Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1850
       
       
       
       
       
       
                                Barcode 559888                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Budget (Fasano) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 394.492, Florida
    6  Statutes, is amended to read:
    7         394.492 Definitions.—As used in ss. 394.490-394.497, the
    8  term:
    9         (4) “Child or adolescent at risk of emotional disturbance”
   10  means a person under 18 years of age who has an increased
   11  likelihood of becoming emotionally disturbed because of risk
   12  factors that include, but are not limited to:
   13         (a) Being homeless.
   14         (b) Having a family history of mental illness.
   15         (c) Being physically or sexually abused or neglected.
   16         (d) Abusing alcohol or other substances.
   17         (e) Being infected with human immunodeficiency virus (HIV).
   18         (f) Having a chronic and serious physical illness.
   19         (g) Having been exposed to domestic violence.
   20         (h) Having multiple out-of-home placements.
   21         (i)Being 9 years of age or younger at the time of referral
   22  for a delinquent act.
   23         Section 2. Section 985.02, Florida Statutes, is amended to
   24  read:
   25         985.02 Legislative intent for the juvenile justice system.—
   26         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   27  the Legislature that the children of this state be provided with
   28  the following protections:
   29         (a) Protection from abuse, neglect, and exploitation.
   30         (b) A permanent and stable home.
   31         (c) A safe and nurturing environment which will preserve a
   32  sense of personal dignity and integrity.
   33         (d) Adequate nutrition, shelter, and clothing.
   34         (e) Effective treatment to address physical, social, and
   35  emotional needs, regardless of geographical location.
   36         (f) Equal opportunity and access to quality and effective
   37  education, which will meet the individual needs of each child,
   38  and to recreation and other community resources to develop
   39  individual abilities.
   40         (g) Access to preventive services.
   41         (h) An independent, trained advocate when intervention is
   42  necessary, and a skilled guardian or caretaker in a safe
   43  environment when alternative placement is necessary.
   44         (i) Gender-specific programming and gender-specific program
   45  models and services that comprehensively address the needs of a
   46  targeted gender group.
   47         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
   48  children in the care of the state’s dependency and delinquency
   49  systems need appropriate health care services, that the impact
   50  of substance abuse on health indicates the need for health care
   51  services to include substance abuse services where appropriate,
   52  and that it is in the state’s best interest that such children
   53  be provided the services they need to enable them to become and
   54  remain independent of state care. In order to provide these
   55  services, the state’s dependency and delinquency systems must
   56  have the ability to identify and provide appropriate
   57  intervention and treatment for children with personal or family
   58  related substance abuse problems. It is therefore the purpose of
   59  the Legislature to provide authority for the state to contract
   60  with community substance abuse treatment providers for the
   61  development and operation of specialized support and overlay
   62  services for the dependency and delinquency systems, which will
   63  be fully implemented and utilized as resources permit.
   64         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
   65  policy of the state with respect to juvenile justice and
   66  delinquency prevention to first protect the public from acts of
   67  delinquency. In addition, it is the policy of the state to:
   68         (a) Develop and implement effective methods of preventing
   69  and reducing acts of delinquency, with a focus on maintaining
   70  and strengthening the family as a whole so that children may
   71  remain in their homes or communities.
   72         (b) Develop and implement effective programs to prevent
   73  delinquency, to divert children from the traditional juvenile
   74  justice system, to intervene at an early stage of delinquency,
   75  and to provide critically needed alternatives to
   76  institutionalization, and deep-end commitment, and secure
   77  detention.
   78         (c) Provide well-trained personnel, high-quality services,
   79  and cost-effective programs within the juvenile justice system.
   80         (d) Increase the capacity of local governments and public
   81  and private agencies to conduct rehabilitative treatment
   82  programs and to provide research, evaluation, and training
   83  services in the field of juvenile delinquency prevention.
   84  
   85  The Legislature intends that detention care, in addition to
   86  providing secure and safe custody, will promote the health and
   87  well-being of the children committed thereto and provide an
   88  environment that fosters their social, emotional, intellectual,
   89  and physical development.
   90         (4) DETENTION.—
   91         (a) The Legislature finds that there is a need for a secure
   92  placement for certain children alleged to have committed a
   93  delinquent act. The Legislature finds that detention should be
   94  used only when less restrictive interim placement alternatives
   95  prior to adjudication and disposition are not appropriate. The
   96  Legislature further finds that decisions to detain should be
   97  based in part on a prudent assessment of risk and be limited to
   98  situations where there is clear and convincing evidence that a
   99  child presents a risk of failing to appear or presents a
  100  substantial risk of inflicting bodily harm on others as
  101  evidenced by recent behavior; presents a history of committing a
  102  serious property offense prior to adjudication, disposition, or
  103  placement; has acted in direct or indirect contempt of court; or
  104  requests protection from imminent bodily harm.
  105         (b) The Legislature intends that a juvenile found to have
  106  committed a delinquent act understands the consequences and the
  107  serious nature of such behavior. Therefore, the Legislature
  108  finds that secure detention is appropriate to ensure public
  109  safety and guarantee a juvenile’s appearance in court provide
  110  punishment that discourages further delinquent behavior. The
  111  Legislature also finds that certain juveniles have committed a
  112  sufficient number of criminal acts, including acts involving
  113  violence to persons, to represent sufficient danger to the
  114  community to warrant sentencing and placement within the adult
  115  system. It is the intent of the Legislature to establish clear
  116  criteria in order to identify these juveniles and remove them
  117  from the juvenile justice system.
  118         (5) SERIOUS OR HABITUAL JUVENILE OFFENDERS.—The Legislature
  119  finds that fighting crime effectively requires a multipronged
  120  effort focusing on particular classes of delinquent children and
  121  the development of particular programs. This state’s juvenile
  122  justice system has an inadequate number of beds for serious or
  123  habitual juvenile offenders and an inadequate number of
  124  community and residential programs for a significant number of
  125  children whose delinquent behavior is due to or connected with
  126  illicit substance abuse. In addition, A significant number of
  127  children have been adjudicated in adult criminal court and
  128  placed in this state’s prisons where programs are inadequate to
  129  meet their rehabilitative needs and where space is needed for
  130  adult offenders. Recidivism rates for each of these classes of
  131  offenders exceed those tolerated by the Legislature and by the
  132  citizens of this state.
  133         (5)(6) SITING OF FACILITIES.—
  134         (a) The Legislature finds that timely siting and
  135  development of needed residential facilities for juvenile
  136  offenders is critical to the public safety of the citizens of
  137  this state and to the effective rehabilitation of juvenile
  138  offenders.
  139         (b) It is the purpose of the Legislature to guarantee that
  140  such facilities are sited and developed within reasonable
  141  timeframes after they are legislatively authorized and
  142  appropriated.
  143         (c) The Legislature further finds that such facilities must
  144  be located in areas of the state close to the home communities
  145  of the children they house in order to ensure the most effective
  146  rehabilitation efforts and the most intensive postrelease
  147  supervision and case management. Residential facilities shall
  148  have no more than 165 beds each, including campus-style
  149  programs, unless those campus-style programs include more than
  150  one level of restrictiveness, provide multilevel education and
  151  treatment programs using different treatment protocols, and have
  152  facilities that coexist separately in distinct locations on the
  153  same property.
  154         (d) It is the intent of the Legislature that all other
  155  departments and agencies of the state shall cooperate fully with
  156  the Department of Juvenile Justice to accomplish the siting of
  157  facilities for juvenile offenders.
  158  
  159  The supervision, counseling, rehabilitative treatment, and
  160  punitive efforts of the juvenile justice system should avoid the
  161  inappropriate use of correctional programs and large
  162  institutions. The Legislature finds that detention services
  163  should exceed the primary goal of providing safe and secure
  164  custody pending adjudication and disposition.
  165         (6)(7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  166  Parents, custodians, and guardians are deemed by the state to be
  167  responsible for providing their children with sufficient
  168  support, guidance, and supervision to deter their participation
  169  in delinquent acts. The state further recognizes that the
  170  ability of parents, custodians, and guardians to fulfill those
  171  responsibilities can be greatly impaired by economic, social,
  172  behavioral, emotional, and related problems. It is therefore the
  173  policy of the Legislature that it is the state’s responsibility
  174  to ensure that factors impeding the ability of caretakers to
  175  fulfill their responsibilities are identified through the
  176  delinquency intake process and that appropriate recommendations
  177  to address those problems are considered in any judicial or
  178  nonjudicial proceeding. Nonetheless, as it is also the intent of
  179  the Legislature to preserve and strengthen the child’s family
  180  ties, it is the policy of the Legislature that the emotional,
  181  legal, and financial responsibilities of the caretaker with
  182  regard to the care, custody, and support of the child continue
  183  while the child is in the physical or legal custody of the
  184  department.
  185         (7)(8) GENDER-SPECIFIC PROGRAMMING.—
  186         (a) The Legislature finds that the prevention, treatment,
  187  and rehabilitation needs of youth served by the juvenile justice
  188  system are gender-specific.
  189         (b) Gender-specific programming refers to unique program
  190  models and services that comprehensively address the needs of a
  191  targeted gender group. Gender-specific services require the
  192  adherence to the principle of equity to ensure that the
  193  different interests of young women and men are recognized and
  194  varying needs are met, with equality as the desired outcome.
  195  Gender-specific programming focuses on the differences between
  196  young females’ and young males’ roles and responsibilities,
  197  positions in society, access to and use of resources, and social
  198  codes governing behavior. Gender-specific programs increase the
  199  effectiveness of programs by making interventions more
  200  appropriate to the specific needs of young women and men and
  201  ensuring that these programs do not unknowingly create,
  202  maintain, or reinforce gender roles or relations that may be
  203  damaging.
  204         (8) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  205  finds that very young children need age-appropriate services in
  206  order to prevent and reduce future acts of delinquency. Children
  207  who are 9 years of age or younger should be diverted into
  208  prearrest or postarrest programs, civil citation programs,
  209  children-in-need-of-services and families-in-need-of-services
  210  programs, or other programs, as appropriate. If, based upon a
  211  needs assessment, the child is found to be in need of mental
  212  health services or substance abuse treatment services, the
  213  department shall cooperate with the parent or legal guardian and
  214  the Department of Children and Family Services, as appropriate,
  215  to identify the most appropriate services and supports and
  216  available funding sources to meet the needs of the child.
  217         (9)RESTORATIVE JUSTICE.—
  218         (a)It is the intent of the Legislature that the juvenile
  219  justice system advance the principles of restorative justice.
  220  The department shall focus on repairing the harm to victims of
  221  delinquent behavior by ensuring that the child understands the
  222  effect of his or her delinquent behavior on the victim and the
  223  community and that the child restores the losses of his or her
  224  victim.
  225         (b)Offender accountability is one of the principles of
  226  restorative justice. The premise of this principle is that the
  227  juvenile justice system must respond to delinquent behavior in
  228  such a way that the offender is made aware of and takes
  229  responsibility for repaying or restoring loss, damage, or injury
  230  perpetrated upon the victim and the community. This goal is
  231  achieved when the offender understands the consequences of
  232  delinquent behaviors in terms of harm to others, and when the
  233  offender makes amends for the harm, loss, or damage through
  234  restitution, community service, or other appropriate repayment.
  235         Section 3. Subsection (1) of section 985.125, Florida
  236  Statutes, is amended to read:
  237         985.125 Prearrest or postarrest diversion programs.—
  238         (1) A law enforcement agency, or school district, county,
  239  municipality, or the department, in cooperation with the state
  240  attorney, is encouraged to may establish a prearrest or
  241  postarrest diversion programs. Youth who are taken into custody
  242  for first-time misdemeanor offenses or offenders who are 9 years
  243  of age or younger should be given an opportunity to participate
  244  in prearrest or postarrest diversion programs program.
  245         Section 4. Paragraph (d) of subsection (1) of section
  246  985.145, Florida Statutes, is amended to read:
  247         985.145 Responsibilities of juvenile probation officer
  248  during intake; screenings and assessments.—
  249         (1) The juvenile probation officer shall serve as the
  250  primary case manager for the purpose of managing, coordinating,
  251  and monitoring the services provided to the child. Each program
  252  administrator within the Department of Children and Family
  253  Services shall cooperate with the primary case manager in
  254  carrying out the duties and responsibilities described in this
  255  section. In addition to duties specified in other sections and
  256  through departmental rules, the assigned juvenile probation
  257  officer shall be responsible for the following:
  258         (d) Completing risk assessment instrument.—The juvenile
  259  probation officer shall ensure that a risk assessment instrument
  260  establishing the child’s eligibility for detention has been
  261  accurately completed and that the appropriate recommendation was
  262  made to the court. If, upon completion of the risk assessment
  263  instrument, the child is ineligible for secure detention based
  264  on the criteria in s. 985.24(2)(e), the juvenile probation
  265  officer shall make a referral to the appropriate shelter for a
  266  child in need of services or family in need of services.
  267         Section 5. Section 985.24, Florida Statutes, is amended to
  268  read:
  269         985.24 Use of detention; prohibitions.—
  270         (1) All determinations and court orders regarding the use
  271  of secure, nonsecure, or home detention must shall be based
  272  primarily upon findings that the child:
  273         (a) Presents a substantial risk of not appearing at a
  274  subsequent hearing;
  275         (b) Presents a substantial risk of inflicting bodily harm
  276  on others as evidenced by recent behavior;
  277         (c) Presents a history of committing a property offense
  278  prior to adjudication, disposition, or placement;
  279         (d) Has committed contempt of court by:
  280         1. Intentionally disrupting the administration of the
  281  court;
  282         2. Intentionally disobeying a court order; or
  283         3. Engaging in a punishable act or speech in the court’s
  284  presence which shows disrespect for the authority and dignity of
  285  the court; or
  286         (e) Requests protection from imminent bodily harm.
  287         (2) A child alleged to have committed a delinquent act or
  288  violation of law may not be placed into secure, nonsecure, or
  289  home detention care for any of the following reasons:
  290         (a) To allow a parent to avoid his or her legal
  291  responsibility.
  292         (b) To permit more convenient administrative access to the
  293  child.
  294         (c) To facilitate further interrogation or investigation.
  295         (d) Due to a lack of more appropriate facilities.
  296         (e)Due to a misdemeanor charge of domestic violence if the
  297  child lives in a family that has a history of family violence,
  298  as defined in s. 741.28, or if the child is a victim of abuse or
  299  neglect, as defined in s. 39.01, and the decision to place the
  300  child in secure detention care is mitigated by the history of
  301  trauma faced by the child, unless the child would otherwise be
  302  subject to secure detention based on his or her prior history.
  303         (3) A child alleged to be dependent under chapter 39 may
  304  not, under any circumstances, be placed into secure detention
  305  care.
  306         (4)A child 9 years of age or younger may not be placed
  307  into secure detention care unless the child is charged with a
  308  capital felony, a life felony, or a felony of the first degree.
  309         (5)(4) The department shall continue to identify
  310  alternatives to secure detention care and shall develop such
  311  alternatives and annually submit them to the Legislature for
  312  authorization and appropriation.
  313         Section 6. Paragraphs (a) and (b) of subsection (2) of
  314  section 985.245, Florida Statutes, are amended to read:
  315         985.245 Risk assessment instrument.—
  316         (2)(a) The risk assessment instrument for detention care
  317  placement determinations and court orders shall be developed by
  318  the department in consultation agreement with representatives
  319  appointed by the following associations: the Conference of
  320  Circuit Judges of Florida, the Prosecuting Attorneys
  321  Association, the Public Defenders Association, the Florida
  322  Sheriffs Association, and the Florida Association of Chiefs of
  323  Police. Each association shall appoint two individuals, one
  324  representing an urban area and one representing a rural area.
  325  The risk assessment instrument shall be effective at predicting
  326  risk and avoiding the unnecessary use of secure detention. The
  327  parties involved shall evaluate and revise the risk assessment
  328  instrument as is considered necessary using the method for
  329  revision as agreed by the parties.
  330         (b) The risk assessment instrument shall accurately predict
  331  a child’s risk of rearrest or failure to appear in court. The
  332  risk assessment instrument may take the following factors take
  333  into consideration, but need not be limited to, the child’s
  334  prior history of failure to appear, prior offenses, offenses
  335  committed pending adjudication, any unlawful possession of a
  336  firearm, theft of a motor vehicle or possession of a stolen
  337  motor vehicle, and probation status at the time the child is
  338  taken into custody. The risk assessment instrument shall also
  339  take into consideration appropriate aggravating and mitigating
  340  circumstances, and shall be designed to target a narrower
  341  population of children than s. 985.255. The risk assessment
  342  instrument shall also include any information concerning the
  343  child’s history of abuse and neglect. The risk assessment shall
  344  indicate whether detention care is warranted, and, if detention
  345  care is warranted, whether the child should be placed into
  346  secure, nonsecure, or home detention care.
  347         Section 7. Section 985.255, Florida Statutes, is amended to
  348  read:
  349         985.255 Detention criteria; detention hearing.—
  350         (1) Subject to s. 985.25(1), a child taken into custody and
  351  placed into nonsecure or home detention care or detained in
  352  secure detention care before prior to a detention hearing may
  353  continue to be detained by the court if:
  354         (a) The child is alleged to be an escapee from a
  355  residential commitment program; or an absconder from a
  356  nonresidential commitment program, a probation program, or
  357  conditional release supervision; or is alleged to have escaped
  358  while being lawfully transported to or from a residential
  359  commitment program.
  360         (b) The child is wanted in another jurisdiction for an
  361  offense which, if committed by an adult, would be a felony.
  362         (c) The child is charged with a delinquent act or violation
  363  of law and requests in writing through legal counsel to be
  364  detained for protection from an imminent physical threat to his
  365  or her personal safety.
  366         (d) The child is charged with committing a felony an
  367  offense of domestic violence as defined in s. 741.28 and is
  368  detained as provided in subsection (2).
  369         (e) The child is charged with possession or discharging a
  370  firearm on school property in violation of s. 790.115.
  371         (f) The child is charged with a capital felony, a life
  372  felony, a felony of the first degree, a felony of the second
  373  degree that does not involve a violation of chapter 893, or a
  374  felony of the third degree that is also a crime of violence,
  375  including any such offense involving the use or possession of a
  376  firearm.
  377         (g) The child is charged with any second degree or third
  378  degree felony involving a violation of chapter 893 or any third
  379  degree felony that is not also a crime of violence, and the
  380  child:
  381         1. Has a record of failure to appear at court hearings
  382  after being properly notified in accordance with the Rules of
  383  Juvenile Procedure;
  384         2. Has a record of law violations prior to court hearings;
  385         3. Has already been detained or has been released and is
  386  awaiting final disposition of the case;
  387         4. Has a record of violent conduct resulting in physical
  388  injury to others; or
  389         5. Is found to have been in possession of a firearm.
  390         (h) The child is alleged to have violated the conditions of
  391  the child’s probation or conditional release supervision.
  392  However, a child detained under this paragraph may be held only
  393  in a consequence unit as provided in s. 985.439. If a
  394  consequence unit is not available, the child shall be placed on
  395  home detention with electronic monitoring.
  396         (i) The child is detained on a judicial order for failure
  397  to appear and has previously willfully failed to appear, after
  398  proper notice, for an adjudicatory hearing on the same case
  399  regardless of the results of the risk assessment instrument. A
  400  child may be held in secure detention for up to 72 hours in
  401  advance of the next scheduled court hearing pursuant to this
  402  paragraph. The child’s failure to keep the clerk of court and
  403  defense counsel informed of a current and valid mailing address
  404  where the child will receive notice to appear at court
  405  proceedings does not provide an adequate ground for excusal of
  406  the child’s nonappearance at the hearings.
  407         (j) The child is detained on a judicial order for failure
  408  to appear and has previously willfully failed to appear, after
  409  proper notice, at two or more court hearings of any nature on
  410  the same case regardless of the results of the risk assessment
  411  instrument. A child may be held in secure detention for up to 72
  412  hours in advance of the next scheduled court hearing pursuant to
  413  this paragraph. The child’s failure to keep the clerk of court
  414  and defense counsel informed of a current and valid mailing
  415  address where the child will receive notice to appear at court
  416  proceedings does not provide an adequate ground for excusal of
  417  the child’s nonappearance at the hearings.
  418         (2) A child who is charged with committing a felony an
  419  offense of domestic violence as defined in s. 741.28 and who
  420  does not meet detention criteria may be held in secure detention
  421  if the court makes specific written findings that:
  422         (a) Respite care for the child is not available.
  423         (b) It is necessary to place the child in secure detention
  424  in order to protect the victim from injury.
  425  
  426  The child may not be held in secure detention under this
  427  subsection for more than 48 hours unless ordered by the court.
  428  After 48 hours, the court shall hold a hearing if the state
  429  attorney or victim requests that secure detention be continued.
  430  The child may continue to be held in detention care if the court
  431  makes a specific, written finding that detention care is
  432  necessary to protect the victim from injury. However, the child
  433  may not be held in detention care beyond the time limits set
  434  forth in this section or s. 985.26.
  435         (3)(a) A child who meets any of the criteria in subsection
  436  (1) and who is ordered to be detained under that subsection
  437  shall be given a hearing within 24 hours after being taken into
  438  custody. The purpose of the detention hearing is to determine
  439  the existence of probable cause that the child has committed the
  440  delinquent act or violation of law that he or she is charged
  441  with and the need for continued detention. Unless a child is
  442  detained under paragraph (1)(d) or paragraph (1)(e), the court
  443  shall use the results of the risk assessment performed by the
  444  juvenile probation officer and, based on the criteria in
  445  subsection (1), shall determine the need for continued
  446  detention. A child placed into secure, nonsecure, or home
  447  detention care may continue to be so detained by the court.
  448         (b) If the court orders a placement more restrictive than
  449  indicated by the results of the risk assessment instrument, the
  450  court shall state, in writing, clear and convincing reasons for
  451  such placement.
  452         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  453  when a child is placed into secure or nonsecure detention care,
  454  or into a respite home or other placement pursuant to a court
  455  order following a hearing, the court order must include specific
  456  instructions that direct the release of the child from such
  457  placement no later than 5 p.m. on the last day of the detention
  458  period specified in s. 985.26 or s. 985.27, whichever is
  459  applicable, unless the requirements of such applicable provision
  460  have been met or an order of continuance has been granted under
  461  s. 985.26(4).
  462         Section 8. Subsection (1) of section 985.441, Florida
  463  Statutes, is amended to read:
  464         985.441 Commitment.—
  465         (1) The court that has jurisdiction of an adjudicated
  466  delinquent child may, by an order stating the facts upon which a
  467  determination of a sanction and rehabilitative program was made
  468  at the disposition hearing:
  469         (a) Commit the child to a licensed child-caring agency
  470  willing to receive the child; however, the court may not commit
  471  the child to a jail or to a facility used primarily as a
  472  detention center or facility or shelter.
  473         (b) Commit the child to the department at a restrictiveness
  474  level defined in s. 985.03. Such commitment must be for the
  475  purpose of exercising active control over the child, including,
  476  but not limited to, custody, care, training, urine monitoring,
  477  and treatment of the child and release of the child from
  478  residential commitment into the community in a postcommitment
  479  nonresidential conditional release program. If the child is not
  480  successful in the conditional release program, the department
  481  may use the transfer procedure under subsection (3).
  482         (c) Commit the child to the department for placement in a
  483  program or facility for serious or habitual juvenile offenders
  484  in accordance with s. 985.47.
  485         1. Following a delinquency adjudicatory hearing under s.
  486  985.35 and a delinquency disposition hearing under s. 985.433
  487  that results in a commitment determination, the court shall, on
  488  its own or upon request by the state or the department,
  489  determine whether the protection of the public requires that the
  490  child be placed in a program for serious or habitual juvenile
  491  offenders and whether the particular needs of the child would be
  492  best served by a program for serious or habitual juvenile
  493  offenders as provided in s. 985.47. The determination shall be
  494  made under ss. 985.47(1) and 985.433(7).
  495         2. Any commitment of a child to a program or facility for
  496  serious or habitual juvenile offenders must be for an
  497  indeterminate period of time, but the time may not exceed the
  498  maximum term of imprisonment that an adult may serve for the
  499  same offense.
  500         (c)(d) Commit the child to the department for placement in
  501  a program or facility for juvenile sexual offenders in
  502  accordance with s. 985.48, subject to specific appropriation for
  503  such a program or facility.
  504         1. The child may only be committed for such placement
  505  pursuant to determination that the child is a juvenile sexual
  506  offender under the criteria specified in s. 985.475.
  507         2. Any commitment of a juvenile sexual offender to a
  508  program or facility for juvenile sexual offenders must be for an
  509  indeterminate period of time, but the time may not exceed the
  510  maximum term of imprisonment that an adult may serve for the
  511  same offense.
  512         (d) Commit the child to the department for placement in a
  513  mother-infant program designed to serve the needs of juvenile
  514  mothers or expectant juvenile mothers who are committed as
  515  delinquents. The department’s mother-infant program must be
  516  licensed as a child care facility in accordance with s. 402.308,
  517  and must provide the services and support necessary to enable
  518  the committed juvenile mothers to provide for the needs of their
  519  infants who, upon agreement of the mother, may accompany them in
  520  the program.
  521         Section 9. Subsection (1) of section 985.45, Florida
  522  Statutes, is amended to read:
  523         985.45 Liability and remuneration for work.—
  524         (1) Whenever a child is required by the court to
  525  participate in any work program under this part or whenever a
  526  child volunteers to work in a specified state, county,
  527  municipal, or community service organization supervised work
  528  program or to work for the victim, either as an alternative to
  529  monetary restitution or as a part of the rehabilitative or
  530  probation program, the child is an employee of the state for the
  531  purposes of chapter 440 liability.
  532         Section 10. Section 985.632, Florida Statutes, is amended
  533  to read:
  534         985.632 Program review and reporting requirements Quality
  535  assurance and cost-effectiveness.—
  536         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  537  that the department:
  538         (a) Ensure that information be provided to decisionmakers
  539  in a timely manner so that resources are allocated to programs
  540  that of the department which achieve desired performance levels.
  541         (b)Collect and analyze available statistical data for the
  542  purpose of ongoing evaluation of all programs.
  543         (c)(b) Provide information about the cost of such programs
  544  and their differential effectiveness so that program the quality
  545  may of such programs can be compared and improvements made
  546  continually.
  547         (d)(c) Provide information to aid in developing related
  548  policy issues and concerns.
  549         (e)(d) Provide information to the public about the
  550  effectiveness of such programs in meeting established goals and
  551  objectives.
  552         (f)(e) Provide a basis for a system of accountability so
  553  that each youth client is afforded the best programs to meet his
  554  or her needs.
  555         (g)(f) Improve service delivery to youth clients.
  556         (h)(g) Modify or eliminate activities that are not
  557  effective.
  558         (2) DEFINITIONS.—As used in this section, the term:
  559         (a) “Youth” “Client” means any person who is being provided
  560  treatment or services by the department or by a provider under
  561  contract with the department.
  562         (b)“Program” means any facility, service, or program for
  563  youth which is operated by the department or by a provider under
  564  contract with the department.
  565         (c)(b) “Program component” means an aggregation of
  566  generally related objectives which, because of their special
  567  character, related workload, and interrelated output, can
  568  logically be considered an entity for purposes of organization,
  569  management, accounting, reporting, and budgeting.
  570         (c) “Program effectiveness” means the ability of the
  571  program to achieve desired client outcomes, goals, and
  572  objectives.
  573         (d)“Program group” means a collection of programs having
  574  sufficient similarity of functions, services, and population to
  575  allow appropriate comparisons between programs within the group.
  576         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  577  shall use a standard methodology for annually measuring,
  578  evaluating, and reporting program outputs and youth outcomes for
  579  each program and program group. The department shall submit a
  580  report to the appropriate committees of the Legislature and the
  581  Governor by January 15 of each year. The department shall notify
  582  the Office of Program Policy Analysis and Government
  583  Accountability and each contract service provider of substantive
  584  changes to the methodology. The standard methodology must:
  585         (a)Define common terminology and operational definitions
  586  and methods by which the performance of program outputs and
  587  outcomes may be measured.
  588         (b)Specify program outputs for each program and for each
  589  program group within the juvenile justice continuum.
  590         (c)Report cost data for each program operated or
  591  contracted by the department for the fiscal year corresponding
  592  to the program outputs and outcomes being reported. The
  593  department shall annually collect and report cost data for every
  594  program operated or contracted by the department. The cost data
  595  shall conform to a format approved by the department and the
  596  Legislature. Uniform cost data shall be reported and collected
  597  for state-operated and contracted programs so that comparisons
  598  can be made among programs. The department shall ensure that
  599  there is accurate cost accounting for state-operated services
  600  including market-equivalent rent and other shared cost. The cost
  601  of the educational program provided to a residential facility
  602  shall be reported and included in the cost of a program. The
  603  department shall submit an annual cost report to the President
  604  of the Senate, the Speaker of the House of Representatives, the
  605  Minority Leader of each house of the Legislature, the
  606  appropriate substantive and fiscal committees of each house of
  607  the Legislature, and the Governor, no later than December 1 of
  608  each year. Cost-benefit analysis for educational programs will
  609  be developed and implemented in collaboration with and in
  610  cooperation with the Department of Education, local providers,
  611  and local school districts. Cost data for the report shall
  612  include data collected by the Department of Education for the
  613  purposes of preparing the annual report required by s.
  614  1003.52(19).
  615         (4) PROGRAM ACCOUNTABILITY MEASURES.—
  616         (a) The department, in consultation with the Office of
  617  Economic and Demographic Research and contract service
  618  providers, shall develop a cost-effectiveness model and apply
  619  the program accountability measures analysis model to each
  620  commitment program and include the results in the comprehensive
  621  accountability report. Program recidivism rates shall be a
  622  component of the model. The program accountability measures
  623  analysis cost-effectiveness model shall compare program costs to
  624  expected and actual youth recidivism rates client outcomes and
  625  program outputs. It is the intent of the Legislature that
  626  continual development efforts take place to improve the validity
  627  and reliability of the program accountability measure analysis
  628  cost-effectiveness model.
  629         (b) The department shall rank commitment programs based on
  630  the cost-effectiveness model and shall submit a report to the
  631  appropriate substantive and fiscal committees of each house of
  632  the Legislature by December 31 of each year.
  633         (b)(c) Based on reports of the department on client
  634  outcomes and program outputs and on the department’s most recent
  635  program accountability measures analysis cost-effectiveness
  636  rankings, the department may terminate its contract with or
  637  discontinue a commitment program operated by the department or a
  638  provider if the program has failed to achieve a minimum
  639  threshold of recidivism and cost-effectiveness program
  640  effectiveness. This paragraph does not preclude the department
  641  from terminating a contract as provided under this section or as
  642  otherwise provided by law or contract, and does not limit the
  643  department’s authority to enter into or terminate a contract.
  644         (c)(d)The department shall notify the Office of Program
  645  Policy Analysis and Government Accountability and each contract
  646  service provider of substantive changes to the program
  647  accountability measures analysis. In collaboration with the
  648  Office of Economic and Demographic Research, and contract
  649  service providers, the department shall develop a work plan to
  650  refine the cost-effectiveness model so that the model is
  651  consistent with the performance-based program budgeting measures
  652  approved by the Legislature to the extent the department deems
  653  appropriate. The department shall notify the Office of Program
  654  Policy Analysis and Government Accountability of any meetings to
  655  refine the model.
  656         (d)(e) Contingent upon specific appropriation, the
  657  department, in consultation with the Office of Economic and
  658  Demographic Research, and contract service providers, shall:
  659         1. Construct a profile of each commitment program which
  660  that uses the results of the quality assurance report required
  661  by this section, the program accountability measure analysis
  662  cost-effectiveness report required in this subsection, and other
  663  reports available to the department.
  664         2. Target, for a more comprehensive evaluation, any
  665  commitment program that has achieved consistently high, low, or
  666  disparate ratings in the reports required under subparagraph 1.
  667         3. Identify the essential factors that contribute to the
  668  high, low, or disparate program ratings.
  669         4. Use the results of these evaluations in developing or
  670  refining juvenile justice programs or program models, youth
  671  client outcomes and program outputs, provider contracts, quality
  672  assurance standards, and the program accountability measure
  673  analysis cost-effectiveness model.
  674         (5) QUALITY ASSURANCE.—The department shall:
  675         (a) Establish a comprehensive quality assurance system for
  676  each program operated by the department or operated by a
  677  provider under contract with the department. Each contract
  678  entered into by the department must provide for quality
  679  assurance and include the results in the comprehensive
  680  accountability report.
  681         (b) Provide operational definitions of and criteria for
  682  quality assurance for each specific program component.
  683         (c) Establish quality assurance goals and objectives for
  684  each specific program component.
  685         (d) Establish the information and specific data elements
  686  required for the quality assurance program.
  687         (e) Develop a quality assurance manual of specific,
  688  standardized terminology and procedures to be followed by each
  689  program.
  690         (f) Evaluate each program operated by the department or a
  691  provider under a contract with the department and establish
  692  minimum thresholds for each program component. If a provider
  693  fails to meet the established minimum thresholds, such failure
  694  shall cause the department to cancel the provider’s contract
  695  unless the provider achieves compliance with minimum thresholds
  696  within 6 months or unless there are documented extenuating
  697  circumstances. In addition, the department may not contract with
  698  the same provider for the canceled service for a period of 12
  699  months. If a department-operated program fails to meet the
  700  established minimum thresholds, the department must take
  701  necessary and sufficient steps to ensure and document program
  702  changes to achieve compliance with the established minimum
  703  thresholds. If the department-operated program fails to achieve
  704  compliance with the established minimum thresholds within 6
  705  months and if there are no documented extenuating circumstances,
  706  the department must notify the Executive Office of the Governor
  707  and the Legislature of the corrective action taken. Appropriate
  708  corrective action may include, but is not limited to:
  709         1. Contracting out for the services provided in the
  710  program;
  711         2. Initiating appropriate disciplinary action against all
  712  employees whose conduct or performance is deemed to have
  713  materially contributed to the program’s failure to meet
  714  established minimum thresholds;
  715         3. Redesigning the program; or
  716         4. Realigning the program.
  717  
  718  The department shall submit an annual report to the President of
  719  the Senate, the Speaker of the House of Representatives, the
  720  Minority Leader of each house of the Legislature, the
  721  appropriate substantive and fiscal committees of each house of
  722  the Legislature, and the Governor, no later than February 1 of
  723  each year. The annual report must contain, at a minimum, for
  724  each specific program component: a comprehensive description of
  725  the population served by the program; a specific description of
  726  the services provided by the program; cost; a comparison of
  727  expenditures to federal and state funding; immediate and long
  728  range concerns; and recommendations to maintain, expand,
  729  improve, modify, or eliminate each program component so that
  730  changes in services lead to enhancement in program quality. The
  731  department shall ensure the reliability and validity of the
  732  information contained in the report.
  733         (6) The department shall collect and analyze available
  734  statistical data for the purpose of ongoing evaluation of all
  735  programs. The department shall provide the Legislature with
  736  necessary information and reports to enable the Legislature to
  737  make informed decisions regarding the effectiveness of, and any
  738  needed changes in, services, programs, policies, and laws.
  739         Section 11. Subsection (48) of section 985.03, Florida
  740  Statutes, is repealed.
  741         Section 12. Subsection (56) of section 985.03, Florida
  742  Statutes, is repealed.
  743         Section 13. Section 985.47, Florida Statutes, is repealed.
  744         Section 14. Section 985.483, Florida Statutes, is repealed.
  745         Section 15. Section 985.486, Florida Statutes, is repealed.
  746         Section 16. Section 985.636, Florida Statutes, is repealed.
  747         Section 17. Section 985.494, Florida Statutes, is amended
  748  to read:
  749         985.494 Commitment programs for juvenile felony offenders.—
  750         (1) Notwithstanding any other law and regardless of the
  751  child’s age, a child who is adjudicated delinquent, or for whom
  752  adjudication is withheld, for an act that would be a felony if
  753  committed by an adult, shall be committed to:
  754         (a) A program for serious or habitual juvenile offenders
  755  under s. 985.47 or an intensive residential treatment program
  756  for offenders less than 13 years of age under s. 985.483, if the
  757  child has participated in an early delinquency intervention
  758  program and has completed a sheriff’s training and respect
  759  program.
  760         (b) a maximum-risk residential program, if the child has
  761  completed two different high-risk residential commitment
  762  programs participated in an early delinquency intervention
  763  program, has completed a sheriff’s training and respect program,
  764  and has completed a program for serious or habitual juvenile
  765  offenders or an intensive residential treatment program for
  766  offenders less than 13 years of age. The commitment of a child
  767  to a maximum-risk residential program must be for an
  768  indeterminate period, but may not exceed the maximum term of
  769  imprisonment that an adult may serve for the same offense.
  770         (2) In committing a child to the appropriate program, the
  771  court may consider an equivalent program of similar intensity as
  772  being comparable to a program required under subsection (1).
  773         Section 18. Section 985.445, Florida Statutes, is repealed.
  774         Section 19. Paragraphs (a), (b), (c), (e), and (g), of
  775  subsection (5) of section 985.0301, Florida Statutes, are
  776  amended to read:
  777         985.0301 Jurisdiction.—
  778         (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433,
  779  985.435, 985.439, and 985.441, and except as provided in s. ss.
  780  985.465 and 985.47 and paragraph (f), when the jurisdiction of
  781  any child who is alleged to have committed a delinquent act or
  782  violation of law is obtained, the court shall retain
  783  jurisdiction, unless relinquished by its order, until the child
  784  reaches 19 years of age, with the same power over the child that
  785  the court had prior to the child becoming an adult.
  786         (b) Notwithstanding ss. 743.07 and 985.455(3), and except
  787  as provided in s. 985.47, the term of any order placing a child
  788  in a probation program must be until the child’s 19th birthday
  789  unless he or she is released by the court on the motion of an
  790  interested party or on his or her own motion.
  791         (c) Notwithstanding ss. 743.07 and 985.455(3), and except
  792  as provided in s. 985.47, the term of the commitment must be
  793  until the child is discharged by the department or until he or
  794  she reaches the age of 21 years. Notwithstanding ss. 743.07,
  795  985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
  796  985.513, and except as provided in this section and s. 985.47, a
  797  child may not be held under a commitment from a court under s.
  798  985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
  799  after becoming 21 years of age.
  800         (e) The court may retain jurisdiction over a child
  801  committed to the department for placement in an intensive
  802  residential treatment program for 10-year-old to 13-year-old
  803  offenders, in the residential commitment program in a juvenile
  804  prison, or in a residential sex offender program, or in a
  805  program for serious or habitual juvenile offenders as provided
  806  in s. 985.47 or s. 985.483 until the child reaches the age of
  807  21. If the court exercises this jurisdiction retention, it shall
  808  do so solely for the purpose of the child completing the
  809  intensive residential treatment program for 10-year-old to 13
  810  year-old offenders, in the residential commitment program in a
  811  juvenile prison, in a residential sex offender program, or the
  812  program for serious or habitual juvenile offenders. Such
  813  jurisdiction retention does not apply for other programs, other
  814  purposes, or new offenses.
  815         (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
  816  or habitual juvenile offender shall not be held under commitment
  817  from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
  818  after becoming 21 years of age. This subparagraph shall apply
  819  only for the purpose of completing the serious or habitual
  820  juvenile offender program under this chapter and shall be used
  821  solely for the purpose of treatment.
  822         2. The court may retain jurisdiction over a child who has
  823  been placed in a program or facility for serious or habitual
  824  juvenile offenders until the child reaches the age of 21,
  825  specifically for the purpose of the child completing the
  826  program.
  827         Section 20. Paragraph (b) of subsection (4) of section
  828  985.565, Florida Statutes, is amended to read:
  829         985.565 Sentencing powers; procedures; alternatives for
  830  juveniles prosecuted as adults.—
  831         (4) SENTENCING ALTERNATIVES.—
  832         (b) Juvenile sanctions.—For juveniles transferred to adult
  833  court but who do not qualify for such transfer under s.
  834  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
  835  juvenile sanctions under this paragraph. If juvenile sentences
  836  are imposed, the court shall, under this paragraph, adjudge the
  837  child to have committed a delinquent act. Adjudication of
  838  delinquency shall not be deemed a conviction, nor shall it
  839  operate to impose any of the civil disabilities ordinarily
  840  resulting from a conviction. The court shall impose an adult
  841  sanction or a juvenile sanction and may not sentence the child
  842  to a combination of adult and juvenile punishments. An adult
  843  sanction or a juvenile sanction may include enforcement of an
  844  order of restitution or probation previously ordered in any
  845  juvenile proceeding. However, if the court imposes a juvenile
  846  sanction and the department determines that the sanction is
  847  unsuitable for the child, the department shall return custody of
  848  the child to the sentencing court for further proceedings,
  849  including the imposition of adult sanctions. Upon adjudicating a
  850  child delinquent under subsection (1), the court may:
  851         1. Place the child in a probation program under the
  852  supervision of the department for an indeterminate period of
  853  time until the child reaches the age of 19 years or sooner if
  854  discharged by order of the court.
  855         2. Commit the child to the department for treatment in an
  856  appropriate program for children for an indeterminate period of
  857  time until the child is 21 or sooner if discharged by the
  858  department. The department shall notify the court of its intent
  859  to discharge no later than 14 days prior to discharge. Failure
  860  of the court to timely respond to the department’s notice shall
  861  be considered approval for discharge.
  862         3. Order disposition under ss. 985.435, 985.437, 985.439,
  863  985.441, 985.445, 985.45, and 985.455 as an alternative to
  864  youthful offender or adult sentencing if the court determines
  865  not to impose youthful offender or adult sanctions.
  866  
  867  It is the intent of the Legislature that the criteria and
  868  guidelines in this subsection are mandatory and that a
  869  determination of disposition under this subsection is subject to
  870  the right of the child to appellate review under s. 985.534.
  871         Section 21. Section 985.66, Florida Statutes, is amended to
  872  read:
  873         985.66 Juvenile justice training academies; staff
  874  development and training; Juvenile Justice Standards and
  875  Training Commission; Juvenile Justice Training Trust Fund.—
  876         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
  877  provide a systematic approach to staff development and training
  878  for judges, state attorneys, public defenders, law enforcement
  879  officers, school district personnel, and juvenile justice
  880  program staff that will meet the needs of such persons in their
  881  discharge of duties while at the same time meeting the
  882  requirements for the American Correction Association
  883  accreditation by the Commission on Accreditation for
  884  Corrections, it is the purpose of the Legislature to require the
  885  department to establish, maintain, and oversee the operation of
  886  juvenile justice training academies in the state. The purpose of
  887  the Legislature in establishing staff development and training
  888  programs is to foster better staff morale and reduce
  889  mistreatment and aggressive and abusive behavior in delinquency
  890  programs; to positively impact the recidivism of children in the
  891  juvenile justice system; and to afford greater protection of the
  892  public through an improved level of services delivered by a
  893  professionally trained juvenile justice program staff to
  894  children who are alleged to be or who have been found to be
  895  delinquent.
  896         (2) STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
  897  TRAINING COMMISSION.—
  898         (a) There is created under the Department of Juvenile
  899  Justice the Juvenile Justice Standards and Training Commission,
  900  hereinafter referred to as the commission. The 17-member
  901  commission shall consist of the Attorney General or designee,
  902  the Commissioner of Education or designee, a member of the
  903  juvenile court judiciary to be appointed by the Chief Justice of
  904  the Supreme Court, and 14 members to be appointed by the
  905  Secretary of Juvenile Justice as follows:
  906         1. Seven members shall be juvenile justice professionals: a
  907  superintendent or a direct care staff member from an
  908  institution; a director from a contracted community-based
  909  program; a superintendent and a direct care staff member from a
  910  regional detention center or facility; a juvenile probation
  911  officer supervisor and a juvenile probation officer; and a
  912  director of a day treatment or conditional release program. No
  913  fewer than three of these members shall be contract providers.
  914         2. Two members shall be representatives of local law
  915  enforcement agencies.
  916         3. One member shall be an educator from the state’s
  917  university and community college program of criminology,
  918  criminal justice administration, social work, psychology,
  919  sociology, or other field of study pertinent to the training of
  920  juvenile justice program staff.
  921         4. One member shall be a member of the public.
  922         5. One member shall be a state attorney, or assistant state
  923  attorney, who has juvenile court experience.
  924         6. One member shall be a public defender, or assistant
  925  public defender, who has juvenile court experience.
  926         7. One member shall be a representative of the business
  927  community.
  928  
  929  All appointed members shall be appointed to serve terms of 2
  930  years.
  931         (b) The composition of the commission shall be broadly
  932  reflective of the public and shall include minorities and women.
  933  The term “minorities” as used in this paragraph means a member
  934  of a socially or economically disadvantaged group that includes
  935  blacks, Hispanics, and American Indians.
  936         (c) The Department of Juvenile Justice shall provide the
  937  commission with staff necessary to assist the commission in the
  938  performance of its duties.
  939         (d) The commission shall annually elect its chairperson and
  940  other officers. The commission shall hold at least four regular
  941  meetings each year at the call of the chairperson or upon the
  942  written request of three members of the commission. A majority
  943  of the members of the commission constitutes a quorum. Members
  944  of the commission shall serve without compensation but are
  945  entitled to be reimbursed for per diem and travel expenses as
  946  provided by s. 112.061 and these expenses shall be paid from the
  947  Juvenile Justice Training Trust Fund.
  948         (e) The department powers, duties, and functions of the
  949  commission shall be to:
  950         (a)1. Designate the location of the training academies;
  951  develop, implement, maintain, and update the curriculum to be
  952  used in the training of juvenile justice program staff;
  953  establish timeframes for participation in and completion of
  954  training by juvenile justice program staff; develop, implement,
  955  maintain, and update job-related examinations; develop,
  956  implement, and update the types and frequencies of evaluations
  957  of the training academies; approve, modify, or disapprove the
  958  budget for the training academies, and the contractor to be
  959  selected to organize and operate the training academies and to
  960  provide the training curriculum.
  961         (b)2. Establish uniform minimum job-related training
  962  courses and examinations for juvenile justice program staff.
  963         (c)3. Consult and cooperate with the state or any political
  964  subdivision; any private entity or contractor; and with private
  965  and public universities, colleges, community colleges, and other
  966  educational institutions concerning the development of juvenile
  967  justice training and programs or courses of instruction,
  968  including, but not limited to, education and training in the
  969  areas of juvenile justice.
  970         (d)4.Enter into With the approval of the department, make
  971  and enter into such contracts and agreements with other
  972  agencies, organizations, associations, corporations,
  973  individuals, or federal agencies as the commission determines
  974  are necessary in the execution of the its powers of the
  975  department or the performance of its duties.
  976         5. Make recommendations to the Department of Juvenile
  977  Justice concerning any matter within the purview of this
  978  section.
  979         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
  980  commission shall establish a certifiable program for juvenile
  981  justice training pursuant to this section, and all department
  982  program staff and providers who deliver direct care services
  983  pursuant to contract with the department shall be required to
  984  participate in and successfully complete the department-approved
  985  commission-approved program of training pertinent to their areas
  986  of responsibility. Judges, state attorneys, and public
  987  defenders, law enforcement officers, and school district
  988  personnel may participate in such training program. For the
  989  juvenile justice program staff, the department commission shall,
  990  based on a job-task analysis:
  991         (a) Design, implement, maintain, evaluate, and revise a
  992  basic training program, including a competency-based
  993  examination, for the purpose of providing minimum employment
  994  training qualifications for all juvenile justice personnel. All
  995  program staff of the department and providers who deliver
  996  direct-care services who are hired after October 1, 1999, must
  997  meet the following minimum requirements:
  998         1. Be at least 19 years of age.
  999         2. Be a high school graduate or its equivalent as
 1000  determined by the department commission.
 1001         3. Not have been convicted of any felony or a misdemeanor
 1002  involving perjury or a false statement, or have received a
 1003  dishonorable discharge from any of the Armed Forces of the
 1004  United States. Any person who, after September 30, 1999, pleads
 1005  guilty or nolo contendere to or is found guilty of any felony or
 1006  a misdemeanor involving perjury or false statement is not
 1007  eligible for employment, notwithstanding suspension of sentence
 1008  or withholding of adjudication. Notwithstanding this
 1009  subparagraph, any person who pled nolo contendere to a
 1010  misdemeanor involving a false statement before October 1, 1999,
 1011  and who has had such record of that plea sealed or expunged is
 1012  not ineligible for employment for that reason.
 1013         4. Abide by all the provisions of s. 985.644(1) regarding
 1014  fingerprinting and background investigations and other screening
 1015  requirements for personnel.
 1016         5. Execute and submit to the department an affidavit-of
 1017  application form, adopted by the department, attesting to his or
 1018  her compliance with subparagraphs 1.-4. The affidavit must be
 1019  executed under oath and constitutes an official statement under
 1020  s. 837.06. The affidavit must include conspicuous language that
 1021  the intentional false execution of the affidavit constitutes a
 1022  misdemeanor of the second degree. The employing agency shall
 1023  retain the affidavit.
 1024         (b) Design, implement, maintain, evaluate, and revise an
 1025  advanced training program, including a competency-based
 1026  examination for each training course, which is intended to
 1027  enhance knowledge, skills, and abilities related to job
 1028  performance.
 1029         (c) Design, implement, maintain, evaluate, and revise a
 1030  career development training program, including a competency
 1031  based examination for each training course. Career development
 1032  courses are intended to prepare personnel for promotion.
 1033         (d) The department commission is encouraged to design,
 1034  implement, maintain, evaluate, and revise juvenile justice
 1035  training courses, or to enter into contracts for such training
 1036  courses, that are intended to provide for the safety and well
 1037  being of both citizens and juvenile offenders.
 1038         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
 1039         (a) There is created within the State Treasury a Juvenile
 1040  Justice Training Trust Fund to be used by the department of
 1041  Juvenile Justice for the purpose of funding the development and
 1042  updating of a job-task analysis of juvenile justice personnel;
 1043  the development, implementation, and updating of job-related
 1044  training courses and examinations; and the cost of commission
 1045  approved juvenile justice training courses; and reimbursement
 1046  for expenses as provided in s. 112.061 for members of the
 1047  commission and staff.
 1048         (b) One dollar from every noncriminal traffic infraction
 1049  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
 1050  deposited into the Juvenile Justice Training Trust Fund.
 1051         (c) In addition to the funds generated by paragraph (b),
 1052  the trust fund may receive funds from any other public or
 1053  private source.
 1054         (d) Funds that are not expended by the end of the budget
 1055  cycle or through a supplemental budget approved by the
 1056  department shall revert to the trust fund.
 1057         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
 1058  The number, location, and establishment of juvenile justice
 1059  training academies shall be determined by the department
 1060  commission.
 1061         (6) SCHOLARSHIPS AND STIPENDS.—
 1062         (a) By rule, the department commission shall establish
 1063  criteria to award scholarships or stipends to qualified juvenile
 1064  justice personnel who are residents of the state who want to
 1065  pursue a bachelor’s or associate in arts degree in juvenile
 1066  justice or a related field. The department shall handle the
 1067  administration of the scholarship or stipend. The Department of
 1068  Education shall handle the notes issued for the payment of the
 1069  scholarships or stipends. All scholarship and stipend awards
 1070  shall be paid from the Juvenile Justice Training Trust Fund upon
 1071  vouchers approved by the Department of Education and properly
 1072  certified by the Chief Financial Officer. Prior to the award of
 1073  a scholarship or stipend, the juvenile justice employee must
 1074  agree in writing to practice her or his profession in juvenile
 1075  justice or a related field for 1 month for each month of grant
 1076  or to repay the full amount of the scholarship or stipend
 1077  together with interest at the rate of 5 percent per annum over a
 1078  period not to exceed 10 years. Repayment shall be made payable
 1079  to the state for deposit into the Juvenile Justice Training
 1080  Trust Fund.
 1081         (b) The department commission may establish the scholarship
 1082  program by rule and implement the program on or after July 1,
 1083  1996.
 1084         (7) ADOPTION OF RULES.—The department commission shall
 1085  adopt rules as necessary to carry out the provisions of this
 1086  section.
 1087         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
 1088  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
 1089  Risk Management of the Department of Financial Services is
 1090  authorized to insure a private agency, individual, or
 1091  corporation operating a state-owned training school under a
 1092  contract to carry out the purposes and responsibilities of any
 1093  program of the department. The coverage authorized herein shall
 1094  be under the same general terms and conditions as the department
 1095  is insured for its responsibilities under chapter 284.
 1096         (9) The Juvenile Justice Standards and Training Commission
 1097  is terminated on June 30, 2001, and such termination shall be
 1098  reviewed by the Legislature prior to that date.
 1099         Section 22. Subsection (8) of section 985.48, Florida
 1100  Statutes, is repealed.
 1101         Section 23. Subsection (1) of section 984.14, Florida
 1102  Statutes, is amended to read:
 1103         984.14 Shelter placement; hearing.—
 1104         (1) Unless ordered by the court pursuant to the provisions
 1105  of this chapter, or upon voluntary consent to placement by the
 1106  child and the child’s parent, legal guardian, or custodian, a
 1107  child taken into custody may shall not be placed in a shelter
 1108  prior to a court hearing unless a determination has been made
 1109  that the provision of appropriate and available services will
 1110  not eliminate the need for placement and that such placement is
 1111  required:
 1112         (a) To provide an opportunity for the child and family to
 1113  agree upon conditions for the child’s return home, when
 1114  immediate placement in the home would result in a substantial
 1115  likelihood that the child and family would not reach an
 1116  agreement; or
 1117         (b) Because a parent, custodian, or guardian is unavailable
 1118  to take immediate custody of the child.
 1119         Section 24. Paragraph (a) of subsection (3) of section
 1120  985.14, Florida Statutes, is amended to read:
 1121         985.14 Intake and case management system.—
 1122         (3) The intake and case management system shall facilitate
 1123  consistency in the recommended placement of each child, and in
 1124  the assessment, classification, and placement process, with the
 1125  following purposes:
 1126         (a) An individualized, multidisciplinary assessment process
 1127  that identifies the priority needs of each individual child for
 1128  rehabilitation and treatment and identifies any needs of the
 1129  child’s parents or guardians for services that would enhance
 1130  their ability to provide adequate support, guidance, and
 1131  supervision for the child. This process shall begin with the
 1132  detention risk assessment instrument and decision, shall include
 1133  the intake preliminary screening and comprehensive assessment
 1134  for substance abuse treatment services, mental health services,
 1135  retardation services, literacy services, and other educational
 1136  and treatment services as components, additional assessment of
 1137  the child’s treatment needs, and classification regarding the
 1138  child’s risks to the community and, for a serious or habitual
 1139  delinquent child, shall include the assessment for placement in
 1140  a serious or habitual delinquent children program under s.
 1141  985.47. The completed multidisciplinary assessment process shall
 1142  result in the predisposition report.
 1143         Section 25. For the purpose of incorporating the amendment
 1144  made by this act to section 984.14, Florida Statutes, in a
 1145  reference thereto, subsection (3) of section 984.13, Florida
 1146  Statutes, is reenacted to read:
 1147         984.13 Taking into custody a child alleged to be from a
 1148  family in need of services or to be a child in need of
 1149  services.—
 1150         (3) If the child is taken into custody by, or is delivered
 1151  to, the department, the appropriate representative of the
 1152  department shall review the facts and make such further inquiry
 1153  as necessary to determine whether the child shall remain in
 1154  custody or be released. Unless shelter is required as provided
 1155  in s. 984.14(1), the department shall:
 1156         (a) Release the child to his or her parent, guardian, or
 1157  legal custodian, to a responsible adult relative, to a
 1158  responsible adult approved by the department, or to a
 1159  department-approved family-in-need-of-services and child-in
 1160  need-of-services provider; or
 1161         (b) Authorize temporary services and treatment that would
 1162  allow the child alleged to be from a family in need of services
 1163  to remain at home.
 1164         Section 26. This act shall take effect July 1, 2011.
 1165  
 1166  ================= T I T L E  A M E N D M E N T ================
 1167  And the title is amended as follows:
 1168  
 1169         Delete everything before the enacting clause
 1170  and insert:
 1171                        A bill to be entitled                      
 1172         An act relating to juvenile justice; amending s.
 1173         394.492, F.S.; including children 9 years of age or
 1174         younger at the time of referral for a delinquent act
 1175         within the definition of those children who are
 1176         eligible to receive comprehensive mental health
 1177         services; amending s. 985.02, F.S.; revising
 1178         legislative intent for the juvenile justice system;
 1179         amending s. 985.125, F.S.; encouraging law enforcement
 1180         agencies, school districts, counties, municipalities,
 1181         and the Department of Juvenile Justice to establish
 1182         prearrest or postarrest diversion programs and to give
 1183         first-time misdemeanor offenders and offenders who are
 1184         9 years of age or younger an opportunity to
 1185         participate in the programs; amending s. 985.145,
 1186         F.S.; requiring a juvenile probation officer to make a
 1187         referral to the appropriate shelter if the completed
 1188         risk assessment instrument shows that the child is
 1189         ineligible for secure detention; amending s. 985.24,
 1190         F.S.; prohibiting a child alleged to have committed a
 1191         delinquent act or violation of law from being placed
 1192         into secure, nonsecure, or home detention care because
 1193         of a misdemeanor charge of domestic violence if the
 1194         child lives in a family that has a history of family
 1195         violence or if the child is a victim of abuse or
 1196         neglect unless the child would otherwise be subject to
 1197         secure detention based on prior history; prohibiting a
 1198         child 9 years of age or younger from being placed into
 1199         secure detention care unless the child is charged with
 1200         a capital felony, a life felony, or a felony of the
 1201         first degree; amending s. 985.245, F.S.; revising the
 1202         development process for the risk assessment
 1203         instrument; revising factors to be considered in
 1204         assessing a child’s risk of rearrest or failure to
 1205         appear; amending s. 985.255, F.S.; providing that a
 1206         child may be placed in home detention care or detained
 1207         in secure detention care under certain circumstances;
 1208         providing that a child who is charged with committing
 1209         a felony offense of domestic violence and who does not
 1210         meet detention criteria may nevertheless be held in
 1211         secure detention care if the court makes certain
 1212         specific written findings; amending s. 985.441, F.S.;
 1213         removing obsolete provisions relating to committing a
 1214         child to a program or facility for serious or habitual
 1215         juvenile offenders; authorizing a court to commit a
 1216         female child adjudicated as delinquent to the
 1217         department for placement in a mother-infant program
 1218         designed to serve the needs of juvenile mothers or
 1219         expectant juvenile mothers who are committed as
 1220         delinquents; amending s. 985.45, F.S.; providing that
 1221         whenever a child is required by the court to
 1222         participate in any juvenile justice work program, the
 1223         child is considered an employee of the state for the
 1224         purpose of workers’ compensation; amending s. 985.632,
 1225         F.S.; establishing legislative intent that the
 1226         Department of Juvenile Justice collect and analyze
 1227         available statistical data for the purpose of ongoing
 1228         evaluation of all juvenile justice programs;
 1229         redefining terms; requiring the department to use a
 1230         standard methodology to annually measure, evaluate,
 1231         and report program outputs and youth outcomes for each
 1232         program and program group; requiring that the
 1233         department submit an annual report to the appropriate
 1234         committees of the Legislature and the Governor;
 1235         requiring that the department notify specified parties
 1236         of substantive changes to the standard methodology
 1237         used in its evaluation; requiring that the department
 1238         apply a program accountability measures analysis to
 1239         each commitment program; deleting obsolete provisions;
 1240         repealing ss. 985.03(48), 985.03(56), 985.47, 985.483,
 1241         985.486, and 985.636, F.S., relating to, respectively,
 1242         legislative intent for serious or habitual juvenile
 1243         offenders in the juvenile justice system, definitions
 1244         of terms for a training school and the serious or
 1245         habitual juvenile offender program, the serious or
 1246         habitual juvenile offender program in the juvenile
 1247         justice system, the intensive residential treatment
 1248         program for offenders less than 13 years of age, and
 1249         the designation of persons holding law enforcement
 1250         certification within the Office of the Inspector
 1251         General to act as law enforcement officers; amending
 1252         s. 985.494, F.S.; requiring a child who is adjudicated
 1253         delinquent, or for whom adjudication is withheld, to
 1254         be committed to a maximum-risk residential program for
 1255         an act that would be a felony if committed by an adult
 1256         if the child has completed two different high-risk
 1257         residential commitment programs; repealing s. 985.445,
 1258         F.S., relating to cases involving grand theft of a
 1259         motor vehicle committed by a child; amending ss.
 1260         985.0301, and 985.565, F.S.; conforming references to
 1261         changes made by the act; amending s. 985.66, F.S.;
 1262         removing all references to the Juvenile Justice
 1263         Standards and Training Commission; requiring the
 1264         Department of Juvenile Justice to be responsible for
 1265         staff development and training; specifying the duties
 1266         and responsibilities of the department for staff
 1267         development; removing obsolete provisions to conform
 1268         to changes made by the act; repealing s. 985.48(8),
 1269         F.S., relating to activities of the Juvenile Justice
 1270         Standards and Training Commission with respect to
 1271         training and treatment services for juvenile sexual
 1272         offenders; amending ss. 984.14 and 985.14, F.S.;
 1273         revising provisions to conform to changes made by the
 1274         act; reenacting s. 914.13(3), F.S., relating to taking
 1275         a child into custody allegedly from a family or a
 1276         child in need of services, to incorporate the
 1277         amendments made to s. 984.14, F.S., in a reference
 1278         thereto; providing an effective date.