| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Juvenile Justice; |
| 3 | amending s. 984.03, F.S.; deleting obsolete |
| 4 | references; amending s. 985.03, F.S.; creating and |
| 5 | revising definitions; amending s. 984.14, F.S.; |
| 6 | deleting obsolete references; amending s. 985.441, |
| 7 | F.S.; deleting an obsolete provision; amending s. |
| 8 | 985.601, F.S.; revising the types of diversified and |
| 9 | innovative programs to provide rehabilitative |
| 10 | treatment that may be developed or contracted for by |
| 11 | the department, to include mother-infant programs and |
| 12 | remove reference to an obsolete program; authorizing |
| 13 | the department, at the secretary's discretion, to pay |
| 14 | up to a specified amount toward the basic funeral |
| 15 | expenses for a youth who dies while in the custody of |
| 16 | the department and whose parents or guardians are |
| 17 | indigent and for which no other funding is available; |
| 18 | amending s. 985.0301, F.S.; deleting obsolete or |
| 19 | unnecessary references and language; amending s. |
| 20 | 985.045, F.S.; conforming a cross-reference; amending |
| 21 | s. 985.688, F.S.; deleting obsolete references; |
| 22 | amending s. 985.721, F.S.; conforming a cross- |
| 23 | reference; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsections (49) through (56) of section |
| 28 | 984.03, Florida Statutes, are renumbered as subsections (48) |
| 29 | through (55), respectively, and present subsection (48) of that |
| 30 | section is amended to read: |
| 31 | 984.03 Definitions.-When used in this chapter, the term: |
| 32 | (48) "Serious or habitual juvenile offender program" means |
| 33 | the program established in s. 985.47. |
| 34 | Section 2. Subsection (29) of section 985.03, Florida |
| 35 | Statutes, is amended, subsections (37) through (57) of that |
| 36 | section are renumbered as subsections (38) through (58), |
| 37 | respectively, and a new subsection (37) is added to that |
| 38 | section, to read: |
| 39 | 985.03 Definitions.-As used in this chapter, the term: |
| 40 | (29) "Juvenile justice continuum" includes, but is not |
| 41 | limited to, delinquency prevention programs and services |
| 42 | designed for the purpose of preventing or reducing delinquent |
| 43 | acts, including criminal activity by criminal gangs, and |
| 44 | juvenile arrests, as well as programs and services targeted at |
| 45 | children who have committed delinquent acts, and children who |
| 46 | have previously been committed to residential treatment programs |
| 47 | for delinquents. The term includes children-in-need-of-services |
| 48 | and families-in-need-of-services programs; conditional release; |
| 49 | substance abuse and mental health programs; educational and |
| 50 | career programs; recreational programs; community services |
| 51 | programs; community service work programs; mother-infant |
| 52 | programs; and alternative dispute resolution programs serving |
| 53 | children at risk of delinquency and their families, whether |
| 54 | offered or delivered by state or local governmental entities, |
| 55 | public or private for-profit or not-for-profit organizations, or |
| 56 | religious or charitable organizations. |
| 57 | (37) "Mother-infant program" means a residential program |
| 58 | designed to serve the needs of juvenile mothers or expectant |
| 59 | juvenile mothers who are committed as delinquents, which is |
| 60 | operated or contracted by the department. A mother-infant |
| 61 | program facility must be licensed as a child care facility under |
| 62 | s. 402.308 and must provide the services and support necessary |
| 63 | to enable each juvenile mother committed to the facility to |
| 64 | provide for the needs of her infants who, upon agreement of the |
| 65 | mother, may accompany them in the program. |
| 66 | Section 3. Paragraph (a) of subsection (3) of section |
| 67 | 985.14, Florida Statutes, is amended to read: |
| 68 | 985.14 Intake and case management system.- |
| 69 | (3) The intake and case management system shall facilitate |
| 70 | consistency in the recommended placement of each child, and in |
| 71 | the assessment, classification, and placement process, with the |
| 72 | following purposes: |
| 73 | (a) An individualized, multidisciplinary assessment |
| 74 | process that identifies the priority needs of each individual |
| 75 | child for rehabilitation and treatment and identifies any needs |
| 76 | of the child's parents or guardians for services that would |
| 77 | enhance their ability to provide adequate support, guidance, and |
| 78 | supervision for the child. This process shall begin with the |
| 79 | detention risk assessment instrument and decision, shall include |
| 80 | the intake preliminary screening and comprehensive assessment |
| 81 | for substance abuse treatment services, mental health services, |
| 82 | retardation services, literacy services, and other educational |
| 83 | and treatment services as components, additional assessment of |
| 84 | the child's treatment needs, and classification regarding the |
| 85 | child's risks to the community and, for a serious or habitual |
| 86 | delinquent child, shall include the assessment for placement in |
| 87 | a serious or habitual delinquent children program under s. |
| 88 | 985.47. The completed multidisciplinary assessment process shall |
| 89 | result in the predisposition report. |
| 90 | Section 4. Subsection (1) of section 985.441, Florida |
| 91 | Statutes, is amended to read: |
| 92 | 985.441 Commitment.- |
| 93 | (1) The court that has jurisdiction of an adjudicated |
| 94 | delinquent child may, by an order stating the facts upon which a |
| 95 | determination of a sanction and rehabilitative program was made |
| 96 | at the disposition hearing: |
| 97 | (a) Commit the child to a licensed child-caring agency |
| 98 | willing to receive the child; however, the court may not commit |
| 99 | the child to a jail or to a facility used primarily as a |
| 100 | detention center or facility or shelter. |
| 101 | (b) Commit the child to the department at a |
| 102 | restrictiveness level defined in s. 985.03. Such commitment must |
| 103 | be for the purpose of exercising active control over the child, |
| 104 | including, but not limited to, custody, care, training, |
| 105 | monitoring for substance abuse, electronic monitoring, and |
| 106 | treatment of the child and release of the child from residential |
| 107 | commitment into the community in a postcommitment nonresidential |
| 108 | conditional release program. If the child is not successful in |
| 109 | the conditional release program, the department may use the |
| 110 | transfer procedure under subsection (4). |
| 111 | (c) Commit the child to the department for placement in a |
| 112 | program or facility for serious or habitual juvenile offenders |
| 113 | in accordance with s. 985.47. |
| 114 | 1. Following a delinquency adjudicatory hearing under s. |
| 115 | 985.35 and a delinquency disposition hearing under s. 985.433 |
| 116 | that results in a commitment determination, the court shall, on |
| 117 | its own or upon request by the state or the department, |
| 118 | determine whether the protection of the public requires that the |
| 119 | child be placed in a program for serious or habitual juvenile |
| 120 | offenders and whether the particular needs of the child would be |
| 121 | best served by a program for serious or habitual juvenile |
| 122 | offenders as provided in s. 985.47. The determination shall be |
| 123 | made under ss. 985.47(1) and 985.433(7). |
| 124 | 2. Any commitment of a child to a program or facility for |
| 125 | serious or habitual juvenile offenders must be for an |
| 126 | indeterminate period of time, but the time may not exceed the |
| 127 | maximum term of imprisonment that an adult may serve for the |
| 128 | same offense. |
| 129 | (c)(d) Commit the child to the department for placement in |
| 130 | a program or facility for juvenile sexual offenders in |
| 131 | accordance with s. 985.48, subject to specific appropriation for |
| 132 | such a program or facility. |
| 133 | 1. The child may only be committed for such placement |
| 134 | pursuant to determination that the child is a juvenile sexual |
| 135 | offender under the criteria specified in s. 985.475. |
| 136 | 2. Any commitment of a juvenile sexual offender to a |
| 137 | program or facility for juvenile sexual offenders must be for an |
| 138 | indeterminate period of time, but the time may not exceed the |
| 139 | maximum term of imprisonment that an adult may serve for the |
| 140 | same offense. |
| 141 | Section 5. Paragraph (a) of subsection (3) of section |
| 142 | 985.601, Florida Statutes, is amended, and subsection (11) is |
| 143 | added to that section, to read: |
| 144 | 985.601 Administering the juvenile justice continuum.- |
| 145 | (3)(a) The department shall develop or contract for |
| 146 | diversified and innovative programs to provide rehabilitative |
| 147 | treatment, including early intervention and prevention, |
| 148 | diversion, comprehensive intake, case management, diagnostic and |
| 149 | classification assessments, individual and family counseling, |
| 150 | shelter care, diversified detention care emphasizing |
| 151 | alternatives to secure detention, diversified probation, halfway |
| 152 | houses, foster homes, community-based substance abuse treatment |
| 153 | services, community-based mental health treatment services, |
| 154 | community-based residential and nonresidential programs, mother- |
| 155 | infant programs, and environmental programs, and programs for |
| 156 | serious or habitual juvenile offenders. Each program shall place |
| 157 | particular emphasis on reintegration and conditional release for |
| 158 | all children in the program. |
| 159 | (11) At the secretary's discretion, the department is |
| 160 | authorized to pay up to $5,000 toward the basic funeral expenses |
| 161 | for a youth who dies while in the custody of the department and |
| 162 | whose parents or guardians are indigent and unable to pay such |
| 163 | expenses and for which there is no other source of funding |
| 164 | available. |
| 165 | Section 6. Subsection (5) of section 985.0301, Florida |
| 166 | Statutes, is amended to read: |
| 167 | 985.0301 Jurisdiction.- |
| 168 | (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, |
| 169 | 985.435, 985.439, and 985.441, and except as provided in ss. |
| 170 | 985.461 and, 985.465, and 985.47 and paragraph (f), when the |
| 171 | jurisdiction of any child who is alleged to have committed a |
| 172 | delinquent act or violation of law is obtained, the court shall |
| 173 | retain jurisdiction, unless relinquished by its order, until the |
| 174 | child reaches 19 years of age, with the same power over the |
| 175 | child which the court had before the child became an adult. For |
| 176 | the purposes of s. 985.461, the court may retain jurisdiction |
| 177 | for an additional 365 days following the child's 19th birthday |
| 178 | if the child is participating in transition-to-adulthood |
| 179 | services. The additional services do not extend involuntary |
| 180 | court-sanctioned residential commitment and therefore require |
| 181 | voluntary participation by the affected youth. |
| 182 | (b) Notwithstanding ss. 743.07 and 985.455(3), and except |
| 183 | as provided in s. 985.47, the term of any order placing a child |
| 184 | in a probation program must be until the child's 19th birthday |
| 185 | unless he or she is released by the court on the motion of an |
| 186 | interested party or on his or her own motion. |
| 187 | (c) Notwithstanding ss. 743.07 and 985.455(3), and except |
| 188 | as provided in s. 985.47, the term of the commitment must be |
| 189 | until the child is discharged by the department or until he or |
| 190 | she reaches the age of 21 years. Notwithstanding ss. 743.07, |
| 191 | 985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and |
| 192 | except as provided in this section and s. 985.47, a child may |
| 193 | not be held under a commitment from a court under s. 985.439, s. |
| 194 | 985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of |
| 195 | age. |
| 196 | (d) The court may retain jurisdiction over a child |
| 197 | committed to the department for placement in a juvenile prison |
| 198 | or in a high-risk or maximum-risk residential commitment program |
| 199 | to allow the child to participate in a juvenile conditional |
| 200 | release program pursuant to s. 985.46. The jurisdiction of the |
| 201 | court may not be retained after beyond the child's 22nd |
| 202 | birthday. However, if the child is not successful in the |
| 203 | conditional release program, the department may use the transfer |
| 204 | procedure under s. 985.441(4). |
| 205 | (e) The court may retain jurisdiction over a child |
| 206 | committed to the department for placement in an intensive |
| 207 | residential treatment program for 10-year-old to 13-year-old |
| 208 | offenders, in the residential commitment program in a juvenile |
| 209 | prison or, in a residential sex offender program, or in a |
| 210 | program for serious or habitual juvenile offenders as provided |
| 211 | in s. 985.47 or s. 985.483 until the child reaches the age of |
| 212 | 21. If the court exercises this jurisdiction retention, it shall |
| 213 | do so solely for the purpose of the child completing the |
| 214 | intensive residential treatment program for 10-year-old to 13- |
| 215 | year-old offenders, in the residential commitment program in a |
| 216 | juvenile prison, or in a residential sex offender program, or |
| 217 | the program for serious or habitual juvenile offenders. Such |
| 218 | jurisdiction retention does not apply for other programs, other |
| 219 | purposes, or new offenses. |
| 220 | (f) The court may retain jurisdiction over a child |
| 221 | committed to a juvenile correctional facility or a juvenile |
| 222 | prison until the child reaches the age of 21 years, specifically |
| 223 | for the purpose of allowing the child to complete such program. |
| 224 | (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious |
| 225 | or habitual juvenile offender shall not be held under commitment |
| 226 | from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565 |
| 227 | after becoming 21 years of age. This subparagraph shall apply |
| 228 | only for the purpose of completing the serious or habitual |
| 229 | juvenile offender program under this chapter and shall be used |
| 230 | solely for the purpose of treatment. |
| 231 | 2. The court may retain jurisdiction over a child who has |
| 232 | been placed in a program or facility for serious or habitual |
| 233 | juvenile offenders until the child reaches the age of 21, |
| 234 | specifically for the purpose of the child completing the |
| 235 | program. |
| 236 | (g)(h) The court may retain jurisdiction over a juvenile |
| 237 | sexual offender who has been placed in a program or facility for |
| 238 | juvenile sexual offenders until the juvenile sexual offender |
| 239 | reaches the age of 21, specifically for the purpose of |
| 240 | completing the program. |
| 241 | (h)(i) The court may retain jurisdiction over a child and |
| 242 | the child's parent or legal guardian whom the court has ordered |
| 243 | to pay restitution until the restitution order is satisfied. To |
| 244 | retain jurisdiction, the court shall enter a restitution order, |
| 245 | which is separate from any disposition or order of commitment, |
| 246 | on or prior to the date that the court's jurisdiction would |
| 247 | cease under this section. The contents of the restitution order |
| 248 | shall be limited to the child's name and address, the name and |
| 249 | address of the parent or legal guardian, the name and address of |
| 250 | the payee, the case number, the date and amount of restitution |
| 251 | ordered, any amount of restitution paid, the amount of |
| 252 | restitution due and owing, and a notation that costs, interest, |
| 253 | penalties, and attorney attorney's fees may also be due and |
| 254 | owing. The terms of the restitution order are subject to s. |
| 255 | 775.089(5). |
| 256 | (i)(j) This subsection does not prevent the exercise of |
| 257 | jurisdiction by any court having jurisdiction of the child if |
| 258 | the child, after becoming an adult, commits a violation of law. |
| 259 | Section 7. Subsection (5) of section 985.045, Florida |
| 260 | Statutes, is amended to read: |
| 261 | 985.045 Court records.- |
| 262 | (5) This chapter does not prohibit a circuit court from |
| 263 | providing a restitution order containing the information |
| 264 | prescribed in s. 985.0301(5)(h) 985.0301(5)(i) to a collection |
| 265 | court or a private collection agency for the sole purpose of |
| 266 | collecting unpaid restitution ordered in a case in which the |
| 267 | circuit court has retained jurisdiction over the child and the |
| 268 | child's parent or legal guardian. The collection court or |
| 269 | private collection agency shall maintain the confidential status |
| 270 | of the information to the extent such confidentiality is |
| 271 | provided by law. |
| 272 | Section 8. Subsection (2) of section 985.688, Florida |
| 273 | Statutes, is amended to read: |
| 274 | 985.688 Administering county and municipal delinquency |
| 275 | programs and facilities.- |
| 276 | (2) A county or municipal government may develop or |
| 277 | contract for innovative programs that provide rehabilitative |
| 278 | treatment with particular emphasis on reintegration and |
| 279 | conditional release for all children in the program, including |
| 280 | halfway houses and community-based substance abuse treatment |
| 281 | services, mental health treatment services, residential and |
| 282 | nonresidential programs, and environmental programs, and |
| 283 | programs for serious or habitual juvenile offenders. |
| 284 | Section 9. Subsection (2) of section 985.721, Florida |
| 285 | Statutes, is amended to read: |
| 286 | 985.721 Escapes from secure detention or residential |
| 287 | commitment facility.-An escape from: |
| 288 | (2) Any residential commitment facility described in s. |
| 289 | 985.03(46) 985.03(45), maintained for the custody, treatment, |
| 290 | punishment, or rehabilitation of children found to have |
| 291 | committed delinquent acts or violations of law; or |
| 292 |
|
| 293 | constitutes escape within the intent and meaning of s. 944.40 |
| 294 | and is a felony of the third degree, punishable as provided in |
| 295 | s. 775.082, s. 775.083, or s. 775.084. |
| 296 | Section 10. This act shall take effect July 1, 2012. |