HB 333

1	A bill to be entitled
2	An act relating to community-based juvenile justice;
3	creating s. 985.665, F.S.; providing legislative intent;
4	defining the term "regional coordinating agency";
5	providing requirements for a regional coordinating agency;
6	providing for the Department of Juvenile Justice to
7	contract with regional coordinating agencies for specified
8	services relating to juvenile justice; providing for
9	annual measurement and reporting concerning the outcomes
10	and effectiveness of community-based juvenile justice
11	services; requiring regional coordinating agencies to
12	comply with specified requirements; providing for
13	liability of regional coordinating agencies and contracted
14	providers with respect to the treatment of juvenile
15	offenders; providing for governance of regional
16	coordinating agencies; providing for 2-year pilot programs
17	in specified judicial circuits; requiring reports;
18	providing an effective date.
19
20	WHEREAS, 94 percent of Florida youth grow up to be
21	productive citizens, but the 6 percent of Florida youth that
22	become delinquent cost the state of Florida an average of $5,200
23	per child annually according to 2008 statistics, and
24	WHEREAS, according to national studies, 27 percent of
25	abused or neglected children become delinquent, and
26	WHEREAS, one of the most effective ways to reduce
27	delinquency is to prevent child abuse, abandonment, and neglect,
28	and
29	WHEREAS, Florida's juvenile commitment programs have a 39
30	percent recidivism rate within 1 year, and
31	WHEREAS, the Department of Juvenile Justice shows that 59
32	percent of the juveniles being rearrested offend within 120 days
33	after being released, revealing a critical transition period
34	currently not being addressed, and
35	WHEREAS, the State of Washington undertook a study which
36	demonstrated that a significant level of future prison
37	construction can be avoided, taxpayer dollars can be saved, and
38	crime rates can be reduced by a portfolio of evidence-based
39	youth service options, and
40	WHEREAS, it has been proven that at-risk youth benefit from
41	a comprehensive approach through coordination of intensive
42	prevention, diversion, and family services, and
43	WHEREAS, local management fosters all these approaches,
44	ensures stronger relationships between providers and the family,
45	and allows providers to assist in strengthening relationships
46	between the child and the family, and
47	WHEREAS, instead of competing for funding, prevention,
48	diversion, and juvenile justice services should cooperate with
49	the goal of keeping youth out of juvenile detention, NOW,
50	THEREFORE,
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  Section 985.665, Florida Statutes, is created
55	to read:
56	985.665  Community-based juvenile justice.-
57	(1)(a)  It is the intent of the Legislature to direct the
58	department to contract with competent community-based agencies
59	to coordinate and manage juvenile justice and related services.
60	By implementing community-based juvenile justice, the community-
61	based regional coordinating agency will provide flexibility to
62	assess needs, apportion the funds allocated to the department
63	for this purpose, and build the appropriate continuum of care
64	resulting in more local ownership of juvenile justice problems
65	and better service outcomes. The community-based juvenile
66	justice model is designed to treat most of the juveniles in
67	services that are located and managed in their home communities
68	and that will promote greater family involvement and engagement,
69	promote better system and service coordination, and achieve more
70	significant economic and operational efficiencies. These
71	services may include intervention, prevention, assessment
72	centers, diversion programs, civil citation, home detention,
73	alternatives to detention, community-based services, probation,
74	day treatment, independent living, evidence-based programs,
75	residential programming, and detention.
76	(b)  As used in this section, the term "regional
77	coordinating agency" means a single nonprofit or county
78	government agency with which the department shall contract for
79	the provision of juvenile justice services in a community that
80	consists of at least one entire county.
81	(c)  The requirements for a regional coordinating agency
82	include, but are not limited to:
83	1.  The organizational infrastructure and financial
84	capacity to coordinate, integrate, and manage all juvenile
85	justice services in the designated community in cooperation with
86	law enforcement and the judiciary.
87	2.  The ability to ensure continuity of care from entry to
88	exit for all juveniles referred to the agency by law enforcement
89	agencies, the court system, and other referral sources.
90	3.  The ability to contract with providers to create a
91	local network of juvenile justice services.
92	4.  The willingness to accept accountability for meeting
93	the outcomes and performance standards related to juvenile
94	justice established by the Legislature and the Federal
95	Government.
96	5.  The capability and willingness to serve all juveniles
97	referred to the agency by law enforcement agencies and the court
98	system with funding from the department.
99	6.  The willingness to ensure that each individual who
100	provides juvenile justice services has successfully completed
101	the training required by the department as of July 1, 2011.
102	(2)  The department shall contract with the regional
103	coordinating agency for the delivery, administration, and
104	management of services, including the services specified in
105	subsection (1) relating to juvenile justice, and other related
106	services or programs, as appropriate. The department shall
107	retain responsibility for the quality of contracted services and
108	programs and shall ensure that services are delivered in
109	accordance with applicable federal and state statutes and
110	regulations.
111	(3)(a)  The department, in partnership with an objective,
112	competent entity, shall establish a quality assurance program
113	for community-based juvenile justice. The quality assurance
114	program must include national standards for each specific
115	component of these services. The department, in consultation
116	with the regional coordinating agencies that are undertaking
117	community-based juvenile justice, shall establish minimum
118	thresholds for each component of service. Each regional
119	coordinating agency must be evaluated annually by the department
120	or by an objective, competent entity designated by the
121	department under the provisions of the quality assurance
122	program.
123	(b)  The department shall establish and operate a
124	comprehensive system to measure and report annually the outcomes
125	and effectiveness of the services that are part of the regional
126	coordinating agencies' community-based juvenile justice service
127	programs. The department shall use these findings in making
128	recommendations to the Governor and the Legislature for future
129	program and funding priorities in the juvenile justice system.
130	(4)  The regional coordinating agency must comply with
131	statutory requirements and agency regulations in the provision
132	of contractual services. Each regional coordinating agency must
133	contract with providers meeting the current department standards
134	under this chapter. The department, in order to eliminate or
135	reduce the number of duplicate inspections by various program
136	offices, shall coordinate inspections required pursuant to
137	approval of agencies under this section.
138	(5)  With respect to the treatment of juvenile offenders
139	under this section, regional coordinating agencies and
140	contracted providers shall be treated as the state and its
141	agencies and subdivisions for liability purposes under s.
142	768.28.
143	(6)  The operations of a regional coordinating agency shall
144	be governed by a local board of directors, of which 75 percent
145	of the membership shall be comprised of persons residing within
146	the service area of the regional coordinating agency.
147	(7)  Beginning in the 2011-2012 fiscal year, the department
148	shall establish a minimum of three pilot sites to operate for 2
149	years each. These pilot sites must be established in judicial
150	circuits 2, 6, and 11. Regional coordinating agencies may be
151	selected from a single source pursuant to s. 287.057(3)(c) and
152	must be established organizations within the circuit. The
153	department shall select the regional coordinating agencies for
154	each of the pilot sites by December 1, 2011. Contracts with
155	organizations responsible for the pilots shall include the
156	management and administration of all juvenile justice services
157	specified in subsection (1). The department is required to
158	transfer all administrative and operational funding associated
159	with these services to the regional coordinating agency, less
160	those funds necessary to provide and coordinate management of
161	quality assurance and oversight. Each regional coordinating
162	agency that participates in the pilot effort or any future
163	community-based juvenile justice effort as described in this
164	section must thoroughly analyze and report the complete direct
165	and indirect costs of delivering these services through the
166	department and the full cost of community-based juvenile
167	justice, including the cost of monitoring and evaluating the
168	contracted services. No later than January 31 of each year,
169	beginning in 2013, the department shall submit the evaluation
170	regarding quality performance, outcome measure attainment, and
171	cost efficiency, as provided in paragraph (3)(b), for each pilot
172	program in operation during the preceding fiscal year, to the
173	President of the Senate, the Speaker of the House of
174	Representatives, the minority leaders of the Senate and the
175	House of Representatives, and the Governor.
176	Section 2.  This act shall take effect July 1, 2011.

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