HB 7169

1	A bill to be entitled
2	An act relating to a juvenile justice pilot program;
3	creating a pilot program that authorizes specified courts
4	to select commitment programs for juvenile delinquents;
5	providing definitions; providing program's purpose;
6	requiring the Department of Juvenile Justice to develop
7	implementation procedures and to publish specified
8	information about commitment programs on its website;
9	providing procedures for the selection of commitment
10	programs by courts; requiring evaluation and reports by
11	the Office of Program Policy and Government
12	Accountability; specifying department and court
13	responsibilities relating to the reports; providing for
14	future repeal; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Judicial discretion to select commitment
19	programs; pilot program.--
20	(1)  The definitions contained in s. 985.03, Florida
21	Statutes, apply to this section. Additionally, for purposes of
22	this section, the term:
23	(a)  "Available placement" means a commitment program for
24	which the department has determined the youth is eligible.
25	(b)  "Commitment program" means a facility, service, or
26	program operated by the department or by a provider under
27	contract with the department within a restrictiveness level.
28	(c)  "Delinquency court" means a circuit court in the
29	First, Eleventh, or Thirteenth Judicial Circuit.
30	(d)  "Eligible" means a determination that the youth
31	satisfies admission criteria for the commitment program.
32	(e)  "Wait period" means the shortest period of time
33	expected to elapse prior to placement of a youth in a commitment
34	program, as determined by the department based upon anticipated
35	release dates for youth currently in the commitment program.
36	(2)  Between September 1, 2006, and July 1, 2010, a pilot
37	program shall be conducted in the First, Eleventh, and
38	Thirteenth Judicial Circuits, which authorizes delinquency
39	courts to select commitment programs for youth. The purpose of
40	the pilot program is to identify and evaluate the benefits and
41	disadvantages of affording such judicial discretion prior to
42	legislative consideration of statewide implementation.
43	(3)  Before August 31, 2006, the department shall:
44	(a)  Develop, in consultation with delinquency court
45	judges, procedures to implement this section.
46	(b)  Publish on its Internet website information that
47	identifies the name and address of each commitment program and
48	that describes for each identified commitment program the
49	population of youth served; the maximum capacity; the services
50	offered; the admission criteria; the most recent recidivism
51	rates; and the most recent cost-effectiveness rankings and
52	quality assurance results under s. 985.412, Florida Statutes.
53	The department shall continually update information published
54	under this paragraph as modifications occur.
55	(4)  Between September 1, 2006, and July 1, 2010, a
56	delinquency court may:
57	(a)  Order the department to include in a youth's
58	predisposition report a list of all available placements within
59	each restrictiveness level identified by the court or
60	recommended by the department. The list shall also indicate the
61	wait period for each available placement identified by the
62	department.
63	(b)1.  Specify for a youth committed by the court an
64	available placement identified in the listing under paragraph
65	(a), which has a wait period of 30 calendar days or less for a
66	minimum-risk nonresidential, low-risk residential, moderate-risk
67	residential, or high-risk residential commitment program or a
68	wait period of 20 calendar days or less for a maximum-risk
69	residential commitment program; or
70	2.  Alternatively, a delinquency court may specify:
71	a.  An available placement with a wait period in excess of
72	those identified in subparagraph 1., if the court states reasons
73	on the record establishing by a preponderance of the evidence
74	that the available placement is in the youth's best interest; or
75	b.  A commitment program that is not listed as an available
76	placement, if the court states reasons on the record
77	establishing by a preponderance of the evidence that the youth
78	is eligible for the commitment program and that the commitment
79	program is in the youth's best interest.
80	(5)  When a delinquency court specifies an available
81	placement or commitment program for a youth under paragraph
82	(4)(b), the youth shall be placed, as specified by the court,
83	when the next regularly scheduled opening occurs after the
84	placement of other youth who were previously committed and
85	waiting for that program.
86	(6)(a)  The Office of Program Policy Analysis and
87	Government Accountability shall conduct a longitudinal
88	evaluation of the pilot program created by this section and
89	shall submit a written report to the appropriate substantive and
90	fiscal committees of the Legislature and to the Governor on
91	January 1, 2008, and annually thereafter, which identifies,
92	according to judicial circuit and restrictiveness level, the
93	following data, as it becomes available, for the pilot program
94	period:
95	1.  The number of youth committed to the department by a
96	delinquency court.
97	2.  The number of youth placed by a delinquency court in an
98	available placement under subparagraph (4)(b)1. and sub-
99	subparagraph (4)(b)2.a., and in a commitment program under sub-
100	subparagraph (4)(b)2.b.
101	3.  The number of youth placed in a department-specified
102	commitment program.
103	4.  The average wait period for, and the average number of
104	days spent by youth in secure detention while awaiting placement
105	in, delinquency court-specified commitment programs and
106	department-specified commitment programs.
107	5.  The number of youth who complete, and who are otherwise
108	released from, delinquency court-specified commitment programs
109	and department-specified commitment programs.
110	6.  Educational achievements made by youth while
111	participating in delinquency court-specified commitment programs
112	and department-specified commitment programs.
113	7.  The number of youth who are taken into custody for a
114	felony or misdemeanor within 6 months following completion of
115	delinquency court-specified commitment programs and department-
116	specified commitment programs.
117	(b)  Before August 31, 2006:
118	1.  The department, in consultation with the Office of
119	Program Policy Analysis and Government Accountability, shall
120	develop reporting protocols to collect and maintain data
121	necessary for the report required by this subsection.
122	2.  The Office of Program Policy Analysis and Government
123	Accountability, in consultation with staff of the appropriate
124	substantive and fiscal committees of the Legislature, shall
125	develop common terminology and operational definitions for the
126	measurement of data necessary for the report required by this
127	subsection.
128	(c)  The reports required under paragraph (a) to be
129	submitted on January 1, 2009, and January 1, 2010, must also
130	include:
131	1.  Findings by the Office of Program Policy Analysis and
132	Government Accountability, the department, and delinquency
133	courts regarding the benefits and disadvantages of authorizing
134	courts to select commitment programs.
135	2.  Recommendations by the Office of Program Policy
136	Analysis and Government Accountability, the department, and
137	delinquency courts, if found to be warranted, for amendments to
138	current statutes addressing commitment.
139	(7)  This section is repealed effective July 1, 2010.
140	Section 2.  This act shall take effect July 1, 2006.

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