Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
CHAMBER ACTION
Senate House
.
.
1 AD . C
05/06/2005 08:38 PM . 05/06/2005 23:11:24
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Crist moved the following Senate amendment to House
12 amendment to Senate amendment (105381):
13
14 Senate Amendment (with title amendment)
15 On page 1, line 9, through page 32, line 823, delete
16 those lines
17
18 and insert: perimeter and locking doors. Facilities
19 shall provide 24-hour awake supervision, custody, care, and
20 treatment of residents. Youth assessed and classified for this
21 level of placement require close supervision in a structured
22 residential setting. Placement in programs at this level is
23 prompted by a concern for public safety that outweighs
24 placement in programs at lower commitment levels. The staff at
25 a facility at this commitment level may seclude a child who is
26 a physical threat to himself or herself or others. Mechanical
27 restraint may also be used when necessary. The facility may
28 provide for single cell occupancy.
29 (e)(d) Maximum-risk residential.--Programs or program
30 models at this commitment level include juvenile correctional
31 facilities and juvenile prisons. The programs are long-term
1
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 residential and do shall not allow youth to have access to the
2 community. Facilities are maximum-custody hardware-secure with
3 perimeter security fencing and locking doors. Facilities shall
4 provide 24-hour awake supervision, custody, care, and
5 treatment of residents. The staff at a facility at this
6 commitment level may seclude a child who is a physical threat
7 to himself or herself or others. Mechanical restraint may also
8 be used when necessary. The facility shall provide for single
9 cell occupancy, except that youth may be housed together
10 during prerelease transition. Youth assessed and classified
11 for this level of placement require close supervision in a
12 maximum security residential setting. Placement in a program
13 at this level is prompted by a demonstrated need to protect
14 the public.
15 (47)(46) "Respite" means a placement that is available
16 for the care, custody, and placement of a youth charged with
17 domestic violence as an alternative to secure detention or for
18 placement of a youth when a shelter bed for a child in need of
19 services or a family in need of services is unavailable.
20 (48)(47) "Secure detention center or facility" means a
21 physically restricting facility for the temporary care of
22 children, pending adjudication, disposition, or placement.
23 (49)(48) "Serious or habitual juvenile offender," for
24 purposes of commitment to a residential facility and for
25 purposes of records retention, means a child who has been
26 found to have committed a delinquent act or a violation of
27 law, in the case currently before the court, and who meets at
28 least one of the following criteria:
29 (a) The youth is at least 13 years of age at the time
30 of the disposition for the current offense and has been
31 adjudicated on the current offense for:
2
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 1. Arson;
2 2. Sexual battery;
3 3. Robbery;
4 4. Kidnapping;
5 5. Aggravated child abuse;
6 6. Aggravated assault;
7 7. Aggravated stalking;
8 8. Murder;
9 9. Manslaughter;
10 10. Unlawful throwing, placing, or discharging of a
11 destructive device or bomb;
12 11. Armed burglary;
13 12. Aggravated battery;
14 13. Any lewd or lascivious offense committed upon or
15 in the presence of a person less than 16 years of age; or
16 14. Carrying, displaying, using, threatening, or
17 attempting to use a weapon or firearm during the commission of
18 a felony.
19 (b) The youth is at least 13 years of age at the time
20 of the disposition, the current offense is a felony, and the
21 child has previously been committed at least two times to a
22 delinquency commitment program.
23 (c) The youth is at least 13 years of age and is
24 currently committed for a felony offense and transferred from
25 a moderate-risk or high-risk residential commitment placement.
26 (50)(49) "Serious or habitual juvenile offender
27 program" means the program established in s. 985.31.
28 (51)(50) "Shelter" means a place for the temporary
29 care of a child who is alleged to be or who has been found to
30 be delinquent.
31 (52)(51) "Shelter hearing" means a hearing provided
3
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 for under s. 984.14 in family-in-need-of-services cases or
2 child-in-need-of-services cases.
3 (53)(52) "Staff-secure shelter" means a facility in
4 which a child is supervised 24 hours a day by staff members
5 who are awake while on duty. The facility is for the temporary
6 care and assessment of a child who has been found to be
7 dependent, who has violated a court order and been found in
8 contempt of court, or whom the Department of Children and
9 Family Services is unable to properly assess or place for
10 assistance within the continuum of services provided for
11 dependent children.
12 (54)(53) "Substance abuse" means using, without
13 medical reason, any psychoactive or mood-altering drug,
14 including alcohol, in such a manner as to induce impairment
15 resulting in dysfunctional social behavior.
16 (55)(54) "Taken into custody" means the status of a
17 child immediately when temporary physical control over the
18 child is attained by a person authorized by law, pending the
19 child's release, detention, placement, or other disposition as
20 authorized by law.
21 (56)(55) "Temporary legal custody" means the
22 relationship that a juvenile court creates between a child and
23 an adult relative of the child, adult nonrelative approved by
24 the court, or other person until a more permanent arrangement
25 is ordered. Temporary legal custody confers upon the custodian
26 the right to have temporary physical custody of the child and
27 the right and duty to protect, train, and discipline the child
28 and to provide the child with food, shelter, and education,
29 and ordinary medical, dental, psychiatric, and psychological
30 care, unless these rights and duties are otherwise enlarged or
31 limited by the court order establishing the temporary legal
4
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 custody relationship.
2 (57)(56) "Temporary release" means the terms and
3 conditions under which a child is temporarily released from a
4 residential commitment facility or allowed home visits. If the
5 temporary release is from a moderate-risk residential
6 facility, a high-risk residential facility, or a maximum-risk
7 residential facility, the terms and conditions of the
8 temporary release must be approved by the child, the court,
9 and the facility. The term includes periods during which the
10 child is supervised pursuant to a conditional release program
11 or a period during which the child is supervised by a juvenile
12 probation officer or other nonresidential staff of the
13 department or staff employed by an entity under contract with
14 the department.
15 (58)(57) "Training school" means one of the following
16 facilities: the Arthur G. Dozier School or the Eckerd Youth
17 Development Center.
18 (59)(58) "Violation of law" or "delinquent act" means
19 a violation of any law of this state, the United States, or
20 any other state which is a misdemeanor or a felony or a
21 violation of a county or municipal ordinance which would be
22 punishable by incarceration if the violation were committed by
23 an adult.
24 (60)(59) "Waiver hearing" means a hearing provided for
25 under s. 985.226(3).
26 Section 2. Paragraph (d) of subsection (1) of section
27 985.207, Florida Statutes, is amended to read:
28 985.207 Taking a child into custody.--
29 (1) A child may be taken into custody under the
30 following circumstances:
31 (d) By a law enforcement officer who has probable
5
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 cause to believe that the child is in violation of the
2 conditions of the child's probation, home detention,
3 postcommitment probation, or conditional release supervision,
4 has absconded from nonresidential commitment, or has escaped
5 from residential commitment.
6
7 Nothing in this subsection shall be construed to allow the
8 detention of a child who does not meet the detention criteria
9 in s. 985.215.
10 Section 3. Section 985.208, Florida Statutes, is
11 amended to read:
12 985.208 Detention of escapee or absconder on authority
13 of the department.--
14 (1) If an authorized agent of the department has
15 reasonable grounds to believe that any delinquent child
16 committed to the department has escaped from a residential
17 commitment facility of the department or from being lawfully
18 transported thereto or therefrom, or has absconded from a
19 nonresidential commitment facility, the agent may take the
20 child into active custody and may deliver the child to the
21 facility or, if it is closer, to a detention center for return
22 to the facility. However, a child may not be held in detention
23 longer than 24 hours, excluding Saturdays, Sundays, and legal
24 holidays, unless a special order so directing is made by the
25 judge after a detention hearing resulting in a finding that
26 detention is required based on the criteria in s. 985.215(2).
27 The order shall state the reasons for such finding. The
28 reasons shall be reviewable by appeal or in habeas corpus
29 proceedings in the district court of appeal.
30 (2) Any sheriff or other law enforcement officer, upon
31 the request of the secretary of the department or duly
6
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 authorized agent, shall take a child who has escaped or
2 absconded from a residential commitment department facility
3 for committed delinquent children, or from being lawfully
4 transported thereto or therefrom, or has absconded from a
5 nonresidential commitment facility, into custody and deliver
6 the child to the appropriate juvenile probation officer of the
7 department.
8 Section 4. Subsections (2) and (10) of section
9 985.215, Florida Statutes, are amended to read:
10 985.215 Detention.--
11 (2) Subject to the provisions of subsection (1), a
12 child taken into custody and placed into nonsecure or home
13 detention care or detained in secure detention care prior to a
14 detention hearing may continue to be detained by the court if:
15 (a) The child is alleged to be an escapee from a
16 residential commitment program, or an absconder from a
17 nonresidential commitment program, a probation program, or
18 conditional release supervision, or is alleged to have escaped
19 while being lawfully transported to or from a residential
20 commitment such program or supervision.
21 (b) The child is wanted in another jurisdiction for an
22 offense which, if committed by an adult, would be a felony.
23 (c) The child is charged with a delinquent act or
24 violation of law and requests in writing through legal counsel
25 to be detained for protection from an imminent physical threat
26 to his or her personal safety.
27 (d) The child is charged with committing an offense of
28 domestic violence as defined in s. 741.28 and is detained as
29 provided in s. 985.213(2)(b)3.
30 (e) The child is charged with possession or
31 discharging a firearm on school property in violation of s.
7
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 790.115.
2 (f) The child is charged with a capital felony, a life
3 felony, a felony of the first degree, a felony of the second
4 degree that does not involve a violation of chapter 893, or a
5 felony of the third degree that is also a crime of violence,
6 including any such offense involving the use or possession of
7 a firearm.
8 (g) The child is charged with any second degree or
9 third degree felony involving a violation of chapter 893 or
10 any third degree felony that is not also a crime of violence,
11 and the child:
12 1. Has a record of failure to appear at court hearings
13 after being properly notified in accordance with the Rules of
14 Juvenile Procedure;
15 2. Has a record of law violations prior to court
16 hearings;
17 3. Has already been detained or has been released and
18 is awaiting final disposition of the case;
19 4. Has a record of violent conduct resulting in
20 physical injury to others; or
21 5. Is found to have been in possession of a firearm.
22 (h) The child is alleged to have violated the
23 conditions of the child's probation or conditional release
24 supervision. However, a child detained under this paragraph
25 may be held only in a consequence unit as provided in s.
26 985.231(1)(a)1.c. If a consequence unit is not available, the
27 child shall be placed on home detention with electronic
28 monitoring.
29 (i) The child is detained on a judicial order for
30 failure to appear and has previously willfully failed to
31 appear, after proper notice, for an adjudicatory hearing on
8
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 the same case regardless of the results of the risk assessment
2 instrument. A child may be held in secure detention for up to
3 72 hours in advance of the next scheduled court hearing
4 pursuant to this paragraph. The child's failure to keep the
5 clerk of court and defense counsel informed of a current and
6 valid mailing address where the child will receive notice to
7 appear at court proceedings does not provide an adequate
8 ground for excusal of the child's nonappearance at the
9 hearings.
10 (j) The child is detained on a judicial order for
11 failure to appear and has previously willfully failed to
12 appear, after proper notice, at two or more court hearings of
13 any nature on the same case regardless of the results of the
14 risk assessment instrument. A child may be held in secure
15 detention for up to 72 hours in advance of the next scheduled
16 court hearing pursuant to this paragraph. The child's failure
17 to keep the clerk of court and defense counsel informed of a
18 current and valid mailing address where the child will receive
19 notice to appear at court proceedings does not provide an
20 adequate ground for excusal of the child's nonappearance at
21 the hearings.
22
23 A child who meets any of these criteria and who is ordered to
24 be detained pursuant to this subsection shall be given a
25 hearing within 24 hours after being taken into custody. The
26 purpose of the detention hearing is to determine the existence
27 of probable cause that the child has committed the delinquent
28 act or violation of law with which he or she is charged and
29 the need for continued detention, except where the child is
30 alleged to have absconded from a nonresidential commitment
31 program in which case the court, at the detention hearing,
9
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 shall order that the child be released from detention and
2 returned to his or her nonresidential commitment program.
3 Unless a child is detained under paragraph (d) or paragraph
4 (e), the court shall use utilize the results of the risk
5 assessment performed by the juvenile probation officer and,
6 based on the criteria in this subsection, shall determine the
7 need for continued detention. A child placed into secure,
8 nonsecure, or home detention care may continue to be so
9 detained by the court pursuant to this subsection. If the
10 court orders a placement more restrictive than indicated by
11 the results of the risk assessment instrument, the court shall
12 state, in writing, clear and convincing reasons for such
13 placement. Except as provided in s. 790.22(8) or in
14 subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),
15 or paragraph (10)(d), when a child is placed into secure or
16 nonsecure detention care, or into a respite home or other
17 placement pursuant to a court order following a hearing, the
18 court order must include specific instructions that direct the
19 release of the child from such placement no later than 5 p.m.
20 on the last day of the detention period specified in paragraph
21 (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
22 whichever is applicable, unless the requirements of such
23 applicable provision have been met or an order of continuance
24 has been granted pursuant to paragraph (5)(f).
25 (5)
26 (d) Except as provided in paragraph (g), a child may
27 not be held in secure, nonsecure, or home detention care for
28 more than 15 days following the entry of an order of
29 adjudication.
30 (g) Upon good cause being shown that the nature of the
31 charge requires additional time for the prosecution or defense
10
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 of the case, the court may extend the time limits for
2 detention specified in paragraph (c) an additional 9 days if
3 the child is charged with an offense that would be, if
4 committed by an adult, a capital felony, a life felony, a
5 felony of the first degree, or a felony of the second degree
6 involving violence against any individual.
7 (10)(a)1. When a child is committed to the Department
8 of Juvenile Justice awaiting dispositional placement, removal
9 of the child from detention care shall occur within 5 days,
10 excluding Saturdays, Sundays, and legal holidays. Any child
11 held in secure detention during the 5 days must meet detention
12 admission criteria pursuant to this section. If the child is
13 committed to a moderate-risk residential program, the
14 department may seek an order from the court authorizing
15 continued detention for a specific period of time necessary
16 for the appropriate residential placement of the child.
17 However, such continued detention in secure detention care may
18 not exceed 15 days after commitment, excluding Saturdays,
19 Sundays, and legal holidays, and except as otherwise provided
20 in this subsection.
21 2. The court must place all children who are
22 adjudicated and awaiting placement in a residential commitment
23 program in detention care. Children who are in home detention
24 care or nonsecure detention care may be placed on electronic
25 monitoring.
26 (b) A child who is placed in home detention care,
27 nonsecure detention care, or home or nonsecure detention care
28 with electronic monitoring, while awaiting placement in a
29 minimum-risk, low-risk, or moderate-risk program, may be held
30 in secure detention care for 5 days, if the child violates the
31 conditions of the home detention care, the nonsecure detention
11
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 care, or the electronic monitoring agreement. For any
2 subsequent violation, the court may impose an additional 5
3 days in secure detention care.
4 (c) If the child is committed to a high-risk
5 residential program, the child must be held in detention care
6 until placement or commitment is accomplished.
7 (d) If the child is committed to a maximum-risk
8 residential program, the child must be held in detention care
9 until placement or commitment is accomplished.
10 (e) Upon specific appropriation, the department may
11 obtain comprehensive evaluations, including, but not limited
12 to, medical, academic, psychological, behavioral,
13 sociological, and vocational needs of a youth with multiple
14 arrests for all level criminal acts or a youth committed to a
15 minimum-risk or low-risk commitment program.
16 (f) Regardless of detention status, a child being
17 transported by the department to a residential commitment
18 facility of the department may be placed in secure detention
19 overnight, not to exceed a 24-hour period, for the specific
20 purpose of ensuring the safe delivery of the child to his or
21 her residential commitment program, court, appointment,
22 transfer, or release.
23 Section 5. Notwithstanding s. 985.2155, Florida
24 Statutes, as amended by ch. 2004-473, Laws of Florida, the
25 state, subject to appropriation, shall pay all costs of
26 detention care for juveniles for Highlands County, Sumter
27 County, and Wakulla County for fiscal year 2005-2006.
28 Section 6. Paragraphs (a) and (d) of subsection (1)
29 and subsection (2) of section 985.231, Florida Statutes, are
30 amended to read:
31 985.231 Powers of disposition in delinquency cases.--
12
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 (1)(a) The court that has jurisdiction of an
2 adjudicated delinquent child may, by an order stating the
3 facts upon which a determination of a sanction and
4 rehabilitative program was made at the disposition hearing:
5 1. Place the child in a probation program or a
6 postcommitment probation program under the supervision of an
7 authorized agent of the department of Juvenile Justice or of
8 any other person or agency specifically authorized and
9 appointed by the court, whether in the child's own home, in
10 the home of a relative of the child, or in some other suitable
11 place under such reasonable conditions as the court may
12 direct. A probation program for an adjudicated delinquent
13 child must include a penalty component such as restitution in
14 money or in kind, community service, a curfew, revocation or
15 suspension of the driver's license of the child, or other
16 nonresidential punishment appropriate to the offense and must
17 also include a rehabilitative program component such as a
18 requirement of participation in substance abuse treatment or
19 in school or other educational program. If the child is
20 attending or is eligible to attend public school and the court
21 finds that the victim or a sibling of the victim in the case
22 is attending or may attend the same school as the child, the
23 court placement order shall include a finding pursuant to the
24 proceedings described in s. 985.23(1)(d). Upon the
25 recommendation of the department at the time of disposition,
26 or subsequent to disposition pursuant to the filing of a
27 petition alleging a violation of the child's conditions of
28 postcommitment probation, the court may order the child to
29 submit to random testing for the purpose of detecting and
30 monitoring the use of alcohol or controlled substances.
31 a. A restrictiveness level classification scale for
13
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 levels of supervision shall be provided by the department,
2 taking into account the child's needs and risks relative to
3 probation supervision requirements to reasonably ensure the
4 public safety. Probation programs for children shall be
5 supervised by the department or by any other person or agency
6 specifically authorized by the court. These programs must
7 include, but are not limited to, structured or restricted
8 activities as described in this subparagraph, and shall be
9 designed to encourage the child toward acceptable and
10 functional social behavior. If supervision or a program of
11 community service is ordered by the court, the duration of
12 such supervision or program must be consistent with any
13 treatment and rehabilitation needs identified for the child
14 and may not exceed the term for which sentence could be
15 imposed if the child were committed for the offense, except
16 that the duration of such supervision or program for an
17 offense that is a misdemeanor of the second degree, or is
18 equivalent to a misdemeanor of the second degree, may be for a
19 period not to exceed 6 months. When restitution is ordered by
20 the court, the amount of restitution may not exceed an amount
21 the child and the parent or guardian could reasonably be
22 expected to pay or make. A child who participates in any work
23 program under this part is considered an employee of the state
24 for purposes of liability, unless otherwise provided by law.
25 b. The court may conduct judicial review hearings for
26 a child placed on probation for the purpose of fostering
27 accountability to the judge and compliance with other
28 requirements, such as restitution and community service. The
29 court may allow early termination of probation for a child who
30 has substantially complied with the terms and conditions of
31 probation.
14
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 c. If the conditions of the probation program or the
2 postcommitment probation program are violated, the department
3 or the state attorney may bring the child before the court on
4 a petition alleging a violation of the program. Any child who
5 violates the conditions of probation or postcommitment
6 probation must be brought before the court if sanctions are
7 sought. A child taken into custody under s. 985.207 for
8 violating the conditions of probation or postcommitment
9 probation shall be held in a consequence unit if such a unit
10 is available. The child shall be afforded a hearing within 24
11 hours after being taken into custody to determine the
12 existence of probable cause that the child violated the
13 conditions of probation or postcommitment probation. A
14 consequence unit is a secure facility specifically designated
15 by the department for children who are taken into custody
16 under s. 985.207 for violating probation or postcommitment
17 probation, or who have been found by the court to have
18 violated the conditions of probation or postcommitment
19 probation. If the violation involves a new charge of
20 delinquency, the child may be detained under s. 985.215 in a
21 facility other than a consequence unit. If the child is not
22 eligible for detention for the new charge of delinquency, the
23 child may be held in the consequence unit pending a hearing
24 and is subject to the time limitations specified in s.
25 985.215. If the child denies violating the conditions of
26 probation or postcommitment probation, the court shall appoint
27 counsel to represent the child at the child's request. Upon
28 the child's admission, or if the court finds after a hearing
29 that the child has violated the conditions of probation or
30 postcommitment probation, the court shall enter an order
31 revoking, modifying, or continuing probation or postcommitment
15
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 probation. In each such case, the court shall enter a new
2 disposition order and, in addition to the sanctions set forth
3 in this paragraph, may impose any sanction the court could
4 have imposed at the original disposition hearing. If the child
5 is found to have violated the conditions of probation or
6 postcommitment probation, the court may:
7 (I) Place the child in a consequence unit in that
8 judicial circuit, if available, for up to 5 days for a first
9 violation, and up to 15 days for a second or subsequent
10 violation.
11 (II) Place the child on home detention with electronic
12 monitoring. However, this sanction may be used only if a
13 residential consequence unit is not available.
14 (III) Modify or continue the child's probation program
15 or postcommitment probation program.
16 (IV) Revoke probation or postcommitment probation and
17 commit the child to the department.
18 d. Notwithstanding s. 743.07 and paragraph (d), and
19 except as provided in s. 985.31, the term of any order placing
20 a child in a probation program must be until the child's 19th
21 birthday unless he or she is released by the court, on the
22 motion of an interested party or on its own motion.
23 2. Commit the child to a licensed child-caring agency
24 willing to receive the child, but the court may not commit the
25 child to a jail or to a facility used primarily as a detention
26 center or facility or shelter.
27 3. Commit the child to the department of Juvenile
28 Justice at a restrictiveness residential commitment level
29 defined in s. 985.03. Such commitment must be for the purpose
30 of exercising active control over the child, including, but
31 not limited to, custody, care, training, urine monitoring, and
16
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 treatment of the child and release of the child from
2 residential commitment into the community in a postcommitment
3 nonresidential conditional release program. If the child is
4 eligible to attend public school following residential
5 commitment and the court finds that the victim or a sibling of
6 the victim in the case is or may be attending the same school
7 as the child, the commitment order shall include a finding
8 pursuant to the proceedings described in s. 985.23(1)(d). If
9 the child is not successful in the conditional release
10 program, the department may use the transfer procedure under
11 s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and
12 except as provided in s. 985.31, the term of the commitment
13 must be until the child is discharged by the department or
14 until he or she reaches the age of 21.
15 4. Revoke or suspend the driver's license of the
16 child.
17 5. Require the child and, if the court finds it
18 appropriate, the child's parent or guardian together with the
19 child, to render community service in a public service
20 program.
21 6. As part of the probation program to be implemented
22 by the department of Juvenile Justice, or, in the case of a
23 committed child, as part of the community-based sanctions
24 ordered by the court at the disposition hearing or before the
25 child's release from commitment, order the child to make
26 restitution in money, through a promissory note cosigned by
27 the child's parent or guardian, or in kind for any damage or
28 loss caused by the child's offense in a reasonable amount or
29 manner to be determined by the court. The clerk of the circuit
30 court shall be the receiving and dispensing agent. In such
31 case, the court shall order the child or the child's parent or
17
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 guardian to pay to the office of the clerk of the circuit
2 court an amount not to exceed the actual cost incurred by the
3 clerk as a result of receiving and dispensing restitution
4 payments. The clerk shall notify the court if restitution is
5 not made, and the court shall take any further action that is
6 necessary against the child or the child's parent or guardian.
7 A finding by the court, after a hearing, that the parent or
8 guardian has made diligent and good faith efforts to prevent
9 the child from engaging in delinquent acts absolves the parent
10 or guardian of liability for restitution under this
11 subparagraph.
12 7. Order the child and, if the court finds it
13 appropriate, the child's parent or guardian together with the
14 child, to participate in a community work project, either as
15 an alternative to monetary restitution or as part of the
16 rehabilitative or probation program.
17 8. Commit the child to the department of Juvenile
18 Justice for placement in a program or facility for serious or
19 habitual juvenile offenders in accordance with s. 985.31. Any
20 commitment of a child to a program or facility for serious or
21 habitual juvenile offenders must be for an indeterminate
22 period of time, but the time may not exceed the maximum term
23 of imprisonment that an adult may serve for the same offense.
24 The court may retain jurisdiction over such child until the
25 child reaches the age of 21, specifically for the purpose of
26 the child completing the program.
27 9. In addition to the sanctions imposed on the child,
28 order the parent or guardian of the child to perform community
29 service if the court finds that the parent or guardian did not
30 make a diligent and good faith effort to prevent the child
31 from engaging in delinquent acts. The court may also order the
18
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 parent or guardian to make restitution in money or in kind for
2 any damage or loss caused by the child's offense. The court
3 shall determine a reasonable amount or manner of restitution,
4 and payment shall be made to the clerk of the circuit court as
5 provided in subparagraph 6.
6 10. Subject to specific appropriation, commit the
7 juvenile sexual offender to the department of Juvenile Justice
8 for placement in a program or facility for juvenile sexual
9 offenders in accordance with s. 985.308. Any commitment of a
10 juvenile sexual offender to a program or facility for juvenile
11 sexual offenders must be for an indeterminate period of time,
12 but the time may not exceed the maximum term of imprisonment
13 that an adult may serve for the same offense. The court may
14 retain jurisdiction over a juvenile sexual offender until the
15 juvenile sexual offender reaches the age of 21, specifically
16 for the purpose of completing the program.
17 (d) Any commitment of a delinquent child to the
18 department of Juvenile Justice must be for an indeterminate
19 period of time, which may include periods of temporary
20 release; however, but the period of time may not exceed the
21 maximum term of imprisonment that an adult may serve for the
22 same offense, except that the duration of a minimum-risk
23 nonresidential commitment for an offense that is a misdemeanor
24 of the second degree, or is equivalent to a misdemeanor of the
25 second degree, may be for a period not to exceed 6 months. The
26 duration of the child's placement in a residential commitment
27 program of any restrictiveness level shall be based on
28 objective performance-based treatment planning. The child's
29 treatment plan progress and adjustment-related issues shall be
30 reported to the court quarterly, unless the court requests
31 monthly reports each month. The child's length of stay in a
19
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 residential commitment program may be extended if the child
2 fails to comply with or participate in treatment activities.
3 The child's length of stay in the such program shall not be
4 extended for purposes of sanction or punishment. Any temporary
5 release from such program must be approved by the court. Any
6 child so committed may be discharged from institutional
7 confinement or a program upon the direction of the department
8 with the concurrence of the court. The child's treatment plan
9 progress and adjustment-related issues must be communicated to
10 the court at the time the department requests the court to
11 consider releasing the child from the residential commitment
12 program. Notwithstanding s. 743.07 and this subsection, and
13 except as provided in ss. 985.201 and 985.31, a child may not
14 be held under a commitment from a court under pursuant to this
15 section after becoming 21 years of age. The department shall
16 give the court that committed the child to the department
17 reasonable notice, in writing, of its desire to discharge the
18 child from a commitment facility. The court that committed the
19 child may thereafter accept or reject the request. If the
20 court does not respond within 10 days after receipt of the
21 notice, the request of the department shall be deemed granted.
22 This section does not limit the department's authority to
23 revoke a child's temporary release status and return the child
24 to a commitment facility for any violation of the terms and
25 conditions of the temporary release.
26 (2) Following a delinquency adjudicatory hearing
27 pursuant to s. 985.228 and a delinquency disposition hearing
28 pursuant to s. 985.23 which results in a commitment
29 determination, the court shall, on its own or upon request by
30 the state or the department, determine whether the protection
31 of the public requires that the child be placed in a program
20
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 for serious or habitual juvenile offenders and whether the
2 particular needs of the child would be best served by a
3 program for serious or habitual juvenile offenders as provided
4 in s. 985.31. The determination shall be made pursuant to ss.
5 985.03(49)(48) and 985.23(3).
6 Section 7. Paragraph (a) of subsection (1) of section
7 985.2311, Florida Statutes, is amended to read:
8 985.2311 Cost of supervision; cost of care.--
9 (1) Except as provided in subsection (3) or subsection
10 (4):
11 (a) When any child is placed into home detention,
12 probation, or other supervision status with the department of
13 Juvenile Justice, or is committed to the minimum-risk
14 nonresidential restrictiveness level, the court shall order
15 the parent of such child to pay to the department a fee for
16 the cost of the supervision of such child in the amount of $1
17 per day for each day that the child is in such supervision
18 status.
19 Section 8. Subsection (3) of section 985.316, Florida
20 Statutes, is amended to read:
21 985.316 Conditional release.--
22 (3) For juveniles referred or committed to the
23 department, the function of the department may include, but
24 shall not be limited to, assessing each committed juvenile
25 placed in a residential commitment program to determine the
26 need for conditional release services upon release from the a
27 commitment program, supervising the juvenile when released
28 into the community from a residential commitment facility of
29 the department, providing such counseling and other services
30 as may be necessary for the families and assisting their
31 preparations for the return of the child. Subject to specific
21
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 appropriation, the department shall provide for outpatient
2 sexual offender counseling for any juvenile sexual offender
3 released from a residential commitment program as a component
4 of conditional release.
5 Section 9. Section 985.403, Florida Statutes, is
6 repealed.
7 Section 10. Task Force on Juvenile Sexual Offenders
8 and their Victims.--
9 (1) On or before August 1, 2005, there shall be
10 created a task force to review and evaluate the state's laws
11 that define and address juvenile sex offenders and the
12 Department of Juvenile Justice's practices and procedures for
13 serving these offenders and their victims. The task force
14 shall make findings that include, but are not limited to:
15 identification of statutes that address juvenile sexual
16 offenders; a profile of the acts committed by each juvenile
17 placed in juvenile sexual offender programming in this state
18 between July 2000 and June 2005 and an assessment of the
19 appropriateness of those placements based upon the acts
20 committed; identification of community-based and residential
21 commitment programming available for juvenile sexual offenders
22 and an assessment of such programming's effectiveness; and
23 identification of qualifications required for staff who serve
24 juvenile sexual offenders. Based on its findings, the task
25 force shall make recommendations for the improvement of the
26 state's laws, policies, programs, and funding for juvenile
27 sexual offenders, and such recommendations shall specifically
28 include, but are not limited to, identification of criteria
29 that should be satisfied prior to placement of a juvenile in
30 juvenile sexual offender programming.
31 (2) The Governor shall appoint up to 12 members to the
22
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 task force. The task force shall be composed of
2 representatives who shall include, but are not limited to: a
3 circuit court judge with at least 1 year's experience in the
4 juvenile division, a state attorney with at least 1 year's
5 experience in the juvenile division, a public defender with at
6 least 1 year's experience in the juvenile division, one
7 representative of the Department of Juvenile Justice, two
8 representatives of providers of juvenile sexual offender
9 services, one member of the Florida Juvenile Justice
10 Association, one member of the Florida Association for the
11 Treatment of Sexual Abusers, and one victim of a juvenile
12 sexual offense.
13 (3) The task force shall submit a written report of
14 its findings and recommendations to the Governor, the
15 President of the Senate, and the Speaker of the House of
16 Representatives by December 1, 2005.
17 (4) Administrative support for the task force shall be
18 provided by the Department of Juvenile Justice. Members of the
19 task force shall receive no salary from the state beyond the
20 salary already received from their sponsoring agency, if any,
21 and are not entitled to reimbursement for travel and per diem
22 expenses.
23 (5) The task force shall be dissolved upon submission
24 of its report.
25 Section 11. Task force to study certification for
26 juvenile justice provider staff.--
27 (1) On or before August 1, 2005, there shall be
28 created a task force to study the feasibility of establishing
29 a certification process for staff employed by a provider under
30 contract with the Department of Juvenile Justice to provide
31 juvenile justice services to youth.
23
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 (2) The Governor shall appoint up to 12 members to the
2 task force. The task force shall be composed of
3 representatives who shall include, but are not limited to, the
4 following: two representatives of the Department of Juvenile
5 Justice, two representatives of providers of juvenile justice
6 services, two members of the Florida Juvenile Justice
7 Association, two provider employees who provide direct care
8 services, and two representatives of the Florida Certification
9 Board.
10 (3) The task force shall consider the feasibility of
11 implementing and operating a certification system for staff
12 who work in juvenile justice facilities, services, or
13 programs. At a minimum, the task force shall consider and make
14 recommendations concerning: per diem levels, the occupational
15 levels of staff subject to certification, the criteria that
16 may be used to certify staff, the levels of certification, and
17 a process for testing and validating the effectiveness of any
18 recommended staff certification system. In making its
19 recommendations, the task force shall make findings regarding
20 the benefits of a staff certification system for the state's
21 juvenile justice programming and the cost to implement such a
22 system.
23 (4) The task force shall submit a written report of
24 its findings and recommendations to the Governor, the
25 President of the Senate, and the Speaker of the House of
26 Representatives by January 1, 2006.
27 (5) Administrative support for the task force shall be
28 provided by the Department of Juvenile Justice. Members of the
29 task force shall receive no salary from the state beyond the
30 salary already received from their sponsoring agency, if any,
31 and are not entitled to reimbursement for travel and per diem
24
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 expenses.
2 (6) The task force shall be dissolved upon submission
3 of its report.
4 Section 12. Subsection (10) of section 985.4135,
5 Florida Statutes, is amended to read:
6 985.4135 Juvenile justice circuit boards and juvenile
7 justice county councils.--
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 42, line 1083, through page 44, line 1149,
13 delete those lines
14
15 and insert:
16 risk residential restrictiveness level;
17 amending s. 985.207, F.S.; providing that a
18 child may be taken into custody for absconding
19 from a nonresidential commitment facility;
20 amending s. 985.208, F.S.; providing that a
21 child may be taken into custody for absconding
22 from a nonresidential commitment facility;
23 amending s. 985.215, F.S.; providing for
24 release from detention for a child who has
25 absconded; providing for detention for
26 committed children awaiting placement;
27 providing secure detention for children
28 awaiting minimum-risk placement who violate
29 home or nonsecure detention or electronic
30 monitoring; providing for limited secure
31 detention for children being transported to
25
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 residential commitment programs; requiring the
2 state to pay certain detention care costs for
3 juveniles in certain counties for fiscal year
4 2005-2006; amending s. 985.231, F.S.; revising
5 provisions relating to powers of disposition;
6 providing the maximum length for a minimum-risk
7 nonresidential commitment for a second degree
8 misdemeanor; providing that the department or a
9 provider report quarterly to the court the
10 child's treatment plan progress; making
11 conforming changes; amending s. 985.2311, F.S.;
12 requiring parents to pay fees for costs of
13 supervision related to minimum-risk
14 nonresidential commitment; amending s. 985.316,
15 F.S.; providing for assessment of residentially
16 committed youth for conditional release
17 services; repealing s. 985.403, F.S., relating
18 to the Task Force on Juvenile Sexual Offenders
19 and their Victims; creating a new task force on
20 juvenile sexual offenders and their victims;
21 providing powers and duties; providing
22 membership; requiring a report; providing for
23 administrative support; providing for
24 dissolution of the task force; creating a task
25 force to study the certification of
26 professional staff working for a provider of
27 juvenile justice services; providing
28 membership; requiring the task force to
29 consider the feasibility of implementing and
30 operating a certification system for
31 professional staff; requiring the task force to
26
5:45 PM 05/06/05 h1917.12cj.00b
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1917, 1st Eng.
Barcode 653706
1 consider specified issues; directing the task
2 force to recommend a process for testing and
3 validating the effectiveness of the recommended
4 staff development system; requiring the task
5 force to prepare and submit a report of its
6 deliberations and recommendations by a
7 specified date; providing for administrative
8 support; providing for dissolution of the task
9 force; amending s. 985.4135, F.S.;
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
27
5:45 PM 05/06/05 h1917.12cj.00b