Florida Senate - 2009                                    SB 2128
       
       
       
       By Senator Crist
       
       
       
       
       12-00354G-09                                          20092128__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for delinquency within
    5         the definition of those children who are eligible to
    6         receive comprehensive mental health services; amending
    7         s. 984.03, F.S.; redefining the term “child in need of
    8         services” to provide that a child is eligible to
    9         receive comprehensive services if the child is 9 years
   10         of age or younger at the time of referral for
   11         delinquency; amending s. 985.02, F.S.; providing
   12         additional legislative findings and intent; directing
   13         the Department of Juvenile Justice to focus on the
   14         principles of restorative justice; requiring that the
   15         department direct services toward at-risk children in
   16         order to divert them from the juvenile justice system;
   17         amending s. 985.03, F.S.; redefining the term “child
   18         in need of services” to provide that a child is
   19         eligible to receive comprehensive services if the
   20         child is 9 years of age or younger at the time of
   21         referral for delinquency; amending s. 985.125, F.S.;
   22         encouraging law enforcement agencies, school
   23         districts, counties, municipalities and the Department
   24         of Juvenile Justice to establish prearrest or
   25         postarrest diversion programs for first-time
   26         misdemeanor offenders who are 9 years of age or
   27         younger; amending s. 985.245, F.S.; modifying the size
   28         and composition of the risk assessment committee;
   29         requiring that the risk assessment instrument be
   30         independently validated; amending s. 985.664, F.S.;
   31         authorizing each juvenile justice circuit board to
   32         increase the number of board members from three to
   33         five; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (i) is added to subsection (4) of
   38  section 394.492, Florida Statutes, to read:
   39         394.492 Definitions.—As used in ss. 394.490-394.497, the
   40  term:
   41         (4) “Child or adolescent at risk of emotional disturbance”
   42  means a person under 18 years of age who has an increased
   43  likelihood of becoming emotionally disturbed because of risk
   44  factors that include, but are not limited to:
   45         (i)Being 9 years of age or younger at the time of referral
   46  for committing a delinquent act.
   47         Section 2. Subsection (9) of section 984.03, Florida
   48  Statutes, is amended to read:
   49         984.03 Definitions.—When used in this chapter, the term:
   50         (9) “Child in need of services” means a child for whom
   51  there is no pending investigation into an allegation or
   52  suspicion of abuse, neglect, or abandonment; no pending referral
   53  alleging the child is delinquent, except for a child 9 years of
   54  age or younger who is referred to the department; or no current
   55  supervision by the department of Juvenile Justice or the
   56  Department of Children and Family Services for an adjudication
   57  of dependency or delinquency. The child must also, pursuant to
   58  this chapter, be found by the court:
   59         (a) To have persistently run away from the child's parents
   60  or legal custodians despite reasonable efforts of the child, the
   61  parents or legal custodians, and appropriate agencies to remedy
   62  the conditions contributing to the behavior. Reasonable efforts
   63  shall include voluntary participation by the child's parents or
   64  legal custodians and the child in family mediation, services,
   65  and treatment offered by the department of Juvenile Justice or
   66  the Department of Children and Family Services;
   67         (b) To be habitually truant from school, while subject to
   68  compulsory school attendance, despite reasonable efforts to
   69  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
   70  through voluntary participation by the child's parents or legal
   71  custodians and by the child in family mediation, services, and
   72  treatment offered by the department of Juvenile Justice or the
   73  Department of Children and Family Services; or
   74         (c) To have persistently disobeyed the reasonable and
   75  lawful demands of the child's parents or legal custodians, and
   76  to be beyond their control despite efforts by the child's
   77  parents or legal custodians and appropriate agencies to remedy
   78  the conditions contributing to the behavior. Reasonable efforts
   79  may include such things as good faith participation in family or
   80  individual counseling; or
   81         (d)To be 9 years of age or younger and have been referred
   82  to the department for committing a delinquent act.
   83         Section 3. Subsections (9), (10), and (11) are added to
   84  section 985.02, Florida Statutes, to read:
   85         985.02 Legislative intent for the juvenile justice system.—
   86         (9)CHILDREN 9 YEARS OF AGE OR YOUNGER.The Legislature
   87  finds that very young children need age-appropriate services in
   88  order to prevent and reduce future acts of delinquency. Children
   89  who are 9 years of age or younger, who have been determined by
   90  the court to pose no danger to the community and are unlikely to
   91  recidivate, should be diverted into prearrest or postarrest
   92  programs, civil citation programs, or children-in-need-of
   93  services and families-in-need-of-services programs, as
   94  appropriate. If, following a needs assessment, the child is
   95  found to be in need of mental health services or substance abuse
   96  treatment services, the department shall cooperate with the
   97  Department of Children and Family Services to provide the most
   98  appropriate services for the child.
   99         (10)RESTORATIVE JUSTICE.
  100         (a)It is the intent of the Legislature that the juvenile
  101  justice system advance the principles of restorative justice.
  102  The department shall focus on repairing the harm to victims of
  103  delinquent behavior, ensuring that the child understands the
  104  effect of his or her delinquent behavior on the victim and the
  105  community, and restoring the loss suffered by the victim. The
  106  department shall ensure that victims of juvenile crime are
  107  afforded all rights as enumerated in the State Constitution,
  108  chapter 960, and this chapter.
  109         (b)Offender accountability is one of the basic principles
  110  of restorative justice. The premise of this principle is that
  111  the juvenile justice system must respond to delinquent behavior
  112  in such a way that the offender is made aware of and takes
  113  responsibility for repaying or restoring loss, damage, or injury
  114  to the victim and the community. This goal is achieved when the
  115  offender understands the consequences of delinquent behavior in
  116  terms of harm to others, and when the offender compensates for
  117  the harm, loss, or damage through restitution, community
  118  service, or other appropriate reparation.
  119         (11)IMPLEMENTATION OF PREVENTION AND DIVERSION
  120  INITIATIVES.—The Legislature finds that the leadership role of
  121  community stakeholders and citizens is invaluable to any effort
  122  aimed at reducing juvenile delinquency and of the contact of at
  123  risk youth with the juvenile justice system. Services must be
  124  directed toward youth who reside in communities that generate
  125  the most juvenile delinquency referrals to the juvenile justice
  126  system. Prevention and diversion initiatives serve at-risk youth
  127  best when facilitated by community or faith-based organizations
  128  that do not benefit financially from the delivery or
  129  facilitation of these services, and which are designed to
  130  prevent at-risk youth from entering the justice system. State
  131  entities that comprise the justice system are encouraged to
  132  maintain an active role in supporting the localized planning and
  133  implementation efforts of community organizations which seek to
  134  reduce juvenile delinquency. For purposes of this subsection,
  135  term “at-risk youth” means that identified portion of
  136  adjudicated youth who, whether based on age, gender, ethnicity,
  137  or socioeconomic status, are numerically overrepresented in the
  138  juvenile justice system. For the purpose of this subsection, the
  139  term “overrepresented” means a condition whereby a larger
  140  proportion of a particular group is present at various stages of
  141  the juvenile justice system than would be expected based on the
  142  percentage of youth in the state's overall youth population.
  143         Section 4. Subsection (7) of section 985.03, Florida
  144  Statutes, is amended to read:
  145         985.03 Definitions.—As used in this chapter, the term:
  146         (7) “Child in need of services” means a child for whom
  147  there is no pending investigation into an allegation or
  148  suspicion of abuse, neglect, or abandonment; no pending referral
  149  alleging the child is delinquent, except for a child 9 years of
  150  age or younger who is referred to the department; or no current
  151  supervision by the department or the Department of Children and
  152  Family Services for an adjudication of dependency or
  153  delinquency. The child must also, under this chapter, be found
  154  by the court:
  155         (a) To have persistently run away from the child's parents
  156  or legal custodians despite reasonable efforts of the child, the
  157  parents or legal custodians, and appropriate agencies to remedy
  158  the conditions contributing to the behavior. Reasonable efforts
  159  shall include voluntary participation by the child's parents or
  160  legal custodians and the child in family mediation, services,
  161  and treatment offered by the department or the Department of
  162  Children and Family Services;
  163         (b) To be habitually truant from school, while subject to
  164  compulsory school attendance, despite reasonable efforts to
  165  remedy the situation under ss. 1003.26 and 1003.27 and through
  166  voluntary participation by the child's parents or legal
  167  custodians and by the child in family mediation, services, and
  168  treatment offered by the department of Juvenile Justice or the
  169  Department of Children and Family Services; or
  170         (c) To have persistently disobeyed the reasonable and
  171  lawful demands of the child's parents or legal custodians, and
  172  to be beyond their control despite efforts by the child's
  173  parents or legal custodians and appropriate agencies to remedy
  174  the conditions contributing to the behavior. Reasonable efforts
  175  may include such things as good faith participation in family or
  176  individual counseling; or
  177         (d)To be 9 years of age or younger and have been referred
  178  to the department for committing a delinquent act.
  179         Section 5. Subsection (1) of section 985.125, Florida
  180  Statutes, is amended to read:
  181         985.125 Prearrest or postarrest diversion programs.—
  182         (1) A law enforcement agency, or school district, county,
  183  municipality, or the department, in cooperation with the state
  184  attorney, is encouraged to may establish a prearrest or
  185  postarrest diversion programs for first-time misdemeanor
  186  offenders and offenders who are 9 years of age or younger
  187  program.
  188         Section 6. Subsection (2) of section 985.245, Florida
  189  Statutes, is amended to read:
  190         985.245 Risk assessment instrument.—
  191         (2)(a) The risk assessment instrument for detention care
  192  placement determinations and court orders shall be developed by
  193  the department in agreement with a committee composed of two
  194  representatives appointed by the following associations: the
  195  Conference of Circuit Judges of Florida, the Prosecuting
  196  Attorneys Association, the Public Defenders Association, the
  197  Florida Sheriffs Association, and the Florida Association of
  198  Chiefs of Police. Each association shall appoint two
  199  individuals, one representing an urban area and one representing
  200  a rural area. The committee must also include two
  201  representatives from child advocacy organizations appointed by
  202  the secretary of the department. The parties involved shall
  203  evaluate and revise the risk assessment instrument as is
  204  considered necessary using the method for revision as agreed by
  205  the parties.
  206         (b) The risk assessment instrument shall take into
  207  consideration, but need not be limited to, prior history of
  208  failure to appear, prior offenses, offenses committed pending
  209  adjudication, any unlawful possession of a firearm, theft of a
  210  motor vehicle or possession of a stolen motor vehicle, and
  211  probation status at the time the child is taken into custody.
  212  The risk assessment instrument shall also take into
  213  consideration appropriate aggravating and mitigating
  214  circumstances, and shall be designed to identify target a
  215  narrower population of children than the population identified
  216  under s. 985.255. The risk assessment instrument shall also
  217  include any information concerning the child's history of abuse
  218  and neglect. The risk assessment shall indicate whether
  219  detention care is warranted, and, if detention care is
  220  warranted, whether the child should be placed into secure,
  221  nonsecure, or home detention care.
  222         (c)The risk assessment instrument shall be independently
  223  validated. The department shall review the population, policies,
  224  and procedures affecting the use of detention every 7 years and
  225  determine the necessity of revalidating the risk assessment
  226  instrument. Validation shall include an assessment of the
  227  effectiveness of the instrument’s ability to measure the risk
  228  that the child will commit a repeat offense or fail to appear
  229  for court proceedings. The risk assessment instrument shall also
  230  be evaluated to determine if the instrument contributes to
  231  disproportionate minority contact.
  232         Section 7. Subsection (8) of section 985.664, Florida
  233  Statutes, is amended to read:
  234         985.664 Juvenile justice circuit boards and juvenile
  235  justice county councils.—
  236         (8) At any time after the adoption of initial bylaws
  237  pursuant to subsection (12), a juvenile justice circuit board
  238  may revise the bylaws to increase the number of members by not
  239  more than five three in order to adequately reflect the
  240  diversity of the population and community organizations or
  241  agencies in the circuit.
  242         Section 8. This act shall take effect July 1, 2009.
  243