Senate Bill sb1668
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Florida Senate - 2006 SB 1668
By Senator Dawson
29-1041-06
1 A bill to be entitled
2 An act relating to juvenile delinquents;
3 amending s. 985.21, F.S.; requiring a juvenile
4 probation officer to determine the country of
5 citizenship of each child referred to the
6 Department of Juvenile Justice; requiring the
7 juvenile probation officer to report the
8 information to the department and the United
9 States Immigration and Customs Enforcement
10 Agency; requiring the department to develop a
11 centralized, automated database to collect
12 information on the country of citizenship for
13 children referred to the department; directing
14 the department to make the information
15 available to certain federal, state, and local
16 agencies; requiring the department to adopt
17 rules; amending s. 985.231, F.S.; requiring
18 that a juvenile court under specified
19 circumstances notify the United States
20 Immigration and Customs Enforcement Agency of
21 the adjudication of a child, order that the
22 child be returned to his or her country of
23 origin, and order the department to transfer
24 the physical custody of the child to the United
25 States Immigration and Customs Enforcement
26 Agency for the appropriate processing to remove
27 the child from this country; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (1) of section 985.21, Florida
2 Statutes, is amended to read:
3 985.21 Intake and case management.--
4 (1)(a) During the intake process, the juvenile
5 probation officer shall screen each child or shall cause each
6 child to be screened in order to determine:
7 1. Appropriateness for release, referral to a
8 diversionary program including, but not limited to, a
9 teen-court program, referral for community arbitration, or
10 referral to some other program or agency for the purpose of
11 nonofficial or nonjudicial handling.
12 2. The presence of medical, psychiatric,
13 psychological, substance abuse, educational, or vocational
14 problems, or other conditions that may have caused the child
15 to come to the attention of law enforcement or the Department
16 of Juvenile Justice. The child shall also be screened to
17 determine whether the child poses a danger to himself or
18 herself or others in the community. The results of this
19 screening shall be made available to the court and to court
20 officers. In cases where such conditions are identified, and a
21 nonjudicial handling of the case is chosen, the juvenile
22 probation officer shall attempt to refer the child to a
23 program or agency, together with all available and relevant
24 assessment information concerning the child's precipitating
25 condition.
26 3.a. The country of citizenship of the child.
27 Notwithstanding any other law, the juvenile probation officer
28 shall report to the department and the United States
29 Immigration and Customs Enforcement Agency a juvenile who is
30 the subject of a petition alleging that he or she committed an
31 act that would be a crime if committed by an adult and who has
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1 also been found to be, or is suspected of being, in the United
2 States illegally. The report must include the nature of the
3 offense the child is alleged to have committed.
4 b. The Department of Juvenile Justice shall develop a
5 centralized, automated intake and screening database to
6 collect information concerning the country of citizenship for
7 children referred to the department in order to facilitate the
8 exchange of information pursuant to the intent and purpose of
9 this chapter. The department shall establish methods and
10 parameters by which citizenship information and data are
11 collected from the United States Immigration and Customs
12 Enforcement Agency, the Department of Law Enforcement, law
13 enforcement agencies in this state, and the state court
14 system. Information developed in or through the use of the
15 database shall be made available to federal, state, and local
16 law enforcement agencies and prosecutors and courts in a
17 manner defined by the department and as allowed by state or
18 federal law or rule. The department shall adopt rules to
19 administer the provisions of this sub-subparagraph.
20 (b)3. The Department of Juvenile Justice shall develop
21 an intake and a case management system whereby a child brought
22 into intake is assigned a juvenile probation officer if the
23 child was not released, referred to a diversionary program,
24 referred for community arbitration, or referred to some other
25 program or agency for the purpose of nonofficial or
26 nonjudicial handling, and shall make every reasonable effort
27 to provide case management services for the child; provided,
28 however, that case management for children committed to
29 residential programs may be transferred as provided in s.
30 985.316.
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1 (c)4. In addition to duties specified in other
2 sections and through departmental rules, the assigned juvenile
3 probation officer shall be responsible for the following:
4 1.a. Ensuring that a risk assessment instrument
5 establishing the child's eligibility for detention has been
6 accurately completed and that the appropriate recommendation
7 was made to the court.
8 2.b. Inquiring as to whether the child understands his
9 or her rights to counsel and against self-incrimination.
10 3.c. Performing the preliminary screening and making
11 referrals for comprehensive assessment regarding the child's
12 need for substance abuse treatment services, mental health
13 services, retardation services, literacy services, or other
14 educational or treatment services.
15 4.d. Coordinating the multidisciplinary assessment
16 when required, which includes the classification and placement
17 process that determines the child's priority needs, risk
18 classification, and treatment plan. When sufficient evidence
19 exists to warrant a comprehensive assessment and the child
20 fails to voluntarily participate in the assessment efforts, it
21 is the responsibility of the juvenile probation officer to
22 inform the court of the need for the assessment and the
23 refusal of the child to participate in such assessment. This
24 assessment, classification, and placement process shall
25 develop into the predisposition report.
26 5.e. Making recommendations for services and
27 facilitating the delivery of those services to the child,
28 including any mental health services, educational services,
29 family counseling services, family assistance services, and
30 substance abuse services. The juvenile probation officer shall
31 serve as the primary case manager for the purpose of managing,
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1 coordinating, and monitoring the services provided to the
2 child. Each program administrator within the Department of
3 Children and Family Services shall cooperate with the primary
4 case manager in carrying out the duties and responsibilities
5 described in this section.
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7 The Department of Juvenile Justice shall annually advise the
8 Legislature and the Executive Office of the Governor of the
9 resources needed in order for the intake and case management
10 system to maintain a staff-to-client ratio that is consistent
11 with accepted standards and allows the necessary supervision
12 and services for each child. The intake process and case
13 management system shall provide a comprehensive approach to
14 assessing the child's needs, relative risks, and most
15 appropriate handling, and shall be based on an individualized
16 treatment plan.
17 (d)(b) The intake and case management system shall
18 facilitate consistency in the recommended placement of each
19 child, and in the assessment, classification, and placement
20 process, with the following purposes:
21 1. An individualized, multidisciplinary assessment
22 process that identifies the priority needs of each individual
23 child for rehabilitation and treatment and identifies any
24 needs of the child's parents or guardians for services that
25 would enhance their ability to provide adequate support,
26 guidance, and supervision for the child. This process shall
27 begin with the detention risk assessment instrument and
28 decision, shall include the intake preliminary screening and
29 comprehensive assessment for substance abuse treatment
30 services, mental health services, retardation services,
31 literacy services, and other educational and treatment
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1 services as components, additional assessment of the child's
2 treatment needs, and classification regarding the child's
3 risks to the community and, for a serious or habitual
4 delinquent child, shall include the assessment for placement
5 in a serious or habitual delinquent children program pursuant
6 to s. 985.31. The completed multidisciplinary assessment
7 process shall result in the predisposition report.
8 2. A classification system that assigns a relative
9 risk to the child and the community based upon assessments
10 including the detention risk assessment results when available
11 to classify the child's risk as it relates to placement and
12 supervision alternatives.
13 3. An admissions process that facilitates for each
14 child the utilization of the treatment plan and setting most
15 appropriate to meet the child's programmatic needs and provide
16 the minimum program security needed to ensure public safety.
17 Section 2. Paragraph (a) of subsection (1) of section
18 985.231, Florida Statutes, is amended to read:
19 985.231 Powers of disposition in delinquency cases.--
20 (1)(a) The court that has jurisdiction of an
21 adjudicated delinquent child may, by an order stating the
22 facts upon which a determination of a sanction and
23 rehabilitative program was made at the disposition hearing:
24 1. Place the child in a probation program or a
25 postcommitment probation program under the supervision of an
26 authorized agent of the department or of any other person or
27 agency specifically authorized and appointed by the court,
28 whether in the child's own home, in the home of a relative of
29 the child, or in some other suitable place under such
30 reasonable conditions as the court may direct. A probation
31 program for an adjudicated delinquent child must include a
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1 penalty component such as restitution in money or in kind,
2 community service, a curfew, revocation or suspension of the
3 driver's license of the child, or other nonresidential
4 punishment appropriate to the offense and must also include a
5 rehabilitative program component such as a requirement of
6 participation in substance abuse treatment or in school or
7 other educational program. If the child is attending or is
8 eligible to attend public school and the court finds that the
9 victim or a sibling of the victim in the case is attending or
10 may attend the same school as the child, the court placement
11 order shall include a finding pursuant to the proceedings
12 described in s. 985.23(1)(d). Upon the recommendation of the
13 department at the time of disposition, or subsequent to
14 disposition pursuant to the filing of a petition alleging a
15 violation of the child's conditions of postcommitment
16 probation, the court may order the child to submit to random
17 testing for the purpose of detecting and monitoring the use of
18 alcohol or controlled substances.
19 a. A classification scale for levels of supervision
20 shall be provided by the department, taking into account the
21 child's needs and risks relative to probation supervision
22 requirements to reasonably ensure the public safety. Probation
23 programs for children shall be supervised by the department or
24 by any other person or agency specifically authorized by the
25 court. These programs must include, but are not limited to,
26 structured or restricted activities as described in this
27 subparagraph, and shall be designed to encourage the child
28 toward acceptable and functional social behavior. If
29 supervision or a program of community service is ordered by
30 the court, the duration of such supervision or program must be
31 consistent with any treatment and rehabilitation needs
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1 identified for the child and may not exceed the term for which
2 sentence could be imposed if the child were committed for the
3 offense, except that the duration of such supervision or
4 program for an offense that is a misdemeanor of the second
5 degree, or is equivalent to a misdemeanor of the second
6 degree, may be for a period not to exceed 6 months. When
7 restitution is ordered by the court, the amount of restitution
8 may not exceed an amount the child and the parent or guardian
9 could reasonably be expected to pay or make. A child who
10 participates in any work program under this part is considered
11 an employee of the state for purposes of liability, unless
12 otherwise provided by law.
13 b. The court may conduct judicial review hearings for
14 a child placed on probation for the purpose of fostering
15 accountability to the judge and compliance with other
16 requirements, such as restitution and community service. The
17 court may allow early termination of probation for a child who
18 has substantially complied with the terms and conditions of
19 probation.
20 c. If the conditions of the probation program or the
21 postcommitment probation program are violated, the department
22 or the state attorney may bring the child before the court on
23 a petition alleging a violation of the program. Any child who
24 violates the conditions of probation or postcommitment
25 probation must be brought before the court if sanctions are
26 sought. A child taken into custody under s. 985.207 for
27 violating the conditions of probation or postcommitment
28 probation shall be held in a consequence unit if such a unit
29 is available. The child shall be afforded a hearing within 24
30 hours after being taken into custody to determine the
31 existence of probable cause that the child violated the
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1 conditions of probation or postcommitment probation. A
2 consequence unit is a secure facility specifically designated
3 by the department for children who are taken into custody
4 under s. 985.207 for violating probation or postcommitment
5 probation, or who have been found by the court to have
6 violated the conditions of probation or postcommitment
7 probation. If the violation involves a new charge of
8 delinquency, the child may be detained under s. 985.215 in a
9 facility other than a consequence unit. If the child is not
10 eligible for detention for the new charge of delinquency, the
11 child may be held in the consequence unit pending a hearing
12 and is subject to the time limitations specified in s.
13 985.215. If the child denies violating the conditions of
14 probation or postcommitment probation, the court shall appoint
15 counsel to represent the child at the child's request. Upon
16 the child's admission, or if the court finds after a hearing
17 that the child has violated the conditions of probation or
18 postcommitment probation, the court shall enter an order
19 revoking, modifying, or continuing probation or postcommitment
20 probation. In each such case, the court shall enter a new
21 disposition order and, in addition to the sanctions set forth
22 in this paragraph, may impose any sanction the court could
23 have imposed at the original disposition hearing. If the child
24 is found to have violated the conditions of probation or
25 postcommitment probation, the court may:
26 (I) Place the child in a consequence unit in that
27 judicial circuit, if available, for up to 5 days for a first
28 violation, and up to 15 days for a second or subsequent
29 violation.
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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 at a
18 restrictiveness level defined in s. 985.03. Such commitment
19 must be for the purpose of exercising active control over the
20 child, including, but not limited to, custody, care, training,
21 urine monitoring, and treatment of the child and release of
22 the child from residential commitment into the community in a
23 postcommitment nonresidential conditional release program. If
24 the child is eligible to attend public school following
25 commitment and the court finds that the victim or a sibling of
26 the victim in the case is or may be attending the same school
27 as the child, the commitment order shall include a finding
28 pursuant to the proceedings described in s. 985.23(1)(d). If
29 the child is not successful in the conditional release
30 program, the department may use the transfer procedure under
31 s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and
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1 except as provided in s. 985.31, the term of the commitment
2 must be until the child is discharged by the department or
3 until he or she reaches the age of 21.
4 4. Revoke or suspend the driver's license of the
5 child.
6 5. Require the child and, if the court finds it
7 appropriate, the child's parent or guardian together with the
8 child, to render community service in a public service
9 program.
10 6. As part of the probation program to be implemented
11 by the department, or, in the case of a committed child, as
12 part of the community-based sanctions ordered by the court at
13 the disposition hearing or before the child's release from
14 commitment, order the child to make restitution in money,
15 through a promissory note cosigned by the child's parent or
16 guardian, or in kind for any damage or loss caused by the
17 child's offense in a reasonable amount or manner to be
18 determined by the court. The clerk of the circuit court shall
19 be the receiving and dispensing agent. In such case, the court
20 shall order the child or the child's parent or guardian to pay
21 to the office of the clerk of the circuit court an amount not
22 to exceed the actual cost incurred by the clerk as a result of
23 receiving and dispensing restitution payments. The clerk shall
24 notify the court if restitution is not made, and the court
25 shall take any further action that is necessary against the
26 child or the child's parent or guardian. A finding by the
27 court, after a hearing, that the parent or guardian has made
28 diligent and good faith efforts to prevent the child from
29 engaging in delinquent acts absolves the parent or guardian of
30 liability for restitution under this subparagraph.
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1 7. Order the child and, if the court finds it
2 appropriate, the child's parent or guardian together with the
3 child, to participate in a community work project, either as
4 an alternative to monetary restitution or as part of the
5 rehabilitative or probation program.
6 8. Commit the child to the department for placement in
7 a program or facility for serious or habitual juvenile
8 offenders in accordance with s. 985.31. Any commitment of a
9 child to a program or facility for serious or habitual
10 juvenile offenders must be for an indeterminate period of
11 time, but the time may not exceed the maximum term of
12 imprisonment that an adult may serve for the same offense. The
13 court may retain jurisdiction over such child until the child
14 reaches the age of 21, specifically for the purpose of the
15 child completing the program.
16 9. In addition to the sanctions imposed on the child,
17 order the parent or guardian of the child to perform community
18 service if the court finds that the parent or guardian did not
19 make a diligent and good faith effort to prevent the child
20 from engaging in delinquent acts. The court may also order the
21 parent or guardian to make restitution in money or in kind for
22 any damage or loss caused by the child's offense. The court
23 shall determine a reasonable amount or manner of restitution,
24 and payment shall be made to the clerk of the circuit court as
25 provided in subparagraph 6.
26 10. Subject to specific appropriation, commit the
27 juvenile sexual offender to the department for placement in a
28 program or facility for juvenile sexual offenders in
29 accordance with s. 985.308. Any commitment of a juvenile
30 sexual offender to a program or facility for juvenile sexual
31 offenders must be for an indeterminate period of time, but the
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1 time may not exceed the maximum term of imprisonment that an
2 adult may serve for the same offense. The court may retain
3 jurisdiction over a juvenile sexual offender until the
4 juvenile sexual offender reaches the age of 21, specifically
5 for the purpose of completing the program.
6 11. If the residence of a child adjudicated delinquent
7 is in a foreign country or if the child adjudicated delinquent
8 is a citizen of a foreign country and is not in this country
9 in a legal status, notify the United States Immigration and
10 Customs Enforcement Agency of the adjudication of the child,
11 order that the child be returned to his or her country of
12 origin, and order the department to transfer the physical
13 custody of the child to the United States Immigration and
14 Customs Enforcement Agency for the appropriate processing to
15 remove the child from this country.
16 Section 3. This act shall take effect July 1, 2006.
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19 SENATE SUMMARY
20 Requires a juvenile probation officer to determine the
country of citizenship of each child referred to the
21 Department of Juvenile Justice. Requires the juvenile
probation officer to report the information to the
22 department and the United States Immigration and Customs
Enforcement Agency. Requires the department to develop a
23 centralized, automated intake and screening database to
collect information on the country of citizenship for
24 youth referred to the department. Directs the department
to make the information developed in the database
25 available to certain agencies. Requires a juvenile court
under specified circumstances to notify the United States
26 Immigration and Customs Enforcement Agency of the
adjudication of the child, to order that the child be
27 returned to his or her country of origin, and to order
the department to transfer the physical custody of the
28 child to the United States Immigration and Customs
Enforcement Agency for the appropriate processing to
29 remove the child from this country.
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