CS/HB 4157

1	A bill to be entitled
2	An act relating to juvenile justice; repealing ss.
3	985.02(5), 985.03(48), 985.03(56), 985.47, 985.483,
4	985.486, and 985.636, F.S., relating to, respectively,
5	legislative intent for serious or habitual juvenile
6	offenders in the juvenile justice system, definitions of
7	terms for a training school and the serious or habitual
8	juvenile offender program, the serious or habitual
9	juvenile offender program in the juvenile justice system,
10	the intensive residential treatment program for offenders
11	less than 13 years of age, and the designation of persons
12	holding law enforcement certification within the Office of
13	the Inspector General to act as law enforcement officers;
14	amending s. 985.494, F.S.; requiring a child who is
15	adjudicated delinquent, or for whom adjudication is
16	withheld, to be committed to a maximum-risk residential
17	program for an act that would be a felony if committed by
18	an adult if the child has completed two different high-
19	risk residential commitment programs; repealing s.
20	985.445, F.S., relating to cases involving grand theft of
21	a motor vehicle committed by a child; amending ss.
22	985.0301, 985.14, 985.441, and 985.565, F.S.; conforming
23	references to changes made by the act; amending s. 985.66,
24	F.S.; removing all references to the Juvenile Justice
25	Standards and Training Commission; requiring the
26	Department of Juvenile Justice to be responsible for staff
27	development and training; specifying the duties and
28	responsibilities of the department for staff development
29	and training; removing obsolete provisions to conform to
30	changes made by the act; repealing s. 985.48(8), F.S.,
31	relating to activities of the Juvenile Justice Standards
32	and Training Commission with respect to training and
33	treatment services for juvenile sexual offenders;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsection (5) of section 985.02, Florida
39	Statutes, is repealed.
40	Section 2.  Subsection (48) of section 985.03, Florida
41	Statutes, is repealed.
42	Section 3.  Subsection (56) of section 985.03, Florida
43	Statutes, is repealed.
44	Section 4.  Section 985.47, Florida Statutes, is repealed.
45	Section 5.  Section 985.483, Florida Statutes, is repealed.
46	Section 6.  Section 985.486, Florida Statutes, is repealed.
47	Section 7.  Section 985.636, Florida Statutes, is repealed.
48	Section 8.  Section 985.494, Florida Statutes, is amended
49	to read:
50	985.494  Commitment programs for juvenile felony
51	offenders.-
52	(1)  Notwithstanding any other law and regardless of the
53	child's age, a child who is adjudicated delinquent, or for whom
54	adjudication is withheld, for an act that would be a felony if
55	committed by an adult, shall be committed to:
56	(a)  A program for serious or habitual juvenile offenders
57	under s. 985.47 or an intensive residential treatment program
58	for offenders less than 13 years of age under s. 985.483, if the
59	child has participated in an early delinquency intervention
60	program and has completed a sheriff's training and respect
61	program.
62	(b)  a maximum-risk residential program, if the child has
63	completed two different high-risk residential commitment
64	programs participated in an early delinquency intervention
65	program, has completed a sheriff's training and respect program,
66	and has completed a program for serious or habitual juvenile
67	offenders or an intensive residential treatment program for
68	offenders less than 13 years of age. The commitment of a child
69	to a maximum-risk residential program must be for an
70	indeterminate period, but may not exceed the maximum term of
71	imprisonment that an adult may serve for the same offense.
72	(2)  In committing a child to the appropriate program, the
73	court may consider an equivalent program of similar intensity as
74	being comparable to a program required under subsection (1).
75	Section 9.  Section 985.445, Florida Statutes, is repealed.
76	Section 10.  Paragraphs (a), (b), (c), (e), and (g) of
77	subsection (5) of section 985.0301, Florida Statutes, are
78	amended to read:
79	985.0301  Jurisdiction.-
80	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
81	985.435, 985.439, and 985.441, and except as provided in ss.
82	985.465 and 985.47 and paragraph (f), when the jurisdiction of
83	any child who is alleged to have committed a delinquent act or
84	violation of law is obtained, the court shall retain
85	jurisdiction, unless relinquished by its order, until the child
86	reaches 19 years of age, with the same power over the child that
87	the court had prior to the child becoming an adult.
88	(b)  Notwithstanding ss. 743.07 and 985.455(3), and except
89	as provided in s. 985.47, the term of any order placing a child
90	in a probation program must be until the child's 19th birthday
91	unless he or she is released by the court on the motion of an
92	interested party or on his or her own motion.
93	(c)  Notwithstanding ss. 743.07 and 985.455(3), and except
94	as provided in s. 985.47, the term of the commitment must be
95	until the child is discharged by the department or until he or
96	she reaches the age of 21 years. Notwithstanding ss. 743.07,
97	985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
98	985.513, and except as provided in this section and s. 985.47, a
99	child may not be held under a commitment from a court under s.
100	985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
101	after becoming 21 years of age.
102	(e)  The court may retain jurisdiction over a child
103	committed to the department for placement in an intensive
104	residential treatment program for 10-year-old to 13-year-old
105	offenders, in the residential commitment program in a juvenile
106	prison, or in a residential sex offender program, or in a
107	program for serious or habitual juvenile offenders as provided
108	in s. 985.47 or s. 985.483 until the child reaches the age of
109	21. If the court exercises this jurisdiction retention, it shall
110	do so solely for the purpose of the child completing the
111	intensive residential treatment program for 10-year-old to 13-
112	year-old offenders, in the residential commitment program in a
113	juvenile prison, in a residential sex offender program, or the
114	program for serious or habitual juvenile offenders. Such
115	jurisdiction retention does not apply for other programs, other
116	purposes, or new offenses.
117	(g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious
118	or habitual juvenile offender shall not be held under commitment
119	from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
120	after becoming 21 years of age. This subparagraph shall apply
121	only for the purpose of completing the serious or habitual
122	juvenile offender program under this chapter and shall be used
123	solely for the purpose of treatment.
124	2.  The court may retain jurisdiction over a child who has
125	been placed in a program or facility for serious or habitual
126	juvenile offenders until the child reaches the age of 21,
127	specifically for the purpose of the child completing the
128	program.
129	Section 11.  Paragraph (a) of subsection (3) of section
130	985.14, Florida Statutes, is amended to read:
131	985.14  Intake and case management system.-
132	(3)  The intake and case management system shall facilitate
133	consistency in the recommended placement of each child, and in
134	the assessment, classification, and placement process, with the
135	following purposes:
136	(a)  An individualized, multidisciplinary assessment
137	process that identifies the priority needs of each individual
138	child for rehabilitation and treatment and identifies any needs
139	of the child's parents or guardians for services that would
140	enhance their ability to provide adequate support, guidance, and
141	supervision for the child. This process shall begin with the
142	detention risk assessment instrument and decision, shall include
143	the intake preliminary screening and comprehensive assessment
144	for substance abuse treatment services, mental health services,
145	retardation services, literacy services, and other educational
146	and treatment services as components, additional assessment of
147	the child's treatment needs, and classification regarding the
148	child's risks to the community and, for a serious or habitual
149	delinquent child, shall include the assessment for placement in
150	a serious or habitual delinquent children program under s.
151	985.47. The completed multidisciplinary assessment process shall
152	result in the predisposition report.
153	Section 12.  Paragraphs (c) and (d) of subsection (1) of
154	section 985.441, Florida Statutes, are amended to read:
155	985.441  Commitment.-
156	(1)  The court that has jurisdiction of an adjudicated
157	delinquent child may, by an order stating the facts upon which a
158	determination of a sanction and rehabilitative program was made
159	at the disposition hearing:
160	(c)  Commit the child to the department for placement in a
161	program or facility for serious or habitual juvenile offenders
162	in accordance with s. 985.47.
163	1.  Following a delinquency adjudicatory hearing under s.
164	985.35 and a delinquency disposition hearing under s. 985.433
165	that results in a commitment determination, the court shall, on
166	its own or upon request by the state or the department,
167	determine whether the protection of the public requires that the
168	child be placed in a program for serious or habitual juvenile
169	offenders and whether the particular needs of the child would be
170	best served by a program for serious or habitual juvenile
171	offenders as provided in s. 985.47. The determination shall be
172	made under ss. 985.47(1) and 985.433(7).
173	2.  Any commitment of a child to a program or facility for
174	serious or habitual juvenile offenders must be for an
175	indeterminate period of time, but the time may not exceed the
176	maximum term of imprisonment that an adult may serve for the
177	same offense.
178	(c)(d)  Commit the child to the department for placement in
179	a program or facility for juvenile sexual offenders in
180	accordance with s. 985.48, subject to specific appropriation for
181	such a program or facility.
182	1.  The child may only be committed for such placement
183	pursuant to determination that the child is a juvenile sexual
184	offender under the criteria specified in s. 985.475.
185	2.  Any commitment of a juvenile sexual offender to a
186	program or facility for juvenile sexual offenders must be for an
187	indeterminate period of time, but the time may not exceed the
188	maximum term of imprisonment that an adult may serve for the
189	same offense.
190	Section 13.  Paragraph (b) of subsection (4) of section
191	985.565, Florida Statutes, is amended to read:
192	985.565  Sentencing powers; procedures; alternatives for
193	juveniles prosecuted as adults.-
194	(4)  SENTENCING ALTERNATIVES.-
195	(b)  Juvenile sanctions.-For juveniles transferred to adult
196	court but who do not qualify for such transfer under s.
197	985.556(3) or s. 985.557(2)(a) or (b), the court may impose
198	juvenile sanctions under this paragraph. If juvenile sentences
199	are imposed, the court shall, under this paragraph, adjudge the
200	child to have committed a delinquent act. Adjudication of
201	delinquency shall not be deemed a conviction, nor shall it
202	operate to impose any of the civil disabilities ordinarily
203	resulting from a conviction. The court shall impose an adult
204	sanction or a juvenile sanction and may not sentence the child
205	to a combination of adult and juvenile punishments. An adult
206	sanction or a juvenile sanction may include enforcement of an
207	order of restitution or probation previously ordered in any
208	juvenile proceeding. However, if the court imposes a juvenile
209	sanction and the department determines that the sanction is
210	unsuitable for the child, the department shall return custody of
211	the child to the sentencing court for further proceedings,
212	including the imposition of adult sanctions. Upon adjudicating a
213	child delinquent under subsection (1), the court may:
214	1.  Place the child in a probation program under the
215	supervision of the department for an indeterminate period of
216	time until the child reaches the age of 19 years or sooner if
217	discharged by order of the court.
218	2.  Commit the child to the department for treatment in an
219	appropriate program for children for an indeterminate period of
220	time until the child is 21 or sooner if discharged by the
221	department. The department shall notify the court of its intent
222	to discharge no later than 14 days prior to discharge. Failure
223	of the court to timely respond to the department's notice shall
224	be considered approval for discharge.
225	3.  Order disposition under ss. 985.435, 985.437, 985.439,
226	985.441, 985.445, 985.45, and 985.455 as an alternative to
227	youthful offender or adult sentencing if the court determines
228	not to impose youthful offender or adult sanctions.
229
230	It is the intent of the Legislature that the criteria and
231	guidelines in this subsection are mandatory and that a
232	determination of disposition under this subsection is subject to
233	the right of the child to appellate review under s. 985.534.
234	Section 14.  Section 985.66, Florida Statutes, is amended
235	to read:
236	985.66  Juvenile justice training academies; staff
237	development and training; Juvenile Justice Standards and
238	Training Commission; Juvenile Justice Training Trust Fund.-
239	(1)  LEGISLATIVE PURPOSE.-In order to enable the state to
240	provide a systematic approach to staff development and training
241	for judges, state attorneys, public defenders, law enforcement
242	officers, school district personnel, and juvenile justice
243	program staff that will meet the needs of such persons in their
244	discharge of duties while at the same time meeting the
245	requirements for the American Correction Association
246	accreditation by the Commission on Accreditation for
247	Corrections, it is the purpose of the Legislature to require the
248	department to establish, maintain, and oversee the operation of
249	juvenile justice training academies in the state. The purpose of
250	the Legislature in establishing staff development and training
251	programs is to foster better staff morale and reduce
252	mistreatment and aggressive and abusive behavior in delinquency
253	programs; to positively impact the recidivism of children in the
254	juvenile justice system; and to afford greater protection of the
255	public through an improved level of services delivered by a
256	professionally trained juvenile justice program staff to
257	children who are alleged to be or who have been found to be
258	delinquent.
259	(2)  STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
260	TRAINING COMMISSION.-
261	(a)  There is created under the Department of Juvenile
262	Justice the Juvenile Justice Standards and Training Commission,
263	hereinafter referred to as the commission. The 17-member
264	commission shall consist of the Attorney General or designee,
265	the Commissioner of Education or designee, a member of the
266	juvenile court judiciary to be appointed by the Chief Justice of
267	the Supreme Court, and 14 members to be appointed by the
268	Secretary of Juvenile Justice as follows:
269	1.  Seven members shall be juvenile justice professionals:
270	a superintendent or a direct care staff member from an
271	institution; a director from a contracted community-based
272	program; a superintendent and a direct care staff member from a
273	regional detention center or facility; a juvenile probation
274	officer supervisor and a juvenile probation officer; and a
275	director of a day treatment or conditional release program. No
276	fewer than three of these members shall be contract providers.
277	2.  Two members shall be representatives of local law
278	enforcement agencies.
279	3.  One member shall be an educator from the state's
280	university and community college program of criminology,
281	criminal justice administration, social work, psychology,
282	sociology, or other field of study pertinent to the training of
283	juvenile justice program staff.
284	4.  One member shall be a member of the public.
285	5.  One member shall be a state attorney, or assistant
286	state attorney, who has juvenile court experience.
287	6.  One member shall be a public defender, or assistant
288	public defender, who has juvenile court experience.
289	7.  One member shall be a representative of the business
290	community.
291
292	All appointed members shall be appointed to serve terms of 2
293	years.
294	(b)  The composition of the commission shall be broadly
295	reflective of the public and shall include minorities and women.
296	The term "minorities" as used in this paragraph means a member
297	of a socially or economically disadvantaged group that includes
298	blacks, Hispanics, and American Indians.
299	(c)  The Department of Juvenile Justice shall provide the
300	commission with staff necessary to assist the commission in the
301	performance of its duties.
302	(d)  The commission shall annually elect its chairperson
303	and other officers. The commission shall hold at least four
304	regular meetings each year at the call of the chairperson or
305	upon the written request of three members of the commission. A
306	majority of the members of the commission constitutes a quorum.
307	Members of the commission shall serve without compensation but
308	are entitled to be reimbursed for per diem and travel expenses
309	as provided by s. 112.061 and these expenses shall be paid from
310	the Juvenile Justice Training Trust Fund.
311	(e)  The department powers, duties, and functions of the
312	commission shall be to:
313	(a)1.  Designate the location of the training academies;
314	develop, implement, maintain, and update the curriculum to be
315	used in the training of juvenile justice program staff;
316	establish timeframes for participation in and completion of
317	training by juvenile justice program staff; develop, implement,
318	maintain, and update job-related examinations; develop,
319	implement, and update the types and frequencies of evaluations
320	of the training academies; approve, modify, or disapprove the
321	budget for the training academies, and the contractor to be
322	selected to organize and operate the training academies and to
323	provide the training curriculum.
324	(b)2.  Establish uniform minimum job-related training
325	courses and examinations for juvenile justice program staff.
326	(c)3.  Consult and cooperate with the state or any
327	political subdivision; any private entity or contractor; and
328	with private and public universities, colleges, community
329	colleges, and other educational institutions concerning the
330	development of juvenile justice training and programs or courses
331	of instruction, including, but not limited to, education and
332	training in the areas of juvenile justice.
333	(d)4.  Enter into With the approval of the department, make
334	and enter into such contracts and agreements with other
335	agencies, organizations, associations, corporations,
336	individuals, or federal agencies as the commission determines
337	are necessary in the execution of the its powers of the
338	department or the performance of its duties.
339	5.  Make recommendations to the Department of Juvenile
340	Justice concerning any matter within the purview of this
341	section.
342	(3)  JUVENILE JUSTICE TRAINING PROGRAM.-The department
343	commission shall establish a certifiable program for juvenile
344	justice training pursuant to this section, and all department
345	program staff and providers who deliver direct care services
346	pursuant to contract with the department shall be required to
347	participate in and successfully complete the department-approved
348	commission-approved program of training pertinent to their areas
349	of responsibility. Judges, state attorneys, and public
350	defenders, law enforcement officers, and school district
351	personnel may participate in such training program. For the
352	juvenile justice program staff, the department commission shall,
353	based on a job-task analysis:
354	(a)  Design, implement, maintain, evaluate, and revise a
355	basic training program, including a competency-based
356	examination, for the purpose of providing minimum employment
357	training qualifications for all juvenile justice personnel. All
358	program staff of the department and providers who deliver
359	direct-care services who are hired after October 1, 1999, must
360	meet the following minimum requirements:
361	1.  Be at least 19 years of age.
362	2.  Be a high school graduate or its equivalent as
363	determined by the department commission.
364	3.  Not have been convicted of any felony or a misdemeanor
365	involving perjury or a false statement, or have received a
366	dishonorable discharge from any of the Armed Forces of the
367	United States. Any person who, after September 30, 1999, pleads
368	guilty or nolo contendere to or is found guilty of any felony or
369	a misdemeanor involving perjury or false statement is not
370	eligible for employment, notwithstanding suspension of sentence
371	or withholding of adjudication. Notwithstanding this
372	subparagraph, any person who pled nolo contendere to a
373	misdemeanor involving a false statement before October 1, 1999,
374	and who has had such record of that plea sealed or expunged is
375	not ineligible for employment for that reason.
376	4.  Abide by all the provisions of s. 985.644(1) regarding
377	fingerprinting and background investigations and other screening
378	requirements for personnel.
379	5.  Execute and submit to the department an affidavit-of-
380	application form, adopted by the department, attesting to his or
381	her compliance with subparagraphs 1.-4. The affidavit must be
382	executed under oath and constitutes an official statement under
383	s. 837.06. The affidavit must include conspicuous language that
384	the intentional false execution of the affidavit constitutes a
385	misdemeanor of the second degree. The employing agency shall
386	retain the affidavit.
387	(b)  Design, implement, maintain, evaluate, and revise an
388	advanced training program, including a competency-based
389	examination for each training course, which is intended to
390	enhance knowledge, skills, and abilities related to job
391	performance.
392	(c)  Design, implement, maintain, evaluate, and revise a
393	career development training program, including a competency-
394	based examination for each training course. Career development
395	courses are intended to prepare personnel for promotion.
396	(d)  The department commission is encouraged to design,
397	implement, maintain, evaluate, and revise juvenile justice
398	training courses, or to enter into contracts for such training
399	courses, that are intended to provide for the safety and well-
400	being of both citizens and juvenile offenders.
401	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.-
402	(a)  There is created within the State Treasury a Juvenile
403	Justice Training Trust Fund to be used by the department of
404	Juvenile Justice for the purpose of funding the development and
405	updating of a job-task analysis of juvenile justice personnel;
406	the development, implementation, and updating of job-related
407	training courses and examinations; and the cost of commission-
408	approved juvenile justice training courses; and reimbursement
409	for expenses as provided in s. 112.061 for members of the
410	commission and staff.
411	(b)  One dollar from every noncriminal traffic infraction
412	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
413	deposited into the Juvenile Justice Training Trust Fund.
414	(c)  In addition to the funds generated by paragraph (b),
415	the trust fund may receive funds from any other public or
416	private source.
417	(d)  Funds that are not expended by the end of the budget
418	cycle or through a supplemental budget approved by the
419	department shall revert to the trust fund.
420	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.-
421	The number, location, and establishment of juvenile justice
422	training academies shall be determined by the department
423	commission.
424	(6)  SCHOLARSHIPS AND STIPENDS.-
425	(a)  By rule, the department commission shall establish
426	criteria to award scholarships or stipends to qualified juvenile
427	justice personnel who are residents of the state who want to
428	pursue a bachelor's or associate in arts degree in juvenile
429	justice or a related field. The department shall handle the
430	administration of the scholarship or stipend. The Department of
431	Education shall handle the notes issued for the payment of the
432	scholarships or stipends. All scholarship and stipend awards
433	shall be paid from the Juvenile Justice Training Trust Fund upon
434	vouchers approved by the Department of Education and properly
435	certified by the Chief Financial Officer. Prior to the award of
436	a scholarship or stipend, the juvenile justice employee must
437	agree in writing to practice her or his profession in juvenile
438	justice or a related field for 1 month for each month of grant
439	or to repay the full amount of the scholarship or stipend
440	together with interest at the rate of 5 percent per annum over a
441	period not to exceed 10 years. Repayment shall be made payable
442	to the state for deposit into the Juvenile Justice Training
443	Trust Fund.
444	(b)  The department commission may establish the
445	scholarship program by rule and implement the program on or
446	after July 1, 1996.
447	(7)  ADOPTION OF RULES.-The department commission shall
448	adopt rules as necessary to carry out the provisions of this
449	section.
450	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
451	MANAGEMENT TRUST FUND.-Pursuant to s. 284.30, the Division of
452	Risk Management of the Department of Financial Services is
453	authorized to insure a private agency, individual, or
454	corporation operating a state-owned training school under a
455	contract to carry out the purposes and responsibilities of any
456	program of the department. The coverage authorized herein shall
457	be under the same general terms and conditions as the department
458	is insured for its responsibilities under chapter 284.
459	(9)  The Juvenile Justice Standards and Training Commission
460	is terminated on June 30, 2001, and such termination shall be
461	reviewed by the Legislature prior to that date.
462	Section 15.  Subsection (8) of section 985.48, Florida
463	Statutes, is repealed.
464	Section 16.  This act shall take effect July 1, 2011.

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