1 | A bill to be entitled |
2 | An act relating to juvenile justice; amending s. 29.008, |
3 | F.S.; conforming cross-references; amending s. 790.22, |
4 | F.S.; revising provisions relating to community service |
5 | programs; amending s. 939.185, F.S.; providing diversion |
6 | options for specified youth; amending s. 943.053, F.S.; |
7 | revising provisions relating to dissemination of criminal |
8 | justice information; amending s. 943.0585, F.S., relating |
9 | to court-ordered expunction of criminal history records, |
10 | to revise a reference; amending s. 984.05, F.S.; revising |
11 | terminology applicable to rules relating to habitual |
12 | truants; amending s. 984.09, F.S.; deleting duplicative |
13 | provisions relating to contempt of court and alternative |
14 | sanctions; amending s. 985.02, F.S.; providing diversion |
15 | options for specified youth; amending s. 985.03, F.S.; |
16 | defining the term "ordinary medical care"; amending and |
17 | redesignating provisions of s. 985.037, F.S.; relating to |
18 | alterative sanctions; creating s. 985.0375, F.S.; |
19 | providing for alternative sanctions; amending s. 985.04, |
20 | F.S.; providing that confidential information obtained |
21 | during an official's service with juvenile delinquents may |
22 | be shared with authorized personnel of the Department of |
23 | Children and Family Services; amending s. 985.245, F.S.; |
24 | providing additional representatives to the committee |
25 | developing a risk assessment instrument; providing an |
26 | additional factor to be considered in a risk assessment |
27 | instrument; providing for periodic evaluation of risk |
28 | assessment instruments; amending s. 985.265, F.S.; |
29 | providing an exception in direct supervision housing for |
30 | supervision and monitoring of children in a jail or other |
31 | adult facility; creating s. 985.438, F.S.; providing for |
32 | commitment alternatives; providing for the Redirection |
33 | Program; providing eligibility for participation; |
34 | requiring maintenance of data for program evaluation; |
35 | amending s. 985.601, F.S.; requiring the Department of |
36 | Juvenile Justice to adopt rules to establish procedures to |
37 | provide ordinary medical care, mental health, substance |
38 | abuse, and developmental disabilities services to youth |
39 | within the juvenile justice continuum; requiring that |
40 | certain rulemaking be coordinated with other agencies; |
41 | requiring counties with non-state-funded delinquency |
42 | programs for youth to provide diversion options for |
43 | certain youth in order to participate in a specified |
44 | delinquency diversion program; amending s. 985.606, F.S.; |
45 | revising provisions relating to data collection; amending |
46 | s. 985.632, F.S.; providing for a demonstration project |
47 | using outcome-based contracts; requiring a report; |
48 | amending s. 985.644, F.S.; removing the reference to the |
49 | Department of Children and Family Services as it relates |
50 | to contracting for certain services; revising provisions |
51 | relating to the contracting powers of the Department of |
52 | Juvenile Justice; amending s. 985.66, F.S.; transferring |
53 | the responsibility for the juvenile justice training |
54 | program from the Juvenile Justice Standards and Training |
55 | Commission to the Department of Juvenile Justice; |
56 | conforming provisions; requiring the department to adopt |
57 | rules; defining the term "delinquency program staff"; |
58 | amending s. 985.664, F.S.; revising provisions relating to |
59 | juvenile justice circuit boards and juvenile justice |
60 | county councils to provide references to the Children and |
61 | Youth Cabinet; providing additional duties for councils |
62 | and boards; revising provisions concerning membership of |
63 | boards and councils; requiring the secretary of the |
64 | department to meet with the chair of the juvenile justice |
65 | circuit boards and the Children and Youth Cabinet at least |
66 | annually for specified purposes; amending s. 985.668, |
67 | F.S.; including juvenile justice county councils in |
68 | provisions relating to innovation zone proposals; amending |
69 | s. 985.676, F.S.; deleting a limit on renewals of annual |
70 | community juvenile justice partnership grants; providing |
71 | priority for funding certain applications; amending s. |
72 | 985.721, F.S.; conforming a cross-reference; creating s. |
73 | 1006.125, F.S.; requiring referral to law enforcement of |
74 | serious offenses; providing for reimbursement of secure |
75 | detention costs in certain circumstances; providing a |
76 | limit on such reimbursements; amending s. 1006.13, F.S.; |
77 | revising provisions relating to school policies concerning |
78 | crime and victimization to remove references to zero |
79 | tolerance; providing for consideration of certain provider |
80 | types relating to services for children in need of |
81 | services and families in need of services; providing an |
82 | appropriation; providing effective dates. |
83 |
|
84 | Be It Enacted by the Legislature of the State of Florida: |
85 |
|
86 | Section 1. Paragraph (b) of subsection (3) of section |
87 | 29.008, Florida Statutes, is amended to read: |
88 | 29.008 County funding of court-related functions.-- |
89 | (3) The following shall be considered a local requirement |
90 | pursuant to subparagraph (2)(a)1.: |
91 | (b) Alternative sanctions coordinators pursuant to s. |
92 | 985.0375 ss. 984.09 and 985.037. |
93 | Section 2. Paragraph (c) of subsection (4) of section |
94 | 790.22, Florida Statutes, is amended to read: |
95 | 790.22 Use of BB guns, air or gas-operated guns, or |
96 | electric weapons or devices by minor under 16; limitation; |
97 | possession of firearms by minor under 18 prohibited; |
98 | penalties.-- |
99 | (4) |
100 | (c) The juvenile justice circuit boards or juvenile |
101 | justice county councils or the Department of Juvenile Justice |
102 | shall establish appropriate community service programs to be |
103 | available as provided in s. 985.0375 to the alternative |
104 | sanctions coordinators of the circuit courts in implementing |
105 | this subsection. The boards or councils or department shall |
106 | propose the implementation of a community service program in |
107 | each circuit, and may submit a circuit plan, to be implemented |
108 | upon approval of the circuit alternative sanctions coordinator. |
109 | Section 3. Paragraph (a) of subsection (1) of section |
110 | 939.185, Florida Statutes, is amended to read: |
111 | 939.185 Assessment of additional court costs and |
112 | surcharges.-- |
113 | (1)(a) The board of county commissioners may adopt by |
114 | ordinance an additional court cost, not to exceed $65, to be |
115 | imposed by the court when a person pleads guilty or nolo |
116 | contendere to, or is found guilty of, or adjudicated delinquent |
117 | for, any felony, misdemeanor, delinquent act, or criminal |
118 | traffic offense under the laws of this state. Such additional |
119 | assessment shall be accounted for separately by the county in |
120 | which the offense occurred and be used only in the county |
121 | imposing this cost, to be allocated as follows: |
122 | 1. Twenty-five percent of the amount collected shall be |
123 | allocated to fund innovations to supplement state funding for |
124 | the elements of the state courts system identified in s. 29.004 |
125 | and county funding for local requirements under s. |
126 | 29.008(2)(a)2. |
127 | 2. Twenty-five percent of the amount collected shall be |
128 | allocated to assist counties in providing legal aid programs |
129 | required under s. 29.008(3)(a). |
130 | 3. Twenty-five percent of the amount collected shall be |
131 | allocated to fund personnel and legal materials for the public |
132 | as part of a law library. |
133 | 4. Twenty-five percent of the amount collected shall be |
134 | used as determined by the board of county commissioners to |
135 | support teen court programs, except as provided in s. 938.19(7), |
136 | juvenile assessment centers, and other juvenile alternative |
137 | programs that include diversion options for first time |
138 | misdemeanant youth or youth age 10 or younger. |
139 |
|
140 | Each county receiving funds under this section shall report the |
141 | amount of funds collected pursuant to this section and an |
142 | itemized list of expenditures for all authorized programs and |
143 | activities. The report shall be submitted in a format developed |
144 | by the Supreme Court to the Governor, the Chief Financial |
145 | Officer, the President of the Senate, and the Speaker of the |
146 | House of Representatives on a quarterly basis beginning with the |
147 | quarter ending September 30, 2004. Quarterly reports shall be |
148 | submitted no later than 30 days after the end of the quarter. |
149 | Any unspent funds at the close of the county fiscal year |
150 | allocated under subparagraphs 2., 3., and 4., shall be |
151 | transferred for use pursuant to subparagraph 1. |
152 | Section 4. Effective upon the effective date of HB 7089 or |
153 | similar legislation, if such legislation becomes law, paragraph |
154 | (a) of subsection (3) of section 943.053, Florida Statutes, is |
155 | amended to read: |
156 | 943.053 Dissemination of criminal justice information; |
157 | fees.-- |
158 | (3)(a)1. Criminal history information, including |
159 | information relating to minors, compiled by the Criminal Justice |
160 | Information Program from intrastate sources shall be available |
161 | on a priority basis to criminal justice agencies for criminal |
162 | justice purposes free of charge. After providing the program |
163 | with all known identifying information, persons in the private |
164 | sector and noncriminal justice agencies may be provided criminal |
165 | history information upon tender of fees as established in this |
166 | subsection and in the manner prescribed by rule of the |
167 | Department of Law Enforcement. Such fees are to offset the cost |
168 | of producing the record information, including the total cost of |
169 | creating, storing, maintaining, updating, retrieving, improving, |
170 | and providing criminal history information in a centralized, |
171 | automated database, including personnel, technology, and |
172 | infrastructure expenses. Any access to criminal history |
173 | information by the private sector or noncriminal justice |
174 | agencies as provided in this subsection shall be assessed |
175 | without regard to the quantity or category of criminal history |
176 | record information requested. Fees may be waived or reduced by |
177 | the executive director of the Department of Law Enforcement for |
178 | good cause shown. |
179 | 3. The subject of a criminal history record which is |
180 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
181 | of the State Constitution under subparagraph 2. when he or she |
182 | attains the age of 18 years may thereafter lawfully deny or fail |
183 | to acknowledge the arrests and dispositions covered by the |
184 | confidentiality and exemption, except when the subject of the |
185 | record: |
186 | a. Is a candidate for employment with a criminal justice |
187 | agency; |
188 | b. Is a defendant in a criminal prosecution; |
189 | c. Petitions for expunction or sealing under s. 943.0585 |
190 | or s. 943.059; |
191 | d. Is a candidate for admission to The Florida Bar; |
192 | e. Is seeking to be employed or licensed by or to contract |
193 | with the Department of Children and Family Services or the |
194 | Department of Juvenile Justice or to be employed or used by a |
195 | contractor or licensee of either department in a sensitive |
196 | position having direct contact with children, the |
197 | developmentally disabled, the aged, or the elderly as provided |
198 | in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. |
199 | 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. |
200 | 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429; |
201 | f. Is seeking to be employed or licensed by the Department |
202 | of Education, any district school board, any university |
203 | laboratory school, any charter school, any private or parochial |
204 | school, or any local governmental entity that licenses child |
205 | care facilities; |
206 | g. Is attempting to purchase a firearm from a licensed |
207 | importer, licensed manufacturer, or licensed dealer and is |
208 | subject to a criminal history background check under state or |
209 | federal law; or |
210 | h. Is seeking authorization from a Florida seaport |
211 | identified in s. 311.09 for employment within or access to one |
212 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
213 | 4. Subject to the exceptions in subparagraph 3., a person |
214 | whose criminal history record is confidential and exempt from s. |
215 | 119.07(1) and s. 24(a), Art. I of the State Constitution under |
216 | subparagraph 2. when he or she attains the age of 18 years may |
217 | not be held under any provision of law of this state to commit |
218 | perjury or to be otherwise liable for giving a false statement |
219 | by reason of such person's failure to recite or acknowledge the |
220 | confidential and exempt criminal history record. |
221 | Section 5. Paragraph (a) of subsection (4) of section |
222 | 943.0585, Florida Statutes, is amended to read: |
223 | 943.0585 Court-ordered expunction of criminal history |
224 | records.--The courts of this state have jurisdiction over their |
225 | own procedures, including the maintenance, expunction, and |
226 | correction of judicial records containing criminal history |
227 | information to the extent such procedures are not inconsistent |
228 | with the conditions, responsibilities, and duties established by |
229 | this section. Any court of competent jurisdiction may order a |
230 | criminal justice agency to expunge the criminal history record |
231 | of a minor or an adult who complies with the requirements of |
232 | this section. The court shall not order a criminal justice |
233 | agency to expunge a criminal history record until the person |
234 | seeking to expunge a criminal history record has applied for and |
235 | received a certificate of eligibility for expunction pursuant to |
236 | subsection (2). A criminal history record that relates to a |
237 | violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, |
238 | s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. |
239 | 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. |
240 | 893.135, s. 916.1075, a violation enumerated in s. 907.041, or |
241 | any violation specified as a predicate offense for registration |
242 | as a sexual predator pursuant to s. 775.21, without regard to |
243 | whether that offense alone is sufficient to require such |
244 | registration, or for registration as a sexual offender pursuant |
245 | to s. 943.0435, may not be expunged, without regard to whether |
246 | adjudication was withheld, if the defendant was found guilty of |
247 | or pled guilty or nolo contendere to the offense, or if the |
248 | defendant, as a minor, was found to have committed, or pled |
249 | guilty or nolo contendere to committing, the offense as a |
250 | delinquent act. The court may only order expunction of a |
251 | criminal history record pertaining to one arrest or one incident |
252 | of alleged criminal activity, except as provided in this |
253 | section. The court may, at its sole discretion, order the |
254 | expunction of a criminal history record pertaining to more than |
255 | one arrest if the additional arrests directly relate to the |
256 | original arrest. If the court intends to order the expunction of |
257 | records pertaining to such additional arrests, such intent must |
258 | be specified in the order. A criminal justice agency may not |
259 | expunge any record pertaining to such additional arrests if the |
260 | order to expunge does not articulate the intention of the court |
261 | to expunge a record pertaining to more than one arrest. This |
262 | section does not prevent the court from ordering the expunction |
263 | of only a portion of a criminal history record pertaining to one |
264 | arrest or one incident of alleged criminal activity. |
265 | Notwithstanding any law to the contrary, a criminal justice |
266 | agency may comply with laws, court orders, and official requests |
267 | of other jurisdictions relating to expunction, correction, or |
268 | confidential handling of criminal history records or information |
269 | derived therefrom. This section does not confer any right to the |
270 | expunction of any criminal history record, and any request for |
271 | expunction of a criminal history record may be denied at the |
272 | sole discretion of the court. |
273 | (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any |
274 | criminal history record of a minor or an adult which is ordered |
275 | expunged by a court of competent jurisdiction pursuant to this |
276 | section must be physically destroyed or obliterated by any |
277 | criminal justice agency having custody of such record; except |
278 | that any criminal history record in the custody of the |
279 | department must be retained in all cases. A criminal history |
280 | record ordered expunged that is retained by the department is |
281 | confidential and exempt from the provisions of s. 119.07(1) and |
282 | s. 24(a), Art. I of the State Constitution and not available to |
283 | any person or entity except upon order of a court of competent |
284 | jurisdiction. A criminal justice agency may retain a notation |
285 | indicating compliance with an order to expunge. |
286 | (a) The person who is the subject of a criminal history |
287 | record that is expunged under this section or under other |
288 | provisions of law, including s. 943.0515, former s. 893.14, |
289 | former s. 901.33, and former s. 943.058, may lawfully deny or |
290 | fail to acknowledge the arrests covered by the expunged record, |
291 | except when the subject of the record: |
292 | 1. Is a candidate for employment with a criminal justice |
293 | agency; |
294 | 2. Is a defendant in a criminal prosecution; |
295 | 3. Concurrently or subsequently petitions for relief under |
296 | this section or s. 943.059; |
297 | 4. Is a candidate for admission to The Florida Bar; |
298 | 5. Is seeking to be employed or licensed by or to contract |
299 | with the Department of Children and Family Services or the |
300 | Department of Juvenile Justice or to be employed or used by such |
301 | contractor or licensee in a sensitive position having direct |
302 | contact with children, the developmentally disabled, the aged, |
303 | or the elderly as provided in s. 110.1127(3), s. 393.063, s. |
304 | 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. |
305 | 409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter |
306 | 400, or chapter 429; |
307 | 6. Is seeking to be employed or licensed by the Department |
308 | of Education, any district school board, any university |
309 | laboratory school, any charter school, any private or parochial |
310 | school, or any local governmental entity that licenses child |
311 | care facilities; or |
312 | 7. Is seeking authorization from a Florida seaport |
313 | identified in s. 311.09 for employment within or access to one |
314 | or more of such seaports pursuant to s. 311.12 or s. 311.125. |
315 | Section 6. Section 984.05, Florida Statutes, is amended to |
316 | read: |
317 | 984.05 Rules relating to habitual truants; adoption by |
318 | State Board of Education and Department of Juvenile |
319 | Justice.--The Department of Juvenile Justice and the State Board |
320 | of Education shall work together on the development of, and |
321 | shall adopt, rules as necessary for administering the |
322 | implementation of ss. 984.03(27), 985.03(25), and 1003.27. |
323 | Section 7. Section 984.09, Florida Statutes, is amended to |
324 | read: |
325 | 984.09 Punishment for contempt of court; alternative |
326 | sanctions.-- |
327 | (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--Except as |
328 | otherwise provided in this section, the court may punish any |
329 | child for contempt for interfering with the court or with court |
330 | administration, or for violating any provision of this chapter |
331 | or order of the court relative thereto as provided in s. |
332 | 985.037. It is the intent of the Legislature that the court |
333 | restrict and limit the use of contempt powers with respect to |
334 | commitment of a child to a secure facility. A child who commits |
335 | direct contempt of court or indirect contempt of a valid court |
336 | order may be taken into custody and ordered to serve an |
337 | alternative sanction or placed in a secure facility, as |
338 | authorized in this section, by order of the court. |
339 | (2) PLACEMENT IN A SECURE FACILITY.-- |
340 | (a) A child may be placed in a secure facility as provided |
341 | in s. 985.037(2) for purposes of punishment for contempt of |
342 | court if alternative sanctions are unavailable or inappropriate, |
343 | or if the child has already been ordered to serve an alternative |
344 | sanction but failed to comply with the sanction. |
345 | (a) A delinquent child who has been held in direct or |
346 | indirect contempt may be placed in a secure detention facility |
347 | for 5 days for a first offense or 15 days for a second or |
348 | subsequent offense, or in a secure residential commitment |
349 | facility. |
350 | (b) A child in need of services who has been held in |
351 | direct contempt or indirect contempt may be placed, for 5 days |
352 | for a first offense or 15 days for a second or subsequent |
353 | offense, in a staff-secure shelter or a staff-secure residential |
354 | facility solely for children in need of services if such |
355 | placement is available, or, if such placement is not available, |
356 | the child may be placed in an appropriate mental health facility |
357 | or substance abuse facility for assessment. In addition to |
358 | disposition under this paragraph, a child in need of services |
359 | who is held in direct contempt or indirect contempt may be |
360 | placed in a physically secure setting as provided under s. |
361 | 984.226 if conditions of eligibility are met. |
362 | (3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall |
363 | have an alternative sanctions coordinator who shall serve under |
364 | the chief administrative judge of the juvenile division of the |
365 | circuit court, and who shall coordinate and maintain a spectrum |
366 | of contempt sanction alternatives in conjunction with the |
367 | circuit plan implemented in accordance with s. 790.22(4)(c). |
368 | Upon determining that a child has committed direct contempt of |
369 | court or indirect contempt of a valid court order, the court may |
370 | immediately request the alternative sanctions coordinator to |
371 | recommend the most appropriate available alternative sanction |
372 | and shall order the child to perform up to 50 hours of |
373 | community-service manual labor or a similar alternative |
374 | sanction, unless an alternative sanction is unavailable or |
375 | inappropriate, or unless the child has failed to comply with a |
376 | prior alternative sanction. Alternative contempt sanctions may |
377 | be provided by local industry or by any nonprofit organization |
378 | or any public or private business or service entity that has |
379 | entered into a contract with the Department of Juvenile Justice |
380 | to act as an agent of the state to provide voluntary supervision |
381 | of children on behalf of the state in exchange for the manual |
382 | labor of children and limited immunity in accordance with s. |
383 | 768.28(11). |
384 | (3)(4) CHILDREN IN NEED OF SERVICES CONTEMPT OF COURT |
385 | SANCTIONS; PROCEDURE AND DUE PROCESS.-- |
386 | (a) If a child is charged with direct contempt of court, |
387 | including traffic court, the court may impose an authorized |
388 | sanction immediately. |
389 | (b) If a child is charged with indirect contempt of court, |
390 | the court must hold a hearing within 24 hours to determine |
391 | whether the child committed indirect contempt of a valid court |
392 | order. At the hearing, the following due process rights must be |
393 | provided to the child: |
394 | 1. Right to a copy of the order to show cause alleging |
395 | facts supporting the contempt charge. |
396 | 2. Right to an explanation of the nature and the |
397 | consequences of the proceedings. |
398 | 3. Right to legal counsel and the right to have legal |
399 | counsel appointed by the court if the juvenile is indigent, |
400 | pursuant to s. 985.033. |
401 | 4. Right to confront witnesses. |
402 | 5. Right to present witnesses. |
403 | 6. Right to have a transcript or record of the proceeding. |
404 | 7. Right to appeal to an appropriate court. |
405 |
|
406 | The child's parent or guardian may address the court regarding |
407 | the due process rights of the child. The court shall review the |
408 | placement of the child every 72 hours to determine whether it is |
409 | appropriate for the child to remain in the facility. |
410 | (c) The court may not order that a child be placed in a |
411 | secure facility for punishment for contempt unless the court |
412 | determines that an alternative sanction is inappropriate or |
413 | unavailable or that the child was initially ordered to an |
414 | alternative sanction and did not comply with the alternative |
415 | sanction. The court is encouraged to order a child to perform |
416 | community service, up to the maximum number of hours, where |
417 | appropriate before ordering that the child be placed in a secure |
418 | facility as punishment for contempt of court. |
419 | (d) In addition to any other sanction imposed under s. |
420 | 985.037 this section, the court may direct the Department of |
421 | Highway Safety and Motor Vehicles to withhold issuance of, or |
422 | suspend, a child's driver's license or driving privilege. The |
423 | court may order that a child's driver's license or driving |
424 | privilege be withheld or suspended for up to 1 year for a first |
425 | offense of contempt and up to 2 years for a second or subsequent |
426 | offense. If the child's driver's license or driving privilege is |
427 | suspended or revoked for any reason at the time the sanction for |
428 | contempt is imposed, the court shall extend the period of |
429 | suspension or revocation by the additional period ordered under |
430 | this paragraph. If the child's driver's license is being |
431 | withheld at the time the sanction for contempt is imposed, the |
432 | period of suspension or revocation ordered under this paragraph |
433 | shall begin on the date on which the child is otherwise eligible |
434 | to drive. for a child in need of services whose driver's license |
435 | or driving privilege is suspended under that section this |
436 | paragraph, the court may direct the Department of Highway Safety |
437 | and Motor Vehicles to issue the child a license for driving |
438 | privileges restricted to business or employment purposes only, |
439 | as defined in s. 322.271, or for the purpose of completing |
440 | court-ordered community service, if the child is otherwise |
441 | qualified for a license. However, the department may not issue a |
442 | restricted license unless specifically ordered to do so by the |
443 | court. |
444 | (5) ALTERNATIVE SANCTIONS COORDINATOR.--There is created |
445 | the position of alternative sanctions coordinator within each |
446 | judicial circuit, pursuant to subsection (3). Each alternative |
447 | sanctions coordinator shall serve under the direction of the |
448 | chief administrative judge of the juvenile division as directed |
449 | by the chief judge of the circuit. The alternative sanctions |
450 | coordinator shall act as the liaison between the judiciary, |
451 | local department officials, district school board employees, and |
452 | local law enforcement agencies. The alternative sanctions |
453 | coordinator shall coordinate within the circuit community-based |
454 | alternative sanctions, including nonsecure detention programs, |
455 | community service projects, and other juvenile sanctions, in |
456 | conjunction with the circuit plan implemented in accordance with |
457 | s. 790.22(4)(c). |
458 | Section 8. Paragraph (e) is added to subsection (3) of |
459 | section 985.02, Florida Statutes, to read: |
460 | 985.02 Legislative intent for the juvenile justice |
461 | system.-- |
462 | (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.--It is |
463 | the policy of the state with respect to juvenile justice and |
464 | delinquency prevention to first protect the public from acts of |
465 | delinquency. In addition, it is the policy of the state to: |
466 | (e) Encourage and promote diversion options when |
467 | appropriate, especially for first-time misdemeanant youth or |
468 | youth age 10 or younger. |
469 |
|
470 | The Legislature intends that detention care, in addition to |
471 | providing secure and safe custody, will promote the health and |
472 | well-being of the children committed thereto and provide an |
473 | environment that fosters their social, emotional, intellectual, |
474 | and physical development. |
475 | Section 9. Subsections (39) through (57) of section |
476 | 985.03, Florida Statutes, are redesignated as subsections (40) |
477 | through (58), respectively, and a new subsection (39) is added |
478 | to that section to read: |
479 | 985.03 Definitions.--As used in this chapter, the term: |
480 | (39) "Ordinary medical care" means medical procedures |
481 | which are administered or performed on a routine basis and |
482 | include, but are not limited to, inoculations, physical |
483 | examinations, remedial treatment for minor illnesses and |
484 | injuries, preventive services, medication management, chronic |
485 | disease management, and other medical procedures that are |
486 | administered or performed on a routine basis and that do not |
487 | involve hospitalization, surgery, or use of general anesthesia. |
488 | Section 10. Subsections (1), (2), and (4) of section |
489 | 985.037, Florida Statutes, are amended, and subsections (3) and |
490 | (5) of that section are redesignated as subsections (1) and (2) |
491 | of section 985.0375, Florida Statutes, and amended to read: |
492 | 985.037 Punishment for contempt of court; alternative |
493 | sanctions.-- |
494 | (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court may |
495 | punish any child for contempt for interfering with the court or |
496 | with court administration, or for violating any provision of |
497 | this chapter or order of the court relative thereto. It is the |
498 | intent of the Legislature that the court restrict and limit the |
499 | use of contempt powers with respect to commitment of a child to |
500 | a secure facility. A child who commits direct contempt of court |
501 | or indirect contempt of a valid court order may be taken into |
502 | custody and ordered to serve an alternative sanction or placed |
503 | in a secure facility, as authorized in this section, by order of |
504 | the court. |
505 | (2) PLACEMENT IN A SECURE FACILITY.--A child may be placed |
506 | in a secure facility for purposes of punishment for contempt of |
507 | court if alternative sanctions are unavailable or inappropriate, |
508 | or if the child has already been ordered to serve an alternative |
509 | sanction but failed to comply with the sanction. A delinquent |
510 | child who has been held in direct or indirect contempt may be |
511 | placed in a secure detention facility not to exceed 5 days for a |
512 | first offense and not to exceed 15 days for a second or |
513 | subsequent offense. |
514 | (3)(4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE |
515 | PROCESS.-- |
516 | (a) If a child is charged with direct contempt of court, |
517 | including traffic court, the court may impose an authorized |
518 | sanction immediately. |
519 | (b) If a child is charged with indirect contempt of court, |
520 | the court must hold a hearing within 24 hours to determine |
521 | whether the child committed indirect contempt of a valid court |
522 | order. At the hearing, the following due process rights must be |
523 | provided to the child: |
524 | 1. Right to a copy of the order to show cause alleging |
525 | facts supporting the contempt charge. |
526 | 2. Right to an explanation of the nature and the |
527 | consequences of the proceedings. |
528 | 3. Right to legal counsel and the right to have legal |
529 | counsel appointed by the court if the juvenile is indigent, |
530 | under s. 985.033. |
531 | 4. Right to confront witnesses. |
532 | 5. Right to present witnesses. |
533 | 6. Right to have a transcript or record of the proceeding. |
534 | 7. Right to appeal to an appropriate court. |
535 |
|
536 | The child's parent or guardian may address the court regarding |
537 | the due process rights of the child. The court shall review the |
538 | placement of the child every 72 hours to determine whether it is |
539 | appropriate for the child to remain in the facility. |
540 | (c) The court may not order that a child be placed in a |
541 | secure facility for punishment for contempt unless the court |
542 | determines that an alternative sanction is inappropriate or |
543 | unavailable or that the child was initially ordered to an |
544 | alternative sanction and did not comply with the alternative |
545 | sanction. The court is encouraged to order a child to perform |
546 | community service, up to the maximum number of hours, where |
547 | appropriate before ordering that the child be placed in a secure |
548 | facility as punishment for contempt of court. |
549 | (d) In addition to any other sanction imposed under this |
550 | section, the court may direct the Department of Highway Safety |
551 | and Motor Vehicles to withhold issuance of, or suspend, a |
552 | child's driver's license or driving privilege. The court may |
553 | order that a child's driver's license or driving privilege be |
554 | withheld or suspended for up to 1 year for a first offense of |
555 | contempt and up to 2 years for a second or subsequent offense. |
556 | If the child's driver's license or driving privilege is |
557 | suspended or revoked for any reason at the time the sanction for |
558 | contempt is imposed, the court shall extend the period of |
559 | suspension or revocation by the additional period ordered under |
560 | this paragraph. If the child's driver's license is being |
561 | withheld at the time the sanction for contempt is imposed, the |
562 | period of suspension or revocation ordered under this paragraph |
563 | shall begin on the date on which the child is otherwise eligible |
564 | to drive. |
565 | 985.0375 Alternative sanctions.-- |
566 | (1)(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall |
567 | have an alternative sanctions coordinator who shall serve under |
568 | the chief administrative judge of the juvenile division of the |
569 | circuit court, and who shall coordinate and maintain a spectrum |
570 | of contempt sanction alternatives in conjunction with the |
571 | circuit plan implemented in accordance with s. 790.22(4)(c). |
572 | Upon determining that a child has committed direct contempt of |
573 | court or indirect contempt of a valid court order, the court may |
574 | immediately request the alternative sanctions coordinator to |
575 | recommend the most appropriate available alternative sanction |
576 | and shall order the child to perform up to 50 hours of |
577 | community-service manual labor or a similar alternative |
578 | sanction, unless an alternative sanction is unavailable or |
579 | inappropriate, or unless the child has failed to comply with a |
580 | prior alternative sanction. Alternative contempt sanctions may |
581 | be provided by local industry or by any nonprofit organization |
582 | or any public or private business or service entity that has |
583 | entered into a contract with the department of Juvenile Justice |
584 | to act as an agent of the state to provide voluntary supervision |
585 | of children on behalf of the state in exchange for the manual |
586 | labor of children and limited immunity in accordance with s. |
587 | 768.28(11). |
588 | (2)(5) ALTERNATIVE SANCTIONS COORDINATOR.--There is |
589 | created the position of alternative sanctions coordinator within |
590 | each judicial circuit, pursuant to subsection (1)(3). Each |
591 | alternative sanctions coordinator shall serve under the |
592 | direction of the chief administrative judge of the juvenile |
593 | division as directed by the chief judge of the circuit. The |
594 | alternative sanctions coordinator shall act as the liaison |
595 | between the judiciary, local department officials, district |
596 | school board employees, and local law enforcement agencies. The |
597 | alternative sanctions coordinator shall coordinate within the |
598 | circuit community-based alternative sanctions, including |
599 | nonsecure detention programs, community service projects, and |
600 | other juvenile sanctions, to implement s. 790.22(4) in |
601 | conjunction with the circuit plan implemented in accordance with |
602 | s. 790.22(4)(c). |
603 | Section 11. Subsections (1) and (7) of section 985.04, |
604 | Florida Statutes, are amended to read: |
605 | 985.04 Oaths; records; confidential information.-- |
606 | (1) Except as provided in subsections (2), (3), (6), and |
607 | (7) and s. 943.053, all information obtained under this chapter |
608 | in the discharge of official duty by any judge, any employee of |
609 | the court, any authorized agent of the department, the Parole |
610 | Commission, the Department of Corrections, the juvenile justice |
611 | circuit boards, any law enforcement agent, or any licensed |
612 | professional or licensed community agency representative |
613 | participating in the assessment or treatment of a juvenile is |
614 | confidential and may be disclosed only to the authorized |
615 | personnel of the court, the department and its designees, the |
616 | Department of Corrections, the Department of Children and Family |
617 | Services, the Parole Commission, law enforcement agents, school |
618 | superintendents and their designees, any licensed professional |
619 | or licensed community agency representative participating in the |
620 | assessment or treatment of a juvenile, and others entitled under |
621 | this chapter to receive that information, or upon order of the |
622 | court. Within each county, the sheriff, the chiefs of police, |
623 | the district school superintendent, and the department shall |
624 | enter into an interagency agreement for the purpose of sharing |
625 | information about juvenile offenders among all parties. The |
626 | agreement must specify the conditions under which summary |
627 | criminal history information is to be made available to |
628 | appropriate school personnel, and the conditions under which |
629 | school records are to be made available to appropriate |
630 | department personnel. Such agreement shall require notification |
631 | to any classroom teacher of assignment to the teacher's |
632 | classroom of a juvenile who has been placed in a probation or |
633 | commitment program for a felony offense. The agencies entering |
634 | into such agreement must comply with s. 943.0525, and must |
635 | maintain the confidentiality of information that is otherwise |
636 | exempt from s. 119.07(1), as provided by law. |
637 | (7)(a) Records in the custody of the department regarding |
638 | children are not open to inspection by the public. Such records |
639 | may be inspected only upon order of the Secretary of Juvenile |
640 | Justice or his or her authorized agent by persons who have |
641 | sufficient reason and upon such conditions for their use and |
642 | disposition as the secretary or his or her authorized agent |
643 | deems proper. The information in such records may be disclosed |
644 | only to other employees of the department who have a need |
645 | therefor in order to perform their official duties; to other |
646 | persons as authorized by rule of the department; and, upon |
647 | request, to the Department of Corrections and the Department of |
648 | Children and Family Services. The secretary or his or her |
649 | authorized agent may permit properly qualified persons to |
650 | inspect and make abstracts from records for statistical purposes |
651 | under whatever conditions upon their use and disposition the |
652 | secretary or his or her authorized agent deems proper, provided |
653 | adequate assurances are given that children's names and other |
654 | identifying information will not be disclosed by the applicant. |
655 | (b) The destruction of records pertaining to children |
656 | committed to or supervised by the department pursuant to a court |
657 | order, which records are retained until a child reaches the age |
658 | of 24 years or until a serious or habitual delinquent child |
659 | reaches the age of 26 years, shall be subject to chapter 943. |
660 | Section 12. Subsection (2) of section 985.245, Florida |
661 | Statutes, is amended to read: |
662 | 985.245 Risk assessment instrument.-- |
663 | (2)(a) The risk assessment instrument for detention care |
664 | placement determinations and court orders shall be developed by |
665 | the department in consultation agreement with a committee |
666 | composed of two representatives appointed by the following |
667 | associations: the Conference of Circuit Judges of Florida, the |
668 | Prosecuting Attorneys Association, the Public Defenders |
669 | Association, the Florida Sheriffs Association, and the Florida |
670 | Association of Chiefs of Police. Each association shall appoint |
671 | two individuals, one representing an urban area and one |
672 | representing a rural area. In addition, the committee shall |
673 | include two representatives from child advocacy organizations, |
674 | and two recognized child mental health experts, appointed by the |
675 | department. The parties involved shall evaluate and revise the |
676 | risk assessment instrument as is considered necessary using the |
677 | method for revision as agreed by the parties. The risk |
678 | assessment instrument shall be evaluated to determine if the |
679 | instrument contributes to disproportionate minority contact. |
680 | (b) The risk assessment instrument shall take into |
681 | consideration, but need not be limited to, prior history of |
682 | failure to appear, prior offenses, prior history of residential |
683 | delinquency commitments, offenses committed pending |
684 | adjudication, any unlawful possession of a firearm, theft of a |
685 | motor vehicle or possession of a stolen motor vehicle, and |
686 | probation status at the time the child is taken into custody. |
687 | The risk assessment instrument shall also take into |
688 | consideration appropriate aggravating and mitigating |
689 | circumstances, and shall be designed to target a narrower |
690 | population of children than s. 985.255. The risk assessment |
691 | instrument shall also include any information concerning the |
692 | child's history of abuse and neglect. The risk assessment shall |
693 | indicate whether detention care is warranted, and, if detention |
694 | care is warranted, whether the child should be placed into |
695 | secure, nonsecure, or home detention care. |
696 | (c) Any risk assessment instrument used for detention care |
697 | placement determinations and court orders shall be validated not |
698 | later than December 31, 2008, and periodically evaluated |
699 | thereafter for continued validity. |
700 | Section 13. Subsection (5) of section 985.265, Florida |
701 | Statutes, is amended to read: |
702 | 985.265 Detention transfer and release; education; adult |
703 | jails.-- |
704 | (5) The court shall order the delivery of a child to a |
705 | jail or other facility intended or used for the detention of |
706 | adults: |
707 | (a) When the child has been transferred or indicted for |
708 | criminal prosecution as an adult under part X, except that the |
709 | court may not order or allow a child alleged to have committed a |
710 | misdemeanor who is being transferred for criminal prosecution |
711 | pursuant to either s. 985.556 or s. 985.557 to be detained or |
712 | held in a jail or other facility intended or used for the |
713 | detention of adults; however, such child may be held temporarily |
714 | in a detention facility; or |
715 | (b) When a child taken into custody in this state is |
716 | wanted by another jurisdiction for prosecution as an adult. |
717 |
|
718 | The child shall be housed separately from adult inmates to |
719 | prohibit a child from having regular contact with incarcerated |
720 | adults, including trustees. "Regular contact" means sight and |
721 | sound contact. Separation of children from adults shall permit |
722 | no more than haphazard or accidental contact. The receiving jail |
723 | or other facility shall contain a separate section for children |
724 | and shall have an adequate staff to supervise and monitor the |
725 | child's activities at all times. Supervision and monitoring of |
726 | children includes physical observation and documented checks by |
727 | jail or receiving facility supervisory personnel at intervals |
728 | not to exceed 15 minutes, except in direct supervision housing |
729 | with 24-hour supervision. This subsection does not prohibit |
730 | placing two or more children in the same cell. Under no |
731 | circumstances shall a child be placed in the same cell with an |
732 | adult. |
733 | Section 14. Section 985.438, Florida Statutes, is created |
734 | to read: |
735 | 985.438 Commitment alternatives; Redirection Program.-- |
736 | (1) The Redirection Program is created for the purpose of |
737 | providing an alternative to residential commitment for eligible |
738 | youth that would otherwise be committed to a residential |
739 | program. Under this program, eligible youth may be diverted or |
740 | redirected to a therapy-based community program when |
741 | appropriate. The department, in conjunction with the chief judge |
742 | and the state attorney in each participating judicial circuit, |
743 | shall develop criteria to identify those eligible youth that are |
744 | appropriate for participation in the program. Eligible youth |
745 | shall include youth that: |
746 | (a) Have been adjudicated delinquent, or have had |
747 | adjudication withheld, for a non-law violation such as a |
748 | violation of a condition of probation; or |
749 | (b) Have been adjudicated delinquent, or have had |
750 | adjudication withheld, for a nonviolent felony, other than a |
751 | first degree felony or any felony direct-filed in adult court, |
752 | except that a female adjudicated delinquent, or with |
753 | adjudication withheld, for domestic violence shall be considered |
754 | eligible. |
755 | (2) The Redirection Program must provide evidence-based |
756 | multisystemic therapy and functional family therapy, except that |
757 | treatment services shall be functional family therapy for youth |
758 | for whom these services are appropriate. |
759 | (3) The department shall maintain the data necessary for |
760 | continued longitudinal evaluations of the program, including |
761 | those relating to program expansion and program effectiveness. |
762 | Section 15. Subsection (2) of section 985.601, Florida |
763 | Statutes, is amended, and paragraph (e) is added to subsection |
764 | (3) of that section, to read: |
765 | 985.601 Administering the juvenile justice continuum.-- |
766 | (2)(a) The department shall develop and implement an |
767 | appropriate continuum of care that provides individualized, |
768 | multidisciplinary assessments, objective evaluations of relative |
769 | risks, and the matching of needs with placements for all |
770 | children under its care, and that uses a system of case |
771 | management to facilitate each child being appropriately |
772 | assessed, provided with services, and placed in a program that |
773 | meets the child's needs. |
774 | (b) As part of the continuum of services, the department |
775 | shall adopt rules establishing procedures to provide ordinary |
776 | medical care, mental health, substance abuse, and developmental |
777 | disabilities services to youth within the juvenile justice |
778 | continuum as defined in s. 985.03. The department shall |
779 | coordinate such rulemaking with other affected agencies to avoid |
780 | duplication, conflict, or inconsistency. |
781 | (3) |
782 | (e) In order to be eligible to participate in the state- |
783 | funded Intensive Delinquency Diversion Services Program, |
784 | counties with non-state-funded delinquency programs for youth |
785 | must include diversion options for first-time misdemeanant youth |
786 | or youth 10 years of age 10 or younger, unless otherwise |
787 | prohibited. |
788 | Section 16. Section 985.606, Florida Statutes, is amended |
789 | to read: |
790 | 985.606 Prevention services providers; outcome performance |
791 | data collection; reporting.--Each state agency or entity that |
792 | receives or uses state appropriations to fund programs, grants, |
793 | appropriations, or activities that are designed to prevent |
794 | juvenile crime, delinquency, gang membership, status offenses, |
795 | or that are designed to prevent a child from becoming a "child |
796 | in need of services," as defined in chapter 984, shall collect |
797 | data relative to the outcomes related to performance of such |
798 | activities and shall provide said data to the Governor, the |
799 | President of the Senate, and the Speaker of the House no later |
800 | than January 31st of each year for the preceding fiscal year. |
801 | Section 17. Subsection (8) is added to section 985.632, |
802 | Florida Statutes, to read: |
803 | 985.632 Quality assurance and cost-effectiveness; outcome- |
804 | based contracting.-- |
805 | (8) To create an accountable juvenile justice system that |
806 | is outcome-based, the department is authorized to conduct a |
807 | demonstration project using outcome-based contracts. During |
808 | fiscal year 2008-2009, the department shall develop, in |
809 | consultation with the Department of Financial Services and a |
810 | provider organization with multiple sites, an implementation |
811 | plan for outcome-based contracting. Such a plan shall include |
812 | interim and long-term outcome performance measures, strategies |
813 | for using financial incentives and disincentives to increase |
814 | provider performance, a plan to shift oversight and monitoring |
815 | of providers from a compliance-based approach to a more outcome- |
816 | based approach, and recommendations of needed legislative action |
817 | for implementation. This plan shall be submitted to the |
818 | Executive Office of the Governor, the Speaker of the House of |
819 | Representatives, and the President of the Senate no later than |
820 | March 1, 2009. |
821 | Section 18. Section 985.644, Florida Statutes, is amended |
822 | to read: |
823 | 985.644 Departmental contracting powers; personnel |
824 | standards and screening.-- |
825 | (1) The department of Juvenile Justice or the Department |
826 | of Children and Family Services, as appropriate, may contract |
827 | with the Federal Government, other state departments and |
828 | agencies, county and municipal governments and agencies, public |
829 | and private agencies, and private individuals and corporations |
830 | in carrying out the purposes of, and the responsibilities |
831 | established in, this chapter. |
832 | (a) When the department of Juvenile Justice or the |
833 | Department of Children and Family Services contracts with a |
834 | provider for any program for children, all personnel, including |
835 | owners, operators, employees, and volunteers, in the facility |
836 | must be of good moral character. Each contract entered into by |
837 | the either department for services delivered on an appointment |
838 | or intermittent basis by a provider that does not have regular |
839 | custodial responsibility for children and each contract with a |
840 | school for before or aftercare services must ensure that the |
841 | owners, operators, and all personnel who have direct contact |
842 | with children are of good moral character. A volunteer who |
843 | assists on an intermittent basis for less than 40 hours per |
844 | month need not be screened if the volunteer is under direct and |
845 | constant supervision by persons who meet the screening |
846 | requirements. |
847 | (b) The department of Juvenile Justice and the Department |
848 | of Children and Family Services shall require employment |
849 | screening pursuant to chapter 435, using the level 2 standards |
850 | set forth in that chapter for personnel in programs for children |
851 | or youths. |
852 | (c) The department of Juvenile Justice or the Department |
853 | of Children and Family Services may grant exemptions from |
854 | disqualification from working with children as provided in s. |
855 | 435.07. |
856 | (2) The department may contract with the Federal |
857 | Government, other state departments and agencies, county and |
858 | municipal governments and agencies, public and private agencies, |
859 | and private individuals and corporations in carrying out the |
860 | purposes and the responsibilities of the delinquency services |
861 | and programs of the department. |
862 | (2)(3) The department shall adopt a rule pursuant to |
863 | chapter 120 establishing a procedure to provide notice of policy |
864 | changes that affect contracted delinquency services and |
865 | programs. A policy is defined as an operational requirement that |
866 | applies to only the specified contracted delinquency service or |
867 | program. The procedure must shall include: |
868 | (a) Public notice of policy development. |
869 | (b) Opportunity for public comment on the proposed policy. |
870 | (c) Assessment for fiscal impact upon the department and |
871 | providers. |
872 | (d) The department's response to comments received. |
873 | (4) When the department contracts with a provider for any |
874 | delinquency service or program, all personnel, including all |
875 | owners, operators, employees, and volunteers in the facility or |
876 | providing the service or program shall be of good moral |
877 | character. A volunteer who assists on an intermittent basis for |
878 | less than 40 hours per month is not required to be screened if |
879 | the volunteer is under direct and constant supervision by |
880 | persons who meet the screening requirements. |
881 | (3)(5)(a) For any person employed by the department, or by |
882 | a provider under contract with the department, in delinquency |
883 | facilities, services, or programs, the department shall require: |
884 | 1. A level 2 employment screening pursuant to chapter 435 |
885 | prior to employment. |
886 | 2. A federal criminal records check by the Federal Bureau |
887 | of Investigation every 5 years following the date of the |
888 | person's employment. |
889 | (b) Except for law enforcement, correctional, and |
890 | correctional probation officers, to whom s. 943.13(5) applies, |
891 | the department shall electronically submit to the Department of |
892 | Law Enforcement: |
893 | 1. Fingerprint information obtained during the employment |
894 | screening required by subparagraph (a)1. |
895 | 2. Beginning on December 15, 2005, Fingerprint information |
896 | for all persons employed by the department, or by a provider |
897 | under contract with the department, in delinquency facilities, |
898 | services, or programs if such fingerprint information has not |
899 | previously been electronically submitted to the Department of |
900 | Law Enforcement under this paragraph. |
901 | (c) All fingerprint information electronically submitted |
902 | to the Department of Law Enforcement under paragraph (b) shall |
903 | be retained by the Department of Law Enforcement and entered |
904 | into the statewide automated fingerprint identification system |
905 | authorized by s. 943.05(2)(b). Thereafter, such fingerprint |
906 | information shall be available for all purposes and uses |
907 | authorized for arrest fingerprint information entered into the |
908 | statewide automated fingerprint identification system pursuant |
909 | to s. 943.051 until the fingerprint information is removed under |
910 | pursuant to paragraph (e). The Department of Law Enforcement |
911 | shall search all arrest fingerprint information received |
912 | pursuant to s. 943.051 against the fingerprint information |
913 | entered into the statewide automated fingerprint system under |
914 | pursuant to this subsection. Any arrest records identified as a |
915 | result of the search shall be reported to the department in the |
916 | manner and timeframe established by the Department of Law |
917 | Enforcement by rule. |
918 | (d) The department shall pay an annual fee to the |
919 | Department of Law Enforcement for its costs resulting from the |
920 | fingerprint information retention services required by this |
921 | subsection. The amount of the annual fee and procedures for the |
922 | submission and retention of fingerprint information and for the |
923 | dissemination of search results shall be established by the |
924 | Department of Law Enforcement by adopting a rule that is |
925 | applicable to the department individually under pursuant to this |
926 | subsection or that is applicable to the department and other |
927 | employing agencies pursuant to rulemaking authority otherwise |
928 | provided by law. |
929 | (e) The department shall notify the Department of Law |
930 | Enforcement when a person whose fingerprint information is |
931 | retained by the Department of Law Enforcement under this |
932 | subsection is no longer employed by the department, or by a |
933 | provider under contract with the department, in a delinquency |
934 | facility, service, or program. This notice shall be provided by |
935 | the department to the Department of Law Enforcement no later |
936 | than 6 months after the date of the change in the person's |
937 | employment status. Fingerprint information for persons |
938 | identified by the department in the notice shall be removed from |
939 | the statewide automated fingerprint system. |
940 | (6) The department may grant exemptions from |
941 | disqualification from working with children as provided in s. |
942 | 435.07. |
943 | Section 19. Subsections (2) and (3), paragraph (a) of |
944 | subsection (4), and subsections (5), (6), (7), (8), and (9) of |
945 | section 985.66, Florida Statutes, are amended to read: |
946 | 985.66 Juvenile justice training academies; Juvenile |
947 | Justice Standards and Training Commission; Juvenile Justice |
948 | Training Trust Fund.-- |
949 | (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE |
950 | STANDARDS AND TRAINING COMMISSION.-- |
951 | (a) There is created under the Department of Juvenile |
952 | Justice the Juvenile Justice Standards and Training Commission, |
953 | hereinafter referred to as the commission. The 17-member |
954 | commission shall consist of the Attorney General or designee, |
955 | the Commissioner of Education or designee, a member of the |
956 | juvenile court judiciary to be appointed by the Chief Justice |
957 | of the Supreme Court, and 14 members to be appointed by the |
958 | Secretary of Juvenile Justice as follows: |
959 | 1. Seven members shall be juvenile justice professionals: |
960 | a superintendent or a direct care staff member from an |
961 | institution; a director from a contracted community-based |
962 | program; a superintendent and a direct care staff member from a |
963 | regional detention center or facility; a juvenile probation |
964 | officer supervisor and a juvenile probation officer; and a |
965 | director of a day treatment or conditional release program. No |
966 | fewer than three of these members shall be contract providers. |
967 | 2. Two members shall be representatives of local law |
968 | enforcement agencies. |
969 | 3. One member shall be an educator from the state's |
970 | university and community college program of criminology, |
971 | criminal justice administration, social work, psychology, |
972 | sociology, or other field of study pertinent to the training of |
973 | juvenile justice program staff. |
974 | 4. One member shall be a member of the public. |
975 | 5. One member shall be a state attorney, or assistant |
976 | state attorney, who has juvenile court experience. |
977 | 6. One member shall be a public defender, or assistant |
978 | public defender, who has juvenile court experience. |
979 | 7. One member shall be a representative of the business |
980 | community. |
981 | |
982 | All appointed members shall be appointed to serve terms of 2 |
983 | years. |
984 | (b) The composition of the commission shall be broadly |
985 | reflective of the public and shall include minorities and |
986 | women. The term "minorities" as used in this paragraph means a |
987 | member of a socially or economically disadvantaged group that |
988 | includes blacks, Hispanics, and American Indians. |
989 | (c) The Department of Juvenile Justice shall provide the |
990 | commission with staff necessary to assist the commission in the |
991 | performance of its duties. |
992 | (d) The commission shall annually elect its chairperson |
993 | and other officers. The commission shall hold at least four |
994 | regular meetings each year at the call of the chairperson or |
995 | upon the written request of three members of the commission. A |
996 | majority of the members of the commission constitutes a quorum. |
997 | Members of the commission shall serve without compensation but |
998 | are entitled to be reimbursed for per diem and travel expenses |
999 | as provided by s. 112.061 and these expenses shall be paid from |
1000 | the Juvenile Justice Training Trust Fund. |
1001 | (e) The powers, duties, and functions of the department |
1002 | commission shall be to: |
1003 | (a)1. Designate the location of the training academies; |
1004 | develop, implement, maintain, and update the curriculum to be |
1005 | used in the training of delinquency juvenile justice program |
1006 | staff; establish timeframes for participation in and completion |
1007 | of training by delinquency juvenile justice program staff; |
1008 | develop, implement, maintain, and update job-related |
1009 | examinations; develop, implement, and update the types and |
1010 | frequencies of evaluations of the training academies; approve, |
1011 | modify, or disapprove the budget for the training academies, |
1012 | and the contractor to be selected to organize and operate the |
1013 | training academies and to provide the training curriculum. |
1014 | (b)2. Establish uniform minimum job-related training |
1015 | courses and examinations for delinquency juvenile justice |
1016 | program staff. |
1017 | (c)3. Consult and cooperate with the state or any |
1018 | political subdivision; any private entity or contractor; and |
1019 | with private and public universities, colleges, community |
1020 | colleges, and other educational institutions concerning the |
1021 | development of juvenile justice training and programs or |
1022 | courses of instruction, including, but not limited to, |
1023 | education and training in the areas of juvenile justice. |
1024 | (d)4. Enter into With the approval of the department, |
1025 | make and enter into such contracts and agreements with other |
1026 | agencies, organizations, associations, corporations, |
1027 | individuals, or federal agencies as the commission determines |
1028 | are necessary in the execution of its powers or the performance |
1029 | of its duties. |
1030 | 5. Make recommendations to the Department of Juvenile |
1031 | Justice concerning any matter within the purview of this |
1032 | section. |
1033 | (3) JUVENILE JUSTICE TRAINING PROGRAM.--The department |
1034 | commission shall establish a certifiable program for juvenile |
1035 | justice training pursuant to this section, and all delinquency |
1036 | department program staff and providers who deliver direct care |
1037 | services pursuant to contract with the department shall be |
1038 | required to participate in and successfully complete the |
1039 | commission-approved program of training pertinent to their |
1040 | areas of responsibility. Judges, state attorneys, and public |
1041 | defenders, law enforcement officers, and school district |
1042 | personnel may participate in such training program. For the |
1043 | delinquency juvenile justice program staff, the department |
1044 | commission shall, based on a job-task analysis: |
1045 | (a) Design, implement, maintain, evaluate, and revise a |
1046 | basic training program, including a competency-based |
1047 | examination, for the purpose of providing minimum employment |
1048 | training qualifications for all delinquency program staff |
1049 | juvenile justice personnel. All delinquency program staff of |
1050 | the department and providers who deliver direct-care services |
1051 | who are hired after October 1, 1999, must meet the following |
1052 | minimum requirements: |
1053 | 1. Be at least 19 years of age. |
1054 | 2. Be a high school graduate or its equivalent as |
1055 | determined by the department commission. |
1056 | 3. Not have been convicted of any felony or a misdemeanor |
1057 | involving perjury or a false statement, or have received a |
1058 | dishonorable discharge from any of the Armed Forces of the |
1059 | United States. Any person who, after September 30, 1999, pleads |
1060 | guilty or nolo contendere to or is found guilty of any felony |
1061 | or a misdemeanor involving perjury or false statement is not |
1062 | eligible for employment, notwithstanding suspension of sentence |
1063 | or withholding of adjudication. Notwithstanding this |
1064 | subparagraph, any person who pled nolo contendere to a |
1065 | misdemeanor involving a false statement before October 1, 1999, |
1066 | and who has had such record of that plea sealed or expunged is |
1067 | not ineligible for employment for that reason. |
1068 | 4. Abide by all the provisions of s. 985.644(1) regarding |
1069 | fingerprinting and background investigations and other |
1070 | screening requirements for personnel. |
1071 | 5. Execute and submit to the department an affidavit-of- |
1072 | application form, adopted by the department, attesting to his |
1073 | or her compliance with subparagraphs 1.-4. The affidavit must |
1074 | be executed under oath and constitutes an official statement |
1075 | under s. 837.06. The affidavit must include conspicuous |
1076 | language that the intentional false execution of the affidavit |
1077 | constitutes a misdemeanor of the second degree. The employing |
1078 | agency shall retain the affidavit. |
1079 | (b) Design, implement, maintain, evaluate, and revise an |
1080 | advanced training program, including a competency-based |
1081 | examination for each training course, which is intended to |
1082 | enhance knowledge, skills, and abilities related to job |
1083 | performance. |
1084 | (c) Design, implement, maintain, evaluate, and revise a |
1085 | career development training program, including a competency- |
1086 | based examination for each training course. Career development |
1087 | courses are intended to prepare personnel for promotion. |
1088 |
|
1089 | (d) The department commission is encouraged to design, |
1090 | implement, maintain, evaluate, and revise juvenile justice |
1091 | training courses, or to enter into contracts for such training |
1092 | courses, that are intended to provide for the safety and well- |
1093 | being of both citizens and juvenile offenders. |
1094 | (4) JUVENILE JUSTICE TRAINING TRUST FUND.-- |
1095 | (a) There is created within the State Treasury a Juvenile |
1096 | Justice Training Trust Fund to be used by the Department of |
1097 | Juvenile Justice for the purpose of funding the development and |
1098 | updating of a job-task analysis of delinquency program staff |
1099 | juvenile justice personnel; the development, implementation, |
1100 | and updating of job-related training courses and examinations; |
1101 | and the cost of commission-approved juvenile justice training |
1102 | courses; and reimbursement for expenses as provided in s. |
1103 | 112.061 for members of the commission and staff. |
1104 | (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING |
1105 | ACADEMIES.--The number, location, and establishment of juvenile |
1106 | justice training academies shall be determined by the |
1107 | department commission. |
1108 | (6) SCHOLARSHIPS AND STIPENDS.-- |
1109 | (a) By rule, the department commission shall establish |
1110 | criteria to award scholarships or stipends to qualified |
1111 | delinquency program staff juvenile justice personnel who are |
1112 | residents of the state who want to pursue a bachelor's or |
1113 | associate in arts degree in juvenile justice or a related |
1114 | field. The department shall handle the administration of the |
1115 | scholarship or stipend. The Department of Education shall |
1116 | handle the notes issued for the payment of the scholarships or |
1117 | stipends. All scholarship and stipend awards shall be paid from |
1118 | the Juvenile Justice Training Trust Fund upon vouchers approved |
1119 | by the Department of Education and properly certified by the |
1120 | Chief Financial Officer. Prior to the award of a scholarship or |
1121 | stipend, the delinquency program staff juvenile justice |
1122 | employee must agree in writing to practice her or his |
1123 | profession in juvenile justice or a related field for 1 month |
1124 | for each month of grant or to repay the full amount of the |
1125 | scholarship or stipend together with interest at the rate of 5 |
1126 | percent per annum over a period not to exceed 10 years. |
1127 | Repayment shall be made payable to the state for deposit into |
1128 | the Juvenile Justice Training Trust Fund. |
1129 | (b) The department commission may establish the |
1130 | scholarship program by rule and implement the program on or |
1131 | after July 1, 1996. |
1132 | (7) ADOPTION OF RULES.--The department may commission |
1133 | shall adopt rules as necessary to carry out the provisions of |
1134 | this section. |
1135 | (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK |
1136 | MANAGEMENT TRUST FUND.--Pursuant to s. 284.30, the Division of |
1137 | Risk Management of the Department of Financial Services is |
1138 | authorized to insure a private agency, individual, or |
1139 | corporation operating a state-owned training school under a |
1140 | contract to carry out the purposes and responsibilities of any |
1141 | program of the department. The coverage authorized herein shall |
1142 | be under the same general terms and conditions as the |
1143 | department is insured for its responsibilities under chapter |
1144 | 284. |
1145 | (9) DELINQUENCY PROGRAM STAFF DEFINED.--As used in this |
1146 | section, the term "delinquency program staff" means supervisory |
1147 | and direct care staff of a delinquency program as well as |
1148 | support staff who have direct contact with children in a |
1149 | delinquency program that is owned or operated by the |
1150 | department. |
1151 | (9) The Juvenile Justice Standards and Training Commission |
1152 | is terminated on June 30, 2001, and such termination shall be |
1153 | reviewed by the Legislature prior to that date. |
1154 | Section 20. Subsections (1), (2), (6), (7), and (10) of |
1155 | section 985.664, Florida Statutes, are amended, subsection (13) |
1156 | of that section is redesignated as subsection (14), and new |
1157 | subsections (13) and (15) are added to that section, to read: |
1158 | 985.664 Juvenile justice circuit boards and juvenile |
1159 | justice county councils.-- |
1160 | (1) There is authorized a juvenile justice circuit board |
1161 | to be established in each of the 20 judicial circuits and a |
1162 | juvenile justice county council to be established in each of the |
1163 | 67 counties. The purpose of each juvenile justice circuit board |
1164 | and each juvenile justice county council is to provide advice |
1165 | and direction to the department and the Children and Youth |
1166 | Cabinet in the development and implementation of juvenile |
1167 | justice programs and to work collaboratively with the department |
1168 | in seeking program improvements and policy changes to address |
1169 | the emerging and changing needs of Florida's youth who are at |
1170 | risk of delinquency. |
1171 | (2) Each juvenile justice county council shall develop a |
1172 | juvenile justice prevention and early intervention plan for the |
1173 | county and shall collaborate with the circuit board and other |
1174 | county councils assigned to that circuit in the development of a |
1175 | comprehensive plan for the circuit. As part of such plan, each |
1176 | council and board shall make provision for continual monitoring |
1177 | to identify and remedy disproportionate minority contact with |
1178 | the juvenile justice system. The Children and Youth Cabinet |
1179 | shall consider these local plans in implementing s. 402.56(5). |
1180 | (6) Each juvenile justice circuit board shall provide an |
1181 | annual report to the department and to the Children and Youth |
1182 | Cabinet describing the activities of the circuit board and each |
1183 | of the county councils contained within its circuit. The |
1184 | department may prescribe a format and content requirements for |
1185 | submission of annual reports. |
1186 | (7) Membership of the juvenile justice circuit board may |
1187 | not exceed 18 members, except as provided in subsections (8) and |
1188 | (9). Members must include the state attorney, the public |
1189 | defender, and the chief judge of the circuit, or their |
1190 | respective designees. The remaining 15 members of the board must |
1191 | be appointed by the county councils within that circuit. The |
1192 | board where possible must be composed of an equitable number of |
1193 | members include at least one representative from each county |
1194 | council within the circuit, taking into account differences in |
1195 | population. In appointing members to the circuit board, the |
1196 | county councils must reflect: |
1197 | (a) The circuit's geography and population distribution. |
1198 | (b) Juvenile justice partners, including, but not limited |
1199 | to, representatives of law enforcement, the school system, and |
1200 | the Department of Children and Family Services. |
1201 | (c) Diversity in the judicial circuit. |
1202 | (d) Representation from residents of communities in |
1203 | targeted high-crime zip codes as identified by the department |
1204 | and based on referral rates within the county. |
1205 | (10) Membership of the juvenile justice county councils, |
1206 | or juvenile justice circuit boards established under subsection |
1207 | (9), must include representation from residents of communities |
1208 | in targeted high-crime zip codes as identified by the department |
1209 | and based on referral rates within the county and may also |
1210 | include representatives from the following entities: |
1211 | (a) Representatives from the school district, which may |
1212 | include elected school board officials, the school |
1213 | superintendent, school or district administrators, teachers, and |
1214 | counselors. |
1215 | (b) Representatives of the board of county commissioners. |
1216 | (c) Representatives of the governing bodies of local |
1217 | municipalities within the county. |
1218 | (d) A representative of the corresponding circuit or |
1219 | regional entity of the Department of Children and Family |
1220 | Services. |
1221 | (e) Representatives of local law enforcement agencies, |
1222 | including the sheriff or the sheriff's designee. |
1223 | (f) Representatives of the judicial system. |
1224 | (g) Representatives of the business community. |
1225 | (h) Representatives of other interested officials, groups, |
1226 | or entities, including, but not limited to, a children's |
1227 | services council, public or private providers of juvenile |
1228 | justice programs and services, students, parents, and advocates. |
1229 | Private providers of juvenile justice programs may not exceed |
1230 | one-third of the voting membership. |
1231 | (i) Representatives of the faith community. |
1232 | (j) Representatives of victim-service programs and victims |
1233 | of crimes. |
1234 | (k) Representatives of the Department of Corrections. |
1235 | (13) The secretary shall meet at least annually, |
1236 | individually or collectively, by phone or in person, with the |
1237 | chair of the juvenile justice circuit boards and the Children |
1238 | and Youth Cabinet in order to: |
1239 | (a) Advise juvenile justice circuit board chairs of |
1240 | statewide juvenile justice issues and activities. |
1241 | (b) Provide and receive comments on prevention and |
1242 | intervention program budget priorities. |
1243 | (c) Provide and receive comments on the planning process. |
1244 | (d) Discuss program development, program implementation, |
1245 | quality assurance, and program outcomes. |
1246 | (15) Juvenile justice circuit boards and county councils |
1247 | shall use due diligence in notifying the community of board |
1248 | vacancies through various community outreach outlets such as |
1249 | community newspapers, religious organizations, and free public |
1250 | announcements. |
1251 | Section 21. Section 985.668, Florida Statutes, is amended |
1252 | to read: |
1253 | 985.668 Innovation zones.-- |
1254 | (1) The department shall encourage each of the juvenile |
1255 | justice circuit boards, in consultation with the juvenile |
1256 | justice county council within the circuit, to propose at least |
1257 | one innovation zone within the circuit for the purpose of |
1258 | implementing any experimental, pilot, or demonstration project |
1259 | that furthers the legislatively established goals of the |
1260 | department. An innovation zone is a defined geographic area such |
1261 | as a circuit, commitment region, county, municipality, service |
1262 | delivery area, school campus, or neighborhood providing a |
1263 | laboratory for the research, development, and testing of the |
1264 | applicability and efficacy of model programs, policy options, |
1265 | and new technologies for the department. |
1266 | (2)(1)(a) The juvenile justice circuit board shall submit |
1267 | a proposal for an innovation zone to the secretary. If the |
1268 | purpose of the proposed innovation zone is to demonstrate that |
1269 | specific statutory goals can be achieved more effectively by |
1270 | using procedures that require modification of existing rules, |
1271 | policies, or procedures, the proposal may request the secretary |
1272 | to waive such existing rules, policies, or procedures or to |
1273 | otherwise authorize use of alternative procedures or practices. |
1274 | Waivers of such existing rules, policies, or procedures must |
1275 | comply with applicable state or federal law. |
1276 | (b) For innovation zone proposals that the secretary |
1277 | determines require changes to state law, the secretary may |
1278 | submit a request for a waiver from such laws, together with any |
1279 | proposed changes to state law, to the chairs of the appropriate |
1280 | legislative committees for consideration. |
1281 | (c) For innovation zone proposals that the secretary |
1282 | determines require waiver of federal law, the secretary may |
1283 | submit a request for such waivers to the applicable federal |
1284 | agency. |
1285 | (3)(2) An innovation zone project may not have a duration |
1286 | of more than 2 years, but the secretary may grant an extension. |
1287 | (4)(3) Before implementing an innovation zone under this |
1288 | subsection, the secretary shall, in conjunction with the Office |
1289 | of Program Policy Analysis and Government Accountability, |
1290 | develop measurable and valid objectives for such zone within a |
1291 | negotiated reasonable period of time. Moneys designated for an |
1292 | innovation zone in one operating circuit may not be used to fund |
1293 | an innovation zone in another operating circuit. |
1294 | (5)(4) Program models for innovation zone projects |
1295 | include, but are not limited to: |
1296 | (a) A forestry alternative work program that provides |
1297 | selected juvenile offenders an opportunity to serve in a |
1298 | forestry work program as an alternative to incarceration, in |
1299 | which offenders assist in wildland firefighting, enhancement of |
1300 | state land management, environmental enhancement, and land |
1301 | restoration. |
1302 | (b) A collaborative public/private dropout prevention |
1303 | partnership that trains personnel from both the public and |
1304 | private sectors of a target community who are identified and |
1305 | brought into the school system as an additional resource for |
1306 | addressing problems which inhibit and retard learning, including |
1307 | abuse, neglect, financial instability, pregnancy, and substance |
1308 | abuse. |
1309 | (c) A support services program that provides economically |
1310 | disadvantaged youth with support services, jobs, training, |
1311 | counseling, mentoring, and prepaid postsecondary tuition |
1312 | scholarships. |
1313 | (d) A juvenile offender job training program that offers |
1314 | an opportunity for juvenile offenders to develop educational and |
1315 | job skills in a 12-month to 18-month nonresidential training |
1316 | program, teaching the offenders skills such as computer-aided |
1317 | design, modular panel construction, and heavy vehicle repair and |
1318 | maintenance which will readily transfer to the private sector, |
1319 | thereby promoting responsibility and productivity. |
1320 | (e) An infant mortality prevention program that is |
1321 | designed to discourage unhealthy behaviors such as smoking and |
1322 | alcohol or drug consumption, reduce the incidence of babies born |
1323 | prematurely or with low birth weight, reduce health care cost by |
1324 | enabling babies to be safely discharged earlier from the |
1325 | hospital, reduce the incidence of child abuse and neglect, and |
1326 | improve parenting and problem-solving skills. |
1327 | (f) A regional crime prevention and intervention program |
1328 | that serves as an umbrella agency to coordinate and replicate |
1329 | existing services to at-risk children, first-time juvenile |
1330 | offenders, youth crime victims, and school dropouts. |
1331 | (g) An alternative education outreach school program that |
1332 | serves delinquent repeat offenders between 14 and 18 years of |
1333 | age who have demonstrated failure in school and who are referred |
1334 | by the juvenile court. |
1335 | (h) A drug treatment and prevention program that provides |
1336 | early identification of children with alcohol or drug problems |
1337 | to facilitate treatment, comprehensive screening and assessment, |
1338 | family involvement, and placement options. |
1339 | (i) A community resource mother or father program that |
1340 | emphasizes parental responsibility for the behavior of children, |
1341 | and requires the availability of counseling services for |
1342 | children at high risk for delinquent behavior. |
1343 | Section 22. Paragraphs (a) and (b) of subsection (2) and |
1344 | subsection (3) of section 985.676, Florida Statutes, are amended |
1345 | to read: |
1346 | 985.676 Community juvenile justice partnership grants.-- |
1347 | (2) GRANT APPLICATION PROCEDURES.-- |
1348 | (a) Each entity wishing to apply for an annual community |
1349 | juvenile justice partnership grant, which may be renewed for a |
1350 | maximum of 2 additional years for the same provision of |
1351 | services, shall submit a grant proposal for funding or continued |
1352 | funding to the department. The department shall establish the |
1353 | grant application procedures. In order to be considered for |
1354 | funding, the grant proposal shall include the following |
1355 | assurances and information: |
1356 | 1. A letter from the chair of the juvenile justice circuit |
1357 | board confirming that the grant application has been reviewed |
1358 | and found to support one or more purposes or goals of the |
1359 | juvenile justice plan as developed by the board. |
1360 | 2. A rationale and description of the program and the |
1361 | services to be provided, including goals and objectives. |
1362 | 3. A method for identification of the juveniles most |
1363 | likely to be involved in the juvenile justice system who will be |
1364 | the focus of the program. |
1365 | 4. Provisions for the participation of parents and |
1366 | guardians in the program. |
1367 | 5. Coordination with other community-based and social |
1368 | service prevention efforts, including, but not limited to, drug |
1369 | and alcohol abuse prevention and dropout prevention programs, |
1370 | that serve the target population or neighborhood. |
1371 | 6. An evaluation component to measure the effectiveness of |
1372 | the program in accordance with s. 985.632. |
1373 | 7. A program budget, including the amount and sources of |
1374 | local cash and in-kind resources committed to the budget. The |
1375 | proposal must establish to the satisfaction of the department |
1376 | that the entity will make a cash or in-kind contribution to the |
1377 | program of a value that is at least equal to 20 percent of the |
1378 | amount of the grant. |
1379 | 8. The necessary program staff. |
1380 | (b) The department shall consider the following in |
1381 | awarding such grants: |
1382 | 1. The recommendations of the juvenile justice county |
1383 | council as to the priority that should be given to proposals |
1384 | submitted by entities within a county. |
1385 | 2. The recommendations of the juvenile justice circuit |
1386 | board as to the priority that should be given to proposals |
1387 | submitted by entities within a circuit. |
1388 |
|
1389 | As the first priority in awarding grants under this paragraph, |
1390 | the department shall fund applications that meet the |
1391 | requirements of this section and also fulfill the local juvenile |
1392 | circuit board plans. |
1393 | (3) RESTRICTIONS.--This section does not prevent a program |
1394 | initiated under a community juvenile justice partnership grant |
1395 | established pursuant to this section from continuing to operate |
1396 | beyond the 3-year maximum funding period if it can find other |
1397 | funding sources. Likewise, This section does not restrict the |
1398 | number of programs an entity may apply for or operate. |
1399 | Section 23. Section 985.721, Florida Statutes, is amended |
1400 | to read: |
1401 | 985.721 Escapes from secure detention or residential |
1402 | commitment facility.--An escape from: |
1403 | (1) Any secure detention facility maintained for the |
1404 | temporary detention of children, pending adjudication, |
1405 | disposition, or placement; |
1406 | (2) Any residential commitment facility described in s. |
1407 | 985.03(45)(44), maintained for the custody, treatment, |
1408 | punishment, or rehabilitation of children found to have |
1409 | committed delinquent acts or violations of law; or |
1410 | (3) Lawful transportation to or from any such secure |
1411 | detention facility or residential commitment facility, |
1412 |
|
1413 | constitutes escape within the intent and meaning of s. 944.40 |
1414 | and is a felony of the third degree, punishable as provided in |
1415 | s. 775.082, s. 775.083, or s. 775.084. |
1416 | Section 24. Section 1006.125, Florida Statutes, is created |
1417 | to read: |
1418 | 1006.125 Referrals to law enforcement; serious offenses.-- |
1419 | (1) A student alleged to have committed a serious offense |
1420 | shall be reported to the law enforcement agency having |
1421 | jurisdiction over the student's school of attendance. This |
1422 | requirement may be satisfied by providing notice to the |
1423 | appropriate school resource officer of the charge of violation |
1424 | of the code of student conduct and discipline code. |
1425 | (2) As used in this section, serious offense includes an |
1426 | offense that would constitute a capital felony; life felony; |
1427 | first degree felony; second or third degree felony involving a |
1428 | firearm or weapon or violence against another person; a |
1429 | delinquent act that would constitute such a felony if committed |
1430 | by an adult; or an offense that poses a serious threat to school |
1431 | safety or the safety of any individual student or group of |
1432 | students. |
1433 | (3) Counties may seek reimbursement from the school |
1434 | district for secure detention costs associated with the referral |
1435 | of a student for an offense other than that specified in this |
1436 | section when the school authority refers the student to law |
1437 | enforcement and requests that the student be placed in secure |
1438 | detention and the student is placed in secure detention. In such |
1439 | case, the county may be reimbursed at a rate not to exceed the |
1440 | per diem rate set by the Department of Juvenile Justice pursuant |
1441 | to s. 985.686. |
1442 | Section 25. Subsections (1) and (2) of section 1006.13, |
1443 | Florida Statutes, are amended to read: |
1444 | 1006.13 Policy of zero tolerance for crime and |
1445 | victimization.-- |
1446 | (1) Each district school board shall adopt a policy of |
1447 | zero tolerance for: |
1448 | (a) Crime and substance abuse, including the reporting of |
1449 | delinquent acts and crimes occurring whenever and wherever |
1450 | students are under the jurisdiction of the district school |
1451 | board. |
1452 | (b) Victimization of students, including taking all steps |
1453 | necessary to protect the victim of any violent crime from any |
1454 | further victimization. |
1455 | (2) The zero tolerance policy shall require students found |
1456 | to have committed one of the following serious criminal offenses |
1457 | to be expelled, with or without continuing educational services, |
1458 | from the student's regular school for a period of not less than |
1459 | 1 full year, and to be referred to the criminal justice or |
1460 | juvenile justice system. |
1461 | (a) Bringing a firearm or weapon, as defined in chapter |
1462 | 790, to school, to any school function, or onto any school- |
1463 | sponsored transportation or possessing a firearm at school. |
1464 | (b) Making a threat or false report, as defined by ss. |
1465 | 790.162 and 790.163, respectively, involving school or school |
1466 | personnel's property, school transportation, or a school- |
1467 | sponsored activity. |
1468 |
|
1469 | District school boards may assign the student to a disciplinary |
1470 | program for the purpose of continuing educational services |
1471 | during the period of expulsion. District school superintendents |
1472 | may consider the 1-year expulsion requirement on a case-by-case |
1473 | basis and request the district school board to modify the |
1474 | requirement by assigning the student to a disciplinary program |
1475 | or second chance school if the request for modification is in |
1476 | writing and it is determined to be in the best interest of the |
1477 | student and the school system. If a student committing any of |
1478 | the offenses in this subsection is a student with a disability, |
1479 | the district school board shall comply with applicable State |
1480 | Board of Education rules. |
1481 | Section 26. A children-in-need-of-services and families- |
1482 | in-need-of-services provider shall demonstrate that it has |
1483 | considered local, nontraditional, nonresidential delinquency |
1484 | prevention service providers, including, but not limited to, |
1485 | grassroots, community-based, and faith-based organizations, to |
1486 | subcontract and deliver nonresidential services to youth |
1487 | eligible for such services as defined in chapter 984, Florida |
1488 | Statutes, in areas with high ratios of juvenile arrests in |
1489 | relation to the numbers of youth ages 10 to 17 in those areas. |
1490 | Such services shall be offered throughout the judicial circuit |
1491 | by the children-in-need-of-services and families-in-need-of- |
1492 | services provider. |
1493 | Section 27. For fiscal year 2008-2009, there is hereby |
1494 | appropriated from the General Revenue Fund to the Department of |
1495 | Juvenile Justice $50,000 in nonrecurring funds for the purpose |
1496 | of developing curriculum to be used for the certification of |
1497 | direct care staff of the department. |
1498 | Section 28. Except as otherwise expressly provided in this |
1499 | act, this act shall take effect July 1, 2008. |