Senate Bill 1594

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    Florida Senate - 1999                                  SB 1594

    By Senator Campbell





    33-690-99

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 943.0515, F.S.; requiring the Criminal

  4         Justice Information Program to retain the

  5         criminal history records of minors who are

  6         committed to a maximum-risk residential

  7         program; amending s. 960.001, F.S.; authorizing

  8         state agencies to expend funds for crime

  9         prevention and educational activities; amending

10         ss. 984.03, 985.03, F.S.; redefining the term

11         "delinquency program" to delete references to

12         furlough programs; defining the term

13         "aftercare" for purposes of ch. 985, F.S.;

14         providing for minimum-risk nonresidential

15         programs to be used for the aftercare placement

16         of juveniles; amending ss. 39.0132, 985.04,

17         F.S.; deleting a requirement that school

18         officials be informed of students who have a

19         history of sexual behavior with other

20         juveniles; conforming cross-references;

21         amending ss. 985.207, 985.208, F.S., relating

22         to conditions under which a juvenile may be

23         detained; deleting references to violation of

24         furlough; amending s. 985.212, F.S.; providing

25         for fingerprint records and photographs of

26         juveniles to be submitted to the Department of

27         Law Enforcement; amending s. 985.215, F.S.;

28         extending the period during which juveniles

29         charged with specified offenses may be held in

30         detention prior to an adjudicatory hearing;

31         amending s. 985.231, F.S.; providing for an

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  1         adjudicated delinquent juvenile to be placed in

  2         postcommitment community control rather than in

  3         an aftercare program under certain

  4         circumstances; limiting the period that a

  5         juvenile may be placed on home detention with

  6         electronic monitoring; amending s. 985.316,

  7         F.S.; providing legislative intent; providing

  8         for the delivery of aftercare services to a

  9         juvenile released from a residential commitment

10         program; deleting requirements for juveniles

11         released on furlough; amending s. 985.404,

12         F.S., relating to the juvenile justice

13         continuum; providing for release of a juvenile

14         into an aftercare program; amending s. 985.406,

15         F.S.; providing additional qualifications for

16         the program staff of the Department of Juvenile

17         Justice and its providers; requiring

18         competency-based examinations; amending s.

19         985.41, F.S.; authorizing the department to use

20         tax-exempt financing to provide juvenile

21         justice facilities; creating s. 985.4145, F.S.;

22         defining the term "direct-support

23         organization"; authorizing such an organization

24         to use property and facilities of the

25         Department of Juvenile Justice; requiring the

26         Secretary of Juvenile Justice to appoint a

27         board of directors for the direct-support

28         organization; requiring an annual audit of the

29         organization; amending s. 985.417, F.S.,

30         relating to the transfer of children from the

31         Department of Corrections to the Department of

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  1         Juvenile Justice; deleting references to the

  2         furlough of a child convicted of a capital

  3         felony; amending ss. 419.001, 784.075, 984.05,

  4         985.227, 985.31, 985.311, 985.312, F.S.;

  5         conforming cross-references to changes made by

  6         the act; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 943.0515, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         943.0515  Retention of criminal history records of

13  minors.--

14         (1)(a)  The Criminal Justice Information Program shall

15  retain the criminal history record of a minor who is

16  classified as a serious or habitual juvenile offender or

17  committed to a maximum-risk residential program under chapter

18  985 for 5 years after the date the offender reaches 21 years

19  of age, at which time the record shall be expunged unless it

20  meets the criteria of paragraph (2)(a) or paragraph (2)(b).

21         (b)  If the minor is not classified as a serious or

22  habitual juvenile offender or committed to a maximum-risk

23  residential program under chapter 985, the program shall

24  retain the minor's criminal history record for 5 years after

25  the date the minor reaches 19 years of age, at which time the

26  record shall be expunged unless it meets the criteria of

27  paragraph (2)(a) or paragraph (2)(b).

28         Section 2.  Paragraph (r) is added to subsection (1) of

29  section 960.001, Florida Statutes, 1998 Supplement, to read:

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  1         960.001  Guidelines for fair treatment of victims and

  2  witnesses in the criminal justice and juvenile justice

  3  systems.--

  4         (1)  The Department of Legal Affairs, the state

  5  attorneys, the Department of Corrections, the Department of

  6  Juvenile Justice, the Parole Commission, the State Courts

  7  Administrator and circuit court administrators, the Department

  8  of Law Enforcement, and every sheriff's department, police

  9  department, or other law enforcement agency as defined in s.

10  943.10(4) shall develop and implement guidelines for the use

11  of their respective agencies, which guidelines are consistent

12  with the purposes of this act and s. 16(b), Art. I of the

13  State Constitution and are designed to implement the

14  provisions of s. 16(b), Art. I of the State Constitution and

15  to achieve the following objectives:

16         (r)  Implementing crime prevention in order to protect

17  the safety of persons and property, as prescribed in the State

18  Comprehensive Plan.--By presenting crimes that create victims

19  or further harm former victims, crime-prevention efforts are

20  an essential part of providing effective service for victims

21  and witnesses. Therefore, the agencies identified in this

22  subsection may participate in and expend funds for crime

23  prevention, public awareness, public participation, and

24  educational activities.

25         Section 3.  Subsection (16) of section 984.03, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         984.03  Definitions.--When used in this chapter, the

28  term:

29         (16)  "Delinquency program" means any intake, community

30  control and furlough, or similar program; regional detention

31  center or facility; or community-based program, whether owned

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  1  and operated by or contracted by the Department of Juvenile

  2  Justice, or institution owned and operated by or contracted by

  3  the Department of Juvenile Justice, which provides intake,

  4  supervision, or custody and care of children who are alleged

  5  to be or who have been found to be delinquent pursuant to

  6  chapter 985.

  7         Section 4.  Paragraph (a) of present subsection (15)

  8  and paragraph (a) of present subsection (45) of section

  9  985.03, Florida Statutes, 1998 Supplement, are amended, and

10  present subsections (4) through (59) are redesignated as

11  subsections (5) through (60), respectively, and a new

12  subsection (4) is added to that section, to read:

13         985.03  Definitions.--When used in this chapter, the

14  term:

15         (4)  "Aftercare" means the care, treatment, help, and

16  supervision provided to a juvenile released from a residential

17  commitment program which is intended to promote rehabilitation

18  and prevent recidivism. The purpose of aftercare is to protect

19  the public, reduce recidivism, increase responsible productive

20  behavior, and provide for a successful transition of the youth

21  from the department to the family. Aftercare includes, but is

22  not limited to, minimum-risk nonresidential programs, reentry

23  services, and postcommitment community control.

24         (16)(15)(a)  "Delinquency program" means any intake,

25  community control and furlough, or similar program; regional

26  detention center or facility; or community-based program,

27  whether owned and operated by or contracted by the Department

28  of Juvenile Justice, or institution owned and operated by or

29  contracted by the Department of Juvenile Justice, which

30  provides intake, supervision, or custody and care of children

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  1  who are alleged to be or who have been found to be delinquent

  2  pursuant to part II.

  3         (47)(46)  "Restrictiveness level" means the level of

  4  custody provided by programs that service the custody and care

  5  needs of committed children. There shall be five

  6  restrictiveness levels:

  7         (a)  Minimum-risk nonresidential.--Youth assessed and

  8  classified for placement in programs at this restrictiveness

  9  level represent a minimum risk to themselves and public safety

10  and do not require placement and services in residential

11  settings. Programs or program models in this restrictiveness

12  level include: community counselor supervision programs,

13  special intensive group programs, nonresidential marine

14  programs, nonresidential training and rehabilitation centers,

15  and other local community nonresidential programs, including

16  any nonresidential program or supervision program that is used

17  for aftercare placement.

18         Section 5.  Paragraph (b) of subsection (4) of section

19  39.0132, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         39.0132  Oaths, records, and confidential

22  information.--

23         (4)

24         (b)  The department shall disclose to the school

25  superintendent the presence of any child in the care and

26  custody or under the jurisdiction or supervision of the

27  department who has a known history of sexual behavior with

28  other juveniles; is an alleged juvenile sex offender, as

29  defined in s. 39.01 s. 415.50165; or has pled guilty or nolo

30  contendere to, or has been found to have committed, a

31  violation of chapter 794, chapter 796, chapter 800, s.

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  1  827.071, or s. 847.0133, regardless of adjudication. Any

  2  employee of a district school board who knowingly and

  3  willfully discloses such information to an unauthorized person

  4  commits a misdemeanor of the second degree, punishable as

  5  provided in s. 775.082 or s. 775.083.

  6         Section 6.  Paragraph (b) of subsection (3) of section

  7  985.04, Florida Statutes, 1998 Supplement, is amended to read:

  8         985.04  Oaths; records; confidential information.--

  9         (3)

10         (b)  The department shall disclose to the school

11  superintendent the presence of any child in the care and

12  custody or under the jurisdiction or supervision of the

13  department who has a known history of sexual behavior with

14  other juveniles; is an alleged juvenile sex offender, as

15  defined in s. 39.01 s. 415.50165; or has pled guilty or nolo

16  contendere to, or has been found to have committed, a

17  violation of chapter 794, chapter 796, chapter 800, s.

18  827.071, or s. 847.0133, regardless of adjudication. Any

19  employee of a district school board who knowingly and

20  willfully discloses such information to an unauthorized person

21  commits a misdemeanor of the second degree, punishable as

22  provided in s. 775.082 or s. 775.083.

23         Section 7.  Paragraph (d) of subsection (1) of section

24  985.207, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         985.207  Taking a child into custody.--

27         (1)  A child may be taken into custody under the

28  following circumstances:

29         (d)  By a law enforcement officer who has probable

30  cause to believe that the child is in violation of the

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  1  conditions of the child's community control, furlough, or

  2  aftercare supervision.

  3

  4  Nothing in this subsection shall be construed to allow the

  5  detention of a child who does not meet the detention criteria

  6  in s. 985.215.

  7         Section 8.  Section 985.208, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         985.208  Detention of furloughed child or escapee on

10  authority of the department.--

11         (1)  If an authorized agent of the department has

12  reasonable grounds to believe that any delinquent child

13  committed to the department has escaped from a facility of the

14  department or from being lawfully transported thereto or

15  therefrom, the agent may take the child into active custody

16  and may deliver the child to the facility or, if it is closer,

17  to a detention center for return to the facility. However, a

18  child may not be held in detention longer than 24 hours,

19  excluding Saturdays, Sundays, and legal holidays, unless a

20  special order so directing is made by the judge after a

21  detention hearing resulting in a finding that detention is

22  required based on the criteria in s. 985.215(2). The order

23  shall state the reasons for such finding. The reasons shall be

24  reviewable by appeal or in habeas corpus proceedings in the

25  district court of appeal.

26         (2)  Any sheriff or other law enforcement officer, upon

27  the request of the secretary of the department or duly

28  authorized agent, shall take a child who has escaped or

29  absconded from a department facility for committed delinquent

30  children, or from being lawfully transported thereto or

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  1  therefrom, into custody and deliver the child to the

  2  appropriate juvenile probation officer of the department.

  3         Section 9.  Paragraph (b) of subsection (1) of section

  4  985.212, Florida Statutes, is amended to read:

  5         985.212  Fingerprinting and photographing.--

  6         (1)

  7         (b)  A child who is charged with or found to have

  8  committed one of the following misdemeanors shall be

  9  fingerprinted and the fingerprints shall be submitted to the

10  Department of Law Enforcement as provided in s. 943.051(3)(b):

11         1.  Assault, as defined in s. 784.011.

12         2.  Battery, as defined in s. 784.03.

13         3.  Carrying a concealed weapon, as defined in s.

14  790.01(1).

15         4.  Unlawful use of destructive devices or bombs, as

16  defined in s. 790.1615(1).

17         5.  Negligent treatment of children, as defined in

18  former s. 827.05.

19         6.  Assault on a law enforcement officer, a

20  firefighter, or other specified officers, as defined in s.

21  784.07(2)(a).

22         7.  Open carrying of a weapon, as defined in s.

23  790.053.

24         8.  Exposure of sexual organs, as defined in s. 800.03.

25         9.  Unlawful possession of a firearm, as defined in s.

26  790.22(5).

27         10.  Petit theft, as defined in s. 812.014.

28         11.  Cruelty to animals, as defined in s. 828.12(1).

29         12.  Arson, resulting in bodily harm to a firefighter,

30  as defined in s. 806.031(1).

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  1  A law enforcement agency may fingerprint and photograph a

  2  child taken into custody upon probable cause that such child

  3  has committed any other violation of law, as the agency deems

  4  appropriate. Such fingerprint records and photographs shall be

  5  retained by the law enforcement agency in a separate file, and

  6  these records and all copies thereof must be marked "Juvenile

  7  Confidential." These records are shall not be available for

  8  public disclosure and inspection under s. 119.07(1) except as

  9  provided in ss. 943.053 and 985.04(5), but shall be available

10  to other law enforcement agencies, criminal justice agencies,

11  state attorneys, the courts, the child, the parents or legal

12  custodians of the child, their attorneys, and any other person

13  authorized by the court to have access to such records. In

14  addition, such records may be submitted to the Department of

15  Law Enforcement for inclusion in the state criminal history

16  records and used by criminal justice agencies for criminal

17  justice purposes. These records may, in the discretion of the

18  court, be open to inspection by anyone upon a showing of

19  cause. The fingerprint and photograph records shall be

20  produced in the court whenever directed by the court. Any

21  photograph taken pursuant to this section may be shown by a

22  law enforcement officer to any victim or witness of a crime

23  for the purpose of identifying the person who committed such

24  crime.

25         Section 10.  Paragraph (a) of subsection (2) and

26  paragraph (d) of subsection (5) of section 985.215, Florida

27  Statutes, 1998 Supplement, are amended to read:

28         985.215  Detention.--

29         (2)  Subject to the provisions of subsection (1), a

30  child taken into custody and placed into nonsecure or home

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  1  detention care or detained in secure detention care prior to a

  2  detention hearing may continue to be detained by the court if:

  3         (a)  The child is alleged to be an escapee or an

  4  absconder from a commitment program, a community control

  5  program, furlough, or aftercare supervision, or is alleged to

  6  have escaped while being lawfully transported to or from such

  7  program or supervision.

  8

  9  A child who meets any of these criteria and who is ordered to

10  be detained pursuant to this subsection shall be given a

11  hearing within 24 hours after being taken into custody. The

12  purpose of the detention hearing is to determine the existence

13  of probable cause that the child has committed the delinquent

14  act or violation of law with which he or she is charged and

15  the need for continued detention. Unless a child is detained

16  under paragraph (d), the court shall utilize the results of

17  the risk assessment performed by the juvenile probation

18  officer and, based on the criteria in this subsection, shall

19  determine the need for continued detention. A child placed

20  into secure, nonsecure, or home detention care may continue to

21  be so detained by the court pursuant to this subsection. If

22  the court orders a placement more restrictive than indicated

23  by the results of the risk assessment instrument, the court

24  shall state, in writing, clear and convincing reasons for such

25  placement. Except as provided in s. 790.22(8) or in

26  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

27  or paragraph (10)(d), when a child is placed into secure or

28  nonsecure detention care, or into a respite home or other

29  placement pursuant to a court order following a hearing, the

30  court order must include specific instructions that direct the

31  release of the child from such placement no later than 5 p.m.

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  1  on the last day of the detention period specified in paragraph

  2  (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,

  3  whichever is applicable, unless the requirements of such

  4  applicable provision have been met or an order of continuance

  5  has been granted pursuant to paragraph (5)(d).

  6         (5)

  7         (d)  The time limits in paragraphs (b) and (c) do not

  8  include periods of delay resulting from a continuance granted

  9  by the court for cause on motion of the child or his or her

10  counsel or of the state. The time limit may be extended 9 days

11  for cause if the child is charged with a capital felony, life

12  felony, or felony of the first degree and the nature of the

13  charge requires additional time for the prosecution or defense

14  of the case. However, the time may not be extended beyond a

15  total of 30 days. Upon the issuance of an order granting a

16  continuance for cause on a motion by either the child, the

17  child's counsel, or the state, the court shall conduct a

18  hearing at the end of each 72-hour period, excluding

19  Saturdays, Sundays, and legal holidays, to determine the need

20  for continued detention of the child and the need for further

21  continuance of proceedings for the child or the state.

22         Section 11.  Paragraph (a) of subsection (1) and

23  subsection (2) of section 985.231, Florida Statutes, 1998

24  Supplement, are amended to read:

25         985.231  Powers of disposition in delinquency cases.--

26         (1)

27         (a)  The court that has jurisdiction of an adjudicated

28  delinquent child may, by an order stating the facts upon which

29  a determination of a sanction and rehabilitative program was

30  made at the disposition hearing:

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  1         1.  Place the child in a community control program or a

  2  postcommitment community control an aftercare program under

  3  the supervision of an authorized agent of the Department of

  4  Juvenile Justice or of any other person or agency specifically

  5  authorized and appointed by the court, whether in the child's

  6  own home, in the home of a relative of the child, or in some

  7  other suitable place under such reasonable conditions as the

  8  court may direct. A community control program for an

  9  adjudicated delinquent child must include a penalty component

10  such as restitution in money or in kind, community service, a

11  curfew, revocation or suspension of the driver's license of

12  the child, or other nonresidential punishment appropriate to

13  the offense and must also include a rehabilitative program

14  component such as a requirement of participation in substance

15  abuse treatment or in school or other educational program.

16  Upon the recommendation of the department at the time of

17  disposition, or subsequent to disposition pursuant to the

18  filing of a petition alleging a violation of the child's

19  conditions of community control or aftercare supervision, the

20  court may order the child to submit to random testing for the

21  purpose of detecting and monitoring the use of alcohol or

22  controlled substances.

23         a.  A restrictiveness level classification scale for

24  levels of supervision shall be provided by the department,

25  taking into account the child's needs and risks relative to

26  community control supervision requirements to reasonably

27  ensure the public safety. Community control programs for

28  children shall be supervised by the department or by any other

29  person or agency specifically authorized by the court. These

30  programs must include, but are not limited to, structured or

31  restricted activities as described in this subparagraph, and

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  1  shall be designed to encourage the child toward acceptable and

  2  functional social behavior. If supervision or a program of

  3  community service is ordered by the court, the duration of

  4  such supervision or program must be consistent with any

  5  treatment and rehabilitation needs identified for the child

  6  and may not exceed the term for which sentence could be

  7  imposed if the child were committed for the offense, except

  8  that the duration of such supervision or program for an

  9  offense that is a misdemeanor of the second degree, or is

10  equivalent to a misdemeanor of the second degree, may be for a

11  period not to exceed 6 months. When restitution is ordered by

12  the court, the amount of restitution may not exceed an amount

13  the child and the parent or guardian could reasonably be

14  expected to pay or make. A child who participates in any work

15  program under this part is considered an employee of the state

16  for purposes of liability, unless otherwise provided by law.

17         b.  The court may conduct judicial review hearings for

18  a child placed on community control for the purpose of

19  fostering accountability to the judge and compliance with

20  other requirements, such as restitution and community service.

21  The court may allow early termination of community control for

22  a child who has substantially complied with the terms and

23  conditions of community control.

24         c.  If the conditions of the community control program

25  or the postcommitment community control aftercare program are

26  violated, the department agent supervising the program as it

27  relates to the child involved, or the state attorney, may

28  bring the child before the court on a petition alleging a

29  violation of the program. Any child who violates the

30  conditions of community control or postcommitment community

31  control aftercare must be brought before the court if

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  1  sanctions are sought. A child taken into custody under s.

  2  985.207 for violating the conditions of community control or

  3  postcommitment community control aftercare shall be held in a

  4  consequence unit if such a unit is available. The child shall

  5  be afforded a hearing within 24 hours after being taken into

  6  custody to determine the existence of probable cause that the

  7  child violated the conditions of community control or

  8  postcommitment community control aftercare. A consequence unit

  9  is a secure facility specifically designated by the department

10  for children who are taken into custody under s. 985.207 for

11  violating community control or postcommitment community

12  control aftercare, or who have been found by the court to have

13  violated the conditions of community control or postcommitment

14  community control aftercare. If the violation involves a new

15  charge of delinquency, the child may be detained under s.

16  985.215 in a facility other than a consequence unit. If the

17  child is not eligible for detention for the new charge of

18  delinquency, the child may be held in the consequence unit

19  pending a hearing and is subject to the time limitations

20  specified in s. 985.215. If the child denies violating the

21  conditions of community control or postcommitment community

22  control aftercare, the court shall appoint counsel to

23  represent the child at the child's request. Upon the child's

24  admission, or if the court finds after a hearing that the

25  child has violated the conditions of community control or

26  postcommitment community control aftercare, the court shall

27  enter an order revoking, modifying, or continuing community

28  control or postcommitment community control aftercare. In each

29  such case, the court shall enter a new disposition order and,

30  in addition to the sanctions set forth in this paragraph, may

31  impose any sanction the court could have imposed at the

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  1  original disposition hearing. If the child is found to have

  2  violated the conditions of community control or postcommitment

  3  community control aftercare, the court may:

  4         (I)  Place the child in a consequence unit in that

  5  judicial circuit, if available, for up to 5 days for a first

  6  violation, and up to 15 days for a second or subsequent

  7  violation.

  8         (II)  Place the child on home detention with electronic

  9  monitoring for up to 5 days for a first violation and up to 15

10  days for a second or subsequent violation. However, this

11  sanction may be used only if a residential consequence unit is

12  not available.

13         (III)  Modify or continue the child's community control

14  program or postcommitment community control aftercare program.

15         (IV)  Revoke community control or postcommitment

16  community control aftercare and commit the child to the

17  department.

18         d.  Notwithstanding s. 743.07 and paragraph (d), and

19  except as provided in s. 985.31, the term of any order placing

20  a child in a community control program must be until the

21  child's 19th birthday unless he or she is released by the

22  court, on the motion of an interested party or on its own

23  motion.

24         2.  Commit the child to a licensed child-caring agency

25  willing to receive the child, but the court may not commit the

26  child to a jail or to a facility used primarily as a detention

27  center or facility or shelter.

28         3.  Commit the child to the Department of Juvenile

29  Justice at a restrictiveness level defined in s. 985.03 s.

30  985.03(45). Such commitment must be for the purpose of

31  exercising active control over the child, including, but not

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  1  limited to, custody, care, training, urine monitoring, and

  2  treatment of the child and release furlough of the child into

  3  the community in a postcommitment nonresidential aftercare

  4  program. If the child is not successful in the aftercare

  5  program, the department may use the transfer procedure under

  6  s. 985.404. Notwithstanding s. 743.07 and paragraph (d), and

  7  except as provided in s. 985.31, the term of the commitment

  8  must be until the child is discharged by the department or

  9  until he or she reaches the age of 21.

10         4.  Revoke or suspend the driver's license of the

11  child.

12         5.  Require the child and, if the court finds it

13  appropriate, the child's parent or guardian together with the

14  child, to render community service in a public service

15  program.

16         6.  As part of the community control program to be

17  implemented by the Department of Juvenile Justice, or, in the

18  case of a committed child, as part of the community-based

19  sanctions ordered by the court at the disposition hearing or

20  before the child's release from commitment, order the child to

21  make restitution in money, through a promissory note cosigned

22  by the child's parent or guardian, or in kind for any damage

23  or loss caused by the child's offense in a reasonable amount

24  or manner to be determined by the court. The clerk of the

25  circuit court shall be the receiving and dispensing agent. In

26  such case, the court shall order the child or the child's

27  parent or guardian to pay to the office of the clerk of the

28  circuit court an amount not to exceed the actual cost incurred

29  by the clerk as a result of receiving and dispensing

30  restitution payments. The clerk shall notify the court if

31  restitution is not made, and the court shall take any further

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  1  action that is necessary against the child or the child's

  2  parent or guardian. A finding by the court, after a hearing,

  3  that the parent or guardian has made diligent and good faith

  4  efforts to prevent the child from engaging in delinquent acts

  5  absolves the parent or guardian of liability for restitution

  6  under this subparagraph.

  7         7.  Order the child and, if the court finds it

  8  appropriate, the child's parent or guardian together with the

  9  child, to participate in a community work project, either as

10  an alternative to monetary restitution or as part of the

11  rehabilitative or community control program.

12         8.  Commit the child to the Department of Juvenile

13  Justice for placement in a program or facility for serious or

14  habitual juvenile offenders in accordance with s. 985.31. Any

15  commitment of a child to a program or facility for serious or

16  habitual juvenile offenders must be for an indeterminate

17  period of time, but the time may not exceed the maximum term

18  of imprisonment that an adult may serve for the same offense.

19  The court may retain jurisdiction over such child until the

20  child reaches the age of 21, specifically for the purpose of

21  the child completing the program.

22         9.  In addition to the sanctions imposed on the child,

23  order the parent or guardian of the child to perform community

24  service if the court finds that the parent or guardian did not

25  make a diligent and good faith effort to prevent the child

26  from engaging in delinquent acts. The court may also order the

27  parent or guardian to make restitution in money or in kind for

28  any damage or loss caused by the child's offense. The court

29  shall determine a reasonable amount or manner of restitution,

30  and payment shall be made to the clerk of the circuit court as

31  provided in subparagraph 6.

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  1         10.  Subject to specific appropriation, commit the

  2  juvenile sexual offender to the Department of Juvenile Justice

  3  for placement in a program or facility for juvenile sexual

  4  offenders in accordance with s. 985.308.  Any commitment of a

  5  juvenile sexual offender to a program or facility for juvenile

  6  sexual offenders must be for an indeterminate period of time,

  7  but the time may not exceed the maximum term of imprisonment

  8  that an adult may serve for the same offense.  The court may

  9  retain jurisdiction over a juvenile sexual offender until the

10  juvenile sexual offender reaches the age of 21, specifically

11  for the purpose of completing the program.

12         (2)  Following a delinquency adjudicatory hearing

13  pursuant to s. 985.228 and a delinquency disposition hearing

14  pursuant to s. 985.23 which results in a commitment

15  determination, the court shall, on its own or upon request by

16  the state or the department, determine whether the protection

17  of the public requires that the child be placed in a program

18  for serious or habitual juvenile offenders and whether the

19  particular needs of the child would be best served by a

20  program for serious or habitual juvenile offenders as provided

21  in s. 985.31. The determination shall be made pursuant to ss.

22  985.03(49) 985.03(47) and 985.23(3).

23         Section 12.  Section 985.316, Florida Statutes, is

24  amended to read:

25         985.316  Furlough and intensive Aftercare.--

26         (1)  It is the intent of the Legislature that, in order

27  to prevent recidivism of juvenile offenders, aftercare be

28  provided statewide to each juvenile who returns to his or her

29  community from a residential commitment program and

30  demonstrates through an assessment a need for aftercare. The

31  Legislature intends that aftercare be included in the

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  1  continuum of care and that planning for the transition to

  2  aftercare begin as early as possible in the commitment

  3  process. The Legislature further intends that commitment

  4  programs include rehabilitative efforts for preparing

  5  committed juveniles for a successful release into the

  6  community.

  7         (2)(1)  With regard to children referred or committed

  8  to the department, the function of the department may include,

  9  but shall not be limited to, supervising the child when

10  released furloughed into the community from a facility of the

11  department, including providing such counseling and other

12  services as may be necessary for the families and assisting

13  their preparations for the return of the child.

14         (3)  After a juvenile is released from a residential

15  commitment program, aftercare services may be delivered

16  through a minimum-risk nonresidential commitment program or

17  through postcommitment community control. A juvenile placed

18  into a minimum-risk nonresidential commitment program shall

19  continue on commitment status and is subject to transfer as

20  provided in s. 985.404. A juvenile placed on postcommitment

21  community control is subject to s. 985.213(1)(a).

22         (4)(2)  Whenever a delinquent child is committed to a

23  residential program operated by a private vendor under

24  contract, the department may negotiate with such vendor to

25  provide intensive aftercare for the child in the home

26  community following successful completion of the residential

27  program. Intensive aftercare shall involve regular contact

28  between the child and the staff of the vendor with whom the

29  child has developed a relationship during the course of the

30  commitment program. Contingent upon specific appropriation, a

31  contract for intensive aftercare provided by the residential

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  1  commitment program vendor shall provide for caseloads of 10 or

  2  fewer children, intensive aftercare for 1 year, and a transfer

  3  of the ongoing case management and reentry responsibilities

  4  from the department to the vendor at the time the vendor

  5  admits the child into the commitment program.  The department

  6  shall annually seek the necessary resources to provide

  7  intensive aftercare.

  8         (5)(3)  Subject to specific appropriation, the

  9  department shall provide or contract for outpatient sexual

10  offender counseling for any juvenile sexual offender released

11  furloughed from a commitment program, as a component of

12  aftercare services.

13         (4)  Upon a recommendation that a child committed to

14  the department have his or her furlough revoked, the

15  department shall, within 30 days after the date the

16  recommendation is made, hold an administrative hearing

17  pursuant to chapter 120.

18         (6)(5)  It is the legislative intent that, to prevent

19  recidivism of juvenile offenders, reentry and aftercare

20  services be provided statewide to each juvenile who returns to

21  his or her community from a residential commitment program.

22  Accordingly, the Legislature further intends that reentry and

23  aftercare services be included in the continuum of care.

24         Section 13.  Subsection (4) of section 985.404, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         985.404  Administering the juvenile justice

27  continuum.--

28         (4)  The department may transfer a child, when

29  necessary to appropriately administer the child's commitment,

30  from one facility or program to another facility or program

31  operated, contracted, subcontracted, or designated by the

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  1  department, including a postcommitment minimum-risk

  2  nonresidential aftercare program. The department shall notify

  3  the court that committed the child to the department, in

  4  writing, of its transfer of the child from a commitment

  5  facility or program to another facility or program of a higher

  6  or lower restrictiveness level.  The court that committed the

  7  child may agree to the transfer or may set a hearing to review

  8  the transfer.  If the court does not respond within 10 days

  9  after receipt of the notice, the transfer of the child shall

10  be deemed granted.

11         Section 14.  Subsection (3) of section 985.406, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         985.406  Juvenile justice training academies

14  established; Juvenile Justice Standards and Training

15  Commission created; Juvenile Justice Training Trust Fund

16  created.--

17         (3)  JUVENILE JUSTICE TRAINING PROGRAM.--The commission

18  shall establish a certifiable program for juvenile justice

19  training pursuant to the provisions of this section, and all

20  Department of Juvenile Justice program staff and providers who

21  deliver direct care services pursuant to contract with the

22  department shall be required to participate in and

23  successfully complete the commission-approved program of

24  training pertinent to their areas of responsibility. Judges,

25  state attorneys, and public defenders, law enforcement

26  officers, and school district personnel may participate in

27  such training program. For the juvenile justice program staff,

28  the commission shall, based on a job-task analysis:

29         (a)  Design, implement, maintain, evaluate, and revise

30  a basic training program, including a competency-based

31  curriculum-based examination, for the purpose of providing

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  1  minimum employment training qualifications for all juvenile

  2  justice personnel. All program staff of the Department of

  3  Juvenile Justice and providers who deliver direct-care

  4  services who are hired after October 1, 1999, must meet the

  5  following minimum requirements:

  6         1.  Be at least 19 years of age.

  7         2.  Be a citizen of the United States, notwithstanding

  8  any law to the contrary.

  9         3.  Be a high school graduate or its equivalent as

10  determined by the commission.

11         4.  Not have been convicted of any felony or a

12  misdemeanor involving perjury or a false statement, or have

13  received a dishonorable discharge from any of the Armed Forces

14  of the United States. Any person who, after September 30,

15  1999, pleads guilty or nolo contendere to or is found guilty

16  of any felony or a misdemeanor involving perjury or false

17  statement is not eligible for employment, notwithstanding

18  suspension of sentence or withholding of adjudication.

19  Notwithstanding this subparagraph, any person who pleads nolo

20  contendere to a misdemeanor involving a false statement before

21  October 1, 1999, and who has had such record of that plea

22  sealed or expunged is not ineligible for employment for that

23  reason.

24         5.  Abide by all the provisions of s. 985.01(2)

25  regarding fingerprinting and background investigations and

26  other screening requirements for personnel.

27         6.  Have passed a physical exam by a licensed

28  physician, based on specifications established by the

29  department, which must include preemployment drug screening

30  and testing.

31

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  1         7.  Execute and submit to the department an

  2  affidavit-of-application form, adopted by the department,

  3  attesting to his or her compliance with subparagraphs 1.

  4  through 6. The affidavit must be executed under oath and

  5  constitutes an official statement under s. 837.06. The

  6  affidavit must include conspicuous language that the

  7  intentional false execution of the affidavit constitutes a

  8  misdemeanor of the second degree. The employing agency shall

  9  retain the affidavit.

10         8.  Complete a basic training program approved by the

11  commission for the applicable juvenile justice

12  responsibilities.

13         (b)  Design, implement, maintain, evaluate, and revise

14  an advanced training program, including a competency-based

15  curriculum-based examination for each training course, which

16  is intended to enhance knowledge, skills, and abilities

17  related to job performance.

18         (c)  Design, implement, maintain, evaluate, and revise

19  a career development training program, including a

20  competency-based curriculum-based examination for each

21  training course. Career development courses are intended to

22  prepare personnel for promotion.

23         (d)  The commission is encouraged to design, implement,

24  maintain, evaluate, and revise juvenile justice training

25  courses, or to enter into contracts for such training courses,

26  that are intended to provide for the safety and well-being of

27  both citizens and juvenile offenders.

28         Section 15.  Paragraph (b) of subsection (15) of

29  section 985.41, Florida Statutes, 1998 Supplement, is amended

30  to read:

31         985.41  Siting of facilities; study; criteria.--

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  1         (15)

  2         (b)  Notwithstanding ss. 255.25(1)(b) and 255.25001(2),

  3  the department may enter into lease-purchase agreements to

  4  provide juvenile justice facilities for the housing of

  5  committed youths contingent upon available funds.  The

  6  facilities provided through such agreements shall meet the

  7  program plan and specifications of the department.  The

  8  department may enter into such lease agreements with private

  9  corporations and other governmental entities. Notwithstanding

10  any provision of chapter 255 to the contrary, the department

11  may use tax-exempt financing to provide juvenile justice

12  facilities. Such financing may include the issuance of

13  tax-exempt bonds and certificates of participation. However,

14  notwithstanding the provisions of s. 255.255(3)(a), no such

15  lease agreement may be entered into except upon advertisement

16  for the receipt of competitive bids and award to the lowest

17  and best bidder except when contracting with other

18  governmental entities.

19         Section 16.  Section 985.4145, Florida Statutes, is

20  created to read:

21         985.4145  Direct-support organization; definition; use

22  of property; board of directors; audit.--

23         (1)  DEFINITION.--As used in this section, the term

24  "direct-support organization" means an organization that is:

25         (a)  A corporation not for profit incorporated under

26  chapter 617 and approved by the Department of State;

27         (b)  Organized and operated to conduct programs and

28  activities; raise funds; request and receive grants, gifts,

29  and bequests of moneys; acquire, receive, hold, invest, and

30  administer, in its own name, securities, funds, objects of

31  value, or other property, real or personal; and make

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  1  expenditures to or for the direct or indirect benefit of the

  2  Department of Juvenile Justice or the juvenile justice system

  3  operated by a county commission or a district board;

  4         (c)  Determined by the Department of Juvenile Justice

  5  to be consistent with the goals of the juvenile justice

  6  system, in the best interest of the state, and in accordance

  7  with the adopted goals and mission of the Department of

  8  Juvenile Justice.

  9         (2)  USE OF PROPERTY.--

10         (a)  The Department of Juvenile Justice may permit,

11  without charge, appropriate use of fixed property and

12  facilities of the juvenile justice system by a direct-support

13  organization, subject to the provisions in this section.

14         (b)  The department may prescribe any condition with

15  which a direct-support organization shall comply in order to

16  use fixed property or facilities of the juvenile justice

17  system.

18         (c)  The department may not permit the use of any fixed

19  property or facilities of the juvenile justice system by a

20  direct-support organization that does not provide equal

21  membership and employment opportunities to all persons

22  regardless of race, color, religion, sex, age, or national

23  origin.

24         (3)  BOARD OF DIRECTORS.--The Secretary of Juvenile

25  Justice shall appoint a board of directors of the

26  direct-support organization. Members of the organization must

27  include representatives from businesses, representatives from

28  each of the juvenile justice service districts, and one

29  representative appointed at-large.

30         (4)  ANNUAL AUDIT.--The direct-support organization

31  shall make provision for an annual postaudit of its financial

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  1  accounts to be conducted by an independent certified public

  2  accountant in accordance with s. 20.055. The annual audit

  3  report must include a management letter and be submitted to

  4  the Auditor General and the Department of Juvenile Justice for

  5  review. The department and the Auditor General may require and

  6  receive from the organization, or from its independent

  7  auditor, any detail or supplemental data relative to the

  8  operation of the organization.

  9         Section 17.  Subsection (5) of section 985.417, Florida

10  Statutes, is amended to read:

11         985.417  Transfer of children from the Department of

12  Corrections to the Department of Juvenile Justice.--

13         (5)  Any child who has been convicted of a capital

14  felony while under the age of 18 years may not be released

15  furloughed on community control without the consent of the

16  Governor and three members of the Cabinet.

17         Section 18.  Paragraph (d) of subsection (1) of section

18  419.001, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         419.001  Site selection of community residential

21  homes.--

22         (1)  For the purposes of this section, the following

23  definitions shall apply:

24         (d)  "Resident" means any of the following:  a frail

25  elder as defined in s. 400.618; a physically disabled or

26  handicapped person as defined in s. 760.22(7)(a); a

27  developmentally disabled person as defined in s. 393.063(11);

28  a nondangerous mentally ill person as defined in s.

29  394.455(18); or a child as defined in s. 39.01(11), s.

30  984.03(9) or (12), or s. 985.03(9) s. 985.03(8).

31

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  1         Section 19.  Section 784.075, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         784.075  Battery on detention or commitment facility

  4  staff.--A person who commits a battery on a juvenile probation

  5  officer an intake counselor or case manager, as defined in s.

  6  984.03 s. 984.03(31) or s. 985.03 s. 985.03(30), on other

  7  staff of a detention center or facility as defined in s.

  8  984.03 s. 984.03(19) or s. 985.03 s. 985.03(19), or on a staff

  9  member of a commitment facility as defined in s. 985.03(47) s.

10  985.03(45), commits a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084. For

12  purposes of this section, a staff member of the facilities

13  listed includes persons employed by the Department of Juvenile

14  Justice, persons employed at facilities licensed by the

15  Department of Juvenile Justice, and persons employed at

16  facilities operated under a contract with the Department of

17  Juvenile Justice.

18         Section 20.  Section 984.05, Florida Statutes, 1998

19  Supplement, is amended to read:

20         984.05  Rules relating to habitual truants; adoption by

21  Department of Education and Department of Juvenile

22  Justice.--The Department of Juvenile Justice and the

23  Department of Education shall work together on the development

24  of, and shall adopt, rules as necessary for the implementation

25  of ss. 232.19, 984.03(29), and 985.03(28) 985.03(27).

26         Section 21.  Paragraph (b) of subsection (2) of section

27  985.227, Florida Statutes, is amended to read:

28         985.227  Prosecution of juveniles as adults by the

29  direct filing of an information in the criminal division of

30  the circuit court; discretionary criteria; mandatory

31  criteria.--

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  1         (2)  MANDATORY DIRECT FILE.--

  2         (b)  Notwithstanding subsection (1), regardless of the

  3  child's age at the time the alleged offense was committed, the

  4  state attorney must file an information with respect to any

  5  child who previously has been adjudicated for offenses which,

  6  if committed by an adult, would be felonies and such

  7  adjudications occurred at three or more separate delinquency

  8  adjudicatory hearings, and three of which resulted in

  9  residential commitments as defined in s. 985.03(47) s.

10  985.03(45).

11         Section 22.  Paragraph (e) of subsection (3) and

12  paragraph (a) of subsection (4) of section 985.31, Florida

13  Statutes, 1998 Supplement, are amended to read:

14         985.31  Serious or habitual juvenile offender.--

15         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

16  TREATMENT.--

17         (e)  After a child has been adjudicated delinquent

18  pursuant to s. 985.228, the court shall determine whether the

19  child meets the criteria for a serious or habitual juvenile

20  offender pursuant to s. 985.03(49) s. 985.03(47). If the court

21  determines that the child does not meet such criteria, the

22  provisions of s. 985.231(1) shall apply.

23         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

24         (a)  Pursuant to the provisions of this section, the

25  department shall implement the comprehensive assessment

26  instrument for the treatment needs of serious or habitual

27  juvenile offenders and for the assessment, which assessment

28  shall include the criteria under s. 985.03(49) s. 985.03(47)

29  and shall also include, but not be limited to, evaluation of

30  the child's:

31         1.  Amenability to treatment.

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  1         2.  Proclivity toward violence.

  2         3.  Tendency toward gang involvement.

  3         4.  Substance abuse or addiction and the level thereof.

  4         5.  History of being a victim of child abuse or sexual

  5  abuse, or indication of sexual behavior dysfunction.

  6         6.  Number and type of previous adjudications, findings

  7  of guilt, and convictions.

  8         7.  Potential for rehabilitation.

  9         Section 23.  Paragraph (e) of subsection (3) and

10  paragraph (a) of subsection (4) of section 985.311, Florida

11  Statutes, 1998 Supplement, are amended to read:

12         985.311  Intensive residential treatment program for

13  offenders less than 13 years of age.--

14         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

15  TREATMENT.--

16         (e)  After a child has been adjudicated delinquent

17  pursuant to s. 985.228(5), the court shall determine whether

18  the child is eligible for an intensive residential treatment

19  program for offenders less than 13 years of age pursuant to s.

20  985.03(8) s. 985.03(7).  If the court determines that the

21  child does not meet the criteria, the provisions of s.

22  985.231(1) shall apply.

23         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

24         (a)  Pursuant to the provisions of this section, the

25  department shall implement the comprehensive assessment

26  instrument for the treatment needs of children who are

27  eligible for an intensive residential treatment program for

28  offenders less than 13 years of age and for the assessment,

29  which assessment shall include the criteria under s. 985.03(8)

30  s. 985.03(7) and shall also include, but not be limited to,

31  evaluation of the child's:

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  1         1.  Amenability to treatment.

  2         2.  Proclivity toward violence.

  3         3.  Tendency toward gang involvement.

  4         4.  Substance abuse or addiction and the level thereof.

  5         5.  History of being a victim of child abuse or sexual

  6  abuse, or indication of sexual behavior dysfunction.

  7         6.  Number and type of previous adjudications, findings

  8  of guilt, and convictions.

  9         7.  Potential for rehabilitation.

10         Section 24.  Section 985.312, Florida Statutes, is

11  amended to read:

12         985.312  Intensive residential treatment programs for

13  offenders less than 13 years of age; prerequisite for

14  commitment.--No child who is eligible for commitment to an

15  intensive residential treatment program for offenders less

16  than 13 years of age as established in s. 985.03(8) s.

17  985.03(7), may be committed to any intensive residential

18  treatment program for offenders less than 13 years of age as

19  established in s. 985.311, unless such program has been

20  established by the department through existing resources or

21  specific appropriation, for such program.

22         Section 25.  Section 985.3141, Florida Statutes, is

23  amended to read:

24         985.3141  Escapes from secure detention or residential

25  commitment facility.--An escape from:

26         (1)  Any secure detention facility maintained for the

27  temporary detention of children, pending adjudication,

28  disposition, or placement;

29         (2)  Any residential commitment facility described in

30  s. 985.03(47) s. 985.03(45), maintained for the custody,

31

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  1  treatment, punishment, or rehabilitation of children found to

  2  have committed delinquent acts or violations of law; or

  3         (3)  Lawful transportation to or from any such secure

  4  detention facility or residential commitment facility,

  5

  6  constitutes escape within the intent and meaning of s. 944.40

  7  and is a felony of the third degree, punishable as provided in

  8  s. 775.082, s. 775.083, or s. 775.084.

  9         Section 26.  This act shall take effect upon becoming a

10  law.

11

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13                          SENATE SUMMARY

14    Revises various provisions governing juvenile justice
      programs. Requires that the Criminal Justice Information
15    Program retain the criminal history records of certain
      minors. Provides requirements for aftercare provided for
16    juvenile offenders. Deletes a requirement that school
      officials be informed of students who have a history of
17    sexual behavior with other juveniles. Provides for
      fingerprint records and photographs of juveniles to be
18    submitted to the Department of Law Enforcement. Extends
      the period that a juvenile charged with a capitol offense
19    may be held in detention prior to an adjudicatory
      hearing. Limits the period that a juvenile may be placed
20    on home detention with electronic monitoring. Provides
      additional qualifications for the program staff of the
21    Department of Juvenile Justice and its providers.
      Authorizes the Department of Juvenile Justice to use
22    tax-exempt financing to provide juvenile justice
      facilities. Authorizes a direct-support organization for
23    the Department of Juvenile Justice. (See bill for
      details.)
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