HB 7181

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 a delinquent act within the
5	definition of those children who are eligible to receive
6	comprehensive mental health services; amending s. 984.03,
7	F.S.; expanding the meaning of the terms "child in need of
8	services" and "family in need of services" to include a
9	child 9 years of age or younger at the time of referral to
10	the Department of Juvenile Justice; amending s. 984.14,
11	F.S.; providing for a youth taken into custody for a
12	misdemeanor domestic violence charge who is ineligible to
13	be held in secure detention to be placed in a shelter;
14	amending s. 985.02, F.S.; providing additional legislative
15	findings and intent concerning very young children and
16	restorative justice; amending s. 985.03, F.S.; expanding
17	the meaning of the terms "child in need of services" and
18	"family in need of services" to include a child 9 years of
19	age or younger at the time of referral to the Department
20	of Juvenile Justice; amending s. 985.125, F.S.;
21	encouraging law enforcement agencies, school districts,
22	counties, municipalities, and the Department of Juvenile
23	Justice to establish prearrest or postarrest diversion
24	programs for youth who are 9 years of age or younger;
25	amending s. 985.145, F.S.; requiring a juvenile probation
26	officer to refer a child to the appropriate shelter if the
27	completed risk assessment instrument shows that the child
28	is ineligible for secure detention; amending s. 985.24,
29	F.S.; prohibiting a child alleged to have committed a
30	delinquent act or violation of law from being placed into
31	secure, nonsecure, or home detention care because of a
32	misdemeanor charge of domestic violence if the child lives
33	in a family that has a history of domestic violence or if
34	the child is a victim of abuse or neglect; prohibiting a
35	child 9 years of age or younger from being placed into
36	secure detention care unless the child is charged with a
37	capital felony, life felony, or felony of the first
38	degree; amending s. 985.245, F.S.; revising membership on
39	the statewide risk assessment instrument committee;
40	requiring independent validation of the risk assessment
41	instrument; amending s. 985.255, F.S.; providing that a
42	child may be retained in home detention care under certain
43	circumstances; providing that a child who is charged with
44	committing a felony offense of domestic violence and who
45	does not meet detention criteria may nevertheless be held
46	in secure detention if the court makes certain specific
47	written findings; amending s. 985.441, F.S.; providing
48	that a court may commit a female child adjudicated as
49	delinquent to the department for placement in a mother-
50	infant program designed to serve the needs of the juvenile
51	mothers or expectant juvenile mothers who are committed as
52	delinquents; requiring the department to adopt rules to
53	govern the operation of the mother-infant program;
54	amending s. 985.45, F.S.; specifying that a child working
55	under certain circumstances is a state employee for
56	workers' compensation purposes; amending s. 985.632, F.S.;
57	revising provisions relating to quality assurance and
58	cost-effectiveness of department programs; amending s.
59	985.664, F.S.; increasing the number of members by which a
60	juvenile justice circuit board may be increased to reflect
61	the diversity of the population and community
62	organizations or agencies in the circuit; providing
63	legislative findings concerning the determination of
64	whether to commit a juvenile to the Department of Juvenile
65	Justice and to determine the most appropriate
66	restrictiveness level for such a juvenile; providing an
67	effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Paragraph (i) is added to subsection (4) of
72	section 394.492, Florida Statutes, to read:
73	394.492  Definitions.-As used in ss. 394.490-394.497, the
74	term:
75	(4)  "Child or adolescent at risk of emotional disturbance"
76	means a person under 18 years of age who has an increased
77	likelihood of becoming emotionally disturbed because of risk
78	factors that include, but are not limited to:
79	(i)  Being 9 years of age or younger at the time of
80	referral for a delinquent act.
81	Section 2.  Subsections (9) and (25) of section 984.03,
82	Florida Statutes, are amended to read:
83	984.03  Definitions.-When used in this chapter, the term:
84	(9)  "Child in need of services" means a child for whom
85	there is no pending investigation into an allegation or
86	suspicion of abuse, neglect, or abandonment; no pending referral
87	alleging the child is delinquent, except when a child 9 years of
88	age or younger is being referred to the department; or no
89	current supervision by the department of Juvenile Justice or the
90	Department of Children and Family Services for an adjudication
91	of dependency or delinquency. The child must also, pursuant to
92	this chapter, be found by the court:
93	(a)  To have persistently run away from the child's parents
94	or legal custodians despite reasonable efforts of the child, the
95	parents or legal custodians, and appropriate agencies to remedy
96	the conditions contributing to the behavior. Reasonable efforts
97	shall include voluntary participation by the child's parents or
98	legal custodians and the child in family mediation, services,
99	and treatment offered by the department of Juvenile Justice or
100	the Department of Children and Family Services;
101	(b)  To be habitually truant from school, while subject to
102	compulsory school attendance, despite reasonable efforts to
103	remedy the situation pursuant to ss. 1003.26 and 1003.27 and
104	through voluntary participation by the child's parents or legal
105	custodians and by the child in family mediation, services, and
106	treatment offered by the department of Juvenile Justice or the
107	Department of Children and Family Services; or
108	(c)  To have persistently disobeyed the reasonable and
109	lawful demands of the child's parents or legal custodians, and
110	to be beyond their control despite efforts by the child's
111	parents or legal custodians and appropriate agencies to remedy
112	the conditions contributing to the behavior. Reasonable efforts
113	may include such things as good faith participation in family or
114	individual counseling; or
115	(d)  To be 9 years of age or younger and have been referred
116	to the department for a delinquent act.
117	(25)  "Family in need of services" means a family that has
118	a child who is running away; who is persistently disobeying
119	reasonable and lawful demands of the parent or legal custodian
120	and is beyond the control of the parent or legal custodian; or
121	who is habitually truant from school or engaging in other
122	serious behaviors that place the child at risk of future abuse,
123	neglect, or abandonment or at risk of entering the juvenile
124	justice system; or who is 9 years of age or younger and being
125	referred to the department for a delinquent act. The child must
126	be referred to a law enforcement agency, the department of
127	Juvenile Justice, or an agency contracted to provide services to
128	children in need of services. A family is not eligible to
129	receive services if, at the time of the referral, there is an
130	open investigation into an allegation of abuse, neglect, or
131	abandonment or if the child is currently under supervision by
132	the department of Juvenile Justice or the Department of Children
133	and Family Services due to an adjudication of dependency or
134	delinquency.
135	Section 3.  Subsection (1) of section 984.14, Florida
136	Statutes, is amended to read:
137	984.14  Shelter placement; hearing.-
138	(1)  Unless ordered by the court pursuant to the provisions
139	of this chapter, or upon voluntary consent to placement by the
140	child and the child's parent, legal guardian, or custodian, a
141	child taken into custody shall not be placed in a shelter prior
142	to a court hearing unless the child is taken into custody for a
143	misdemeanor domestic violence charge and is ineligible to be
144	held in secure detention or a determination has been made that
145	the provision of appropriate and available services will not
146	eliminate the need for placement and that such placement is
147	required:
148	(a)  To provide an opportunity for the child and family to
149	agree upon conditions for the child's return home, when
150	immediate placement in the home would result in a substantial
151	likelihood that the child and family would not reach an
152	agreement; or
153	(b)  Because a parent, custodian, or guardian is
154	unavailable to take immediate custody of the child.
155	Section 4.  Subsections (9) and (10) are added to section
156	985.02, Florida Statutes, to read:
157	985.02  Legislative intent for the juvenile justice
158	system.-
159	(9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
160	finds that very young children need age-appropriate services in
161	order to prevent and reduce future acts of delinquency. Children
162	who are 9 years of age or younger should be diverted into
163	prearrest or postarrest programs, civil citation programs, or
164	children-in-need-of-services and families-in-need-of-services
165	programs, or other programs as appropriate. If, upon findings
166	from the needs assessment, the child is found to be in need of
167	mental health services or substance abuse treatment services,
168	the department shall cooperate with the parent or legal guardian
169	and the Department of Children and Family Services, as
170	appropriate, to identify the most appropriate services and
171	supports and available funding sources to meet the needs of the
172	child.
173	(10)  RESTORATIVE JUSTICE.-
174	(a)  It is the intent of the Legislature that the juvenile
175	justice system advance the principles of restorative justice.
176	The department should focus on repairing the harm to victims of
177	delinquent behavior by ensuring that the child understands the
178	impact of his or her delinquent behavior on the victim and the
179	community and that the child restore the losses of his or her
180	victim.
181	(b)  Offender accountability is one of the basic principles
182	of restorative justice. The premise of this principle is that
183	the juvenile justice system must respond to delinquent behavior
184	in such a way that the offender is made aware of and takes
185	responsibility for repaying or restoring loss, damage, or injury
186	perpetrated upon the victim and the community. This goal is
187	achieved when the offender understands the consequences of
188	delinquent behavior in terms of harm to others and when the
189	offender makes amends for the harm, loss, or damage through
190	restitution, community service, or other appropriate repayment.
191	Section 5.  Subsections (7) and (23) of section 985.03,
192	Florida Statutes, are amended to read:
193	985.03  Definitions.-As used in this chapter, the term:
194	(7)  "Child in need of services" means a child for whom
195	there is no pending investigation into an allegation or
196	suspicion of abuse, neglect, or abandonment; no pending referral
197	alleging the child is delinquent, except when a child 9 years of
198	age or younger is being referred to the department; or no
199	current supervision by the department or the Department of
200	Children and Family Services for an adjudication of dependency
201	or delinquency. The child must also, under this chapter, be
202	found by the court:
203	(a)  To have persistently run away from the child's parents
204	or legal custodians despite reasonable efforts of the child, the
205	parents or legal custodians, and appropriate agencies to remedy
206	the conditions contributing to the behavior. Reasonable efforts
207	shall include voluntary participation by the child's parents or
208	legal custodians and the child in family mediation, services,
209	and treatment offered by the department or the Department of
210	Children and Family Services;
211	(b)  To be habitually truant from school, while subject to
212	compulsory school attendance, despite reasonable efforts to
213	remedy the situation under ss. 1003.26 and 1003.27 and through
214	voluntary participation by the child's parents or legal
215	custodians and by the child in family mediation, services, and
216	treatment offered by the department of Juvenile Justice or the
217	Department of Children and Family Services; or
218	(c)  To have persistently disobeyed the reasonable and
219	lawful demands of the child's parents or legal custodians, and
220	to be beyond their control despite efforts by the child's
221	parents or legal custodians and appropriate agencies to remedy
222	the conditions contributing to the behavior. Reasonable efforts
223	may include such things as good faith participation in family or
224	individual counseling; or
225	(d)  To be 9 years of age or younger and have been referred
226	to the department for a delinquent act.
227	(23)  "Family in need of services" means a family that has
228	a child for whom there is no pending investigation into an
229	allegation of abuse, neglect, or abandonment or no current
230	supervision by the department or the Department of Children and
231	Family Services for an adjudication of dependency or
232	delinquency. The child must also have been referred to a law
233	enforcement agency or the department for:
234	(a)  Running away from parents or legal custodians;
235	(b)  Persistently disobeying reasonable and lawful demands
236	of parents or legal custodians, and being beyond their control;
237	or
238	(c)  Habitual truancy from school; or
239	(d)  Being a child 9 years of age or younger and being
240	referred for a delinquent act.
241	Section 6.  Subsection (1) of section 985.125, Florida
242	Statutes, is amended to read:
243	985.125  Prearrest or postarrest diversion programs.-
244	(1)  A law enforcement agency, or school district, county,
245	municipality, or the department, in cooperation with the state
246	attorney, is encouraged to may establish a prearrest or
247	postarrest diversion program. Youth 9 years of age or younger
248	should be given the opportunity to participate in a prearrest or
249	postarrest diversion program.
250	Section 7.  Paragraph (d) of subsection (1) of section
251	985.145, Florida Statutes, is amended to read:
252	985.145  Responsibilities of juvenile probation officer
253	during intake; screenings and assessments.-
254	(1)  The juvenile probation officer shall serve as the
255	primary case manager for the purpose of managing, coordinating,
256	and monitoring the services provided to the child. Each program
257	administrator within the Department of Children and Family
258	Services shall cooperate with the primary case manager in
259	carrying out the duties and responsibilities described in this
260	section. In addition to duties specified in other sections and
261	through departmental rules, the assigned juvenile probation
262	officer shall be responsible for the following:
263	(d)  Completing risk assessment instrument.-The juvenile
264	probation officer shall ensure that a risk assessment instrument
265	establishing the child's eligibility for detention has been
266	accurately completed and that the appropriate recommendation was
267	made to the court. If upon completion of the risk assessment
268	instrument the child is ineligible for secure detention based on
269	the criteria in s. 985.24(2)(e), the juvenile probation officer
270	shall make a referral to the appropriate shelter for a child in
271	need of services or a family in need of services.
272	Section 8.  Section 985.24, Florida Statutes, is amended to
273	read:
274	985.24  Use of detention; prohibitions.-
275	(1)  All determinations and court orders regarding the use
276	of secure, nonsecure, or home detention shall be based primarily
277	upon findings that the child:
278	(a)  Presents a substantial risk of not appearing at a
279	subsequent hearing;
280	(b)  Presents a substantial risk of inflicting bodily harm
281	on others as evidenced by recent behavior;
282	(c)  Presents a history of committing a property offense
283	prior to adjudication, disposition, or placement;
284	(d)  Has committed contempt of court by:
285	1.  Intentionally disrupting the administration of the
286	court;
287	2.  Intentionally disobeying a court order; or
288	3.  Engaging in a punishable act or speech in the court's
289	presence which shows disrespect for the authority and dignity of
290	the court; or
291	(e)  Requests protection from imminent bodily harm.
292	(2)  A child alleged to have committed a delinquent act or
293	violation of law may not be placed into secure, nonsecure, or
294	home detention care for any of the following reasons:
295	(a)  To allow a parent to avoid his or her legal
296	responsibility.
297	(b)  To permit more convenient administrative access to the
298	child.
299	(c)  To facilitate further interrogation or investigation.
300	(d)  Due to a lack of more appropriate facilities.
301	(e)  Due to a misdemeanor charge of domestic violence when
302	the child lives in a family with a history of domestic violence
303	as defined in s. 741.28 or is a victim of abuse or neglect as
304	defined in s. 39.01, and the decision to place the child in
305	secure detention is mitigated by the history of trauma faced by
306	the child, unless the child would otherwise be subject to secure
307	detention based on prior history.
308	(3)  A child alleged to be dependent under chapter 39 may
309	not, under any circumstances, be placed into secure detention
310	care.
311	(4)  A child 9 years of age or younger may not be placed in
312	secure detention care unless the child is charged with a capital
313	felony, life felony, or felony of the first degree.
314	(5)(4)  The department shall continue to identify
315	alternatives to secure detention care and shall develop such
316	alternatives and annually submit them to the Legislature for
317	authorization and appropriation.
318	Section 9.  Subsection (2) of section 985.245, Florida
319	Statutes, is amended to read:
320	985.245  Risk assessment instrument.-
321	(2)(a)  The risk assessment instrument for detention care
322	placement determinations and court orders shall be developed by
323	the department in agreement with a committee composed of two
324	representatives appointed by the following associations: the
325	Conference of Circuit Judges of Florida, the Prosecuting
326	Attorneys Association, the Public Defenders Association, the
327	Florida Sheriffs Association, and the Florida Association of
328	Chiefs of Police. Each association shall appoint two
329	individuals, one representing an urban area and one representing
330	a rural area. In addition, the committee shall include two
331	representatives from child advocacy organizations appointed by
332	the secretary of the department. The parties involved shall
333	evaluate and revise the risk assessment instrument as is
334	considered necessary using the method for revision as agreed by
335	the parties.
336	(b)  The risk assessment instrument shall take into
337	consideration, but need not be limited to, prior history of
338	failure to appear, prior offenses, offenses committed pending
339	adjudication, any unlawful possession of a firearm, theft of a
340	motor vehicle or possession of a stolen motor vehicle, and
341	probation status at the time the child is taken into custody.
342	The risk assessment instrument shall also take into
343	consideration appropriate aggravating and mitigating
344	circumstances, and shall be designed to target a narrower
345	population of children than s. 985.255. The risk assessment
346	instrument shall also include any information concerning the
347	child's history of abuse and neglect. The risk assessment shall
348	indicate whether detention care is warranted, and, if detention
349	care is warranted, whether the child should be placed into
350	secure, nonsecure, or home detention care.
351	(c)  The risk assessment instrument shall be independently
352	validated. The department shall review the population, policies,
353	and procedures that have an impact on the use of detention every
354	7 years to determine the necessity of revalidating the risk
355	assessment instrument. Validation of the instrument means
356	assessing the effectiveness of the instrument's ability to
357	measure the risk of committing new offenses and failure to
358	appear for court proceedings.
359	Section 10.  Section 985.255, Florida Statutes, is amended
360	to read:
361	985.255  Detention criteria; detention hearing.-
362	(1)  Subject to s. 985.25(1), a child taken into custody
363	and placed into nonsecure or home detention care or detained in
364	secure detention care prior to a detention hearing may continue
365	to be detained by the court if:
366	(a)  The child is alleged to be an escapee from a
367	residential commitment program; or an absconder from a
368	nonresidential commitment program, a probation program, or
369	conditional release supervision; or is alleged to have escaped
370	while being lawfully transported to or from a residential
371	commitment program.
372	(b)  The child is wanted in another jurisdiction for an
373	offense which, if committed by an adult, would be a felony.
374	(c)  The child is charged with a delinquent act or
375	violation of law and requests in writing through legal counsel
376	to be detained for protection from an imminent physical threat
377	to his or her personal safety.
378	(d)  The child is charged with committing a felony an
379	offense of domestic violence as defined in s. 741.28 and is
380	detained as provided in subsection (2).
381	(e)  The child is charged with possession or discharging a
382	firearm on school property in violation of s. 790.115.
383	(f)  The child is charged with a capital felony, a life
384	felony, a felony of the first degree, a felony of the second
385	degree that does not involve a violation of chapter 893, or a
386	felony of the third degree that is also a crime of violence,
387	including any such offense involving the use or possession of a
388	firearm.
389	(g)  The child is charged with any second degree or third
390	degree felony involving a violation of chapter 893 or any third
391	degree felony that is not also a crime of violence, and the
392	child:
393	1.  Has a record of failure to appear at court hearings
394	after being properly notified in accordance with the Rules of
395	Juvenile Procedure;
396	2.  Has a record of law violations prior to court hearings;
397	3.  Has already been detained or has been released and is
398	awaiting final disposition of the case;
399	4.  Has a record of violent conduct resulting in physical
400	injury to others; or
401	5.  Is found to have been in possession of a firearm.
402	(h)  The child is alleged to have violated the conditions
403	of the child's probation or conditional release supervision.
404	However, a child detained under this paragraph may be held only
405	in a consequence unit as provided in s. 985.439. If a
406	consequence unit is not available, the child shall be placed on
407	home detention with electronic monitoring.
408	(i)  The child is detained on a judicial order for failure
409	to appear and has previously willfully failed to appear, after
410	proper notice, for an adjudicatory hearing on the same case
411	regardless of the results of the risk assessment instrument. A
412	child may be held in secure detention for up to 72 hours in
413	advance of the next scheduled court hearing pursuant to this
414	paragraph. The child's failure to keep the clerk of court and
415	defense counsel informed of a current and valid mailing address
416	where the child will receive notice to appear at court
417	proceedings does not provide an adequate ground for excusal of
418	the child's nonappearance at the hearings.
419	(j)  The child is detained on a judicial order for failure
420	to appear and has previously willfully failed to appear, after
421	proper notice, at two or more court hearings of any nature on
422	the same case regardless of the results of the risk assessment
423	instrument. A child may be held in secure detention for up to 72
424	hours in advance of the next scheduled court hearing pursuant to
425	this paragraph. The child's failure to keep the clerk of court
426	and defense counsel informed of a current and valid mailing
427	address where the child will receive notice to appear at court
428	proceedings does not provide an adequate ground for excusal of
429	the child's nonappearance at the hearings.
430	(2)  A child who is charged with committing a felony an
431	offense of domestic violence as defined in s. 741.28 and who
432	does not meet detention criteria may be held in secure detention
433	if the court makes specific written findings that:
434	(a)  Respite care for the child is not available.
435	(b)  It is necessary to place the child in secure detention
436	in order to protect the victim from injury.
437
438	The child may not be held in secure detention under this
439	subsection for more than 48 hours unless ordered by the court.
440	After 48 hours, the court shall hold a hearing if the state
441	attorney or victim requests that secure detention be continued.
442	The child may continue to be held in detention care if the court
443	makes a specific, written finding that detention care is
444	necessary to protect the victim from injury. However, the child
445	may not be held in detention care beyond the time limits set
446	forth in this section or s. 985.26.
447	(3)(a)  A child who meets any of the criteria in subsection
448	(1) and who is ordered to be detained under that subsection
449	shall be given a hearing within 24 hours after being taken into
450	custody. The purpose of the detention hearing is to determine
451	the existence of probable cause that the child has committed the
452	delinquent act or violation of law that he or she is charged
453	with and the need for continued detention. Unless a child is
454	detained under paragraph (1)(d) or paragraph (1)(e), the court
455	shall use the results of the risk assessment performed by the
456	juvenile probation officer and, based on the criteria in
457	subsection (1), shall determine the need for continued
458	detention. A child placed into secure, nonsecure, or home
459	detention care may continue to be so detained by the court.
460	(b)  If the court orders a placement more restrictive than
461	indicated by the results of the risk assessment instrument, the
462	court shall state, in writing, clear and convincing reasons for
463	such placement.
464	(c)  Except as provided in s. 790.22(8) or in s. 985.27,
465	when a child is placed into secure or nonsecure detention care,
466	or into a respite home or other placement pursuant to a court
467	order following a hearing, the court order must include specific
468	instructions that direct the release of the child from such
469	placement no later than 5 p.m. on the last day of the detention
470	period specified in s. 985.26 or s. 985.27, whichever is
471	applicable, unless the requirements of such applicable provision
472	have been met or an order of continuance has been granted under
473	s. 985.26(4).
474	Section 11.  Paragraph (e) is added to subsection (1) of
475	section 985.441, Florida Statutes, to read:
476	985.441  Commitment.-
477	(1)  The court that has jurisdiction of an adjudicated
478	delinquent child may, by an order stating the facts upon which a
479	determination of a sanction and rehabilitative program was made
480	at the disposition hearing:
481	(e)  Commit a female child to the department for placement
482	in a mother-infant program designed to serve the needs of the
483	juvenile mothers or expectant juvenile mothers who are committed
484	as delinquents. The department's mother-infant program shall be
485	licensed as a child care facility in accordance with s. 402.308
486	and shall provide the services and support necessary to enable
487	the committed juvenile mothers to provide for the needs of the
488	infants who, upon agreement of the mother, may accompany them in
489	the program. The department shall adopt rules pursuant to ss.
490	120.536(1) and 120.54 to govern the operation of such program.
491	Section 12.  Subsection (1) of section 985.45, Florida
492	Statutes, is amended to read:
493	985.45  Liability and remuneration for work.-
494	(1)  Whenever a child is required by the court to
495	participate in any work program under this part or whenever a
496	child volunteers to work in a specified state, county,
497	municipal, or community service organization supervised work
498	program or to work for the victim, either as an alternative to
499	monetary restitution or as a part of the rehabilitative or
500	probation program, the child is an employee of the state for the
501	purposes of chapter 440 liability.
502	Section 13.  Section 985.632, Florida Statutes, is amended
503	to read:
504	985.632  Quality assurance and cost-effectiveness.-
505	(1)  INTENT.-It is the intent of the Legislature that the
506	department:
507	(a)  Ensure that information be provided to decisionmakers
508	in a timely manner so that resources are allocated to programs
509	that of the department which achieve desired performance levels.
510	(b)  Collect and analyze available statistical data for the
511	purpose of ongoing evaluation of all programs.
512	(c)(b)  Provide information about the cost of such programs
513	and their differential effectiveness so that program the quality
514	of such programs can be compared and improvements made
515	continually.
516	(d)(c)  Provide information to aid in developing related
517	policy issues and concerns.
518	(e)(d)  Provide information to the public about the
519	effectiveness of such programs in meeting established goals and
520	objectives.
521	(f)(e)  Provide a basis for a system of accountability so
522	that each youth client is afforded the best programs to meet his
523	or her needs.
524	(g)(f)  Improve service delivery to youth clients.
525	(h)(g)  Modify or eliminate activities that are not
526	effective.
527	(2)  DEFINITIONS.-As used in this section, the term:
528	(a)  "Program" means any facility, service, or program for
529	youth that is operated by the department or by a provider under
530	contract with the department.
531	(b)  "Program component" means an aggregation of generally
532	related objectives which, because of their special character,
533	related workload, and interrelated output, can logically be
534	considered an entity for purposes of organization, management,
535	accounting, reporting, and budgeting.
536	(c)  "Program effectiveness" means the ability of the
537	program to achieve desired client outcomes, goals, and
538	objectives.
539	(c)  "Program group" means a collection of programs with
540	sufficient similarity of functions, services, and youth to
541	permit appropriate comparison among programs within the group.
542	(d)(a)  "Youth" "Client" means any person who is being
543	provided treatment or services by the department or by a
544	provider under contract with the department.
545	(3)  COMPREHENSIVE ACCOUNTABILITY REPORT.-The department
546	shall use a standard methodology for annually measuring,
547	evaluating, and reporting program outputs and youth outcomes for
548	each program and program group. The department shall submit a
549	report to the appropriate substantive and fiscal committees of
550	the Legislature and the Governor no later than January 15 of
551	each year. The department shall notify the Office of Program
552	Policy Analysis and Government Accountability and contract
553	service providers of substantive changes to the methodology. The
554	standard methodology must:
555	(a)  Incorporate, whenever possible, performance-based
556	budgeting measures.
557	(b)  Include common terminology and operational definitions
558	for measuring the performance of system and program
559	administration, program outputs, and youth outcomes.
560	(c)  Specify program outputs for each program and for each
561	program group within the juvenile justice continuum.
562	(d)  Specify desired youth outcomes and methods by which to
563	measure youth outcomes for each program and program group.
564	(3)  The department shall annually collect and report cost
565	data for every program operated or contracted by the department.
566	The cost data shall conform to a format approved by the
567	department and the Legislature. Uniform cost data shall be
568	reported and collected for state-operated and contracted
569	programs so that comparisons can be made among programs. The
570	department shall ensure that there is accurate cost accounting
571	for state-operated services including market-equivalent rent and
572	other shared cost. The cost of the educational program provided
573	to a residential facility shall be reported and included in the
574	cost of a program. The department shall submit an annual cost
575	report to the President of the Senate, the Speaker of the House
576	of Representatives, the Minority Leader of each house of the
577	Legislature, the appropriate substantive and fiscal committees
578	of each house of the Legislature, and the Governor, no later
579	than December 1 of each year. Cost-benefit analysis for
580	educational programs will be developed and implemented in
581	collaboration with and in cooperation with the Department of
582	Education, local providers, and local school districts. Cost
583	data for the report shall include data collected by the
584	Department of Education for the purposes of preparing the annual
585	report required by s. 1003.52(19).
586	(4)(a)  COST-EFFECTIVENESS MODEL.-The department of
587	Juvenile Justice, in consultation with the Office of Economic
588	and Demographic Research, and contract service providers, shall
589	develop a cost-effectiveness model and apply the cost-
590	effectiveness model to each commitment program and include the
591	results in the Comprehensive Accountability Report. Program
592	recidivism rates shall be a component of the model.
593	(a)  The cost-effectiveness model shall compare program
594	costs to expected and actual youth recidivism rates client
595	outcomes and program outputs. It is the intent of the
596	Legislature that continual development efforts take place to
597	improve the validity and reliability of the cost-effectiveness
598	model and to integrate the standard methodology developed under
599	s. 985.401(4) for interpreting program outcome evaluations.
600	(b)  The department shall rank commitment programs based on
601	the cost-effectiveness model and shall submit a report to the
602	appropriate substantive and fiscal committees of each house of
603	the Legislature by December 31 of each year.
604	(b)(c)  Based on reports of the department on client
605	outcomes and program outputs and on the department's most recent
606	cost-effectiveness rankings, the department may terminate a
607	commitment program operated by the department or a provider if
608	the program has failed to achieve a minimum threshold of cost-
609	effectiveness program effectiveness. This paragraph does not
610	preclude the department from terminating a contract as provided
611	under this section or as otherwise provided by law or contract,
612	and does not limit the department's authority to enter into or
613	terminate a contract.
614	(c)(d)  The department shall notify the Office of Program
615	Policy Analysis and Government Accountability and contract
616	service providers of substantive changes to the cost-
617	effectiveness model In collaboration with the Office of Economic
618	and Demographic Research, and contract service providers, the
619	department shall develop a work plan to refine the cost-
620	effectiveness model so that the model is consistent with the
621	performance-based program budgeting measures approved by the
622	Legislature to the extent the department deems appropriate. The
623	department shall notify the Office of Program Policy Analysis
624	and Government Accountability of any meetings to refine the
625	model.
626	(d)(e)  Contingent upon specific appropriation, the
627	department, in consultation with the Office of Economic and
628	Demographic Research, and contract service providers, shall:
629	1.  Construct a profile of each commitment program that
630	uses the results of the quality assurance report required by
631	this section, the cost-effectiveness report required in this
632	subsection, and other reports available to the department.
633	2.  Target, for a more comprehensive evaluation, any
634	commitment program that has achieved consistently high, low, or
635	disparate ratings in the reports required under subparagraph 1.
636	3.  Identify the essential factors that contribute to the
637	high, low, or disparate program ratings.
638	4.  Use the results of these evaluations in developing or
639	refining juvenile justice programs or program models, youth
640	client outcomes and program outputs, provider contracts, quality
641	assurance standards, and the cost-effectiveness model.
642	(5)  QUALITY ASSURANCE.-The department shall:
643	(a)  Establish a comprehensive quality assurance system for
644	each program operated by the department or operated by a
645	provider under contract with the department. Each contract
646	entered into by the department must provide for quality
647	assurance and include the results in the Comprehensive
648	Accountability Report.
649	(b)  Provide operational definitions of and criteria for
650	quality assurance for each specific program component.
651	(c)  Establish quality assurance goals and objectives for
652	each specific program component.
653	(d)  Establish the information and specific data elements
654	required for the quality assurance program.
655	(e)  Develop a quality assurance manual of specific,
656	standardized terminology and procedures to be followed by each
657	program.
658	(f)  Evaluate each program operated by the department or a
659	provider under a contract with the department and establish
660	minimum thresholds for each program component. If a provider
661	fails to meet the established minimum thresholds, such failure
662	shall cause the department to cancel the provider's contract
663	unless the provider achieves compliance with minimum thresholds
664	within 6 months or unless there are documented extenuating
665	circumstances. In addition, the department may not contract with
666	the same provider for the canceled service for a period of 12
667	months. If a department-operated program fails to meet the
668	established minimum thresholds, the department must take
669	necessary and sufficient steps to ensure and document program
670	changes to achieve compliance with the established minimum
671	thresholds. If the department-operated program fails to achieve
672	compliance with the established minimum thresholds within 6
673	months and if there are no documented extenuating circumstances,
674	the department must notify the Executive Office of the Governor
675	and the Legislature of the corrective action taken. Appropriate
676	corrective action may include, but is not limited to:
677	1.  Contracting out for the services provided in the
678	program;
679	2.  Initiating appropriate disciplinary action against all
680	employees whose conduct or performance is deemed to have
681	materially contributed to the program's failure to meet
682	established minimum thresholds;
683	3.  Redesigning the program; or
684	4.  Realigning the program.
685
686	The department shall submit an annual report to the President of
687	the Senate, the Speaker of the House of Representatives, the
688	Minority Leader of each house of the Legislature, the
689	appropriate substantive and fiscal committees of each house of
690	the Legislature, and the Governor, no later than February 1 of
691	each year. The annual report must contain, at a minimum, for
692	each specific program component: a comprehensive description of
693	the population served by the program; a specific description of
694	the services provided by the program; cost; a comparison of
695	expenditures to federal and state funding; immediate and long-
696	range concerns; and recommendations to maintain, expand,
697	improve, modify, or eliminate each program component so that
698	changes in services lead to enhancement in program quality. The
699	department shall ensure the reliability and validity of the
700	information contained in the report.
701	(6)  The department shall collect and analyze available
702	statistical data for the purpose of ongoing evaluation of all
703	programs. The department shall provide the Legislature with
704	necessary information and reports to enable the Legislature to
705	make informed decisions regarding the effectiveness of, and any
706	needed changes in, services, programs, policies, and laws.
707	(7)  No later than November 1, 2001, the department shall
708	submit a proposal to the Legislature concerning funding
709	incentives and disincentives for the department and for
710	providers under contract with the department. The
711	recommendations for funding incentives and disincentives shall
712	be based upon both quality assurance performance and cost-
713	effectiveness performance. The proposal should strive to achieve
714	consistency in incentives and disincentives for both department-
715	operated and contractor-provided programs. The department may
716	include recommendations for the use of liquidated damages in the
717	proposal; however, the department is not presently authorized to
718	contract for liquidated damages in non-hardware-secure
719	facilities until January 1, 2002.
720	Section 14.  Subsection (8) of section 985.664, Florida
721	Statutes, is amended to read:
722	985.664  Juvenile justice circuit boards and juvenile
723	justice county councils.-
724	(8)  At any time after the adoption of initial bylaws
725	pursuant to subsection (12), a juvenile justice circuit board
726	may revise the bylaws to increase the number of members by not
727	more than five three in order to adequately reflect the
728	diversity of the population and community organizations or
729	agencies in the circuit.
730	Section 15.  The Legislature finds that a court is in the
731	best position to weigh all facts and circumstances to determine
732	whether to commit a juvenile before it to the Department of
733	Juvenile Justice and to determine the most appropriate
734	restrictiveness level when such a juvenile is committed to the
735	department.
736	Section 16.  This act shall take effect upon becoming a
737	law.

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