Senate Bill sb1846

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    Florida Senate - 2007                                  SB 1846

    By Senator Garcia





    40-1735-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Department of Juvenile

  3         Justice; providing legislative intent; creating

  4         s. 985.495, F.S.; providing definitions;

  5         requiring that the Department of Juvenile

  6         Justice allow Bay Point Schools to continue to

  7         operate its program as an enhanced intermediate

  8         moderate-risk residential program for specified

  9         juveniles; providing program requirements;

10         prohibiting specified punishment; providing for

11         exclusion of certain juveniles; providing

12         duties of the department; providing an

13         effective date.

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15         WHEREAS, Bay Point Schools was established as a pilot

16  program in 1995, and

17         WHEREAS, the Department of Juvenile Justice contracted

18  with Bay Point Schools to provide residential services for

19  moderate-risk youth, and

20         WHEREAS, the Bay Point Schools' philosophy and

21  cognitive behavior program is entirely evidence-based,

22  focusing on positive reinforcement, and

23         WHEREAS, a cognitive behavior approach emphasizes

24  self-discipline and rewards based on changes in behavior

25  instead of using locks, bars, and limited commitment times,

26  and

27         WHEREAS, evidence-based research finds that the

28  greatest influence on adolescents is their adolescent peers,

29  and

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    Florida Senate - 2007                                  SB 1846
    40-1735-07                                              See HB




 1         WHEREAS, research proves that a continuum of services 6

 2  to 12 months after completion of a residential program reduces

 3  recidivism, and

 4         WHEREAS, the only residential moderate-risk programs

 5  within the Department of Juvenile Justice structure are

 6  halfway houses, and

 7         WHEREAS, Bay Point Schools' philosophy, environment,

 8  and program are completely different from those of a

 9  Department of Juvenile Justice halfway house, and

10         WHEREAS, Bay Point Schools serves as a prevention

11  program, accepting non-adjudicated, at-risk youth placed by

12  parents and legal guardians, and

13         WHEREAS, new rules, regulations, and expectations

14  should be developed by Bay Point Schools and a program should

15  be established by general law that is different from the

16  department's halfway houses and specific to the Bay Point

17  Schools' model, NOW, THEREFORE,

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  It is the intent of the Legislature that

22  the Department of Juvenile Justice should monitor and measure

23  the performance of Bay Point Schools by using the policies and

24  procedures developed by Bay Point Schools to implement an

25  enhanced intermediate moderate-risk residential program.

26         Section 2.  Section 985.495, Florida Statutes, is

27  created to read:

28         985.495  Bay Point Schools program.--

29         (1)  DEFINITIONS.--As used in this section, the term:

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






    Florida Senate - 2007                                  SB 1846
    40-1735-07                                              See HB




 1         (a)  "Conditional release" means an aftercare program

 2  that supervises an adolescent for 6 to 12 months after

 3  discharge from the provider's program.

 4         (b)  "Enhanced intermediate moderate-risk program"

 5  means a residential program serving moderate-risk adolescent

 6  males committed by the juvenile justice court system and

 7  adolescent males direct filed and referred to the provider by

 8  the state courts system.

 9         (c)  "Program" means Bay Point Schools' cognitive

10  behavior program.

11         (d)  "Provider" means Bay Point Schools, Inc., a

12  nonprofit organization under s. 501(c) of the Internal Revenue

13  Code, headquartered in Miami.

14         (2)  ENHANCED INTERMEDIATE MODERATE-RISK RESIDENTIAL

15  PROGRAM FOR ADJUDICATED AND AT-RISK ADOLESCENT MALES.--

16         (a)  The department shall allow the provider to operate

17  its program as an enhanced intermediate moderate-risk

18  residential program for adjudicated and at-risk adolescent

19  males. The residential program shall serve moderate-risk

20  adolescent males and those adolescent males who are direct

21  filed and referred to the provider from the state courts

22  system.

23         (b)  The provider shall design and operate the

24  following programmatic components:

25         1.  A comprehensive continuum of evidenced-based

26  services from intake of an adolescent male into the program

27  through the adolescent male's completion of the program's

28  conditional release period after discharge from the program.

29         2.  An individualized behavior management system based

30  on positive peer pressure and incentive-based rewards.

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






    Florida Senate - 2007                                  SB 1846
    40-1735-07                                              See HB




 1         3.  Development of flexible safety and security

 2  policies and protocols to support the integrity of the peer

 3  model design and the provider's positive behavior management

 4  system.

 5         4.  Development of a peer-to-peer system of leadership,

 6  which should motivate adolescents to model behaviors based on

 7  positive, rather than negative, choices.

 8         5.  Therapeutic services, including evidenced-based

 9  family intervention strategies.

10         6.  Substance abuse and mental health therapy based on

11  evidence-based practices.

12         7.  Length of commitment determined on whether the

13  adolescent is referred to the provider through the adult court

14  system or the juvenile justice court system. The juvenile

15  court referred length of stay may range from 8 to 12 months,

16  and the adult court referral may provide for longer lengths of

17  stay.

18         8.  Extracurricular activities and interscholastic

19  sports.

20         9.  Job counseling and job placement.

21         10.  A conditional release program.

22         11.  An independent living program for adolescents who,

23  upon discharge from the program, cannot return to a home or

24  whose neighborhood violates the people, places, and things

25  restrictions of the provider.

26         (3)  PROHIBITION ON TIME-OUT CELLS.--The provider will

27  operate the program without disciplinary time-out cells.

28  Problem behaviors will be confronted based on evidence-based

29  practices.

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    Florida Senate - 2007                                  SB 1846
    40-1735-07                                              See HB




 1         (4)  ADMISSION POLICY EXCLUSIONS.--The admission policy

 2  shall exclude adolescents who are sexual predators or who

 3  require intensive psychiatric attention.

 4         (5)  ROLE OF THE DEPARTMENT TO SUPPORT THE PROVIDER

 5  DESIGN MODEL.--The provider's program plan shall be submitted

 6  to the secretary of the department and will constitute the

 7  governing rules, regulations, and measurement of the quality

 8  assurance of the program. The department shall allow

 9  responsibility to be placed on students who achieve certain

10  behavioral standards and serve to support staff in its

11  evidenced-based practices.

12         Section 3.  This act shall take effect July 1, 2007.

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