresidential restrictiveness level, the court shall order
3 the parent of such child to pay to the department a fee for
4 the cost of the supervision of such child in the amount of $1
5 per day for each day that the child is in such supervision
6 status.
7 Section 7. Subsection (3) of section 985.316, Florida
8 Statutes, is amended to read:
9 985.316 Conditional release.--
10 (3) For juveniles referred or committed to the
11 department, the function of the department may include, but
12 shall not be limited to, assessing each committed juvenile
13 placed in a residential commitment program to determine the
14 need for conditional release services upon release from the a
15 commitment program, supervising the juvenile when released
16 into the community from a residential commitment facility of
17 the department, providing such counseling and other services
18 as may be necessary for the families and assisting their
19 preparations for the return of the child. Subject to specific
20 appropriation, the department shall provide for outpatient
21 sexual offender counseling for any juvenile sexual offender
22 released from a commitment program as a component of
23 conditional release.
24 Section 8. Section 985.403, Florida Statutes, is
25 repealed.
26 Section 9. Task force on juvenile sexual offenders and
27 their victims.--
28 (1) On or before August 1, 2005, the Department of
29 Juvenile Justice shall create a task force to review and
30 evaluate the state's laws that address juvenile sex offenders
31 and the department's practices and procedures for serving
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1 these offenders and their victims. The task force shall make
2 findings that include, but are not limited to, a profile of
3 this state's juvenile sex offenders and of dispositions
4 received by those offenders, identification of statutes that
5 address these offenders, identification of community-based and
6 commitment programming available for these offenders and of
7 such programming's effectiveness, the appropriateness and
8 rehabilitative efficacy of placing these offenders in
9 residential commitment programs, and identification of
10 qualifications required for staff who serve these offenders.
11 Based on its findings, the task force shall make
12 recommendations for how the state's laws, policies, programs,
13 and funding for juvenile sexual offenders may be improved.
14 (2) The Secretary of Juvenile Justice, or his or her
15 designee, shall appoint up to 12 members to the task force.
16 The task force shall be composed of representatives who shall
17 include, but are not limited to, the following: a circuit
18 court judge with at least 1 year's experience in the juvenile
19 division, a state attorney with at least 1 year's experience
20 in the juvenile division, a public defender with at least 1
21 year's experience in the juvenile division, one representative
22 of the Department of Juvenile Justice, two representatives of
23 providers of juvenile sexual offender services, one member of
24 the Florida Juvenile Justice Association, one member of the
25 Florida Association for the Treatment of Sexual Abusers, and
26 one victim of a juvenile sexual offense.
27 (3) The task force shall submit a written report of
28 its findings and recommendations to the Governor, the
29 President of the Senate, and the Speaker of the House of
30 Representatives by December 1, 2005.
31 (4) Administrative support for the task force shall be
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1 provided by the Department of Juvenile Justice. Members of the
2 task force shall receive no salary from the state beyond the
3 salary already received from their sponsoring agency, if any,
4 and are not entitled to reimbursement for travel and per diem
5 expenses.
6 (5) The task force shall be dissolved upon the
7 submission of its report.
8 Section 10. Task Force to study certification for
9 juvenile justice provider staff.--
10 (1) On or before August 1, 2005, the Department of
11 Juvenile Justice shall create a task force to study the
12 feasibility of establishing a certification process for staff
13 employed by a provider under contract with the Department of
14 Juvenile Justice to provide juvenile justice services to
15 youth.
16 (2) The Secretary of Juvenile Justice, or his or her
17 designee, shall appoint up to 12 members to the task force.
18 The task force shall be composed of representatives who shall
19 include, but are not limited to, the following: two
20 representatives of the Department of Juvenile Justice, two
21 representatives of providers of juvenile justice services, two
22 members of the Florida Juvenile Justice Association, two
23 provider employees who provide direct care services, and two
24 representatives of the Florida Certification Board.
25 (3) The task force shall consider the feasibility of
26 implementing and operating a certification system for staff
27 who work in juvenile justice facilities, services, or
28 programs. At a minimum, the task force shall consider, and
29 make recommendations concerning, the occupational levels of
30 staff subject to certification, the criteria that may be used
31 to certify staff, the levels of certification, and a process
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1 for testing and validating the effectiveness of any
2 recommended staff certification system. In making its
3 recommendations, the task force shall make findings regarding
4 the benefits of a staff certification system for this state's
5 juvenile justice programming and the cost to implement such a
6 system.
7 (4) The task force shall submit a written report of
8 its findings and recommendations to the Governor, the
9 President of the Senate, and the Speaker of the House of
10 Representatives by January 1, 2006.
11 (5) Administrative support for the task force shall be
12 provided by the Department of Juvenile Justice. Members of the
13 task force shall receive no salary from the state beyond the
14 salary already received from their sponsoring agency, if any,
15 and are not entitled to reimbursement for travel and per diem
16 expenses.
17 (6) The task force shall be dissolved upon the
18 submission of its report.
19 Section 11. Subsection (10) of section 985.4135,
20 Florida Statutes, is amended to read:
21 985.4135 Juvenile justice circuit boards and juvenile
22 justice county councils.--
23 (10) Membership of the juvenile justice county
24 councils, or juvenile justice circuit boards established under
25 subsection (9), may must include representatives from the
26 following entities:
27 (a) Representatives from the school district, which
28 may include elected school board officials, the school
29 superintendent, school or district administrators, teachers,
30 and counselors.
31 (b) Representatives of the board of county
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1 commissioners.
2 (c) Representatives of the governing bodies of local
3 municipalities within the county.
4 (d) A representative of the corresponding circuit or
5 regional entity of the Department of Children and Family
6 Services.
7 (e) Representatives of local law enforcement agencies,
8 including the sheriff or the sheriff's designee.
9 (f) Representatives of the judicial system.
10 (g) Representatives of the business community.
11 (h) Representatives of other interested officials,
12 groups, or entities, including, but not limited to, a
13 children's services council, public or private providers of
14 juvenile justice programs and services, students, parents, and
15 advocates. Private providers of juvenile justice programs may
16 not exceed one-third of the voting membership.
17 (i) Representatives of the faith community.
18 (j) Representatives of victim-service programs and
19 victims of crimes.
20 (k) Representatives of the Department of Corrections.
21 Section 12. Section 784.075, Florida Statutes, is
22 amended to read:
23 784.075 Battery on detention or commitment facility
24 staff or a juvenile probation officer.--A person who commits a
25 battery on a juvenile probation officer, as defined in s.
26 984.03 or s. 985.03, on other staff of a detention center or
27 facility as defined in s. 984.03(19) or s. 985.03(20) s.
28 985.03(19), or on a staff member of a commitment facility as
29 defined in s. 985.03(46) s. 985.03(45), commits a felony of
30 the third degree, punishable as provided in s. 775.082, s.
31 775.083, or s. 775.084. For purposes of this section, a staff
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1 member of the facilities listed includes persons employed by
2 the Department of Juvenile Justice, persons employed at
3 facilities licensed by the Department of Juvenile Justice, and
4 persons employed at facilities operated under a contract with
5 the Department of Juvenile Justice.
6 Section 13. Subsection (2) of section 985.231, Florida
7 Statutes, is amended to read:
8 985.231 Powers of disposition in delinquency cases.--
9 (2) Following a delinquency adjudicatory hearing
10 pursuant to s. 985.228 and a delinquency disposition hearing
11 pursuant to s. 985.23 which results in a commitment
12 determination, the court shall, on its own or upon request by
13 the state or the department, determine whether the protection
14 of the public requires that the child be placed in a program
15 for serious or habitual juvenile offenders and whether the
16 particular needs of the child would be best served by a
17 program for serious or habitual juvenile offenders as provided
18 in s. 985.31. The determination shall be made pursuant to ss.
19 985.03(49) ss. 985.03(48) and 985.23(3).
20 Section 14. Paragraph (e) of subsection (3) and
21 paragraph (a) of subsection (4) of section 985.31, Florida
22 Statutes, are amended to read:
23 985.31 Serious or habitual juvenile offender.--
24 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
25 TREATMENT.--
26 (e) After a child has been adjudicated delinquent
27 pursuant to s. 985.228, the court shall determine whether the
28 child meets the criteria for a serious or habitual juvenile
29 offender pursuant to s. 985.03(49) s. 985.03(48). If the court
30 determines that the child does not meet such criteria, the
31 provisions of s. 985.231(1) shall apply.
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1 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
2 (a) Pursuant to the provisions of this section, the
3 department shall implement the comprehensive assessment
4 instrument for the treatment needs of serious or habitual
5 juvenile offenders and for the assessment, which assessment
6 shall include the criteria under s. 985.03(49) s. 985.03(48)
7 and shall also include, but not be limited to, evaluation of
8 the child's:
9 1. Amenability to treatment.
10 2. Proclivity toward violence.
11 3. Tendency toward gang involvement.
12 4. Substance abuse or addiction and the level thereof.
13 5. History of being a victim of child abuse or sexual
14 abuse, or indication of sexual behavior dysfunction.
15 6. Number and type of previous adjudications, findings
16 of guilt, and convictions.
17 7. Potential for rehabilitation.
18 Section 15. Section 985.3141, Florida Statutes, is
19 amended to read:
20 985.3141 Escapes from secure detention or residential
21 commitment facility.--An escape from:
22 (1) Any secure detention facility maintained for the
23 temporary detention of children, pending adjudication,
24 disposition, or placement;
25 (2) Any residential commitment facility described in
26 s. 985.03(46) s. 985.03(45), maintained for the custody,
27 treatment, punishment, or rehabilitation of children found to
28 have committed delinquent acts or violations of law; or
29 (3) Lawful transportation to or from any such secure
30 detention facility or residential commitment facility,
31
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1 constitutes escape within the intent and meaning of s. 944.40
2 and is a felony of the third degree, punishable as provided in
3 s. 775.082, s. 775.083, or s. 775.084.
4 Section 16. This act shall take effect July 1, 2005.
5
6
7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
10
11 and insert:
12 A bill to be entitled
13 An act relating to juvenile justice; amending
14 s. 985.03, F.S.; redefining terms relating to
15 juvenile justice; redefining the terms "day
16 treatment" and "restrictiveness level";
17 amending s. 985.207, F.S.; clarifying when a
18 child who escapes from a residential commitment
19 or absconds from a nonresidential commitment
20 may be taken into custody; amending s. 985.208,
21 F.S.; providing that a child may be taken into
22 custody for absconding from a nonresidential
23 commitment facility; amending s. 985.215, F.S.;
24 providing for release from detention for a
25 child who has absconded; providing for
26 detention for committed children awaiting
27 placement; providing secure detention for
28 children awaiting minimum-risk placement who
29 violate home or nonsecure detention or
30 electronic monitoring; providing for secure
31 detention for children being transported to
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1 residential commitment programs; amending s.
2 985.2155, F.S.; defining the term "fiscally
3 constrained county"; amending s. 985.231, F.S.;
4 incorporating newly defined terms to clarify
5 the terms of a child's commitment; providing
6 for the maximum length of a minimum-risk,
7 nonresidential commitment for a child who
8 commits a second-degree misdemeanor; providing
9 that the department or a provider report
10 quarterly to the court the child's progress
11 with his or her treatment plan; conforming a
12 cross-reference; amending s. 985.2311, F.S.;
13 requiring parents to pay the costs of
14 supervision related to minimum-risk,
15 nonresidential commitment to the department;
16 amending s. 985.316, F.S.; providing for
17 assessment by the department of the need of
18 juveniles in residential commitment for
19 conditional release services; repealing s.
20 985.403, F.S., relating to the Task Force on
21 Juvenile Sexual Offenders and their Victims;
22 requiring the department to create a task force
23 on juvenile sexual offenders and their victims;
24 providing for membership, powers, duties, and
25 dissolution of the task force; requiring a
26 written report; directing the Department of
27 Juvenile Justice to provide administrative
28 support; prohibiting certain compensation or
29 reimbursement of task force members; requiring
30 the Department of Juvenile Justice to create a
31 task force to study certification for juvenile
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1 justice provider staff; providing for
2 membership, powers, duties and dissolution of
3 the task force; requiring a written report;
4 directing the department to provide
5 administrative support; prohibiting certain
6 compensation or reimbursement of task force
7 members; amending s. 985.4135, F.S.; providing
8 that membership of juvenile justice county
9 councils or circuit boards may, rather than
10 must, include certain entities; amending ss.
11 784.075, 985.231, 985.31, and 985.3141, F.S.;
12 conforming cross-references; providing an
13 effective date.
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