HB 1917

CS

CHAMBER ACTION

1	The Juvenile Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to juvenile justice; amending s. 985.2155,
7	F.S.; revising provisions relating to county
8	responsibility for juvenile intake, detention screening,
9	and detention; deleting references to state
10	responsibility; providing for state financial assistance;
11	providing criteria for assignment of county costs and
12	responsibility; requiring the Department of Juvenile
13	Justice to adopt rules establishing quality assurance
14	standards for county intake, detention screening, and
15	detention care operations; requiring that each county
16	shall submit an implementation plan for its assumption of
17	certain responsibilities; revising the deadline for
18	development of a methodology for determining the amount of
19	each fiscally constrained county's costs for certain
20	services; amending s. 943.0515, F.S.; deleting the term
21	"juvenile prison"; amending s. 985.03, F.S.; revising
22	definitions relating to juvenile justice; creating a
23	definition for the term "day treatment"; providing for
24	county detention care and intake responsibility; creating
25	the minimum-risk nonresidential restrictiveness level;
26	providing that high-risk residential facilities may be
27	environmentally secure; removing juvenile prisons from the
28	maximum-risk residential level; providing that temporary
29	release may be granted from residential commitment
30	facilities; amending s. 985.201, F.S.; conforming to
31	definition changes; amending s. 985.207, F.S.; providing
32	that a child may be taken into custody for absconding from
33	a nonresidential commitment facility; providing for a
34	child to be taken into custody for specified court
35	findings; amending s. 985.208, F.S.; providing that a
36	child may be taken into custody for absconding from a
37	nonresidential commitment facility; amending s. 985.213,
38	F.S.; providing that permissible detention findings
39	include specified criteria for taking a child into
40	custody; amending s. 985.215, F.S.; providing that a child
41	may be placed in detention for absconding from a
42	nonresidential commitment facility; providing procedures
43	and time limits for detention for absconding from a
44	nonresidential commitment facility; providing exceptions
45	that permit a child to be placed in detention
46	postadjudication for more than 15 days; providing
47	procedures for exceptions; conforming a cross reference;
48	providing for detention for committed children; providing
49	secure detention for children awaiting minimum-risk
50	placement who violate home or nonsecure detention or
51	electronic monitoring; providing for limited secure
52	detention for children being transported to residential
53	commitment programs; amending s. 985.228, F.S.; requiring
54	the court to include specified conditions in order of
55	adjudication that are applicable to a youth for the
56	postadjudication and predisposition period; amending s.
57	985.231, F.S.; revising provisions relating to powers of
58	disposition; permitting a court to specify the program or
59	facility a youth shall be placed in when committed;
60	providing procedures for a court's specific placement;
61	providing the maximum length for a minimum-risk
62	nonresidential commitment for a second degree misdemeanor;
63	making conforming changes; providing for commitment of a
64	child to a specific high-risk residential or maximum-risk
65	residential program or facility; amending s. 985.2311,
66	F.S.; providing that parents shall pay fees for costs of
67	supervision related to minimum-risk nonresidential
68	commitment; amending s. 985.313, F.S.; conforming to
69	definitions changes; amending s. 985.316, F.S.; providing
70	for assessment of residentially committed youth for
71	conditional release services; amending s. 985.404, F.S.;
72	requiring the court to issue written orders granting or
73	denying specified department?requested transfers for
74	committed youth; permitting the court to conduct a
75	hearing; prohibiting specified department-requested
76	transfers prior to department receipt of a written court
77	order granting the transfer; amending s. 985.4135, F.S.;
78	requiring juvenile justice county councils to develop
79	criteria for law enforcement referrals to juvenile
80	assessment centers; amending ss. 784.075, 984.05, 985.31,
81	and 985.3141, F.S.; conforming cross references;
82	reenacting ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k),
83	and 985.311(3)(e), F.S., relating to jurisdiction,
84	sentencing alternatives, commitment of serious or habitual
85	juvenile offenders, and eligibility for an intensive
86	residential treatment program for offenders less than 13
87	years of age, respectively, to incorporate the amendment
88	to s. 985.231, F.S., in references thereto; providing an
89	effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Section 985.2155, Florida Statutes, as amended
94	by chapter 2004-473, Laws of Florida, is amended to read:
95	985.2155  Shared County and state responsibility for
96	juvenile detention; state financial assistance.--
97	(1)  It is the policy of this state that the state and the
98	counties be responsible for juvenile intake, detention
99	screening, and detention care in the manner have a joint
100	obligation, as provided in this section, to contribute to the
101	financial support of the detention care provided for juveniles.
102	(2)  As used in this section, the term:
103	(a)  "Final court disposition" means the trial court's
104	entry of a written disposition order for a juvenile under ss.
105	985.23 and 985.231. "Detention care" means secure detention.
106	(b)  "Fiscally constrained county" means a county
107	designated as a rural area of critical economic concern under s.
108	288.0656 for which the value of a mill in the county is no more
109	than $4 million $3 million, based on the property valuations and
110	tax data annually published by the Department of Revenue under
111	s. 195.052.
112	(3)(a)  As soon as possible, but, in any event, no later
113	than January 1, 2007, each county shall be responsible for the
114	operation of, and payment of all pay the costs associated with
115	of providing intake, detention screening, and detention care,
116	exclusive of the costs of any preadjudicatory nonmedical
117	educational or therapeutic services, for juveniles for the
118	period of time prior to final court disposition. The department
119	shall develop an accounts payable system to allocate costs that
120	are payable by the counties.
121	(b)  Each county may contract with public and private
122	organizations, including the department and county or municipal
123	governments, to carry out its responsibilities under this
124	section. In addition, the department may contract with counties
125	for the costs of detention and other services provided to
126	juveniles after final court disposition.
127	(c)(4)  Notwithstanding subsection (3), The state shall,
128	subject to specific appropriations, reimburse each fiscally
129	constrained county for up to 100 percent of its costs under
130	paragraph (a) pay all costs of detention care for juveniles for
131	which a fiscally constrained county would otherwise be billed.
132	In addition, the state shall, subject to specific
133	appropriations, provide financial assistance to counties that
134	are not fiscally constrained. Provision of state funds to a
135	county under this paragraph shall be contingent upon the county
136	maintaining facilities and services within specified standards
137	established by the department under subsection (4) and in
138	compliance with state and federal constitutional standards.
139	(d)  Prior to county provision of services, the department
140	shall continue to operate intake, detention screening, and
141	detention care for juveniles, and each county shall reimburse
142	the department for the cost of providing such services to
143	juveniles arrested in the county prior to final court
144	disposition. If a juvenile is arrested in a county other than
145	his or her county of residence, the juvenile shall be
146	transferred to his or her county of residence or to the juvenile
147	detention facility that serves his or her county of residence as
148	soon as practicable, and the county of residence shall become
149	responsible for all costs upon transfer of the juvenile.
150	(e)  The department shall make existing detention center
151	facilities available to counties that wish to use these
152	facilities at no cost other than the costs of routine
153	maintenance and the cost of maintaining adequate property and
154	liability insurance as determined by the department. Any county
155	using a facility serving multiple counties must agree to a
156	cooperative agreement with other counties from the area that
157	wish to use the facility. The agreement must specify how costs
158	and operational responsibility will be shared among each of the
159	counties.
160	(4)  The department shall adopt rules establishing quality
161	assurance standards for county intake, detention screening, and
162	detention care operations that shall include the following
163	provisions:
164	(a)  Compliance with state and federal constitutional
165	standards.
166	(b)  Compliance with state and federal laws.
167	(c)  Continuance of educational services to juveniles in
168	secure detention facilities.
169	(d)  Prohibition of the inappropriate use of detention.
170	(e)  Authorization of county flexibility to develop
171	innovative approaches to service delivery that will help
172	counties contain costs and provide more appropriate services to
173	youth. Such alternative strategies include, but are not limited
174	to, diversion of status offenders and youth charged with local
175	ordinance violations and nonviolent misdemeanors from
176	traditional intake services; the use, with court approval, of
177	electronic monitoring in lieu of secure detention; and the use,
178	with court approval, of day treatment programs for youth who are
179	awaiting placement in a residential commitment program in lieu
180	of secure detention. Any alternative program must demonstrate
181	that there is no adverse impact on public order or safety and
182	that provisions will be made to ensure that youth will attend
183	court proceedings.
184	(f)  Transportation of youth to and from court. The
185	department shall be responsible for transporting youth to a
186	program of the department after final court disposition.
187	(g)  Sight and sound separation of detained youth from
188	youthful and adult offenders.
189	(h)  Staffing standards and minimum qualifications of staff
190	who work with youth and level 2 employment screening
191	requirements under chapter 435 for all personnel employed or
192	contracted by a county for work in any facility or program under
193	this section.
194	(i)  Uniform standards, including uniform reporting
195	formats, for intake and screening activities.
196	(j)  Minimum standards for detention facilities housing
197	youth.
198	(k)  Uniform standards for medical care for youth,
199	including protocols for emergency services and hospitalization
200	when necessary.
201	(l)  Uniform standards for mental health and substance
202	abuse assessment and treatment for youth, including measures
203	necessary to prevent suicide of detained youth.
204	(m)  Requirement that any organization engaged by the
205	county to provide services under this section is subject to all
206	staffing standards and minimum staff qualifications established
207	under this subsection.
208	(n)  Access by the department to all facilities and
209	programs at any time to conduct quality assurance and program
210	compliance reviews.
211	(o)  Provision for the state to take any county program or
212	facility into receivership upon a determination that a county
213	program or facility is not in compliance with statewide quality
214	assurance standards and, as such, places youth in imminent
215	physical danger or violates constitutional standards regarding
216	the care and confinement of juveniles. The department shall
217	operate, either directly or under contract, any county program
218	or facility taken into receivership under this paragraph.
219	(p)  Requirement that if the state takes a facility or
220	program under receivership, the county shall be liable for costs
221	incurred by the department for operating the facility or program
222	plus an administrative fee of 10 percent of the cost of
223	operating the facility or program.
224	(q)  A process for counties to appeal a department decision
225	to place a facility or program under receivership.
226	(r)  Regular, ongoing quality assurance monitoring by the
227	department to ensure compliance with the quality assurance
228	standards established under this subsection.
229	(5)(a)  By July 1, 2006, each county shall submit to the
230	department an implementation plan for its assumption of the
231	intake, detention screening, and detention responsibilities set
232	forth in paragraph (3)(a). This plan shall be in a format to be
233	determined by the department and must include:
234	1.  A detailed schedule for county assumption of
235	responsibilities.
236	2.  A complete description of program operations, including
237	any private or public entity engaged by the county to provide
238	services.
239	3.  Any agreements reached with other counties to operate
240	regional facilities or programs.
241	4.  An attestation by the chair of the board of county
242	commissioners and the county manager that the county will remain
243	in compliance with all quality assurance standards established
244	by the department under subsection (4).
245	5.  Such other information as required by the department.
246	(b)  The department shall review each county's
247	implementation plan and shall provide notice to the county
248	administrator of the department's approval or disapproval of
249	such plan no later than October 1, 2006. The department's
250	failure to provide such notice by October 1, 2006, shall
251	constitute approval.
252	(6)(a)  By October 1, 2006 2004, the department shall
253	develop a methodology for determining the amount of each
254	fiscally constrained county's costs under paragraph (3)(a) for
255	intake, detention screening, and of detention care for
256	juveniles, during for the period of time prior to final court
257	disposition that, which must be paid by the state. At a minimum,
258	this methodology must consider the difference between the amount
259	appropriated to the department for offsetting the costs
260	associated with the assignment of juvenile intake, detention
261	screening, and pretrial detention care expenses to the fiscally
262	constrained county and the total estimated costs to the fiscally
263	constrained county, for the fiscal year, of intake, detention
264	screening, and detention care for juveniles for the period of
265	time prior to final court disposition.
266	(b)  Subject to legislative appropriation and based on the
267	methodology developed under paragraph (a), the department shall
268	provide funding to offset the costs to fiscally constrained
269	counties of intake, detention screening, and detention care for
270	juveniles for the period of time prior to final court
271	disposition. If county matching funds are required by the
272	department to eliminate the difference calculated under
273	paragraph (a) or the difference between the actual costs of the
274	fiscally constrained counties and the amount appropriated in
275	small county grants for use in mitigating such costs, that match
276	amount must be allocated proportionately among all fiscally
277	constrained counties.
278	(7)(5)  Each county shall incorporate into its annual
279	county budget sufficient funds to pay its estimated costs of
280	intake, detention screening, and detention care for juveniles
281	who are arrested or reside in that county for the period of time
282	prior to final court disposition. This amount shall be estimated
283	based upon the prior use of intake, detention screening, and
284	secure detention for juveniles who are arrested in or are
285	residents of that county, as calculated by the department. Each
286	county that is required to make payment to the department shall
287	pay the estimated costs at the beginning of each month. Any
288	difference between the estimated costs and actual costs shall be
289	reconciled at the end of the state fiscal year and the
290	department shall promptly provide a credit against future
291	obligations or a refund if there are no future obligations.
292	(8)(6)  Court payment under subsection (7) shall be
293	deposited Each county shall pay to the department for deposit
294	into the Juvenile Justice Grants and Donations Trust Fund or
295	such other trust fund as may be designated by the Legislature
296	its share of the county's total costs for juvenile detention,
297	based upon calculations published by the department with input
298	from the counties.
299	(9)(7)  The department of Juvenile Justice shall determine
300	each quarter whether the counties of this state are remitting to
301	the department their share of the costs of detention as required
302	by this section.
303	(10)(8)  The Department of Revenue and the counties shall
304	provide technical assistance as necessary to the department of
305	Juvenile Justice in order to develop the most cost-effective
306	means of collection.
307	(11)(9)  Funds received from counties under pursuant to
308	this section are not subject to the service charges provided in
309	s. 215.20.
310	(12)(10)  The department shall may adopt rules to
311	administer this section.
312	Section 2.  Subsection (1) of section 943.0515, Florida
313	Statutes, is amended to read:
314	943.0515  Retention of criminal history records of
315	minors.--
316	(1)(a)  The Criminal Justice Information Program shall
317	retain the criminal history record of a minor who is classified
318	as a serious or habitual juvenile offender or committed to a
319	juvenile correctional facility or juvenile prison under chapter
320	985 for 5 years after the date the offender reaches 21 years of
321	age, at which time the record shall be expunged unless it meets
322	the criteria of paragraph (2)(a) or paragraph (2)(b).
323	(b)  If the minor is not classified as a serious or
324	habitual juvenile offender or committed to a juvenile
325	correctional facility or juvenile prison under chapter 985, the
326	program shall retain the minor's criminal history record for 5
327	years after the date the minor reaches 19 years of age, at which
328	time the record shall be expunged unless it meets the criteria
329	of paragraph (2)(a) or paragraph (2)(b).
330	Section 3.  Section 985.03, Florida Statutes, is amended to
331	read:
332	985.03  Definitions. --As When used in this chapter, the
333	term:
334	(1)  "Addictions receiving facility" means a substance
335	abuse service provider as defined in chapter 397.
336	(2)  "Adjudicatory hearing" means a hearing for the court
337	to determine whether or not the facts support the allegations
338	stated in the petition, as is provided for under s. 985.228 in
339	delinquency cases.
340	(3)  "Adult" means any natural person other than a child.
341	(4)  "Arbitration" means a process whereby a neutral third
342	person or panel, called an arbitrator or an arbitration panel,
343	considers the facts and arguments presented by the parties and
344	renders a decision which may be binding or nonbinding.
345	(5)  "Authorized agent" or "designee" of the department
346	means a person or agency assigned or designated by the
347	Department of Juvenile Justice or the Department of Children and
348	Family Services, as appropriate, to perform duties or exercise
349	powers pursuant to this chapter and includes contract providers
350	and their employees for purposes of providing services to and
351	managing cases of children in need of services and families in
352	need of services.
353	(6)  "Child" or "juvenile" or "youth" means any unmarried
354	person under the age of 18 who has not been emancipated by order
355	of the court and who has been found or alleged to be dependent,
356	in need of services, or from a family in need of services; or
357	any married or unmarried person who is charged with a violation
358	of law occurring prior to the time that person reached the age
359	of 18 years.
360	(7)  "Child eligible for an intensive residential treatment
361	program for offenders less than 13 years of age" means a child
362	who has been found to have committed a delinquent act or a
363	violation of law in the case currently before the court and who
364	meets at least one of the following criteria:
365	(a)  The child is less than 13 years of age at the time of
366	the disposition for the current offense and has been adjudicated
367	on the current offense for:
368	1.  Arson;
369	2.  Sexual battery;
370	3.  Robbery;
371	4.  Kidnapping;
372	5.  Aggravated child abuse;
373	6.  Aggravated assault;
374	7.  Aggravated stalking;
375	8.  Murder;
376	9.  Manslaughter;
377	10.  Unlawful throwing, placing, or discharging of a
378	destructive device or bomb;
379	11.  Armed burglary;
380	12.  Aggravated battery;
381	13.  Any lewd or lascivious offense committed upon or in
382	the presence of a person less than 16 years of age; or
383	14.  Carrying, displaying, using, threatening, or
384	attempting to use a weapon or firearm during the commission of a
385	felony.
386	(b)  The child is less than 13 years of age at the time of
387	the disposition, the current offense is a felony, and the child
388	has previously been committed at least once to a delinquency
389	commitment program.
390	(c)  The child is less than 13 years of age and is
391	currently committed for a felony offense and transferred from a
392	moderate-risk or high-risk residential commitment placement.
393	(8)  "Child in need of services" means a child for whom
394	there is no pending investigation into an allegation or
395	suspicion of abuse, neglect, or abandonment; no pending referral
396	alleging the child is delinquent; or no current supervision by
397	the Department of Juvenile Justice or the Department of Children
398	and Family Services for an adjudication of dependency or
399	delinquency. The child must also, pursuant to this chapter, be
400	found by the court:
401	(a)  To have persistently run away from the child's parents
402	or legal custodians despite reasonable efforts of the child, the
403	parents or legal custodians, and appropriate agencies to remedy
404	the conditions contributing to the behavior. Reasonable efforts
405	shall include voluntary participation by the child's parents or
406	legal custodians and the child in family mediation, services,
407	and treatment offered by the Department of Juvenile Justice or
408	the Department of Children and Family Services;
409	(b)  To be habitually truant from school, while subject to
410	compulsory school attendance, despite reasonable efforts to
411	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
412	through voluntary participation by the child's parents or legal
413	custodians and by the child in family mediation, services, and
414	treatment offered by the Department of Juvenile Justice or the
415	Department of Children and Family Services; or
416	(c)  To have persistently disobeyed the reasonable and
417	lawful demands of the child's parents or legal custodians, and
418	to be beyond their control despite efforts by the child's
419	parents or legal custodians and appropriate agencies to remedy
420	the conditions contributing to the behavior. Reasonable efforts
421	may include such things as good faith participation in family or
422	individual counseling.
423	(9)  "Child who has been found to have committed a
424	delinquent act" means a child who, pursuant to the provisions of
425	this chapter, is found by a court to have committed a violation
426	of law or to be in direct or indirect contempt of court, except
427	that this definition shall not include an act constituting
428	contempt of court arising out of a dependency proceeding or a
429	proceeding pursuant to part III of this chapter.
430	(10)  "Child support" means a court-ordered obligation,
431	enforced under chapter 61 and ss. 409.2551-409.2597, for
432	monetary support for the care, maintenance, training, and
433	education of a child.
434	(11)  "Circuit" means any of the 20 judicial circuits as
435	set forth in s. 26.021.
436	(12)  "Comprehensive assessment" or "assessment" means the
437	gathering of information for the evaluation of a juvenile
438	offender's or a child's physical, psychological, educational,
439	vocational, and social condition and family environment as they
440	relate to the child's need for rehabilitative and treatment
441	services, including substance abuse treatment services, mental
442	health services, developmental services, literacy services,
443	medical services, family services, and other specialized
444	services, as appropriate.
445	(13)  "Conditional release" means the care, treatment,
446	help, and supervision provided to a juvenile released from a
447	residential commitment program which is intended to promote
448	rehabilitation and prevent recidivism. The purpose of
449	conditional release is to protect the public, reduce recidivism,
450	increase responsible productive behavior, and provide for a
451	successful transition of the youth from the department to the
452	family. Conditional release includes, but is not limited to,
453	nonresidential community-based programs.
454	(14)  "Court," unless otherwise expressly stated, means the
455	circuit court assigned to exercise jurisdiction under this
456	chapter.
457	(15)  "Day treatment" means a nonresidential, community-
458	based program designed to provide therapeutic intervention to
459	youth who are placed on probation or conditional release or are
460	committed to the minimum-risk nonresidential level. A day
461	treatment program may provide educational and vocational
462	services and shall provide case management services; individual,
463	group, and family counseling; training designed to address
464	delinquency risk factors; and monitoring of a youth's compliance
465	with, and facilitation of a youth's completion of, sanctions if
466	ordered by the court. Program types may include, but are not
467	limited to, career programs, marine programs, juvenile justice
468	alternative schools, training and rehabilitation programs, and
469	gender-specific programs.
470	(16)(15)(a)  "Delinquency program" means any intake,
471	probation, or similar program; regional detention center or
472	facility; or community-based program, whether owned and operated
473	by or contracted by the Department of Juvenile Justice, or
474	institution owned and operated by or contracted by the
475	Department of Juvenile Justice, which provides intake,
476	supervision, or custody and care of children who are alleged to
477	be or who have been found to be delinquent under pursuant to
478	part II.
479	(b)  "Delinquency program staff" means supervisory and
480	direct care staff of a delinquency program as well as support
481	staff who have direct contact with children in a delinquency
482	program.
483	(c)  "Delinquency prevention programs" means programs
484	designed for the purpose of reducing the occurrence of
485	delinquency, including youth and street gang activity, and
486	juvenile arrests. The term excludes arbitration, diversionary or
487	mediation programs, and community service work or other
488	treatment available subsequent to a child committing a
489	delinquent act.
490	(17)(16)  "Department" means the Department of Juvenile
491	Justice.
492	(18)(17)  "Designated facility" or "designated treatment
493	facility" means any facility designated by the Department of
494	Juvenile Justice to provide treatment to juvenile offenders.
495	(19)(18)  "Detention care" means the temporary care of a
496	child in secure, nonsecure, or home detention, that is provided
497	by a county before final pending a court adjudication or
498	disposition or by the department after final disposition
499	execution of a court order. For purposes of this subsection, the
500	term "final disposition" shall have the same meaning as "final
501	court disposition" in s. 985.2155. There are three types of
502	detention care, as follows:
503	(a)  "Secure detention" means temporary custody of the
504	child while the child is under the physical restriction of a
505	detention center or facility before or after final pending
506	adjudication, disposition, or placement.
507	(b)  "Nonsecure detention" means temporary custody of the
508	child while the child is in a residential home in the community
509	in a physically nonrestrictive environment under county the
510	supervision before final of the Department of Juvenile Justice
511	pending adjudication, disposition, or under department
512	supervision after final disposition placement.
513	(c)  "Home detention" means temporary custody of the child
514	while the child is released to the custody of the parent,
515	guardian, or custodian in a physically nonrestrictive
516	environment under county staff the supervision before final
517	disposition or under of the department of Juvenile Justice staff
518	supervision after final pending adjudication, disposition, or
519	placement.
520	(20)(19)  "Detention center or facility" means a facility
521	used pending court adjudication or disposition or execution of
522	court order for the temporary care of a child alleged or found
523	to have committed a violation of law. A detention center or
524	facility may provide secure or nonsecure custody. A facility
525	used for the commitment of adjudicated delinquents shall not be
526	considered a detention center or facility.
527	(21)(20)  "Detention hearing" means a hearing for the court
528	to determine if a child should be placed in temporary custody,
529	as provided for under ss. 985.213 and 985.215 in delinquency
530	cases.
531	(22)(21)  "Disposition hearing" means a hearing in which
532	the court determines the most appropriate dispositional services
533	in the least restrictive available setting provided for under s.
534	985.231, in delinquency cases.
535	(23)(22)  "Family" means a collective of persons,
536	consisting of a child and a parent, guardian, adult custodian,
537	or adult relative, in which:
538	(a)  The persons reside in the same house or living unit;
539	or
540	(b)  The parent, guardian, adult custodian, or adult
541	relative has a legal responsibility by blood, marriage, or court
542	order to support or care for the child.
543	(24)(23)  "Family in need of services" means a family that
544	has a child for whom there is no pending investigation into an
545	allegation of abuse, neglect, or abandonment or no current
546	supervision by the Department of Juvenile Justice or the
547	Department of Children and Family Services for an adjudication
548	of dependency or delinquency. The child must also have been
549	referred to a law enforcement agency or the Department of
550	Juvenile Justice for:
551	(a)  Running away from parents or legal custodians;
552	(b)  Persistently disobeying reasonable and lawful demands
553	of parents or legal custodians, and being beyond their control;
554	or
555	(c)  Habitual truancy from school.
556	(25)(24)  "Foster care" means care provided a child in a
557	foster family or boarding home, group home, agency boarding
558	home, child care institution, or any combination thereof.
559	(26)(25)  "Habitually truant" means that:
560	(a)  The child has 15 unexcused absences within 90 calendar
561	days with or without the knowledge or justifiable consent of the
562	child's parent or legal guardian, is subject to compulsory
563	school attendance under s. 1003.21(1) and (2)(a), and is not
564	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
565	specified by law or the rules of the State Board of Education.
566	(b)  Escalating activities to determine the cause, and to
567	attempt the remediation, of the child's truant behavior under
568	ss. 1003.26 and 1003.27 have been completed.
569
570	If a child who is subject to compulsory school attendance is
571	responsive to the interventions described in ss. 1003.26 and
572	1003.27 and has completed the necessary requirements to pass the
573	current grade as indicated in the district pupil progression
574	plan, the child shall not be determined to be habitually truant
575	and shall be passed. If a child within the compulsory school
576	attendance age has 15 unexcused absences within 90 calendar days
577	or fails to enroll in school, the state attorney may file a
578	child-in-need-of-services petition. Before Prior to filing a
579	petition, the child must be referred to the appropriate agency
580	for evaluation. After consulting with the evaluating agency, the
581	state attorney may elect to file a child-in-need-of-services
582	petition.
583	(c)  A school representative, designated according to
584	school board policy, and a juvenile probation officer of the
585	department of Juvenile Justice have jointly investigated the
586	truancy problem or, if that was not feasible, have performed
587	separate investigations to identify conditions that could be
588	contributing to the truant behavior; and if, after a joint
589	staffing of the case to determine the necessity for services,
590	such services were determined to be needed, the persons who
591	performed the investigations met jointly with the family and
592	child to discuss any referral to appropriate community agencies
593	for economic services, family or individual counseling, or other
594	services required to remedy the conditions that are contributing
595	to the truant behavior.
596	(d)  The failure or refusal of the parent or legal guardian
597	or the child to participate, or make a good faith effort to
598	participate, in the activities prescribed to remedy the truant
599	behavior, or the failure or refusal of the child to return to
600	school after participation in activities required by this
601	subsection, or the failure of the child to stop the truant
602	behavior after the school administration and the department of
603	Juvenile Justice have worked with the child as described in s.
604	1003.27(3) shall be handled as prescribed in s. 1003.27.
605	(27)(26)  "Halfway house" means a community-based
606	residential program for 10 or more committed delinquents at the
607	moderate-risk commitment level which is operated or contracted
608	by the department of Juvenile Justice.
609	(28)(27)  "Intake" means the initial acceptance and
610	screening by a county the department of Juvenile Justice of a
611	complaint or a law enforcement report or probable cause
612	affidavit of delinquency, family in need of services, or child
613	in need of services to determine the recommendation to be taken
614	in the best interests of the child, the family, and the
615	community. The emphasis of intake is on diversion and the least
616	restrictive available services. Consequently, intake includes
617	such alternatives as:
618	(a)  The disposition of the complaint, report, or probable
619	cause affidavit without court or public agency action or
620	judicial handling when appropriate.
621	(b)  The referral of the child to another public or private
622	agency when appropriate.
623	(c)  The recommendation by the juvenile probation officer
624	of judicial handling when appropriate and warranted.
625	(29)(28)  "Judge" means the circuit judge exercising
626	jurisdiction pursuant to this chapter.
627	(30)(29)  "Juvenile justice continuum" includes, but is not
628	limited to, delinquency prevention programs and services
629	designed for the purpose of preventing or reducing delinquent
630	acts, including criminal activity by youth gangs, and juvenile
631	arrests, as well as programs and services targeted at children
632	who have committed delinquent acts, and children who have
633	previously been committed to residential treatment programs for
634	delinquents. The term includes children-in-need-of-services and
635	families-in-need-of-services programs; conditional release;
636	substance abuse and mental health programs; educational and
637	career programs; recreational programs; community services
638	programs; community service work programs; and alternative
639	dispute resolution programs serving children at risk of
640	delinquency and their families, whether offered or delivered by
641	state or local governmental entities, public or private for-
642	profit or not-for-profit organizations, or religious or
643	charitable organizations.
644	(31)(30)  "Juvenile probation officer" means the authorized
645	agent of the department or a county, as appropriate, of Juvenile
646	Justice who performs the intake, case management, or supervision
647	functions.
648	(32)(31)  "Juvenile sexual offender" means:
649	(a)  A juvenile who has been found by the court under
650	pursuant to s. 985.228 to have committed a violation of chapter
651	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
652	(b)  A juvenile found to have committed any felony
653	violation of law or delinquent act involving juvenile sexual
654	abuse. "Juvenile sexual abuse" means any sexual behavior which
655	occurs without consent, without equality, or as a result of
656	coercion. For purposes of this subsection, the following
657	definitions apply:
658	1.  "Coercion" means the exploitation of authority, use of
659	bribes, threats of force, or intimidation to gain cooperation or
660	compliance.
661	2.  "Equality" means two participants operating with the
662	same level of power in a relationship, neither being controlled
663	nor coerced by the other.
664	3.  "Consent" means an agreement including all of the
665	following:
666	a.  Understanding what is proposed based on age, maturity,
667	developmental level, functioning, and experience.
668	b.  Knowledge of societal standards for what is being
669	proposed.
670	c.  Awareness of potential consequences and alternatives.
671	d.  Assumption that agreement or disagreement will be
672	accepted equally.
673	e.  Voluntary decision.
674	f.  Mental competence.
675
676	Juvenile sexual offender behavior ranges from noncontact sexual
677	behavior such as making obscene phone calls, exhibitionism,
678	voyeurism, and the showing or taking of lewd photographs to
679	varying degrees of direct sexual contact, such as frottage,
680	fondling, digital penetration, rape, fellatio, sodomy, and
681	various other sexually aggressive acts.
682	(33)(32)  "Legal custody or guardian" means a legal status
683	created by court order or letter of guardianship which vests in
684	a custodian of the person or guardian, whether an agency or an
685	individual, the right to have physical custody of the child and
686	the right and duty to protect, train, and discipline the child
687	and to provide him or her with food, shelter, education, and
688	ordinary medical, dental, psychiatric, and psychological care.
689	(34)(33)  "Licensed child-caring agency" means a person,
690	society, association, or agency licensed by the Department of
691	Children and Family Services to care for, receive, and board
692	children.
693	(35)(34)  "Licensed health care professional" means a
694	physician licensed under chapter 458, an osteopathic physician
695	licensed under chapter 459, a nurse licensed under part I of
696	chapter 464, a physician assistant licensed under chapter 458 or
697	chapter 459, or a dentist licensed under chapter 466.
698	(36)(35)  "Likely to injure oneself" means that, as
699	evidenced by violent or other actively self-destructive
700	behavior, it is more likely than not that within a 24-hour
701	period the child will attempt to commit suicide or inflict
702	serious bodily harm on himself or herself.
703	(37)(36)  "Likely to injure others" means that it is more
704	likely than not that within a 24-hour period the child will
705	inflict serious and unjustified bodily harm on another person.
706	(38)(37)  "Mediation" means a process whereby a neutral
707	third person called a mediator acts to encourage and facilitate
708	the resolution of a dispute between two or more parties. It is
709	an informal and nonadversarial process with the objective of
710	helping the disputing parties reach a mutually acceptable and
711	voluntary agreement. In mediation, decisionmaking authority
712	rests with the parties. The role of the mediator includes, but
713	is not limited to, assisting the parties in identifying issues,
714	fostering joint problem solving, and exploring settlement
715	alternatives.
716	(39)(38)  "Necessary medical treatment" means care which is
717	necessary within a reasonable degree of medical certainty to
718	prevent the deterioration of a child's condition or to alleviate
719	immediate pain of a child.
720	(40)(39)  "Next of kin" means an adult relative of a child
721	who is the child's brother, sister, grandparent, aunt, uncle, or
722	first cousin.
723	(41)(40)  "Parent" means a woman who gives birth to a child
724	and a man whose consent to the adoption of the child would be
725	required under s. 63.062(1). If a child has been legally
726	adopted, the term "parent" means the adoptive mother or father
727	of the child. The term does not include an individual whose
728	parental relationship to the child has been legally terminated,
729	or an alleged or prospective parent, unless the parental status
730	falls within the terms of either s. 39.503(1) or s. 63.062(1).
731	(42)(41)  "Preliminary screening" means the gathering of
732	preliminary information to be used in determining a child's need
733	for further evaluation or assessment or for referral for other
734	substance abuse services through means such as psychosocial
735	interviews; urine and breathalyzer screenings; and reviews of
736	available educational, delinquency, and dependency records of
737	the child.
738	(43)(42)  "Preventive services" means social services and
739	other supportive and rehabilitative services provided to the
740	parent of the child, the legal guardian of the child, or the
741	custodian of the child and to the child for the purpose of
742	averting the removal of the child from the home or disruption of
743	a family that which will or could result in the placement of a
744	child in foster care. Social services and other supportive and
745	rehabilitative services shall promote the child's need for a
746	safe, continuous, stable living environment and shall promote
747	family autonomy and shall strengthen family life as the first
748	priority whenever possible.
749	(44)(43)  "Probation" means the legal status of probation
750	created by law and court order in cases involving a child who
751	has been found to have committed a delinquent act. Probation is
752	an individualized program in which the freedom of the child is
753	limited and the child is restricted to noninstitutional quarters
754	or restricted to the child's home in lieu of commitment to the
755	custody of the department of Juvenile Justice. Youth on
756	probation may be assessed and classified for placement in day-
757	treatment probation programs designed for youth who represent a
758	minimum risk to themselves and public safety and do not require
759	placement and services in a residential setting. Program types
760	in this more intensive and structured day-treatment probation
761	option include career programs, marine programs, juvenile
762	justice alternative schools, training and rehabilitation
763	programs, and gender-specific programs.
764	(45)(44)  "Relative" means a grandparent, great-
765	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
766	great-uncle, niece, or nephew, whether related by the whole or
767	half blood, by affinity, or by adoption. The term does not
768	include a stepparent.
769	(46)(45)  "Restrictiveness Residential Commitment level"
770	means the level of programming and security provided by programs
771	that service the supervision, custody, care, and treatment needs
772	of committed children. Sections 985.3141 and 985.404(11) apply
773	to children placed in programs at any residential commitment
774	level. The restrictiveness levels of residential commitment are
775	as follows:
776	(a)  Minimum-risk nonresidential.--Programs or program
777	models at this commitment level work with youth who remain in
778	the community and participate at least 5 days per week in a day
779	treatment program. Youth assessed and classified for programs at
780	this commitment level represent a minimum risk to themselves and
781	public safety and do not require placement and services in
782	residential settings. Youth in this level have full access to,
783	and reside in, the community. A youth who has been found to have
784	committed delinquent acts that involve firearms, delinquent acts
785	that are sexual offenses, or delinquent acts that would be life
786	felonies or first degree felonies if committed by an adult shall
787	not be committed to a program at this level.
788	(b)(a)  Low-risk residential.--Programs or program models
789	at this commitment level are residential but may allow youth to
790	have unsupervised access to the community. Youth assessed and
791	classified for placement in programs at this commitment level
792	represent a low risk to themselves and public safety but do
793	require placement and services in residential settings. Children
794	who have been found to have committed delinquent acts that
795	involve firearms, delinquent acts that are sexual offenses, or
796	delinquent acts that would be life felonies or first degree
797	felonies if committed by an adult shall not be committed to a
798	program at this level.
799	(c)(b)  Moderate-risk residential.--Programs or program
800	models at this commitment level are residential but may allow
801	youth to have supervised access to the community. Facilities are
802	either environmentally secure, staff secure, or are hardware-
803	secure with walls, fencing, or locking doors. Facilities shall
804	provide 24-hour awake supervision, custody, care, and treatment
805	of residents. Youth assessed and classified for placement in
806	programs at this commitment level represent a moderate risk to
807	public safety and require close supervision. The staff at a
808	facility at this commitment level may seclude a child who is a
809	physical threat to himself or herself or others. Mechanical
810	restraint may also be used when necessary.
811	(d)(c)  High-risk residential.--Programs or program models
812	at this commitment level are residential and shall not allow
813	youth to have access to the community. Facilities are hardware-
814	secure with perimeter fencing and locking doors or are
815	environmentally secure. Facilities shall provide 24-hour awake
816	supervision, custody, care, and treatment of residents. Youth
817	assessed and classified for this level of placement require
818	close supervision in a structured residential setting. Placement
819	in programs at this level is prompted by a concern for public
820	safety that outweighs placement in programs at lower commitment
821	levels. The staff at a facility at this commitment level may
822	seclude a child who is a physical threat to himself or herself
823	or others. Mechanical restraint may also be used when necessary.
824	The facility may provide for single cell occupancy.
825	(e)(d)  Maximum-risk residential.--Programs or program
826	models at this commitment level include juvenile correctional
827	facilities and juvenile prisons. The programs are long-term
828	residential and shall not allow youth to have access to the
829	community. Facilities are maximum-custody hardware-secure with
830	perimeter security fencing and locking doors. Facilities shall
831	provide 24-hour awake supervision, custody, care, and treatment
832	of residents. The staff at a facility at this commitment level
833	may seclude a child who is a physical threat to himself or
834	herself or others. Mechanical restraint may also be used when
835	necessary. The facility shall provide for single cell occupancy,
836	except that youth may be housed together during prerelease
837	transition. Youth assessed and classified for this level of
838	placement require close supervision in a maximum security
839	residential setting. Placement in a program at this level is
840	prompted by a demonstrated need to protect the public.
841	(47)(46)  "Respite" means a placement that is available for
842	the care, custody, and placement of a youth charged with
843	domestic violence as an alternative to secure detention or for
844	placement of a youth when a shelter bed for a child in need of
845	services or a family in need of services is unavailable.
846	(48)(47)  "Secure detention center or facility" means a
847	physically restricting facility for the temporary care of
848	children, pending adjudication, disposition, or placement.
849	(49)(48)  "Serious or habitual juvenile offender," for
850	purposes of commitment to a residential facility and for
851	purposes of records retention, means a child who has been found
852	to have committed a delinquent act or a violation of law, in the
853	case currently before the court, and who meets at least one of
854	the following criteria:
855	(a)  The youth is at least 13 years of age at the time of
856	the disposition for the current offense and has been adjudicated
857	on the current offense for:
858	1.  Arson;
859	2.  Sexual battery;
860	3.  Robbery;
861	4.  Kidnapping;
862	5.  Aggravated child abuse;
863	6.  Aggravated assault;
864	7.  Aggravated stalking;
865	8.  Murder;
866	9.  Manslaughter;
867	10.  Unlawful throwing, placing, or discharging of a
868	destructive device or bomb;
869	11.  Armed burglary;
870	12.  Aggravated battery;
871	13.  Any lewd or lascivious offense committed upon or in
872	the presence of a person less than 16 years of age; or
873	14.  Carrying, displaying, using, threatening, or
874	attempting to use a weapon or firearm during the commission of a
875	felony.
876	(b)  The youth is at least 13 years of age at the time of
877	the disposition, the current offense is a felony, and the child
878	has previously been committed at least two times to a
879	delinquency commitment program.
880	(c)  The youth is at least 13 years of age and is currently
881	committed for a felony offense and transferred from a moderate-
882	risk or high-risk residential commitment placement.
883	(50)(49)  "Serious or habitual juvenile offender program"
884	means the program established in s. 985.31.
885	(51)(50)  "Shelter" means a place for the temporary care of
886	a child who is alleged to be or who has been found to be
887	delinquent.
888	(52)(51)  "Shelter hearing" means a hearing provided for
889	under s. 984.14 in family-in-need-of-services cases or child-in-
890	need-of-services cases.
891	(53)(52)  "Staff-secure shelter" means a facility in which
892	a child is supervised 24 hours a day by staff members who are
893	awake while on duty. The facility is for the temporary care and
894	assessment of a child who has been found to be dependent, who
895	has violated a court order and been found in contempt of court,
896	or whom the Department of Children and Family Services is unable
897	to properly assess or place for assistance within the continuum
898	of services provided for dependent children.
899	(54)(53)  "Substance abuse" means using, without medical
900	reason, any psychoactive or mood-altering drug, including
901	alcohol, in such a manner as to induce impairment resulting in
902	dysfunctional social behavior.
903	(55)(54)  "Taken into custody" means the status of a child
904	immediately when temporary physical control over the child is
905	attained by a person authorized by law, pending the child's
906	release, detention, placement, or other disposition as
907	authorized by law.
908	(56)(55)  "Temporary legal custody" means the relationship
909	that a juvenile court creates between a child and an adult
910	relative of the child, adult nonrelative approved by the court,
911	or other person until a more permanent arrangement is ordered.
912	Temporary legal custody confers upon the custodian the right to
913	have temporary physical custody of the child and the right and
914	duty to protect, train, and discipline the child and to provide
915	the child with food, shelter, and education, and ordinary
916	medical, dental, psychiatric, and psychological care, unless
917	these rights and duties are otherwise enlarged or limited by the
918	court order establishing the temporary legal custody
919	relationship.
920	(57)(56)  "Temporary release" means the terms and
921	conditions under which a child is temporarily released from a
922	residential commitment facility or allowed home visits. If the
923	temporary release is from a moderate-risk residential facility,
924	a high-risk residential facility, or a maximum-risk residential
925	facility, the terms and conditions of the temporary release must
926	be approved by the child, the court, and the facility. The term
927	includes periods during which the child is supervised pursuant
928	to a conditional release program or a period during which the
929	child is supervised by a juvenile probation officer or other
930	nonresidential staff of the department or staff employed by an
931	entity under contract with the department.
932	(58)(57)  "Training school" means one of the following
933	facilities: the Arthur G. Dozier School or the Eckerd Youth
934	Development Center.
935	(59)(58)  "Violation of law" or "delinquent act" means a
936	violation of any law of this state, the United States, or any
937	other state which is a misdemeanor or a felony or a violation of
938	a county or municipal ordinance which would be punishable by
939	incarceration if the violation were committed by an adult.
940	(60)(59)  "Waiver hearing" means a hearing provided for
941	under s. 985.226(3).
942	Section 4.  Paragraph (b) of subsection (4) of section
943	985.201, Florida Statutes, is amended to read:
944	985.201  Jurisdiction.--
945	(4)
946	(b)1.  The court may retain jurisdiction over a child
947	committed to the department for placement in a juvenile
948	correctional facility prison or in a high-risk or maximum-risk
949	residential commitment program to allow the child to participate
950	in a juvenile conditional release program pursuant to s.
951	985.316. In no case shall the jurisdiction of the court be
952	retained beyond the child's 22nd birthday. However, if the child
953	is not successful in the conditional release program, the
954	department may use the transfer procedure under s. 985.404.
955	2.  The court may retain jurisdiction over a child
956	committed to the department for placement in an intensive
957	residential treatment program for 10-year-old to 13-year-old
958	offenders, in the residential commitment program in a juvenile
959	correctional facility prison, in a residential sex offender
960	program, or in a program for serious or habitual juvenile
961	offenders as provided in s. 985.311 or s. 985.31 until the child
962	reaches the age of 21. If the court exercises this jurisdiction
963	retention, it shall do so solely for the purpose of the child
964	completing the intensive residential treatment program for 10-
965	year-old to 13-year-old offenders, in the residential commitment
966	program in a juvenile correctional facility prison, in a
967	residential sex offender program, or the program for serious or
968	habitual juvenile offenders. Such jurisdiction retention does
969	not apply for other programs, other purposes, or new offenses.
970	Section 5.  Paragraph (d) of subsection (1) of section
971	985.207, Florida Statutes, is amended and paragraph (e) is added
972	to said subsection to read:
973	985.207  Taking a child into custody.--
974	(1)  A child may be taken into custody under the following
975	circumstances:
976	(d)  By a law enforcement officer who has probable cause to
977	believe that the child is in violation of the conditions of the
978	child's probation, home detention, postcommitment probation, or
979	conditional release supervision, has absconded from
980	nonresidential commitment, or has escaped from residential
981	commitment.
982	(e)  When a court finds that the child, who has been found
983	to have committed a delinquent act or a violation of law and who
984	is awaiting disposition for that delinquent act or violation of
985	law:
986	1.  Has engaged in behavior evidencing a risk that the
987	child will fail to appear at a subsequent court hearing of any
988	nature;
989	2.  Has engaged in behavior evidencing a risk that the
990	child will inflict harm upon himself, herself, or others or the
991	property of others; or
992	3.  Has violated conditions imposed by the court in his or
993	her order of adjudication of delinquency.
994
995	Nothing in this subsection shall be construed to allow the
996	detention of a child who does not meet the detention criteria in
997	s. 985.215.
998	Section 6.  Section 985.208, Florida Statutes, is amended
999	to read:
1000	985.208  Detention of escapee or absconder on authority of
1001	the department.--
1002	(1)  If an authorized agent of the department has
1003	reasonable grounds to believe that any delinquent child
1004	committed to the department has escaped from a residential
1005	commitment facility of the department or from being lawfully
1006	transported thereto or therefrom or has absconded from a
1007	nonresidential commitment facility, the agent may take the child
1008	into active custody and may deliver the child to the facility
1009	or, if it is closer, to a detention center for return to the
1010	facility. However, a child may not be held in detention longer
1011	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
1012	unless a special order so directing is made by the judge after a
1013	detention hearing resulting in a finding that detention is
1014	required based on the criteria in s. 985.215(2). The order shall
1015	state the reasons for such finding. The reasons shall be
1016	reviewable by appeal or in habeas corpus proceedings in the
1017	district court of appeal.
1018	(2)  Any sheriff or other law enforcement officer, upon the
1019	request of the secretary of the department or duly authorized
1020	agent, shall take a child who has escaped or absconded from a
1021	residential commitment department facility for committed
1022	delinquent children, or from being lawfully transported thereto
1023	or therefrom, or has absconded from a nonresidential commitment
1024	facility into custody and deliver the child to the appropriate
1025	juvenile probation officer of the department.
1026	Section 7.  Paragraph (f) is added to subsection (1) of
1027	section 985.213, Florida Statutes, to read:
1028	985.213  Use of detention.--
1029	(1)  All determinations and court orders regarding the use
1030	of secure, nonsecure, or home detention shall be based primarily
1031	upon findings that the child:
1032	(f)  Meets the criteria for taking a child into custody
1033	under s. 985.207(1)(e).
1034	Section 8.  Subsection (2), paragraphs (d) and (g) of
1035	subsection (5), and paragraphs (a), (b), and (f) of subsection
1036	(10) of section 985.215, Florida Statutes, are amended to read:
1037	985.215  Detention.--
1038	(2)  Subject to the provisions of subsection (1), a child
1039	taken into custody and placed into nonsecure or home detention
1040	care or detained in secure detention care prior to a detention
1041	hearing may continue to be detained by the court if:
1042	(a)1.  The child is alleged to be an escapee from a
1043	residential commitment program; or an absconder from a
1044	nonresidential commitment program, a probation program, or
1045	conditional release supervision;, or is alleged to have escaped
1046	while being lawfully transported to or from a residential
1047	commitment such program or supervision.
1048	2.a.  If the court finds during the detention hearing under
1049	this subsection that a child has absconded from a nonresidential
1050	commitment program, the court shall determine whether to place
1051	the child in detention care based on the results of the risk
1052	assessment by the juvenile probation officer. The risk
1053	assessment instrument provided for in s. 985.213 shall take the
1054	child's act of absconding from the nonresidential commitment
1055	program into consideration for purposes of detention care
1056	placement determinations and orders.
1057	b.  If the court places a child into detention care under
1058	this subparagraph, the child shall remain in detention care for
1059	21 days or until the department, under s. 985.404(4), determines
1060	that transfer of the child is inappropriate or the court grants
1061	or denies the transfer, whichever period of time is shorter.
1062	(b)  The child is wanted in another jurisdiction for an
1063	offense which, if committed by an adult, would be a felony.
1064	(c)  The child is charged with a delinquent act or
1065	violation of law and requests in writing through legal counsel
1066	to be detained for protection from an imminent physical threat
1067	to his or her personal safety.
1068	(d)  The child is charged with committing an offense of
1069	domestic violence as defined in s. 741.28 and is detained as
1070	provided in s. 985.213(2)(b)3.
1071	(e)  The child is charged with possession or discharging a
1072	firearm on school property in violation of s. 790.115.
1073	(f)  The child is charged with a capital felony, a life
1074	felony, a felony of the first degree, a felony of the second
1075	degree that does not involve a violation of chapter 893, or a
1076	felony of the third degree that is also a crime of violence,
1077	including any such offense involving the use or possession of a
1078	firearm.
1079	(g)  The child is charged with any second degree or third
1080	degree felony involving a violation of chapter 893 or any third
1081	degree felony that is not also a crime of violence, and the
1082	child:
1083	1.  Has a record of failure to appear at court hearings
1084	after being properly notified in accordance with the Rules of
1085	Juvenile Procedure;
1086	2.  Has a record of law violations prior to court hearings;
1087	3.  Has already been detained or has been released and is
1088	awaiting final disposition of the case;
1089	4.  Has a record of violent conduct resulting in physical
1090	injury to others; or
1091	5.  Is found to have been in possession of a firearm.
1092	(h)  The child is alleged to have violated the conditions
1093	of the child's probation or conditional release supervision.
1094	However, a child detained under this paragraph may be held only
1095	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
1096	consequence unit is not available, the child shall be placed on
1097	home detention with electronic monitoring.
1098	(i)  The child is detained on a judicial order for failure
1099	to appear and has previously willfully failed to appear, after
1100	proper notice, for an adjudicatory hearing on the same case
1101	regardless of the results of the risk assessment instrument. A
1102	child may be held in secure detention for up to 72 hours in
1103	advance of the next scheduled court hearing pursuant to this
1104	paragraph. The child's failure to keep the clerk of court and
1105	defense counsel informed of a current and valid mailing address
1106	where the child will receive notice to appear at court
1107	proceedings does not provide an adequate ground for excusal of
1108	the child's nonappearance at the hearings.
1109	(j)  The child is detained on a judicial order for failure
1110	to appear and has previously willfully failed to appear, after
1111	proper notice, at two or more court hearings of any nature on
1112	the same case regardless of the results of the risk assessment
1113	instrument. A child may be held in secure detention for up to 72
1114	hours in advance of the next scheduled court hearing pursuant to
1115	this paragraph. The child's failure to keep the clerk of court
1116	and defense counsel informed of a current and valid mailing
1117	address where the child will receive notice to appear at court
1118	proceedings does not provide an adequate ground for excusal of
1119	the child's nonappearance at the hearings.
1120
1121	A child who meets any of these criteria and who is ordered to be
1122	detained pursuant to this subsection shall be given a hearing
1123	within 24 hours after being taken into custody. The purpose of
1124	the detention hearing is to determine the existence of probable
1125	cause that the child has committed the delinquent act or
1126	violation of law with which he or she is charged and the need
1127	for continued detention, except where the child has absconded
1128	from a nonresidential commitment program in which case
1129	subparagraph (a)2. applies. Unless a child is detained under
1130	paragraph (d) or paragraph (e), the court shall use utilize the
1131	results of the risk assessment performed by the juvenile
1132	probation officer and, based on the criteria in this subsection,
1133	shall determine the need for continued detention. A child placed
1134	into secure, nonsecure, or home detention care may continue to
1135	be so detained by the court pursuant to this subsection. If the
1136	court orders a placement more restrictive than indicated by the
1137	results of the risk assessment instrument, the court shall
1138	state, in writing, clear and convincing reasons for such
1139	placement. Except as provided in s. 790.22(8) or in subparagraph
1140	(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
1141	(10)(d), when a child is placed into secure or nonsecure
1142	detention care, or into a respite home or other placement
1143	pursuant to a court order following a hearing, the court order
1144	must include specific instructions that direct the release of
1145	the child from such placement no later than 5 p.m. on the last
1146	day of the detention period specified in paragraph (5)(b) or
1147	paragraph (5)(c), or subparagraph (10)(a)1., whichever is
1148	applicable, unless the requirements of such applicable provision
1149	have been met or an order of continuance has been granted
1150	pursuant to paragraph (5)(f).
1151	(5)
1152	(d)1.  Except as provided in paragraph (g), A child may not
1153	be held in secure, nonsecure, or home detention care for more
1154	than 15 days following the entry of an order of adjudication,
1155	except as provided in paragraph (g) or when the court makes a
1156	written finding that the child has:.
1157	a.  A history of failing to appear for court proceedings;
1158	b.  Engaged in behavior evidencing a risk that the child
1159	will fail to appear at a subsequent court hearing of any nature;
1160	c.  Engaged in behavior evidencing a risk that the child
1161	will inflict harm upon himself, herself, or others or the
1162	property of others; or
1163	d.  Violated conditions imposed by the court in his or her
1164	order of adjudication of delinquency.
1165	2.  If the court makes a written finding under subparagraph
1166	1., the court shall order the placement of the child in secure
1167	detention or, at the discretion of the court and if available,
1168	on home detention with electronic monitoring until the
1169	disposition order is entered in the child's case.
1170	(g)  Upon good cause being shown that the nature of the
1171	charge requires additional time for the prosecution or defense
1172	of the case, the court may extend the time limits for detention
1173	specified in paragraph (c) or paragraph (d) an additional 9 days
1174	if the child is charged with an offense that would be, if
1175	committed by an adult, a capital felony, a life felony, a felony
1176	of the first degree, or a felony of the second degree involving
1177	violence against any individual.
1178	(10)(a)1.  When a child is committed to the Department of
1179	Juvenile Justice awaiting dispositional placement, removal of
1180	the child from detention care shall occur within 5 days,
1181	excluding Saturdays, Sundays, and legal holidays. Any child held
1182	in secure detention during the 5 days must meet detention
1183	admission criteria pursuant to this section. If the child is
1184	committed to a moderate-risk residential program, the department
1185	may seek an order from the court authorizing continued detention
1186	for a specific period of time necessary for the appropriate
1187	residential placement of the child. However, such continued
1188	detention in secure detention care may not exceed 15 days after
1189	commitment, excluding Saturdays, Sundays, and legal holidays,
1190	and except as otherwise provided in this subsection.
1191	2.  The court must place all children who are adjudicated
1192	and awaiting placement in a residential commitment program in
1193	detention care. Children who are in home detention care or
1194	nonsecure detention care may be placed on electronic monitoring.
1195	(b)  A child who is placed in home detention care,
1196	nonsecure detention care, or home or nonsecure detention care
1197	with electronic monitoring, while awaiting placement in a
1198	minimum-risk, low-risk, or moderate-risk program, may be held in
1199	secure detention care for 5 days, if the child violates the
1200	conditions of the home detention care, the nonsecure detention
1201	care, or the electronic monitoring agreement. For any subsequent
1202	violation, the court may impose an additional 5 days in secure
1203	detention care.
1204	(f)  Regardless of detention status, a child being
1205	transported by the department to a residential commitment
1206	facility of the department may be placed in secure detention
1207	overnight, not to exceed a 24-hour period, for the specific
1208	purpose of ensuring the safe delivery of the child to his or her
1209	residential commitment program, court, appointment, transfer, or
1210	release.
1211	Section 9.  Subsection (5) of section 985.228, Florida
1212	Statutes, is amended to read:
1213	985.228  Adjudicatory hearings; withheld adjudications;
1214	orders of adjudication.--
1215	(5)  If the court finds that the child named in a petition
1216	has committed a delinquent act or violation of law, but elects
1217	not to proceed under subsection (4), it shall incorporate that
1218	finding in an order of adjudication of delinquency entered in
1219	the case, briefly stating the facts upon which the finding is
1220	made, and the court shall thereafter have full authority under
1221	this chapter to deal with the child as adjudicated. The order of
1222	adjudication of delinquency shall also include conditions that
1223	must be followed by the child until a disposition order is
1224	entered in his or her case. These conditions must include, but
1225	are not limited to, requirements that the child, during any
1226	period of time that he or she:
1227	(a)  Is not in secure detention, comply with a curfew;
1228	attend school or another educational program, if eligible; and
1229	obey the reasonable and lawful demands of his or her parents or
1230	legal guardians and, if applicable, all persons responsible for
1231	supervising him or her while he or she is in school or another
1232	educational program.
1233	(b)  Is in secure detention, obey the reasonable and lawful
1234	demands of all persons responsible for his or her supervision.
1235	Section 10.  Paragraphs (a) and (d) of subsection (1) and
1236	subsection (2) of section 985.231, Florida Statutes, are amended
1237	to read:
1238	985.231  Powers of disposition in delinquency cases.--
1239	(1)(a)  The court that has jurisdiction of an adjudicated
1240	delinquent child may, by an order stating the facts upon which a
1241	determination of a sanction and rehabilitative program was made
1242	at the disposition hearing:
1243	1.  Place the child in a probation program or a
1244	postcommitment probation program under the supervision of an
1245	authorized agent of the Department of Juvenile Justice or of any
1246	other person or agency specifically authorized and appointed by
1247	the court, whether in the child's own home, in the home of a
1248	relative of the child, or in some other suitable place under
1249	such reasonable conditions as the court may direct. A probation
1250	program for an adjudicated delinquent child must include a
1251	penalty component such as restitution in money or in kind,
1252	community service, a curfew, revocation or suspension of the
1253	driver's license of the child, or other nonresidential
1254	punishment appropriate to the offense and must also include a
1255	rehabilitative program component such as a requirement of
1256	participation in substance abuse treatment or in school or other
1257	educational program. If the child is attending or is eligible to
1258	attend public school and the court finds that the victim or a
1259	sibling of the victim in the case is attending or may attend the
1260	same school as the child, the court placement order shall
1261	include a finding pursuant to the proceedings described in s.
1262	985.23(1)(d). Upon the recommendation of the department at the
1263	time of disposition, or subsequent to disposition pursuant to
1264	the filing of a petition alleging a violation of the child's
1265	conditions of postcommitment probation, the court may order the
1266	child to submit to random testing for the purpose of detecting
1267	and monitoring the use of alcohol or controlled substances.
1268	a.  A restrictiveness level classification scale for levels
1269	of supervision shall be provided by the department, taking into
1270	account the child's needs and risks relative to probation
1271	supervision requirements to reasonably ensure the public safety.
1272	Probation programs for children shall be supervised by the
1273	department or by any other person or agency specifically
1274	authorized by the court. These programs must include, but are
1275	not limited to, structured or restricted activities as described
1276	in this subparagraph, and shall be designed to encourage the
1277	child toward acceptable and functional social behavior. If
1278	supervision or a program of community service is ordered by the
1279	court, the duration of such supervision or program must be
1280	consistent with any treatment and rehabilitation needs
1281	identified for the child and may not exceed the term for which
1282	sentence could be imposed if the child were committed for the
1283	offense, except that the duration of such supervision or program
1284	for an offense that is a misdemeanor of the second degree, or is
1285	equivalent to a misdemeanor of the second degree, may be for a
1286	period not to exceed 6 months. When restitution is ordered by
1287	the court, the amount of restitution may not exceed an amount
1288	the child and the parent or guardian could reasonably be
1289	expected to pay or make. A child who participates in any work
1290	program under this part is considered an employee of the state
1291	for purposes of liability, unless otherwise provided by law.
1292	b.  The court may conduct judicial review hearings for a
1293	child placed on probation for the purpose of fostering
1294	accountability to the judge and compliance with other
1295	requirements, such as restitution and community service. The
1296	court may allow early termination of probation for a child who
1297	has substantially complied with the terms and conditions of
1298	probation.
1299	c.  If the conditions of the probation program or the
1300	postcommitment probation program are violated, the department or
1301	the state attorney may bring the child before the court on a
1302	petition alleging a violation of the program. Any child who
1303	violates the conditions of probation or postcommitment probation
1304	must be brought before the court if sanctions are sought. A
1305	child taken into custody under s. 985.207 for violating the
1306	conditions of probation or postcommitment probation shall be
1307	held in a consequence unit if such a unit is available. The
1308	child shall be afforded a hearing within 24 hours after being
1309	taken into custody to determine the existence of probable cause
1310	that the child violated the conditions of probation or
1311	postcommitment probation. A consequence unit is a secure
1312	facility specifically designated by the department for children
1313	who are taken into custody under s. 985.207 for violating
1314	probation or postcommitment probation, or who have been found by
1315	the court to have violated the conditions of probation or
1316	postcommitment probation. If the violation involves a new charge
1317	of delinquency, the child may be detained under s. 985.215 in a
1318	facility other than a consequence unit. If the child is not
1319	eligible for detention for the new charge of delinquency, the
1320	child may be held in the consequence unit pending a hearing and
1321	is subject to the time limitations specified in s. 985.215. If
1322	the child denies violating the conditions of probation or
1323	postcommitment probation, the court shall appoint counsel to
1324	represent the child at the child's request. Upon the child's
1325	admission, or if the court finds after a hearing that the child
1326	has violated the conditions of probation or postcommitment
1327	probation, the court shall enter an order revoking, modifying,
1328	or continuing probation or postcommitment probation. In each
1329	such case, the court shall enter a new disposition order and, in
1330	addition to the sanctions set forth in this paragraph, may
1331	impose any sanction the court could have imposed at the original
1332	disposition hearing. If the child is found to have violated the
1333	conditions of probation or postcommitment probation, the court
1334	may:
1335	(I)  Place the child in a consequence unit in that judicial
1336	circuit, if available, for up to 5 days for a first violation,
1337	and up to 15 days for a second or subsequent violation.
1338	(II)  Place the child on home detention with electronic
1339	monitoring. However, this sanction may be used only if a
1340	residential consequence unit is not available.
1341	(III)  Modify or continue the child's probation program or
1342	postcommitment probation program.
1343	(IV)  Revoke probation or postcommitment probation and
1344	commit the child to the department.
1345	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1346	as provided in s. 985.31, the term of any order placing a child
1347	in a probation program must be until the child's 19th birthday
1348	unless he or she is released by the court, on the motion of an
1349	interested party or on its own motion.
1350	2.  Commit the child to a licensed child-caring agency
1351	willing to receive the child, but the court may not commit the
1352	child to a jail or to a facility used primarily as a detention
1353	center or facility or shelter.
1354	3.  Commit the child to the department of Juvenile Justice
1355	at a restrictiveness residential commitment level defined in s.
1356	985.03. The court may specify a program or facility within the
1357	restrictiveness level to which the child has been ordered. For a
1358	child ordered committed to a specific high-risk residential or
1359	maximum-risk residential program or facility, the department may
1360	notify the dispositional judge of alternative placements of the
1361	same risk level, as space becomes available, that could be
1362	accomplished prior to entry of the child into the court-ordered
1363	program or facility. With respect to any court-specified
1364	placement, the court may not select a program or facility that
1365	is not under contract with the department. If the court finds
1366	that the planned vacancies at the program or facility specified
1367	by the court are insufficient to allow for the placement of the
1368	child within 45 days after the commitment order, the court must
1369	select a program or facility of the same restrictiveness level
1370	from at least three alternative placements provided by the
1371	department. Such commitment must be for the purpose of
1372	exercising active control over the child, including, but not
1373	limited to, custody, care, training, urine monitoring, and
1374	treatment of the child and release of the child from residential
1375	commitment into the community in a postcommitment nonresidential
1376	conditional release program. If the child is eligible to attend
1377	public school following residential commitment and the court
1378	finds that the victim or a sibling of the victim in the case is
1379	or may be attending the same school as the child, the commitment
1380	order shall include a finding pursuant to the proceedings
1381	described in s. 985.23(1)(d). If the child is not successful in
1382	the conditional release program, the department may use the
1383	transfer procedure under s. 985.404. Notwithstanding s. 743.07
1384	and paragraph (d), and except as provided in s. 985.31, the term
1385	of the commitment must be until the child is discharged by the
1386	department or until he or she reaches the age of 21.
1387	4.  Revoke or suspend the driver's license of the child.
1388	5.  Require the child and, if the court finds it
1389	appropriate, the child's parent or guardian together with the
1390	child, to render community service in a public service program.
1391	6.  As part of the probation program to be implemented by
1392	the Department of Juvenile Justice, or, in the case of a
1393	committed child, as part of the community-based sanctions
1394	ordered by the court at the disposition hearing or before the
1395	child's release from commitment, order the child to make
1396	restitution in money, through a promissory note cosigned by the
1397	child's parent or guardian, or in kind for any damage or loss
1398	caused by the child's offense in a reasonable amount or manner
1399	to be determined by the court. The clerk of the circuit court
1400	shall be the receiving and dispensing agent. In such case, the
1401	court shall order the child or the child's parent or guardian to
1402	pay to the office of the clerk of the circuit court an amount
1403	not to exceed the actual cost incurred by the clerk as a result
1404	of receiving and dispensing restitution payments. The clerk
1405	shall notify the court if restitution is not made, and the court
1406	shall take any further action that is necessary against the
1407	child or the child's parent or guardian. A finding by the court,
1408	after a hearing, that the parent or guardian has made diligent
1409	and good faith efforts to prevent the child from engaging in
1410	delinquent acts absolves the parent or guardian of liability for
1411	restitution under this subparagraph.
1412	7.  Order the child and, if the court finds it appropriate,
1413	the child's parent or guardian together with the child, to
1414	participate in a community work project, either as an
1415	alternative to monetary restitution or as part of the
1416	rehabilitative or probation program.
1417	8.  Commit the child to the Department of Juvenile Justice
1418	for placement in a program or facility for serious or habitual
1419	juvenile offenders in accordance with s. 985.31. Any commitment
1420	of a child to a program or facility for serious or habitual
1421	juvenile offenders must be for an indeterminate period of time,
1422	but the time may not exceed the maximum term of imprisonment
1423	that an adult may serve for the same offense. The court may
1424	retain jurisdiction over such child until the child reaches the
1425	age of 21, specifically for the purpose of the child completing
1426	the program.
1427	9.  In addition to the sanctions imposed on the child,
1428	order the parent or guardian of the child to perform community
1429	service if the court finds that the parent or guardian did not
1430	make a diligent and good faith effort to prevent the child from
1431	engaging in delinquent acts. The court may also order the parent
1432	or guardian to make restitution in money or in kind for any
1433	damage or loss caused by the child's offense. The court shall
1434	determine a reasonable amount or manner of restitution, and
1435	payment shall be made to the clerk of the circuit court as
1436	provided in subparagraph 6.
1437	10.  Subject to specific appropriation, commit the juvenile
1438	sexual offender to the Department of Juvenile Justice for
1439	placement in a program or facility for juvenile sexual offenders
1440	in accordance with s. 985.308. Any commitment of a juvenile
1441	sexual offender to a program or facility for juvenile sexual
1442	offenders must be for an indeterminate period of time, but the
1443	time may not exceed the maximum term of imprisonment that an
1444	adult may serve for the same offense. The court may retain
1445	jurisdiction over a juvenile sexual offender until the juvenile
1446	sexual offender reaches the age of 21, specifically for the
1447	purpose of completing the program.
1448	(d)  Any commitment of a delinquent child to the Department
1449	of Juvenile Justice must be for an indeterminate period of time,
1450	which may include periods of temporary release; however, but the
1451	period of time may not exceed the maximum term of imprisonment
1452	that an adult may serve for the same offense, except that the
1453	duration of a minimum-risk nonresidential commitment for an
1454	offense that is a misdemeanor of the second degree, or is
1455	equivalent to a misdemeanor of the second degree, may be for a
1456	period not to exceed 6 months. The duration of the child's
1457	placement in a residential commitment program of any
1458	restrictiveness level shall be based on objective performance-
1459	based treatment planning. The child's treatment plan progress
1460	and adjustment-related issues shall be reported to the court
1461	each month. The child's length of stay in a residential
1462	commitment program may be extended if the child fails to comply
1463	with or participate in treatment activities. The child's length
1464	of stay in the such program shall not be extended for purposes
1465	of sanction or punishment. Any temporary release from such
1466	program must be approved by the court. Any child so committed
1467	may be discharged from institutional confinement or a program
1468	upon the direction of the department with the concurrence of the
1469	court. The child's treatment plan progress and adjustment-
1470	related issues must be communicated to the court at the time the
1471	department requests the court to consider releasing the child
1472	from the residential commitment program. Notwithstanding s.
1473	743.07 and this subsection, and except as provided in ss.
1474	985.201 and 985.31, a child may not be held under a commitment
1475	from a court under pursuant to this section after becoming 21
1476	years of age. The department shall give the court that committed
1477	the child to the department reasonable notice, in writing, of
1478	its desire to discharge the child from a commitment facility.
1479	The court that committed the child may thereafter accept or
1480	reject the request. If the court does not respond within 10 days
1481	after receipt of the notice, the request of the department shall
1482	be deemed granted. This section does not limit the department's
1483	authority to revoke a child's temporary release status and
1484	return the child to a commitment facility for any violation of
1485	the terms and conditions of the temporary release.
1486	(2)  Following a delinquency adjudicatory hearing pursuant
1487	to s. 985.228 and a delinquency disposition hearing pursuant to
1488	s. 985.23 which results in a commitment determination, the court
1489	shall, on its own or upon request by the state or the
1490	department, determine whether the protection of the public
1491	requires that the child be placed in a program for serious or
1492	habitual juvenile offenders and whether the particular needs of
1493	the child would be best served by a program for serious or
1494	habitual juvenile offenders as provided in s. 985.31. The
1495	determination shall be made pursuant to ss. 985.03(49)(48) and
1496	985.23(3).
1497	Section 11.  Paragraph (a) of subsection (1) of section
1498	985.2311, Florida Statutes, is amended to read:
1499	985.2311  Cost of supervision; cost of care.--
1500	(1)  Except as provided in subsection (3) or subsection
1501	(4):
1502	(a)  When any child is placed into home detention,
1503	probation, or other supervision status with the Department of
1504	Juvenile Justice, or is committed to the minimum-risk
1505	nonresidential restrictiveness level, the court shall order the
1506	parent of such child to pay to the department a fee for the cost
1507	of the supervision of such child in the amount of $1 per day for
1508	each day that the child is in such supervision status.
1509	Section 12.  Section 985.313, Florida Statutes, is amended
1510	to read:
1511	985.313  Juvenile correctional facilities or juvenile
1512	prison.--A juvenile correctional facility or juvenile prison is
1513	a physically secure residential commitment program with a
1514	designated length of stay from 18 months to 36 months, primarily
1515	serving children 13 years of age to 19 years of age, or until
1516	the jurisdiction of the court expires. The court may retain
1517	jurisdiction over the child until the child reaches the age of
1518	21, specifically for the purpose of the child completing the
1519	program. Each child committed to this level must meet one of the
1520	following criteria:
1521	(1)  The youth is at least 13 years of age at the time of
1522	the disposition for the current offense and has been adjudicated
1523	on the current offense for:
1524	(a)  Arson;
1525	(b)  Sexual battery;
1526	(c)  Robbery;
1527	(d)  Kidnapping;
1528	(e)  Aggravated child abuse;
1529	(f)  Aggravated assault;
1530	(g)  Aggravated stalking;
1531	(h)  Murder;
1532	(i)  Manslaughter;
1533	(j)  Unlawful throwing, placing, or discharging of a
1534	destructive device or bomb;
1535	(k)  Armed burglary;
1536	(l)  Aggravated battery;
1537	(m)  Carjacking;
1538	(n)  Home-invasion robbery;
1539	(o)  Burglary with an assault or battery;
1540	(p)  Any lewd or lascivious offense committed upon or in
1541	the presence of a person less than 16 years of age; or
1542	(q)  Carrying, displaying, using, threatening to use, or
1543	attempting to use a weapon or firearm during the commission of a
1544	felony.
1545	(2)  The youth is at least 13 years of age at the time of
1546	the disposition, the current offense is a felony, and the child
1547	has previously been committed three or more times to a
1548	delinquency commitment program.
1549	(3)  The youth is at least 13 years of age and is currently
1550	committed for a felony offense and transferred from a moderate-
1551	risk or high-risk residential commitment placement.
1552	(4)  The youth is at least 13 years of age at the time of
1553	the disposition for the current offense, the youth is eligible
1554	for prosecution as an adult for the current offense, and the
1555	current offense is ranked at level 7 or higher on the Criminal
1556	Punishment Code offense severity ranking chart pursuant to s.
1557	921.0022.
1558	Section 13.  Subsection (3) of section 985.316, Florida
1559	Statutes, is amended to read:
1560	985.316  Conditional release.--
1561	(3)  For juveniles referred or committed to the department,
1562	the function of the department may include, but shall not be
1563	limited to, assessing each committed juvenile placed in a
1564	residential commitment program to determine the need for
1565	conditional release services upon release from the a commitment
1566	program, supervising the juvenile when released into the
1567	community from a residential commitment facility of the
1568	department, providing such counseling and other services as may
1569	be necessary for the families and assisting their preparations
1570	for the return of the child. Subject to specific appropriation,
1571	the department shall provide for outpatient sexual offender
1572	counseling for any juvenile sexual offender released from a
1573	residential commitment program as a component of conditional
1574	release.
1575	Section 14.  Subsection (4) of section 985.404, Florida
1576	Statutes, is amended to read:
1577	985.404  Administering the juvenile justice continuum.--
1578	(4)  The department may transfer a child, when necessary to
1579	appropriately administer the child's commitment, from one
1580	facility or program to another facility or program operated,
1581	contracted, subcontracted, or designated by the department,
1582	including a postcommitment nonresidential conditional release
1583	program. The department shall notify the court that committed
1584	the child to the department and any attorney of record, in
1585	writing, of its intent to transfer the child from a commitment
1586	facility or program to another facility or program of a higher
1587	or lower restrictiveness level or to another facility or program
1588	that is different from a facility or program specified by the
1589	court under s. 985.231(1)(a)3. After receipt of the notice, the
1590	court that committed the child may agree to the transfer or may
1591	set a hearing to review the transfer, after which the court
1592	shall issue a written order granting or denying the transfer or
1593	may, without setting a hearing, issue a written order granting
1594	or denying the transfer. No child shall be transferred by the
1595	department to a higher or lower restrictiveness level or to a
1596	facility or program different from that specified by the court
1597	under s. 985.231(1)(a)3. prior to the department receiving a
1598	written court order granting the transfer. If the court does not
1599	respond within 10 days after receipt of the notice, the transfer
1600	of the child shall be deemed granted.
1601	Section 15.  Subsection (2) of section 985.4135, Florida
1602	Statutes, is amended to read:
1603	985.4135  Juvenile justice circuit boards and juvenile
1604	justice county councils.--
1605	(2)  Each juvenile justice county council shall:
1606	(a)  Develop a juvenile justice prevention and early
1607	intervention plan for the county and shall collaborate with the
1608	circuit board and other county councils assigned to that circuit
1609	in the development of a comprehensive plan for the circuit.
1610	(b)  Develop, with the cooperation of county commissioners,
1611	school board officials, representatives of governing bodies for
1612	local municipalities, and representatives of local law
1613	enforcement agencies, criteria to be considered by law
1614	enforcement officers prior to referring youth to juvenile
1615	assessment centers.
1616	Section 16.  Section 784.075, Florida Statutes, is amended
1617	to read:
1618	784.075  Battery on detention or commitment facility staff
1619	or a juvenile probation officer.--A person who commits a battery
1620	on a juvenile probation officer, as defined in s. 984.03 or s.
1621	985.03, on other staff of a detention center or facility as
1622	defined in s. 984.03(19) or s. 985.03(19), or on a staff member
1623	of a commitment facility as defined in s. 985.03(45), commits a
1624	felony of the third degree, punishable as provided in s.
1625	775.082, s. 775.083, or s. 775.084. For purposes of this
1626	section, a staff member of the facilities listed includes
1627	persons employed by the Department of Juvenile Justice, persons
1628	employed at facilities licensed by the Department of Juvenile
1629	Justice, and persons employed at facilities operated under a
1630	contract with the Department of Juvenile Justice.
1631	Section 17.  Section 984.05, Florida Statutes, is amended
1632	to read:
1633	984.05  Rules relating to habitual truants; adoption by
1634	State Board of Education and Department of Juvenile
1635	Justice.--The Department of Juvenile Justice and the State Board
1636	of Education shall work together on the development of, and
1637	shall adopt, rules as necessary for the implementation of ss.
1638	984.03(27), 985.03(26)(25), and 1003.27.
1639	Section 18.  Paragraph (e) of subsection (3) and paragraph
1640	(a) of subsection (4) of section 985.31, Florida Statutes, are
1641	amended, and for the purpose of incorporating the amendment to
1642	section 985.231, Florida Statutes, in references thereto,
1643	paragraph (k) of subsection (3) of said section is reenacted to
1644	read:
1645	985.31  Serious or habitual juvenile offender.--
1646	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1647	TREATMENT.--
1648	(e)  After a child has been adjudicated delinquent pursuant
1649	to s. 985.228, the court shall determine whether the child meets
1650	the criteria for a serious or habitual juvenile offender
1651	pursuant to s. 985.03(49)(48). If the court determines that the
1652	child does not meet such criteria, the provisions of s.
1653	985.231(1) shall apply.
1654	(k)  Any commitment of a child to the department for
1655	placement in a serious or habitual juvenile offender program or
1656	facility shall be for an indeterminate period of time, but the
1657	time shall not exceed the maximum term of imprisonment which an
1658	adult may serve for the same offense. Notwithstanding the
1659	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1660	habitual juvenile offender shall not be held under commitment
1661	from a court pursuant to this section, s. 985.231, or s. 985.233
1662	after becoming 21 years of age. This provision shall apply only
1663	for the purpose of completing the serious or habitual juvenile
1664	offender program pursuant to this chapter and shall be used
1665	solely for the purpose of treatment.
1666	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1667	(a)  Pursuant to the provisions of this section, the
1668	department shall implement the comprehensive assessment
1669	instrument for the treatment needs of serious or habitual
1670	juvenile offenders and for the assessment, which assessment
1671	shall include the criteria under s. 985.03(49)(48) and shall
1672	also include, but not be limited to, evaluation of the child's:
1673	1.  Amenability to treatment.
1674	2.  Proclivity toward violence.
1675	3.  Tendency toward gang involvement.
1676	4.  Substance abuse or addiction and the level thereof.
1677	5.  History of being a victim of child abuse or sexual
1678	abuse, or indication of sexual behavior dysfunction.
1679	6.  Number and type of previous adjudications, findings of
1680	guilt, and convictions.
1681	7.  Potential for rehabilitation.
1682	Section 19.  Subsection (2) of section 985.3141, Florida
1683	Statutes, is amended to read:
1684	985.3141  Escapes from secure detention or residential
1685	commitment facility.--An escape from:
1686	(2)  Any residential commitment facility described in s.
1687	985.03(46)(45), maintained for the custody, treatment,
1688	punishment, or rehabilitation of children found to have
1689	committed delinquent acts or violations of law; or
1690
1691	constitutes escape within the intent and meaning of s. 944.40
1692	and is a felony of the third degree, punishable as provided in
1693	s. 775.082, s. 775.083, or s. 775.084.
1694	Section 20.  For the purpose of incorporating the amendment
1695	to section 985.231, Florida Statutes, in a reference thereto,
1696	paragraph (a) of subsection (4) of section 985.201, Florida
1697	Statutes, is reenacted to read:
1698	985.201  Jurisdiction.--
1699	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1700	985.231, and except as provided in ss. 985.31 and 985.313, when
1701	the jurisdiction of any child who is alleged to have committed a
1702	delinquent act or violation of law is obtained, the court shall
1703	retain jurisdiction, unless relinquished by its order, until the
1704	child reaches 19 years of age, with the same power over the
1705	child that the court had prior to the child becoming an adult.
1706	Section 21.  For the purpose of incorporating the amendment
1707	to section 985.231, Florida Statutes, in a reference thereto,
1708	paragraph (b) of subsection (4) of section 985.233, Florida
1709	Statutes, is reenacted to read:
1710	985.233  Sentencing powers; procedures; alternatives for
1711	juveniles prosecuted as adults.--
1712	(4)  SENTENCING ALTERNATIVES.--
1713	(b)  Sentencing to juvenile sanctions.--For juveniles
1714	transferred to adult court but who do not qualify for such
1715	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1716	(b), the court may impose juvenile sanctions under this
1717	paragraph. If juvenile sentences are imposed, the court shall,
1718	pursuant to this paragraph, adjudge the child to have committed
1719	a delinquent act. Adjudication of delinquency shall not be
1720	deemed a conviction, nor shall it operate to impose any of the
1721	civil disabilities ordinarily resulting from a conviction. The
1722	court shall impose an adult sanction or a juvenile sanction and
1723	may not sentence the child to a combination of adult and
1724	juvenile punishments. An adult sanction or a juvenile sanction
1725	may include enforcement of an order of restitution or probation
1726	previously ordered in any juvenile proceeding. However, if the
1727	court imposes a juvenile sanction and the department determines
1728	that the sanction is unsuitable for the child, the department
1729	shall return custody of the child to the sentencing court for
1730	further proceedings, including the imposition of adult
1731	sanctions. Upon adjudicating a child delinquent under subsection
1732	(1), the court may:
1733	1.  Place the child in a probation program under the
1734	supervision of the department for an indeterminate period of
1735	time until the child reaches the age of 19 years or sooner if
1736	discharged by order of the court.
1737	2.  Commit the child to the department for treatment in an
1738	appropriate program for children for an indeterminate period of
1739	time until the child is 21 or sooner if discharged by the
1740	department. The department shall notify the court of its intent
1741	to discharge no later than 14 days prior to discharge. Failure
1742	of the court to timely respond to the department's notice shall
1743	be considered approval for discharge.
1744	3.  Order disposition pursuant to s. 985.231 as an
1745	alternative to youthful offender or adult sentencing if the
1746	court determines not to impose youthful offender or adult
1747	sanctions.
1748
1749	It is the intent of the Legislature that the criteria and
1750	guidelines in this subsection are mandatory and that a
1751	determination of disposition under this subsection is subject to
1752	the right of the child to appellate review under s. 985.234.
1753	Section 22.  For the purpose of incorporating the amendment
1754	to section 985.231, Florida Statutes, in a reference thereto,
1755	paragraph (e) of subsection (3) of section 985.311, Florida
1756	Statutes, is reenacted to read:
1757	985.311  Intensive residential treatment program for
1758	offenders less than 13 years of age.--
1759	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1760	TREATMENT.--
1761	(e)  After a child has been adjudicated delinquent pursuant
1762	to s. 985.228(5), the court shall determine whether the child is
1763	eligible for an intensive residential treatment program for
1764	offenders less than 13 years of age pursuant to s. 985.03(7). If
1765	the court determines that the child does not meet the criteria,
1766	the provisions of s. 985.231(1) shall apply.
1767	Section 23.  This act shall take effect July 1, 2005.

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