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

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