HB 335

1	A bill to be entitled
2	An act relating to juvenile justice; amending s.
3	985.04, F.S.; authorizing disclosure of specified
4	confidential juvenile records to private school
5	principals; requiring the Department of Juvenile
6	Justice, law enforcement agencies, and state attorneys
7	to provide notice to private school principals of
8	specified juvenile offenders; providing criminal
9	penalties for a private school employee who improperly
10	discloses specified confidential information;
11	requiring private school principals to notify
12	classroom teachers of specified information; amending
13	s. 985.207, F.S.; requiring the arresting authority to
14	provide notice to private school principals of
15	specified juvenile offenders; requiring private school
16	principals to notify classroom teachers of specified
17	information; permitting a law enforcement officer to
18	take a child into custody for a violation of
19	adjudication order conditions; amending s. 985.215,
20	F.S.; permitting specified types of postadjudication
21	detention for a child who has previously failed to
22	appear at delinquency court proceedings regardless of
23	risk assessment instrument results; providing
24	exceptions that permit postadjudication detention
25	until the child's disposition order is entered in his
26	or her case; conforming cross-references; requiring
27	detention staff to notify private school personnel of
28	a juvenile sexual offender's release; amending s.
29	985.228, F.S.; requiring a court to include specified
30	conditions in a child's order of adjudication of
31	delinquency that apply during the postadjudication and
32	predisposition period; providing a definition;
33	permitting a court to find a child in contempt of
34	court for a violation of adjudication order
35	conditions; providing sanctions; amending s. 985.31,
36	F.S.; deleting a requirement for a report on serious
37	or habitual juvenile offenders; amending s. 985.311,
38	F.S.; deleting a requirement for a report on intensive
39	residential treatment; amending s. 985.317, F.S.;
40	deleting a requirement for a report on literacy
41	programs for juvenile offenders; creating s. 985.3142,
42	F.S.; providing that the willful failure of a child to
43	return to a residential commitment facility within the
44	time authorized for a temporary release is absconding
45	for a first offense and is a second degree misdemeanor
46	for a second or subsequent offense; providing
47	penalties; amending s. 985.412, F.S.; directing the
48	Department of Juvenile Justice to collect and analyze
49	specified data; creating and revising definitions;
50	requiring the development of a standard methodology
51	for annually measuring, evaluating, and reporting
52	program outputs and youth outcomes; requiring an
53	annual report; specifying report contents; deleting a
54	requirement for an annual cost data report; deleting a
55	requirement for a cost-benefit analysis of educational
56	programs; revising a cost-effectiveness model for
57	commitment programs; revising a cost-effectiveness
58	report due date; revising requirements for annual
59	quality assurance reporting; conforming provisions;
60	deleting obsolete provisions relating to incentive and
61	disincentive proposals and liquidated damages;
62	creating a pilot program that authorizes specified
63	courts to select commitment programs for juvenile
64	delinquents; providing definitions; providing the
65	program's purpose; requiring the Department of
66	Juvenile Justice to develop implementation procedures
67	and to publish specified information about commitment
68	programs on its website; providing procedures for the
69	selection of commitment programs by courts; requiring
70	evaluation and reports by the Office of Program Policy
71	Analysis and Government Accountability; specifying
72	department and court responsibilities relating to the
73	reports; providing for future repeal of the pilot
74	program; providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Subsections (3) and (7) of section 985.04,
79	Florida Statutes, are amended to read:
80	985.04  Oaths; records; confidential information.--
81	(3)(a)  Except as provided in subsections (2), (4), (5),
82	and (6), and s. 943.053, all information obtained under this
83	part in the discharge of official duty by any judge, any
84	employee of the court, any authorized agent of the department of
85	Juvenile Justice, the Parole Commission, the Department of
86	Corrections, the juvenile justice circuit boards, any law
87	enforcement agent, or any licensed professional or licensed
88	community agency representative participating in the assessment
89	or treatment of a juvenile is confidential and may be disclosed
90	only to the authorized personnel of the court, the department of
91	Juvenile Justice and its designees, the Department of
92	Corrections, the Parole Commission, law enforcement agents,
93	school superintendents and their designees, the principal of a
94	private school attended by the juvenile, any licensed
95	professional or licensed community agency representative
96	participating in the assessment or treatment of a juvenile, and
97	others entitled under this chapter to receive that information,
98	or upon order of the court. Within each county, the sheriff, the
99	chiefs of police, the district school superintendent, and the
100	department shall enter into an interagency agreement for the
101	purpose of sharing information about juvenile offenders among
102	all parties. The agreement must specify the conditions under
103	which summary criminal history information is to be made
104	available to appropriate school personnel, and the conditions
105	under which school records are to be made available to
106	appropriate department personnel. Such agreement shall require
107	notification to any classroom teacher of assignment to the
108	teacher's classroom of a juvenile who has been placed in a
109	probation or commitment program for a felony offense. The
110	agencies entering into such agreement must comply with s.
111	943.0525, and must maintain the confidentiality of information
112	that is otherwise exempt from s. 119.07(1), as provided by law.
113	(b)  The department shall disclose to the school
114	superintendent and the principal of a private school attended by
115	the child the presence of any child in the care and custody or
116	under the jurisdiction or supervision of the department who has
117	a known history of criminal sexual behavior with other
118	juveniles; is an alleged juvenile sex offender, as defined in s.
119	39.01; or has pled guilty or nolo contendere to, or has been
120	found to have committed, a violation of chapter 794, chapter
121	796, chapter 800, s. 827.071, or s. 847.0133, regardless of
122	adjudication. Any employee of a district school board or private
123	school who knowingly and willfully discloses such information to
124	an unauthorized person commits a misdemeanor of the second
125	degree, punishable as provided in s. 775.082 or s. 775.083.
126	(7)(a)  Notwithstanding any other provision of this
127	section, when a child of any age is taken into custody by a law
128	enforcement officer for an offense that would have been a felony
129	if committed by an adult, or a crime of violence, the law
130	enforcement agency must notify the superintendent of schools, if
131	the child attends public school, or the principal of a private
132	school attended by the child, that the child is alleged to have
133	committed the delinquent act.
134	(b)  Notwithstanding paragraph (a) or any other provision
135	of this section, when a child of any age is formally charged by
136	a state attorney with a felony or a delinquent act that would be
137	a felony if committed by an adult, the state attorney shall
138	notify the superintendent of schools, if the child attends
139	public school, or the principal of a private school attended by
140	the child, the child's school that the child has been charged
141	with such felony or delinquent act. The information obtained by
142	the superintendent of schools or private school principal
143	pursuant to this section must be released within 48 hours after
144	receipt to appropriate school personnel, including the principal
145	of the public school of the child. The public or private school
146	principal must immediately notify the child's immediate
147	classroom teachers. Upon notification, the principal is
148	authorized to begin disciplinary actions pursuant to s.
149	1006.09(1)-(4).
150	Section 2.  Paragraph (b) of subsection (1) of section
151	985.207, Florida Statutes, is amended, and paragraph (e) is
152	added to that subsection, to read:
153	985.207  Taking a child into custody.--
154	(1)  A child may be taken into custody under the following
155	circumstances:
156	(b)  For a delinquent act or violation of law, pursuant to
157	Florida law pertaining to a lawful arrest. If such delinquent
158	act or violation of law would be a felony if committed by an
159	adult or involves a crime of violence, the arresting authority
160	shall immediately notify the district school superintendent, or
161	the superintendent's designee, of the school district with
162	educational jurisdiction of the child or the principal of a
163	private school attended by the child. Such notification shall
164	include other education providers such as the Florida School for
165	the Deaf and the Blind, university developmental research
166	schools, and private elementary and secondary schools. The
167	information obtained by the superintendent of schools or a
168	private school principal pursuant to this section must be
169	released within 48 hours after receipt to appropriate school
170	personnel, including the principal of the child's public school,
171	or as otherwise provided by law. The public or private school
172	principal must immediately notify the child's immediate
173	classroom teachers. Information provided by an arresting
174	authority pursuant to this paragraph may not be placed in the
175	student's permanent record and shall be removed from all school
176	records no later than 9 months after the date of the arrest.
177	(e)  When a law enforcement officer has probable cause to
178	believe that a child who is awaiting disposition has violated
179	conditions imposed by the court under s. 985.228(5) in his or
180	her order of adjudication of delinquency.
181
182	Nothing in this subsection shall be construed to allow the
183	detention of a child who does not meet the detention criteria in
184	s. 985.215.
185	Section 3.  Subsection (2), paragraphs (d) and (g) of
186	subsection (5), and paragraph (b) of subsection (11) of section
187	985.215, Florida Statutes, are amended to read:
188	985.215  Detention.--
189	(2)  Subject to the provisions of subsection (1), a child
190	taken into custody and placed into nonsecure or home detention
191	care or detained in secure detention care prior to a detention
192	hearing may continue to be detained by the court if:
193	(a)  The child is alleged to be an escapee from a
194	residential commitment program, or an absconder from a
195	nonresidential commitment program, a probation program, or
196	conditional release supervision, or is alleged to have escaped
197	while being lawfully transported to or from a residential
198	commitment program.
199	(b)  The child is wanted in another jurisdiction for an
200	offense which, if committed by an adult, would be a felony.
201	(c)  The child is charged with a delinquent act or
202	violation of law and requests in writing through legal counsel
203	to be detained for protection from an imminent physical threat
204	to his or her personal safety.
205	(d)  The child is charged with committing an offense of
206	domestic violence as defined in s. 741.28 and is detained as
207	provided in s. 985.213(2)(b)3.
208	(e)  The child is charged with possession or discharging a
209	firearm on school property in violation of s. 790.115.
210	(f)  The child is charged with a capital felony, a life
211	felony, a felony of the first degree, a felony of the second
212	degree that does not involve a violation of chapter 893, or a
213	felony of the third degree that is also a crime of violence,
214	including any such offense involving the use or possession of a
215	firearm.
216	(g)  The child is charged with any second degree or third
217	degree felony involving a violation of chapter 893 or any third
218	degree felony that is not also a crime of violence, and the
219	child:
220	1.  Has a record of failure to appear at court hearings
221	after being properly notified in accordance with the Rules of
222	Juvenile Procedure;
223	2.  Has a record of law violations prior to court hearings;
224	3.  Has already been detained or has been released and is
225	awaiting final disposition of the case;
226	4.  Has a record of violent conduct resulting in physical
227	injury to others; or
228	5.  Is found to have been in possession of a firearm.
229	(h)  The child is alleged to have violated the conditions
230	of the child's probation or conditional release supervision.
231	However, a child detained under this paragraph may be held only
232	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
233	consequence unit is not available, the child shall be placed on
234	home detention with electronic monitoring.
235	(i)  The child is detained on a judicial order for failure
236	to appear and has previously willfully failed to appear, after
237	proper notice, for an adjudicatory hearing on the same case
238	regardless of the results of the risk assessment instrument. A
239	child may be held in secure detention for up to 72 hours in
240	advance of the next scheduled court hearing pursuant to this
241	paragraph. The child's failure to keep the clerk of court and
242	defense counsel informed of a current and valid mailing address
243	where the child will receive notice to appear at court
244	proceedings does not provide an adequate ground for excusal of
245	the child's nonappearance at the hearings.
246	(j)  The child is detained on a judicial order for failure
247	to appear and has previously willfully failed to appear, after
248	proper notice, at two or more court hearings of any nature on
249	the same case regardless of the results of the risk assessment
250	instrument. A child may be held in secure detention for up to 72
251	hours in advance of the next scheduled court hearing pursuant to
252	this paragraph. The child's failure to keep the clerk of court
253	and defense counsel informed of a current and valid mailing
254	address where the child will receive notice to appear at court
255	proceedings does not provide an adequate ground for excusal of
256	the child's nonappearance at the hearings.
257	(k)  At his or her adjudicatory hearing, the child has been
258	found to have committed a delinquent act or violation of law and
259	has previously willfully failed to appear, after proper notice,
260	for other delinquency court proceedings of any nature regardless
261	of the results of the risk assessment instrument. A child may be
262	held in secure detention or, at the discretion of the court and
263	if available, placed on home detention with electronic
264	monitoring until the child's disposition order is entered in his
265	or her case. The child's failure to keep the clerk of court and
266	defense counsel informed of a current and valid mailing address
267	where the child will receive notice to appear at court
268	proceedings does not provide an adequate ground for excusal of
269	the child's nonappearance at the hearings.
270
271	A child who meets any of these criteria and who is ordered to be
272	detained pursuant to this subsection shall be given a hearing
273	within 24 hours after being taken into custody. The purpose of
274	the detention hearing is to determine the existence of probable
275	cause that the child has committed the delinquent act or
276	violation of law with which he or she is charged and the need
277	for continued detention, except where the child is alleged to
278	have absconded from a nonresidential commitment program in which
279	case the court, at the detention hearing, shall order that the
280	child be released from detention and returned to his or her
281	nonresidential commitment program. Unless a child is detained
282	under paragraph (d), or paragraph (e), or paragraph (k), the
283	court shall use the results of the risk assessment performed by
284	the juvenile probation officer and, based on the criteria in
285	this subsection, shall determine the need for continued
286	detention. A child placed into secure, nonsecure, or home
287	detention care may continue to be so detained by the court
288	pursuant to this subsection. If the court orders a placement
289	more restrictive than indicated by the results of the risk
290	assessment instrument, the court shall state, in writing, clear
291	and convincing reasons for such placement. Except as provided in
292	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
293	paragraph (10)(c), or paragraph (10)(d), when a child is placed
294	into secure or nonsecure detention care, or into a respite home
295	or other placement pursuant to a court order following a
296	hearing, the court order must include specific instructions that
297	direct the release of the child from such placement no later
298	than 5 p.m. on the last day of the detention period specified in
299	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
300	whichever is applicable, unless the requirements of such
301	applicable provision have been met or an order of continuance
302	has been granted pursuant to paragraph (5)(f).
303	(5)
304	(d)  Except as provided in paragraph (2)(k), paragraph (g),
305	or s. 985.228(5), a child may not be held in secure, nonsecure,
306	or home detention care for more than 15 days following the entry
307	of an order of adjudication.
308	(g)  Upon good cause being shown that the nature of the
309	charge requires additional time for the prosecution or defense
310	of the case, the court may extend the time limits for detention
311	specified in paragraph (c) or paragraph (d) an additional 9 days
312	if the child is charged with an offense that would be, if
313	committed by an adult, a capital felony, a life felony, a felony
314	of the first degree, or a felony of the second degree involving
315	violence against any individual.
316	(11)
317	(b)  When a juvenile sexual offender, pursuant to this
318	subsection, is released from detention or transferred to home
319	detention or nonsecure detention, detention staff shall
320	immediately notify the appropriate law enforcement agency and
321	school personnel at the public or private school attended by the
322	offender.
323	Section 4.  Subsection (5) of section 985.228, Florida
324	Statutes, is amended to read:
325	985.228  Adjudicatory hearings; withheld adjudications;
326	orders of adjudication.--
327	(5)(a)  If the court finds that the child named in a
328	petition has committed a delinquent act or violation of law, but
329	elects not to proceed under subsection (4), it shall incorporate
330	that finding in an order of adjudication of delinquency entered
331	in the case, briefly stating the facts upon which the finding is
332	made, and the court shall thereafter have full authority under
333	this chapter to deal with the child as adjudicated.
334	(b)  The order of adjudication of delinquency under
335	paragraph (a) shall also include conditions that must be
336	followed by the child until a disposition order is entered in
337	his or her case. These conditions must include, but are not
338	limited to, specifying that the child, during any period of time
339	that he or she:
340	1.  Is not in secure detention, must comply with a curfew;
341	must attend school or another educational program, if eligible;
342	and is prohibited from engaging in ungovernable behavior.
343	2.  Is in secure detention, is prohibited from engaging in
344	ungovernable behavior.
345	(c)  For purposes of this subsection, the term
346	"ungovernable behavior" means:
347	1.  The child's failing to obey the reasonable and lawful
348	demands of the child's parent or legal guardian and, where
349	applicable, the reasonable and lawful demands of a person
350	responsible for supervising the child while he or she is in
351	school, another educational program, or secure detention.
352	2.  The child engaging in behavior that evidences a risk
353	that the child may fail to appear for future court proceedings
354	or may inflict harm upon others or the property of others.
355	3.  Other behavior of the child as specified in writing by
356	the court in the order of adjudication of delinquency.
357	(d)  If a child willfully violates a condition contained in
358	his or her order of adjudication of delinquency, the court may
359	find the child in direct or indirect contempt of court under s.
360	985.216; however, notwithstanding s. 985.216 and the results of
361	the risk assessment instrument, the child's sanctions for such
362	contempt of court shall be placement in secure detention or, at
363	the discretion of the court and if available, on home detention
364	with electronic monitoring until the child's disposition order
365	is entered in his or her case.
366	Section 5.  Paragraph (a) of subsection (1) of section
367	985.31, Florida Statutes, is amended to read:
368	985.31  Serious or habitual juvenile offender.--
369	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
370	provisions of this chapter and the establishment of appropriate
371	program guidelines and standards, contractual instruments, which
372	shall include safeguards of all constitutional rights, shall be
373	developed as follows:
374	(a)  The department shall provide for:
375	1.  The oversight of implementation of assessment and
376	treatment approaches.
377	2.  The identification and prequalification of appropriate
378	individuals or not-for-profit organizations, including minority
379	individuals or organizations when possible, to provide
380	assessment and treatment services to serious or habitual
381	delinquent children.
382	3.  The monitoring and evaluation of assessment and
383	treatment services for compliance with the provisions of this
384	chapter and all applicable rules and guidelines pursuant
385	thereto.
386	4.  The development of an annual report on the performance
387	of assessment and treatment to be presented to the Governor, the
388	Attorney General, the President of the Senate, the Speaker of
389	the House of Representatives, and the Auditor General no later
390	than January 1 of each year.
391	Section 6.  Paragraph (a) of subsection (1) of section
392	985.311, Florida Statutes, is amended to read:
393	985.311  Intensive residential treatment program for
394	offenders less than 13 years of age.--
395	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
396	provisions of this chapter and the establishment of appropriate
397	program guidelines and standards, contractual instruments, which
398	shall include safeguards of all constitutional rights, shall be
399	developed for intensive residential treatment programs for
400	offenders less than 13 years of age as follows:
401	(a)  The department shall provide for:
402	1.  The oversight of implementation of assessment and
403	treatment approaches.
404	2.  The identification and prequalification of appropriate
405	individuals or not-for-profit organizations, including minority
406	individuals or organizations when possible, to provide
407	assessment and treatment services to intensive offenders less
408	than 13 years of age.
409	3.  The monitoring and evaluation of assessment and
410	treatment services for compliance with the provisions of this
411	chapter and all applicable rules and guidelines pursuant
412	thereto.
413	4.  The development of an annual report on the performance
414	of assessment and treatment to be presented to the Governor, the
415	Attorney General, the President of the Senate, the Speaker of
416	the House of Representatives, the Auditor General, and the
417	Office of Program Policy Analysis and Government Accountability
418	no later than January 1 of each year.
419	Section 7.  Subsection (5) of section 985.317, Florida
420	Statutes, is amended to read:
421	985.317  Literacy programs for juvenile offenders.--
422	(5)  EVALUATION AND REPORT.--The department, in
423	consultation with the Department of Education, shall develop and
424	implement an evaluation of the literacy program in order to
425	determine the impact of the programs on recidivism. The
426	department shall submit an annual report on the implementation
427	and progress of the programs to the President of the Senate and
428	the Speaker of the House of Representatives by January 1 of each
429	year.
430	Section 8.  Section 985.3142, Florida Statutes, is created
431	to read:
432	985.3142  Failure to return from a temporary release.--The
433	willful failure of a child to return to a residential commitment
434	facility described in s. 985.03(46) within the time authorized
435	for a temporary release shall:
436	(1)  For a first offense, constitute absconding and such
437	offense shall be treated in the same manner as absconding from a
438	nonresidential commitment facility under this chapter, except
439	that under s. 985.215(2) the court shall order that the child be
440	returned to his or her residential commitment facility at the
441	child's detention hearing.
442	(2)  For a second or subsequent offense, constitute a
443	misdemeanor of the second degree, punishable as provided in s.
444	775.082 or s. 775.083.
445	Section 9.  Section 985.412, Florida Statutes, is amended
446	to read:
447	985.412  Program review and reporting requirements Quality
448	assurance and cost-effectiveness.--
449	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
450	Legislature that the department:
451	(a)  Ensure that information be provided to decisionmakers
452	in a timely manner so that resources are allocated to programs
453	that of the department which achieve desired performance levels.
454	(b)  Collect and analyze available statistical data for the
455	purpose of ongoing evaluation of all programs.
456	(c)(b)  Provide information about the cost of such programs
457	and their differential effectiveness so that program the quality
458	may of such programs can be compared and improvements made
459	continually.
460	(d)(c)  Provide information to aid in developing related
461	policy issues and concerns.
462	(e)(d)  Provide information to the public about the
463	effectiveness of such programs in meeting established goals and
464	objectives.
465	(f)(e)  Provide a basis for a system of accountability so
466	that each youth client is afforded the best programs to meet his
467	or her needs.
468	(g)(f)  Improve service delivery to youth clients.
469	(h)(g)  Modify or eliminate activities that are not
470	effective.
471	(2)  DEFINITIONS.--As used in this section, the term:
472	(a)  "Youth" "Client" means any person who is being
473	provided treatment or services by the department or by a
474	provider under contract with the department.
475	(b)  "Program" means any facility, service, or program for
476	youth that is operated by the department or by a provider under
477	contract with the department.
478	(c)(b)  "Program component" means an aggregation of
479	generally related objectives which, because of their special
480	character, related workload, and interrelated output, can
481	logically be considered an entity for purposes of organization,
482	management, accounting, reporting, and budgeting.
483	(c)  "Program effectiveness" means the ability of the
484	program to achieve desired client outcomes, goals, and
485	objectives.
486	(d)  "Program group" means a collection of programs with
487	sufficient similarity of function, services, and youth to permit
488	appropriate comparisons among programs within the group.
489	(3)  OUTCOME EVALUATION.--The department, in consultation
490	with the Office of Economic and Demographic Research, the Office
491	of Program Policy Analysis and Government Accountability, and
492	contract service providers, shall develop and use a standard
493	methodology for annually measuring, evaluating, and reporting
494	program outputs and youth outcomes for each program and program
495	group.
496	(a)  The standard methodology must:
497	1.  Incorporate, whenever possible, performance-based
498	budgeting measures.
499	2.  Include common terminology and operational definitions
500	for measuring the performance of system and program
501	administration, program outputs, and youth outcomes.
502	3.  Specify program outputs for each program and for each
503	program group within the juvenile justice continuum.
504	4.  Specify desired youth outcomes and methods by which to
505	measure youth outcomes for each program and program group.
506	(b)  By February 15 of each year, the department shall
507	submit to the appropriate substantive and fiscal committees of
508	each house of the Legislature and the Governor a report that
509	identifies and describes:
510	1.  The standard methodology implemented under paragraph
511	(a).
512	2.  The programs offered within each program group.
513	3.  The demographic profile and offense history of youth
514	served in each program group.
515	4.  The actual program outputs and youth outcomes achieved
516	in each program group. The department shall annually collect and
517	report cost data for every program operated or contracted by the
518	department. The cost data shall conform to a format approved by
519	the department and the Legislature. Uniform cost data shall be
520	reported and collected for state-operated and contracted
521	programs so that comparisons can be made among programs. The
522	department shall ensure that there is accurate cost accounting
523	for state-operated services including market-equivalent rent and
524	other shared cost. The cost of the educational program provided
525	to a residential facility shall be reported and included in the
526	cost of a program. The department shall submit an annual cost
527	report to the President of the Senate, the Speaker of the House
528	of Representatives, the Minority Leader of each house of the
529	Legislature, the appropriate substantive and fiscal committees
530	of each house of the Legislature, and the Governor, no later
531	than December 1 of each year. Cost-benefit analysis for
532	educational programs will be developed and implemented in
533	collaboration with and in cooperation with the Department of
534	Education, local providers, and local school districts. Cost
535	data for the report shall include data collected by the
536	Department of Education for the purposes of preparing the annual
537	report required by s. 1003.52(19).
538	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
539	Juvenile Justice, in consultation with the Office of Economic
540	and Demographic Research, and contract service providers, shall
541	develop a cost-effectiveness model and apply the model to each
542	commitment program. Program recidivism rates shall be a
543	component of the model.
544	(a)  The cost-effectiveness model shall compare program
545	costs to expected and actual youth recidivism rates client
546	outcomes and program outputs. It is the intent of the
547	Legislature that continual development efforts take place to
548	improve the validity and reliability of the cost-effectiveness
549	model and to integrate the standard methodology developed under
550	s. 985.401(4) for interpreting program outcome evaluations.
551	(b)  The department shall rank commitment programs based on
552	the cost-effectiveness model and shall submit a report to the
553	appropriate substantive and fiscal committees of each house of
554	the Legislature by January 15 December 31 of each year.
555	(c)  Based on reports of the department on client outcomes
556	and program outputs and on the department's most recent cost-
557	effectiveness rankings, the department may terminate a
558	commitment program operated by the department or a provider if
559	the program has failed to achieve a minimum threshold of cost-
560	effectiveness program effectiveness. This paragraph does not
561	preclude the department from terminating a contract as provided
562	under this section or as otherwise provided by law or contract,
563	and does not limit the department's authority to enter into or
564	terminate a contract.
565	(d)  In collaboration with the Office of Economic and
566	Demographic Research, and contract service providers, the
567	department shall develop a work plan to refine the cost-
568	effectiveness model so that the model is consistent with the
569	performance-based program budgeting measures approved by the
570	Legislature to the extent the department deems appropriate. The
571	department shall notify the Office of Program Policy Analysis
572	and Government Accountability of any meetings to refine the
573	model.
574	(e)  Contingent upon specific appropriation, the
575	department, in consultation with the Office of Economic and
576	Demographic Research, and contract service providers, shall:
577	1.  Construct a profile of each commitment program that
578	uses the results of the quality assurance report required by
579	this section, the cost-effectiveness report required in this
580	subsection, and other reports available to the department.
581	2.  Target, for a more comprehensive evaluation, any
582	commitment program that has achieved consistently high, low, or
583	disparate ratings in the reports required under subparagraph 1.
584	3.  Identify the essential factors that contribute to the
585	high, low, or disparate program ratings.
586	4.  Use the results of these evaluations in developing or
587	refining juvenile justice programs or program models, youth
588	client outcomes and program outputs, provider contracts, quality
589	assurance standards, and the cost-effectiveness model.
590	(5)  QUALITY ASSURANCE.--The department shall:
591	(a)  Establish a comprehensive quality assurance system for
592	each program operated by the department or operated by a
593	provider under contract with the department. Each contract
594	entered into by the department must provide for quality
595	assurance.
596	(b)  Provide operational definitions of and criteria for
597	quality assurance for each specific program component.
598	(c)  Establish quality assurance goals and objectives for
599	each specific program component.
600	(d)  Establish the information and specific data elements
601	required for the quality assurance program.
602	(e)  Develop a quality assurance manual of specific,
603	standardized terminology and procedures to be followed by each
604	program.
605	(f)  Evaluate each program operated by the department or a
606	provider under a contract with the department and establish
607	minimum thresholds for each program component. If a provider
608	fails to meet the established minimum thresholds, such failure
609	shall cause the department to cancel the provider's contract
610	unless the provider achieves compliance with minimum thresholds
611	within 6 months or unless there are documented extenuating
612	circumstances. In addition, the department may not contract with
613	the same provider for the canceled service for a period of 12
614	months. If a department-operated program fails to meet the
615	established minimum thresholds, the department must take
616	necessary and sufficient steps to ensure and document program
617	changes to achieve compliance with the established minimum
618	thresholds. If the department-operated program fails to achieve
619	compliance with the established minimum thresholds within 6
620	months and if there are no documented extenuating circumstances,
621	the department must notify the Executive Office of the Governor
622	and the Legislature of the corrective action taken. Appropriate
623	corrective action may include, but is not limited to:
624	1.  Contracting out for the services provided in the
625	program;
626	2.  Initiating appropriate disciplinary action against all
627	employees whose conduct or performance is deemed to have
628	materially contributed to the program's failure to meet
629	established minimum thresholds;
630	3.  Redesigning the program; or
631	4.  Realigning the program.
632	(g)  The department shall Submit an annual report to the
633	President of the Senate, the Speaker of the House of
634	Representatives, the minority leader of each house of the
635	Legislature, the appropriate substantive and fiscal committees
636	of each house of the Legislature, and the Governor by, no later
637	than February 1 of each year. The annual report must contain, at
638	a minimum, for each specific program component:
639	1.  A comprehensive description of the population served.
640	by the program;
641	2.  A specific description of its the services.
642	3.  A summary of the performance of each program component
643	evaluated. provided by the program;
644	4.  Cost data that is reported in a uniform format so that
645	cost comparisons may be made among programs. For a residential
646	program, the cost data must include the cost of its educational
647	program.;
648	5.  A comparison of expenditures to federal and state
649	funding.;
650	6.  Immediate and long-range concerns.; and
651	7.  Recommendations to maintain, expand, improve, modify,
652	or eliminate each program component so that changes in services
653	lead to enhancement in program quality. The department shall
654	ensure the reliability and validity of the information contained
655	in the report.
656	(6)  The department shall collect and analyze available
657	statistical data for the purpose of ongoing evaluation of all
658	programs. The department shall provide the Legislature with
659	necessary information and reports to enable the Legislature to
660	make informed decisions regarding the effectiveness of, and any
661	needed changes in, services, programs, policies, and laws.
662	(7)  No later than November 1, 2001, the department shall
663	submit a proposal to the Legislature concerning funding
664	incentives and disincentives for the department and for
665	providers under contract with the department. The
666	recommendations for funding incentives and disincentives shall
667	be based upon both quality assurance performance and cost-
668	effectiveness performance. The proposal should strive to achieve
669	consistency in incentives and disincentives for both department-
670	operated and contractor-provided programs. The department may
671	include recommendations for the use of liquidated damages in the
672	proposal; however, the department is not presently authorized to
673	contract for liquidated damages in non-hardware-secure
674	facilities until January 1, 2002.
675	Section 10.  Judicial discretion to select commitment
676	programs; pilot program.--
677	(1)  The definitions contained in s. 985.03, Florida
678	Statutes, apply to this section. Additionally, for purposes of
679	this section, the term:
680	(a)  "Available placement" means a commitment program for
681	which the department has determined the youth is eligible.
682	(b)  "Commitment program" means a facility, service, or
683	program operated by the department or by a provider under
684	contract with the department within a restrictiveness level.
685	(c)  "Delinquency court" means a circuit court in the
686	First, Eleventh, Thirteenth, or Twentieth Judicial Circuit.
687	(d)  "Eligible" means a determination that the youth
688	satisfies admission criteria for the commitment program.
689	(e)  "Wait period" means the shortest period of time
690	expected to elapse prior to placement of a youth in a commitment
691	program, as determined by the department based upon anticipated
692	release dates for youth currently in the commitment program.
693	(2)  Between September 1, 2006, and July 1, 2010, a pilot
694	program shall be conducted in the First, Eleventh, Thirteenth,
695	and Twentieth Judicial Circuits which authorizes delinquency
696	courts to select commitment programs for youth. The purpose of
697	the pilot program is to identify and evaluate the benefits and
698	disadvantages of affording such judicial discretion prior to
699	legislative consideration of statewide implementation.
700	(3)  Before August 31, 2006, the department shall:
701	(a)  Develop, in consultation with delinquency court
702	judges, procedures to implement this section.
703	(b)  Publish on its Internet website information that
704	identifies the name and address of each commitment program and
705	that describes for each identified commitment program the
706	population of youth served; the maximum capacity; the services
707	offered; the admission criteria; the most recent recidivism
708	rates; and the most recent cost-effectiveness rankings and
709	quality assurance results under s. 985.412, Florida Statutes.
710	The department shall continually update information published
711	under this paragraph as modifications occur.
712	(4)  Between September 1, 2006, and July 1, 2010, a
713	delinquency court may:
714	(a)  Order the department to include in a youth's
715	predisposition report a list of all available placements within
716	each restrictiveness level identified by the court or
717	recommended by the department. The list shall also indicate the
718	wait period for each available placement identified by the
719	department.
720	(b)1.  Specify for a youth committed by the court an
721	available placement identified in the listing under paragraph
722	(a), which has a wait period of 30 calendar days or less for a
723	minimum-risk nonresidential, low-risk residential, moderate-risk
724	residential, or high-risk residential commitment program or a
725	wait period of 20 calendar days or less for a maximum-risk
726	residential commitment program; or
727	2.  Alternatively, a delinquency court may specify:
728	a.  An available placement with a wait period in excess of
729	those identified in subparagraph 1., if the court states reasons
730	on the record establishing by a preponderance of the evidence
731	that the available placement is in the youth's best interest; or
732	b.  A commitment program that is not listed as an available
733	placement, if the court states reasons on the record
734	establishing by a preponderance of the evidence that the youth
735	is eligible for the commitment program and that the commitment
736	program is in the youth's best interest.
737	(5)  When a delinquency court specifies an available
738	placement or commitment program for a youth under paragraph
739	(4)(b), the youth shall be placed, as specified by the court,
740	when the next regularly scheduled opening occurs after the
741	placement of other youth who were previously committed and
742	waiting for that program.
743	(6)(a)  The Office of Program Policy Analysis and
744	Government Accountability shall conduct a longitudinal
745	evaluation of the pilot program created by this section and
746	shall submit a written report to the appropriate substantive and
747	fiscal committees of the Legislature and to the Governor on
748	January 1, 2008, and annually thereafter, which identifies,
749	according to judicial circuit and restrictiveness level, the
750	following data, as it becomes available, for the pilot program
751	period:
752	1.  The number of youth committed to the department by a
753	delinquency court.
754	2.  The number of youth placed by a delinquency court in an
755	available placement under subparagraph (4)(b)1. and sub-
756	subparagraph (4)(b)2.a. and in a commitment program under sub-
757	subparagraph (4)(b)2.b.
758	3.  The number of youth placed in a department-specified
759	commitment program.
760	4.  The average wait period for, and the average number of
761	days spent by youth in secure detention while awaiting placement
762	in, delinquency court-specified commitment programs and
763	department-specified commitment programs.
764	5.  The number of youth who complete, and who are otherwise
765	released from, delinquency court-specified commitment programs
766	and department-specified commitment programs.
767	6.  Educational achievements made by youth while
768	participating in delinquency court-specified commitment programs
769	and department-specified commitment programs.
770	7.  The number of youth who are taken into custody for a
771	felony or misdemeanor within 6 months following completion of
772	delinquency court-specified commitment programs and department-
773	specified commitment programs.
774	(b)  Before August 31, 2006:
775	1.  The department, in consultation with the Office of
776	Program Policy Analysis and Government Accountability, shall
777	develop reporting protocols to collect and maintain data
778	necessary for the report required by this subsection.
779	2.  The Office of Program Policy Analysis and Government
780	Accountability, in consultation with staff of the appropriate
781	substantive and fiscal committees of the Legislature, shall
782	develop common terminology and operational definitions for the
783	measurement of data necessary for the report required by this
784	subsection.
785	(c)  The reports required under paragraph (a) to be
786	submitted on January 1, 2009, and January 1, 2010, must also
787	include:
788	1.  Findings by the Office of Program Policy Analysis and
789	Government Accountability, the department, and delinquency
790	courts regarding the benefits and disadvantages of authorizing
791	courts to select commitment programs.
792	2.  Recommendations by the Office of Program Policy
793	Analysis and Government Accountability, the department, and
794	delinquency courts, if found to be warranted, for amendments to
795	current statutes addressing commitment.
796	(7)  This section is repealed effective July 1, 2010.
797	Section 11.  This act shall take effect July 1, 2006.

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