Florida Senate - 2011                             CS for SB 1850
       
       
       
       By the Committee on Budget; and Senator Evers
       
       
       
       
       576-04688-11                                          20111850c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for a delinquent act
    5         within the definition of those children who are
    6         eligible to receive comprehensive mental health
    7         services; amending s. 985.02, F.S.; revising
    8         legislative intent for the juvenile justice system;
    9         amending s. 985.125, F.S.; encouraging law enforcement
   10         agencies, school districts, counties, municipalities,
   11         and the Department of Juvenile Justice to establish
   12         prearrest or postarrest diversion programs and to give
   13         first-time misdemeanor offenders and offenders who are
   14         9 years of age or younger an opportunity to
   15         participate in the programs; amending s. 985.145,
   16         F.S.; requiring a juvenile probation officer to make a
   17         referral to the appropriate shelter if the completed
   18         risk assessment instrument shows that the child is
   19         ineligible for secure detention; amending s. 985.24,
   20         F.S.; prohibiting a child alleged to have committed a
   21         delinquent act or violation of law from being placed
   22         into secure, nonsecure, or home detention care because
   23         of a misdemeanor charge of domestic violence if the
   24         child lives in a family that has a history of family
   25         violence or if the child is a victim of abuse or
   26         neglect unless the child would otherwise be subject to
   27         secure detention based on prior history; prohibiting a
   28         child 9 years of age or younger from being placed into
   29         secure detention care unless the child is charged with
   30         a capital felony, a life felony, or a felony of the
   31         first degree; amending s. 985.245, F.S.; revising the
   32         development process for the risk assessment
   33         instrument; revising factors to be considered in
   34         assessing a child’s risk of rearrest or failure to
   35         appear; amending s. 985.255, F.S.; providing that a
   36         child may be placed in home detention care or detained
   37         in secure detention care under certain circumstances;
   38         providing that a child who is charged with committing
   39         a felony offense of domestic violence and who does not
   40         meet detention criteria may nevertheless be held in
   41         secure detention care if the court makes certain
   42         specific written findings; amending s. 985.441, F.S.;
   43         removing obsolete provisions relating to committing a
   44         child to a program or facility for serious or habitual
   45         juvenile offenders; authorizing a court to commit a
   46         female child adjudicated as delinquent to the
   47         department for placement in a mother-infant program
   48         designed to serve the needs of juvenile mothers or
   49         expectant juvenile mothers who are committed as
   50         delinquents; amending s. 985.45, F.S.; providing that
   51         whenever a child is required by the court to
   52         participate in any juvenile justice work program, the
   53         child is considered an employee of the state for the
   54         purpose of workers’ compensation; amending s. 985.632,
   55         F.S.; establishing legislative intent that the
   56         Department of Juvenile Justice collect and analyze
   57         available statistical data for the purpose of ongoing
   58         evaluation of all juvenile justice programs;
   59         redefining terms; requiring the department to use a
   60         standard methodology to annually measure, evaluate,
   61         and report program outputs and youth outcomes for each
   62         program and program group; requiring that the
   63         department submit an annual report to the appropriate
   64         committees of the Legislature and the Governor;
   65         requiring that the department notify specified parties
   66         of substantive changes to the standard methodology
   67         used in its evaluation; requiring that the department
   68         apply a program accountability measures analysis to
   69         each commitment program; deleting obsolete provisions;
   70         amending s. 985.652, F.S.; removing a private
   71         corporation operating a state-owned training school
   72         under a contract with the Department of Juvenile
   73         Justice from insurance coverage provided by the
   74         Division of Risk Management of the Department of
   75         Financial Services; repealing ss. 985.03(48),
   76         985.03(56), 985.47, 985.483, 985.486, and 985.636,
   77         F.S., relating to, respectively, legislative intent
   78         for serious or habitual juvenile offenders in the
   79         juvenile justice system, definitions of terms for a
   80         training school and the serious or habitual juvenile
   81         offender program, the serious or habitual juvenile
   82         offender program in the juvenile justice system, the
   83         intensive residential treatment program for offenders
   84         less than 13 years of age, and the designation of
   85         persons holding law enforcement certification within
   86         the Office of the Inspector General to act as law
   87         enforcement officers; amending s. 985.494, F.S.;
   88         requiring a child who is adjudicated delinquent, or
   89         for whom adjudication is withheld, to be committed to
   90         a maximum-risk residential program for an act that
   91         would be a felony if committed by an adult if the
   92         child has completed two different high-risk
   93         residential commitment programs; repealing s. 985.445,
   94         F.S., relating to cases involving grand theft of a
   95         motor vehicle committed by a child; amending ss.
   96         985.0301 and 985.565, F.S.; conforming references to
   97         changes made by the act; amending s. 985.66, F.S.;
   98         removing all references to the Juvenile Justice
   99         Standards and Training Commission; requiring the
  100         Department of Juvenile Justice to be responsible for
  101         staff development and training; specifying the duties
  102         and responsibilities of the department for staff
  103         development; removing obsolete provisions to conform
  104         to changes made by the act; repealing s. 985.48(8),
  105         F.S., relating to activities of the Juvenile Justice
  106         Standards and Training Commission with respect to
  107         training and treatment services for juvenile sexual
  108         offenders; amending ss. 984.14 and 985.14, F.S.;
  109         revising provisions to conform to changes made by the
  110         act; reenacting s. 914.13(3), F.S., relating to taking
  111         a child into custody allegedly from a family or a
  112         child in need of services, to incorporate the
  113         amendment made to s. 984.14, F.S., in a reference
  114         thereto; providing an effective date.
  115  
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Subsection (4) of section 394.492, Florida
  119  Statutes, is amended to read:
  120         394.492 Definitions.—As used in ss. 394.490-394.497, the
  121  term:
  122         (4) “Child or adolescent at risk of emotional disturbance”
  123  means a person under 18 years of age who has an increased
  124  likelihood of becoming emotionally disturbed because of risk
  125  factors that include, but are not limited to:
  126         (a) Being homeless.
  127         (b) Having a family history of mental illness.
  128         (c) Being physically or sexually abused or neglected.
  129         (d) Abusing alcohol or other substances.
  130         (e) Being infected with human immunodeficiency virus (HIV).
  131         (f) Having a chronic and serious physical illness.
  132         (g) Having been exposed to domestic violence.
  133         (h) Having multiple out-of-home placements.
  134         (i)Being 9 years of age or younger at the time of referral
  135  for a delinquent act.
  136         Section 2. Section 985.02, Florida Statutes, is amended to
  137  read:
  138         985.02 Legislative intent for the juvenile justice system.—
  139         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  140  the Legislature that the children of this state be provided with
  141  the following protections:
  142         (a) Protection from abuse, neglect, and exploitation.
  143         (b) A permanent and stable home.
  144         (c) A safe and nurturing environment which will preserve a
  145  sense of personal dignity and integrity.
  146         (d) Adequate nutrition, shelter, and clothing.
  147         (e) Effective treatment to address physical, social, and
  148  emotional needs, regardless of geographical location.
  149         (f) Equal opportunity and access to quality and effective
  150  education, which will meet the individual needs of each child,
  151  and to recreation and other community resources to develop
  152  individual abilities.
  153         (g) Access to preventive services.
  154         (h) An independent, trained advocate when intervention is
  155  necessary, and a skilled guardian or caretaker in a safe
  156  environment when alternative placement is necessary.
  157         (i) Gender-specific programming and gender-specific program
  158  models and services that comprehensively address the needs of a
  159  targeted gender group.
  160         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  161  children in the care of the state’s dependency and delinquency
  162  systems need appropriate health care services, that the impact
  163  of substance abuse on health indicates the need for health care
  164  services to include substance abuse services where appropriate,
  165  and that it is in the state’s best interest that such children
  166  be provided the services they need to enable them to become and
  167  remain independent of state care. In order to provide these
  168  services, the state’s dependency and delinquency systems must
  169  have the ability to identify and provide appropriate
  170  intervention and treatment for children with personal or family
  171  related substance abuse problems. It is therefore the purpose of
  172  the Legislature to provide authority for the state to contract
  173  with community substance abuse treatment providers for the
  174  development and operation of specialized support and overlay
  175  services for the dependency and delinquency systems, which will
  176  be fully implemented and utilized as resources permit.
  177         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  178  policy of the state with respect to juvenile justice and
  179  delinquency prevention to first protect the public from acts of
  180  delinquency. In addition, it is the policy of the state to:
  181         (a) Develop and implement effective methods of preventing
  182  and reducing acts of delinquency, with a focus on maintaining
  183  and strengthening the family as a whole so that children may
  184  remain in their homes or communities.
  185         (b) Develop and implement effective programs to prevent
  186  delinquency, to divert children from the traditional juvenile
  187  justice system, to intervene at an early stage of delinquency,
  188  and to provide critically needed alternatives to
  189  institutionalization, and deep-end commitment, and secure
  190  detention.
  191         (c) Provide well-trained personnel, high-quality services,
  192  and cost-effective programs within the juvenile justice system.
  193         (d) Increase the capacity of local governments and public
  194  and private agencies to conduct rehabilitative treatment
  195  programs and to provide research, evaluation, and training
  196  services in the field of juvenile delinquency prevention.
  197  
  198  The Legislature intends that detention care, in addition to
  199  providing secure and safe custody, will promote the health and
  200  well-being of the children committed thereto and provide an
  201  environment that fosters their social, emotional, intellectual,
  202  and physical development.
  203         (4) DETENTION.—
  204         (a) The Legislature finds that there is a need for a secure
  205  placement for certain children alleged to have committed a
  206  delinquent act. The Legislature finds that detention should be
  207  used only when less restrictive interim placement alternatives
  208  prior to adjudication and disposition are not appropriate. The
  209  Legislature further finds that decisions to detain should be
  210  based in part on a prudent assessment of risk and be limited to
  211  situations where there is clear and convincing evidence that a
  212  child presents a risk of failing to appear or presents a
  213  substantial risk of inflicting bodily harm on others as
  214  evidenced by recent behavior; presents a history of committing a
  215  serious property offense prior to adjudication, disposition, or
  216  placement; has acted in direct or indirect contempt of court; or
  217  requests protection from imminent bodily harm.
  218         (b) The Legislature intends that a juvenile found to have
  219  committed a delinquent act understands the consequences and the
  220  serious nature of such behavior. Therefore, the Legislature
  221  finds that secure detention is appropriate to ensure public
  222  safety and guarantee a juvenile’s appearance in court provide
  223  punishment that discourages further delinquent behavior. The
  224  Legislature also finds that certain juveniles have committed a
  225  sufficient number of criminal acts, including acts involving
  226  violence to persons, to represent sufficient danger to the
  227  community to warrant sentencing and placement within the adult
  228  system. It is the intent of the Legislature to establish clear
  229  criteria in order to identify these juveniles and remove them
  230  from the juvenile justice system.
  231         (5) SERIOUS OR HABITUAL JUVENILE OFFENDERS.—The Legislature
  232  finds that fighting crime effectively requires a multipronged
  233  effort focusing on particular classes of delinquent children and
  234  the development of particular programs. This state’s juvenile
  235  justice system has an inadequate number of beds for serious or
  236  habitual juvenile offenders and an inadequate number of
  237  community and residential programs for a significant number of
  238  children whose delinquent behavior is due to or connected with
  239  illicit substance abuse. In addition, A significant number of
  240  children have been adjudicated in adult criminal court and
  241  placed in this state’s prisons where programs are inadequate to
  242  meet their rehabilitative needs and where space is needed for
  243  adult offenders. Recidivism rates for each of these classes of
  244  offenders exceed those tolerated by the Legislature and by the
  245  citizens of this state.
  246         (5)(6) SITING OF FACILITIES.—
  247         (a) The Legislature finds that timely siting and
  248  development of needed residential facilities for juvenile
  249  offenders is critical to the public safety of the citizens of
  250  this state and to the effective rehabilitation of juvenile
  251  offenders.
  252         (b) It is the purpose of the Legislature to guarantee that
  253  such facilities are sited and developed within reasonable
  254  timeframes after they are legislatively authorized and
  255  appropriated.
  256         (c) The Legislature further finds that such facilities must
  257  be located in areas of the state close to the home communities
  258  of the children they house in order to ensure the most effective
  259  rehabilitation efforts and the most intensive postrelease
  260  supervision and case management. Residential facilities shall
  261  have no more than 165 beds each, including campus-style
  262  programs, unless those campus-style programs include more than
  263  one level of restrictiveness, provide multilevel education and
  264  treatment programs using different treatment protocols, and have
  265  facilities that coexist separately in distinct locations on the
  266  same property.
  267         (d) It is the intent of the Legislature that all other
  268  departments and agencies of the state shall cooperate fully with
  269  the Department of Juvenile Justice to accomplish the siting of
  270  facilities for juvenile offenders.
  271  
  272  The supervision, counseling, rehabilitative treatment, and
  273  punitive efforts of the juvenile justice system should avoid the
  274  inappropriate use of correctional programs and large
  275  institutions. The Legislature finds that detention services
  276  should exceed the primary goal of providing safe and secure
  277  custody pending adjudication and disposition.
  278         (6)(7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  279  Parents, custodians, and guardians are deemed by the state to be
  280  responsible for providing their children with sufficient
  281  support, guidance, and supervision to deter their participation
  282  in delinquent acts. The state further recognizes that the
  283  ability of parents, custodians, and guardians to fulfill those
  284  responsibilities can be greatly impaired by economic, social,
  285  behavioral, emotional, and related problems. It is therefore the
  286  policy of the Legislature that it is the state’s responsibility
  287  to ensure that factors impeding the ability of caretakers to
  288  fulfill their responsibilities are identified through the
  289  delinquency intake process and that appropriate recommendations
  290  to address those problems are considered in any judicial or
  291  nonjudicial proceeding. Nonetheless, as it is also the intent of
  292  the Legislature to preserve and strengthen the child’s family
  293  ties, it is the policy of the Legislature that the emotional,
  294  legal, and financial responsibilities of the caretaker with
  295  regard to the care, custody, and support of the child continue
  296  while the child is in the physical or legal custody of the
  297  department.
  298         (7)(8) GENDER-SPECIFIC PROGRAMMING.—
  299         (a) The Legislature finds that the prevention, treatment,
  300  and rehabilitation needs of youth served by the juvenile justice
  301  system are gender-specific.
  302         (b) Gender-specific programming refers to unique program
  303  models and services that comprehensively address the needs of a
  304  targeted gender group. Gender-specific services require the
  305  adherence to the principle of equity to ensure that the
  306  different interests of young women and men are recognized and
  307  varying needs are met, with equality as the desired outcome.
  308  Gender-specific programming focuses on the differences between
  309  young females’ and young males’ roles and responsibilities,
  310  positions in society, access to and use of resources, and social
  311  codes governing behavior. Gender-specific programs increase the
  312  effectiveness of programs by making interventions more
  313  appropriate to the specific needs of young women and men and
  314  ensuring that these programs do not unknowingly create,
  315  maintain, or reinforce gender roles or relations that may be
  316  damaging.
  317         (8) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  318  finds that very young children need age-appropriate services in
  319  order to prevent and reduce future acts of delinquency. Children
  320  who are 9 years of age or younger should be diverted into
  321  prearrest or postarrest programs, civil citation programs,
  322  children-in-need-of-services and families-in-need-of-services
  323  programs, or other programs, as appropriate. If, based upon a
  324  needs assessment, the child is found to be in need of mental
  325  health services or substance abuse treatment services, the
  326  department shall cooperate with the parent or legal guardian and
  327  the Department of Children and Family Services, as appropriate,
  328  to identify the most appropriate services and supports and
  329  available funding sources to meet the needs of the child.
  330         (9)RESTORATIVE JUSTICE.—
  331         (a)It is the intent of the Legislature that the juvenile
  332  justice system advance the principles of restorative justice.
  333  The department shall focus on repairing the harm to victims of
  334  delinquent behavior by ensuring that the child understands the
  335  effect of his or her delinquent behavior on the victim and the
  336  community and that the child restores the losses of his or her
  337  victim.
  338         (b)Offender accountability is one of the principles of
  339  restorative justice. The premise of this principle is that the
  340  juvenile justice system must respond to delinquent behavior in
  341  such a way that the offender is made aware of and takes
  342  responsibility for repaying or restoring loss, damage, or injury
  343  perpetrated upon the victim and the community. This goal is
  344  achieved when the offender understands the consequences of
  345  delinquent behaviors in terms of harm to others, and when the
  346  offender makes amends for the harm, loss, or damage through
  347  restitution, community service, or other appropriate repayment.
  348         Section 3. Subsection (1) of section 985.125, Florida
  349  Statutes, is amended to read:
  350         985.125 Prearrest or postarrest diversion programs.—
  351         (1) A law enforcement agency, or school district, county,
  352  municipality, or the department, in cooperation with the state
  353  attorney, is encouraged to may establish a prearrest or
  354  postarrest diversion programs. Youth who are taken into custody
  355  for first-time misdemeanor offenses or offenders who are 9 years
  356  of age or younger should be given an opportunity to participate
  357  in prearrest or postarrest diversion programs program.
  358         Section 4. Paragraph (d) of subsection (1) of section
  359  985.145, Florida Statutes, is amended to read:
  360         985.145 Responsibilities of juvenile probation officer
  361  during intake; screenings and assessments.—
  362         (1) The juvenile probation officer shall serve as the
  363  primary case manager for the purpose of managing, coordinating,
  364  and monitoring the services provided to the child. Each program
  365  administrator within the Department of Children and Family
  366  Services shall cooperate with the primary case manager in
  367  carrying out the duties and responsibilities described in this
  368  section. In addition to duties specified in other sections and
  369  through departmental rules, the assigned juvenile probation
  370  officer shall be responsible for the following:
  371         (d) Completing risk assessment instrument.—The juvenile
  372  probation officer shall ensure that a risk assessment instrument
  373  establishing the child’s eligibility for detention has been
  374  accurately completed and that the appropriate recommendation was
  375  made to the court. If, upon completion of the risk assessment
  376  instrument, the child is ineligible for secure detention based
  377  on the criteria in s. 985.24(2)(e), the juvenile probation
  378  officer shall make a referral to the appropriate shelter for a
  379  child in need of services or family in need of services.
  380         Section 5. Section 985.24, Florida Statutes, is amended to
  381  read:
  382         985.24 Use of detention; prohibitions.—
  383         (1) All determinations and court orders regarding the use
  384  of secure, nonsecure, or home detention must shall be based
  385  primarily upon findings that the child:
  386         (a) Presents a substantial risk of not appearing at a
  387  subsequent hearing;
  388         (b) Presents a substantial risk of inflicting bodily harm
  389  on others as evidenced by recent behavior;
  390         (c) Presents a history of committing a property offense
  391  prior to adjudication, disposition, or placement;
  392         (d) Has committed contempt of court by:
  393         1. Intentionally disrupting the administration of the
  394  court;
  395         2. Intentionally disobeying a court order; or
  396         3. Engaging in a punishable act or speech in the court’s
  397  presence which shows disrespect for the authority and dignity of
  398  the court; or
  399         (e) Requests protection from imminent bodily harm.
  400         (2) A child alleged to have committed a delinquent act or
  401  violation of law may not be placed into secure, nonsecure, or
  402  home detention care for any of the following reasons:
  403         (a) To allow a parent to avoid his or her legal
  404  responsibility.
  405         (b) To permit more convenient administrative access to the
  406  child.
  407         (c) To facilitate further interrogation or investigation.
  408         (d) Due to a lack of more appropriate facilities.
  409         (e)Due to a misdemeanor charge of domestic violence if the
  410  child lives in a family that has a history of family violence,
  411  as defined in s. 741.28, or if the child is a victim of abuse or
  412  neglect, as defined in s. 39.01, and the decision to place the
  413  child in secure detention care is mitigated by the history of
  414  trauma faced by the child, unless the child would otherwise be
  415  subject to secure detention based on his or her prior history.
  416         (3) A child alleged to be dependent under chapter 39 may
  417  not, under any circumstances, be placed into secure detention
  418  care.
  419         (4)A child 9 years of age or younger may not be placed
  420  into secure detention care unless the child is charged with a
  421  capital felony, a life felony, or a felony of the first degree.
  422         (5)(4) The department shall continue to identify
  423  alternatives to secure detention care and shall develop such
  424  alternatives and annually submit them to the Legislature for
  425  authorization and appropriation.
  426         Section 6. Paragraphs (a) and (b) of subsection (2) of
  427  section 985.245, Florida Statutes, are amended to read:
  428         985.245 Risk assessment instrument.—
  429         (2)(a) The risk assessment instrument for detention care
  430  placement determinations and court orders shall be developed by
  431  the department in consultation agreement with representatives
  432  appointed by the following associations: the Conference of
  433  Circuit Judges of Florida, the Prosecuting Attorneys
  434  Association, the Public Defenders Association, the Florida
  435  Sheriffs Association, and the Florida Association of Chiefs of
  436  Police. Each association shall appoint two individuals, one
  437  representing an urban area and one representing a rural area.
  438  The risk assessment instrument shall be effective at predicting
  439  risk and avoiding the unnecessary use of secure detention. The
  440  parties involved shall evaluate and revise the risk assessment
  441  instrument as is considered necessary using the method for
  442  revision as agreed by the parties.
  443         (b) The risk assessment instrument shall accurately predict
  444  a child’s risk of rearrest or failure to appear in court. The
  445  risk assessment instrument may take the following factors take
  446  into consideration, but need not be limited to, the child’s
  447  prior history of failure to appear, prior offenses, offenses
  448  committed pending adjudication, any unlawful possession of a
  449  firearm, theft of a motor vehicle or possession of a stolen
  450  motor vehicle, and probation status at the time the child is
  451  taken into custody. The risk assessment instrument shall also
  452  take into consideration appropriate aggravating and mitigating
  453  circumstances, and shall be designed to target a narrower
  454  population of children than s. 985.255. The risk assessment
  455  instrument shall also include any information concerning the
  456  child’s history of abuse and neglect. The risk assessment shall
  457  indicate whether detention care is warranted, and, if detention
  458  care is warranted, whether the child should be placed into
  459  secure, nonsecure, or home detention care.
  460         Section 7. Section 985.255, Florida Statutes, is amended to
  461  read:
  462         985.255 Detention criteria; detention hearing.—
  463         (1) Subject to s. 985.25(1), a child taken into custody and
  464  placed into nonsecure or home detention care or detained in
  465  secure detention care before prior to a detention hearing may
  466  continue to be detained by the court if:
  467         (a) The child is alleged to be an escapee from a
  468  residential commitment program; or an absconder from a
  469  nonresidential commitment program, a probation program, or
  470  conditional release supervision; or is alleged to have escaped
  471  while being lawfully transported to or from a residential
  472  commitment program.
  473         (b) The child is wanted in another jurisdiction for an
  474  offense which, if committed by an adult, would be a felony.
  475         (c) The child is charged with a delinquent act or violation
  476  of law and requests in writing through legal counsel to be
  477  detained for protection from an imminent physical threat to his
  478  or her personal safety.
  479         (d) The child is charged with committing a felony an
  480  offense of domestic violence as defined in s. 741.28 and is
  481  detained as provided in subsection (2).
  482         (e) The child is charged with possession or discharging a
  483  firearm on school property in violation of s. 790.115.
  484         (f) The child is charged with a capital felony, a life
  485  felony, a felony of the first degree, a felony of the second
  486  degree that does not involve a violation of chapter 893, or a
  487  felony of the third degree that is also a crime of violence,
  488  including any such offense involving the use or possession of a
  489  firearm.
  490         (g) The child is charged with any second degree or third
  491  degree felony involving a violation of chapter 893 or any third
  492  degree felony that is not also a crime of violence, and the
  493  child:
  494         1. Has a record of failure to appear at court hearings
  495  after being properly notified in accordance with the Rules of
  496  Juvenile Procedure;
  497         2. Has a record of law violations prior to court hearings;
  498         3. Has already been detained or has been released and is
  499  awaiting final disposition of the case;
  500         4. Has a record of violent conduct resulting in physical
  501  injury to others; or
  502         5. Is found to have been in possession of a firearm.
  503         (h) The child is alleged to have violated the conditions of
  504  the child’s probation or conditional release supervision.
  505  However, a child detained under this paragraph may be held only
  506  in a consequence unit as provided in s. 985.439. If a
  507  consequence unit is not available, the child shall be placed on
  508  home detention with electronic monitoring.
  509         (i) The child is detained on a judicial order for failure
  510  to appear and has previously willfully failed to appear, after
  511  proper notice, for an adjudicatory hearing on the same case
  512  regardless of the results of the risk assessment instrument. A
  513  child may be held in secure detention for up to 72 hours in
  514  advance of the next scheduled court hearing pursuant to this
  515  paragraph. The child’s failure to keep the clerk of court and
  516  defense counsel informed of a current and valid mailing address
  517  where the child will receive notice to appear at court
  518  proceedings does not provide an adequate ground for excusal of
  519  the child’s nonappearance at the hearings.
  520         (j) The child is detained on a judicial order for failure
  521  to appear and has previously willfully failed to appear, after
  522  proper notice, at two or more court hearings of any nature on
  523  the same case regardless of the results of the risk assessment
  524  instrument. A child may be held in secure detention for up to 72
  525  hours in advance of the next scheduled court hearing pursuant to
  526  this paragraph. The child’s failure to keep the clerk of court
  527  and defense counsel informed of a current and valid mailing
  528  address where the child will receive notice to appear at court
  529  proceedings does not provide an adequate ground for excusal of
  530  the child’s nonappearance at the hearings.
  531         (2) A child who is charged with committing a felony an
  532  offense of domestic violence as defined in s. 741.28 and who
  533  does not meet detention criteria may be held in secure detention
  534  if the court makes specific written findings that:
  535         (a) Respite care for the child is not available.
  536         (b) It is necessary to place the child in secure detention
  537  in order to protect the victim from injury.
  538  
  539  The child may not be held in secure detention under this
  540  subsection for more than 48 hours unless ordered by the court.
  541  After 48 hours, the court shall hold a hearing if the state
  542  attorney or victim requests that secure detention be continued.
  543  The child may continue to be held in detention care if the court
  544  makes a specific, written finding that detention care is
  545  necessary to protect the victim from injury. However, the child
  546  may not be held in detention care beyond the time limits set
  547  forth in this section or s. 985.26.
  548         (3)(a) A child who meets any of the criteria in subsection
  549  (1) and who is ordered to be detained under that subsection
  550  shall be given a hearing within 24 hours after being taken into
  551  custody. The purpose of the detention hearing is to determine
  552  the existence of probable cause that the child has committed the
  553  delinquent act or violation of law that he or she is charged
  554  with and the need for continued detention. Unless a child is
  555  detained under paragraph (1)(d) or paragraph (1)(e), the court
  556  shall use the results of the risk assessment performed by the
  557  juvenile probation officer and, based on the criteria in
  558  subsection (1), shall determine the need for continued
  559  detention. A child placed into secure, nonsecure, or home
  560  detention care may continue to be so detained by the court.
  561         (b) If the court orders a placement more restrictive than
  562  indicated by the results of the risk assessment instrument, the
  563  court shall state, in writing, clear and convincing reasons for
  564  such placement.
  565         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  566  when a child is placed into secure or nonsecure detention care,
  567  or into a respite home or other placement pursuant to a court
  568  order following a hearing, the court order must include specific
  569  instructions that direct the release of the child from such
  570  placement no later than 5 p.m. on the last day of the detention
  571  period specified in s. 985.26 or s. 985.27, whichever is
  572  applicable, unless the requirements of such applicable provision
  573  have been met or an order of continuance has been granted under
  574  s. 985.26(4).
  575         Section 8. Subsection (1) of section 985.441, Florida
  576  Statutes, is amended to read:
  577         985.441 Commitment.—
  578         (1) The court that has jurisdiction of an adjudicated
  579  delinquent child may, by an order stating the facts upon which a
  580  determination of a sanction and rehabilitative program was made
  581  at the disposition hearing:
  582         (a) Commit the child to a licensed child-caring agency
  583  willing to receive the child; however, the court may not commit
  584  the child to a jail or to a facility used primarily as a
  585  detention center or facility or shelter.
  586         (b) Commit the child to the department at a restrictiveness
  587  level defined in s. 985.03. Such commitment must be for the
  588  purpose of exercising active control over the child, including,
  589  but not limited to, custody, care, training, urine monitoring,
  590  and treatment of the child and release of the child from
  591  residential commitment into the community in a postcommitment
  592  nonresidential conditional release program. If the child is not
  593  successful in the conditional release program, the department
  594  may use the transfer procedure under subsection (3).
  595         (c) Commit the child to the department for placement in a
  596  program or facility for serious or habitual juvenile offenders
  597  in accordance with s. 985.47.
  598         1. Following a delinquency adjudicatory hearing under s.
  599  985.35 and a delinquency disposition hearing under s. 985.433
  600  that results in a commitment determination, the court shall, on
  601  its own or upon request by the state or the department,
  602  determine whether the protection of the public requires that the
  603  child be placed in a program for serious or habitual juvenile
  604  offenders and whether the particular needs of the child would be
  605  best served by a program for serious or habitual juvenile
  606  offenders as provided in s. 985.47. The determination shall be
  607  made under ss. 985.47(1) and 985.433(7).
  608         2. Any commitment of a child to a program or facility for
  609  serious or habitual juvenile offenders must be for an
  610  indeterminate period of time, but the time may not exceed the
  611  maximum term of imprisonment that an adult may serve for the
  612  same offense.
  613         (c)(d) Commit the child to the department for placement in
  614  a program or facility for juvenile sexual offenders in
  615  accordance with s. 985.48, subject to specific appropriation for
  616  such a program or facility.
  617         1. The child may only be committed for such placement
  618  pursuant to determination that the child is a juvenile sexual
  619  offender under the criteria specified in s. 985.475.
  620         2. Any commitment of a juvenile sexual offender to a
  621  program or facility for juvenile sexual offenders must be for an
  622  indeterminate period of time, but the time may not exceed the
  623  maximum term of imprisonment that an adult may serve for the
  624  same offense.
  625         (d) Commit the child to the department for placement in a
  626  mother-infant program designed to serve the needs of juvenile
  627  mothers or expectant juvenile mothers who are committed as
  628  delinquents. The department’s mother-infant program must be
  629  licensed as a child care facility in accordance with s. 402.308,
  630  and must provide the services and support necessary to enable
  631  the committed juvenile mothers to provide for the needs of their
  632  infants who, upon agreement of the mother, may accompany them in
  633  the program.
  634         Section 9. Subsection (1) of section 985.45, Florida
  635  Statutes, is amended to read:
  636         985.45 Liability and remuneration for work.—
  637         (1) Whenever a child is required by the court to
  638  participate in any work program under this part or whenever a
  639  child volunteers to work in a specified state, county,
  640  municipal, or community service organization supervised work
  641  program or to work for the victim, either as an alternative to
  642  monetary restitution or as a part of the rehabilitative or
  643  probation program, the child is an employee of the state for the
  644  purposes of chapter 440 liability.
  645         Section 10. Section 985.632, Florida Statutes, is amended
  646  to read:
  647         985.632 Program review and reporting requirements Quality
  648  assurance and cost-effectiveness.—
  649         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  650  that the department:
  651         (a) Ensure that information be provided to decisionmakers
  652  in a timely manner so that resources are allocated to programs
  653  that of the department which achieve desired performance levels.
  654         (b)Collect and analyze available statistical data for the
  655  purpose of ongoing evaluation of all programs.
  656         (c)(b) Provide information about the cost of such programs
  657  and their differential effectiveness so that program the quality
  658  may of such programs can be compared and improvements made
  659  continually.
  660         (d)(c) Provide information to aid in developing related
  661  policy issues and concerns.
  662         (e)(d) Provide information to the public about the
  663  effectiveness of such programs in meeting established goals and
  664  objectives.
  665         (f)(e) Provide a basis for a system of accountability so
  666  that each youth client is afforded the best programs to meet his
  667  or her needs.
  668         (g)(f) Improve service delivery to youth clients.
  669         (h)(g) Modify or eliminate activities that are not
  670  effective.
  671         (2) DEFINITIONS.—As used in this section, the term:
  672         (a) “Youth” “Client” means any person who is being provided
  673  treatment or services by the department or by a provider under
  674  contract with the department.
  675         (b)“Program” means any facility, service, or program for
  676  youth which is operated by the department or by a provider under
  677  contract with the department.
  678         (c)(b) “Program component” means an aggregation of
  679  generally related objectives which, because of their special
  680  character, related workload, and interrelated output, can
  681  logically be considered an entity for purposes of organization,
  682  management, accounting, reporting, and budgeting.
  683         (c) “Program effectiveness” means the ability of the
  684  program to achieve desired client outcomes, goals, and
  685  objectives.
  686         (d)“Program group” means a collection of programs having
  687  sufficient similarity of functions, services, and population to
  688  allow appropriate comparisons between programs within the group.
  689         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  690  shall use a standard methodology for annually measuring,
  691  evaluating, and reporting program outputs and youth outcomes for
  692  each program and program group. The department shall submit a
  693  report to the appropriate committees of the Legislature and the
  694  Governor by January 15 of each year. The department shall notify
  695  the Office of Program Policy Analysis and Government
  696  Accountability and each contract service provider of substantive
  697  changes to the methodology. The standard methodology must:
  698         (a)Define common terminology and operational definitions
  699  and methods by which the performance of program outputs and
  700  outcomes may be measured.
  701         (b)Specify program outputs for each program and for each
  702  program group within the juvenile justice continuum.
  703         (c)Report cost data for each program operated or
  704  contracted by the department for the fiscal year corresponding
  705  to the program outputs and outcomes being reported. The
  706  department shall annually collect and report cost data for every
  707  program operated or contracted by the department. The cost data
  708  shall conform to a format approved by the department and the
  709  Legislature. Uniform cost data shall be reported and collected
  710  for state-operated and contracted programs so that comparisons
  711  can be made among programs. The department shall ensure that
  712  there is accurate cost accounting for state-operated services
  713  including market-equivalent rent and other shared cost. The cost
  714  of the educational program provided to a residential facility
  715  shall be reported and included in the cost of a program. The
  716  department shall submit an annual cost report to the President
  717  of the Senate, the Speaker of the House of Representatives, the
  718  Minority Leader of each house of the Legislature, the
  719  appropriate substantive and fiscal committees of each house of
  720  the Legislature, and the Governor, no later than December 1 of
  721  each year. Cost-benefit analysis for educational programs will
  722  be developed and implemented in collaboration with and in
  723  cooperation with the Department of Education, local providers,
  724  and local school districts. Cost data for the report shall
  725  include data collected by the Department of Education for the
  726  purposes of preparing the annual report required by s.
  727  1003.52(19).
  728         (4) PROGRAM ACCOUNTABILITY MEASURES.—
  729         (a) The department, in consultation with the Office of
  730  Economic and Demographic Research and contract service
  731  providers, shall develop a cost-effectiveness model and apply
  732  the program accountability measures analysis model to each
  733  commitment program and include the results in the comprehensive
  734  accountability report. Program recidivism rates shall be a
  735  component of the model. The program accountability measures
  736  analysis cost-effectiveness model shall compare program costs to
  737  expected and actual youth recidivism rates client outcomes and
  738  program outputs. It is the intent of the Legislature that
  739  continual development efforts take place to improve the validity
  740  and reliability of the program accountability measures analysis
  741  cost-effectiveness model.
  742         (b) The department shall rank commitment programs based on
  743  the cost-effectiveness model and shall submit a report to the
  744  appropriate substantive and fiscal committees of each house of
  745  the Legislature by December 31 of each year.
  746         (b)(c) Based on reports of the department on client
  747  outcomes and program outputs and on the department’s most recent
  748  program accountability measures analysis cost-effectiveness
  749  rankings, the department may terminate its contract with or
  750  discontinue a commitment program operated by the department or a
  751  provider if the program has failed to achieve a minimum
  752  threshold of recidivism and cost-effectiveness program
  753  effectiveness. This paragraph does not preclude the department
  754  from terminating a contract as provided under this section or as
  755  otherwise provided by law or contract, and does not limit the
  756  department’s authority to enter into or terminate a contract.
  757         (c)(d)The department shall notify the Office of Program
  758  Policy Analysis and Government Accountability and each contract
  759  service provider of substantive changes to the program
  760  accountability measures analysis. In collaboration with the
  761  Office of Economic and Demographic Research, and contract
  762  service providers, the department shall develop a work plan to
  763  refine the cost-effectiveness model so that the model is
  764  consistent with the performance-based program budgeting measures
  765  approved by the Legislature to the extent the department deems
  766  appropriate. The department shall notify the Office of Program
  767  Policy Analysis and Government Accountability of any meetings to
  768  refine the model.
  769         (d)(e) Contingent upon specific appropriation, the
  770  department, in consultation with the Office of Economic and
  771  Demographic Research, and contract service providers, shall:
  772         1. Construct a profile of each commitment program which
  773  that uses the results of the quality assurance report required
  774  by this section, the program accountability measures analysis
  775  cost-effectiveness report required in this subsection, and other
  776  reports available to the department.
  777         2. Target, for a more comprehensive evaluation, any
  778  commitment program that has achieved consistently high, low, or
  779  disparate ratings in the reports required under subparagraph 1.
  780         3. Identify the essential factors that contribute to the
  781  high, low, or disparate program ratings.
  782         4. Use the results of these evaluations in developing or
  783  refining juvenile justice programs or program models, youth
  784  client outcomes and program outputs, provider contracts, quality
  785  assurance standards, and the program accountability measures
  786  analysis cost-effectiveness model.
  787         (5) QUALITY ASSURANCE.—The department shall:
  788         (a) Establish a comprehensive quality assurance system for
  789  each program operated by the department or operated by a
  790  provider under contract with the department. Each contract
  791  entered into by the department must provide for quality
  792  assurance and include the results in the comprehensive
  793  accountability report.
  794         (b) Provide operational definitions of and criteria for
  795  quality assurance for each specific program component.
  796         (c) Establish quality assurance goals and objectives for
  797  each specific program component.
  798         (d) Establish the information and specific data elements
  799  required for the quality assurance program.
  800         (e) Develop a quality assurance manual of specific,
  801  standardized terminology and procedures to be followed by each
  802  program.
  803         (f) Evaluate each program operated by the department or a
  804  provider under a contract with the department and establish
  805  minimum thresholds for each program component. If a provider
  806  fails to meet the established minimum thresholds, such failure
  807  shall cause the department to cancel the provider’s contract
  808  unless the provider achieves compliance with minimum thresholds
  809  within 6 months or unless there are documented extenuating
  810  circumstances. In addition, the department may not contract with
  811  the same provider for the canceled service for a period of 12
  812  months. If a department-operated program fails to meet the
  813  established minimum thresholds, the department must take
  814  necessary and sufficient steps to ensure and document program
  815  changes to achieve compliance with the established minimum
  816  thresholds. If the department-operated program fails to achieve
  817  compliance with the established minimum thresholds within 6
  818  months and if there are no documented extenuating circumstances,
  819  the department must notify the Executive Office of the Governor
  820  and the Legislature of the corrective action taken. Appropriate
  821  corrective action may include, but is not limited to:
  822         1. Contracting out for the services provided in the
  823  program;
  824         2. Initiating appropriate disciplinary action against all
  825  employees whose conduct or performance is deemed to have
  826  materially contributed to the program’s failure to meet
  827  established minimum thresholds;
  828         3. Redesigning the program; or
  829         4. Realigning the program.
  830  
  831  The department shall submit an annual report to the President of
  832  the Senate, the Speaker of the House of Representatives, the
  833  Minority Leader of each house of the Legislature, the
  834  appropriate substantive and fiscal committees of each house of
  835  the Legislature, and the Governor, no later than February 1 of
  836  each year. The annual report must contain, at a minimum, for
  837  each specific program component: a comprehensive description of
  838  the population served by the program; a specific description of
  839  the services provided by the program; cost; a comparison of
  840  expenditures to federal and state funding; immediate and long
  841  range concerns; and recommendations to maintain, expand,
  842  improve, modify, or eliminate each program component so that
  843  changes in services lead to enhancement in program quality. The
  844  department shall ensure the reliability and validity of the
  845  information contained in the report.
  846         (6) The department shall collect and analyze available
  847  statistical data for the purpose of ongoing evaluation of all
  848  programs. The department shall provide the Legislature with
  849  necessary information and reports to enable the Legislature to
  850  make informed decisions regarding the effectiveness of, and any
  851  needed changes in, services, programs, policies, and laws.
  852         Section 11. Section 985.652, Florida Statutes, is amended
  853  to read:
  854         985.652 Participation of certain programs in the State Risk
  855  Management Trust Fund.—Pursuant to s. 284.30, the Division of
  856  Risk Management of the Department of Financial Services is
  857  authorized to insure a private agency or, individual, or
  858  corporation operating a state-owned training school under a
  859  contract to carry out the purposes and responsibilities of any
  860  program of the department. The coverage authorized herein shall
  861  be under the same general terms and conditions as the department
  862  is insured for its responsibilities under chapter 284.
  863         Section 12. Subsection (48) of section 985.03, Florida
  864  Statutes, is repealed.
  865         Section 13. Subsection (56) of section 985.03, Florida
  866  Statutes, is repealed.
  867         Section 14. Section 985.47, Florida Statutes, is repealed.
  868         Section 15. Section 985.483, Florida Statutes, is repealed.
  869         Section 16. Section 985.486, Florida Statutes, is repealed.
  870         Section 17. Section 985.636, Florida Statutes, is repealed.
  871         Section 18. Section 985.494, Florida Statutes, is amended
  872  to read:
  873         985.494 Commitment programs for juvenile felony offenders.—
  874         (1) Notwithstanding any other law and regardless of the
  875  child’s age, a child who is adjudicated delinquent, or for whom
  876  adjudication is withheld, for an act that would be a felony if
  877  committed by an adult, shall be committed to:
  878         (a) A program for serious or habitual juvenile offenders
  879  under s. 985.47 or an intensive residential treatment program
  880  for offenders less than 13 years of age under s. 985.483, if the
  881  child has participated in an early delinquency intervention
  882  program and has completed a sheriff’s training and respect
  883  program.
  884         (b) a maximum-risk residential program, if the child has
  885  completed two different high-risk residential commitment
  886  programs participated in an early delinquency intervention
  887  program, has completed a sheriff’s training and respect program,
  888  and has completed a program for serious or habitual juvenile
  889  offenders or an intensive residential treatment program for
  890  offenders less than 13 years of age. The commitment of a child
  891  to a maximum-risk residential program must be for an
  892  indeterminate period, but may not exceed the maximum term of
  893  imprisonment that an adult may serve for the same offense.
  894         (2) In committing a child to the appropriate program, the
  895  court may consider an equivalent program of similar intensity as
  896  being comparable to a program required under subsection (1).
  897         Section 19. Section 985.445, Florida Statutes, is repealed.
  898         Section 20. Paragraphs (a), (b), (c), (e), and (g) of
  899  subsection (5) of section 985.0301, Florida Statutes, are
  900  amended to read:
  901         985.0301 Jurisdiction.—
  902         (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433,
  903  985.435, 985.439, and 985.441, and except as provided in s. ss.
  904  985.465 and 985.47 and paragraph (f), when the jurisdiction of
  905  any child who is alleged to have committed a delinquent act or
  906  violation of law is obtained, the court shall retain
  907  jurisdiction, unless relinquished by its order, until the child
  908  reaches 19 years of age, with the same power over the child that
  909  the court had prior to the child becoming an adult.
  910         (b) Notwithstanding ss. 743.07 and 985.455(3), and except
  911  as provided in s. 985.47, the term of any order placing a child
  912  in a probation program must be until the child’s 19th birthday
  913  unless he or she is released by the court on the motion of an
  914  interested party or on his or her own motion.
  915         (c) Notwithstanding ss. 743.07 and 985.455(3), and except
  916  as provided in s. 985.47, the term of the commitment must be
  917  until the child is discharged by the department or until he or
  918  she reaches the age of 21 years. Notwithstanding ss. 743.07,
  919  985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
  920  985.513, and except as provided in this section and s. 985.47, a
  921  child may not be held under a commitment from a court under s.
  922  985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
  923  after becoming 21 years of age.
  924         (e) The court may retain jurisdiction over a child
  925  committed to the department for placement in an intensive
  926  residential treatment program for 10-year-old to 13-year-old
  927  offenders, in the residential commitment program in a juvenile
  928  prison, or in a residential sex offender program, or in a
  929  program for serious or habitual juvenile offenders as provided
  930  in s. 985.47 or s. 985.483 until the child reaches the age of
  931  21. If the court exercises this jurisdiction retention, it shall
  932  do so solely for the purpose of the child completing the
  933  intensive residential treatment program for 10-year-old to 13
  934  year-old offenders, in the residential commitment program in a
  935  juvenile prison, in a residential sex offender program, or the
  936  program for serious or habitual juvenile offenders. Such
  937  jurisdiction retention does not apply for other programs, other
  938  purposes, or new offenses.
  939         (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
  940  or habitual juvenile offender shall not be held under commitment
  941  from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
  942  after becoming 21 years of age. This subparagraph shall apply
  943  only for the purpose of completing the serious or habitual
  944  juvenile offender program under this chapter and shall be used
  945  solely for the purpose of treatment.
  946         2. The court may retain jurisdiction over a child who has
  947  been placed in a program or facility for serious or habitual
  948  juvenile offenders until the child reaches the age of 21,
  949  specifically for the purpose of the child completing the
  950  program.
  951         Section 21. Paragraph (b) of subsection (4) of section
  952  985.565, Florida Statutes, is amended to read:
  953         985.565 Sentencing powers; procedures; alternatives for
  954  juveniles prosecuted as adults.—
  955         (4) SENTENCING ALTERNATIVES.—
  956         (b) Juvenile sanctions.—For juveniles transferred to adult
  957  court but who do not qualify for such transfer under s.
  958  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
  959  juvenile sanctions under this paragraph. If juvenile sentences
  960  are imposed, the court shall, under this paragraph, adjudge the
  961  child to have committed a delinquent act. Adjudication of
  962  delinquency shall not be deemed a conviction, nor shall it
  963  operate to impose any of the civil disabilities ordinarily
  964  resulting from a conviction. The court shall impose an adult
  965  sanction or a juvenile sanction and may not sentence the child
  966  to a combination of adult and juvenile punishments. An adult
  967  sanction or a juvenile sanction may include enforcement of an
  968  order of restitution or probation previously ordered in any
  969  juvenile proceeding. However, if the court imposes a juvenile
  970  sanction and the department determines that the sanction is
  971  unsuitable for the child, the department shall return custody of
  972  the child to the sentencing court for further proceedings,
  973  including the imposition of adult sanctions. Upon adjudicating a
  974  child delinquent under subsection (1), the court may:
  975         1. Place the child in a probation program under the
  976  supervision of the department for an indeterminate period of
  977  time until the child reaches the age of 19 years or sooner if
  978  discharged by order of the court.
  979         2. Commit the child to the department for treatment in an
  980  appropriate program for children for an indeterminate period of
  981  time until the child is 21 or sooner if discharged by the
  982  department. The department shall notify the court of its intent
  983  to discharge no later than 14 days prior to discharge. Failure
  984  of the court to timely respond to the department’s notice shall
  985  be considered approval for discharge.
  986         3. Order disposition under ss. 985.435, 985.437, 985.439,
  987  985.441, 985.445, 985.45, and 985.455 as an alternative to
  988  youthful offender or adult sentencing if the court determines
  989  not to impose youthful offender or adult sanctions.
  990  
  991  It is the intent of the Legislature that the criteria and
  992  guidelines in this subsection are mandatory and that a
  993  determination of disposition under this subsection is subject to
  994  the right of the child to appellate review under s. 985.534.
  995         Section 22. Section 985.66, Florida Statutes, is amended to
  996  read:
  997         985.66 Juvenile justice training academies; staff
  998  development and training Juvenile Justice Standards and Training
  999  Commission; Juvenile Justice Training Trust Fund.—
 1000         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
 1001  provide a systematic approach to staff development and training
 1002  for judges, state attorneys, public defenders, law enforcement
 1003  officers, school district personnel, and juvenile justice
 1004  program staff that will meet the needs of such persons in their
 1005  discharge of duties while at the same time meeting the
 1006  requirements for the American Correction Association
 1007  accreditation by the Commission on Accreditation for
 1008  Corrections, it is the purpose of the Legislature to require the
 1009  department to establish, maintain, and oversee the operation of
 1010  juvenile justice training academies in the state. The purpose of
 1011  the Legislature in establishing staff development and training
 1012  programs is to foster better staff morale and reduce
 1013  mistreatment and aggressive and abusive behavior in delinquency
 1014  programs; to positively impact the recidivism of children in the
 1015  juvenile justice system; and to afford greater protection of the
 1016  public through an improved level of services delivered by a
 1017  professionally trained juvenile justice program staff to
 1018  children who are alleged to be or who have been found to be
 1019  delinquent.
 1020         (2) STAFF DEVELOPMENT JUVENILE JUSTICE STANDARDS AND
 1021  TRAINING COMMISSION.—
 1022         (a) There is created under the Department of Juvenile
 1023  Justice the Juvenile Justice Standards and Training Commission,
 1024  hereinafter referred to as the commission. The 17-member
 1025  commission shall consist of the Attorney General or designee,
 1026  the Commissioner of Education or designee, a member of the
 1027  juvenile court judiciary to be appointed by the Chief Justice of
 1028  the Supreme Court, and 14 members to be appointed by the
 1029  Secretary of Juvenile Justice as follows:
 1030         1. Seven members shall be juvenile justice professionals: a
 1031  superintendent or a direct care staff member from an
 1032  institution; a director from a contracted community-based
 1033  program; a superintendent and a direct care staff member from a
 1034  regional detention center or facility; a juvenile probation
 1035  officer supervisor and a juvenile probation officer; and a
 1036  director of a day treatment or conditional release program. No
 1037  fewer than three of these members shall be contract providers.
 1038         2. Two members shall be representatives of local law
 1039  enforcement agencies.
 1040         3. One member shall be an educator from the state’s
 1041  university and community college program of criminology,
 1042  criminal justice administration, social work, psychology,
 1043  sociology, or other field of study pertinent to the training of
 1044  juvenile justice program staff.
 1045         4. One member shall be a member of the public.
 1046         5. One member shall be a state attorney, or assistant state
 1047  attorney, who has juvenile court experience.
 1048         6. One member shall be a public defender, or assistant
 1049  public defender, who has juvenile court experience.
 1050         7. One member shall be a representative of the business
 1051  community.
 1052  
 1053  All appointed members shall be appointed to serve terms of 2
 1054  years.
 1055         (b) The composition of the commission shall be broadly
 1056  reflective of the public and shall include minorities and women.
 1057  The term “minorities” as used in this paragraph means a member
 1058  of a socially or economically disadvantaged group that includes
 1059  blacks, Hispanics, and American Indians.
 1060         (c) The Department of Juvenile Justice shall provide the
 1061  commission with staff necessary to assist the commission in the
 1062  performance of its duties.
 1063         (d) The commission shall annually elect its chairperson and
 1064  other officers. The commission shall hold at least four regular
 1065  meetings each year at the call of the chairperson or upon the
 1066  written request of three members of the commission. A majority
 1067  of the members of the commission constitutes a quorum. Members
 1068  of the commission shall serve without compensation but are
 1069  entitled to be reimbursed for per diem and travel expenses as
 1070  provided by s. 112.061 and these expenses shall be paid from the
 1071  Juvenile Justice Training Trust Fund.
 1072         (e) The department powers, duties, and functions of the
 1073  commission shall be to:
 1074         (a)1. Designate the location of the training academies;
 1075  develop, implement, maintain, and update the curriculum to be
 1076  used in the training of juvenile justice program staff;
 1077  establish timeframes for participation in and completion of
 1078  training by juvenile justice program staff; develop, implement,
 1079  maintain, and update job-related examinations; develop,
 1080  implement, and update the types and frequencies of evaluations
 1081  of the training academies; approve, modify, or disapprove the
 1082  budget for the training academies, and the contractor to be
 1083  selected to organize and operate the training academies and to
 1084  provide the training curriculum.
 1085         (b)2. Establish uniform minimum job-related training
 1086  courses and examinations for juvenile justice program staff.
 1087         (c)3. Consult and cooperate with the state or any political
 1088  subdivision; any private entity or contractor; and with private
 1089  and public universities, colleges, community colleges, and other
 1090  educational institutions concerning the development of juvenile
 1091  justice training and programs or courses of instruction,
 1092  including, but not limited to, education and training in the
 1093  areas of juvenile justice.
 1094         (d)4.Enter into With the approval of the department, make
 1095  and enter into such contracts and agreements with other
 1096  agencies, organizations, associations, corporations,
 1097  individuals, or federal agencies as the commission determines
 1098  are necessary in the execution of the its powers of the
 1099  department or the performance of its duties.
 1100         5. Make recommendations to the Department of Juvenile
 1101  Justice concerning any matter within the purview of this
 1102  section.
 1103         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
 1104  commission shall establish a certifiable program for juvenile
 1105  justice training pursuant to this section, and all department
 1106  program staff and providers who deliver direct care services
 1107  pursuant to contract with the department shall be required to
 1108  participate in and successfully complete the department-approved
 1109  commission-approved program of training pertinent to their areas
 1110  of responsibility. Judges, state attorneys, and public
 1111  defenders, law enforcement officers, and school district
 1112  personnel may participate in such training program. For the
 1113  juvenile justice program staff, the department commission shall,
 1114  based on a job-task analysis:
 1115         (a) Design, implement, maintain, evaluate, and revise a
 1116  basic training program, including a competency-based
 1117  examination, for the purpose of providing minimum employment
 1118  training qualifications for all juvenile justice personnel. All
 1119  program staff of the department and providers who deliver
 1120  direct-care services who are hired after October 1, 1999, must
 1121  meet the following minimum requirements:
 1122         1. Be at least 19 years of age.
 1123         2. Be a high school graduate or its equivalent as
 1124  determined by the department commission.
 1125         3. Not have been convicted of any felony or a misdemeanor
 1126  involving perjury or a false statement, or have received a
 1127  dishonorable discharge from any of the Armed Forces of the
 1128  United States. Any person who, after September 30, 1999, pleads
 1129  guilty or nolo contendere to or is found guilty of any felony or
 1130  a misdemeanor involving perjury or false statement is not
 1131  eligible for employment, notwithstanding suspension of sentence
 1132  or withholding of adjudication. Notwithstanding this
 1133  subparagraph, any person who pled nolo contendere to a
 1134  misdemeanor involving a false statement before October 1, 1999,
 1135  and who has had such record of that plea sealed or expunged is
 1136  not ineligible for employment for that reason.
 1137         4. Abide by all the provisions of s. 985.644(1) regarding
 1138  fingerprinting and background investigations and other screening
 1139  requirements for personnel.
 1140         5. Execute and submit to the department an affidavit-of
 1141  application form, adopted by the department, attesting to his or
 1142  her compliance with subparagraphs 1.-4. The affidavit must be
 1143  executed under oath and constitutes an official statement under
 1144  s. 837.06. The affidavit must include conspicuous language that
 1145  the intentional false execution of the affidavit constitutes a
 1146  misdemeanor of the second degree. The employing agency shall
 1147  retain the affidavit.
 1148         (b) Design, implement, maintain, evaluate, and revise an
 1149  advanced training program, including a competency-based
 1150  examination for each training course, which is intended to
 1151  enhance knowledge, skills, and abilities related to job
 1152  performance.
 1153         (c) Design, implement, maintain, evaluate, and revise a
 1154  career development training program, including a competency
 1155  based examination for each training course. Career development
 1156  courses are intended to prepare personnel for promotion.
 1157         (d) The department commission is encouraged to design,
 1158  implement, maintain, evaluate, and revise juvenile justice
 1159  training courses, or to enter into contracts for such training
 1160  courses, that are intended to provide for the safety and well
 1161  being of both citizens and juvenile offenders.
 1162         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
 1163         (a) There is created within the State Treasury a Juvenile
 1164  Justice Training Trust Fund to be used by the department of
 1165  Juvenile Justice for the purpose of funding the development and
 1166  updating of a job-task analysis of juvenile justice personnel;
 1167  the development, implementation, and updating of job-related
 1168  training courses and examinations; and the cost of commission
 1169  approved juvenile justice training courses; and reimbursement
 1170  for expenses as provided in s. 112.061 for members of the
 1171  commission and staff.
 1172         (b) One dollar from every noncriminal traffic infraction
 1173  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
 1174  deposited into the Juvenile Justice Training Trust Fund.
 1175         (c) In addition to the funds generated by paragraph (b),
 1176  the trust fund may receive funds from any other public or
 1177  private source.
 1178         (d) Funds that are not expended by the end of the budget
 1179  cycle or through a supplemental budget approved by the
 1180  department shall revert to the trust fund.
 1181         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
 1182  The number, location, and establishment of juvenile justice
 1183  training academies shall be determined by the department
 1184  commission.
 1185         (6) SCHOLARSHIPS AND STIPENDS.—
 1186         (a) By rule, the department commission shall establish
 1187  criteria to award scholarships or stipends to qualified juvenile
 1188  justice personnel who are residents of the state who want to
 1189  pursue a bachelor’s or associate in arts degree in juvenile
 1190  justice or a related field. The department shall handle the
 1191  administration of the scholarship or stipend. The Department of
 1192  Education shall handle the notes issued for the payment of the
 1193  scholarships or stipends. All scholarship and stipend awards
 1194  shall be paid from the Juvenile Justice Training Trust Fund upon
 1195  vouchers approved by the Department of Education and properly
 1196  certified by the Chief Financial Officer. Prior to the award of
 1197  a scholarship or stipend, the juvenile justice employee must
 1198  agree in writing to practice her or his profession in juvenile
 1199  justice or a related field for 1 month for each month of grant
 1200  or to repay the full amount of the scholarship or stipend
 1201  together with interest at the rate of 5 percent per annum over a
 1202  period not to exceed 10 years. Repayment shall be made payable
 1203  to the state for deposit into the Juvenile Justice Training
 1204  Trust Fund.
 1205         (b) The department commission may establish the scholarship
 1206  program by rule and implement the program on or after July 1,
 1207  1996.
 1208         (7) ADOPTION OF RULES.—The department commission shall
 1209  adopt rules as necessary to carry out the provisions of this
 1210  section.
 1211         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
 1212  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
 1213  Risk Management of the Department of Financial Services is
 1214  authorized to insure a private agency, individual, or
 1215  corporation operating a state-owned training school under a
 1216  contract to carry out the purposes and responsibilities of any
 1217  program of the department. The coverage authorized herein shall
 1218  be under the same general terms and conditions as the department
 1219  is insured for its responsibilities under chapter 284.
 1220         (9) The Juvenile Justice Standards and Training Commission
 1221  is terminated on June 30, 2001, and such termination shall be
 1222  reviewed by the Legislature prior to that date.
 1223         Section 23. Subsection (8) of section 985.48, Florida
 1224  Statutes, is repealed.
 1225         Section 24. Subsection (1) of section 984.14, Florida
 1226  Statutes, is amended to read:
 1227         984.14 Shelter placement; hearing.—
 1228         (1) Unless ordered by the court pursuant to the provisions
 1229  of this chapter, or upon voluntary consent to placement by the
 1230  child and the child’s parent, legal guardian, or custodian, a
 1231  child taken into custody may shall not be placed in a shelter
 1232  prior to a court hearing unless a determination has been made
 1233  that the provision of appropriate and available services will
 1234  not eliminate the need for placement and that such placement is
 1235  required:
 1236         (a) To provide an opportunity for the child and family to
 1237  agree upon conditions for the child’s return home, when
 1238  immediate placement in the home would result in a substantial
 1239  likelihood that the child and family would not reach an
 1240  agreement; or
 1241         (b) Because a parent, custodian, or guardian is unavailable
 1242  to take immediate custody of the child.
 1243         Section 25. Paragraph (a) of subsection (3) of section
 1244  985.14, Florida Statutes, is amended to read:
 1245         985.14 Intake and case management system.—
 1246         (3) The intake and case management system shall facilitate
 1247  consistency in the recommended placement of each child, and in
 1248  the assessment, classification, and placement process, with the
 1249  following purposes:
 1250         (a) An individualized, multidisciplinary assessment process
 1251  that identifies the priority needs of each individual child for
 1252  rehabilitation and treatment and identifies any needs of the
 1253  child’s parents or guardians for services that would enhance
 1254  their ability to provide adequate support, guidance, and
 1255  supervision for the child. This process shall begin with the
 1256  detention risk assessment instrument and decision, shall include
 1257  the intake preliminary screening and comprehensive assessment
 1258  for substance abuse treatment services, mental health services,
 1259  retardation services, literacy services, and other educational
 1260  and treatment services as components, additional assessment of
 1261  the child’s treatment needs, and classification regarding the
 1262  child’s risks to the community and, for a serious or habitual
 1263  delinquent child, shall include the assessment for placement in
 1264  a serious or habitual delinquent children program under s.
 1265  985.47. The completed multidisciplinary assessment process shall
 1266  result in the predisposition report.
 1267         Section 26. For the purpose of incorporating the amendment
 1268  made by this act to section 984.14, Florida Statutes, in a
 1269  reference thereto, subsection (3) of section 984.13, Florida
 1270  Statutes, is reenacted to read:
 1271         984.13 Taking into custody a child alleged to be from a
 1272  family in need of services or to be a child in need of
 1273  services.—
 1274         (3) If the child is taken into custody by, or is delivered
 1275  to, the department, the appropriate representative of the
 1276  department shall review the facts and make such further inquiry
 1277  as necessary to determine whether the child shall remain in
 1278  custody or be released. Unless shelter is required as provided
 1279  in s. 984.14(1), the department shall:
 1280         (a) Release the child to his or her parent, guardian, or
 1281  legal custodian, to a responsible adult relative, to a
 1282  responsible adult approved by the department, or to a
 1283  department-approved family-in-need-of-services and child-in
 1284  need-of-services provider; or
 1285         (b) Authorize temporary services and treatment that would
 1286  allow the child alleged to be from a family in need of services
 1287  to remain at home.
 1288         Section 27. This act shall take effect July 1, 2011.