Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1978
                        Barcode 550316
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (Crist) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 985.03, Florida Statutes, is
19  amended to read:
20         985.03  Definitions.--As When used in this chapter, the
21  term:
22         (1)  "Addictions receiving facility" means a substance
23  abuse service provider as defined in chapter 397.
24         (2)  "Adjudicatory hearing" means a hearing for the
25  court to determine whether or not the facts support the
26  allegations stated in the petition, as is provided for under
27  s. 985.228 in delinquency cases.
28         (3)  "Adult" means any natural person other than a
29  child.
30         (4)  "Arbitration" means a process whereby a neutral
31  third person or panel, called an arbitrator or an arbitration
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 panel, considers the facts and arguments presented by the 2 parties and renders a decision which may be binding or 3 nonbinding. 4 (5) "Authorized agent" or "designee" of the department 5 means a person or agency assigned or designated by the 6 department of Juvenile Justice or the Department of Children 7 and Family Services, as appropriate, to perform duties or 8 exercise powers under pursuant to this chapter and includes 9 contract providers and their employees for purposes of 10 providing services to and managing cases of children in need 11 of services and families in need of services. 12 (6) "Child" or "juvenile" or "youth" means any 13 unmarried person under the age of 18 who has not been 14 emancipated by order of the court and who has been found or 15 alleged to be dependent, in need of services, or from a family 16 in need of services; or any married or unmarried person who is 17 charged with a violation of law occurring prior to the time 18 that person reached the age of 18 years. 19 (7) "Child eligible for an intensive residential 20 treatment program for offenders less than 13 years of age" 21 means a child who has been found to have committed a 22 delinquent act or a violation of law in the case currently 23 before the court and who meets at least one of the following 24 criteria: 25 (a) The child is less than 13 years of age at the time 26 of the disposition for the current offense and has been 27 adjudicated on the current offense for: 28 1. Arson; 29 2. Sexual battery; 30 3. Robbery; 31 4. Kidnapping; 2 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 5. Aggravated child abuse; 2 6. Aggravated assault; 3 7. Aggravated stalking; 4 8. Murder; 5 9. Manslaughter; 6 10. Unlawful throwing, placing, or discharging of a 7 destructive device or bomb; 8 11. Armed burglary; 9 12. Aggravated battery; 10 13. Any lewd or lascivious offense committed upon or 11 in the presence of a person less than 16 years of age; or 12 14. Carrying, displaying, using, threatening, or 13 attempting to use a weapon or firearm during the commission of 14 a felony. 15 (b) The child is less than 13 years of age at the time 16 of the disposition, the current offense is a felony, and the 17 child has previously been committed at least once to a 18 delinquency commitment program. 19 (c) The child is less than 13 years of age and is 20 currently committed for a felony offense and transferred from 21 a moderate-risk or high-risk residential commitment placement. 22 (8) "Child in need of services" means a child for whom 23 there is no pending investigation into an allegation or 24 suspicion of abuse, neglect, or abandonment; no pending 25 referral alleging the child is delinquent; or no current 26 supervision by the department of Juvenile Justice or the 27 Department of Children and Family Services for an adjudication 28 of dependency or delinquency. The child must also, under 29 pursuant to this chapter, be found by the court: 30 (a) To have persistently run away from the child's 31 parents or legal custodians despite reasonable efforts of the 3 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 child, the parents or legal custodians, and appropriate 2 agencies to remedy the conditions contributing to the 3 behavior. Reasonable efforts shall include voluntary 4 participation by the child's parents or legal custodians and 5 the child in family mediation, services, and treatment offered 6 by the department of Juvenile Justice or the Department of 7 Children and Family Services; 8 (b) To be habitually truant from school, while subject 9 to compulsory school attendance, despite reasonable efforts to 10 remedy the situation under pursuant to ss. 1003.26 and 1003.27 11 and through voluntary participation by the child's parents or 12 legal custodians and by the child in family mediation, 13 services, and treatment offered by the Department of Juvenile 14 Justice or the Department of Children and Family Services; or 15 (c) To have persistently disobeyed the reasonable and 16 lawful demands of the child's parents or legal custodians, and 17 to be beyond their control despite efforts by the child's 18 parents or legal custodians and appropriate agencies to remedy 19 the conditions contributing to the behavior. Reasonable 20 efforts may include such things as good faith participation in 21 family or individual counseling. 22 (9) "Child who has been found to have committed a 23 delinquent act" means a child who, under pursuant to the 24 provisions of this chapter, is found by a court to have 25 committed a violation of law or to be in direct or indirect 26 contempt of court, except that this definition does shall not 27 include an act constituting contempt of court arising out of a 28 dependency proceeding or a proceeding under pursuant to part 29 III of this chapter. 30 (10) "Child support" means a court-ordered obligation, 31 enforced under chapter 61 and ss. 409.2551-409.2597, for 4 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 monetary support for the care, maintenance, training, and 2 education of a child. 3 (11) "Circuit" means any of the 20 judicial circuits 4 as set forth in s. 26.021. 5 (12) "Comprehensive assessment" or "assessment" means 6 the gathering of information for the evaluation of a juvenile 7 offender's or a child's physical, psychological, educational, 8 vocational, and social condition and family environment as 9 they relate to the child's need for rehabilitative and 10 treatment services, including substance abuse treatment 11 services, mental health services, developmental services, 12 literacy services, medical services, family services, and 13 other specialized services, as appropriate. 14 (13) "Conditional release" means the care, treatment, 15 help, and supervision provided to a juvenile released from a 16 residential commitment program which is intended to promote 17 rehabilitation and prevent recidivism. The purpose of 18 conditional release is to protect the public, reduce 19 recidivism, increase responsible productive behavior, and 20 provide for a successful transition of the youth from the 21 department to the family. Conditional release includes, but is 22 not limited to, nonresidential community-based programs. 23 (14) "Court," unless otherwise expressly stated, means 24 the circuit court assigned to exercise jurisdiction under this 25 chapter. 26 (15) "Day treatment" means a nonresidential, 27 community-based program designed to provide therapeutic 28 intervention to youth who are placed on probation or 29 conditional release or are committed to the minimum-risk 30 nonresidential level. A day treatment program may provide 31 educational and vocational services and shall provide 5 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 case-managment services; individual, group, and family 2 counseling; training designed to address delinquency risk 3 factors; and monitoring of a youth's compliance with, and 4 facilitation of a youth's completion of, sanctions if ordered 5 by the court. Program types may include, but are not limited 6 to, career programs, marine programs, juvenile justice 7 alternative schools, training and rehabilitation programs, and 8 gender-specific programs. 9 (16)(a)(15)(a) "Delinquency program" means any intake, 10 probation, or similar program; regional detention center or 11 facility; or community-based program, whether owned and 12 operated by or contracted by the department of Juvenile 13 Justice, or institution owned and operated by or contracted by 14 the department of Juvenile Justice, which provides intake, 15 supervision, or custody and care of children who are alleged 16 to be or who have been found to be delinquent under pursuant 17 to part II. 18 (b) "Delinquency program staff" means supervisory and 19 direct care staff of a delinquency program as well as support 20 staff who have direct contact with children in a delinquency 21 program. 22 (c) "Delinquency prevention programs" means programs 23 designed for the purpose of reducing the occurrence of 24 delinquency, including youth and street gang activity, and 25 juvenile arrests. The term excludes arbitration, diversionary 26 or mediation programs, and community service work or other 27 treatment available subsequent to a child committing a 28 delinquent act. 29 (17)(16) "Department" means the Department of Juvenile 30 Justice. 31 (18)(17) "Designated facility" or "designated 6 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 treatment facility" means any facility designated by the 2 department of Juvenile Justice to provide treatment to 3 juvenile offenders. 4 (19)(18) "Detention care" means the temporary care of 5 a child in secure, nonsecure, or home detention, pending a 6 court adjudication or disposition or execution of a court 7 order. There are three types of detention care, as follows: 8 (a) "Secure detention" means temporary custody of the 9 child while the child is under the physical restriction of a 10 detention center or facility pending adjudication, 11 disposition, or placement. 12 (b) "Nonsecure detention" means temporary custody of 13 the child while the child is in a residential home in the 14 community in a physically nonrestrictive environment under the 15 supervision of the Department of Juvenile Justice pending 16 adjudication, disposition, or placement. 17 (c) "Home detention" means temporary custody of the 18 child while the child is released to the custody of the 19 parent, guardian, or custodian in a physically nonrestrictive 20 environment under the supervision of the department of 21 Juvenile Justice staff pending adjudication, disposition, or 22 placement. 23 (20)(19) "Detention center or facility" means a 24 facility used pending court adjudication or disposition or 25 execution of court order for the temporary care of a child 26 alleged or found to have committed a violation of law. A 27 detention center or facility may provide secure or nonsecure 28 custody. A facility used for the commitment of adjudicated 29 delinquents shall not be considered a detention center or 30 facility. 31 (21)(20) "Detention hearing" means a hearing for the 7 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 court to determine if a child should be placed in temporary 2 custody, as provided for under ss. 985.213 and 985.215 in 3 delinquency cases. 4 (22)(21) "Disposition hearing" means a hearing in 5 which the court determines the most appropriate dispositional 6 services in the least restrictive available setting provided 7 for under s. 985.231, in delinquency cases. 8 (23)(22) "Family" means a collective of persons, 9 consisting of a child and a parent, guardian, adult custodian, 10 or adult relative, in which: 11 (a) The persons reside in the same house or living 12 unit; or 13 (b) The parent, guardian, adult custodian, or adult 14 relative has a legal responsibility by blood, marriage, or 15 court order to support or care for the child. 16 (24)(23) "Family in need of services" means a family 17 that has a child for whom there is no pending investigation 18 into an allegation of abuse, neglect, or abandonment or no 19 current supervision by the department of Juvenile Justice or 20 the Department of Children and Family Services for an 21 adjudication of dependency or delinquency. The child must also 22 have been referred to a law enforcement agency or the 23 department of Juvenile Justice for: 24 (a) Running away from parents or legal custodians; 25 (b) Persistently disobeying reasonable and lawful 26 demands of parents or legal custodians, and being beyond their 27 control; or 28 (c) Habitual truancy from school. 29 (25)(24) "Foster care" means care provided a child in 30 a foster family or boarding home, group home, agency boarding 31 home, child care institution, or any combination thereof. 8 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 (26)(25) "Habitually truant" means that: 2 (a) The child has 15 unexcused absences within 90 3 calendar days with or without the knowledge or justifiable 4 consent of the child's parent or legal guardian, is subject to 5 compulsory school attendance under s. 1003.21(1) and (2)(a), 6 and is not exempt under s. 1003.21(3), s. 1003.24, or any 7 other exemptions specified by law or the rules of the State 8 Board of Education. 9 (b) Escalating activities to determine the cause, and 10 to attempt the remediation, of the child's truant behavior 11 under ss. 1003.26 and 1003.27 have been completed. 12 13 If a child who is subject to compulsory school attendance is 14 responsive to the interventions described in ss. 1003.26 and 15 1003.27 and has completed the necessary requirements to pass 16 the current grade as indicated in the district pupil 17 progression plan, the child shall not be determined to be 18 habitually truant and shall be passed. If a child within the 19 compulsory school attendance age has 15 unexcused absences 20 within 90 calendar days or fails to enroll in school, the 21 state attorney may file a child-in-need-of-services petition. 22 Before Prior to filing a petition, the child must be referred 23 to the appropriate agency for evaluation. After consulting 24 with the evaluating agency, the state attorney may elect to 25 file a child-in-need-of-services petition. 26 (c) A school representative, designated according to 27 school board policy, and a juvenile probation officer of the 28 department of Juvenile Justice have jointly investigated the 29 truancy problem or, if that was not feasible, have performed 30 separate investigations to identify conditions that could be 31 contributing to the truant behavior; and if, after a joint 9 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 staffing of the case to determine the necessity for services, 2 such services were determined to be needed, the persons who 3 performed the investigations met jointly with the family and 4 child to discuss any referral to appropriate community 5 agencies for economic services, family or individual 6 counseling, or other services required to remedy the 7 conditions that are contributing to the truant behavior. 8 (d) The failure or refusal of the parent or legal 9 guardian or the child to participate, or make a good faith 10 effort to participate, in the activities prescribed to remedy 11 the truant behavior, or the failure or refusal of the child to 12 return to school after participation in activities required by 13 this subsection, or the failure of the child to stop the 14 truant behavior after the school administration and the 15 department of Juvenile Justice have worked with the child as 16 described in s. 1003.27(3) shall be handled as prescribed in 17 s. 1003.27. 18 (27)(26) "Halfway house" means a community-based 19 residential program for 10 or more committed delinquents at 20 the moderate-risk commitment level which is operated or 21 contracted by the department of Juvenile Justice. 22 (28)(27) "Intake" means the initial acceptance and 23 screening by the department of Juvenile Justice of a complaint 24 or a law enforcement report or probable cause affidavit of 25 delinquency, family in need of services, or child in need of 26 services to determine the recommendation to be taken in the 27 best interests of the child, the family, and the community. 28 The emphasis of intake is on diversion and the least 29 restrictive available services. Consequently, intake includes 30 such alternatives as: 31 (a) The disposition of the complaint, report, or 10 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 probable cause affidavit without court or public agency action 2 or judicial handling when appropriate. 3 (b) The referral of the child to another public or 4 private agency when appropriate. 5 (c) The recommendation by the juvenile probation 6 officer of judicial handling when appropriate and warranted. 7 (29)(28) "Judge" means the circuit judge exercising 8 jurisdiction pursuant to this chapter. 9 (30)(29) "Juvenile justice continuum" includes, but is 10 not limited to, delinquency prevention programs and services 11 designed for the purpose of preventing or reducing delinquent 12 acts, including criminal activity by youth gangs, and juvenile 13 arrests, as well as programs and services targeted at children 14 who have committed delinquent acts, and children who have 15 previously been committed to residential treatment programs 16 for delinquents. The term includes 17 children-in-need-of-services and families-in-need-of-services 18 programs; conditional release; substance abuse and mental 19 health programs; educational and career programs; recreational 20 programs; community services programs; community service work 21 programs; and alternative dispute resolution programs serving 22 children at risk of delinquency and their families, whether 23 offered or delivered by state or local governmental entities, 24 public or private for-profit or not-for-profit organizations, 25 or religious or charitable organizations. 26 (31)(30) "Juvenile probation officer" means the 27 authorized agent of the department of Juvenile Justice who 28 performs the intake, case management, or supervision 29 functions. 30 (32)(31) "Juvenile sexual offender" means: 31 (a) A juvenile who has been found by the court under 11 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 pursuant to s. 985.228 to have committed a violation of 2 chapter 794, chapter 796, chapter 800, s. 827.071, or s. 3 847.0133; 4 (b) A juvenile found to have committed any felony 5 violation of law or delinquent act involving juvenile sexual 6 abuse. "Juvenile sexual abuse" means any sexual behavior which 7 occurs without consent, without equality, or as a result of 8 coercion. For purposes of this subsection, the following 9 definitions apply: 10 1. "Coercion" means the exploitation of authority, use 11 of bribes, threats of force, or intimidation to gain 12 cooperation or compliance. 13 2. "Equality" means two participants operating with 14 the same level of power in a relationship, neither being 15 controlled nor coerced by the other. 16 3. "Consent" means an agreement including all of the 17 following: 18 a. Understanding what is proposed based on age, 19 maturity, developmental level, functioning, and experience. 20 b. Knowledge of societal standards for what is being 21 proposed. 22 c. Awareness of potential consequences and 23 alternatives. 24 d. Assumption that agreement or disagreement will be 25 accepted equally. 26 e. Voluntary decision. 27 f. Mental competence. 28 29 Juvenile sexual offender behavior ranges from noncontact 30 sexual behavior such as making obscene phone calls, 31 exhibitionism, voyeurism, and the showing or taking of lewd 12 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 photographs to varying degrees of direct sexual contact, such 2 as frottage, fondling, digital penetration, rape, fellatio, 3 sodomy, and various other sexually aggressive acts. 4 (33)(32) "Legal custody or guardian" means a legal 5 status created by court order or letter of guardianship which 6 vests in a custodian of the person or guardian, whether an 7 agency or an individual, the right to have physical custody of 8 the child and the right and duty to protect, train, and 9 discipline the child and to provide him or her with food, 10 shelter, education, and ordinary medical, dental, psychiatric, 11 and psychological care. 12 (34)(33) "Licensed child-caring agency" means a 13 person, society, association, or agency licensed by the 14 Department of Children and Family Services to care for, 15 receive, and board children. 16 (35)(34) "Licensed health care professional" means a 17 physician licensed under chapter 458, an osteopathic physician 18 licensed under chapter 459, a nurse licensed under part I of 19 chapter 464, a physician assistant licensed under chapter 458 20 or chapter 459, or a dentist licensed under chapter 466. 21 (36)(35) "Likely to injure oneself" means that, as 22 evidenced by violent or other actively self-destructive 23 behavior, it is more likely than not that within a 24-hour 24 period the child will attempt to commit suicide or inflict 25 serious bodily harm on himself or herself. 26 (37)(36) "Likely to injure others" means that it is 27 more likely than not that within a 24-hour period the child 28 will inflict serious and unjustified bodily harm on another 29 person. 30 (38)(37) "Mediation" means a process whereby a neutral 31 third person called a mediator acts to encourage and 13 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 facilitate the resolution of a dispute between two or more 2 parties. It is an informal and nonadversarial process with 3 the objective of helping the disputing parties reach a 4 mutually acceptable and voluntary agreement. In mediation, 5 decisionmaking authority rests with the parties. The role of 6 the mediator includes, but is not limited to, assisting the 7 parties in identifying issues, fostering joint problem 8 solving, and exploring settlement alternatives. 9 (39)(38) "Necessary medical treatment" means care 10 which is necessary within a reasonable degree of medical 11 certainty to prevent the deterioration of a child's condition 12 or to alleviate immediate pain of a child. 13 (40)(39) "Next of kin" means an adult relative of a 14 child who is the child's brother, sister, grandparent, aunt, 15 uncle, or first cousin. 16 (41)(40) "Parent" means a woman who gives birth to a 17 child and a man whose consent to the adoption of the child 18 would be required under s. 63.062(1). If a child has been 19 legally adopted, the term "parent" means the adoptive mother 20 or father of the child. The term does not include an 21 individual whose parental relationship to the child has been 22 legally terminated, or an alleged or prospective parent, 23 unless the parental status falls within the terms of either s. 24 39.503(1) or s. 63.062(1). 25 (42)(41) "Preliminary screening" means the gathering 26 of preliminary information to be used in determining a child's 27 need for further evaluation or assessment or for referral for 28 other substance abuse services through means such as 29 psychosocial interviews; urine and breathalyzer screenings; 30 and reviews of available educational, delinquency, and 31 dependency records of the child. 14 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 (43)(42) "Preventive services" means social services 2 and other supportive and rehabilitative services provided to 3 the parent of the child, the legal guardian of the child, or 4 the custodian of the child and to the child for the purpose of 5 averting the removal of the child from the home or disruption 6 of a family which will or could result in the placement of a 7 child in foster care. Social services and other supportive 8 and rehabilitative services shall promote the child's need for 9 a safe, continuous, stable living environment and shall 10 promote family autonomy and shall strengthen family life as 11 the first priority whenever possible. 12 (44)(43) "Probation" means the legal status of 13 probation created by law and court order in cases involving a 14 child who has been found to have committed a delinquent act. 15 Probation is an individualized program in which the freedom of 16 the child is limited and the child is restricted to 17 noninstitutional quarters or restricted to the child's home in 18 lieu of commitment to the custody of the department of 19 Juvenile Justice. Youth on probation may be assessed and 20 classified for placement in day-treatment probation programs 21 designed for youth who represent a minimum risk to themselves 22 and public safety and do not require placement and services in 23 a residential setting. Program types in this more intensive 24 and structured day-treatment probation option include career 25 programs, marine programs, juvenile justice alternative 26 schools, training and rehabilitation programs, and 27 gender-specific programs. 28 (45)(44) "Relative" means a grandparent, 29 great-grandparent, sibling, first cousin, aunt, uncle, 30 great-aunt, great-uncle, niece, or nephew, whether related by 31 the whole or half blood, by affinity, or by adoption. The term 15 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 does not include a stepparent. 2 (46)(45) "Restrictiveness Residential Commitment 3 level" means the level of programming and security provided by 4 programs that service the supervision, custody, care, and 5 treatment needs of committed children. Sections 985.3141 and 6 985.404(11) apply to children placed in programs at any 7 residential commitment level. The restrictiveness levels of 8 residential commitment are as follows: 9 (a) Minimum-risk nonresidential.--Programs or program 10 models at this commitment level work with youth who remain in 11 the community and participate at least 5 days per week in a 12 day treatment program. Youth assessed and classified for 13 programs at this commitment level represent a minimum risk to 14 themselves and public safety and do not require placement and 15 services in residential settings. Youth in this level have 16 full access to, and reside in, the community. Youth who have 17 been found to have committed delinquent acts that involve 18 firearms, that are sexual offenses, or that would be life 19 felonies or first-degree felonies if committed by an adult may 20 not be committed to a program at this level. 21 (b)(a) Low-risk residential.--Programs or program 22 models at this commitment level are residential but may allow 23 youth to have unsupervised access to the community. Youth 24 assessed and classified for placement in programs at this 25 commitment level represent a low risk to themselves and public 26 safety but do require placement and services in residential 27 settings. Children who have been found to have committed 28 delinquent acts that involve firearms, delinquent acts that 29 are sexual offenses, or delinquent acts that would be life 30 felonies or first degree felonies if committed by an adult 31 shall not be committed to a program at this level. 16 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 (c)(b) Moderate-risk residential.--Programs or program 2 models at this commitment level are residential but may allow 3 youth to have supervised access to the community. Facilities 4 are either environmentally secure, staff secure, or are 5 hardware-secure with walls, fencing, or locking doors. 6 Facilities shall provide 24-hour awake supervision, custody, 7 care, and treatment of residents. Youth assessed and 8 classified for placement in programs at this commitment level 9 represent a moderate risk to public safety and require close 10 supervision. The staff at a facility at this commitment level 11 may seclude a child who is a physical threat to himself or 12 herself or others. Mechanical restraint may also be used when 13 necessary. 14 (d)(c) High-risk residential.--Programs or program 15 models at this commitment level are residential and do shall 16 not allow youth to have access to the community except that, 17 temporary release providing community access for up to 72 18 continuous hours may be approved by a court for a youth who 19 has made successful progress in his or her program in order 20 for the youth to attend a family emergency or, during the 21 final 120 days of his or her placement, to visit his or her 22 home, enroll in school or a vocational program, complete a job 23 interview, or participate in a community service project. 24 High-risk residential facilities are hardware-secure with 25 perimeter fencing and locking doors. Facilities shall provide 26 24-hour awake supervision, custody, care, and treatment of 27 residents. Youth assessed and classified for this level of 28 placement require close supervision in a structured 29 residential setting. Placement in programs at this level is 30 prompted by a concern for public safety that outweighs 31 placement in programs at lower commitment levels. The staff at 17 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 a facility at this commitment level may seclude a child who is 2 a physical threat to himself or herself or others. Mechanical 3 restraint may also be used when necessary. The facility may 4 provide for single cell occupancy. 5 (e)(d) Maximum-risk residential.--Programs or program 6 models at this commitment level include juvenile correctional 7 facilities and juvenile prisons. The programs are long-term 8 residential and do shall not allow youth to have access to the 9 community. Facilities are maximum-custody hardware-secure 10 with perimeter security fencing and locking doors. Facilities 11 shall provide 24-hour awake supervision, custody, care, and 12 treatment of residents. The staff at a facility at this 13 commitment level may seclude a child who is a physical threat 14 to himself or herself or others. Mechanical restraint may 15 also be used when necessary. The facility shall provide for 16 single cell occupancy, except that youth may be housed 17 together during prerelease transition. Youth assessed and 18 classified for this level of placement require close 19 supervision in a maximum security residential setting. 20 Placement in a program at this level is prompted by a 21 demonstrated need to protect the public. 22 (47)(46) "Respite" means a placement that is available 23 for the care, custody, and placement of a youth charged with 24 domestic violence as an alternative to secure detention or for 25 placement of a youth when a shelter bed for a child in need of 26 services or a family in need of services is unavailable. 27 (48)(47) "Secure detention center or facility" means a 28 physically restricting facility for the temporary care of 29 children, pending adjudication, disposition, or placement. 30 (49)(48) "Serious or habitual juvenile offender," for 31 purposes of commitment to a residential facility and for 18 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 purposes of records retention, means a child who has been 2 found to have committed a delinquent act or a violation of 3 law, in the case currently before the court, and who meets at 4 least one of the following criteria: 5 (a) The youth is at least 13 years of age at the time 6 of the disposition for the current offense and has been 7 adjudicated on the current offense for: 8 1. Arson; 9 2. Sexual battery; 10 3. Robbery; 11 4. Kidnapping; 12 5. Aggravated child abuse; 13 6. Aggravated assault; 14 7. Aggravated stalking; 15 8. Murder; 16 9. Manslaughter; 17 10. Unlawful throwing, placing, or discharging of a 18 destructive device or bomb; 19 11. Armed burglary; 20 12. Aggravated battery; 21 13. Any lewd or lascivious offense committed upon or 22 in the presence of a person less than 16 years of age; or 23 14. Carrying, displaying, using, threatening, or 24 attempting to use a weapon or firearm during the commission of 25 a felony. 26 (b) The youth is at least 13 years of age at the time 27 of the disposition, the current offense is a felony, and the 28 child has previously been committed at least two times to a 29 delinquency commitment program. 30 (c) The youth is at least 13 years of age and is 31 currently committed for a felony offense and transferred from 19 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 a moderate-risk or high-risk residential commitment placement. 2 (50)(49) "Serious or habitual juvenile offender 3 program" means the program established in s. 985.31. 4 (51)(50) "Shelter" means a place for the temporary 5 care of a child who is alleged to be or who has been found to 6 be delinquent. 7 (52)(51) "Shelter hearing" means a hearing provided 8 for under s. 984.14 in family-in-need-of-services cases or 9 child-in-need-of-services cases. 10 (53)(52) "Staff-secure shelter" means a facility in 11 which a child is supervised 24 hours a day by staff members 12 who are awake while on duty. The facility is for the temporary 13 care and assessment of a child who has been found to be 14 dependent, who has violated a court order and been found in 15 contempt of court, or whom the Department of Children and 16 Family Services is unable to properly assess or place for 17 assistance within the continuum of services provided for 18 dependent children. 19 (54)(53) "Substance abuse" means using, without 20 medical reason, any psychoactive or mood-altering drug, 21 including alcohol, in such a manner as to induce impairment 22 resulting in dysfunctional social behavior. 23 (55)(54) "Taken into custody" means the status of a 24 child immediately when temporary physical control over the 25 child is attained by a person authorized by law, pending the 26 child's release, detention, placement, or other disposition as 27 authorized by law. 28 (56)(55) "Temporary legal custody" means the 29 relationship that a juvenile court creates between a child and 30 an adult relative of the child, adult nonrelative approved by 31 the court, or other person until a more permanent arrangement 20 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 is ordered. Temporary legal custody confers upon the custodian 2 the right to have temporary physical custody of the child and 3 the right and duty to protect, train, and discipline the child 4 and to provide the child with food, shelter, and education, 5 and ordinary medical, dental, psychiatric, and psychological 6 care, unless these rights and duties are otherwise enlarged or 7 limited by the court order establishing the temporary legal 8 custody relationship. 9 (57)(56) "Temporary release" means the terms and 10 conditions under which a child is temporarily released from a 11 residential commitment facility or allowed home visits. If the 12 temporary release is from a moderate-risk residential 13 facility, a high-risk residential facility, or a maximum-risk 14 residential facility, the terms and conditions of the 15 temporary release must be approved by the child, the court, 16 and the facility. The term includes periods during which the 17 child is supervised pursuant to a conditional release program 18 or a period during which the child is supervised by a juvenile 19 probation officer or other nonresidential staff of the 20 department or staff employed by an entity under contract with 21 the department. 22 (58)(57) "Training school" means one of the following 23 facilities: the Arthur G. Dozier School or the Eckerd Youth 24 Development Center. 25 (59)(58) "Violation of law" or "delinquent act" means 26 a violation of any law of this state, the United States, or 27 any other state which is a misdemeanor or a felony or a 28 violation of a county or municipal ordinance which would be 29 punishable by incarceration if the violation were committed by 30 an adult. 31 (60)(59) "Waiver hearing" means a hearing provided for 21 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 under s. 985.226(3). 2 Section 2. Paragraph (d) of subsection (1) of section 3 985.207, Florida Statutes, is amended to read: 4 985.207 Taking a child into custody.-- 5 (1) A child may be taken into custody under the 6 following circumstances: 7 (d) By a law enforcement officer who has probable 8 cause to believe that the child is in violation of the 9 conditions of the child's probation, home detention, 10 postcommitment probation, or conditional release supervision 11 or has escaped in violation of s. 985.3141 from commitment. 12 13 Nothing in this subsection shall be construed to allow the 14 detention of a child who does not meet the detention criteria 15 in s. 985.215. 16 Section 3. Subsection (1) of section 985.208, Florida 17 Statutes, is amended to read: 18 985.208 Detention of escapee on authority of the 19 department.-- 20 (1) If an authorized agent of the department has 21 reasonable grounds to believe that any delinquent child 22 committed to the department has escaped from a residential 23 commitment facility of the department or from being lawfully 24 transported thereto or therefrom, the agent may take the child 25 into active custody and may deliver the child to the facility 26 or, if it is closer, to a detention center for return to the 27 facility. However, a child may not be held in detention longer 28 than 24 hours, excluding Saturdays, Sundays, and legal 29 holidays, unless a special order so directing is made by the 30 judge after a detention hearing resulting in a finding that 31 detention is required based on the criteria in s. 985.215(2). 22 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 The order shall state the reasons for such finding. The 2 reasons shall be reviewable by appeal or in habeas corpus 3 proceedings in the district court of appeal. 4 Section 4. Paragraphs (a) and (d) of subsection (1) 5 and subsection (2) of section 985.231, Florida Statutes, are 6 amended to read: 7 985.231 Powers of disposition in delinquency cases.-- 8 (1)(a) The court that has jurisdiction of an 9 adjudicated delinquent child may, by an order stating the 10 facts upon which a determination of a sanction and 11 rehabilitative program was made at the disposition hearing: 12 1. Place the child in a probation program or a 13 postcommitment probation program under the supervision of an 14 authorized agent of the Department of Juvenile Justice or of 15 any other person or agency specifically authorized and 16 appointed by the court, whether in the child's own home, in 17 the home of a relative of the child, or in some other suitable 18 place under such reasonable conditions as the court may 19 direct. A probation program for an adjudicated delinquent 20 child must include a penalty component such as restitution in 21 money or in kind, community service, a curfew, revocation or 22 suspension of the driver's license of the child, or other 23 nonresidential punishment appropriate to the offense and must 24 also include a rehabilitative program component such as a 25 requirement of participation in substance abuse treatment or 26 in school or other educational program. If the child is 27 attending or is eligible to attend public school and the court 28 finds that the victim or a sibling of the victim in the case 29 is attending or may attend the same school as the child, the 30 court placement order shall include a finding pursuant to the 31 proceedings described in s. 985.23(1)(d). Upon the 23 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 recommendation of the department at the time of disposition, 2 or subsequent to disposition pursuant to the filing of a 3 petition alleging a violation of the child's conditions of 4 postcommitment probation, the court may order the child to 5 submit to random testing for the purpose of detecting and 6 monitoring the use of alcohol or controlled substances. 7 a. A restrictiveness level classification scale for 8 levels of supervision shall be provided by the department, 9 taking into account the child's needs and risks relative to 10 probation supervision requirements to reasonably ensure the 11 public safety. Probation programs for children shall be 12 supervised by the department or by any other person or agency 13 specifically authorized by the court. These programs must 14 include, but are not limited to, structured or restricted 15 activities as described in this subparagraph, and shall be 16 designed to encourage the child toward acceptable and 17 functional social behavior. If supervision or a program of 18 community service is ordered by the court, the duration of 19 such supervision or program must be consistent with any 20 treatment and rehabilitation needs identified for the child 21 and may not exceed the term for which sentence could be 22 imposed if the child were committed for the offense, except 23 that the duration of such supervision or program for an 24 offense that is a misdemeanor of the second degree, or is 25 equivalent to a misdemeanor of the second degree, may be for a 26 period not to exceed 6 months. When restitution is ordered by 27 the court, the amount of restitution may not exceed an amount 28 the child and the parent or guardian could reasonably be 29 expected to pay or make. A child who participates in any work 30 program under this part is considered an employee of the state 31 for purposes of liability, unless otherwise provided by law. 24 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 b. The court may conduct judicial review hearings for 2 a child placed on probation for the purpose of fostering 3 accountability to the judge and compliance with other 4 requirements, such as restitution and community service. The 5 court may allow early termination of probation for a child who 6 has substantially complied with the terms and conditions of 7 probation. 8 c. If the conditions of the probation program or the 9 postcommitment probation program are violated, the department 10 or the state attorney may bring the child before the court on 11 a petition alleging a violation of the program. Any child who 12 violates the conditions of probation or postcommitment 13 probation must be brought before the court if sanctions are 14 sought. A child taken into custody under s. 985.207 for 15 violating the conditions of probation or postcommitment 16 probation shall be held in a consequence unit if such a unit 17 is available. The child shall be afforded a hearing within 24 18 hours after being taken into custody to determine the 19 existence of probable cause that the child violated the 20 conditions of probation or postcommitment probation. A 21 consequence unit is a secure facility specifically designated 22 by the department for children who are taken into custody 23 under s. 985.207 for violating probation or postcommitment 24 probation, or who have been found by the court to have 25 violated the conditions of probation or postcommitment 26 probation. If the violation involves a new charge of 27 delinquency, the child may be detained under s. 985.215 in a 28 facility other than a consequence unit. If the child is not 29 eligible for detention for the new charge of delinquency, the 30 child may be held in the consequence unit pending a hearing 31 and is subject to the time limitations specified in s. 25 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 985.215. If the child denies violating the conditions of 2 probation or postcommitment probation, the court shall appoint 3 counsel to represent the child at the child's request. Upon 4 the child's admission, or if the court finds after a hearing 5 that the child has violated the conditions of probation or 6 postcommitment probation, the court shall enter an order 7 revoking, modifying, or continuing probation or postcommitment 8 probation. In each such case, the court shall enter a new 9 disposition order and, in addition to the sanctions set forth 10 in this paragraph, may impose any sanction the court could 11 have imposed at the original disposition hearing. If the child 12 is found to have violated the conditions of probation or 13 postcommitment probation, the court may: 14 (I) Place the child in a consequence unit in that 15 judicial circuit, if available, for up to 5 days for a first 16 violation, and up to 15 days for a second or subsequent 17 violation. 18 (II) Place the child on home detention with electronic 19 monitoring. However, this sanction may be used only if a 20 residential consequence unit is not available. 21 (III) Modify or continue the child's probation program 22 or postcommitment probation program. 23 (IV) Revoke probation or postcommitment probation and 24 commit the child to the department. 25 d. Notwithstanding s. 743.07 and paragraph (d), and 26 except as provided in s. 985.31, the term of any order placing 27 a child in a probation program must be until the child's 19th 28 birthday unless he or she is released by the court, on the 29 motion of an interested party or on its own motion. 30 2. Commit the child to a licensed child-caring agency 31 willing to receive the child, but the court may not commit the 26 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 child to a jail or to a facility used primarily as a detention 2 center or facility or shelter. 3 3. Commit the child to the department of Juvenile 4 Justice at a restrictiveness residential commitment level 5 defined in s. 985.03. Such commitment must be for the purpose 6 of exercising active control over the child, including, but 7 not limited to, custody, care, training, urine monitoring, and 8 treatment of the child and release of the child from 9 residential commitment into the community in a postcommitment 10 nonresidential conditional release program. If the child is 11 eligible to attend public school following residential 12 commitment and the court finds that the victim or a sibling of 13 the victim in the case is or may be attending the same school 14 as the child, the commitment order shall include a finding 15 pursuant to the proceedings described in s. 985.23(1)(d). If 16 the child is not successful in the conditional release 17 program, the department may use the transfer procedure under 18 s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and 19 except as provided in s. 985.31, the term of the commitment 20 must be until the child is discharged by the department or 21 until he or she reaches the age of 21. 22 4. Revoke or suspend the driver's license of the 23 child. 24 5. Require the child and, if the court finds it 25 appropriate, the child's parent or guardian together with the 26 child, to render community service in a public service 27 program. 28 6. As part of the probation program to be implemented 29 by the Department of Juvenile Justice, or, in the case of a 30 committed child, as part of the community-based sanctions 31 ordered by the court at the disposition hearing or before the 27 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 child's release from commitment, order the child to make 2 restitution in money, through a promissory note cosigned by 3 the child's parent or guardian, or in kind for any damage or 4 loss caused by the child's offense in a reasonable amount or 5 manner to be determined by the court. The clerk of the circuit 6 court shall be the receiving and dispensing agent. In such 7 case, the court shall order the child or the child's parent or 8 guardian to pay to the office of the clerk of the circuit 9 court an amount not to exceed the actual cost incurred by the 10 clerk as a result of receiving and dispensing restitution 11 payments. The clerk shall notify the court if restitution is 12 not made, and the court shall take any further action that is 13 necessary against the child or the child's parent or guardian. 14 A finding by the court, after a hearing, that the parent or 15 guardian has made diligent and good faith efforts to prevent 16 the child from engaging in delinquent acts absolves the parent 17 or guardian of liability for restitution under this 18 subparagraph. 19 7. Order the child and, if the court finds it 20 appropriate, the child's parent or guardian together with the 21 child, to participate in a community work project, either as 22 an alternative to monetary restitution or as part of the 23 rehabilitative or probation program. 24 8. Commit the child to the Department of Juvenile 25 Justice for placement in a program or facility for serious or 26 habitual juvenile offenders in accordance with s. 985.31. Any 27 commitment of a child to a program or facility for serious or 28 habitual juvenile offenders must be for an indeterminate 29 period of time, but the time may not exceed the maximum term 30 of imprisonment that an adult may serve for the same offense. 31 The court may retain jurisdiction over such child until the 28 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 child reaches the age of 21, specifically for the purpose of 2 the child completing the program. 3 9. In addition to the sanctions imposed on the child, 4 order the parent or guardian of the child to perform community 5 service if the court finds that the parent or guardian did not 6 make a diligent and good faith effort to prevent the child 7 from engaging in delinquent acts. The court may also order the 8 parent or guardian to make restitution in money or in kind for 9 any damage or loss caused by the child's offense. The court 10 shall determine a reasonable amount or manner of restitution, 11 and payment shall be made to the clerk of the circuit court as 12 provided in subparagraph 6. 13 10. Subject to specific appropriation, commit the 14 juvenile sexual offender to the Department of Juvenile Justice 15 for placement in a program or facility for juvenile sexual 16 offenders in accordance with s. 985.308. Any commitment of a 17 juvenile sexual offender to a program or facility for juvenile 18 sexual offenders must be for an indeterminate period of time, 19 but the time may not exceed the maximum term of imprisonment 20 that an adult may serve for the same offense. The court may 21 retain jurisdiction over a juvenile sexual offender until the 22 juvenile sexual offender reaches the age of 21, specifically 23 for the purpose of completing the program. 24 (d) Any commitment of a delinquent child to the 25 Department of Juvenile Justice must be for an indeterminate 26 period of time, which may include periods of temporary 27 release; however, but the period of time may not exceed the 28 maximum term of imprisonment that an adult may serve for the 29 same offense, except that the duration of a minimum-risk, 30 nonresidential commitment for an offense that is a misdemeanor 31 of the second degree, or is equivalent to a misdemeanor of the 29 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 second degree, may be for a period not to exceed 6 months. The 2 duration of the child's placement in a residential commitment 3 program of any restrictiveness level shall be based on 4 objective performance-based treatment planning. The child's 5 treatment plan progress and adjustment-related issues shall be 6 reported to the court quarterly, unless the court requests 7 monthly reports each month. The child's length of stay in a 8 residential commitment program may be extended if the child 9 fails to comply with or participate in treatment activities. 10 The child's length of stay in such program shall not be 11 extended for purposes of sanction or punishment. Any temporary 12 release from such program must be approved by the court. Any 13 child so committed may be discharged from institutional 14 confinement or a program upon the direction of the department 15 with the concurrence of the court. The child's treatment plan 16 progress and adjustment-related issues must be communicated to 17 the court at the time the department requests the court to 18 consider releasing the child from the residential commitment 19 program. Notwithstanding s. 743.07 and this subsection, and 20 except as provided in ss. 985.201 and 985.31, a child may not 21 be held under a commitment from a court under pursuant to this 22 section after becoming 21 years of age. The department shall 23 give the court that committed the child to the department 24 reasonable notice, in writing, of its desire to discharge the 25 child from a commitment facility. The court that committed the 26 child may thereafter accept or reject the request. If the 27 court does not respond within 10 days after receipt of the 28 notice, the request of the department shall be deemed granted. 29 This section does not limit the department's authority to 30 revoke a child's temporary release status and return the child 31 to a commitment facility for any violation of the terms and 30 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 conditions of the temporary release. 2 (2) Following a delinquency adjudicatory hearing 3 pursuant to s. 985.228 and a delinquency disposition hearing 4 pursuant to s. 985.23 which results in a commitment 5 determination, the court shall, on its own or upon request by 6 the state or the department, determine whether the protection 7 of the public requires that the child be placed in a program 8 for serious or habitual juvenile offenders and whether the 9 particular needs of the child would be best served by a 10 program for serious or habitual juvenile offenders as provided 11 in s. 985.31. The determination shall be made pursuant to ss. 12 985.03(49) ss. 985.03(48) and 985.23(3). 13 Section 5. Paragraph (a) of subsection (1) of section 14 985.2311, Florida Statutes, is amended to read: 15 985.2311 Cost of supervision; cost of care.-- 16 (1) Except as provided in subsection (3) or subsection 17 (4): 18 (a) When any child is placed into home detention, 19 probation, or other supervision status with the Department of 20 Juvenile Justice, or is committed to the minimum-risk, 21 nonresidential restrictiveness level, the court shall order 22 the parent of such child to pay to the department a fee for 23 the cost of the supervision of such child in the amount of $1 24 per day for each day that the child is in such supervision 25 status. 26 Section 6. Subsection (3) of section 985.316, Florida 27 Statutes, is amended to read: 28 985.316 Conditional release.-- 29 (3) For juveniles referred or committed to the 30 department, the function of the department may include, but 31 shall not be limited to, assessing each committed juvenile 31 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 placed in a residential commitment program to determine the 2 need for conditional release services upon release from the a 3 commitment program, supervising the juvenile when released 4 into the community from a residential commitment facility of 5 the department, providing such counseling and other services 6 as may be necessary for the families and assisting their 7 preparations for the return of the child. Subject to specific 8 appropriation, the department shall provide for outpatient 9 sexual offender counseling for any juvenile sexual offender 10 released from a commitment program as a component of 11 conditional release. 12 Section 7. Section 985.403, Florida Statutes, is 13 repealed. 14 Section 8. Task force on juvenile sexual offenders and 15 their victims.-- 16 (1) On or before August 1, 2005, the Department of 17 Juvenile Justice shall create a task force to review and 18 evaluate the state's laws that address juvenile sex offenders 19 and the department's practices and procedures for serving 20 these offenders and their victims. The task force shall make 21 findings that include, but are not limited to, a profile of 22 this state's juvenile sex offenders and of dispositions 23 received by those offenders, identification of statutes that 24 address these offenders, identification of community-based and 25 commitment programming available for these offenders and of 26 such programming's effectiveness, the appropriateness and 27 rehabilitative efficacy of placing these offenders in 28 residential commitment programs, and identification of 29 qualifications required for staff who serve these offenders. 30 Based on its findings, the task force shall make 31 recommendations for how the state's laws, policies, programs, 32 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 and funding for juvenile sexual offenders may be improved. 2 (2) The Secretary of Juvenile Justice, or his or her 3 designee, shall appoint up to 12 members to the task force. 4 The task force shall be composed of representatives who shall 5 include, but are not limited to, the following: a circuit 6 court judge with at least 1 year's experience in the juvenile 7 division, a state attorney with at least 1 year's experience 8 in the juvenile division, a public defender with at least 1 9 year's experience in the juvenile division, one representative 10 of the Department of Juvenile Justice, two representatives of 11 providers of juvenile sexual offender services, one member of 12 the Florida Juvenile Justice Association, one licensed sex 13 offender therapist, and one victim of a juvenile sexual 14 offense. 15 (3) The task force shall submit a written report of 16 its findings and recommendations to the Governor, the 17 President of the Senate, and the Speaker of the House of 18 Representatives by December 1, 2005. 19 (4) Administrative support for the task force shall be 20 provided by the Department of Juvenile Justice. Members of the 21 task force shall receive no salary from the state beyond the 22 salary already received from their sponsoring agency, if any, 23 and are not entitled to reimbursement for travel and per diem 24 expenses. 25 (5) The task force shall be dissolved upon the 26 submission of its report. 27 Section 9. Task Force to study certification for 28 juvenile justice provider staff.-- 29 (1) On or before August 1, 2005, the Department of 30 Juvenile Justice shall create a task force to study the 31 feasibility of establishing a certification process for staff 33 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 employed by a provider under contract with the Department of 2 Juvenile Justice to provide juvenile justice services to 3 youth. 4 (2) The Secretary of Juvenile Justice, or his or her 5 designee, shall appoint up to 12 members to the task force. 6 The task force shall be composed of representatives who shall 7 include, but are not limited to, the following: two 8 representatives of the Department of Juvenile Justice, two 9 representatives of providers of juvenile justice services, two 10 members of the Florida Juvenile Justice Association, and two 11 representatives of the Florida Certification Board. 12 (3) The task force shall consider the feasibility of 13 implementing and operating a certification system for staff 14 who work in juvenile justice facilities, services, or 15 programs. At a minimum, the task force shall consider, and 16 make recommendations concerning, the occupational levels of 17 staff subject to certification, the criteria that may be used 18 to certify staff, the levels of certification, and a process 19 for testing and validating the effectiveness of any 20 recommended staff certification system. In making its 21 recommendations, the task force shall make findings regarding 22 the benefits of a staff certification system for this state's 23 juvenile justice programming and the cost to implement such a 24 system. 25 (4) The task force shall submit a written report of 26 its findings and recommendations to the Governor, the 27 President of the Senate, and the Speaker of the House of 28 Representatives by January 1, 2006. 29 (5) Administrative support for the task force shall be 30 provided by the Department of Juvenile Justice. Members of the 31 task force shall receive no salary from the state beyond the 34 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 salary already received from their sponsoring agency, if any, 2 and are not entitled to reimbursement for travel and per diem 3 expenses. 4 (6) The task force shall be dissolved upon the 5 submission of its report. 6 Section 10. Subsection (10) of section 985.4135, 7 Florida Statutes, is amended to read: 8 985.4135 Juvenile justice circuit boards and juvenile 9 justice county councils.-- 10 (10) Membership of the juvenile justice county 11 councils, or juvenile justice circuit boards established under 12 subsection (9), may must include representatives from the 13 following entities: 14 (a) Representatives from the school district, which 15 may include elected school board officials, the school 16 superintendent, school or district administrators, teachers, 17 and counselors. 18 (b) Representatives of the board of county 19 commissioners. 20 (c) Representatives of the governing bodies of local 21 municipalities within the county. 22 (d) A representative of the corresponding circuit or 23 regional entity of the Department of Children and Family 24 Services. 25 (e) Representatives of local law enforcement agencies, 26 including the sheriff or the sheriff's designee. 27 (f) Representatives of the judicial system. 28 (g) Representatives of the business community. 29 (h) Representatives of other interested officials, 30 groups, or entities, including, but not limited to, a 31 children's services council, public or private providers of 35 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 juvenile justice programs and services, students, parents, and 2 advocates. Private providers of juvenile justice programs may 3 not exceed one-third of the voting membership. 4 (i) Representatives of the faith community. 5 (j) Representatives of victim-service programs and 6 victims of crimes. 7 (k) Representatives of the Department of Corrections. 8 Section 11. Section 784.075, Florida Statutes, is 9 amended to read: 10 784.075 Battery on detention or commitment facility 11 staff or a juvenile probation officer.--A person who commits a 12 battery on a juvenile probation officer, as defined in s. 13 984.03 or s. 985.03, on other staff of a detention center or 14 facility as defined in s. 984.03(19) or s. 985.03(20) s. 15 985.03(19), or on a staff member of a commitment facility as 16 defined in s. 985.03(46) s. 985.03(45), commits a felony of 17 the third degree, punishable as provided in s. 775.082, s. 18 775.083, or s. 775.084. For purposes of this section, a staff 19 member of the facilities listed includes persons employed by 20 the Department of Juvenile Justice, persons employed at 21 facilities licensed by the Department of Juvenile Justice, and 22 persons employed at facilities operated under a contract with 23 the Department of Juvenile Justice. 24 Section 12. Subsection (2) of section 985.231, Florida 25 Statutes, is amended to read: 26 985.231 Powers of disposition in delinquency cases.-- 27 (2) Following a delinquency adjudicatory hearing 28 pursuant to s. 985.228 and a delinquency disposition hearing 29 pursuant to s. 985.23 which results in a commitment 30 determination, the court shall, on its own or upon request by 31 the state or the department, determine whether the protection 36 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 of the public requires that the child be placed in a program 2 for serious or habitual juvenile offenders and whether the 3 particular needs of the child would be best served by a 4 program for serious or habitual juvenile offenders as provided 5 in s. 985.31. The determination shall be made pursuant to ss. 6 985.03(49) ss. 985.03(48) and 985.23(3). 7 Section 13. Paragraph (e) of subsection (3) and 8 paragraph (a) of subsection (4) of section 985.31, Florida 9 Statutes, are amended to read: 10 985.31 Serious or habitual juvenile offender.-- 11 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND 12 TREATMENT.-- 13 (e) After a child has been adjudicated delinquent 14 pursuant to s. 985.228, the court shall determine whether the 15 child meets the criteria for a serious or habitual juvenile 16 offender pursuant to s. 985.03(49) s. 985.03(48). If the court 17 determines that the child does not meet such criteria, the 18 provisions of s. 985.231(1) shall apply. 19 (4) ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.-- 20 (a) Pursuant to the provisions of this section, the 21 department shall implement the comprehensive assessment 22 instrument for the treatment needs of serious or habitual 23 juvenile offenders and for the assessment, which assessment 24 shall include the criteria under s. 985.03(49) s. 985.03(48) 25 and shall also include, but not be limited to, evaluation of 26 the child's: 27 1. Amenability to treatment. 28 2. Proclivity toward violence. 29 3. Tendency toward gang involvement. 30 4. Substance abuse or addiction and the level thereof. 31 5. History of being a victim of child abuse or sexual 37 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 abuse, or indication of sexual behavior dysfunction. 2 6. Number and type of previous adjudications, findings 3 of guilt, and convictions. 4 7. Potential for rehabilitation. 5 Section 14. Section 985.3141, Florida Statutes, is 6 amended to read: 7 985.3141 Escapes from secure detention or residential 8 commitment facility.--An escape from: 9 (1) Any secure detention facility maintained for the 10 temporary detention of children, pending adjudication, 11 disposition, or placement; 12 (2) Any residential commitment facility described in 13 s. 985.03(46) s. 985.03(45), maintained for the custody, 14 treatment, punishment, or rehabilitation of children found to 15 have committed delinquent acts or violations of law; or 16 (3) Lawful transportation to or from any such secure 17 detention facility or residential commitment facility, 18 19 constitutes escape within the intent and meaning of s. 944.40 20 and is a felony of the third degree, punishable as provided in 21 s. 775.082, s. 775.083, or s. 775.084. 22 Section 15. This act shall take effect July 1, 2005. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to juvenile justice; amending 38 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 s. 985.03, F.S.; redefining terms relating to 2 juvenile justice; redefining the terms "day 3 treatment" and "restrictiveness level"; 4 amending s. 985.207, F.S.; clarifying when a 5 child who escapes from commitment may be taken 6 into custody by a law enforcement officer; 7 amending s. 985.208, F.S.; clarifying when the 8 Department of Corrections may take a child who 9 is believed to have escaped from a facility of 10 the department into custody; amending s. 11 985.231, F.S.; incorporating newly defined 12 terms to clarify the terms of a child's 13 commitment; providing for the maximum length of 14 a minimum-risk, nonresidential commitment for a 15 child who commits a second-degree misdemeanor; 16 providing that the department or a provider 17 report quarterly to the court the child's 18 progress with his or her treatment plan; 19 conforming a cross-reference; amending s. 20 985.2311, F.S.; requiring parents to pay the 21 costs of supervision related to minimum-risk, 22 nonresidential commitment to the department; 23 amending s. 985.316, F.S.; providing for 24 assessment by the department of the need of 25 juveniles in residential commitment for 26 conditional release services; repealing s. 27 985.403, F.S., relating to the Task Force on 28 Juvenile Sexual Offenders and their Victims; 29 requiring the department to create a task force 30 on juvenile sexual offenders and their victims; 31 providing for membership, powers, duties, and 39 11:45 AM 03/29/05 s1978d-cj12-c8n
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 550316 1 dissolution of the task force; requiring a 2 written report; directing the Department of 3 Juvenile Justice to provide administrative 4 support; prohibiting certain compensation or 5 reimbursement of task force members; requiring 6 the Department of Juvenile Justice to create a 7 task force to study certification for juvenile 8 justice provider staff; providing for 9 membership, powers, duties and dissolution of 10 the task force; requiring a written report; 11 directing the department to provide 12 administrative support; prohibiting certain 13 compensation or reimbursement of task force 14 members; amending s. 985.4135, F.S.; providing 15 that membership of juvenile justice county 16 councils or circuit boards may, rather than 17 must, include certain entities; amending ss. 18 784.075, 985.231, 985.31, and 985.3141, F.S.; 19 conforming cross-references; providing an 20 effective date. 21 22 23 24 25 26 27 28 29 30 31 40 11:45 AM 03/29/05 s1978d-cj12-c8n