HB 1917

CS

CHAMBER ACTION

1	The Fiscal Council 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. 943.0515,
7	F.S.; deleting the term "juvenile prison"; amending s.
8	985.03, F.S.; revising definitions relating to juvenile
9	justice; creating a definition for the term "day
10	treatment"; creating the minimum-risk nonresidential
11	restrictiveness level; providing that temporary release
12	may be granted under specified conditions to youth
13	committed to the high-risk residential restrictiveness
14	level; providing that high-risk residential facilities may
15	be environmentally secure; removing juvenile prisons from
16	the maximum-risk residential level; amending s. 985.201,
17	F.S.; conforming to definition changes; amending s.
18	985.207, F.S.; providing that a child may be taken into
19	custody for absconding from a nonresidential commitment
20	facility; providing for a child to be taken into custody
21	for specified court findings; amending s. 985.208, F.S.;
22	providing that a child may be taken into custody for
23	absconding from a nonresidential commitment facility;
24	amending s. 985.213, F.S.; providing that permissible
25	detention findings include specified criteria for taking a
26	child into custody; amending s. 985.215, F.S.; providing
27	for release from detention for a child who has absconded;
28	providing exceptions that permit a child to be placed in
29	detention postadjudication for more than 15 days;
30	providing procedures for exceptions; conforming a cross
31	reference; providing for detention for committed children
32	awaiting placement; providing secure detention for
33	children awaiting minimum-risk placement who violate home
34	or nonsecure detention or electronic monitoring; providing
35	for limited secure detention for children being
36	transported to residential commitment programs; amending
37	s. 985.2155, F.S.; revising the definition of a fiscally
38	constrained county; amending s. 985.228, F.S.; requiring
39	the court to include specified conditions in an order of
40	adjudication of delinquency that are applicable to a youth
41	for the postadjudication and predisposition period;
42	amending s. 985.231, F.S.; revising provisions relating to
43	powers of disposition; permitting a court to specify the
44	program or facility a youth shall be placed in when
45	committed; providing procedures for a court's specific
46	placement; providing for commitment of a child to a
47	specific high-risk residential or maximum-risk residential
48	program or facility; providing the maximum length for a
49	minimum-risk nonresidential commitment for a second degree
50	misdemeanor; providing that the department or a provider
51	report quarterly to the court the child's treatment plan
52	progress; making conforming changes; amending s. 985.2311,
53	F.S.; providing that parents shall pay fees for costs of
54	supervision related to minimum-risk nonresidential
55	commitment; amending s. 985.313, F.S.; conforming to
56	definitions changes; amending s. 985.316, F.S.; providing
57	for assessment of residentially committed youth for
58	conditional release services; repealing s. 985.403, F.S.,
59	relating to the Task Force on Juvenile Sexual Offenders
60	and their Victims; creating a new task force on juvenile
61	sexual offenders and their victims; providing powers and
62	duties; providing membership; requiring a report;
63	providing for administrative support; providing for
64	dissolution of the task force; creating a task force to
65	study the certification of professional staff working for
66	a provider of juvenile justice services; providing
67	membership; requiring the task force to consider the
68	feasibility of implementing and operating a certification
69	system for professional staff; requiring the task force to
70	consider specified issues; directing the task force to
71	recommend a process for testing and validating the
72	effectiveness of the recommended staff development system;
73	requiring the task force to prepare and submit a report of
74	its deliberations and recommendations by a specified date;
75	providing for administrative support; providing for
76	dissolution of the task force; amending s. 985.404, F.S.;
77	requiring the court to issue written orders granting or
78	denying specified department?requested transfers for
79	committed youth; permitting the court to conduct a
80	hearing; prohibiting specified department-requested
81	transfers prior to department receipt of a written court
82	order granting the transfer; amending s. 985.4135, F.S.;
83	requiring juvenile justice county councils to develop
84	criteria for law enforcement referrals to juvenile
85	assessment centers; providing for permissible
86	representation on juvenile justice county councils or
87	circuit boards; amending ss. 784.075, 984.05, 985.31, and
88	985.3141, F.S.; conforming cross references; reenacting
89	ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k), and
90	985.311(3)(e), F.S., relating to jurisdiction, sentencing
91	alternatives, commitment of serious or habitual juvenile
92	offenders, and eligibility for an intensive residential
93	treatment program for offenders less than 13 years of age,
94	respectively, to incorporate the amendment to s. 985.231,
95	F.S., in references thereto; providing an effective date.
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1.  Subsection (1) of section 943.0515, Florida
100	Statutes, is amended to read:
101	943.0515  Retention of criminal history records of
102	minors.--
103	(1)(a)  The Criminal Justice Information Program shall
104	retain the criminal history record of a minor who is classified
105	as a serious or habitual juvenile offender or committed to a
106	juvenile correctional facility or juvenile prison under chapter
107	985 for 5 years after the date the offender reaches 21 years of
108	age, at which time the record shall be expunged unless it meets
109	the criteria of paragraph (2)(a) or paragraph (2)(b).
110	(b)  If the minor is not classified as a serious or
111	habitual juvenile offender or committed to a juvenile
112	correctional facility or juvenile prison under chapter 985, the
113	program shall retain the minor's criminal history record for 5
114	years after the date the minor reaches 19 years of age, at which
115	time the record shall be expunged unless it meets the criteria
116	of paragraph (2)(a) or paragraph (2)(b).
117	Section 2.  Section 985.03, Florida Statutes, is amended to
118	read:
119	985.03  Definitions. --As When used in this chapter, the
120	term:
121	(1)  "Addictions receiving facility" means a substance
122	abuse service provider as defined in chapter 397.
123	(2)  "Adjudicatory hearing" means a hearing for the court
124	to determine whether or not the facts support the allegations
125	stated in the petition, as is provided for under s. 985.228 in
126	delinquency cases.
127	(3)  "Adult" means any natural person other than a child.
128	(4)  "Arbitration" means a process whereby a neutral third
129	person or panel, called an arbitrator or an arbitration panel,
130	considers the facts and arguments presented by the parties and
131	renders a decision which may be binding or nonbinding.
132	(5)  "Authorized agent" or "designee" of the department
133	means a person or agency assigned or designated by the
134	department of Juvenile Justice or the Department of Children and
135	Family Services, as appropriate, to perform duties or exercise
136	powers under pursuant to this chapter and includes contract
137	providers and their employees for purposes of providing services
138	to and managing cases of children in need of services and
139	families in need of services.
140	(6)  "Child" or "juvenile" or "youth" means any unmarried
141	person under the age of 18 who has not been emancipated by order
142	of the court and who has been found or alleged to be dependent,
143	in need of services, or from a family in need of services; or
144	any married or unmarried person who is charged with a violation
145	of law occurring prior to the time that person reached the age
146	of 18 years.
147	(7)  "Child eligible for an intensive residential treatment
148	program for offenders less than 13 years of age" means a child
149	who has been found to have committed a delinquent act or a
150	violation of law in the case currently before the court and who
151	meets at least one of the following criteria:
152	(a)  The child is less than 13 years of age at the time of
153	the disposition for the current offense and has been adjudicated
154	on the current offense for:
155	1.  Arson;
156	2.  Sexual battery;
157	3.  Robbery;
158	4.  Kidnapping;
159	5.  Aggravated child abuse;
160	6.  Aggravated assault;
161	7.  Aggravated stalking;
162	8.  Murder;
163	9.  Manslaughter;
164	10.  Unlawful throwing, placing, or discharging of a
165	destructive device or bomb;
166	11.  Armed burglary;
167	12.  Aggravated battery;
168	13.  Any lewd or lascivious offense committed upon or in
169	the presence of a person less than 16 years of age; or
170	14.  Carrying, displaying, using, threatening, or
171	attempting to use a weapon or firearm during the commission of a
172	felony.
173	(b)  The child is less than 13 years of age at the time of
174	the disposition, the current offense is a felony, and the child
175	has previously been committed at least once to a delinquency
176	commitment program.
177	(c)  The child is less than 13 years of age and is
178	currently committed for a felony offense and transferred from a
179	moderate-risk or high-risk residential commitment placement.
180	(8)  "Child in need of services" means a child for whom
181	there is no pending investigation into an allegation or
182	suspicion of abuse, neglect, or abandonment; no pending referral
183	alleging the child is delinquent; or no current supervision by
184	the department of Juvenile Justice or the Department of Children
185	and Family Services for an adjudication of dependency or
186	delinquency. The child must also, under pursuant to this
187	chapter, be found by the court:
188	(a)  To have persistently run away from the child's parents
189	or legal custodians despite reasonable efforts of the child, the
190	parents or legal custodians, and appropriate agencies to remedy
191	the conditions contributing to the behavior. Reasonable efforts
192	shall include voluntary participation by the child's parents or
193	legal custodians and the child in family mediation, services,
194	and treatment offered by the department of Juvenile Justice or
195	the Department of Children and Family Services;
196	(b)  To be habitually truant from school, while subject to
197	compulsory school attendance, despite reasonable efforts to
198	remedy the situation under pursuant to ss. 1003.26 and 1003.27
199	and through voluntary participation by the child's parents or
200	legal custodians and by the child in family mediation, services,
201	and treatment offered by the department of Juvenile Justice or
202	the Department of Children and Family Services; or
203	(c)  To have persistently disobeyed the reasonable and
204	lawful demands of the child's parents or legal custodians, and
205	to be beyond their control despite efforts by the child's
206	parents or legal custodians and appropriate agencies to remedy
207	the conditions contributing to the behavior. Reasonable efforts
208	may include such things as good faith participation in family or
209	individual counseling.
210	(9)  "Child who has been found to have committed a
211	delinquent act" means a child who, under pursuant to the
212	provisions of this chapter, is found by a court to have
213	committed a violation of law or to be in direct or indirect
214	contempt of court, except that this definition shall not include
215	an act constituting contempt of court arising out of a
216	dependency proceeding or a proceeding under pursuant to part III
217	of this chapter.
218	(10)  "Child support" means a court-ordered obligation,
219	enforced under chapter 61 and ss. 409.2551-409.2597, for
220	monetary support for the care, maintenance, training, and
221	education of a child.
222	(11)  "Circuit" means any of the 20 judicial circuits as
223	set forth in s. 26.021.
224	(12)  "Comprehensive assessment" or "assessment" means the
225	gathering of information for the evaluation of a juvenile
226	offender's or a child's physical, psychological, educational,
227	vocational, and social condition and family environment as they
228	relate to the child's need for rehabilitative and treatment
229	services, including substance abuse treatment services, mental
230	health services, developmental services, literacy services,
231	medical services, family services, and other specialized
232	services, as appropriate.
233	(13)  "Conditional release" means the care, treatment,
234	help, and supervision provided to a juvenile released from a
235	residential commitment program which is intended to promote
236	rehabilitation and prevent recidivism. The purpose of
237	conditional release is to protect the public, reduce recidivism,
238	increase responsible productive behavior, and provide for a
239	successful transition of the youth from the department to the
240	family. Conditional release includes, but is not limited to,
241	nonresidential community-based programs.
242	(14)  "Court," unless otherwise expressly stated, means the
243	circuit court assigned to exercise jurisdiction under this
244	chapter.
245	(15)  "Day treatment" means a nonresidential, community-
246	based program designed to provide therapeutic intervention to
247	youth who are placed on probation or conditional release or are
248	committed to the minimum-risk nonresidential level. A day
249	treatment program may provide educational and vocational
250	services and shall provide case management services; individual,
251	group, and family counseling; training designed to address
252	delinquency risk factors; and monitoring of a youth's compliance
253	with, and facilitation of a youth's completion of, sanctions if
254	ordered by the court. Program types may include, but are not
255	limited to, career programs, marine programs, juvenile justice
256	alternative schools, training and rehabilitation programs, and
257	gender-specific programs.
258	(16)(15)(a)  "Delinquency program" means any intake,
259	probation, or similar program; regional detention center or
260	facility; or community-based program, whether owned and operated
261	by or contracted by the department of Juvenile Justice, or
262	institution owned and operated by or contracted by the
263	department of Juvenile Justice, which provides intake,
264	supervision, or custody and care of children who are alleged to
265	be or who have been found to be delinquent under pursuant to
266	part II.
267	(b)  "Delinquency program staff" means supervisory and
268	direct care staff of a delinquency program as well as support
269	staff who have direct contact with children in a delinquency
270	program.
271	(c)  "Delinquency prevention programs" means programs
272	designed for the purpose of reducing the occurrence of
273	delinquency, including youth and street gang activity, and
274	juvenile arrests. The term excludes arbitration, diversionary or
275	mediation programs, and community service work or other
276	treatment available subsequent to a child committing a
277	delinquent act.
278	(17)(16)  "Department" means the Department of Juvenile
279	Justice.
280	(18)(17)  "Designated facility" or "designated treatment
281	facility" means any facility designated by the department of
282	Juvenile Justice to provide treatment to juvenile offenders.
283	(19)(18)  "Detention care" means the temporary care of a
284	child in secure, nonsecure, or home detention, pending a court
285	adjudication or disposition or execution of a court order. There
286	are three types of detention care, as follows:
287	(a)  "Secure detention" means temporary custody of the
288	child while the child is under the physical restriction of a
289	detention center or facility pending adjudication, disposition,
290	or placement.
291	(b)  "Nonsecure detention" means temporary custody of the
292	child while the child is in a residential home in the community
293	in a physically nonrestrictive environment under the supervision
294	of the department of Juvenile Justice pending adjudication,
295	disposition, or placement.
296	(c)  "Home detention" means temporary custody of the child
297	while the child is released to the custody of the parent,
298	guardian, or custodian in a physically nonrestrictive
299	environment under the supervision of the department's Department
300	of Juvenile Justice staff pending adjudication, disposition, or
301	placement.
302	(20)(19)  "Detention center or facility" means a facility
303	used pending court adjudication or disposition or execution of
304	court order for the temporary care of a child alleged or found
305	to have committed a violation of law. A detention center or
306	facility may provide secure or nonsecure custody. A facility
307	used for the commitment of adjudicated delinquents shall not be
308	considered a detention center or facility.
309	(21)(20)  "Detention hearing" means a hearing for the court
310	to determine if a child should be placed in temporary custody,
311	as provided for under ss. 985.213 and 985.215 in delinquency
312	cases.
313	(22)(21)  "Disposition hearing" means a hearing in which
314	the court determines the most appropriate dispositional services
315	in the least restrictive available setting provided for under s.
316	985.231, in delinquency cases.
317	(23)(22)  "Family" means a collective of persons,
318	consisting of a child and a parent, guardian, adult custodian,
319	or adult relative, in which:
320	(a)  The persons reside in the same house or living unit;
321	or
322	(b)  The parent, guardian, adult custodian, or adult
323	relative has a legal responsibility by blood, marriage, or court
324	order to support or care for the child.
325	(24)(23)  "Family in need of services" means a family that
326	has a child for whom there is no pending investigation into an
327	allegation of abuse, neglect, or abandonment or no current
328	supervision by the department of Juvenile Justice or the
329	Department of Children and Family Services for an adjudication
330	of dependency or delinquency. The child must also have been
331	referred to a law enforcement agency or the department of
332	Juvenile Justice for:
333	(a)  Running away from parents or legal custodians;
334	(b)  Persistently disobeying reasonable and lawful demands
335	of parents or legal custodians, and being beyond their control;
336	or
337	(c)  Habitual truancy from school.
338	(25)(24)  "Foster care" means care provided a child in a
339	foster family or boarding home, group home, agency boarding
340	home, child care institution, or any combination thereof.
341	(26)(25)  "Habitually truant" means that:
342	(a)  The child has 15 unexcused absences within 90 calendar
343	days with or without the knowledge or justifiable consent of the
344	child's parent or legal guardian, is subject to compulsory
345	school attendance under s. 1003.21(1) and (2)(a), and is not
346	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
347	specified by law or the rules of the State Board of Education.
348	(b)  Escalating activities to determine the cause, and to
349	attempt the remediation, of the child's truant behavior under
350	ss. 1003.26 and 1003.27 have been completed.
351
352	If a child who is subject to compulsory school attendance is
353	responsive to the interventions described in ss. 1003.26 and
354	1003.27 and has completed the necessary requirements to pass the
355	current grade as indicated in the district pupil progression
356	plan, the child shall not be determined to be habitually truant
357	and shall be passed. If a child within the compulsory school
358	attendance age has 15 unexcused absences within 90 calendar days
359	or fails to enroll in school, the state attorney may file a
360	child-in-need-of-services petition. Before Prior to filing a
361	petition, the child must be referred to the appropriate agency
362	for evaluation. After consulting with the evaluating agency, the
363	state attorney may elect to file a child-in-need-of-services
364	petition.
365	(c)  A school representative, designated according to
366	school board policy, and a juvenile probation officer of the
367	department of Juvenile Justice have jointly investigated the
368	truancy problem or, if that was not feasible, have performed
369	separate investigations to identify conditions that could be
370	contributing to the truant behavior; and if, after a joint
371	staffing of the case to determine the necessity for services,
372	such services were determined to be needed, the persons who
373	performed the investigations met jointly with the family and
374	child to discuss any referral to appropriate community agencies
375	for economic services, family or individual counseling, or other
376	services required to remedy the conditions that are contributing
377	to the truant behavior.
378	(d)  The failure or refusal of the parent or legal guardian
379	or the child to participate, or make a good faith effort to
380	participate, in the activities prescribed to remedy the truant
381	behavior, or the failure or refusal of the child to return to
382	school after participation in activities required by this
383	subsection, or the failure of the child to stop the truant
384	behavior after the school administration and the department of
385	Juvenile Justice have worked with the child as described in s.
386	1003.27(3) shall be handled as prescribed in s. 1003.27.
387	(27)(26)  "Halfway house" means a community-based
388	residential program for 10 or more committed delinquents at the
389	moderate-risk commitment level which is operated or contracted
390	by the department of Juvenile Justice.
391	(28)(27)  "Intake" means the initial acceptance and
392	screening by the department of Juvenile Justice of a complaint
393	or a law enforcement report or probable cause affidavit of
394	delinquency, family in need of services, or child in need of
395	services to determine the recommendation to be taken in the best
396	interests of the child, the family, and the community. The
397	emphasis of intake is on diversion and the least restrictive
398	available services. Consequently, intake includes such
399	alternatives as:
400	(a)  The disposition of the complaint, report, or probable
401	cause affidavit without court or public agency action or
402	judicial handling when appropriate.
403	(b)  The referral of the child to another public or private
404	agency when appropriate.
405	(c)  The recommendation by the juvenile probation officer
406	of judicial handling when appropriate and warranted.
407	(29)(28)  "Judge" means the circuit judge exercising
408	jurisdiction pursuant to this chapter.
409	(30)(29)  "Juvenile justice continuum" includes, but is not
410	limited to, delinquency prevention programs and services
411	designed for the purpose of preventing or reducing delinquent
412	acts, including criminal activity by youth gangs, and juvenile
413	arrests, as well as programs and services targeted at children
414	who have committed delinquent acts, and children who have
415	previously been committed to residential treatment programs for
416	delinquents. The term includes children-in-need-of-services and
417	families-in-need-of-services programs; conditional release;
418	substance abuse and mental health programs; educational and
419	career programs; recreational programs; community services
420	programs; community service work programs; and alternative
421	dispute resolution programs serving children at risk of
422	delinquency and their families, whether offered or delivered by
423	state or local governmental entities, public or private for-
424	profit or not-for-profit organizations, or religious or
425	charitable organizations.
426	(31)(30)  "Juvenile probation officer" means the authorized
427	agent of the department of Juvenile Justice who performs the
428	intake, case management, or supervision functions.
429	(32)(31)  "Juvenile sexual offender" means:
430	(a)  A juvenile who has been found by the court under
431	pursuant to s. 985.228 to have committed a violation of chapter
432	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
433	(b)  A juvenile found to have committed any felony
434	violation of law or delinquent act involving juvenile sexual
435	abuse. "Juvenile sexual abuse" means any sexual behavior which
436	occurs without consent, without equality, or as a result of
437	coercion. For purposes of this subsection, the following
438	definitions apply:
439	1.  "Coercion" means the exploitation of authority, use of
440	bribes, threats of force, or intimidation to gain cooperation or
441	compliance.
442	2.  "Equality" means two participants operating with the
443	same level of power in a relationship, neither being controlled
444	nor coerced by the other.
445	3.  "Consent" means an agreement including all of the
446	following:
447	a.  Understanding what is proposed based on age, maturity,
448	developmental level, functioning, and experience.
449	b.  Knowledge of societal standards for what is being
450	proposed.
451	c.  Awareness of potential consequences and alternatives.
452	d.  Assumption that agreement or disagreement will be
453	accepted equally.
454	e.  Voluntary decision.
455	f.  Mental competence.
456
457	Juvenile sexual offender behavior ranges from noncontact sexual
458	behavior such as making obscene phone calls, exhibitionism,
459	voyeurism, and the showing or taking of lewd photographs to
460	varying degrees of direct sexual contact, such as frottage,
461	fondling, digital penetration, rape, fellatio, sodomy, and
462	various other sexually aggressive acts.
463	(33)(32)  "Legal custody or guardian" means a legal status
464	created by court order or letter of guardianship which vests in
465	a custodian of the person or guardian, whether an agency or an
466	individual, the right to have physical custody of the child and
467	the right and duty to protect, train, and discipline the child
468	and to provide him or her with food, shelter, education, and
469	ordinary medical, dental, psychiatric, and psychological care.
470	(34)(33)  "Licensed child-caring agency" means a person,
471	society, association, or agency licensed by the Department of
472	Children and Family Services to care for, receive, and board
473	children.
474	(35)(34)  "Licensed health care professional" means a
475	physician licensed under chapter 458, an osteopathic physician
476	licensed under chapter 459, a nurse licensed under part I of
477	chapter 464, a physician assistant licensed under chapter 458 or
478	chapter 459, or a dentist licensed under chapter 466.
479	(36)(35)  "Likely to injure oneself" means that, as
480	evidenced by violent or other actively self-destructive
481	behavior, it is more likely than not that within a 24-hour
482	period the child will attempt to commit suicide or inflict
483	serious bodily harm on himself or herself.
484	(37)(36)  "Likely to injure others" means that it is more
485	likely than not that within a 24-hour period the child will
486	inflict serious and unjustified bodily harm on another person.
487	(38)(37)  "Mediation" means a process whereby a neutral
488	third person called a mediator acts to encourage and facilitate
489	the resolution of a dispute between two or more parties. It is
490	an informal and nonadversarial process with the objective of
491	helping the disputing parties reach a mutually acceptable and
492	voluntary agreement. In mediation, decisionmaking authority
493	rests with the parties. The role of the mediator includes, but
494	is not limited to, assisting the parties in identifying issues,
495	fostering joint problem solving, and exploring settlement
496	alternatives.
497	(39)(38)  "Necessary medical treatment" means care which is
498	necessary within a reasonable degree of medical certainty to
499	prevent the deterioration of a child's condition or to alleviate
500	immediate pain of a child.
501	(40)(39)  "Next of kin" means an adult relative of a child
502	who is the child's brother, sister, grandparent, aunt, uncle, or
503	first cousin.
504	(41)(40)  "Parent" means a woman who gives birth to a child
505	and a man whose consent to the adoption of the child would be
506	required under s. 63.062(1). If a child has been legally
507	adopted, the term "parent" means the adoptive mother or father
508	of the child. The term does not include an individual whose
509	parental relationship to the child has been legally terminated,
510	or an alleged or prospective parent, unless the parental status
511	falls within the terms of either s. 39.503(1) or s. 63.062(1).
512	(42)(41)  "Preliminary screening" means the gathering of
513	preliminary information to be used in determining a child's need
514	for further evaluation or assessment or for referral for other
515	substance abuse services through means such as psychosocial
516	interviews; urine and breathalyzer screenings; and reviews of
517	available educational, delinquency, and dependency records of
518	the child.
519	(43)(42)  "Preventive services" means social services and
520	other supportive and rehabilitative services provided to the
521	parent of the child, the legal guardian of the child, or the
522	custodian of the child and to the child for the purpose of
523	averting the removal of the child from the home or disruption of
524	a family that which will or could result in the placement of a
525	child in foster care. Social services and other supportive and
526	rehabilitative services shall promote the child's need for a
527	safe, continuous, stable living environment and shall promote
528	family autonomy and shall strengthen family life as the first
529	priority whenever possible.
530	(44)(43)  "Probation" means the legal status of probation
531	created by law and court order in cases involving a child who
532	has been found to have committed a delinquent act. Probation is
533	an individualized program in which the freedom of the child is
534	limited and the child is restricted to noninstitutional quarters
535	or restricted to the child's home in lieu of commitment to the
536	custody of the department of Juvenile Justice. Youth on
537	probation may be assessed and classified for placement in day-
538	treatment probation programs designed for youth who represent a
539	minimum risk to themselves and public safety and do not require
540	placement and services in a residential setting. Program types
541	in this more intensive and structured day-treatment probation
542	option include career programs, marine programs, juvenile
543	justice alternative schools, training and rehabilitation
544	programs, and gender-specific programs.
545	(45)(44)  "Relative" means a grandparent, great-
546	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
547	great-uncle, niece, or nephew, whether related by the whole or
548	half blood, by affinity, or by adoption. The term does not
549	include a stepparent.
550	(46)(45)  "Restrictiveness Residential Commitment level"
551	means the level of programming and security provided by programs
552	that service the supervision, custody, care, and treatment needs
553	of committed children. Sections 985.3141 and 985.404(11) apply
554	to children placed in programs at any residential commitment
555	level. The restrictiveness levels of residential commitment are
556	as follows:
557	(a)  Minimum-risk nonresidential.--Programs or program
558	models at this commitment level work with youth who remain in
559	the community and participate at least 5 days per week in a day
560	treatment program. Youth assessed and classified for programs at
561	this commitment level represent a minimum risk to themselves and
562	public safety and do not require placement and services in
563	residential settings. Youth in this level have full access to,
564	and reside in, the community. A youth who has been found to have
565	committed delinquent acts that involve firearms, delinquent acts
566	that are sexual offenses, or delinquent acts that would be life
567	felonies or first degree felonies if committed by an adult shall
568	not be committed to a program at this level.
569	(b)(a)  Low-risk residential.--Programs or program models
570	at this commitment level are residential but may allow youth to
571	have unsupervised access to the community. Youth assessed and
572	classified for placement in programs at this commitment level
573	represent a low risk to themselves and public safety but do
574	require placement and services in residential settings. Children
575	who have been found to have committed delinquent acts that
576	involve firearms, delinquent acts that are sexual offenses, or
577	delinquent acts that would be life felonies or first degree
578	felonies if committed by an adult shall not be committed to a
579	program at this level.
580	(c)(b)  Moderate-risk residential.--Programs or program
581	models at this commitment level are residential but may allow
582	youth to have supervised access to the community. Facilities are
583	either environmentally secure, staff secure, or are hardware-
584	secure with walls, fencing, or locking doors. Facilities shall
585	provide 24-hour awake supervision, custody, care, and treatment
586	of residents. Youth assessed and classified for placement in
587	programs at this commitment level represent a moderate risk to
588	public safety and require close supervision. The staff at a
589	facility at this commitment level may seclude a child who is a
590	physical threat to himself or herself or others. Mechanical
591	restraint may also be used when necessary.
592	(d)(c)  High-risk residential.--Programs or program models
593	at this commitment level are residential and do shall not allow
594	youth to have access to the community, except that temporary
595	release providing community access for up to 72 continuous hours
596	for a youth who has made successful progress in his or her
597	program may be approved by a court in order to attend a family
598	emergency or, during the final 60 days of his or her placement,
599	to visit his or her home, enroll in school or a vocational
600	program, complete a job interview, or participate in a community
601	service project. High-risk residential facilities are hardware-
602	secure with perimeter fencing and locking doors or are
603	environmentally secure. Facilities shall provide 24-hour awake
604	supervision, custody, care, and treatment of residents. Youth
605	assessed and classified for this level of placement require
606	close supervision in a structured residential setting. Placement
607	in programs at this level is prompted by a concern for public
608	safety that outweighs placement in programs at lower commitment
609	levels. The staff at a facility at this commitment level may
610	seclude a child who is a physical threat to himself or herself
611	or others. Mechanical restraint may also be used when necessary.
612	The facility may provide for single cell occupancy.
613	(e)(d)  Maximum-risk residential.--Programs or program
614	models at this commitment level include juvenile correctional
615	facilities and juvenile prisons. The programs are long-term
616	residential and shall not allow youth to have access to the
617	community. Facilities are maximum-custody hardware-secure with
618	perimeter security fencing and locking doors. Facilities shall
619	provide 24-hour awake supervision, custody, care, and treatment
620	of residents. The staff at a facility at this commitment level
621	may seclude a child who is a physical threat to himself or
622	herself or others. Mechanical restraint may also be used when
623	necessary. The facility shall provide for single cell occupancy,
624	except that youth may be housed together during prerelease
625	transition. Youth assessed and classified for this level of
626	placement require close supervision in a maximum security
627	residential setting. Placement in a program at this level is
628	prompted by a demonstrated need to protect the public.
629	(47)(46)  "Respite" means a placement that is available for
630	the care, custody, and placement of a youth charged with
631	domestic violence as an alternative to secure detention or for
632	placement of a youth when a shelter bed for a child in need of
633	services or a family in need of services is unavailable.
634	(48)(47)  "Secure detention center or facility" means a
635	physically restricting facility for the temporary care of
636	children, pending adjudication, disposition, or placement.
637	(49)(48)  "Serious or habitual juvenile offender," for
638	purposes of commitment to a residential facility and for
639	purposes of records retention, means a child who has been found
640	to have committed a delinquent act or a violation of law, in the
641	case currently before the court, and who meets at least one of
642	the following criteria:
643	(a)  The youth is at least 13 years of age at the time of
644	the disposition for the current offense and has been adjudicated
645	on the current offense for:
646	1.  Arson;
647	2.  Sexual battery;
648	3.  Robbery;
649	4.  Kidnapping;
650	5.  Aggravated child abuse;
651	6.  Aggravated assault;
652	7.  Aggravated stalking;
653	8.  Murder;
654	9.  Manslaughter;
655	10.  Unlawful throwing, placing, or discharging of a
656	destructive device or bomb;
657	11.  Armed burglary;
658	12.  Aggravated battery;
659	13.  Any lewd or lascivious offense committed upon or in
660	the presence of a person less than 16 years of age; or
661	14.  Carrying, displaying, using, threatening, or
662	attempting to use a weapon or firearm during the commission of a
663	felony.
664	(b)  The youth is at least 13 years of age at the time of
665	the disposition, the current offense is a felony, and the child
666	has previously been committed at least two times to a
667	delinquency commitment program.
668	(c)  The youth is at least 13 years of age and is currently
669	committed for a felony offense and transferred from a moderate-
670	risk or high-risk residential commitment placement.
671	(50)(49)  "Serious or habitual juvenile offender program"
672	means the program established in s. 985.31.
673	(51)(50)  "Shelter" means a place for the temporary care of
674	a child who is alleged to be or who has been found to be
675	delinquent.
676	(52)(51)  "Shelter hearing" means a hearing provided for
677	under s. 984.14 in family-in-need-of-services cases or child-in-
678	need-of-services cases.
679	(53)(52)  "Staff-secure shelter" means a facility in which
680	a child is supervised 24 hours a day by staff members who are
681	awake while on duty. The facility is for the temporary care and
682	assessment of a child who has been found to be dependent, who
683	has violated a court order and been found in contempt of court,
684	or whom the Department of Children and Family Services is unable
685	to properly assess or place for assistance within the continuum
686	of services provided for dependent children.
687	(54)(53)  "Substance abuse" means using, without medical
688	reason, any psychoactive or mood-altering drug, including
689	alcohol, in such a manner as to induce impairment resulting in
690	dysfunctional social behavior.
691	(55)(54)  "Taken into custody" means the status of a child
692	immediately when temporary physical control over the child is
693	attained by a person authorized by law, pending the child's
694	release, detention, placement, or other disposition as
695	authorized by law.
696	(56)(55)  "Temporary legal custody" means the relationship
697	that a juvenile court creates between a child and an adult
698	relative of the child, adult nonrelative approved by the court,
699	or other person until a more permanent arrangement is ordered.
700	Temporary legal custody confers upon the custodian the right to
701	have temporary physical custody of the child and the right and
702	duty to protect, train, and discipline the child and to provide
703	the child with food, shelter, and education, and ordinary
704	medical, dental, psychiatric, and psychological care, unless
705	these rights and duties are otherwise enlarged or limited by the
706	court order establishing the temporary legal custody
707	relationship.
708	(57)(56)  "Temporary release" means the terms and
709	conditions under which a child is temporarily released from a
710	residential commitment facility or allowed home visits. If the
711	temporary release is from a moderate-risk residential facility,
712	a high-risk residential facility, or a maximum-risk residential
713	facility, the terms and conditions of the temporary release must
714	be approved by the child, the court, and the facility. The term
715	includes periods during which the child is supervised pursuant
716	to a conditional release program or a period during which the
717	child is supervised by a juvenile probation officer or other
718	nonresidential staff of the department or staff employed by an
719	entity under contract with the department.
720	(58)(57)  "Training school" means one of the following
721	facilities: the Arthur G. Dozier School or the Eckerd Youth
722	Development Center.
723	(59)(58)  "Violation of law" or "delinquent act" means a
724	violation of any law of this state, the United States, or any
725	other state which is a misdemeanor or a felony or a violation of
726	a county or municipal ordinance which would be punishable by
727	incarceration if the violation were committed by an adult.
728	(60)(59)  "Waiver hearing" means a hearing provided for
729	under s. 985.226(3).
730	Section 3.  Paragraph (b) of subsection (4) of section
731	985.201, Florida Statutes, is amended to read:
732	985.201  Jurisdiction.--
733	(4)
734	(b)1.  The court may retain jurisdiction over a child
735	committed to the department for placement in a juvenile
736	correctional facility prison or in a high-risk or maximum-risk
737	residential commitment program to allow the child to participate
738	in a juvenile conditional release program pursuant to s.
739	985.316. In no case shall the jurisdiction of the court be
740	retained beyond the child's 22nd birthday. However, if the child
741	is not successful in the conditional release program, the
742	department may use the transfer procedure under s. 985.404.
743	2.  The court may retain jurisdiction over a child
744	committed to the department for placement in an intensive
745	residential treatment program for 10-year-old to 13-year-old
746	offenders, in the residential commitment program in a juvenile
747	correctional facility prison, in a residential sex offender
748	program, or in a program for serious or habitual juvenile
749	offenders as provided in s. 985.311 or s. 985.31 until the child
750	reaches the age of 21. If the court exercises this jurisdiction
751	retention, it shall do so solely for the purpose of the child
752	completing the intensive residential treatment program for 10-
753	year-old to 13-year-old offenders, in the residential commitment
754	program in a juvenile correctional facility prison, in a
755	residential sex offender program, or the program for serious or
756	habitual juvenile offenders. Such jurisdiction retention does
757	not apply for other programs, other purposes, or new offenses.
758	Section 4.  Paragraph (d) of subsection (1) of section
759	985.207, Florida Statutes, is amended, and paragraph (e) is
760	added to said subsection, to read:
761	985.207  Taking a child into custody.--
762	(1)  A child may be taken into custody under the following
763	circumstances:
764	(d)  By a law enforcement officer who has probable cause to
765	believe that the child is in violation of the conditions of the
766	child's probation, home detention, postcommitment probation, or
767	conditional release supervision, has absconded from
768	nonresidential commitment, or has escaped from residential
769	commitment.
770	(e)  When a court finds that the child, who has been found
771	to have committed a delinquent act or a violation of law and who
772	is awaiting disposition for that delinquent act or violation of
773	law:
774	1.  Has a history of failing to appear for court
775	proceedings;
776	2.  Is presently ungovernable as evidenced by his or her
777	recent behavior;
778	3.  Presents a risk of failing to appear for future
779	proceedings or of inflicting harm upon himself, herself, or
780	others or the property of others because of his or her
781	ungovernable behavior; or
782	4.  Has violated conditions imposed by the court in his or
783	her order of adjudication of delinquency.
784
785	Nothing in this subsection shall be construed to allow the
786	detention of a child who does not meet the detention criteria in
787	s. 985.215.
788	Section 5.  Section 985.208, Florida Statutes, is amended
789	to read:
790	985.208  Detention of escapee or absconder on authority of
791	the department.--
792	(1)  If an authorized agent of the department has
793	reasonable grounds to believe that any delinquent child
794	committed to the department has escaped from a residential
795	commitment facility of the department or from being lawfully
796	transported thereto or therefrom, or has absconded from a
797	nonresidential commitment facility, the agent may take the child
798	into active custody and may deliver the child to the facility
799	or, if it is closer, to a detention center for return to the
800	facility. However, a child may not be held in detention longer
801	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
802	unless a special order so directing is made by the judge after a
803	detention hearing resulting in a finding that detention is
804	required based on the criteria in s. 985.215(2). The order shall
805	state the reasons for such finding. The reasons shall be
806	reviewable by appeal or in habeas corpus proceedings in the
807	district court of appeal.
808	(2)  Any sheriff or other law enforcement officer, upon the
809	request of the secretary of the department or duly authorized
810	agent, shall take a child who has escaped or absconded from a
811	residential commitment department facility for committed
812	delinquent children, or from being lawfully transported thereto
813	or therefrom, or has absconded from a nonresidential commitment
814	facility, into custody and deliver the child to the appropriate
815	juvenile probation officer of the department.
816	Section 6.  Paragraph (f) is added to subsection (1) of
817	section 985.213, Florida Statutes, to read:
818	985.213  Use of detention.--
819	(1)  All determinations and court orders regarding the use
820	of secure, nonsecure, or home detention shall be based primarily
821	upon findings that the child:
822	(f)  Meets the criteria for taking a child into custody
823	under s. 985.207(1)(e).
824	Section 7.  Subsections (2) and (10) and paragraphs (d) and
825	(g) of subsection (5) of section 985.215, Florida Statutes, are
826	amended to read:
827	985.215  Detention.--
828	(2)  Subject to the provisions of subsection (1), a child
829	taken into custody and placed into nonsecure or home detention
830	care or detained in secure detention care prior to a detention
831	hearing may continue to be detained by the court if:
832	(a)  The child is alleged to be an escapee from a
833	residential commitment program, or an absconder from a
834	nonresidential commitment program, a probation program, or
835	conditional release supervision, or is alleged to have escaped
836	while being lawfully transported to or from a residential
837	commitment such program or supervision.
838	(b)  The child is wanted in another jurisdiction for an
839	offense which, if committed by an adult, would be a felony.
840	(c)  The child is charged with a delinquent act or
841	violation of law and requests in writing through legal counsel
842	to be detained for protection from an imminent physical threat
843	to his or her personal safety.
844	(d)  The child is charged with committing an offense of
845	domestic violence as defined in s. 741.28 and is detained as
846	provided in s. 985.213(2)(b)3.
847	(e)  The child is charged with possession or discharging a
848	firearm on school property in violation of s. 790.115.
849	(f)  The child is charged with a capital felony, a life
850	felony, a felony of the first degree, a felony of the second
851	degree that does not involve a violation of chapter 893, or a
852	felony of the third degree that is also a crime of violence,
853	including any such offense involving the use or possession of a
854	firearm.
855	(g)  The child is charged with any second degree or third
856	degree felony involving a violation of chapter 893 or any third
857	degree felony that is not also a crime of violence, and the
858	child:
859	1.  Has a record of failure to appear at court hearings
860	after being properly notified in accordance with the Rules of
861	Juvenile Procedure;
862	2.  Has a record of law violations prior to court hearings;
863	3.  Has already been detained or has been released and is
864	awaiting final disposition of the case;
865	4.  Has a record of violent conduct resulting in physical
866	injury to others; or
867	5.  Is found to have been in possession of a firearm.
868	(h)  The child is alleged to have violated the conditions
869	of the child's probation or conditional release supervision.
870	However, a child detained under this paragraph may be held only
871	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
872	consequence unit is not available, the child shall be placed on
873	home detention with electronic monitoring.
874	(i)  The child is detained on a judicial order for failure
875	to appear and has previously willfully failed to appear, after
876	proper notice, for an adjudicatory hearing on the same case
877	regardless of the results of the risk assessment instrument. A
878	child may be held in secure detention for up to 72 hours in
879	advance of the next scheduled court hearing pursuant to this
880	paragraph. The child's failure to keep the clerk of court and
881	defense counsel informed of a current and valid mailing address
882	where the child will receive notice to appear at court
883	proceedings does not provide an adequate ground for excusal of
884	the child's nonappearance at the hearings.
885	(j)  The child is detained on a judicial order for failure
886	to appear and has previously willfully failed to appear, after
887	proper notice, at two or more court hearings of any nature on
888	the same case regardless of the results of the risk assessment
889	instrument. A child may be held in secure detention for up to 72
890	hours in advance of the next scheduled court hearing pursuant to
891	this paragraph. The child's failure to keep the clerk of court
892	and defense counsel informed of a current and valid mailing
893	address where the child will receive notice to appear at court
894	proceedings does not provide an adequate ground for excusal of
895	the child's nonappearance at the hearings.
896
897	A child who meets any of these criteria and who is ordered to be
898	detained pursuant to this subsection shall be given a hearing
899	within 24 hours after being taken into custody. The purpose of
900	the detention hearing is to determine the existence of probable
901	cause that the child has committed the delinquent act or
902	violation of law with which he or she is charged and the need
903	for continued detention, except where the child is alleged to
904	have absconded from a nonresidential commitment program, in
905	which case the court, at the detention hearing, shall order that
906	the child be released from detention and returned to his or her
907	nonresidential commitment program. Unless a child is detained
908	under paragraph (d) or paragraph (e), the court shall use
909	utilize the results of the risk assessment performed by the
910	juvenile probation officer and, based on the criteria in this
911	subsection, shall determine the need for continued detention. A
912	child placed into secure, nonsecure, or home detention care may
913	continue to be so detained by the court pursuant to this
914	subsection. If the court orders a placement more restrictive
915	than indicated by the results of the risk assessment instrument,
916	the court shall state, in writing, clear and convincing reasons
917	for such placement. Except as provided in s. 790.22(8) or in
918	subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or
919	paragraph (10)(d), when a child is placed into secure or
920	nonsecure detention care, or into a respite home or other
921	placement pursuant to a court order following a hearing, the
922	court order must include specific instructions that direct the
923	release of the child from such placement no later than 5 p.m. on
924	the last day of the detention period specified in paragraph
925	(5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., whichever
926	is applicable, unless the requirements of such applicable
927	provision have been met or an order of continuance has been
928	granted pursuant to paragraph (5)(f).
929	(5)
930	(d)1.  Except as provided in paragraph (g), A child may not
931	be held in secure, nonsecure, or home detention care for more
932	than 15 days following the entry of an order of adjudication,
933	except as provided in paragraph (g) or when the court finds that
934	the child:.
935	a.  Has a history of failing to appear for court
936	proceedings;
937	b.  Is presently ungovernable as evidenced by his or her
938	recent behavior;
939	c.  Presents a risk of failing to appear for future
940	proceedings or of inflicting harm upon himself, herself, or
941	others or the property of others because of his or her
942	ungovernable behavior; or
943	d.  Has violated conditions imposed by the court in his or
944	her order of adjudication of delinquency.
945	2.  If the court makes a finding under subparagraph 1., the
946	court shall order the placement of the child in secure detention
947	or, at the discretion of the court and if available, on home
948	detention with electronic monitoring until the disposition order
949	is entered in the child's case.
950	(g)  Upon good cause being shown that the nature of the
951	charge requires additional time for the prosecution or defense
952	of the case, the court may extend the time limits for detention
953	specified in paragraph (c) or paragraph (d) an additional 9 days
954	if the child is charged with an offense that would be, if
955	committed by an adult, a capital felony, a life felony, a felony
956	of the first degree, or a felony of the second degree involving
957	violence against any individual.
958	(10)(a)1.  When a child is committed to the department of
959	Juvenile Justice awaiting dispositional placement, removal of
960	the child from detention care shall occur within 5 days,
961	excluding Saturdays, Sundays, and legal holidays. Any child held
962	in secure detention during the 5 days must meet detention
963	admission criteria pursuant to this section. If the child is
964	committed to a moderate-risk residential program, the department
965	may seek an order from the court authorizing continued detention
966	for a specific period of time necessary for the appropriate
967	residential placement of the child. However, such continued
968	detention in secure detention care may not exceed 15 days after
969	commitment, excluding Saturdays, Sundays, and legal holidays,
970	and except as otherwise provided in this subsection.
971	2.  The court must place all children who are adjudicated
972	and awaiting placement in a residential commitment program in
973	detention care. Children who are in home detention care or
974	nonsecure detention care may be placed on electronic monitoring.
975	(b)  A child who is placed in home detention care,
976	nonsecure detention care, or home or nonsecure detention care
977	with electronic monitoring, while awaiting placement in a
978	minimum-risk, low-risk, or moderate-risk program, may be held in
979	secure detention care for 5 days, if the child violates the
980	conditions of the home detention care, the nonsecure detention
981	care, or the electronic monitoring agreement. For any subsequent
982	violation, the court may impose an additional 5 days in secure
983	detention care.
984	(c)  If the child is committed to a high-risk residential
985	program, the child must be held in detention care until
986	placement or commitment is accomplished.
987	(d)  If the child is committed to a maximum-risk
988	residential program, the child must be held in detention care
989	until placement or commitment is accomplished.
990	(e)  Upon specific appropriation, the department may obtain
991	comprehensive evaluations, including, but not limited to,
992	medical, academic, psychological, behavioral, sociological, and
993	vocational needs of a youth with multiple arrests for all level
994	criminal acts or a youth committed to a minimum-risk or low-risk
995	commitment program.
996	(f)  Regardless of detention status, a child being
997	transported by the department to a residential commitment
998	facility of the department may be placed in secure detention
999	overnight, not to exceed a 24-hour period, for the specific
1000	purpose of ensuring the safe delivery of the child to his or her
1001	residential commitment program, court, appointment, transfer, or
1002	release.
1003	Section 8.  Paragraph (b) of subsection (2) of section
1004	985.2155, Florida Statutes, is amended to read:
1005	985.2155  Shared county and state responsibility for
1006	juvenile detention.--
1007	(2)  As used in this section, the term:
1008	(b)  "Fiscally constrained county" means a county
1009	designated as a rural area of critical economic concern under s.
1010	288.0656 for which the value of a mill in the county is no more
1011	than $4 $3 million, based on the property valuations and tax
1012	data annually published by the Department of Revenue under s.
1013	195.052.
1014	Section 9.  Subsection (5) of section 985.228, Florida
1015	Statutes, is amended to read:
1016	985.228  Adjudicatory hearings; withheld adjudications;
1017	orders of adjudication.--
1018	(5)  If the court finds that the child named in a petition
1019	has committed a delinquent act or violation of law, but elects
1020	not to proceed under subsection (4), it shall incorporate that
1021	finding in an order of adjudication of delinquency entered in
1022	the case, briefly stating the facts upon which the finding is
1023	made, and the court shall thereafter have full authority under
1024	this chapter to deal with the child as adjudicated. The order of
1025	adjudication of delinquency shall also include conditions that
1026	must be followed by the child until a disposition order is
1027	entered in his or her case. These conditions must include, but
1028	are not limited to, requirements that the child, during any
1029	period of time that he or she:
1030	(a)  Is not in secure detention, comply with a curfew;
1031	attend school or another educational program, if eligible; and
1032	obey the reasonable and lawful demands of his or her parents or
1033	legal guardians and, if applicable, all persons responsible for
1034	supervising him or her while he or she is in school or another
1035	educational program.
1036	(b)  Is in secure detention, obey the reasonable and lawful
1037	demands of all persons responsible for his or her supervision.
1038	Section 10.  Paragraphs (a) and (d) of subsection (1) and
1039	subsection (2) of section 985.231, Florida Statutes, are amended
1040	to read:
1041	985.231  Powers of disposition in delinquency cases.--
1042	(1)(a)  The court that has jurisdiction of an adjudicated
1043	delinquent child may, by an order stating the facts upon which a
1044	determination of a sanction and rehabilitative program was made
1045	at the disposition hearing:
1046	1.  Place the child in a probation program or a
1047	postcommitment probation program under the supervision of an
1048	authorized agent of the department of Juvenile Justice or of any
1049	other person or agency specifically authorized and appointed by
1050	the court, whether in the child's own home, in the home of a
1051	relative of the child, or in some other suitable place under
1052	such reasonable conditions as the court may direct. A probation
1053	program for an adjudicated delinquent child must include a
1054	penalty component such as restitution in money or in kind,
1055	community service, a curfew, revocation or suspension of the
1056	driver's license of the child, or other nonresidential
1057	punishment appropriate to the offense and must also include a
1058	rehabilitative program component such as a requirement of
1059	participation in substance abuse treatment or in school or other
1060	educational program. If the child is attending or is eligible to
1061	attend public school and the court finds that the victim or a
1062	sibling of the victim in the case is attending or may attend the
1063	same school as the child, the court placement order shall
1064	include a finding pursuant to the proceedings described in s.
1065	985.23(1)(d). Upon the recommendation of the department at the
1066	time of disposition, or subsequent to disposition pursuant to
1067	the filing of a petition alleging a violation of the child's
1068	conditions of postcommitment probation, the court may order the
1069	child to submit to random testing for the purpose of detecting
1070	and monitoring the use of alcohol or controlled substances.
1071	a.  A restrictiveness level classification scale for levels
1072	of supervision shall be provided by the department, taking into
1073	account the child's needs and risks relative to probation
1074	supervision requirements to reasonably ensure the public safety.
1075	Probation programs for children shall be supervised by the
1076	department or by any other person or agency specifically
1077	authorized by the court. These programs must include, but are
1078	not limited to, structured or restricted activities as described
1079	in this subparagraph, and shall be designed to encourage the
1080	child toward acceptable and functional social behavior. If
1081	supervision or a program of community service is ordered by the
1082	court, the duration of such supervision or program must be
1083	consistent with any treatment and rehabilitation needs
1084	identified for the child and may not exceed the term for which
1085	sentence could be imposed if the child were committed for the
1086	offense, except that the duration of such supervision or program
1087	for an offense that is a misdemeanor of the second degree, or is
1088	equivalent to a misdemeanor of the second degree, may be for a
1089	period not to exceed 6 months. When restitution is ordered by
1090	the court, the amount of restitution may not exceed an amount
1091	the child and the parent or guardian could reasonably be
1092	expected to pay or make. A child who participates in any work
1093	program under this part is considered an employee of the state
1094	for purposes of liability, unless otherwise provided by law.
1095	b.  The court may conduct judicial review hearings for a
1096	child placed on probation for the purpose of fostering
1097	accountability to the judge and compliance with other
1098	requirements, such as restitution and community service. The
1099	court may allow early termination of probation for a child who
1100	has substantially complied with the terms and conditions of
1101	probation.
1102	c.  If the conditions of the probation program or the
1103	postcommitment probation program are violated, the department or
1104	the state attorney may bring the child before the court on a
1105	petition alleging a violation of the program. Any child who
1106	violates the conditions of probation or postcommitment probation
1107	must be brought before the court if sanctions are sought. A
1108	child taken into custody under s. 985.207 for violating the
1109	conditions of probation or postcommitment probation shall be
1110	held in a consequence unit if such a unit is available. The
1111	child shall be afforded a hearing within 24 hours after being
1112	taken into custody to determine the existence of probable cause
1113	that the child violated the conditions of probation or
1114	postcommitment probation. A consequence unit is a secure
1115	facility specifically designated by the department for children
1116	who are taken into custody under s. 985.207 for violating
1117	probation or postcommitment probation, or who have been found by
1118	the court to have violated the conditions of probation or
1119	postcommitment probation. If the violation involves a new charge
1120	of delinquency, the child may be detained under s. 985.215 in a
1121	facility other than a consequence unit. If the child is not
1122	eligible for detention for the new charge of delinquency, the
1123	child may be held in the consequence unit pending a hearing and
1124	is subject to the time limitations specified in s. 985.215. If
1125	the child denies violating the conditions of probation or
1126	postcommitment probation, the court shall appoint counsel to
1127	represent the child at the child's request. Upon the child's
1128	admission, or if the court finds after a hearing that the child
1129	has violated the conditions of probation or postcommitment
1130	probation, the court shall enter an order revoking, modifying,
1131	or continuing probation or postcommitment probation. In each
1132	such case, the court shall enter a new disposition order and, in
1133	addition to the sanctions set forth in this paragraph, may
1134	impose any sanction the court could have imposed at the original
1135	disposition hearing. If the child is found to have violated the
1136	conditions of probation or postcommitment probation, the court
1137	may:
1138	(I)  Place the child in a consequence unit in that judicial
1139	circuit, if available, for up to 5 days for a first violation,
1140	and up to 15 days for a second or subsequent violation.
1141	(II)  Place the child on home detention with electronic
1142	monitoring. However, this sanction may be used only if a
1143	residential consequence unit is not available.
1144	(III)  Modify or continue the child's probation program or
1145	postcommitment probation program.
1146	(IV)  Revoke probation or postcommitment probation and
1147	commit the child to the department.
1148	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1149	as provided in s. 985.31, the term of any order placing a child
1150	in a probation program must be until the child's 19th birthday
1151	unless he or she is released by the court, on the motion of an
1152	interested party or on its own motion.
1153	2.  Commit the child to a licensed child-caring agency
1154	willing to receive the child, but the court may not commit the
1155	child to a jail or to a facility used primarily as a detention
1156	center or facility or shelter.
1157	3.  Commit the child to the department of Juvenile Justice
1158	at a restrictiveness residential commitment level defined in s.
1159	985.03. The court may specify a program or facility within the
1160	restrictiveness level to which the child has been ordered. For a
1161	child ordered committed to a specific high-risk residential or
1162	maximum-risk residential program or facility, the department may
1163	notify the dispositional judge of alternative placements of the
1164	same risk level, as space becomes available, that could be
1165	accomplished prior to entry of the child into the court-ordered
1166	program or facility. With respect to any court-specified
1167	placement, the court may not select a program or facility that
1168	is not under contract with the department. If the court finds
1169	that the planned vacancies at the program or facility specified
1170	by the court are insufficient to allow for the placement of the
1171	child within 45 days after the commitment order, the court must
1172	select a program or facility of the same restrictiveness level
1173	from at least three alternative placements provided by the
1174	department. Such commitment must be for the purpose of
1175	exercising active control over the child, including, but not
1176	limited to, custody, care, training, urine monitoring, and
1177	treatment of the child and release of the child from residential
1178	commitment into the community in a postcommitment nonresidential
1179	conditional release program. If the child is eligible to attend
1180	public school following residential commitment and the court
1181	finds that the victim or a sibling of the victim in the case is
1182	or may be attending the same school as the child, the commitment
1183	order shall include a finding pursuant to the proceedings
1184	described in s. 985.23(1)(d). If the child is not successful in
1185	the conditional release program, the department may use the
1186	transfer procedure under s. 985.404. Notwithstanding s. 743.07
1187	and paragraph (d), and except as provided in s. 985.31, the term
1188	of the commitment must be until the child is discharged by the
1189	department or until he or she reaches the age of 21.
1190	4.  Revoke or suspend the driver's license of the child.
1191	5.  Require the child and, if the court finds it
1192	appropriate, the child's parent or guardian together with the
1193	child, to render community service in a public service program.
1194	6.  As part of the probation program to be implemented by
1195	the department of Juvenile Justice, or, in the case of a
1196	committed child, as part of the community-based sanctions
1197	ordered by the court at the disposition hearing or before the
1198	child's release from commitment, order the child to make
1199	restitution in money, through a promissory note cosigned by the
1200	child's parent or guardian, or in kind for any damage or loss
1201	caused by the child's offense in a reasonable amount or manner
1202	to be determined by the court. The clerk of the circuit court
1203	shall be the receiving and dispensing agent. In such case, the
1204	court shall order the child or the child's parent or guardian to
1205	pay to the office of the clerk of the circuit court an amount
1206	not to exceed the actual cost incurred by the clerk as a result
1207	of receiving and dispensing restitution payments. The clerk
1208	shall notify the court if restitution is not made, and the court
1209	shall take any further action that is necessary against the
1210	child or the child's parent or guardian. A finding by the court,
1211	after a hearing, that the parent or guardian has made diligent
1212	and good faith efforts to prevent the child from engaging in
1213	delinquent acts absolves the parent or guardian of liability for
1214	restitution under this subparagraph.
1215	7.  Order the child and, if the court finds it appropriate,
1216	the child's parent or guardian together with the child, to
1217	participate in a community work project, either as an
1218	alternative to monetary restitution or as part of the
1219	rehabilitative or probation program.
1220	8.  Commit the child to the department of Juvenile Justice
1221	for placement in a program or facility for serious or habitual
1222	juvenile offenders in accordance with s. 985.31. Any commitment
1223	of a child to a program or facility for serious or habitual
1224	juvenile offenders must be for an indeterminate period of time,
1225	but the time may not exceed the maximum term of imprisonment
1226	that an adult may serve for the same offense. The court may
1227	retain jurisdiction over such child until the child reaches the
1228	age of 21, specifically for the purpose of the child completing
1229	the program.
1230	9.  In addition to the sanctions imposed on the child,
1231	order the parent or guardian of the child to perform community
1232	service if the court finds that the parent or guardian did not
1233	make a diligent and good faith effort to prevent the child from
1234	engaging in delinquent acts. The court may also order the parent
1235	or guardian to make restitution in money or in kind for any
1236	damage or loss caused by the child's offense. The court shall
1237	determine a reasonable amount or manner of restitution, and
1238	payment shall be made to the clerk of the circuit court as
1239	provided in subparagraph 6.
1240	10.  Subject to specific appropriation, commit the juvenile
1241	sexual offender to the department of Juvenile Justice for
1242	placement in a program or facility for juvenile sexual offenders
1243	in accordance with s. 985.308. Any commitment of a juvenile
1244	sexual offender to a program or facility for juvenile sexual
1245	offenders must be for an indeterminate period of time, but the
1246	time may not exceed the maximum term of imprisonment that an
1247	adult may serve for the same offense. The court may retain
1248	jurisdiction over a juvenile sexual offender until the juvenile
1249	sexual offender reaches the age of 21, specifically for the
1250	purpose of completing the program.
1251	(d)  Any commitment of a delinquent child to the department
1252	of Juvenile Justice must be for an indeterminate period of time,
1253	which may include periods of temporary release; however, but the
1254	period of time may not exceed the maximum term of imprisonment
1255	that an adult may serve for the same offense, except that the
1256	duration of a minimum-risk nonresidential commitment for an
1257	offense that is a misdemeanor of the second degree, or is
1258	equivalent to a misdemeanor of the second degree, may be for a
1259	period not to exceed 6 months. The duration of the child's
1260	placement in a residential commitment program of any
1261	restrictiveness level shall be based on objective performance-
1262	based treatment planning. The child's treatment plan progress
1263	and adjustment-related issues shall be reported to the court
1264	quarterly, unless the court requests monthly reports each month.
1265	The child's length of stay in a residential commitment program
1266	may be extended if the child fails to comply with or participate
1267	in treatment activities. The child's length of stay in the such
1268	program shall not be extended for purposes of sanction or
1269	punishment. Any temporary release from such program must be
1270	approved by the court. Any child so committed may be discharged
1271	from institutional confinement or a program upon the direction
1272	of the department with the concurrence of the court. The child's
1273	treatment plan progress and adjustment-related issues must be
1274	communicated to the court at the time the department requests
1275	the court to consider releasing the child from the residential
1276	commitment program. Notwithstanding s. 743.07 and this
1277	subsection, and except as provided in ss. 985.201 and 985.31, a
1278	child may not be held under a commitment from a court under
1279	pursuant to this section after becoming 21 years of age. The
1280	department shall give the court that committed the child to the
1281	department reasonable notice, in writing, of its desire to
1282	discharge the child from a commitment facility. The court that
1283	committed the child may thereafter accept or reject the request.
1284	If the court does not respond within 10 days after receipt of
1285	the notice, the request of the department shall be deemed
1286	granted. This section does not limit the department's authority
1287	to revoke a child's temporary release status and return the
1288	child to a commitment facility for any violation of the terms
1289	and conditions of the temporary release.
1290	(2)  Following a delinquency adjudicatory hearing pursuant
1291	to s. 985.228 and a delinquency disposition hearing pursuant to
1292	s. 985.23 which results in a commitment determination, the court
1293	shall, on its own or upon request by the state or the
1294	department, determine whether the protection of the public
1295	requires that the child be placed in a program for serious or
1296	habitual juvenile offenders and whether the particular needs of
1297	the child would be best served by a program for serious or
1298	habitual juvenile offenders as provided in s. 985.31. The
1299	determination shall be made pursuant to ss. 985.03(49)(48) and
1300	985.23(3).
1301	Section 11.  Paragraph (a) of subsection (1) of section
1302	985.2311, Florida Statutes, is amended to read:
1303	985.2311  Cost of supervision; cost of care.--
1304	(1)  Except as provided in subsection (3) or subsection
1305	(4):
1306	(a)  When any child is placed into home detention,
1307	probation, or other supervision status with the department of
1308	Juvenile Justice, or is committed to the minimum-risk
1309	nonresidential restrictiveness level, the court shall order the
1310	parent of such child to pay to the department a fee for the cost
1311	of the supervision of such child in the amount of $1 per day for
1312	each day that the child is in such supervision status.
1313	Section 12.  Section 985.313, Florida Statutes, is amended
1314	to read:
1315	985.313  Juvenile correctional facilities or juvenile
1316	prison.--A juvenile correctional facility or juvenile prison is
1317	a physically secure residential commitment program with a
1318	designated length of stay from 18 months to 36 months, primarily
1319	serving children 13 years of age to 19 years of age, or until
1320	the jurisdiction of the court expires. The court may retain
1321	jurisdiction over the child until the child reaches the age of
1322	21, specifically for the purpose of the child completing the
1323	program. Each child committed to this level must meet one of the
1324	following criteria:
1325	(1)  The youth is at least 13 years of age at the time of
1326	the disposition for the current offense and has been adjudicated
1327	on the current offense for:
1328	(a)  Arson;
1329	(b)  Sexual battery;
1330	(c)  Robbery;
1331	(d)  Kidnapping;
1332	(e)  Aggravated child abuse;
1333	(f)  Aggravated assault;
1334	(g)  Aggravated stalking;
1335	(h)  Murder;
1336	(i)  Manslaughter;
1337	(j)  Unlawful throwing, placing, or discharging of a
1338	destructive device or bomb;
1339	(k)  Armed burglary;
1340	(l)  Aggravated battery;
1341	(m)  Carjacking;
1342	(n)  Home-invasion robbery;
1343	(o)  Burglary with an assault or battery;
1344	(p)  Any lewd or lascivious offense committed upon or in
1345	the presence of a person less than 16 years of age; or
1346	(q)  Carrying, displaying, using, threatening to use, or
1347	attempting to use a weapon or firearm during the commission of a
1348	felony.
1349	(2)  The youth is at least 13 years of age at the time of
1350	the disposition, the current offense is a felony, and the child
1351	has previously been committed three or more times to a
1352	delinquency commitment program.
1353	(3)  The youth is at least 13 years of age and is currently
1354	committed for a felony offense and transferred from a moderate-
1355	risk or high-risk residential commitment placement.
1356	(4)  The youth is at least 13 years of age at the time of
1357	the disposition for the current offense, the youth is eligible
1358	for prosecution as an adult for the current offense, and the
1359	current offense is ranked at level 7 or higher on the Criminal
1360	Punishment Code offense severity ranking chart pursuant to s.
1361	921.0022.
1362	Section 13.  Subsection (3) of section 985.316, Florida
1363	Statutes, is amended to read:
1364	985.316  Conditional release.--
1365	(3)  For juveniles referred or committed to the department,
1366	the function of the department may include, but shall not be
1367	limited to, assessing each committed juvenile placed in a
1368	residential commitment program to determine the need for
1369	conditional release services upon release from the a commitment
1370	program, supervising the juvenile when released into the
1371	community from a residential commitment facility of the
1372	department, providing such counseling and other services as may
1373	be necessary for the families and assisting their preparations
1374	for the return of the child. Subject to specific appropriation,
1375	the department shall provide for outpatient sexual offender
1376	counseling for any juvenile sexual offender released from a
1377	residential commitment program as a component of conditional
1378	release.
1379	Section 14.  Section 985.403, Florida Statutes, is
1380	repealed.
1381	Section 15.  Task Force on Juvenile Sexual Offenders and
1382	their Victims.--
1383	(1)  On or before August 1, 2005, there shall be created a
1384	task force to review and evaluate the state's laws that define
1385	and address juvenile sex offenders and the Department of
1386	Juvenile Justice's practices and procedures for serving these
1387	offenders and their victims. The task force shall make findings
1388	that include, but are not limited to: identification of statutes
1389	that address juvenile sexual offenders; a profile of the acts
1390	committed by each juvenile placed in juvenile sexual offender
1391	programming in this state between July 2000 and June 2005 and an
1392	assessment of the appropriateness of those placements based upon
1393	the acts committed; identification of community-based and
1394	residential commitment programming available for juvenile sexual
1395	offenders and an assessment of such programming's effectiveness;
1396	and identification of qualifications required for staff who
1397	serve juvenile sexual offenders. Based on its findings, the task
1398	force shall make recommendations for the improvement of the
1399	state's laws, policies, programs, and funding for juvenile
1400	sexual offenders, and such recommendations shall specifically
1401	include, but are not limited to, identification of criteria that
1402	should be satisfied prior to placement of a juvenile in juvenile
1403	sexual offender programming.
1404	(2)  The Governor shall appoint up to 12 members to the
1405	task force. The task force shall be composed of representatives
1406	who shall include, but are not limited to: a circuit court judge
1407	with at least 1 year's experience in the juvenile division, a
1408	state attorney with at least 1 year's experience in the juvenile
1409	division, a public defender with at least 1 year's experience in
1410	the juvenile division, one representative of the Department of
1411	Juvenile Justice, two representatives of providers of juvenile
1412	sexual offender services, one member of the Florida Juvenile
1413	Justice Association, one member of the Florida Association for
1414	the Treatment of Sexual Abusers, and one victim of a juvenile
1415	sexual offense.
1416	(3)  The task force shall submit a written report of its
1417	findings and recommendations to the Governor, the President of
1418	the Senate, and the Speaker of the House of Representatives by
1419	December 1, 2005.
1420	(4)  Administrative support for the task force shall be
1421	provided by the Department of Juvenile Justice. Members of the
1422	task force shall receive no salary and are not entitled to
1423	reimbursement for travel and per diem expenses.
1424	(5)  The task force shall be dissolved upon submission of
1425	its report.
1426	Section 16.  Task force to study certification for juvenile
1427	justice provider staff.--
1428	(1)  On or before August 1, 2005, there shall be created a
1429	task force to study the feasibility of establishing a
1430	certification process for staff employed by a provider under
1431	contract with the Department of Juvenile Justice to provide
1432	juvenile justice services to youth.
1433	(2)  The Governor shall appoint up to 12 members to the
1434	task force. The task force shall be composed of representatives
1435	who shall include, but are not limited to, the following: two
1436	representatives of the Department of Juvenile Justice, two
1437	representatives of providers of juvenile justice services, two
1438	members of the Florida Juvenile Justice Association, two
1439	provider employees who provide direct care services, and two
1440	representatives of the Florida Certification Board.
1441	(3)  The task force shall consider the feasibility of
1442	implementing and operating a certification system for staff who
1443	work in juvenile justice facilities, services, or programs. At a
1444	minimum, the task force shall consider and make recommendations
1445	concerning: per diem levels, the occupational levels of staff
1446	subject to certification, the criteria that may be used to
1447	certify staff, the levels of certification, and a process for
1448	testing and validating the effectiveness of any recommended
1449	staff certification system. In making its recommendations, the
1450	task force shall make findings regarding the benefits of a staff
1451	certification system for the state's juvenile justice
1452	programming and the cost to implement such a system.
1453	(4)  The task force shall submit a written report of its
1454	findings and recommendations to the Governor, the President of
1455	the Senate, and the Speaker of the House of Representatives by
1456	January 1, 2006.
1457	(5)  Administrative support for the task force shall be
1458	provided by the Department of Juvenile Justice. Members of the
1459	task force shall receive no salary and are not entitled to
1460	reimbursement for travel and per diem expenses.
1461	(6)  The task force shall be dissolved upon submission of
1462	its report.
1463	Section 17.  Subsection (4) of section 985.404, Florida
1464	Statutes, is amended to read:
1465	985.404  Administering the juvenile justice continuum.--
1466	(4)  The department may transfer a child, when necessary to
1467	appropriately administer the child's commitment, from one
1468	facility or program to another facility or program operated,
1469	contracted, subcontracted, or designated by the department,
1470	including a postcommitment nonresidential conditional release
1471	program. The department shall notify the court that committed
1472	the child to the department and any attorney of record, in
1473	writing, of its intent to transfer the child from a commitment
1474	facility or program to another facility or program of a higher
1475	or lower restrictiveness level or to another facility or program
1476	that is different from a facility or program specified by the
1477	court under s. 985.231(1)(a)3. After receipt of the notice, the
1478	court that committed the child may agree to the transfer or may
1479	set a hearing to review the transfer, after which the court
1480	shall issue a written order granting or denying the transfer or
1481	may, without setting a hearing, issue a written order granting
1482	or denying the transfer. No child shall be transferred by the
1483	department to a higher or lower restrictiveness level or to a
1484	facility or program different from that specified by the court
1485	under s. 985.231(1)(a)3. prior to the department receiving a
1486	written court order granting the transfer. If the court does not
1487	respond within 10 days after receipt of the notice, the transfer
1488	of the child shall be deemed granted.
1489	Section 18.  Subsections (2) and (10) of section 985.4135,
1490	Florida Statutes, are amended to read:
1491	985.4135  Juvenile justice circuit boards and juvenile
1492	justice county councils.--
1493	(2)  Each juvenile justice county council shall:
1494	(a)  Develop a juvenile justice prevention and early
1495	intervention plan for the county and shall collaborate with the
1496	circuit board and other county councils assigned to that circuit
1497	in the development of a comprehensive plan for the circuit.
1498	(b)  Develop, with the cooperation of county commissioners,
1499	school board officials, representatives of governing bodies for
1500	local municipalities, and representatives of local law
1501	enforcement agencies, criteria to be considered by law
1502	enforcement officers prior to referring youth to juvenile
1503	assessment centers.
1504	(10)  Membership of the juvenile justice county councils,
1505	or juvenile justice circuit boards established under subsection
1506	(9), may must include representatives from the following
1507	entities:
1508	(a)  Representatives from the school district, which may
1509	include elected school board officials, the school
1510	superintendent, school or district administrators, teachers, and
1511	counselors.
1512	(b)  Representatives of the board of county commissioners.
1513	(c)  Representatives of the governing bodies of local
1514	municipalities within the county.
1515	(d)  A representative of the corresponding circuit or
1516	regional entity of the Department of Children and Family
1517	Services.
1518	(e)  Representatives of local law enforcement agencies,
1519	including the sheriff or the sheriff's designee.
1520	(f)  Representatives of the judicial system.
1521	(g)  Representatives of the business community.
1522	(h)  Representatives of other interested officials, groups,
1523	or entities, including, but not limited to, a children's
1524	services council, public or private providers of juvenile
1525	justice programs and services, students, parents, and advocates.
1526	Private providers of juvenile justice programs may not exceed
1527	one-third of the voting membership.
1528	(i)  Representatives of the faith community.
1529	(j)  Representatives of victim-service programs and victims
1530	of crimes.
1531	(k)  Representatives of the Department of Corrections.
1532	Section 19.  Section 784.075, Florida Statutes, is amended
1533	to read:
1534	784.075  Battery on detention or commitment facility staff
1535	or a juvenile probation officer.--A person who commits a battery
1536	on a juvenile probation officer, as defined in s. 984.03 or s.
1537	985.03, on other staff of a detention center or facility as
1538	defined in s. 984.03(19) or s. 985.03(20)(19), or on a staff
1539	member of a commitment facility as defined in s. 985.03(46)(45),
1540	commits a felony of the third degree, punishable as provided in
1541	s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1542	section, a staff member of the facilities listed includes
1543	persons employed by the Department of Juvenile Justice, persons
1544	employed at facilities licensed by the Department of Juvenile
1545	Justice, and persons employed at facilities operated under a
1546	contract with the Department of Juvenile Justice.
1547	Section 20.  Section 984.05, Florida Statutes, is amended
1548	to read:
1549	984.05  Rules relating to habitual truants; adoption by
1550	State Board of Education and Department of Juvenile
1551	Justice.--The Department of Juvenile Justice and the State Board
1552	of Education shall work together on the development of, and
1553	shall adopt, rules as necessary for the implementation of ss.
1554	984.03(27), 985.03(26)(25), and 1003.27.
1555	Section 21.  Paragraph (e) of subsection (3) and paragraph
1556	(a) of subsection (4) of section 985.31, Florida Statutes, are
1557	amended, and for the purpose of incorporating the amendment to
1558	section 985.231, Florida Statutes, in references thereto,
1559	paragraph (k) of subsection (3) of said section is reenacted to
1560	read:
1561	985.31  Serious or habitual juvenile offender.--
1562	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1563	TREATMENT.--
1564	(e)  After a child has been adjudicated delinquent pursuant
1565	to s. 985.228, the court shall determine whether the child meets
1566	the criteria for a serious or habitual juvenile offender
1567	pursuant to s. 985.03(49)(48). If the court determines that the
1568	child does not meet such criteria, the provisions of s.
1569	985.231(1) shall apply.
1570	(k)  Any commitment of a child to the department for
1571	placement in a serious or habitual juvenile offender program or
1572	facility shall be for an indeterminate period of time, but the
1573	time shall not exceed the maximum term of imprisonment which an
1574	adult may serve for the same offense. Notwithstanding the
1575	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1576	habitual juvenile offender shall not be held under commitment
1577	from a court pursuant to this section, s. 985.231, or s. 985.233
1578	after becoming 21 years of age. This provision shall apply only
1579	for the purpose of completing the serious or habitual juvenile
1580	offender program pursuant to this chapter and shall be used
1581	solely for the purpose of treatment.
1582	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1583	(a)  Pursuant to the provisions of this section, the
1584	department shall implement the comprehensive assessment
1585	instrument for the treatment needs of serious or habitual
1586	juvenile offenders and for the assessment, which assessment
1587	shall include the criteria under s. 985.03(49)(48) and shall
1588	also include, but not be limited to, evaluation of the child's:
1589	1.  Amenability to treatment.
1590	2.  Proclivity toward violence.
1591	3.  Tendency toward gang involvement.
1592	4.  Substance abuse or addiction and the level thereof.
1593	5.  History of being a victim of child abuse or sexual
1594	abuse, or indication of sexual behavior dysfunction.
1595	6.  Number and type of previous adjudications, findings of
1596	guilt, and convictions.
1597	7.  Potential for rehabilitation.
1598	Section 22.  Subsection (2) of section 985.3141, Florida
1599	Statutes, is amended to read:
1600	985.3141  Escapes from secure detention or residential
1601	commitment facility.--An escape from:
1602	(2)  Any residential commitment facility described in s.
1603	985.03(46)(45), maintained for the custody, treatment,
1604	punishment, or rehabilitation of children found to have
1605	committed delinquent acts or violations of law; or
1606
1607	constitutes escape within the intent and meaning of s. 944.40
1608	and is a felony of the third degree, punishable as provided in
1609	s. 775.082, s. 775.083, or s. 775.084.
1610	Section 23.  For the purpose of incorporating the amendment
1611	to section 985.231, Florida Statutes, in a reference thereto,
1612	paragraph (a) of subsection (4) of section 985.201, Florida
1613	Statutes, is reenacted to read:
1614	985.201  Jurisdiction.--
1615	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1616	985.231, and except as provided in ss. 985.31 and 985.313, when
1617	the jurisdiction of any child who is alleged to have committed a
1618	delinquent act or violation of law is obtained, the court shall
1619	retain jurisdiction, unless relinquished by its order, until the
1620	child reaches 19 years of age, with the same power over the
1621	child that the court had prior to the child becoming an adult.
1622	Section 24.  For the purpose of incorporating the amendment
1623	to section 985.231, Florida Statutes, in a reference thereto,
1624	paragraph (b) of subsection (4) of section 985.233, Florida
1625	Statutes, is reenacted to read:
1626	985.233  Sentencing powers; procedures; alternatives for
1627	juveniles prosecuted as adults.--
1628	(4)  SENTENCING ALTERNATIVES.--
1629	(b)  Sentencing to juvenile sanctions.--For juveniles
1630	transferred to adult court but who do not qualify for such
1631	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1632	(b), the court may impose juvenile sanctions under this
1633	paragraph. If juvenile sentences are imposed, the court shall,
1634	pursuant to this paragraph, adjudge the child to have committed
1635	a delinquent act. Adjudication of delinquency shall not be
1636	deemed a conviction, nor shall it operate to impose any of the
1637	civil disabilities ordinarily resulting from a conviction. The
1638	court shall impose an adult sanction or a juvenile sanction and
1639	may not sentence the child to a combination of adult and
1640	juvenile punishments. An adult sanction or a juvenile sanction
1641	may include enforcement of an order of restitution or probation
1642	previously ordered in any juvenile proceeding. However, if the
1643	court imposes a juvenile sanction and the department determines
1644	that the sanction is unsuitable for the child, the department
1645	shall return custody of the child to the sentencing court for
1646	further proceedings, including the imposition of adult
1647	sanctions. Upon adjudicating a child delinquent under subsection
1648	(1), the court may:
1649	1.  Place the child in a probation program under the
1650	supervision of the department for an indeterminate period of
1651	time until the child reaches the age of 19 years or sooner if
1652	discharged by order of the court.
1653	2.  Commit the child to the department for treatment in an
1654	appropriate program for children for an indeterminate period of
1655	time until the child is 21 or sooner if discharged by the
1656	department. The department shall notify the court of its intent
1657	to discharge no later than 14 days prior to discharge. Failure
1658	of the court to timely respond to the department's notice shall
1659	be considered approval for discharge.
1660	3.  Order disposition pursuant to s. 985.231 as an
1661	alternative to youthful offender or adult sentencing if the
1662	court determines not to impose youthful offender or adult
1663	sanctions.
1664
1665	It is the intent of the Legislature that the criteria and
1666	guidelines in this subsection are mandatory and that a
1667	determination of disposition under this subsection is subject to
1668	the right of the child to appellate review under s. 985.234.
1669	Section 25.  For the purpose of incorporating the amendment
1670	to section 985.231, Florida Statutes, in a reference thereto,
1671	paragraph (e) of subsection (3) of section 985.311, Florida
1672	Statutes, is reenacted to read:
1673	985.311  Intensive residential treatment program for
1674	offenders less than 13 years of age.--
1675	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1676	TREATMENT.--
1677	(e)  After a child has been adjudicated delinquent pursuant
1678	to s. 985.228(5), the court shall determine whether the child is
1679	eligible for an intensive residential treatment program for
1680	offenders less than 13 years of age pursuant to s. 985.03(7). If
1681	the court determines that the child does not meet the criteria,
1682	the provisions of s. 985.231(1) shall apply.
1683	Section 26.  This act shall take effect July 1, 2005.

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