HB 7193

1	A bill to be entitled
2	An act relating to juvenile sexual offenders; amending s.
3	985.03, F.S.; defining the terms "psychosexual evaluation"
4	and "qualified sexual offender practitioner"; amending s.
5	985.229, F.S.; requiring the court to order a psychosexual
6	evaluation for a juvenile sexual offender; specifying
7	requirements for provision of the psychosexual evaluation
8	results and recommendations to the court; amending s.
9	985.23, F.S.; requiring a predisposition report to include
10	an evaluation of the results and recommendations of a
11	psychosexual evaluation; amending s. 985.231, F.S.;
12	conforming a cross-reference; requiring the court to
13	consider psychosexual evaluation prior to imposition of a
14	community-based juvenile sexual offender treatment
15	program; deleting authorization for a comprehensive
16	assessment of sexually deviant behavior; conforming
17	provisions; amending ss. 985.31 and 985.3141, F.S.;
18	conforming cross-references; creating a task force on
19	juvenile sexual offenders and their victims; providing
20	definitions; providing membership; providing duties;
21	requiring a report; providing for administrative support;
22	authorizing per diem and travel reimbursement; providing
23	for dissolution of the task force; providing an effective
24	date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsections (45) through (60) of section
29	985.03, Florida Statutes, are renumbered as subsections (47)
30	through (62), respectively, and new subsections (45) and (46)
31	are added to that section to read:
32	985.03  Definitions.--As used in this chapter, the term:
33	(45)  "Psychosexual evaluation" means an evaluation by a
34	qualified sexual offender practitioner that addresses, at a
35	minimum, a juvenile sexual offender's:
36	(a)  Account of the incident and the official report of the
37	investigation.
38	(b)  Sexual development and sexual delinquency history and
39	treatment.
40	(c)  Behavioral and delinquency history.
41	(d)  Substance abuse and mental health history and
42	treatment.
43	(e)  Intellectual, personality, and trauma assessment.
44	(f)  Physiological assessment, if appropriate.
45	(g)  Family, social, educational, and employment situation,
46	including identification of the sources of this information.
47	(h)  Risk of committing a future act of sexual delinquency
48	or physical harm to himself or herself, the victim, or other
49	persons.
50	(i)  Culpability assessment.
51	(j)  Diagnosis.
52	(k)  Amenability to treatment, including treatment
53	recommendations specific to his or her needs.
54	(46)  "Qualified sexual offender practitioner" means a
55	professional who is eligible to practice juvenile sexual
56	offender therapy under s. 490.0145 or s. 491.0144 and who:
57	(a)  Possesses at least:
58	1.  Fifty-five hours of postgraduate degree continuing
59	education courses in the following areas: DSM-IV diagnoses
60	related to sexual offenders; etiology of sexual deviance;
61	science-based sexually delinquent evaluation and risk assessment
62	and treatment techniques; use of plethysmographs, visual
63	reaction time, and polygraphs in the evaluation, treatment, and
64	monitoring of juveniles who have committed sexually delinquent
65	acts; evaluation and treatment of special populations; and legal
66	and ethical issues in the evaluation and treatment of juveniles
67	who have committed sexually delinquent acts.
68	2.  Two thousand hours of postgraduate degree practice in
69	the evaluation and treatment of persons who have committed
70	sexually delinquent acts, which practice was directly supervised
71	by a professional eligible to practice juvenile sexual offender
72	therapy under s. 490.0145 or s. 491.0144; or
73	(b)  Is supervised by a professional who satisfies the
74	requirements of paragraph (a).
75	Section 2.  Subsection (4) is added to section 985.229,
76	Florida Statutes, to read:
77	985.229  Predisposition report; other evaluations.--
78	(4)  Following a delinquency adjudicatory hearing under s.
79	985.228 for a juvenile sexual offender, the court shall order
80	the department to conduct or arrange for a psychosexual
81	evaluation of the offender. The results and recommendations of
82	the psychosexual evaluation shall be:
83	(a)  Included in the offender's predisposition report; or
84	(b)  Provided to the court in writing at least 48 hours
85	prior to the disposition hearing if a predisposition report is
86	not ordered in the juvenile sexual offender's case.
87	Section 3.  Paragraph (i) is added to subsection (2) of
88	section 985.23, Florida Statutes, to read:
89	985.23  Disposition hearings in delinquency cases.--When a
90	child has been found to have committed a delinquent act, the
91	following procedures shall be applicable to the disposition of
92	the case:
93	(2)  The first determination to be made by the court is a
94	determination of the suitability or nonsuitability for
95	adjudication and commitment of the child to the department. This
96	determination shall include consideration of the recommendations
97	of the department, which may include a predisposition report.
98	The predisposition report shall include, whether as part of the
99	child's multidisciplinary assessment, classification, and
100	placement process components or separately, evaluation of the
101	following criteria:
102	(i)  The results and recommendations of a psychosexual
103	evaluation for a juvenile sexual offender.
104
105	It is the intent of the Legislature that the criteria set forth
106	in subsection (2) are general guidelines to be followed at the
107	discretion of the court and not mandatory requirements of
108	procedure. It is not the intent of the Legislature to provide
109	for the appeal of the disposition made pursuant to this section.
110	Section 4.  Subsections (2) and (3) of section 985.231,
111	Florida Statutes, are amended to read:
112	985.231  Powers of disposition in delinquency cases.--
113	(2)  Following a delinquency adjudicatory hearing pursuant
114	to s. 985.228 and a delinquency disposition hearing pursuant to
115	s. 985.23 which results in a commitment determination, the court
116	shall, on its own or upon request by the state or the
117	department, determine whether the protection of the public
118	requires that the child be placed in a program for serious or
119	habitual juvenile offenders and whether the particular needs of
120	the child would be best served by a program for serious or
121	habitual juvenile offenders as provided in s. 985.31. The
122	determination shall be made pursuant to ss. 985.03(51)(49) and
123	985.23(3).
124	(3)(a)  Following a delinquency adjudicatory hearing
125	pursuant to s. 985.228 for a juvenile sexual offender, the
126	court, after consideration of the psychosexual evaluation
127	required by s. 985.229(4), may, on its own or upon request by
128	the state or the department and subject to specific
129	appropriation, determine whether a community-based juvenile
130	sexual offender treatment program would protect placement is
131	required for the protection of the public and what would be the
132	best approach to address the offender's treatment needs of the
133	juvenile sexual offender. When the court determines that a
134	juvenile has no history of a recent comprehensive assessment
135	focused on sexually deviant behavior, the court may, subject to
136	specific appropriation, order the department to conduct or
137	arrange for an examination to determine whether the juvenile
138	sexual offender is amenable to community-based treatment.
139	(a)  The report of the examination shall include, at a
140	minimum, the following:
141	1.  The juvenile sexual offender's account of the incident
142	and the official report of the investigation.
143	2.  The juvenile sexual offender's offense history.
144	3.  A multidisciplinary assessment of the sexually deviant
145	behaviors, including an assessment by a certified psychologist,
146	therapist, or psychiatrist.
147	4.  An assessment of the juvenile sexual offender's family,
148	social, educational, and employment situation. The report shall
149	set forth the sources of the evaluator's information.
150	(b)  The report shall assess the juvenile sexual offender's
151	amenability to treatment and relative risk to the victim and the
152	community.
153	(b)(c)  The department shall provide to the court a
154	proposed plan for the community-based juvenile sexual offender
155	treatment program to the court that shall include, at a minimum:
156	1.  The frequency and type of contact between the offender
157	and therapist.
158	2.  The specific issues and behaviors to be addressed in
159	the treatment and description of planned treatment methods.
160	3.  Monitoring plans, including any requirements regarding
161	living conditions, school attendance and participation,
162	lifestyle, and monitoring by family members, legal guardians, or
163	others.
164	4.  Anticipated length of treatment.
165	5.  Recommended crime-related prohibitions and curfew.
166	6.  Reasonable restrictions on the contact between the
167	juvenile sexual offender and either the victim or alleged
168	victim.
169	(c)(d)  After receipt of the report on the proposed plan
170	under paragraph (b) of treatment, the court shall consider
171	whether the community and the offender will benefit from a
172	community-based use of juvenile sexual offender community-based
173	treatment program alternative disposition and consider the
174	opinion of the victim or the victim's family as to whether the
175	offender should receive this a community-based treatment
176	alternative disposition under this subsection.
177	(d)(e)  If the court determines that a community-based this
178	juvenile sexual offender community-based treatment program
179	alternative is appropriate, the court may place the offender on
180	probation community supervision for up to 3 years. As a
181	condition of probation community treatment and supervision, the
182	court may order the offender to:
183	1.  Undergo available community-based outpatient juvenile
184	sexual offender treatment for up to 3 years. A program or
185	provider may not be used for such treatment unless it has an
186	appropriate program designed for juvenile sexual offender
187	treatment. The department shall not change the treatment
188	provider without first notifying the state attorney's office.
189	2.  Remain within described geographical boundaries and
190	notify the court or the department counselor prior to any change
191	in the offender's address, educational program, or employment.
192	3.  Comply with all requirements of the treatment plan.
193	(e)(f)  The community-based juvenile sexual offender
194	treatment provider shall submit quarterly reports on the
195	offender's respondent's progress in treatment to the court and
196	the parties to the proceedings. The quarterly juvenile sexual
197	offender reports shall reference the treatment plan and include,
198	at a minimum, the following:
199	1.  Dates of attendance.
200	2.  The juvenile sexual offender's compliance with the
201	requirements of treatment.
202	3.  A description of the treatment activities.
203	4.  The sexual offender's relative progress in treatment.
204	5.  The offender's family support of the treatment
205	objectives.
206	6.  Any other material specified by the court at the time
207	of the disposition.
208	(f)(g)  At the disposition hearing, the court may set case
209	review hearings as the court considers appropriate.
210	(g)(h)  If the juvenile sexual offender violates any
211	condition of the disposition or the court finds that the
212	juvenile sexual offender is failing to make satisfactory
213	progress in treatment, the court may revoke the offender's
214	probation community-based  treatment alternative and order
215	commitment to the department pursuant to subsection (1).
216	(h)(i)  If the court determines that the juvenile sexual
217	offender is not amenable to a community-based juvenile sexual
218	offender treatment program, the court shall proceed with a
219	juvenile sexual offender disposition hearing pursuant to
220	subsection (1).
221	Section 5.  Paragraph (e) of subsection (3) and paragraph
222	(a) of subsection (4) of section 985.31, Florida Statutes, are
223	amended to read:
224	985.31  Serious or habitual juvenile offender.--
225	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
226	TREATMENT.--
227	(e)  After a child has been adjudicated delinquent pursuant
228	to s. 985.228, the court shall determine whether the child meets
229	the criteria for a serious or habitual juvenile offender
230	pursuant to s. 985.03(51)(49). If the court determines that the
231	child does not meet such criteria, the provisions of s.
232	985.231(1) shall apply.
233	(4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
234	(a)  Pursuant to the provisions of this section, the
235	department shall implement the comprehensive assessment
236	instrument for the treatment needs of serious or habitual
237	juvenile offenders and for the assessment, which assessment
238	shall include the criteria under s. 985.03(51)(49) and shall
239	also include, but not be limited to, evaluation of the child's:
240	1.  Amenability to treatment.
241	2.  Proclivity toward violence.
242	3.  Tendency toward gang involvement.
243	4.  Substance abuse or addiction and the level thereof.
244	5.  History of being a victim of child abuse or sexual
245	abuse, or indication of sexual behavior dysfunction.
246	6.  Number and type of previous adjudications, findings of
247	guilt, and convictions.
248	7.  Potential for rehabilitation.
249	Section 6.  Subsection (2) of section 985.3141, Florida
250	Statutes, is amended to read:
251	985.3141  Escapes from secure detention or residential
252	commitment facility.--An escape from:
253	(2)  Any residential commitment facility described in s.
254	985.03(48)(46), maintained for the custody, treatment,
255	punishment, or rehabilitation of children found to have
256	committed delinquent acts or violations of law; or
257
258	constitutes escape within the intent and meaning of s. 944.40
259	and is a felony of the third degree, punishable as provided in
260	s. 775.082, s. 775.083, or s. 775.084.
261	Section 7.  Task Force on Juvenile Sexual Offenders and
262	their Victims.--
263	(1)  For purposes of this section, the term:
264	(a)  "Department" means the Department of Juvenile Justice.
265	(b)  "Task force" means the 2006 Task Force on Juvenile
266	Sexual Offenders and their Victims.
267	(2)  On or before August 1, 2006, there shall be created a
268	task force to continue the evaluation of the state's juvenile
269	sexual offender laws that was conducted by the 2005 Task Force
270	on Juvenile Sexual Offenders and their Victims, as created in s.
271	10 of chapter 2005-263, Laws of Florida.
272	(3)  The secretary of the department shall appoint up to 12
273	members to the task force, who shall include, but are not
274	limited to, a circuit court judge with at least 1 year of
275	experience in the juvenile division, a state attorney with at
276	least 1 year of experience in the juvenile division, a public
277	defender with at least 1 year of experience in the juvenile
278	division, two representatives of the department, one member from
279	the Florida Juvenile Justice Association, two members from
280	providers of juvenile sexual offender services, one member from
281	the Florida Association for the Treatment of Sexual Abusers, and
282	one victim advocate.
283	(4)  The task force shall:
284	(a)  Review the findings and recommendations contained in
285	the final report of the 2005 Task Force on Juvenile Sexual
286	Offenders and their Victims, including the recommendations
287	specified in Appendix II of that report, and identify each
288	recommendation that has not yet been implemented.
289	(b)  Determine which recommendations reviewed under
290	paragraph (a) remain appropriate for implementation.
291	(c)  Make additional recommendations, if warranted, for the
292	improvement of the state's laws, policies, programs, and funding
293	for juvenile sexual offenders.
294	(d)  Submit a written report to the Governor and the
295	appropriate substantive and fiscal committees of the Legislature
296	no later than January 1, 2007, that:
297	1.  Discusses each state law addressing juvenile sexual
298	offenders.
299	2.  Specifically identifies statutory criteria that should
300	be satisfied before a juvenile is classified as a sexual
301	offender or placed in sexual offender programming.
302	3.  Sets forth detailed findings in support of each
303	recommendation under paragraphs (b) and (c) and a comprehensive
304	plan for implementation of these recommendations, including
305	proposed amendments to statute to redefine the term "juvenile
306	sexual offender" and modifications of state agency rules,
307	practices, and procedures.
308	(5)  The department shall provide administrative support
309	for the task force. Members of the task force shall receive no
310	salary from the state beyond any salary already received from
311	their sponsoring agencies, but shall be entitled to
312	reimbursement by the department for travel and per diem expenses
313	under s. 112.061, Florida Statutes.
314	(6)  The task force shall be dissolved upon submission of
315	its report.
316	Section 8.  This act shall take effect July 1, 2006.

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