HB 1917

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 943.0515,
3	F.S.; deleting the term "juvenile prison"; amending s.
4	985.03, F.S.; revising definitions relating to juvenile
5	justice; creating a definition for the term "day
6	treatment"; creating the minimum-risk nonresidential
7	restrictiveness level; providing that temporary release
8	may be granted under specified conditions to youth
9	committed to the high-risk residential restrictiveness
10	level; providing that high-risk residential facilities may
11	be environmentally secure; removing juvenile prisons from
12	the maximum-risk residential level; amending s. 985.201,
13	F.S.; conforming to definition changes; amending s.
14	985.207, F.S.; providing that a child may be taken into
15	custody for absconding from a nonresidential commitment
16	facility; providing for a child to be taken into custody
17	for specified court findings; amending s. 985.208, F.S.;
18	providing that a child may be taken into custody for
19	absconding from a nonresidential commitment facility;
20	amending s. 985.213, F.S.; providing that permissible
21	detention findings include specified criteria for taking a
22	child into custody; amending s. 985.215, F.S.; providing
23	for release from detention for a child who has absconded;
24	providing exceptions that permit a child to be placed in
25	detention postadjudication for more than 15 days;
26	providing procedures for exceptions; conforming a cross
27	reference; providing for detention for committed children
28	awaiting placement; providing secure detention for
29	children awaiting minimum-risk placement who violate home
30	or nonsecure detention or electronic monitoring; providing
31	for limited secure detention for children being
32	transported to residential commitment programs; amending
33	s. 985.2155, F.S.; revising the definition of a fiscally
34	constrained county; amending s. 985.228, F.S.; requiring
35	the court to include specified conditions in an order of
36	adjudication of delinquency that are applicable to a youth
37	for the postadjudication and predisposition period;
38	amending s. 985.231, F.S.; revising provisions relating to
39	powers of disposition; permitting a court to specify the
40	program or facility a youth shall be placed in when
41	committed; providing procedures for a court's specific
42	placement; providing for commitment of a child to a
43	specific high-risk residential or maximum-risk residential
44	program or facility; providing the maximum length for a
45	minimum-risk nonresidential commitment for a second degree
46	misdemeanor; providing that the department or a provider
47	report quarterly to the court the child's treatment plan
48	progress; making conforming changes; amending s. 985.2311,
49	F.S.; providing that parents shall pay fees for costs of
50	supervision related to minimum-risk nonresidential
51	commitment; amending s. 985.313, F.S.; conforming to
52	definitions changes; amending s. 985.316, F.S.; providing
53	for assessment of residentially committed youth for
54	conditional release services; repealing s. 985.403, F.S.,
55	relating to the Task Force on Juvenile Sexual Offenders
56	and their Victims; creating a new task force on juvenile
57	sexual offenders and their victims; providing powers and
58	duties; providing membership; requiring a report;
59	providing for administrative support; providing for
60	dissolution of the task force; creating a task force to
61	study the certification of professional staff working for
62	a provider of juvenile justice services; providing
63	membership; requiring the task force to consider the
64	feasibility of implementing and operating a certification
65	system for professional staff; requiring the task force to
66	consider specified issues; directing the task force to
67	recommend a process for testing and validating the
68	effectiveness of the recommended staff development system;
69	requiring the task force to prepare and submit a report of
70	its deliberations and recommendations by a specified date;
71	providing for administrative support; providing for
72	dissolution of the task force; amending s. 985.404, F.S.;
73	requiring the court to issue written orders granting or
74	denying specified department?requested transfers for
75	committed youth; permitting the court to conduct a
76	hearing; prohibiting specified department-requested
77	transfers prior to department receipt of a written court
78	order granting the transfer; amending s. 985.4135, F.S.;
79	requiring juvenile justice county councils to develop
80	criteria for law enforcement referrals to juvenile
81	assessment centers; providing for permissible
82	representation on juvenile justice county councils or
83	circuit boards; amending ss. 784.075, 984.05, 985.31, and
84	985.3141, F.S.; conforming cross references; reenacting
85	ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k), and
86	985.311(3)(e), F.S., relating to jurisdiction, sentencing
87	alternatives, commitment of serious or habitual juvenile
88	offenders, and eligibility for an intensive residential
89	treatment program for offenders less than 13 years of age,
90	respectively, to incorporate the amendment to s. 985.231,
91	F.S., in reference thereto; amending s. 985.407, F.S.;
92	changing the level of background screening required for
93	certain department and provider employees from level 1 to
94	level 2; requiring federal criminal records checks every 5
95	years for certain department and provider employees;
96	providing for electronic submission of specified
97	fingerprint information; providing for retention of
98	specified fingerprint information; providing for searches;
99	requiring the adoption of rules; providing for an annual
100	fee; providing for notice of changes in the employment
101	status of persons whose fingerprint information is
102	retained; requiring the removal of fingerprint information
103	upon the occurrence of specified events; providing an
104	effective date.
105	Be It Enacted by the Legislature of the State of Florida:
106
107	Section 1.  Subsection (1) of section 943.0515, Florida
108	Statutes, is amended to read:
109	943.0515  Retention of criminal history records of
110	minors.--
111	(1)(a)  The Criminal Justice Information Program shall
112	retain the criminal history record of a minor who is classified
113	as a serious or habitual juvenile offender or committed to a
114	juvenile correctional facility or juvenile prison under chapter
115	985 for 5 years after the date the offender reaches 21 years of
116	age, at which time the record shall be expunged unless it meets
117	the criteria of paragraph (2)(a) or paragraph (2)(b).
118	(b)  If the minor is not classified as a serious or
119	habitual juvenile offender or committed to a juvenile
120	correctional facility or juvenile prison under chapter 985, the
121	program shall retain the minor's criminal history record for 5
122	years after the date the minor reaches 19 years of age, at which
123	time the record shall be expunged unless it meets the criteria
124	of paragraph (2)(a) or paragraph (2)(b).
125	Section 2.  Section 985.03, Florida Statutes, is amended to
126	read:
127	985.03  Definitions. --As When used in this chapter, the
128	term:
129	(1)  "Addictions receiving facility" means a substance
130	abuse service provider as defined in chapter 397.
131	(2)  "Adjudicatory hearing" means a hearing for the court
132	to determine whether or not the facts support the allegations
133	stated in the petition, as is provided for under s. 985.228 in
134	delinquency cases.
135	(3)  "Adult" means any natural person other than a child.
136	(4)  "Arbitration" means a process whereby a neutral third
137	person or panel, called an arbitrator or an arbitration panel,
138	considers the facts and arguments presented by the parties and
139	renders a decision which may be binding or nonbinding.
140	(5)  "Authorized agent" or "designee" of the department
141	means a person or agency assigned or designated by the
142	department of Juvenile Justice or the Department of Children and
143	Family Services, as appropriate, to perform duties or exercise
144	powers under pursuant to this chapter and includes contract
145	providers and their employees for purposes of providing services
146	to and managing cases of children in need of services and
147	families in need of services.
148	(6)  "Child" or "juvenile" or "youth" means any unmarried
149	person under the age of 18 who has not been emancipated by order
150	of the court and who has been found or alleged to be dependent,
151	in need of services, or from a family in need of services; or
152	any married or unmarried person who is charged with a violation
153	of law occurring prior to the time that person reached the age
154	of 18 years.
155	(7)  "Child eligible for an intensive residential treatment
156	program for offenders less than 13 years of age" means a child
157	who has been found to have committed a delinquent act or a
158	violation of law in the case currently before the court and who
159	meets at least one of the following criteria:
160	(a)  The child is less than 13 years of age at the time of
161	the disposition for the current offense and has been adjudicated
162	on the current offense for:
163	1.  Arson;
164	2.  Sexual battery;
165	3.  Robbery;
166	4.  Kidnapping;
167	5.  Aggravated child abuse;
168	6.  Aggravated assault;
169	7.  Aggravated stalking;
170	8.  Murder;
171	9.  Manslaughter;
172	10.  Unlawful throwing, placing, or discharging of a
173	destructive device or bomb;
174	11.  Armed burglary;
175	12.  Aggravated battery;
176	13.  Any lewd or lascivious offense committed upon or in
177	the presence of a person less than 16 years of age; or
178	14.  Carrying, displaying, using, threatening, or
179	attempting to use a weapon or firearm during the commission of a
180	felony.
181	(b)  The child is less than 13 years of age at the time of
182	the disposition, the current offense is a felony, and the child
183	has previously been committed at least once to a delinquency
184	commitment program.
185	(c)  The child is less than 13 years of age and is
186	currently committed for a felony offense and transferred from a
187	moderate-risk or high-risk residential commitment placement.
188	(8)  "Child in need of services" means a child for whom
189	there is no pending investigation into an allegation or
190	suspicion of abuse, neglect, or abandonment; no pending referral
191	alleging the child is delinquent; or no current supervision by
192	the department of Juvenile Justice or the Department of Children
193	and Family Services for an adjudication of dependency or
194	delinquency. The child must also, under pursuant to this
195	chapter, be found by the court:
196	(a)  To have persistently run away from the child's parents
197	or legal custodians despite reasonable efforts of the child, the
198	parents or legal custodians, and appropriate agencies to remedy
199	the conditions contributing to the behavior. Reasonable efforts
200	shall include voluntary participation by the child's parents or
201	legal custodians and the child in family mediation, services,
202	and treatment offered by the department of Juvenile Justice or
203	the Department of Children and Family Services;
204	(b)  To be habitually truant from school, while subject to
205	compulsory school attendance, despite reasonable efforts to
206	remedy the situation under pursuant to ss. 1003.26 and 1003.27
207	and through voluntary participation by the child's parents or
208	legal custodians and by the child in family mediation, services,
209	and treatment offered by the department of Juvenile Justice or
210	the Department of Children and Family Services; or
211	(c)  To have persistently disobeyed the reasonable and
212	lawful demands of the child's parents or legal custodians, and
213	to be beyond their control despite efforts by the child's
214	parents or legal custodians and appropriate agencies to remedy
215	the conditions contributing to the behavior. Reasonable efforts
216	may include such things as good faith participation in family or
217	individual counseling.
218	(9)  "Child who has been found to have committed a
219	delinquent act" means a child who, under pursuant to the
220	provisions of this chapter, is found by a court to have
221	committed a violation of law or to be in direct or indirect
222	contempt of court, except that this definition shall not include
223	an act constituting contempt of court arising out of a
224	dependency proceeding or a proceeding under pursuant to part III
225	of this chapter.
226	(10)  "Child support" means a court-ordered obligation,
227	enforced under chapter 61 and ss. 409.2551-409.2597, for
228	monetary support for the care, maintenance, training, and
229	education of a child.
230	(11)  "Circuit" means any of the 20 judicial circuits as
231	set forth in s. 26.021.
232	(12)  "Comprehensive assessment" or "assessment" means the
233	gathering of information for the evaluation of a juvenile
234	offender's or a child's physical, psychological, educational,
235	vocational, and social condition and family environment as they
236	relate to the child's need for rehabilitative and treatment
237	services, including substance abuse treatment services, mental
238	health services, developmental services, literacy services,
239	medical services, family services, and other specialized
240	services, as appropriate.
241	(13)  "Conditional release" means the care, treatment,
242	help, and supervision provided to a juvenile released from a
243	residential commitment program which is intended to promote
244	rehabilitation and prevent recidivism. The purpose of
245	conditional release is to protect the public, reduce recidivism,
246	increase responsible productive behavior, and provide for a
247	successful transition of the youth from the department to the
248	family. Conditional release includes, but is not limited to,
249	nonresidential community-based programs.
250	(14)  "Court," unless otherwise expressly stated, means the
251	circuit court assigned to exercise jurisdiction under this
252	chapter.
253	(15)  "Day treatment" means a nonresidential, community-
254	based program designed to provide therapeutic intervention to
255	youth who are placed on probation or conditional release or are
256	committed to the minimum-risk nonresidential level. A day
257	treatment program may provide educational and vocational
258	services and shall provide case management services; individual,
259	group, and family counseling; training designed to address
260	delinquency risk factors; and monitoring of a youth's compliance
261	with, and facilitation of a youth's completion of, sanctions if
262	ordered by the court. Program types may include, but are not
263	limited to, career programs, marine programs, juvenile justice
264	alternative schools, training and rehabilitation programs, and
265	gender-specific programs.
266	(16)(15)(a)  "Delinquency program" means any intake,
267	probation, or similar program; regional detention center or
268	facility; or community-based program, whether owned and operated
269	by or contracted by the department of Juvenile Justice, or
270	institution owned and operated by or contracted by the
271	department of Juvenile Justice, which provides intake,
272	supervision, or custody and care of children who are alleged to
273	be or who have been found to be delinquent under pursuant to
274	part II.
275	(b)  "Delinquency program staff" means supervisory and
276	direct care staff of a delinquency program as well as support
277	staff who have direct contact with children in a delinquency
278	program.
279	(c)  "Delinquency prevention programs" means programs
280	designed for the purpose of reducing the occurrence of
281	delinquency, including youth and street gang activity, and
282	juvenile arrests. The term excludes arbitration, diversionary or
283	mediation programs, and community service work or other
284	treatment available subsequent to a child committing a
285	delinquent act.
286	(17)(16)  "Department" means the Department of Juvenile
287	Justice.
288	(18)(17)  "Designated facility" or "designated treatment
289	facility" means any facility designated by the department of
290	Juvenile Justice to provide treatment to juvenile offenders.
291	(19)(18)  "Detention care" means the temporary care of a
292	child in secure, nonsecure, or home detention, pending a court
293	adjudication or disposition or execution of a court order. There
294	are three types of detention care, as follows:
295	(a)  "Secure detention" means temporary custody of the
296	child while the child is under the physical restriction of a
297	detention center or facility pending adjudication, disposition,
298	or placement.
299	(b)  "Nonsecure detention" means temporary custody of the
300	child while the child is in a residential home in the community
301	in a physically nonrestrictive environment under the supervision
302	of the department of Juvenile Justice pending adjudication,
303	disposition, or placement.
304	(c)  "Home detention" means temporary custody of the child
305	while the child is released to the custody of the parent,
306	guardian, or custodian in a physically nonrestrictive
307	environment under the supervision of the department's Department
308	of Juvenile Justice staff pending adjudication, disposition, or
309	placement.
310	(20)(19)  "Detention center or facility" means a facility
311	used pending court adjudication or disposition or execution of
312	court order for the temporary care of a child alleged or found
313	to have committed a violation of law. A detention center or
314	facility may provide secure or nonsecure custody. A facility
315	used for the commitment of adjudicated delinquents shall not be
316	considered a detention center or facility.
317	(21)(20)  "Detention hearing" means a hearing for the court
318	to determine if a child should be placed in temporary custody,
319	as provided for under ss. 985.213 and 985.215 in delinquency
320	cases.
321	(22)(21)  "Disposition hearing" means a hearing in which
322	the court determines the most appropriate dispositional services
323	in the least restrictive available setting provided for under s.
324	985.231, in delinquency cases.
325	(23)(22)  "Family" means a collective of persons,
326	consisting of a child and a parent, guardian, adult custodian,
327	or adult relative, in which:
328	(a)  The persons reside in the same house or living unit;
329	or
330	(b)  The parent, guardian, adult custodian, or adult
331	relative has a legal responsibility by blood, marriage, or court
332	order to support or care for the child.
333	(24)(23)  "Family in need of services" means a family that
334	has a child for whom there is no pending investigation into an
335	allegation of abuse, neglect, or abandonment or no current
336	supervision by the department of Juvenile Justice or the
337	Department of Children and Family Services for an adjudication
338	of dependency or delinquency. The child must also have been
339	referred to a law enforcement agency or the department of
340	Juvenile Justice for:
341	(a)  Running away from parents or legal custodians;
342	(b)  Persistently disobeying reasonable and lawful demands
343	of parents or legal custodians, and being beyond their control;
344	or
345	(c)  Habitual truancy from school.
346	(25)(24)  "Foster care" means care provided a child in a
347	foster family or boarding home, group home, agency boarding
348	home, child care institution, or any combination thereof.
349	(26)(25)  "Habitually truant" means that:
350	(a)  The child has 15 unexcused absences within 90 calendar
351	days with or without the knowledge or justifiable consent of the
352	child's parent or legal guardian, is subject to compulsory
353	school attendance under s. 1003.21(1) and (2)(a), and is not
354	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
355	specified by law or the rules of the State Board of Education.
356	(b)  Escalating activities to determine the cause, and to
357	attempt the remediation, of the child's truant behavior under
358	ss. 1003.26 and 1003.27 have been completed.
359
360	If a child who is subject to compulsory school attendance is
361	responsive to the interventions described in ss. 1003.26 and
362	1003.27 and has completed the necessary requirements to pass the
363	current grade as indicated in the district pupil progression
364	plan, the child shall not be determined to be habitually truant
365	and shall be passed. If a child within the compulsory school
366	attendance age has 15 unexcused absences within 90 calendar days
367	or fails to enroll in school, the state attorney may file a
368	child-in-need-of-services petition. Before Prior to filing a
369	petition, the child must be referred to the appropriate agency
370	for evaluation. After consulting with the evaluating agency, the
371	state attorney may elect to file a child-in-need-of-services
372	petition.
373	(c)  A school representative, designated according to
374	school board policy, and a juvenile probation officer of the
375	department of Juvenile Justice have jointly investigated the
376	truancy problem or, if that was not feasible, have performed
377	separate investigations to identify conditions that could be
378	contributing to the truant behavior; and if, after a joint
379	staffing of the case to determine the necessity for services,
380	such services were determined to be needed, the persons who
381	performed the investigations met jointly with the family and
382	child to discuss any referral to appropriate community agencies
383	for economic services, family or individual counseling, or other
384	services required to remedy the conditions that are contributing
385	to the truant behavior.
386	(d)  The failure or refusal of the parent or legal guardian
387	or the child to participate, or make a good faith effort to
388	participate, in the activities prescribed to remedy the truant
389	behavior, or the failure or refusal of the child to return to
390	school after participation in activities required by this
391	subsection, or the failure of the child to stop the truant
392	behavior after the school administration and the department of
393	Juvenile Justice have worked with the child as described in s.
394	1003.27(3) shall be handled as prescribed in s. 1003.27.
395	(27)(26)  "Halfway house" means a community-based
396	residential program for 10 or more committed delinquents at the
397	moderate-risk commitment level which is operated or contracted
398	by the department of Juvenile Justice.
399	(28)(27)  "Intake" means the initial acceptance and
400	screening by the department of Juvenile Justice of a complaint
401	or a law enforcement report or probable cause affidavit of
402	delinquency, family in need of services, or child in need of
403	services to determine the recommendation to be taken in the best
404	interests of the child, the family, and the community. The
405	emphasis of intake is on diversion and the least restrictive
406	available services. Consequently, intake includes such
407	alternatives as:
408	(a)  The disposition of the complaint, report, or probable
409	cause affidavit without court or public agency action or
410	judicial handling when appropriate.
411	(b)  The referral of the child to another public or private
412	agency when appropriate.
413	(c)  The recommendation by the juvenile probation officer
414	of judicial handling when appropriate and warranted.
415	(29)(28)  "Judge" means the circuit judge exercising
416	jurisdiction pursuant to this chapter.
417	(30)(29)  "Juvenile justice continuum" includes, but is not
418	limited to, delinquency prevention programs and services
419	designed for the purpose of preventing or reducing delinquent
420	acts, including criminal activity by youth gangs, and juvenile
421	arrests, as well as programs and services targeted at children
422	who have committed delinquent acts, and children who have
423	previously been committed to residential treatment programs for
424	delinquents. The term includes children-in-need-of-services and
425	families-in-need-of-services programs; conditional release;
426	substance abuse and mental health programs; educational and
427	career programs; recreational programs; community services
428	programs; community service work programs; and alternative
429	dispute resolution programs serving children at risk of
430	delinquency and their families, whether offered or delivered by
431	state or local governmental entities, public or private for-
432	profit or not-for-profit organizations, or religious or
433	charitable organizations.
434	(31)(30)  "Juvenile probation officer" means the authorized
435	agent of the department of Juvenile Justice who performs the
436	intake, case management, or supervision functions.
437	(32)(31)  "Juvenile sexual offender" means:
438	(a)  A juvenile who has been found by the court under
439	pursuant to s. 985.228 to have committed a violation of chapter
440	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
441	(b)  A juvenile found to have committed any felony
442	violation of law or delinquent act involving juvenile sexual
443	abuse. "Juvenile sexual abuse" means any sexual behavior which
444	occurs without consent, without equality, or as a result of
445	coercion. For purposes of this subsection, the following
446	definitions apply:
447	1.  "Coercion" means the exploitation of authority, use of
448	bribes, threats of force, or intimidation to gain cooperation or
449	compliance.
450	2.  "Equality" means two participants operating with the
451	same level of power in a relationship, neither being controlled
452	nor coerced by the other.
453	3.  "Consent" means an agreement including all of the
454	following:
455	a.  Understanding what is proposed based on age, maturity,
456	developmental level, functioning, and experience.
457	b.  Knowledge of societal standards for what is being
458	proposed.
459	c.  Awareness of potential consequences and alternatives.
460	d.  Assumption that agreement or disagreement will be
461	accepted equally.
462	e.  Voluntary decision.
463	f.  Mental competence.
464
465	Juvenile sexual offender behavior ranges from noncontact sexual
466	behavior such as making obscene phone calls, exhibitionism,
467	voyeurism, and the showing or taking of lewd photographs to
468	varying degrees of direct sexual contact, such as frottage,
469	fondling, digital penetration, rape, fellatio, sodomy, and
470	various other sexually aggressive acts.
471	(33)(32)  "Legal custody or guardian" means a legal status
472	created by court order or letter of guardianship which vests in
473	a custodian of the person or guardian, whether an agency or an
474	individual, the right to have physical custody of the child and
475	the right and duty to protect, train, and discipline the child
476	and to provide him or her with food, shelter, education, and
477	ordinary medical, dental, psychiatric, and psychological care.
478	(34)(33)  "Licensed child-caring agency" means a person,
479	society, association, or agency licensed by the Department of
480	Children and Family Services to care for, receive, and board
481	children.
482	(35)(34)  "Licensed health care professional" means a
483	physician licensed under chapter 458, an osteopathic physician
484	licensed under chapter 459, a nurse licensed under part I of
485	chapter 464, a physician assistant licensed under chapter 458 or
486	chapter 459, or a dentist licensed under chapter 466.
487	(36)(35)  "Likely to injure oneself" means that, as
488	evidenced by violent or other actively self-destructive
489	behavior, it is more likely than not that within a 24-hour
490	period the child will attempt to commit suicide or inflict
491	serious bodily harm on himself or herself.
492	(37)(36)  "Likely to injure others" means that it is more
493	likely than not that within a 24-hour period the child will
494	inflict serious and unjustified bodily harm on another person.
495	(38)(37)  "Mediation" means a process whereby a neutral
496	third person called a mediator acts to encourage and facilitate
497	the resolution of a dispute between two or more parties. It is
498	an informal and nonadversarial process with the objective of
499	helping the disputing parties reach a mutually acceptable and
500	voluntary agreement. In mediation, decisionmaking authority
501	rests with the parties. The role of the mediator includes, but
502	is not limited to, assisting the parties in identifying issues,
503	fostering joint problem solving, and exploring settlement
504	alternatives.
505	(39)(38)  "Necessary medical treatment" means care which is
506	necessary within a reasonable degree of medical certainty to
507	prevent the deterioration of a child's condition or to alleviate
508	immediate pain of a child.
509	(40)(39)  "Next of kin" means an adult relative of a child
510	who is the child's brother, sister, grandparent, aunt, uncle, or
511	first cousin.
512	(41)(40)  "Parent" means a woman who gives birth to a child
513	and a man whose consent to the adoption of the child would be
514	required under s. 63.062(1). If a child has been legally
515	adopted, the term "parent" means the adoptive mother or father
516	of the child. The term does not include an individual whose
517	parental relationship to the child has been legally terminated,
518	or an alleged or prospective parent, unless the parental status
519	falls within the terms of either s. 39.503(1) or s. 63.062(1).
520	(42)(41)  "Preliminary screening" means the gathering of
521	preliminary information to be used in determining a child's need
522	for further evaluation or assessment or for referral for other
523	substance abuse services through means such as psychosocial
524	interviews; urine and breathalyzer screenings; and reviews of
525	available educational, delinquency, and dependency records of
526	the child.
527	(43)(42)  "Preventive services" means social services and
528	other supportive and rehabilitative services provided to the
529	parent of the child, the legal guardian of the child, or the
530	custodian of the child and to the child for the purpose of
531	averting the removal of the child from the home or disruption of
532	a family that which will or could result in the placement of a
533	child in foster care. Social services and other supportive and
534	rehabilitative services shall promote the child's need for a
535	safe, continuous, stable living environment and shall promote
536	family autonomy and shall strengthen family life as the first
537	priority whenever possible.
538	(44)(43)  "Probation" means the legal status of probation
539	created by law and court order in cases involving a child who
540	has been found to have committed a delinquent act. Probation is
541	an individualized program in which the freedom of the child is
542	limited and the child is restricted to noninstitutional quarters
543	or restricted to the child's home in lieu of commitment to the
544	custody of the department of Juvenile Justice. Youth on
545	probation may be assessed and classified for placement in day-
546	treatment probation programs designed for youth who represent a
547	minimum risk to themselves and public safety and do not require
548	placement and services in a residential setting. Program types
549	in this more intensive and structured day-treatment probation
550	option include career programs, marine programs, juvenile
551	justice alternative schools, training and rehabilitation
552	programs, and gender-specific programs.
553	(45)(44)  "Relative" means a grandparent, great-
554	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
555	great-uncle, niece, or nephew, whether related by the whole or
556	half blood, by affinity, or by adoption. The term does not
557	include a stepparent.
558	(46)(45)  "Restrictiveness Residential Commitment level"
559	means the level of programming and security provided by programs
560	that service the supervision, custody, care, and treatment needs
561	of committed children. Sections 985.3141 and 985.404(11) apply
562	to children placed in programs at any residential commitment
563	level. The restrictiveness levels of residential commitment are
564	as follows:
565	(a)  Minimum-risk nonresidential.--Programs or program
566	models at this commitment level work with youth who remain in
567	the community and participate at least 5 days per week in a day
568	treatment program. Youth assessed and classified for programs at
569	this commitment level represent a minimum risk to themselves and
570	public safety and do not require placement and services in
571	residential settings. Youth in this level have full access to,
572	and reside in, the community. A youth who has been found to have
573	committed delinquent acts that involve firearms, delinquent acts
574	that are sexual offenses, or delinquent acts that would be life
575	felonies or first degree felonies if committed by an adult shall
576	not be committed to a program at this level.
577	(b)(a)  Low-risk residential.--Programs or program models
578	at this commitment level are residential but may allow youth to
579	have unsupervised access to the community. Youth assessed and
580	classified for placement in programs at this commitment level
581	represent a low risk to themselves and public safety but do
582	require placement and services in residential settings. Children
583	who have been found to have committed delinquent acts that
584	involve firearms, delinquent acts that are sexual offenses, or
585	delinquent acts that would be life felonies or first degree
586	felonies if committed by an adult shall not be committed to a
587	program at this level.
588	(c)(b)  Moderate-risk residential.--Programs or program
589	models at this commitment level are residential but may allow
590	youth to have supervised access to the community. Facilities are
591	either environmentally secure, staff secure, or are hardware-
592	secure with walls, fencing, or locking doors. Facilities shall
593	provide 24-hour awake supervision, custody, care, and treatment
594	of residents. Youth assessed and classified for placement in
595	programs at this commitment level represent a moderate risk to
596	public safety and require close supervision. The staff at a
597	facility at this commitment level may seclude a child who is a
598	physical threat to himself or herself or others. Mechanical
599	restraint may also be used when necessary.
600	(d)(c)  High-risk residential.--Programs or program models
601	at this commitment level are residential and do shall not allow
602	youth to have access to the community, except that temporary
603	release providing community access for up to 72 continuous hours
604	for a youth who has made successful progress in his or her
605	program may be approved by a court in order to attend a family
606	emergency or, during the final 60 days of his or her placement,
607	to visit his or her home, enroll in school or a vocational
608	program, complete a job interview, or participate in a community
609	service project. High-risk residential facilities are hardware-
610	secure with perimeter fencing and locking doors or are
611	environmentally secure. Facilities shall provide 24-hour awake
612	supervision, custody, care, and treatment of residents. Youth
613	assessed and classified for this level of placement require
614	close supervision in a structured residential setting. Placement
615	in programs at this level is prompted by a concern for public
616	safety that outweighs placement in programs at lower commitment
617	levels. The staff at a facility at this commitment level may
618	seclude a child who is a physical threat to himself or herself
619	or others. Mechanical restraint may also be used when necessary.
620	The facility may provide for single cell occupancy.
621	(e)(d)  Maximum-risk residential.--Programs or program
622	models at this commitment level include juvenile correctional
623	facilities and juvenile prisons. The programs are long-term
624	residential and shall not allow youth to have access to the
625	community. Facilities are maximum-custody hardware-secure with
626	perimeter security fencing and locking doors. Facilities shall
627	provide 24-hour awake supervision, custody, care, and treatment
628	of residents. The staff at a facility at this commitment level
629	may seclude a child who is a physical threat to himself or
630	herself or others. Mechanical restraint may also be used when
631	necessary. The facility shall provide for single cell occupancy,
632	except that youth may be housed together during prerelease
633	transition. Youth assessed and classified for this level of
634	placement require close supervision in a maximum security
635	residential setting. Placement in a program at this level is
636	prompted by a demonstrated need to protect the public.
637	(47)(46)  "Respite" means a placement that is available for
638	the care, custody, and placement of a youth charged with
639	domestic violence as an alternative to secure detention or for
640	placement of a youth when a shelter bed for a child in need of
641	services or a family in need of services is unavailable.
642	(48)(47)  "Secure detention center or facility" means a
643	physically restricting facility for the temporary care of
644	children, pending adjudication, disposition, or placement.
645	(49)(48)  "Serious or habitual juvenile offender," for
646	purposes of commitment to a residential facility and for
647	purposes of records retention, means a child who has been found
648	to have committed a delinquent act or a violation of law, in the
649	case currently before the court, and who meets at least one of
650	the following criteria:
651	(a)  The youth is at least 13 years of age at the time of
652	the disposition for the current offense and has been adjudicated
653	on the current offense for:
654	1.  Arson;
655	2.  Sexual battery;
656	3.  Robbery;
657	4.  Kidnapping;
658	5.  Aggravated child abuse;
659	6.  Aggravated assault;
660	7.  Aggravated stalking;
661	8.  Murder;
662	9.  Manslaughter;
663	10.  Unlawful throwing, placing, or discharging of a
664	destructive device or bomb;
665	11.  Armed burglary;
666	12.  Aggravated battery;
667	13.  Any lewd or lascivious offense committed upon or in
668	the presence of a person less than 16 years of age; or
669	14.  Carrying, displaying, using, threatening, or
670	attempting to use a weapon or firearm during the commission of a
671	felony.
672	(b)  The youth is at least 13 years of age at the time of
673	the disposition, the current offense is a felony, and the child
674	has previously been committed at least two times to a
675	delinquency commitment program.
676	(c)  The youth is at least 13 years of age and is currently
677	committed for a felony offense and transferred from a moderate-
678	risk or high-risk residential commitment placement.
679	(50)(49)  "Serious or habitual juvenile offender program"
680	means the program established in s. 985.31.
681	(51)(50)  "Shelter" means a place for the temporary care of
682	a child who is alleged to be or who has been found to be
683	delinquent.
684	(52)(51)  "Shelter hearing" means a hearing provided for
685	under s. 984.14 in family-in-need-of-services cases or child-in-
686	need-of-services cases.
687	(53)(52)  "Staff-secure shelter" means a facility in which
688	a child is supervised 24 hours a day by staff members who are
689	awake while on duty. The facility is for the temporary care and
690	assessment of a child who has been found to be dependent, who
691	has violated a court order and been found in contempt of court,
692	or whom the Department of Children and Family Services is unable
693	to properly assess or place for assistance within the continuum
694	of services provided for dependent children.
695	(54)(53)  "Substance abuse" means using, without medical
696	reason, any psychoactive or mood-altering drug, including
697	alcohol, in such a manner as to induce impairment resulting in
698	dysfunctional social behavior.
699	(55)(54)  "Taken into custody" means the status of a child
700	immediately when temporary physical control over the child is
701	attained by a person authorized by law, pending the child's
702	release, detention, placement, or other disposition as
703	authorized by law.
704	(56)(55)  "Temporary legal custody" means the relationship
705	that a juvenile court creates between a child and an adult
706	relative of the child, adult nonrelative approved by the court,
707	or other person until a more permanent arrangement is ordered.
708	Temporary legal custody confers upon the custodian the right to
709	have temporary physical custody of the child and the right and
710	duty to protect, train, and discipline the child and to provide
711	the child with food, shelter, and education, and ordinary
712	medical, dental, psychiatric, and psychological care, unless
713	these rights and duties are otherwise enlarged or limited by the
714	court order establishing the temporary legal custody
715	relationship.
716	(57)(56)  "Temporary release" means the terms and
717	conditions under which a child is temporarily released from a
718	residential commitment facility or allowed home visits. If the
719	temporary release is from a moderate-risk residential facility,
720	a high-risk residential facility, or a maximum-risk residential
721	facility, the terms and conditions of the temporary release must
722	be approved by the child, the court, and the facility. The term
723	includes periods during which the child is supervised pursuant
724	to a conditional release program or a period during which the
725	child is supervised by a juvenile probation officer or other
726	nonresidential staff of the department or staff employed by an
727	entity under contract with the department.
728	(58)(57)  "Training school" means one of the following
729	facilities: the Arthur G. Dozier School or the Eckerd Youth
730	Development Center.
731	(59)(58)  "Violation of law" or "delinquent act" means a
732	violation of any law of this state, the United States, or any
733	other state which is a misdemeanor or a felony or a violation of
734	a county or municipal ordinance which would be punishable by
735	incarceration if the violation were committed by an adult.
736	(60)(59)  "Waiver hearing" means a hearing provided for
737	under s. 985.226(3).
738	Section 3.  Paragraph (b) of subsection (4) of section
739	985.201, Florida Statutes, is amended to read:
740	985.201  Jurisdiction.--
741	(4)
742	(b)1.  The court may retain jurisdiction over a child
743	committed to the department for placement in a juvenile
744	correctional facility prison or in a high-risk or maximum-risk
745	residential commitment program to allow the child to participate
746	in a juvenile conditional release program pursuant to s.
747	985.316. In no case shall the jurisdiction of the court be
748	retained beyond the child's 22nd birthday. However, if the child
749	is not successful in the conditional release program, the
750	department may use the transfer procedure under s. 985.404.
751	2.  The court may retain jurisdiction over a child
752	committed to the department for placement in an intensive
753	residential treatment program for 10-year-old to 13-year-old
754	offenders, in the residential commitment program in a juvenile
755	correctional facility prison, in a residential sex offender
756	program, or in a program for serious or habitual juvenile
757	offenders as provided in s. 985.311 or s. 985.31 until the child
758	reaches the age of 21. If the court exercises this jurisdiction
759	retention, it shall do so solely for the purpose of the child
760	completing the intensive residential treatment program for 10-
761	year-old to 13-year-old offenders, in the residential commitment
762	program in a juvenile correctional facility prison, in a
763	residential sex offender program, or the program for serious or
764	habitual juvenile offenders. Such jurisdiction retention does
765	not apply for other programs, other purposes, or new offenses.
766	Section 4.  Paragraph (d) of subsection (1) of section
767	985.207, Florida Statutes, is amended, and paragraph (e) is
768	added to said subsection, to read:
769	985.207  Taking a child into custody.--
770	(1)  A child may be taken into custody under the following
771	circumstances:
772	(d)  By a law enforcement officer who has probable cause to
773	believe that the child is in violation of the conditions of the
774	child's probation, home detention, postcommitment probation, or
775	conditional release supervision, has absconded from
776	nonresidential commitment, or has escaped from residential
777	commitment.
778	(e)  When a court finds that the child, who has been found
779	to have committed a delinquent act or a violation of law and who
780	is awaiting disposition for that delinquent act or violation of
781	law:
782	1.  Has a history of failing to appear for court
783	proceedings;
784	2.  Is presently ungovernable as evidenced by his or her
785	recent behavior;
786	3.  Presents a risk of failing to appear for future
787	proceedings or of inflicting harm upon himself, herself, or
788	others or the property of others because of his or her
789	ungovernable behavior; or
790	4.  Has violated conditions imposed by the court in his or
791	her order of adjudication of delinquency.
792
793	Nothing in this subsection shall be construed to allow the
794	detention of a child who does not meet the detention criteria in
795	s. 985.215.
796	Section 5.  Section 985.208, Florida Statutes, is amended
797	to read:
798	985.208  Detention of escapee or absconder on authority of
799	the department.--
800	(1)  If an authorized agent of the department has
801	reasonable grounds to believe that any delinquent child
802	committed to the department has escaped from a residential
803	commitment facility of the department or from being lawfully
804	transported thereto or therefrom, or has absconded from a
805	nonresidential commitment facility, the agent may take the child
806	into active custody and may deliver the child to the facility
807	or, if it is closer, to a detention center for return to the
808	facility. However, a child may not be held in detention longer
809	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
810	unless a special order so directing is made by the judge after a
811	detention hearing resulting in a finding that detention is
812	required based on the criteria in s. 985.215(2). The order shall
813	state the reasons for such finding. The reasons shall be
814	reviewable by appeal or in habeas corpus proceedings in the
815	district court of appeal.
816	(2)  Any sheriff or other law enforcement officer, upon the
817	request of the secretary of the department or duly authorized
818	agent, shall take a child who has escaped or absconded from a
819	residential commitment department facility for committed
820	delinquent children, or from being lawfully transported thereto
821	or therefrom, or has absconded from a nonresidential commitment
822	facility, into custody and deliver the child to the appropriate
823	juvenile probation officer of the department.
824	Section 6.  Paragraph (f) is added to subsection (1) of
825	section 985.213, Florida Statutes, to read:
826	985.213  Use of detention.--
827	(1)  All determinations and court orders regarding the use
828	of secure, nonsecure, or home detention shall be based primarily
829	upon findings that the child:
830	(f)  Meets the criteria for taking a child into custody
831	under s. 985.207(1)(e).
832	Section 7.  Subsections (2) and (10) and paragraphs (d) and
833	(g) of subsection (5) of section 985.215, Florida Statutes, are
834	amended to read:
835	985.215  Detention.--
836	(2)  Subject to the provisions of subsection (1), a child
837	taken into custody and placed into nonsecure or home detention
838	care or detained in secure detention care prior to a detention
839	hearing may continue to be detained by the court if:
840	(a)  The child is alleged to be an escapee from a
841	residential commitment program, or an absconder from a
842	nonresidential commitment program, a probation program, or
843	conditional release supervision, or is alleged to have escaped
844	while being lawfully transported to or from a residential
845	commitment such program or supervision.
846	(b)  The child is wanted in another jurisdiction for an
847	offense which, if committed by an adult, would be a felony.
848	(c)  The child is charged with a delinquent act or
849	violation of law and requests in writing through legal counsel
850	to be detained for protection from an imminent physical threat
851	to his or her personal safety.
852	(d)  The child is charged with committing an offense of
853	domestic violence as defined in s. 741.28 and is detained as
854	provided in s. 985.213(2)(b)3.
855	(e)  The child is charged with possession or discharging a
856	firearm on school property in violation of s. 790.115.
857	(f)  The child is charged with a capital felony, a life
858	felony, a felony of the first degree, a felony of the second
859	degree that does not involve a violation of chapter 893, or a
860	felony of the third degree that is also a crime of violence,
861	including any such offense involving the use or possession of a
862	firearm.
863	(g)  The child is charged with any second degree or third
864	degree felony involving a violation of chapter 893 or any third
865	degree felony that is not also a crime of violence, and the
866	child:
867	1.  Has a record of failure to appear at court hearings
868	after being properly notified in accordance with the Rules of
869	Juvenile Procedure;
870	2.  Has a record of law violations prior to court hearings;
871	3.  Has already been detained or has been released and is
872	awaiting final disposition of the case;
873	4.  Has a record of violent conduct resulting in physical
874	injury to others; or
875	5.  Is found to have been in possession of a firearm.
876	(h)  The child is alleged to have violated the conditions
877	of the child's probation or conditional release supervision.
878	However, a child detained under this paragraph may be held only
879	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
880	consequence unit is not available, the child shall be placed on
881	home detention with electronic monitoring.
882	(i)  The child is detained on a judicial order for failure
883	to appear and has previously willfully failed to appear, after
884	proper notice, for an adjudicatory hearing on the same case
885	regardless of the results of the risk assessment instrument. A
886	child may be held in secure detention for up to 72 hours in
887	advance of the next scheduled court hearing pursuant to this
888	paragraph. The child's failure to keep the clerk of court and
889	defense counsel informed of a current and valid mailing address
890	where the child will receive notice to appear at court
891	proceedings does not provide an adequate ground for excusal of
892	the child's nonappearance at the hearings.
893	(j)  The child is detained on a judicial order for failure
894	to appear and has previously willfully failed to appear, after
895	proper notice, at two or more court hearings of any nature on
896	the same case regardless of the results of the risk assessment
897	instrument. A child may be held in secure detention for up to 72
898	hours in advance of the next scheduled court hearing pursuant to
899	this paragraph. The child's failure to keep the clerk of court
900	and defense counsel informed of a current and valid mailing
901	address where the child will receive notice to appear at court
902	proceedings does not provide an adequate ground for excusal of
903	the child's nonappearance at the hearings.
904
905	A child who meets any of these criteria and who is ordered to be
906	detained pursuant to this subsection shall be given a hearing
907	within 24 hours after being taken into custody. The purpose of
908	the detention hearing is to determine the existence of probable
909	cause that the child has committed the delinquent act or
910	violation of law with which he or she is charged and the need
911	for continued detention, except where the child is alleged to
912	have absconded from a nonresidential commitment program, in
913	which case the court, at the detention hearing, shall order that
914	the child be released from detention and returned to his or her
915	nonresidential commitment program. Unless a child is detained
916	under paragraph (d) or paragraph (e), the court shall use
917	utilize the results of the risk assessment performed by the
918	juvenile probation officer and, based on the criteria in this
919	subsection, shall determine the need for continued detention. A
920	child placed into secure, nonsecure, or home detention care may
921	continue to be so detained by the court pursuant to this
922	subsection. If the court orders a placement more restrictive
923	than indicated by the results of the risk assessment instrument,
924	the court shall state, in writing, clear and convincing reasons
925	for such placement. Except as provided in s. 790.22(8) or in
926	subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or
927	paragraph (10)(d), when a child is placed into secure or
928	nonsecure detention care, or into a respite home or other
929	placement pursuant to a court order following a hearing, the
930	court order must include specific instructions that direct the
931	release of the child from such placement no later than 5 p.m. on
932	the last day of the detention period specified in paragraph
933	(5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., whichever
934	is applicable, unless the requirements of such applicable
935	provision have been met or an order of continuance has been
936	granted pursuant to paragraph (5)(f).
937	(5)
938	(d)1.  Except as provided in paragraph (g), A child may not
939	be held in secure, nonsecure, or home detention care for more
940	than 15 days following the entry of an order of adjudication,
941	except as provided in paragraph (g) or when the court finds that
942	the child:.
943	a.  Has a history of failing to appear for court
944	proceedings;
945	b.  Is presently ungovernable as evidenced by his or her
946	recent behavior;
947	c.  Presents a risk of failing to appear for future
948	proceedings or of inflicting harm upon himself, herself, or
949	others or the property of others because of his or her
950	ungovernable behavior; or
951	d.  Has violated conditions imposed by the court in his or
952	her order of adjudication of delinquency.
953	2.  If the court makes a finding under subparagraph 1., the
954	court shall order the placement of the child in secure detention
955	or, at the discretion of the court and if available, on home
956	detention with electronic monitoring until the disposition order
957	is entered in the child's case.
958	(g)  Upon good cause being shown that the nature of the
959	charge requires additional time for the prosecution or defense
960	of the case, the court may extend the time limits for detention
961	specified in paragraph (c) or paragraph (d) an additional 9 days
962	if the child is charged with an offense that would be, if
963	committed by an adult, a capital felony, a life felony, a felony
964	of the first degree, or a felony of the second degree involving
965	violence against any individual.
966	(10)(a)1.  When a child is committed to the department of
967	Juvenile Justice awaiting dispositional placement, removal of
968	the child from detention care shall occur within 5 days,
969	excluding Saturdays, Sundays, and legal holidays. Any child held
970	in secure detention during the 5 days must meet detention
971	admission criteria pursuant to this section. If the child is
972	committed to a moderate-risk residential program, the department
973	may seek an order from the court authorizing continued detention
974	for a specific period of time necessary for the appropriate
975	residential placement of the child. However, such continued
976	detention in secure detention care may not exceed 15 days after
977	commitment, excluding Saturdays, Sundays, and legal holidays,
978	and except as otherwise provided in this subsection.
979	2.  The court must place all children who are adjudicated
980	and awaiting placement in a residential commitment program in
981	detention care. Children who are in home detention care or
982	nonsecure detention care may be placed on electronic monitoring.
983	(b)  A child who is placed in home detention care,
984	nonsecure detention care, or home or nonsecure detention care
985	with electronic monitoring, while awaiting placement in a
986	minimum-risk, low-risk, or moderate-risk program, may be held in
987	secure detention care for 5 days, if the child violates the
988	conditions of the home detention care, the nonsecure detention
989	care, or the electronic monitoring agreement. For any subsequent
990	violation, the court may impose an additional 5 days in secure
991	detention care.
992	(c)  If the child is committed to a high-risk residential
993	program, the child must be held in detention care until
994	placement or commitment is accomplished.
995	(d)  If the child is committed to a maximum-risk
996	residential program, the child must be held in detention care
997	until placement or commitment is accomplished.
998	(e)  Upon specific appropriation, the department may obtain
999	comprehensive evaluations, including, but not limited to,
1000	medical, academic, psychological, behavioral, sociological, and
1001	vocational needs of a youth with multiple arrests for all level
1002	criminal acts or a youth committed to a minimum-risk or low-risk
1003	commitment program.
1004	(f)  Regardless of detention status, a child being
1005	transported by the department to a residential commitment
1006	facility of the department may be placed in secure detention
1007	overnight, not to exceed a 24-hour period, for the specific
1008	purpose of ensuring the safe delivery of the child to his or her
1009	residential commitment program, court, appointment, transfer, or
1010	release.
1011	Section 8.  Paragraph (b) of subsection (2) of section
1012	985.2155, Florida Statutes, is amended to read:
1013	985.2155  Shared county and state responsibility for
1014	juvenile detention.--
1015	(2)  As used in this section, the term:
1016	(b)  "Fiscally constrained county" means a county
1017	designated as a rural area of critical economic concern under s.
1018	288.0656 for which the value of a mill in the county is no more
1019	than $4 $3 million, based on the property valuations and tax
1020	data annually published by the Department of Revenue under s.
1021	195.052.
1022	Section 9.  Subsection (5) of section 985.228, Florida
1023	Statutes, is amended to read:
1024	985.228  Adjudicatory hearings; withheld adjudications;
1025	orders of adjudication.--
1026	(5)  If the court finds that the child named in a petition
1027	has committed a delinquent act or violation of law, but elects
1028	not to proceed under subsection (4), it shall incorporate that
1029	finding in an order of adjudication of delinquency entered in
1030	the case, briefly stating the facts upon which the finding is
1031	made, and the court shall thereafter have full authority under
1032	this chapter to deal with the child as adjudicated. The order of
1033	adjudication of delinquency shall also include conditions that
1034	must be followed by the child until a disposition order is
1035	entered in his or her case. These conditions must include, but
1036	are not limited to, requirements that the child, during any
1037	period of time that he or she:
1038	(a)  Is not in secure detention, comply with a curfew;
1039	attend school or another educational program, if eligible; and
1040	obey the reasonable and lawful demands of his or her parents or
1041	legal guardians and, if applicable, all persons responsible for
1042	supervising him or her while he or she is in school or another
1043	educational program.
1044	(b)  Is in secure detention, obey the reasonable and lawful
1045	demands of all persons responsible for his or her supervision.
1046	Section 10.  Paragraphs (a) and (d) of subsection (1) and
1047	subsection (2) of section 985.231, Florida Statutes, are amended
1048	to read:
1049	985.231  Powers of disposition in delinquency cases.--
1050	(1)(a)  The court that has jurisdiction of an adjudicated
1051	delinquent child may, by an order stating the facts upon which a
1052	determination of a sanction and rehabilitative program was made
1053	at the disposition hearing:
1054	1.  Place the child in a probation program or a
1055	postcommitment probation program under the supervision of an
1056	authorized agent of the department of Juvenile Justice or of any
1057	other person or agency specifically authorized and appointed by
1058	the court, whether in the child's own home, in the home of a
1059	relative of the child, or in some other suitable place under
1060	such reasonable conditions as the court may direct. A probation
1061	program for an adjudicated delinquent child must include a
1062	penalty component such as restitution in money or in kind,
1063	community service, a curfew, revocation or suspension of the
1064	driver's license of the child, or other nonresidential
1065	punishment appropriate to the offense and must also include a
1066	rehabilitative program component such as a requirement of
1067	participation in substance abuse treatment or in school or other
1068	educational program. If the child is attending or is eligible to
1069	attend public school and the court finds that the victim or a
1070	sibling of the victim in the case is attending or may attend the
1071	same school as the child, the court placement order shall
1072	include a finding pursuant to the proceedings described in s.
1073	985.23(1)(d). Upon the recommendation of the department at the
1074	time of disposition, or subsequent to disposition pursuant to
1075	the filing of a petition alleging a violation of the child's
1076	conditions of postcommitment probation, the court may order the
1077	child to submit to random testing for the purpose of detecting
1078	and monitoring the use of alcohol or controlled substances.
1079	a.  A restrictiveness level classification scale for levels
1080	of supervision shall be provided by the department, taking into
1081	account the child's needs and risks relative to probation
1082	supervision requirements to reasonably ensure the public safety.
1083	Probation programs for children shall be supervised by the
1084	department or by any other person or agency specifically
1085	authorized by the court. These programs must include, but are
1086	not limited to, structured or restricted activities as described
1087	in this subparagraph, and shall be designed to encourage the
1088	child toward acceptable and functional social behavior. If
1089	supervision or a program of community service is ordered by the
1090	court, the duration of such supervision or program must be
1091	consistent with any treatment and rehabilitation needs
1092	identified for the child and may not exceed the term for which
1093	sentence could be imposed if the child were committed for the
1094	offense, except that the duration of such supervision or program
1095	for an offense that is a misdemeanor of the second degree, or is
1096	equivalent to a misdemeanor of the second degree, may be for a
1097	period not to exceed 6 months. When restitution is ordered by
1098	the court, the amount of restitution may not exceed an amount
1099	the child and the parent or guardian could reasonably be
1100	expected to pay or make. A child who participates in any work
1101	program under this part is considered an employee of the state
1102	for purposes of liability, unless otherwise provided by law.
1103	b.  The court may conduct judicial review hearings for a
1104	child placed on probation for the purpose of fostering
1105	accountability to the judge and compliance with other
1106	requirements, such as restitution and community service. The
1107	court may allow early termination of probation for a child who
1108	has substantially complied with the terms and conditions of
1109	probation.
1110	c.  If the conditions of the probation program or the
1111	postcommitment probation program are violated, the department or
1112	the state attorney may bring the child before the court on a
1113	petition alleging a violation of the program. Any child who
1114	violates the conditions of probation or postcommitment probation
1115	must be brought before the court if sanctions are sought. A
1116	child taken into custody under s. 985.207 for violating the
1117	conditions of probation or postcommitment probation shall be
1118	held in a consequence unit if such a unit is available. The
1119	child shall be afforded a hearing within 24 hours after being
1120	taken into custody to determine the existence of probable cause
1121	that the child violated the conditions of probation or
1122	postcommitment probation. A consequence unit is a secure
1123	facility specifically designated by the department for children
1124	who are taken into custody under s. 985.207 for violating
1125	probation or postcommitment probation, or who have been found by
1126	the court to have violated the conditions of probation or
1127	postcommitment probation. If the violation involves a new charge
1128	of delinquency, the child may be detained under s. 985.215 in a
1129	facility other than a consequence unit. If the child is not
1130	eligible for detention for the new charge of delinquency, the
1131	child may be held in the consequence unit pending a hearing and
1132	is subject to the time limitations specified in s. 985.215. If
1133	the child denies violating the conditions of probation or
1134	postcommitment probation, the court shall appoint counsel to
1135	represent the child at the child's request. Upon the child's
1136	admission, or if the court finds after a hearing that the child
1137	has violated the conditions of probation or postcommitment
1138	probation, the court shall enter an order revoking, modifying,
1139	or continuing probation or postcommitment probation. In each
1140	such case, the court shall enter a new disposition order and, in
1141	addition to the sanctions set forth in this paragraph, may
1142	impose any sanction the court could have imposed at the original
1143	disposition hearing. If the child is found to have violated the
1144	conditions of probation or postcommitment probation, the court
1145	may:
1146	(I)  Place the child in a consequence unit in that judicial
1147	circuit, if available, for up to 5 days for a first violation,
1148	and up to 15 days for a second or subsequent violation.
1149	(II)  Place the child on home detention with electronic
1150	monitoring. However, this sanction may be used only if a
1151	residential consequence unit is not available.
1152	(III)  Modify or continue the child's probation program or
1153	postcommitment probation program.
1154	(IV)  Revoke probation or postcommitment probation and
1155	commit the child to the department.
1156	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1157	as provided in s. 985.31, the term of any order placing a child
1158	in a probation program must be until the child's 19th birthday
1159	unless he or she is released by the court, on the motion of an
1160	interested party or on its own motion.
1161	2.  Commit the child to a licensed child-caring agency
1162	willing to receive the child, but the court may not commit the
1163	child to a jail or to a facility used primarily as a detention
1164	center or facility or shelter.
1165	3.  Commit the child to the department of Juvenile Justice
1166	at a restrictiveness residential commitment level defined in s.
1167	985.03. The court may specify a program or facility within the
1168	restrictiveness level to which the child has been ordered. For a
1169	child ordered committed to a specific high-risk residential or
1170	maximum-risk residential program or facility, the department may
1171	notify the dispositional judge of alternative placements of the
1172	same risk level, as space becomes available, that could be
1173	accomplished prior to entry of the child into the court-ordered
1174	program or facility. With respect to any court-specified
1175	placement, the court may not select a program or facility that
1176	is not under contract with the department. If the court finds
1177	that the planned vacancies at the program or facility specified
1178	by the court are insufficient to allow for the placement of the
1179	child within 45 days after the commitment order, the court must
1180	select a program or facility of the same restrictiveness level
1181	from at least three alternative placements provided by the
1182	department. Such commitment must be for the purpose of
1183	exercising active control over the child, including, but not
1184	limited to, custody, care, training, urine monitoring, and
1185	treatment of the child and release of the child from residential
1186	commitment into the community in a postcommitment nonresidential
1187	conditional release program. If the child is eligible to attend
1188	public school following residential commitment and the court
1189	finds that the victim or a sibling of the victim in the case is
1190	or may be attending the same school as the child, the commitment
1191	order shall include a finding pursuant to the proceedings
1192	described in s. 985.23(1)(d). If the child is not successful in
1193	the conditional release program, the department may use the
1194	transfer procedure under s. 985.404. Notwithstanding s. 743.07
1195	and paragraph (d), and except as provided in s. 985.31, the term
1196	of the commitment must be until the child is discharged by the
1197	department or until he or she reaches the age of 21.
1198	4.  Revoke or suspend the driver's license of the child.
1199	5.  Require the child and, if the court finds it
1200	appropriate, the child's parent or guardian together with the
1201	child, to render community service in a public service program.
1202	6.  As part of the probation program to be implemented by
1203	the department of Juvenile Justice, or, in the case of a
1204	committed child, as part of the community-based sanctions
1205	ordered by the court at the disposition hearing or before the
1206	child's release from commitment, order the child to make
1207	restitution in money, through a promissory note cosigned by the
1208	child's parent or guardian, or in kind for any damage or loss
1209	caused by the child's offense in a reasonable amount or manner
1210	to be determined by the court. The clerk of the circuit court
1211	shall be the receiving and dispensing agent. In such case, the
1212	court shall order the child or the child's parent or guardian to
1213	pay to the office of the clerk of the circuit court an amount
1214	not to exceed the actual cost incurred by the clerk as a result
1215	of receiving and dispensing restitution payments. The clerk
1216	shall notify the court if restitution is not made, and the court
1217	shall take any further action that is necessary against the
1218	child or the child's parent or guardian. A finding by the court,
1219	after a hearing, that the parent or guardian has made diligent
1220	and good faith efforts to prevent the child from engaging in
1221	delinquent acts absolves the parent or guardian of liability for
1222	restitution under this subparagraph.
1223	7.  Order the child and, if the court finds it appropriate,
1224	the child's parent or guardian together with the child, to
1225	participate in a community work project, either as an
1226	alternative to monetary restitution or as part of the
1227	rehabilitative or probation program.
1228	8.  Commit the child to the department of Juvenile Justice
1229	for placement in a program or facility for serious or habitual
1230	juvenile offenders in accordance with s. 985.31. Any commitment
1231	of a child to a program or facility for serious or habitual
1232	juvenile offenders must be for an indeterminate period of time,
1233	but the time may not exceed the maximum term of imprisonment
1234	that an adult may serve for the same offense. The court may
1235	retain jurisdiction over such child until the child reaches the
1236	age of 21, specifically for the purpose of the child completing
1237	the program.
1238	9.  In addition to the sanctions imposed on the child,
1239	order the parent or guardian of the child to perform community
1240	service if the court finds that the parent or guardian did not
1241	make a diligent and good faith effort to prevent the child from
1242	engaging in delinquent acts. The court may also order the parent
1243	or guardian to make restitution in money or in kind for any
1244	damage or loss caused by the child's offense. The court shall
1245	determine a reasonable amount or manner of restitution, and
1246	payment shall be made to the clerk of the circuit court as
1247	provided in subparagraph 6.
1248	10.  Subject to specific appropriation, commit the juvenile
1249	sexual offender to the department of Juvenile Justice for
1250	placement in a program or facility for juvenile sexual offenders
1251	in accordance with s. 985.308. Any commitment of a juvenile
1252	sexual offender to a program or facility for juvenile sexual
1253	offenders must be for an indeterminate period of time, but the
1254	time may not exceed the maximum term of imprisonment that an
1255	adult may serve for the same offense. The court may retain
1256	jurisdiction over a juvenile sexual offender until the juvenile
1257	sexual offender reaches the age of 21, specifically for the
1258	purpose of completing the program.
1259	(d)  Any commitment of a delinquent child to the department
1260	of Juvenile Justice must be for an indeterminate period of time,
1261	which may include periods of temporary release; however, but the
1262	period of time may not exceed the maximum term of imprisonment
1263	that an adult may serve for the same offense, except that the
1264	duration of a minimum-risk nonresidential commitment for an
1265	offense that is a misdemeanor of the second degree, or is
1266	equivalent to a misdemeanor of the second degree, may be for a
1267	period not to exceed 6 months. The duration of the child's
1268	placement in a residential commitment program of any
1269	restrictiveness level shall be based on objective performance-
1270	based treatment planning. The child's treatment plan progress
1271	and adjustment-related issues shall be reported to the court
1272	quarterly, unless the court requests monthly reports each month.
1273	The child's length of stay in a residential commitment program
1274	may be extended if the child fails to comply with or participate
1275	in treatment activities. The child's length of stay in the such
1276	program shall not be extended for purposes of sanction or
1277	punishment. Any temporary release from such program must be
1278	approved by the court. Any child so committed may be discharged
1279	from institutional confinement or a program upon the direction
1280	of the department with the concurrence of the court. The child's
1281	treatment plan progress and adjustment-related issues must be
1282	communicated to the court at the time the department requests
1283	the court to consider releasing the child from the residential
1284	commitment program. Notwithstanding s. 743.07 and this
1285	subsection, and except as provided in ss. 985.201 and 985.31, a
1286	child may not be held under a commitment from a court under
1287	pursuant to this section after becoming 21 years of age. The
1288	department shall give the court that committed the child to the
1289	department reasonable notice, in writing, of its desire to
1290	discharge the child from a commitment facility. The court that
1291	committed the child may thereafter accept or reject the request.
1292	If the court does not respond within 10 days after receipt of
1293	the notice, the request of the department shall be deemed
1294	granted. This section does not limit the department's authority
1295	to revoke a child's temporary release status and return the
1296	child to a commitment facility for any violation of the terms
1297	and conditions of the temporary release.
1298	(2)  Following a delinquency adjudicatory hearing pursuant
1299	to s. 985.228 and a delinquency disposition hearing pursuant to
1300	s. 985.23 which results in a commitment determination, the court
1301	shall, on its own or upon request by the state or the
1302	department, determine whether the protection of the public
1303	requires that the child be placed in a program for serious or
1304	habitual juvenile offenders and whether the particular needs of
1305	the child would be best served by a program for serious or
1306	habitual juvenile offenders as provided in s. 985.31. The
1307	determination shall be made pursuant to ss. 985.03(49)(48) and
1308	985.23(3).
1309	Section 11.  Paragraph (a) of subsection (1) of section
1310	985.2311, Florida Statutes, is amended to read:
1311	985.2311  Cost of supervision; cost of care.--
1312	(1)  Except as provided in subsection (3) or subsection
1313	(4):
1314	(a)  When any child is placed into home detention,
1315	probation, or other supervision status with the department of
1316	Juvenile Justice, or is committed to the minimum-risk
1317	nonresidential restrictiveness level, the court shall order the
1318	parent of such child to pay to the department a fee for the cost
1319	of the supervision of such child in the amount of $1 per day for
1320	each day that the child is in such supervision status.
1321	Section 12.  Section 985.313, Florida Statutes, is amended
1322	to read:
1323	985.313  Juvenile correctional facilities or juvenile
1324	prison.--A juvenile correctional facility or juvenile prison is
1325	a physically secure residential commitment program with a
1326	designated length of stay from 18 months to 36 months, primarily
1327	serving children 13 years of age to 19 years of age, or until
1328	the jurisdiction of the court expires. The court may retain
1329	jurisdiction over the child until the child reaches the age of
1330	21, specifically for the purpose of the child completing the
1331	program. Each child committed to this level must meet one of the
1332	following criteria:
1333	(1)  The youth is at least 13 years of age at the time of
1334	the disposition for the current offense and has been adjudicated
1335	on the current offense for:
1336	(a)  Arson;
1337	(b)  Sexual battery;
1338	(c)  Robbery;
1339	(d)  Kidnapping;
1340	(e)  Aggravated child abuse;
1341	(f)  Aggravated assault;
1342	(g)  Aggravated stalking;
1343	(h)  Murder;
1344	(i)  Manslaughter;
1345	(j)  Unlawful throwing, placing, or discharging of a
1346	destructive device or bomb;
1347	(k)  Armed burglary;
1348	(l)  Aggravated battery;
1349	(m)  Carjacking;
1350	(n)  Home-invasion robbery;
1351	(o)  Burglary with an assault or battery;
1352	(p)  Any lewd or lascivious offense committed upon or in
1353	the presence of a person less than 16 years of age; or
1354	(q)  Carrying, displaying, using, threatening to use, or
1355	attempting to use a weapon or firearm during the commission of a
1356	felony.
1357	(2)  The youth is at least 13 years of age at the time of
1358	the disposition, the current offense is a felony, and the child
1359	has previously been committed three or more times to a
1360	delinquency commitment program.
1361	(3)  The youth is at least 13 years of age and is currently
1362	committed for a felony offense and transferred from a moderate-
1363	risk or high-risk residential commitment placement.
1364	(4)  The youth is at least 13 years of age at the time of
1365	the disposition for the current offense, the youth is eligible
1366	for prosecution as an adult for the current offense, and the
1367	current offense is ranked at level 7 or higher on the Criminal
1368	Punishment Code offense severity ranking chart pursuant to s.
1369	921.0022.
1370	Section 13.  Subsection (3) of section 985.316, Florida
1371	Statutes, is amended to read:
1372	985.316  Conditional release.--
1373	(3)  For juveniles referred or committed to the department,
1374	the function of the department may include, but shall not be
1375	limited to, assessing each committed juvenile placed in a
1376	residential commitment program to determine the need for
1377	conditional release services upon release from the a commitment
1378	program, supervising the juvenile when released into the
1379	community from a residential commitment facility of the
1380	department, providing such counseling and other services as may
1381	be necessary for the families and assisting their preparations
1382	for the return of the child. Subject to specific appropriation,
1383	the department shall provide for outpatient sexual offender
1384	counseling for any juvenile sexual offender released from a
1385	residential commitment program as a component of conditional
1386	release.
1387	Section 14.  Section 985.403, Florida Statutes, is
1388	repealed.
1389	Section 15.  Task Force on Juvenile Sexual Offenders and
1390	their Victims.--
1391	(1)  On or before August 1, 2005, there shall be created a
1392	task force to review and evaluate the state's laws that define
1393	and address juvenile sex offenders and the Department of
1394	Juvenile Justice's practices and procedures for serving these
1395	offenders and their victims. The task force shall make findings
1396	that include, but are not limited to: identification of statutes
1397	that address juvenile sexual offenders; a profile of the acts
1398	committed by each juvenile placed in juvenile sexual offender
1399	programming in this state between July 2000 and June 2005 and an
1400	assessment of the appropriateness of those placements based upon
1401	the acts committed; identification of community-based and
1402	residential commitment programming available for juvenile sexual
1403	offenders and an assessment of such programming's effectiveness;
1404	and identification of qualifications required for staff who
1405	serve juvenile sexual offenders. Based on its findings, the task
1406	force shall make recommendations for the improvement of the
1407	state's laws, policies, programs, and funding for juvenile
1408	sexual offenders, and such recommendations shall specifically
1409	include, but are not limited to, identification of criteria that
1410	should be satisfied prior to placement of a juvenile in juvenile
1411	sexual offender programming.
1412	(2)  The Governor shall appoint up to 12 members to the
1413	task force. The task force shall be composed of representatives
1414	who shall include, but are not limited to: a circuit court judge
1415	with at least 1 year's experience in the juvenile division, a
1416	state attorney with at least 1 year's experience in the juvenile
1417	division, a public defender with at least 1 year's experience in
1418	the juvenile division, one representative of the Department of
1419	Juvenile Justice, two representatives of providers of juvenile
1420	sexual offender services, one member of the Florida Juvenile
1421	Justice Association, one member of the Florida Association for
1422	the Treatment of Sexual Abusers, and one victim of a juvenile
1423	sexual offense.
1424	(3)  The task force shall submit a written report of its
1425	findings and recommendations to the Governor, the President of
1426	the Senate, and the Speaker of the House of Representatives by
1427	December 1, 2005.
1428	(4)  Administrative support for the task force shall be
1429	provided by the Department of Juvenile Justice. Members of the
1430	task force shall receive no salary and are not entitled to
1431	reimbursement for travel and per diem expenses.
1432	(5)  The task force shall be dissolved upon submission of
1433	its report.
1434	Section 16.  Task force to study certification for juvenile
1435	justice provider staff.--
1436	(1)  On or before August 1, 2005, there shall be created a
1437	task force to study the feasibility of establishing a
1438	certification process for staff employed by a provider under
1439	contract with the Department of Juvenile Justice to provide
1440	juvenile justice services to youth.
1441	(2)  The Governor shall appoint up to 12 members to the
1442	task force. The task force shall be composed of representatives
1443	who shall include, but are not limited to, the following: two
1444	representatives of the Department of Juvenile Justice, two
1445	representatives of providers of juvenile justice services, two
1446	members of the Florida Juvenile Justice Association, two
1447	provider employees who provide direct care services, and two
1448	representatives of the Florida Certification Board.
1449	(3)  The task force shall consider the feasibility of
1450	implementing and operating a certification system for staff who
1451	work in juvenile justice facilities, services, or programs. At a
1452	minimum, the task force shall consider and make recommendations
1453	concerning: per diem levels, the occupational levels of staff
1454	subject to certification, the criteria that may be used to
1455	certify staff, the levels of certification, and a process for
1456	testing and validating the effectiveness of any recommended
1457	staff certification system. In making its recommendations, the
1458	task force shall make findings regarding the benefits of a staff
1459	certification system for the state's juvenile justice
1460	programming and the cost to implement such a system.
1461	(4)  The task force shall submit a written report of its
1462	findings and recommendations to the Governor, the President of
1463	the Senate, and the Speaker of the House of Representatives by
1464	January 1, 2006.
1465	(5)  Administrative support for the task force shall be
1466	provided by the Department of Juvenile Justice. Members of the
1467	task force shall receive no salary and are not entitled to
1468	reimbursement for travel and per diem expenses.
1469	(6)  The task force shall be dissolved upon submission of
1470	its report.
1471	Section 17.  Subsection (4) of section 985.404, Florida
1472	Statutes, is amended to read:
1473	985.404  Administering the juvenile justice continuum.--
1474	(4)  The department may transfer a child, when necessary to
1475	appropriately administer the child's commitment, from one
1476	facility or program to another facility or program operated,
1477	contracted, subcontracted, or designated by the department,
1478	including a postcommitment nonresidential conditional release
1479	program. The department shall notify the court that committed
1480	the child to the department and any attorney of record, in
1481	writing, of its intent to transfer the child from a commitment
1482	facility or program to another facility or program of a higher
1483	or lower restrictiveness level or to another facility or program
1484	that is different from a facility or program specified by the
1485	court under s. 985.231(1)(a)3. After receipt of the notice, the
1486	court that committed the child may agree to the transfer or may
1487	set a hearing to review the transfer, after which the court
1488	shall issue a written order granting or denying the transfer or
1489	may, without setting a hearing, issue a written order granting
1490	or denying the transfer. No child shall be transferred by the
1491	department to a higher or lower restrictiveness level or to a
1492	facility or program different from that specified by the court
1493	under s. 985.231(1)(a)3. prior to the department receiving a
1494	written court order granting the transfer. If the court does not
1495	respond within 10 days after receipt of the notice, the transfer
1496	of the child shall be deemed granted.
1497	Section 18.  Subsections (2) and (10) of section 985.4135,
1498	Florida Statutes, are amended to read:
1499	985.4135  Juvenile justice circuit boards and juvenile
1500	justice county councils.--
1501	(2)  Each juvenile justice county council shall:
1502	(a)  Develop a juvenile justice prevention and early
1503	intervention plan for the county and shall collaborate with the
1504	circuit board and other county councils assigned to that circuit
1505	in the development of a comprehensive plan for the circuit.
1506	(b)  Develop, with the cooperation of county commissioners,
1507	school board officials, representatives of governing bodies for
1508	local municipalities, and representatives of local law
1509	enforcement agencies, criteria to be considered by law
1510	enforcement officers prior to referring youth to juvenile
1511	assessment centers.
1512	(10)  Membership of the juvenile justice county councils,
1513	or juvenile justice circuit boards established under subsection
1514	(9), may must include representatives from the following
1515	entities:
1516	(a)  Representatives from the school district, which may
1517	include elected school board officials, the school
1518	superintendent, school or district administrators, teachers, and
1519	counselors.
1520	(b)  Representatives of the board of county commissioners.
1521	(c)  Representatives of the governing bodies of local
1522	municipalities within the county.
1523	(d)  A representative of the corresponding circuit or
1524	regional entity of the Department of Children and Family
1525	Services.
1526	(e)  Representatives of local law enforcement agencies,
1527	including the sheriff or the sheriff's designee.
1528	(f)  Representatives of the judicial system.
1529	(g)  Representatives of the business community.
1530	(h)  Representatives of other interested officials, groups,
1531	or entities, including, but not limited to, a children's
1532	services council, public or private providers of juvenile
1533	justice programs and services, students, parents, and advocates.
1534	Private providers of juvenile justice programs may not exceed
1535	one-third of the voting membership.
1536	(i)  Representatives of the faith community.
1537	(j)  Representatives of victim-service programs and victims
1538	of crimes.
1539	(k)  Representatives of the Department of Corrections.
1540	Section 19.  Section 784.075, Florida Statutes, is amended
1541	to read:
1542	784.075  Battery on detention or commitment facility staff
1543	or a juvenile probation officer.--A person who commits a battery
1544	on a juvenile probation officer, as defined in s. 984.03 or s.
1545	985.03, on other staff of a detention center or facility as
1546	defined in s. 984.03(19) or s. 985.03(20)(19), or on a staff
1547	member of a commitment facility as defined in s. 985.03(46)(45),
1548	commits a felony of the third degree, punishable as provided in
1549	s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1550	section, a staff member of the facilities listed includes
1551	persons employed by the Department of Juvenile Justice, persons
1552	employed at facilities licensed by the Department of Juvenile
1553	Justice, and persons employed at facilities operated under a
1554	contract with the Department of Juvenile Justice.
1555	Section 20.  Section 984.05, Florida Statutes, is amended
1556	to read:
1557	984.05  Rules relating to habitual truants; adoption by
1558	State Board of Education and Department of Juvenile
1559	Justice.--The Department of Juvenile Justice and the State Board
1560	of Education shall work together on the development of, and
1561	shall adopt, rules as necessary for the implementation of ss.
1562	984.03(27), 985.03(26)(25), and 1003.27.
1563	Section 21.  Paragraph (e) of subsection (3) and paragraph
1564	(a) of subsection (4) of section 985.31, Florida Statutes, are
1565	amended, and for the purpose of incorporating the amendment to
1566	section 985.231, Florida Statutes, in references thereto,
1567	paragraph (k) of subsection (3) of said section is reenacted to
1568	read:
1569	985.31  Serious or habitual juvenile offender.--
1570	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1571	TREATMENT.--
1572	(e)  After a child has been adjudicated delinquent pursuant
1573	to s. 985.228, the court shall determine whether the child meets
1574	the criteria for a serious or habitual juvenile offender
1575	pursuant to s. 985.03(49)(48). If the court determines that the
1576	child does not meet such criteria, the provisions of s.
1577	985.231(1) shall apply.
1578	(k)  Any commitment of a child to the department for
1579	placement in a serious or habitual juvenile offender program or
1580	facility shall be for an indeterminate period of time, but the
1581	time shall not exceed the maximum term of imprisonment which an
1582	adult may serve for the same offense. Notwithstanding the
1583	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1584	habitual juvenile offender shall not be held under commitment
1585	from a court pursuant to this section, s. 985.231, or s. 985.233
1586	after becoming 21 years of age. This provision shall apply only
1587	for the purpose of completing the serious or habitual juvenile
1588	offender program pursuant to this chapter and shall be used
1589	solely for the purpose of treatment.
1590	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1591	(a)  Pursuant to the provisions of this section, the
1592	department shall implement the comprehensive assessment
1593	instrument for the treatment needs of serious or habitual
1594	juvenile offenders and for the assessment, which assessment
1595	shall include the criteria under s. 985.03(49)(48) and shall
1596	also include, but not be limited to, evaluation of the child's:
1597	1.  Amenability to treatment.
1598	2.  Proclivity toward violence.
1599	3.  Tendency toward gang involvement.
1600	4.  Substance abuse or addiction and the level thereof.
1601	5.  History of being a victim of child abuse or sexual
1602	abuse, or indication of sexual behavior dysfunction.
1603	6.  Number and type of previous adjudications, findings of
1604	guilt, and convictions.
1605	7.  Potential for rehabilitation.
1606	Section 22.  Subsection (2) of section 985.3141, Florida
1607	Statutes, is amended to read:
1608	985.3141  Escapes from secure detention or residential
1609	commitment facility.--An escape from:
1610	(2)  Any residential commitment facility described in s.
1611	985.03(46)(45), maintained for the custody, treatment,
1612	punishment, or rehabilitation of children found to have
1613	committed delinquent acts or violations of law; or
1614
1615	constitutes escape within the intent and meaning of s. 944.40
1616	and is a felony of the third degree, punishable as provided in
1617	s. 775.082, s. 775.083, or s. 775.084.
1618	Section 23.  For the purpose of incorporating the amendment
1619	to section 985.231, Florida Statutes, in a reference thereto,
1620	paragraph (a) of subsection (4) of section 985.201, Florida
1621	Statutes, is reenacted to read:
1622	985.201  Jurisdiction.--
1623	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1624	985.231, and except as provided in ss. 985.31 and 985.313, when
1625	the jurisdiction of any child who is alleged to have committed a
1626	delinquent act or violation of law is obtained, the court shall
1627	retain jurisdiction, unless relinquished by its order, until the
1628	child reaches 19 years of age, with the same power over the
1629	child that the court had prior to the child becoming an adult.
1630	Section 24.  For the purpose of incorporating the amendment
1631	to section 985.231, Florida Statutes, in a reference thereto,
1632	paragraph (b) of subsection (4) of section 985.233, Florida
1633	Statutes, is reenacted to read:
1634	985.233  Sentencing powers; procedures; alternatives for
1635	juveniles prosecuted as adults.--
1636	(4)  SENTENCING ALTERNATIVES.--
1637	(b)  Sentencing to juvenile sanctions.--For juveniles
1638	transferred to adult court but who do not qualify for such
1639	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1640	(b), the court may impose juvenile sanctions under this
1641	paragraph. If juvenile sentences are imposed, the court shall,
1642	pursuant to this paragraph, adjudge the child to have committed
1643	a delinquent act. Adjudication of delinquency shall not be
1644	deemed a conviction, nor shall it operate to impose any of the
1645	civil disabilities ordinarily resulting from a conviction. The
1646	court shall impose an adult sanction or a juvenile sanction and
1647	may not sentence the child to a combination of adult and
1648	juvenile punishments. An adult sanction or a juvenile sanction
1649	may include enforcement of an order of restitution or probation
1650	previously ordered in any juvenile proceeding. However, if the
1651	court imposes a juvenile sanction and the department determines
1652	that the sanction is unsuitable for the child, the department
1653	shall return custody of the child to the sentencing court for
1654	further proceedings, including the imposition of adult
1655	sanctions. Upon adjudicating a child delinquent under subsection
1656	(1), the court may:
1657	1.  Place the child in a probation program under the
1658	supervision of the department for an indeterminate period of
1659	time until the child reaches the age of 19 years or sooner if
1660	discharged by order of the court.
1661	2.  Commit the child to the department for treatment in an
1662	appropriate program for children for an indeterminate period of
1663	time until the child is 21 or sooner if discharged by the
1664	department. The department shall notify the court of its intent
1665	to discharge no later than 14 days prior to discharge. Failure
1666	of the court to timely respond to the department's notice shall
1667	be considered approval for discharge.
1668	3.  Order disposition pursuant to s. 985.231 as an
1669	alternative to youthful offender or adult sentencing if the
1670	court determines not to impose youthful offender or adult
1671	sanctions.
1672
1673	It is the intent of the Legislature that the criteria and
1674	guidelines in this subsection are mandatory and that a
1675	determination of disposition under this subsection is subject to
1676	the right of the child to appellate review under s. 985.234.
1677	Section 25.  For the purpose of incorporating the amendment
1678	to section 985.231, Florida Statutes, in a reference thereto,
1679	paragraph (e) of subsection (3) of section 985.311, Florida
1680	Statutes, is reenacted to read:
1681	985.311  Intensive residential treatment program for
1682	offenders less than 13 years of age.--
1683	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1684	TREATMENT.--
1685	(e)  After a child has been adjudicated delinquent pursuant
1686	to s. 985.228(5), the court shall determine whether the child is
1687	eligible for an intensive residential treatment program for
1688	offenders less than 13 years of age pursuant to s. 985.03(7). If
1689	the court determines that the child does not meet the criteria,
1690	the provisions of s. 985.231(1) shall apply.
1691	Section 26.  Subsection (4) of section 985.407, Florida
1692	Statutes, is amended to read:
1693	985.407  Departmental contracting powers; personnel
1694	standards and screening.--
1695	(4)(a)  For any person employed by the department, or by a
1696	provider under contract with the department, in delinquency
1697	facilities, services, or programs, the department shall require:
1698	1.  A level 2 employment screening pursuant to chapter 435
1699	prior to employment, using the level 1 standards for screening
1700	set forth in that chapter, for personnel in delinquency
1701	facilities, services, and programs.
1702	2.  A federal criminal records check by the Federal Bureau
1703	of Investigation every 5 years following the date of the
1704	person's employment.
1705	(b)  Except for law enforcement, correctional, and
1706	correctional probation officers, to whom s. 943.13(5) applies,
1707	the department shall electronically submit to the Department of
1708	Law Enforcement:
1709	1.  Fingerprint information obtained during the employment
1710	screening required by subparagraph (a)1.
1711	2.  Beginning on December 15, 2005, fingerprint information
1712	for all persons employed by the department, or by a provider
1713	under contract with the department, in delinquency facilities,
1714	services, or programs if such fingerprint information has not
1715	previously been electronically submitted to the Department of
1716	Law Enforcement under this paragraph.
1717	(c)  All fingerprint information electronically submitted
1718	to the Department of Law Enforcement under paragraph (b) shall
1719	be retained by the Department of Law Enforcement and entered
1720	into the statewide automated fingerprint identification system
1721	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
1722	information shall be available for all purposes and uses
1723	authorized for arrest fingerprint information entered into the
1724	statewide automated fingerprint identification system pursuant
1725	to s. 943.051 until the fingerprint information is removed
1726	pursuant to paragraph (e). The Department of Law Enforcement
1727	shall search all arrest fingerprint information received
1728	pursuant to s. 943.051 against the fingerprint information
1729	entered into the statewide automated fingerprint system pursuant
1730	to this subsection. Any arrest records identified as a result of
1731	the search shall be reported to the department in the manner and
1732	timeframe established by the Department of Law Enforcement by
1733	rule.
1734	(d)  The department shall pay an annual fee to the
1735	Department of Law Enforcement for its costs resulting from the
1736	fingerprint information retention services required by this
1737	subsection. The amount of the annual fee and procedures for the
1738	submission and retention of fingerprint information and for the
1739	dissemination of search results shall be established by the
1740	Department of Law Enforcement by a rule that is applicable to
1741	the department individually pursuant to this subsection or that
1742	is applicable to the department and other employing agencies
1743	pursuant to rulemaking authority otherwise provided by law.
1744	(e)  The department shall notify the Department of Law
1745	Enforcement when a person whose fingerprint information is
1746	retained by the Department of Law Enforcement under this
1747	subsection is no longer employed by the department, or by a
1748	provider under contract with the department, in a delinquency
1749	facility, service, or program. This notice shall be provided by
1750	the department to the Department of Law Enforcement no later
1751	than 6 months after the date of the change in the person's
1752	employment status. Fingerprint information for persons
1753	identified by the department in the notice shall be removed from
1754	the statewide automated fingerprint system.
1755	Section 27.  This act shall take effect July 1, 2005.

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