Florida Senate - 2012                              CS for SB 504
       
       
       
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       591-00991-12                                           2012504c1
    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. 985.14, 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  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsections (49) through (56) of section 984.03,
   28  Florida Statutes, are renumbered as subsections (48) through
   29  (55), respectively, and present subsection (48) of that section
   30  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 process
   74  that identifies the priority needs of each individual child for
   75  rehabilitation and treatment and identifies any needs of the
   76  child’s parents or guardians for services that would enhance
   77  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 restrictiveness
  102  level defined in s. 985.03. Such commitment must be for the
  103  purpose of exercising active control over the child, including,
  104  but not limited to, custody, care, training, monitoring for
  105  substance abuse, electronic monitoring, and treatment of the
  106  child and release of the child from residential commitment into
  107  the community in a postcommitment nonresidential conditional
  108  release program. If the child is not successful in the
  109  conditional release program, the department may use the transfer
  110  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 the child’s 22nd birthday.
  202  However, if the child is not successful in the conditional
  203  release program, the department may use the transfer procedure
  204  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.