Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 559888
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2011 .
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The Committee on Budget (Fasano) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (4) of section 394.492, Florida
6 Statutes, is amended to read:
7 394.492 Definitions.—As used in ss. 394.490-394.497, the
8 term:
9 (4) “Child or adolescent at risk of emotional disturbance”
10 means a person under 18 years of age who has an increased
11 likelihood of becoming emotionally disturbed because of risk
12 factors that include, but are not limited to:
13 (a) Being homeless.
14 (b) Having a family history of mental illness.
15 (c) Being physically or sexually abused or neglected.
16 (d) Abusing alcohol or other substances.
17 (e) Being infected with human immunodeficiency virus (HIV).
18 (f) Having a chronic and serious physical illness.
19 (g) Having been exposed to domestic violence.
20 (h) Having multiple out-of-home placements.
21 (i) Being 9 years of age or younger at the time of referral
22 for a delinquent act.
23 Section 2. Section 985.02, Florida Statutes, is amended to
24 read:
25 985.02 Legislative intent for the juvenile justice system.—
26 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
27 the Legislature that the children of this state be provided with
28 the following protections:
29 (a) Protection from abuse, neglect, and exploitation.
30 (b) A permanent and stable home.
31 (c) A safe and nurturing environment which will preserve a
32 sense of personal dignity and integrity.
33 (d) Adequate nutrition, shelter, and clothing.
34 (e) Effective treatment to address physical, social, and
35 emotional needs, regardless of geographical location.
36 (f) Equal opportunity and access to quality and effective
37 education, which will meet the individual needs of each child,
38 and to recreation and other community resources to develop
39 individual abilities.
40 (g) Access to preventive services.
41 (h) An independent, trained advocate when intervention is
42 necessary, and a skilled guardian or caretaker in a safe
43 environment when alternative placement is necessary.
44 (i) Gender-specific programming and gender-specific program
45 models and services that comprehensively address the needs of a
46 targeted gender group.
47 (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
48 children in the care of the state’s dependency and delinquency
49 systems need appropriate health care services, that the impact
50 of substance abuse on health indicates the need for health care
51 services to include substance abuse services where appropriate,
52 and that it is in the state’s best interest that such children
53 be provided the services they need to enable them to become and
54 remain independent of state care. In order to provide these
55 services, the state’s dependency and delinquency systems must
56 have the ability to identify and provide appropriate
57 intervention and treatment for children with personal or family
58 related substance abuse problems. It is therefore the purpose of
59 the Legislature to provide authority for the state to contract
60 with community substance abuse treatment providers for the
61 development and operation of specialized support and overlay
62 services for the dependency and delinquency systems, which will
63 be fully implemented and utilized as resources permit.
64 (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
65 policy of the state with respect to juvenile justice and
66 delinquency prevention to first protect the public from acts of
67 delinquency. In addition, it is the policy of the state to:
68 (a) Develop and implement effective methods of preventing
69 and reducing acts of delinquency, with a focus on maintaining
70 and strengthening the family as a whole so that children may
71 remain in their homes or communities.
72 (b) Develop and implement effective programs to prevent
73 delinquency, to divert children from the traditional juvenile
74 justice system, to intervene at an early stage of delinquency,
75 and to provide critically needed alternatives to
76 institutionalization, and deep-end commitment, and secure
77 detention.
78 (c) Provide well-trained personnel, high-quality services,
79 and cost-effective programs within the juvenile justice system.
80 (d) Increase the capacity of local governments and public
81 and private agencies to conduct rehabilitative treatment
82 programs and to provide research, evaluation, and training
83 services in the field of juvenile delinquency prevention.
84
85 The Legislature intends that detention care, in addition to
86 providing secure and safe custody, will promote the health and
87 well-being of the children committed thereto and provide an
88 environment that fosters their social, emotional, intellectual,
89 and physical development.
90 (4) DETENTION.—
91 (a) The Legislature finds that there is a need for a secure
92 placement for certain children alleged to have committed a
93 delinquent act. The Legislature finds that detention should be
94 used only when less restrictive interim placement alternatives
95 prior to adjudication and disposition are not appropriate. The
96 Legislature further finds that decisions to detain should be
97 based in part on a prudent assessment of risk and be limited to
98 situations where there is clear and convincing evidence that a
99 child presents a risk of failing to appear or presents a
100 substantial risk of inflicting bodily harm on others as
101 evidenced by recent behavior; presents a history of committing a
102 serious property offense prior to adjudication, disposition, or
103 placement; has acted in direct or indirect contempt of court; or
104 requests protection from imminent bodily harm.
105 (b) The Legislature intends that a juvenile found to have
106 committed a delinquent act understands the consequences and the
107 serious nature of such behavior. Therefore, the Legislature
108 finds that secure detention is appropriate to ensure public
109 safety and guarantee a juvenile’s appearance in court provide
110 punishment that discourages further delinquent behavior. The
111 Legislature also finds that certain juveniles have committed a
112 sufficient number of criminal acts, including acts involving
113 violence to persons, to represent sufficient danger to the
114 community to warrant sentencing and placement within the adult
115 system. It is the intent of the Legislature to establish clear
116 criteria in order to identify these juveniles and remove them
117 from the juvenile justice system.
118 (5) SERIOUS OR HABITUAL JUVENILE OFFENDERS.—The Legislature
119 finds that fighting crime effectively requires a multipronged
120 effort focusing on particular classes of delinquent children and
121 the development of particular programs. This state’s juvenile
122 justice system has an inadequate number of beds for serious or
123 habitual juvenile offenders and an inadequate number of
124 community and residential programs for a significant number of
125 children whose delinquent behavior is due to or connected with
126 illicit substance abuse. In addition, A significant number of
127 children have been adjudicated in adult criminal court and
128 placed in this state’s prisons where programs are inadequate to
129 meet their rehabilitative needs and where space is needed for
130 adult offenders. Recidivism rates for each of these classes of
131 offenders exceed those tolerated by the Legislature and by the
132 citizens of this state.
133 (5)(6) SITING OF FACILITIES.—
134 (a) The Legislature finds that timely siting and
135 development of needed residential facilities for juvenile
136 offenders is critical to the public safety of the citizens of
137 this state and to the effective rehabilitation of juvenile
138 offenders.
139 (b) It is the purpose of the Legislature to guarantee that
140 such facilities are sited and developed within reasonable
141 timeframes after they are legislatively authorized and
142 appropriated.
143 (c) The Legislature further finds that such facilities must
144 be located in areas of the state close to the home communities
145 of the children they house in order to ensure the most effective
146 rehabilitation efforts and the most intensive postrelease
147 supervision and case management. Residential facilities shall
148 have no more than 165 beds each, including campus-style
149 programs, unless those campus-style programs include more than
150 one level of restrictiveness, provide multilevel education and
151 treatment programs using different treatment protocols, and have
152 facilities that coexist separately in distinct locations on the
153 same property.
154 (d) It is the intent of the Legislature that all other
155 departments and agencies of the state shall cooperate fully with
156 the Department of Juvenile Justice to accomplish the siting of
157 facilities for juvenile offenders.
158
159 The supervision, counseling, rehabilitative treatment, and
160 punitive efforts of the juvenile justice system should avoid the
161 inappropriate use of correctional programs and large
162 institutions. The Legislature finds that detention services
163 should exceed the primary goal of providing safe and secure
164 custody pending adjudication and disposition.
165 (6)(7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
166 Parents, custodians, and guardians are deemed by the state to be
167 responsible for providing their children with sufficient
168 support, guidance, and supervision to deter their participation
169 in delinquent acts. The state further recognizes that the
170 ability of parents, custodians, and guardians to fulfill those
171 responsibilities can be greatly impaired by economic, social,
172 behavioral, emotional, and related problems. It is therefore the
173 policy of the Legislature that it is the state’s responsibility
174 to ensure that factors impeding the ability of caretakers to
175 fulfill their responsibilities are identified through the
176 delinquency intake process and that appropriate recommendations
177 to address those problems are considered in any judicial or
178 nonjudicial proceeding. Nonetheless, as it is also the intent of
179 the Legislature to preserve and strengthen the child’s family
180 ties, it is the policy of the Legislature that the emotional,
181 legal, and financial responsibilities of the caretaker with
182 regard to the care, custody, and support of the child continue
183 while the child is in the physical or legal custody of the
184 department.
185 (7)(8) GENDER-SPECIFIC PROGRAMMING.—
186 (a) The Legislature finds that the prevention, treatment,
187 and rehabilitation needs of youth served by the juvenile justice
188 system are gender-specific.
189 (b) Gender-specific programming refers to unique program
190 models and services that comprehensively address the needs of a
191 targeted gender group. Gender-specific services require the
192 adherence to the principle of equity to ensure that the
193 different interests of young women and men are recognized and
194 varying needs are met, with equality as the desired outcome.
195 Gender-specific programming focuses on the differences between
196 young females’ and young males’ roles and responsibilities,
197 positions in society, access to and use of resources, and social
198 codes governing behavior. Gender-specific programs increase the
199 effectiveness of programs by making interventions more
200 appropriate to the specific needs of young women and men and
201 ensuring that these programs do not unknowingly create,
202 maintain, or reinforce gender roles or relations that may be
203 damaging.
204 (8) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
205 finds that very young children need age-appropriate services in
206 order to prevent and reduce future acts of delinquency. Children
207 who are 9 years of age or younger should be diverted into
208 prearrest or postarrest programs, civil citation programs,
209 children-in-need-of-services and families-in-need-of-services
210 programs, or other programs, as appropriate. If, based upon a
211 needs assessment, the child is found to be in need of mental
212 health services or substance abuse treatment services, the
213 department shall cooperate with the parent or legal guardian and
214 the Department of Children and Family Services, as appropriate,
215 to identify the most appropriate services and supports and
216 available funding sources to meet the needs of the child.
217 (9) RESTORATIVE JUSTICE.—
218 (a) It is the intent of the Legislature that the juvenile
219 justice system advance the principles of restorative justice.
220 The department shall focus on repairing the harm to victims of
221 delinquent behavior by ensuring that the child understands the
222 effect of his or her delinquent behavior on the victim and the
223 community and that the child restores the losses of his or her
224 victim.
225 (b) Offender accountability is one of the principles of
226 restorative justice. The premise of this principle is that the
227 juvenile justice system must respond to delinquent behavior in
228 such a way that the offender is made aware of and takes
229 responsibility for repaying or restoring loss, damage, or injury
230 perpetrated upon the victim and the community. This goal is
231 achieved when the offender understands the consequences of
232 delinquent behaviors in terms of harm to others, and when the
233 offender makes amends for the harm, loss, or damage through
234 restitution, community service, or other appropriate repayment.
235 Section 3. Subsection (1) of section 985.125, Florida
236 Statutes, is amended to read:
237 985.125 Prearrest or postarrest diversion programs.—
238 (1) A law enforcement agency, or school district, county,
239 municipality, or the department, in cooperation with the state
240 attorney, is encouraged to may establish a prearrest or
241 postarrest diversion programs. Youth who are taken into custody
242 for first-time misdemeanor offenses or offenders who are 9 years
243 of age or younger should be given an opportunity to participate
244 in prearrest or postarrest diversion programs program.
245 Section 4. Paragraph (d) of subsection (1) of section
246 985.145, Florida Statutes, is amended to read:
247 985.145 Responsibilities of juvenile probation officer
248 during intake; screenings and assessments.—
249 (1) The juvenile probation officer shall serve as the
250 primary case manager for the purpose of managing, coordinating,
251 and monitoring the services provided to the child. Each program
252 administrator within the Department of Children and Family
253 Services shall cooperate with the primary case manager in
254 carrying out the duties and responsibilities described in this
255 section. In addition to duties specified in other sections and
256 through departmental rules, the assigned juvenile probation
257 officer shall be responsible for the following:
258 (d) Completing risk assessment instrument.—The juvenile
259 probation officer shall ensure that a risk assessment instrument
260 establishing the child’s eligibility for detention has been
261 accurately completed and that the appropriate recommendation was
262 made to the court. If, upon completion of the risk assessment
263 instrument, the child is ineligible for secure detention based
264 on the criteria in s. 985.24(2)(e), the juvenile probation
265 officer shall make a referral to the appropriate shelter for a
266 child in need of services or family in need of services.
267 Section 5. Section 985.24, Florida Statutes, is amended to
268 read:
269 985.24 Use of detention; prohibitions.—
270 (1) All determinations and court orders regarding the use
271 of secure, nonsecure, or home detention must shall be based
272 primarily upon findings that the child:
273 (a) Presents a substantial risk of not appearing at a
274 subsequent hearing;
275 (b) Presents a substantial risk of inflicting bodily harm
276 on others as evidenced by recent behavior;
277 (c) Presents a history of committing a property offense
278 prior to adjudication, disposition, or placement;
279 (d) Has committed contempt of court by:
280 1. Intentionally disrupting the administration of the
281 court;
282 2. Intentionally disobeying a court order; or
283 3. Engaging in a punishable act or speech in the court’s
284 presence which shows disrespect for the authority and dignity of
285 the court; or
286 (e) Requests protection from imminent bodily harm.
287 (2) A child alleged to have committed a delinquent act or
288 violation of law may not be placed into secure, nonsecure, or
289 home detention care for any of the following reasons:
290 (a) To allow a parent to avoid his or her legal
291 responsibility.
292 (b) To permit more convenient administrative access to the
293 child.
294 (c) To facilitate further interrogation or investigation.
295 (d) Due to a lack of more appropriate facilities.
296 (e) Due to a misdemeanor charge of domestic violence if the
297 child lives in a family that has a history of family violence,
298 as defined in s. 741.28, or if the child is a victim of abuse or
299 neglect, as defined in s. 39.01, and the decision to place the
300 child in secure detention care is mitigated by the history of
301 trauma faced by the child, unless the child would otherwise be
302 subject to secure detention based on his or her prior history.
303 (3) A child alleged to be dependent under chapter 39 may
304 not, under any circumstances, be placed into secure detention
305 care.
306 (4) A child 9 years of age or younger may not be placed
307 into secure detention care unless the child is charged with a
308 capital felony, a life felony, or a felony of the first degree.
309 (5)(4) The department shall continue to identify
310 alternatives to secure detention care and shall develop such
311 alternatives and annually submit them to the Legislature for
312 authorization and appropriation.
313 Section 6. Paragraphs (a) and (b) of subsection (2) of
314 section 985.245, Florida Statutes, are amended to read:
315 985.245 Risk assessment instrument.—
316 (2)(a) The risk assessment instrument for detention care
317 placement determinations and court orders shall be developed by
318 the department in consultation agreement with representatives
319 appointed by the following associations: the Conference of
320 Circuit Judges of Florida, the Prosecuting Attorneys
321 Association, the Public Defenders Association, the Florida
322 Sheriffs Association, and the Florida Association of Chiefs of
323 Police. Each association shall appoint two individuals, one
324 representing an urban area and one representing a rural area.
325 The risk assessment instrument shall be effective at predicting
326 risk and avoiding the unnecessary use of secure detention. The
327 parties involved shall evaluate and revise the risk assessment
328 instrument as is considered necessary using the method for
329 revision as agreed by the parties.
330 (b) The risk assessment instrument shall accurately predict
331 a child’s risk of rearrest or failure to appear in court. The
332 risk assessment instrument may take the following factors take
333 into consideration, but need not be limited to, the child’s
334 prior history of failure to appear, prior offenses, offenses
335 committed pending adjudication, any unlawful possession of a
336 firearm, theft of a motor vehicle or possession of a stolen
337 motor vehicle, and probation status at the time the child is
338 taken into custody. The risk assessment instrument shall also
339 take into consideration appropriate aggravating and mitigating
340 circumstances, and shall be designed to target a narrower
341 population of children than s. 985.255. The risk assessment
342 instrument shall also include any information concerning the
343 child’s history of abuse and neglect. The risk assessment shall
344 indicate whether detention care is warranted, and, if detention
345 care is warranted, whether the child should be placed into
346 secure, nonsecure, or home detention care.
347 Section 7. Section 985.255, Florida Statutes, is amended to
348 read:
349 985.255 Detention criteria; detention hearing.—
350 (1) Subject to s. 985.25(1), a child taken into custody and
351 placed into nonsecure or home detention care or detained in
352 secure detention care before prior to a detention hearing may
353 continue to be detained by the court if:
354 (a) The child is alleged to be an escapee from a
355 residential commitment program; or an absconder from a
356 nonresidential commitment program, a probation program, or
357 conditional release supervision; or is alleged to have escaped
358 while being lawfully transported to or from a residential
359 commitment program.
360 (b) The child is wanted in another jurisdiction for an
361 offense which, if committed by an adult, would be a felony.
362 (c) The child is charged with a delinquent act or violation
363 of law and requests in writing through legal counsel to be
364 detained for protection from an imminent physical threat to his
365 or her personal safety.
366 (d) The child is charged with committing a felony an
367 offense of domestic violence as defined in s. 741.28 and is
368 detained as provided in subsection (2).
369 (e) The child is charged with possession or discharging a
370 firearm on school property in violation of s. 790.115.
371 (f) The child is charged with a capital felony, a life
372 felony, a felony of the first degree, a felony of the second
373 degree that does not involve a violation of chapter 893, or a
374 felony of the third degree that is also a crime of violence,
375 including any such offense involving the use or possession of a
376 firearm.
377 (g) The child is charged with any second degree or third
378 degree felony involving a violation of chapter 893 or any third
379 degree felony that is not also a crime of violence, and the
380 child:
381 1. Has a record of failure to appear at court hearings
382 after being properly notified in accordance with the Rules of
383 Juvenile Procedure;
384 2. Has a record of law violations prior to court hearings;
385 3. Has already been detained or has been released and is
386 awaiting final disposition of the case;
387 4. Has a record of violent conduct resulting in physical
388 injury to others; or
389 5. Is found to have been in possession of a firearm.
390 (h) The child is alleged to have violated the conditions of
391 the child’s probation or conditional release supervision.
392 However, a child detained under this paragraph may be held only
393 in a consequence unit as provided in s. 985.439. If a
394 consequence unit is not available, the child shall be placed on
395 home detention with electronic monitoring.
396 (i) The child is detained on a judicial order for failure
397 to appear and has previously willfully failed to appear, after
398 proper notice, for an adjudicatory hearing on the same case
399 regardless of the results of the risk assessment instrument. A
400 child may be held in secure detention for up to 72 hours in
401 advance of the next scheduled court hearing pursuant to this
402 paragraph. The child’s failure to keep the clerk of court and
403 defense counsel informed of a current and valid mailing address
404 where the child will receive notice to appear at court
405 proceedings does not provide an adequate ground for excusal of
406 the child’s nonappearance at the hearings.
407 (j) The child is detained on a judicial order for failure
408 to appear and has previously willfully failed to appear, after
409 proper notice, at two or more court hearings of any nature on
410 the same case regardless of the results of the risk assessment
411 instrument. A child may be held in secure detention for up to 72
412 hours in advance of the next scheduled court hearing pursuant to
413 this paragraph. The child’s failure to keep the clerk of court
414 and defense counsel informed of a current and valid mailing
415 address where the child will receive notice to appear at court
416 proceedings does not provide an adequate ground for excusal of
417 the child’s nonappearance at the hearings.
418 (2) A child who is charged with committing a felony an
419 offense of domestic violence as defined in s. 741.28 and who
420 does not meet detention criteria may be held in secure detention
421 if the court makes specific written findings that:
422 (a) Respite care for the child is not available.
423 (b) It is necessary to place the child in secure detention
424 in order to protect the victim from injury.
425
426 The child may not be held in secure detention under this
427 subsection for more than 48 hours unless ordered by the court.
428 After 48 hours, the court shall hold a hearing if the state
429 attorney or victim requests that secure detention be continued.
430 The child may continue to be held in detention care if the court
431 makes a specific, written finding that detention care is
432 necessary to protect the victim from injury. However, the child
433 may not be held in detention care beyond the time limits set
434 forth in this section or s. 985.26.
435 (3)(a) A child who meets any of the criteria in subsection
436 (1) and who is ordered to be detained under that subsection
437 shall be given a hearing within 24 hours after being taken into
438 custody. The purpose of the detention hearing is to determine
439 the existence of probable cause that the child has committed the
440 delinquent act or violation of law that he or she is charged
441 with and the need for continued detention. Unless a child is
442 detained under paragraph (1)(d) or paragraph (1)(e), the court
443 shall use the results of the risk assessment performed by the
444 juvenile probation officer and, based on the criteria in
445 subsection (1), shall determine the need for continued
446 detention. A child placed into secure, nonsecure, or home
447 detention care may continue to be so detained by the court.
448 (b) If the court orders a placement more restrictive than
449 indicated by the results of the risk assessment instrument, the
450 court shall state, in writing, clear and convincing reasons for
451 such placement.
452 (c) Except as provided in s. 790.22(8) or in s. 985.27,
453 when a child is placed into secure or nonsecure detention care,
454 or into a respite home or other placement pursuant to a court
455 order following a hearing, the court order must include specific
456 instructions that direct the release of the child from such
457 placement no later than 5 p.m. on the last day of the detention
458 period specified in s. 985.26 or s. 985.27, whichever is
459 applicable, unless the requirements of such applicable provision
460 have been met or an order of continuance has been granted under
461 s. 985.26(4).
462 Section 8. Subsection (1) of section 985.441, Florida
463 Statutes, is amended to read:
464 985.441 Commitment.—
465 (1) The court that has jurisdiction of an adjudicated
466 delinquent child may, by an order stating the facts upon which a
467 determination of a sanction and rehabilitative program was made
468 at the disposition hearing:
469 (a) Commit the child to a licensed child-caring agency
470 willing to receive the child; however, the court may not commit
471 the child to a jail or to a facility used primarily as a
472 detention center or facility or shelter.
473 (b) Commit the child to the department at a restrictiveness
474 level defined in s. 985.03. Such commitment must be for the
475 purpose of exercising active control over the child, including,
476 but not limited to, custody, care, training, urine monitoring,
477 and treatment of the child and release of the child from
478 residential commitment into the community in a postcommitment
479 nonresidential conditional release program. If the child is not
480 successful in the conditional release program, the department
481 may use the transfer procedure under subsection (3).
482 (c) Commit the child to the department for placement in a
483 program or facility for serious or habitual juvenile offenders
484 in accordance with s. 985.47.
485 1. Following a delinquency adjudicatory hearing under s.
486 985.35 and a delinquency disposition hearing under s. 985.433
487 that results in a commitment determination, the court shall, on
488 its own or upon request by the state or the department,
489 determine whether the protection of the public requires that the
490 child be placed in a program for serious or habitual juvenile
491 offenders and whether the particular needs of the child would be
492 best served by a program for serious or habitual juvenile
493 offenders as provided in s. 985.47. The determination shall be
494 made under ss. 985.47(1) and 985.433(7).
495 2. Any commitment of a child to a program or facility for
496 serious or habitual juvenile offenders must be for an
497 indeterminate period of time, but the time may not exceed the
498 maximum term of imprisonment that an adult may serve for the
499 same offense.
500 (c)(d) Commit the child to the department for placement in
501 a program or facility for juvenile sexual offenders in
502 accordance with s. 985.48, subject to specific appropriation for
503 such a program or facility.
504 1. The child may only be committed for such placement
505 pursuant to determination that the child is a juvenile sexual
506 offender under the criteria specified in s. 985.475.
507 2. Any commitment of a juvenile sexual offender to a
508 program or facility for juvenile sexual offenders must be for an
509 indeterminate period of time, but the time may not exceed the
510 maximum term of imprisonment that an adult may serve for the
511 same offense.
512 (d) Commit the child to the department for placement in a
513 mother-infant program designed to serve the needs of juvenile
514 mothers or expectant juvenile mothers who are committed as
515 delinquents. The department’s mother-infant program must be
516 licensed as a child care facility in accordance with s. 402.308,
517 and must provide the services and support necessary to enable
518 the committed juvenile mothers to provide for the needs of their
519 infants who, upon agreement of the mother, may accompany them in
520 the program.
521 Section 9. Subsection (1) of section 985.45, Florida
522 Statutes, is amended to read:
523 985.45 Liability and remuneration for work.—
524 (1) Whenever a child is required by the court to
525 participate in any work program under this part or whenever a
526 child volunteers to work in a specified state, county,
527 municipal, or community service organization supervised work
528 program or to work for the victim, either as an alternative to
529 monetary restitution or as a part of the rehabilitative or
530 probation program, the child is an employee of the state for the
531 purposes of chapter 440 liability.
532 Section 10. Section 985.632, Florida Statutes, is amended
533 to read:
534 985.632 Program review and reporting requirements Quality
535 assurance and cost-effectiveness.—
536 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
537 that the department:
538 (a) Ensure that information be provided to decisionmakers
539 in a timely manner so that resources are allocated to programs
540 that of the department which achieve desired performance levels.
541 (b) Collect and analyze available statistical data for the
542 purpose of ongoing evaluation of all programs.
543 (c)(b) Provide information about the cost of such programs
544 and their differential effectiveness so that program the quality
545 may of such programs can be compared and improvements made
546 continually.
547 (d)(c) Provide information to aid in developing related
548 policy issues and concerns.
549 (e)(d) Provide information to the public about the
550 effectiveness of such programs in meeting established goals and
551 objectives.
552 (f)(e) Provide a basis for a system of accountability so
553 that each youth client is afforded the best programs to meet his
554 or her needs.
555 (g)(f) Improve service delivery to youth clients.
556 (h)(g) Modify or eliminate activities that are not
557 effective.
558 (2) DEFINITIONS.—As used in this section, the term:
559 (a) “Youth” “Client” means any person who is being provided
560 treatment or services by the department or by a provider under
561 contract with the department.
562 (b) “Program” means any facility, service, or program for
563 youth which is operated by the department or by a provider under
564 contract with the department.
565 (c)(b) “Program component” means an aggregation of
566 generally related objectives which, because of their special
567 character, related workload, and interrelated output, can
568 logically be considered an entity for purposes of organization,
569 management, accounting, reporting, and budgeting.
570 (c) “Program effectiveness” means the ability of the
571 program to achieve desired client outcomes, goals, and
572 objectives.
573 (d) “Program group” means a collection of programs having
574 sufficient similarity of functions, services, and population to
575 allow appropriate comparisons between programs within the group.
576 (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
577 shall use a standard methodology for annually measuring,
578 evaluating, and reporting program outputs and youth outcomes for
579 each program and program group. The department shall submit a
580 report to the appropriate committees of the Legislature and the
581 Governor by January 15 of each year. The department shall notify
582 the Office of Program Policy Analysis and Government
583 Accountability and each contract service provider of substantive
584 changes to the methodology. The standard methodology must:
585 (a) Define common terminology and operational definitions
586 and methods by which the performance of program outputs and
587 outcomes may be measured.
588 (b) Specify program outputs for each program and for each
589 program group within the juvenile justice continuum.
590 (c) Report cost data for each program operated or
591 contracted by the department for the fiscal year corresponding
592 to the program outputs and outcomes being reported. The
593 department shall annually collect and report cost data for every
594 program operated or contracted by the department. The cost data
595 shall conform to a format approved by the department and the
596 Legislature. Uniform cost data shall be reported and collected
597 for state-operated and contracted programs so that comparisons
598 can be made among programs. The department shall ensure that
599 there is accurate cost accounting for state-operated services
600 including market-equivalent rent and other shared cost. The cost
601 of the educational program provided to a residential facility
602 shall be reported and included in the cost of a program. The
603 department shall submit an annual cost report to the President
604 of the Senate, the Speaker of the House of Representatives, the
605 Minority Leader of each house of the Legislature, the
606 appropriate substantive and fiscal committees of each house of
607 the Legislature, and the Governor, no later than December 1 of
608 each year. Cost-benefit analysis for educational programs will
609 be developed and implemented in collaboration with and in
610 cooperation with the Department of Education, local providers,
611 and local school districts. Cost data for the report shall
612 include data collected by the Department of Education for the
613 purposes of preparing the annual report required by s.
614 1003.52(19).
615 (4) PROGRAM ACCOUNTABILITY MEASURES.—
616 (a) The department, in consultation with the Office of
617 Economic and Demographic Research and contract service
618 providers, shall develop a cost-effectiveness model and apply
619 the program accountability measures analysis model to each
620 commitment program and include the results in the comprehensive
621 accountability report. Program recidivism rates shall be a
622 component of the model. The program accountability measures
623 analysis cost-effectiveness model shall compare program costs to
624 expected and actual youth recidivism rates client outcomes and
625 program outputs. It is the intent of the Legislature that
626 continual development efforts take place to improve the validity
627 and reliability of the program accountability measure analysis
628 cost-effectiveness model.
629 (b) The department shall rank commitment programs based on
630 the cost-effectiveness model and shall submit a report to the
631 appropriate substantive and fiscal committees of each house of
632 the Legislature by December 31 of each year.
633 (b)(c) Based on reports of the department on client
634 outcomes and program outputs and on the department’s most recent
635 program accountability measures analysis cost-effectiveness
636 rankings, the department may terminate its contract with or
637 discontinue a commitment program operated by the department or a
638 provider if the program has failed to achieve a minimum
639 threshold of recidivism and cost-effectiveness program
640 effectiveness. This paragraph does not preclude the department
641 from terminating a contract as provided under this section or as
642 otherwise provided by law or contract, and does not limit the
643 department’s authority to enter into or terminate a contract.
644 (c)(d) The department shall notify the Office of Program
645 Policy Analysis and Government Accountability and each contract
646 service provider of substantive changes to the program
647 accountability measures analysis. In collaboration with the
648 Office of Economic and Demographic Research, and contract
649 service providers, the department shall develop a work plan to
650 refine the cost-effectiveness model so that the model is
651 consistent with the performance-based program budgeting measures
652 approved by the Legislature to the extent the department deems
653 appropriate. The department shall notify the Office of Program
654 Policy Analysis and Government Accountability of any meetings to
655 refine the model.
656 (d)(e) Contingent upon specific appropriation, the
657 department, in consultation with the Office of Economic and
658 Demographic Research, and contract service providers, shall:
659 1. Construct a profile of each commitment program which
660 that uses the results of the quality assurance report required
661 by this section, the program accountability measure analysis
662 cost-effectiveness report required in this subsection, and other
663 reports available to the department.
664 2. Target, for a more comprehensive evaluation, any
665 commitment program that has achieved consistently high, low, or
666 disparate ratings in the reports required under subparagraph 1.
667 3. Identify the essential factors that contribute to the
668 high, low, or disparate program ratings.
669 4. Use the results of these evaluations in developing or
670 refining juvenile justice programs or program models, youth
671 client outcomes and program outputs, provider contracts, quality
672 assurance standards, and the program accountability measure
673 analysis cost-effectiveness model.
674 (5) QUALITY ASSURANCE.—The department shall:
675 (a) Establish a comprehensive quality assurance system for
676 each program operated by the department or operated by a
677 provider under contract with the department. Each contract
678 entered into by the department must provide for quality
679 assurance and include the results in the comprehensive
680 accountability report.
681 (b) Provide operational definitions of and criteria for
682 quality assurance for each specific program component.
683 (c) Establish quality assurance goals and objectives for
684 each specific program component.
685 (d) Establish the information and specific data elements
686 required for the quality assurance program.
687 (e) Develop a quality assurance manual of specific,
688 standardized terminology and procedures to be followed by each
689 program.
690 (f) Evaluate each program operated by the department or a
691 provider under a contract with the department and establish
692 minimum thresholds for each program component. If a provider
693 fails to meet the established minimum thresholds, such failure
694 shall cause the department to cancel the provider’s contract
695 unless the provider achieves compliance with minimum thresholds
696 within 6 months or unless there are documented extenuating
697 circumstances. In addition, the department may not contract with
698 the same provider for the canceled service for a period of 12
699 months. If a department-operated program fails to meet the
700 established minimum thresholds, the department must take
701 necessary and sufficient steps to ensure and document program
702 changes to achieve compliance with the established minimum
703 thresholds. If the department-operated program fails to achieve
704 compliance with the established minimum thresholds within 6
705 months and if there are no documented extenuating circumstances,
706 the department must notify the Executive Office of the Governor
707 and the Legislature of the corrective action taken. Appropriate
708 corrective action may include, but is not limited to:
709 1. Contracting out for the services provided in the
710 program;
711 2. Initiating appropriate disciplinary action against all
712 employees whose conduct or performance is deemed to have
713 materially contributed to the program’s failure to meet
714 established minimum thresholds;
715 3. Redesigning the program; or
716 4. Realigning the program.
717
718 The department shall submit an annual report to the President of
719 the Senate, the Speaker of the House of Representatives, the
720 Minority Leader of each house of the Legislature, the
721 appropriate substantive and fiscal committees of each house of
722 the Legislature, and the Governor, no later than February 1 of
723 each year. The annual report must contain, at a minimum, for
724 each specific program component: a comprehensive description of
725 the population served by the program; a specific description of
726 the services provided by the program; cost; a comparison of
727 expenditures to federal and state funding; immediate and long
728 range concerns; and recommendations to maintain, expand,
729 improve, modify, or eliminate each program component so that
730 changes in services lead to enhancement in program quality. The
731 department shall ensure the reliability and validity of the
732 information contained in the report.
733 (6) The department shall collect and analyze available
734 statistical data for the purpose of ongoing evaluation of all
735 programs. The department shall provide the Legislature with
736 necessary information and reports to enable the Legislature to
737 make informed decisions regarding the effectiveness of, and any
738 needed changes in, services, programs, policies, and laws.
739 Section 11. Subsection (48) of section 985.03, Florida
740 Statutes, is repealed.
741 Section 12. Subsection (56) of section 985.03, Florida
742 Statutes, is repealed.
743 Section 13. Section 985.47, Florida Statutes, is repealed.
744 Section 14. Section 985.483, Florida Statutes, is repealed.
745 Section 15. Section 985.486, Florida Statutes, is repealed.
746 Section 16. Section 985.636, Florida Statutes, is repealed.
747 Section 17. Section 985.494, Florida Statutes, is amended
748 to read:
749 985.494 Commitment programs for juvenile felony offenders.—
750 (1) Notwithstanding any other law and regardless of the
751 child’s age, a child who is adjudicated delinquent, or for whom
752 adjudication is withheld, for an act that would be a felony if
753 committed by an adult, shall be committed to:
754 (a) A program for serious or habitual juvenile offenders
755 under s. 985.47 or an intensive residential treatment program
756 for offenders less than 13 years of age under s. 985.483, if the
757 child has participated in an early delinquency intervention
758 program and has completed a sheriff’s training and respect
759 program.
760 (b) a maximum-risk residential program, if the child has
761 completed two different high-risk residential commitment
762 programs participated in an early delinquency intervention
763 program, has completed a sheriff’s training and respect program,
764 and has completed a program for serious or habitual juvenile
765 offenders or an intensive residential treatment program for
766 offenders less than 13 years of age. The commitment of a child
767 to a maximum-risk residential program must be for an
768 indeterminate period, but may not exceed the maximum term of
769 imprisonment that an adult may serve for the same offense.
770 (2) In committing a child to the appropriate program, the
771 court may consider an equivalent program of similar intensity as
772 being comparable to a program required under subsection (1).
773 Section 18. Section 985.445, Florida Statutes, is repealed.
774 Section 19. Paragraphs (a), (b), (c), (e), and (g), of
775 subsection (5) of section 985.0301, Florida Statutes, are
776 amended to read:
777 985.0301 Jurisdiction.—
778 (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433,
779 985.435, 985.439, and 985.441, and except as provided in s. ss.
780 985.465 and 985.47 and paragraph (f), when the jurisdiction of
781 any child who is alleged to have committed a delinquent act or
782 violation of law is obtained, the court shall retain
783 jurisdiction, unless relinquished by its order, until the child
784 reaches 19 years of age, with the same power over the child that
785 the court had prior to the child becoming an adult.
786 (b) Notwithstanding ss. 743.07 and 985.455(3), and except
787 as provided in s. 985.47, the term of any order placing a child
788 in a probation program must be until the child’s 19th birthday
789 unless he or she is released by the court on the motion of an
790 interested party or on his or her own motion.
791 (c) Notwithstanding ss. 743.07 and 985.455(3), and except
792 as provided in s. 985.47, the term of the commitment must be
793 until the child is discharged by the department or until he or
794 she reaches the age of 21 years. Notwithstanding ss. 743.07,
795 985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
796 985.513, and except as provided in this section and s. 985.47, a
797 child may not be held under a commitment from a court under s.
798 985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
799 after becoming 21 years of age.
800 (e) The court may retain jurisdiction over a child
801 committed to the department for placement in an intensive
802 residential treatment program for 10-year-old to 13-year-old
803 offenders, in the residential commitment program in a juvenile
804 prison, or in a residential sex offender program, or in a
805 program for serious or habitual juvenile offenders as provided
806 in s. 985.47 or s. 985.483 until the child reaches the age of
807 21. If the court exercises this jurisdiction retention, it shall
808 do so solely for the purpose of the child completing the
809 intensive residential treatment program for 10-year-old to 13
810 year-old offenders, in the residential commitment program in a
811 juvenile prison, in a residential sex offender program, or the
812 program for serious or habitual juvenile offenders. Such
813 jurisdiction retention does not apply for other programs, other
814 purposes, or new offenses.
815 (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
816 or habitual juvenile offender shall not be held under commitment
817 from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
818 after becoming 21 years of age. This subparagraph shall apply
819 only for the purpose of completing the serious or habitual
820 juvenile offender program under this chapter and shall be used
821 solely for the purpose of treatment.
822 2. The court may retain jurisdiction over a child who has
823 been placed in a program or facility for serious or habitual
824 juvenile offenders until the child reaches the age of 21,
825 specifically for the purpose of the child completing the
826 program.
827 Section 20. Paragraph (b) of subsection (4) of section
828 985.565, Florida Statutes, is amended to read:
829 985.565 Sentencing powers; procedures; alternatives for
830 juveniles prosecuted as adults.—
831 (4) SENTENCING ALTERNATIVES.—
832 (b) Juvenile sanctions.—For juveniles transferred to adult
833 court but who do not qualify for such transfer under s.
834 985.556(3) or s. 985.557(2)(a) or (b), the court may impose
835 juvenile sanctions under this paragraph. If juvenile sentences
836 are imposed, the court shall, under this paragraph, adjudge the
837 child to have committed a delinquent act. Adjudication of
838 delinquency shall not be deemed a conviction, nor shall it
839 operate to impose any of the civil disabilities ordinarily
840 resulting from a conviction. The court shall impose an adult
841 sanction or a juvenile sanction and may not sentence the child
842 to a combination of adult and juvenile punishments. An adult
843 sanction or a juvenile sanction may include enforcement of an
844 order of restitution or probation previously ordered in any
845 juvenile proceeding. However, if the court imposes a juvenile
846 sanction and the department determines that the sanction is
847 unsuitable for the child, the department shall return custody of
848 the child to the sentencing court for further proceedings,
849 including the imposition of adult sanctions. Upon adjudicating a
850 child delinquent under subsection (1), the court may:
851 1. Place the child in a probation program under the
852 supervision of the department for an indeterminate period of
853 time until the child reaches the age of 19 years or sooner if
854 discharged by order of the court.
855 2. Commit the child to the department for treatment in an
856 appropriate program for children for an indeterminate period of
857 time until the child is 21 or sooner if discharged by the
858 department. The department shall notify the court of its intent
859 to discharge no later than 14 days prior to discharge. Failure
860 of the court to timely respond to the department’s notice shall
861 be considered approval for discharge.
862 3. Order disposition under ss. 985.435, 985.437, 985.439,
863 985.441, 985.445, 985.45, and 985.455 as an alternative to
864 youthful offender or adult sentencing if the court determines
865 not to impose youthful offender or adult sanctions.
866
867 It is the intent of the Legislature that the criteria and
868 guidelines in this subsection are mandatory and that a
869 determination of disposition under this subsection is subject to
870 the right of the child to appellate review under s. 985.534.
871 Section 21. Section 985.66, Florida Statutes, is amended to
872 read:
873 985.66 Juvenile justice training academies; staff
874 development and training; Juvenile Justice Standards and
875 Training Commission; Juvenile Justice Training Trust Fund.—
876 (1) LEGISLATIVE PURPOSE.—In order to enable the state to
877 provide a systematic approach to staff development and training
878 for judges, state attorneys, public defenders, law enforcement
879 officers, school district personnel, and juvenile justice
880 program staff that will meet the needs of such persons in their
881 discharge of duties while at the same time meeting the
882 requirements for the American Correction Association
883 accreditation by the Commission on Accreditation for
884 Corrections, it is the purpose of the Legislature to require the
885 department to establish, maintain, and oversee the operation of
886 juvenile justice training academies in the state. The purpose of
887 the Legislature in establishing staff development and training
888 programs is to foster better staff morale and reduce
889 mistreatment and aggressive and abusive behavior in delinquency
890 programs; to positively impact the recidivism of children in the
891 juvenile justice system; and to afford greater protection of the
892 public through an improved level of services delivered by a
893 professionally trained juvenile justice program staff to
894 children who are alleged to be or who have been found to be
895 delinquent.
896 (2) STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
897 TRAINING COMMISSION.—
898 (a) There is created under the Department of Juvenile
899 Justice the Juvenile Justice Standards and Training Commission,
900 hereinafter referred to as the commission. The 17-member
901 commission shall consist of the Attorney General or designee,
902 the Commissioner of Education or designee, a member of the
903 juvenile court judiciary to be appointed by the Chief Justice of
904 the Supreme Court, and 14 members to be appointed by the
905 Secretary of Juvenile Justice as follows:
906 1. Seven members shall be juvenile justice professionals: a
907 superintendent or a direct care staff member from an
908 institution; a director from a contracted community-based
909 program; a superintendent and a direct care staff member from a
910 regional detention center or facility; a juvenile probation
911 officer supervisor and a juvenile probation officer; and a
912 director of a day treatment or conditional release program. No
913 fewer than three of these members shall be contract providers.
914 2. Two members shall be representatives of local law
915 enforcement agencies.
916 3. One member shall be an educator from the state’s
917 university and community college program of criminology,
918 criminal justice administration, social work, psychology,
919 sociology, or other field of study pertinent to the training of
920 juvenile justice program staff.
921 4. One member shall be a member of the public.
922 5. One member shall be a state attorney, or assistant state
923 attorney, who has juvenile court experience.
924 6. One member shall be a public defender, or assistant
925 public defender, who has juvenile court experience.
926 7. One member shall be a representative of the business
927 community.
928
929 All appointed members shall be appointed to serve terms of 2
930 years.
931 (b) The composition of the commission shall be broadly
932 reflective of the public and shall include minorities and women.
933 The term “minorities” as used in this paragraph means a member
934 of a socially or economically disadvantaged group that includes
935 blacks, Hispanics, and American Indians.
936 (c) The Department of Juvenile Justice shall provide the
937 commission with staff necessary to assist the commission in the
938 performance of its duties.
939 (d) The commission shall annually elect its chairperson and
940 other officers. The commission shall hold at least four regular
941 meetings each year at the call of the chairperson or upon the
942 written request of three members of the commission. A majority
943 of the members of the commission constitutes a quorum. Members
944 of the commission shall serve without compensation but are
945 entitled to be reimbursed for per diem and travel expenses as
946 provided by s. 112.061 and these expenses shall be paid from the
947 Juvenile Justice Training Trust Fund.
948 (e) The department powers, duties, and functions of the
949 commission shall be to:
950 (a)1. Designate the location of the training academies;
951 develop, implement, maintain, and update the curriculum to be
952 used in the training of juvenile justice program staff;
953 establish timeframes for participation in and completion of
954 training by juvenile justice program staff; develop, implement,
955 maintain, and update job-related examinations; develop,
956 implement, and update the types and frequencies of evaluations
957 of the training academies; approve, modify, or disapprove the
958 budget for the training academies, and the contractor to be
959 selected to organize and operate the training academies and to
960 provide the training curriculum.
961 (b)2. Establish uniform minimum job-related training
962 courses and examinations for juvenile justice program staff.
963 (c)3. Consult and cooperate with the state or any political
964 subdivision; any private entity or contractor; and with private
965 and public universities, colleges, community colleges, and other
966 educational institutions concerning the development of juvenile
967 justice training and programs or courses of instruction,
968 including, but not limited to, education and training in the
969 areas of juvenile justice.
970 (d)4. Enter into With the approval of the department, make
971 and enter into such contracts and agreements with other
972 agencies, organizations, associations, corporations,
973 individuals, or federal agencies as the commission determines
974 are necessary in the execution of the its powers of the
975 department or the performance of its duties.
976 5. Make recommendations to the Department of Juvenile
977 Justice concerning any matter within the purview of this
978 section.
979 (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
980 commission shall establish a certifiable program for juvenile
981 justice training pursuant to this section, and all department
982 program staff and providers who deliver direct care services
983 pursuant to contract with the department shall be required to
984 participate in and successfully complete the department-approved
985 commission-approved program of training pertinent to their areas
986 of responsibility. Judges, state attorneys, and public
987 defenders, law enforcement officers, and school district
988 personnel may participate in such training program. For the
989 juvenile justice program staff, the department commission shall,
990 based on a job-task analysis:
991 (a) Design, implement, maintain, evaluate, and revise a
992 basic training program, including a competency-based
993 examination, for the purpose of providing minimum employment
994 training qualifications for all juvenile justice personnel. All
995 program staff of the department and providers who deliver
996 direct-care services who are hired after October 1, 1999, must
997 meet the following minimum requirements:
998 1. Be at least 19 years of age.
999 2. Be a high school graduate or its equivalent as
1000 determined by the department commission.
1001 3. Not have been convicted of any felony or a misdemeanor
1002 involving perjury or a false statement, or have received a
1003 dishonorable discharge from any of the Armed Forces of the
1004 United States. Any person who, after September 30, 1999, pleads
1005 guilty or nolo contendere to or is found guilty of any felony or
1006 a misdemeanor involving perjury or false statement is not
1007 eligible for employment, notwithstanding suspension of sentence
1008 or withholding of adjudication. Notwithstanding this
1009 subparagraph, any person who pled nolo contendere to a
1010 misdemeanor involving a false statement before October 1, 1999,
1011 and who has had such record of that plea sealed or expunged is
1012 not ineligible for employment for that reason.
1013 4. Abide by all the provisions of s. 985.644(1) regarding
1014 fingerprinting and background investigations and other screening
1015 requirements for personnel.
1016 5. Execute and submit to the department an affidavit-of
1017 application form, adopted by the department, attesting to his or
1018 her compliance with subparagraphs 1.-4. The affidavit must be
1019 executed under oath and constitutes an official statement under
1020 s. 837.06. The affidavit must include conspicuous language that
1021 the intentional false execution of the affidavit constitutes a
1022 misdemeanor of the second degree. The employing agency shall
1023 retain the affidavit.
1024 (b) Design, implement, maintain, evaluate, and revise an
1025 advanced training program, including a competency-based
1026 examination for each training course, which is intended to
1027 enhance knowledge, skills, and abilities related to job
1028 performance.
1029 (c) Design, implement, maintain, evaluate, and revise a
1030 career development training program, including a competency
1031 based examination for each training course. Career development
1032 courses are intended to prepare personnel for promotion.
1033 (d) The department commission is encouraged to design,
1034 implement, maintain, evaluate, and revise juvenile justice
1035 training courses, or to enter into contracts for such training
1036 courses, that are intended to provide for the safety and well
1037 being of both citizens and juvenile offenders.
1038 (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
1039 (a) There is created within the State Treasury a Juvenile
1040 Justice Training Trust Fund to be used by the department of
1041 Juvenile Justice for the purpose of funding the development and
1042 updating of a job-task analysis of juvenile justice personnel;
1043 the development, implementation, and updating of job-related
1044 training courses and examinations; and the cost of commission
1045 approved juvenile justice training courses; and reimbursement
1046 for expenses as provided in s. 112.061 for members of the
1047 commission and staff.
1048 (b) One dollar from every noncriminal traffic infraction
1049 collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
1050 deposited into the Juvenile Justice Training Trust Fund.
1051 (c) In addition to the funds generated by paragraph (b),
1052 the trust fund may receive funds from any other public or
1053 private source.
1054 (d) Funds that are not expended by the end of the budget
1055 cycle or through a supplemental budget approved by the
1056 department shall revert to the trust fund.
1057 (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
1058 The number, location, and establishment of juvenile justice
1059 training academies shall be determined by the department
1060 commission.
1061 (6) SCHOLARSHIPS AND STIPENDS.—
1062 (a) By rule, the department commission shall establish
1063 criteria to award scholarships or stipends to qualified juvenile
1064 justice personnel who are residents of the state who want to
1065 pursue a bachelor’s or associate in arts degree in juvenile
1066 justice or a related field. The department shall handle the
1067 administration of the scholarship or stipend. The Department of
1068 Education shall handle the notes issued for the payment of the
1069 scholarships or stipends. All scholarship and stipend awards
1070 shall be paid from the Juvenile Justice Training Trust Fund upon
1071 vouchers approved by the Department of Education and properly
1072 certified by the Chief Financial Officer. Prior to the award of
1073 a scholarship or stipend, the juvenile justice employee must
1074 agree in writing to practice her or his profession in juvenile
1075 justice or a related field for 1 month for each month of grant
1076 or to repay the full amount of the scholarship or stipend
1077 together with interest at the rate of 5 percent per annum over a
1078 period not to exceed 10 years. Repayment shall be made payable
1079 to the state for deposit into the Juvenile Justice Training
1080 Trust Fund.
1081 (b) The department commission may establish the scholarship
1082 program by rule and implement the program on or after July 1,
1083 1996.
1084 (7) ADOPTION OF RULES.—The department commission shall
1085 adopt rules as necessary to carry out the provisions of this
1086 section.
1087 (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
1088 MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
1089 Risk Management of the Department of Financial Services is
1090 authorized to insure a private agency, individual, or
1091 corporation operating a state-owned training school under a
1092 contract to carry out the purposes and responsibilities of any
1093 program of the department. The coverage authorized herein shall
1094 be under the same general terms and conditions as the department
1095 is insured for its responsibilities under chapter 284.
1096 (9) The Juvenile Justice Standards and Training Commission
1097 is terminated on June 30, 2001, and such termination shall be
1098 reviewed by the Legislature prior to that date.
1099 Section 22. Subsection (8) of section 985.48, Florida
1100 Statutes, is repealed.
1101 Section 23. Subsection (1) of section 984.14, Florida
1102 Statutes, is amended to read:
1103 984.14 Shelter placement; hearing.—
1104 (1) Unless ordered by the court pursuant to the provisions
1105 of this chapter, or upon voluntary consent to placement by the
1106 child and the child’s parent, legal guardian, or custodian, a
1107 child taken into custody may shall not be placed in a shelter
1108 prior to a court hearing unless a determination has been made
1109 that the provision of appropriate and available services will
1110 not eliminate the need for placement and that such placement is
1111 required:
1112 (a) To provide an opportunity for the child and family to
1113 agree upon conditions for the child’s return home, when
1114 immediate placement in the home would result in a substantial
1115 likelihood that the child and family would not reach an
1116 agreement; or
1117 (b) Because a parent, custodian, or guardian is unavailable
1118 to take immediate custody of the child.
1119 Section 24. Paragraph (a) of subsection (3) of section
1120 985.14, Florida Statutes, is amended to read:
1121 985.14 Intake and case management system.—
1122 (3) The intake and case management system shall facilitate
1123 consistency in the recommended placement of each child, and in
1124 the assessment, classification, and placement process, with the
1125 following purposes:
1126 (a) An individualized, multidisciplinary assessment process
1127 that identifies the priority needs of each individual child for
1128 rehabilitation and treatment and identifies any needs of the
1129 child’s parents or guardians for services that would enhance
1130 their ability to provide adequate support, guidance, and
1131 supervision for the child. This process shall begin with the
1132 detention risk assessment instrument and decision, shall include
1133 the intake preliminary screening and comprehensive assessment
1134 for substance abuse treatment services, mental health services,
1135 retardation services, literacy services, and other educational
1136 and treatment services as components, additional assessment of
1137 the child’s treatment needs, and classification regarding the
1138 child’s risks to the community and, for a serious or habitual
1139 delinquent child, shall include the assessment for placement in
1140 a serious or habitual delinquent children program under s.
1141 985.47. The completed multidisciplinary assessment process shall
1142 result in the predisposition report.
1143 Section 25. For the purpose of incorporating the amendment
1144 made by this act to section 984.14, Florida Statutes, in a
1145 reference thereto, subsection (3) of section 984.13, Florida
1146 Statutes, is reenacted to read:
1147 984.13 Taking into custody a child alleged to be from a
1148 family in need of services or to be a child in need of
1149 services.—
1150 (3) If the child is taken into custody by, or is delivered
1151 to, the department, the appropriate representative of the
1152 department shall review the facts and make such further inquiry
1153 as necessary to determine whether the child shall remain in
1154 custody or be released. Unless shelter is required as provided
1155 in s. 984.14(1), the department shall:
1156 (a) Release the child to his or her parent, guardian, or
1157 legal custodian, to a responsible adult relative, to a
1158 responsible adult approved by the department, or to a
1159 department-approved family-in-need-of-services and child-in
1160 need-of-services provider; or
1161 (b) Authorize temporary services and treatment that would
1162 allow the child alleged to be from a family in need of services
1163 to remain at home.
1164 Section 26. This act shall take effect July 1, 2011.
1165
1166 ================= T I T L E A M E N D M E N T ================
1167 And the title is amended as follows:
1168
1169 Delete everything before the enacting clause
1170 and insert:
1171 A bill to be entitled
1172 An act relating to juvenile justice; amending s.
1173 394.492, F.S.; including children 9 years of age or
1174 younger at the time of referral for a delinquent act
1175 within the definition of those children who are
1176 eligible to receive comprehensive mental health
1177 services; amending s. 985.02, F.S.; revising
1178 legislative intent for the juvenile justice system;
1179 amending s. 985.125, F.S.; encouraging law enforcement
1180 agencies, school districts, counties, municipalities,
1181 and the Department of Juvenile Justice to establish
1182 prearrest or postarrest diversion programs and to give
1183 first-time misdemeanor offenders and offenders who are
1184 9 years of age or younger an opportunity to
1185 participate in the programs; amending s. 985.145,
1186 F.S.; requiring a juvenile probation officer to make a
1187 referral to the appropriate shelter if the completed
1188 risk assessment instrument shows that the child is
1189 ineligible for secure detention; amending s. 985.24,
1190 F.S.; prohibiting a child alleged to have committed a
1191 delinquent act or violation of law from being placed
1192 into secure, nonsecure, or home detention care because
1193 of a misdemeanor charge of domestic violence if the
1194 child lives in a family that has a history of family
1195 violence or if the child is a victim of abuse or
1196 neglect unless the child would otherwise be subject to
1197 secure detention based on prior history; prohibiting a
1198 child 9 years of age or younger from being placed into
1199 secure detention care unless the child is charged with
1200 a capital felony, a life felony, or a felony of the
1201 first degree; amending s. 985.245, F.S.; revising the
1202 development process for the risk assessment
1203 instrument; revising factors to be considered in
1204 assessing a child’s risk of rearrest or failure to
1205 appear; amending s. 985.255, F.S.; providing that a
1206 child may be placed in home detention care or detained
1207 in secure detention care under certain circumstances;
1208 providing that a child who is charged with committing
1209 a felony offense of domestic violence and who does not
1210 meet detention criteria may nevertheless be held in
1211 secure detention care if the court makes certain
1212 specific written findings; amending s. 985.441, F.S.;
1213 removing obsolete provisions relating to committing a
1214 child to a program or facility for serious or habitual
1215 juvenile offenders; authorizing a court to commit a
1216 female child adjudicated as delinquent to the
1217 department for placement in a mother-infant program
1218 designed to serve the needs of juvenile mothers or
1219 expectant juvenile mothers who are committed as
1220 delinquents; amending s. 985.45, F.S.; providing that
1221 whenever a child is required by the court to
1222 participate in any juvenile justice work program, the
1223 child is considered an employee of the state for the
1224 purpose of workers’ compensation; amending s. 985.632,
1225 F.S.; establishing legislative intent that the
1226 Department of Juvenile Justice collect and analyze
1227 available statistical data for the purpose of ongoing
1228 evaluation of all juvenile justice programs;
1229 redefining terms; requiring the department to use a
1230 standard methodology to annually measure, evaluate,
1231 and report program outputs and youth outcomes for each
1232 program and program group; requiring that the
1233 department submit an annual report to the appropriate
1234 committees of the Legislature and the Governor;
1235 requiring that the department notify specified parties
1236 of substantive changes to the standard methodology
1237 used in its evaluation; requiring that the department
1238 apply a program accountability measures analysis to
1239 each commitment program; deleting obsolete provisions;
1240 repealing ss. 985.03(48), 985.03(56), 985.47, 985.483,
1241 985.486, and 985.636, F.S., relating to, respectively,
1242 legislative intent for serious or habitual juvenile
1243 offenders in the juvenile justice system, definitions
1244 of terms for a training school and the serious or
1245 habitual juvenile offender program, the serious or
1246 habitual juvenile offender program in the juvenile
1247 justice system, the intensive residential treatment
1248 program for offenders less than 13 years of age, and
1249 the designation of persons holding law enforcement
1250 certification within the Office of the Inspector
1251 General to act as law enforcement officers; amending
1252 s. 985.494, F.S.; requiring a child who is adjudicated
1253 delinquent, or for whom adjudication is withheld, to
1254 be committed to a maximum-risk residential program for
1255 an act that would be a felony if committed by an adult
1256 if the child has completed two different high-risk
1257 residential commitment programs; repealing s. 985.445,
1258 F.S., relating to cases involving grand theft of a
1259 motor vehicle committed by a child; amending ss.
1260 985.0301, and 985.565, F.S.; conforming references to
1261 changes made by the act; amending s. 985.66, F.S.;
1262 removing all references to the Juvenile Justice
1263 Standards and Training Commission; requiring the
1264 Department of Juvenile Justice to be responsible for
1265 staff development and training; specifying the duties
1266 and responsibilities of the department for staff
1267 development; removing obsolete provisions to conform
1268 to changes made by the act; repealing s. 985.48(8),
1269 F.S., relating to activities of the Juvenile Justice
1270 Standards and Training Commission with respect to
1271 training and treatment services for juvenile sexual
1272 offenders; amending ss. 984.14 and 985.14, F.S.;
1273 revising provisions to conform to changes made by the
1274 act; reenacting s. 914.13(3), F.S., relating to taking
1275 a child into custody allegedly from a family or a
1276 child in need of services, to incorporate the
1277 amendments made to s. 984.14, F.S., in a reference
1278 thereto; providing an effective date.