1 | A bill to be entitled |
2 | An act relating to the Department of Juvenile Justice; |
3 | amending ss. 984.03 and 985.14, F.S.; deleting |
4 | obsolete references; amending s. 985.441, F.S.; |
5 | deleting an obsolete provision; authorizing the |
6 | department to place a juvenile adjudicated delinquent |
7 | in a mother-infant program designed to serve the needs |
8 | of juvenile mothers or expectant juvenile mothers; |
9 | providing requirements for such a program; amending s. |
10 | 985.601, F.S.; authorizing the department, at the |
11 | secretary's discretion, to pay up to a specified |
12 | amount toward the basic funeral expenses for a youth |
13 | who dies while in the custody of the department and |
14 | whose parents or guardians are indigent and for which |
15 | no other funding is available; amending s. 985.0301, |
16 | F.S.; conforming a cross-reference; deleting obsolete |
17 | references; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Subsections (49) through (56) of section |
22 | 984.03, Florida Statutes, are renumbered as subsections (48) |
23 | through (55), respectively, and present subsection (48) of that |
24 | section is amended to read: |
25 | 984.03 Definitions.-When used in this chapter, the term: |
26 | (48) "Serious or habitual juvenile offender program" means |
27 | the program established in s. 985.47. |
28 | Section 2. Paragraph (a) of subsection (3) of section |
29 | 985.14, Florida Statutes, is amended to read: |
30 | 985.14 Intake and case management system.- |
31 | (3) The intake and case management system shall facilitate |
32 | consistency in the recommended placement of each child, and in |
33 | the assessment, classification, and placement process, with the |
34 | following purposes: |
35 | (a) An individualized, multidisciplinary assessment |
36 | process that identifies the priority needs of each individual |
37 | child for rehabilitation and treatment and identifies any needs |
38 | of the child's parents or guardians for services that would |
39 | enhance their ability to provide adequate support, guidance, and |
40 | supervision for the child. This process shall begin with the |
41 | detention risk assessment instrument and decision, shall include |
42 | the intake preliminary screening and comprehensive assessment |
43 | for substance abuse treatment services, mental health services, |
44 | retardation services, literacy services, and other educational |
45 | and treatment services as components, additional assessment of |
46 | the child's treatment needs, and classification regarding the |
47 | child's risks to the community and, for a serious or habitual |
48 | delinquent child, shall include the assessment for placement in |
49 | a serious or habitual delinquent children program under s. |
50 | 985.47. The completed multidisciplinary assessment process shall |
51 | result in the predisposition report. |
52 | Section 3. Subsection (1) of section 985.441, Florida |
53 | Statutes, is amended to read: |
54 | 985.441 Commitment.- |
55 | (1) The court that has jurisdiction of an adjudicated |
56 | delinquent child may, by an order stating the facts upon which a |
57 | determination of a sanction and rehabilitative program was made |
58 | at the disposition hearing: |
59 | (a) Commit the child to a licensed child-caring agency |
60 | willing to receive the child; however, the court may not commit |
61 | the child to a jail or to a facility used primarily as a |
62 | detention center or facility or shelter. |
63 | (b) Commit the child to the department at a |
64 | restrictiveness level defined in s. 985.03. Such commitment must |
65 | be for the purpose of exercising active control over the child, |
66 | including, but not limited to, custody, care, training, |
67 | monitoring for substance abuse, electronic monitoring, and |
68 | treatment of the child and release of the child from residential |
69 | commitment into the community in a postcommitment nonresidential |
70 | conditional release program. If the child is not successful in |
71 | the conditional release program, the department may use the |
72 | transfer procedure under subsection (4). |
73 | (c) Commit the child to the department for placement in a |
74 | program or facility for serious or habitual juvenile offenders |
75 | in accordance with s. 985.47. |
76 | 1. Following a delinquency adjudicatory hearing under s. |
77 | 985.35 and a delinquency disposition hearing under s. 985.433 |
78 | that results in a commitment determination, the court shall, on |
79 | its own or upon request by the state or the department, |
80 | determine whether the protection of the public requires that the |
81 | child be placed in a program for serious or habitual juvenile |
82 | offenders and whether the particular needs of the child would be |
83 | best served by a program for serious or habitual juvenile |
84 | offenders as provided in s. 985.47. The determination shall be |
85 | made under ss. 985.47(1) and 985.433(7). |
86 | 2. Any commitment of a child to a program or facility for |
87 | serious or habitual juvenile offenders must be for an |
88 | indeterminate period of time, but the time may not exceed the |
89 | maximum term of imprisonment that an adult may serve for the |
90 | same offense. |
91 | (c)(d) Commit the child to the department for placement in |
92 | a program or facility for juvenile sexual offenders in |
93 | accordance with s. 985.48, subject to specific appropriation for |
94 | such a program or facility. |
95 | 1. The child may only be committed for such placement |
96 | pursuant to determination that the child is a juvenile sexual |
97 | offender under the criteria specified in s. 985.475. |
98 | 2. Any commitment of a juvenile sexual offender to a |
99 | program or facility for juvenile sexual offenders must be for an |
100 | indeterminate period of time, but the time may not exceed the |
101 | maximum term of imprisonment that an adult may serve for the |
102 | same offense. |
103 | (d) Commit the child to the department for placement in a |
104 | mother-infant program designed to serve the needs of juvenile |
105 | mothers or expectant juvenile mothers who are committed as |
106 | delinquents. The department's mother-infant program must be |
107 | licensed as a child care facility in accordance with s. 402.308 |
108 | and must provide the services and support necessary to enable |
109 | the committed juvenile mothers to provide for the needs of their |
110 | infants who, upon agreement of the mother, may accompany them in |
111 | the program. |
112 | Section 4. Subsection (11) is added to section 985.601, |
113 | Florida Statutes, to read: |
114 | 985.601 Administering the juvenile justice continuum.- |
115 | (11) At the secretary's discretion, the department is |
116 | authorized to pay up to $5,000 toward the basic funeral expenses |
117 | for a youth who dies while in the custody of the department and |
118 | whose parents or guardians are indigent and unable to pay such |
119 | expenses and for which there is no other source of funding |
120 | available. |
121 | Section 5. Paragraphs (a), (b), (c), (e), and (g) of |
122 | subsection (5) of section 985.0301, Florida Statutes, are |
123 | amended to read: |
124 | 985.0301 Jurisdiction.- |
125 | (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, |
126 | 985.435, 985.439, and 985.441, and except as provided in ss. |
127 | 985.461 and, 985.465, and 985.47 and paragraph (f), when the |
128 | jurisdiction of any child who is alleged to have committed a |
129 | delinquent act or violation of law is obtained, the court shall |
130 | retain jurisdiction, unless relinquished by its order, until the |
131 | child reaches 19 years of age, with the same power over the |
132 | child which the court had before the child became an adult. For |
133 | the purposes of s. 985.461, the court may retain jurisdiction |
134 | for an additional 365 days following the child's 19th birthday |
135 | if the child is participating in transition-to-adulthood |
136 | services. The additional services do not extend involuntary |
137 | court-sanctioned residential commitment and therefore require |
138 | voluntary participation by the affected youth. |
139 | (b) Notwithstanding ss. 743.07 and 985.455(3), and except |
140 | as provided in s. 985.47, the term of any order placing a child |
141 | in a probation program must be until the child's 19th birthday |
142 | unless he or she is released by the court on the motion of an |
143 | interested party or on his or her own motion. |
144 | (c) Notwithstanding ss. 743.07 and 985.455(3), and except |
145 | as provided in s. 985.47, the term of the commitment must be |
146 | until the child is discharged by the department or until he or |
147 | she reaches the age of 21 years. Notwithstanding ss. 743.07, |
148 | 985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and |
149 | except as provided in this section and s. 985.47, a child may |
150 | not be held under a commitment from a court under s. 985.439, s. |
151 | 985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of |
152 | age. |
153 | (e) The court may retain jurisdiction over a child |
154 | committed to the department for placement in an intensive |
155 | residential treatment program for 10-year-old to 13-year-old |
156 | offenders, in the residential commitment program in a juvenile |
157 | prison or, in a residential sex offender program, or in a |
158 | program for serious or habitual juvenile offenders as provided |
159 | in s. 985.47 or s. 985.483 until the child reaches the age of |
160 | 21. If the court exercises this jurisdiction retention, it shall |
161 | do so solely for the purpose of the child completing the |
162 | intensive residential treatment program for 10-year-old to 13- |
163 | year-old offenders, in the residential commitment program in a |
164 | juvenile prison, in a residential sex offender program, or the |
165 | program for serious or habitual juvenile offenders. Such |
166 | jurisdiction retention does not apply for other programs, other |
167 | purposes, or new offenses. |
168 | (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious |
169 | or habitual juvenile offender shall not be held under commitment |
170 | from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565 |
171 | after becoming 21 years of age. This subparagraph shall apply |
172 | only for the purpose of completing the serious or habitual |
173 | juvenile offender program under this chapter and shall be used |
174 | solely for the purpose of treatment. |
175 | 2. The court may retain jurisdiction over a child who has |
176 | been placed in a program or facility for serious or habitual |
177 | juvenile offenders until the child reaches the age of 21, |
178 | specifically for the purpose of the child completing the |
179 | program. |
180 | Section 6. This act shall take effect July 1, 2012. |