HB 5019

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 985.207,
3	F.S.; permitting a law enforcement officer to take a child
4	into custody for a violation of adjudication order
5	conditions; amending s. 985.215, F.S.; permitting
6	specified types of postadjudication detention for a child
7	who has previously failed to appear at delinquency court
8	proceedings regardless of risk assessment instrument
9	results; providing exceptions that permit postadjudication
10	detention until the child's disposition order is entered
11	in his or her case; conforming cross-references; amending
12	s. 985.2155, F.S.; revising the definition of the term
13	"fiscally constrained county" for purposes of determining
14	state payment of costs of juvenile detention care;
15	amending s. 985.228, F.S.; requiring the court to include
16	specified conditions in a child's order of adjudication of
17	delinquency that apply during the postadjudication and
18	predisposition period; providing a definition; permitting
19	a court to find a child in contempt of court for a
20	violation of adjudication order conditions; providing
21	sanctions; amending s. 985.231, F.S.; conforming cross-
22	references; amending s. 985.308, F.S.; providing for
23	evaluations of juvenile sexual offender programs;
24	conforming cross-references; repealing s. 985.309, F.S.,
25	relating to boot camps for children; creating s. 985.3091,
26	F.S.; authorizing the department to contract for sheriff's
27	training and respect programs; providing eligibility
28	requirements for children placed in the programs;
29	specifying required program offerings; specifying program
30	participation time frames; requiring the department to
31	adopt rules and maintain specified records; providing for
32	quarterly evaluations of and contract cancellation under
33	specified circumstances; specifying staff training
34	requirements; requiring the department to adopt training
35	rules; prohibiting the provision of direct care to
36	children by staff who have not complied with training
37	requirements; prohibiting the operation of a program until
38	department rules are adopted and the department has
39	verified program compliance with applicable law and rules;
40	authorizing emergency rules to expedite implementation;
41	amending s. 985.311, F.S.; requiring the establishment of
42	minimum thresholds for evaluations; conforming cross-
43	references; amending s. 985.404, F.S.; providing for the
44	inclusion of evaluations in department contract
45	cooperative agreements; conforming cross-references;
46	creating s. 985.4055, F.S.; providing definitions;
47	requiring the department to adopt rules establishing a
48	protective action response policy; specifying when verbal
49	and physical intervention techniques may be used;
50	specifying prohibited uses of mechanical restraints;
51	prohibiting use of aerosol and chemical agents; requiring
52	the department to adopt rules establishing protection
53	action response training curriculums and certification
54	procedures; requiring department and provider employees to
55	be certified in protective action response prior to
56	exercising direct care; creating s. 985.4056, F.S.;
57	creating the Juvenile Justice Accountability Commission;
58	providing for membership; providing definitions; providing
59	for meetings and voting requirements; providing for an
60	executive director and staff; providing for commission's
61	budget; providing for reimbursement of per diem and travel
62	expenses; requiring the commission to contract for a
63	comprehensive evaluation and accountability system for
64	juvenile justice programs; providing requirements for the
65	system; requiring a report by the system provider;
66	specifying commission duties; requiring a report by the
67	commission; providing for termination of juvenile justice
68	programs in specified circumstances; requiring the
69	commission to adopt rules; amending s. 985.412, F.S.;
70	deleting department's authority to establish a
71	comprehensive quality assurance system; providing
72	conforming changes; deleting obsolete provisions relating
73	to incentive and disincentive proposals and liquidated
74	damages; amending ss. 958.04, 958.046, 985.31, 985.314,
75	and 985.315, F.S.; conforming cross-references and
76	terminology; providing an effective date.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  Paragraph (e) is added to subsection (1) of
81	section 985.207, Florida Statutes, to read:
82	985.207  Taking a child into custody.--
83	(1)  A child may be taken into custody under the following
84	circumstances:
85	(e)  When a law enforcement officer has probable cause to
86	believe that a child who is awaiting disposition has violated
87	conditions imposed by the court under s. 985.228(5) in his or
88	her order of adjudication of delinquency.
89
90	Nothing in this subsection shall be construed to allow the
91	detention of a child who does not meet the detention criteria in
92	s. 985.215.
93	Section 2.  Subsection (2) and paragraphs (d) and (g) of
94	subsection (5) of section 985.215, Florida Statutes, are amended
95	to read:
96	985.215  Detention.--
97	(2)  Subject to the provisions of subsection (1), a child
98	taken into custody and placed into nonsecure or home detention
99	care or detained in secure detention care prior to a detention
100	hearing may continue to be detained by the court if:
101	(a)  The child is alleged to be an escapee from a
102	residential commitment program, or an absconder from a
103	nonresidential commitment program, a probation program, or
104	conditional release supervision, or is alleged to have escaped
105	while being lawfully transported to or from a residential
106	commitment program.
107	(b)  The child is wanted in another jurisdiction for an
108	offense which, if committed by an adult, would be a felony.
109	(c)  The child is charged with a delinquent act or
110	violation of law and requests in writing through legal counsel
111	to be detained for protection from an imminent physical threat
112	to his or her personal safety.
113	(d)  The child is charged with committing an offense of
114	domestic violence as defined in s. 741.28 and is detained as
115	provided in s. 985.213(2)(b)3.
116	(e)  The child is charged with possession or discharging a
117	firearm on school property in violation of s. 790.115.
118	(f)  The child is charged with a capital felony, a life
119	felony, a felony of the first degree, a felony of the second
120	degree that does not involve a violation of chapter 893, or a
121	felony of the third degree that is also a crime of violence,
122	including any such offense involving the use or possession of a
123	firearm.
124	(g)  The child is charged with any second degree or third
125	degree felony involving a violation of chapter 893 or any third
126	degree felony that is not also a crime of violence, and the
127	child:
128	1.  Has a record of failure to appear at court hearings
129	after being properly notified in accordance with the Rules of
130	Juvenile Procedure;
131	2.  Has a record of law violations prior to court hearings;
132	3.  Has already been detained or has been released and is
133	awaiting final disposition of the case;
134	4.  Has a record of violent conduct resulting in physical
135	injury to others; or
136	5.  Is found to have been in possession of a firearm.
137	(h)  The child is alleged to have violated the conditions
138	of the child's probation or conditional release supervision.
139	However, a child detained under this paragraph may be held only
140	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
141	consequence unit is not available, the child shall be placed on
142	home detention with electronic monitoring.
143	(i)  The child is detained on a judicial order for failure
144	to appear and has previously willfully failed to appear, after
145	proper notice, for an adjudicatory hearing on the same case
146	regardless of the results of the risk assessment instrument. A
147	child may be held in secure detention for up to 72 hours in
148	advance of the next scheduled court hearing pursuant to this
149	paragraph. The child's failure to keep the clerk of court and
150	defense counsel informed of a current and valid mailing address
151	where the child will receive notice to appear at court
152	proceedings does not provide an adequate ground for excusal of
153	the child's nonappearance at the hearings.
154	(j)  The child is detained on a judicial order for failure
155	to appear and has previously willfully failed to appear, after
156	proper notice, at two or more court hearings of any nature on
157	the same case regardless of the results of the risk assessment
158	instrument. A child may be held in secure detention for up to 72
159	hours in advance of the next scheduled court hearing pursuant to
160	this paragraph. The child's failure to keep the clerk of court
161	and defense counsel informed of a current and valid mailing
162	address where the child will receive notice to appear at court
163	proceedings does not provide an adequate ground for excusal of
164	the child's nonappearance at the hearings.
165	(k)  At his or her adjudicatory hearing, the child has been
166	found to have committed a delinquent act or violation of law and
167	has previously willfully failed to appear, after proper notice,
168	for other delinquency court proceedings of any nature regardless
169	of the results of the risk assessment instrument. A child may be
170	held in secure detention or, at the discretion of the court and
171	if available, placed on home detention with electronic
172	monitoring until the child's disposition order is entered in his
173	or her case. The child's failure to keep the clerk of court and
174	defense counsel informed of a current and valid mailing address
175	where the child will receive notice to appear at court
176	proceedings does not provide an adequate ground for excusal of
177	the child's nonappearance at the hearings.
178
179	A child who meets any of these criteria and who is ordered to be
180	detained pursuant to this subsection shall be given a hearing
181	within 24 hours after being taken into custody. The purpose of
182	the detention hearing is to determine the existence of probable
183	cause that the child has committed the delinquent act or
184	violation of law with which he or she is charged and the need
185	for continued detention, except where the child is alleged to
186	have absconded from a nonresidential commitment program in which
187	case the court, at the detention hearing, shall order that the
188	child be released from detention and returned to his or her
189	nonresidential commitment program. Unless a child is detained
190	under paragraph (d), or paragraph (e), or paragraph (k), the
191	court shall use the results of the risk assessment performed by
192	the juvenile probation officer and, based on the criteria in
193	this subsection, shall determine the need for continued
194	detention. A child placed into secure, nonsecure, or home
195	detention care may continue to be so detained by the court
196	pursuant to this subsection. If the court orders a placement
197	more restrictive than indicated by the results of the risk
198	assessment instrument, the court shall state, in writing, clear
199	and convincing reasons for such placement. Except as provided in
200	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
201	paragraph (10)(c), or paragraph (10)(d), when a child is placed
202	into secure or nonsecure detention care, or into a respite home
203	or other placement pursuant to a court order following a
204	hearing, the court order must include specific instructions that
205	direct the release of the child from such placement no later
206	than 5 p.m. on the last day of the detention period specified in
207	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
208	whichever is applicable, unless the requirements of such
209	applicable provision have been met or an order of continuance
210	has been granted pursuant to paragraph (5)(f).
211	(5)
212	(d)  Except as provided in paragraph (2)(k), paragraph (g),
213	or s. 985.228(5), a child may not be held in secure, nonsecure,
214	or home detention care for more than 15 days following the entry
215	of an order of adjudication.
216	(g)  Upon good cause being shown that the nature of the
217	charge requires additional time for the prosecution or defense
218	of the case, the court may extend the time limits for detention
219	specified in paragraph (c) or paragraph (d) an additional 9 days
220	if the child is charged with an offense that would be, if
221	committed by an adult, a capital felony, a life felony, a felony
222	of the first degree, or a felony of the second degree involving
223	violence against any individual.
224	Section 3.  Paragraph (b) of subsection (2) of section
225	985.2155, Florida Statutes, is amended to read:
226	985.2155  Shared county and state responsibility for
227	juvenile detention.--
228	(2)  As used in this section, the term:
229	(b)  "Fiscally constrained county" means a county
230	designated as a rural area of critical economic concern under s.
231	288.0656 for which the value of a mill in the county is no more
232	than $4 $3 million, based on the property valuations and tax
233	data annually published by the Department of Revenue under s.
234	195.052.
235	Section 4.  Subsection (5) of section 985.228, Florida
236	Statutes, is amended to read:
237	985.228  Adjudicatory hearings; withheld adjudications;
238	orders of adjudication.--
239	(5)(a)  If the court finds that the child named in a
240	petition has committed a delinquent act or violation of law, but
241	elects not to proceed under subsection (4), it shall incorporate
242	that finding in an order of adjudication of delinquency entered
243	in the case, briefly stating the facts upon which the finding is
244	made, and the court shall thereafter have full authority under
245	this chapter to deal with the child as adjudicated.
246	(b)  The order of adjudication of delinquency under
247	paragraph (a) shall also include conditions that must be
248	followed by the child until a disposition order is entered in
249	his or her case. These conditions must include, but are not
250	limited to, specifying that the child, during any period of time
251	that he or she:
252	1.  Is not in secure detention, must comply with a curfew;
253	must attend school or another educational program, if eligible;
254	and is prohibited from engaging in ungovernable behavior.
255	2.  Is in secure detention, is prohibited from engaging in
256	ungovernable behavior.
257	(c)  For purposes of this subsection, the term
258	"ungovernable behavior" means:
259	1.  The child's failing to obey the reasonable and lawful
260	demands of the child's parent or legal guardian and, where
261	applicable, the reasonable and lawful demands of a person
262	responsible for supervising the child while he or she is in
263	school, another educational program, or secure detention.
264	2.  The child engaging in behavior that evidences a risk
265	that the child may fail to appear for future court proceedings
266	or may inflict harm upon others or the property of others.
267	3.  Other behavior of the child as specified in writing by
268	the court in the order of adjudication of delinquency.
269	(d)  If a child willfully violates a condition contained in
270	his or her order of adjudication of delinquency, the court may
271	find the child in direct or indirect contempt of court under s.
272	985.216; however, notwithstanding s. 985.216 and the results of
273	the risk assessment instrument, the child's sanctions for such
274	contempt of court shall be placement in secure detention or, at
275	the discretion of the court and if available, on home detention
276	with electronic monitoring until the child's disposition order
277	is entered in his or her case.
278	Section 5.  Paragraph (j) of subsection (1) of section
279	985.231, Florida Statutes, is amended to read:
280	985.231  Powers of disposition in delinquency cases.--
281	(1)
282	(j)  If the offense committed by the child was grand theft
283	of a motor vehicle, the court:
284	1.  Upon a first adjudication for a grand theft of a motor
285	vehicle, may place the child youth in a sheriff's training and
286	respect program boot camp, unless the child is ineligible under
287	s. 985.3091 pursuant to s. 985.309, and shall order the child
288	youth to complete a minimum of 50 hours of community service.
289	2.  Upon a second adjudication for grand theft of a motor
290	vehicle which is separate and unrelated to the previous
291	adjudication, may place the child youth in a sheriff's training
292	and respect program boot camp, unless the child is ineligible
293	under s. 985.3091 pursuant to s. 985.309, and shall order the
294	child youth to complete a minimum of 100 hours of community
295	service.
296	3.  Upon a third adjudication for grand theft of a motor
297	vehicle which is separate and unrelated to the previous
298	adjudications, shall place the child youth in a sheriff's
299	training and respect program boot camp or other treatment
300	program, unless the child is ineligible under s. 985.3091
301	pursuant to s. 985.309, and shall order the child youth to
302	complete a minimum of 250 hours of community service.
303	Section 6.  Subsection (9) of section 985.308, Florida
304	Statutes, is amended to read:
305	985.308  Juvenile sexual offender commitment programs;
306	sexual abuse intervention networks.--
307	(9)  Evaluations under s. 985.4056(5)(a) of The department
308	shall conduct inspections of and quality assurance activities
309	for each juvenile sexual offender program operated by or under
310	contract with the department, shall be conducted based on
311	standards specifically developed for these types of programs, to
312	determine whether the program complies with department rules for
313	continued operation of the program.
314	Section 7.  Section 985.309, Florida Statutes, is repealed.
315	Section 8.  Section 985.3091, Florida Statutes, is created
316	to read:
317	985.3091  Sheriff's training and respect programs.--
318	(1)  Contingent upon specific appropriation, local funding,
319	or specific appropriation and local funding, a county sheriff
320	may, under contract with the department, implement and operate a
321	sheriff's training and respect program to provide intensive
322	educational, work, and physical training and rehabilitation for
323	children who are eligible under subsection (2). A sheriff's
324	training and respect program shall be under the sheriff's
325	supervisory jurisdiction and authority as determined by the
326	contract between the department and the sheriff.
327	(2)  A child is eligible for placement in a sheriff's
328	training and respect program if he or she:
329	(a)  Is at least 14 years of age but less than 18 years of
330	age at the time of adjudication.
331	(b)  Has been committed to the department for any offense
332	that, if committed by an adult, would be a felony other than a
333	capital felony, a life felony, or a violent felony of the first
334	degree.
335	(c)  Has a medical, psychological, and substance abuse
336	profile that is conducive to successful completion of the
337	program, as determined by preadmission medical, psychological,
338	and substance abuse screenings conducted by the sheriff.
339	(d)  Will be placed in the judicial circuit in which the
340	child was adjudicated, except that the child may be placed
341	outside of that judicial circuit if:
342	1.  The department, or the court if otherwise authorized by
343	law to select a commitment program within a restrictiveness
344	level for a child, determines that placement within the judicial
345	circuit would not be in the child's best interest or the
346	sheriff's training and respect program is unable to accept the
347	child; and
348	2.  The child's parent or guardian agrees in writing to the
349	placement.
350	(3)  A sheriff's training and respect program shall require
351	children to:
352	(a)  Participate in physical training exercises.
353	(b)  Complete educational, vocational, and substance abuse
354	programs.
355	(c)  Receive training in life and job skills and in
356	techniques for appropriate decisionmaking.
357	(d)  Receive counseling that is directed at replacing
358	criminal thinking, beliefs, and values with moral thinking,
359	beliefs, and values.
360	(4)  A sheriff's training and respect program must provide
361	a residential component and conditional release assessment and
362	services in accordance with s. 985.316. The minimum period of
363	participation in the residential component of:
364	(a)  A low-risk residential program is 2 months.
365	(b)  A moderate-risk residential program is 4 months.
366
367	This subsection does not prohibit operation of a program that
368	requires the participants to spend more than 4 months in the
369	residential component of the program or that requires the
370	participants to complete two sequential programs of 4 months
371	each in the residential component of the program.
372	(5)  The department shall adopt rules under ss. 120.536(1)
373	and 120.54 for the sheriff's training and respect program that
374	specify:
375	(a)  Requirements for the preadmission medical,
376	psychological, and substance abuse screenings required by
377	subsection (2).
378	(b)  Authorized disciplinary sanctions and restrictions on
379	the privileges of the general population of children in the
380	program. The rules must prohibit the use of physical force or
381	restraint except as authorized in rules adopted pursuant to s.
382	985.4055 and must specifically preclude the use of physical
383	force or restraint as a disciplinary sanction or to encourage
384	compliance with program requirements.
385	(c)  Prohibitions on the use of psychological intimidation
386	techniques, unless necessary for the safety of youth or other
387	persons or to maintain security.
388	(d)  Requirements for provision of notice by the program to
389	the department and for the removal of a child from the program
390	if the child becomes unmanageable or ineligible for the program
391	due to changes in his or her medical, psychological, or
392	substance abuse profile.
393	(e)  Requirements for the prominent display of the
394	telephone number of the statewide abuse registry and for
395	immediate access by children in the program, upon request, to a
396	telephone for the purpose of contacting the abuse registry.
397	(6)(a)  Evaluations under s. 985.4056 of each sheriff's
398	training and respect program shall be conducted quarterly. If a
399	sheriff's training and respect program fails to meet the minimum
400	thresholds for program continuation, the department shall cancel
401	the contract for the program:
402	1.  Immediately if the program has a deficiency in a
403	critical life safety aspect of its operations, as defined in a
404	rule adopted under s. 985.4056, or has failed to train and
405	certify its employees as required in s. 985.4055.
406	2.  If the program fails to achieve compliance with the
407	minimum thresholds for program continuation within 3 months,
408	unless there are documented extenuating circumstances, as
409	defined in a rule adopted under s. 985.4056.
410	(b)  Upon cancellation of a contract under paragraph (a),
411	the program's operations shall immediately cease and the
412	department shall immediately discontinue any state payments to
413	the program.
414	(7)  The department shall keep records and monitor criminal
415	activity, educational progress, and employment placement of all
416	sheriff's training and respect program participants after their
417	release from the program. The department must annually publish
418	an outcome evaluation study of each sheriff's training and
419	respect program.
420	(8)(a)  The department shall adopt rules under ss.
421	120.536(1) and 120.54 that establish training requirements for
422	staff in a sheriff's training and respect program. These
423	requirements shall, at a minimum, require administrative staff
424	to successfully complete 120 contact hours of department-
425	approved training and staff who provide direct care, as defined
426	in s. 985.4055, to successfully complete 200 contact hours of
427	department-approved training.
428	(b)  Department-approved training must include, but is not
429	limited to, training on:
430	1.  State and federal laws relating to child abuse.
431	2.  Authorized disciplinary sanctions, privilege
432	restrictions, and limitations on use of physical force and
433	restraint techniques under paragraph (5)(b) and prohibited
434	psychological intimidation techniques under paragraph (5)(c).
435	3.  Appropriate counseling techniques and aggression
436	control methods.
437	4.  Appropriate methods for dealing with children who have
438	been placed in programs that emphasize physical fitness and
439	personal discipline, including training on the identification
440	of, and appropriate responses to, children who are experiencing
441	physical or mental distress.
442	5.  Cardiopulmonary resuscitation, choke-relief, and other
443	emergency medical procedures.
444	(c)  All department-approved training courses under this
445	subsection must be taught by persons who are certified as
446	instructors by the Division of Criminal Justice Standards and
447	Training of the Department of Law Enforcement and who have prior
448	experience in a juvenile program. A training course in
449	counseling techniques need not be taught by a certified
450	instructor but must be taught by a person who has at least a
451	bachelor's degree in social work, counseling, psychology, or a
452	related field.
453	(d)  A person may not provide direct care, as defined in s.
454	985.4055, to a child in a sheriff's training and respect program
455	until he or she has successfully completed the training
456	requirements under this subsection and the certification
457	requirements under s. 985.4055.
458	(9)  Children shall not be admitted to a sheriff's training
459	and respect program until the department has adopted the rules
460	required by this section and has verified that each program is
461	in compliance with all laws and rules applicable to the program.
462	The department may adopt emergency rules pursuant to s.
463	120.54(4) if necessary to allow operation of sheriff's training
464	and respect programs beginning July 1, 2006.
465	Section 9.  Paragraph (e) of subsection (2) and paragraph
466	(i) of subsection (3) of section 985.311, Florida Statutes, are
467	amended to read:
468	985.311  Intensive residential treatment program for
469	offenders less than 13 years of age.--
470	(2)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR OFFENDERS
471	LESS THAN 13 YEARS OF AGE.--
472	(e)  Minimum thresholds The department shall be established
473	under s. 985.4056(5)(a) establish quality assurance standards to
474	ensure the quality and substance of mental health services
475	provided to children with mental, nervous, or emotional
476	disorders who may be committed to intensive residential
477	treatment programs. The minimum thresholds quality assurance
478	standards shall address the possession of credentials by the
479	mental health service providers.
480	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
481	TREATMENT.--
482	(i)  The treatment and placement recommendations shall be
483	submitted to the court for further action pursuant to this
484	paragraph:
485	1.  If it is recommended that placement in an intensive
486	residential treatment program for offenders less than 13 years
487	of age is inappropriate, the court shall make an alternative
488	disposition pursuant to s. 985.3091 985.309 or other alternative
489	sentencing as applicable, utilizing the recommendation as a
490	guide.
491	2.  If it is recommended that placement in an intensive
492	residential treatment program for offenders less than 13 years
493	of age is appropriate, the court may commit the child to the
494	department for placement in the restrictiveness level designated
495	for intensive residential treatment program for offenders less
496	than 13 years of age.
497	Section 10.  Paragraph (d) of subsection (10) of section
498	985.404, Florida Statutes, is amended to read:
499	985.404  Administering the juvenile justice continuum.--
500	(10)
501	(d)  Each programmatic, residential, and service contract
502	or agreement entered into by the department must include a
503	cooperation clause for purposes of complying with the evaluation
504	requirements under s. 985.4056(5)(a) and the department's
505	quality assurance requirements, cost-accounting requirements,
506	and the program outcome evaluation requirements.
507	Section 11.  Section 985.4055, Florida Statutes, is created
508	to read:
509	985.4055  Protective action response.--
510	(1)  For purposes of this section, the term:
511	(a)  "Direct care" means the care, supervision, custody, or
512	control of youth in any facility, service, or program that is
513	operated by the department or by a provider under contract with
514	the department.
515	(b)  "Employee" means any person who exercises direct care.
516	(c)  "Protective Action Response policy" means the policy
517	governing the use of verbal and physical intervention
518	techniques, mechanical restraints, and aerosol and chemical
519	agents by employees.
520	(2)  The department shall adopt rules under ss. 120.536(1)
521	and 120.54 that:
522	(a)  Establish a Protective Action Response policy that:
523	1.  Defines the authorized level of response by an employee
524	to each level of verbal or physical resistance by a youth.
525	2.  Requires the use of verbal intervention techniques as
526	the initial response by an employee to verbal or physical
527	resistance by a youth, except where physical intervention
528	techniques are necessary to prevent:
529	a.  Physical harm to the youth, employee, or another
530	person;
531	b.  Property damage; or
532	b.  The youth from escaping or absconding from lawful
533	supervision.
534	3.  Defines authorized physical intervention techniques and
535	the situations under which employees may use these techniques
536	for youth. Pain compliance techniques and other use of force
537	less than lethal force shall be prohibited, except where
538	necessary to prevent:
539	a.  Physical harm to the youth, employee, or another
540	person;
541	b.  Property damage; or
542	c.  The youth from escaping or absconding from lawful
543	supervision.
544
545	Lethal force shall be prohibited, except where necessary to
546	protect the employee or another person from an imminent threat
547	of great bodily harm or death. Prior authorization by an
548	employee's supervisor for the use of physical intervention
549	techniques shall be obtained when practical.
550	4.  Defines authorized use of mechanical restraints and the
551	situations under which employees may use such restraints on
552	youth. Prohibited uses of mechanical restraints shall include
553	the use of neck restraints and the securing of a youth to a
554	fixed object. Supervision requirements for youth who are secured
555	in mechanical restraints shall include constant and direct
556	visual monitoring by an employee for purposes of insuring youth
557	safety and ascertaining indications by the youth that restraints
558	are no longer necessary. Prior authorization by an employee's
559	supervisor for the use of mechanical restraints shall be
560	obtained when practical.
561	5.  Prohibits employee use of aerosol or chemical agents,
562	including, but not limited to, oleoresin capsicum spray and
563	ammonia capsules, on a youth unless required for medical
564	treatment of the youth by a licensed medical professional.
565	(b)  Establish training curriculums for protective action
566	response certification of employees and instructors. The
567	training curriculum for employee certification shall, at a
568	minimum, require the employee to obtain a passing score:
569	1.  On a written examination that tests the employee's
570	knowledge and understanding of the protective action response
571	policy.
572	2.  During an evaluation by an instructor of the employee's
573	physically demonstrated ability to implement the protective
574	action response policy.
575	(c)  Require training curriculums for protective action
576	response certification of employees to be taught by instructors
577	who have been certified under the training curriculum for
578	protective action response certification of instructors.
579	(d)  Require each employee to have received his or her
580	protective action response certification prior to exercising
581	direct care.
582	Section 12.  Section 985.4056, Florida Statutes, is created
583	to read:
584	985.4056  Juvenile Justice Accountability Commission.--
585	(1)  CREATION; MEMBERSHIP.--
586	(a)  The Juvenile Justice Accountability Commission is
587	created and administratively housed within the department. The
588	commission shall be composed of seven members appointed by the
589	Governor. Each member of the commission must have direct
590	experience in juvenile justice issues and must be a citizen of
591	and registered voter in this state. The composition of the
592	commission must equitably represent all geographic areas of the
593	state and include minorities and women.
594	(b)  Within the 2-year period preceding his or her
595	appointment, a member of the commission may not have been, and
596	during the 2-year period following termination of his or her
597	appointment, a member of the commission may not be:
598	1.  An employee of, a consultant to, or a provider under
599	contract with the department.
600	2.  A contractor, or an employee or a consultant thereof,
601	who submits a bid, proposal, or reply in response to a
602	competitive solicitation issued by the commission.
603	(c)  Each member of the commission shall serve a term of 4
604	years; however, for the purpose of providing staggered terms, of
605	the initial appointments, three members shall serve 2-year terms
606	and four members shall serve 4-year terms. Any vacancy on the
607	commission shall be filled in the same manner as the original
608	appointment within 60 days after the date upon which the vacancy
609	occurred, and any member appointed to fill a vacancy shall serve
610	only for the unexpired term of the member's predecessor. The
611	chairperson of the commission shall be selected by the members
612	for a term of 1 year.
613	(2)  DEFINITIONS.--For purposes of this section, the term:
614	(a)  "Juvenile justice program" means any facility,
615	service, or program that is operated by the department or by a
616	provider under contract with the department.
617	(b)  "Minorities" means a member of a socially or
618	economically disadvantaged group and includes African Americans,
619	Hispanics, and American Indians.
620	(3)  MEETINGS.--
621	(a)  The commission shall hold a minimum of four regular
622	meetings annually, and other meetings may be called by the chair
623	upon giving at least 7 days' notice to all members and the
624	public pursuant to chapter 120. Meetings may also be held upon
625	the written request of at least four members, upon at least 7
626	days' notice of such meeting being given to all members and the
627	public by the chair pursuant to chapter 120. Emergency meetings
628	may be held without notice upon the request of all members. The
629	meetings of the commission shall be held in the central office
630	of the department in Tallahassee unless the chair determines
631	that special circumstances warrant meeting at another location.
632	(b)  A majority of the membership of the commission
633	constitutes a quorum and a quorum is required for any meeting of
634	the commission during which action will be voted upon. An action
635	of the commission is not binding unless the action is taken
636	pursuant to an affirmative vote of a majority of the members
637	present and the vote must be recorded in the minutes of the
638	meeting.
639	(c)  A member of the commission may not authorize a
640	designee to attend a meeting of the commission in his or her
641	place. A member who fails to attend two consecutive regularly
642	scheduled meetings of the commission, unless the member is
643	excused by the chairperson, shall be deemed to have abandoned
644	the position, and the position shall be declared vacant by the
645	commission.
646	(d)  The chairperson shall cause to be made a complete
647	record of the proceedings of the commission, which record shall
648	be open for public inspection.
649	(4)  ORGANIZATION.--
650	(a)  The commission, subject to appropriation, may employ
651	an executive director and other staff, and may retain
652	consultants, as necessary. No person employed or retained by the
653	commission under this paragraph may have served in a position
654	under paragraph (1)(b) within the 2-year period preceding his or
655	her employment or retention, nor may such person serve in a
656	position under paragraph (1)(b) within the 2-year period
657	following his or her termination from the commission.
658	(b)  The commission shall be a separate budget entity, and
659	the executive director shall be the chief administrative
660	officer. The department shall provide administrative support and
661	service to the commission to the extent requested by the
662	executive director. The commission and its staff are not subject
663	to the control, supervision, or direction of the department.
664	(c)  The commission shall develop a budget pursuant to
665	chapter 216. The budget is not subject to change by the
666	department and shall be submitted to the Governor and
667	Legislature as provided in s. 216.023.
668	(d)  Members of the commission shall serve without
669	compensation, but are entitled to reimbursement for per diem and
670	travel expenses under s. 112.061.
671	(5)  DUTIES.--The commission shall:
672	(a)  On or before October, 1, 2006 and subject to
673	appropriation, enter into a contract under chapter 287 for the
674	development and implementation of a comprehensive evaluation and
675	accountability system for each juvenile justice program. The
676	contract for the system must require the provider to:
677	1.  Develop a standardized evaluation protocol based upon
678	best practices for juvenile justice programs that includes
679	minimum thresholds for program continuation and that identifies
680	program effectiveness and areas in need of expansion,
681	improvement, modification or elimination.
682	2.  Continually review best practices literature and update
683	the standardized evaluation protocol based upon that review.
684	3.  Conduct annual or more frequent evaluations of each
685	juvenile justice program, except that evaluations of sheriff's
686	training and respect programs under s. 985.3091 shall be
687	conducted quarterly. The date and time of the evaluations shall
688	not be announced to the juvenile justice program.
689	4.  Notify the chair of the commission and the secretary of
690	the department within 24 hours of a juvenile justice program's
691	failure to meet minimum thresholds for program continuation
692	during an evaluation.
693	5.  Submit a report to the Governor, the appropriate
694	substantive and fiscal committees of the Legislature, and the
695	secretary of the department on or before January 1st each year
696	that contains, at a minimum, for each juvenile justice program:
697	a.  A comprehensive description of the population served by
698	the program.
699	b.  A specific description of the services provided by the
700	program.
701	c.  Program cost.
702	d.  A comparison of expenditures to federal and state
703	funding.
704	e.  Immediate and long-range program concerns.
705	f.  Recommendations to maintain, expand, improve, modify,
706	or eliminate the program.
707	(b)  Monitor the development and implementation of long-
708	range juvenile justice program policies, including prevention,
709	early intervention, diversion, adjudication, and commitment.
710	(c)  Review and recommend programmatic and fiscal policies
711	governing the operation of juvenile justice programs.
712	(d)  Serve as a clearinghouse, in coordination with the
713	department, to provide information and assistance to the
714	juvenile justice circuit boards and juvenile justice county
715	councils.
716	(e)  Advise the President of the Senate, the Speaker of the
717	House of Representatives, the Governor, and the department on
718	matters relating to this chapter.
719	(f)  Conduct such other activities as the commission may
720	determine are necessary and appropriate to monitor the
721	effectiveness of the delivery of juvenile justice under this
722	chapter.
723	(g)  Submit an annual report to the Governor, the
724	appropriate substantive and fiscal committees of the
725	Legislature, and the secretary of the department no later than
726	January 1st of each year that summarizes the meetings and
727	activities of the commission during the preceding year and
728	includes any recommendations of the commission for the following
729	year.
730	(6)  PROGRAM TERMINATION.--
731	(a)  If a juvenile justice program operated by the
732	department fails to meet minimum thresholds for program
733	continuation during an evaluation under paragraph (5)(a), the
734	program's operations shall be:
735	1.  Immediately terminated if the program has a deficiency
736	in a critical life safety aspect of its operations, as defined
737	in commission rule, or if the department has failed to train and
738	certify program employees as required in s. 985.4055.
739	2.  Terminated if the department fails to achieve
740	compliance with the minimum thresholds for program continuation
741	within 6 months, unless there are documented extenuating
742	circumstances as defined in commission rule.
743	(b)  Each juvenile justice program contract entered into by
744	the department must:
745	1.  Provide for evaluations under paragraph (5)(a).
746	2.  State that if a provider fails to meet the established
747	minimum thresholds for program continuation that such failure
748	shall cause the department to cancel the provider's contract:
749	a.  Immediately if the provider has a deficiency in a
750	critical life safety aspect of its operations, as defined in
751	commission rule, or has failed to train and certify its
752	employees as required in s. 985.4055.
753	b.  If the provider fails to achieve compliance with the
754	minimum thresholds for program continuation within 6 months,
755	except as provided in s. 985.3091(6)(b), unless there are
756	documented extenuating circumstances as defined in commission
757	rule.
758	3.  State that, upon cancellation of a contract under this
759	paragraph, that the provider's operations shall immediately
760	cease, that the department will immediately discontinue any
761	state payments to the provider, and that the provider shall be
762	ineligible to contract with the department for the cancelled
763	service for a period of 12 months.
764	(7)  RULEMAKING.--The commission shall adopt rules pursuant
765	to ss. 120.536(1) and 120.54 to implement the provisions of this
766	section.
767	Section 13.  Paragraphs (a) and (e) of subsection (4) and
768	subsections (5), (6), and (7) of section 985.412, Florida
769	Statutes, are amended to read:
770	985.412  Department data collection and reporting Quality
771	assurance and cost-effectiveness.--
772	(4)(a)  The department of Juvenile Justice, in consultation
773	with the Office of Economic and Demographic Research, and
774	contract service providers, shall develop a cost-effectiveness
775	model and apply the model to each commitment program. Program
776	recidivism rates shall be a component of the model. The cost-
777	effectiveness model shall compare program costs to client
778	outcomes and program outputs. It is the intent of the
779	Legislature that continual development efforts take place to
780	improve the validity and reliability of the cost-effectiveness
781	model and to integrate the standard methodology developed under
782	s. 985.401(4) for interpreting program outcome evaluations.
783	(e)  Contingent upon specific appropriation, the
784	department, in consultation with the Office of Economic and
785	Demographic Research, and contract service providers, shall:
786	1.  Construct a profile of each commitment program that
787	uses the results of the quality assurance report required by
788	this section, the cost-effectiveness report required in this
789	subsection, and other reports available to the department.
790	2.  Target, for a more comprehensive evaluation, any
791	commitment program that has achieved consistently high, low, or
792	disparate ratings in the reports required under subparagraph 1.
793	3.  Identify the essential factors that contribute to the
794	high, low, or disparate program ratings.
795	4.  Use the results of these evaluations in developing or
796	refining juvenile justice programs or program models, client
797	outcomes and program outputs, provider contracts, quality
798	assurance standards, and the cost-effectiveness model.
799	(5)  The department shall:
800	(a)  Establish a comprehensive quality assurance system for
801	each program operated by the department or operated by a
802	provider under contract with the department. Each contract
803	entered into by the department must provide for quality
804	assurance.
805	(b)  Provide operational definitions of and criteria for
806	quality assurance for each specific program component.
807	(c)  Establish quality assurance goals and objectives for
808	each specific program component.
809	(d)  Establish the information and specific data elements
810	required for the quality assurance program.
811	(e)  Develop a quality assurance manual of specific,
812	standardized terminology and procedures to be followed by each
813	program.
814	(f)  Evaluate each program operated by the department or a
815	provider under a contract with the department and establish
816	minimum thresholds for each program component. If a provider
817	fails to meet the established minimum thresholds, such failure
818	shall cause the department to cancel the provider's contract
819	unless the provider achieves compliance with minimum thresholds
820	within 6 months or unless there are documented extenuating
821	circumstances. In addition, the department may not contract with
822	the same provider for the canceled service for a period of 12
823	months. If a department-operated program fails to meet the
824	established minimum thresholds, the department must take
825	necessary and sufficient steps to ensure and document program
826	changes to achieve compliance with the established minimum
827	thresholds. If the department-operated program fails to achieve
828	compliance with the established minimum thresholds within 6
829	months and if there are no documented extenuating circumstances,
830	the department must notify the Executive Office of the Governor
831	and the Legislature of the corrective action taken. Appropriate
832	corrective action may include, but is not limited to:
833	1.  Contracting out for the services provided in the
834	program;
835	2.  Initiating appropriate disciplinary action against all
836	employees whose conduct or performance is deemed to have
837	materially contributed to the program's failure to meet
838	established minimum thresholds;
839	3.  Redesigning the program; or
840	4.  Realigning the program.
841
842	The department shall submit an annual report to the President of
843	the Senate, the Speaker of the House of Representatives, the
844	Minority Leader of each house of the Legislature, the
845	appropriate substantive and fiscal committees of each house of
846	the Legislature, and the Governor, no later than February 1 of
847	each year. The annual report must contain, at a minimum, for
848	each specific program component: a comprehensive description of
849	the population served by the program; a specific description of
850	the services provided by the program; cost; a comparison of
851	expenditures to federal and state funding; immediate and long-
852	range concerns; and recommendations to maintain, expand,
853	improve, modify, or eliminate each program component so that
854	changes in services lead to enhancement in program quality. The
855	department shall ensure the reliability and validity of the
856	information contained in the report.
857	(5)(6)  The department shall collect and analyze available
858	statistical data for the purpose of ongoing evaluation of all
859	programs. The department shall provide the Legislature with
860	necessary information and reports to enable the Legislature to
861	make informed decisions regarding the effectiveness of, and any
862	needed changes in, services, programs, policies, and laws.
863	(7)  No later than November 1, 2001, the department shall
864	submit a proposal to the Legislature concerning funding
865	incentives and disincentives for the department and for
866	providers under contract with the department. The
867	recommendations for funding incentives and disincentives shall
868	be based upon both quality assurance performance and cost-
869	effectiveness performance. The proposal should strive to achieve
870	consistency in incentives and disincentives for both department-
871	operated and contractor-provided programs. The department may
872	include recommendations for the use of liquidated damages in the
873	proposal; however, the department is not presently authorized to
874	contract for liquidated damages in non-hardware-secure
875	facilities until January 1, 2002.
876	Section 14.  Subsections (4) and (5) of section 958.04,
877	Florida Statutes, are amended to read:
878	958.04  Judicial disposition of youthful offenders.--
879	(4)  Due to severe prison overcrowding, the Legislature
880	declares the construction of a basic training and respect
881	program facility is necessary to aid in alleviating an emergency
882	situation.
883	(5)  The department shall provide a special training
884	program for staff selected for the basic training and respect
885	program.
886	Section 15.  Section 958.046, Florida Statutes, is amended
887	to read:
888	958.046  Placement in county-operated boot camp programs
889	for youthful offenders.--In counties where there are county-
890	county-operated youthful offender boot camp programs, other than
891	programs boot camps described in s. 958.04 or s. 985.3091
892	985.309, the court may sentence a youthful offender to such a
893	program boot camp. In county-operated youthful offender boot
894	camp programs, juvenile offenders shall not be commingled with
895	youthful offenders.
896	Section 16.  Paragraph (i) of subsection (3) of section
897	985.31, Florida Statutes, is amended to read:
898	985.31  Serious or habitual juvenile offender.--
899	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
900	TREATMENT.--
901	(i)  The treatment and placement recommendations shall be
902	submitted to the court for further action pursuant to this
903	paragraph:
904	1.  If it is recommended that placement in a serious or
905	habitual juvenile offender program or facility is inappropriate,
906	the court shall make an alternative disposition pursuant to s.
907	985.3091 985.309 or other alternative sentencing as applicable,
908	using utilizing the recommendation as a guide.
909	2.  If it is recommended that placement in a serious or
910	habitual juvenile offender program or facility is appropriate,
911	the court may commit the child to the department for placement
912	in the restrictiveness level designated for serious or habitual
913	delinquent children programs.
914	Section 17.  Section 985.314, Florida Statutes, is amended
915	to read:
916	985.314  Commitment programs for juvenile felony
917	offenders.--
918	(1)  Notwithstanding any other law and regardless of the
919	child's age, a child who is adjudicated delinquent, or for whom
920	adjudication is withheld, for an act that would be a felony if
921	committed by an adult, shall be committed to:
922	(a)  A sheriff's training and respect boot camp program
923	under s. 985.3091 s. 985.309 if the child has participated in an
924	early delinquency intervention program as provided in s.
925	985.305.
926	(b)  A program for serious or habitual juvenile offenders
927	under s. 985.31 or an intensive residential treatment program
928	for offenders less than 13 years of age under s. 985.311, if the
929	child has participated in an early delinquency intervention
930	program and has completed a sheriff's training and respect boot
931	camp program.
932	(c)  A maximum-risk residential program, if the child has
933	participated in an early delinquency intervention program, has
934	completed a sheriff's training and respect boot camp program,
935	and has completed a program for serious or habitual juvenile
936	offenders or an intensive residential treatment program for
937	offenders less than 13 years of age. The commitment of a child
938	to a maximum-risk residential program must be for an
939	indeterminate period, but may not exceed the maximum term of
940	imprisonment that an adult may serve for the same offense.
941	(2)  In committing a child to the appropriate program, the
942	court may consider an equivalent program of similar intensity as
943	being comparable to a program required under subsection (1).
944	Section 18.  Paragraph (b) of subsection (4) of section
945	985.315, Florida Statutes, is amended to read:
946	985.315  Educational and career-related programs.--
947	(4)
948	(b)  Evaluations of juvenile educational and career-related
949	programs shall be conducted according to the following
950	guidelines:
951	1.  Systematic evaluations and quality assurance monitoring
952	shall be implemented, in accordance with ss. 985.4056(5)(a) and
953	s. 985.412(1) and , (2), and (5), to determine whether the
954	programs are related to successful postrelease adjustments.
955	2.  Operations and policies of the programs shall be
956	reevaluated to determine if they are consistent with their
957	primary objectives.
958	Section 19.  This act shall take effect July 1, 2006.

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