CS/CS/HB 4157

1	A bill to be entitled
2	An act relating to juvenile justice; repealing ss.
3	984.03(48), 985.03(48) and (56), 985.445, 985.47,
4	985.48(8), 985.483, 985.486, and 985.636, F.S., relating
5	to, respectively, definitions of terms for the serious or
6	habitual juvenile offender program and a training school,
7	cases involving grand theft of a motor vehicle committed
8	by a child, the serious or habitual juvenile offender
9	program in the juvenile justice system, activities of the
10	Juvenile Justice Standards and Training Commission with
11	respect to training and treatment services for juvenile
12	sexual offenders, the intensive residential treatment
13	program for offenders less than 13 years of age, and the
14	designation of persons holding law enforcement
15	certification within the Office of the Inspector General
16	to act as law enforcement officers; amending ss. 943.0515,
17	985.601, and 985.688, F.S.; conforming provisions to
18	changes made by the act; amending s. 985.652, F.S.;
19	deleting a reference to a corporation operating a state-
20	owned training school under a contract in provisions
21	relating to participation of certain programs in the State
22	Risk Management Trust Fund; amending s. 394.492, F.S.;
23	including children 9 years of age or younger at the time
24	of referral for a delinquent act within the definition of
25	those children who are eligible to receive comprehensive
26	mental health services; amending s. 984.14, F.S.;
27	conforming provisions to changes made by the act; amending
28	ss. 985.0301, 985.14, and 985.565, F.S.; conforming
29	references to changes made by the act; amending s. 985.02,
30	F.S.; revising legislative intent concerning delinquency
31	prevention and detention; deleting provisions relating to
32	serious and habitual juvenile offenders; providing
33	legislative intent concerning children 9 years of age or
34	younger and restorative justice; amending s. 985.125,
35	F.S.; encouraging law enforcement agencies, school
36	districts, counties, municipalities, and the Department of
37	Juvenile Justice to establish prearrest or postarrest
38	diversion programs and to give first-time misdemeanor
39	offenders and offenders who are 9 years of age or younger
40	an opportunity to participate in the programs; amending s.
41	985.145, F.S.; requiring a juvenile probation officer to
42	make a referral to the appropriate shelter if the
43	completed risk assessment instrument shows that the child
44	is ineligible for secure detention; amending s. 985.24,
45	F.S.; prohibiting a child alleged to have committed a
46	delinquent act or violation of law from being placed into
47	secure, nonsecure, or home detention care because of a
48	misdemeanor charge of domestic violence if the child lives
49	in a family that has a history of family violence or if
50	the child is a victim of abuse or neglect unless the child
51	would otherwise be subject to secure detention based on
52	prior history; prohibiting a child 9 years of age or
53	younger from being placed into secure detention care
54	unless the child is charged with a capital felony, a life
55	felony, or a felony of the first degree; amending s.
56	985.245, F.S.; revising the development process for the
57	risk assessment instrument; revising factors to be
58	considered in assessing a child's risk of rearrest or
59	failure to appear; amending s. 985.255, F.S.; providing
60	that a child may be placed in home detention care or
61	detained in secure detention care under certain
62	circumstances; providing that a child who is charged with
63	committing a felony offense of domestic violence and who
64	does not meet detention criteria may nevertheless be held
65	in secure detention care if the court makes certain
66	specific written findings; amending s. 985.441, F.S.;
67	conforming references to changes made by the act;
68	authorizing a court to commit a female child adjudicated
69	as delinquent to the department for placement in a mother-
70	infant program designed to serve the needs of juvenile
71	mothers or expectant juvenile mothers who are committed as
72	delinquents; amending s. 985.45, F.S.; providing that
73	whenever a child is required by the court to participate
74	in any juvenile justice work program, the child is
75	considered an employee of the state for the purpose of
76	workers' compensation; amending s. 985.494, F.S.;
77	requiring a child who is adjudicated delinquent, or for
78	whom adjudication is withheld, to be committed to a
79	maximum-risk residential program for an act that would be
80	a felony if committed by an adult if the child has
81	completed two different high-risk residential commitment
82	programs; amending s. 985.632, F.S.; declaring legislative
83	intent that the department collect and analyze available
84	statistical data for the purpose of ongoing evaluation of
85	all juvenile justice programs; revising, defining, and
86	deleting terms; requiring the department to use a standard
87	methodology to annually measure, evaluate, and report
88	program outputs and youth outcomes for each program and
89	program group; requiring that the department submit an
90	annual report; requiring that the department notify
91	specified parties of substantive changes to the standard
92	methodology used in its evaluation; requiring that the
93	department apply a program accountability measures
94	analysis to each commitment program; deleting obsolete
95	provisions; amending s. 985.66, F.S.; removing all
96	references to the Juvenile Justice Standards and Training
97	Commission; requiring the department to be responsible for
98	staff development and training; specifying the duties and
99	responsibilities of the department for staff development
100	and training; removing obsolete provisions to conform to
101	changes made by the act; providing an effective date.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1.  Subsection (48) of section 984.03, Florida
106	Statutes, is repealed.
107	Section 2.  Subsection (48) of section 985.03, Florida
108	Statutes, is repealed.
109	Section 3.  Subsection (56) of section 985.03, Florida
110	Statutes, is repealed.
111	Section 4.  Section 985.445, Florida Statutes, is repealed.
112	Section 5.  Section 985.47, Florida Statutes, is repealed.
113	Section 6.  Subsection (8) of section 985.48, Florida
114	Statutes, is repealed.
115	Section 7.  Section 985.483, Florida Statutes, is repealed.
116	Section 8.  Section 985.486, Florida Statutes, is repealed.
117	Section 9.  Section 985.636, Florida Statutes, is repealed.
118	Section 10.  Subsection (1) of section 943.0515, Florida
119	Statutes, is amended to read:
120	943.0515  Retention of criminal history records of minors.-
121	(1)(a)  The Criminal Justice Information Program shall
122	retain the criminal history record of a minor who is classified
123	as a serious or habitual juvenile offender or committed to a
124	juvenile correctional facility or juvenile prison under chapter
125	985 for 5 years after the date the offender reaches 21 years of
126	age, at which time the record shall be expunged unless it meets
127	the criteria of paragraph (2)(a) or paragraph (2)(b).
128	(b)  If the minor is not classified as a serious or
129	habitual juvenile offender or committed to a juvenile
130	correctional facility or juvenile prison under chapter 985, the
131	program shall retain the minor's criminal history record for 5
132	years after the date the minor reaches 19 years of age, at which
133	time the record shall be expunged unless it meets the criteria
134	of paragraph (2)(a) or paragraph (2)(b).
135	Section 11.  Subsection (3) of section 985.601, Florida
136	Statutes, is amended to read:
137	985.601  Administering the juvenile justice continuum.-
138	(3)(a)  The department shall develop or contract for
139	diversified and innovative programs to provide rehabilitative
140	treatment, including early intervention and prevention,
141	diversion, comprehensive intake, case management, diagnostic and
142	classification assessments, individual and family counseling,
143	shelter care, diversified detention care emphasizing
144	alternatives to secure detention, diversified probation, halfway
145	houses, foster homes, community-based substance abuse treatment
146	services, community-based mental health treatment services,
147	community-based residential and nonresidential programs,
148	environmental programs, and programs for serious or habitual
149	juvenile offenders. Each program shall place particular emphasis
150	on reintegration and conditional release for all children in the
151	program.
152	(a)(b)  The Legislature intends that, whenever possible and
153	reasonable, the department make every effort to consider
154	qualified faith-based organizations on an equal basis with other
155	private organizations when selecting contract providers of
156	services to juveniles.
157	(b)(c)  The department may contract with faith-based
158	organizations on the same basis as any other nongovernmental
159	providers, without impairing the religious character of such
160	organizations. Any faith-based organization may act as a
161	contractor in the delivery of services under any program, on the
162	same basis as any other nongovernmental provider, without
163	impairing the religious character of such organization. A faith-
164	based organization, which has entered into a contract with the
165	department, shall retain its independence from state and local
166	governments with regard to control over the definition,
167	development, practice, and expression of its religious beliefs.
168	The department shall not require a faith-based organization to
169	alter its form of internal government or remove religious art,
170	icons, scripture, or other symbols in order to be eligible to
171	contract as a provider.
172	(c)(d)  The department may include in any services contract
173	a requirement that providers prepare plans describing their
174	implementation of paragraph (b) paragraphs (a) and (c). A
175	failure to deliver such plans, if required, may be considered by
176	the department as a breach of the contract that may result in
177	cancellation of the contract.
178	Section 12.  Subsection (2) of section 985.688, Florida
179	Statutes, is amended to read:
180	985.688  Administering county and municipal delinquency
181	programs and facilities.-
182	(2)  A county or municipal government may develop or
183	contract for innovative programs that provide rehabilitative
184	treatment with particular emphasis on reintegration and
185	conditional release for all children in the program, including
186	halfway houses and community-based substance abuse treatment
187	services, mental health treatment services, residential and
188	nonresidential programs, and environmental programs, and
189	programs for serious or habitual juvenile offenders.
190	Section 13.  Section 985.652, Florida Statutes, is amended
191	to read:
192	985.652  Participation of certain programs in the State
193	Risk Management Trust Fund.-Pursuant to s. 284.30, the Division
194	of Risk Management of the Department of Financial Services is
195	authorized to insure a private agency, or individual, or
196	corporation operating a state-owned training school under a
197	contract to carry out the purposes and responsibilities of any
198	program of the department. The coverage authorized herein shall
199	be under the same general terms and conditions as the department
200	is insured for its responsibilities under chapter 284.
201	Section 14.  Paragraph (i) is added to subsection (4) of
202	section 394.492, Florida Statutes, to read:
203	394.492  Definitions.-As used in ss. 394.490-394.497, the
204	term:
205	(4)  "Child or adolescent at risk of emotional disturbance"
206	means a person under 18 years of age who has an increased
207	likelihood of becoming emotionally disturbed because of risk
208	factors that include, but are not limited to:
209	(i)  Being 9 years of age or younger at the time of
210	referral for a delinquent act.
211	Section 15.  Subsection (1) of section 984.14, Florida
212	Statutes, is amended to read:
213	984.14  Shelter placement; hearing.-
214	(1)  Unless ordered by the court pursuant to the provisions
215	of this chapter, or upon voluntary consent to placement by the
216	child and the child's parent, legal guardian, or custodian, a
217	child taken into custody may shall not be placed in a shelter
218	prior to a court hearing unless a determination has been made
219	that the provision of appropriate and available services will
220	not eliminate the need for placement and that such placement is
221	required:
222	(a)  To provide an opportunity for the child and family to
223	agree upon conditions for the child's return home, when
224	immediate placement in the home would result in a substantial
225	likelihood that the child and family would not reach an
226	agreement; or
227	(b)  Because a parent, custodian, or guardian is
228	unavailable to take immediate custody of the child.
229	Section 16.  Subsection (5) of section 985.0301, Florida
230	Statutes, is amended to read:
231	985.0301  Jurisdiction.-
232	(5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
233	985.435, 985.439, and 985.441, and except as provided in s. ss.
234	985.465 and 985.47 and paragraph (f), when the jurisdiction of
235	any child who is alleged to have committed a delinquent act or
236	violation of law is obtained, the court shall retain
237	jurisdiction, unless relinquished by its order, until the child
238	reaches 19 years of age, with the same power over the child that
239	the court had prior to the child becoming an adult.
240	(b)  Notwithstanding ss. 743.07 and 985.455(3), and except
241	as provided in s. 985.47, the term of any order placing a child
242	in a probation program must be until the child's 19th birthday
243	unless he or she is released by the court on the motion of an
244	interested party or on his or her own motion.
245	(c)  Notwithstanding ss. 743.07 and 985.455(3), and except
246	as provided in s. 985.47, the term of the commitment must be
247	until the child is discharged by the department or until he or
248	she reaches the age of 21 years. Notwithstanding ss. 743.07,
249	985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
250	985.513, and except as provided in this section and s. 985.47, a
251	child may not be held under a commitment from a court under s.
252	985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
253	after becoming 21 years of age.
254	(d)  The court may retain jurisdiction over a child
255	committed to the department for placement in a juvenile prison
256	or in a high-risk or maximum-risk residential commitment program
257	to allow the child to participate in a juvenile conditional
258	release program pursuant to s. 985.46. In no case shall the
259	jurisdiction of the court be retained beyond the child's 22nd
260	birthday. However, if the child is not successful in the
261	conditional release program, the department may use the transfer
262	procedure under s. 985.441(3).
263	(e)  The court may retain jurisdiction over a child
264	committed to the department for placement in an intensive
265	residential treatment program for 10-year-old to 13-year-old
266	offenders, in the residential commitment program in a juvenile
267	prison, or in a residential sex offender program, or in a
268	program for serious or habitual juvenile offenders as provided
269	in s. 985.47 or s. 985.483 until the child reaches the age of
270	21. If the court exercises this jurisdiction retention, it shall
271	do so solely for the purpose of the child completing the
272	intensive residential treatment program for 10-year-old to 13-
273	year-old offenders, in the residential commitment program in a
274	juvenile prison, or in a residential sex offender program, or
275	the program for serious or habitual juvenile offenders. Such
276	jurisdiction retention does not apply for other programs, other
277	purposes, or new offenses.
278	(f)  The court may retain jurisdiction over a child
279	committed to a juvenile correctional facility or a juvenile
280	prison until the child reaches the age of 21 years, specifically
281	for the purpose of allowing the child to complete such program.
282	(g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious
283	or habitual juvenile offender shall not be held under commitment
284	from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
285	after becoming 21 years of age. This subparagraph shall apply
286	only for the purpose of completing the serious or habitual
287	juvenile offender program under this chapter and shall be used
288	solely for the purpose of treatment.
289	2.  The court may retain jurisdiction over a child who has
290	been placed in a program or facility for serious or habitual
291	juvenile offenders until the child reaches the age of 21,
292	specifically for the purpose of the child completing the
293	program.
294	(g)(h)  The court may retain jurisdiction over a juvenile
295	sexual offender who has been placed in a program or facility for
296	juvenile sexual offenders until the juvenile sexual offender
297	reaches the age of 21, specifically for the purpose of
298	completing the program.
299	(h)(i)  The court may retain jurisdiction over a child and
300	the child's parent or legal guardian whom the court has ordered
301	to pay restitution until the restitution order is satisfied. To
302	retain jurisdiction, the court shall enter a restitution order,
303	which is separate from any disposition or order of commitment,
304	on or prior to the date that the court's jurisdiction would
305	cease under this section. The contents of the restitution order
306	shall be limited to the child's name and address, the name and
307	address of the parent or legal guardian, the name and address of
308	the payee, the case number, the date and amount of restitution
309	ordered, any amount of restitution paid, the amount of
310	restitution due and owing, and a notation that costs, interest,
311	penalties, and attorney's fees may also be due and owing. The
312	terms of the restitution order are subject to s. 775.089(5).
313	(i)(j)  This subsection does not prevent the exercise of
314	jurisdiction by any court having jurisdiction of the child if
315	the child, after becoming an adult, commits a violation of law.
316	Section 17.  Paragraph (b) of subsection (3), paragraph (b)
317	of subsection (4), and subsection (5) of section 985.02, Florida
318	Statutes, are amended, subsections (6) through (8) are
319	redesignated as subsections (5) through (7), respectively, and
320	new subsections (8) and (9) are added to that section, to read:
321	985.02  Legislative intent for the juvenile justice
322	system.-
323	(3)  JUVENILE JUSTICE AND DELINQUENCY PREVENTION.-It is the
324	policy of the state with respect to juvenile justice and
325	delinquency prevention to first protect the public from acts of
326	delinquency. In addition, it is the policy of the state to:
327	(b)  Develop and implement effective programs to prevent
328	delinquency, to divert children from the traditional juvenile
329	justice system, to intervene at an early stage of delinquency,
330	and to provide critically needed alternatives to
331	institutionalization, and deep-end commitment, and secure
332	detention.
333
334	The Legislature intends that detention care, in addition to
335	providing secure and safe custody, will promote the health and
336	well-being of the children committed thereto and provide an
337	environment that fosters their social, emotional, intellectual,
338	and physical development.
339	(4)  DETENTION.-
340	(b)  The Legislature intends that a juvenile found to have
341	committed a delinquent act understands the consequences and the
342	serious nature of such behavior. Therefore, the Legislature
343	finds that secure detention is appropriate to ensure public
344	safety and guarantee court appearance provide punishment that
345	discourages further delinquent behavior. The Legislature also
346	finds that certain juveniles have committed a sufficient number
347	of criminal acts, including acts involving violence to persons,
348	to represent sufficient danger to the community to warrant
349	sentencing and placement within the adult system. It is the
350	intent of the Legislature to establish clear criteria in order
351	to identify these juveniles and remove them from the juvenile
352	justice system.
353	(5)  SERIOUS OR HABITUAL JUVENILE OFFENDERS.-The
354	Legislature finds that fighting crime effectively requires a
355	multipronged effort focusing on particular classes of delinquent
356	children and the development of particular programs. This
357	state's juvenile justice system has an inadequate number of beds
358	for serious or habitual juvenile offenders and an inadequate
359	number of community and residential programs for a significant
360	number of children whose delinquent behavior is due to or
361	connected with illicit substance abuse. In addition, a
362	significant number of children have been adjudicated in adult
363	criminal court and placed in this state's prisons where programs
364	are inadequate to meet their rehabilitative needs and where
365	space is needed for adult offenders. Recidivism rates for each
366	of these classes of offenders exceed those tolerated by the
367	Legislature and by the citizens of this state.
368	(8)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
369	finds that very young children need age-appropriate services in
370	order to prevent and reduce future acts of delinquency. Children
371	who are 9 years of age or younger may be diverted into prearrest
372	or postarrest programs, civil citation programs, or children-in-
373	need-of-services and families-in-need-of-services programs, or
374	other programs, as appropriate. If, based upon a needs
375	assessment, the child is found to be in need of mental health
376	services or substance abuse treatment services, the department
377	shall cooperate with the parent or legal guardian and the
378	Department of Children and Family Services, as appropriate, to
379	identify the most appropriate services and supports and
380	available funding sources to meet the needs of the child.
381	(9)  RESTORATIVE JUSTICE.-
382	(a)  It is the intent of the Legislature that the juvenile
383	justice system advance the principles of restorative justice.
384	The department shall focus on repairing the harm to victims of
385	delinquent behavior by ensuring that the child understands the
386	effect of his or her delinquent behavior on the victim and the
387	community and that the child restores the losses of his or her
388	victim.
389	(b)  Offender accountability is one of the principles of
390	restorative justice. The premise of this principle is that the
391	juvenile justice system must respond to delinquent behavior in
392	such a way that the offender is made aware of and takes
393	responsibility for repaying or restoring loss, damage, or injury
394	perpetrated upon the victim and the community. This goal is
395	achieved when the offender understands the consequences of
396	delinquent behavior in terms of harm to others and when the
397	offender makes amends for the harm, loss, or damage through
398	restitution, community service, or other appropriate repayment.
399	Section 18.  Subsection (1) of section 985.125, Florida
400	Statutes, is amended to read:
401	985.125  Prearrest or postarrest diversion programs.-
402	(1)  A law enforcement agency, or school district, county,
403	municipality, or the department, in cooperation with the state
404	attorney, is encouraged to may establish a prearrest or
405	postarrest diversion programs. Youth who are taken into custody
406	for first-time misdemeanor offenses or offenders who are 9 years
407	of age or younger should be given an opportunity to participate
408	in prearrest or postarrest diversion programs program.
409	Section 19.  Paragraph (a) of subsection (3) of section
410	985.14, Florida Statutes, is amended to read:
411	985.14  Intake and case management system.-
412	(3)  The intake and case management system shall facilitate
413	consistency in the recommended placement of each child, and in
414	the assessment, classification, and placement process, with the
415	following purposes:
416	(a)  An individualized, multidisciplinary assessment
417	process that identifies the priority needs of each individual
418	child for rehabilitation and treatment and identifies any needs
419	of the child's parents or guardians for services that would
420	enhance their ability to provide adequate support, guidance, and
421	supervision for the child. This process shall begin with the
422	detention risk assessment instrument and decision, and shall
423	include the intake preliminary screening and comprehensive
424	assessment for substance abuse treatment services, mental health
425	services, retardation services, literacy services, and other
426	educational and treatment services as components, additional
427	assessment of the child's treatment needs, and classification
428	regarding the child's risks to the community and, for a serious
429	or habitual delinquent child, shall include the assessment for
430	placement in a serious or habitual delinquent children program
431	under s. 985.47. The completed multidisciplinary assessment
432	process shall result in the predisposition report.
433	Section 20.  Paragraph (d) of subsection (1) of section
434	985.145, Florida Statutes, is amended to read:
435	985.145  Responsibilities of juvenile probation officer
436	during intake; screenings and assessments.-
437	(1)  The juvenile probation officer shall serve as the
438	primary case manager for the purpose of managing, coordinating,
439	and monitoring the services provided to the child. Each program
440	administrator within the Department of Children and Family
441	Services shall cooperate with the primary case manager in
442	carrying out the duties and responsibilities described in this
443	section. In addition to duties specified in other sections and
444	through departmental rules, the assigned juvenile probation
445	officer shall be responsible for the following:
446	(d)  Completing risk assessment instrument.-The juvenile
447	probation officer shall ensure that a risk assessment instrument
448	establishing the child's eligibility for detention has been
449	accurately completed and that the appropriate recommendation was
450	made to the court. If, upon completion of the risk assessment
451	instrument, the child is ineligible for secure detention based
452	on the criteria in s. 985.24(2)(e), the juvenile probation
453	officer shall make a referral to the appropriate shelter for a
454	child in need of services or family in need of services.
455	Section 21.  Section 985.24, Florida Statutes, is amended
456	to read:
457	985.24  Use of detention; prohibitions.-
458	(1)  All determinations and court orders regarding the use
459	of secure, nonsecure, or home detention must shall be based
460	primarily upon findings that the child:
461	(a)  Presents a substantial risk of not appearing at a
462	subsequent hearing;
463	(b)  Presents a substantial risk of inflicting bodily harm
464	on others as evidenced by recent behavior;
465	(c)  Presents a history of committing a property offense
466	prior to adjudication, disposition, or placement;
467	(d)  Has committed contempt of court by:
468	1.  Intentionally disrupting the administration of the
469	court;
470	2.  Intentionally disobeying a court order; or
471	3.  Engaging in a punishable act or speech in the court's
472	presence which shows disrespect for the authority and dignity of
473	the court; or
474	(e)  Requests protection from imminent bodily harm.
475	(2)  A child alleged to have committed a delinquent act or
476	violation of law may not be placed into secure, nonsecure, or
477	home detention care for any of the following reasons:
478	(a)  To allow a parent to avoid his or her legal
479	responsibility.
480	(b)  To permit more convenient administrative access to the
481	child.
482	(c)  To facilitate further interrogation or investigation.
483	(d)  Due to a lack of more appropriate facilities.
484	(e)  Due to a misdemeanor charge of domestic violence if
485	the child lives in a family that has a history of family
486	violence, as defined in s. 741.28, or if the child is a victim
487	of abuse or neglect, as defined in s. 39.01, and the decision to
488	place the child in secure detention care is mitigated by the
489	history of trauma faced by the child, unless the child would
490	otherwise be subject to secure detention based on his or her
491	prior history.
492	(3)  A child alleged to be dependent under chapter 39 may
493	not, under any circumstances, be placed into secure detention
494	care.
495	(4)  A child 9 years of age or younger may not be placed
496	into secure detention care unless the child is charged with a
497	capital felony, a life felony, or a felony of the first degree.
498	(5)(4)  The department shall continue to identify
499	alternatives to secure detention care and shall develop such
500	alternatives and annually submit them to the Legislature for
501	authorization and appropriation.
502	Section 22.  Subsection (2) of section 985.245, Florida
503	Statutes, is amended to read:
504	985.245  Risk assessment instrument.-
505	(2)(a)  The risk assessment instrument for detention care
506	placement determinations and court orders shall be developed by
507	the department in consultation agreement with representatives
508	appointed by the following associations: the Conference of
509	Circuit Judges of Florida, the Prosecuting Attorneys
510	Association, the Public Defenders Association, the Florida
511	Sheriffs Association, and the Florida Association of Chiefs of
512	Police. Each association shall appoint two individuals, one
513	representing an urban area and one representing a rural area.
514	The parties involved shall evaluate and revise the risk
515	assessment instrument shall be effective at predicting risk and
516	avoiding the unnecessary use of secure detention as is
517	considered necessary using the method for revision as agreed by
518	the parties.
519	(b)  The risk assessment instrument shall accurately
520	predict a child's risk of rearrest or failure to appear and may
521	take the following factors take into consideration, but need not
522	be limited to them:, prior history of failure to appear, prior
523	offenses, offenses committed pending adjudication, any unlawful
524	possession of a firearm, theft of a motor vehicle or possession
525	of a stolen motor vehicle, and probation status at the time the
526	child is taken into custody. The risk assessment instrument
527	shall also take into consideration appropriate aggravating and
528	mitigating circumstances, and shall be designed to target a
529	narrower population of children than s. 985.255. The risk
530	assessment instrument shall also include any information
531	concerning the child's history of abuse and neglect. The risk
532	assessment shall indicate whether detention care is warranted,
533	and, if detention care is warranted, whether the child should be
534	placed into secure, nonsecure, or home detention care.
535	Section 23.  Subsections (1) and (2) of section 985.255,
536	Florida Statutes, are amended to read:
537	985.255  Detention criteria; detention hearing.-
538	(1)  Subject to s. 985.25(1), a child taken into custody
539	and placed into nonsecure or home detention care or detained in
540	secure detention care before prior to a detention hearing may
541	continue to be detained by the court if:
542	(a)  The child is alleged to be an escapee from a
543	residential commitment program; or an absconder from a
544	nonresidential commitment program, a probation program, or
545	conditional release supervision; or is alleged to have escaped
546	while being lawfully transported to or from a residential
547	commitment program.
548	(b)  The child is wanted in another jurisdiction for an
549	offense which, if committed by an adult, would be a felony.
550	(c)  The child is charged with a delinquent act or
551	violation of law and requests in writing through legal counsel
552	to be detained for protection from an imminent physical threat
553	to his or her personal safety.
554	(d)  The child is charged with committing a felony an
555	offense of domestic violence as defined in s. 741.28 and is
556	detained as provided in subsection (2).
557	(e)  The child is charged with possession or discharging a
558	firearm on school property in violation of s. 790.115.
559	(f)  The child is charged with a capital felony, a life
560	felony, a felony of the first degree, a felony of the second
561	degree that does not involve a violation of chapter 893, or a
562	felony of the third degree that is also a crime of violence,
563	including any such offense involving the use or possession of a
564	firearm.
565	(g)  The child is charged with any second degree or third
566	degree felony involving a violation of chapter 893 or any third
567	degree felony that is not also a crime of violence, and the
568	child:
569	1.  Has a record of failure to appear at court hearings
570	after being properly notified in accordance with the Rules of
571	Juvenile Procedure;
572	2.  Has a record of law violations prior to court hearings;
573	3.  Has already been detained or has been released and is
574	awaiting final disposition of the case;
575	4.  Has a record of violent conduct resulting in physical
576	injury to others; or
577	5.  Is found to have been in possession of a firearm.
578	(h)  The child is alleged to have violated the conditions
579	of the child's probation or conditional release supervision.
580	However, a child detained under this paragraph may be held only
581	in a consequence unit as provided in s. 985.439. If a
582	consequence unit is not available, the child shall be placed on
583	home detention with electronic monitoring.
584	(i)  The child is detained on a judicial order for failure
585	to appear and has previously willfully failed to appear, after
586	proper notice, for an adjudicatory hearing on the same case
587	regardless of the results of the risk assessment instrument. A
588	child may be held in secure detention for up to 72 hours in
589	advance of the next scheduled court hearing pursuant to this
590	paragraph. The child's failure to keep the clerk of court and
591	defense counsel informed of a current and valid mailing address
592	where the child will receive notice to appear at court
593	proceedings does not provide an adequate ground for excusal of
594	the child's nonappearance at the hearings.
595	(j)  The child is detained on a judicial order for failure
596	to appear and has previously willfully failed to appear, after
597	proper notice, at two or more court hearings of any nature on
598	the same case regardless of the results of the risk assessment
599	instrument. A child may be held in secure detention for up to 72
600	hours in advance of the next scheduled court hearing pursuant to
601	this paragraph. The child's failure to keep the clerk of court
602	and defense counsel informed of a current and valid mailing
603	address where the child will receive notice to appear at court
604	proceedings does not provide an adequate ground for excusal of
605	the child's nonappearance at the hearings.
606	(2)  A child who is charged with committing a felony an
607	offense of domestic violence as defined in s. 741.28 and who
608	does not meet detention criteria may be held in secure detention
609	if the court makes specific written findings that:
610	(a)  Respite care for the child is not available.
611	(b)  It is necessary to place the child in secure detention
612	in order to protect the victim from injury.
613
614	The child may not be held in secure detention under this
615	subsection for more than 48 hours unless ordered by the court.
616	After 48 hours, the court shall hold a hearing if the state
617	attorney or victim requests that secure detention be continued.
618	The child may continue to be held in detention care if the court
619	makes a specific, written finding that detention care is
620	necessary to protect the victim from injury. However, the child
621	may not be held in detention care beyond the time limits set
622	forth in this section or s. 985.26.
623	Section 24.  Subsection (1) of section 985.441, Florida
624	Statutes, is amended to read:
625	985.441  Commitment.-
626	(1)  The court that has jurisdiction of an adjudicated
627	delinquent child may, by an order stating the facts upon which a
628	determination of a sanction and rehabilitative program was made
629	at the disposition hearing:
630	(a)  Commit the child to a licensed child-caring agency
631	willing to receive the child; however, the court may not commit
632	the child to a jail or to a facility used primarily as a
633	detention center or facility or shelter.
634	(b)  Commit the child to the department at a
635	restrictiveness level defined in s. 985.03. Such commitment must
636	be for the purpose of exercising active control over the child,
637	including, but not limited to, custody, care, training, urine
638	monitoring, and treatment of the child and release of the child
639	from residential commitment into the community in a
640	postcommitment nonresidential conditional release program. If
641	the child is not successful in the conditional release program,
642	the department may use the transfer procedure under subsection
643	(3).
644	(c)  Commit the child to the department for placement in a
645	program or facility for serious or habitual juvenile offenders
646	in accordance with s. 985.47.
647	1.  Following a delinquency adjudicatory hearing under s.
648	985.35 and a delinquency disposition hearing under s. 985.433
649	that results in a commitment determination, the court shall, on
650	its own or upon request by the state or the department,
651	determine whether the protection of the public requires that the
652	child be placed in a program for serious or habitual juvenile
653	offenders and whether the particular needs of the child would be
654	best served by a program for serious or habitual juvenile
655	offenders as provided in s. 985.47. The determination shall be
656	made under ss. 985.47(1) and 985.433(7).
657	2.  Any commitment of a child to a program or facility for
658	serious or habitual juvenile offenders must be for an
659	indeterminate period of time, but the time may not exceed the
660	maximum term of imprisonment that an adult may serve for the
661	same offense.
662	(c)(d)  Commit the child to the department for placement in
663	a program or facility for juvenile sexual offenders in
664	accordance with s. 985.48, subject to specific appropriation for
665	such a program or facility.
666	1.  The child may only be committed for such placement
667	pursuant to determination that the child is a juvenile sexual
668	offender under the criteria specified in s. 985.475.
669	2.  Any commitment of a juvenile sexual offender to a
670	program or facility for juvenile sexual offenders must be for an
671	indeterminate period of time, but the time may not exceed the
672	maximum term of imprisonment that an adult may serve for the
673	same offense.
674	(d)  Commit the child to the department for placement in a
675	mother-infant program designed to serve the needs of juvenile
676	mothers or expectant juvenile mothers who are committed as
677	delinquents. The department's mother-infant program must be
678	licensed as a child care facility in accordance with s. 402.308
679	and must provide the services and support necessary to enable
680	the committed juvenile mothers to provide for the needs of their
681	infants who, upon agreement of the mother, may accompany them in
682	the program.
683	Section 25.  Subsection (1) of section 985.45, Florida
684	Statutes, is amended to read:
685	985.45  Liability and remuneration for work.-
686	(1)  Whenever a child is required by the court to
687	participate in any work program under this part or whenever a
688	child volunteers to work in a specified state, county,
689	municipal, or community service organization supervised work
690	program or to work for the victim, either as an alternative to
691	monetary restitution or as a part of the rehabilitative or
692	probation program, the child is an employee of the state for the
693	purposes of chapter 440 liability.
694	Section 26.  Section 985.494, Florida Statutes, is amended
695	to read:
696	985.494  Commitment programs for juvenile felony
697	offenders.-
698	(1)  Notwithstanding any other law and regardless of the
699	child's age, a child who is adjudicated delinquent, or for whom
700	adjudication is withheld, for an act that would be a felony if
701	committed by an adult, shall be committed to:
702	(a)  A program for serious or habitual juvenile offenders
703	under s. 985.47 or an intensive residential treatment program
704	for offenders less than 13 years of age under s. 985.483, if the
705	child has participated in an early delinquency intervention
706	program and has completed a sheriff's training and respect
707	program.
708	(b)  a maximum-risk residential program, if the child has
709	completed two different high-risk residential commitment
710	programs participated in an early delinquency intervention
711	program, has completed a sheriff's training and respect program,
712	and has completed a program for serious or habitual juvenile
713	offenders or an intensive residential treatment program for
714	offenders less than 13 years of age. The commitment of a child
715	to a maximum-risk residential program must be for an
716	indeterminate period, but may not exceed the maximum term of
717	imprisonment that an adult may serve for the same offense.
718	(2)  In committing a child to the appropriate program, the
719	court may consider an equivalent program of similar intensity as
720	being comparable to the a program required under subsection (1).
721	Section 27.  Paragraph (b) of subsection (4) of section
722	985.565, Florida Statutes, is amended to read:
723	985.565  Sentencing powers; procedures; alternatives for
724	juveniles prosecuted as adults.-
725	(4)  SENTENCING ALTERNATIVES.-
726	(b)  Juvenile sanctions.-For juveniles transferred to adult
727	court but who do not qualify for such transfer under s.
728	985.556(3) or s. 985.557(2)(a) or (b), the court may impose
729	juvenile sanctions under this paragraph. If juvenile sentences
730	are imposed, the court shall, under this paragraph, adjudge the
731	child to have committed a delinquent act. Adjudication of
732	delinquency shall not be deemed a conviction, nor shall it
733	operate to impose any of the civil disabilities ordinarily
734	resulting from a conviction. The court shall impose an adult
735	sanction or a juvenile sanction and may not sentence the child
736	to a combination of adult and juvenile punishments. An adult
737	sanction or a juvenile sanction may include enforcement of an
738	order of restitution or probation previously ordered in any
739	juvenile proceeding. However, if the court imposes a juvenile
740	sanction and the department determines that the sanction is
741	unsuitable for the child, the department shall return custody of
742	the child to the sentencing court for further proceedings,
743	including the imposition of adult sanctions. Upon adjudicating a
744	child delinquent under subsection (1), the court may:
745	1.  Place the child in a probation program under the
746	supervision of the department for an indeterminate period of
747	time until the child reaches the age of 19 years or sooner if
748	discharged by order of the court.
749	2.  Commit the child to the department for treatment in an
750	appropriate program for children for an indeterminate period of
751	time until the child is 21 or sooner if discharged by the
752	department. The department shall notify the court of its intent
753	to discharge no later than 14 days prior to discharge. Failure
754	of the court to timely respond to the department's notice shall
755	be considered approval for discharge.
756	3.  Order disposition under ss. 985.435, 985.437, 985.439,
757	985.441, 985.445, 985.45, and 985.455 as an alternative to
758	youthful offender or adult sentencing if the court determines
759	not to impose youthful offender or adult sanctions.
760
761	It is the intent of the Legislature that the criteria and
762	guidelines in this subsection are mandatory and that a
763	determination of disposition under this subsection is subject to
764	the right of the child to appellate review under s. 985.534.
765	Section 28.  Section 985.632, Florida Statutes, is amended
766	to read:
767	985.632  Program review and reporting requirements Quality
768	assurance and cost-effectiveness.-
769	(1)  LEGISLATIVE INTENT.-It is the intent of the
770	Legislature that the department:
771	(a)  Ensure that information be provided to decisionmakers
772	in a timely manner so that resources are allocated to programs
773	that of the department which achieve desired performance levels.
774	(b)  Collect and analyze available statistical data for the
775	purpose of ongoing evaluation of all programs.
776	(c)(b)  Provide information about the cost of such programs
777	and their differential effectiveness so that program the quality
778	may of such programs can be compared and improvements made
779	continually.
780	(d)(c)  Provide information to aid in developing related
781	policy issues and concerns.
782	(e)(d)  Provide information to the public about the
783	effectiveness of such programs in meeting established goals and
784	objectives.
785	(f)(e)  Provide a basis for a system of accountability so
786	that each youth client is afforded the best programs to meet his
787	or her needs.
788	(g)(f)  Improve service delivery to youth clients.
789	(h)(g)  Modify or eliminate activities that are not
790	effective.
791	(2)  DEFINITIONS.-As used in this section, the term:
792	(a)  "Program" means any facility, service, or program for
793	youth which is operated by the department or by a provider under
794	contract with the department.
795	(b)(b)  "Program component" means an aggregation of
796	generally related objectives which, because of their special
797	character, related workload, and interrelated output, can
798	logically be considered an entity for purposes of organization,
799	management, accounting, reporting, and budgeting.
800	(c)  "Program group" means a collection of programs having
801	sufficient similarity of functions, services, and population to
802	allow appropriate comparisons between programs within the group.
803	(d)(a)  "Youth" "Client" means any person who is being
804	provided treatment or services by the department or by a
805	provider under contract with the department.
806	(c)  "Program effectiveness" means the ability of the
807	program to achieve desired client outcomes, goals, and
808	objectives.
809	(3)  COMPREHENSIVE ACCOUNTABILITY REPORT.-The department
810	shall use a standard methodology for annually measuring,
811	evaluating, and reporting program outputs and youth outcomes for
812	each program and program group. The department shall submit a
813	report to the appropriate committees of the Legislature and the
814	Governor by January 15 of each year. The department shall notify
815	the Office of Program Policy Analysis and Government
816	Accountability and each contract service provider of substantive
817	changes to the methodology. The standard methodology must:
818	(a)  Define common terminology and operational definitions
819	and methods by which the performance of program outputs and
820	outcomes may be measured.
821	(b)  Specify program outputs for each program and for each
822	program group within the juvenile justice continuum.
823	(c)  Report cost data for each program operated or
824	contracted by the department for the fiscal year corresponding
825	to the program outputs and outcomes being reported. The
826	department shall annually collect and report cost data for every
827	program operated or contracted by the department. The cost data
828	shall conform to a format approved by the department and the
829	Legislature. Uniform cost data shall be reported and collected
830	for state-operated and contracted programs so that comparisons
831	can be made among programs. The department shall ensure that
832	there is accurate cost accounting for state-operated services
833	including market-equivalent rent and other shared cost. The cost
834	of the educational program provided to a residential facility
835	shall be reported and included in the cost of a program. The
836	department shall submit an annual cost report to the President
837	of the Senate, the Speaker of the House of Representatives, the
838	Minority Leader of each house of the Legislature, the
839	appropriate substantive and fiscal committees of each house of
840	the Legislature, and the Governor, no later than December 1 of
841	each year. Cost-benefit analysis for educational programs will
842	be developed and implemented in collaboration with and in
843	cooperation with the Department of Education, local providers,
844	and local school districts. Cost data for the report shall
845	include data collected by the Department of Education for the
846	purposes of preparing the annual report required by s.
847	1003.52(19).
848	(4)  PROGRAM ACCOUNTABILITY MEASURES.-
849	(a)  The department, in consultation with the Office of
850	Economic and Demographic Research and contract service
851	providers, shall develop a cost-effectiveness model and apply
852	the program accountability measures analysis model to each
853	commitment program and include the results in the comprehensive
854	accountability report. Program recidivism rates shall be a
855	component of the model. The program accountability measures
856	analysis cost-effectiveness model shall compare program costs to
857	expected and actual youth recidivism rates client outcomes and
858	program outputs. It is the intent of the Legislature that
859	continual development efforts take place to improve the validity
860	and reliability of the program accountability measure analysis
861	cost-effectiveness model.
862	(b)  The department shall rank commitment programs based on
863	the cost-effectiveness model and shall submit a report to the
864	appropriate substantive and fiscal committees of each house of
865	the Legislature by December 31 of each year.
866	(b)(c)  Based on reports of the department on client
867	outcomes and program outputs and on the department's most recent
868	program accountability measures analysis cost-effectiveness
869	rankings, the department may terminate its contract with or
870	discontinue a commitment program operated by the department or a
871	provider if the program has failed to achieve a minimum
872	threshold of recidivism and cost-effectiveness program
873	effectiveness. This paragraph does not preclude the department
874	from terminating a contract as provided under this section or as
875	otherwise provided by law or contract, and does not limit the
876	department's authority to enter into or terminate a contract.
877	(c)(d)  The department shall notify the Office of Program
878	Policy Analysis and Government Accountability and each contract
879	service provider of substantive changes to the program
880	accountability measures analysis. In collaboration with the
881	Office of Economic and Demographic Research, and contract
882	service providers, the department shall develop a work plan to
883	refine the cost-effectiveness model so that the model is
884	consistent with the performance-based program budgeting measures
885	approved by the Legislature to the extent the department deems
886	appropriate. The department shall notify the Office of Program
887	Policy Analysis and Government Accountability of any meetings to
888	refine the model.
889	(d)(e)  Contingent upon specific appropriation, the
890	department, in consultation with the Office of Economic and
891	Demographic Research, and contract service providers, shall:
892	1.  Construct a profile of each commitment program which
893	that uses the results of the quality assurance report required
894	by this section, the program accountability measure analysis
895	cost-effectiveness report required in this subsection, and other
896	reports available to the department.
897	2.  Target, for a more comprehensive evaluation, any
898	commitment program that has achieved consistently high, low, or
899	disparate ratings in the reports required under subparagraph 1.
900	3.  Identify the essential factors that contribute to the
901	high, low, or disparate program ratings.
902	4.  Use the results of these evaluations in developing or
903	refining juvenile justice programs or program models, youth
904	client outcomes and program outputs, provider contracts, quality
905	assurance standards, and the program accountability measure
906	analysis cost-effectiveness model.
907	(5)  QUALITY ASSURANCE.-The department shall:
908	(a)  Establish a comprehensive quality assurance system for
909	each program operated by the department or operated by a
910	provider under contract with the department. Each contract
911	entered into by the department must provide for quality
912	assurance and include the results in the comprehensive
913	accountability report.
914	(b)  Provide operational definitions of and criteria for
915	quality assurance for each specific program component.
916	(c)  Establish quality assurance goals and objectives for
917	each specific program component.
918	(d)  Establish the information and specific data elements
919	required for the quality assurance program.
920	(e)  Develop a quality assurance manual of specific,
921	standardized terminology and procedures to be followed by each
922	program.
923	(f)  Evaluate each program operated by the department or a
924	provider under a contract with the department and establish
925	minimum thresholds for each program component. If a provider
926	fails to meet the established minimum thresholds, such failure
927	shall cause the department to cancel the provider's contract
928	unless the provider achieves compliance with minimum thresholds
929	within 6 months or unless there are documented extenuating
930	circumstances. In addition, the department may not contract with
931	the same provider for the canceled service for a period of 12
932	months. If a department-operated program fails to meet the
933	established minimum thresholds, the department must take
934	necessary and sufficient steps to ensure and document program
935	changes to achieve compliance with the established minimum
936	thresholds. If the department-operated program fails to achieve
937	compliance with the established minimum thresholds within 6
938	months and if there are no documented extenuating circumstances,
939	the department must notify the Executive Office of the Governor
940	and the Legislature of the corrective action taken. Appropriate
941	corrective action may include, but is not limited to:
942	1.  Contracting out for the services provided in the
943	program;
944	2.  Initiating appropriate disciplinary action against all
945	employees whose conduct or performance is deemed to have
946	materially contributed to the program's failure to meet
947	established minimum thresholds;
948	3.  Redesigning the program; or
949	4.  Realigning the program.
950
951	The department shall submit an annual report to the President of
952	the Senate, the Speaker of the House of Representatives, the
953	Minority Leader of each house of the Legislature, the
954	appropriate substantive and fiscal committees of each house of
955	the Legislature, and the Governor, no later than February 1 of
956	each year. The annual report must contain, at a minimum, for
957	each specific program component: a comprehensive description of
958	the population served by the program; a specific description of
959	the services provided by the program; cost; a comparison of
960	expenditures to federal and state funding; immediate and long-
961	range concerns; and recommendations to maintain, expand,
962	improve, modify, or eliminate each program component so that
963	changes in services lead to enhancement in program quality. The
964	department shall ensure the reliability and validity of the
965	information contained in the report.
966	(6)  The department shall collect and analyze available
967	statistical data for the purpose of ongoing evaluation of all
968	programs. The department shall provide the Legislature with
969	necessary information and reports to enable the Legislature to
970	make informed decisions regarding the effectiveness of, and any
971	needed changes in, services, programs, policies, and laws.
972	Section 29.  Section 985.66, Florida Statutes, is amended
973	to read:
974	985.66  Juvenile justice training academies; staff
975	development and training; Juvenile Justice Standards and
976	Training Commission; Juvenile Justice Training Trust Fund.-
977	(1)  LEGISLATIVE PURPOSE.-In order to enable the state to
978	provide a systematic approach to staff development and training
979	for judges, state attorneys, public defenders, law enforcement
980	officers, school district personnel, and juvenile justice
981	program staff that will meet the needs of such persons in their
982	discharge of duties while at the same time meeting the
983	requirements for the American Correction Association
984	accreditation by the Commission on Accreditation for
985	Corrections, it is the purpose of the Legislature to require the
986	department to establish, maintain, and oversee the operation of
987	juvenile justice training academies in the state. The purpose of
988	the Legislature in establishing staff development and training
989	programs is to foster better staff morale and reduce
990	mistreatment and aggressive and abusive behavior in delinquency
991	programs; to positively impact the recidivism of children in the
992	juvenile justice system; and to afford greater protection of the
993	public through an improved level of services delivered by a
994	professionally trained juvenile justice program staff to
995	children who are alleged to be or who have been found to be
996	delinquent.
997	(2)  STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
998	TRAINING COMMISSION.-
999	(a)  There is created under the Department of Juvenile
1000	Justice the Juvenile Justice Standards and Training Commission,
1001	hereinafter referred to as the commission. The 17-member
1002	commission shall consist of the Attorney General or designee,
1003	the Commissioner of Education or designee, a member of the
1004	juvenile court judiciary to be appointed by the Chief Justice of
1005	the Supreme Court, and 14 members to be appointed by the
1006	Secretary of Juvenile Justice as follows:
1007	1.  Seven members shall be juvenile justice professionals:
1008	a superintendent or a direct care staff member from an
1009	institution; a director from a contracted community-based
1010	program; a superintendent and a direct care staff member from a
1011	regional detention center or facility; a juvenile probation
1012	officer supervisor and a juvenile probation officer; and a
1013	director of a day treatment or conditional release program. No
1014	fewer than three of these members shall be contract providers.
1015	2.  Two members shall be representatives of local law
1016	enforcement agencies.
1017	3.  One member shall be an educator from the state's
1018	university and community college program of criminology,
1019	criminal justice administration, social work, psychology,
1020	sociology, or other field of study pertinent to the training of
1021	juvenile justice program staff.
1022	4.  One member shall be a member of the public.
1023	5.  One member shall be a state attorney, or assistant
1024	state attorney, who has juvenile court experience.
1025	6.  One member shall be a public defender, or assistant
1026	public defender, who has juvenile court experience.
1027	7.  One member shall be a representative of the business
1028	community.
1029
1030	All appointed members shall be appointed to serve terms of 2
1031	years.
1032	(b)  The composition of the commission shall be broadly
1033	reflective of the public and shall include minorities and women.
1034	The term "minorities" as used in this paragraph means a member
1035	of a socially or economically disadvantaged group that includes
1036	blacks, Hispanics, and American Indians.
1037	(c)  The Department of Juvenile Justice shall provide the
1038	commission with staff necessary to assist the commission in the
1039	performance of its duties.
1040	(d)  The commission shall annually elect its chairperson
1041	and other officers. The commission shall hold at least four
1042	regular meetings each year at the call of the chairperson or
1043	upon the written request of three members of the commission. A
1044	majority of the members of the commission constitutes a quorum.
1045	Members of the commission shall serve without compensation but
1046	are entitled to be reimbursed for per diem and travel expenses
1047	as provided by s. 112.061 and these expenses shall be paid from
1048	the Juvenile Justice Training Trust Fund.
1049	(e)  The department powers, duties, and functions of the
1050	commission shall be to:
1051	(a)1.  Designate the location of the training academies;
1052	develop, implement, maintain, and update the curriculum to be
1053	used in the training of juvenile justice program staff;
1054	establish timeframes for participation in and completion of
1055	training by juvenile justice program staff; develop, implement,
1056	maintain, and update job-related examinations; develop,
1057	implement, and update the types and frequencies of evaluations
1058	of the training academies; approve, modify, or disapprove the
1059	budget for the training academies, and the contractor to be
1060	selected to organize and operate the training academies and to
1061	provide the training curriculum.
1062	(b)2.  Establish uniform minimum job-related training
1063	courses and examinations for juvenile justice program staff.
1064	(c)3.  Consult and cooperate with the state or any
1065	political subdivision; any private entity or contractor; and
1066	with private and public universities, colleges, community
1067	colleges, and other educational institutions concerning the
1068	development of juvenile justice training and programs or courses
1069	of instruction, including, but not limited to, education and
1070	training in the areas of juvenile justice.
1071	(d)4.  Enter into With the approval of the department, make
1072	and enter into such contracts and agreements with other
1073	agencies, organizations, associations, corporations,
1074	individuals, or federal agencies as the commission determines
1075	are necessary in the execution of the its powers of the
1076	department or the performance of its duties.
1077	5.  Make recommendations to the Department of Juvenile
1078	Justice concerning any matter within the purview of this
1079	section.
1080	(3)  JUVENILE JUSTICE TRAINING PROGRAM.-The department
1081	commission shall establish a certifiable program for juvenile
1082	justice training pursuant to this section, and all department
1083	program staff and providers who deliver direct care services
1084	pursuant to contract with the department shall be required to
1085	participate in and successfully complete the department-approved
1086	commission-approved program of training pertinent to their areas
1087	of responsibility. Judges, state attorneys, and public
1088	defenders, law enforcement officers, and school district
1089	personnel may participate in such training program. For the
1090	juvenile justice program staff, the department commission shall,
1091	based on a job-task analysis:
1092	(a)  Design, implement, maintain, evaluate, and revise a
1093	basic training program, including a competency-based
1094	examination, for the purpose of providing minimum employment
1095	training qualifications for all juvenile justice personnel. All
1096	program staff of the department and providers who deliver
1097	direct-care services who are hired after October 1, 1999, must
1098	meet the following minimum requirements:
1099	1.  Be at least 19 years of age.
1100	2.  Be a high school graduate or its equivalent as
1101	determined by the department commission.
1102	3.  Not have been convicted of any felony or a misdemeanor
1103	involving perjury or a false statement, or have received a
1104	dishonorable discharge from any of the Armed Forces of the
1105	United States. Any person who, after September 30, 1999, pleads
1106	guilty or nolo contendere to or is found guilty of any felony or
1107	a misdemeanor involving perjury or false statement is not
1108	eligible for employment, notwithstanding suspension of sentence
1109	or withholding of adjudication. Notwithstanding this
1110	subparagraph, any person who pled nolo contendere to a
1111	misdemeanor involving a false statement before October 1, 1999,
1112	and who has had such record of that plea sealed or expunged is
1113	not ineligible for employment for that reason.
1114	4.  Abide by all the provisions of s. 985.644(1) regarding
1115	fingerprinting and background investigations and other screening
1116	requirements for personnel.
1117	5.  Execute and submit to the department an affidavit-of-
1118	application form, adopted by the department, attesting to his or
1119	her compliance with subparagraphs 1.-4. The affidavit must be
1120	executed under oath and constitutes an official statement under
1121	s. 837.06. The affidavit must include conspicuous language that
1122	the intentional false execution of the affidavit constitutes a
1123	misdemeanor of the second degree. The employing agency shall
1124	retain the affidavit.
1125	(b)  Design, implement, maintain, evaluate, and revise an
1126	advanced training program, including a competency-based
1127	examination for each training course, which is intended to
1128	enhance knowledge, skills, and abilities related to job
1129	performance.
1130	(c)  Design, implement, maintain, evaluate, and revise a
1131	career development training program, including a competency-
1132	based examination for each training course. Career development
1133	courses are intended to prepare personnel for promotion.
1134	(d)  The department commission is encouraged to design,
1135	implement, maintain, evaluate, and revise juvenile justice
1136	training courses, or to enter into contracts for such training
1137	courses, that are intended to provide for the safety and well-
1138	being of both citizens and juvenile offenders.
1139	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.-
1140	(a)  There is created within the State Treasury a Juvenile
1141	Justice Training Trust Fund to be used by the department of
1142	Juvenile Justice for the purpose of funding the development and
1143	updating of a job-task analysis of juvenile justice personnel;
1144	the development, implementation, and updating of job-related
1145	training courses and examinations; and the cost of commission-
1146	approved juvenile justice training courses; and reimbursement
1147	for expenses as provided in s. 112.061 for members of the
1148	commission and staff.
1149	(b)  One dollar from every noncriminal traffic infraction
1150	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
1151	deposited into the Juvenile Justice Training Trust Fund.
1152	(c)  In addition to the funds generated by paragraph (b),
1153	the trust fund may receive funds from any other public or
1154	private source.
1155	(d)  Funds that are not expended by the end of the budget
1156	cycle or through a supplemental budget approved by the
1157	department shall revert to the trust fund.
1158	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.-
1159	The number, location, and establishment of juvenile justice
1160	training academies shall be determined by the department
1161	commission.
1162	(6)  SCHOLARSHIPS AND STIPENDS.-
1163	(a)  By rule, the department commission shall establish
1164	criteria to award scholarships or stipends to qualified juvenile
1165	justice personnel who are residents of the state who want to
1166	pursue a bachelor's or associate in arts degree in juvenile
1167	justice or a related field. The department shall handle the
1168	administration of the scholarship or stipend. The Department of
1169	Education shall handle the notes issued for the payment of the
1170	scholarships or stipends. All scholarship and stipend awards
1171	shall be paid from the Juvenile Justice Training Trust Fund upon
1172	vouchers approved by the Department of Education and properly
1173	certified by the Chief Financial Officer. Prior to the award of
1174	a scholarship or stipend, the juvenile justice employee must
1175	agree in writing to practice her or his profession in juvenile
1176	justice or a related field for 1 month for each month of grant
1177	or to repay the full amount of the scholarship or stipend
1178	together with interest at the rate of 5 percent per annum over a
1179	period not to exceed 10 years. Repayment shall be made payable
1180	to the state for deposit into the Juvenile Justice Training
1181	Trust Fund.
1182	(b)  The department commission may establish the
1183	scholarship program by rule and implement the program on or
1184	after July 1, 1996.
1185	(7)  ADOPTION OF RULES.-The department commission shall
1186	adopt rules as necessary to carry out the provisions of this
1187	section.
1188	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
1189	MANAGEMENT TRUST FUND.-Pursuant to s. 284.30, the Division of
1190	Risk Management of the Department of Financial Services is
1191	authorized to insure a private agency, or individual, or
1192	corporation operating a state-owned training school under a
1193	contract to carry out the purposes and responsibilities of any
1194	program of the department. The coverage authorized herein shall
1195	be under the same general terms and conditions as the department
1196	is insured for its responsibilities under chapter 284.
1197	(9)  The Juvenile Justice Standards and Training Commission
1198	is terminated on June 30, 2001, and such termination shall be
1199	reviewed by the Legislature prior to that date.
1200	Section 30.  This act shall take effect July 1, 2011.

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