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 |
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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. |