Senate Bill sb1978c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                    CS for CS for SB 1978

    By the Committees on Children and Families; Criminal Justice;
    and Senator Crist




    586-2003-05

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.03, F.S.; redefining terms relating to

  4         juvenile justice; redefining the terms "day

  5         treatment" and "restrictiveness level";

  6         amending s. 985.207, F.S.; clarifying when a

  7         child who escapes from commitment may be taken

  8         into custody by a law enforcement officer;

  9         amending s. 985.208, F.S.; clarifying when the

10         Department of Corrections may take a child who

11         is believed to have escaped from a facility of

12         the department into custody; amending s.

13         985.231, F.S.; incorporating newly defined

14         terms to clarify the terms of a child's

15         commitment; providing for the maximum length of

16         a minimum-risk, nonresidential commitment for a

17         child who commits a second-degree misdemeanor;

18         providing that the department or a provider

19         report quarterly to the court the child's

20         progress with his or her treatment plan;

21         conforming a cross-reference; amending s.

22         985.2311, F.S.; requiring parents to pay the

23         costs of supervision related to minimum-risk,

24         nonresidential commitment to the department;

25         amending s. 985.316, F.S.; providing for

26         assessment by the department of the need of

27         juveniles in residential commitment for

28         conditional release services; repealing s.

29         985.403, F.S., relating to the Task Force on

30         Juvenile Sexual Offenders and their Victims;

31         requiring the department to create a task force

                                  1

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         on juvenile sexual offenders and their victims;

 2         providing for membership, powers, duties, and

 3         dissolution of the task force; requiring a

 4         written report; directing the Department of

 5         Juvenile Justice to provide administrative

 6         support; prohibiting certain compensation or

 7         reimbursement of task force members; requiring

 8         the Department of Juvenile Justice to create a

 9         task force to study certification for juvenile

10         justice provider staff; providing for

11         membership, powers, duties and dissolution of

12         the task force; requiring a written report;

13         directing the department to provide

14         administrative support; prohibiting certain

15         compensation or reimbursement of task force

16         members; amending s. 985.4135, F.S.; providing

17         that membership of juvenile justice county

18         councils or circuit boards may, rather than

19         must, include certain entities; amending ss.

20         784.075, 985.231, 985.31, and 985.3141, F.S.;

21         conforming cross-references; providing an

22         effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 985.03, Florida Statutes, is

27  amended to read:

28         985.03  Definitions.--As When used in this chapter, the

29  term:

30         (1)  "Addictions receiving facility" means a substance

31  abuse service provider as defined in chapter 397.

                                  2

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (2)  "Adjudicatory hearing" means a hearing for the

 2  court to determine whether or not the facts support the

 3  allegations stated in the petition, as is provided for under

 4  s. 985.228 in delinquency cases.

 5         (3)  "Adult" means any natural person other than a

 6  child.

 7         (4)  "Arbitration" means a process whereby a neutral

 8  third person or panel, called an arbitrator or an arbitration

 9  panel, considers the facts and arguments presented by the

10  parties and renders a decision which may be binding or

11  nonbinding.

12         (5)  "Authorized agent" or "designee" of the department

13  means a person or agency assigned or designated by the

14  department of Juvenile Justice or the Department of Children

15  and Family Services, as appropriate, to perform duties or

16  exercise powers under pursuant to this chapter and includes

17  contract providers and their employees for purposes of

18  providing services to and managing cases of children in need

19  of services and families in need of services.

20         (6)  "Child" or "juvenile" or "youth" means any

21  unmarried person under the age of 18 who has not been

22  emancipated by order of the court and who has been found or

23  alleged to be dependent, in need of services, or from a family

24  in need of services; or any married or unmarried person who is

25  charged with a violation of law occurring prior to the time

26  that person reached the age of 18 years.

27         (7)  "Child eligible for an intensive residential

28  treatment program for offenders less than 13 years of age"

29  means a child who has been found to have committed a

30  delinquent act or a violation of law in the case currently

31  

                                  3

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  before the court and who meets at least one of the following

 2  criteria:

 3         (a)  The child is less than 13 years of age at the time

 4  of the disposition for the current offense and has been

 5  adjudicated on the current offense for:

 6         1.  Arson;

 7         2.  Sexual battery;

 8         3.  Robbery;

 9         4.  Kidnapping;

10         5.  Aggravated child abuse;

11         6.  Aggravated assault;

12         7.  Aggravated stalking;

13         8.  Murder;

14         9.  Manslaughter;

15         10.  Unlawful throwing, placing, or discharging of a

16  destructive device or bomb;

17         11.  Armed burglary;

18         12.  Aggravated battery;

19         13.  Any lewd or lascivious offense committed upon or

20  in the presence of a person less than 16 years of age; or

21         14.  Carrying, displaying, using, threatening, or

22  attempting to use a weapon or firearm during the commission of

23  a felony.

24         (b)  The child is less than 13 years of age at the time

25  of the disposition, the current offense is a felony, and the

26  child has previously been committed at least once to a

27  delinquency commitment program.

28         (c)  The child is less than 13 years of age and is

29  currently committed for a felony offense and transferred from

30  a moderate-risk or high-risk residential commitment placement.

31  

                                  4

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (8)  "Child in need of services" means a child for whom

 2  there is no pending investigation into an allegation or

 3  suspicion of abuse, neglect, or abandonment; no pending

 4  referral alleging the child is delinquent; or no current

 5  supervision by the department of Juvenile Justice or the

 6  Department of Children and Family Services for an adjudication

 7  of dependency or delinquency. The child must also, under

 8  pursuant to this chapter, be found by the court:

 9         (a)  To have persistently run away from the child's

10  parents or legal custodians despite reasonable efforts of the

11  child, the parents or legal custodians, and appropriate

12  agencies to remedy the conditions contributing to the

13  behavior. Reasonable efforts shall include voluntary

14  participation by the child's parents or legal custodians and

15  the child in family mediation, services, and treatment offered

16  by the department of Juvenile Justice or the Department of

17  Children and Family Services;

18         (b)  To be habitually truant from school, while subject

19  to compulsory school attendance, despite reasonable efforts to

20  remedy the situation under pursuant to ss. 1003.26 and 1003.27

21  and through voluntary participation by the child's parents or

22  legal custodians and by the child in family mediation,

23  services, and treatment offered by the Department of Juvenile

24  Justice or the Department of Children and Family Services; or

25         (c)  To have persistently disobeyed the reasonable and

26  lawful demands of the child's parents or legal custodians, and

27  to be beyond their control despite efforts by the child's

28  parents or legal custodians and appropriate agencies to remedy

29  the conditions contributing to the behavior. Reasonable

30  efforts may include such things as good faith participation in

31  family or individual counseling.

                                  5

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (9)  "Child who has been found to have committed a

 2  delinquent act" means a child who, under pursuant to the

 3  provisions of this chapter, is found by a court to have

 4  committed a violation of law or to be in direct or indirect

 5  contempt of court, except that this definition does shall not

 6  include an act constituting contempt of court arising out of a

 7  dependency proceeding or a proceeding under pursuant to part

 8  III of this chapter.

 9         (10)  "Child support" means a court-ordered obligation,

10  enforced under chapter 61 and ss. 409.2551-409.2597, for

11  monetary support for the care, maintenance, training, and

12  education of a child.

13         (11)  "Circuit" means any of the 20 judicial circuits

14  as set forth in s. 26.021.

15         (12)  "Comprehensive assessment" or "assessment" means

16  the gathering of information for the evaluation of a juvenile

17  offender's or a child's physical, psychological, educational,

18  vocational, and social condition and family environment as

19  they relate to the child's need for rehabilitative and

20  treatment services, including substance abuse treatment

21  services, mental health services, developmental services,

22  literacy services, medical services, family services, and

23  other specialized services, as appropriate.

24         (13)  "Conditional release" means the care, treatment,

25  help, and supervision provided to a juvenile released from a

26  residential commitment program which is intended to promote

27  rehabilitation and prevent recidivism. The purpose of

28  conditional release is to protect the public, reduce

29  recidivism, increase responsible productive behavior, and

30  provide for a successful transition of the youth from the

31  

                                  6

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  department to the family. Conditional release includes, but is

 2  not limited to, nonresidential community-based programs.

 3         (14)  "Court," unless otherwise expressly stated, means

 4  the circuit court assigned to exercise jurisdiction under this

 5  chapter.

 6         (15)  "Day treatment" means a nonresidential,

 7  community-based program designed to provide therapeutic

 8  intervention to youth who are placed on probation or

 9  conditional release or are committed to the minimum-risk

10  nonresidential level. A day treatment program may provide

11  educational and vocational services and shall provide

12  case-management services; individual, group, and family

13  counseling; training designed to address delinquency risk

14  factors; and monitoring of a youth's compliance with, and

15  facilitation of a youth's completion of, sanctions if ordered

16  by the court. Program types may include, but are not limited

17  to, career programs, marine programs, juvenile justice

18  alternative schools, training and rehabilitation programs, and

19  gender-specific programs.

20         (16)(a)(15)(a)  "Delinquency program" means any intake,

21  probation, or similar program; regional detention center or

22  facility; or community-based program, whether owned and

23  operated by or contracted by the department of Juvenile

24  Justice, or institution owned and operated by or contracted by

25  the department of Juvenile Justice, which provides intake,

26  supervision, or custody and care of children who are alleged

27  to be or who have been found to be delinquent under pursuant

28  to part II.

29         (b)  "Delinquency program staff" means supervisory and

30  direct care staff of a delinquency program as well as support

31  

                                  7

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  staff who have direct contact with children in a delinquency

 2  program.

 3         (c)  "Delinquency prevention programs" means programs

 4  designed for the purpose of reducing the occurrence of

 5  delinquency, including youth and street gang activity, and

 6  juvenile arrests. The term excludes arbitration, diversionary

 7  or mediation programs, and community service work or other

 8  treatment available subsequent to a child committing a

 9  delinquent act.

10         (17)(16)  "Department" means the Department of Juvenile

11  Justice.

12         (18)(17)  "Designated facility" or "designated

13  treatment facility" means any facility designated by the

14  department of Juvenile Justice to provide treatment to

15  juvenile offenders.

16         (19)(18)  "Detention care" means the temporary care of

17  a child in secure, nonsecure, or home detention, pending a

18  court adjudication or disposition or execution of a court

19  order.  There are three types of detention care, as follows:

20         (a)  "Secure detention" means temporary custody of the

21  child while the child is under the physical restriction of a

22  detention center or facility pending adjudication,

23  disposition, or placement.

24         (b)  "Nonsecure detention" means temporary custody of

25  the child while the child is in a residential home in the

26  community in a physically nonrestrictive environment under the

27  supervision of the Department of Juvenile Justice pending

28  adjudication, disposition, or placement.

29         (c)  "Home detention" means temporary custody of the

30  child while the child is released to the custody of the

31  parent, guardian, or custodian in a physically nonrestrictive

                                  8

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  environment under the supervision of the department of

 2  Juvenile Justice staff pending adjudication, disposition, or

 3  placement.

 4         (20)(19)  "Detention center or facility" means a

 5  facility used pending court adjudication or disposition or

 6  execution of court order for the temporary care of a child

 7  alleged or found to have committed a violation of law.  A

 8  detention center or facility may provide secure or nonsecure

 9  custody. A facility used for the commitment of adjudicated

10  delinquents shall not be considered a detention center or

11  facility.

12         (21)(20)  "Detention hearing" means a hearing for the

13  court to determine if a child should be placed in temporary

14  custody, as provided for under ss. 985.213 and 985.215 in

15  delinquency cases.

16         (22)(21)  "Disposition hearing" means a hearing in

17  which the court determines the most appropriate dispositional

18  services in the least restrictive available setting provided

19  for under s. 985.231, in delinquency cases.

20         (23)(22)  "Family" means a collective  of persons,

21  consisting of a child and a parent, guardian, adult custodian,

22  or adult relative, in which:

23         (a)  The persons reside in the same house or living

24  unit; or

25         (b)  The parent, guardian, adult custodian, or adult

26  relative has a legal responsibility by blood, marriage, or

27  court order to support or care for the child.

28         (24)(23)  "Family in need of services" means a family

29  that has a child for whom there is no pending investigation

30  into an allegation of abuse, neglect, or abandonment or no

31  current supervision by the department of Juvenile Justice or

                                  9

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  the Department of Children and Family Services for an

 2  adjudication of dependency or delinquency. The child must also

 3  have been referred to a law enforcement agency or the

 4  department of Juvenile Justice for:

 5         (a)  Running away from parents or legal custodians;

 6         (b)  Persistently disobeying reasonable and lawful

 7  demands of parents or legal custodians, and being beyond their

 8  control; or

 9         (c)  Habitual truancy from school.

10         (25)(24)  "Foster care" means care provided a child in

11  a foster family or boarding home, group home, agency boarding

12  home, child care institution, or any combination thereof.

13         (26)(25)  "Habitually truant" means that:

14         (a)  The child has 15 unexcused absences within 90

15  calendar days with or without the knowledge or justifiable

16  consent of the child's parent or legal guardian, is subject to

17  compulsory school attendance under s. 1003.21(1) and (2)(a),

18  and is not exempt under s. 1003.21(3), s. 1003.24, or any

19  other exemptions specified by law or the rules of the State

20  Board of Education.

21         (b)  Escalating activities to determine the cause, and

22  to attempt the remediation, of the child's truant behavior

23  under ss. 1003.26 and 1003.27 have been completed.

24  

25  If a child who is subject to compulsory school attendance is

26  responsive to the interventions described in ss. 1003.26 and

27  1003.27 and has completed the necessary requirements to pass

28  the current grade as indicated in the district pupil

29  progression plan, the child shall not be determined to be

30  habitually truant and shall be passed. If a child within the

31  compulsory school attendance age has 15 unexcused absences

                                  10

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  within 90 calendar days or fails to enroll in school, the

 2  state attorney may file a child-in-need-of-services petition.

 3  Before Prior to filing a petition, the child must be referred

 4  to the appropriate agency for evaluation.  After consulting

 5  with the evaluating agency, the state attorney may elect to

 6  file a child-in-need-of-services petition.

 7         (c)  A school representative, designated according to

 8  school board policy, and a juvenile probation officer of the

 9  department of Juvenile Justice have jointly investigated the

10  truancy problem or, if that was not feasible, have performed

11  separate investigations to identify conditions that could be

12  contributing to the truant behavior; and if, after a joint

13  staffing of the case to determine the necessity for services,

14  such services were determined to be needed, the persons who

15  performed the investigations met jointly with the family and

16  child to discuss any referral to appropriate community

17  agencies for economic services, family or individual

18  counseling, or other services required to remedy the

19  conditions that are contributing to the truant behavior.

20         (d)  The failure or refusal of the parent or legal

21  guardian or the child to participate, or make a good faith

22  effort to participate, in the activities prescribed to remedy

23  the truant behavior, or the failure or refusal of the child to

24  return to school after participation in activities required by

25  this subsection, or the failure of the child to stop the

26  truant behavior after the school administration and the

27  department of Juvenile Justice have worked with the child as

28  described in s. 1003.27(3) shall be handled as prescribed in

29  s. 1003.27.

30         (27)(26)  "Halfway house" means a community-based

31  residential program for 10 or more committed delinquents at

                                  11

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  the moderate-risk commitment level which is operated or

 2  contracted by the department of Juvenile Justice.

 3         (28)(27)  "Intake" means the initial acceptance and

 4  screening by the department of Juvenile Justice of a complaint

 5  or a law enforcement report or probable cause affidavit of

 6  delinquency, family in need of services, or child in need of

 7  services to determine the recommendation to be taken in the

 8  best interests of the child, the family, and the community.

 9  The emphasis of intake is on diversion and the least

10  restrictive available services. Consequently, intake includes

11  such alternatives as:

12         (a)  The disposition of the complaint, report, or

13  probable cause affidavit without court or public agency action

14  or judicial handling when appropriate.

15         (b)  The referral of the child to another public or

16  private agency when appropriate.

17         (c)  The recommendation by the juvenile probation

18  officer of judicial handling when appropriate and warranted.

19         (29)(28)  "Judge" means the circuit judge exercising

20  jurisdiction pursuant to this chapter.

21         (30)(29)  "Juvenile justice continuum" includes, but is

22  not limited to, delinquency prevention programs and services

23  designed for the purpose of preventing or reducing delinquent

24  acts, including criminal activity by youth gangs, and juvenile

25  arrests, as well as programs and services targeted at children

26  who have committed delinquent acts, and children who have

27  previously been committed to residential treatment programs

28  for delinquents. The term includes

29  children-in-need-of-services and families-in-need-of-services

30  programs; conditional release; substance abuse and mental

31  health programs; educational and career programs; recreational

                                  12

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  programs; community services programs; community service work

 2  programs; and alternative dispute resolution programs serving

 3  children at risk of delinquency and their families, whether

 4  offered or delivered by state or local governmental entities,

 5  public or private for-profit or not-for-profit organizations,

 6  or religious or charitable organizations.

 7         (31)(30)  "Juvenile probation officer" means the

 8  authorized agent of the department of Juvenile Justice who

 9  performs the intake, case management, or supervision

10  functions.

11         (32)(31)  "Juvenile sexual offender" means:

12         (a)  A juvenile who has been found by the court under

13  pursuant to s. 985.228 to have committed a violation of

14  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

15  847.0133;

16         (b)  A juvenile found to have committed any felony

17  violation of law or delinquent act involving juvenile sexual

18  abuse. "Juvenile sexual abuse" means any sexual behavior which

19  occurs without consent, without equality, or as a result of

20  coercion.  For purposes of this subsection, the following

21  definitions apply:

22         1.  "Coercion" means the exploitation of authority, use

23  of bribes, threats of force, or intimidation to gain

24  cooperation or compliance.

25         2.  "Equality" means two participants operating with

26  the same level of power in a relationship, neither being

27  controlled nor coerced by the other.

28         3.  "Consent" means an agreement including all of the

29  following:

30         a.  Understanding what is proposed based on age,

31  maturity, developmental level, functioning, and experience.

                                  13

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         b.  Knowledge of societal standards for what is being

 2  proposed.

 3         c.  Awareness of potential consequences and

 4  alternatives.

 5         d.  Assumption that agreement or disagreement will be

 6  accepted equally.

 7         e.  Voluntary decision.

 8         f.  Mental competence.

 9  

10  Juvenile sexual offender behavior ranges from noncontact

11  sexual behavior such as making obscene phone calls,

12  exhibitionism, voyeurism, and the showing or taking of lewd

13  photographs to varying degrees of direct sexual contact, such

14  as frottage, fondling, digital penetration, rape, fellatio,

15  sodomy, and various other sexually aggressive acts.

16         (33)(32)  "Legal custody or guardian"  means a legal

17  status created by court order or letter of guardianship which

18  vests in a custodian of the person or guardian, whether an

19  agency or an individual, the right to have physical custody of

20  the child and the right and duty to protect, train, and

21  discipline the child and to provide him or her with food,

22  shelter, education, and ordinary medical, dental, psychiatric,

23  and psychological care.

24         (34)(33)  "Licensed child-caring agency" means a

25  person, society, association, or agency licensed by the

26  Department of Children and Family Services to care for,

27  receive, and board children.

28         (35)(34)  "Licensed health care professional" means a

29  physician licensed under chapter 458, an osteopathic physician

30  licensed under chapter 459, a nurse licensed under part I of

31  

                                  14

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  chapter 464, a physician assistant licensed under chapter 458

 2  or chapter 459, or a dentist licensed under chapter 466.

 3         (36)(35)  "Likely to injure oneself" means that, as

 4  evidenced by violent or other actively self-destructive

 5  behavior, it is more likely than not that within a 24-hour

 6  period the child will attempt to commit suicide or inflict

 7  serious bodily harm on himself or herself.

 8         (37)(36)  "Likely to injure others" means that it is

 9  more likely than not that within a 24-hour period the child

10  will inflict serious and unjustified bodily harm on another

11  person.

12         (38)(37)  "Mediation" means a process whereby a neutral

13  third person called a mediator acts to encourage and

14  facilitate the resolution of a dispute between two or more

15  parties.  It is an informal and nonadversarial process with

16  the objective of helping the disputing parties reach a

17  mutually acceptable and voluntary agreement.  In mediation,

18  decisionmaking authority rests with the parties.  The role of

19  the mediator includes, but is not limited to, assisting the

20  parties in identifying issues, fostering joint problem

21  solving, and exploring settlement alternatives.

22         (39)(38)  "Necessary medical treatment" means care

23  which is necessary within a reasonable degree of medical

24  certainty to prevent the deterioration of a child's condition

25  or to alleviate immediate pain of a child.

26         (40)(39)  "Next of kin" means an adult relative of a

27  child who is the child's brother, sister, grandparent, aunt,

28  uncle, or first cousin.

29         (41)(40)  "Parent" means a woman who gives birth to a

30  child and a man whose consent to the adoption of the child

31  would be required under s. 63.062(1). If a child has been

                                  15

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  legally adopted, the term "parent" means the adoptive mother

 2  or father of the child. The term does not include an

 3  individual whose parental relationship to the child has been

 4  legally terminated, or an alleged or prospective parent,

 5  unless the parental status falls within the terms of either s.

 6  39.503(1) or s. 63.062(1).

 7         (42)(41)  "Preliminary screening" means the gathering

 8  of preliminary information to be used in determining a child's

 9  need for further evaluation or assessment or for referral for

10  other substance abuse services through means such as

11  psychosocial interviews; urine and breathalyzer screenings;

12  and reviews of available educational, delinquency, and

13  dependency records of the child.

14         (43)(42)  "Preventive services" means social services

15  and other supportive and rehabilitative services provided to

16  the parent of the child, the legal guardian of the child, or

17  the custodian of the child and to the child for the purpose of

18  averting the removal of the child from the home or disruption

19  of a family which will or could result in the placement of a

20  child in foster care.  Social services and other supportive

21  and rehabilitative services shall promote the child's need for

22  a safe, continuous, stable living environment and shall

23  promote family autonomy and shall strengthen family life as

24  the first priority whenever possible.

25         (44)(43)  "Probation" means the legal status of

26  probation created by law and court order in cases involving a

27  child who has been found to have committed a delinquent act.

28  Probation is an individualized program in which the freedom of

29  the child is limited and the child is restricted to

30  noninstitutional quarters or restricted to the child's home in

31  lieu of commitment to the custody of the department of

                                  16

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  Juvenile Justice. Youth on probation may be assessed and

 2  classified for placement in day-treatment probation programs

 3  designed for youth who represent a minimum risk to themselves

 4  and public safety and do not require placement and services in

 5  a residential setting. Program types in this more intensive

 6  and structured day-treatment probation option include career

 7  programs, marine programs, juvenile justice alternative

 8  schools, training and rehabilitation programs, and

 9  gender-specific programs.

10         (45)(44)  "Relative" means a grandparent,

11  great-grandparent, sibling, first cousin, aunt, uncle,

12  great-aunt, great-uncle, niece, or nephew, whether related by

13  the whole or half blood, by affinity, or by adoption. The term

14  does not include a stepparent.

15         (46)(45)  "Restrictiveness Residential Commitment

16  level" means the level of programming and security provided by

17  programs that service the supervision, custody, care, and

18  treatment needs of committed children. Sections 985.3141 and

19  985.404(11) apply to children placed in programs at any

20  residential commitment level.  The restrictiveness levels of

21  residential commitment are as follows:

22         (a)  Minimum-risk nonresidential.--Programs or program

23  models at this commitment level work with youth who remain in

24  the community and participate at least 5 days per week in a

25  day treatment program. Youth assessed and classified for

26  programs at this commitment level represent a minimum risk to

27  themselves and public safety and do not require placement and

28  services in residential settings. Youth in this level have

29  full access to, and reside in, the community. Youth who have

30  been found to have committed delinquent acts that involve

31  firearms, that are sexual offenses, or that would be life

                                  17

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  felonies or first-degree felonies if committed by an adult may

 2  not be committed to a program at this level.

 3         (b)(a)  Low-risk residential.--Programs or program

 4  models at this commitment level are residential but may allow

 5  youth to have unsupervised access to the community. Youth

 6  assessed and classified for placement in programs at this

 7  commitment level represent a low risk to themselves and public

 8  safety but do require placement and services in residential

 9  settings. Children who have been found to have committed

10  delinquent acts that involve firearms, delinquent acts that

11  are sexual offenses, or delinquent acts that would be life

12  felonies or first degree felonies if committed by an adult

13  shall not be committed to a program at this level.

14         (c)(b)  Moderate-risk residential.--Programs or program

15  models at this commitment level are residential but may allow

16  youth to have supervised access to the community. Facilities

17  are either environmentally secure, staff secure, or are

18  hardware-secure with walls, fencing, or locking doors.

19  Facilities shall provide 24-hour awake supervision, custody,

20  care, and treatment of residents. Youth assessed and

21  classified for placement in programs at this commitment level

22  represent a moderate risk to public safety and require close

23  supervision. The staff at a facility at this commitment level

24  may seclude a child who is a physical threat to himself or

25  herself or others.  Mechanical restraint may also be used when

26  necessary.

27         (d)(c)  High-risk residential.--Programs or program

28  models at this commitment level are residential and do shall

29  not allow youth to have access to the community except that,

30  temporary release providing community access for up to 72

31  continuous hours may be approved by a court for a youth who

                                  18

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  has made successful progress in his or her program in order

 2  for the youth to attend a family emergency or, during the

 3  final 60 days of his or her placement, to visit his or her

 4  home, enroll in school or a vocational program, complete a job

 5  interview, or participate in a community service project.

 6  High-risk residential facilities are hardware-secure with

 7  perimeter fencing and locking doors.  Facilities shall provide

 8  24-hour awake supervision, custody, care, and treatment of

 9  residents.  Youth assessed and classified for this level of

10  placement require close supervision in a structured

11  residential setting. Placement in programs at this level is

12  prompted by a concern for public safety that outweighs

13  placement in programs at lower commitment levels. The staff at

14  a facility at this commitment level may seclude a child who is

15  a physical threat to himself or herself or others.  Mechanical

16  restraint may also be used when necessary.  The facility may

17  provide for single cell occupancy.

18         (e)(d)  Maximum-risk residential.--Programs or program

19  models at this commitment level include juvenile correctional

20  facilities and juvenile prisons.  The programs are long-term

21  residential and do shall not allow youth to have access to the

22  community.  Facilities are maximum-custody hardware-secure

23  with perimeter security fencing and locking doors.  Facilities

24  shall provide 24-hour awake supervision, custody, care, and

25  treatment of residents.  The staff at a facility at this

26  commitment level may seclude a child who is a physical threat

27  to himself or herself or others.  Mechanical restraint may

28  also be used when necessary.  The facility shall provide for

29  single cell occupancy, except that youth may be housed

30  together during prerelease transition. Youth assessed and

31  classified for this level of placement require close

                                  19

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  supervision in a maximum security residential setting.

 2  Placement in a program at this level is prompted by a

 3  demonstrated need to protect the public.

 4         (47)(46)  "Respite" means a placement that is available

 5  for the care, custody, and placement of a youth charged with

 6  domestic violence as an alternative to secure detention or for

 7  placement of a youth when a shelter bed for a child in need of

 8  services or a family in need of services is unavailable.

 9         (48)(47)  "Secure detention center or facility" means a

10  physically restricting facility for the temporary care of

11  children, pending adjudication, disposition, or placement.

12         (49)(48)  "Serious or habitual juvenile offender," for

13  purposes of commitment to a residential facility and for

14  purposes of records retention, means a child who has been

15  found to have committed a delinquent act or a violation of

16  law, in the case currently before the court, and who meets at

17  least one of the following criteria:

18         (a)  The youth is at least 13 years of age at the time

19  of the disposition for the current offense and has been

20  adjudicated on the current offense for:

21         1.  Arson;

22         2.  Sexual battery;

23         3.  Robbery;

24         4.  Kidnapping;

25         5.  Aggravated child abuse;

26         6.  Aggravated assault;

27         7.  Aggravated stalking;

28         8.  Murder;

29         9.  Manslaughter;

30         10.  Unlawful throwing, placing, or discharging of a

31  destructive device or bomb;

                                  20

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         11.  Armed burglary;

 2         12.  Aggravated battery;

 3         13.  Any lewd or lascivious offense committed upon or

 4  in the presence of a person less than 16 years of age; or

 5         14.  Carrying, displaying, using, threatening, or

 6  attempting to use a weapon or firearm during the commission of

 7  a felony.

 8         (b)  The youth is at least 13 years of age at the time

 9  of the disposition, the current offense is a felony, and the

10  child has previously been committed at least two times to a

11  delinquency commitment program.

12         (c)  The youth is at least 13 years of age and is

13  currently committed for a felony offense and transferred from

14  a moderate-risk or high-risk residential commitment placement.

15         (50)(49)  "Serious or habitual juvenile offender

16  program" means the program established in s. 985.31.

17         (51)(50)  "Shelter" means a place for the temporary

18  care of a child who is alleged to be or who has been found to

19  be delinquent.

20         (52)(51)  "Shelter hearing" means a hearing provided

21  for under s. 984.14 in family-in-need-of-services cases or

22  child-in-need-of-services cases.

23         (53)(52)  "Staff-secure shelter" means a facility in

24  which a child is supervised 24 hours a day by staff members

25  who are awake while on duty. The facility is for the temporary

26  care and assessment of a child who has been found to be

27  dependent, who has violated a court order and been found in

28  contempt of court, or whom the Department of Children and

29  Family Services is unable to properly assess or place for

30  assistance within the continuum of services provided for

31  dependent children.

                                  21

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (54)(53)  "Substance abuse" means using, without

 2  medical reason, any psychoactive or mood-altering drug,

 3  including alcohol, in such a manner as to induce impairment

 4  resulting in dysfunctional social behavior.

 5         (55)(54)  "Taken into custody" means the status of a

 6  child immediately when temporary physical control over the

 7  child is attained by a person authorized by law, pending the

 8  child's release, detention, placement, or other disposition as

 9  authorized by law.

10         (56)(55)  "Temporary legal custody" means the

11  relationship that a juvenile court creates between a child and

12  an adult relative of the child, adult nonrelative approved by

13  the court, or other person until a more permanent arrangement

14  is ordered. Temporary legal custody confers upon the custodian

15  the right to have temporary physical custody of the child and

16  the right and duty to protect, train, and discipline the child

17  and to provide the child with food, shelter, and education,

18  and ordinary medical, dental, psychiatric, and psychological

19  care, unless these rights and duties are otherwise enlarged or

20  limited by the court order establishing the temporary legal

21  custody relationship.

22         (57)(56)  "Temporary release" means the terms and

23  conditions under which a child is temporarily released from a

24  residential commitment facility or allowed home visits. If the

25  temporary release is from a moderate-risk residential

26  facility, a high-risk residential facility, or a maximum-risk

27  residential facility, the terms and conditions of the

28  temporary release must be approved by the child, the court,

29  and the facility. The term includes periods during which the

30  child is supervised pursuant to a conditional release program

31  or a period during which the child is supervised by a juvenile

                                  22

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  probation officer or other nonresidential staff of the

 2  department or staff employed by an entity under contract with

 3  the department.

 4         (58)(57)  "Training school" means one of the following

 5  facilities: the Arthur G. Dozier School or the Eckerd Youth

 6  Development Center.

 7         (59)(58)  "Violation of law" or "delinquent act" means

 8  a violation of any law of this state, the United States, or

 9  any other state which is a misdemeanor or a felony or a

10  violation of a county or municipal ordinance which would be

11  punishable by incarceration if the violation were committed by

12  an adult.

13         (60)(59)  "Waiver hearing" means a hearing provided for

14  under s. 985.226(3).

15         Section 2.  Paragraph (d) of subsection (1) of section

16  985.207, Florida Statutes, is amended to read:

17         985.207  Taking a child into custody.--

18         (1)  A child may be taken into custody under the

19  following circumstances:

20         (d)  By a law enforcement officer who has probable

21  cause to believe that the child is in violation of the

22  conditions of the child's probation, home detention,

23  postcommitment probation, or conditional release supervision

24  or has escaped in violation of s. 985.3141 from commitment.

25  

26  Nothing in this subsection shall be construed to allow the

27  detention of a child who does not meet the detention criteria

28  in s. 985.215.

29         Section 3.  Subsection (1) of section 985.208, Florida

30  Statutes, is amended to read:

31  

                                  23

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         985.208  Detention of escapee on authority of the

 2  department.--

 3         (1)  If an authorized agent of the department has

 4  reasonable grounds to believe that any delinquent child

 5  committed to the department has escaped from a residential

 6  commitment facility of the department or from being lawfully

 7  transported thereto or therefrom, the agent may take the child

 8  into active custody and may deliver the child to the facility

 9  or, if it is closer, to a detention center for return to the

10  facility. However, a child may not be held in detention longer

11  than 24 hours, excluding Saturdays, Sundays, and legal

12  holidays, unless a special order so directing is made by the

13  judge after a detention hearing resulting in a finding that

14  detention is required based on the criteria in s. 985.215(2).

15  The order shall state the reasons for such finding. The

16  reasons shall be reviewable by appeal or in habeas corpus

17  proceedings in the district court of appeal.

18         Section 4.  Paragraphs (a) and (d) of subsection (1)

19  and subsection (2) of section 985.231, Florida Statutes, are

20  amended to read:

21         985.231  Powers of disposition in delinquency cases.--

22         (1)(a)  The court that has jurisdiction of an

23  adjudicated delinquent child may, by an order stating the

24  facts upon which a determination of a sanction and

25  rehabilitative program was made at the disposition hearing:

26         1.  Place the child in a probation program or a

27  postcommitment probation program under the supervision of an

28  authorized agent of the Department of Juvenile Justice or of

29  any other person or agency specifically authorized and

30  appointed by the court, whether in the child's own home, in

31  the home of a relative of the child, or in some other suitable

                                  24

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  place under such reasonable conditions as the court may

 2  direct. A probation program for an adjudicated delinquent

 3  child must include a penalty component such as restitution in

 4  money or in kind, community service, a curfew, revocation or

 5  suspension of the driver's license of the child, or other

 6  nonresidential punishment appropriate to the offense and must

 7  also include a rehabilitative program component such as a

 8  requirement of participation in substance abuse treatment or

 9  in school or other educational program. If the child is

10  attending or is eligible to attend public school and the court

11  finds that the victim or a sibling of the victim in the case

12  is attending or may attend the same school as the child, the

13  court placement order shall include a finding pursuant to the

14  proceedings described in s. 985.23(1)(d). Upon the

15  recommendation of the department at the time of disposition,

16  or subsequent to disposition pursuant to the filing of a

17  petition alleging a violation of the child's conditions of

18  postcommitment probation, the court may order the child to

19  submit to random testing for the purpose of detecting and

20  monitoring the use of alcohol or controlled substances.

21         a.  A restrictiveness level classification scale for

22  levels of supervision shall be provided by the department,

23  taking into account the child's needs and risks relative to

24  probation supervision requirements to reasonably ensure the

25  public safety. Probation programs for children shall be

26  supervised by the department or by any other person or agency

27  specifically authorized by the court. These programs must

28  include, but are not limited to, structured or restricted

29  activities as described in this subparagraph, and shall be

30  designed to encourage the child toward acceptable and

31  functional social behavior. If supervision or a program of

                                  25

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  community service is ordered by the court, the duration of

 2  such supervision or program must be consistent with any

 3  treatment and rehabilitation needs identified for the child

 4  and may not exceed the term for which sentence could be

 5  imposed if the child were committed for the offense, except

 6  that the duration of such supervision or program for an

 7  offense that is a misdemeanor of the second degree, or is

 8  equivalent to a misdemeanor of the second degree, may be for a

 9  period not to exceed 6 months. When restitution is ordered by

10  the court, the amount of restitution may not exceed an amount

11  the child and the parent or guardian could reasonably be

12  expected to pay or make. A child who participates in any work

13  program under this part is considered an employee of the state

14  for purposes of liability, unless otherwise provided by law.

15         b.  The court may conduct judicial review hearings for

16  a child placed on probation for the purpose of fostering

17  accountability to the judge and compliance with other

18  requirements, such as restitution and community service. The

19  court may allow early termination of probation for a child who

20  has substantially complied with the terms and conditions of

21  probation.

22         c.  If the conditions of the probation program or the

23  postcommitment probation program are violated, the department

24  or the state attorney may bring the child before the court on

25  a petition alleging a violation of the program. Any child who

26  violates the conditions of probation or postcommitment

27  probation must be brought before the court if sanctions are

28  sought. A child taken into custody under s. 985.207 for

29  violating the conditions of probation or postcommitment

30  probation shall be held in a consequence unit if such a unit

31  is available. The child shall be afforded a hearing within 24

                                  26

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  hours after being taken into custody to determine the

 2  existence of probable cause that the child violated the

 3  conditions of probation or postcommitment probation. A

 4  consequence unit is a secure facility specifically designated

 5  by the department for children who are taken into custody

 6  under s. 985.207 for violating probation or postcommitment

 7  probation, or who have been found by the court to have

 8  violated the conditions of probation or postcommitment

 9  probation. If the violation involves a new charge of

10  delinquency, the child may be detained under s. 985.215 in a

11  facility other than a consequence unit. If the child is not

12  eligible for detention for the new charge of delinquency, the

13  child may be held in the consequence unit pending a hearing

14  and is subject to the time limitations specified in s.

15  985.215. If the child denies violating the conditions of

16  probation or postcommitment probation, the court shall appoint

17  counsel to represent the child at the child's request. Upon

18  the child's admission, or if the court finds after a hearing

19  that the child has violated the conditions of probation or

20  postcommitment probation, the court shall enter an order

21  revoking, modifying, or continuing probation or postcommitment

22  probation. In each such case, the court shall enter a new

23  disposition order and, in addition to the sanctions set forth

24  in this paragraph, may impose any sanction the court could

25  have imposed at the original disposition hearing. If the child

26  is found to have violated the conditions of probation or

27  postcommitment probation, the court may:

28         (I)  Place the child in a consequence unit in that

29  judicial circuit, if available, for up to 5 days for a first

30  violation, and up to 15 days for a second or subsequent

31  violation.

                                  27

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (II)  Place the child on home detention with electronic

 2  monitoring. However, this sanction may be used only if a

 3  residential consequence unit is not available.

 4         (III)  Modify or continue the child's probation program

 5  or postcommitment probation program.

 6         (IV)  Revoke probation or postcommitment probation and

 7  commit the child to the department.

 8         d.  Notwithstanding s. 743.07 and paragraph (d), and

 9  except as provided in s. 985.31, the term of any order placing

10  a child in a probation program must be until the child's 19th

11  birthday unless he or she is released by the court, on the

12  motion of an interested party or on its own motion.

13         2.  Commit the child to a licensed child-caring agency

14  willing to receive the child, but the court may not commit the

15  child to a jail or to a facility used primarily as a detention

16  center or facility or shelter.

17         3.  Commit the child to the department of Juvenile

18  Justice at a restrictiveness residential commitment level

19  defined in s. 985.03. Such commitment must be for the purpose

20  of exercising active control over the child, including, but

21  not limited to, custody, care, training, urine monitoring, and

22  treatment of the child and release of the child from

23  residential commitment into the community in a postcommitment

24  nonresidential conditional release program. If the child is

25  eligible to attend public school following residential

26  commitment and the court finds that the victim or a sibling of

27  the victim in the case is or may be attending the same school

28  as the child, the commitment order shall include a finding

29  pursuant to the proceedings described in s. 985.23(1)(d). If

30  the child is not successful in the conditional release

31  program, the department may use the transfer procedure under

                                  28

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and

 2  except as provided in s. 985.31, the term of the commitment

 3  must be until the child is discharged by the department or

 4  until he or she reaches the age of 21.

 5         4.  Revoke or suspend the driver's license of the

 6  child.

 7         5.  Require the child and, if the court finds it

 8  appropriate, the child's parent or guardian together with the

 9  child, to render community service in a public service

10  program.

11         6.  As part of the probation program to be implemented

12  by the Department of Juvenile Justice, or, in the case of a

13  committed child, as part of the community-based sanctions

14  ordered by the court at the disposition hearing or before the

15  child's release from commitment, order the child to make

16  restitution in money, through a promissory note cosigned by

17  the child's parent or guardian, or in kind for any damage or

18  loss caused by the child's offense in a reasonable amount or

19  manner to be determined by the court. The clerk of the circuit

20  court shall be the receiving and dispensing agent. In such

21  case, the court shall order the child or the child's parent or

22  guardian to pay to the office of the clerk of the circuit

23  court an amount not to exceed the actual cost incurred by the

24  clerk as a result of receiving and dispensing restitution

25  payments. The clerk shall notify the court if restitution is

26  not made, and the court shall take any further action that is

27  necessary against the child or the child's parent or guardian.

28  A finding by the court, after a hearing, that the parent or

29  guardian has made diligent and good faith efforts to prevent

30  the child from engaging in delinquent acts absolves the parent

31  

                                  29

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  or guardian of liability for restitution under this

 2  subparagraph.

 3         7.  Order the child and, if the court finds it

 4  appropriate, the child's parent or guardian together with the

 5  child, to participate in a community work project, either as

 6  an alternative to monetary restitution or as part of the

 7  rehabilitative or probation program.

 8         8.  Commit the child to the Department of Juvenile

 9  Justice for placement in a program or facility for serious or

10  habitual juvenile offenders in accordance with s. 985.31. Any

11  commitment of a child to a program or facility for serious or

12  habitual juvenile offenders must be for an indeterminate

13  period of time, but the time may not exceed the maximum term

14  of imprisonment that an adult may serve for the same offense.

15  The court may retain jurisdiction over such child until the

16  child reaches the age of 21, specifically for the purpose of

17  the child completing the program.

18         9.  In addition to the sanctions imposed on the child,

19  order the parent or guardian of the child to perform community

20  service if the court finds that the parent or guardian did not

21  make a diligent and good faith effort to prevent the child

22  from engaging in delinquent acts. The court may also order the

23  parent or guardian to make restitution in money or in kind for

24  any damage or loss caused by the child's offense. The court

25  shall determine a reasonable amount or manner of restitution,

26  and payment shall be made to the clerk of the circuit court as

27  provided in subparagraph 6.

28         10.  Subject to specific appropriation, commit the

29  juvenile sexual offender to the Department of Juvenile Justice

30  for placement in a program or facility for juvenile sexual

31  offenders in accordance with s. 985.308.  Any commitment of a

                                  30

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  juvenile sexual offender to a program or facility for juvenile

 2  sexual offenders must be for an indeterminate period of time,

 3  but the time may not exceed the maximum term of imprisonment

 4  that an adult may serve for the same offense. The court may

 5  retain jurisdiction over a juvenile sexual offender until the

 6  juvenile sexual offender reaches the age of 21, specifically

 7  for the purpose of completing the program.

 8         (d)  Any commitment of a delinquent child to the

 9  Department of Juvenile Justice must be for an indeterminate

10  period of time, which may include periods of temporary

11  release; however, but the period of time may not exceed the

12  maximum term of imprisonment that an adult may serve for the

13  same offense, except that the duration of a minimum-risk,

14  nonresidential commitment for an offense that is a misdemeanor

15  of the second degree, or is equivalent to a misdemeanor of the

16  second degree, may be for a period not to exceed 6 months. The

17  duration of the child's placement in a residential commitment

18  program of any restrictiveness level shall be based on

19  objective performance-based treatment planning. The child's

20  treatment plan progress and adjustment-related issues shall be

21  reported to the court quarterly, unless the court requests

22  monthly reports each month. The child's length of stay in a

23  residential commitment program may be extended if the child

24  fails to comply with or participate in treatment activities.

25  The child's length of stay in such program shall not be

26  extended for purposes of sanction or punishment. Any temporary

27  release from such program must be approved by the court. Any

28  child so committed may be discharged from institutional

29  confinement or a program upon the direction of the department

30  with the concurrence of the court. The child's treatment plan

31  progress and adjustment-related issues must be communicated to

                                  31

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  the court at the time the department requests the court to

 2  consider releasing the child from the residential commitment

 3  program. Notwithstanding s. 743.07 and this subsection, and

 4  except as provided in ss. 985.201 and 985.31, a child may not

 5  be held under a commitment from a court under pursuant to this

 6  section after becoming 21 years of age. The department shall

 7  give the court that committed the child to the department

 8  reasonable notice, in writing, of its desire to discharge the

 9  child from a commitment facility. The court that committed the

10  child may thereafter accept or reject the request. If the

11  court does not respond within 10 days after receipt of the

12  notice, the request of the department shall be deemed granted.

13  This section does not limit the department's authority to

14  revoke a child's temporary release status and return the child

15  to a commitment facility for any violation of the terms and

16  conditions of the temporary release.

17         (2)  Following a delinquency adjudicatory hearing

18  pursuant to s. 985.228 and a delinquency disposition hearing

19  pursuant to s. 985.23 which results in a commitment

20  determination, the court shall, on its own or upon request by

21  the state or the department, determine whether the protection

22  of the public requires that the child be placed in a program

23  for serious or habitual juvenile offenders and whether the

24  particular needs of the child would be best served by a

25  program for serious or habitual juvenile offenders as provided

26  in s. 985.31. The determination shall be made pursuant to ss.

27  985.03(49) ss. 985.03(48) and 985.23(3).

28         Section 5.  Paragraph (a) of subsection (1) of section

29  985.2311, Florida Statutes, is amended to read:

30         985.2311  Cost of supervision; cost of care.--

31  

                                  32

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (1)  Except as provided in subsection (3) or subsection

 2  (4):

 3         (a)  When any child is placed into home detention,

 4  probation, or other supervision status with the Department of

 5  Juvenile Justice, or is committed to the minimum-risk,

 6  nonresidential restrictiveness level, the court shall order

 7  the parent of such child to pay to the department a fee for

 8  the cost of the supervision of such child in the amount of $1

 9  per day for each day that the child is in such supervision

10  status.

11         Section 6.  Subsection (3) of section 985.316, Florida

12  Statutes, is amended to read:

13         985.316  Conditional release.--

14         (3)  For juveniles referred or committed to the

15  department, the function of the department may include, but

16  shall not be limited to, assessing each committed juvenile

17  placed in a residential commitment program to determine the

18  need for conditional release services upon release from the a

19  commitment program, supervising the juvenile when released

20  into the community from a residential commitment facility of

21  the department, providing such counseling and other services

22  as may be necessary for the families and assisting their

23  preparations for the return of the child. Subject to specific

24  appropriation, the department shall provide for outpatient

25  sexual offender counseling for any juvenile sexual offender

26  released from a commitment program as a component of

27  conditional release.

28         Section 7.  Section 985.403, Florida Statutes, is

29  repealed.

30         Section 8.  Task force on juvenile sexual offenders and

31  their victims.--

                                  33

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (1)  On or before August 1, 2005, the Department of

 2  Juvenile Justice shall create a task force to review and

 3  evaluate the state's laws that address juvenile sex offenders

 4  and the department's practices and procedures for serving

 5  these offenders and their victims. The task force shall make

 6  findings that include, but are not limited to, a profile of

 7  this state's juvenile sex offenders and of dispositions

 8  received by those offenders, identification of statutes that

 9  address these offenders, identification of community-based and

10  commitment programming available for these offenders and of

11  such programming's effectiveness, the appropriateness and

12  rehabilitative efficacy of placing these offenders in

13  residential commitment programs, and identification of

14  qualifications required for staff who serve these offenders.

15  Based on its findings, the task force shall make

16  recommendations for how the state's laws, policies, programs,

17  and funding for juvenile sexual offenders may be improved.

18         (2)  The Secretary of Juvenile Justice, or his or her

19  designee, shall appoint up to 12 members to the task force.

20  The task force shall be composed of representatives who shall

21  include, but are not limited to, the following: a circuit

22  court judge with at least 1 year's experience in the juvenile

23  division, a state attorney with at least 1 year's experience

24  in the juvenile division, a public defender with at least 1

25  year's experience in the juvenile division, one representative

26  of the Department of Juvenile Justice, two representatives of

27  providers of juvenile sexual offender services, one member of

28  the Florida Juvenile Justice Association, one member of the

29  Florida Association for the Treatment of Sexual Abusers, and

30  one victim of a juvenile sexual offense.

31  

                                  34

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (3)  The task force shall submit a written report of

 2  its findings and recommendations to the Governor, the

 3  President of the Senate, and the Speaker of the House of

 4  Representatives by December 1, 2005.

 5         (4)  Administrative support for the task force shall be

 6  provided by the Department of Juvenile Justice. Members of the

 7  task force shall receive no salary from the state beyond the

 8  salary already received from their sponsoring agency, if any,

 9  and are not entitled to reimbursement for travel and per diem

10  expenses.

11         (5)  The task force shall be dissolved upon the

12  submission of its report.

13         Section 9.  Task Force to study certification for

14  juvenile justice provider staff.--

15         (1)  On or before August 1, 2005, the Department of

16  Juvenile Justice shall create a task force to study the

17  feasibility of establishing a certification process for staff

18  employed by a provider under contract with the Department of

19  Juvenile Justice to provide juvenile justice services to

20  youth.

21         (2)  The Secretary of Juvenile Justice, or his or her

22  designee, shall appoint up to 12 members to the task force.

23  The task force shall be composed of representatives who shall

24  include, but are not limited to, the following: two

25  representatives of the Department of Juvenile Justice, two

26  representatives of providers of juvenile justice services, two

27  members of the Florida Juvenile Justice Association, two

28  provider employees who provide direct care services, and two

29  representatives of the Florida Certification Board.

30         (3)  The task force shall consider the feasibility of

31  implementing and operating a certification system for staff

                                  35

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  who work in juvenile justice facilities, services, or

 2  programs. At a minimum, the task force shall consider, and

 3  make recommendations concerning, the occupational levels of

 4  staff subject to certification, the criteria that may be used

 5  to certify staff, the levels of certification, and a process

 6  for testing and validating the effectiveness of any

 7  recommended staff certification system. In making its

 8  recommendations, the task force shall make findings regarding

 9  the benefits of a staff certification system for this state's

10  juvenile justice programming and the cost to implement such a

11  system.

12         (4)  The task force shall submit a written report of

13  its findings and recommendations to the Governor, the

14  President of the Senate, and the Speaker of the House of

15  Representatives by January 1, 2006.

16         (5)  Administrative support for the task force shall be

17  provided by the Department of Juvenile Justice. Members of the

18  task force shall receive no salary from the state beyond the

19  salary already received from their sponsoring agency, if any,

20  and are not entitled to reimbursement for travel and per diem

21  expenses.

22         (6)  The task force shall be dissolved upon the

23  submission of its report.

24         Section 10.  Subsection (10) of section 985.4135,

25  Florida Statutes, is amended to read:

26         985.4135  Juvenile justice circuit boards and juvenile

27  justice county councils.--

28         (10)  Membership of the juvenile justice county

29  councils, or juvenile justice circuit boards established under

30  subsection (9), may must include representatives from the

31  following entities:

                                  36

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (a)  Representatives from the school district, which

 2  may include elected school board officials, the school

 3  superintendent, school or district administrators, teachers,

 4  and counselors.

 5         (b)  Representatives of the board of county

 6  commissioners.

 7         (c)  Representatives of the governing bodies of local

 8  municipalities within the county.

 9         (d)  A representative of the corresponding circuit or

10  regional entity of the Department of Children and Family

11  Services.

12         (e)  Representatives of local law enforcement agencies,

13  including the sheriff or the sheriff's designee.

14         (f)  Representatives of the judicial system.

15         (g)  Representatives of the business community.

16         (h)  Representatives of other interested officials,

17  groups, or entities, including, but not limited to, a

18  children's services council, public or private providers of

19  juvenile justice programs and services, students, parents, and

20  advocates. Private providers of juvenile justice programs may

21  not exceed one-third of the voting membership.

22         (i)  Representatives of the faith community.

23         (j)  Representatives of victim-service programs and

24  victims of crimes.

25         (k)  Representatives of the Department of Corrections.

26         Section 11.  Section 784.075, Florida Statutes, is

27  amended to read:

28         784.075  Battery on detention or commitment facility

29  staff or a juvenile probation officer.--A person who commits a

30  battery on a juvenile probation officer, as defined in s.

31  984.03 or s. 985.03, on other staff of a detention center or

                                  37

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1  facility as defined in s. 984.03(19) or s. 985.03(20) s.

 2  985.03(19), or on a staff member of a commitment facility as

 3  defined in s. 985.03(46) s. 985.03(45), commits a felony of

 4  the third degree, punishable as provided in s. 775.082, s.

 5  775.083, or s. 775.084. For purposes of this section, a staff

 6  member of the facilities listed includes persons employed by

 7  the Department of Juvenile Justice, persons employed at

 8  facilities licensed by the Department of Juvenile Justice, and

 9  persons employed at facilities operated under a contract with

10  the Department of Juvenile Justice.

11         Section 12.  Subsection (2) of section 985.231, Florida

12  Statutes, is amended to read:

13         985.231  Powers of disposition in delinquency cases.--

14         (2)  Following a delinquency adjudicatory hearing

15  pursuant to s. 985.228 and a delinquency disposition hearing

16  pursuant to s. 985.23 which results in a commitment

17  determination, the court shall, on its own or upon request by

18  the state or the department, determine whether the protection

19  of the public requires that the child be placed in a program

20  for serious or habitual juvenile offenders and whether the

21  particular needs of the child would be best served by a

22  program for serious or habitual juvenile offenders as provided

23  in s. 985.31. The determination shall be made pursuant to ss.

24  985.03(49) ss. 985.03(48) and 985.23(3).

25         Section 13.  Paragraph (e) of subsection (3) and

26  paragraph (a) of subsection (4) of section 985.31, Florida

27  Statutes, are amended to read:

28         985.31  Serious or habitual juvenile offender.--

29         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

30  TREATMENT.--

31  

                                  38

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (e)  After a child has been adjudicated delinquent

 2  pursuant to s. 985.228, the court shall determine whether the

 3  child meets the criteria for a serious or habitual juvenile

 4  offender pursuant to s. 985.03(49) s. 985.03(48). If the court

 5  determines that the child does not meet such criteria, the

 6  provisions of s. 985.231(1) shall apply.

 7         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

 8         (a)  Pursuant to the provisions of this section, the

 9  department shall implement the comprehensive assessment

10  instrument for the treatment needs of serious or habitual

11  juvenile offenders and for the assessment, which assessment

12  shall include the criteria under s. 985.03(49) s. 985.03(48)

13  and shall also include, but not be limited to, evaluation of

14  the child's:

15         1.  Amenability to treatment.

16         2.  Proclivity toward violence.

17         3.  Tendency toward gang involvement.

18         4.  Substance abuse or addiction and the level thereof.

19         5.  History of being a victim of child abuse or sexual

20  abuse, or indication of sexual behavior dysfunction.

21         6.  Number and type of previous adjudications, findings

22  of guilt, and convictions.

23         7.  Potential for rehabilitation.

24         Section 14.  Section 985.3141, Florida Statutes, is

25  amended to read:

26         985.3141  Escapes from secure detention or residential

27  commitment facility.--An escape from:

28         (1)  Any secure detention facility maintained for the

29  temporary detention of children, pending adjudication,

30  disposition, or placement;

31  

                                  39

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






    Florida Senate - 2005                    CS for CS for SB 1978
    586-2003-05




 1         (2)  Any residential commitment facility described in

 2  s. 985.03(46) s. 985.03(45), maintained for the custody,

 3  treatment, punishment, or rehabilitation of children found to

 4  have committed delinquent acts or violations of law; or

 5         (3)  Lawful transportation to or from any such secure

 6  detention facility or residential commitment facility,

 7  

 8  constitutes escape within the intent and meaning of s. 944.40

 9  and is a felony of the third degree, punishable as provided in

10  s. 775.082, s. 775.083, or s. 775.084.

11         Section 15.  This act shall take effect July 1, 2005.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              CS1978

15                                 

16  Changes the provisions allowing the court to authorize the
    temporary release of a youth from a high risk residential
17  program during the final days of placements from the final 120
    days to the final 60 days of placement.
18  
    Specifies that the membership of the Juvenile Justice Task
19  Force relating to sex offenders must include one member of the
    Florida Association for the Treatment of Sexual Abusers rather
20  than one "licensed sex offender therapist."

21  Specifies that the membership of the task force studying the
    feasibility of implementing a certification program must
22  include two provider employees who provide direct care
    services.
23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  40

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