CS/HB 173

1
A bill to be entitled
2An act relating to the Department of Juvenile Justice;
3amending s. 984.03, F.S.; deleting obsolete
4references; amending s. 985.03, F.S.; creating and
5revising definitions; amending s. 984.14, F.S.;
6deleting obsolete references; amending s. 985.441,
7F.S.; deleting an obsolete provision; amending s.
8985.601, F.S.; revising the types of diversified and
9innovative programs to provide rehabilitative
10treatment that may be developed or contracted for by
11the department, to include mother-infant programs and
12remove reference to an obsolete program; authorizing
13the department, at the secretary's discretion, to pay
14up to a specified amount toward the basic funeral
15expenses for a youth who dies while in the custody of
16the department and whose parents or guardians are
17indigent and for which no other funding is available;
18amending s. 985.0301, F.S.; deleting obsolete or
19unnecessary references and language; amending s.
20985.045, F.S.; conforming a cross-reference; amending
21s. 985.688, F.S.; deleting obsolete references;
22amending s. 985.721, F.S.; conforming a cross-
23reference; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsections (49) through (56) of section
28984.03, Florida Statutes, are renumbered as subsections (48)
29through (55), respectively, and present subsection (48) of that
30section is amended to read:
31     984.03  Definitions.-When used in this chapter, the term:
32     (48)  "Serious or habitual juvenile offender program" means
33the program established in s. 985.47.
34     Section 2.  Subsection (29) of section 985.03, Florida
35Statutes, is amended, subsections (37) through (57) of that
36section are renumbered as subsections (38) through (58),
37respectively, and a new subsection (37) is added to that
38section, to read:
39     985.03  Definitions.-As used in this chapter, the term:
40     (29)  "Juvenile justice continuum" includes, but is not
41limited to, delinquency prevention programs and services
42designed for the purpose of preventing or reducing delinquent
43acts, including criminal activity by criminal gangs, and
44juvenile arrests, as well as programs and services targeted at
45children who have committed delinquent acts, and children who
46have previously been committed to residential treatment programs
47for delinquents. The term includes children-in-need-of-services
48and families-in-need-of-services programs; conditional release;
49substance abuse and mental health programs; educational and
50career programs; recreational programs; community services
51programs; community service work programs; mother-infant
52programs; and alternative dispute resolution programs serving
53children at risk of delinquency and their families, whether
54offered or delivered by state or local governmental entities,
55public or private for-profit or not-for-profit organizations, or
56religious or charitable organizations.
57     (37)  "Mother-infant program" means a residential program
58designed to serve the needs of juvenile mothers or expectant
59juvenile mothers who are committed as delinquents, which is
60operated or contracted by the department. A mother-infant
61program facility must be licensed as a child care facility under
62s. 402.308 and must provide the services and support necessary
63to enable each juvenile mother committed to the facility to
64provide for the needs of her infants who, upon agreement of the
65mother, may accompany them in the program.
66     Section 3.  Paragraph (a) of subsection (3) of section
67985.14, Florida Statutes, is amended to read:
68     985.14  Intake and case management system.-
69     (3)  The intake and case management system shall facilitate
70consistency in the recommended placement of each child, and in
71the assessment, classification, and placement process, with the
72following purposes:
73     (a)  An individualized, multidisciplinary assessment
74process that identifies the priority needs of each individual
75child for rehabilitation and treatment and identifies any needs
76of the child's parents or guardians for services that would
77enhance their ability to provide adequate support, guidance, and
78supervision for the child. This process shall begin with the
79detention risk assessment instrument and decision, shall include
80the intake preliminary screening and comprehensive assessment
81for substance abuse treatment services, mental health services,
82retardation services, literacy services, and other educational
83and treatment services as components, additional assessment of
84the child's treatment needs, and classification regarding the
85child's risks to the community and, for a serious or habitual
86delinquent child, shall include the assessment for placement in
87a serious or habitual delinquent children program under s.
88985.47. The completed multidisciplinary assessment process shall
89result in the predisposition report.
90     Section 4.  Subsection (1) of section 985.441, Florida
91Statutes, is amended to read:
92     985.441  Commitment.-
93     (1)  The court that has jurisdiction of an adjudicated
94delinquent child may, by an order stating the facts upon which a
95determination of a sanction and rehabilitative program was made
96at the disposition hearing:
97     (a)  Commit the child to a licensed child-caring agency
98willing to receive the child; however, the court may not commit
99the child to a jail or to a facility used primarily as a
100detention center or facility or shelter.
101     (b)  Commit the child to the department at a
102restrictiveness level defined in s. 985.03. Such commitment must
103be for the purpose of exercising active control over the child,
104including, but not limited to, custody, care, training,
105monitoring for substance abuse, electronic monitoring, and
106treatment of the child and release of the child from residential
107commitment into the community in a postcommitment nonresidential
108conditional release program. If the child is not successful in
109the conditional release program, the department may use the
110transfer procedure under subsection (4).
111     (c)  Commit the child to the department for placement in a
112program or facility for serious or habitual juvenile offenders
113in accordance with s. 985.47.
114     1.  Following a delinquency adjudicatory hearing under s.
115985.35 and a delinquency disposition hearing under s. 985.433
116that results in a commitment determination, the court shall, on
117its own or upon request by the state or the department,
118determine whether the protection of the public requires that the
119child be placed in a program for serious or habitual juvenile
120offenders and whether the particular needs of the child would be
121best served by a program for serious or habitual juvenile
122offenders as provided in s. 985.47. The determination shall be
123made under ss. 985.47(1) and 985.433(7).
124     2.  Any commitment of a child to a program or facility for
125serious or habitual juvenile offenders must be for an
126indeterminate period of time, but the time may not exceed the
127maximum term of imprisonment that an adult may serve for the
128same offense.
129     (c)(d)  Commit the child to the department for placement in
130a program or facility for juvenile sexual offenders in
131accordance with s. 985.48, subject to specific appropriation for
132such a program or facility.
133     1.  The child may only be committed for such placement
134pursuant to determination that the child is a juvenile sexual
135offender under the criteria specified in s. 985.475.
136     2.  Any commitment of a juvenile sexual offender to a
137program or facility for juvenile sexual offenders must be for an
138indeterminate period of time, but the time may not exceed the
139maximum term of imprisonment that an adult may serve for the
140same offense.
141     Section 5.  Paragraph (a) of subsection (3) of section
142985.601, Florida Statutes, is amended, and subsection (11) is
143added to that section, to read:
144     985.601  Administering the juvenile justice continuum.-
145     (3)(a)  The department shall develop or contract for
146diversified and innovative programs to provide rehabilitative
147treatment, including early intervention and prevention,
148diversion, comprehensive intake, case management, diagnostic and
149classification assessments, individual and family counseling,
150shelter care, diversified detention care emphasizing
151alternatives to secure detention, diversified probation, halfway
152houses, foster homes, community-based substance abuse treatment
153services, community-based mental health treatment services,
154community-based residential and nonresidential programs, mother-
155infant programs, and environmental programs, and programs for
156serious or habitual juvenile offenders. Each program shall place
157particular emphasis on reintegration and conditional release for
158all children in the program.
159     (11)  At the secretary's discretion, the department is
160authorized to pay up to $5,000 toward the basic funeral expenses
161for a youth who dies while in the custody of the department and
162whose parents or guardians are indigent and unable to pay such
163expenses and for which there is no other source of funding
164available.
165     Section 6.  Subsection (5) of section 985.0301, Florida
166Statutes, is amended to read:
167     985.0301  Jurisdiction.-
168     (5)(a)  Notwithstanding ss. 743.07, 985.43, 985.433,
169985.435, 985.439, and 985.441, and except as provided in ss.
170985.461 and, 985.465, and 985.47 and paragraph (f), when the
171jurisdiction of any child who is alleged to have committed a
172delinquent act or violation of law is obtained, the court shall
173retain jurisdiction, unless relinquished by its order, until the
174child reaches 19 years of age, with the same power over the
175child which the court had before the child became an adult. For
176the purposes of s. 985.461, the court may retain jurisdiction
177for an additional 365 days following the child's 19th birthday
178if the child is participating in transition-to-adulthood
179services. The additional services do not extend involuntary
180court-sanctioned residential commitment and therefore require
181voluntary participation by the affected youth.
182     (b)  Notwithstanding ss. 743.07 and 985.455(3), and except
183as provided in s. 985.47, the term of any order placing a child
184in a probation program must be until the child's 19th birthday
185unless he or she is released by the court on the motion of an
186interested party or on his or her own motion.
187     (c)  Notwithstanding ss. 743.07 and 985.455(3), and except
188as provided in s. 985.47, the term of the commitment must be
189until the child is discharged by the department or until he or
190she reaches the age of 21 years. Notwithstanding ss. 743.07,
191985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and
192except as provided in this section and s. 985.47, a child may
193not be held under a commitment from a court under s. 985.439, s.
194985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of
195age.
196     (d)  The court may retain jurisdiction over a child
197committed to the department for placement in a juvenile prison
198or in a high-risk or maximum-risk residential commitment program
199to allow the child to participate in a juvenile conditional
200release program pursuant to s. 985.46. The jurisdiction of the
201court may not be retained after beyond the child's 22nd
202birthday. However, if the child is not successful in the
203conditional release program, the department may use the transfer
204procedure under s. 985.441(4).
205     (e)  The court may retain jurisdiction over a child
206committed to the department for placement in an intensive
207residential treatment program for 10-year-old to 13-year-old
208offenders, in the residential commitment program in a juvenile
209prison or, in a residential sex offender program, or in a
210program for serious or habitual juvenile offenders as provided
211in s. 985.47 or s. 985.483 until the child reaches the age of
21221. If the court exercises this jurisdiction retention, it shall
213do so solely for the purpose of the child completing the
214intensive residential treatment program for 10-year-old to 13-
215year-old offenders, in the residential commitment program in a
216juvenile prison, or in a residential sex offender program, or
217the program for serious or habitual juvenile offenders. Such
218jurisdiction retention does not apply for other programs, other
219purposes, or new offenses.
220     (f)  The court may retain jurisdiction over a child
221committed to a juvenile correctional facility or a juvenile
222prison until the child reaches the age of 21 years, specifically
223for the purpose of allowing the child to complete such program.
224     (g)1.  Notwithstanding ss. 743.07 and 985.455(3), a serious
225or habitual juvenile offender shall not be held under commitment
226from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
227after becoming 21 years of age. This subparagraph shall apply
228only for the purpose of completing the serious or habitual
229juvenile offender program under this chapter and shall be used
230solely for the purpose of treatment.
231     2.  The court may retain jurisdiction over a child who has
232been placed in a program or facility for serious or habitual
233juvenile offenders until the child reaches the age of 21,
234specifically for the purpose of the child completing the
235program.
236     (g)(h)  The court may retain jurisdiction over a juvenile
237sexual offender who has been placed in a program or facility for
238juvenile sexual offenders until the juvenile sexual offender
239reaches the age of 21, specifically for the purpose of
240completing the program.
241     (h)(i)  The court may retain jurisdiction over a child and
242the child's parent or legal guardian whom the court has ordered
243to pay restitution until the restitution order is satisfied. To
244retain jurisdiction, the court shall enter a restitution order,
245which is separate from any disposition or order of commitment,
246on or prior to the date that the court's jurisdiction would
247cease under this section. The contents of the restitution order
248shall be limited to the child's name and address, the name and
249address of the parent or legal guardian, the name and address of
250the payee, the case number, the date and amount of restitution
251ordered, any amount of restitution paid, the amount of
252restitution due and owing, and a notation that costs, interest,
253penalties, and attorney attorney's fees may also be due and
254owing. The terms of the restitution order are subject to s.
255775.089(5).
256     (i)(j)  This subsection does not prevent the exercise of
257jurisdiction by any court having jurisdiction of the child if
258the child, after becoming an adult, commits a violation of law.
259     Section 7.  Subsection (5) of section 985.045, Florida
260Statutes, is amended to read:
261     985.045  Court records.-
262     (5)  This chapter does not prohibit a circuit court from
263providing a restitution order containing the information
264prescribed in s. 985.0301(5)(h) 985.0301(5)(i) to a collection
265court or a private collection agency for the sole purpose of
266collecting unpaid restitution ordered in a case in which the
267circuit court has retained jurisdiction over the child and the
268child's parent or legal guardian. The collection court or
269private collection agency shall maintain the confidential status
270of the information to the extent such confidentiality is
271provided by law.
272     Section 8.  Subsection (2) of section 985.688, Florida
273Statutes, is amended to read:
274     985.688  Administering county and municipal delinquency
275programs and facilities.-
276     (2)  A county or municipal government may develop or
277contract for innovative programs that provide rehabilitative
278treatment with particular emphasis on reintegration and
279conditional release for all children in the program, including
280halfway houses and community-based substance abuse treatment
281services, mental health treatment services, residential and
282nonresidential programs, and environmental programs, and
283programs for serious or habitual juvenile offenders.
284     Section 9.  Subsection (2) of section 985.721, Florida
285Statutes, is amended to read:
286     985.721  Escapes from secure detention or residential
287commitment facility.-An escape from:
288     (2)  Any residential commitment facility described in s.
289985.03(46) 985.03(45), maintained for the custody, treatment,
290punishment, or rehabilitation of children found to have
291committed delinquent acts or violations of law; or
292
293constitutes escape within the intent and meaning of s. 944.40
294and is a felony of the third degree, punishable as provided in
295s. 775.082, s. 775.083, or s. 775.084.
296     Section 10.  This act shall take effect July 1, 2012.


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