HB 1211

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 394.492,
3	F.S.; including children 9 years of age or younger at the
4	time of referral for delinquency within the definition of
5	those children who are eligible to receive comprehensive
6	mental health services; amending s. 984.03, F.S.;
7	redefining the term "child in need of services" to provide
8	that a child is eligible to receive comprehensive services
9	if the child is 9 years of age or younger at the time of
10	referral for delinquency; amending s. 985.02, F.S.;
11	providing additional legislative findings and intent;
12	directing the Department of Juvenile Justice to focus on
13	the principles of restorative justice; requiring that the
14	department direct services toward at-risk children in
15	order to divert them from the juvenile justice system;
16	amending s. 985.03, F.S.; redefining the term "child in
17	need of services" to provide that a child is eligible to
18	receive comprehensive services if the child is 9 years of
19	age or younger at the time of referral for delinquency;
20	amending s. 985.125, F.S.; encouraging law enforcement
21	agencies, school districts, counties, municipalities and
22	the Department of Juvenile Justice to establish prearrest
23	or postarrest diversion programs for first-time
24	misdemeanor offenders who are 9 years of age or younger;
25	amending s. 985.245, F.S.; modifying the size and
26	composition of the risk assessment committee; requiring
27	that the risk assessment instrument be independently
28	validated; amending s. 985.664, F.S.; authorizing each
29	juvenile justice circuit board to increase the number of
30	board members from three to five; providing an effective
31	date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Paragraph (i) is added to subsection (4) of
36	section 394.492, Florida Statutes, to read:
37	394.492  Definitions.--As used in ss. 394.490-394.497, the
38	term:
39	(4)  "Child or adolescent at risk of emotional disturbance"
40	means a person under 18 years of age who has an increased
41	likelihood of becoming emotionally disturbed because of risk
42	factors that include, but are not limited to:
43	(i)  Being 9 years of age or younger at the time of
44	referral for committing a delinquent act.
45	Section 2.  Subsection (9) of section 984.03, Florida
46	Statutes, is amended to read:
47	984.03  Definitions.--When used in this chapter, the term:
48	(9)  "Child in need of services" means a child for whom
49	there is no pending investigation into an allegation or
50	suspicion of abuse, neglect, or abandonment; no pending referral
51	alleging the child is delinquent, except for a child 9 years of
52	age or younger who is referred to the department; or no current
53	supervision by the department of Juvenile Justice or the
54	Department of Children and Family Services for an adjudication
55	of dependency or delinquency. The child must also, pursuant to
56	this chapter, be found by the court:
57	(a)  To have persistently run away from the child's parents
58	or legal custodians despite reasonable efforts of the child, the
59	parents or legal custodians, and appropriate agencies to remedy
60	the conditions contributing to the behavior. Reasonable efforts
61	shall include voluntary participation by the child's parents or
62	legal custodians and the child in family mediation, services,
63	and treatment offered by the department of Juvenile Justice or
64	the Department of Children and Family Services;
65	(b)  To be habitually truant from school, while subject to
66	compulsory school attendance, despite reasonable efforts to
67	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
68	through voluntary participation by the child's parents or legal
69	custodians and by the child in family mediation, services, and
70	treatment offered by the department of Juvenile Justice or the
71	Department of Children and Family Services; or
72	(c)  To have persistently disobeyed the reasonable and
73	lawful demands of the child's parents or legal custodians, and
74	to be beyond their control despite efforts by the child's
75	parents or legal custodians and appropriate agencies to remedy
76	the conditions contributing to the behavior. Reasonable efforts
77	may include such things as good faith participation in family or
78	individual counseling; or
79	(d)  To be 9 years of age or younger and have been referred
80	to the department for committing a delinquent act.
81	Section 3.  Subsections (9), (10), and (11) are added to
82	section 985.02, Florida Statutes, to read:
83	985.02  Legislative intent for the juvenile justice
84	system.--
85	(9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
86	finds that very young children need age-appropriate services in
87	order to prevent and reduce future acts of delinquency. Children
88	who are 9 years of age or younger, who have been determined by
89	the court to pose no danger to the community and are unlikely to
90	recidivate, should be diverted into prearrest or postarrest
91	programs, civil citation programs, or children-in-need-of-
92	services and families-in-need-of-services programs, as
93	appropriate. If, following a needs assessment, the child is
94	found to be in need of mental health services or substance abuse
95	treatment services, the department shall cooperate with the
96	Department of Children and Family Services to provide the most
97	appropriate services for the child.
98	(10)  RESTORATIVE JUSTICE.--
99	(a)  It is the intent of the Legislature that the juvenile
100	justice system advance the principles of restorative justice.
101	The department shall focus on repairing the harm to victims of
102	delinquent behavior, ensuring that the child understands the
103	effect of his or her delinquent behavior on the victim and the
104	community, and restoring the loss suffered by the victim. The
105	department shall ensure that victims of juvenile crime are
106	afforded all rights as enumerated in the State Constitution,
107	chapter 960, and this chapter.
108	(b)  Offender accountability is one of the basic principles
109	of restorative justice. The premise of this principle is that
110	the juvenile justice system must respond to delinquent behavior
111	in such a way that the offender is made aware of and takes
112	responsibility for repaying or restoring loss, damage, or injury
113	to the victim and the community. This goal is achieved when the
114	offender understands the consequences of delinquent behavior in
115	terms of harm to others, and when the offender compensates for
116	the harm, loss, or damage through restitution, community
117	service, or other appropriate payback.
118	(11)  IMPLEMENTATION OF PREVENTION AND DIVERSION
119	INITIATIVES.--The Legislature finds that the leadership role of
120	community stakeholders and citizens is invaluable to any effort
121	aimed at reducing juvenile delinquency and of the contact of at-
122	risk youth with the juvenile justice system. Services must be
123	directed toward youth who reside in communities that generate
124	the most juvenile delinquency referrals to the juvenile justice
125	system. Prevention and diversion initiatives serve at-risk youth
126	best when facilitated by community or faith-based organizations
127	that do not benefit financially from the delivery or
128	facilitation of these services, and which are designed to
129	prevent at-risk youth from entering the justice system. State
130	entities that comprise the justice system are encouraged to
131	maintain an active role in supporting the localized planning and
132	implementation efforts of community organizations which seek to
133	reduce juvenile delinquency. For purposes of this subsection,
134	term "at-risk youth" means that identified portion of
135	adjudicated youth who, whether based on age, gender, ethnicity,
136	or socioeconomic status, are numerically overrepresented in the
137	juvenile justice system. For the purpose of this subsection, the
138	term "overrepresented" means a condition whereby a larger
139	proportion of a particular group is present at various stages of
140	the juvenile justice system than would be expected based on the
141	percentage of youth in the state's overall youth population.
142	Section 4.  Subsection (7) of section 985.03, Florida
143	Statutes, is amended to read:
144	985.03  Definitions.--As used in this chapter, the term:
145	(7)  "Child in need of services" means a child for whom
146	there is no pending investigation into an allegation or
147	suspicion of abuse, neglect, or abandonment; no pending referral
148	alleging the child is delinquent, except for a child 9 years of
149	age or younger who is referred to the department; or no current
150	supervision by the department or the Department of Children and
151	Family Services for an adjudication of dependency or
152	delinquency. The child must also, under this chapter, be found
153	by the court:
154	(a)  To have persistently run away from the child's parents
155	or legal custodians despite reasonable efforts of the child, the
156	parents or legal custodians, and appropriate agencies to remedy
157	the conditions contributing to the behavior. Reasonable efforts
158	shall include voluntary participation by the child's parents or
159	legal custodians and the child in family mediation, services,
160	and treatment offered by the department or the Department of
161	Children and Family Services;
162	(b)  To be habitually truant from school, while subject to
163	compulsory school attendance, despite reasonable efforts to
164	remedy the situation under ss. 1003.26 and 1003.27 and through
165	voluntary participation by the child's parents or legal
166	custodians and by the child in family mediation, services, and
167	treatment offered by the department of Juvenile Justice or the
168	Department of Children and Family Services; or
169	(c)  To have persistently disobeyed the reasonable and
170	lawful demands of the child's parents or legal custodians, and
171	to be beyond their control despite efforts by the child's
172	parents or legal custodians and appropriate agencies to remedy
173	the conditions contributing to the behavior. Reasonable efforts
174	may include such things as good faith participation in family or
175	individual counseling; or
176	(d)  To be 9 years of age or younger and have been referred
177	to the department for committing a delinquent act.
178	Section 5.  Subsection (1) of section 985.125, Florida
179	Statutes, is amended to read:
180	985.125  Prearrest or postarrest diversion programs.--
181	(1)  A law enforcement agency, or school district, county,
182	municipality, or the department, in cooperation with the state
183	attorney, is encouraged to may establish a prearrest or
184	postarrest diversion programs for first-time misdemeanor
185	offenders and offenders who are 9 years of age or younger
186	program.
187	Section 6.  Subsection (2) of section 985.245, Florida
188	Statutes, is amended to read:
189	985.245  Risk assessment instrument.--
190	(2)(a)  The risk assessment instrument for detention care
191	placement determinations and court orders shall be developed by
192	the department in agreement with a committee composed of two
193	representatives appointed by the following associations: the
194	Conference of Circuit Judges of Florida, the Prosecuting
195	Attorneys Association, the Public Defenders Association, the
196	Florida Sheriffs Association, and the Florida Association of
197	Chiefs of Police. Each association shall appoint two
198	individuals, one representing an urban area and one representing
199	a rural area. The committee must also include two
200	representatives from child advocacy organizations appointed by
201	the secretary of the department. The parties involved shall
202	evaluate and revise the risk assessment instrument as is
203	considered necessary using the method for revision as agreed by
204	the parties.
205	(b)  The risk assessment instrument shall take into
206	consideration, but need not be limited to, prior history of
207	failure to appear, prior offenses, offenses committed pending
208	adjudication, any unlawful possession of a firearm, theft of a
209	motor vehicle or possession of a stolen motor vehicle, and
210	probation status at the time the child is taken into custody.
211	The risk assessment instrument shall also take into
212	consideration appropriate aggravating and mitigating
213	circumstances, and shall be designed to identify target a
214	narrower population of children than the population identified
215	under s. 985.255. The risk assessment instrument shall also
216	include any information concerning the child's history of abuse
217	and neglect. The risk assessment shall indicate whether
218	detention care is warranted, and, if detention care is
219	warranted, whether the child should be placed into secure,
220	nonsecure, or home detention care.
221	(c)  The risk assessment instrument shall be independently
222	validated. The department shall review the population, policies,
223	and procedures affecting the use of detention every 7 years and
224	determine the necessity of revalidating the risk assessment
225	instrument. Validation shall include an assessment of the
226	effectiveness of the instrument's ability to measure the risk
227	that the child will commit a repeat offense or fail to appear
228	for court proceedings. The risk assessment instrument shall also
229	be evaluated to determine if the instrument contributes to
230	disproportionate minority contact.
231	Section 7.  Subsection (8) of section 985.664, Florida
232	Statutes, is amended to read:
233	985.664  Juvenile justice circuit boards and juvenile
234	justice county councils.--
235	(8)  At any time after the adoption of initial bylaws
236	pursuant to subsection (12), a juvenile justice circuit board
237	may revise the bylaws to increase the number of members by not
238	more than five three in order to adequately reflect the
239	diversity of the population and community organizations or
240	agencies in the circuit.
241	Section 8.  This act shall take effect July 1, 2009.

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