CS/CS/HB 1211

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 394.492,
3F.S.; including children 9 years of age or younger at the
4time of referral for delinquency within the definition of
5those children who are eligible to receive comprehensive
6mental health services; amending s. 984.03, F.S.;
7redefining the term "child in need of services" to provide
8that a child is eligible to receive comprehensive services
9if the child is 9 years of age or younger at the time of
10referral for delinquency; amending s. 985.02, F.S.;
11providing additional legislative findings and intent;
12directing the Department of Juvenile Justice to focus on
13the principles of restorative justice; requiring that the
14department direct services toward at-risk children in
15order to divert them from the juvenile justice system;
16amending s. 985.03, F.S.; redefining the term "child in
17need of services" to provide that a child is eligible to
18receive comprehensive services if the child is 9 years of
19age or younger at the time of referral for delinquency;
20creating s. 985.031, F.S.; authorizing the circuit court
21to set reasonable conditions of preadjudicatory release
22for children charged with specified acts or who have
23previously been charged with or committed delinquent acts;
24providing examples of such conditions; amending s.
25985.125, F.S.; encouraging law enforcement agencies,
26school districts, counties, municipalities and the
27Department of Juvenile Justice to establish prearrest or
28postarrest diversion programs for first-time misdemeanor
29offenders who are 9 years of age or younger; amending s.
30985.245, F.S.; modifying the size and composition of the
31risk assessment committee; requiring that the risk
32assessment instrument be independently validated; amending
33s. 985.664, F.S.; authorizing each juvenile justice
34circuit board to increase the number of board members from
35three to five; amending s. 985.43, F.S.; providing a
36legislative declaration concerning the determination
37whether to commit a juvenile to the department and the
38most appropriate placement level if the juvenile is
39committed; amending s. 985.433, F.S.; revising provisions
40relating to recommendations by probation officers to the
41court concerning placement and any proposed treatment plan
42of juveniles; requiring that reasons for a disposition be
43stated for the record; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraph (i) is added to subsection (4) of
48section 394.492, Florida Statutes, to read:
49     394.492  Definitions.--As used in ss. 394.490-394.497, the
50term:
51     (4)  "Child or adolescent at risk of emotional disturbance"
52means a person under 18 years of age who has an increased
53likelihood of becoming emotionally disturbed because of risk
54factors that include, but are not limited to:
55     (i)  Being 9 years of age or younger at the time of
56referral for committing a delinquent act.
57     Section 2.  Subsection (9) of section 984.03, Florida
58Statutes, is amended to read:
59     984.03  Definitions.--When used in this chapter, the term:
60     (9)  "Child in need of services" means a child for whom
61there is no pending investigation into an allegation or
62suspicion of abuse, neglect, or abandonment; no pending referral
63alleging the child is delinquent, except for a child 9 years of
64age or younger who is referred to the department; or no current
65supervision by the department of Juvenile Justice or the
66Department of Children and Family Services for an adjudication
67of dependency or delinquency. The child must also, pursuant to
68this chapter, be found by the court:
69     (a)  To have persistently run away from the child's parents
70or legal custodians despite reasonable efforts of the child, the
71parents or legal custodians, and appropriate agencies to remedy
72the conditions contributing to the behavior. Reasonable efforts
73shall include voluntary participation by the child's parents or
74legal custodians and the child in family mediation, services,
75and treatment offered by the department of Juvenile Justice or
76the Department of Children and Family Services;
77     (b)  To be habitually truant from school, while subject to
78compulsory school attendance, despite reasonable efforts to
79remedy the situation pursuant to ss. 1003.26 and 1003.27 and
80through voluntary participation by the child's parents or legal
81custodians and by the child in family mediation, services, and
82treatment offered by the department of Juvenile Justice or the
83Department of Children and Family Services; or
84     (c)  To have persistently disobeyed the reasonable and
85lawful demands of the child's parents or legal custodians, and
86to be beyond their control despite efforts by the child's
87parents or legal custodians and appropriate agencies to remedy
88the conditions contributing to the behavior. Reasonable efforts
89may include such things as good faith participation in family or
90individual counseling; or
91     (d)  To be 9 years of age or younger and have been referred
92to the department for committing a delinquent act.
93     Section 3.  Subsections (9), (10), and (11) are added to
94section 985.02, Florida Statutes, to read:
95     985.02  Legislative intent for the juvenile justice
96system.--
97     (9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
98finds that very young children need age-appropriate services in
99order to prevent and reduce future acts of delinquency. Children
100who are 9 years of age or younger, who have been determined by
101the court to pose no danger to the community and are unlikely to
102recidivate, should be diverted into prearrest or postarrest
103programs, civil citation programs, or children-in-need-of-
104services and families-in-need-of-services programs, as
105appropriate. If, following a needs assessment, the child is
106found to be in need of mental health services or substance abuse
107treatment services, the department shall cooperate with the
108Department of Children and Family Services to provide the most
109appropriate services for the child.
110     (10)  RESTORATIVE JUSTICE.--
111     (a)  It is the intent of the Legislature that the juvenile
112justice system advance the principles of restorative justice.
113The department shall focus on repairing the harm to victims of
114delinquent behavior, ensuring that the child understands the
115effect of his or her delinquent behavior on the victim and the
116community, and restoring the loss suffered by the victim. The
117department shall ensure that victims of juvenile crime are
118afforded all rights as enumerated in the State Constitution,
119chapter 960, and this chapter.
120     (b)  Offender accountability is one of the basic principles
121of restorative justice. The premise of this principle is that
122the juvenile justice system must respond to delinquent behavior
123in such a way that the offender is made aware of and takes
124responsibility for repaying or restoring loss, damage, or injury
125to the victim and the community. This goal is achieved when the
126offender understands the consequences of delinquent behavior in
127terms of harm to others, and when the offender compensates for
128the harm, loss, or damage through restitution, community
129service, or other appropriate payback.
130     (11)  IMPLEMENTATION OF PREVENTION AND DIVERSION
131INITIATIVES.--The Legislature finds that the leadership role of
132community stakeholders and citizens is invaluable to any effort
133aimed at reducing juvenile delinquency and of the contact of at-
134risk youth with the juvenile justice system. Services must be
135directed toward youth who reside in communities that generate
136the most juvenile delinquency referrals to the juvenile justice
137system. Prevention and diversion initiatives serve at-risk youth
138best when facilitated by community or faith-based organizations
139that do not benefit financially from the delivery or
140facilitation of these services, and which are designed to
141prevent at-risk youth from entering the justice system. State
142entities that comprise the justice system are encouraged to
143maintain an active role in supporting the localized planning and
144implementation efforts of community organizations which seek to
145reduce juvenile delinquency. For purposes of this subsection,
146term "at-risk youth" means that identified portion of
147adjudicated youth who, whether based on age, gender, ethnicity,
148or socioeconomic status, are numerically overrepresented in the
149juvenile justice system. For the purpose of this subsection, the
150term "overrepresented" means a condition whereby a larger
151proportion of a particular group is present at various stages of
152the juvenile justice system than would be expected based on the
153percentage of youth in the state's overall youth population.
154     Section 4.  Subsection (7) of section 985.03, Florida
155Statutes, is amended to read:
156     985.03  Definitions.--As used in this chapter, the term:
157     (7)  "Child in need of services" means a child for whom
158there is no pending investigation into an allegation or
159suspicion of abuse, neglect, or abandonment; no pending referral
160alleging the child is delinquent, except for a child 9 years of
161age or younger who is referred to the department; or no current
162supervision by the department or the Department of Children and
163Family Services for an adjudication of dependency or
164delinquency. The child must also, under this chapter, be found
165by the court:
166     (a)  To have persistently run away from the child's parents
167or legal custodians despite reasonable efforts of the child, the
168parents or legal custodians, and appropriate agencies to remedy
169the conditions contributing to the behavior. Reasonable efforts
170shall include voluntary participation by the child's parents or
171legal custodians and the child in family mediation, services,
172and treatment offered by the department or the Department of
173Children and Family Services;
174     (b)  To be habitually truant from school, while subject to
175compulsory school attendance, despite reasonable efforts to
176remedy the situation under ss. 1003.26 and 1003.27 and through
177voluntary participation by the child's parents or legal
178custodians and by the child in family mediation, services, and
179treatment offered by the department of Juvenile Justice or the
180Department of Children and Family Services; or
181     (c)  To have persistently disobeyed the reasonable and
182lawful demands of the child's parents or legal custodians, and
183to be beyond their control despite efforts by the child's
184parents or legal custodians and appropriate agencies to remedy
185the conditions contributing to the behavior. Reasonable efforts
186may include such things as good faith participation in family or
187individual counseling; or
188     (d)  To be 9 years of age or younger and have been referred
189to the department for committing a delinquent act.
190     Section 5.  Section 985.031, Florida Statutes, is created
191to read:
192     985.031   Preadjudicatory release; circuit court
193authority.--The circuit court shall have the authority to set
194reasonable conditions of preadjudicatory release for a child
195charged with the commission of a delinquent act which
196constitutes a felony or when the child has previously been
197charged with or found to have committed, regardless of
198adjudication, a delinquent act. The child shall comply with all
199such preadjudicatory release conditions prior to an adjudicatory
200hearing. Reasonable conditions of preadjudicatory release may
201include, but are not limited to, the following:
202     (1)  The child shall not engage in a violation of law.
203     (2)  The child shall not possess or carry any weapon.
204     (3)  The child shall not possess or use any alcoholic
205beverage or illegal drug or associate with those who are
206currently possessing or using any alcoholic beverage or illegal
207drug.
208     (4)  The child shall obey all reasonable household rules.
209     (5)  The child shall attend school regularly, including all
210classes.
211     (6)  The child shall abide by the curfew set by his or her
212parents or guardians, or as set by the court.
213     (7)  The child shall have no contact with any codefendants,
214an alleged victim, or the family of any alleged victim.
215     (8)  The child shall not return to the scene of the alleged
216crime, unless approved by the court.
217     Section 6.  Subsection (1) of section 985.125, Florida
218Statutes, is amended to read:
219     985.125  Prearrest or postarrest diversion programs.--
220     (1)  A law enforcement agency, or school district, county,
221municipality, or the department, in cooperation with the state
222attorney, is encouraged to may establish a prearrest or
223postarrest diversion programs for first-time misdemeanor
224offenders and offenders who are 9 years of age or younger
225program.
226     Section 7.  Subsection (2) of section 985.245, Florida
227Statutes, is amended to read:
228     985.245  Risk assessment instrument.--
229     (2)(a)  The risk assessment instrument for detention care
230placement determinations and court orders shall be developed by
231the department in agreement with a committee composed of two
232representatives appointed by the following associations: the
233Conference of Circuit Judges of Florida, the Prosecuting
234Attorneys Association, the Public Defenders Association, the
235Florida Sheriffs Association, and the Florida Association of
236Chiefs of Police. Each association shall appoint two
237individuals, one representing an urban area and one representing
238a rural area. The committee must also include two
239representatives from child advocacy organizations appointed by
240the secretary of the department. The parties involved shall
241evaluate and revise the risk assessment instrument as is
242considered necessary using the method for revision as agreed by
243the parties.
244     (b)  The risk assessment instrument shall take into
245consideration, but need not be limited to, prior history of
246failure to appear, prior offenses, offenses committed pending
247adjudication, any unlawful possession of a firearm, theft of a
248motor vehicle or possession of a stolen motor vehicle, and
249probation status at the time the child is taken into custody.
250The risk assessment instrument shall also take into
251consideration appropriate aggravating and mitigating
252circumstances, and shall be designed to identify target a
253narrower population of children than the population identified
254under s. 985.255. The risk assessment instrument shall also
255include any information concerning the child's history of abuse
256and neglect. The risk assessment shall indicate whether
257detention care is warranted, and, if detention care is
258warranted, whether the child should be placed into secure,
259nonsecure, or home detention care.
260     (c)  The risk assessment instrument shall be independently
261validated. The department shall review the population, policies,
262and procedures affecting the use of detention every 7 years and
263determine the necessity of revalidating the risk assessment
264instrument. Validation shall include an assessment of the
265effectiveness of the instrument's ability to measure the risk
266that the child will commit a repeat offense or fail to appear
267for court proceedings. The risk assessment instrument shall also
268be evaluated to determine if the instrument contributes to
269disproportionate minority contact.
270     Section 8.  Subsection (8) of section 985.664, Florida
271Statutes, is amended to read:
272     985.664  Juvenile justice circuit boards and juvenile
273justice county councils.--
274     (8)  At any time after the adoption of initial bylaws
275pursuant to subsection (12), a juvenile justice circuit board
276may revise the bylaws to increase the number of members by not
277more than five three in order to adequately reflect the
278diversity of the population and community organizations or
279agencies in the circuit.
280     Section 9.  Subsection (4) is added to section 985.43,
281Florida Statutes, to read:
282     985.43  Predisposition reports; other evaluations.--
283     (4)  The Legislature finds that the court is in the best
284position to weigh all facts and circumstances to determine
285whether or not to commit a juvenile to the department and to
286determine the most appropriate restrictiveness level for a
287juvenile committed to the department.
288     Section 10.  Paragraphs (a) and (b) of subsection (7) of
289section 985.433, Florida Statutes, are amended to read:
290     985.433  Disposition hearings in delinquency cases.--When a
291child has been found to have committed a delinquent act, the
292following procedures shall be applicable to the disposition of
293the case:
294     (7)  If the court determines that the child should be
295adjudicated as having committed a delinquent act and should be
296committed to the department, such determination shall be in
297writing or on the record of the hearing. The determination shall
298include a specific finding of the reasons for the decision to
299adjudicate and to commit the child to the department, including
300any determination that the child was a member of a criminal
301gang.
302     (a)  The juvenile probation officer shall make a
303recommendation to the court concerning placement and any
304proposed treatment plan recommend to the court the most
305appropriate placement and treatment plan, specifically
306identifying the restrictiveness level most appropriate for the
307child. If the court has determined that the child was a member
308of a criminal gang, that determination shall be given great
309weight in identifying the most appropriate restrictiveness level
310for the child. The court shall consider the department's
311recommendation in making its commitment decision.
312     (b)  The court may shall commit the child to the department
313at the restrictiveness level identified by the department, or
314the court may order placement at a different restrictiveness
315level. The court may determine the disposition on the same
316factors as the department considered in the department's
317predisposition report and placement recommendation even if the
318court reaches a different conclusion. The court may commit the
319child to a different restrictiveness level than recommended by
320the department. The court shall state for the record the reasons
321for the disposition imposed that establish by a preponderance of
322the evidence why the court is disregarding the assessment of the
323child and the restrictiveness level recommended by the
324department. Any party may appeal the court's findings resulting
325in a modified level of restrictiveness under this paragraph. The
326department shall maintain data to identify the extent to which
327the courts agree with the department's recommendation.
328     Section 11.  This act shall take effect July 1, 2009.


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