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;
20amending s. 985.125, F.S.; encouraging law enforcement
21agencies, school districts, counties, municipalities and
22the Department of Juvenile Justice to establish prearrest
23or postarrest diversion programs for first-time
24misdemeanor offenders who are 9 years of age or younger;
25amending s. 985.245, F.S.; modifying the size and
26composition of the risk assessment committee; requiring
27that the risk assessment instrument be independently
28validated; amending s. 985.664, F.S.; authorizing each
29juvenile justice circuit board to increase the number of
30board members from three to five; amending s. 985.43,
31F.S.; providing a legislative declaration concerning the
32determination whether to commit a juvenile to the
33department and the most appropriate placement level if the
34juvenile is committed; amending s. 985.433, F.S.; revising
35provisions relating to recommendations by probation
36officers to the court concerning placement and any
37proposed treatment plan of juveniles; requiring that
38reasons for a disposition be stated for the record;
39providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Paragraph (i) is added to subsection (4) of
44section 394.492, Florida Statutes, to read:
45     394.492  Definitions.--As used in ss. 394.490-394.497, the
46term:
47     (4)  "Child or adolescent at risk of emotional disturbance"
48means a person under 18 years of age who has an increased
49likelihood of becoming emotionally disturbed because of risk
50factors that include, but are not limited to:
51     (i)  Being 9 years of age or younger at the time of
52referral for committing a delinquent act.
53     Section 2.  Subsection (9) of section 984.03, Florida
54Statutes, is amended to read:
55     984.03  Definitions.--When used in this chapter, the term:
56     (9)  "Child in need of services" means a child for whom
57there is no pending investigation into an allegation or
58suspicion of abuse, neglect, or abandonment; no pending referral
59alleging the child is delinquent, except for a child 9 years of
60age or younger who is referred to the department; or no current
61supervision by the department of Juvenile Justice or the
62Department of Children and Family Services for an adjudication
63of dependency or delinquency. The child must also, pursuant to
64this chapter, be found by the court:
65     (a)  To have persistently run away from the child's parents
66or legal custodians despite reasonable efforts of the child, the
67parents or legal custodians, and appropriate agencies to remedy
68the conditions contributing to the behavior. Reasonable efforts
69shall include voluntary participation by the child's parents or
70legal custodians and the child in family mediation, services,
71and treatment offered by the department of Juvenile Justice or
72the Department of Children and Family Services;
73     (b)  To be habitually truant from school, while subject to
74compulsory school attendance, despite reasonable efforts to
75remedy the situation pursuant to ss. 1003.26 and 1003.27 and
76through voluntary participation by the child's parents or legal
77custodians and by the child in family mediation, services, and
78treatment offered by the department of Juvenile Justice or the
79Department of Children and Family Services; or
80     (c)  To have persistently disobeyed the reasonable and
81lawful demands of the child's parents or legal custodians, and
82to be beyond their control despite efforts by the child's
83parents or legal custodians and appropriate agencies to remedy
84the conditions contributing to the behavior. Reasonable efforts
85may include such things as good faith participation in family or
86individual counseling; or
87     (d)  To be 9 years of age or younger and have been referred
88to the department for committing a delinquent act.
89     Section 3.  Subsections (9), (10), and (11) are added to
90section 985.02, Florida Statutes, to read:
91     985.02  Legislative intent for the juvenile justice
92system.--
93     (9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
94finds that very young children need age-appropriate services in
95order to prevent and reduce future acts of delinquency. Children
96who are 9 years of age or younger, who have been determined by
97the court to pose no danger to the community and are unlikely to
98recidivate, should be diverted into prearrest or postarrest
99programs, civil citation programs, or children-in-need-of-
100services and families-in-need-of-services programs, as
101appropriate. If, following a needs assessment, the child is
102found to be in need of mental health services or substance abuse
103treatment services, the department shall cooperate with the
104Department of Children and Family Services to provide the most
105appropriate services for the child.
106     (10)  RESTORATIVE JUSTICE.--
107     (a)  It is the intent of the Legislature that the juvenile
108justice system advance the principles of restorative justice.
109The department shall focus on repairing the harm to victims of
110delinquent behavior, ensuring that the child understands the
111effect of his or her delinquent behavior on the victim and the
112community, and restoring the loss suffered by the victim. The
113department shall ensure that victims of juvenile crime are
114afforded all rights as enumerated in the State Constitution,
115chapter 960, and this chapter.
116     (b)  Offender accountability is one of the basic principles
117of restorative justice. The premise of this principle is that
118the juvenile justice system must respond to delinquent behavior
119in such a way that the offender is made aware of and takes
120responsibility for repaying or restoring loss, damage, or injury
121to the victim and the community. This goal is achieved when the
122offender understands the consequences of delinquent behavior in
123terms of harm to others, and when the offender compensates for
124the harm, loss, or damage through restitution, community
125service, or other appropriate payback.
126     (11)  IMPLEMENTATION OF PREVENTION AND DIVERSION
127INITIATIVES.--The Legislature finds that the leadership role of
128community stakeholders and citizens is invaluable to any effort
129aimed at reducing juvenile delinquency and of the contact of at-
130risk youth with the juvenile justice system. Services must be
131directed toward youth who reside in communities that generate
132the most juvenile delinquency referrals to the juvenile justice
133system. Prevention and diversion initiatives serve at-risk youth
134best when facilitated by community or faith-based organizations
135that do not benefit financially from the delivery or
136facilitation of these services, and which are designed to
137prevent at-risk youth from entering the justice system. State
138entities that comprise the justice system are encouraged to
139maintain an active role in supporting the localized planning and
140implementation efforts of community organizations which seek to
141reduce juvenile delinquency. For purposes of this subsection,
142term "at-risk youth" means that identified portion of
143adjudicated youth who, whether based on age, gender, ethnicity,
144or socioeconomic status, are numerically overrepresented in the
145juvenile justice system. For the purpose of this subsection, the
146term "overrepresented" means a condition whereby a larger
147proportion of a particular group is present at various stages of
148the juvenile justice system than would be expected based on the
149percentage of youth in the state's overall youth population.
150     Section 4.  Subsection (7) of section 985.03, Florida
151Statutes, is amended to read:
152     985.03  Definitions.--As used in this chapter, the term:
153     (7)  "Child in need of services" means a child for whom
154there is no pending investigation into an allegation or
155suspicion of abuse, neglect, or abandonment; no pending referral
156alleging the child is delinquent, except for a child 9 years of
157age or younger who is referred to the department; or no current
158supervision by the department or the Department of Children and
159Family Services for an adjudication of dependency or
160delinquency. The child must also, under this chapter, be found
161by the court:
162     (a)  To have persistently run away from the child's parents
163or legal custodians despite reasonable efforts of the child, the
164parents or legal custodians, and appropriate agencies to remedy
165the conditions contributing to the behavior. Reasonable efforts
166shall include voluntary participation by the child's parents or
167legal custodians and the child in family mediation, services,
168and treatment offered by the department or the Department of
169Children and Family Services;
170     (b)  To be habitually truant from school, while subject to
171compulsory school attendance, despite reasonable efforts to
172remedy the situation under ss. 1003.26 and 1003.27 and through
173voluntary participation by the child's parents or legal
174custodians and by the child in family mediation, services, and
175treatment offered by the department of Juvenile Justice or the
176Department of Children and Family Services; or
177     (c)  To have persistently disobeyed the reasonable and
178lawful demands of the child's parents or legal custodians, and
179to be beyond their control despite efforts by the child's
180parents or legal custodians and appropriate agencies to remedy
181the conditions contributing to the behavior. Reasonable efforts
182may include such things as good faith participation in family or
183individual counseling; or
184     (d)  To be 9 years of age or younger and have been referred
185to the department for committing a delinquent act.
186     Section 5.  Subsection (1) of section 985.125, Florida
187Statutes, is amended to read:
188     985.125  Prearrest or postarrest diversion programs.--
189     (1)  A law enforcement agency, or school district, county,
190municipality, or the department, in cooperation with the state
191attorney, is encouraged to may establish a prearrest or
192postarrest diversion programs for first-time misdemeanor
193offenders and offenders who are 9 years of age or younger
194program.
195     Section 6.  Subsection (2) of section 985.245, Florida
196Statutes, is amended to read:
197     985.245  Risk assessment instrument.--
198     (2)(a)  The risk assessment instrument for detention care
199placement determinations and court orders shall be developed by
200the department in agreement with a committee composed of two
201representatives appointed by the following associations: the
202Conference of Circuit Judges of Florida, the Prosecuting
203Attorneys Association, the Public Defenders Association, the
204Florida Sheriffs Association, and the Florida Association of
205Chiefs of Police. Each association shall appoint two
206individuals, one representing an urban area and one representing
207a rural area. The committee must also include two
208representatives from child advocacy organizations appointed by
209the secretary of the department. The parties involved shall
210evaluate and revise the risk assessment instrument as is
211considered necessary using the method for revision as agreed by
212the parties.
213     (b)  The risk assessment instrument shall take into
214consideration, but need not be limited to, prior history of
215failure to appear, prior offenses, offenses committed pending
216adjudication, any unlawful possession of a firearm, theft of a
217motor vehicle or possession of a stolen motor vehicle, and
218probation status at the time the child is taken into custody.
219The risk assessment instrument shall also take into
220consideration appropriate aggravating and mitigating
221circumstances, and shall be designed to identify target a
222narrower population of children than the population identified
223under s. 985.255. The risk assessment instrument shall also
224include any information concerning the child's history of abuse
225and neglect. The risk assessment shall indicate whether
226detention care is warranted, and, if detention care is
227warranted, whether the child should be placed into secure,
228nonsecure, or home detention care.
229     (c)  The risk assessment instrument shall be independently
230validated. The department shall review the population, policies,
231and procedures affecting the use of detention every 7 years and
232determine the necessity of revalidating the risk assessment
233instrument. Validation shall include an assessment of the
234effectiveness of the instrument's ability to measure the risk
235that the child will commit a repeat offense or fail to appear
236for court proceedings. The risk assessment instrument shall also
237be evaluated to determine if the instrument contributes to
238disproportionate minority contact.
239     Section 7.  Subsection (8) of section 985.664, Florida
240Statutes, is amended to read:
241     985.664  Juvenile justice circuit boards and juvenile
242justice county councils.--
243     (8)  At any time after the adoption of initial bylaws
244pursuant to subsection (12), a juvenile justice circuit board
245may revise the bylaws to increase the number of members by not
246more than five three in order to adequately reflect the
247diversity of the population and community organizations or
248agencies in the circuit.
249     Section 8.  Subsection (4) is added to section 985.43,
250Florida Statutes, to read:
251     985.43  Predisposition reports; other evaluations.--
252     (4)  The Legislature finds that the court is in the best
253position to weigh all facts and circumstances to determine
254whether or not to commit a juvenile to the department and to
255determine the most appropriate restrictiveness level for a
256juvenile committed to the department.
257     Section 9.  Paragraphs (a) and (b) of subsection (7) of
258section 985.433, Florida Statutes, are amended to read:
259     985.433  Disposition hearings in delinquency cases.--When a
260child has been found to have committed a delinquent act, the
261following procedures shall be applicable to the disposition of
262the case:
263     (7)  If the court determines that the child should be
264adjudicated as having committed a delinquent act and should be
265committed to the department, such determination shall be in
266writing or on the record of the hearing. The determination shall
267include a specific finding of the reasons for the decision to
268adjudicate and to commit the child to the department, including
269any determination that the child was a member of a criminal
270gang.
271     (a)  The juvenile probation officer shall make a
272recommendation to the court concerning placement and any
273proposed treatment plan recommend to the court the most
274appropriate placement and treatment plan, specifically
275identifying the restrictiveness level most appropriate for the
276child. If the court has determined that the child was a member
277of a criminal gang, that determination shall be given great
278weight in identifying the most appropriate restrictiveness level
279for the child. The court shall consider the department's
280recommendation in making its commitment decision.
281     (b)  The court may shall commit the child to the department
282at the restrictiveness level identified by the department, or
283the court may order placement at a different restrictiveness
284level. The court may determine the disposition on the same
285factors as the department considered in the department's
286predisposition report and placement recommendation even if the
287court reaches a different conclusion. The court may commit the
288child to a different restrictiveness level than recommended by
289the department. The court shall state for the record the reasons
290for the disposition imposed that establish by a preponderance of
291the evidence why the court is disregarding the assessment of the
292child and the restrictiveness level recommended by the
293department. Any party may appeal the court's findings resulting
294in a modified level of restrictiveness under this paragraph. The
295department shall maintain data to identify the extent to which
296the courts agree with the department's recommendation.
297     Section 10.  This act shall take effect July 1, 2009.


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