HB 1917

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 985.03,
3	F.S.; redefining terms relating to juvenile justice;
4	redefining the terms "day treatment" and "restrictiveness
5	level"; creating the minimum-risk nonresidential
6	restrictiveness level; providing that temporary release
7	may be granted under specified conditions to youth
8	committed to the high-risk residential restrictiveness
9	level; amending s. 985.207, F.S.; providing that a child
10	may be taken into custody for absconding from a
11	nonresidential commitment facility; amending s. 985.208,
12	F.S.; providing that a child may be taken into custody for
13	absconding from a nonresidential commitment facility;
14	amending s. 985.215, F.S.; providing for release from
15	detention for a child who has absconded; providing for
16	detention for committed children awaiting placement;
17	providing secure detention for children awaiting minimum-
18	risk placement who violate home or nonsecure detention or
19	electronic monitoring; providing for limited secure
20	detention for children being transported to residential
21	commitment programs; requiring the state to pay certain
22	detention care costs for juveniles in certain counties for
23	fiscal year 2005-2006; amending s. 985.231, F.S.; revising
24	provisions relating to powers of disposition; providing
25	the maximum length for a minimum-risk nonresidential
26	commitment for a second degree misdemeanor; providing that
27	the department or a provider report quarterly to the court
28	the child's treatment plan progress; making conforming
29	changes; amending s. 985.2311, F.S.; requiring parents to
30	pay fees for costs of supervision related to minimum-risk
31	nonresidential commitment; amending s. 985.316, F.S.;
32	providing for assessment of residentially committed youth
33	for conditional release services; repealing s. 985.403,
34	F.S., relating to the Task Force on Juvenile Sexual
35	Offenders and their Victims; creating a new task force on
36	juvenile sexual offenders and their victims; providing
37	powers and duties; providing membership; requiring a
38	report; providing for administrative support; providing
39	for dissolution of the task force; creating a task force
40	to study the certification of professional staff working
41	for a provider of juvenile justice services; providing
42	membership; requiring the task force to consider the
43	feasibility of implementing and operating a certification
44	system for professional staff; requiring the task force to
45	consider specified issues; directing the task force to
46	recommend a process for testing and validating the
47	effectiveness of the recommended staff development system;
48	requiring the task force to prepare and submit a report of
49	its deliberations and recommendations by a specified date;
50	providing for administrative support; providing for
51	dissolution of the task force; amending s. 985.4135, F.S.;
52	providing for permissible representation on juvenile
53	justice county councils or circuit boards; amending s.
54	985.407, F.S.; changing the level of background screening
55	required for certain department and provider employees
56	from level 1 to level 2; requiring federal criminal
57	records checks every 5 years for certain department and
58	provider employees; providing for electronic submission of
59	specified fingerprint information; providing for retention
60	of specified fingerprint information; providing for
61	searches; requiring the adoption of rules; providing for
62	an annual fee; providing for notice of changes in the
63	employment status of persons whose fingerprint information
64	is retained; requiring the removal of fingerprint
65	information upon the occurrence of specified events;
66	providing appropriations; amending ss. 784.075, 984.05,
67	985.31, and 985.3141, F.S.; conforming cross references;
68	reenacting ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k),
69	and 985.311(3)(e), F.S., relating to jurisdiction,
70	sentencing alternatives, commitment of serious or habitual
71	juvenile offenders, and eligibility for an intensive
72	residential treatment program for offenders less than 13
73	years of age, respectively, to incorporate the amendment
74	to s. 985.231, F.S., in reference thereto; providing an
75	effective date.
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Section 985.03, Florida Statutes, is amended to
80	read:
81	985.03  Definitions.--As When used in this chapter, the
82	term:
83	(1)  "Addictions receiving facility" means a substance
84	abuse service provider as defined in chapter 397.
85	(2)  "Adjudicatory hearing" means a hearing for the court
86	to determine whether or not the facts support the allegations
87	stated in the petition, as is provided for under s. 985.228 in
88	delinquency cases.
89	(3)  "Adult" means any natural person other than a child.
90	(4)  "Arbitration" means a process whereby a neutral third
91	person or panel, called an arbitrator or an arbitration panel,
92	considers the facts and arguments presented by the parties and
93	renders a decision which may be binding or nonbinding.
94	(5)  "Authorized agent" or "designee" of the department
95	means a person or agency assigned or designated by the
96	department of Juvenile Justice or the Department of Children and
97	Family Services, as appropriate, to perform duties or exercise
98	powers under pursuant to this chapter and includes contract
99	providers and their employees for purposes of providing services
100	to and managing cases of children in need of services and
101	families in need of services.
102	(6)  "Child" or "juvenile" or "youth" means any unmarried
103	person under the age of 18 who has not been emancipated by order
104	of the court and who has been found or alleged to be dependent,
105	in need of services, or from a family in need of services; or
106	any married or unmarried person who is charged with a violation
107	of law occurring prior to the time that person reached the age
108	of 18 years.
109	(7)  "Child eligible for an intensive residential treatment
110	program for offenders less than 13 years of age" means a child
111	who has been found to have committed a delinquent act or a
112	violation of law in the case currently before the court and who
113	meets at least one of the following criteria:
114	(a)  The child is less than 13 years of age at the time of
115	the disposition for the current offense and has been adjudicated
116	on the current offense for:
117	1.  Arson;
118	2.  Sexual battery;
119	3.  Robbery;
120	4.  Kidnapping;
121	5.  Aggravated child abuse;
122	6.  Aggravated assault;
123	7.  Aggravated stalking;
124	8.  Murder;
125	9.  Manslaughter;
126	10.  Unlawful throwing, placing, or discharging of a
127	destructive device or bomb;
128	11.  Armed burglary;
129	12.  Aggravated battery;
130	13.  Any lewd or lascivious offense committed upon or in
131	the presence of a person less than 16 years of age; or
132	14.  Carrying, displaying, using, threatening, or
133	attempting to use a weapon or firearm during the commission of a
134	felony.
135	(b)  The child is less than 13 years of age at the time of
136	the disposition, the current offense is a felony, and the child
137	has previously been committed at least once to a delinquency
138	commitment program.
139	(c)  The child is less than 13 years of age and is
140	currently committed for a felony offense and transferred from a
141	moderate-risk or high-risk residential commitment placement.
142	(8)  "Child in need of services" means a child for whom
143	there is no pending investigation into an allegation or
144	suspicion of abuse, neglect, or abandonment; no pending referral
145	alleging the child is delinquent; or no current supervision by
146	the department of Juvenile Justice or the Department of Children
147	and Family Services for an adjudication of dependency or
148	delinquency. The child must also, under pursuant to this
149	chapter, be found by the court:
150	(a)  To have persistently run away from the child's parents
151	or legal custodians despite reasonable efforts of the child, the
152	parents or legal custodians, and appropriate agencies to remedy
153	the conditions contributing to the behavior. Reasonable efforts
154	shall include voluntary participation by the child's parents or
155	legal custodians and the child in family mediation, services,
156	and treatment offered by the department of Juvenile Justice or
157	the Department of Children and Family Services;
158	(b)  To be habitually truant from school, while subject to
159	compulsory school attendance, despite reasonable efforts to
160	remedy the situation under pursuant to ss. 1003.26 and 1003.27
161	and through voluntary participation by the child's parents or
162	legal custodians and by the child in family mediation, services,
163	and treatment offered by the Department of Juvenile Justice or
164	the Department of Children and Family Services; or
165	(c)  To have persistently disobeyed the reasonable and
166	lawful demands of the child's parents or legal custodians, and
167	to be beyond their control despite efforts by the child's
168	parents or legal custodians and appropriate agencies to remedy
169	the conditions contributing to the behavior. Reasonable efforts
170	may include such things as good faith participation in family or
171	individual counseling.
172	(9)  "Child who has been found to have committed a
173	delinquent act" means a child who, under pursuant to the
174	provisions of this chapter, is found by a court to have
175	committed a violation of law or to be in direct or indirect
176	contempt of court, except that this definition does shall not
177	include an act constituting contempt of court arising out of a
178	dependency proceeding or a proceeding under pursuant to part III
179	of this chapter.
180	(10)  "Child support" means a court-ordered obligation,
181	enforced under chapter 61 and ss. 409.2551-409.2597, for
182	monetary support for the care, maintenance, training, and
183	education of a child.
184	(11)  "Circuit" means any of the 20 judicial circuits as
185	set forth in s. 26.021.
186	(12)  "Comprehensive assessment" or "assessment" means the
187	gathering of information for the evaluation of a juvenile
188	offender's or a child's physical, psychological, educational,
189	vocational, and social condition and family environment as they
190	relate to the child's need for rehabilitative and treatment
191	services, including substance abuse treatment services, mental
192	health services, developmental services, literacy services,
193	medical services, family services, and other specialized
194	services, as appropriate.
195	(13)  "Conditional release" means the care, treatment,
196	help, and supervision provided to a juvenile released from a
197	residential commitment program which is intended to promote
198	rehabilitation and prevent recidivism. The purpose of
199	conditional release is to protect the public, reduce recidivism,
200	increase responsible productive behavior, and provide for a
201	successful transition of the youth from the department to the
202	family. Conditional release includes, but is not limited to,
203	nonresidential community-based programs.
204	(14)  "Court," unless otherwise expressly stated, means the
205	circuit court assigned to exercise jurisdiction under this
206	chapter.
207	(15)  "Day treatment" means a nonresidential, community-
208	based program designed to provide therapeutic intervention to
209	youth who are placed on probation or conditional release or are
210	committed to the minimum-risk nonresidential level. A day
211	treatment program may provide educational and vocational
212	services and shall provide case-management services; individual,
213	group, and family counseling; training designed to address
214	delinquency risk factors; and monitoring of a youth's compliance
215	with, and facilitation of a youth's completion of, sanctions if
216	ordered by the court. Program types may include, but are not
217	limited to, career programs, marine programs, juvenile justice
218	alternative schools, training and rehabilitation programs, and
219	gender-specific programs.
220	(16)(a)(15)(a)  "Delinquency program" means any intake,
221	probation, or similar program; regional detention center or
222	facility; or community-based program, whether owned and operated
223	by or contracted by the department of Juvenile Justice, or
224	institution owned and operated by or contracted by the
225	department of Juvenile Justice, which provides intake,
226	supervision, or custody and care of children who are alleged to
227	be or who have been found to be delinquent under pursuant to
228	part II.
229	(b)  "Delinquency program staff" means supervisory and
230	direct care staff of a delinquency program as well as support
231	staff who have direct contact with children in a delinquency
232	program.
233	(c)  "Delinquency prevention programs" means programs
234	designed for the purpose of reducing the occurrence of
235	delinquency, including youth and street gang activity, and
236	juvenile arrests. The term excludes arbitration, diversionary or
237	mediation programs, and community service work or other
238	treatment available subsequent to a child committing a
239	delinquent act.
240	(17)(16)  "Department" means the Department of Juvenile
241	Justice.
242	(18)(17)  "Designated facility" or "designated treatment
243	facility" means any facility designated by the department of
244	Juvenile Justice to provide treatment to juvenile offenders.
245	(19)(18)  "Detention care" means the temporary care of a
246	child in secure, nonsecure, or home detention, pending a court
247	adjudication or disposition or execution of a court order.
248	There are three types of detention care, as follows:
249	(a)  "Secure detention" means temporary custody of the
250	child while the child is under the physical restriction of a
251	detention center or facility pending adjudication, disposition,
252	or placement.
253	(b)  "Nonsecure detention" means temporary custody of the
254	child while the child is in a residential home in the community
255	in a physically nonrestrictive environment under the supervision
256	of the Department of Juvenile Justice pending adjudication,
257	disposition, or placement.
258	(c)  "Home detention" means temporary custody of the child
259	while the child is released to the custody of the parent,
260	guardian, or custodian in a physically nonrestrictive
261	environment under the supervision of the department of Juvenile
262	Justice staff pending adjudication, disposition, or placement.
263	(20)(19)  "Detention center or facility" means a facility
264	used pending court adjudication or disposition or execution of
265	court order for the temporary care of a child alleged or found
266	to have committed a violation of law.  A detention center or
267	facility may provide secure or nonsecure custody. A facility
268	used for the commitment of adjudicated delinquents shall not be
269	considered a detention center or facility.
270	(21)(20)  "Detention hearing" means a hearing for the court
271	to determine if a child should be placed in temporary custody,
272	as provided for under ss. 985.213 and 985.215 in delinquency
273	cases.
274	(22)(21)  "Disposition hearing" means a hearing in which
275	the court determines the most appropriate dispositional services
276	in the least restrictive available setting provided for under s.
277	985.231, in delinquency cases.
278	(23)(22)  "Family" means a collective of persons,
279	consisting of a child and a parent, guardian, adult custodian,
280	or adult relative, in which:
281	(a)  The persons reside in the same house or living unit;
282	or
283	(b)  The parent, guardian, adult custodian, or adult
284	relative has a legal responsibility by blood, marriage, or court
285	order to support or care for the child.
286	(24)(23)  "Family in need of services" means a family that
287	has a child for whom there is no pending investigation into an
288	allegation of abuse, neglect, or abandonment or no current
289	supervision by the department of Juvenile Justice or the
290	Department of Children and Family Services for an adjudication
291	of dependency or delinquency. The child must also have been
292	referred to a law enforcement agency or the department of
293	Juvenile Justice for:
294	(a)  Running away from parents or legal custodians;
295	(b)  Persistently disobeying reasonable and lawful demands
296	of parents or legal custodians, and being beyond their control;
297	or
298	(c)  Habitual truancy from school.
299	(25)(24)  "Foster care" means care provided a child in a
300	foster family or boarding home, group home, agency boarding
301	home, child care institution, or any combination thereof.
302	(26)(25)  "Habitually truant" means that:
303	(a)  The child has 15 unexcused absences within 90 calendar
304	days with or without the knowledge or justifiable consent of the
305	child's parent or legal guardian, is subject to compulsory
306	school attendance under s. 1003.21(1) and (2)(a), and is not
307	exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
308	specified by law or the rules of the State Board of Education.
309	(b)  Escalating activities to determine the cause, and to
310	attempt the remediation, of the child's truant behavior under
311	ss. 1003.26 and 1003.27 have been completed.
312
313	If a child who is subject to compulsory school attendance is
314	responsive to the interventions described in ss. 1003.26 and
315	1003.27 and has completed the necessary requirements to pass the
316	current grade as indicated in the district pupil progression
317	plan, the child shall not be determined to be habitually truant
318	and shall be passed. If a child within the compulsory school
319	attendance age has 15 unexcused absences within 90 calendar days
320	or fails to enroll in school, the state attorney may file a
321	child-in-need-of-services petition. Before Prior to filing a
322	petition, the child must be referred to the appropriate agency
323	for evaluation.  After consulting with the evaluating agency,
324	the state attorney may elect to file a child-in-need-of-services
325	petition.
326	(c)  A school representative, designated according to
327	school board policy, and a juvenile probation officer of the
328	department of Juvenile Justice have jointly investigated the
329	truancy problem or, if that was not feasible, have performed
330	separate investigations to identify conditions that could be
331	contributing to the truant behavior; and if, after a joint
332	staffing of the case to determine the necessity for services,
333	such services were determined to be needed, the persons who
334	performed the investigations met jointly with the family and
335	child to discuss any referral to appropriate community agencies
336	for economic services, family or individual counseling, or other
337	services required to remedy the conditions that are contributing
338	to the truant behavior.
339	(d)  The failure or refusal of the parent or legal guardian
340	or the child to participate, or make a good faith effort to
341	participate, in the activities prescribed to remedy the truant
342	behavior, or the failure or refusal of the child to return to
343	school after participation in activities required by this
344	subsection, or the failure of the child to stop the truant
345	behavior after the school administration and the department of
346	Juvenile Justice have worked with the child as described in s.
347	1003.27(3) shall be handled as prescribed in s. 1003.27.
348	(27)(26)  "Halfway house" means a community-based
349	residential program for 10 or more committed delinquents at the
350	moderate-risk commitment level which is operated or contracted
351	by the department of Juvenile Justice.
352	(28)(27)  "Intake" means the initial acceptance and
353	screening by the department of Juvenile Justice of a complaint
354	or a law enforcement report or probable cause affidavit of
355	delinquency, family in need of services, or child in need of
356	services to determine the recommendation to be taken in the best
357	interests of the child, the family, and the community. The
358	emphasis of intake is on diversion and the least restrictive
359	available services. Consequently, intake includes such
360	alternatives as:
361	(a)  The disposition of the complaint, report, or probable
362	cause affidavit without court or public agency action or
363	judicial handling when appropriate.
364	(b)  The referral of the child to another public or private
365	agency when appropriate.
366	(c)  The recommendation by the juvenile probation officer
367	of judicial handling when appropriate and warranted.
368	(29)(28)  "Judge" means the circuit judge exercising
369	jurisdiction pursuant to this chapter.
370	(30)(29)  "Juvenile justice continuum" includes, but is not
371	limited to, delinquency prevention programs and services
372	designed for the purpose of preventing or reducing delinquent
373	acts, including criminal activity by youth gangs, and juvenile
374	arrests, as well as programs and services targeted at children
375	who have committed delinquent acts, and children who have
376	previously been committed to residential treatment programs for
377	delinquents. The term includes children-in-need-of-services and
378	families-in-need-of-services programs; conditional release;
379	substance abuse and mental health programs; educational and
380	career programs; recreational programs; community services
381	programs; community service work programs; and alternative
382	dispute resolution programs serving children at risk of
383	delinquency and their families, whether offered or delivered by
384	state or local governmental entities, public or private for-
385	profit or not-for-profit organizations, or religious or
386	charitable organizations.
387	(31)(30)  "Juvenile probation officer" means the authorized
388	agent of the department of Juvenile Justice who performs the
389	intake, case management, or supervision functions.
390	(32)(31)  "Juvenile sexual offender" means:
391	(a)  A juvenile who has been found by the court under
392	pursuant to s. 985.228 to have committed a violation of chapter
393	794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
394	(b)  A juvenile found to have committed any felony
395	violation of law or delinquent act involving juvenile sexual
396	abuse. "Juvenile sexual abuse" means any sexual behavior which
397	occurs without consent, without equality, or as a result of
398	coercion.  For purposes of this subsection, the following
399	definitions apply:
400	1.  "Coercion" means the exploitation of authority, use of
401	bribes, threats of force, or intimidation to gain cooperation or
402	compliance.
403	2.  "Equality" means two participants operating with the
404	same level of power in a relationship, neither being controlled
405	nor coerced by the other.
406	3.  "Consent" means an agreement including all of the
407	following:
408	a.  Understanding what is proposed based on age, maturity,
409	developmental level, functioning, and experience.
410	b.  Knowledge of societal standards for what is being
411	proposed.
412	c.  Awareness of potential consequences and alternatives.
413	d.  Assumption that agreement or disagreement will be
414	accepted equally.
415	e.  Voluntary decision.
416	f.  Mental competence.
417
418	Juvenile sexual offender behavior ranges from noncontact sexual
419	behavior such as making obscene phone calls, exhibitionism,
420	voyeurism, and the showing or taking of lewd photographs to
421	varying degrees of direct sexual contact, such as frottage,
422	fondling, digital penetration, rape, fellatio, sodomy, and
423	various other sexually aggressive acts.
424	(33)(32)  "Legal custody or guardian"  means a legal status
425	created by court order or letter of guardianship which vests in
426	a custodian of the person or guardian, whether an agency or an
427	individual, the right to have physical custody of the child and
428	the right and duty to protect, train, and discipline the child
429	and to provide him or her with food, shelter, education, and
430	ordinary medical, dental, psychiatric, and psychological care.
431	(34)(33)  "Licensed child-caring agency" means a person,
432	society, association, or agency licensed by the Department of
433	Children and Family Services to care for, receive, and board
434	children.
435	(35)(34)  "Licensed health care professional" means a
436	physician licensed under chapter 458, an osteopathic physician
437	licensed under chapter 459, a nurse licensed under part I of
438	chapter 464, a physician assistant licensed under chapter 458 or
439	chapter 459, or a dentist licensed under chapter 466.
440	(36)(35)  "Likely to injure oneself" means that, as
441	evidenced by violent or other actively self-destructive
442	behavior, it is more likely than not that within a 24-hour
443	period the child will attempt to commit suicide or inflict
444	serious bodily harm on himself or herself.
445	(37)(36)  "Likely to injure others" means that it is more
446	likely than not that within a 24-hour period the child will
447	inflict serious and unjustified bodily harm on another person.
448	(38)(37)  "Mediation" means a process whereby a neutral
449	third person called a mediator acts to encourage and facilitate
450	the resolution of a dispute between two or more parties.  It is
451	an informal and nonadversarial process with the objective of
452	helping the disputing parties reach a mutually acceptable and
453	voluntary agreement.  In mediation, decisionmaking authority
454	rests with the parties.  The role of the mediator includes, but
455	is not limited to, assisting the parties in identifying issues,
456	fostering joint problem solving, and exploring settlement
457	alternatives.
458	(39)(38)  "Necessary medical treatment" means care which is
459	necessary within a reasonable degree of medical certainty to
460	prevent the deterioration of a child's condition or to alleviate
461	immediate pain of a child.
462	(40)(39)  "Next of kin" means an adult relative of a child
463	who is the child's brother, sister, grandparent, aunt, uncle, or
464	first cousin.
465	(41)(40)  "Parent" means a woman who gives birth to a child
466	and a man whose consent to the adoption of the child would be
467	required under s. 63.062(1). If a child has been legally
468	adopted, the term "parent" means the adoptive mother or father
469	of the child. The term does not include an individual whose
470	parental relationship to the child has been legally terminated,
471	or an alleged or prospective parent, unless the parental status
472	falls within the terms of either s. 39.503(1) or s. 63.062(1).
473	(42)(41)  "Preliminary screening" means the gathering of
474	preliminary information to be used in determining a child's need
475	for further evaluation or assessment or for referral for other
476	substance abuse services through means such as psychosocial
477	interviews; urine and breathalyzer screenings; and reviews of
478	available educational, delinquency, and dependency records of
479	the child.
480	(43)(42)  "Preventive services" means social services and
481	other supportive and rehabilitative services provided to the
482	parent of the child, the legal guardian of the child, or the
483	custodian of the child and to the child for the purpose of
484	averting the removal of the child from the home or disruption of
485	a family which will or could result in the placement of a child
486	in foster care.  Social services and other supportive and
487	rehabilitative services shall promote the child's need for a
488	safe, continuous, stable living environment and shall promote
489	family autonomy and shall strengthen family life as the first
490	priority whenever possible.
491	(44)(43)  "Probation" means the legal status of probation
492	created by law and court order in cases involving a child who
493	has been found to have committed a delinquent act. Probation is
494	an individualized program in which the freedom of the child is
495	limited and the child is restricted to noninstitutional quarters
496	or restricted to the child's home in lieu of commitment to the
497	custody of the department of Juvenile Justice. Youth on
498	probation may be assessed and classified for placement in day-
499	treatment probation programs designed for youth who represent a
500	minimum risk to themselves and public safety and do not require
501	placement and services in a residential setting. Program types
502	in this more intensive and structured day-treatment probation
503	option include career programs, marine programs, juvenile
504	justice alternative schools, training and rehabilitation
505	programs, and gender-specific programs.
506	(45)(44)  "Relative" means a grandparent, great-
507	grandparent, sibling, first cousin, aunt, uncle, great-aunt,
508	great-uncle, niece, or nephew, whether related by the whole or
509	half blood, by affinity, or by adoption. The term does not
510	include a stepparent.
511	(46)(45)  "Restrictiveness Residential Commitment level"
512	means the level of programming and security provided by programs
513	that service the supervision, custody, care, and treatment needs
514	of committed children. Sections 985.3141 and 985.404(11) apply
515	to children placed in programs at any residential commitment
516	level. The restrictiveness levels of residential commitment are
517	as follows:
518	(a)  Minimum-risk nonresidential.--Programs or program
519	models at this commitment level work with youth who remain in
520	the community and participate at least 5 days per week in a day
521	treatment program. Youth assessed and classified for programs at
522	this commitment level represent a minimum risk to themselves and
523	public safety and do not require placement and services in
524	residential settings. Youth in this level have full access to,
525	and reside in, the community. Youth who have been found to have
526	committed delinquent acts that involve firearms, that are sexual
527	offenses, or that would be life felonies or first-degree
528	felonies if committed by an adult may not be committed to a
529	program at this level.
530	(b)(a)  Low-risk residential.--Programs or program models
531	at this commitment level are residential but may allow youth to
532	have unsupervised access to the community. Youth assessed and
533	classified for placement in programs at this commitment level
534	represent a low risk to themselves and public safety but do
535	require placement and services in residential settings. Children
536	who have been found to have committed delinquent acts that
537	involve firearms, delinquent acts that are sexual offenses, or
538	delinquent acts that would be life felonies or first degree
539	felonies if committed by an adult shall not be committed to a
540	program at this level.
541	(c)(b)  Moderate-risk residential.--Programs or program
542	models at this commitment level are residential but may allow
543	youth to have supervised access to the community. Facilities are
544	either environmentally secure, staff secure, or are hardware-
545	secure with walls, fencing, or locking doors. Facilities shall
546	provide 24-hour awake supervision, custody, care, and treatment
547	of residents. Youth assessed and classified for placement in
548	programs at this commitment level represent a moderate risk to
549	public safety and require close supervision. The staff at a
550	facility at this commitment level may seclude a child who is a
551	physical threat to himself or herself or others.  Mechanical
552	restraint may also be used when necessary.
553	(d)(c)  High-risk residential.--Programs or program models
554	at this commitment level are residential and do shall not allow
555	youth to have access to the community except that, temporary
556	release providing community access for up to 72 continuous hours
557	may be approved by a court for a youth who has made successful
558	progress in his or her program in order for the youth to attend
559	a family emergency or, during the final 60 days of his or her
560	placement, to visit his or her home, enroll in school or a
561	vocational program, complete a job interview, or participate in
562	a community service project. High-risk residential facilities
563	are hardware-secure with perimeter fencing and locking doors.
564	Facilities shall provide 24-hour awake supervision, custody,
565	care, and treatment of residents. Youth assessed and classified
566	for this level of placement require close supervision in a
567	structured residential setting. Placement in programs at this
568	level is prompted by a concern for public safety that outweighs
569	placement in programs at lower commitment levels. The staff at a
570	facility at this commitment level may seclude a child who is a
571	physical threat to himself or herself or others. Mechanical
572	restraint may also be used when necessary. The facility may
573	provide for single cell occupancy.
574	(e)(d)  Maximum-risk residential.--Programs or program
575	models at this commitment level include juvenile correctional
576	facilities and juvenile prisons. The programs are long-term
577	residential and do shall not allow youth to have access to the
578	community. Facilities are maximum-custody hardware-secure with
579	perimeter security fencing and locking doors. Facilities shall
580	provide 24-hour awake supervision, custody, care, and treatment
581	of residents. The staff at a facility at this commitment level
582	may seclude a child who is a physical threat to himself or
583	herself or others. Mechanical restraint may also be used when
584	necessary. The facility shall provide for single cell occupancy,
585	except that youth may be housed together during prerelease
586	transition. Youth assessed and classified for this level of
587	placement require close supervision in a maximum security
588	residential setting. Placement in a program at this level is
589	prompted by a demonstrated need to protect the public.
590	(47)(46)  "Respite" means a placement that is available for
591	the care, custody, and placement of a youth charged with
592	domestic violence as an alternative to secure detention or for
593	placement of a youth when a shelter bed for a child in need of
594	services or a family in need of services is unavailable.
595	(48)(47)  "Secure detention center or facility" means a
596	physically restricting facility for the temporary care of
597	children, pending adjudication, disposition, or placement.
598	(49)(48)  "Serious or habitual juvenile offender," for
599	purposes of commitment to a residential facility and for
600	purposes of records retention, means a child who has been found
601	to have committed a delinquent act or a violation of law, in the
602	case currently before the court, and who meets at least one of
603	the following criteria:
604	(a)  The youth is at least 13 years of age at the time of
605	the disposition for the current offense and has been adjudicated
606	on the current offense for:
607	1.  Arson;
608	2.  Sexual battery;
609	3.  Robbery;
610	4.  Kidnapping;
611	5.  Aggravated child abuse;
612	6.  Aggravated assault;
613	7.  Aggravated stalking;
614	8.  Murder;
615	9.  Manslaughter;
616	10.  Unlawful throwing, placing, or discharging of a
617	destructive device or bomb;
618	11.  Armed burglary;
619	12.  Aggravated battery;
620	13.  Any lewd or lascivious offense committed upon or in
621	the presence of a person less than 16 years of age; or
622	14.  Carrying, displaying, using, threatening, or
623	attempting to use a weapon or firearm during the commission of a
624	felony.
625	(b)  The youth is at least 13 years of age at the time of
626	the disposition, the current offense is a felony, and the child
627	has previously been committed at least two times to a
628	delinquency commitment program.
629	(c)  The youth is at least 13 years of age and is currently
630	committed for a felony offense and transferred from a moderate-
631	risk or high-risk residential commitment placement.
632	(50)(49)  "Serious or habitual juvenile offender program"
633	means the program established in s. 985.31.
634	(51)(50)  "Shelter" means a place for the temporary care of
635	a child who is alleged to be or who has been found to be
636	delinquent.
637	(52)(51)  "Shelter hearing" means a hearing provided for
638	under s. 984.14 in family-in-need-of-services cases or child-in-
639	need-of-services cases.
640	(53)(52)  "Staff-secure shelter" means a facility in which
641	a child is supervised 24 hours a day by staff members who are
642	awake while on duty. The facility is for the temporary care and
643	assessment of a child who has been found to be dependent, who
644	has violated a court order and been found in contempt of court,
645	or whom the Department of Children and Family Services is unable
646	to properly assess or place for assistance within the continuum
647	of services provided for dependent children.
648	(54)(53)  "Substance abuse" means using, without medical
649	reason, any psychoactive or mood-altering drug, including
650	alcohol, in such a manner as to induce impairment resulting in
651	dysfunctional social behavior.
652	(55)(54)  "Taken into custody" means the status of a child
653	immediately when temporary physical control over the child is
654	attained by a person authorized by law, pending the child's
655	release, detention, placement, or other disposition as
656	authorized by law.
657	(56)(55)  "Temporary legal custody" means the relationship
658	that a juvenile court creates between a child and an adult
659	relative of the child, adult non relative approved by the court,
660	or other person until a more permanent arrangement is ordered.
661	Temporary legal custody confers upon the custodian the right to
662	have temporary physical custody of the child and the right and
663	duty to protect, train, and discipline the child and to provide
664	the child with food, shelter, and education, and ordinary
665	medical, dental, psychiatric, and psychological care, unless
666	these rights and duties are otherwise enlarged or limited by the
667	court order establishing the temporary legal custody
668	relationship.
669	(57)(56)  "Temporary release" means the terms and
670	conditions under which a child is temporarily released from a
671	residential commitment facility or allowed home visits. If the
672	temporary release is from a moderate-risk residential facility,
673	a high-risk residential facility, or a maximum-risk residential
674	facility, the terms and conditions of the temporary release must
675	be approved by the child, the court, and the facility. The term
676	includes periods during which the child is supervised pursuant
677	to a conditional release program or a period during which the
678	child is supervised by a juvenile probation officer or other
679	nonresidential staff of the department or staff employed by an
680	entity under contract with the department.
681	(58)(57)  "Training school" means one of the following
682	facilities: the Arthur G. Dozier School or the Eckerd Youth
683	Development Center.
684	(59)(58)  "Violation of law" or "delinquent act" means a
685	violation of any law of this state, the United States, or any
686	other state which is a misdemeanor or a felony or a violation of
687	a county or municipal ordinance which would be punishable by
688	incarceration if the violation were committed by an adult.
689	(60)(59)  "Waiver hearing" means a hearing provided for
690	under s. 985.226(3).
691	Section 2.  Paragraph (d) of subsection (1) of section
692	985.207, Florida Statutes, is amended to read:
693	985.207  Taking a child into custody.--
694	(1)  A child may be taken into custody under the following
695	circumstances:
696	(d)  By a law enforcement officer who has probable cause to
697	believe that the child is in violation of the conditions of the
698	child's probation, home detention, post commitment probation, or
699	conditional release supervision, has absconded from
700	nonresidential commitment, or has escaped from residential
701	commitment.
702
703	Nothing in this subsection shall be construed to allow the
704	detention of a child who does not meet the detention criteria in
705	s. 985.215.
706	Section 3.  Section 985.208, Florida Statutes, is amended
707	to read:
708	985.208  Detention of escapee or absconder on authority of
709	the department.--
710	(1)  If an authorized agent of the department has
711	reasonable grounds to believe that any delinquent child
712	committed to the department has escaped from a residential
713	commitment facility of the department or from being lawfully
714	transported thereto or there from, or has absconded from a
715	nonresidential commitment facility, the agent may take the child
716	into active custody and may deliver the child to the facility
717	or, if it is closer, to a detention center for return to the
718	facility. However, a child may not be held in detention longer
719	than 24 hours, excluding Saturdays, Sundays, and legal holidays,
720	unless a special order so directing is made by the judge after a
721	detention hearing resulting in a finding that detention is
722	required based on the criteria in s. 985.215(2). The order shall
723	state the reasons for such finding. The reasons shall be
724	reviewable by appeal or in habeas corpus proceedings in the
725	district court of appeal.
726	(2)  Any sheriff or other law enforcement officer, upon the
727	request of the secretary of the department or duly authorized
728	agent, shall take a child who has escaped or absconded from a
729	residential commitment department facility for committed
730	delinquent children, or from being lawfully transported thereto
731	or there from, or has absconded from a nonresidential commitment
732	facility, into custody and deliver the child to the appropriate
733	juvenile probation officer of the department.
734	Section 4.  Subsections (2) and (10) of section 985.215,
735	Florida Statutes, are amended to read:
736	985.215  Detention.--
737	(2)  Subject to the provisions of subsection (1), a child
738	taken into custody and placed into nonsecure or home detention
739	care or detained in secure detention care prior to a detention
740	hearing may continue to be detained by the court if:
741	(a)  The child is alleged to be an escapee from a
742	residential commitment program, or an absconder from a
743	nonresidential commitment program, a probation program, or
744	conditional release supervision, or is alleged to have escaped
745	while being lawfully transported to or from a residential
746	commitment such program or supervision.
747	(b)  The child is wanted in another jurisdiction for an
748	offense which, if committed by an adult, would be a felony.
749	(c)  The child is charged with a delinquent act or
750	violation of law and requests in writing through legal counsel
751	to be detained for protection from an imminent physical threat
752	to his or her personal safety.
753	(d)  The child is charged with committing an offense of
754	domestic violence as defined in s. 741.28 and is detained as
755	provided in s. 985.213(2)(b)3.
756	(e)  The child is charged with possession or discharging a
757	firearm on school property in violation of s. 790.115.
758	(f)  The child is charged with a capital felony, a life
759	felony, a felony of the first degree, a felony of the second
760	degree that does not involve a violation of chapter 893, or a
761	felony of the third degree that is also a crime of violence,
762	including any such offense involving the use or possession of a
763	firearm.
764	(g)  The child is charged with any second degree or third
765	degree felony involving a violation of chapter 893 or any third
766	degree felony that is not also a crime of violence, and the
767	child:
768	1.  Has a record of failure to appear at court hearings
769	after being properly notified in accordance with the Rules of
770	Juvenile Procedure;
771	2.  Has a record of law violations prior to court hearings;
772	3.  Has already been detained or has been released and is
773	awaiting final disposition of the case;
774	4.  Has a record of violent conduct resulting in physical
775	injury to others; or
776	5.  Is found to have been in possession of a firearm.
777	(h)  The child is alleged to have violated the conditions
778	of the child's probation or conditional release supervision.
779	However, a child detained under this paragraph may be held only
780	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
781	consequence unit is not available, the child shall be placed on
782	home detention with electronic monitoring.
783	(i)  The child is detained on a judicial order for failure
784	to appear and has previously willfully failed to appear, after
785	proper notice, for an adjudicatory hearing on the same case
786	regardless of the results of the risk assessment instrument. A
787	child may be held in secure detention for up to 72 hours in
788	advance of the next scheduled court hearing pursuant to this
789	paragraph. The child's failure to keep the clerk of court and
790	defense counsel informed of a current and valid mailing address
791	where the child will receive notice to appear at court
792	proceedings does not provide an adequate ground for excusal of
793	the child's nonappearance at the hearings.
794	(j)  The child is detained on a judicial order for failure
795	to appear and has previously willfully failed to appear, after
796	proper notice, at two or more court hearings of any nature on
797	the same case regardless of the results of the risk assessment
798	instrument. A child may be held in secure detention for up to 72
799	hours in advance of the next scheduled court hearing pursuant to
800	this paragraph. The child's failure to keep the clerk of court
801	and defense counsel informed of a current and valid mailing
802	address where the child will receive notice to appear at court
803	proceedings does not provide an adequate ground for excusal of
804	the child's nonappearance at the hearings.
805
806	A child who meets any of these criteria and who is ordered to be
807	detained pursuant to this subsection shall be given a hearing
808	within 24 hours after being taken into custody. The purpose of
809	the detention hearing is to determine the existence of probable
810	cause that the child has committed the delinquent act or
811	violation of law with which he or she is charged and the need
812	for continued detention, except where the child is alleged to
813	have absconded from a nonresidential commitment program in which
814	case the court, at the detention hearing, shall order that the
815	child be released from detention and returned to his or her
816	nonresidential commitment program. Unless a child is detained
817	under paragraph (d) or paragraph (e), the court shall use
818	utilize the results of the risk assessment performed by the
819	juvenile probation officer and, based on the criteria in this
820	subsection, shall determine the need for continued detention. A
821	child placed into secure, nonsecure, or home detention care may
822	continue to be so detained by the court pursuant to this
823	subsection. If the court orders a placement more restrictive
824	than indicated by the results of the risk assessment instrument,
825	the court shall state, in writing, clear and convincing reasons
826	for such placement. Except as provided in s. 790.22(8) or in
827	subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or
828	paragraph (10)(d), when a child is placed into secure or
829	nonsecure detention care, or into a respite home or other
830	placement pursuant to a court order following a hearing, the
831	court order must include specific instructions that direct the
832	release of the child from such placement no later than 5 p.m. on
833	the last day of the detention period specified in paragraph
834	(5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., whichever
835	is applicable, unless the requirements of such applicable
836	provision have been met or an order of continuance has been
837	granted pursuant to paragraph (5)(f).
838	(5)
839	(d)  Except as provided in paragraph (g), a child may not
840	be held in secure, nonsecure, or home detention care for more
841	than 15 days following the entry of an order of adjudication.
842	(g)  Upon good cause being shown that the nature of the
843	charge requires additional time for the prosecution or defense
844	of the case, the court may extend the time limits for detention
845	specified in paragraph (c) an additional 9 days if the child is
846	charged with an offense that would be, if committed by an adult,
847	a capital felony, a life felony, a felony of the first degree,
848	or a felony of the second degree involving violence against any
849	individual.
850	(10)(a)1.  When a child is committed to the Department of
851	Juvenile Justice awaiting dispositional placement, removal of
852	the child from detention care shall occur within 5 days,
853	excluding Saturdays, Sundays, and legal holidays. Any child held
854	in secure detention during the 5 days must meet detention
855	admission criteria pursuant to this section. If the child is
856	committed to a moderate-risk residential program, the department
857	may seek an order from the court authorizing continued detention
858	for a specific period of time necessary for the appropriate
859	residential placement of the child. However, such continued
860	detention in secure detention care may not exceed 15 days after
861	commitment, excluding Saturdays, Sundays, and legal holidays,
862	and except as otherwise provided in this subsection.
863	2.  The court must place all children who are adjudicated
864	and awaiting placement in a residential commitment program in
865	detention care. Children who are in home detention care or
866	nonsecure detention care may be placed on electronic monitoring.
867	(b)  A child who is placed in home detention care,
868	nonsecure detention care, or home or nonsecure detention care
869	with electronic monitoring, while awaiting placement in a
870	minimum-risk, low-risk, or moderate-risk program, may be held in
871	secure detention care for 5 days, if the child violates the
872	conditions of the home detention care, the nonsecure detention
873	care, or the electronic monitoring agreement. For any subsequent
874	violation, the court may impose an additional 5 days in secure
875	detention care.
876	(c)  If the child is committed to a high-risk residential
877	program, the child must be held in detention care until
878	placement or commitment is accomplished.
879	(d)  If the child is committed to a maximum-risk
880	residential program, the child must be held in detention care
881	until placement or commitment is accomplished.
882	(e)  Upon specific appropriation, the department may obtain
883	comprehensive evaluations, including, but not limited to,
884	medical, academic, psychological, behavioral, sociological, and
885	vocational needs of a youth with multiple arrests for all level
886	criminal acts or a youth committed to a minimum-risk or low-risk
887	commitment program.
888	(f)  Regardless of detention status, a child being
889	transported by the department to a residential commitment
890	facility of the department may be placed in secure detention
891	overnight, not to exceed a 24-hour period, for the specific
892	purpose of ensuring the safe delivery of the child to his or her
893	residential commitment program, court, appointment, transfer, or
894	release.
895	Section 5.  Notwithstanding s. 985.2155, Florida Statutes,
896	as amended by ch. 2004-473, Laws of Florida, the state, subject
897	to appropriation, shall pay all costs of detention care for
898	juveniles for Highlands County, Sumter County, and Wakulla
899	County for fiscal year 2005-2006.
900	Section 6.  Paragraphs (a) and (d) of subsection (1) and
901	subsection (2) of section 985.231, Florida Statutes, are amended
902	to read:
903	985.231  Powers of disposition in delinquency cases.--
904	(1)(a)  The court that has jurisdiction of an adjudicated
905	delinquent child may, by an order stating the facts upon which a
906	determination of a sanction and rehabilitative program was made
907	at the disposition hearing:
908	1.  Place the child in a probation program or a
909	postcommitment probation program under the supervision of an
910	authorized agent of the department of Juvenile Justice or of any
911	other person or agency specifically authorized and appointed by
912	the court, whether in the child's own home, in the home of a
913	relative of the child, or in some other suitable place under
914	such reasonable conditions as the court may direct. A probation
915	program for an adjudicated delinquent child must include a
916	penalty component such as restitution in money or in kind,
917	community service, a curfew, revocation or suspension of the
918	driver's license of the child, or other nonresidential
919	punishment appropriate to the offense and must also include a
920	rehabilitative program component such as a requirement of
921	participation in substance abuse treatment or in school or other
922	educational program. If the child is attending or is eligible to
923	attend public school and the court finds that the victim or a
924	sibling of the victim in the case is attending or may attend the
925	same school as the child, the court placement order shall
926	include a finding pursuant to the proceedings described in s.
927	985.23(1)(d). Upon the recommendation of the department at the
928	time of disposition, or subsequent to disposition pursuant to
929	the filing of a petition alleging a violation of the child's
930	conditions of postcommitment probation, the court may order the
931	child to submit to random testing for the purpose of detecting
932	and monitoring the use of alcohol or controlled substances.
933	a.  A restrictiveness level classification scale for levels
934	of supervision shall be provided by the department, taking into
935	account the child's needs and risks relative to probation
936	supervision requirements to reasonably ensure the public safety.
937	Probation programs for children shall be supervised by the
938	department or by any other person or agency specifically
939	authorized by the court. These programs must include, but are
940	not limited to, structured or restricted activities as described
941	in this subparagraph, and shall be designed to encourage the
942	child toward acceptable and functional social behavior. If
943	supervision or a program of community service is ordered by the
944	court, the duration of such supervision or program must be
945	consistent with any treatment and rehabilitation needs
946	identified for the child and may not exceed the term for which
947	sentence could be imposed if the child were committed for the
948	offense, except that the duration of such supervision or program
949	for an offense that is a misdemeanor of the second degree, or is
950	equivalent to a misdemeanor of the second degree, may be for a
951	period not to exceed 6 months. When restitution is ordered by
952	the court, the amount of restitution may not exceed an amount
953	the child and the parent or guardian could reasonably be
954	expected to pay or make. A child who participates in any work
955	program under this part is considered an employee of the state
956	for purposes of liability, unless otherwise provided by law.
957	b.  The court may conduct judicial review hearings for a
958	child placed on probation for the purpose of fostering
959	accountability to the judge and compliance with other
960	requirements, such as restitution and community service. The
961	court may allow early termination of probation for a child who
962	has substantially complied with the terms and conditions of
963	probation.
964	c.  If the conditions of the probation program or the
965	postcommitment probation program are violated, the department or
966	the state attorney may bring the child before the court on a
967	petition alleging a violation of the program. Any child who
968	violates the conditions of probation or postcommitment probation
969	must be brought before the court if sanctions are sought. A
970	child taken into custody under s. 985.207 for violating the
971	conditions of probation or postcommitment probation shall be
972	held in a consequence unit if such a unit is available. The
973	child shall be afforded a hearing within 24 hours after being
974	taken into custody to determine the existence of probable cause
975	that the child violated the conditions of probation or
976	postcommitment probation. A consequence unit is a secure
977	facility specifically designated by the department for children
978	who are taken into custody under s. 985.207 for violating
979	probation or postcommitment probation, or who have been found by
980	the court to have violated the conditions of probation or
981	postcommitment probation. If the violation involves a new charge
982	of delinquency, the child may be detained under s. 985.215 in a
983	facility other than a consequence unit. If the child is not
984	eligible for detention for the new charge of delinquency, the
985	child may be held in the consequence unit pending a hearing and
986	is subject to the time limitations specified in s. 985.215. If
987	the child denies violating the conditions of probation or
988	postcommitment probation, the court shall appoint counsel to
989	represent the child at the child's request. Upon the child's
990	admission, or if the court finds after a hearing that the child
991	has violated the conditions of probation or postcommitment
992	probation, the court shall enter an order revoking, modifying,
993	or continuing probation or postcommitment probation. In each
994	such case, the court shall enter a new disposition order and, in
995	addition to the sanctions set forth in this paragraph, may
996	impose any sanction the court could have imposed at the original
997	disposition hearing. If the child is found to have violated the
998	conditions of probation or postcommitment probation, the court
999	may:
1000	(I)  Place the child in a consequence unit in that judicial
1001	circuit, if available, for up to 5 days for a first violation,
1002	and up to 15 days for a second or subsequent violation.
1003	(II)  Place the child on home detention with electronic
1004	monitoring. However, this sanction may be used only if a
1005	residential consequence unit is not available.
1006	(III)  Modify or continue the child's probation program or
1007	postcommitment probation program.
1008	(IV)  Revoke probation or postcommitment probation and
1009	commit the child to the department.
1010	d.  Notwithstanding s. 743.07 and paragraph (d), and except
1011	as provided in s. 985.31, the term of any order placing a child
1012	in a probation program must be until the child's 19th birthday
1013	unless he or she is released by the court, on the motion of an
1014	interested party or on its own motion.
1015	2.  Commit the child to a licensed child-caring agency
1016	willing to receive the child, but the court may not commit the
1017	child to a jail or to a facility used primarily as a detention
1018	center or facility or shelter.
1019	3.  Commit the child to the department of Juvenile Justice
1020	at a restrictiveness residential commitment level defined in s.
1021	985.03. Such commitment must be for the purpose of exercising
1022	active control over the child, including, but not limited to,
1023	custody, care, training, urine monitoring, and treatment of the
1024	child and release of the child from residential commitment into
1025	the community in a postcommitment nonresidential conditional
1026	release program. If the child is eligible to attend public
1027	school following residential commitment and the court finds that
1028	the victim or a sibling of the victim in the case is or may be
1029	attending the same school as the child, the commitment order
1030	shall include a finding pursuant to the proceedings described in
1031	s. 985.23(1)(d). If the child is not successful in the
1032	conditional release program, the department may use the transfer
1033	procedure under s. 985.404. Notwithstanding s. 743.07 and
1034	paragraph (d), and except as provided in s. 985.31, the term of
1035	the commitment must be until the child is discharged by the
1036	department or until he or she reaches the age of 21.
1037	4.  Revoke or suspend the driver's license of the child.
1038	5.  Require the child and, if the court finds it
1039	appropriate, the child's parent or guardian together with the
1040	child, to render community service in a public service program.
1041	6.  As part of the probation program to be implemented by
1042	the department of Juvenile Justice, or, in the case of a
1043	committed child, as part of the community-based sanctions
1044	ordered by the court at the disposition hearing or before the
1045	child's release from commitment, order the child to make
1046	restitution in money, through a promissory note cosigned by the
1047	child's parent or guardian, or in kind for any damage or loss
1048	caused by the child's offense in a reasonable amount or manner
1049	to be determined by the court. The clerk of the circuit court
1050	shall be the receiving and dispensing agent. In such case, the
1051	court shall order the child or the child's parent or guardian to
1052	pay to the office of the clerk of the circuit court an amount
1053	not to exceed the actual cost incurred by the clerk as a result
1054	of receiving and dispensing restitution payments. The clerk
1055	shall notify the court if restitution is not made, and the court
1056	shall take any further action that is necessary against the
1057	child or the child's parent or guardian. A finding by the court,
1058	after a hearing, that the parent or guardian has made diligent
1059	and good faith efforts to prevent the child from engaging in
1060	delinquent acts absolves the parent or guardian of liability for
1061	restitution under this subparagraph.
1062	7.  Order the child and, if the court finds it appropriate,
1063	the child's parent or guardian together with the child, to
1064	participate in a community work project, either as an
1065	alternative to monetary restitution or as part of the
1066	rehabilitative or probation program.
1067	8.  Commit the child to the department of Juvenile Justice
1068	for placement in a program or facility for serious or habitual
1069	juvenile offenders in accordance with s. 985.31. Any commitment
1070	of a child to a program or facility for serious or habitual
1071	juvenile offenders must be for an indeterminate period of time,
1072	but the time may not exceed the maximum term of imprisonment
1073	that an adult may serve for the same offense. The court may
1074	retain jurisdiction over such child until the child reaches the
1075	age of 21, specifically for the purpose of the child completing
1076	the program.
1077	9.  In addition to the sanctions imposed on the child,
1078	order the parent or guardian of the child to perform community
1079	service if the court finds that the parent or guardian did not
1080	make a diligent and good faith effort to prevent the child from
1081	engaging in delinquent acts. The court may also order the parent
1082	or guardian to make restitution in money or in kind for any
1083	damage or loss caused by the child's offense. The court shall
1084	determine a reasonable amount or manner of restitution, and
1085	payment shall be made to the clerk of the circuit court as
1086	provided in subparagraph 6.
1087	10.  Subject to specific appropriation, commit the juvenile
1088	sexual offender to the department of Juvenile Justice for
1089	placement in a program or facility for juvenile sexual offenders
1090	in accordance with s. 985.308. Any commitment of a juvenile
1091	sexual offender to a program or facility for juvenile sexual
1092	offenders must be for an indeterminate period of time, but the
1093	time may not exceed the maximum term of imprisonment that an
1094	adult may serve for the same offense. The court may retain
1095	jurisdiction over a juvenile sexual offender until the juvenile
1096	sexual offender reaches the age of 21, specifically for the
1097	purpose of completing the program.
1098	(d)  Any commitment of a delinquent child to the department
1099	of Juvenile Justice must be for an indeterminate period of time,
1100	which may include periods of temporary release; however, but the
1101	period of time may not exceed the maximum term of imprisonment
1102	that an adult may serve for the same offense, except that the
1103	duration of a minimum-risk nonresidential commitment for an
1104	offense that is a misdemeanor of the second degree, or is
1105	equivalent to a misdemeanor of the second degree, may be for a
1106	period not to exceed 6 months. The duration of the child's
1107	placement in a residential commitment program of any
1108	restrictiveness level shall be based on objective performance-
1109	based treatment planning. The child's treatment plan progress
1110	and adjustment-related issues shall be reported to the court
1111	quarterly, unless the court requests monthly reports each month.
1112	The child's length of stay in a residential commitment program
1113	may be extended if the child fails to comply with or participate
1114	in treatment activities. The child's length of stay in the such
1115	program shall not be extended for purposes of sanction or
1116	punishment. Any temporary release from such program must be
1117	approved by the court. Any child so committed may be discharged
1118	from institutional confinement or a program upon the direction
1119	of the department with the concurrence of the court. The child's
1120	treatment plan progress and adjustment-related issues must be
1121	communicated to the court at the time the department requests
1122	the court to consider releasing the child from the residential
1123	commitment program. Notwithstanding s. 743.07 and this
1124	subsection, and except as provided in ss. 985.201 and 985.31, a
1125	child may not be held under a commitment from a court under
1126	pursuant to this section after becoming 21 years of age. The
1127	department shall give the court that committed the child to the
1128	department reasonable notice, in writing, of its desire to
1129	discharge the child from a commitment facility. The court that
1130	committed the child may thereafter accept or reject the request.
1131	If the court does not respond within 10 days after receipt of
1132	the notice, the request of the department shall be deemed
1133	granted. This section does not limit the department's authority
1134	to revoke a child's temporary release status and return the
1135	child to a commitment facility for any violation of the terms
1136	and conditions of the temporary release.
1137	(2)  Following a delinquency adjudicatory hearing pursuant
1138	to s. 985.228 and a delinquency disposition hearing pursuant to
1139	s. 985.23 which results in a commitment determination, the court
1140	shall, on its own or upon request by the state or the
1141	department, determine whether the protection of the public
1142	requires that the child be placed in a program for serious or
1143	habitual juvenile offenders and whether the particular needs of
1144	the child would be best served by a program for serious or
1145	habitual juvenile offenders as provided in s. 985.31. The
1146	determination shall be made pursuant to ss. 985.03(49)(48) and
1147	985.23(3).
1148	Section 7.  Paragraph (a) of subsection (1) of section
1149	985.2311, Florida Statutes, is amended to read:
1150	985.2311  Cost of supervision; cost of care.--
1151	(1)  Except as provided in subsection (3) or subsection
1152	(4):
1153	(a)  When any child is placed into home detention,
1154	probation, or other supervision status with the department of
1155	Juvenile Justice, or is committed to the minimum-risk
1156	nonresidential restrictiveness level, the court shall order the
1157	parent of such child to pay to the department a fee for the cost
1158	of the supervision of such child in the amount of $1 per day for
1159	each day that the child is in such supervision status.
1160	Section 8.  Subsection (3) of section 985.316, Florida
1161	Statutes, is amended to read:
1162	985.316  Conditional release.--
1163	(3)  For juveniles referred or committed to the department,
1164	the function of the department may include, but shall not be
1165	limited to, assessing each committed juvenile placed in a
1166	residential commitment program to determine the need for
1167	conditional release services upon release from the a commitment
1168	program, supervising the juvenile when released into the
1169	community from a residential commitment facility of the
1170	department, providing such counseling and other services as may
1171	be necessary for the families and assisting their preparations
1172	for the return of the child. Subject to specific appropriation,
1173	the department shall provide for outpatient sexual offender
1174	counseling for any juvenile sexual offender released from a
1175	residential commitment program as a component of conditional
1176	release.
1177	Section 9.  Section 985.403, Florida Statutes, is repealed.
1178	Section 10.  Task Force on Juvenile Sexual Offenders and
1179	their Victims.--
1180	(1)  On or before August 1, 2005, there shall be created a
1181	task force to review and evaluate the state's laws that define
1182	and address juvenile sex offenders and the Department of
1183	Juvenile Justice's practices and procedures for serving these
1184	offenders and their victims. The task force shall make findings
1185	that include, but are not limited to: identification of statutes
1186	that address juvenile sexual offenders; a profile of the acts
1187	committed by each juvenile placed in juvenile sexual offender
1188	programming in this state between July 2000 and June 2005 and an
1189	assessment of the appropriateness of those placements based upon
1190	the acts committed; identification of community-based and
1191	residential commitment programming available for juvenile sexual
1192	offenders and an assessment of such programming's effectiveness;
1193	and identification of qualifications required for staff who
1194	serve juvenile sexual offenders. Based on its findings, the task
1195	force shall make recommendations for the improvement of the
1196	state's laws, policies, programs, and funding for juvenile
1197	sexual offenders, and such recommendations shall specifically
1198	include, but are not limited to, identification of criteria that
1199	should be satisfied prior to placement of a juvenile in juvenile
1200	sexual offender programming.
1201	(2)  The Governor shall appoint up to 12 members to the
1202	task force. The task force shall be composed of representatives
1203	who shall include, but are not limited to: a circuit court judge
1204	with at least 1 year's experience in the juvenile division, a
1205	state attorney with at least 1 year's experience in the juvenile
1206	division, a public defender with at least 1 year's experience in
1207	the juvenile division, one representative of the Department of
1208	Juvenile Justice, two representatives of providers of juvenile
1209	sexual offender services, one member of the Florida Juvenile
1210	Justice Association, one member of the Florida Association for
1211	the Treatment of Sexual Abusers, and one victim of a juvenile
1212	sexual offense.
1213	(3)  The task force shall submit a written report of its
1214	findings and recommendations to the Governor, the President of
1215	the Senate, and the Speaker of the House of Representatives by
1216	December 1, 2005.
1217	(4)  Administrative support for the task force shall be
1218	provided by the Department of Juvenile Justice. Members of the
1219	task force shall receive no salary from the state beyond the
1220	salary already received from their sponsoring agency, if any,
1221	and are not entitled to reimbursement for travel and per diem
1222	expenses.
1223	(5)  The task force shall be dissolved upon submission of
1224	its report.
1225	Section 11.  Task force to study certification for juvenile
1226	justice provider staff.--
1227	(1)  On or before August 1, 2005, there shall be created a
1228	task force to study the feasibility of establishing a
1229	certification process for staff employed by a provider under
1230	contract with the Department of Juvenile Justice to provide
1231	juvenile justice services to youth.
1232	(2)  The Governor shall appoint up to 12 members to the
1233	task force. The task force shall be composed of representatives
1234	who shall include, but are not limited to, the following: two
1235	representatives of the Department of Juvenile Justice, two
1236	representatives of providers of juvenile justice services, two
1237	members of the Florida Juvenile Justice Association, two
1238	provider employees who provide direct care services, and two
1239	representatives of the Florida Certification Board.
1240	(3)  The task force shall consider the feasibility of
1241	implementing and operating a certification system for staff who
1242	work in juvenile justice facilities, services, or programs. At a
1243	minimum, the task force shall consider and make recommendations
1244	concerning: per diem levels, the occupational levels of staff
1245	subject to certification, the criteria that may be used to
1246	certify staff, the levels of certification, and a process for
1247	testing and validating the effectiveness of any recommended
1248	staff certification system. In making its recommendations, the
1249	task force shall make findings regarding the benefits of a staff
1250	certification system for the state's juvenile justice
1251	programming and the cost to implement such a system.
1252	(4)  The task force shall submit a written report of its
1253	findings and recommendations to the Governor, the President of
1254	the Senate, and the Speaker of the House of Representatives by
1255	January 1, 2006.
1256	(5)  Administrative support for the task force shall be
1257	provided by the Department of Juvenile Justice. Members of the
1258	task force shall receive no salary from the state beyond the
1259	salary already received from their sponsoring agency, if any,
1260	and are not entitled to reimbursement for travel and per diem
1261	expenses.
1262	(6)  The task force shall be dissolved upon submission of
1263	its report.
1264	Section 12.  Subsection (10) of section 985.4135, Florida
1265	Statutes, is amended to read:
1266	985.4135  Juvenile justice circuit boards and juvenile
1267	justice county councils.--
1268	(10)  Membership of the juvenile justice county councils,
1269	or juvenile justice circuit boards established under subsection
1270	(9), may must include representatives from the following
1271	entities:
1272	(a)  Representatives from the school district, which may
1273	include elected school board officials, the school
1274	superintendent, school or district administrators, teachers, and
1275	counselors.
1276	(b)  Representatives of the board of county commissioners.
1277	(c)  Representatives of the governing bodies of local
1278	municipalities within the county.
1279	(d)  A representative of the corresponding circuit or
1280	regional entity of the Department of Children and Family
1281	Services.
1282	(e)  Representatives of local law enforcement agencies,
1283	including the sheriff or the sheriff's designee.
1284	(f)  Representatives of the judicial system.
1285	(g)  Representatives of the business community.
1286	(h)  Representatives of other interested officials, groups,
1287	or entities, including, but not limited to, a children's
1288	services council, public or private providers of juvenile
1289	justice programs and services, students, parents, and advocates.
1290	Private providers of juvenile justice programs may not exceed
1291	one-third of the voting membership.
1292	(i)  Representatives of the faith community.
1293	(j)  Representatives of victim-service programs and victims
1294	of crimes.
1295	(k)  Representatives of the Department of Corrections.
1296	Section 13.  Subsection (4) of section 985.407, Florida
1297	Statutes, is amended to read:
1298	985.407  Departmental contracting powers; personnel
1299	standards and screening.--
1300	(4)(a)  For any person employed by the department, or by a
1301	provider under contract with the department, in delinquency
1302	facilities, services, or programs, the department shall require:
1303	1.  A level 2 employment screening pursuant to chapter 435
1304	prior to employment, using the level 1 standards for screening
1305	set forth in that chapter, for personnel in delinquency
1306	facilities, services, and programs.
1307	2.  A federal criminal records check by the Federal Bureau
1308	of Investigation every 5 years following the date of the
1309	person's employment.
1310	(b)  Except for law enforcement, correctional, and
1311	correctional probation officers, to whom s. 943.13(5) applies,
1312	the department shall electronically submit to the Department of
1313	Law Enforcement:
1314	1.  Fingerprint information obtained during the employment
1315	screening required by subparagraph (a)1.
1316	2.  Beginning on December 15, 2005, fingerprint information
1317	for all persons employed by the department, or by a provider
1318	under contract with the department, in delinquency facilities,
1319	services, or programs if such fingerprint information has not
1320	previously been electronically submitted to the Department of
1321	Law Enforcement under this paragraph.
1322	(c)  All fingerprint information electronically submitted
1323	to the Department of Law Enforcement under paragraph (b) shall
1324	be retained by the Department of Law Enforcement and entered
1325	into the statewide automated fingerprint identification system
1326	authorized by s. 943.05(2)(b). Thereafter, such fingerprint
1327	information shall be available for all purposes and uses
1328	authorized for arrest fingerprint information entered into the
1329	statewide automated fingerprint identification system pursuant
1330	to s. 943.051 until the fingerprint information is removed
1331	pursuant to paragraph (e). The Department of Law Enforcement
1332	shall search all arrest fingerprint information received
1333	pursuant to s. 943.051 against the fingerprint information
1334	entered into the statewide automated fingerprint system pursuant
1335	to this subsection. Any arrest records identified as a result of
1336	the search shall be reported to the department in the manner and
1337	timeframe established by the Department of Law Enforcement by
1338	rule.
1339	(d)  The department shall pay an annual fee to the
1340	Department of Law Enforcement for its costs resulting from the
1341	fingerprint information retention services required by this
1342	subsection. The amount of the annual fee and procedures for the
1343	submission and retention of fingerprint information and for the
1344	dissemination of search results shall be established by the
1345	Department of Law Enforcement by a rule that is applicable to
1346	the department individually pursuant to this subsection or that
1347	is applicable to the department and other employing agencies
1348	pursuant to rulemaking authority otherwise provided by law.
1349	(e)  The department shall notify the Department of Law
1350	Enforcement when a person whose fingerprint information is
1351	retained by the Department of Law Enforcement under this
1352	subsection is no longer employed by the department, or by a
1353	provider under contract with the department, in a delinquency
1354	facility, service, or program. This notice shall be provided by
1355	the department to the Department of Law Enforcement no later
1356	than 6 months after the date of the change in the person's
1357	employment status. Fingerprint information for persons
1358	identified by the department in the notice shall be removed from
1359	the statewide automated fingerprint system.
1360	Section 14.  The sums of $36,834 in recurring funds and
1361	$86,407 in nonrecurring funds are appropriated from the General
1362	Revenue Fund to the Department of Juvenile Justice for expenses
1363	for the 2005-2006 fiscal year. The sum of $133,335 in recurring
1364	funds is appropriated from the Administrative Trust Fund to the
1365	Department of Juvenile Justice for expenses for the 2005-2006
1366	fiscal year.
1367	Section 15.  Section 784.075, Florida Statutes, is amended
1368	to read:
1369	784.075  Battery on detention or commitment facility staff
1370	or a juvenile probation officer.--A person who commits a battery
1371	on a juvenile probation officer, as defined in s. 984.03 or s.
1372	985.03, on other staff of a detention center or facility as
1373	defined in s. 984.03(19) or s. 985.03(19), or on a staff member
1374	of a commitment facility as defined in s. 985.03(45), commits a
1375	felony of the third degree, punishable as provided in s.
1376	775.082, s. 775.083, or s. 775.084. For purposes of this
1377	section, a staff member of the facilities listed includes
1378	persons employed by the Department of Juvenile Justice, persons
1379	employed at facilities licensed by the Department of Juvenile
1380	Justice, and persons employed at facilities operated under a
1381	contract with the Department of Juvenile Justice.
1382	Section 16.  Section 984.05, Florida Statutes, is amended
1383	to read:
1384	984.05  Rules relating to habitual truants; adoption by
1385	State Board of Education and Department of Juvenile
1386	Justice.--The Department of Juvenile Justice and the State Board
1387	of Education shall work together on the development of, and
1388	shall adopt, rules as necessary for the implementation of ss.
1389	984.03(27), 985.03(26)(25), and 1003.27.
1390	Section 17.  Paragraph (e) of subsection (3) and paragraph
1391	(a) of subsection (4) of section 985.31, Florida Statutes, are
1392	amended, and for the purpose of incorporating the amendment to
1393	section 985.231, Florida Statutes, in references thereto,
1394	paragraph (k) of subsection (3) of said section is reenacted to
1395	read:
1396	985.31  Serious or habitual juvenile offender.--
1397	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1398	TREATMENT.--
1399	(e)  After a child has been adjudicated delinquent pursuant
1400	to s. 985.228, the court shall determine whether the child meets
1401	the criteria for a serious or habitual juvenile offender
1402	pursuant to s. 985.03(49)(48). If the court determines that the
1403	child does not meet such criteria, the provisions of s.
1404	985.231(1) shall apply.
1405	(k)  Any commitment of a child to the department for
1406	placement in a serious or habitual juvenile offender program or
1407	facility shall be for an indeterminate period of time, but the
1408	time shall not exceed the maximum term of imprisonment which an
1409	adult may serve for the same offense. Notwithstanding the
1410	provisions of ss. 743.07 and 985.231(1)(d), a serious or
1411	habitual juvenile offender shall not be held under commitment
1412	from a court pursuant to this section, s. 985.231, or s. 985.233
1413	after becoming 21 years of age. This provision shall apply only
1414	for the purpose of completing the serious or habitual juvenile
1415	offender program pursuant to this chapter and shall be used
1416	solely for the purpose of treatment.
1417	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1418	(a)  Pursuant to the provisions of this section, the
1419	department shall implement the comprehensive assessment
1420	instrument for the treatment needs of serious or habitual
1421	juvenile offenders and for the assessment, which assessment
1422	shall include the criteria under s. 985.03(49)(48) and shall
1423	also include, but not be limited to, evaluation of the child's:
1424	1.  Amenability to treatment.
1425	2.  Proclivity toward violence.
1426	3.  Tendency toward gang involvement.
1427	4.  Substance abuse or addiction and the level thereof.
1428	5.  History of being a victim of child abuse or sexual
1429	abuse, or indication of sexual behavior dysfunction.
1430	6.  Number and type of previous adjudications, findings of
1431	guilt, and convictions.
1432	7.  Potential for rehabilitation.
1433	Section 18.  Subsection (2) of section 985.3141, Florida
1434	Statutes, is amended to read:
1435	985.3141  Escapes from secure detention or residential
1436	commitment facility.--An escape from:
1437	(2)  Any residential commitment facility described in s.
1438	985.03(46)(45), maintained for the custody, treatment,
1439	punishment, or rehabilitation of children found to have
1440	committed delinquent acts or violations of law; or
1441
1442	constitutes escape within the intent and meaning of s. 944.40
1443	and is a felony of the third degree, punishable as provided in
1444	s. 775.082, s. 775.083, or s. 775.084.
1445	Section 19.  For the purpose of incorporating the amendment
1446	to section 985.231, Florida Statutes, in a reference thereto,
1447	paragraph (a) of subsection (4) of section 985.201, Florida
1448	Statutes, is reenacted to read:
1449	985.201  Jurisdiction.--
1450	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1451	985.231, and except as provided in ss. 985.31 and 985.313, when
1452	the jurisdiction of any child who is alleged to have committed a
1453	delinquent act or violation of law is obtained, the court shall
1454	retain jurisdiction, unless relinquished by its order, until the
1455	child reaches 19 years of age, with the same power over the
1456	child that the court had prior to the child becoming an adult.
1457	Section 20.  For the purpose of incorporating the amendment
1458	to section 985.231, Florida Statutes, in a reference thereto,
1459	paragraph (b) of subsection (4) of section 985.233, Florida
1460	Statutes, is reenacted to read:
1461	985.233  Sentencing powers; procedures; alternatives for
1462	juveniles prosecuted as adults.--
1463	(4)  SENTENCING ALTERNATIVES.--
1464	(b)  Sentencing to juvenile sanctions.--For juveniles
1465	transferred to adult court but who do not qualify for such
1466	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1467	(b), the court may impose juvenile sanctions under this
1468	paragraph. If juvenile sentences are imposed, the court shall,
1469	pursuant to this paragraph, adjudge the child to have committed
1470	a delinquent act. Adjudication of delinquency shall not be
1471	deemed a conviction, nor shall it operate to impose any of the
1472	civil disabilities ordinarily resulting from a conviction. The
1473	court shall impose an adult sanction or a juvenile sanction and
1474	may not sentence the child to a combination of adult and
1475	juvenile punishments. An adult sanction or a juvenile sanction
1476	may include enforcement of an order of restitution or probation
1477	previously ordered in any juvenile proceeding. However, if the
1478	court imposes a juvenile sanction and the department determines
1479	that the sanction is unsuitable for the child, the department
1480	shall return custody of the child to the sentencing court for
1481	further proceedings, including the imposition of adult
1482	sanctions. Upon adjudicating a child delinquent under subsection
1483	(1), the court may:
1484	1.  Place the child in a probation program under the
1485	supervision of the department for an indeterminate period of
1486	time until the child reaches the age of 19 years or sooner if
1487	discharged by order of the court.
1488	2.  Commit the child to the department for treatment in an
1489	appropriate program for children for an indeterminate period of
1490	time until the child is 21 or sooner if discharged by the
1491	department. The department shall notify the court of its intent
1492	to discharge no later than 14 days prior to discharge. Failure
1493	of the court to timely respond to the department's notice shall
1494	be considered approval for discharge.
1495	3.  Order disposition pursuant to s. 985.231 as an
1496	alternative to youthful offender or adult sentencing if the
1497	court determines not to impose youthful offender or adult
1498	sanctions.
1499
1500	It is the intent of the Legislature that the criteria and
1501	guidelines in this subsection are mandatory and that a
1502	determination of disposition under this subsection is subject to
1503	the right of the child to appellate review under s. 985.234.
1504	Section 21.  For the purpose of incorporating the amendment
1505	to section 985.231, Florida Statutes, in a reference thereto,
1506	paragraph (e) of subsection (3) of section 985.311, Florida
1507	Statutes, is reenacted to read:
1508	985.311  Intensive residential treatment program for
1509	offenders less than 13 years of age.--
1510	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1511	TREATMENT.--
1512	(e)  After a child has been adjudicated delinquent pursuant
1513	to s. 985.228(5), the court shall determine whether the child is
1514	eligible for an intensive residential treatment program for
1515	offenders less than 13 years of age pursuant to s. 985.03(7). If
1516	the court determines that the child does not meet the criteria,
1517	the provisions of s. 985.231(1) shall apply.
1518	Section 22.  This act shall take effect July 1, 2005.

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