Amendment
Bill No. 0335

Amendment No. 855553

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Culp offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (e) is added to subsection (1) of
6	section 985.207, Florida Statutes, to read:
7	985.207  Taking a child into custody.--
8	(1)  A child may be taken into custody under the following
9	circumstances:
10	(e)  When a law enforcement officer has probable cause to
11	believe that a child who is awaiting disposition has violated
12	conditions imposed by the court under s. 985.228(5) in his or
13	her order of adjudication of delinquency.
14
15	Nothing in this subsection shall be construed to allow the
16	detention of a child who does not meet the detention criteria in
17	s. 985.215.
18	Section 2.  Subsection (2) and paragraphs (d) and (g) of
19	subsection (5) of section 985.215, Florida Statutes, are amended
20	to read:
21	985.215  Detention.--
22	(2)  Subject to the provisions of subsection (1), a child
23	taken into custody and placed into nonsecure or home detention
24	care or detained in secure detention care prior to a detention
25	hearing may continue to be detained by the court if:
26	(a)  The child is alleged to be an escapee from a
27	residential commitment program, or an absconder from a
28	nonresidential commitment program, a probation program, or
29	conditional release supervision, or is alleged to have escaped
30	while being lawfully transported to or from a residential
31	commitment program.
32	(b)  The child is wanted in another jurisdiction for an
33	offense which, if committed by an adult, would be a felony.
34	(c)  The child is charged with a delinquent act or
35	violation of law and requests in writing through legal counsel
36	to be detained for protection from an imminent physical threat
37	to his or her personal safety.
38	(d)  The child is charged with committing an offense of
39	domestic violence as defined in s. 741.28 and is detained as
40	provided in s. 985.213(2)(b)3.
41	(e)  The child is charged with possession or discharging a
42	firearm on school property in violation of s. 790.115.
43	(f)  The child is charged with a capital felony, a life
44	felony, a felony of the first degree, a felony of the second
45	degree that does not involve a violation of chapter 893, or a
46	felony of the third degree that is also a crime of violence,
47	including any such offense involving the use or possession of a
48	firearm.
49	(g)  The child is charged with any second degree or third
50	degree felony involving a violation of chapter 893 or any third
51	degree felony that is not also a crime of violence, and the
52	child:
53	1.  Has a record of failure to appear at court hearings
54	after being properly notified in accordance with the Rules of
55	Juvenile Procedure;
56	2.  Has a record of law violations prior to court hearings;
57	3.  Has already been detained or has been released and is
58	awaiting final disposition of the case;
59	4.  Has a record of violent conduct resulting in physical
60	injury to others; or
61	5.  Is found to have been in possession of a firearm.
62	(h)  The child is alleged to have violated the conditions
63	of the child's probation or conditional release supervision.
64	However, a child detained under this paragraph may be held only
65	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
66	consequence unit is not available, the child shall be placed on
67	home detention with electronic monitoring.
68	(i)  The child is detained on a judicial order for failure
69	to appear and has previously willfully failed to appear, after
70	proper notice, for an adjudicatory hearing on the same case
71	regardless of the results of the risk assessment instrument. A
72	child may be held in secure detention for up to 72 hours in
73	advance of the next scheduled court hearing pursuant to this
74	paragraph. The child's failure to keep the clerk of court and
75	defense counsel informed of a current and valid mailing address
76	where the child will receive notice to appear at court
77	proceedings does not provide an adequate ground for excusal of
78	the child's nonappearance at the hearings.
79	(j)  The child is detained on a judicial order for failure
80	to appear and has previously willfully failed to appear, after
81	proper notice, at two or more court hearings of any nature on
82	the same case regardless of the results of the risk assessment
83	instrument. A child may be held in secure detention for up to 72
84	hours in advance of the next scheduled court hearing pursuant to
85	this paragraph. The child's failure to keep the clerk of court
86	and defense counsel informed of a current and valid mailing
87	address where the child will receive notice to appear at court
88	proceedings does not provide an adequate ground for excusal of
89	the child's nonappearance at the hearings.
90	(k)  At his or her adjudicatory hearing, the child has been
91	found to have committed a delinquent act or violation of law and
92	has previously willfully failed to appear, after proper notice,
93	for other delinquency court proceedings of any nature regardless
94	of the results of the risk assessment instrument. A child may be
95	held in secure detention or, at the discretion of the court and
96	if available, placed on home detention with electronic
97	monitoring until the child's disposition order is entered in his
98	or her case. The child's failure to keep the clerk of court and
99	defense counsel informed of a current and valid mailing address
100	where the child will receive notice to appear at court
101	proceedings does not provide an adequate ground for excusal of
102	the child's nonappearance at the hearings.
103
104	A child who meets any of these criteria and who is ordered to be
105	detained pursuant to this subsection shall be given a hearing
106	within 24 hours after being taken into custody. The purpose of
107	the detention hearing is to determine the existence of probable
108	cause that the child has committed the delinquent act or
109	violation of law with which he or she is charged and the need
110	for continued detention, except where the child is alleged to
111	have absconded from a nonresidential commitment program in which
112	case the court, at the detention hearing, shall order that the
113	child be released from detention and returned to his or her
114	nonresidential commitment program. Unless a child is detained
115	under paragraph (d), or paragraph (e), or paragraph (k), the
116	court shall use the results of the risk assessment performed by
117	the juvenile probation officer and, based on the criteria in
118	this subsection, shall determine the need for continued
119	detention. A child placed into secure, nonsecure, or home
120	detention care may continue to be so detained by the court
121	pursuant to this subsection. If the court orders a placement
122	more restrictive than indicated by the results of the risk
123	assessment instrument, the court shall state, in writing, clear
124	and convincing reasons for such placement. Except as provided in
125	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
126	paragraph (10)(c), or paragraph (10)(d), when a child is placed
127	into secure or nonsecure detention care, or into a respite home
128	or other placement pursuant to a court order following a
129	hearing, the court order must include specific instructions that
130	direct the release of the child from such placement no later
131	than 5 p.m. on the last day of the detention period specified in
132	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
133	whichever is applicable, unless the requirements of such
134	applicable provision have been met or an order of continuance
135	has been granted pursuant to paragraph (5)(f).
136	(5)
137	(d)  Except as provided in paragraph (2)(k), paragraph (g),
138	or s. 985.228(5), a child may not be held in secure, nonsecure,
139	or home detention care for more than 15 days following the entry
140	of an order of adjudication.
141	(g)  Upon good cause being shown that the nature of the
142	charge requires additional time for the prosecution or defense
143	of the case, the court may extend the time limits for detention
144	specified in paragraph (c) or paragraph (d) an additional 9 days
145	if the child is charged with an offense that would be, if
146	committed by an adult, a capital felony, a life felony, a felony
147	of the first degree, or a felony of the second degree involving
148	violence against any individual.
149	Section 3.  Subsection (5) of section 985.228, Florida
150	Statutes, is amended to read:
151	985.228  Adjudicatory hearings; withheld adjudications;
152	orders of adjudication.--
153	(5)(a)  If the court finds that the child named in a
154	petition has committed a delinquent act or violation of law, but
155	elects not to proceed under subsection (4), it shall incorporate
156	that finding in an order of adjudication of delinquency entered
157	in the case, briefly stating the facts upon which the finding is
158	made, and the court shall thereafter have full authority under
159	this chapter to deal with the child as adjudicated.
160	(b)  The order of adjudication of delinquency under
161	paragraph (a) shall also include conditions that must be
162	followed by the child until a disposition order is entered in
163	his or her case. These conditions must include, but are not
164	limited to, specifying that the child, during any period of time
165	that he or she:
166	1.  Is not in secure detention, must comply with a curfew;
167	must attend school or another educational program, if eligible;
168	and is prohibited from engaging in ungovernable behavior.
169	2.  Is in secure detention, is prohibited from engaging in
170	ungovernable behavior.
171	(c)  For purposes of this subsection, the term
172	"ungovernable behavior" means:
173	1.  The child's failing to obey the reasonable and lawful
174	demands of the child's parent or legal guardian and, where
175	applicable, the reasonable and lawful demands of a person
176	responsible for supervising the child while he or she is in
177	school, another educational program, or secure detention.
178	2.  The child engaging in behavior that evidences a risk
179	that the child may fail to appear for future court proceedings
180	or may inflict harm upon others or the property of others.
181	3.  Other behavior of the child as specified in writing by
182	the court in the order of adjudication of delinquency.
183	(d)  If a child willfully violates a condition contained in
184	his or her order of adjudication of delinquency, the court may
185	find the child in direct or indirect contempt of court under s.
186	985.216; however, notwithstanding s. 985.216 and the results of
187	the risk assessment instrument, the child's sanctions for such
188	contempt of court shall be placement in secure detention or, at
189	the discretion of the court and if available, on home detention
190	with electronic monitoring until the child's disposition order
191	is entered in his or her case.
192	Section 4.  Paragraph (a) of subsection (1) of section
193	985.31, Florida Statutes, is amended to read:
194	985.31  Serious or habitual juvenile offender.--
195	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
196	provisions of this chapter and the establishment of appropriate
197	program guidelines and standards, contractual instruments, which
198	shall include safeguards of all constitutional rights, shall be
199	developed as follows:
200	(a)  The department shall provide for:
201	1.  The oversight of implementation of assessment and
202	treatment approaches.
203	2.  The identification and prequalification of appropriate
204	individuals or not-for-profit organizations, including minority
205	individuals or organizations when possible, to provide
206	assessment and treatment services to serious or habitual
207	delinquent children.
208	3.  The monitoring and evaluation of assessment and
209	treatment services for compliance with the provisions of this
210	chapter and all applicable rules and guidelines pursuant
211	thereto.
212	4.  The development of an annual report on the performance
213	of assessment and treatment to be presented to the Governor, the
214	Attorney General, the President of the Senate, the Speaker of
215	the House of Representatives, and the Auditor General no later
216	than January 1 of each year.
217	Section 5.  Paragraph (a) of subsection (1) of section
218	985.311, Florida Statutes, is amended to read:
219	985.311  Intensive residential treatment program for
220	offenders less than 13 years of age.--
221	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
222	provisions of this chapter and the establishment of appropriate
223	program guidelines and standards, contractual instruments, which
224	shall include safeguards of all constitutional rights, shall be
225	developed for intensive residential treatment programs for
226	offenders less than 13 years of age as follows:
227	(a)  The department shall provide for:
228	1.  The oversight of implementation of assessment and
229	treatment approaches.
230	2.  The identification and prequalification of appropriate
231	individuals or not-for-profit organizations, including minority
232	individuals or organizations when possible, to provide
233	assessment and treatment services to intensive offenders less
234	than 13 years of age.
235	3.  The monitoring and evaluation of assessment and
236	treatment services for compliance with the provisions of this
237	chapter and all applicable rules and guidelines pursuant
238	thereto.
239	4.  The development of an annual report on the performance
240	of assessment and treatment to be presented to the Governor, the
241	Attorney General, the President of the Senate, the Speaker of
242	the House of Representatives, the Auditor General, and the
243	Office of Program Policy Analysis and Government Accountability
244	no later than January 1 of each year.
245	Section 6.  Subsection (5) of section 985.317, Florida
246	Statutes, is amended to read:
247	985.317  Literacy programs for juvenile offenders.--
248	(5)  EVALUATION AND REPORT.--The department, in
249	consultation with the Department of Education, shall develop and
250	implement an evaluation of the literacy program in order to
251	determine the impact of the programs on recidivism. The
252	department shall submit an annual report on the implementation
253	and progress of the programs to the President of the Senate and
254	the Speaker of the House of Representatives by January 1 of each
255	year.
256	Section 7.  Section 985.3142, Florida Statutes, is created
257	to read:
258	985.3142  Failure to return from a temporary release.--The
259	willful failure of a child to return to a residential commitment
260	facility described in s. 985.03(46) within the time authorized
261	for a temporary release shall:
262	(1)  For a first offense, constitute absconding and such
263	offense shall be treated in the same manner as absconding from a
264	nonresidential commitment facility under this chapter, except
265	that under s. 985.215(2) the court shall order that the child be
266	returned to his or her residential commitment facility at the
267	child's detention hearing.
268	(2)  For a second or subsequent offense, constitute a
269	misdemeanor of the second degree, punishable as provided in s.
270	775.082 or s. 775.083.
271	Section 8.  Section 985.412, Florida Statutes, is amended
272	to read:
273	985.412  Program review and reporting requirements Quality
274	assurance and cost-effectiveness.--
275	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
276	Legislature that the department:
277	(a)  Ensure that information be provided to decisionmakers
278	in a timely manner so that resources are allocated to programs
279	that of the department which achieve desired performance levels.
280	(b)  Collect and analyze available statistical data for the
281	purpose of ongoing evaluation of all programs.
282	(c)(b)  Provide information about the cost of such programs
283	and their differential effectiveness so that program the quality
284	may of such programs can be compared and improvements made
285	continually.
286	(d)(c)  Provide information to aid in developing related
287	policy issues and concerns.
288	(e)(d)  Provide information to the public about the
289	effectiveness of such programs in meeting established goals and
290	objectives.
291	(f)(e)  Provide a basis for a system of accountability so
292	that each youth client is afforded the best programs to meet his
293	or her needs.
294	(g)(f)  Improve service delivery to youth clients.
295	(h)(g)  Modify or eliminate activities that are not
296	effective.
297	(2)  DEFINITIONS.--As used in this section, the term:
298	(a)  "Youth" "Client" means any person who is being
299	provided treatment or services by the department or by a
300	provider under contract with the department.
301	(b)  "Program" means any facility, service, or program for
302	youth that is operated by the department or by a provider under
303	contract with the department.
304	(c)(b)  "Program component" means an aggregation of
305	generally related objectives which, because of their special
306	character, related workload, and interrelated output, can
307	logically be considered an entity for purposes of organization,
308	management, accounting, reporting, and budgeting.
309	(c)  "Program effectiveness" means the ability of the
310	program to achieve desired client outcomes, goals, and
311	objectives.
312	(d)  "Program group" means a collection of programs with
313	sufficient similarity of function, services, and youth to permit
314	appropriate comparisons among programs within the group.
315	(3)  OUTCOME EVALUATION.--The department, in consultation
316	with the Office of Economic and Demographic Research, the Office
317	of Program Policy Analysis and Government Accountability, and
318	contract service providers, shall develop and use a standard
319	methodology for annually measuring, evaluating, and reporting
320	program outputs and youth outcomes for each program and program
321	group.
322	(a)  The standard methodology must:
323	1.  Incorporate, whenever possible, performance-based
324	budgeting measures.
325	2.  Include common terminology and operational definitions
326	for measuring the performance of system and program
327	administration, program outputs, and youth outcomes.
328	3.  Specify program outputs for each program and for each
329	program group within the juvenile justice continuum.
330	4.  Specify desired youth outcomes and methods by which to
331	measure youth outcomes for each program and program group.
332	(b)  By February 15 of each year, the department shall
333	submit to the appropriate substantive and fiscal committees of
334	each house of the Legislature and the Governor a report that
335	identifies and describes:
336	1.  The standard methodology implemented under paragraph
337	(a).
338	2.  The programs offered within each program group.
339	3.  The demographic profile and offense history of youth
340	served in each program group.
341	4.  The actual program outputs and youth outcomes achieved
342	in each program group. The department shall annually collect and
343	report cost data for every program operated or contracted by the
344	department. The cost data shall conform to a format approved by
345	the department and the Legislature. Uniform cost data shall be
346	reported and collected for state-operated and contracted
347	programs so that comparisons can be made among programs. The
348	department shall ensure that there is accurate cost accounting
349	for state-operated services including market-equivalent rent and
350	other shared cost. The cost of the educational program provided
351	to a residential facility shall be reported and included in the
352	cost of a program. The department shall submit an annual cost
353	report to the President of the Senate, the Speaker of the House
354	of Representatives, the Minority Leader of each house of the
355	Legislature, the appropriate substantive and fiscal committees
356	of each house of the Legislature, and the Governor, no later
357	than December 1 of each year. Cost-benefit analysis for
358	educational programs will be developed and implemented in
359	collaboration with and in cooperation with the Department of
360	Education, local providers, and local school districts. Cost
361	data for the report shall include data collected by the
362	Department of Education for the purposes of preparing the annual
363	report required by s. 1003.52(19).
364	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
365	Juvenile Justice, in consultation with the Office of Economic
366	and Demographic Research, and contract service providers, shall
367	develop a cost-effectiveness model and apply the model to each
368	commitment program. Program recidivism rates shall be a
369	component of the model.
370	(a)  The cost-effectiveness model shall compare program
371	costs to expected and actual youth recidivism rates client
372	outcomes and program outputs. It is the intent of the
373	Legislature that continual development efforts take place to
374	improve the validity and reliability of the cost-effectiveness
375	model and to integrate the standard methodology developed under
376	s. 985.401(4) for interpreting program outcome evaluations.
377	(b)  The department shall rank commitment programs based on
378	the cost-effectiveness model and shall submit a report to the
379	appropriate substantive and fiscal committees of each house of
380	the Legislature by January 15 December 31 of each year.
381	(c)  Based on reports of the department on client outcomes
382	and program outputs and on the department's most recent cost-
383	effectiveness rankings, the department may terminate a
384	commitment program operated by the department or a provider if
385	the program has failed to achieve a minimum threshold of cost-
386	effectiveness program effectiveness. This paragraph does not
387	preclude the department from terminating a contract as provided
388	under this section or as otherwise provided by law or contract,
389	and does not limit the department's authority to enter into or
390	terminate a contract.
391	(d)  In collaboration with the Office of Economic and
392	Demographic Research, and contract service providers, the
393	department shall develop a work plan to refine the cost-
394	effectiveness model so that the model is consistent with the
395	performance-based program budgeting measures approved by the
396	Legislature to the extent the department deems appropriate. The
397	department shall notify the Office of Program Policy Analysis
398	and Government Accountability of any meetings to refine the
399	model.
400	(e)  Contingent upon specific appropriation, the
401	department, in consultation with the Office of Economic and
402	Demographic Research, and contract service providers, shall:
403	1.  Construct a profile of each commitment program that
404	uses the results of the quality assurance report required by
405	this section, the cost-effectiveness report required in this
406	subsection, and other reports available to the department.
407	2.  Target, for a more comprehensive evaluation, any
408	commitment program that has achieved consistently high, low, or
409	disparate ratings in the reports required under subparagraph 1.
410	3.  Identify the essential factors that contribute to the
411	high, low, or disparate program ratings.
412	4.  Use the results of these evaluations in developing or
413	refining juvenile justice programs or program models, youth
414	client outcomes and program outputs, provider contracts, quality
415	assurance standards, and the cost-effectiveness model.
416	(5)  QUALITY ASSURANCE.--The department shall:
417	(a)  Establish a comprehensive quality assurance system for
418	each program operated by the department or operated by a
419	provider under contract with the department. Each contract
420	entered into by the department must provide for quality
421	assurance.
422	(b)  Provide operational definitions of and criteria for
423	quality assurance for each specific program component.
424	(c)  Establish quality assurance goals and objectives for
425	each specific program component.
426	(d)  Establish the information and specific data elements
427	required for the quality assurance program.
428	(e)  Develop a quality assurance manual of specific,
429	standardized terminology and procedures to be followed by each
430	program.
431	(f)  Evaluate each program operated by the department or a
432	provider under a contract with the department and establish
433	minimum thresholds for each program component. If a provider
434	fails to meet the established minimum thresholds, such failure
435	shall cause the department to cancel the provider's contract
436	unless the provider achieves compliance with minimum thresholds
437	within 6 months or unless there are documented extenuating
438	circumstances. In addition, the department may not contract with
439	the same provider for the canceled service for a period of 12
440	months. If a department-operated program fails to meet the
441	established minimum thresholds, the department must take
442	necessary and sufficient steps to ensure and document program
443	changes to achieve compliance with the established minimum
444	thresholds. If the department-operated program fails to achieve
445	compliance with the established minimum thresholds within 6
446	months and if there are no documented extenuating circumstances,
447	the department must notify the Executive Office of the Governor
448	and the Legislature of the corrective action taken. Appropriate
449	corrective action may include, but is not limited to:
450	1.  Contracting out for the services provided in the
451	program;
452	2.  Initiating appropriate disciplinary action against all
453	employees whose conduct or performance is deemed to have
454	materially contributed to the program's failure to meet
455	established minimum thresholds;
456	3.  Redesigning the program; or
457	4.  Realigning the program.
458	(g)  The department shall Submit an annual report to the
459	President of the Senate, the Speaker of the House of
460	Representatives, the minority leader of each house of the
461	Legislature, the appropriate substantive and fiscal committees
462	of each house of the Legislature, and the Governor by, no later
463	than February 1 of each year. The annual report must contain, at
464	a minimum, for each specific program component:
465	1.  A comprehensive description of the population served.
466	by the program;
467	2.  A specific description of its the services.
468	3.  A summary of the performance of each program component
469	evaluated. provided by the program;
470	4.  Cost data that is reported in a uniform format so that
471	cost comparisons may be made among programs. For a residential
472	program, the cost data must include the cost of its educational
473	program.;
474	5.  A comparison of expenditures to federal and state
475	funding.;
476	6.  Immediate and long-range concerns.; and
477	7.  Recommendations to maintain, expand, improve, modify,
478	or eliminate each program component so that changes in services
479	lead to enhancement in program quality. The department shall
480	ensure the reliability and validity of the information contained
481	in the report.
482	(6)  The department shall collect and analyze available
483	statistical data for the purpose of ongoing evaluation of all
484	programs. The department shall provide the Legislature with
485	necessary information and reports to enable the Legislature to
486	make informed decisions regarding the effectiveness of, and any
487	needed changes in, services, programs, policies, and laws.
488	(7)  No later than November 1, 2001, the department shall
489	submit a proposal to the Legislature concerning funding
490	incentives and disincentives for the department and for
491	providers under contract with the department. The
492	recommendations for funding incentives and disincentives shall
493	be based upon both quality assurance performance and cost-
494	effectiveness performance. The proposal should strive to achieve
495	consistency in incentives and disincentives for both department-
496	operated and contractor-provided programs. The department may
497	include recommendations for the use of liquidated damages in the
498	proposal; however, the department is not presently authorized to
499	contract for liquidated damages in non-hardware-secure
500	facilities until January 1, 2002.
501	Section 9.  Judicial discretion to select commitment
502	programs; pilot program.--
503	(1)  The definitions contained in s. 985.03, Florida
504	Statutes, apply to this section. Additionally, for purposes of
505	this section, the term:
506	(a)  "Available placement" means a commitment program for
507	which the department has determined the youth is eligible.
508	(b)  "Commitment program" means a facility, service, or
509	program operated by the department or by a provider under
510	contract with the department within a restrictiveness level.
511	(c)  "Delinquency court" means a circuit court in the
512	First, Eleventh, Thirteenth, or Twentieth Judicial Circuit.
513	(d)  "Eligible" means a determination that the youth
514	satisfies admission criteria for the commitment program.
515	(e)  "Wait period" means the shortest period of time
516	expected to elapse prior to placement of a youth in a commitment
517	program, as determined by the department based upon anticipated
518	release dates for youth currently in the commitment program.
519	(2)  Between September 1, 2006, and July 1, 2010, a pilot
520	program shall be conducted in the First, Eleventh, Thirteenth,
521	and Twentieth Judicial Circuits which authorizes delinquency
522	courts to select commitment programs for youth. The purpose of
523	the pilot program is to identify and evaluate the benefits and
524	disadvantages of affording such judicial discretion prior to
525	legislative consideration of statewide implementation.
526	(3)  Before August 31, 2006, the department shall:
527	(a)  Develop, in consultation with delinquency court
528	judges, procedures to implement this section.
529	(b)  Publish on its Internet website information that
530	identifies the name and address of each commitment program and
531	that describes for each identified commitment program the
532	population of youth served; the maximum capacity; the services
533	offered; the admission criteria; the most recent recidivism
534	rates; and the most recent cost-effectiveness rankings and
535	quality assurance results under s. 985.412, Florida Statutes.
536	The department shall continually update information published
537	under this paragraph as modifications occur.
538	(4)  Between September 1, 2006, and July 1, 2010, a
539	delinquency court may:
540	(a)  Order the department to include in a youth's
541	predisposition report a list of all available placements within
542	each restrictiveness level identified by the court or
543	recommended by the department. The list shall also indicate the
544	wait period for each available placement identified by the
545	department.
546	(b)1.  Specify for a youth committed by the court an
547	available placement identified in the listing under paragraph
548	(a), which has a wait period of 30 calendar days or less for a
549	minimum-risk nonresidential, low-risk residential, moderate-risk
550	residential, or high-risk residential commitment program or a
551	wait period of 20 calendar days or less for a maximum-risk
552	residential commitment program; or
553	2.  Alternatively, a delinquency court may specify:
554	a.  An available placement with a wait period in excess of
555	those identified in subparagraph 1., if the court states reasons
556	on the record establishing by a preponderance of the evidence
557	that the available placement is in the youth's best interest; or
558	b.  A commitment program that is not listed as an available
559	placement, if the court states reasons on the record
560	establishing by a preponderance of the evidence that the youth
561	is eligible for the commitment program and that the commitment
562	program is in the youth's best interest.
563	(5)  When a delinquency court specifies an available
564	placement or commitment program for a youth under paragraph
565	(4)(b), the youth shall be placed, as specified by the court,
566	when the next regularly scheduled opening occurs after the
567	placement of other youth who were previously committed and
568	waiting for that program.
569	(6)(a)  The Office of Program Policy Analysis and
570	Government Accountability shall conduct a longitudinal
571	evaluation of the pilot program created by this section and
572	shall submit a written report to the appropriate substantive and
573	fiscal committees of the Legislature and to the Governor on
574	January 1, 2008, and annually thereafter, which identifies,
575	according to judicial circuit and restrictiveness level, the
576	following data, as it becomes available, for the pilot program
577	period:
578	1.  The number of youth committed to the department by a
579	delinquency court.
580	2.  The number of youth placed by a delinquency court in an
581	available placement under subparagraph (4)(b)1. and sub-
582	subparagraph (4)(b)2.a. and in a commitment program under sub-
583	subparagraph (4)(b)2.b.
584	3.  The number of youth placed in a department-specified
585	commitment program.
586	4.  The average wait period for, and the average number of
587	days spent by youth in secure detention while awaiting placement
588	in, delinquency court-specified commitment programs and
589	department-specified commitment programs.
590	5.  The number of youth who complete, and who are otherwise
591	released from, delinquency court-specified commitment programs
592	and department-specified commitment programs.
593	6.  Educational achievements made by youth while
594	participating in delinquency court-specified commitment programs
595	and department-specified commitment programs.
596	7.  The number of youth who are taken into custody for a
597	felony or misdemeanor within 6 months following completion of
598	delinquency court-specified commitment programs and department-
599	specified commitment programs.
600	(b)  Before August 31, 2006:
601	1.  The department, in consultation with the Office of
602	Program Policy Analysis and Government Accountability, shall
603	develop reporting protocols to collect and maintain data
604	necessary for the report required by this subsection.
605	2.  The Office of Program Policy Analysis and Government
606	Accountability, in consultation with staff of the appropriate
607	substantive and fiscal committees of the Legislature, shall
608	develop common terminology and operational definitions for the
609	measurement of data necessary for the report required by this
610	subsection.
611	(c)  The reports required under paragraph (a) to be
612	submitted on January 1, 2009, and January 1, 2010, must also
613	include:
614	1.  Findings by the Office of Program Policy Analysis and
615	Government Accountability, the department, and delinquency
616	courts regarding the benefits and disadvantages of authorizing
617	courts to select commitment programs.
618	2.  Recommendations by the Office of Program Policy
619	Analysis and Government Accountability, the department, and
620	delinquency courts, if found to be warranted, for amendments to
621	current statutes addressing commitment.
622	(7)  This section is repealed effective July 1, 2010.
623	Section 10.  Task force on juvenile cruelty to animals.--
624	(1)  The Legislature recognizes that multiple research
625	studies have found statistically significant correlations
626	between acts of animal cruelty by juveniles and violent behavior
627	against persons and that a literature review conducted by the
628	federal Office of Juvenile Justice Delinquency Prevention found
629	that juvenile animal cruelty may be characteristic of the
630	developmental histories of 25 to 60 percent of violent adult
631	offenders. The Legislature further recognizes that it is
632	critical for the rehabilitation of juvenile animal cruelty
633	offenders and for the protection of society that the Legislature
634	establish a policy requiring the Department of Juvenile Justice
635	to assess the specific rehabilitation needs of juvenile animal
636	cruelty offenders and to provide programs that will treat these
637	offenders and halt further antisocial conduct.
638	(2)  For purposes of this section, the term:
639	(a)  "Department" means the Department of Juvenile Justice.
640	(b)  "Juvenile animal cruelty offender" means a juvenile
641	referred to the department who has violated s. 828.12, Florida
642	Statutes, or who otherwise has a history of engaging in one or
643	more acts of animal cruelty.
644	(3)  There is created a task force to review and evaluate
645	the state's laws that define and address animal cruelty and the
646	department's practices for treating and rehabilitating juvenile
647	animal cruelty offenders. The task force shall make findings
648	that include, but are not limited to:
649	(a)  Identification of statutes that address animal
650	cruelty.
651	(b)  Compilation of statistics regarding the number of
652	juveniles in this state who have been found, between July 1,
653	2001, and June 30, 2006, to have committed an act of animal
654	cruelty in violation of s. 828.12, Florida Statutes, and
655	identification of the disposition imposed in each of those
656	cases.
657	(c)  A profile of the delinquency and criminal histories of
658	the juveniles involved in the cases identified in paragraph (b)
659	before and after commission of the act of animal cruelty.
660	(d)  A summary of the department's methods for identifying
661	juvenile animal cruelty offenders who are referred to the
662	department for a delinquent act other than a violation of s.
663	828.12, Florida Statutes.
664	(e)  Identification of the department's practices,
665	procedures, and programs for the treatment and rehabilitation of
666	juvenile animal cruelty offenders.
667	(f)  A summary of research regarding juvenile animal
668	cruelty offenders and of any recommendations contained therein
669	for the treatment and rehabilitation of these offenders.
670	(g)  Identification of best and evidence-based practices
671	and model programs used in other jurisdictions for the treatment
672	and rehabilitation of juvenile animal cruelty offenders.
673	(4)  Based on its findings, the task force shall make
674	recommendations for the improvement of the state's policies and
675	laws that address juvenile animal cruelty. Such recommendations
676	shall specifically include, but are not limited to,
677	identification of methods to assess the needs of juvenile animal
678	cruelty offenders, treatment programs that will best
679	rehabilitate juvenile animal cruelty offenders, service delivery
680	mechanisms to ensure that recommended treatment programs are
681	available statewide, and any funding needs above existing
682	resources to ensure adequate availability of recommended
683	treatment programs.
684	(5)  On or before August 1, 2006, the secretary of the
685	department shall appoint up to 12 members to the task force. The
686	task force membership shall include, but is not limited to:
687	three persons who collectively have experience with the conduct
688	of juvenile animal cruelty research and with the treatment and
689	rehabilitation of juvenile animal cruelty offenders; two
690	department employees who collectively are responsible for
691	research and planning and delinquency prevention and treatment
692	programming; and two representatives of providers of juvenile
693	delinquency prevention, treatment, and rehabilitation services.
694	(6)  The task force shall submit a written report of its
695	findings and recommendations to the Governor, the President of
696	the Senate, and the Speaker of the House of Representatives by
697	January 1, 2007.
698	(7)  Administrative support for the task force shall be
699	provided by the department. Members of the task force shall
700	serve without compensation, but are entitled to reimbursement
701	under s. 112.061, Florida Statutes, for travel and per diem
702	expenses incurred in the performance of their official duties.
703	The task force shall strive to minimize travel and per diem
704	expenses by performing, when practicable, its duties in the
705	location where the majority of task force members reside.
706	(8)  The task force shall be dissolved upon submission of
707	its report.
708	Section 11.  Task Force on Juvenile Sexual Offenders and
709	their Victims.--
710	(1)  For purposes of this section, the term:
711	(a)  "Department" means the Department of Juvenile Justice.
712	(b)  "Task force" means the 2006 Task Force on Juvenile
713	Sexual Offenders and their Victims.
714	(2)  On or before August 1, 2006, there shall be created a
715	task force to continue the evaluation of the state's juvenile
716	sexual offender laws that was conducted by the 2005 Task Force
717	on Juvenile Sexual Offenders and their Victims, as created in s.
718	10 of chapter 2005-263, Laws of Florida.
719	(3)  The secretary of the department shall appoint up to 12
720	members to the task force, who shall include, but are not
721	limited to, a circuit court judge with at least 1 year of
722	experience in the juvenile division, a state attorney with at
723	least 1 year of experience in the juvenile division, a public
724	defender with at least 1 year of experience in the juvenile
725	division, two representatives of the department, one member from
726	the Florida Juvenile Justice Association, two members from
727	providers of juvenile sexual offender services, one member from
728	the Florida Association for the Treatment of Sexual Abusers, and
729	one victim advocate.
730	(4)  The task force shall:
731	(a)  Review the findings and recommendations contained in
732	the final report of the 2005 Task Force on Juvenile Sexual
733	Offenders and their Victims, including the recommendations
734	specified in Appendix II of that report, and identify each
735	recommendation that has not yet been implemented.
736	(b)  Determine which recommendations reviewed under
737	paragraph (a) remain appropriate for implementation.
738	(c)  Make additional recommendations, if warranted, for the
739	improvement of the state's laws, policies, programs, and funding
740	for juvenile sexual offenders.
741	(d)  Submit a written report to the Governor and the
742	appropriate substantive and fiscal committees of the Legislature
743	no later than January 1, 2007, that:
744	1.  Discusses each state law addressing juvenile sexual
745	offenders.
746	2.  Specifically identifies statutory criteria that should
747	be satisfied before a juvenile is classified as a sexual
748	offender or placed in sexual offender programming.
749	3.  Sets forth detailed findings in support of each
750	recommendation under paragraphs (b) and (c) and a comprehensive
751	plan for implementation of these recommendations, including
752	proposed amendments to statute to redefine the term "juvenile
753	sexual offender" and modifications of state agency rules,
754	practices, and procedures.
755	(5)  The department shall provide administrative support
756	for the task force. Members of the task force shall receive no
757	salary from the state beyond any salary already received from
758	their sponsoring agencies, if any, and are not entitled to
759	reimbursement for travel and per diem expenses.
760	(6)  The task force shall be dissolved upon submission of
761	its report.
762	Section 12.  This act shall take effect July 1, 2006.
763
764
765	======= T I T L E  A M E N D M E N T ==========
766	Remove the entire title and insert:
767	A bill to be entitled
768	An act relating to juvenile justice; amending s. 985.207, F.S.;
769	permitting a law enforcement officer to take a child into
770	custody for a violation of adjudication order conditions;
771	amending s. 985.215, F.S.; permitting specified types of
772	postadjudication detention for a child who has previously failed
773	to appear at delinquency court proceedings regardless of risk
774	assessment instrument results; providing exceptions that permit
775	postadjudication detention until the child's disposition order
776	is entered in his or her case; conforming cross-references;
777	amending s. 985.228, F.S.; requiring a court to include
778	specified conditions in a child's order of adjudication of
779	delinquency that apply during the postadjudication and
780	predisposition period; providing a definition; permitting a
781	court to find a child in contempt of court for a violation of
782	adjudication order conditions; providing sanctions; amending s.
783	985.31, F.S.; deleting a requirement for a report on serious or
784	habitual juvenile offenders; amending s. 985.311, F.S.; deleting
785	a requirement for a report on intensive residential treatment;
786	amending s. 985.317, F.S.; deleting a requirement for a report
787	on literacy programs for juvenile offenders; creating s.
788	985.3142, F.S.; providing that the willful failure of a child to
789	return to a residential commitment facility within the time
790	authorized for a temporary release is absconding for a first
791	offense and is a second degree misdemeanor for a second or
792	subsequent offense; providing penalties; amending s. 985.412,
793	F.S.; directing the Department of Juvenile Justice to collect
794	and analyze specified data; creating and revising definitions;
795	requiring the development of a standard methodology for annually
796	measuring, evaluating, and reporting program outputs and youth
797	outcomes; requiring an annual report; specifying report
798	contents; deleting a requirement for an annual cost data report;
799	deleting a requirement for a cost-benefit analysis of
800	educational programs; revising a cost-effectiveness model for
801	commitment programs; revising a cost-effectiveness report due
802	date; revising requirements for annual quality assurance
803	reporting; conforming provisions; deleting obsolete provisions
804	relating to incentive and disincentive proposals and liquidated
805	damages; creating a pilot program that authorizes specified
806	courts to select commitment programs for juvenile delinquents;
807	providing definitions; providing the program's purpose;
808	requiring the Department of Juvenile Justice to develop
809	implementation procedures and to publish specified information
810	about commitment programs on its website; providing procedures
811	for the selection of commitment programs by courts; requiring
812	evaluation and reports by the Office of Program Policy Analysis
813	and Government Accountability; specifying department and court
814	responsibilities relating to the reports; providing for future
815	repeal of the pilot program; creating a task force on juvenile
816	cruelty to animals; providing powers and duties; requiring the
817	task force to consider specified issues and make
818	recommendations; providing membership; requiring a report;
819	providing for administrative support and travel reimbursement;
820	providing for dissolution of the task force; creating a Task
821	Force on Juvenile Sexual Offenders and their Victims; providing
822	definitions; providing membership; providing duties; requiring a
823	report; providing for administrative support; prohibiting per
824	diem and travel reimbursement; providing for dissolution of the
825	task force; providing an effective date.

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