HB 173

1
A bill to be entitled
2An act relating to the Department of Juvenile Justice;
3amending ss. 984.03 and 985.14, F.S.; deleting
4obsolete references; amending s. 985.441, F.S.;
5deleting an obsolete provision; authorizing the
6department to place a juvenile adjudicated delinquent
7in a mother-infant program designed to serve the needs
8of juvenile mothers or expectant juvenile mothers;
9providing requirements for such a program; amending s.
10985.601, F.S.; authorizing the department, at the
11secretary's discretion, to pay up to a specified
12amount toward the basic funeral expenses for a youth
13who dies while in the custody of the department and
14whose parents or guardians are indigent and for which
15no other funding is available; amending s. 985.0301,
16F.S.; conforming a cross-reference; deleting obsolete
17references; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsections (49) through (56) of section
22984.03, Florida Statutes, are renumbered as subsections (48)
23through (55), respectively, and present subsection (48) of that
24section is amended to read:
25     984.03  Definitions.-When used in this chapter, the term:
26     (48)  "Serious or habitual juvenile offender program" means
27the program established in s. 985.47.
28     Section 2.  Paragraph (a) of subsection (3) of section
29985.14, Florida Statutes, is amended to read:
30     985.14  Intake and case management system.-
31     (3)  The intake and case management system shall facilitate
32consistency in the recommended placement of each child, and in
33the assessment, classification, and placement process, with the
34following purposes:
35     (a)  An individualized, multidisciplinary assessment
36process that identifies the priority needs of each individual
37child for rehabilitation and treatment and identifies any needs
38of the child's parents or guardians for services that would
39enhance their ability to provide adequate support, guidance, and
40supervision for the child. This process shall begin with the
41detention risk assessment instrument and decision, shall include
42the intake preliminary screening and comprehensive assessment
43for substance abuse treatment services, mental health services,
44retardation services, literacy services, and other educational
45and treatment services as components, additional assessment of
46the child's treatment needs, and classification regarding the
47child's risks to the community and, for a serious or habitual
48delinquent child, shall include the assessment for placement in
49a serious or habitual delinquent children program under s.
50985.47. The completed multidisciplinary assessment process shall
51result in the predisposition report.
52     Section 3.  Subsection (1) of section 985.441, Florida
53Statutes, is amended to read:
54     985.441  Commitment.-
55     (1)  The court that has jurisdiction of an adjudicated
56delinquent child may, by an order stating the facts upon which a
57determination of a sanction and rehabilitative program was made
58at the disposition hearing:
59     (a)  Commit the child to a licensed child-caring agency
60willing to receive the child; however, the court may not commit
61the child to a jail or to a facility used primarily as a
62detention center or facility or shelter.
63     (b)  Commit the child to the department at a
64restrictiveness level defined in s. 985.03. Such commitment must
65be for the purpose of exercising active control over the child,
66including, but not limited to, custody, care, training,
67monitoring for substance abuse, electronic monitoring, and
68treatment of the child and release of the child from residential
69commitment into the community in a postcommitment nonresidential
70conditional release program. If the child is not successful in
71the conditional release program, the department may use the
72transfer procedure under subsection (4).
73     (c)  Commit the child to the department for placement in a
74program or facility for serious or habitual juvenile offenders
75in accordance with s. 985.47.
76     1.  Following a delinquency adjudicatory hearing under s.
77985.35 and a delinquency disposition hearing under s. 985.433
78that results in a commitment determination, the court shall, on
79its own or upon request by the state or the department,
80determine whether the protection of the public requires that the
81child be placed in a program for serious or habitual juvenile
82offenders and whether the particular needs of the child would be
83best served by a program for serious or habitual juvenile
84offenders as provided in s. 985.47. The determination shall be
85made under ss. 985.47(1) and 985.433(7).
86     2.  Any commitment of a child to a program or facility for
87serious or habitual juvenile offenders must be for an
88indeterminate period of time, but the time may not exceed the
89maximum term of imprisonment that an adult may serve for the
90same offense.
91     (c)(d)  Commit the child to the department for placement in
92a program or facility for juvenile sexual offenders in
93accordance with s. 985.48, subject to specific appropriation for
94such a program or facility.
95     1.  The child may only be committed for such placement
96pursuant to determination that the child is a juvenile sexual
97offender under the criteria specified in s. 985.475.
98     2.  Any commitment of a juvenile sexual offender to a
99program or facility for juvenile sexual offenders must be for an
100indeterminate period of time, but the time may not exceed the
101maximum term of imprisonment that an adult may serve for the
102same offense.
103     (d)  Commit the child to the department for placement in a
104mother-infant program designed to serve the needs of juvenile
105mothers or expectant juvenile mothers who are committed as
106delinquents. The department's mother-infant program must be
107licensed as a child care facility in accordance with s. 402.308
108and must provide the services and support necessary to enable
109the committed juvenile mothers to provide for the needs of their
110infants who, upon agreement of the mother, may accompany them in
111the program.
112     Section 4.  Subsection (11) is added to section 985.601,
113Florida Statutes, to read:
114     985.601  Administering the juvenile justice continuum.-
115     (11)  At the secretary's discretion, the department is
116authorized to pay up to $5,000 toward the basic funeral expenses
117for a youth who dies while in the custody of the department and
118whose parents or guardians are indigent and unable to pay such
119expenses and for which there is no other source of funding
120available.
121     Section 5.  Paragraphs (a), (b), (c), (e), and (g) of
122subsection (5) of section 985.0301, Florida Statutes, are
123amended to read:
124     985.0301  Jurisdiction.-
125     (5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
126985.435, 985.439, and 985.441, and except as provided in ss.
127985.461 and, 985.465, and 985.47 and paragraph (f), when the
128jurisdiction of any child who is alleged to have committed a
129delinquent act or violation of law is obtained, the court shall
130retain jurisdiction, unless relinquished by its order, until the
131child reaches 19 years of age, with the same power over the
132child which the court had before the child became an adult. For
133the purposes of s. 985.461, the court may retain jurisdiction
134for an additional 365 days following the child's 19th birthday
135if the child is participating in transition-to-adulthood
136services. The additional services do not extend involuntary
137court-sanctioned residential commitment and therefore require
138voluntary participation by the affected youth.
139     (b)  Notwithstanding ss. 743.07 and 985.455(3), and except
140as provided in s. 985.47, the term of any order placing a child
141in a probation program must be until the child's 19th birthday
142unless he or she is released by the court on the motion of an
143interested party or on his or her own motion.
144     (c)  Notwithstanding ss. 743.07 and 985.455(3), and except
145as provided in s. 985.47, the term of the commitment must be
146until the child is discharged by the department or until he or
147she reaches the age of 21 years. Notwithstanding ss. 743.07,
148985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and
149except as provided in this section and s. 985.47, a child may
150not be held under a commitment from a court under s. 985.439, s.
151985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of
152age.
153     (e)  The court may retain jurisdiction over a child
154committed to the department for placement in an intensive
155residential treatment program for 10-year-old to 13-year-old
156offenders, in the residential commitment program in a juvenile
157prison or, in a residential sex offender program, or in a
158program for serious or habitual juvenile offenders as provided
159in s. 985.47 or s. 985.483 until the child reaches the age of
16021. If the court exercises this jurisdiction retention, it shall
161do so solely for the purpose of the child completing the
162intensive residential treatment program for 10-year-old to 13-
163year-old offenders, in the residential commitment program in a
164juvenile prison, in a residential sex offender program, or the
165program for serious or habitual juvenile offenders. Such
166jurisdiction retention does not apply for other programs, other
167purposes, or new offenses.
168     (g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious
169or habitual juvenile offender shall not be held under commitment
170from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
171after becoming 21 years of age. This subparagraph shall apply
172only for the purpose of completing the serious or habitual
173juvenile offender program under this chapter and shall be used
174solely for the purpose of treatment.
175     2.  The court may retain jurisdiction over a child who has
176been placed in a program or facility for serious or habitual
177juvenile offenders until the child reaches the age of 21,
178specifically for the purpose of the child completing the
179program.
180     Section 6.  This act shall take effect July 1, 2012.


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