Florida Senate - 2009 CS for SB 2128
By the Committee on Children, Families, and Elder Affairs; and
Senator Crist
586-04061-09 20092128c1
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 the
15 Department of Juvenile Justice to examine and revise
16 its strategies, policies, and practices whenever a
17 specific group of youth is overrepresented based upon
18 their gender, ethnicity, or socioeconomic status in
19 the juvenile justice system to ensure that all youth
20 are treated equally; defining the term
21 “overrepresentation”; amending s. 985.03, F.S.;
22 redefining the term “child in need of services” to
23 provide that a child is eligible to receive
24 comprehensive services if the child is 9 years of age
25 or younger at the time of referral for delinquency;
26 amending s. 985.125, F.S.; encouraging law enforcement
27 agencies, school districts, counties, municipalities,
28 and the Department of Juvenile Justice to establish
29 prearrest or postarrest diversion programs for first
30 time misdemeanor offenders who are 9 years of age or
31 younger; amending s. 985.245, F.S.; modifying the size
32 and composition of the risk assessment committee;
33 requiring that the risk assessment instrument be
34 independently validated; amending s. 985.664, F.S.;
35 authorizing each juvenile justice circuit board to
36 increase the number of board members from three to
37 five; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Paragraph (i) is added to subsection (4) of
42 section 394.492, Florida Statutes, to read:
43 394.492 Definitions.—As used in ss. 394.490-394.497, the
44 term:
45 (4) “Child or adolescent at risk of emotional disturbance”
46 means a person under 18 years of age who has an increased
47 likelihood of becoming emotionally disturbed because of risk
48 factors that include, but are not limited to:
49 (i) Being 9 years of age or younger at the time of referral
50 for committing a delinquent act.
51 Section 2. Subsection (9) of section 984.03, Florida
52 Statutes, is amended to read:
53 984.03 Definitions.—When used in this chapter, the term:
54 (9) “Child in need of services” means a child for whom
55 there is no pending investigation into an allegation or
56 suspicion of abuse, neglect, or abandonment; no pending referral
57 alleging the child is delinquent, except for a child 9 years of
58 age or younger who is referred to the department; or no current
59 supervision by the department of Juvenile Justice or the
60 Department of Children and Family Services for an adjudication
61 of dependency or delinquency. The child must also, pursuant to
62 this chapter, be found by the court:
63 (a) To have persistently run away from the child’s parents
64 or legal custodians despite reasonable efforts of the child, the
65 parents or legal custodians, and appropriate agencies to remedy
66 the conditions contributing to the behavior. Reasonable efforts
67 shall include voluntary participation by the child’s parents or
68 legal custodians and the child in family mediation, services,
69 and treatment offered by the department of Juvenile Justice or
70 the Department of Children and Family Services;
71 (b) To be habitually truant from school, while subject to
72 compulsory school attendance, despite reasonable efforts to
73 remedy the situation pursuant to ss. 1003.26 and 1003.27 and
74 through voluntary participation by the child’s parents or legal
75 custodians and by the child in family mediation, services, and
76 treatment offered by the department of Juvenile Justice or the
77 Department of Children and Family Services; or
78 (c) To have persistently disobeyed the reasonable and
79 lawful demands of the child’s parents or legal custodians, and
80 to be beyond their control despite efforts by the child’s
81 parents or legal custodians and appropriate agencies to remedy
82 the conditions contributing to the behavior. Reasonable efforts
83 may include such things as good faith participation in family or
84 individual counseling; or
85 (d) To be 9 years of age or younger and have been referred
86 to the department for committing a delinquent act.
87 Section 3. Subsections (9), (10), and (11) are added to
88 section 985.02, Florida Statutes, to read:
89 985.02 Legislative intent for the juvenile justice system.—
90 (9) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
91 finds that very young children need age-appropriate services in
92 order to prevent and reduce future acts of delinquency. Children
93 who are 9 years of age or younger, who have been determined by
94 the court to pose no danger to the community and are unlikely to
95 recidivate, should be diverted into prearrest or postarrest
96 programs, civil citation programs, or children-in-need-of
97 services and families-in-need-of-services programs, as
98 appropriate. If, following a needs assessment, the child is
99 found to be in need of mental health services or substance abuse
100 treatment services, the department shall cooperate with the
101 Department of Children and Family Services to provide the most
102 appropriate services for the child.
103 (10) RESTORATIVE JUSTICE.—
104 (a) It is the intent of the Legislature that the juvenile
105 justice system advance the principles of restorative justice.
106 The department shall focus on repairing the harm to victims of
107 delinquent behavior, ensuring that the child understands the
108 effect of his or her delinquent behavior on the victim and the
109 community, and restoring the loss suffered by the victim. The
110 department shall ensure that victims of juvenile crime are
111 afforded all rights as enumerated in the State Constitution,
112 chapter 960, and this chapter.
113 (b) Offender accountability is one of the basic principles
114 of restorative justice. The premise of this principle is that
115 the juvenile justice system must respond to delinquent behavior
116 in such a way that the offender is made aware of and takes
117 responsibility for repaying or restoring loss, damage, or injury
118 to the victim and the community. This goal is achieved when the
119 offender understands the consequences of delinquent behavior in
120 terms of harm to others, and when the offender compensates for
121 the harm, loss, or damage through restitution, community
122 service, or other appropriate reparation.
123 (11) OVERREPRESENTATION OF SPECIFIC GROUPS OF YOUTH.—When
124 specific groups of youth are overrepresented based upon their
125 gender, ethnicity, or socioeconomic status in the juvenile
126 justice system, the department shall examine and revise its
127 strategies, policies, and practices to ensure that all youth are
128 treated equally, without jeopardizing public safety. The
129 department shall solicit input from community stakeholders and
130 affected citizens to assist in the modification of strategies,
131 policies, and practices to reduce overrepresentation. For the
132 purpose of this subsection, the term “overrepresented” means a
133 condition whereby a larger proportion of a particular group of
134 youth is present at any stage of the juvenile justice system
135 than would be expected based upon their percentage of the
136 overall youth population in this state.
137 Section 4. Subsection (7) of section 985.03, Florida
138 Statutes, is amended to read:
139 985.03 Definitions.—As used in this chapter, the term:
140 (7) “Child in need of services” means a child for whom
141 there is no pending investigation into an allegation or
142 suspicion of abuse, neglect, or abandonment; no pending referral
143 alleging the child is delinquent, except for a child 9 years of
144 age or younger who is referred to the department; or no current
145 supervision by the department or the Department of Children and
146 Family Services for an adjudication of dependency or
147 delinquency. The child must also, under this chapter, be found
148 by the court:
149 (a) To have persistently run away from the child’s parents
150 or legal custodians despite reasonable efforts of the child, the
151 parents or legal custodians, and appropriate agencies to remedy
152 the conditions contributing to the behavior. Reasonable efforts
153 shall include voluntary participation by the child’s parents or
154 legal custodians and the child in family mediation, services,
155 and treatment offered by the department or the Department of
156 Children and Family Services;
157 (b) To be habitually truant from school, while subject to
158 compulsory school attendance, despite reasonable efforts to
159 remedy the situation under ss. 1003.26 and 1003.27 and through
160 voluntary participation by the child’s parents or legal
161 custodians and by the child in family mediation, services, and
162 treatment offered by the department of Juvenile Justice or the
163 Department of Children and Family Services; or
164 (c) To have persistently disobeyed the reasonable and
165 lawful demands of the child’s parents or legal custodians, and
166 to be beyond their control despite efforts by the child’s
167 parents or legal custodians and appropriate agencies to remedy
168 the conditions contributing to the behavior. Reasonable efforts
169 may include such things as good faith participation in family or
170 individual counseling; or
171 (d) To be 9 years of age or younger and have been referred
172 to the department for committing a delinquent act.
173 Section 5. Subsection (1) of section 985.125, Florida
174 Statutes, is amended to read:
175 985.125 Prearrest or postarrest diversion programs.—
176 (1) A law enforcement agency, or school district, county,
177 municipality, or the department, in cooperation with the state
178 attorney, is encouraged to may establish a prearrest or
179 postarrest diversion programs for first-time misdemeanor
180 offenders and offenders who are 9 years of age or younger
181 program.
182 Section 6. Subsection (2) of section 985.245, Florida
183 Statutes, is amended to read:
184 985.245 Risk assessment instrument.—
185 (2)(a) The risk assessment instrument for detention care
186 placement determinations and court orders shall be developed by
187 the department in agreement with a committee composed of two
188 representatives appointed by the following associations: the
189 Conference of Circuit Judges of Florida, the Prosecuting
190 Attorneys Association, the Public Defenders Association, the
191 Florida Sheriffs Association, and the Florida Association of
192 Chiefs of Police. Each association shall appoint two
193 individuals, one representing an urban area and one representing
194 a rural area. The committee must also include two
195 representatives from child advocacy organizations appointed by
196 the secretary of the department. The parties involved shall
197 evaluate and revise the risk assessment instrument as is
198 considered necessary using the method for revision as agreed by
199 the parties.
200 (b) The risk assessment instrument shall take into
201 consideration, but need not be limited to, prior history of
202 failure to appear, prior offenses, offenses committed pending
203 adjudication, any unlawful possession of a firearm, theft of a
204 motor vehicle or possession of a stolen motor vehicle, and
205 probation status at the time the child is taken into custody.
206 The risk assessment instrument shall also take into
207 consideration appropriate aggravating and mitigating
208 circumstances, and shall be designed to identify target a
209 narrower population of children than the population identified
210 under s. 985.255. The risk assessment instrument shall also
211 include any information concerning the child’s history of abuse
212 and neglect. The risk assessment shall indicate whether
213 detention care is warranted, and, if detention care is
214 warranted, whether the child should be placed into secure,
215 nonsecure, or home detention care.
216 (c) The risk assessment instrument shall be independently
217 validated. The department shall review the population, policies,
218 and procedures affecting the use of detention every 7 years and
219 determine the necessity of revalidating the risk assessment
220 instrument. Validation shall include an assessment of the
221 effectiveness of the instrument’s ability to measure the risk
222 that the child will commit a repeat offense or fail to appear
223 for court proceedings. The risk assessment instrument shall also
224 be evaluated to determine if the instrument contributes to
225 disproportionate minority contact.
226 Section 7. Subsection (8) of section 985.664, Florida
227 Statutes, is amended to read:
228 985.664 Juvenile justice circuit boards and juvenile
229 justice county councils.—
230 (8) At any time after the adoption of initial bylaws
231 pursuant to subsection (12), a juvenile justice circuit board
232 may revise the bylaws to increase the number of members by not
233 more than five three in order to adequately reflect the
234 diversity of the population and community organizations or
235 agencies in the circuit.
236 Section 8. This act shall take effect July 1, 2009.
237