HB 0335

CS

CHAMBER ACTION

1	The Juvenile Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to juvenile justice; amending s. 985.207,
7	F.S.; permitting a law enforcement officer to take a child
8	into custody for a violation of adjudication order
9	conditions; amending s. 985.215, F.S.; requiring specified
10	home detention to be with electronic monitoring, subject
11	to appropriation; permitting specified types of
12	postadjudication detention for a child who has previously
13	failed to appear at delinquency court proceedings
14	regardless of risk assessment instrument results;
15	providing exceptions that permit postadjudication
16	detention for more than 15 days; conforming a cross-
17	reference; amending s. 985.228, F.S.; requiring the court
18	to include specified conditions in a child's order of
19	adjudication of delinquency that apply during the
20	postadjudication and predisposition period; providing a
21	definition; permitting a court to find a child in contempt
22	of court for a violation of adjudication order conditions;
23	providing sanctions; amending s. 985.231, F.S.; requiring
24	specified home detention to be with electronic monitoring,
25	subject to appropriation; amending s. 985.31, F.S.;
26	deleting requirement for a report on serious or habitual
27	juvenile offenders; amending s. 985.311, F.S.; deleting
28	requirement for a report on intensive residential
29	treatment; amending s. 985.317, F.S.; deleting a
30	requirement for a report on literacy programs for juvenile
31	offenders; amending s. 985.412, F.S.; directing the
32	Department of Juvenile Justice to collect and analyze
33	specified data; creating and revising definitions;
34	requiring the development of a standard methodology for
35	annually measuring, evaluating, and reporting program
36	outputs and youth outcomes; requiring an annual report;
37	specifying report contents; deleting a requirement for an
38	annual cost data report; deleting a requirement for a
39	cost-benefit analysis of educational programs; revising a
40	cost-effectiveness model for commitment programs; revising
41	a cost-effectiveness report due date; revising
42	requirements for annual quality assurance reporting;
43	deleting outdated incentive and disincentive proposal
44	requirements; deleting outdated authorization for
45	liquidated damages contract provisions; providing an
46	effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Paragraph (e) is added to subsection (1) of
51	section 985.207, Florida Statutes, to read:
52	985.207  Taking a child into custody.--
53	(1)  A child may be taken into custody under the following
54	circumstances:
55	(e)  When a law enforcement officer has probable cause to
56	believe that a child who is awaiting disposition has violated
57	conditions imposed by the court under s. 985.228(5) in his or
58	her order of adjudication of delinquency.
59
60	Nothing in this subsection shall be construed to allow the
61	detention of a child who does not meet the detention criteria in
62	s. 985.215.
63	Section 2.  Subsection (2) and paragraphs (d) and (g) of
64	subsection (5) of section 985.215, Florida Statutes, are amended
65	to read:
66	985.215  Detention.--
67	(2)  Subject to the provisions of subsection (1), a child
68	taken into custody and placed into nonsecure or home detention
69	care or detained in secure detention care prior to a detention
70	hearing may continue to be detained by the court if:
71	(a)  The child is alleged to be an escapee from a
72	residential commitment program, or an absconder from a
73	nonresidential commitment program, a probation program, or
74	conditional release supervision, or is alleged to have escaped
75	while being lawfully transported to or from a residential
76	commitment program.
77	(b)  The child is wanted in another jurisdiction for an
78	offense which, if committed by an adult, would be a felony.
79	(c)  The child is charged with a delinquent act or
80	violation of law and requests in writing through legal counsel
81	to be detained for protection from an imminent physical threat
82	to his or her personal safety.
83	(d)  The child is charged with committing an offense of
84	domestic violence as defined in s. 741.28 and is detained as
85	provided in s. 985.213(2)(b)3.
86	(e)  The child is charged with possession or discharging a
87	firearm on school property in violation of s. 790.115.
88	(f)  The child is charged with a capital felony, a life
89	felony, a felony of the first degree, a felony of the second
90	degree that does not involve a violation of chapter 893, or a
91	felony of the third degree that is also a crime of violence,
92	including any such offense involving the use or possession of a
93	firearm.
94	(g)  The child is charged with any second degree or third
95	degree felony involving a violation of chapter 893 or any third
96	degree felony that is not also a crime of violence, and the
97	child:
98	1.  Has a record of failure to appear at court hearings
99	after being properly notified in accordance with the Rules of
100	Juvenile Procedure;
101	2.  Has a record of law violations prior to court hearings;
102	3.  Has already been detained or has been released and is
103	awaiting final disposition of the case;
104	4.  Has a record of violent conduct resulting in physical
105	injury to others; or
106	5.  Is found to have been in possession of a firearm.
107	(h)  The child is alleged to have violated the conditions
108	of the child's probation or conditional release supervision.
109	However, a child detained under this paragraph shall may be held
110	only in a consequence unit as provided in s. 985.231(1)(a)1.c.,
111	except that, if a consequence unit is not available, the child
112	shall be placed on home detention. Subject to legislative
113	appropriation, home detention under this paragraph shall be with
114	electronic monitoring.
115	(i)  The child is detained on a judicial order for failure
116	to appear and has previously willfully failed to appear, after
117	proper notice, for an adjudicatory hearing on the same case
118	regardless of the results of the risk assessment instrument. A
119	child may be held in secure detention for up to 72 hours in
120	advance of the next scheduled court hearing pursuant to this
121	paragraph. The child's failure to keep the clerk of court and
122	defense counsel informed of a current and valid mailing address
123	where the child will receive notice to appear at court
124	proceedings does not provide an adequate ground for excusal of
125	the child's nonappearance at the hearings.
126	(j)  The child is detained on a judicial order for failure
127	to appear and has previously willfully failed to appear, after
128	proper notice, at two or more court hearings of any nature on
129	the same case regardless of the results of the risk assessment
130	instrument. A child may be held in secure detention for up to 72
131	hours in advance of the next scheduled court hearing pursuant to
132	this paragraph. The child's failure to keep the clerk of court
133	and defense counsel informed of a current and valid mailing
134	address where the child will receive notice to appear at court
135	proceedings does not provide an adequate ground for excusal of
136	the child's nonappearance at the hearings.
137	(k)  At his or her adjudicatory hearing, the child has been
138	found to have committed a delinquent act or violation of law and
139	has previously willfully failed to appear, after proper notice,
140	for other delinquency court proceedings of any nature regardless
141	of the results of the risk assessment instrument. A child may be
142	held in secure detention or, at the discretion of the court and
143	if available, placed on home detention with electronic
144	monitoring until the child's disposition order is entered in his
145	or her case. The child's failure to keep the clerk of court and
146	defense counsel informed of a current and valid mailing address
147	where the child will receive notice to appear at court
148	proceedings does not provide an adequate ground for excusal of
149	the child's nonappearance at the hearings.
150
151	A child who meets any of these criteria and who is ordered to be
152	detained pursuant to this subsection shall be given a hearing
153	within 24 hours after being taken into custody. The purpose of
154	the detention hearing is to determine the existence of probable
155	cause that the child has committed the delinquent act or
156	violation of law with which he or she is charged and the need
157	for continued detention, except where the child is alleged to
158	have absconded from a nonresidential commitment program in which
159	case the court, at the detention hearing, shall order that the
160	child be released from detention and returned to his or her
161	nonresidential commitment program. Unless a child is detained
162	under paragraph (d), or paragraph (e), or paragraph (k), the
163	court shall use the results of the risk assessment performed by
164	the juvenile probation officer and, based on the criteria in
165	this subsection, shall determine the need for continued
166	detention. A child placed into secure, nonsecure, or home
167	detention care may continue to be so detained by the court
168	pursuant to this subsection. If the court orders a placement
169	more restrictive than indicated by the results of the risk
170	assessment instrument, the court shall state, in writing, clear
171	and convincing reasons for such placement. Except as provided in
172	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
173	paragraph (10)(c), or paragraph (10)(d), when a child is placed
174	into secure or nonsecure detention care, or into a respite home
175	or other placement pursuant to a court order following a
176	hearing, the court order must include specific instructions that
177	direct the release of the child from such placement no later
178	than 5 p.m. on the last day of the detention period specified in
179	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
180	whichever is applicable, unless the requirements of such
181	applicable provision have been met or an order of continuance
182	has been granted pursuant to paragraph (5)(f).
183	(5)
184	(d)  Except as provided in paragraph (2)(k), paragraph (g),
185	or s. 985.228(5), a child may not be held in secure, nonsecure,
186	or home detention care for more than 15 days following the entry
187	of an order of adjudication.
188	(g)  Upon good cause being shown that the nature of the
189	charge requires additional time for the prosecution or defense
190	of the case, the court may extend the time limits for detention
191	specified in paragraph (c) or paragraph (d) an additional 9 days
192	if the child is charged with an offense that would be, if
193	committed by an adult, a capital felony, a life felony, a felony
194	of the first degree, or a felony of the second degree involving
195	violence against any individual.
196	Section 3.  Subsection (5) of section 985.228, Florida
197	Statutes, is amended to read:
198	985.228  Adjudicatory hearings; withheld adjudications;
199	orders of adjudication.--
200	(5)(a)  If the court finds that the child named in a
201	petition has committed a delinquent act or violation of law, but
202	elects not to proceed under subsection (4), it shall incorporate
203	that finding in an order of adjudication of delinquency entered
204	in the case, briefly stating the facts upon which the finding is
205	made, and the court shall thereafter have full authority under
206	this chapter to deal with the child as adjudicated.
207	(b)  The order of adjudication of delinquency under
208	paragraph (a) shall also include conditions that must be
209	followed by the child until a disposition order is entered in
210	his or her case. These conditions must include, but are not
211	limited to, specifying that the child, during any period of time
212	that he or she:
213	1.  Is not in secure detention, must comply with a curfew;
214	must attend school or another educational program, if eligible;
215	and is prohibited from engaging in ungovernable behavior.
216	2.  Is in secure detention, is prohibited from engaging in
217	ungovernable behavior.
218	(c)  For purposes of this subsection, the term
219	"ungovernable behavior" means:
220	1.  The child's failing to obey the reasonable and lawful
221	demands of the child's parent or legal guardian and, where
222	applicable, the reasonable and lawful demands of a person
223	responsible for supervising the child while he or she is in
224	school, another educational program, or secure detention.
225	2.  The child engaging in behavior that evidences a risk
226	that the child may fail to appear for future court proceedings
227	or may inflict harm upon others or the property of others.
228	3.  Other behavior of the child as specified in writing by
229	the court in the order of adjudication of delinquency.
230	(d)  If a child willfully violates a condition contained in
231	his or her order of adjudication of delinquency, the court may
232	find the child in direct or indirect contempt of court under s.
233	985.216; however, notwithstanding s. 985.216 and the results of
234	the risk assessment instrument, the child's sanctions for such
235	contempt of court shall be placement in secure detention or, at
236	the discretion of the court and if available, on home detention
237	with electronic monitoring until the child's disposition order
238	is entered in his or her case.
239	Section 4.  Paragraph (a) of subsection (1) of section
240	985.231, Florida Statutes, is amended to read:
241	985.231  Powers of disposition in delinquency cases.--
242	(1)(a)  The court that has jurisdiction of an adjudicated
243	delinquent child may, by an order stating the facts upon which a
244	determination of a sanction and rehabilitative program was made
245	at the disposition hearing:
246	1.  Place the child in a probation program or a
247	postcommitment probation program under the supervision of an
248	authorized agent of the department or of any other person or
249	agency specifically authorized and appointed by the court,
250	whether in the child's own home, in the home of a relative of
251	the child, or in some other suitable place under such reasonable
252	conditions as the court may direct. A probation program for an
253	adjudicated delinquent child must include a penalty component
254	such as restitution in money or in kind, community service, a
255	curfew, revocation or suspension of the driver's license of the
256	child, or other nonresidential punishment appropriate to the
257	offense and must also include a rehabilitative program component
258	such as a requirement of participation in substance abuse
259	treatment or in school or other educational program. If the
260	child is attending or is eligible to attend public school and
261	the court finds that the victim or a sibling of the victim in
262	the case is attending or may attend the same school as the
263	child, the court placement order shall include a finding
264	pursuant to the proceedings described in s. 985.23(1)(d). Upon
265	the recommendation of the department at the time of disposition,
266	or subsequent to disposition pursuant to the filing of a
267	petition alleging a violation of the child's conditions of
268	postcommitment probation, the court may order the child to
269	submit to random testing for the purpose of detecting and
270	monitoring the use of alcohol or controlled substances.
271	a.  A classification scale for levels of supervision shall
272	be provided by the department, taking into account the child's
273	needs and risks relative to probation supervision requirements
274	to reasonably ensure the public safety. Probation programs for
275	children shall be supervised by the department or by any other
276	person or agency specifically authorized by the court. These
277	programs must include, but are not limited to, structured or
278	restricted activities as described in this subparagraph, and
279	shall be designed to encourage the child toward acceptable and
280	functional social behavior. If supervision or a program of
281	community service is ordered by the court, the duration of such
282	supervision or program must be consistent with any treatment and
283	rehabilitation needs identified for the child and may not exceed
284	the term for which sentence could be imposed if the child were
285	committed for the offense, except that the duration of such
286	supervision or program for an offense that is a misdemeanor of
287	the second degree, or is equivalent to a misdemeanor of the
288	second degree, may be for a period not to exceed 6 months. When
289	restitution is ordered by the court, the amount of restitution
290	may not exceed an amount the child and the parent or guardian
291	could reasonably be expected to pay or make. A child who
292	participates in any work program under this part is considered
293	an employee of the state for purposes of liability, unless
294	otherwise provided by law.
295	b.  The court may conduct judicial review hearings for a
296	child placed on probation for the purpose of fostering
297	accountability to the judge and compliance with other
298	requirements, such as restitution and community service. The
299	court may allow early termination of probation for a child who
300	has substantially complied with the terms and conditions of
301	probation.
302	c.  If the conditions of the probation program or the
303	postcommitment probation program are violated, the department or
304	the state attorney may bring the child before the court on a
305	petition alleging a violation of the program. Any child who
306	violates the conditions of probation or postcommitment probation
307	must be brought before the court if sanctions are sought. A
308	child taken into custody under s. 985.207 for violating the
309	conditions of probation or postcommitment probation shall be
310	held in a consequence unit if such a unit is available. The
311	child shall be afforded a hearing within 24 hours after being
312	taken into custody to determine the existence of probable cause
313	that the child violated the conditions of probation or
314	postcommitment probation. A consequence unit is a secure
315	facility specifically designated by the department for children
316	who are taken into custody under s. 985.207 for violating
317	probation or postcommitment probation, or who have been found by
318	the court to have violated the conditions of probation or
319	postcommitment probation. If the violation involves a new charge
320	of delinquency, the child may be detained under s. 985.215 in a
321	facility other than a consequence unit. If the child is not
322	eligible for detention for the new charge of delinquency, the
323	child may be held in the consequence unit pending a hearing and
324	is subject to the time limitations specified in s. 985.215. If
325	the child denies violating the conditions of probation or
326	postcommitment probation, the court shall appoint counsel to
327	represent the child at the child's request. Upon the child's
328	admission, or if the court finds after a hearing that the child
329	has violated the conditions of probation or postcommitment
330	probation, the court shall enter an order revoking, modifying,
331	or continuing probation or postcommitment probation. In each
332	such case, the court shall enter a new disposition order and, in
333	addition to the sanctions set forth in this paragraph, may
334	impose any sanction the court could have imposed at the original
335	disposition hearing. If the child is found to have violated the
336	conditions of probation or postcommitment probation, the court
337	may:
338	(I)  Place the child in a consequence unit in that judicial
339	circuit, if available, for up to 5 days for a first violation,
340	and up to 15 days for a second or subsequent violation, or, if a
341	consequence unit is not available, the court may place the child
342	on home detention, which shall, subject to legislative
343	appropriation, include electronic monitoring.
344	(II)  Place the child on home detention with electronic
345	monitoring. However, this sanction may be used only if a
346	residential consequence unit is not available.
347	(II)(III)  Modify or continue the child's probation program
348	or postcommitment probation program.
349	(III)(IV)  Revoke probation or postcommitment probation and
350	commit the child to the department.
351	d.  Notwithstanding s. 743.07 and paragraph (d), and except
352	as provided in s. 985.31, the term of any order placing a child
353	in a probation program must be until the child's 19th birthday
354	unless he or she is released by the court, on the motion of an
355	interested party or on its own motion.
356	2.  Commit the child to a licensed child-caring agency
357	willing to receive the child, but the court may not commit the
358	child to a jail or to a facility used primarily as a detention
359	center or facility or shelter.
360	3.  Commit the child to the department at a restrictiveness
361	level defined in s. 985.03. Such commitment must be for the
362	purpose of exercising active control over the child, including,
363	but not limited to, custody, care, training, urine monitoring,
364	and treatment of the child and release of the child from
365	residential commitment into the community in a postcommitment
366	nonresidential conditional release program. If the child is
367	eligible to attend public school following commitment and the
368	court finds that the victim or a sibling of the victim in the
369	case is or may be attending the same school as the child, the
370	commitment order shall include a finding pursuant to the
371	proceedings described in s. 985.23(1)(d). If the child is not
372	successful in the conditional release program, the department
373	may use the transfer procedure under s. 985.404. Notwithstanding
374	s. 743.07 and paragraph (d), and except as provided in s.
375	985.31, the term of the commitment must be until the child is
376	discharged by the department or until he or she reaches the age
377	of 21.
378	4.  Revoke or suspend the driver's license of the child.
379	5.  Require the child and, if the court finds it
380	appropriate, the child's parent or guardian together with the
381	child, to render community service in a public service program.
382	6.  As part of the probation program to be implemented by
383	the department, or, in the case of a committed child, as part of
384	the community-based sanctions ordered by the court at the
385	disposition hearing or before the child's release from
386	commitment, order the child to make restitution in money,
387	through a promissory note cosigned by the child's parent or
388	guardian, or in kind for any damage or loss caused by the
389	child's offense in a reasonable amount or manner to be
390	determined by the court. The clerk of the circuit court shall be
391	the receiving and dispensing agent. In such case, the court
392	shall order the child or the child's parent or guardian to pay
393	to the office of the clerk of the circuit court an amount not to
394	exceed the actual cost incurred by the clerk as a result of
395	receiving and dispensing restitution payments. The clerk shall
396	notify the court if restitution is not made, and the court shall
397	take any further action that is necessary against the child or
398	the child's parent or guardian. A finding by the court, after a
399	hearing, that the parent or guardian has made diligent and good
400	faith efforts to prevent the child from engaging in delinquent
401	acts absolves the parent or guardian of liability for
402	restitution under this subparagraph.
403	7.  Order the child and, if the court finds it appropriate,
404	the child's parent or guardian together with the child, to
405	participate in a community work project, either as an
406	alternative to monetary restitution or as part of the
407	rehabilitative or probation program.
408	8.  Commit the child to the department for placement in a
409	program or facility for serious or habitual juvenile offenders
410	in accordance with s. 985.31. Any commitment of a child to a
411	program or facility for serious or habitual juvenile offenders
412	must be for an indeterminate period of time, but the time may
413	not exceed the maximum term of imprisonment that an adult may
414	serve for the same offense. The court may retain jurisdiction
415	over such child until the child reaches the age of 21,
416	specifically for the purpose of the child completing the
417	program.
418	9.  In addition to the sanctions imposed on the child,
419	order the parent or guardian of the child to perform community
420	service if the court finds that the parent or guardian did not
421	make a diligent and good faith effort to prevent the child from
422	engaging in delinquent acts. The court may also order the parent
423	or guardian to make restitution in money or in kind for any
424	damage or loss caused by the child's offense. The court shall
425	determine a reasonable amount or manner of restitution, and
426	payment shall be made to the clerk of the circuit court as
427	provided in subparagraph 6.
428	10.  Subject to specific appropriation, commit the juvenile
429	sexual offender to the department for placement in a program or
430	facility for juvenile sexual offenders in accordance with s.
431	985.308. Any commitment of a juvenile sexual offender to a
432	program or facility for juvenile sexual offenders must be for an
433	indeterminate period of time, but the time may not exceed the
434	maximum term of imprisonment that an adult may serve for the
435	same offense. The court may retain jurisdiction over a juvenile
436	sexual offender until the juvenile sexual offender reaches the
437	age of 21, specifically for the purpose of completing the
438	program.
439	Section 5.  Paragraph (a) of subsection (1) of section
440	985.31, Florida Statutes, is amended to read:
441	985.31  Serious or habitual juvenile offender.--
442	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
443	provisions of this chapter and the establishment of appropriate
444	program guidelines and standards, contractual instruments, which
445	shall include safeguards of all constitutional rights, shall be
446	developed as follows:
447	(a)  The department shall provide for:
448	1.  The oversight of implementation of assessment and
449	treatment approaches.
450	2.  The identification and prequalification of appropriate
451	individuals or not-for-profit organizations, including minority
452	individuals or organizations when possible, to provide
453	assessment and treatment services to serious or habitual
454	delinquent children.
455	3.  The monitoring and evaluation of assessment and
456	treatment services for compliance with the provisions of this
457	chapter and all applicable rules and guidelines pursuant
458	thereto.
459	4.  The development of an annual report on the performance
460	of assessment and treatment to be presented to the Governor, the
461	Attorney General, the President of the Senate, the Speaker of
462	the House of Representatives, and the Auditor General no later
463	than January 1 of each year.
464	Section 6.  Paragraph (a) of subsection (1) of section
465	985.311, Florida Statutes, is amended to read:
466	985.311  Intensive residential treatment program for
467	offenders less than 13 years of age.--
468	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
469	provisions of this chapter and the establishment of appropriate
470	program guidelines and standards, contractual instruments, which
471	shall include safeguards of all constitutional rights, shall be
472	developed for intensive residential treatment programs for
473	offenders less than 13 years of age as follows:
474	(a)  The department shall provide for:
475	1.  The oversight of implementation of assessment and
476	treatment approaches.
477	2.  The identification and prequalification of appropriate
478	individuals or not-for-profit organizations, including minority
479	individuals or organizations when possible, to provide
480	assessment and treatment services to intensive offenders less
481	than 13 years of age.
482	3.  The monitoring and evaluation of assessment and
483	treatment services for compliance with the provisions of this
484	chapter and all applicable rules and guidelines pursuant
485	thereto.
486	4.  The development of an annual report on the performance
487	of assessment and treatment to be presented to the Governor, the
488	Attorney General, the President of the Senate, the Speaker of
489	the House of Representatives, the Auditor General, and the
490	Office of Program Policy Analysis and Government Accountability
491	no later than January 1 of each year.
492	Section 7.  Subsection (5) of section 985.317, Florida
493	Statutes, is amended to read:
494	985.317  Literacy programs for juvenile offenders.--
495	(5)  EVALUATION AND REPORT.--The department, in
496	consultation with the Department of Education, shall develop and
497	implement an evaluation of the literacy program in order to
498	determine the impact of the programs on recidivism. The
499	department shall submit an annual report on the implementation
500	and progress of the programs to the President of the Senate and
501	the Speaker of the House of Representatives by January 1 of each
502	year.
503	Section 8.  Section 985.412, Florida Statutes, is amended
504	to read:
505	985.412  Program review and reporting requirements Quality
506	assurance and cost-effectiveness.--
507	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
508	Legislature that the department:
509	(a)  Ensure that information be provided to decisionmakers
510	in a timely manner so that resources are allocated to programs
511	that of the department which achieve desired performance levels.
512	(b)  Collect and analyze available statistical data for the
513	purpose of ongoing evaluation of all programs.
514	(c)(b)  Provide information about the cost of such programs
515	and their differential effectiveness so that program the quality
516	may of such programs can be compared and improvements made
517	continually.
518	(d)(c)  Provide information to aid in developing related
519	policy issues and concerns.
520	(e)(d)  Provide information to the public about the
521	effectiveness of such programs in meeting established goals and
522	objectives.
523	(f)(e)  Provide a basis for a system of accountability so
524	that each youth client is afforded the best programs to meet his
525	or her needs.
526	(g)(f)  Improve service delivery to youth clients.
527	(h)(g)  Modify or eliminate activities that are not
528	effective.
529	(2)  DEFINITIONS.--As used in this section, the term:
530	(a)  "Youth" "Client" means any person who is being
531	provided treatment or services by the department or by a
532	provider under contract with the department.
533	(b)  "Program" means any facility, service, or program for
534	youth that is operated by the department or by a provider under
535	contract with the department.
536	(c)(b)  "Program component" means an aggregation of
537	generally related objectives which, because of their special
538	character, related workload, and interrelated output, can
539	logically be considered an entity for purposes of organization,
540	management, accounting, reporting, and budgeting.
541	(c)  "Program effectiveness" means the ability of the
542	program to achieve desired client outcomes, goals, and
543	objectives.
544	(d)  "Program group" means a collection of programs with
545	sufficient similarity of function, services, and youth to permit
546	appropriate comparisons among programs within the group.
547	(3)  OUTCOME EVALUATION.--The department, in consultation
548	with the Office of Economic and Demographic Research, the Office
549	of Program Policy Analysis and Government Accountability, and
550	contract service providers, shall develop and use a standard
551	methodology for annually measuring, evaluating, and reporting
552	program outputs and youth outcomes for each program and program
553	group.
554	(a)  The standard methodology must:
555	1.  Incorporate, whenever possible, performance-based
556	budgeting measures.
557	2.  Include common terminology and operational definitions
558	for measuring the performance of system and program
559	administration, program outputs, and youth outcomes.
560	3.  Specify program outputs for each program and for each
561	program group within the juvenile justice continuum.
562	4.  Specify desired youth outcomes and methods by which to
563	measure youth outcomes for each program and program group.
564	(b)  By February 15 of each year, the department shall
565	submit to the appropriate substantive and fiscal committees of
566	each house of the Legislature and the Governor a report that
567	identifies and describes:
568	1.  The standard methodology implemented under paragraph
569	(a).
570	2.  The programs offered within each program group.
571	3.  The demographic profile and offense history of youth
572	served in each program group.
573	4.  The actual program outputs and youth outcomes achieved
574	in each program group. The department shall annually collect and
575	report cost data for every program operated or contracted by the
576	department. The cost data shall conform to a format approved by
577	the department and the Legislature. Uniform cost data shall be
578	reported and collected for state-operated and contracted
579	programs so that comparisons can be made among programs. The
580	department shall ensure that there is accurate cost accounting
581	for state-operated services including market-equivalent rent and
582	other shared cost. The cost of the educational program provided
583	to a residential facility shall be reported and included in the
584	cost of a program. The department shall submit an annual cost
585	report to the President of the Senate, the Speaker of the House
586	of Representatives, the Minority Leader of each house of the
587	Legislature, the appropriate substantive and fiscal committees
588	of each house of the Legislature, and the Governor, no later
589	than December 1 of each year. Cost-benefit analysis for
590	educational programs will be developed and implemented in
591	collaboration with and in cooperation with the Department of
592	Education, local providers, and local school districts. Cost
593	data for the report shall include data collected by the
594	Department of Education for the purposes of preparing the annual
595	report required by s. 1003.52(19).
596	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
597	Juvenile Justice, in consultation with the Office of Economic
598	and Demographic Research, and contract service providers, shall
599	develop a cost-effectiveness model and apply the model to each
600	commitment program. Program recidivism rates shall be a
601	component of the model.
602	(a)  The cost-effectiveness model shall compare program
603	costs to expected and actual youth recidivism rates client
604	outcomes and program outputs. It is the intent of the
605	Legislature that continual development efforts take place to
606	improve the validity and reliability of the cost-effectiveness
607	model and to integrate the standard methodology developed under
608	s. 985.401(4) for interpreting program outcome evaluations.
609	(b)  The department shall rank commitment programs based on
610	the cost-effectiveness model and shall submit a report to the
611	appropriate substantive and fiscal committees of each house of
612	the Legislature by January 15 December 31 of each year.
613	(c)  Based on reports of the department on client outcomes
614	and program outputs and on the department's most recent cost-
615	effectiveness rankings, the department may terminate a
616	commitment program operated by the department or a provider if
617	the program has failed to achieve a minimum threshold of cost-
618	effectiveness program effectiveness. This paragraph does not
619	preclude the department from terminating a contract as provided
620	under this section or as otherwise provided by law or contract,
621	and does not limit the department's authority to enter into or
622	terminate a contract.
623	(d)  In collaboration with the Office of Economic and
624	Demographic Research, and contract service providers, the
625	department shall develop a work plan to refine the cost-
626	effectiveness model so that the model is consistent with the
627	performance-based program budgeting measures approved by the
628	Legislature to the extent the department deems appropriate. The
629	department shall notify the Office of Program Policy Analysis
630	and Government Accountability of any meetings to refine the
631	model.
632	(e)  Contingent upon specific appropriation, the
633	department, in consultation with the Office of Economic and
634	Demographic Research, and contract service providers, shall:
635	1.  Construct a profile of each commitment program that
636	uses the results of the quality assurance report required by
637	this section, the cost-effectiveness report required in this
638	subsection, and other reports available to the department.
639	2.  Target, for a more comprehensive evaluation, any
640	commitment program that has achieved consistently high, low, or
641	disparate ratings in the reports required under subparagraph 1.
642	3.  Identify the essential factors that contribute to the
643	high, low, or disparate program ratings.
644	4.  Use the results of these evaluations in developing or
645	refining juvenile justice programs or program models, youth
646	client outcomes and program outputs, provider contracts, quality
647	assurance standards, and the cost-effectiveness model.
648	(5)  QUALITY ASSURANCE.--The department shall:
649	(a)  Establish a comprehensive quality assurance system for
650	each program operated by the department or operated by a
651	provider under contract with the department. Each contract
652	entered into by the department must provide for quality
653	assurance.
654	(b)  Provide operational definitions of and criteria for
655	quality assurance for each specific program component.
656	(c)  Establish quality assurance goals and objectives for
657	each specific program component.
658	(d)  Establish the information and specific data elements
659	required for the quality assurance program.
660	(e)  Develop a quality assurance manual of specific,
661	standardized terminology and procedures to be followed by each
662	program.
663	(f)  Evaluate each program operated by the department or a
664	provider under a contract with the department and establish
665	minimum thresholds for each program component. If a provider
666	fails to meet the established minimum thresholds, such failure
667	shall cause the department to cancel the provider's contract
668	unless the provider achieves compliance with minimum thresholds
669	within 6 months or unless there are documented extenuating
670	circumstances. In addition, the department may not contract with
671	the same provider for the canceled service for a period of 12
672	months. If a department-operated program fails to meet the
673	established minimum thresholds, the department must take
674	necessary and sufficient steps to ensure and document program
675	changes to achieve compliance with the established minimum
676	thresholds. If the department-operated program fails to achieve
677	compliance with the established minimum thresholds within 6
678	months and if there are no documented extenuating circumstances,
679	the department must notify the Executive Office of the Governor
680	and the Legislature of the corrective action taken. Appropriate
681	corrective action may include, but is not limited to:
682	1.  Contracting out for the services provided in the
683	program;
684	2.  Initiating appropriate disciplinary action against all
685	employees whose conduct or performance is deemed to have
686	materially contributed to the program's failure to meet
687	established minimum thresholds;
688	3.  Redesigning the program; or
689	4.  Realigning the program.
690	(g)  The department shall Submit an annual report to the
691	President of the Senate, the Speaker of the House of
692	Representatives, the minority leader of each house of the
693	Legislature, the appropriate substantive and fiscal committees
694	of each house of the Legislature, and the Governor by, no later
695	than February 1 of each year. The annual report must contain, at
696	a minimum, for each specific program component:
697	1.  A comprehensive description of the population served.
698	by the program;
699	2.  A specific description of its the services.
700	3.  A summary of the performance of each program component
701	evaluated. provided by the program;
702	4.  Cost data that is reported in a uniform format so that
703	cost comparisons may be made among programs. For a residential
704	program, the cost data must include the cost of its educational
705	program.;
706	5.  A comparison of expenditures to federal and state
707	funding.;
708	6.  Immediate and long-range concerns.; and
709	7.  Recommendations to maintain, expand, improve, modify,
710	or eliminate each program component so that changes in services
711	lead to enhancement in program quality. The department shall
712	ensure the reliability and validity of the information contained
713	in the report.
714	(6)  The department shall collect and analyze available
715	statistical data for the purpose of ongoing evaluation of all
716	programs. The department shall provide the Legislature with
717	necessary information and reports to enable the Legislature to
718	make informed decisions regarding the effectiveness of, and any
719	needed changes in, services, programs, policies, and laws.
720	(7)  No later than November 1, 2001, the department shall
721	submit a proposal to the Legislature concerning funding
722	incentives and disincentives for the department and for
723	providers under contract with the department. The
724	recommendations for funding incentives and disincentives shall
725	be based upon both quality assurance performance and cost-
726	effectiveness performance. The proposal should strive to achieve
727	consistency in incentives and disincentives for both department-
728	operated and contractor-provided programs. The department may
729	include recommendations for the use of liquidated damages in the
730	proposal; however, the department is not presently authorized to
731	contract for liquidated damages in non-hardware-secure
732	facilities until January 1, 2002.
733	Section 9.  This act shall take effect July 1, 2006.

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