HB 27

1
A bill to be entitled
2An act relating to juvenile delinquents; amending s.
3985.21, F.S.; requiring a juvenile probation officer to
4determine the country of citizenship of each child
5referred to the Department of Juvenile Justice; requiring
6the juvenile probation officer to report the information
7to the department and the United States Bureau of Customs
8and Border Protection; requiring the department to develop
9a centralized, automated database to collect information
10on the country of citizenship for children referred to the
11department; directing the department to make the
12information available to certain federal, state, and local
13agencies; requiring the department to adopt rules;
14amending s. 985.231, F.S.; requiring that a juvenile court
15under specified circumstances notify the United States
16Bureau of Customs and Border Protection of the
17adjudication of a child, order that the child be returned
18to his or her country of origin, and order the department
19to transfer the physical custody of the child to the
20United States Bureau of Customs and Border Protection for
21the appropriate processing to remove the child from this
22country; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (1) of section 985.21, Florida
27Statutes, is amended to read:
28     985.21  Intake and case management.--
29     (1)(a)  During the intake process, the juvenile probation
30officer shall screen each child or shall cause each child to be
31screened in order to determine:
32     1.  Appropriateness for release, referral to a diversionary
33program including, but not limited to, a teen-court program,
34referral for community arbitration, or referral to some other
35program or agency for the purpose of nonofficial or nonjudicial
36handling.
37     2.  The presence of medical, psychiatric, psychological,
38substance abuse, educational, or vocational problems, or other
39conditions that may have caused the child to come to the
40attention of law enforcement or the department of Juvenile
41Justice. The child shall also be screened to determine whether
42the child poses a danger to himself or herself or others in the
43community. The results of this screening shall be made available
44to the court and to court officers. In cases where such
45conditions are identified, and a nonjudicial handling of the
46case is chosen, the juvenile probation officer shall attempt to
47refer the child to a program or agency, together with all
48available and relevant assessment information concerning the
49child's precipitating condition.
50     3.a.  Whether the child is, or is suspected of being, in
51the United States illegally. If the child is found to be, or is
52suspected of being, in the United States illegally,
53notwithstanding any other law, the juvenile probation officer
54shall report to the department and the United States Bureau of
55Customs and Border Protection that the child is a juvenile who
56is the subject of a petition alleging that he or she committed
57an act that would be a crime if committed by an adult. The
58report must include the nature of the offense the child is
59alleged to have committed.
60     b.  The department shall develop a centralized, automated
61intake and screening database to collect information concerning
62the country of citizenship for children referred to the
63department in order to facilitate the exchange of information
64pursuant to the intent and purpose of this chapter. The
65department shall establish methods and parameters by which
66citizenship information and data are collected from the United
67States Bureau of Customs and Border Protection, the Department
68of Law Enforcement, law enforcement agencies in this state, and
69the state court system. Information developed in or through the
70use of the database shall be made available to federal, state,
71and local law enforcement agencies and prosecutors and courts in
72a manner defined by the department and as allowed by state or
73federal law or rule. The department shall adopt rules to
74administer the provisions of this sub-subparagraph.
75     (b)3.  The department of Juvenile Justice shall develop an
76intake and a case management system whereby a child brought into
77intake is assigned a juvenile probation officer if the child was
78not released, referred to a diversionary program, referred for
79community arbitration, or referred to some other program or
80agency for the purpose of nonofficial or nonjudicial handling,
81and shall make every reasonable effort to provide case
82management services for the child; provided, however, that case
83management for children committed to residential programs may be
84transferred as provided in s. 985.316.
85     (c)4.  In addition to duties specified in other sections
86and through departmental rules, the assigned juvenile probation
87officer shall be responsible for the following:
88     1.a.  Ensuring that a risk assessment instrument
89establishing the child's eligibility for detention has been
90accurately completed and that the appropriate recommendation was
91made to the court.
92     2.b.  Inquiring as to whether the child understands his or
93her rights to counsel and against self-incrimination.
94     3.c.  Performing the preliminary screening and making
95referrals for comprehensive assessment regarding the child's
96need for substance abuse treatment services, mental health
97services, retardation services, literacy services, or other
98educational or treatment services.
99     4.d.  Coordinating the multidisciplinary assessment when
100required, which includes the classification and placement
101process that determines the child's priority needs, risk
102classification, and treatment plan. When sufficient evidence
103exists to warrant a comprehensive assessment and the child fails
104to voluntarily participate in the assessment efforts, it is the
105responsibility of the juvenile probation officer to inform the
106court of the need for the assessment and the refusal of the
107child to participate in such assessment. This assessment,
108classification, and placement process shall develop into the
109predisposition report.
110     5.e.  Making recommendations for services and facilitating
111the delivery of those services to the child, including any
112mental health services, educational services, family counseling
113services, family assistance services, and substance abuse
114services. The juvenile probation officer shall serve as the
115primary case manager for the purpose of managing, coordinating,
116and monitoring the services provided to the child. Each program
117administrator within the Department of Children and Family
118Services shall cooperate with the primary case manager in
119carrying out the duties and responsibilities described in this
120section.
121
122The department of Juvenile Justice shall annually advise the
123Legislature and the Executive Office of the Governor of the
124resources needed in order for the intake and case management
125system to maintain a staff-to-client ratio that is consistent
126with accepted standards and allows the necessary supervision and
127services for each child. The intake process and case management
128system shall provide a comprehensive approach to assessing the
129child's needs, relative risks, and most appropriate handling,
130and shall be based on an individualized treatment plan.
131     (d)(b)  The intake and case management system shall
132facilitate consistency in the recommended placement of each
133child, and in the assessment, classification, and placement
134process, with the following purposes:
135     1.  An individualized, multidisciplinary assessment process
136that identifies the priority needs of each individual child for
137rehabilitation and treatment and identifies any needs of the
138child's parents or guardians for services that would enhance
139their ability to provide adequate support, guidance, and
140supervision for the child. This process shall begin with the
141detention risk assessment instrument and decision, shall include
142the intake preliminary screening and comprehensive assessment
143for substance abuse treatment services, mental health services,
144retardation services, literacy services, and other educational
145and treatment services as components, additional assessment of
146the child's treatment needs, and classification regarding the
147child's risks to the community and, for a serious or habitual
148delinquent child, shall include the assessment for placement in
149a serious or habitual delinquent children program pursuant to s.
150985.31. The completed multidisciplinary assessment process shall
151result in the predisposition report.
152     2.  A classification system that assigns a relative risk to
153the child and the community based upon assessments including the
154detention risk assessment results when available to classify the
155child's risk as it relates to placement and supervision
156alternatives.
157     3.  An admissions process that facilitates for each child
158the utilization of the treatment plan and setting most
159appropriate to meet the child's programmatic needs and provide
160the minimum program security needed to ensure public safety.
161     Section 2.  Paragraph (a) of subsection (1) of section
162985.231, Florida Statutes, is amended to read:
163     985.231  Powers of disposition in delinquency cases.--
164     (1)(a)  The court that has jurisdiction of an adjudicated
165delinquent child may, by an order stating the facts upon which a
166determination of a sanction and rehabilitative program was made
167at the disposition hearing:
168     1.  Place the child in a probation program or a
169postcommitment probation program under the supervision of an
170authorized agent of the department or of any other person or
171agency specifically authorized and appointed by the court,
172whether in the child's own home, in the home of a relative of
173the child, or in some other suitable place under such reasonable
174conditions as the court may direct. A probation program for an
175adjudicated delinquent child must include a penalty component
176such as restitution in money or in kind, community service, a
177curfew, revocation or suspension of the driver's license of the
178child, or other nonresidential punishment appropriate to the
179offense and must also include a rehabilitative program component
180such as a requirement of participation in substance abuse
181treatment or in school or other educational program. If the
182child is attending or is eligible to attend public school and
183the court finds that the victim or a sibling of the victim in
184the case is attending or may attend the same school as the
185child, the court placement order shall include a finding
186pursuant to the proceedings described in s. 985.23(1)(d). Upon
187the recommendation of the department at the time of disposition,
188or subsequent to disposition pursuant to the filing of a
189petition alleging a violation of the child's conditions of
190postcommitment probation, the court may order the child to
191submit to random testing for the purpose of detecting and
192monitoring the use of alcohol or controlled substances.
193     a.  A classification scale for levels of supervision shall
194be provided by the department, taking into account the child's
195needs and risks relative to probation supervision requirements
196to reasonably ensure the public safety. Probation programs for
197children shall be supervised by the department or by any other
198person or agency specifically authorized by the court. These
199programs must include, but are not limited to, structured or
200restricted activities as described in this subparagraph, and
201shall be designed to encourage the child toward acceptable and
202functional social behavior. If supervision or a program of
203community service is ordered by the court, the duration of such
204supervision or program must be consistent with any treatment and
205rehabilitation needs identified for the child and may not exceed
206the term for which sentence could be imposed if the child were
207committed for the offense, except that the duration of such
208supervision or program for an offense that is a misdemeanor of
209the second degree, or is equivalent to a misdemeanor of the
210second degree, may be for a period not to exceed 6 months. When
211restitution is ordered by the court, the amount of restitution
212may not exceed an amount the child and the parent or guardian
213could reasonably be expected to pay or make. A child who
214participates in any work program under this part is considered
215an employee of the state for purposes of liability, unless
216otherwise provided by law.
217     b.  The court may conduct judicial review hearings for a
218child placed on probation for the purpose of fostering
219accountability to the judge and compliance with other
220requirements, such as restitution and community service. The
221court may allow early termination of probation for a child who
222has substantially complied with the terms and conditions of
223probation.
224     c.  If the conditions of the probation program or the
225postcommitment probation program are violated, the department or
226the state attorney may bring the child before the court on a
227petition alleging a violation of the program. Any child who
228violates the conditions of probation or postcommitment probation
229must be brought before the court if sanctions are sought. A
230child taken into custody under s. 985.207 for violating the
231conditions of probation or postcommitment probation shall be
232held in a consequence unit if such a unit is available. The
233child shall be afforded a hearing within 24 hours after being
234taken into custody to determine the existence of probable cause
235that the child violated the conditions of probation or
236postcommitment probation. A consequence unit is a secure
237facility specifically designated by the department for children
238who are taken into custody under s. 985.207 for violating
239probation or postcommitment probation, or who have been found by
240the court to have violated the conditions of probation or
241postcommitment probation. If the violation involves a new charge
242of delinquency, the child may be detained under s. 985.215 in a
243facility other than a consequence unit. If the child is not
244eligible for detention for the new charge of delinquency, the
245child may be held in the consequence unit pending a hearing and
246is subject to the time limitations specified in s. 985.215. If
247the child denies violating the conditions of probation or
248postcommitment probation, the court shall appoint counsel to
249represent the child at the child's request. Upon the child's
250admission, or if the court finds after a hearing that the child
251has violated the conditions of probation or postcommitment
252probation, the court shall enter an order revoking, modifying,
253or continuing probation or postcommitment probation. In each
254such case, the court shall enter a new disposition order and, in
255addition to the sanctions set forth in this paragraph, may
256impose any sanction the court could have imposed at the original
257disposition hearing. If the child is found to have violated the
258conditions of probation or postcommitment probation, the court
259may:
260     (I)  Place the child in a consequence unit in that judicial
261circuit, if available, for up to 5 days for a first violation,
262and up to 15 days for a second or subsequent violation.
263     (II)  Place the child on home detention with electronic
264monitoring. However, this sanction may be used only if a
265residential consequence unit is not available.
266     (III)  Modify or continue the child's probation program or
267postcommitment probation program.
268     (IV)  Revoke probation or postcommitment probation and
269commit the child to the department.
270     d.  Notwithstanding s. 743.07 and paragraph (d), and except
271as provided in s. 985.31, the term of any order placing a child
272in a probation program must be until the child's 19th birthday
273unless he or she is released by the court, on the motion of an
274interested party or on its own motion.
275     2.  Commit the child to a licensed child-caring agency
276willing to receive the child, but the court may not commit the
277child to a jail or to a facility used primarily as a detention
278center or facility or shelter.
279     3.  Commit the child to the department at a restrictiveness
280level defined in s. 985.03. Such commitment must be for the
281purpose of exercising active control over the child, including,
282but not limited to, custody, care, training, urine monitoring,
283and treatment of the child and release of the child from
284residential commitment into the community in a postcommitment
285nonresidential conditional release program. If the child is
286eligible to attend public school following commitment and the
287court finds that the victim or a sibling of the victim in the
288case is or may be attending the same school as the child, the
289commitment order shall include a finding pursuant to the
290proceedings described in s. 985.23(1)(d). If the child is not
291successful in the conditional release program, the department
292may use the transfer procedure under s. 985.404. Notwithstanding
293s. 743.07 and paragraph (d), and except as provided in s.
294985.31, the term of the commitment must be until the child is
295discharged by the department or until he or she reaches the age
296of 21.
297     4.  Revoke or suspend the driver's license of the child.
298     5.  Require the child and, if the court finds it
299appropriate, the child's parent or guardian together with the
300child, to render community service in a public service program.
301     6.  As part of the probation program to be implemented by
302the department, or, in the case of a committed child, as part of
303the community-based sanctions ordered by the court at the
304disposition hearing or before the child's release from
305commitment, order the child to make restitution in money,
306through a promissory note cosigned by the child's parent or
307guardian, or in kind for any damage or loss caused by the
308child's offense in a reasonable amount or manner to be
309determined by the court. The clerk of the circuit court shall be
310the receiving and dispensing agent. In such case, the court
311shall order the child or the child's parent or guardian to pay
312to the office of the clerk of the circuit court an amount not to
313exceed the actual cost incurred by the clerk as a result of
314receiving and dispensing restitution payments. The clerk shall
315notify the court if restitution is not made, and the court shall
316take any further action that is necessary against the child or
317the child's parent or guardian. A finding by the court, after a
318hearing, that the parent or guardian has made diligent and good
319faith efforts to prevent the child from engaging in delinquent
320acts absolves the parent or guardian of liability for
321restitution under this subparagraph.
322     7.  Order the child and, if the court finds it appropriate,
323the child's parent or guardian together with the child, to
324participate in a community work project, either as an
325alternative to monetary restitution or as part of the
326rehabilitative or probation program.
327     8.  Commit the child to the department for placement in a
328program or facility for serious or habitual juvenile offenders
329in accordance with s. 985.31. Any commitment of a child to a
330program or facility for serious or habitual juvenile offenders
331must be for an indeterminate period of time, but the time may
332not exceed the maximum term of imprisonment that an adult may
333serve for the same offense. The court may retain jurisdiction
334over such child until the child reaches the age of 21,
335specifically for the purpose of the child completing the
336program.
337     9.  In addition to the sanctions imposed on the child,
338order the parent or guardian of the child to perform community
339service if the court finds that the parent or guardian did not
340make a diligent and good faith effort to prevent the child from
341engaging in delinquent acts. The court may also order the parent
342or guardian to make restitution in money or in kind for any
343damage or loss caused by the child's offense. The court shall
344determine a reasonable amount or manner of restitution, and
345payment shall be made to the clerk of the circuit court as
346provided in subparagraph 6.
347     10.  Subject to specific appropriation, commit the juvenile
348sexual offender to the department for placement in a program or
349facility for juvenile sexual offenders in accordance with s.
350985.308. Any commitment of a juvenile sexual offender to a
351program or facility for juvenile sexual offenders must be for an
352indeterminate period of time, but the time may not exceed the
353maximum term of imprisonment that an adult may serve for the
354same offense. The court may retain jurisdiction over a juvenile
355sexual offender until the juvenile sexual offender reaches the
356age of 21, specifically for the purpose of completing the
357program.
358     11.  If the residence of a child adjudicated delinquent is
359in a foreign country or if the child adjudicated delinquent is a
360citizen of a foreign country and is not in this country in a
361legal status, notify the United States Bureau of Customs and
362Border Protection of the adjudication of the child, order that
363the child be returned to his or her country of origin, and order
364the department to transfer the physical custody of the child to
365the United States Bureau of Customs and Border Protection for
366the appropriate processing to remove the child from this
367country.
368     Section 3.  This act shall take effect July 1, 2006.


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