1

2

An act relating to residential facilities for juvenile

3

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

4

legislative intent that residential facilities for

5

juvenile offenders have no more than 165 beds; providing

6

an exception for campus-style settings that have more than

7

one level of restrictiveness and other conditions;

8

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

9

"restrictiveness level" to require that residential

10

facilities for juvenile offenders in low-risk, moderate-

11

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

12

165 residential beds each; providing an exception for

13

campus-style settings that have more than one level of

14

restrictiveness and other conditions; providing an

15

effective date.

16

17

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

18

19

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

20

Statutes, is amended to read:

21

     985.02  Legislative intent for the juvenile justice

22

system.--

23

     (6)  SITING OF FACILITIES.--

24

     (a)  The Legislature finds that timely siting and

25

development of needed residential facilities for juvenile

26

offenders is critical to the public safety of the citizens of

27

this state and to the effective rehabilitation of juvenile

28

offenders.

29

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

30

such facilities are sited and developed within reasonable

31

timeframes after they are legislatively authorized and

32

appropriated.

33

     (c)  The Legislature further finds that such facilities must

34

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

35

the children they house in order to ensure the most effective

36

rehabilitation efforts and the most intensive postrelease

37

supervision and case management. Residential facilities shall

38

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

39

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

40

restrictiveness, provide multilevel education and treatment

41

programs using different treatment protocols, and have facilities

42

that co-exist separately in distinct locations on the same

43

property.

44

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

45

departments and agencies of the state shall cooperate fully with

46

the Department of Juvenile Justice to accomplish the siting of

47

facilities for juvenile offenders.

48

49

The supervision, counseling, rehabilitative treatment, and

50

punitive efforts of the juvenile justice system should avoid the

51

inappropriate use of correctional programs and large

52

institutions. The Legislature finds that detention services

53

should exceed the primary goal of providing safe and secure

54

custody pending adjudication and disposition.

55

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

56

Statutes, is amended to read:

57

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

58

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

59

and security provided by programs that service the supervision,

60

custody, care, and treatment needs of committed children.

61

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

62

programs at any residential commitment level. The restrictiveness

63

levels of commitment are as follows:

64

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

65

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

66

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

67

treatment program. Youth assessed and classified for programs at

68

this commitment level represent a minimum risk to themselves and

69

public safety and do not require placement and services in

70

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

71

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

72

committed delinquent acts that involve firearms, that are sexual

73

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

74

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

75

this level.

76

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

77

this commitment level are residential but may allow youth to have

78

unsupervised access to the community. Residential facilities

79

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

80

programs, unless those campus-style programs include more than

81

one level of restrictiveness, provide multilevel education and

82

treatment programs using different treatment protocols, and have

83

facilities that co-exist separately in distinct locations on the

84

same property. Youth assessed and classified for placement in

85

programs at this commitment level represent a low risk to

86

themselves and public safety but do require placement and

87

services in residential settings. Children who have been found to

88

have committed delinquent acts that involve firearms, delinquent

89

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

90

life felonies or first degree felonies if committed by an adult

91

shall not be committed to a program at this level.

92

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

93

at this commitment level are residential but may allow youth to

94

have supervised access to the community. Facilities are either

95

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

96

walls, fencing, or locking doors. Residential facilities shall

97

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

98

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

99

restrictiveness, provide multilevel education and treatment

100

programs using different treatment protocols, and have facilities

101

that co-exist separately in distinct locations on the same

102

property. Facilities shall provide 24-hour awake supervision,

103

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

104

classified for placement in programs at this commitment level

105

represent a moderate risk to public safety and require close

106

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

107

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

108

others. Mechanical restraint may also be used when necessary.

109

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

110

this commitment level are residential and do not allow youth to

111

have access to the community, except that temporary release

112

providing community access for up to 72 continuous hours may be

113

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

114

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

115

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

116

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

117

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

118

service project. High-risk residential facilities are hardware-

119

secure with perimeter fencing and locking doors. Residential

120

facilities shall have no more than 165 beds each, including

121

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

122

more than one level of restrictiveness, provide multilevel

123

education and treatment programs using different treatment

124

protocols, and have facilities that co-exist separately in

125

distinct locations on the same property. Facilities shall provide

126

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

127

residents. Youth assessed and classified for this level of

128

placement require close supervision in a structured residential

129

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

130

concern for public safety that outweighs placement in programs at

131

lower commitment levels. The staff at a facility at this

132

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

133

himself or herself or others. Mechanical restraint may also be

134

used when necessary. The facility may provide for single cell

135

occupancy.

136

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

137

at this commitment level include juvenile correctional facilities

138

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

139

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

140

are maximum-custody, hardware-secure with perimeter security

141

fencing and locking doors. Residential facilities shall have no

142

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

143

those campus-style programs include more than one level of

144

restrictiveness, provide multilevel education and treatment

145

programs using different treatment protocols, and have facilities

146

that co-exist separately in distinct locations on the same

147

property. Facilities shall provide 24-hour awake supervision,

148

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

149

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

150

physical threat to himself or herself or others. Mechanical

151

restraint may also be used when necessary. The facility shall

152

provide for single cell occupancy, except that youth may be

153

housed together during prerelease transition. Youth assessed and

154

classified for this level of placement require close supervision

155

in a maximum security residential setting. Placement in a program

156

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

157

public.

158

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