HB 1917

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 985.215,
3	F.S.; specifying time limits to hold a child in secure
4	detention while awaiting placement into a specific program
5	or facility ordered by the court; amending s. 985.2155,
6	F.S.; revising provisions relating to county
7	responsibility for juvenile detention; deleting references
8	to state responsibility; providing for state financial
9	assistance; providing criteria for assignment of county
10	costs and responsibility; requiring the Department of
11	Juvenile Justice to adopt rules establishing quality
12	assurance standards for county intake, detention
13	screening, and detention care operations; requiring that
14	each county shall submit an implementation plan for its
15	assumption of certain responsibilities; revising the
16	deadline for development of a methodology for determining
17	the amount of each fiscally constrained county's costs for
18	certain services; amending s. 943.0515, F.S.; deleting the
19	term "juvenile prison"; amending s. 985.03, F.S.; revising
20	definitions relating to juvenile justice; creating a
21	definition for the term "day treatment"; providing for
22	county detention care and intake responsibility; creating
23	the minimum-risk nonresidential restrictiveness level;
24	providing that high-risk residential facilities may be
25	environmentally secure; removing juvenile prisons from the
26	maximum-risk residential level; providing that temporary
27	release may be granted from residential commitment
28	facilities; amending s. 985.201 and 985.208 F.S.;
29	conforming to definitions changes; amending s. 985.207,
30	F.S.; providing additional criteria for taking a child
31	into custody; conforming cross references; amending s.
32	985.213, F.S.; providing additional criteria for detaining
33	youth; providing for secure detention or home detention;
34	amending s. 985.231, F.S.; revising provisions relating to
35	powers of disposition; permitting a court to specify the
36	program or facility a youth shall be placed in when
37	committed; providing procedures for a court's specific
38	placement; providing the maximum length for a minimum-risk
39	nonresidential commitment for a second degree misdemeanor;
40	making conforming changes; providing for commitment of a
41	child to a specific high-risk residential or maximum-risk
42	residential program or facility; amending s. 985.2311,
43	F.S.; providing that parents shall pay fees for costs of
44	supervision related to minimum-risk nonresidential
45	commitment; amending s. 985.313, F.S.; conforming to
46	definitions changes; amending s. 985.316, F.S.; providing
47	for assessment of residentially committed youth for
48	conditional release services; amending ss. 784.075,
49	984.05, 985.31, and 985.3141, F.S.; conforming cross
50	references; reenacting ss. 985.201(4)(a), 985.233(4)(b),
51	985.31(3)(k), and 985.311(3)(e), F.S., relating to
52	jurisdiction, sentencing alternatives, commitment of
53	serious or habitual juvenile offenders, and eligibility
54	for an intensive residential treatment program for
55	offenders less than 13 years of age, respectively, to
56	incorporate the amendment to s. 985.231, F.S., in
57	references thereto; providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Paragraph (a) of subsection (10) of section
62	985.215, Florida Statutes, is amended to read:
63	985.215  Detention.--
64	(10)(a)1.  When A child is committed by the court pursuant
65	to s. 985.231(1)(a)3. who is to the Department of Juvenile
66	Justice awaiting dispositional placement, shall be removed
67	removal of the child from secure detention care shall occur
68	within 5 days after the date of commitment, excluding Saturdays,
69	Sundays, and legal holidays. Any child held in secure detention
70	during the 5 days must meet detention admission criteria
71	pursuant to this section. If the child is committed to a
72	moderate-risk residential program, the department may seek an
73	order from the court authorizing continued secure detention for
74	a specific period of time necessary for the appropriate
75	residential placement of the child. However, such continued
76	detention in secure detention care may not exceed 15 days after
77	commitment, excluding Saturdays, Sundays, and legal holidays,
78	and except as otherwise provided in this subsection.
79	2.  The court must place all children who are adjudicated
80	and awaiting placement in a residential commitment program in
81	detention care. Children who are in home detention care or
82	nonsecure detention care may be placed on electronic monitoring.
83	Section 2.  Section 985.2155, Florida Statutes, is amended
84	to read:
85	985.2155  Shared County and state responsibility for
86	juvenile detention; state financial assistance.--
87	(1)  It is the policy of this state that the state and the
88	counties be responsible for juvenile intake, detention
89	screening, and detention care in the manner have a joint
90	obligation, as provided in this section, to contribute to the
91	financial support of the detention care provided for juveniles.
92	(2)  As used in this section, the term:
93	(a)  "Final court disposition" means the trial court's
94	entry of a written disposition order for a juvenile under ss.
95	985.23 and 985.231. "Detention care" means secure detention.
96	(b)  "Fiscally constrained county" means a county
97	designated as a rural area of critical economic concern under s.
98	288.0656 for which the value of a mill in the county is no more
99	than $4 million $3 million, based on the property valuations and
100	tax data annually published by the Department of Revenue under
101	s. 195.052.
102	(3)(a)  As soon as possible, but, in any event, no later
103	than January 1, 2007, each county shall be responsible for the
104	operation of, and payment of all pay the costs associated with
105	of providing detention care, exclusive of the costs of any
106	preadjudicatory nonmedical educational or therapeutic services,
107	for juveniles for the period of time prior to final court
108	disposition. The department shall develop an accounts payable
109	system to allocate costs that are payable by the counties.
110	(b)  Each county may contract with public and private
111	organizations, including the department and county or municipal
112	governments, to carry out its responsibilities under this
113	section. In addition, the department may contract with counties
114	for the costs of detention and other services provided to
115	juveniles after final court disposition.
116	(c)(4)  Notwithstanding subsection (3), The state shall,
117	subject to specific appropriations, reimburse each fiscally
118	constrained county for up to 100 percent of its costs under
119	paragraph (a) pay all costs of detention care for juveniles for
120	which a fiscally constrained county would otherwise be billed.
121	In addition, the state shall, subject to specific
122	appropriations, provide financial assistance to counties that
123	are not fiscally constrained. Provision of state funds to a
124	county pursuant to this paragraph shall be contingent upon the
125	county maintaining facilities and services within specified
126	standards established by the department under subsection (4) and
127	in compliance with state and federal constitutional standards.
128	(d)  Prior to county provision of services, the department
129	shall continue to operate intake, detention screening, and
130	detention care for juveniles, and each county shall reimburse
131	the department for the cost of providing such services to
132	juveniles arrested in the county prior to final court
133	disposition. If a juvenile is arrested in a county other than
134	his or her county of residence, the juvenile shall be
135	transferred to his or her county of residence or to the juvenile
136	detention facility that serves his or her county of residence as
137	soon as practicable, and the county of residence shall become
138	responsible for all costs upon transfer of the juvenile.
139	(e)  The department shall make existing detention center
140	facilities available to counties that wish to use these
141	facilities at no cost other than the costs of routine
142	maintenance and the cost of maintaining adequate property and
143	liability insurance as determined by the department. Any county
144	using a facility serving multiple counties must agree to a
145	cooperative agreement with other counties from the area that
146	wish to use the facility. The agreement must specify how costs
147	and operational responsibility will be shared among each of the
148	counties.
149	(4)  The department shall adopt rules establishing quality
150	assurance standards for county intake, detention screening, and
151	detention care operations that shall include the following
152	provisions:
153	(a)  Compliance with state and federal constitutional
154	standards.
155	(b)  Compliance with state and federal laws.
156	(c)  Continuance of educational services to juveniles in
157	secure detention facilities.
158	(d)  Prohibition of the inappropriate use of detention.
159	(e)  Authorization of county flexibility to develop
160	innovative approaches to service delivery that will help
161	counties contain costs and provide more appropriate services to
162	youth. Such alternative strategies include, but are not limited
163	to, diversion of status offenders and youth charged with local
164	ordinance violations and nonviolent misdemeanors from
165	traditional intake services; the use, with court approval, of
166	electronic monitoring in lieu of secure detention; and the use,
167	with court approval, of day treatment programs for youth who are
168	awaiting placement in a residential commitment program in lieu
169	of secure detention. Any alternative program must demonstrate
170	that there is no adverse impact on public order or safety and
171	that provisions will be made to ensure that youth will attend
172	court proceedings.
173	(f)  Transportation of youth to and from court. The
174	department shall be responsible for transporting youth to a
175	program of the department after final court disposition.
176	(g)  Sight and sound separation of detained youth from
177	youthful and adult offenders.
178	(h)  Staffing standards and minimum qualifications of staff
179	who work with youth and level 2 employment screening
180	requirements pursuant to chapter 435 for all personnel employed
181	or contracted by a county for work in any facility or program
182	under this section.
183	(i)  Uniform standards, including uniform reporting
184	formats, for intake and screening activities.
185	(j)  Minimum standards for detention facilities housing
186	youth.
187	(k)  Uniform standards for medical care for youth,
188	including protocols for emergency services and hospitalization
189	when necessary.
190	(l)  Uniform standards for mental health and substance
191	abuse assessment and treatment for youth, including measures
192	necessary to prevent suicide of detained youth.
193	(m)  Requirement that any organization engaged by the
194	county to provide services pursuant to this section is subject
195	to all staffing standards and minimum staff qualifications
196	established under this subsection.
197	(n)  Access by the department to all facilities and
198	programs at any time to conduct quality assurance and program
199	compliance reviews.
200	(o)  Provision for the state to take any county program or
201	facility into receivership upon a determination that a county
202	program or facility is not in compliance with statewide quality
203	assurance standards and, as such, places youth in imminent
204	physical danger or violates constitutional standards regarding
205	the care and confinement of juveniles. The department shall
206	operate, either directly or under contract, any county program
207	or facility taken into receivership pursuant to this paragraph.
208	(p)  Requirement that if the state takes a facility or
209	program under receivership, the county shall be liable for costs
210	incurred by the department for operating the facility or program
211	plus an administrative fee of 10 percent of the cost of
212	operating the facility or program.
213	(q)  A process for counties to appeal a department decision
214	to place a facility or program under receivership.
215	(r)  Regular, ongoing quality assurance monitoring by the
216	department to ensure compliance with the quality assurance
217	standards established pursuant to this subsection.
218	(5)(a)  By July 1, 2006, each county shall submit to the
219	department an implementation plan for its assumption of the
220	intake, detention screening, and detention responsibilities set
221	forth in paragraph (3)(a). This plan shall be in a format to be
222	determined by the department and must include:
223	1.  A detailed schedule for county assumption of
224	responsibilities.
225	2.  A complete description of program operations, including
226	any private or public entity engaged by the county to provide
227	services.
228	3.  Any agreements reached with other counties to operate
229	regional facilities or programs.
230	4.  An attestation by the chair of the board of county
231	commissioners and the county manager that the county will remain
232	in compliance with all quality assurance standards established
233	by the department pursuant to subsection (4).
234	5.  Such other information as required by the department.
235	(b)  The department shall review each county's
236	implementation plan and shall provide notice to the county
237	administrator of the department's approval or disapproval of
238	such plan no later than October 1, 2006. The department's
239	failure to provide such notice by October 1, 2006, shall
240	constitute approval.
241	(6)(a)  By October 1, 2006 2004, the department shall
242	develop a methodology for determining the amount of each
243	fiscally constrained county's costs under paragraph (3)(a) for
244	intake, detention screening, and of detention care for
245	juveniles, during for the period of time prior to final court
246	disposition that, which must be paid by the state. At a minimum,
247	this methodology must consider the difference between the amount
248	appropriated to the department for offsetting the costs
249	associated with the assignment of juvenile intake, detention
250	screening, and pretrial detention care expenses to the fiscally
251	constrained county and the total estimated costs to the fiscally
252	constrained county, for the fiscal year, of intake, detention
253	screening, and detention care for juveniles for the period of
254	time prior to final court disposition.
255	(b)  Subject to legislative appropriation and based on the
256	methodology developed under paragraph (a), the department shall
257	provide funding to offset the costs to fiscally constrained
258	counties of intake, detention screening, and detention care for
259	juveniles for the period of time prior to final court
260	disposition. If county matching funds are required by the
261	department to eliminate the difference calculated under
262	paragraph (a) or the difference between the actual costs of the
263	fiscally constrained counties and the amount appropriated in
264	small county grants for use in mitigating such costs, that match
265	amount must be allocated proportionately among all fiscally
266	constrained counties.
267	(7)(5)  Each county shall incorporate into its annual
268	county budget sufficient funds to pay its estimated costs of
269	intake, detention screening, and detention care for juveniles
270	who are arrested or reside in that county for the period of time
271	prior to final court disposition. This amount shall be estimated
272	based upon the prior use of intake, detention screening, and
273	secure detention for juveniles who are arrested in or are
274	residents of that county, as calculated by the department. Each
275	county that is required to make payment to the department shall
276	pay the estimated costs at the beginning of each month. Any
277	difference between the estimated costs and actual costs shall be
278	reconciled at the end of the state fiscal year and the
279	department shall promptly provide a credit against future
280	obligations or a refund if there are no future obligations.
281	(8)(6)  Court payment pursuant to subsection (7) shall be
282	deposited Each county shall pay to the department for deposit
283	into the Juvenile Justice Grants and Donations Trust Fund or
284	such other trust fund as may be designated by the Legislature
285	its share of the county's total costs for juvenile detention,
286	based upon calculations published by the department with input
287	from the counties.
288	(9)(7)  The department of Juvenile Justice shall determine
289	each quarter whether the counties of this state are remitting to
290	the department their share of the costs of detention as required
291	by this section.
292	(10)(8)  The Department of Revenue and the counties shall
293	provide technical assistance as necessary to the department of
294	Juvenile Justice in order to develop the most cost-effective
295	means of collection.
296	(11)(9)  Funds received from counties pursuant to this
297	section are not subject to the service charges provided in s.
298	215.20.
299	(12)(10)  The department shall may adopt rules to
300	administer this section.
301	Section 3.  Subsection (1) of section 943.0515, Florida
302	Statutes, is amended to read:
303	943.0515  Retention of criminal history records of
304	minors.--
305	(1)(a)  The Criminal Justice Information Program shall
306	retain the criminal history record of a minor who is classified
307	as a serious or habitual juvenile offender or committed to a
308	juvenile correctional facility or juvenile prison under chapter
309	985 for 5 years after the date the offender reaches 21 years of
310	age, at which time the record shall be expunged unless it meets
311	the criteria of paragraph (2)(a) or paragraph (2)(b).
312	(b)  If the minor is not classified as a serious or
313	habitual juvenile offender or committed to a juvenile
314	correctional facility or juvenile prison under chapter 985, the
315	program shall retain the minor's criminal history record for 5
316	years after the date the minor reaches 19 years of age, at which
317	time the record shall be expunged unless it meets the criteria
318	of paragraph (2)(a) or paragraph (2)(b).
319	Section 4.  Section 985.03, Florida Statutes, is amended to
320	read:
321	985.03  Definitions. --As When used in this chapter, the
322	term:
323	(1)  "Addictions receiving facility" means a substance
324	abuse service provider as defined in chapter 397.
325	(2)  "Adjudicatory hearing" means a hearing for the court
326	to determine whether or not the facts support the allegations
327	stated in the petition, as is provided for under s. 985.228 in
328	delinquency cases.
329	(3)  "Adult" means any natural person other than a child.
330	(4)  "Arbitration" means a process whereby a neutral third
331	person or panel, called an arbitrator or an arbitration panel,
332	considers the facts and arguments presented by the parties and
333	renders a decision which may be binding or nonbinding.
334	(5)  "Authorized agent" or "designee" of the department
335	means a person or agency assigned or designated by the
336	Department of Juvenile Justice or the Department of Children and
337	Family Services, as appropriate, to perform duties or exercise
338	powers pursuant to this chapter and includes contract providers
339	and their employees for purposes of providing services to and
340	managing cases of children in need of services and families in
341	need of services.
342	(6)  "Child" or "juvenile" or "youth" means any unmarried
343	person under the age of 18 who has not been emancipated by order
344	of the court and who has been found or alleged to be dependent,
345	in need of services, or from a family in need of services; or
346	any married or unmarried person who is charged with a violation
347	of law occurring prior to the time that person reached the age
348	of 18 years.
349	(7)  "Child eligible for an intensive residential treatment
350	program for offenders less than 13 years of age" means a child
351	who has been found to have committed a delinquent act or a
352	violation of law in the case currently before the court and who
353	meets at least one of the following criteria:
354	(a)  The child is less than 13 years of age at the time of
355	the disposition for the current offense and has been adjudicated
356	on the current offense for:
357	1.  Arson;
358	2.  Sexual battery;
359	3.  Robbery;
360	4.  Kidnapping;
361	5.  Aggravated child abuse;
362	6.  Aggravated assault;
363	7.  Aggravated stalking;
364	8.  Murder;
365	9.  Manslaughter;
366	10.  Unlawful throwing, placing, or discharging of a
367	destructive device or bomb;
368	11.  Armed burglary;
369	12.  Aggravated battery;
370	13.  Any lewd or lascivious offense committed upon or in
371	the presence of a person less than 16 years of age; or
372	14.  Carrying, displaying, using, threatening, or
373	attempting to use a weapon or firearm during the commission of a
374	felony.
375	(b)  The child is less than 13 years of age at the time of
376	the disposition, the current offense is a felony, and the child
377	has previously been committed at least once to a delinquency
378	commitment program.
379	(c)  The child is less than 13 years of age and is
380	currently committed for a felony offense and transferred from a
381	moderate-risk or high-risk residential commitment placement.
382	(8)  "Child in need of services" means a child for whom
383	there is no pending investigation into an allegation or
384	suspicion of abuse, neglect, or abandonment; no pending referral
385	alleging the child is delinquent; or no current supervision by
386	the Department of Juvenile Justice or the Department of Children
387	and Family Services for an adjudication of dependency or
388	delinquency. The child must also, pursuant to this chapter, be
389	found by the court:
390	(a)  To have persistently run away from the child's parents
391	or legal custodians despite reasonable efforts of the child, the
392	parents or legal custodians, and appropriate agencies to remedy
393	the conditions contributing to the behavior. Reasonable efforts
394	shall include voluntary participation by the child's parents or
395	legal custodians and the child in family mediation, services,
396	and treatment offered by the Department of Juvenile Justice or
397	the Department of Children and Family Services;
398	(b)  To be habitually truant from school, while subject to
399	compulsory school attendance, despite reasonable efforts to
400	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
401	through voluntary participation by the child's parents or legal
402	custodians and by the child in family mediation, services, and
403	treatment offered by the Department of Juvenile Justice or the
404	Department of Children and Family Services; or
405	(c)  To have persistently disobeyed the reasonable and
406	lawful demands of the child's parents or legal custodians, and
407	to be beyond their control despite efforts by the child's
408	parents or legal custodians and appropriate agencies to remedy
409	the conditions contributing to the behavior. Reasonable efforts
410	may include such things as good faith participation in family or
411	individual counseling.
412	(9)  "Child who has been found to have committed a
413	delinquent act" means a child who, pursuant to the provisions of
414	this chapter, is found by a court to have committed a violation
415	of law or to be in direct or indirect contempt of court, except
416	that this definition shall not include an act constituting
417	contempt of court arising out of a dependency proceeding or a
418	proceeding pursuant to part III of this chapter.
419	(10)  "Child support" means a court-ordered obligation,
420	enforced under chapter 61 and ss. 409.2551-409.2597, for
421	monetary support for the care, maintenance, training, and
422	education of a child.
423	(11)  "Circuit" means any of the 20 judicial circuits as
424	set forth in s. 26.021.
425	(12)  "Comprehensive assessment" or "assessment" means the
426	gathering of information for the evaluation of a juvenile
427	offender's or a child's physical, psychological, educational,
428	vocational, and social condition and family environment as they
429	relate to the child's need for rehabilitative and treatment
430	services, including substance abuse treatment services, mental
431	health services, developmental services, literacy services,
432	medical services, family services, and other specialized
433	services, as appropriate.
434	(13)  "Conditional release" means the care, treatment,
435	help, and supervision provided to a juvenile released from a
436	residential commitment program which is intended to promote
437	rehabilitation and prevent recidivism. The purpose of
438	conditional release is to protect the public, reduce recidivism,
439	increase responsible productive behavior, and provide for a
440	successful transition of the youth from the department to the
441	family. Conditional release includes, but is not limited to,
442	nonresidential community-based programs.
443	(14)  "Court," unless otherwise expressly stated, means the
444	circuit court assigned to exercise jurisdiction under this
445	chapter.
446	(15)  "Day treatment" means a nonresidential, community-
447	based program designed to provide therapeutic intervention to
448	youth who are placed on probation or conditional release or are
449	committed to the minimum-risk nonresidential level. A day
450	treatment program may provide educational and vocational
451	services and shall provide case management services; individual,
452	group, and family counseling; training designed to address
453	delinquency risk factors; and monitoring of a youth's compliance
454	with, and facilitation of a youth's completion of, sanctions if
455	ordered by the court. Program types may include, but are not
456	limited to, career programs, marine programs, juvenile justice
457	alternative schools, training and rehabilitation programs, and
458	gender-specific programs.
459	(16)(15)(a)  "Delinquency program" means any intake,
460	probation, or similar program; regional detention center or
461	facility; or community-based program, whether owned and operated
462	by or contracted by the Department of Juvenile Justice, or
463	institution owned and operated by or contracted by the
464	Department of Juvenile Justice, which provides intake,
465	supervision, or custody and care of children who are alleged to
466	be or who have been found to be delinquent under pursuant to
467	part II.
468	(b)  "Delinquency program staff" means supervisory and
469	direct care staff of a delinquency program as well as support
470	staff who have direct contact with children in a delinquency
471	program.
472	(c)  "Delinquency prevention programs" means programs
473	designed for the purpose of reducing the occurrence of
474	delinquency, including youth and street gang activity, and
475	juvenile arrests. The term excludes arbitration, diversionary or
476	mediation programs, and community service work or other
477	treatment available subsequent to a child committing a
478	delinquent act.
479	(17)(16)  "Department" means the Department of Juvenile
480	Justice.
481	(18)(17)  "Designated facility" or "designated treatment
482	facility" means any facility designated by the Department of
483	Juvenile Justice to provide treatment to juvenile offenders.
484	(19)(18)  "Detention care" means the temporary care of a
485	child in secure, nonsecure, or home detention, pending a court
486	adjudication or disposition or execution of a court order. There
487	are three types of detention care, as follows:
488	(a)  "Secure detention" means temporary custody of the
489	child while the child is under the physical restriction of a
490	detention center or facility pending adjudication, disposition,
491	or placement.
492	(b)  "Nonsecure detention" means temporary custody of the
493	child while the child is in a residential home in the community
494	in a physically nonrestrictive environment under county the
495	supervision of the Department of Juvenile Justice pending
496	adjudication, disposition, or placement.
497	(c)  "Home detention" means temporary custody of the child
498	while the child is released to the custody of the parent,
499	guardian, or custodian in a physically nonrestrictive
500	environment under the supervision of the Department of Juvenile
501	Justice staff employed by, or contracted with, the county
502	pending adjudication, disposition, or placement.
503	(20)(19)  "Detention center or facility" means a facility
504	used pending court adjudication or disposition or execution of
505	court order for the temporary care of a child alleged or found
506	to have committed a violation of law. A detention center or
507	facility may provide secure or nonsecure custody. A facility
508	used for the commitment of adjudicated delinquents shall not be
509	considered a detention center or facility.
510	(21)(20)  "Detention hearing" means a hearing for the court
511	to determine if a child should be placed in temporary custody,
512	as provided for under ss. 985.213 and 985.215 in delinquency
513	cases.
514	(22)(21)  "Disposition hearing" means a hearing in which
515	the court determines the most appropriate dispositional services
516	in the least restrictive available setting provided for under s.
517	985.231, in delinquency cases.
518	(23)(22)  "Family" means a collective of persons,
519	consisting of a child and a parent, guardian, adult custodian,
520	or adult relative, in which:
521	(a)  The persons reside in the same house or living unit;
522	or
523	(b)  The parent, guardian, adult custodian, or adult
524	relative has a legal responsibility by blood, marriage, or court
525	order to support or care for the child.
526	(24)(23)  "Family in need of services" means a family that
527	has a child for whom there is no pending investigation into an
528	allegation of abuse, neglect, or abandonment or no current
529	supervision by the Department of Juvenile Justice or the
530	Department of Children and Family Services for an adjudication
531	of dependency or delinquency. The child must also have been
532	referred to a law enforcement agency or the Department of
533	Juvenile Justice for:
534	(a)  Running away from parents or legal custodians;
535	(b)  Persistently disobeying reasonable and lawful demands
536	of parents or legal custodians, and being beyond their control;
537	or
538	(c)  Habitual truancy from school.
539	(25)(24)  "Foster care" means care provided a child in a
540	foster family or boarding home, group home, agency boarding
541	home, child care institution, or any combination thereof.
542	(26)(25)  "Habitually truant" means that:
543	(a)  The child has 15 unexcused absences within 90 calendar
544	days with or without the knowledge or justifiable consent of the
545	child's parent or legal guardian, is subject to compulsory
546	school attendance under s. 1003.21(1) and (2)(a), and is not
547	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
548	specified by law or the rules of the State Board of Education.
549	(b)  Escalating activities to determine the cause, and to
550	attempt the remediation, of the child's truant behavior under
551	ss. 1003.26 and 1003.27 have been completed.
552
553	If a child who is subject to compulsory school attendance is
554	responsive to the interventions described in ss. 1003.26 and
555	1003.27 and has completed the necessary requirements to pass the
556	current grade as indicated in the district pupil progression
557	plan, the child shall not be determined to be habitually truant
558	and shall be passed. If a child within the compulsory school
559	attendance age has 15 unexcused absences within 90 calendar days
560	or fails to enroll in school, the state attorney may file a
561	child-in-need-of-services petition. Before Prior to filing a
562	petition, the child must be referred to the appropriate agency
563	for evaluation. After consulting with the evaluating agency, the
564	state attorney may elect to file a child-in-need-of-services
565	petition.
566	(c)  A school representative, designated according to
567	school board policy, and a juvenile probation officer of the
568	department of Juvenile Justice have jointly investigated the
569	truancy problem or, if that was not feasible, have performed
570	separate investigations to identify conditions that could be
571	contributing to the truant behavior; and if, after a joint
572	staffing of the case to determine the necessity for services,
573	such services were determined to be needed, the persons who
574	performed the investigations met jointly with the family and
575	child to discuss any referral to appropriate community agencies
576	for economic services, family or individual counseling, or other
577	services required to remedy the conditions that are contributing
578	to the truant behavior.
579	(d)  The failure or refusal of the parent or legal guardian
580	or the child to participate, or make a good faith effort to
581	participate, in the activities prescribed to remedy the truant
582	behavior, or the failure or refusal of the child to return to
583	school after participation in activities required by this
584	subsection, or the failure of the child to stop the truant
585	behavior after the school administration and the department of
586	Juvenile Justice have worked with the child as described in s.
587	1003.27(3) shall be handled as prescribed in s. 1003.27.
588	(27)(26)  "Halfway house" means a community-based
589	residential program for 10 or more committed delinquents at the
590	moderate-risk commitment level which is operated or contracted
591	by the department of Juvenile Justice.
592	(28)(27)  "Intake" means the initial acceptance and
593	screening by a county the department of Juvenile Justice of a
594	complaint or a law enforcement report or probable cause
595	affidavit of delinquency, family in need of services, or child
596	in need of services to determine the recommendation to be taken
597	in the best interests of the child, the family, and the
598	community. The emphasis of intake is on diversion and the least
599	restrictive available services. Consequently, intake includes
600	such alternatives as:
601	(a)  The disposition of the complaint, report, or probable
602	cause affidavit without court or public agency action or
603	judicial handling when appropriate.
604	(b)  The referral of the child to another public or private
605	agency when appropriate.
606	(c)  The recommendation by the juvenile probation officer
607	of judicial handling when appropriate and warranted.
608	(29)(28)  "Judge" means the circuit judge exercising
609	jurisdiction pursuant to this chapter.
610	(30)(29)  "Juvenile justice continuum" includes, but is not
611	limited to, delinquency prevention programs and services
612	designed for the purpose of preventing or reducing delinquent
613	acts, including criminal activity by youth gangs, and juvenile
614	arrests, as well as programs and services targeted at children
615	who have committed delinquent acts, and children who have
616	previously been committed to residential treatment programs for
617	delinquents. The term includes children-in-need-of-services and
618	families-in-need-of-services programs; conditional release;
619	substance abuse and mental health programs; educational and
620	career programs; recreational programs; community services
621	programs; community service work programs; and alternative
622	dispute resolution programs serving children at risk of
623	delinquency and their families, whether offered or delivered by
624	state or local governmental entities, public or private for-
625	profit or not-for-profit organizations, or religious or
626	charitable organizations.
627	(31)(30)  "Juvenile probation officer" means the authorized
628	agent of the department of Juvenile Justice who performs the
629	intake, case management, or supervision functions.
630	(32)(31)  "Juvenile sexual offender" means:
631	(a)  A juvenile who has been found by the court under
632	pursuant to s. 985.228 to have committed a violation of chapter
633	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
634	(b)  A juvenile found to have committed any felony
635	violation of law or delinquent act involving juvenile sexual
636	abuse. "Juvenile sexual abuse" means any sexual behavior which
637	occurs without consent, without equality, or as a result of
638	coercion. For purposes of this subsection, the following
639	definitions apply:
640	1.  "Coercion" means the exploitation of authority, use of
641	bribes, threats of force, or intimidation to gain cooperation or
642	compliance.
643	2.  "Equality" means two participants operating with the
644	same level of power in a relationship, neither being controlled
645	nor coerced by the other.
646	3.  "Consent" means an agreement including all of the
647	following:
648	a.  Understanding what is proposed based on age, maturity,
649	developmental level, functioning, and experience.
650	b.  Knowledge of societal standards for what is being
651	proposed.
652	c.  Awareness of potential consequences and alternatives.
653	d.  Assumption that agreement or disagreement will be
654	accepted equally.
655	e.  Voluntary decision.
656	f.  Mental competence.
657
658	Juvenile sexual offender behavior ranges from noncontact sexual
659	behavior such as making obscene phone calls, exhibitionism,
660	voyeurism, and the showing or taking of lewd photographs to
661	varying degrees of direct sexual contact, such as frottage,
662	fondling, digital penetration, rape, fellatio, sodomy, and
663	various other sexually aggressive acts.
664	(33)(32)  "Legal custody or guardian" means a legal status
665	created by court order or letter of guardianship which vests in
666	a custodian of the person or guardian, whether an agency or an
667	individual, the right to have physical custody of the child and
668	the right and duty to protect, train, and discipline the child
669	and to provide him or her with food, shelter, education, and
670	ordinary medical, dental, psychiatric, and psychological care.
671	(34)(33)  "Licensed child-caring agency" means a person,
672	society, association, or agency licensed by the Department of
673	Children and Family Services to care for, receive, and board
674	children.
675	(35)(34)  "Licensed health care professional" means a
676	physician licensed under chapter 458, an osteopathic physician
677	licensed under chapter 459, a nurse licensed under part I of
678	chapter 464, a physician assistant licensed under chapter 458 or
679	chapter 459, or a dentist licensed under chapter 466.
680	(36)(35)  "Likely to injure oneself" means that, as
681	evidenced by violent or other actively self-destructive
682	behavior, it is more likely than not that within a 24-hour
683	period the child will attempt to commit suicide or inflict
684	serious bodily harm on himself or herself.
685	(37)(36)  "Likely to injure others" means that it is more
686	likely than not that within a 24-hour period the child will
687	inflict serious and unjustified bodily harm on another person.
688	(38)(37)  "Mediation" means a process whereby a neutral
689	third person called a mediator acts to encourage and facilitate
690	the resolution of a dispute between two or more parties. It is
691	an informal and nonadversarial process with the objective of
692	helping the disputing parties reach a mutually acceptable and
693	voluntary agreement. In mediation, decisionmaking authority
694	rests with the parties. The role of the mediator includes, but
695	is not limited to, assisting the parties in identifying issues,
696	fostering joint problem solving, and exploring settlement
697	alternatives.
698	(39)(38)  "Necessary medical treatment" means care which is
699	necessary within a reasonable degree of medical certainty to
700	prevent the deterioration of a child's condition or to alleviate
701	immediate pain of a child.
702	(40)(39)  "Next of kin" means an adult relative of a child
703	who is the child's brother, sister, grandparent, aunt, uncle, or
704	first cousin.
705	(41)(40)  "Parent" means a woman who gives birth to a child
706	and a man whose consent to the adoption of the child would be
707	required under s. 63.062(1). If a child has been legally
708	adopted, the term "parent" means the adoptive mother or father
709	of the child. The term does not include an individual whose
710	parental relationship to the child has been legally terminated,
711	or an alleged or prospective parent, unless the parental status
712	falls within the terms of either s. 39.503(1) or s. 63.062(1).
713	(42)(41)  "Preliminary screening" means the gathering of
714	preliminary information to be used in determining a child's need
715	for further evaluation or assessment or for referral for other
716	substance abuse services through means such as psychosocial
717	interviews; urine and breathalyzer screenings; and reviews of
718	available educational, delinquency, and dependency records of
719	the child.
720	(43)(42)  "Preventive services" means social services and
721	other supportive and rehabilitative services provided to the
722	parent of the child, the legal guardian of the child, or the
723	custodian of the child and to the child for the purpose of
724	averting the removal of the child from the home or disruption of
725	a family that which will or could result in the placement of a
726	child in foster care. Social services and other supportive and
727	rehabilitative services shall promote the child's need for a
728	safe, continuous, stable living environment and shall promote
729	family autonomy and shall strengthen family life as the first
730	priority whenever possible.
731	(44)(43)  "Probation" means the legal status of probation
732	created by law and court order in cases involving a child who
733	has been found to have committed a delinquent act. Probation is
734	an individualized program in which the freedom of the child is
735	limited and the child is restricted to noninstitutional quarters
736	or restricted to the child's home in lieu of commitment to the
737	custody of the department of Juvenile Justice. Youth on
738	probation may be assessed and classified for placement in day-
739	treatment probation programs designed for youth who represent a
740	minimum risk to themselves and public safety and do not require
741	placement and services in a residential setting. Program types
742	in this more intensive and structured day-treatment probation
743	option include career programs, marine programs, juvenile
744	justice alternative schools, training and rehabilitation
745	programs, and gender-specific programs.
746	(45)(44)  "Relative" means a grandparent, great-
747	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
748	great-uncle, niece, or nephew, whether related by the whole or
749	half blood, by affinity, or by adoption. The term does not
750	include a stepparent.
751	(46)(45)  "Restrictiveness Residential Commitment level"
752	means the level of programming and security provided by programs
753	that service the supervision, custody, care, and treatment needs
754	of committed children. Sections 985.3141 and 985.404(11) apply
755	to children placed in programs at any residential commitment
756	level. The restrictiveness levels of residential commitment are
757	as follows:
758	(a)  Minimum-risk nonresidential--Programs or program
759	models at this commitment level work with youth who remain in
760	the community and participate at least 5 days per week in a day
761	treatment program. Youth assessed and classified for programs at
762	this commitment level represent a minimum risk to themselves and
763	public safety and do not require placement and services in
764	residential settings. Youth in this level have full access to,
765	and reside in, the community. A youth who has been found to have
766	committed delinquent acts that involve firearms, delinquent acts
767	that are sexual offenses, or delinquent acts that would be life
768	felonies or first degree felonies if committed by an adult shall
769	not be committed to a program at this level.
770	(b)(a)  Low-risk residential.--Programs or program models
771	at this commitment level are residential but may allow youth to
772	have unsupervised access to the community. Youth assessed and
773	classified for placement in programs at this commitment level
774	represent a low risk to themselves and public safety but do
775	require placement and services in residential settings. Children
776	who have been found to have committed delinquent acts that
777	involve firearms, delinquent acts that are sexual offenses, or
778	delinquent acts that would be life felonies or first degree
779	felonies if committed by an adult shall not be committed to a
780	program at this level.
781	(c)(b)  Moderate-risk residential.--Programs or program
782	models at this commitment level are residential but may allow
783	youth to have supervised access to the community. Facilities are
784	either environmentally secure, staff secure, or are hardware-
785	secure with walls, fencing, or locking doors. Facilities shall
786	provide 24-hour awake supervision, custody, care, and treatment
787	of residents. Youth assessed and classified for placement in
788	programs at this commitment level represent a moderate risk to
789	public safety and require close supervision. The staff at a
790	facility at this commitment level may seclude a child who is a
791	physical threat to himself or herself or others. Mechanical
792	restraint may also be used when necessary.
793	(d)(c)  High-risk residential.--Programs or program models
794	at this commitment level are residential and shall not allow
795	youth to have access to the community. Facilities are hardware-
796	secure with perimeter fencing and locking doors or are
797	environmentally secure. Facilities shall provide 24-hour awake
798	supervision, custody, care, and treatment of residents. Youth
799	assessed and classified for this level of placement require
800	close supervision in a structured residential setting. Placement
801	in programs at this level is prompted by a concern for public
802	safety that outweighs placement in programs at lower commitment
803	levels. The staff at a facility at this commitment level may
804	seclude a child who is a physical threat to himself or herself
805	or others. Mechanical restraint may also be used when necessary.
806	The facility may provide for single cell occupancy.
807	(e)(d)  Maximum-risk residential.--Programs or program
808	models at this commitment level include juvenile correctional
809	facilities and juvenile prisons. The programs are long-term
810	residential and shall not allow youth to have access to the
811	community. Facilities are maximum-custody hardware-secure with
812	perimeter security fencing and locking doors. Facilities shall
813	provide 24-hour awake supervision, custody, care, and treatment
814	of residents. The staff at a facility at this commitment level
815	may seclude a child who is a physical threat to himself or
816	herself or others. Mechanical restraint may also be used when
817	necessary. The facility shall provide for single cell occupancy,
818	except that youth may be housed together during prerelease
819	transition. Youth assessed and classified for this level of
820	placement require close supervision in a maximum security
821	residential setting. Placement in a program at this level is
822	prompted by a demonstrated need to protect the public.
823	(47)(46)  "Respite" means a placement that is available for
824	the care, custody, and placement of a youth charged with
825	domestic violence as an alternative to secure detention or for
826	placement of a youth when a shelter bed for a child in need of
827	services or a family in need of services is unavailable.
828	(48)(47)  "Secure detention center or facility" means a
829	physically restricting facility for the temporary care of
830	children, pending adjudication, disposition, or placement.
831	(49)(48)  "Serious or habitual juvenile offender," for
832	purposes of commitment to a residential facility and for
833	purposes of records retention, means a child who has been found
834	to have committed a delinquent act or a violation of law, in the
835	case currently before the court, and who meets at least one of
836	the following criteria:
837	(a)  The youth is at least 13 years of age at the time of
838	the disposition for the current offense and has been adjudicated
839	on the current offense for:
840	1.  Arson;
841	2.  Sexual battery;
842	3.  Robbery;
843	4.  Kidnapping;
844	5.  Aggravated child abuse;
845	6.  Aggravated assault;
846	7.  Aggravated stalking;
847	8.  Murder;
848	9.  Manslaughter;
849	10.  Unlawful throwing, placing, or discharging of a
850	destructive device or bomb;
851	11.  Armed burglary;
852	12.  Aggravated battery;
853	13.  Any lewd or lascivious offense committed upon or in
854	the presence of a person less than 16 years of age; or
855	14.  Carrying, displaying, using, threatening, or
856	attempting to use a weapon or firearm during the commission of a
857	felony.
858	(b)  The youth is at least 13 years of age at the time of
859	the disposition, the current offense is a felony, and the child
860	has previously been committed at least two times to a
861	delinquency commitment program.
862	(c)  The youth is at least 13 years of age and is currently
863	committed for a felony offense and transferred from a moderate-
864	risk or high-risk residential commitment placement.
865	(50)(49)  "Serious or habitual juvenile offender program"
866	means the program established in s. 985.31.
867	(51)(50)  "Shelter" means a place for the temporary care of
868	a child who is alleged to be or who has been found to be
869	delinquent.
870	(52)(51)  "Shelter hearing" means a hearing provided for
871	under s. 984.14 in family-in-need-of-services cases or child-in-
872	need-of-services cases.
873	(53)(52)  "Staff-secure shelter" means a facility in which
874	a child is supervised 24 hours a day by staff members who are
875	awake while on duty. The facility is for the temporary care and
876	assessment of a child who has been found to be dependent, who
877	has violated a court order and been found in contempt of court,
878	or whom the Department of Children and Family Services is unable
879	to properly assess or place for assistance within the continuum
880	of services provided for dependent children.
881	(54)(53)  "Substance abuse" means using, without medical
882	reason, any psychoactive or mood-altering drug, including
883	alcohol, in such a manner as to induce impairment resulting in
884	dysfunctional social behavior.
885	(55)(54)  "Taken into custody" means the status of a child
886	immediately when temporary physical control over the child is
887	attained by a person authorized by law, pending the child's
888	release, detention, placement, or other disposition as
889	authorized by law.
890	(56)(55)  "Temporary legal custody" means the relationship
891	that a juvenile court creates between a child and an adult
892	relative of the child, adult nonrelative approved by the court,
893	or other person until a more permanent arrangement is ordered.
894	Temporary legal custody confers upon the custodian the right to
895	have temporary physical custody of the child and the right and
896	duty to protect, train, and discipline the child and to provide
897	the child with food, shelter, and education, and ordinary
898	medical, dental, psychiatric, and psychological care, unless
899	these rights and duties are otherwise enlarged or limited by the
900	court order establishing the temporary legal custody
901	relationship.
902	(57)(56)  "Temporary release" means the terms and
903	conditions under which a child is temporarily released from a
904	residential commitment facility or allowed home visits. If the
905	temporary release is from a moderate-risk residential facility,
906	a high-risk residential facility, or a maximum-risk residential
907	facility, the terms and conditions of the temporary release must
908	be approved by the child, the court, and the facility. The term
909	includes periods during which the child is supervised pursuant
910	to a conditional release program or a period during which the
911	child is supervised by a juvenile probation officer or other
912	nonresidential staff of the department or staff employed by an
913	entity under contract with the department.
914	(58)(57)  "Training school" means one of the following
915	facilities: the Arthur G. Dozier School or the Eckerd Youth
916	Development Center.
917	(59)(58)  "Violation of law" or "delinquent act" means a
918	violation of any law of this state, the United States, or any
919	other state which is a misdemeanor or a felony or a violation of
920	a county or municipal ordinance which would be punishable by
921	incarceration if the violation were committed by an adult.
922	(60)(59)  "Waiver hearing" means a hearing provided for
923	under s. 985.226(3).
924	Section 5.  Paragraph (b) of subsection (4) of section
925	985.201, Florida Statutes, is amended to read:
926	985.201  Jurisdiction.--
927	(4)
928	(b)1.  The court may retain jurisdiction over a child
929	committed to the department for placement in a juvenile
930	correctional facility prison or in a high-risk or maximum-risk
931	residential commitment program to allow the child to participate
932	in a juvenile conditional release program pursuant to s.
933	985.316. In no case shall the jurisdiction of the court be
934	retained beyond the child's 22nd birthday. However, if the child
935	is not successful in the conditional release program, the
936	department may use the transfer procedure under s. 985.404.
937	2.  The court may retain jurisdiction over a child
938	committed to the department for placement in an intensive
939	residential treatment program for 10-year-old to 13-year-old
940	offenders, in the residential commitment program in a juvenile
941	correctional facility prison, in a residential sex offender
942	program, or in a program for serious or habitual juvenile
943	offenders as provided in s. 985.311 or s. 985.31 until the child
944	reaches the age of 21. If the court exercises this jurisdiction
945	retention, it shall do so solely for the purpose of the child
946	completing the intensive residential treatment program for 10-
947	year-old to 13-year-old offenders, in the residential commitment
948	program in a juvenile correctional facility prison, in a
949	residential sex offender program, or the program for serious or
950	habitual juvenile offenders. Such jurisdiction retention does
951	not apply for other programs, other purposes, or new offenses.
952	Section 6.  Paragraph (d) of subsection (1) of section
953	985.207, Florida Statutes, is amended and paragraph (e) is added
954	to said subsection to read:
955	985.207  Taking a child into custody.--
956	(1)  A child may be taken into custody under the following
957	circumstances:
958	(d)  By a law enforcement officer who has probable cause to
959	believe that the child is in violation of the conditions of the
960	child's probation, home detention, postcommitment probation, or
961	conditional release supervision or has escaped in violation of
962	s. 985.3141 from commitment.
963	(e)  A court finds any of the following for a youth
964	awaiting disposition:
965	1.  That the child has a history of failing to appear for
966	court proceedings.
967	2.  That the child is presently ungovernable as evidenced
968	by his or her recent behavior.
969	3.  That the child presents a risk of failing to appear for
970	future proceedings or to inflict harm to himself or others or
971	the property of others because of his or her present
972	ungovernable behavior.
973
974	Nothing in this subsection shall be construed to allow the
975	detention of a child who does not meet the detention criteria in
976	s. 985.215.
977	Section 7.  Subsection (1) of section 985.208, Florida
978	Statutes, is amended to read:
979	985.208  Detention of escapee on authority of the
980	department.--
981	(1)  If an authorized agent of the department has
982	reasonable grounds to believe that any delinquent child
983	committed to the department has escaped from a residential
984	commitment facility of the department or from being lawfully
985	transported thereto or therefrom, the agent may take the child
986	into active custody and may deliver the child to the facility
987	or, if it is closer, to a detention center for return to the
988	facility. However, a child may not be held in detention longer
989	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
990	unless a special order so directing is made by the judge after a
991	detention hearing resulting in a finding that detention is
992	required based on the criteria in s. 985.215(2). The order shall
993	state the reasons for such finding. The reasons shall be
994	reviewable by appeal or in habeas corpus proceedings in the
995	district court of appeal.
996	Section 8.  Paragraph (f) is added to subsection (1) of
997	section 985.213, Florida Statutes, to read:
998	985.213  Use of detention.--
999	(1)  All determinations and court orders regarding the use
1000	of secure, nonsecure, or home detention shall be based primarily
1001	upon findings that the child:
1002	(f)  Meets the criteria for taking a child into custody
1003	pursuant to s. 985.207(1)(e). Youth detained pursuant to this
1004	paragraph shall be detained in secure detention or, at the
1005	discretion of the court and if available, placed on home
1006	detention with electronic monitoring until final disposition.
1007	Section 9.  Paragraphs (a) and (d) of subsection (1) and
1008	subsection (2) of section 985.231, Florida Statutes, are amended
1009	to read:
1010	985.231  Powers of disposition in delinquency cases.--
1011	(1)(a)  The court that has jurisdiction of an adjudicated
1012	delinquent child may, by an order stating the facts upon which a
1013	determination of a sanction and rehabilitative program was made
1014	at the disposition hearing:
1015	1.  Place the child in a probation program or a
1016	postcommitment probation program under the supervision of an
1017	authorized agent of the Department of Juvenile Justice or of any
1018	other person or agency specifically authorized and appointed by
1019	the court, whether in the child's own home, in the home of a
1020	relative of the child, or in some other suitable place under
1021	such reasonable conditions as the court may direct. A probation
1022	program for an adjudicated delinquent child must include a
1023	penalty component such as restitution in money or in kind,
1024	community service, a curfew, revocation or suspension of the
1025	driver's license of the child, or other nonresidential
1026	punishment appropriate to the offense and must also include a
1027	rehabilitative program component such as a requirement of
1028	participation in substance abuse treatment or in school or other
1029	educational program. If the child is attending or is eligible to
1030	attend public school and the court finds that the victim or a
1031	sibling of the victim in the case is attending or may attend the
1032	same school as the child, the court placement order shall
1033	include a finding pursuant to the proceedings described in s.
1034	985.23(1)(d). Upon the recommendation of the department at the
1035	time of disposition, or subsequent to disposition pursuant to
1036	the filing of a petition alleging a violation of the child's
1037	conditions of postcommitment probation, the court may order the
1038	child to submit to random testing for the purpose of detecting
1039	and monitoring the use of alcohol or controlled substances.
1040	a.  A restrictiveness level classification scale for levels
1041	of supervision shall be provided by the department, taking into
1042	account the child's needs and risks relative to probation
1043	supervision requirements to reasonably ensure the public safety.
1044	Probation programs for children shall be supervised by the
1045	department or by any other person or agency specifically
1046	authorized by the court. These programs must include, but are
1047	not limited to, structured or restricted activities as described
1048	in this subparagraph, and shall be designed to encourage the
1049	child toward acceptable and functional social behavior. If
1050	supervision or a program of community service is ordered by the
1051	court, the duration of such supervision or program must be
1052	consistent with any treatment and rehabilitation needs
1053	identified for the child and may not exceed the term for which
1054	sentence could be imposed if the child were committed for the
1055	offense, except that the duration of such supervision or program
1056	for an offense that is a misdemeanor of the second degree, or is
1057	equivalent to a misdemeanor of the second degree, may be for a
1058	period not to exceed 6 months. When restitution is ordered by
1059	the court, the amount of restitution may not exceed an amount
1060	the child and the parent or guardian could reasonably be
1061	expected to pay or make. A child who participates in any work
1062	program under this part is considered an employee of the state
1063	for purposes of liability, unless otherwise provided by law.
1064	b.  The court may conduct judicial review hearings for a
1065	child placed on probation for the purpose of fostering
1066	accountability to the judge and compliance with other
1067	requirements, such as restitution and community service. The
1068	court may allow early termination of probation for a child who
1069	has substantially complied with the terms and conditions of
1070	probation.
1071	c.  If the conditions of the probation program or the
1072	postcommitment probation program are violated, the department or
1073	the state attorney may bring the child before the court on a
1074	petition alleging a violation of the program. Any child who
1075	violates the conditions of probation or postcommitment probation
1076	must be brought before the court if sanctions are sought. A
1077	child taken into custody under s. 985.207 for violating the
1078	conditions of probation or postcommitment probation shall be
1079	held in a consequence unit if such a unit is available. The
1080	child shall be afforded a hearing within 24 hours after being
1081	taken into custody to determine the existence of probable cause
1082	that the child violated the conditions of probation or
1083	postcommitment probation. A consequence unit is a secure
1084	facility specifically designated by the department for children
1085	who are taken into custody under s. 985.207 for violating
1086	probation or postcommitment probation, or who have been found by
1087	the court to have violated the conditions of probation or
1088	postcommitment probation. If the violation involves a new charge
1089	of delinquency, the child may be detained under s. 985.215 in a
1090	facility other than a consequence unit. If the child is not
1091	eligible for detention for the new charge of delinquency, the
1092	child may be held in the consequence unit pending a hearing and
1093	is subject to the time limitations specified in s. 985.215. If
1094	the child denies violating the conditions of probation or
1095	postcommitment probation, the court shall appoint counsel to
1096	represent the child at the child's request. Upon the child's
1097	admission, or if the court finds after a hearing that the child
1098	has violated the conditions of probation or postcommitment
1099	probation, the court shall enter an order revoking, modifying,
1100	or continuing probation or postcommitment probation. In each
1101	such case, the court shall enter a new disposition order and, in
1102	addition to the sanctions set forth in this paragraph, may
1103	impose any sanction the court could have imposed at the original
1104	disposition hearing. If the child is found to have violated the
1105	conditions of probation or postcommitment probation, the court
1106	may:
1107	(I)  Place the child in a consequence unit in that judicial
1108	circuit, if available, for up to 5 days for a first violation,
1109	and up to 15 days for a second or subsequent violation.
1110	(II)  Place the child on home detention with electronic
1111	monitoring. However, this sanction may be used only if a
1112	residential consequence unit is not available.
1113	(III)  Modify or continue the child's probation program or
1114	postcommitment probation program.
1115	(IV)  Revoke probation or postcommitment probation and
1116	commit the child to the department.
1117	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1118	as provided in s. 985.31, the term of any order placing a child
1119	in a probation program must be until the child's 19th birthday
1120	unless he or she is released by the court, on the motion of an
1121	interested party or on its own motion.
1122	2.  Commit the child to a licensed child-caring agency
1123	willing to receive the child, but the court may not commit the
1124	child to a jail or to a facility used primarily as a detention
1125	center or facility or shelter.
1126	3.  Commit the child to the department of Juvenile Justice
1127	at a restrictiveness residential commitment level defined in s.
1128	985.03. The court may specify a program or facility within the
1129	restrictiveness level to which the child has been ordered. For a
1130	child ordered committed to a specific high-risk residential or
1131	maximum-risk residential program or facility, the department may
1132	notify the dispositional judge of alternative placements of the
1133	same risk level, as space becomes available, that could be
1134	accomplished prior to entry of the child into the court-ordered
1135	program or facility. With respect to any court-specified
1136	placement, the court may not select a program or facility that
1137	is not under contract with the department. If the court finds
1138	that the planned vacancies at the program or facility specified
1139	by the court are insufficient to allow for the placement of the
1140	child within 45 days after the commitment order, the court must
1141	select a program or facility of the same restrictiveness level
1142	from at least three alternative placements provided by the
1143	department. Such commitment must be for the purpose of
1144	exercising active control over the child, including, but not
1145	limited to, custody, care, training, urine monitoring, and
1146	treatment of the child and release of the child from residential
1147	commitment into the community in a postcommitment nonresidential
1148	conditional release program. If the child is eligible to attend
1149	public school following residential commitment and the court
1150	finds that the victim or a sibling of the victim in the case is
1151	or may be attending the same school as the child, the commitment
1152	order shall include a finding pursuant to the proceedings
1153	described in s. 985.23(1)(d). If the child is not successful in
1154	the conditional release program, the department may use the
1155	transfer procedure under s. 985.404. Notwithstanding s. 743.07
1156	and paragraph (d), and except as provided in s. 985.31, the term
1157	of the commitment must be until the child is discharged by the
1158	department or until he or she reaches the age of 21.
1159	4.  Revoke or suspend the driver's license of the child.
1160	5.  Require the child and, if the court finds it
1161	appropriate, the child's parent or guardian together with the
1162	child, to render community service in a public service program.
1163	6.  As part of the probation program to be implemented by
1164	the Department of Juvenile Justice, or, in the case of a
1165	committed child, as part of the community-based sanctions
1166	ordered by the court at the disposition hearing or before the
1167	child's release from commitment, order the child to make
1168	restitution in money, through a promissory note cosigned by the
1169	child's parent or guardian, or in kind for any damage or loss
1170	caused by the child's offense in a reasonable amount or manner
1171	to be determined by the court. The clerk of the circuit court
1172	shall be the receiving and dispensing agent. In such case, the
1173	court shall order the child or the child's parent or guardian to
1174	pay to the office of the clerk of the circuit court an amount
1175	not to exceed the actual cost incurred by the clerk as a result
1176	of receiving and dispensing restitution payments. The clerk
1177	shall notify the court if restitution is not made, and the court
1178	shall take any further action that is necessary against the
1179	child or the child's parent or guardian. A finding by the court,
1180	after a hearing, that the parent or guardian has made diligent
1181	and good faith efforts to prevent the child from engaging in
1182	delinquent acts absolves the parent or guardian of liability for
1183	restitution under this subparagraph.
1184	7.  Order the child and, if the court finds it appropriate,
1185	the child's parent or guardian together with the child, to
1186	participate in a community work project, either as an
1187	alternative to monetary restitution or as part of the
1188	rehabilitative or probation program.
1189	8.  Commit the child to the Department of Juvenile Justice
1190	for placement in a program or facility for serious or habitual
1191	juvenile offenders in accordance with s. 985.31. Any commitment
1192	of a child to a program or facility for serious or habitual
1193	juvenile offenders must be for an indeterminate period of time,
1194	but the time may not exceed the maximum term of imprisonment
1195	that an adult may serve for the same offense. The court may
1196	retain jurisdiction over such child until the child reaches the
1197	age of 21, specifically for the purpose of the child completing
1198	the program.
1199	9.  In addition to the sanctions imposed on the child,
1200	order the parent or guardian of the child to perform community
1201	service if the court finds that the parent or guardian did not
1202	make a diligent and good faith effort to prevent the child from
1203	engaging in delinquent acts. The court may also order the parent
1204	or guardian to make restitution in money or in kind for any
1205	damage or loss caused by the child's offense. The court shall
1206	determine a reasonable amount or manner of restitution, and
1207	payment shall be made to the clerk of the circuit court as
1208	provided in subparagraph 6.
1209	10.  Subject to specific appropriation, commit the juvenile
1210	sexual offender to the Department of Juvenile Justice for
1211	placement in a program or facility for juvenile sexual offenders
1212	in accordance with s. 985.308. Any commitment of a juvenile
1213	sexual offender to a program or facility for juvenile sexual
1214	offenders must be for an indeterminate period of time, but the
1215	time may not exceed the maximum term of imprisonment that an
1216	adult may serve for the same offense. The court may retain
1217	jurisdiction over a juvenile sexual offender until the juvenile
1218	sexual offender reaches the age of 21, specifically for the
1219	purpose of completing the program.
1220	(d)  Any commitment of a delinquent child to the Department
1221	of Juvenile Justice must be for an indeterminate period of time,
1222	which may include periods of temporary release; however, but the
1223	period of time may not exceed the maximum term of imprisonment
1224	that an adult may serve for the same offense, except that the
1225	duration of a minimum-risk nonresidential commitment for an
1226	offense that is a misdemeanor of the second degree, or is
1227	equivalent to a misdemeanor of the second degree, may be for a
1228	period not to exceed 6 months. The duration of the child's
1229	placement in a residential commitment program of any
1230	restrictiveness level shall be based on objective performance-
1231	based treatment planning. The child's treatment plan progress
1232	and adjustment-related issues shall be reported to the court
1233	each month. The child's length of stay in a residential
1234	commitment program may be extended if the child fails to comply
1235	with or participate in treatment activities. The child's length
1236	of stay in the such program shall not be extended for purposes
1237	of sanction or punishment. Any temporary release from such
1238	program must be approved by the court. Any child so committed
1239	may be discharged from institutional confinement or a program
1240	upon the direction of the department with the concurrence of the
1241	court. The child's treatment plan progress and adjustment-
1242	related issues must be communicated to the court at the time the
1243	department requests the court to consider releasing the child
1244	from the residential commitment program. Notwithstanding s.
1245	743.07 and this subsection, and except as provided in ss.
1246	985.201 and 985.31, a child may not be held under a commitment
1247	from a court under pursuant to this section after becoming 21
1248	years of age. The department shall give the court that committed
1249	the child to the department reasonable notice, in writing, of
1250	its desire to discharge the child from a commitment facility.
1251	The court that committed the child may thereafter accept or
1252	reject the request. If the court does not respond within 10 days
1253	after receipt of the notice, the request of the department shall
1254	be deemed granted. This section does not limit the department's
1255	authority to revoke a child's temporary release status and
1256	return the child to a commitment facility for any violation of
1257	the terms and conditions of the temporary release.
1258	(2)  Following a delinquency adjudicatory hearing pursuant
1259	to s. 985.228 and a delinquency disposition hearing pursuant to
1260	s. 985.23 which results in a commitment determination, the court
1261	shall, on its own or upon request by the state or the
1262	department, determine whether the protection of the public
1263	requires that the child be placed in a program for serious or
1264	habitual juvenile offenders and whether the particular needs of
1265	the child would be best served by a program for serious or
1266	habitual juvenile offenders as provided in s. 985.31. The
1267	determination shall be made pursuant to ss. 985.03(49)(48) and
1268	985.23(3).
1269	Section 10.  Paragraph (a) of subsection (1) of section
1270	985.2311, Florida Statutes, is amended to read:
1271	985.2311  Cost of supervision; cost of care.--
1272	(1)  Except as provided in subsection (3) or subsection
1273	(4):
1274	(a)  When any child is placed into home detention,
1275	probation, or other supervision status with the Department of
1276	Juvenile Justice, or is committed to the minimum-risk
1277	nonresidential restrictiveness level, the court shall order the
1278	parent of such child to pay to the department a fee for the cost
1279	of the supervision of such child in the amount of $1 per day for
1280	each day that the child is in such supervision status.
1281	Section 11.  Section 985.313, Florida Statutes, is amended
1282	to read:
1283	985.313  Juvenile correctional facilities or juvenile
1284	prison.--A juvenile correctional facility or juvenile prison is
1285	a physically secure residential commitment program with a
1286	designated length of stay from 18 months to 36 months, primarily
1287	serving children 13 years of age to 19 years of age, or until
1288	the jurisdiction of the court expires. The court may retain
1289	jurisdiction over the child until the child reaches the age of
1290	21, specifically for the purpose of the child completing the
1291	program. Each child committed to this level must meet one of the
1292	following criteria:
1293	(1)  The youth is at least 13 years of age at the time of
1294	the disposition for the current offense and has been adjudicated
1295	on the current offense for:
1296	(a)  Arson;
1297	(b)  Sexual battery;
1298	(c)  Robbery;
1299	(d)  Kidnapping;
1300	(e)  Aggravated child abuse;
1301	(f)  Aggravated assault;
1302	(g)  Aggravated stalking;
1303	(h)  Murder;
1304	(i)  Manslaughter;
1305	(j)  Unlawful throwing, placing, or discharging of a
1306	destructive device or bomb;
1307	(k)  Armed burglary;
1308	(l)  Aggravated battery;
1309	(m)  Carjacking;
1310	(n)  Home-invasion robbery;
1311	(o)  Burglary with an assault or battery;
1312	(p)  Any lewd or lascivious offense committed upon or in
1313	the presence of a person less than 16 years of age; or
1314	(q)  Carrying, displaying, using, threatening to use, or
1315	attempting to use a weapon or firearm during the commission of a
1316	felony.
1317	(2)  The youth is at least 13 years of age at the time of
1318	the disposition, the current offense is a felony, and the child
1319	has previously been committed three or more times to a
1320	delinquency commitment program.
1321	(3)  The youth is at least 13 years of age and is currently
1322	committed for a felony offense and transferred from a moderate-
1323	risk or high-risk residential commitment placement.
1324	(4)  The youth is at least 13 years of age at the time of
1325	the disposition for the current offense, the youth is eligible
1326	for prosecution as an adult for the current offense, and the
1327	current offense is ranked at level 7 or higher on the Criminal
1328	Punishment Code offense severity ranking chart pursuant to s.
1329	921.0022.
1330	Section 12.  Subsection (3) of section 985.316, Florida
1331	Statutes, is amended to read:
1332	985.316  Conditional release.--
1333	(3)  For juveniles referred or committed to the department,
1334	the function of the department may include, but shall not be
1335	limited to, assessing each committed juvenile placed in a
1336	residential commitment program to determine the need for
1337	conditional release services upon release from the a commitment
1338	program, supervising the juvenile when released into the
1339	community from a residential commitment facility of the
1340	department, providing such counseling and other services as may
1341	be necessary for the families and assisting their preparations
1342	for the return of the child. Subject to specific appropriation,
1343	the department shall provide for outpatient sexual offender
1344	counseling for any juvenile sexual offender released from a
1345	residential commitment program as a component of conditional
1346	release.
1347	Section 13.  Section 784.075, Florida Statutes, is amended
1348	to read:
1349	784.075  Battery on detention or commitment facility staff
1350	or a juvenile probation officer.--A person who commits a battery
1351	on a juvenile probation officer, as defined in s. 984.03 or s.
1352	985.03, on other staff of a detention center or facility as
1353	defined in s. 984.03(19) or s. 985.03(20)(19), or on a staff
1354	member of a commitment facility as defined in s. 985.03(46)(45),
1355	commits a felony of the third degree, punishable as provided in
1356	s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1357	section, a staff member of the facilities listed includes
1358	persons employed by the Department of Juvenile Justice, persons
1359	employed at facilities licensed by the Department of Juvenile
1360	Justice, and persons employed at facilities operated under a
1361	contract with the Department of Juvenile Justice.
1362	Section 14.  Section 984.05, Florida Statutes, is amended
1363	to read:
1364	984.05  Rules relating to habitual truants; adoption by
1365	State Board of Education and Department of Juvenile
1366	Justice.--The Department of Juvenile Justice and the State Board
1367	of Education shall work together on the development of, and
1368	shall adopt, rules as necessary for the implementation of ss.
1369	984.03(27), 985.03(26)(25), and 1003.27.
1370	Section 15.  Paragraph (e) of subsection (3) and paragraph
1371	(a) of subsection (4) of section 985.31, Florida Statutes, are
1372	amended, and for the purpose of incorporating the amendment to
1373	section 985.231, Florida Statutes, in references thereto,
1374	paragraph (k) of subsection (3) of said section is reenacted to
1375	read:
1376	985.31  Serious or habitual juvenile offender.--
1377	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1378	TREATMENT.--
1379	(e)  After a child has been adjudicated delinquent pursuant
1380	to s. 985.228, the court shall determine whether the child meets
1381	the criteria for a serious or habitual juvenile offender
1382	pursuant to s. 985.03(49)(48). If the court determines that the
1383	child does not meet such criteria, the provisions of s.
1384	985.231(1) shall apply.
1385	(k)  Any commitment of a child to the department for
1386	placement in a serious or habitual juvenile offender program or
1387	facility shall be for an indeterminate period of time, but the
1388	time shall not exceed the maximum term of imprisonment which an
1389	adult may serve for the same offense. Notwithstanding the
1390	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1391	habitual juvenile offender shall not be held under commitment
1392	from a court pursuant to this section, s. 985.231, or s. 985.233
1393	after becoming 21 years of age. This provision shall apply only
1394	for the purpose of completing the serious or habitual juvenile
1395	offender program pursuant to this chapter and shall be used
1396	solely for the purpose of treatment.
1397	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1398	(a)  Pursuant to the provisions of this section, the
1399	department shall implement the comprehensive assessment
1400	instrument for the treatment needs of serious or habitual
1401	juvenile offenders and for the assessment, which assessment
1402	shall include the criteria under s. 985.03(49)(48) and shall
1403	also include, but not be limited to, evaluation of the child's:
1404	1.  Amenability to treatment.
1405	2.  Proclivity toward violence.
1406	3.  Tendency toward gang involvement.
1407	4.  Substance abuse or addiction and the level thereof.
1408	5.  History of being a victim of child abuse or sexual
1409	abuse, or indication of sexual behavior dysfunction.
1410	6.  Number and type of previous adjudications, findings of
1411	guilt, and convictions.
1412	7.  Potential for rehabilitation.
1413	Section 16.  Subsection (2) of section 985.3141, Florida
1414	Statutes, is amended to read:
1415	985.3141  Escapes from secure detention or residential
1416	commitment facility.--An escape from:
1417	(2)  Any residential commitment facility described in s.
1418	985.03(46)(45), maintained for the custody, treatment,
1419	punishment, or rehabilitation of children found to have
1420	committed delinquent acts or violations of law; or
1421
1422	constitutes escape within the intent and meaning of s. 944.40
1423	and is a felony of the third degree, punishable as provided in
1424	s. 775.082, s. 775.083, or s. 775.084.
1425	Section 17.  For the purpose of incorporating the amendment
1426	to section 985.231, Florida Statutes, in a reference thereto,
1427	paragraph (a) of subsection (4) of section 985.201, Florida
1428	Statutes, is reenacted to read:
1429	985.201  Jurisdiction.--
1430	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1431	985.231, and except as provided in ss. 985.31 and 985.313, when
1432	the jurisdiction of any child who is alleged to have committed a
1433	delinquent act or violation of law is obtained, the court shall
1434	retain jurisdiction, unless relinquished by its order, until the
1435	child reaches 19 years of age, with the same power over the
1436	child that the court had prior to the child becoming an adult.
1437	Section 18.  For the purpose of incorporating the amendment
1438	to section 985.231, Florida Statutes, in a reference thereto,
1439	paragraph (b) of subsection (4) of section 985.233, Florida
1440	Statutes, is reenacted to read:
1441	985.233  Sentencing powers; procedures; alternatives for
1442	juveniles prosecuted as adults.--
1443	(4)  SENTENCING ALTERNATIVES.--
1444	(b)  Sentencing to juvenile sanctions.--For juveniles
1445	transferred to adult court but who do not qualify for such
1446	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1447	(b), the court may impose juvenile sanctions under this
1448	paragraph. If juvenile sentences are imposed, the court shall,
1449	pursuant to this paragraph, adjudge the child to have committed
1450	a delinquent act. Adjudication of delinquency shall not be
1451	deemed a conviction, nor shall it operate to impose any of the
1452	civil disabilities ordinarily resulting from a conviction. The
1453	court shall impose an adult sanction or a juvenile sanction and
1454	may not sentence the child to a combination of adult and
1455	juvenile punishments. An adult sanction or a juvenile sanction
1456	may include enforcement of an order of restitution or probation
1457	previously ordered in any juvenile proceeding. However, if the
1458	court imposes a juvenile sanction and the department determines
1459	that the sanction is unsuitable for the child, the department
1460	shall return custody of the child to the sentencing court for
1461	further proceedings, including the imposition of adult
1462	sanctions. Upon adjudicating a child delinquent under subsection
1463	(1), the court may:
1464	1.  Place the child in a probation program under the
1465	supervision of the department for an indeterminate period of
1466	time until the child reaches the age of 19 years or sooner if
1467	discharged by order of the court.
1468	2.  Commit the child to the department for treatment in an
1469	appropriate program for children for an indeterminate period of
1470	time until the child is 21 or sooner if discharged by the
1471	department. The department shall notify the court of its intent
1472	to discharge no later than 14 days prior to discharge. Failure
1473	of the court to timely respond to the department's notice shall
1474	be considered approval for discharge.
1475	3.  Order disposition pursuant to s. 985.231 as an
1476	alternative to youthful offender or adult sentencing if the
1477	court determines not to impose youthful offender or adult
1478	sanctions.
1479
1480	It is the intent of the Legislature that the criteria and
1481	guidelines in this subsection are mandatory and that a
1482	determination of disposition under this subsection is subject to
1483	the right of the child to appellate review under s. 985.234.
1484	Section 19.  For the purpose of incorporating the amendment
1485	to section 985.231, Florida Statutes, in a reference thereto,
1486	paragraph (e) of subsection (3) of section 985.311, Florida
1487	Statutes, is reenacted to read:
1488	985.311  Intensive residential treatment program for
1489	offenders less than 13 years of age.--
1490	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1491	TREATMENT.--
1492	(e)  After a child has been adjudicated delinquent pursuant
1493	to s. 985.228(5), the court shall determine whether the child is
1494	eligible for an intensive residential treatment program for
1495	offenders less than 13 years of age pursuant to s. 985.03(7). If
1496	the court determines that the child does not meet the criteria,
1497	the provisions of s. 985.231(1) shall apply.
1498	Section 20.  This act shall take effect July 1, 2005.

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