Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 504
       
       
       
       
       
       
                                Barcode 760176                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/17/2011           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (49) through (56) of section 984.03,
    6  Florida Statutes, are renumbered as subsections (48) through
    7  (55), respectively, and present subsection (48) of that section
    8  is amended to read:
    9         984.03 Definitions.—When used in this chapter, the term:
   10         (48) “Serious or habitual juvenile offender program” means
   11  the program established in s. 985.47.
   12         Section 2. Subsection (29) of section 985.03, Florida
   13  Statutes, is amended, subsections (37) through (57) of that
   14  section are renumbered as subsections (38) through (58),
   15  respectively, and a new subsection (37) is added to that
   16  section, to read:
   17         985.03 Definitions.—As used in this chapter, the term:
   18         (29) “Juvenile justice continuum” includes, but is not
   19  limited to, delinquency prevention programs and services
   20  designed for the purpose of preventing or reducing delinquent
   21  acts, including criminal activity by criminal gangs, and
   22  juvenile arrests, as well as programs and services targeted at
   23  children who have committed delinquent acts, and children who
   24  have previously been committed to residential treatment programs
   25  for delinquents. The term includes children-in-need-of-services
   26  and families-in-need-of-services programs; conditional release;
   27  substance abuse and mental health programs; educational and
   28  career programs; recreational programs; community services
   29  programs; community service work programs; mother-infant
   30  programs; and alternative dispute resolution programs serving
   31  children at risk of delinquency and their families, whether
   32  offered or delivered by state or local governmental entities,
   33  public or private for-profit or not-for-profit organizations, or
   34  religious or charitable organizations.
   35         (37) “Mother-infant program” means a residential program
   36  designed to serve the needs of juvenile mothers or expectant
   37  juvenile mothers who are committed as delinquents, which is
   38  operated or contracted by the department. A mother-infant
   39  program facility must be licensed as a child care facility under
   40  s. 402.308 and must provide the services and support necessary
   41  to enable each juvenile mother committed to the facility to
   42  provide for the needs of her infants who, upon agreement of the
   43  mother, may accompany them in the program.
   44         Section 3. Paragraph (a) of subsection (3) of section
   45  985.14, Florida Statutes, is amended to read:
   46         985.14 Intake and case management system.—
   47         (3) The intake and case management system shall facilitate
   48  consistency in the recommended placement of each child, and in
   49  the assessment, classification, and placement process, with the
   50  following purposes:
   51         (a) An individualized, multidisciplinary assessment process
   52  that identifies the priority needs of each individual child for
   53  rehabilitation and treatment and identifies any needs of the
   54  child’s parents or guardians for services that would enhance
   55  their ability to provide adequate support, guidance, and
   56  supervision for the child. This process shall begin with the
   57  detention risk assessment instrument and decision, shall include
   58  the intake preliminary screening and comprehensive assessment
   59  for substance abuse treatment services, mental health services,
   60  retardation services, literacy services, and other educational
   61  and treatment services as components, additional assessment of
   62  the child’s treatment needs, and classification regarding the
   63  child’s risks to the community and, for a serious or habitual
   64  delinquent child, shall include the assessment for placement in
   65  a serious or habitual delinquent children program under s.
   66  985.47. The completed multidisciplinary assessment process shall
   67  result in the predisposition report.
   68         Section 4. Subsection (1) of section 985.441, Florida
   69  Statutes, is amended to read:
   70         985.441 Commitment.—
   71         (1) The court that has jurisdiction of an adjudicated
   72  delinquent child may, by an order stating the facts upon which a
   73  determination of a sanction and rehabilitative program was made
   74  at the disposition hearing:
   75         (a) Commit the child to a licensed child-caring agency
   76  willing to receive the child; however, the court may not commit
   77  the child to a jail or to a facility used primarily as a
   78  detention center or facility or shelter.
   79         (b) Commit the child to the department at a restrictiveness
   80  level defined in s. 985.03. Such commitment must be for the
   81  purpose of exercising active control over the child, including,
   82  but not limited to, custody, care, training, monitoring for
   83  substance abuse, electronic monitoring, and treatment of the
   84  child and release of the child from residential commitment into
   85  the community in a postcommitment nonresidential conditional
   86  release program. If the child is not successful in the
   87  conditional release program, the department may use the transfer
   88  procedure under subsection (4).
   89         (c) Commit the child to the department for placement in a
   90  program or facility for serious or habitual juvenile offenders
   91  in accordance with s. 985.47.
   92         1. Following a delinquency adjudicatory hearing under s.
   93  985.35 and a delinquency disposition hearing under s. 985.433
   94  that results in a commitment determination, the court shall, on
   95  its own or upon request by the state or the department,
   96  determine whether the protection of the public requires that the
   97  child be placed in a program for serious or habitual juvenile
   98  offenders and whether the particular needs of the child would be
   99  best served by a program for serious or habitual juvenile
  100  offenders as provided in s. 985.47. The determination shall be
  101  made under ss. 985.47(1) and 985.433(7).
  102         2. Any commitment of a child to a program or facility for
  103  serious or habitual juvenile offenders must be for an
  104  indeterminate period of time, but the time may not exceed the
  105  maximum term of imprisonment that an adult may serve for the
  106  same offense.
  107         (c)(d) Commit the child to the department for placement in
  108  a program or facility for juvenile sexual offenders in
  109  accordance with s. 985.48, subject to specific appropriation for
  110  such a program or facility.
  111         1. The child may only be committed for such placement
  112  pursuant to determination that the child is a juvenile sexual
  113  offender under the criteria specified in s. 985.475.
  114         2. Any commitment of a juvenile sexual offender to a
  115  program or facility for juvenile sexual offenders must be for an
  116  indeterminate period of time, but the time may not exceed the
  117  maximum term of imprisonment that an adult may serve for the
  118  same offense.
  119         Section 5. Paragraph (a) of subsection (3) of section
  120  985.601, Florida Statutes, is amended, and subsection (11) is
  121  added to that section, to read:
  122         985.601 Administering the juvenile justice continuum.—
  123         (3)(a) The department shall develop or contract for
  124  diversified and innovative programs to provide rehabilitative
  125  treatment, including early intervention and prevention,
  126  diversion, comprehensive intake, case management, diagnostic and
  127  classification assessments, individual and family counseling,
  128  shelter care, diversified detention care emphasizing
  129  alternatives to secure detention, diversified probation, halfway
  130  houses, foster homes, community-based substance abuse treatment
  131  services, community-based mental health treatment services,
  132  community-based residential and nonresidential programs, mother
  133  infant programs, and environmental programs, and programs for
  134  serious or habitual juvenile offenders. Each program shall place
  135  particular emphasis on reintegration and conditional release for
  136  all children in the program.
  137         (11) At the secretary’s discretion, the department is
  138  authorized to pay up to $5,000 toward the basic funeral expenses
  139  for a youth who dies while in the custody of the department and
  140  whose parents or guardians are indigent and unable to pay such
  141  expenses and for which there is no other source of funding
  142  available.
  143         Section 6. Subsection (5) of section 985.0301, Florida
  144  Statutes, is amended to read:
  145         985.0301 Jurisdiction.—
  146         (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433,
  147  985.435, 985.439, and 985.441, and except as provided in ss.
  148  985.461 and, 985.465, and 985.47 and paragraph (f), when the
  149  jurisdiction of any child who is alleged to have committed a
  150  delinquent act or violation of law is obtained, the court shall
  151  retain jurisdiction, unless relinquished by its order, until the
  152  child reaches 19 years of age, with the same power over the
  153  child which the court had before the child became an adult. For
  154  the purposes of s. 985.461, the court may retain jurisdiction
  155  for an additional 365 days following the child’s 19th birthday
  156  if the child is participating in transition-to-adulthood
  157  services. The additional services do not extend involuntary
  158  court-sanctioned residential commitment and therefore require
  159  voluntary participation by the affected youth.
  160         (b) Notwithstanding ss. 743.07 and 985.455(3), and except
  161  as provided in s. 985.47, the term of any order placing a child
  162  in a probation program must be until the child’s 19th birthday
  163  unless he or she is released by the court on the motion of an
  164  interested party or on his or her own motion.
  165         (c) Notwithstanding ss. 743.07 and 985.455(3), and except
  166  as provided in s. 985.47, the term of the commitment must be
  167  until the child is discharged by the department or until he or
  168  she reaches the age of 21 years. Notwithstanding ss. 743.07,
  169  985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and
  170  except as provided in this section and s. 985.47, a child may
  171  not be held under a commitment from a court under s. 985.439, s.
  172  985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of
  173  age.
  174         (d) The court may retain jurisdiction over a child
  175  committed to the department for placement in a juvenile prison
  176  or in a high-risk or maximum-risk residential commitment program
  177  to allow the child to participate in a juvenile conditional
  178  release program pursuant to s. 985.46. The jurisdiction of the
  179  court may not be retained after the child’s 22nd birthday.
  180  However, if the child is not successful in the conditional
  181  release program, the department may use the transfer procedure
  182  under s. 985.441(4).
  183         (e) The court may retain jurisdiction over a child
  184  committed to the department for placement in an intensive
  185  residential treatment program for 10-year-old to 13-year-old
  186  offenders, in the residential commitment program in a juvenile
  187  prison or, in a residential sex offender program, or in a
  188  program for serious or habitual juvenile offenders as provided
  189  in s. 985.47 or s. 985.483 until the child reaches the age of
  190  21. If the court exercises this jurisdiction retention, it shall
  191  do so solely for the purpose of the child completing the
  192  intensive residential treatment program for 10-year-old to 13
  193  year-old offenders, in the residential commitment program in a
  194  juvenile prison, or in a residential sex offender program, or
  195  the program for serious or habitual juvenile offenders. Such
  196  jurisdiction retention does not apply for other programs, other
  197  purposes, or new offenses.
  198         (f) The court may retain jurisdiction over a child
  199  committed to a juvenile correctional facility or a juvenile
  200  prison until the child reaches the age of 21 years, specifically
  201  for the purpose of allowing the child to complete such program.
  202         (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
  203  or habitual juvenile offender shall not be held under commitment
  204  from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
  205  after becoming 21 years of age. This subparagraph shall apply
  206  only for the purpose of completing the serious or habitual
  207  juvenile offender program under this chapter and shall be used
  208  solely for the purpose of treatment.
  209         2. The court may retain jurisdiction over a child who has
  210  been placed in a program or facility for serious or habitual
  211  juvenile offenders until the child reaches the age of 21,
  212  specifically for the purpose of the child completing the
  213  program.
  214         (g)(h) The court may retain jurisdiction over a juvenile
  215  sexual offender who has been placed in a program or facility for
  216  juvenile sexual offenders until the juvenile sexual offender
  217  reaches the age of 21, specifically for the purpose of
  218  completing the program.
  219         (h)(i) The court may retain jurisdiction over a child and
  220  the child’s parent or legal guardian whom the court has ordered
  221  to pay restitution until the restitution order is satisfied. To
  222  retain jurisdiction, the court shall enter a restitution order,
  223  which is separate from any disposition or order of commitment,
  224  on or prior to the date that the court’s jurisdiction would
  225  cease under this section. The contents of the restitution order
  226  shall be limited to the child’s name and address, the name and
  227  address of the parent or legal guardian, the name and address of
  228  the payee, the case number, the date and amount of restitution
  229  ordered, any amount of restitution paid, the amount of
  230  restitution due and owing, and a notation that costs, interest,
  231  penalties, and attorney attorney’s fees may also be due and
  232  owing. The terms of the restitution order are subject to s.
  233  775.089(5).
  234         (i)(j) This subsection does not prevent the exercise of
  235  jurisdiction by any court having jurisdiction of the child if
  236  the child, after becoming an adult, commits a violation of law.
  237         Section 7. Subsection (5) of section 985.045, Florida
  238  Statutes, is amended to read:
  239         985.045 Court records.—
  240         (5) This chapter does not prohibit a circuit court from
  241  providing a restitution order containing the information
  242  prescribed in s. 985.0301(5)(h) 985.0301(5)(i) to a collection
  243  court or a private collection agency for the sole purpose of
  244  collecting unpaid restitution ordered in a case in which the
  245  circuit court has retained jurisdiction over the child and the
  246  child’s parent or legal guardian. The collection court or
  247  private collection agency shall maintain the confidential status
  248  of the information to the extent such confidentiality is
  249  provided by law.
  250         Section 8. Subsection (2) of section 985.688, Florida
  251  Statutes, is amended to read:
  252         985.688 Administering county and municipal delinquency
  253  programs and facilities.—
  254         (2) A county or municipal government may develop or
  255  contract for innovative programs that provide rehabilitative
  256  treatment with particular emphasis on reintegration and
  257  conditional release for all children in the program, including
  258  halfway houses and community-based substance abuse treatment
  259  services, mental health treatment services, residential and
  260  nonresidential programs, and environmental programs, and
  261  programs for serious or habitual juvenile offenders.
  262         Section 9. Subsection (2) of section 985.721, Florida
  263  Statutes, is amended to read:
  264         985.721 Escapes from secure detention or residential
  265  commitment facility.—An escape from:
  266         (2) Any residential commitment facility described in s.
  267  985.03(46) 985.03(45), maintained for the custody, treatment,
  268  punishment, or rehabilitation of children found to have
  269  committed delinquent acts or violations of law; or
  270  
  271  constitutes escape within the intent and meaning of s. 944.40
  272  and is a felony of the third degree, punishable as provided in
  273  s. 775.082, s. 775.083, or s. 775.084.
  274         Section 10. This act shall take effect July 1, 2012.
  275  
  276  ================= T I T L E A M E N D M E N T ================
  277         And the title is amended as follows:
  278         Delete everything before the enacting clause
  279  and insert:
  280                        A bill to be entitled                      
  281         An act relating to the Department of Juvenile Justice;
  282         amending s. 984.03, F.S.; deleting obsolete
  283         references; amending s. 985.03, F.S.; creating and
  284         revising definitions; amending s. 984.14, F.S.;
  285         deleting obsolete references; amending s. 985.441,
  286         F.S.; deleting an obsolete provision; amending s.
  287         985.601, F.S.; revising the types of diversified and
  288         innovative programs to provide rehabilitative
  289         treatment that may be developed or contracted for by
  290         the department, to include mother-infant programs and
  291         remove reference to an obsolete program; authorizing
  292         the department, at the secretary’s discretion, to pay
  293         up to a specified amount toward the basic funeral
  294         expenses for a youth who dies while in the custody of
  295         the department and whose parents or guardians are
  296         indigent and for which no other funding is available;
  297         amending s. 985.0301, F.S.; deleting obsolete or
  298         unnecessary references and language; amending s.
  299         985.045, F.S.; conforming a cross-reference; amending
  300         s. 985.688, F.S.; deleting obsolete references;
  301         amending s. 985.721, F.S.; conforming a cross
  302         reference; providing an effective date.