Senate Bill sb1454c1

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    Florida Senate - 2006                           CS for SB 1454

    By the Committee on Criminal Justice; and Senator Wise





    591-2072-06

  1                      A bill to be entitled

  2         An act relating to juvenile sexual offenders;

  3         amending s. 985.03, F.S.; defining the terms

  4         "psychosexual evaluation" and "qualified sexual

  5         offender practitioner"; amending s. 985.229,

  6         F.S.; requiring the court to order a

  7         psychosexual evaluation for a juvenile sexual

  8         offender; specifying requirements for provision

  9         of the psychosexual evaluation results and

10         recommendations to the court; amending s.

11         985.23, F.S.; requiring a predisposition report

12         to include an evaluation of the results and

13         recommendations of a psychosexual evaluation;

14         amending s. 985.231, F.S.; conforming a

15         cross-reference; requiring the court to

16         consider the psychosexual evaluation prior to

17         requiring that an offender be treated by a

18         community-based juvenile sexual offender

19         treatment program; deleting provisions

20         authorizing a comprehensive assessment of

21         sexually deviant behavior; revising provisions

22         to conform; amending ss. 985.31 and 985.3141,

23         F.S.; conforming cross-references; creating a

24         task force on juvenile sexual offenders and

25         their victims; providing for membership;

26         providing duties; requiring that the task force

27         submit a report to the Governor and the

28         Legislature; providing for administrative

29         support; authorizing payment of per diem and

30         travel expenses; providing for dissolution of

31         the task force; providing an effective date.

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    Florida Senate - 2006                           CS for SB 1454
    591-2072-06




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

 2  

 3         Section 1.  Present subsections (45) through (60) of

 4  section 985.03, Florida Statutes, are renumbered as

 5  subsections (47) through (62), respectively, and new

 6  subsections (45) and (46) are added to that section, to read:

 7         985.03  Definitions.--As used in this chapter, the

 8  term:

 9         (45)  "Psychosexual evaluation" means an evaluation by

10  a qualified sexual offender practitioner which addresses, at a

11  minimum, a juvenile sexual offender's:

12         (a)  Account of the incident and the official report of

13  the investigation.

14         (b)  Sexual development and sexual delinquency history

15  and treatment.

16         (c)  Behavioral and delinquency history.

17         (d)  Substance abuse and mental health history and

18  treatment.

19         (e)  Intellectual, personality, and trauma assessment.

20         (f)  Physiological assessment, if appropriate.

21         (g)  Family, social, educational, and employment

22  situation, including identification of the sources of this

23  information.

24         (h)  Risk for committing a future act of sexual

25  delinquency or physical harm to himself, herself, the victim,

26  or other persons.

27         (i)  Culpability assessment.

28         (j)  Diagnosis.

29         (k)  Amenability to treatment, including treatment

30  recommendations specific to his or her needs.

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1         (46)  "Qualified sexual offender practitioner" means a

 2  professional who is eligible to practice juvenile sexual

 3  offender therapy under s. 490.0145 or s. 491.0144, and who:

 4         (a)  Possesses at least:

 5         1.  Fifty-five hours of postgraduate continuing

 6  education courses in the following areas: DSM-IV diagnoses

 7  related to sexual offenders; etiology of sexual deviance;

 8  science-based sexually delinquent evaluation and risk

 9  assessment and treatment techniques; use of plethysmographs,

10  visual reaction time, and polygraphs in the evaluation,

11  treatment, and monitoring of juveniles who have committed

12  sexually delinquent acts; evaluation and treatment of special

13  populations; and legal and ethical issues in the evaluation

14  and treatment of juveniles who have committed sexually

15  delinquent acts; or

16         2.  Two thousand hours of postgraduate level practice

17  in the evaluation and treatment of persons who have committed

18  sexually delinquent acts which was directly supervised by a

19  professional who is eligible to practice juvenile sexual

20  offender therapy under s. 490.0145 or s. 491.0144; or

21         (b)  Is supervised by a professional who satisfies the

22  requirements of paragraph (a).

23         Section 2.  Subsection (4) is added to section 985.229,

24  Florida Statutes, to read:

25         985.229  Predisposition report; other evaluations.--

26         (4)  Following a delinquency adjudicatory hearing under

27  s. 985.228 for a juvenile sexual offender, the court shall

28  order the department to conduct or arrange for a psychosexual

29  evaluation of the offender. The results and recommendations of

30  the psychosexual evaluation shall be:

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1         (a)  Included in the offender's predisposition report;

 2  or

 3         (b)  Provided to the court in writing at least 48 hours

 4  prior to the disposition hearing if a predisposition report is

 5  not ordered in the juvenile sexual offender's case.

 6         Section 3.  Paragraph (i) is added to subsection (2) of

 7  section 985.23, Florida Statutes, to read:

 8         985.23  Disposition hearings in delinquency

 9  cases.--When a child has been found to have committed a

10  delinquent act, the following procedures shall be applicable

11  to the disposition of the case:

12         (2)  The first determination to be made by the court is

13  a determination of the suitability or nonsuitability for

14  adjudication and commitment of the child to the department.

15  This determination shall include consideration of the

16  recommendations of the department, which may include a

17  predisposition report. The predisposition report shall

18  include, whether as part of the child's multidisciplinary

19  assessment, classification, and placement process components

20  or separately, evaluation of the following criteria:

21         (i)  The results and recommendations of a psychosexual

22  evaluation for a juvenile sexual offender.

23  

24  At the time of disposition, the court may make recommendations

25  to the department as to specific treatment approaches to be

26  employed.

27         Section 4.  Subsections (2) and (3) of section 985.231,

28  Florida Statutes, are amended to read:

29         985.231  Powers of disposition in delinquency cases.--

30         (2)  Following a delinquency adjudicatory hearing

31  pursuant to s. 985.228 and a delinquency disposition hearing

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    Florida Senate - 2006                           CS for SB 1454
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 1  pursuant to s. 985.23 which results in a commitment

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

 3  the state or the department, determine whether the protection

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

 5  for serious or habitual juvenile offenders and whether the

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

 7  program for serious or habitual juvenile offenders as provided

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

 9  985.03(51) 985.03(49) and 985.23(3).

10         (3)(a)  Following a delinquency adjudicatory hearing

11  pursuant to s. 985.228 for a juvenile sexual offender, the

12  court, after consideration of the psychosexual evaluation

13  required by s. 985.229(4), may on its own or upon request by

14  the state or the department and subject to specific

15  appropriation, determine whether treatment by a

16  community-based juvenile sexual offender treatment program

17  would protect placement is required for the protection of the

18  public and what would be the best approach to address the

19  offender's treatment needs of the juvenile sexual offender.

20  When the court determines that a juvenile has no history of a

21  recent comprehensive assessment focused on sexually deviant

22  behavior, the court may, subject to specific appropriation,

23  order the department to conduct or arrange for an examination

24  to determine whether the juvenile sexual offender is amenable

25  to community-based treatment.

26         (a)  The report of the examination shall include, at a

27  minimum, the following:

28         1.  The juvenile sexual offender's account of the

29  incident and the official report of the investigation.

30         2.  The juvenile sexual offender's offense history.

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1         3.  A multidisciplinary assessment of the sexually

 2  deviant behaviors, including an assessment by a certified

 3  psychologist, therapist, or psychiatrist.

 4         4.  An assessment of the juvenile sexual offender's

 5  family, social, educational, and employment situation.  The

 6  report shall set forth the sources of the evaluator's

 7  information.

 8         (b)  The report shall assess the juvenile sexual

 9  offender's amenability to treatment and relative risk to the

10  victim and the community.

11         (b)(c)  The department shall provide a proposed plan to

12  the court which must that shall include, at a minimum for the

13  community-based juvenile sexual offender treatment program:

14         1.  The frequency and type of contact between the

15  offender and therapist.

16         2.  The specific issues and behaviors to be addressed

17  in the treatment and description of planned treatment methods.

18         3.  Monitoring plans, including any requirements

19  regarding living conditions, school attendance and

20  participation, lifestyle, and monitoring by family members,

21  legal guardians, or others.

22         4.  Anticipated length of treatment.

23         5.  Recommended crime-related prohibitions and curfew.

24         6.  Reasonable restrictions on the contact between the

25  juvenile sexual offender and either the victim or alleged

26  victim.

27         (c)(d)  After receipt of the report on the proposed

28  plan under paragraph (b) of treatment, the court shall

29  consider whether the community and the offender will benefit

30  from treatment proved by a community-based use of juvenile

31  sexual offender community-based treatment program alternative

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    Florida Senate - 2006                           CS for SB 1454
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 1  disposition and consider the opinion of the victim or the

 2  victim's family as to whether the offender should receive this

 3  a community-based treatment alternative disposition under this

 4  subsection.

 5         (d)(e)  If the court determines that a community-based

 6  this juvenile sexual offender community-based treatment

 7  program alternative is appropriate, the court may place the

 8  offender on probation community supervision for up to 3 years.

 9  As a condition of probation community treatment and

10  supervision, the court may order the offender to:

11         1.  Undergo available community-based outpatient

12  juvenile sexual offender treatment for up to 3 years.  A

13  program or provider may not be used for such treatment unless

14  it has an appropriate program designed for juvenile sexual

15  offender treatment. The department shall not change the

16  treatment provider without first notifying the state

17  attorney's office.

18         2.  Remain within described geographical boundaries and

19  notify the court or the department counselor prior to any

20  change in the offender's address, educational program, or

21  employment.

22         3.  Comply with all requirements of the treatment plan.

23         (e)(f)  The community-based juvenile sexual offender

24  treatment provider shall submit quarterly reports on the

25  offender's respondent's progress in treatment to the court and

26  the parties to the proceedings.  The quarterly juvenile sexual

27  offender reports shall reference the treatment plan and

28  include, at a minimum, the following:

29         1.  Dates of attendance.

30         2.  The juvenile sexual offender's compliance with the

31  requirements of treatment.

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    Florida Senate - 2006                           CS for SB 1454
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 1         3.  A description of the treatment activities.

 2         4.  The sexual offender's relative progress in

 3  treatment.

 4         5.  The offender's family support of the treatment

 5  objectives.

 6         6.  Any other material specified by the court at the

 7  time of the disposition.

 8         (f)(g)  At the disposition hearing, the court may set

 9  case review hearings as the court considers appropriate.

10         (g)(h)  If the juvenile sexual offender violates any

11  condition of the disposition or the court finds that the

12  juvenile sexual offender is failing to make satisfactory

13  progress in treatment, the court may revoke the offender's

14  probation community-based treatment alternative and order

15  commitment to the department pursuant to subsection (1).

16         (h)(i)  If the court determines that the juvenile

17  sexual offender is not amenable to a community-based juvenile

18  sexual offender treatment program, the court shall proceed

19  with a juvenile sexual offender disposition hearing pursuant

20  to subsection (1).

21         Section 5.  Paragraph (e) of subsection (3) and

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

23  Statutes, are amended to read:

24         985.31  Serious or habitual juvenile offender.--

25         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

26  TREATMENT.--

27         (e)  After a child has been adjudicated delinquent

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

29  child meets the criteria for a serious or habitual juvenile

30  offender pursuant to s. 985.03(51) s. 985.03(49). If the court

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1  determines that the child does not meet such criteria, the

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

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

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

 5  department shall implement the comprehensive assessment

 6  instrument for the treatment needs of serious or habitual

 7  juvenile offenders and for the assessment, which assessment

 8  shall include the criteria under s. 985.03(51) s. 985.03(49)

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

10  the child's:

11         1.  Amenability to treatment.

12         2.  Proclivity toward violence.

13         3.  Tendency toward gang involvement.

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

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

16  abuse, or indication of sexual behavior dysfunction.

17         6.  Number and type of previous adjudications, findings

18  of guilt, and convictions.

19         7.  Potential for rehabilitation.

20         Section 6.  Section 985.3141, Florida Statutes, is

21  amended to read:

22         985.3141  Escapes from secure detention or residential

23  commitment facility.--An escape from:

24         (1)  Any secure detention facility maintained for the

25  temporary detention of children, pending adjudication,

26  disposition, or placement;

27         (2)  Any residential commitment facility described in

28  s. 985.03(48) and s. 985.03(46), maintained for the custody,

29  treatment, punishment, or rehabilitation of children found to

30  have committed delinquent acts or violations of law; or

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1         (3)  Lawful transportation to or from any such secure

 2  detention facility or residential commitment facility,

 3  

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

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

 6  s. 775.082, s. 775.083, or s. 775.084.

 7         Section 7.  Task Force on Juvenile Sexual Offenders and

 8  Their Victims.--

 9         (1)  As used in this section, the term:

10         (a)  "Department" means the Department of Juvenile

11  Justice.

12         (b)  "Task force" means the 2006 Task Force on Juvenile

13  Sexual Offenders and Their Victims.

14         (2)  By August 1, 2006, a task force shall be created

15  to continue the evaluation of the state's juvenile sexual

16  offender laws which was conducted by the 2005 Task Force on

17  Juvenile Sexual Offenders and Their Victims, as created in

18  chapter 2005-263, Laws of Florida.

19         (3)  The Secretary of Juvenile Justice shall appoint up

20  to 12 members to the task force, including, but not limited

21  to, a circuit court judge who has at least 1 year of

22  experience in the juvenile division, a state attorney who has

23  at least 1 year of experience in the juvenile division, a

24  public defender who has at least 1 year of experience in the

25  juvenile division, two representatives of the department, one

26  member from the Florida Juvenile Justice Association, two

27  members from providers of juvenile sexual offender services,

28  one member from the Florida Association for the Treatment of

29  Sexual Abusers, and one victim advocate.

30         (4)  The task force shall:

31  

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    Florida Senate - 2006                           CS for SB 1454
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 1         (a)  Review the findings and recommendations contained

 2  in the final report of the 2005 Task Force on Juvenile Sexual

 3  Offenders and Their Victims, including the recommendations

 4  specified in Appendix II of that report, and identify each

 5  recommendation that has not yet been implemented.

 6         (b)  Determine which recommendations reviewed under

 7  paragraph (a) remain appropriate for implementation.

 8         (c)  Make additional recommendations, if warranted, for

 9  the improvement of the state's laws, policies, programs, and

10  funding for juvenile sexual offenders.

11         (d)  Submit a written report to the Governor and the

12  appropriate substantive and fiscal committees of the

13  Legislature by January 1, 2007, which discusses each state law

14  addressing juvenile sexual offenders; specifically identifies

15  statutory criteria that should be satisfied before a juvenile

16  is classified as a sexual offender or placed in

17  sexual-offender programming; and sets forth detailed findings

18  in support of each recommendation under paragraphs (b) and (c)

19  and a comprehensive plan for implementing these

20  recommendations, including proposed amendments to statutes to

21  redefine the term "juvenile sexual offender" and modifications

22  of state agency rules, practices, and procedures.

23         (5)  The department shall provide administrative

24  support for the task force. Members of the task force shall

25  receive no salary from the state beyond the salary already

26  received from their sponsoring agencies, but are entitled to

27  reimbursement by the department for travel and per diem

28  expenses under s. 112.061, Florida Statutes.

29         (6)  The task force shall be dissolved upon submission

30  of its report.

31         Section 8.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1454
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1454

 3                                 

 4  The bill implements selected recommendations made by the Task
    Force on Juvenile Sexual Offenders and their Victims (Task
 5  Force) in its January 2006 final report to the Governor and
    Legislature. Specifically, the bill:
 6  
    -    Requires courts to order and consider the results and
 7       recommendations of psychosexual evaluations of all
         juvenile sexual offenders (current law is discretionary,
 8       subject to appropriation).

 9  -    Specifies more comprehensive requirements for
         psychosexual evaluations than those provided in current
10       law (e.g., the evaluation must address the juvenile's
         substance abuse and mental health history and include an
11       intellectual, personality, trauma, and physiological
         assessment).
12  
    -    Requires that psychosexual evaluations be conducted by
13       statutorily certified juvenile sexual offender therapists
         (current law specifies that such evaluations may be
14       conducted by psychologists, therapists, or
         psychiatrists).
15  
    -    Recreates the Task Force so that it may continue its
16       review of the state's juvenile sexual offender laws and
         submit a second report that discusses each state law
17       addressing juvenile sexual offenders, identifies specific
         statutory criteria that must be met before a juvenile
18       sexual offender can be classified and placed, and
         provides a comprehensive plan for implementation of its
19       recommendations.

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