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A bill to be entitled

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An act relating to residential facilities for juvenile

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offenders; amending s. 985.02, F.S.; expressing the

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legislative intent that residential facilities for

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juvenile offenders have no more than 165 beds; providing

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an exception for campus-style settings that have more than

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one level of restrictiveness and other conditions;

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amending s. 985.03, F.S.; redefining the term

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"restrictiveness level" to require that residential

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facilities for juvenile offenders in low-risk, moderate-

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risk, and high-risk offender programs have no more than

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165 residential beds each; providing an exception for

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campus-style settings that have more than one level of

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restrictiveness and other conditions; providing an

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effective date.

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

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     Section 1.  Subsection (6) of section 985.02, Florida

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Statutes, is amended to read:

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     985.02  Legislative intent for the juvenile justice

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system.--

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     (6)  SITING OF FACILITIES.--

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     (a)  The Legislature finds that timely siting and

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development of needed residential facilities for juvenile

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offenders is critical to the public safety of the citizens of

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this state and to the effective rehabilitation of juvenile

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offenders.

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     (b)  It is the purpose of the Legislature to guarantee that

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such facilities are sited and developed within reasonable

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timeframes after they are legislatively authorized and

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appropriated.

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     (c)  The Legislature further finds that such facilities must

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be located in areas of the state close to the home communities of

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the children they house in order to ensure the most effective

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rehabilitation efforts and the most intensive postrelease

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supervision and case management. Residential facilities shall

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have no more than 165 beds each, including campus-style programs,

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unless those campus-style programs include more than one level of

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restrictiveness, provide multilevel education and treatment

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programs using different treatment protocols, and have facilities

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that co-exist separately in distinct locations on the same

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property.

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     (d)  It is the intent of the Legislature that all other

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departments and agencies of the state shall cooperate fully with

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the Department of Juvenile Justice to accomplish the siting of

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facilities for juvenile offenders.

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The supervision, counseling, rehabilitative treatment, and

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punitive efforts of the juvenile justice system should avoid the

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inappropriate use of correctional programs and large

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institutions. The Legislature finds that detention services

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should exceed the primary goal of providing safe and secure

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custody pending adjudication and disposition.

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     Section 2.  Subsection (44) of section 985.03, Florida

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Statutes, is amended to read:

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     985.03  Definitions.--As used in this chapter, the term:

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     (44)  "Restrictiveness level" means the level of programming

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and security provided by programs that service the supervision,

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custody, care, and treatment needs of committed children.

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Sections 985.601(10) and 985.721 apply to children placed in

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programs at any residential commitment level. The restrictiveness

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levels of commitment are as follows:

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     (a)  Minimum-risk nonresidential.--Programs or program

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models at this commitment level work with youth who remain in the

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community and participate at least 5 days per week in a day

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treatment program. Youth assessed and classified for programs at

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this commitment level represent a minimum risk to themselves and

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public safety and do not require placement and services in

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residential settings. Youth in this level have full access to,

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and reside in, the community. Youth who have been found to have

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committed delinquent acts that involve firearms, that are sexual

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offenses, or that would be life felonies or first degree felonies

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if committed by an adult may not be committed to a program at

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this level.

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     (b)  Low-risk residential.--Programs or program models at

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this commitment level are residential but may allow youth to have

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unsupervised access to the community. Residential facilities

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shall have no more than 165 beds each, including campus-style

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programs, unless those campus-style programs include more than

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one level of restrictiveness, provide multilevel education and

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treatment programs using different treatment protocols, and have

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facilities that co-exist separately in distinct locations on the

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same property. Youth assessed and classified for placement in

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programs at this commitment level represent a low risk to

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themselves and public safety but do require placement and

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services in residential settings. Children who have been found to

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have committed delinquent acts that involve firearms, delinquent

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acts that are sexual offenses, or delinquent acts that would be

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life felonies or first degree felonies if committed by an adult

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shall not be committed to a program at this level.

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     (c)  Moderate-risk residential.--Programs or program models

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at this commitment level are residential but may allow youth to

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have supervised access to the community. Facilities are either

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environmentally secure, staff secure, or are hardware-secure with

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walls, fencing, or locking doors. Residential facilities shall

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have no more than 165 beds each, including campus-style programs,

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unless those campus-style programs include more than one level of

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restrictiveness, provide multilevel education and treatment

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programs using different treatment protocols, and have facilities

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that co-exist separately in distinct locations on the same

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property. Facilities shall provide 24-hour awake supervision,

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custody, care, and treatment of residents. Youth assessed and

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classified for placement in programs at this commitment level

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represent a moderate risk to public safety and require close

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supervision. The staff at a facility at this commitment level may

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seclude a child who is a physical threat to himself or herself or

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others. Mechanical restraint may also be used when necessary.

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     (d)  High-risk residential.--Programs or program models at

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this commitment level are residential and do not allow youth to

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have access to the community, except that temporary release

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providing community access for up to 72 continuous hours may be

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approved by a court for a youth who has made successful progress

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in his or her program in order for the youth to attend a family

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emergency or, during the final 60 days of his or her placement,

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to visit his or her home, enroll in school or a vocational

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program, complete a job interview, or participate in a community

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service project. High-risk residential facilities are hardware-

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secure with perimeter fencing and locking doors. Residential

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facilities shall have no more than 165 beds each, including

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campus-style programs, unless those campus-style programs include

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more than one level of restrictiveness, provide multilevel

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education and treatment programs using different treatment

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protocols, and have facilities that co-exist separately in

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distinct locations on the same property. Facilities shall provide

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24-hour awake supervision, custody, care, and treatment of

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residents. Youth assessed and classified for this level of

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placement require close supervision in a structured residential

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setting. Placement in programs at this level is prompted by a

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concern for public safety that outweighs placement in programs at

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lower commitment levels. The staff at a facility at this

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commitment level may seclude a child who is a physical threat to

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himself or herself or others. Mechanical restraint may also be

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used when necessary. The facility may provide for single cell

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occupancy.

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     (e)  Maximum-risk residential.--Programs or program models

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at this commitment level include juvenile correctional facilities

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and juvenile prisons. The programs are long-term residential and

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do not allow youth to have access to the community. Facilities

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are maximum-custody, hardware-secure with perimeter security

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fencing and locking doors. Residential facilities shall have no

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more than 165 beds each, including campus-style programs, unless

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those campus-style programs include more than one level of

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restrictiveness, provide multilevel education and treatment

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programs using different treatment protocols, and have facilities

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that co-exist separately in distinct locations on the same

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property. Facilities shall provide 24-hour awake supervision,

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custody, care, and treatment of residents. The staff at a

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facility at this commitment level may seclude a child who is a

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physical threat to himself or herself or others. Mechanical

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restraint may also be used when necessary. The facility shall

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provide for single cell occupancy, except that youth may be

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housed together during prerelease transition. Youth assessed and

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classified for this level of placement require close supervision

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in a maximum security residential setting. Placement in a program

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at this level is prompted by a demonstrated need to protect the

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public.

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     Section 3.  This act shall take effect July 1, 2008.