ENROLLED
       2011 Legislature                                   CS for SB 618
       
       
       
       
       
       
                                                              2011618er
    1  
    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
    7         of terms for a training school and the serious or
    8         habitual juvenile offender program, the serious or
    9         habitual juvenile offender program in the juvenile
   10         justice system, the intensive residential treatment
   11         program for offenders less than 13 years of age, and
   12         the designation of persons holding law enforcement
   13         certification within the Office of the Inspector
   14         General to act as law enforcement officers; amending
   15         s. 985.494, F.S.; requiring a child who is adjudicated
   16         delinquent, or for whom adjudication is withheld, to
   17         be committed to a maximum-risk residential program for
   18         an act that would be a felony if committed by an adult
   19         if the child has completed two different high-risk
   20         residential commitment programs; repealing s. 985.445,
   21         F.S., relating to cases involving grand theft of a
   22         motor vehicle committed by a child; amending ss.
   23         985.0301, 985.47, and 985.565, F.S.; conforming
   24         references to changes made by the act; amending s.
   25         985.66, F.S.; removing all references to the Juvenile
   26         Justice Standards and Training Commission; requiring
   27         the Department of Juvenile Justice to be responsible
   28         for staff development and training; specifying the
   29         duties and responsibilities of the department for
   30         staff development and training; removing obsolete
   31         provisions to conform to changes made by the act;
   32         repealing s. 985.48(8), F.S., relating to activities
   33         of the Juvenile Justice Standards and Training
   34         Commission with respect to training and treatment
   35         services for juvenile sexual offenders; providing an
   36         effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (5) of section 985.02, Florida
   41  Statutes, is repealed.
   42         Section 2. Subsection (48) of section 985.03, Florida
   43  Statutes, is repealed.
   44         Section 3. Subsection (56) of section 985.03, Florida
   45  Statutes, is repealed.
   46         Section 4. Section 985.47, Florida Statutes, is repealed.
   47         Section 5. Section 985.483, Florida Statutes, is repealed.
   48         Section 6. Section 985.486, Florida Statutes, is repealed.
   49         Section 7. Section 985.636, Florida Statutes, is repealed.
   50         Section 8. Section 985.494, Florida Statutes, is amended to
   51  read:
   52         985.494 Commitment programs for juvenile felony offenders.—
   53         (1) Notwithstanding any other law and regardless of the
   54  child’s age, a child who is adjudicated delinquent, or for whom
   55  adjudication is withheld, for an act that would be a felony if
   56  committed by an adult, shall be committed to:
   57         (a) A program for serious or habitual juvenile offenders
   58  under s. 985.47 or an intensive residential treatment program
   59  for offenders less than 13 years of age under s. 985.483, if the
   60  child has participated in an early delinquency intervention
   61  program and has completed a sheriff’s training and respect
   62  program.
   63         (b) a maximum-risk residential program, if the child has
   64  completed two different high-risk residential commitment
   65  programs participated in an early delinquency intervention
   66  program, has completed a sheriff’s training and respect program,
   67  and has completed a program for serious or habitual juvenile
   68  offenders or an intensive residential treatment program for
   69  offenders less than 13 years of age. The commitment of a child
   70  to a maximum-risk residential program must be for an
   71  indeterminate period, but may not exceed the maximum term of
   72  imprisonment that an adult may serve for the same offense.
   73         (2) In committing a child to the appropriate program, the
   74  court may consider an equivalent program of similar intensity as
   75  being comparable to a program required under subsection (1).
   76         Section 9. Section 985.445, Florida Statutes, is repealed.
   77         Section 10. Paragraph (c) of subsection (5) of section
   78  985.0301, Florida Statutes, is amended to read:
   79         985.0301 Jurisdiction.—
   80         (5)
   81         (c) Notwithstanding ss. 743.07 and 985.455(3), and except
   82  as provided in s. 985.47, the term of the commitment must be
   83  until the child is discharged by the department or until he or
   84  she reaches the age of 21 years. Notwithstanding ss. 743.07,
   85  985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
   86  985.513, and except as provided in this section and s. 985.47, a
   87  child may not be held under a commitment from a court under s.
   88  985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
   89  after becoming 21 years of age.
   90         Section 11. Subsection (2) of section 985.47, Florida
   91  Statutes, is amended to read:
   92         985.47 Serious or habitual juvenile offender.—
   93         (2) DETERMINATION.—After a child has been adjudicated
   94  delinquent under s. 985.35, the court shall determine whether
   95  the child meets the criteria for a serious or habitual juvenile
   96  offender under subsection (1). If the court determines that the
   97  child does not meet such criteria, ss. 985.435, 985.437,
   98  985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.
   99         Section 12. Paragraph (b) of subsection (4) of section
  100  985.565, Florida Statutes, is amended to read:
  101         985.565 Sentencing powers; procedures; alternatives for
  102  juveniles prosecuted as adults.—
  103         (4) SENTENCING ALTERNATIVES.—
  104         (b) Juvenile sanctions.—For juveniles transferred to adult
  105  court but who do not qualify for such transfer under s.
  106  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
  107  juvenile sanctions under this paragraph. If juvenile sentences
  108  are imposed, the court shall, under this paragraph, adjudge the
  109  child to have committed a delinquent act. Adjudication of
  110  delinquency shall not be deemed a conviction, nor shall it
  111  operate to impose any of the civil disabilities ordinarily
  112  resulting from a conviction. The court shall impose an adult
  113  sanction or a juvenile sanction and may not sentence the child
  114  to a combination of adult and juvenile punishments. An adult
  115  sanction or a juvenile sanction may include enforcement of an
  116  order of restitution or probation previously ordered in any
  117  juvenile proceeding. However, if the court imposes a juvenile
  118  sanction and the department determines that the sanction is
  119  unsuitable for the child, the department shall return custody of
  120  the child to the sentencing court for further proceedings,
  121  including the imposition of adult sanctions. Upon adjudicating a
  122  child delinquent under subsection (1), the court may:
  123         1. Place the child in a probation program under the
  124  supervision of the department for an indeterminate period of
  125  time until the child reaches the age of 19 years or sooner if
  126  discharged by order of the court.
  127         2. Commit the child to the department for treatment in an
  128  appropriate program for children for an indeterminate period of
  129  time until the child is 21 or sooner if discharged by the
  130  department. The department shall notify the court of its intent
  131  to discharge no later than 14 days prior to discharge. Failure
  132  of the court to timely respond to the department’s notice shall
  133  be considered approval for discharge.
  134         3. Order disposition under ss. 985.435, 985.437, 985.439,
  135  985.441, 985.445, 985.45, and 985.455 as an alternative to
  136  youthful offender or adult sentencing if the court determines
  137  not to impose youthful offender or adult sanctions.
  138  
  139  It is the intent of the Legislature that the criteria and
  140  guidelines in this subsection are mandatory and that a
  141  determination of disposition under this subsection is subject to
  142  the right of the child to appellate review under s. 985.534.
  143         Section 13. Section 985.66, Florida Statutes, is amended to
  144  read:
  145         985.66 Juvenile justice training academies; staff
  146  development and training; Juvenile Justice Standards and
  147  Training Commission; Juvenile Justice Training Trust Fund.—
  148         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
  149  provide a systematic approach to staff development and training
  150  for judges, state attorneys, public defenders, law enforcement
  151  officers, school district personnel, and juvenile justice
  152  program staff that will meet the needs of such persons in their
  153  discharge of duties while at the same time meeting the
  154  requirements for the American Correction Association
  155  accreditation by the Commission on Accreditation for
  156  Corrections, it is the purpose of the Legislature to require the
  157  department to establish, maintain, and oversee the operation of
  158  juvenile justice training academies in the state. The purpose of
  159  the Legislature in establishing staff development and training
  160  programs is to foster better staff morale and reduce
  161  mistreatment and aggressive and abusive behavior in delinquency
  162  programs; to positively impact the recidivism of children in the
  163  juvenile justice system; and to afford greater protection of the
  164  public through an improved level of services delivered by a
  165  professionally trained juvenile justice program staff to
  166  children who are alleged to be or who have been found to be
  167  delinquent.
  168         (2) STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
  169  TRAINING COMMISSION.—
  170         (a) There is created under the Department of Juvenile
  171  Justice the Juvenile Justice Standards and Training Commission,
  172  hereinafter referred to as the commission. The 17-member
  173  commission shall consist of the Attorney General or designee,
  174  the Commissioner of Education or designee, a member of the
  175  juvenile court judiciary to be appointed by the Chief Justice of
  176  the Supreme Court, and 14 members to be appointed by the
  177  Secretary of Juvenile Justice as follows:
  178         1. Seven members shall be juvenile justice professionals: a
  179  superintendent or a direct care staff member from an
  180  institution; a director from a contracted community-based
  181  program; a superintendent and a direct care staff member from a
  182  regional detention center or facility; a juvenile probation
  183  officer supervisor and a juvenile probation officer; and a
  184  director of a day treatment or conditional release program. No
  185  fewer than three of these members shall be contract providers.
  186         2. Two members shall be representatives of local law
  187  enforcement agencies.
  188         3. One member shall be an educator from the state’s
  189  university and community college program of criminology,
  190  criminal justice administration, social work, psychology,
  191  sociology, or other field of study pertinent to the training of
  192  juvenile justice program staff.
  193         4. One member shall be a member of the public.
  194         5. One member shall be a state attorney, or assistant state
  195  attorney, who has juvenile court experience.
  196         6. One member shall be a public defender, or assistant
  197  public defender, who has juvenile court experience.
  198         7. One member shall be a representative of the business
  199  community.
  200  
  201  All appointed members shall be appointed to serve terms of 2
  202  years.
  203         (b) The composition of the commission shall be broadly
  204  reflective of the public and shall include minorities and women.
  205  The term “minorities” as used in this paragraph means a member
  206  of a socially or economically disadvantaged group that includes
  207  blacks, Hispanics, and American Indians.
  208         (c) The Department of Juvenile Justice shall provide the
  209  commission with staff necessary to assist the commission in the
  210  performance of its duties.
  211         (d) The commission shall annually elect its chairperson and
  212  other officers. The commission shall hold at least four regular
  213  meetings each year at the call of the chairperson or upon the
  214  written request of three members of the commission. A majority
  215  of the members of the commission constitutes a quorum. Members
  216  of the commission shall serve without compensation but are
  217  entitled to be reimbursed for per diem and travel expenses as
  218  provided by s. 112.061 and these expenses shall be paid from the
  219  Juvenile Justice Training Trust Fund.
  220         (e) The department powers, duties, and functions of the
  221  commission shall be to:
  222         (a)1. Designate the location of the training academies;
  223  develop, implement, maintain, and update the curriculum to be
  224  used in the training of juvenile justice program staff;
  225  establish timeframes for participation in and completion of
  226  training by juvenile justice program staff; develop, implement,
  227  maintain, and update job-related examinations; develop,
  228  implement, and update the types and frequencies of evaluations
  229  of the training academies; approve, modify, or disapprove the
  230  budget for the training academies, and the contractor to be
  231  selected to organize and operate the training academies and to
  232  provide the training curriculum.
  233         (b)2. Establish uniform minimum job-related training
  234  courses and examinations for juvenile justice program staff.
  235         (c)3. Consult and cooperate with the state or any political
  236  subdivision; any private entity or contractor; and with private
  237  and public universities, colleges, community colleges, and other
  238  educational institutions concerning the development of juvenile
  239  justice training and programs or courses of instruction,
  240  including, but not limited to, education and training in the
  241  areas of juvenile justice.
  242         (d)4.Enter into With the approval of the department, make
  243  and enter into such contracts and agreements with other
  244  agencies, organizations, associations, corporations,
  245  individuals, or federal agencies as the commission determines
  246  are necessary in the execution of the its powers of the
  247  department or the performance of its duties.
  248         5. Make recommendations to the Department of Juvenile
  249  Justice concerning any matter within the purview of this
  250  section.
  251         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
  252  commission shall establish a certifiable program for juvenile
  253  justice training pursuant to this section, and all department
  254  program staff and providers who deliver direct care services
  255  pursuant to contract with the department shall be required to
  256  participate in and successfully complete the department-approved
  257  commission-approved program of training pertinent to their areas
  258  of responsibility. Judges, state attorneys, and public
  259  defenders, law enforcement officers, and school district
  260  personnel may participate in such training program. For the
  261  juvenile justice program staff, the department commission shall,
  262  based on a job-task analysis:
  263         (a) Design, implement, maintain, evaluate, and revise a
  264  basic training program, including a competency-based
  265  examination, for the purpose of providing minimum employment
  266  training qualifications for all juvenile justice personnel. All
  267  program staff of the department and providers who deliver
  268  direct-care services who are hired after October 1, 1999, must
  269  meet the following minimum requirements:
  270         1. Be at least 19 years of age.
  271         2. Be a high school graduate or its equivalent as
  272  determined by the department commission.
  273         3. Not have been convicted of any felony or a misdemeanor
  274  involving perjury or a false statement, or have received a
  275  dishonorable discharge from any of the Armed Forces of the
  276  United States. Any person who, after September 30, 1999, pleads
  277  guilty or nolo contendere to or is found guilty of any felony or
  278  a misdemeanor involving perjury or false statement is not
  279  eligible for employment, notwithstanding suspension of sentence
  280  or withholding of adjudication. Notwithstanding this
  281  subparagraph, any person who pled nolo contendere to a
  282  misdemeanor involving a false statement before October 1, 1999,
  283  and who has had such record of that plea sealed or expunged is
  284  not ineligible for employment for that reason.
  285         4. Abide by all the provisions of s. 985.644(1) regarding
  286  fingerprinting and background investigations and other screening
  287  requirements for personnel.
  288         5. Execute and submit to the department an affidavit-of
  289  application form, adopted by the department, attesting to his or
  290  her compliance with subparagraphs 1.-4. The affidavit must be
  291  executed under oath and constitutes an official statement under
  292  s. 837.06. The affidavit must include conspicuous language that
  293  the intentional false execution of the affidavit constitutes a
  294  misdemeanor of the second degree. The employing agency shall
  295  retain the affidavit.
  296         (b) Design, implement, maintain, evaluate, and revise an
  297  advanced training program, including a competency-based
  298  examination for each training course, which is intended to
  299  enhance knowledge, skills, and abilities related to job
  300  performance.
  301         (c) Design, implement, maintain, evaluate, and revise a
  302  career development training program, including a competency
  303  based examination for each training course. Career development
  304  courses are intended to prepare personnel for promotion.
  305         (d) The department commission is encouraged to design,
  306  implement, maintain, evaluate, and revise juvenile justice
  307  training courses, or to enter into contracts for such training
  308  courses, that are intended to provide for the safety and well
  309  being of both citizens and juvenile offenders.
  310         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
  311         (a) There is created within the State Treasury a Juvenile
  312  Justice Training Trust Fund to be used by the department of
  313  Juvenile Justice for the purpose of funding the development and
  314  updating of a job-task analysis of juvenile justice personnel;
  315  the development, implementation, and updating of job-related
  316  training courses and examinations; and the cost of commission
  317  approved juvenile justice training courses; and reimbursement
  318  for expenses as provided in s. 112.061 for members of the
  319  commission and staff.
  320         (b) One dollar from every noncriminal traffic infraction
  321  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
  322  deposited into the Juvenile Justice Training Trust Fund.
  323         (c) In addition to the funds generated by paragraph (b),
  324  the trust fund may receive funds from any other public or
  325  private source.
  326         (d) Funds that are not expended by the end of the budget
  327  cycle or through a supplemental budget approved by the
  328  department shall revert to the trust fund.
  329         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
  330  The number, location, and establishment of juvenile justice
  331  training academies shall be determined by the department
  332  commission.
  333         (6) SCHOLARSHIPS AND STIPENDS.—
  334         (a) By rule, the department commission shall establish
  335  criteria to award scholarships or stipends to qualified juvenile
  336  justice personnel who are residents of the state who want to
  337  pursue a bachelor’s or associate in arts degree in juvenile
  338  justice or a related field. The department shall handle the
  339  administration of the scholarship or stipend. The Department of
  340  Education shall handle the notes issued for the payment of the
  341  scholarships or stipends. All scholarship and stipend awards
  342  shall be paid from the Juvenile Justice Training Trust Fund upon
  343  vouchers approved by the Department of Education and properly
  344  certified by the Chief Financial Officer. Prior to the award of
  345  a scholarship or stipend, the juvenile justice employee must
  346  agree in writing to practice her or his profession in juvenile
  347  justice or a related field for 1 month for each month of grant
  348  or to repay the full amount of the scholarship or stipend
  349  together with interest at the rate of 5 percent per annum over a
  350  period not to exceed 10 years. Repayment shall be made payable
  351  to the state for deposit into the Juvenile Justice Training
  352  Trust Fund.
  353         (b) The department commission may establish the scholarship
  354  program by rule and implement the program on or after July 1,
  355  1996.
  356         (7) ADOPTION OF RULES.—The department commission shall
  357  adopt rules as necessary to carry out the provisions of this
  358  section.
  359         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
  360  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
  361  Risk Management of the Department of Financial Services is
  362  authorized to insure a private agency, individual, or
  363  corporation operating a state-owned training school under a
  364  contract to carry out the purposes and responsibilities of any
  365  program of the department. The coverage authorized herein shall
  366  be under the same general terms and conditions as the department
  367  is insured for its responsibilities under chapter 284.
  368         (9) The Juvenile Justice Standards and Training Commission
  369  is terminated on June 30, 2001, and such termination shall be
  370  reviewed by the Legislature prior to that date.
  371         Section 14. Subsection (8) of section 985.48, Florida
  372  Statutes, is repealed.
  373         Section 15. This act shall take effect July 1, 2011.