CS/HB 333

1	A bill to be entitled
2	An act relating to community-based juvenile justice;
3	creating s. 985.665, F.S.; requiring the Department of
4	Juvenile Justice to establish community-based juvenile
5	justice pilot programs in specified judicial circuits;
6	providing the purpose of the pilot programs; requiring the
7	department to contract with specified entities to serve as
8	the regional coordinating agency for each pilot program;
9	providing contract requirements; requiring the department
10	to award contracts in accordance with s. 287.057, F.S., to
11	entities that meet specified requirements; requiring the
12	department to establish a quality assurance program;
13	requiring the department to establish minimum thresholds
14	for services provided by the pilot program; requiring the
15	department to ensure pilot program services are delivered
16	in accordance with state and federal laws and regulations;
17	requiring the department to annually evaluate regional
18	coordinating agencies; requiring the department to
19	establish and operate a system to measure and annually
20	report specified information and make recommendations to
21	specified entities; providing that the department retains
22	responsibility for the quality of the pilot program
23	services; requiring the regional coordinating agency to
24	comply with statutes and regulations when providing
25	contractual services; requiring regional coordinating
26	agencies to contract with providers who meet specified
27	requirements; specifying that regional coordinating
28	agencies and contracted providers will be treated as the
29	state and its agencies and subdivisions for sovereign
30	immunity purposes; requiring the department to annually
31	submit a report to specified entities regarding quality
32	performance, outcome measure attainment, and cost
33	efficiency for each pilot program; providing for
34	inapplicability of specified provisions to existing
35	contracts; providing an effective date.
36
37	WHEREAS, 94 percent of Florida youth grow up to be
38	productive citizens, but the 6 percent of Florida youth that
39	become delinquent cost the state of Florida an average of $5,200
40	per child annually according to 2008 statistics, and
41	WHEREAS, according to national studies, 27 percent of
42	abused or neglected children become delinquent, and
43	WHEREAS, one of the most effective ways to reduce
44	delinquency is to prevent child abuse, abandonment, and neglect,
45	and
46	WHEREAS, Florida's juvenile commitment programs have a 39
47	percent recidivism rate within 1 year, and
48	WHEREAS, the Department of Juvenile Justice shows that 59
49	percent of the juveniles being rearrested offend within 120 days
50	after being released, revealing a critical transition period
51	currently not being addressed, and
52	WHEREAS, the State of Washington undertook a study which
53	demonstrated that a significant level of future prison
54	construction can be avoided, taxpayer dollars can be saved, and
55	crime rates can be reduced by a portfolio of evidence-based
56	youth service options, and
57	WHEREAS, it has been proven that at-risk youth benefit from
58	a comprehensive approach through coordination of intensive
59	prevention, diversion, and family services, and
60	WHEREAS, local management fosters all these approaches,
61	ensures stronger relationships between providers and the family,
62	and allows providers to assist in strengthening relationships
63	between the child and the family, and
64	WHEREAS, instead of competing for funding, prevention,
65	diversion, and juvenile justice services should cooperate with
66	the goal of keeping youth out of juvenile detention, NOW,
67	THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Section 985.665, Florida Statutes, is created
72	to read:
73	985.665  Community-based juvenile justice; pilot program.-
74	(1)  The department is directed to establish community-
75	based juvenile justice pilot programs in the 2nd, 6th, and 11th
76	judicial circuits. Each pilot program must be established during
77	the 2011-2012 fiscal year and must operate for 2 years. The
78	purpose of the programs is to:
79	(a)  Provide local communities the flexibility to assess
80	and more readily address juvenile justice needs.
81	(b)  Provide juveniles a continuum of services that are
82	located in the juveniles' home communities and managed by a
83	regional coordinating agency.
84	(c)  Provide enhanced juvenile justice service
85	coordination.
86	(d)  Promote greater involvement and engagement by a
87	juvenile's family and community.
88	(e)  Result in better outcomes for juveniles and provide
89	significant economic and operational efficiencies.
90	(2)(a)  By December 1, 2011, the department shall contract
91	with a nonprofit or county government agency to serve as the
92	regional coordinating agency for each pilot program. The
93	contract shall:
94	1.  Require the regional coordinating agency to provide, or
95	contract with community-based service providers to provide, the
96	full continuum of juvenile justice services in the judicial
97	circuit in which the pilot program is located. These services
98	include, but are not limited to, prevention services,
99	intervention services, assessment centers, diversion programs,
100	civil citation programs, alternatives to detention, community-
101	based treatment programs, probation services, detention
102	services, home detention, day treatment, independent living,
103	evidence-based programs, and residential programs.
104	2.  Require the regional coordinating agency to administer
105	and manage the full continuum of juvenile justice services in
106	the judicial circuit in which the pilot program is located.
107	3.  Require the department to transfer all funding
108	associated with the administration and provision of services
109	described in subparagraph 1. to the regional coordinating
110	agency, less those funds the department needs to provide and
111	coordinate management of quality assurance and oversight.
112	4.  Require the regional coordinating agency to thoroughly
113	analyze and report to the department the complete direct and
114	indirect costs of administering and providing the services
115	described in subparagraph 1.
116	(b)  The department shall award each contract in accordance
117	with the competitive bidding requirements in s. 287.057 to a
118	nonprofit or county government agency that:
119	1.  Is located within the judicial circuit being served by
120	the pilot program.
121	2.  Possesses the organizational infrastructure and
122	financial capacity to administer and provide the services
123	described in subparagraph (a)1.
124	3.  Can ensure continuity of care from entry to exit for
125	all juveniles referred by law enforcement agencies, the court
126	system, and other referral sources.
127	4.  Has the ability to contract with local providers to
128	create a network of juvenile justice services.
129	5.  Can ensure that each individual who provides juvenile
130	justice services has successfully completed any training
131	required by the department.
132	6.  Is willing to accept accountability for meeting the
133	outcomes and performance standards related to juvenile justice
134	established by the Legislature and the Federal Government.
135	7.  Has a board of directors, of which at least 75 percent
136	of the membership is comprised of persons residing within the
137	judicial circuit being served by the pilot program.
138	(3)  The department shall:
139	(a)  In partnership with an objective, competent entity,
140	establish a quality assurance program. The quality assurance
141	program must include national standards for each specific
142	component of services that are part of a regional coordinating
143	agency's continuum of juvenile justice services.
144	(b)  In consultation with the regional coordinating agency,
145	establish minimum thresholds for each of the services that are
146	part of the agency's juvenile justice service continuum.
147	(c)  Ensure that regional coordinating agencies and the
148	local providers who contract with regional coordinating agencies
149	deliver services in accordance with applicable federal and state
150	laws and regulations.
151	(d)  Annually evaluate each regional coordinating agency
152	using the provisions of the quality assurance program.
153	(e)  Establish and operate a comprehensive system to
154	measure and report annually the outcomes and effectiveness of
155	the services described in subparagraph (2)(a)1. The department
156	shall use these findings in making recommendations to the
157	Governor and the Legislature for future program and funding
158	priorities in the juvenile justice system.
159	(f)  Retain responsibility for the quality of the services
160	that are part of a regional coordinating agency's juvenile
161	justice service continuum.
162	(4)  The regional coordinating agency must comply with
163	statutory requirements and department regulations in the
164	provision of contractual services. Each regional coordinating
165	agency must contract with providers meeting the current
166	department standards under this chapter.
167	(5)  With respect to the treatment of juvenile offenders
168	under this section, regional coordinating agencies and local
169	providers who contract with regional coordinating agencies shall
170	be treated as the state and its agencies and subdivisions for
171	liability purposes under s. 768.28.
172	(6)  No later than January 31 of each year, beginning in
173	2013, the department shall submit a report regarding quality
174	performance, outcome measure attainment, and cost efficiency for
175	each pilot program in operation during the preceding fiscal year
176	to the President of the Senate, the Speaker of the House of
177	Representatives, and the Governor.
178	Section 2.  Section 985.665(2), Florida Statutes, as
179	created by this act, does not affect the right of the Department
180	of Juvenile Justice to maintain any statewide contract with a
181	provider in existence on the effective date of this act.
182	Section 3.  This act shall take effect July 1, 2011.

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