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. |