HB 0335

CS

CHAMBER ACTION

1	The Criminal Justice Appropriations Committee recommends the
2	following:
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.
7	39.01, F.S.; including specified law enforcement
8	officers in the definition of "other person
9	responsible for a child's welfare" for purposes of
10	abuse investigations; amending s. 985.207, F.S.;
11	permitting a law enforcement officer to take a child
12	into custody for a violation of adjudication order
13	conditions; amending s. 985.215, F.S.; permitting
14	specified types of postadjudication detention for a
15	child who has previously failed to appear at
16	delinquency court proceedings regardless of risk
17	assessment instrument results; providing exceptions
18	that permit postadjudication detention until the
19	child's disposition order is entered in his or her
20	case; conforming cross-references; amending s.
21	985.2155, F.S.; revising the definition of the term
22	"fiscally constrained county" for purposes of
23	determining state payment of costs of juvenile
24	detention care; amending s. 985.228, F.S.; requiring a
25	court to include specified conditions in a child's
26	order of adjudication of delinquency that apply during
27	the postadjudication and predisposition period;
28	providing a definition; permitting a court to find a
29	child in contempt of court for a violation of
30	adjudication order conditions; providing sanctions;
31	amending s. 985.231, F.S.; conforming cross-references
32	and terminology; repealing s. 985.309, F.S., relating
33	to boot camps for children; creating s. 985.3091,
34	F.S.; authorizing the department to contract for
35	sheriff's training and respect programs; providing
36	eligibility requirements for children placed in the
37	programs; specifying required program offerings;
38	specifying program participation timeframes; requiring
39	the department to adopt rules and maintain specified
40	records; providing for quarterly evaluations of and
41	contract cancellation under specified circumstances;
42	specifying staff training requirements; requiring the
43	department to adopt training rules; prohibiting the
44	provision of direct care to children by staff who have
45	not complied with training requirements; prohibiting
46	the operation of a program until department rules are
47	adopted and the department has verified program
48	compliance with applicable law and rules; authorizing
49	emergency rules to expedite implementation; amending
50	s. 985.31, F.S.; deleting a requirement for a report
51	on serious or habitual juvenile offenders; conforming
52	cross-references and terminology; amending s. 985.311,
53	F.S.; deleting a requirement for a report on intensive
54	residential treatment; conforming cross-references and
55	terminology; amending s. 985.317, F.S.; deleting a
56	requirement for a report on literacy programs for
57	juvenile offenders; creating s. 985.3142, F.S.;
58	providing that the willful failure of a child to
59	return to a residential commitment facility within the
60	time authorized for a temporary release is absconding
61	for a first offense and is a second degree misdemeanor
62	for a second or subsequent offense; providing
63	penalties; creating s. 985.4055, F.S.; providing
64	definitions; requiring the department to adopt rules
65	establishing a protective action response policy;
66	specifying when verbal and physical intervention
67	techniques may be used; specifying prohibited uses of
68	mechanical restraints; prohibiting use of aerosol and
69	chemical agents; requiring the department to adopt
70	rules establishing protection action response training
71	curriculums and certification procedures; requiring
72	department and provider employees to be certified in
73	protective action response within a specified number
74	of days; creating s. 985.4056, F.S.; creating the
75	Juvenile Justice Accountability Commission; providing
76	for membership; providing definitions; providing for
77	meetings and voting requirements; providing for an
78	executive director and staff; providing for the
79	commission's budget; providing for reimbursement of
80	per diem and travel expenses; requiring the commission
81	to contract for a comprehensive evaluation,
82	accountability, and reporting system for juvenile
83	justice programs; providing requirements for the
84	system; requiring a report by the system provider;
85	specifying commission duties; requiring a report by
86	the commission; providing for automated access to the
87	juvenile justice information system; requiring the
88	commission to adopt rules; amending s. 985.412, F.S.;
89	directing the Department of Juvenile Justice to
90	collect and analyze specified data; creating and
91	revising definitions; requiring the development of a
92	standard methodology for annually measuring,
93	evaluating, and reporting program outputs and youth
94	outcomes; requiring an annual report; specifying
95	report contents; deleting a requirement for an annual
96	cost data report; deleting a requirement for a cost-
97	benefit analysis of educational programs; revising a
98	cost-effectiveness model for commitment programs;
99	revising a cost-effectiveness report due date;
100	revising requirements for annual quality assurance
101	reporting; providing for termination of juvenile
102	justice contracts and programs in specified
103	circumstances; conforming provisions; deleting
104	obsolete provisions relating to incentive and
105	disincentive proposals and liquidated damages;
106	amending ss. 958.046 and 985.314, F.S.; conforming
107	cross-references and terminology; creating the cost of
108	supervision and care waiver pilot program in the Ninth
109	Judicial Circuit; requiring waiver of fees imposed
110	under s. 985.2311, F.S., for successful completion of
111	specified parenting classes; providing conditions
112	applicable to such waiver; providing for review of the
113	pilot program and reports by the Office of Program
114	Policy Analysis and Government Accountability;
115	requiring the Juvenile Justice Accountability
116	Commission to contract for the provision of parenting
117	classes; providing for future repeal; providing for a
118	type two transfer of powers, duties, resources, and
119	personnel relating to specified department
120	responsibilities to the Juvenile Justice
121	Accountability Commission; creating a pilot program
122	that authorizes specified courts to select commitment
123	programs for juvenile delinquents; providing
124	definitions; providing the program's purpose;
125	requiring the Department of Juvenile Justice to
126	develop implementation procedures and to publish
127	specified information about commitment programs on its
128	website; providing procedures for the selection of
129	commitment programs by courts; requiring evaluation
130	and reports by the Office of Program Policy Analysis
131	and Government Accountability; specifying department
132	and court responsibilities relating to the reports;
133	providing for future repeal of the pilot program;
134	providing effective dates.
135
136	Be It Enacted by the Legislature of the State of Florida:
137
138	Section 1.  Subsection (47) of section 39.01, Florida
139	Statutes, is amended to read:
140	39.01  Definitions.--When used in this chapter, unless the
141	context otherwise requires:
142	(47)  "Other person responsible for a child's welfare"
143	includes the child's legal guardian, legal custodian, or foster
144	parent; an employee of a private school, public or private child
145	day care center, residential home, institution, facility, or
146	agency; a law enforcement officer employed in any facility,
147	service, or program for children that is operated or contracted
148	by the Department of Juvenile Justice; or any other person
149	legally responsible for the child's welfare in a residential
150	setting; and also includes an adult sitter or relative entrusted
151	with a child's care. For the purpose of departmental
152	investigative jurisdiction, this definition does not include the
153	following persons when they are acting in an official capacity:
154	(a)  Law enforcement officers, except as otherwise provided
155	in this subsection; or
156	(b)  Employees of municipal or county detention facilities;
157	or
158	(c)  Employees of the Department of Corrections, while
159	acting in an official capacity.
160	Section 2.  Paragraph (e) is added to subsection (1) of
161	section 985.207, Florida Statutes, to read:
162	985.207  Taking a child into custody.--
163	(1)  A child may be taken into custody under the following
164	circumstances:
165	(e)  When a law enforcement officer has probable cause to
166	believe that a child who is awaiting disposition has violated
167	conditions imposed by the court under s. 985.228(5) in his or
168	her order of adjudication of delinquency.
169
170	Nothing in this subsection shall be construed to allow the
171	detention of a child who does not meet the detention criteria in
172	s. 985.215.
173	Section 3.  Subsection (2) and paragraphs (d) and (g) of
174	subsection (5) of section 985.215, Florida Statutes, are amended
175	to read:
176	985.215  Detention.--
177	(2)  Subject to the provisions of subsection (1), a child
178	taken into custody and placed into nonsecure or home detention
179	care or detained in secure detention care prior to a detention
180	hearing may continue to be detained by the court if:
181	(a)  The child is alleged to be an escapee from a
182	residential commitment program, or an absconder from a
183	nonresidential commitment program, a probation program, or
184	conditional release supervision, or is alleged to have escaped
185	while being lawfully transported to or from a residential
186	commitment program.
187	(b)  The child is wanted in another jurisdiction for an
188	offense which, if committed by an adult, would be a felony.
189	(c)  The child is charged with a delinquent act or
190	violation of law and requests in writing through legal counsel
191	to be detained for protection from an imminent physical threat
192	to his or her personal safety.
193	(d)  The child is charged with committing an offense of
194	domestic violence as defined in s. 741.28 and is detained as
195	provided in s. 985.213(2)(b)3.
196	(e)  The child is charged with possession or discharging a
197	firearm on school property in violation of s. 790.115.
198	(f)  The child is charged with a capital felony, a life
199	felony, a felony of the first degree, a felony of the second
200	degree that does not involve a violation of chapter 893, or a
201	felony of the third degree that is also a crime of violence,
202	including any such offense involving the use or possession of a
203	firearm.
204	(g)  The child is charged with any second degree or third
205	degree felony involving a violation of chapter 893 or any third
206	degree felony that is not also a crime of violence, and the
207	child:
208	1.  Has a record of failure to appear at court hearings
209	after being properly notified in accordance with the Rules of
210	Juvenile Procedure;
211	2.  Has a record of law violations prior to court hearings;
212	3.  Has already been detained or has been released and is
213	awaiting final disposition of the case;
214	4.  Has a record of violent conduct resulting in physical
215	injury to others; or
216	5.  Is found to have been in possession of a firearm.
217	(h)  The child is alleged to have violated the conditions
218	of the child's probation or conditional release supervision.
219	However, a child detained under this paragraph may be held only
220	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
221	consequence unit is not available, the child shall be placed on
222	home detention with electronic monitoring.
223	(i)  The child is detained on a judicial order for failure
224	to appear and has previously willfully failed to appear, after
225	proper notice, for an adjudicatory hearing on the same case
226	regardless of the results of the risk assessment instrument. A
227	child may be held in secure detention for up to 72 hours in
228	advance of the next scheduled court hearing pursuant to this
229	paragraph. The child's failure to keep the clerk of court and
230	defense counsel informed of a current and valid mailing address
231	where the child will receive notice to appear at court
232	proceedings does not provide an adequate ground for excusal of
233	the child's nonappearance at the hearings.
234	(j)  The child is detained on a judicial order for failure
235	to appear and has previously willfully failed to appear, after
236	proper notice, at two or more court hearings of any nature on
237	the same case regardless of the results of the risk assessment
238	instrument. A child may be held in secure detention for up to 72
239	hours in advance of the next scheduled court hearing pursuant to
240	this paragraph. The child's failure to keep the clerk of court
241	and defense counsel informed of a current and valid mailing
242	address where the child will receive notice to appear at court
243	proceedings does not provide an adequate ground for excusal of
244	the child's nonappearance at the hearings.
245	(k)  At his or her adjudicatory hearing, the child has been
246	found to have committed a delinquent act or violation of law and
247	has previously willfully failed to appear, after proper notice,
248	for other delinquency court proceedings of any nature regardless
249	of the results of the risk assessment instrument. A child may be
250	held in secure detention or, at the discretion of the court and
251	if available, placed on home detention with electronic
252	monitoring until the child's disposition order is entered in his
253	or her case. The child's failure to keep the clerk of court and
254	defense counsel informed of a current and valid mailing address
255	where the child will receive notice to appear at court
256	proceedings does not provide an adequate ground for excusal of
257	the child's nonappearance at the hearings.
258
259	A child who meets any of these criteria and who is ordered to be
260	detained pursuant to this subsection shall be given a hearing
261	within 24 hours after being taken into custody. The purpose of
262	the detention hearing is to determine the existence of probable
263	cause that the child has committed the delinquent act or
264	violation of law with which he or she is charged and the need
265	for continued detention, except where the child is alleged to
266	have absconded from a nonresidential commitment program in which
267	case the court, at the detention hearing, shall order that the
268	child be released from detention and returned to his or her
269	nonresidential commitment program. Unless a child is detained
270	under paragraph (d), or paragraph (e), or paragraph (k), the
271	court shall use the results of the risk assessment performed by
272	the juvenile probation officer and, based on the criteria in
273	this subsection, shall determine the need for continued
274	detention. A child placed into secure, nonsecure, or home
275	detention care may continue to be so detained by the court
276	pursuant to this subsection. If the court orders a placement
277	more restrictive than indicated by the results of the risk
278	assessment instrument, the court shall state, in writing, clear
279	and convincing reasons for such placement. Except as provided in
280	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
281	paragraph (10)(c), or paragraph (10)(d), when a child is placed
282	into secure or nonsecure detention care, or into a respite home
283	or other placement pursuant to a court order following a
284	hearing, the court order must include specific instructions that
285	direct the release of the child from such placement no later
286	than 5 p.m. on the last day of the detention period specified in
287	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
288	whichever is applicable, unless the requirements of such
289	applicable provision have been met or an order of continuance
290	has been granted pursuant to paragraph (5)(f).
291	(5)
292	(d)  Except as provided in paragraph (2)(k), paragraph (g),
293	or s. 985.228(5), a child may not be held in secure, nonsecure,
294	or home detention care for more than 15 days following the entry
295	of an order of adjudication.
296	(g)  Upon good cause being shown that the nature of the
297	charge requires additional time for the prosecution or defense
298	of the case, the court may extend the time limits for detention
299	specified in paragraph (c) or paragraph (d) an additional 9 days
300	if the child is charged with an offense that would be, if
301	committed by an adult, a capital felony, a life felony, a felony
302	of the first degree, or a felony of the second degree involving
303	violence against any individual.
304	Section 4.  Paragraph (b) of subsection (2) of section
305	985.2155, Florida Statutes, is amended to read:
306	985.2155  Shared county and state responsibility for
307	juvenile detention.--
308	(2)  As used in this section, the term:
309	(b)  "Fiscally constrained county" means a county
310	designated as a rural area of critical economic concern under s.
311	288.0656 for which the value of a mill in the county is no more
312	than $4 $3 million, based on the property valuations and tax
313	data annually published by the Department of Revenue under s.
314	195.052.
315	Section 5.  Subsection (5) of section 985.228, Florida
316	Statutes, is amended to read:
317	985.228  Adjudicatory hearings; withheld adjudications;
318	orders of adjudication.--
319	(5)(a)  If the court finds that the child named in a
320	petition has committed a delinquent act or violation of law, but
321	elects not to proceed under subsection (4), it shall incorporate
322	that finding in an order of adjudication of delinquency entered
323	in the case, briefly stating the facts upon which the finding is
324	made, and the court shall thereafter have full authority under
325	this chapter to deal with the child as adjudicated.
326	(b)  The order of adjudication of delinquency under
327	paragraph (a) shall also include conditions that must be
328	followed by the child until a disposition order is entered in
329	his or her case. These conditions must include, but are not
330	limited to, specifying that the child, during any period of time
331	that he or she:
332	1.  Is not in secure detention, must comply with a curfew;
333	must attend school or another educational program, if eligible;
334	and is prohibited from engaging in ungovernable behavior.
335	2.  Is in secure detention, is prohibited from engaging in
336	ungovernable behavior.
337	(c)  For purposes of this subsection, the term
338	"ungovernable behavior" means:
339	1.  The child's failing to obey the reasonable and lawful
340	demands of the child's parent or legal guardian and, where
341	applicable, the reasonable and lawful demands of a person
342	responsible for supervising the child while he or she is in
343	school, another educational program, or secure detention.
344	2.  The child engaging in behavior that evidences a risk
345	that the child may fail to appear for future court proceedings
346	or may inflict harm upon others or the property of others.
347	3.  Other behavior of the child as specified in writing by
348	the court in the order of adjudication of delinquency.
349	(d)  If a child willfully violates a condition contained in
350	his or her order of adjudication of delinquency, the court may
351	find the child in direct or indirect contempt of court under s.
352	985.216; however, notwithstanding s. 985.216 and the results of
353	the risk assessment instrument, the child's sanctions for such
354	contempt of court shall be placement in secure detention or, at
355	the discretion of the court and if available, on home detention
356	with electronic monitoring until the child's disposition order
357	is entered in his or her case.
358	Section 6.  Paragraph (j) of subsection (1) of section
359	985.231, Florida Statutes, is amended to read:
360	985.231  Powers of disposition in delinquency cases.--
361	(1)
362	(j)  If the offense committed by the child was grand theft
363	of a motor vehicle, the court:
364	1.  Upon a first adjudication for a grand theft of a motor
365	vehicle, may place the child youth in a sheriff's training and
366	respect program boot camp, unless the child is ineligible under
367	s. 985.3091 pursuant to s. 985.309, and shall order the child
368	youth to complete a minimum of 50 hours of community service.
369	2.  Upon a second adjudication for grand theft of a motor
370	vehicle which is separate and unrelated to the previous
371	adjudication, may place the child youth in a sheriff's training
372	and respect program boot camp, unless the child is ineligible
373	under s. 985.3091 pursuant to s. 985.309, and shall order the
374	child youth to complete a minimum of 100 hours of community
375	service.
376	3.  Upon a third adjudication for grand theft of a motor
377	vehicle which is separate and unrelated to the previous
378	adjudications, shall place the child youth in a sheriff's
379	training and respect program boot camp or other treatment
380	program, unless the child is ineligible under s. 985.3091
381	pursuant to s. 985.309, and shall order the child youth to
382	complete a minimum of 250 hours of community service.
383	Section 7.  Section 985.309, Florida Statutes, is repealed.
384	Section 8.  Section 985.3091, Florida Statutes, is created
385	to read:
386	985.3091  Sheriff's training and respect programs.--
387	(1)  Contingent upon specific appropriation, local funding,
388	or specific appropriation and local funding, a county sheriff
389	may, under contract with the department, implement and operate a
390	sheriff's training and respect program to provide intensive
391	education, physical training, and rehabilitation for children
392	who are eligible under subsection (2). A sheriff's training and
393	respect program shall be under the sheriff's supervisory
394	authority as determined by the contract between the department
395	and the sheriff.
396	(2)  A child is eligible for placement in a sheriff's
397	training and respect program if he or she:
398	(a)  Is at least 14 years of age but less than 18 years of
399	age at the time of adjudication.
400	(b)  Has been committed to the department for any offense
401	that, if committed by an adult, would be a felony other than a
402	capital felony, a life felony, or a violent felony of the first
403	degree.
404	(c)  Has a medical, psychological, and substance abuse
405	profile that is conducive to successful completion of the
406	program, as determined by the sheriff's and department's review
407	of preadmission medical, psychological, and substance abuse
408	screenings conducted by the department.
409	(d)  Will be placed in the judicial circuit in which the
410	child was adjudicated, except that the child may be placed
411	outside of that judicial circuit if:
412	1.  The department, or the court if otherwise authorized by
413	law to select a commitment program within a restrictiveness
414	level for a child, determines that placement within the judicial
415	circuit would not be in the child's best interest or the
416	sheriff's training and respect program is unable to accept the
417	child; and
418	2.  The child's parent or guardian agrees in writing to the
419	placement.
420	(3)  A sheriff's training and respect program shall require
421	children to:
422	(a)  Participate in physical training exercises.
423	(b)  Complete educational, vocational, community service,
424	and substance abuse programs.
425	(c)  Receive training in life and job skills and in
426	techniques for appropriate decisionmaking.
427	(d)  Receive counseling that is directed at replacing
428	criminal thinking, beliefs, and values with moral thinking,
429	beliefs, and values.
430	(4)  A sheriff's training and respect program shall be a
431	moderate-risk residential program and must provide conditional
432	release assessment and services in accordance with s. 985.316.
433	The minimum period of participation in the residential component
434	of a sheriff's training and respect program is 4 months;
435	however, this subsection does not prohibit operation of a
436	program that requires the participants to spend more than 4
437	months in the residential component of the program or that
438	requires the participants to complete two sequential programs of
439	4 months each in the residential component of the program.
440	(5)  The department shall adopt rules under ss. 120.536(1)
441	and 120.54 for the sheriff's training and respect program that
442	specify:
443	(a)  Requirements for the preadmission medical,
444	psychological, and substance abuse screenings required by
445	subsection (2).
446	(b)  Authorized disciplinary sanctions and restrictions on
447	the privileges of the general population of children in the
448	program. The rules must prohibit the use of physical force or
449	restraint except as authorized in rules adopted pursuant to s.
450	985.4055 and must specifically preclude the use of physical
451	force or restraint as a disciplinary sanction or to encourage
452	compliance with program requirements.
453	(c)  Prohibitions on the use of psychological intimidation
454	techniques, unless necessary for the safety of youth or other
455	persons or to maintain security.
456	(d)  Requirements for provision of notice by the program to
457	the department and for the removal of a child from the program
458	if the child becomes unmanageable or ineligible for the program
459	due to changes in his or her medical, psychological, or
460	substance abuse profile.
461	(e)  Requirements for the prominent display of the
462	telephone number of the statewide abuse registry and for
463	immediate access by children in the program, upon request, to a
464	telephone for the purpose of contacting the abuse registry.
465	(6)(a)  Evaluations under s. 985.412(5) of each sheriff's
466	training and respect program shall be conducted quarterly during
467	the first year of the program's operation. Thereafter, if the
468	program has met the minimum thresholds for the evaluation, the
469	program shall be evaluated annually. If a sheriff's training and
470	respect program fails to meet the minimum thresholds, the
471	department shall cancel the contract for the program:
472	1.  Immediately if the program has a deficiency in a
473	critical life safety aspect of its operations, as defined in
474	department rule, or has failed to train and certify its
475	employees as required in s. 985.4055.
476	2.  If the program fails to achieve compliance with the
477	minimum thresholds for program continuation within 3 months,
478	unless there are documented extenuating circumstances as defined
479	in department rule.
480	(b)  Upon cancellation of a contract under paragraph (a),
481	the program's operations shall immediately cease and the
482	department shall immediately discontinue any state payments to
483	the program.
484	(7)  The department shall keep records and monitor criminal
485	activity, educational progress, and employment placement of all
486	sheriff's training and respect program participants after their
487	release from the program. The department must annually publish
488	an outcome evaluation study of each sheriff's training and
489	respect program.
490	(8)(a)  The department shall adopt rules under ss.
491	120.536(1) and 120.54 that establish training requirements for
492	staff in a sheriff's training and respect program. These
493	requirements shall, at a minimum, require administrative staff
494	to successfully complete 120 contact hours of department-
495	approved training and staff who provide direct care, as defined
496	in s. 985.4055, to successfully complete 200 contact hours of
497	department-approved training.
498	(b)  Department-approved training must include, but is not
499	limited to, training on:
500	1.  State and federal laws relating to child abuse.
501	2.  Authorized disciplinary sanctions, privilege
502	restrictions, and limitations on use of physical force and
503	restraint techniques under paragraph (5)(b) and prohibited
504	psychological intimidation techniques under paragraph (5)(c).
505	3.  Appropriate counseling techniques and aggression
506	control methods.
507	4.  Appropriate methods for dealing with children who have
508	been placed in programs that emphasize physical fitness and
509	personal discipline, including training on the identification
510	of, and appropriate responses to, children who are experiencing
511	physical or mental distress.
512	5.  Cardiopulmonary resuscitation, choke-relief, and other
513	emergency medical procedures.
514	(c)  All department-approved training courses under this
515	subsection must be taught by persons who are certified as
516	instructors by the Division of Criminal Justice Standards and
517	Training of the Department of Law Enforcement and who have prior
518	experience in a juvenile program. A training course in
519	counseling techniques need not be taught by a certified
520	instructor but must be taught by a person who has at least a
521	bachelor's degree in social work, counseling, psychology, or a
522	related field.
523	(d)  A person may not provide direct care, as defined in s.
524	985.4055, to a child in a sheriff's training and respect program
525	unless he or she has successfully completed the training
526	requirements under this subsection and has complied with the
527	requirements for employees under s. 985.4055(2)(b)-(d).
528	(9)  Children shall not be admitted to a sheriff's training
529	and respect program until the department has adopted the rules
530	required by this section and has verified that each program is
531	in compliance with all laws and rules applicable to the program.
532	The department may adopt emergency rules pursuant to s.
533	120.54(4) if necessary to allow operation of sheriff's training
534	and respect programs beginning July 1, 2006.
535	Section 9.  Paragraph (a) of subsection (1) and paragraph
536	(i) of subsection (3) of section 985.31, Florida Statutes, are
537	amended to read:
538	985.31  Serious or habitual juvenile offender.--
539	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
540	provisions of this chapter and the establishment of appropriate
541	program guidelines and standards, contractual instruments, which
542	shall include safeguards of all constitutional rights, shall be
543	developed as follows:
544	(a)  The department shall provide for:
545	1.  The oversight of implementation of assessment and
546	treatment approaches.
547	2.  The identification and prequalification of appropriate
548	individuals or not-for-profit organizations, including minority
549	individuals or organizations when possible, to provide
550	assessment and treatment services to serious or habitual
551	delinquent children.
552	3.  The monitoring and evaluation of assessment and
553	treatment services for compliance with the provisions of this
554	chapter and all applicable rules and guidelines pursuant
555	thereto.
556	4.  The development of an annual report on the performance
557	of assessment and treatment to be presented to the Governor, the
558	Attorney General, the President of the Senate, the Speaker of
559	the House of Representatives, and the Auditor General no later
560	than January 1 of each year.
561	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
562	TREATMENT.--
563	(i)  The treatment and placement recommendations shall be
564	submitted to the court for further action pursuant to this
565	paragraph:
566	1.  If it is recommended that placement in a serious or
567	habitual juvenile offender program or facility is inappropriate,
568	the court shall make an alternative disposition pursuant to s.
569	985.3091 985.309 or other alternative sentencing as applicable,
570	using utilizing the recommendation as a guide.
571	2.  If it is recommended that placement in a serious or
572	habitual juvenile offender program or facility is appropriate,
573	the court may commit the child to the department for placement
574	in the restrictiveness level designated for serious or habitual
575	delinquent children programs.
576	Section 10.  Paragraph (a) of subsection (1) and paragraph
577	(i) of subsection (3) of section 985.311, Florida Statutes, are
578	amended to read:
579	985.311  Intensive residential treatment program for
580	offenders less than 13 years of age.--
581	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
582	provisions of this chapter and the establishment of appropriate
583	program guidelines and standards, contractual instruments, which
584	shall include safeguards of all constitutional rights, shall be
585	developed for intensive residential treatment programs for
586	offenders less than 13 years of age as follows:
587	(a)  The department shall provide for:
588	1.  The oversight of implementation of assessment and
589	treatment approaches.
590	2.  The identification and prequalification of appropriate
591	individuals or not-for-profit organizations, including minority
592	individuals or organizations when possible, to provide
593	assessment and treatment services to intensive offenders less
594	than 13 years of age.
595	3.  The monitoring and evaluation of assessment and
596	treatment services for compliance with the provisions of this
597	chapter and all applicable rules and guidelines pursuant
598	thereto.
599	4.  The development of an annual report on the performance
600	of assessment and treatment to be presented to the Governor, the
601	Attorney General, the President of the Senate, the Speaker of
602	the House of Representatives, the Auditor General, and the
603	Office of Program Policy Analysis and Government Accountability
604	no later than January 1 of each year.
605	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
606	TREATMENT.--
607	(i)  The treatment and placement recommendations shall be
608	submitted to the court for further action pursuant to this
609	paragraph:
610	1.  If it is recommended that placement in an intensive
611	residential treatment program for offenders less than 13 years
612	of age is inappropriate, the court shall make an alternative
613	disposition pursuant to s. 985.3091 985.309 or other alternative
614	sentencing as applicable, using utilizing the recommendation as
615	a guide.
616	2.  If it is recommended that placement in an intensive
617	residential treatment program for offenders less than 13 years
618	of age is appropriate, the court may commit the child to the
619	department for placement in the restrictiveness level designated
620	for intensive residential treatment program for offenders less
621	than 13 years of age.
622	Section 11.  Subsection (5) of section 985.317, Florida
623	Statutes, is amended to read:
624	985.317  Literacy programs for juvenile offenders.--
625	(5)  EVALUATION AND REPORT.--The department, in
626	consultation with the Department of Education, shall develop and
627	implement an evaluation of the literacy program in order to
628	determine the impact of the programs on recidivism. The
629	department shall submit an annual report on the implementation
630	and progress of the programs to the President of the Senate and
631	the Speaker of the House of Representatives by January 1 of each
632	year.
633	Section 12.  Section 985.3142, Florida Statutes, is created
634	to read:
635	985.3142  Failure to return from a temporary release.--The
636	willful failure of a child to return to a residential commitment
637	facility described in s. 985.03(46) within the time authorized
638	for a temporary release shall:
639	(1)  For a first offense, constitute absconding and such
640	offense shall be treated in the same manner as absconding from a
641	nonresidential commitment facility under this chapter, except
642	that under s. 985.215(2) the court shall order that the child be
643	returned to his or her residential commitment facility at the
644	child's detention hearing.
645	(2)  For a second or subsequent offense, constitute a
646	misdemeanor of the second degree, punishable as provided in s.
647	775.082 or s. 775.083.
648	Section 13.  Section 985.4055, Florida Statutes, is created
649	to read:
650	985.4055  Protective action response.--
651	(1)  For purposes of this section, the term:
652	(a)  "Direct care" means the care, supervision, custody, or
653	control of youth in any facility, service, or program that is
654	operated by the department or by a provider under contract with
655	the department.
656	(b)  "Employee" means any person who exercises direct care.
657	(c)  "Protective action response policy" means the policy
658	governing the use of verbal and physical intervention
659	techniques, mechanical restraints, and aerosol and chemical
660	agents by employees.
661	(2)  The department shall adopt rules under ss. 120.536(1)
662	and 120.54 that:
663	(a)  Establish a protective action response policy that:
664	1.  Defines the authorized level of response by an employee
665	to each level of verbal or physical resistance by a youth.
666	2.  Requires the use of verbal intervention techniques as
667	the initial response by an employee to verbal or physical
668	resistance by a youth, except where physical intervention
669	techniques are necessary to prevent:
670	a.  Physical harm to the youth, employee, or another
671	person;
672	b.  Property damage; or
673	c.  The youth from escaping or absconding from lawful
674	supervision.
675	3.  Defines authorized physical intervention techniques and
676	the situations under which employees may use these techniques
677	for youth. Pain compliance techniques and use of less than
678	lethal force shall be prohibited, except where necessary to
679	prevent:
680	a.  Physical harm to the youth, an employee, or another
681	person;
682	b.  Property damage; or
683	c.  The youth from escaping or absconding from lawful
684	supervision.
685
686	Lethal force shall be prohibited, except where necessary to
687	protect the employee or another person from an imminent threat
688	of great bodily harm or death. Prior authorization by an
689	employee's supervisor for the use of physical intervention
690	techniques shall be obtained when practical.
691	4.  Defines authorized use of mechanical restraints and the
692	situations under which employees may use such restraints on
693	youth. Prohibited uses of mechanical restraints shall include
694	the use of neck restraints and the securing of a youth to a
695	fixed object. Supervision requirements for youth who are secured
696	in mechanical restraints shall include constant and direct
697	visual monitoring by an employee for purposes of insuring youth
698	safety and ascertaining indications by the youth that restraints
699	are no longer necessary. Prior authorization by an employee's
700	supervisor for the use of mechanical restraints shall be
701	obtained when practical.
702	5.  Prohibits employee use of aerosol or chemical agents,
703	including, but not limited to, oleoresin capsicum spray and
704	ammonia capsules, on a youth unless required for medical
705	treatment of the youth by a licensed medical professional.
706	(b)  Establish training curriculums for protective action
707	response certification of employees and instructors. The
708	training curriculum for employee certification shall, at a
709	minimum, require the employee to:
710	1.  Complete 40 hours of instruction on the protective
711	action response policy.
712	2.  Obtain a passing score:
713	a.  On a written examination that tests the employee's
714	knowledge and understanding of the protective action response
715	policy.
716	b.  During an evaluation by an instructor of the employee's
717	physically demonstrated ability to implement the protective
718	action response policy.
719	(c)  Require training curriculums for protective action
720	response certification of employees to be taught by instructors
721	who have been certified under the training curriculum for
722	protective action response certification of instructors.
723	(d)  Require each employee to have:
724	1.  Completed the instruction required under subparagraph
725	(b)1. within 90 days.
726	2.  Received his or her protective action response
727	certification within 90 days.
728	3.  Direct supervision during the 90-day period prior to
729	completing the instruction and certification requirements under
730	subparagraphs 1. and 2. by an employee with the training and
731	certification required by subparagraphs 1. and 2.
732	Section 14.  Section 985.4056, Florida Statutes, is created
733	to read:
734	985.4056  Juvenile Justice Accountability Commission.--
735	(1)  CREATION; MEMBERSHIP.--
736	(a)  The Juvenile Justice Accountability Commission is
737	created and administratively housed within the department. The
738	commission shall be composed of seven members appointed by the
739	Governor. Each member of the commission must have direct
740	experience in juvenile justice issues and must be a citizen of
741	and registered voter in this state. The composition of the
742	commission must equitably represent all geographic areas of the
743	state and include minorities and women.
744	(b)  Within the 2-year period preceding his or her
745	appointment, a member of the commission may not have been, and
746	during the 2-year period following termination of his or her
747	appointment, a member of the commission may not be:
748	1.  An employee of, a consultant to, or a provider under
749	contract with the department.
750	2.  A contractor, or an employee or a consultant thereof,
751	who submits a bid, proposal, or reply in response to a
752	competitive solicitation issued by the commission.
753	(c)  Each member of the commission shall serve a term of 4
754	years; however, for the purpose of providing staggered terms, of
755	the initial appointments, three members shall serve 2-year terms
756	and four members shall serve 4-year terms. Any vacancy on the
757	commission shall be filled in the same manner as the original
758	appointment within 60 days after the date upon which the vacancy
759	occurred, and any member appointed to fill a vacancy shall serve
760	only for the unexpired term of the member's predecessor. The
761	chair of the commission shall be selected by the members for a
762	term of 1 year.
763	(d)  In addition to the membership specified under this
764	subsection, the commission shall invite ex officio, nonvoting
765	associates to attend and participate in commission meetings and
766	to provide advice to the commission. The ex officio associates
767	shall include, but are not limited to:
768	1.  A member of the House of Representatives designated by
769	the Speaker of the House.
770	2.  A member of the Senate designated by the President of
771	the Senate.
772	3.  An employee of the Executive Office of the Governor
773	designated by the Governor.
774	4.  An employee of the department.
775	5.  A circuit court judge with at least 1 year's experience
776	in the juvenile delinquency division.
777	6.  A sheriff.
778	7.  A provider under contract with the department for the
779	provision of one or more juvenile justice programs.
780	8.  A member of a juvenile justice advocacy organization.
781	9.  An employee of the Department of Law Enforcement who is
782	responsible for data compilation and research.
783	10.  A state university employee responsible for juvenile
784	justice research.
785	(2)  DEFINITIONS.--For purposes of this section, the term:
786	(a)  "Juvenile justice program" means any facility,
787	service, or program that is operated by the department or by a
788	provider under contract with the department.
789	(b)  "Minorities" means a member of a socially or
790	economically disadvantaged group and includes African Americans,
791	Hispanics, and American Indians.
792	(3)  MEETINGS.--
793	(a)  The commission shall hold a minimum of four regular
794	meetings annually, and other meetings may be called by the chair
795	upon giving at least 7 days' notice to all members and the
796	public pursuant to chapter 120. Meetings may also be held upon
797	the written request of at least four members, upon at least 7
798	days' notice of such meeting being given to all members and the
799	public by the chair pursuant to chapter 120. Emergency meetings
800	may be held without notice upon the request of all members. The
801	meetings of the commission shall be held in the central office
802	of the department in Tallahassee unless the chair determines
803	that special circumstances warrant meeting at another location.
804	(b)  A majority of the membership of the commission
805	constitutes a quorum, and a quorum is required for any meeting
806	of the commission during which action will be voted upon. An
807	action of the commission is not binding unless the action is
808	taken pursuant to an affirmative vote of a majority of the
809	members present, and the vote must be recorded in the minutes of
810	the meeting.
811	(c)  A member of the commission may not authorize a
812	designee to attend a meeting of the commission in his or her
813	place. A member who fails to attend two consecutive regularly
814	scheduled meetings of the commission, unless the member is
815	excused by the chair, shall be deemed to have abandoned the
816	position and the position shall be declared vacant by the
817	commission.
818	(d)  The chair shall cause to be made a complete record of
819	the proceedings of the commission, which record shall be open
820	for public inspection.
821	(4)  ORGANIZATION.--
822	(a)  The commission, subject to appropriation, may employ
823	an executive director and other staff, and may retain
824	consultants, as necessary.
825	(b)  The commission shall be a separate budget entity, and
826	the executive director shall be the chief administrative
827	officer. The department shall provide administrative support and
828	service to the commission to the extent requested by the
829	executive director. The commission and its staff are not subject
830	to the control, supervision, or direction of the department.
831	(c)  The commission shall develop a budget pursuant to
832	chapter 216. The budget is not subject to change by the
833	department and shall be submitted to the Governor and
834	Legislature as provided in s. 216.023.
835	(d)  Members of the commission and ex officio associates
836	shall serve without compensation, but are entitled to
837	reimbursement for per diem and travel expenses under s. 112.061.
838	(5)  DUTIES.--The commission shall:
839	(a)  On or before October 1, 2006 and, subject to
840	appropriation, enter into a contract under chapter 287 for the
841	development of a comprehensive evaluation, accountability, and
842	reporting system for each juvenile justice program individually
843	and for each category of the juvenile justice continuum for the
844	purpose of informing service providers and policy makers of the
845	effectiveness of individual providers and of the various
846	approaches to providing services. The contract must require the
847	provider to deliver the following on or before January 15, 2007:
848	1.  A standardized evaluation protocol based upon best
849	practices for each juvenile justice program that:
850	a.  Includes minimum thresholds for program continuation
851	and that identifies program effectiveness and areas in need of
852	expansion, improvement, modification, or elimination.
853	b.  Provides criteria for program termination based upon
854	evaluation results.
855	c.  Requires continual review of best practices literature
856	and updates to the standardized evaluation protocol based upon
857	that review.
858	d.  Requires an annual report to the executive and
859	legislative branches, which sets forth for each juvenile justice
860	program:
861	(I)  A comprehensive description of the population served
862	by the program.
863	(II)  A specific description of the services provided by
864	the program.
865	(III)  Program cost.
866	(IV)  A comparison of expenditures to federal and state
867	funding.
868	(V)  Immediate and long-range program concerns.
869	(VI)  Recommendations to maintain, expand, improve, modify,
870	or eliminate the program.
871	2.  A process for the collection, analysis, and reporting
872	of statistical data that will enable continuous evaluation of
873	the juvenile justice system as a whole and will provide the
874	Legislature, Governor, and the department with necessary and
875	useful information and reports to make informed decisions
876	regarding the effectiveness of, and any needed changes in,
877	juvenile justice programming, policies, and laws.
878	(b)  On or before February 15, 2007, submit a report to the
879	appropriate substantive and fiscal committees of the
880	Legislature, the Governor, and the secretary of the department
881	that:
882	1.  Provides a detailed summary of, and an implementation
883	schedule for, the comprehensive evaluation, accountability, and
884	reporting system developed by the provider under paragraph (a).
885	2.  Sets forth recommendations by the commission for:
886	a.  Modifications to the provider-developed system if found
887	warranted by the commission.
888	b.  Statutory amendments and department rule and policy
889	changes that will be required to implement the provider-
890	developed system.
891	c.  Funding requirements for implementation of the
892	provider-developed system.
893	d.  Whether the provider-developed system should be
894	implemented by employees of the commission or by a provider
895	under contract with the commission.
896	(c)  Monitor the development and implementation of long-
897	range juvenile justice program policies, including prevention,
898	early intervention, diversion, adjudication, and commitment.
899	(d)  Review and recommend programmatic and fiscal policies
900	governing the operation of juvenile justice programs.
901	(e)  Serve as a clearinghouse, in coordination with the
902	department, to provide information and assistance to the
903	juvenile justice circuit boards and juvenile justice county
904	councils.
905	(f)  Advise the President of the Senate, the Speaker of the
906	House of Representatives, the Governor, and the department on
907	matters relating to this chapter.
908	(g)  Conduct such other activities as the commission may
909	determine are necessary and appropriate to monitor the
910	effectiveness of the delivery of juvenile justice under this
911	chapter.
912	(h)  Submit an annual report to the Governor, the
913	appropriate substantive and fiscal committees of the
914	Legislature, and the secretary of the department no later than
915	January 1st of each year that summarizes the meetings and
916	activities of the commission during the preceding year and
917	includes any recommendations of the commission for the following
918	year.
919	(6)  INFORMATION SYSTEM ACCESS.--The department shall
920	provide the commission with automated access to the juvenile
921	justice information system under s. 20.316(4).
922	(7)  RULEMAKING.--The commission shall adopt rules pursuant
923	to ss. 120.536(1) and 120.54 to implement the provisions of this
924	section.
925	Section 15.  Section 985.412, Florida Statutes, is amended
926	to read:
927	985.412  Program review and reporting requirements Quality
928	assurance and cost-effectiveness.--
929	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
930	Legislature that the department:
931	(a)  Ensure that information be provided to decisionmakers
932	in a timely manner so that resources are allocated to programs
933	that of the department which achieve desired performance levels.
934	(b)  Collect and analyze available statistical data for the
935	purpose of ongoing evaluation of all programs.
936	(c)(b)  Provide information about the cost of such programs
937	and their differential effectiveness so that program the quality
938	may of such programs can be compared and improvements made
939	continually.
940	(d)(c)  Provide information to aid in developing related
941	policy issues and concerns.
942	(e)(d)  Provide information to the public about the
943	effectiveness of such programs in meeting established goals and
944	objectives.
945	(f)(e)  Provide a basis for a system of accountability so
946	that each youth client is afforded the best programs to meet his
947	or her needs.
948	(g)(f)  Improve service delivery to youth clients.
949	(h)(g)  Modify or eliminate activities that are not
950	effective.
951	(2)  DEFINITIONS.--As used in this section, the term:
952	(a)  "Youth" "Client" means any person who is being
953	provided treatment or services by the department or by a
954	provider under contract with the department.
955	(b)  "Program" means any facility, service, or program for
956	youth that is operated by the department or by a provider under
957	contract with the department.
958	(c)(b)  "Program component" means an aggregation of
959	generally related objectives which, because of their special
960	character, related workload, and interrelated output, can
961	logically be considered an entity for purposes of organization,
962	management, accounting, reporting, and budgeting.
963	(c)  "Program effectiveness" means the ability of the
964	program to achieve desired client outcomes, goals, and
965	objectives.
966	(d)  "Program group" means a collection of programs with
967	sufficient similarity of function, services, and youth to permit
968	appropriate comparisons among programs within the group.
969	(3)  OUTCOME EVALUATION.--The department, in consultation
970	with the Office of Economic and Demographic Research, the Office
971	of Program Policy Analysis and Government Accountability, and
972	contract service providers, shall develop and use a standard
973	methodology for annually measuring, evaluating, and reporting
974	program outputs and youth outcomes for each program and program
975	group.
976	(a)  The standard methodology must:
977	1.  Incorporate, whenever possible, performance-based
978	budgeting measures.
979	2.  Include common terminology and operational definitions
980	for measuring the performance of system and program
981	administration, program outputs, and youth outcomes.
982	3.  Specify program outputs for each program and for each
983	program group within the juvenile justice continuum.
984	4.  Specify desired youth outcomes and methods by which to
985	measure youth outcomes for each program and program group.
986	(b)  By February 15 of each year, the department shall
987	submit to the appropriate substantive and fiscal committees of
988	each house of the Legislature and the Governor a report that
989	identifies and describes:
990	1.  The standard methodology implemented under paragraph
991	(a).
992	2.  The programs offered within each program group.
993	3.  The demographic profile and offense history of youth
994	served in each program group.
995	4.  The actual program outputs and youth outcomes achieved
996	in each program group. The department shall annually collect and
997	report cost data for every program operated or contracted by the
998	department. The cost data shall conform to a format approved by
999	the department and the Legislature. Uniform cost data shall be
1000	reported and collected for state-operated and contracted
1001	programs so that comparisons can be made among programs. The
1002	department shall ensure that there is accurate cost accounting
1003	for state-operated services including market-equivalent rent and
1004	other shared cost. The cost of the educational program provided
1005	to a residential facility shall be reported and included in the
1006	cost of a program. The department shall submit an annual cost
1007	report to the President of the Senate, the Speaker of the House
1008	of Representatives, the Minority Leader of each house of the
1009	Legislature, the appropriate substantive and fiscal committees
1010	of each house of the Legislature, and the Governor, no later
1011	than December 1 of each year. Cost-benefit analysis for
1012	educational programs will be developed and implemented in
1013	collaboration with and in cooperation with the Department of
1014	Education, local providers, and local school districts. Cost
1015	data for the report shall include data collected by the
1016	Department of Education for the purposes of preparing the annual
1017	report required by s. 1003.52(19).
1018	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
1019	Juvenile Justice, in consultation with the Office of Economic
1020	and Demographic Research, and contract service providers, shall
1021	develop a cost-effectiveness model and apply the model to each
1022	commitment program. Program recidivism rates shall be a
1023	component of the model.
1024	(a)  The cost-effectiveness model shall compare program
1025	costs to expected and actual youth recidivism rates client
1026	outcomes and program outputs. It is the intent of the
1027	Legislature that continual development efforts take place to
1028	improve the validity and reliability of the cost-effectiveness
1029	model and to integrate the standard methodology developed under
1030	s. 985.401(4) for interpreting program outcome evaluations.
1031	(b)  The department shall rank commitment programs based on
1032	the cost-effectiveness model and shall submit a report to the
1033	appropriate substantive and fiscal committees of each house of
1034	the Legislature by January 15 December 31 of each year.
1035	(c)  Based on reports of the department on client outcomes
1036	and program outputs and on the department's most recent cost-
1037	effectiveness rankings, the department may terminate a
1038	commitment program operated by the department or a provider if
1039	the program has failed to achieve a minimum threshold of cost-
1040	effectiveness program effectiveness. This paragraph does not
1041	preclude the department from terminating a contract as provided
1042	under this section or as otherwise provided by law or contract,
1043	and does not limit the department's authority to enter into or
1044	terminate a contract.
1045	(d)  In collaboration with the Office of Economic and
1046	Demographic Research, and contract service providers, the
1047	department shall develop a work plan to refine the cost-
1048	effectiveness model so that the model is consistent with the
1049	performance-based program budgeting measures approved by the
1050	Legislature to the extent the department deems appropriate. The
1051	department shall notify the Office of Program Policy Analysis
1052	and Government Accountability of any meetings to refine the
1053	model.
1054	(e)  Contingent upon specific appropriation, the
1055	department, in consultation with the Office of Economic and
1056	Demographic Research, and contract service providers, shall:
1057	1.  Construct a profile of each commitment program that
1058	uses the results of the quality assurance report required by
1059	this section, the cost-effectiveness report required in this
1060	subsection, and other reports available to the department.
1061	2.  Target, for a more comprehensive evaluation, any
1062	commitment program that has achieved consistently high, low, or
1063	disparate ratings in the reports required under subparagraph 1.
1064	3.  Identify the essential factors that contribute to the
1065	high, low, or disparate program ratings.
1066	4.  Use the results of these evaluations in developing or
1067	refining juvenile justice programs or program models, youth
1068	client outcomes and program outputs, provider contracts, quality
1069	assurance standards, and the cost-effectiveness model.
1070	(5)  QUALITY ASSURANCE.--The department shall:
1071	(a)  Establish a comprehensive quality assurance system for
1072	each program operated by the department or operated by a
1073	provider under contract with the department. Each contract
1074	entered into by the department must provide for quality
1075	assurance.
1076	(b)  Provide operational definitions of and criteria for
1077	quality assurance for each specific program component.
1078	(c)  Establish quality assurance goals and objectives for
1079	each specific program component.
1080	(d)  Establish the information and specific data elements
1081	required for the quality assurance program.
1082	(e)  Develop a quality assurance manual of specific,
1083	standardized terminology and procedures to be followed by each
1084	program.
1085	(f)  Evaluate each program operated by the department or a
1086	provider under a contract with the department and establish
1087	minimum thresholds for each program component.
1088	1.  If a provider fails to meet the established minimum
1089	thresholds, such failure shall cause the department to cancel
1090	the provider's contract:
1091	a.  Immediately if the provider has a deficiency in a
1092	critical life safety aspect of its operations, as defined in
1093	department rule, or has failed to train and certify its
1094	employees as required in s. 985.4055.
1095	b.  If unless the provider fails to achieve achieves
1096	compliance with minimum thresholds within 6 months, except as
1097	provided in s. 985.3091(6)(a), or unless there are documented
1098	extenuating circumstances as defined in department rule.
1099
1100	If a provider's contract is canceled under subparagraph 1., the
1101	provider's operations shall immediately cease, the department
1102	shall immediately discontinue any state payments to the
1103	provider, and the provider shall be ineligible to contract with
1104	the department In addition, the department may not contract with
1105	the same provider for the canceled service for a period of 12
1106	months.
1107	2.  If a department-operated program fails to meet the
1108	established minimum thresholds, the program's operations shall
1109	be:
1110	a.  Immediately terminated if the program has a deficiency
1111	in a critical life safety aspect of its operations, as defined
1112	in department rule, or if the department has failed to train and
1113	certify program employees as required in s. 985.4055.
1114	b.  Terminated if the department fails to achieve
1115	compliance with the minimum thresholds for program continuation
1116	within 6 months, unless there are documented extenuating
1117	circumstances as defined in department rule. the department must
1118	take necessary and sufficient steps to ensure and document
1119	program changes to achieve compliance with the established
1120	minimum thresholds. If the department-operated program fails to
1121	achieve compliance with the established minimum thresholds
1122	within 6 months and if there are no documented extenuating
1123	circumstances, the department must notify the Executive Office
1124	of the Governor and the Legislature of the corrective action
1125	taken. Appropriate corrective action may include, but is not
1126	limited to:
1127	1.  Contracting out for the services provided in the
1128	program;
1129	2.  Initiating appropriate disciplinary action against all
1130	employees whose conduct or performance is deemed to have
1131	materially contributed to the program's failure to meet
1132	established minimum thresholds;
1133	3.  Redesigning the program; or
1134	4.  Realigning the program.
1135	(g)  The department shall Submit an annual report to the
1136	President of the Senate, the Speaker of the House of
1137	Representatives, the minority leader of each house of the
1138	Legislature, the appropriate substantive and fiscal committees
1139	of each house of the Legislature, and the Governor by, no later
1140	than February 1 of each year. The annual report must contain, at
1141	a minimum, for each specific program component:
1142	1.  A comprehensive description of the population served.
1143	by the program;
1144	2.  A specific description of its the services.
1145	3.  A summary of the performance of each program component
1146	evaluated. provided by the program;
1147	4.  Cost data that is reported in a uniform format so that
1148	cost comparisons may be made among programs. For a residential
1149	program, the cost data must include the cost of its educational
1150	program.;
1151	5.  A comparison of expenditures to federal and state
1152	funding.;
1153	6.  Immediate and long-range concerns.; and
1154	7.  Recommendations to maintain, expand, improve, modify,
1155	or eliminate each program component so that changes in services
1156	lead to enhancement in program quality. The department shall
1157	ensure the reliability and validity of the information contained
1158	in the report.
1159	(6)  The department shall collect and analyze available
1160	statistical data for the purpose of ongoing evaluation of all
1161	programs. The department shall provide the Legislature with
1162	necessary information and reports to enable the Legislature to
1163	make informed decisions regarding the effectiveness of, and any
1164	needed changes in, services, programs, policies, and laws.
1165	(7)  No later than November 1, 2001, the department shall
1166	submit a proposal to the Legislature concerning funding
1167	incentives and disincentives for the department and for
1168	providers under contract with the department. The
1169	recommendations for funding incentives and disincentives shall
1170	be based upon both quality assurance performance and cost-
1171	effectiveness performance. The proposal should strive to achieve
1172	consistency in incentives and disincentives for both department-
1173	operated and contractor-provided programs. The department may
1174	include recommendations for the use of liquidated damages in the
1175	proposal; however, the department is not presently authorized to
1176	contract for liquidated damages in non-hardware-secure
1177	facilities until January 1, 2002.
1178	Section 16.  Section 958.046, Florida Statutes, is amended
1179	to read:
1180	958.046  Placement in county-operated boot camp programs
1181	for youthful offenders.--In counties where there are county-
1182	county-operated youthful offender boot camp programs, other than
1183	boot camps described in s. 958.04 or sheriff's training and
1184	respect programs in s. 985.3091 985.309, the court may sentence
1185	a youthful offender to such a boot camp. In county-operated
1186	youthful offender boot camp programs, juvenile offenders shall
1187	not be commingled with youthful offenders.
1188	Section 17.  Subsection (1) of section 985.314, Florida
1189	Statutes, is amended to read:
1190	985.314  Commitment programs for juvenile felony
1191	offenders.--
1192	(1)  Notwithstanding any other law and regardless of the
1193	child's age, a child who is adjudicated delinquent, or for whom
1194	adjudication is withheld, for an act that would be a felony if
1195	committed by an adult, shall be committed to:
1196	(a)  A sheriff's training and respect boot camp program
1197	under s. 985.3091 s. 985.309 if the child has participated in an
1198	early delinquency intervention program as provided in s.
1199	985.305.
1200	(b)  A program for serious or habitual juvenile offenders
1201	under s. 985.31 or an intensive residential treatment program
1202	for offenders less than 13 years of age under s. 985.311, if the
1203	child has participated in an early delinquency intervention
1204	program and has completed a sheriff's training and respect boot
1205	camp program.
1206	(c)  A maximum-risk residential program, if the child has
1207	participated in an early delinquency intervention program, has
1208	completed a sheriff's training and respect boot camp program,
1209	and has completed a program for serious or habitual juvenile
1210	offenders or an intensive residential treatment program for
1211	offenders less than 13 years of age. The commitment of a child
1212	to a maximum-risk residential program must be for an
1213	indeterminate period, but may not exceed the maximum term of
1214	imprisonment that an adult may serve for the same offense.
1215	Section 18.  Cost of supervision and care waiver; pilot
1216	program.--
1217	(1)  For purposes of this section, the term:
1218	(a)  "Approved parenting class" means a class approved by
1219	the Juvenile Justice Accountability Commission under subsection
1220	(4).
1221	(b)  "Court" means a circuit court in the Ninth Judicial
1222	Circuit.
1223	(c)  "Department" means the Department of Juvenile Justice.
1224	(d)  "Parent" means the parent of child whose delinquency
1225	case comes before a circuit court in the Ninth Judicial Circuit.
1226	(2)(a)  Notwithstanding any contrary provision of s.
1227	985.2311, Florida Statutes, for the period of October 1, 2006,
1228	through June 30, 2009, the court shall enter an order waiving
1229	the fees required to be paid under s. 985.2311, Florida
1230	Statutes, by a parent if the parent successfully completes an
1231	approved parenting class and presents the court with notarized
1232	documentation of such completion.
1233	(b)  Participation in an approved parenting class under
1234	this subsection is voluntary and the parent is responsible for
1235	the payment of all costs associated with participation in the
1236	class.
1237	(c)  A parent who fails to successfully complete an
1238	approved parenting class shall pay the full amount of fees
1239	required by s. 985.2311, Florida Statutes.
1240	(d)  A parent may only have fees waived under this
1241	subsection once.
1242	(3)  The Office of Program Policy Analysis and Government
1243	Accountability shall evaluate the pilot program created by this
1244	section and shall submit a written report to the appropriate
1245	substantive and fiscal committees of the Legislature, the
1246	Governor, and the Department of Juvenile Justice on September
1247	30, 2007, and annually thereafter, which identifies for the
1248	Ninth Judicial Circuit during the fiscal year preceding the
1249	report:
1250	(a)  The number of delinquency cases in which fees were
1251	required to be ordered under s. 985.2311, Florida Statutes, and
1252	the total amount of those fees.
1253	(b)  The number of delinquency cases in which parents
1254	agreed to complete an approved parenting class and the number of
1255	delinquency cases in which the parent submitted notarized
1256	documentation of successful completion to the court.
1257	(c)  The number of delinquency cases in which the court
1258	entered an order waiving fees under subsection (2) and the total
1259	amount of fees waived.
1260	(d)  The number of youth, as such data becomes available,
1261	who are taken into custody for a felony or misdemeanor within 6
1262	months following their release from department custody or
1263	supervision, whichever occurs later, and whose parents' fees
1264	under s. 985.2311, Florida Statutes, are:
1265	1.  Waived by court order under subsection (2).
1266	2.  Not waived by court order under subsection (2).
1267	(4)  The Juvenile Justice Accountability Commission,
1268	subject to appropriation, shall execute a contract under chapter
1269	287, Florida Statutes, for the provision of parenting courses in
1270	the Ninth Judicial Circuit between October 1, 2006 through June
1271	30, 2009.
1272	(5)  This section is repealed effective October 1, 2009.
1273	Section 19.  Effective October 1, 2006, all powers, duties,
1274	resources, and personnel associated with the Department of
1275	Juvenile Justice's responsibilities under ss. 985.308(9),
1276	985.311(2)(e), 985.411(7) and (9)(b), and 985.412, Florida
1277	Statutes, are transferred by a type two transfer as defined in
1278	s. 20.06(2), Florida Statutes, to the Juvenile Justice
1279	Accountability Commission created by this act.
1280	Section 20.  Judicial discretion to select commitment
1281	programs; pilot program.--
1282	(1)  The definitions contained in s. 985.03, Florida
1283	Statutes, apply to this section. Additionally, for purposes of
1284	this section, the term:
1285	(a)  "Available placement" means a commitment program for
1286	which the department has determined the youth is eligible.
1287	(b)  "Commitment program" means a facility, service, or
1288	program operated by the department or by a provider under
1289	contract with the department within a restrictiveness level.
1290	(c)  "Delinquency court" means a circuit court in the
1291	First, Eleventh, Thirteenth, or Twentieth Judicial Circuit.
1292	(d)  "Eligible" means a determination that the youth
1293	satisfies admission criteria for the commitment program.
1294	(e)  "Wait period" means the shortest period of time
1295	expected to elapse prior to placement of a youth in a commitment
1296	program, as determined by the department based upon anticipated
1297	release dates for youth currently in the commitment program.
1298	(2)  Between September 1, 2006, and July 1, 2010, a pilot
1299	program shall be conducted in the First, Eleventh, Thirteenth,
1300	and Twentieth Judicial Circuits which authorizes delinquency
1301	courts to select commitment programs for youth. The purpose of
1302	the pilot program is to identify and evaluate the benefits and
1303	disadvantages of affording such judicial discretion prior to
1304	legislative consideration of statewide implementation.
1305	(3)  Before August 31, 2006, the department shall:
1306	(a)  Develop, in consultation with delinquency court
1307	judges, procedures to implement this section.
1308	(b)  Publish on its Internet website information that
1309	identifies the name and address of each commitment program and
1310	that describes for each identified commitment program the
1311	population of youth served; the maximum capacity; the services
1312	offered; the admission criteria; the most recent recidivism
1313	rates; and the most recent cost-effectiveness rankings and
1314	quality assurance results under s. 985.412, Florida Statutes.
1315	The department shall continually update information published
1316	under this paragraph as modifications occur.
1317	(4)  Between September 1, 2006, and July 1, 2010, a
1318	delinquency court may:
1319	(a)  Order the department to include in a youth's
1320	predisposition report a list of all available placements within
1321	each restrictiveness level identified by the court or
1322	recommended by the department. The list shall also indicate the
1323	wait period for each available placement identified by the
1324	department.
1325	(b)1.  Specify for a youth committed by the court an
1326	available placement identified in the listing under paragraph
1327	(a), which has a wait period of 30 calendar days or less for a
1328	minimum-risk nonresidential, low-risk residential, moderate-risk
1329	residential, or high-risk residential commitment program or a
1330	wait period of 20 calendar days or less for a maximum-risk
1331	residential commitment program; or
1332	2.  Alternatively, a delinquency court may specify:
1333	a.  An available placement with a wait period in excess of
1334	those identified in subparagraph 1., if the court states reasons
1335	on the record establishing by a preponderance of the evidence
1336	that the available placement is in the youth's best interest; or
1337	b.  A commitment program that is not listed as an available
1338	placement, if the court states reasons on the record
1339	establishing by a preponderance of the evidence that the youth
1340	is eligible for the commitment program and that the commitment
1341	program is in the youth's best interest.
1342	(5)  When a delinquency court specifies an available
1343	placement or commitment program for a youth under paragraph
1344	(4)(b), the youth shall be placed, as specified by the court,
1345	when the next regularly scheduled opening occurs after the
1346	placement of other youth who were previously committed and
1347	waiting for that program.
1348	(6)(a)  The Office of Program Policy Analysis and
1349	Government Accountability shall conduct a longitudinal
1350	evaluation of the pilot program created by this section and
1351	shall submit a written report to the appropriate substantive and
1352	fiscal committees of the Legislature and to the Governor on
1353	January 1, 2008, and annually thereafter, which identifies,
1354	according to judicial circuit and restrictiveness level, the
1355	following data, as it becomes available, for the pilot program
1356	period:
1357	1.  The number of youth committed to the department by a
1358	delinquency court.
1359	2.  The number of youth placed by a delinquency court in an
1360	available placement under subparagraph (4)(b)1. and sub-
1361	subparagraph (4)(b)2.a. and in a commitment program under sub-
1362	subparagraph (4)(b)2.b.
1363	3.  The number of youth placed in a department-specified
1364	commitment program.
1365	4.  The average wait period for, and the average number of
1366	days spent by youth in secure detention while awaiting placement
1367	in, delinquency court-specified commitment programs and
1368	department-specified commitment programs.
1369	5.  The number of youth who complete, and who are otherwise
1370	released from, delinquency court-specified commitment programs
1371	and department-specified commitment programs.
1372	6.  Educational achievements made by youth while
1373	participating in delinquency court-specified commitment programs
1374	and department-specified commitment programs.
1375	7.  The number of youth who are taken into custody for a
1376	felony or misdemeanor within 6 months following completion of
1377	delinquency court-specified commitment programs and department-
1378	specified commitment programs.
1379	(b)  Before August 31, 2006:
1380	1.  The department, in consultation with the Office of
1381	Program Policy Analysis and Government Accountability, shall
1382	develop reporting protocols to collect and maintain data
1383	necessary for the report required by this subsection.
1384	2.  The Office of Program Policy Analysis and Government
1385	Accountability, in consultation with staff of the appropriate
1386	substantive and fiscal committees of the Legislature, shall
1387	develop common terminology and operational definitions for the
1388	measurement of data necessary for the report required by this
1389	subsection.
1390	(c)  The reports required under paragraph (a) to be
1391	submitted on January 1, 2009, and January 1, 2010, must also
1392	include:
1393	1.  Findings by the Office of Program Policy Analysis and
1394	Government Accountability, the department, and delinquency
1395	courts regarding the benefits and disadvantages of authorizing
1396	courts to select commitment programs.
1397	2.  Recommendations by the Office of Program Policy
1398	Analysis and Government Accountability, the department, and
1399	delinquency courts, if found to be warranted, for amendments to
1400	current statutes addressing commitment.
1401	(7)  This section is repealed effective July 1, 2010.
1402	Section 21.  Except as otherwise expressly provided in this
1403	act, this act shall take effect July 1, 2006.

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