Senate Bill sb1946c1
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Florida Senate - 2004 CS for SB 1946
By the Committee on Criminal Justice; and Senator Clary
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1 A bill to be entitled
2 An act relating to juvenile justice; amending
3 s. 287.012, F.S.; redefining the term "eligible
4 user"; allowing contract providers of juvenile
5 justice services to purchase off of state
6 contracts; amending s. 790.22, F.S.;
7 eliminating a requirement that the department
8 provide nonidentifying information concerning
9 certain juvenile offenders to the Office of
10 Economic Development and Demographic Research;
11 amending s. 984.06, F.S.; revising provisions
12 limiting public inspection of court records
13 pertaining to children and families in need of
14 services; authorizing a guardian ad litem to
15 inspect such records under certain
16 circumstances; amending s. 985.201, F.S.;
17 clarifying circumstances in which the court may
18 retain jurisdiction beyond the 19th birthday of
19 certain juvenile offenders; amending s.
20 985.2075, F.S.; expanding the circumstances in
21 which a youth custody officer is authorized to
22 act; requiring youth custody officers to file
23 petitions and gather evidence in certain
24 circumstances; amending ss. 985.213 and
25 985.215, F.S.; authorizing the use, at the
26 court's discretion, of video teleconference to
27 facilitate the appearance of a child at certain
28 detention hearings; amending s. 985.231, F.S.;
29 authorizing the department or the state
30 attorney to file an affidavit alleging
31 violation of a probation of postcommitment
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1 probation program; requiring the state attorney
2 to represent the state in any hearing on such
3 alleged violation; providing for quarterly,
4 rather than monthly, treatment reports;
5 authorizing, at the court's discretion, the use
6 of video teleconference to facilitate the
7 appearance of a child at certain hearings;
8 conforming provisions relating to jurisdiction;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (12) of section 287.012, Florida
14 Statutes, is amended to read:
15 287.012 Definitions.--As used in this part, the term:
16 (12) "Eligible user" means any contracted provider
17 organization acting as an agent for the Department of Juvenile
18 Justice while conducting business related solely to the
19 provision of services to juveniles under chapters 984 and 985
20 or any person or entity authorized by the department pursuant
21 to rule to purchase from state term contracts or to use the
22 on-line procurement system.
23 Section 2. Subsection (8) of section 790.22, Florida
24 Statutes, is amended to read:
25 790.22 Use of BB guns, air or gas-operated guns, or
26 electric weapons or devices by minor under 16; limitation;
27 possession of firearms by minor under 18 prohibited;
28 penalties.--
29 (8) Notwithstanding s. 985.213 or s. 985.215(1), if a
30 minor under 18 years of age is charged with an offense that
31 involves the use or possession of a firearm, as defined in s.
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1 790.001, including a violation of subsection (3), or is
2 charged for any offense during the commission of which the
3 minor possessed a firearm, the minor shall be detained in
4 secure detention, unless the state attorney authorizes the
5 release of the minor, and shall be given a hearing within 24
6 hours after being taken into custody. At the hearing, the
7 court may order that the minor continue to be held in secure
8 detention in accordance with the applicable time periods
9 specified in s. 985.215(5), if the court finds that the minor
10 meets the criteria specified in s. 985.215(2), or if the court
11 finds by clear and convincing evidence that the minor is a
12 clear and present danger to himself or herself or the
13 community. The Department of Juvenile Justice shall prepare a
14 form for all minors charged under this subsection that states
15 the period of detention and the relevant demographic
16 information, including, but not limited to, the sex, age, and
17 race of the minor; whether or not the minor was represented by
18 private counsel or a public defender; the current offense; and
19 the minor's complete prior record, including any pending
20 cases. The form shall be provided to the judge to be
21 considered when determining whether the minor should be
22 continued in secure detention under this subsection. An order
23 placing a minor in secure detention because the minor is a
24 clear and present danger to himself or herself or the
25 community must be in writing, must specify the need for
26 detention and the benefits derived by the minor or the
27 community by placing the minor in secure detention, and must
28 include a copy of the form provided by the department. The
29 Department of Juvenile Justice must send the form, including a
30 copy of any order, without client-identifying information, to
31 the Office of Economic and Demographic Research.
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1 Section 3. Subsection (3) of section 984.06, Florida
2 Statutes, is amended to read:
3 984.06 Oaths, records, and confidential information.--
4 (3) The clerk shall keep all court records required by
5 this chapter separate from other records of the circuit court.
6 All court records required by this chapter are not open to
7 inspection by the public. All such records shall may be
8 inspected only upon order of the court by persons a person
9 deemed by the court to have a proper interest therein, except
10 that, subject to the provisions of s. 63.162, a child and the
11 parents or legal custodians of the child and their attorneys,
12 the guardian ad litem, if one has been appointed for the
13 child, law enforcement agencies, and the department and its
14 designees have the right to may inspect and copy any official
15 record pertaining to the child. The court may permit
16 authorized representatives of recognized organizations
17 compiling statistics for proper purposes to inspect and make
18 abstracts from official records, under whatever conditions
19 upon their use and disposition the court may deem deems
20 proper, and may punish by contempt proceedings any violation
21 of those conditions.
22 Section 4. Subsection (4) of section 985.201, Florida
23 Statutes, is amended to read:
24 985.201 Jurisdiction.--
25 (4)(a) Notwithstanding ss. 743.07, 985.229, 985.23,
26 and 985.231, and except as provided in ss. 985.31 and 985.313,
27 when the jurisdiction of any child who is alleged to have
28 committed a delinquent act or violation of law is obtained,
29 the court shall retain jurisdiction, unless relinquished by
30 its order, until the child reaches 19 years of age, with the
31 same power over the child that the court had prior to the
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1 child becoming an adult. The court may continue to retain
2 jurisdiction of the child beyond the child's 19th birthday in
3 accordance with the following:
4 (b)1. The court may retain jurisdiction over a child
5 committed to the department for placement in a juvenile prison
6 or in a high-risk or maximum-risk residential commitment
7 program to allow the child to participate in a juvenile
8 conditional release program pursuant to s. 985.316. In no case
9 shall the jurisdiction of the court be retained beyond the
10 child's 22nd birthday. However, if the child is not successful
11 in the conditional release program, the department may use the
12 transfer procedure under s. 985.404.
13 2. The court may retain jurisdiction over a child
14 committed to the department for placement in an intensive
15 residential treatment program for offenders less than 13 years
16 of age 10-year-old to 13-year-old offenders, in the
17 residential commitment program in a juvenile prison, in a
18 residential sex offender program, or in a program for serious
19 or habitual juvenile offenders as provided in s. 985.311 or s.
20 985.31 until the child reaches the age of 21. The court may
21 retain such jurisdiction solely for the purpose of allowing
22 the child to complete such program. If the court exercises
23 this jurisdiction retention, it shall do so solely for the
24 purpose of the child completing the intensive residential
25 treatment program for 10-year-old to 13-year-old offenders, in
26 the residential commitment program in a juvenile prison, in a
27 residential sex offender program, or the program for serious
28 or habitual juvenile offenders. Such jurisdiction retention
29 does not apply for other programs, other purposes, or new
30 offenses.
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1 (b)(c) The court may retain jurisdiction over a child
2 and the child's parent or legal guardian whom the court has
3 ordered to pay restitution until the restitution order is
4 satisfied or until the court orders otherwise. If the court
5 retains such jurisdiction after the date upon which the
6 court's jurisdiction would cease under this section, it shall
7 do so solely for the purpose of enforcing the restitution
8 order. The terms of the restitution order are subject to the
9 provisions of s. 775.089(5).
10 (c)(d) This subsection does not prevent the exercise
11 of jurisdiction by any court having jurisdiction of the child
12 if the child, after becoming an adult, commits a violation of
13 law.
14 Section 5. Subsection (1) of section 985.2075, Florida
15 Statutes, is amended, and subsection (4) is added to that
16 section, to read:
17 985.2075 Youth custody officer.--
18 (1) There is created within the Department of Juvenile
19 Justice the position of youth custody officer. The duties of
20 each youth custody officer shall be to take youth into custody
21 if the officer has probable cause to believe that the youth
22 has violated the conditions of probation, home detention,
23 conditional release, or postcommitment probation, has
24 absconded supervision of the department, has escaped from a
25 department facility, or has failed to appear in court after
26 being properly noticed. The authority of the youth custody
27 officer to take youth into custody is specifically limited to
28 this purpose.
29 (4) A youth custody officer who, while in the
30 performance of his or her duties, takes a youth into custody
31 for any reason specified in subsection (1) and has probable
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1 cause to believe that the youth committed a crime during the
2 course of, or subsequent to, being taken into custody must
3 file the appropriate petitions and gather any evidence for
4 prosecution in a court of law.
5 Section 6. Subsection (2) of section 985.213, Florida
6 Statutes, is amended to read:
7 985.213 Use of detention.--
8 (2)(a) All determinations and court orders regarding
9 placement of a child into detention care shall comply with all
10 requirements and criteria provided in this part and shall be
11 based on a risk assessment of the child, unless the child is
12 placed into detention care as provided in subparagraph (b)3.
13 (b)1. The risk assessment instrument for detention
14 care placement determinations and orders shall be developed by
15 the Department of Juvenile Justice in agreement with
16 representatives appointed by the following associations: the
17 Conference of Circuit Judges of Florida, the Prosecuting
18 Attorneys Association, the Public Defenders Association, the
19 Florida Sheriffs Association, and the Florida Association of
20 Chiefs of Police. Each association shall appoint two
21 individuals, one representing an urban area and one
22 representing a rural area. The parties involved shall evaluate
23 and revise the risk assessment instrument as is considered
24 necessary using the method for revision as agreed by the
25 parties. The risk assessment instrument shall take into
26 consideration, but need not be limited to, prior history of
27 failure to appear, prior offenses, offenses committed pending
28 adjudication, any unlawful possession of a firearm, theft of a
29 motor vehicle or possession of a stolen motor vehicle, and
30 probation status at the time the child is taken into custody.
31 The risk assessment instrument shall also take into
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1 consideration appropriate aggravating and mitigating
2 circumstances, and shall be designed to target a narrower
3 population of children than s. 985.215(2). The risk assessment
4 instrument shall also include any information concerning the
5 child's history of abuse and neglect. The risk assessment
6 shall indicate whether detention care is warranted, and, if
7 detention care is warranted, whether the child should be
8 placed into secure, nonsecure, or home detention care.
9 2. If, at the detention hearing, the court finds a
10 material error in the scoring of the risk assessment
11 instrument, the court may amend the score to reflect factual
12 accuracy.
13 3. A child who is charged with committing an offense
14 of domestic violence as defined in s. 741.28 and who does not
15 meet detention criteria may be held in secure detention if the
16 court makes specific written findings that:
17 a. Respite care for the child is not available; and
18 b. It is necessary to place the child in secure
19 detention in order to protect the victim from injury.
20
21 The child may not be held in secure detention under this
22 subparagraph for more than 48 hours unless ordered by the
23 court. After 48 hours, the court shall hold a hearing if the
24 state attorney or victim requests that secure detention be
25 continued. The child may continue to be held in detention care
26 if the court makes a specific, written finding that detention
27 care is necessary to protect the victim from injury. However,
28 the child may not be held in detention care beyond the time
29 limits set forth in s. 985.215. At the discretion of the
30 court, the child may appear by video teleconference at any
31 court hearing required by this subparagraph.
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1 4. For a child who is under the supervision of the
2 department through probation, home detention, nonsecure
3 detention, conditional release, postcommitment probation, or
4 commitment and who is charged with committing a new offense,
5 the risk assessment instrument may be completed and scored
6 based on the underlying charge for which the child was placed
7 under the supervision of the department and the new offense.
8 Section 7. Section 985.215, Florida Statutes, is
9 amended to read:
10 985.215 Detention.--
11 (1) The juvenile probation officer shall receive
12 custody of a child who has been taken into custody from the
13 law enforcement agency and shall review the facts in the law
14 enforcement report or probable cause affidavit and make such
15 further inquiry as may be necessary to determine whether
16 detention care is required.
17 (a) During the period of time from the taking of the
18 child into custody to the date of the detention hearing, the
19 initial decision as to the child's placement into secure
20 detention care, nonsecure detention care, or home detention
21 care shall be made by the juvenile probation officer pursuant
22 to ss. 985.213 and 985.214.
23 (b) The juvenile probation officer shall base the
24 decision whether or not to place the child into secure
25 detention care, home detention care, or nonsecure detention
26 care on an assessment of risk in accordance with the risk
27 assessment instrument and procedures developed by the
28 Department of Juvenile Justice under s. 985.213. However, a
29 child charged with possessing or discharging a firearm on
30 school property in violation of s. 790.115 shall be placed in
31 secure detention care.
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1 (c) If the juvenile probation officer determines that
2 a child who is eligible for detention based upon the results
3 of the risk assessment instrument should be released, the
4 juvenile probation officer shall contact the state attorney,
5 who may authorize release. If detention is not authorized, the
6 child may be released by the juvenile probation officer in
7 accordance with s. 985.211.
8
9 Under no circumstances shall the juvenile probation officer or
10 the state attorney or law enforcement officer authorize the
11 detention of any child in a jail or other facility intended or
12 used for the detention of adults, without an order of the
13 court.
14 (2) Subject to the provisions of subsection (1), a
15 child taken into custody and placed into nonsecure or home
16 detention care or detained in secure detention care prior to a
17 detention hearing may continue to be detained by the court if:
18 (a) The child is alleged to be an escapee or an
19 absconder from a commitment program, a probation program, or
20 conditional release supervision, or is alleged to have escaped
21 while being lawfully transported to or from such program or
22 supervision.
23 (b) The child is wanted in another jurisdiction for an
24 offense which, if committed by an adult, would be a felony.
25 (c) The child is charged with a delinquent act or
26 violation of law and requests in writing through legal counsel
27 to be detained for protection from an imminent physical threat
28 to his or her personal safety.
29 (d) The child is charged with committing an offense of
30 domestic violence as defined in s. 741.28 and is detained as
31 provided in s. 985.213(2)(b)3.
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1 (e) The child is charged with possession or
2 discharging a firearm on school property in violation of s.
3 790.115.
4 (f) The child is charged with a capital felony, a life
5 felony, a felony of the first degree, a felony of the second
6 degree that does not involve a violation of chapter 893, or a
7 felony of the third degree that is also a crime of violence,
8 including any such offense involving the use or possession of
9 a firearm.
10 (g) The child is charged with any second degree or
11 third degree felony involving a violation of chapter 893 or
12 any third degree felony that is not also a crime of violence,
13 and the child:
14 1. Has a record of failure to appear at court hearings
15 after being properly notified in accordance with the Rules of
16 Juvenile Procedure;
17 2. Has a record of law violations prior to court
18 hearings;
19 3. Has already been detained or has been released and
20 is awaiting final disposition of the case;
21 4. Has a record of violent conduct resulting in
22 physical injury to others; or
23 5. Is found to have been in possession of a firearm.
24 (h) The child is alleged to have violated the
25 conditions of the child's probation or conditional release
26 supervision. However, a child detained under this paragraph
27 may be held only in a consequence unit as provided in s.
28 985.231(1)(a)1.c. If a consequence unit is not available, the
29 child shall be placed on home detention with electronic
30 monitoring.
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1 (i) The child is detained on a judicial order for
2 failure to appear and has previously willfully failed to
3 appear, after proper notice, for an adjudicatory hearing on
4 the same case regardless of the results of the risk assessment
5 instrument. A child may be held in secure detention for up to
6 72 hours in advance of the next scheduled court hearing
7 pursuant to this paragraph. The child's failure to keep the
8 clerk of court and defense counsel informed of a current and
9 valid mailing address where the child will receive notice to
10 appear at court proceedings does not provide an adequate
11 ground for excusal of the child's nonappearance at the
12 hearings.
13 (j) The child is detained on a judicial order for
14 failure to appear and has previously willfully failed to
15 appear, after proper notice, at two or more court hearings of
16 any nature on the same case regardless of the results of the
17 risk assessment instrument. A child may be held in secure
18 detention for up to 72 hours in advance of the next scheduled
19 court hearing pursuant to this paragraph. The child's failure
20 to keep the clerk of court and defense counsel informed of a
21 current and valid mailing address where the child will receive
22 notice to appear at court proceedings does not provide an
23 adequate ground for excusal of the child's nonappearance at
24 the hearings.
25
26 A child who meets any of these criteria and who is ordered to
27 be detained pursuant to this subsection shall be given a
28 hearing within 24 hours after being taken into custody. The
29 purpose of the detention hearing is to determine the existence
30 of probable cause that the child has committed the delinquent
31 act or violation of law with which he or she is charged and
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1 the need for continued detention. At the discretion of the
2 court, the child may appear by video teleconference at this
3 24-hour review hearing. Unless a child is detained under
4 paragraph (d) or paragraph (e), the court shall utilize the
5 results of the risk assessment performed by the juvenile
6 probation officer and, based on the criteria in this
7 subsection, shall determine the need for continued detention.
8 A child placed into secure, nonsecure, or home detention care
9 may continue to be so detained by the court pursuant to this
10 subsection. If the court orders a placement more restrictive
11 than indicated by the results of the risk assessment
12 instrument, the court shall state, in writing, clear and
13 convincing reasons for such placement. Except as provided in
14 s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
15 paragraph (10)(c), or paragraph (10)(d), when a child is
16 placed into secure or nonsecure detention care, or into a
17 respite home or other placement pursuant to a court order
18 following a hearing, the court order must include specific
19 instructions that direct the release of the child from such
20 placement no later than 5 p.m. on the last day of the
21 detention period specified in paragraph (5)(b) or paragraph
22 (5)(c), or subparagraph (10)(a)1., whichever is applicable,
23 unless the requirements of such applicable provision have been
24 met or an order of continuance has been granted pursuant to
25 paragraph (5)(f).
26 (3) Except in emergency situations, a child may not be
27 placed into or transported in any police car or similar
28 vehicle that at the same time contains an adult under arrest,
29 unless the adult is alleged or believed to be involved in the
30 same offense or transaction as the child.
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1 (4) The court shall order the delivery of a child to a
2 jail or other facility intended or used for the detention of
3 adults:
4 (a) When the child has been transferred or indicted
5 for criminal prosecution as an adult pursuant to this part,
6 except that the court may not order or allow a child alleged
7 to have committed a misdemeanor who is being transferred for
8 criminal prosecution pursuant to either s. 985.226 or s.
9 985.227 to be detained or held in a jail or other facility
10 intended or used for the detention of adults; however, such
11 child may be held temporarily in a detention facility; or
12 (b) When a child taken into custody in this state is
13 wanted by another jurisdiction for prosecution as an adult.
14
15 The child shall be housed separately from adult inmates to
16 prohibit a child from having regular contact with incarcerated
17 adults, including trustees. "Regular contact" means sight and
18 sound contact. Separation of children from adults shall permit
19 no more than haphazard or accidental contact. The receiving
20 jail or other facility shall contain a separate section for
21 children and shall have an adequate staff to supervise and
22 monitor the child's activities at all times. Supervision and
23 monitoring of children includes physical observation and
24 documented checks by jail or receiving facility supervisory
25 personnel at intervals not to exceed 15 minutes. This
26 paragraph does not prohibit placing two or more children in
27 the same cell. Under no circumstances shall a child be placed
28 in the same cell with an adult.
29 (5)(a) A child may not be placed into or held in
30 secure, nonsecure, or home detention care for longer than 24
31 hours unless the court orders such detention care, and the
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1 order includes specific instructions that direct the release
2 of the child from such detention care, in accordance with
3 subsection (2). The order shall be a final order, reviewable
4 by appeal pursuant to s. 985.234 and the Florida Rules of
5 Appellate Procedure. Appeals of such orders shall take
6 precedence over other appeals and other pending matters.
7 (b) The arresting law enforcement agency shall
8 complete and present its investigation of an offense under
9 this subsection to the appropriate state attorney's office
10 within 8 days after placement of the child in secure
11 detention. The investigation shall include, but is not limited
12 to, police reports and supplemental police reports, witness
13 statements, and evidence collection documents. The failure of
14 a law enforcement agency to complete and present its
15 investigation within 8 days shall not entitle a juvenile to be
16 released from secure detention or to a dismissal of any
17 charges.
18 (c) Except as provided in paragraph (g), a child may
19 not be held in secure, nonsecure, or home detention care under
20 a special detention order for more than 21 days unless an
21 adjudicatory hearing for the case has been commenced in good
22 faith by the court.
23 (d) Except as provided in paragraph (g), a child may
24 not be held in secure, nonsecure, or home detention care for
25 more than 15 days following the entry of an order of
26 adjudication.
27 (e) A child who was not in secure detention at the
28 time of the adjudicatory hearing, but for whom residential
29 commitment is anticipated or recommended, may be placed under
30 a special detention order for a period not to exceed 72 hours,
31 excluding weekends and legal holidays, for the purpose of
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1 conducting a comprehensive evaluation as provided in s.
2 985.229(1). Motions for the issuance of such special detention
3 order may be made subsequent to a finding of delinquency. Upon
4 said motion, the court shall conduct a hearing to determine
5 the appropriateness of such special detention order and shall
6 order the least restrictive level of detention necessary to
7 complete the comprehensive evaluation process that is
8 consistent with public safety. Such special detention order
9 may be extended for an additional 72 hours upon further order
10 of the court.
11 (f) The time limits in paragraphs (c) and (d) do not
12 include periods of delay resulting from a continuance granted
13 by the court for cause on motion of the child or his or her
14 counsel or of the state. Upon the issuance of an order
15 granting a continuance for cause on a motion by either the
16 child, the child's counsel, or the state, the court shall
17 conduct a hearing at the end of each 72-hour period, excluding
18 Saturdays, Sundays, and legal holidays, to determine the need
19 for continued detention of the child and the need for further
20 continuance of proceedings for the child or the state. At the
21 discretion of the court, the child may appear by video
22 teleconference at any court hearing required by this
23 paragraph.
24 (g) Upon good cause being shown that the nature of the
25 charge requires additional time for the prosecution or defense
26 of the case, the court may extend the time limits for
27 detention specified in paragraph (c) an additional 9 days if
28 the child is charged with an offense that would be, if
29 committed by an adult, a capital felony, a life felony, a
30 felony of the first degree, or a felony of the second degree
31 involving violence against any individual.
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1 (6)(a) When any child is placed into secure,
2 nonsecure, or home detention care or into other placement
3 pursuant to a court order following a detention hearing, the
4 court shall order the parents or guardians of such child to
5 pay to the Department of Juvenile Justice fees in the amount
6 of $5 per day that the child is under the care or supervision
7 of the department in order to partially offset the cost of the
8 care, support, maintenance, and other usual and ordinary
9 obligations of parents to provide for the needs of their
10 children, unless the court makes a finding on the record that
11 the parent or guardian of the child is indigent.
12 (b) At the time of the detention hearing, the
13 department shall report to the court, verbally or in writing,
14 any available information concerning the ability of the parent
15 or guardian of the child to pay such fee. If the court makes a
16 finding of indigency, the parent or guardian shall pay to the
17 department a nominal subsistence fee of $2 per day that the
18 child is securely detained outside the home or $1 per day if
19 the child is otherwise detained in lieu of other fees related
20 to the parent's obligation for the child's cost of care. The
21 nominal subsistence fee may only be waived or reduced if the
22 court makes a finding that such payment would constitute a
23 significant financial hardship. Such finding shall be in
24 writing and shall contain a detailed description of the facts
25 that led the court to make both the finding of indigency and
26 the finding of significant financial hardship.
27 (c) In addition, the court may reduce the fees or
28 waive the fees as to each parent or guardian if the court
29 makes a finding on the record that the parent or guardian was
30 the victim of the delinquent act or violation of law for which
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1 the child is detained and that the parent or guardian is
2 cooperating in the investigation of the offense.
3 (d) The court must include specific findings in the
4 detention order as to what fees are ordered, reduced, or
5 waived. If the court fails to enter an order as required by
6 this subsection, it shall be presumed that the court intended
7 the parent or guardian to pay to the department the fee of $5
8 per day that the child remains in detention care.
9 (e) With respect to a child who has been found to have
10 committed a delinquent act or violation of law, whether or not
11 adjudication is withheld, and whose parent or guardian
12 receives public assistance for any portion of that child's
13 care, the department must seek a federal waiver to garnish or
14 otherwise order the payments of the portion of the public
15 assistance relating to that child to offset the costs of
16 providing care, custody, maintenance, rehabilitation,
17 intervention, or corrective services to the child. When the
18 order affects the guardianship estate, a certified copy of the
19 order shall be delivered to the judge having jurisdiction of
20 the guardianship estate.
21 (f) The clerk of the circuit court shall act as a
22 depository for these fees. Upon each payment received, the
23 clerk of the circuit court shall receive a fee from the total
24 payment of 3 percent of any payment made except that no fee
25 shall be less than $1 nor more than $5 per payment made. This
26 fee shall serve as a service charge for the administration,
27 management, and maintenance of each payment. At the end of
28 each month, the clerk of the circuit court shall send all
29 money collected under this section to the state Grants and
30 Donations Trust Fund.
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1 (g) The parent or guardian shall provide to the
2 department the parent's or guardian's name, address, social
3 security number, date of birth, and driver's license number or
4 identification card number and sufficient financial
5 information for the department to be able to determine the
6 parent's or guardian's ability to pay. If the parent or
7 guardian refuses to provide the department with any
8 identifying information or financial information, the court
9 shall order the parent to comply and may pursue contempt of
10 court sanctions for failure to comply.
11 (h) The department may employ a collection agency for
12 the purpose of receiving, collecting, and managing the payment
13 of unpaid and delinquent fees. The collection agency must be
14 registered and in good standing under chapter 559. The
15 department may pay to the collection agency a fee from the
16 amount collected under the claim or may authorize the agency
17 to deduct the fee from the amount collected. The department
18 may also pay for collection services from available authorized
19 funds.
20 (i) The department may enter into agreements with
21 parents or guardians to establish a schedule of periodic
22 payments if payment of the obligation in full presents an
23 undue hardship. Any such agreement may provide for payment of
24 interest consistent with prevailing loan rates.
25 (j) The Department of Juvenile Justice shall provide
26 to the payor documentation of any amounts paid by the payor to
27 the Department of Juvenile Justice on behalf of the child. All
28 payments received by the department pursuant to this
29 subsection shall be deposited in the state Grants and
30 Donations Trust Fund. Neither the court nor the department may
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1 extend the child's length of stay in detention care solely for
2 the purpose of collecting fees.
3 (7) If a child is detained and a petition for
4 delinquency is filed, the child shall be arraigned in
5 accordance with the Florida Rules of Juvenile Procedure within
6 48 hours after the filing of the petition for delinquency.
7 (8) If a child is detained pursuant to this section,
8 the Department of Juvenile Justice may transfer the child from
9 nonsecure or home detention care to secure detention care only
10 if significantly changed circumstances warrant such transfer.
11 (9) If a child is on release status and not detained
12 pursuant to this section, the child may be placed into secure,
13 nonsecure, or home detention care only pursuant to a court
14 hearing in which the original risk assessment instrument,
15 rescored based on newly discovered evidence or changed
16 circumstances with the results recommending detention, is
17 introduced into evidence.
18 (10)(a)1. When a child is committed to the Department
19 of Juvenile Justice awaiting dispositional placement, removal
20 of the child from detention care shall occur within 5 days,
21 excluding Saturdays, Sundays, and legal holidays. Any child
22 held in secure detention during the 5 days must meet detention
23 admission criteria pursuant to this section. If the child is
24 committed to a moderate-risk residential program, the
25 department may seek an order from the court authorizing
26 continued detention for a specific period of time necessary
27 for the appropriate residential placement of the child.
28 However, such continued detention in secure detention care may
29 not exceed 15 days after commitment, excluding Saturdays,
30 Sundays, and legal holidays, and except as otherwise provided
31 in this subsection.
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1 2. The court must place all children who are
2 adjudicated and awaiting placement in a residential commitment
3 program in detention care. Children who are in home detention
4 care or nonsecure detention care may be placed on electronic
5 monitoring.
6 (b) A child who is placed in home detention care,
7 nonsecure detention care, or home or nonsecure detention care
8 with electronic monitoring, while awaiting placement in a
9 low-risk or moderate-risk program, may be held in secure
10 detention care for 5 days, if the child violates the
11 conditions of the home detention care, the nonsecure detention
12 care, or the electronic monitoring agreement. For any
13 subsequent violation, the court may impose an additional 5
14 days in secure detention care.
15 (c) If the child is committed to a high-risk
16 residential program, the child must be held in detention care
17 until placement or commitment is accomplished.
18 (d) If the child is committed to a maximum-risk
19 residential program, the child must be held in detention care
20 until placement or commitment is accomplished.
21 (e) Upon specific appropriation, the department may
22 obtain comprehensive evaluations, including, but not limited
23 to, medical, academic, psychological, behavioral,
24 sociological, and vocational needs of a youth with multiple
25 arrests for all level criminal acts or a youth committed to a
26 minimum-risk or low-risk commitment program.
27 (f) Regardless of detention status, a child being
28 transported by the department to a commitment facility of the
29 department may be placed in secure detention overnight, not to
30 exceed a 24-hour period, for the specific purpose of ensuring
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1 the safe delivery of the child to his or her commitment
2 program, court, appointment, transfer, or release.
3 (11)(a) When a juvenile sexual offender is placed in
4 detention, detention staff shall provide appropriate
5 monitoring and supervision to ensure the safety of other
6 children in the facility.
7 (b) When a juvenile sexual offender, pursuant to this
8 subsection, is released from detention or transferred to home
9 detention or nonsecure detention, detention staff shall
10 immediately notify the appropriate law enforcement agency and
11 school personnel.
12 (12) The child may appear by video teleconference at
13 any court hearing required by this section.
14 Section 8. Section 985.231, Florida Statutes, is
15 amended, to read:
16 985.231 Powers of disposition in delinquency cases.--
17 (1)(a) The court that has jurisdiction of an
18 adjudicated delinquent child may, by an order stating the
19 facts upon which a determination of a sanction and
20 rehabilitative program was made at the disposition hearing:
21 1. Place the child in a probation program or a
22 postcommitment probation program under the supervision of an
23 authorized agent of the Department of Juvenile Justice or of
24 any other person or agency specifically authorized and
25 appointed by the court, whether in the child's own home, in
26 the home of a relative of the child, or in some other suitable
27 place under such reasonable conditions as the court may
28 direct. A probation program for an adjudicated delinquent
29 child must include a penalty component such as restitution in
30 money or in kind, community service, a curfew, revocation or
31 suspension of the driver's license of the child, or other
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1 nonresidential punishment appropriate to the offense and must
2 also include a rehabilitative program component such as a
3 requirement of participation in substance abuse treatment or
4 in school or other educational program. If the child is
5 attending or is eligible to attend public school and the court
6 finds that the victim or a sibling of the victim in the case
7 is attending or may attend the same school as the child, the
8 court placement order shall include a finding pursuant to the
9 proceedings described in s. 985.23(1)(d). Upon the
10 recommendation of the department at the time of disposition,
11 or subsequent to disposition pursuant to the filing of a
12 petition alleging a violation of the child's conditions of
13 postcommitment probation, the court may order the child to
14 submit to random testing for the purpose of detecting and
15 monitoring the use of alcohol or controlled substances.
16 a. A restrictiveness level classification scale for
17 levels of supervision shall be provided by the department,
18 taking into account the child's needs and risks relative to
19 probation supervision requirements to reasonably ensure the
20 public safety. Probation programs for children shall be
21 supervised by the department or by any other person or agency
22 specifically authorized by the court. These programs must
23 include, but are not limited to, structured or restricted
24 activities as described in this subparagraph, and shall be
25 designed to encourage the child toward acceptable and
26 functional social behavior. If supervision or a program of
27 community service is ordered by the court, the duration of
28 such supervision or program must be consistent with any
29 treatment and rehabilitation needs identified for the child
30 and may not exceed the term for which sentence could be
31 imposed if the child were committed for the offense, except
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1 that the duration of such supervision or program for an
2 offense that is a misdemeanor of the second degree, or is
3 equivalent to a misdemeanor of the second degree, may be for a
4 period not to exceed 6 months. When restitution is ordered by
5 the court, the amount of restitution may not exceed an amount
6 the child and the parent or guardian could reasonably be
7 expected to pay or make. A child who participates in any work
8 program under this part is considered an employee of the state
9 for purposes of liability, unless otherwise provided by law.
10 b. The court may conduct judicial review hearings for
11 a child placed on probation for the purpose of fostering
12 accountability to the judge and compliance with other
13 requirements, such as restitution and community service. The
14 court may allow early termination of probation for a child who
15 has substantially complied with the terms and conditions of
16 probation.
17 c. If the conditions of the probation program or the
18 postcommitment probation program are violated, the department
19 or the state attorney may bring the child before the court on
20 an affidavit a petition alleging a violation of the program.
21 The state attorney shall represent the state in any hearing on
22 the violation. Any child who violates the conditions of
23 probation or postcommitment probation must be brought before
24 the court if sanctions are sought. A child taken into custody
25 under s. 985.207 for violating the conditions of probation or
26 postcommitment probation shall be held in a consequence unit
27 if such a unit is available. The child shall be afforded a
28 hearing within 24 hours after being taken into custody to
29 determine the existence of probable cause that the child
30 violated the conditions of probation or postcommitment
31 probation. A consequence unit is a secure facility
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1 specifically designated by the department for children who are
2 taken into custody under s. 985.207 for violating probation or
3 postcommitment probation, or who have been found by the court
4 to have violated the conditions of probation or postcommitment
5 probation. If the violation involves a new charge of
6 delinquency, the child may be detained under s. 985.215 in a
7 facility other than a consequence unit. If the child is not
8 eligible for detention for the new charge of delinquency, the
9 child may be held in the consequence unit pending a hearing
10 and is subject to the time limitations specified in s.
11 985.215. If the child denies violating the conditions of
12 probation or postcommitment probation, the court shall appoint
13 counsel to represent the child at the child's request. Upon
14 the child's admission, or if the court finds after a hearing
15 that the child has violated the conditions of probation or
16 postcommitment probation, the court shall enter an order
17 revoking, modifying, or continuing probation or postcommitment
18 probation. In each such case, the court shall enter a new
19 disposition order and, in addition to the sanctions set forth
20 in this paragraph, may impose any sanction the court could
21 have imposed at the original disposition hearing. If the child
22 is found to have violated the conditions of probation or
23 postcommitment probation, the court may:
24 (I) Place the child in a consequence unit in that
25 judicial circuit, if available, for up to 5 days for a first
26 violation, and up to 15 days for a second or subsequent
27 violation.
28 (II) Place the child on home detention with electronic
29 monitoring. However, this sanction may be used only if a
30 residential consequence unit is not available.
31
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1 (III) Modify or continue the child's probation program
2 or postcommitment probation program.
3 (IV) Revoke probation or postcommitment probation and
4 commit the child to the department.
5 d. Notwithstanding s. 743.07 and paragraph (d), and
6 except as provided in s. 985.31, the term of any order placing
7 a child in a probation program must be until the child's 19th
8 birthday unless he or she is released by the court, on the
9 motion of an interested party or on its own motion.
10 2. Commit the child to a licensed child-caring agency
11 willing to receive the child, but the court may not commit the
12 child to a jail or to a facility used primarily as a detention
13 center or facility or shelter.
14 3. Commit the child to the Department of Juvenile
15 Justice at a residential commitment level defined in s.
16 985.03. Such commitment must be for the purpose of exercising
17 active control over the child, including, but not limited to,
18 custody, care, training, urine monitoring, and treatment of
19 the child and release of the child into the community in a
20 postcommitment nonresidential conditional release program. If
21 the child is eligible to attend public school following
22 residential commitment and the court finds that the victim or
23 a sibling of the victim in the case is or may be attending the
24 same school as the child, the commitment order shall include a
25 finding pursuant to the proceedings described in s.
26 985.23(1)(d). If the child is not successful in the
27 conditional release program, the department may use the
28 transfer procedure under s. 985.404. Notwithstanding s. 743.07
29 and paragraph (d), and except as provided in s. 985.31, the
30 term of the commitment must be until the child is discharged
31
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1 by the department or until he or she reaches the age of 19,
2 except as provided in s. 985.201 21.
3 4. Revoke or suspend the driver's license of the
4 child.
5 5. Require the child and, if the court finds it
6 appropriate, the child's parent or guardian together with the
7 child, to render community service in a public service
8 program.
9 6. As part of the probation program to be implemented
10 by the Department of Juvenile Justice, or, in the case of a
11 committed child, as part of the community-based sanctions
12 ordered by the court at the disposition hearing or before the
13 child's release from commitment, order the child to make
14 restitution in money, through a promissory note cosigned by
15 the child's parent or guardian, or in kind for any damage or
16 loss caused by the child's offense in a reasonable amount or
17 manner to be determined by the court. The clerk of the circuit
18 court shall be the receiving and dispensing agent. In such
19 case, the court shall order the child or the child's parent or
20 guardian to pay to the office of the clerk of the circuit
21 court an amount not to exceed the actual cost incurred by the
22 clerk as a result of receiving and dispensing restitution
23 payments. The clerk shall notify the court if restitution is
24 not made, and the court shall take any further action that is
25 necessary against the child or the child's parent or guardian.
26 A finding by the court, after a hearing, that the parent or
27 guardian has made diligent and good faith efforts to prevent
28 the child from engaging in delinquent acts absolves the parent
29 or guardian of liability for restitution under this
30 subparagraph.
31
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1 7. Order the child and, if the court finds it
2 appropriate, the child's parent or guardian together with the
3 child, to participate in a community work project, either as
4 an alternative to monetary restitution or as part of the
5 rehabilitative or probation program.
6 8. Commit the child to the Department of Juvenile
7 Justice for placement in a program or facility for serious or
8 habitual juvenile offenders in accordance with s. 985.31. Any
9 commitment of a child to a program or facility for serious or
10 habitual juvenile offenders must be for an indeterminate
11 period of time, but the time may not exceed the maximum term
12 of imprisonment that an adult may serve for the same offense.
13 The court may retain jurisdiction over such child until the
14 child reaches the age of 21, specifically for the purpose of
15 the child completing the program.
16 9. In addition to the sanctions imposed on the child,
17 order the parent or guardian of the child to perform community
18 service if the court finds that the parent or guardian did not
19 make a diligent and good faith effort to prevent the child
20 from engaging in delinquent acts. The court may also order the
21 parent or guardian to make restitution in money or in kind for
22 any damage or loss caused by the child's offense. The court
23 shall determine a reasonable amount or manner of restitution,
24 and payment shall be made to the clerk of the circuit court as
25 provided in subparagraph 6.
26 10. Subject to specific appropriation, commit the
27 juvenile sexual offender to the Department of Juvenile Justice
28 for placement in a program or facility for juvenile sexual
29 offenders in accordance with s. 985.308. Any commitment of a
30 juvenile sexual offender to a program or facility for juvenile
31 sexual offenders must be for an indeterminate period of time,
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1 but the time may not exceed the maximum term of imprisonment
2 that an adult may serve for the same offense. The court may
3 retain jurisdiction over a juvenile sexual offender until the
4 juvenile sexual offender reaches the age of 21, specifically
5 for the purpose of completing the program.
6 (b)1. When any child is adjudicated by the court to
7 have committed a delinquent act and temporary legal custody of
8 the child has been placed with a licensed child-caring agency
9 or the Department of Juvenile Justice, the court shall order
10 the parents of such child to pay fees to the department in the
11 amount of $5 per day that the child is under the care or
12 supervision of the department in order to partially offset the
13 cost of the care, support, maintenance, and other usual and
14 ordinary obligations of parents to provide for the needs of
15 their children while in the recommended residential commitment
16 level, unless the court makes a finding on the record that the
17 parent or guardian of the child is indigent.
18 2. No later than the disposition hearing, the
19 department shall provide the court with information concerning
20 the actual cost of care, support, and maintenance of the child
21 in the recommended residential commitment level and concerning
22 the ability of the parent or guardian of the child to pay any
23 fees. If the court makes a finding of indigency, the parent or
24 guardianship shall pay to the department a nominal subsistence
25 fee of $2 per day that the child is committed outside the home
26 or $1 per day if the child is otherwise supervised in lieu of
27 other fees related to the parents' obligation for the child's
28 cost of care. The nominal subsistence fee may only be waived
29 or reduced if the court makes a finding that such payment
30 would constitute a significant financial hardship. Such
31 finding shall be in writing and shall contain a detailed
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1 description of the facts that led the court to make both the
2 finding of indigency and the finding of significant financial
3 hardship.
4 3. In addition, the court may reduce the fees or waive
5 the fees as to each parent or guardian if the court makes a
6 finding on the record that the parent or guardian was the
7 victim of the delinquent act or violation of law for which the
8 child is subject to placement under this section and that the
9 parent or guardian has cooperated in the investigation and
10 prosecution of the offense.
11 4. All orders committing a child to a residential
12 commitment program shall include specific findings as to what
13 fees are ordered, reduced, or waived. If the court fails to
14 enter an order as required by this paragraph, it shall be
15 presumed that the court intended the parent or guardian to pay
16 fees to the department in an amount of $5 per day related to
17 the care, support, and maintenance of the child. With regard
18 to a child who reaches the age of 18 prior to the disposition
19 hearing, the court may elect to direct an order required by
20 this paragraph to such child, rather than the parent or
21 guardian. With regard to a child who reaches the age of 18
22 while in the custody of the department, the court may, upon
23 proper motion of any party, hold a hearing as to whether any
24 party should be further obligated respecting the payment of
25 fees. When the order affects the guardianship estate, a
26 certified copy of the order shall be delivered to the judge
27 having jurisdiction of the guardianship estate.
28 5. The clerk of the circuit court shall act as a
29 depository for these fees. Upon each payment received, the
30 clerk of the circuit court shall receive a fee from the total
31 payment of 3 percent of any payment made except that no fee
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1 shall be less than $1 nor more than $5 per payment made. This
2 fee shall serve as a service charge for the administration,
3 management, and maintenance of each payment. At the end of
4 each month, the clerk of the circuit court shall send all
5 money collected under this section to the state Grants and
6 Donations Trust Fund.
7 6. The parent or guardian shall provide to the
8 department the parent or guardian's name, address, social
9 security number, state of birth, and driver's license number
10 or identification card number and sufficient financial
11 information for the department to be able to determine the
12 parent or guardian's ability to pay. If the parent or guardian
13 refuses to provide the department with any identifying
14 information or financial information, the court shall order
15 the parent to comply and may pursue contempt of court
16 sanctions for failure to comply.
17 7. The department may employ a collection agency for
18 the purpose of receiving, collecting, and managing the payment
19 of unpaid and delinquent fees. The collection agency must be
20 registered and in good standing under chapter 559. The
21 department may pay to the collection agency a fee from the
22 amount collected under the claim or may authorize the agency
23 to deduct the fee from the amount collected. The department
24 may also pay for collection services from available authorized
25 funds.
26 8. The department may enter into agreements with
27 parents or guardians to establish a schedule of periodic
28 payments if payment of the obligation in full presents an
29 undue hardship. Any such agreement may provide for payment of
30 interests consistent with prevailing loan rates.
31
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1 9. The Department of Juvenile Justice shall provide to
2 the payor documentation of any amounts paid by the payor to
3 the Department of Juvenile Justice on behalf of the child. All
4 payments received by the department pursuant to this
5 subsection shall be deposited in the state Grants and
6 Donations Trust Fund.
7 10. Neither the court nor the department may extend
8 the child's length of stay in placement care solely for the
9 purpose of collecting fees.
10 (c) Any order made pursuant to paragraph (a) shall be
11 in writing as prepared by the clerk of court and may
12 thereafter be modified or set aside by the court.
13 (d) Any commitment of a delinquent child to the
14 Department of Juvenile Justice must be for an indeterminate
15 period of time, which may include periods of temporary
16 release, but the time may not exceed the maximum term of
17 imprisonment that an adult may serve for the same offense. The
18 duration of the child's placement in a residential commitment
19 program of any level shall be based on objective
20 performance-based treatment planning. The child's treatment
21 plan progress and adjustment-related issues shall be reported
22 to the court quarterly, unless the court requests more
23 frequent reports each month. The child's length of stay in a
24 residential commitment program may be extended if the child
25 fails to comply with or participate in treatment activities.
26 The child's length of stay in such program shall not be
27 extended for purposes of sanction or punishment. Any temporary
28 release from such program must be approved by the court. Any
29 child so committed may be discharged from institutional
30 confinement or a program upon the direction of the department
31 with the concurrence of the court. The child's treatment plan
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1 progress and adjustment-related issues must be communicated to
2 the court at the time the department requests the court to
3 consider releasing the child from the residential commitment
4 program. Notwithstanding s. 743.07 and this subsection, and
5 except as provided in ss. 985.201 and 985.31, a child may not
6 be held under a commitment from a court pursuant to this
7 section after becoming 21 years of age. The department shall
8 give the court that committed the child to the department
9 reasonable notice, in writing, of its desire to discharge the
10 child from a commitment facility. The court that committed the
11 child may thereafter accept or reject the request. If the
12 court does not respond within 10 days after receipt of the
13 notice, the request of the department shall be deemed granted.
14 This section does not limit the department's authority to
15 revoke a child's temporary release status and return the child
16 to a commitment facility for any violation of the terms and
17 conditions of the temporary release.
18 (e) In carrying out the provisions of this part, the
19 court may order the natural parents or legal custodian or
20 guardian of a child who is found to have committed a
21 delinquent act to participate in family counseling and other
22 professional counseling activities deemed necessary for the
23 rehabilitation of the child or to enhance their ability to
24 provide the child with adequate support, guidance, and
25 supervision. The court may also order that the parent,
26 custodian, or guardian support the child and participate with
27 the child in fulfilling a court-imposed sanction. In addition,
28 the court may use its contempt powers to enforce a
29 court-imposed sanction.
30 (f) The court may at any time enter an order ending
31 its jurisdiction over any child.
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1 (g) Whenever a child is required by the court to
2 participate in any work program under this part or whenever a
3 child volunteers to work in a specified state, county,
4 municipal, or community service organization supervised work
5 program or to work for the victim, either as an alternative to
6 monetary restitution or as a part of the rehabilitative or
7 probation program, the child is an employee of the state for
8 the purposes of liability. In determining the child's average
9 weekly wage unless otherwise determined by a specific funding
10 program, all remuneration received from the employer is a
11 gratuity, and the child is not entitled to any benefits
12 otherwise payable under s. 440.15, regardless of whether the
13 child may be receiving wages and remuneration from other
14 employment with another employer and regardless of the child's
15 future wage-earning capacity.
16 (h) The court may, upon motion of the child or upon
17 its own motion, within 60 days after imposition of a
18 disposition of commitment, suspend the further execution of
19 the disposition and place the child in a probation program
20 upon such terms and conditions as the court may require. The
21 department shall forward to the court all relevant material on
22 the child's progress while in custody not later than 3 working
23 days prior to the hearing on the motion to suspend the
24 disposition.
25 (i) The nonconsent of the child to commitment or
26 treatment in a substance abuse treatment program in no way
27 precludes the court from ordering such commitment or
28 treatment.
29 (j) If the offense committed by the child was grand
30 theft of a motor vehicle, the court:
31
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1 1. Upon a first adjudication for a grand theft of a
2 motor vehicle, may place the youth in a boot camp, unless the
3 child is ineligible pursuant to s. 985.309, and shall order
4 the youth to complete a minimum of 50 hours of community
5 service.
6 2. Upon a second adjudication for grand theft of a
7 motor vehicle which is separate and unrelated to the previous
8 adjudication, may place the youth in a boot camp, unless the
9 child is ineligible pursuant to s. 985.309, and shall order
10 the youth to complete a minimum of 100 hours of community
11 service.
12 3. Upon a third adjudication for grand theft of a
13 motor vehicle which is separate and unrelated to the previous
14 adjudications, shall place the youth in a boot camp or other
15 treatment program, unless the child is ineligible pursuant to
16 s. 985.309, and shall order the youth to complete a minimum of
17 250 hours of community service.
18 (2) Following a delinquency adjudicatory hearing
19 pursuant to s. 985.228 and a delinquency disposition hearing
20 pursuant to s. 985.23 which results in a commitment
21 determination, the court shall, on its own or upon request by
22 the state or the department, determine whether the protection
23 of the public requires that the child be placed in a program
24 for serious or habitual juvenile offenders and whether the
25 particular needs of the child would be best served by a
26 program for serious or habitual juvenile offenders as provided
27 in s. 985.31. The determination shall be made pursuant to ss.
28 985.03(48) and 985.23(3).
29 (3) Following a delinquency adjudicatory hearing
30 pursuant to s. 985.228, the court may on its own or upon
31 request by the state or the department and subject to specific
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1 appropriation, determine whether a juvenile sexual offender
2 placement is required for the protection of the public and
3 what would be the best approach to address the treatment needs
4 of the juvenile sexual offender. When the court determines
5 that a juvenile has no history of a recent comprehensive
6 assessment focused on sexually deviant behavior, the court
7 may, subject to specific appropriation, order the department
8 to conduct or arrange for an examination to determine whether
9 the juvenile sexual offender is amenable to community-based
10 treatment.
11 (a) The report of the examination shall include, at a
12 minimum, the following:
13 1. The juvenile sexual offender's account of the
14 incident and the official report of the investigation.
15 2. The juvenile sexual offender's offense history.
16 3. A multidisciplinary assessment of the sexually
17 deviant behaviors, including an assessment by a certified
18 psychologist, therapist, or psychiatrist.
19 4. An assessment of the juvenile sexual offender's
20 family, social, educational, and employment situation. The
21 report shall set forth the sources of the evaluator's
22 information.
23 (b) The report shall assess the juvenile sexual
24 offender's amenability to treatment and relative risk to the
25 victim and the community.
26 (c) The department shall provide a proposed plan to
27 the court that shall include, at a minimum:
28 1. The frequency and type of contact between the
29 offender and therapist.
30 2. The specific issues and behaviors to be addressed
31 in the treatment and description of planned treatment methods.
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1 3. Monitoring plans, including any requirements
2 regarding living conditions, school attendance and
3 participation, lifestyle, and monitoring by family members,
4 legal guardians, or others.
5 4. Anticipated length of treatment.
6 5. Recommended crime-related prohibitions and curfew.
7 6. Reasonable restrictions on the contact between the
8 juvenile sexual offender and either the victim or alleged
9 victim.
10 (d) After receipt of the report on the proposed plan
11 of treatment, the court shall consider whether the community
12 and the offender will benefit from use of juvenile sexual
13 offender community-based treatment alternative disposition and
14 consider the opinion of the victim or the victim's family as
15 to whether the offender should receive a community-based
16 treatment alternative disposition under this subsection.
17 (e) If the court determines that this juvenile sexual
18 offender community-based treatment alternative is appropriate,
19 the court may place the offender on community supervision for
20 up to 3 years. As a condition of community treatment and
21 supervision, the court may order the offender to:
22 1. Undergo available outpatient juvenile sexual
23 offender treatment for up to 3 years. A program or provider
24 may not be used for such treatment unless it has an
25 appropriate program designed for sexual offender treatment.
26 The department shall not change the treatment provider without
27 first notifying the state attorney's office.
28 2. Remain within described geographical boundaries and
29 notify the court or the department counselor prior to any
30 change in the offender's address, educational program, or
31 employment.
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1 3. Comply with all requirements of the treatment plan.
2 (f) The juvenile sexual offender treatment provider
3 shall submit quarterly reports on the respondent's progress in
4 treatment to the court and the parties to the proceedings. The
5 juvenile sexual offender reports shall reference the treatment
6 plan and include, at a minimum, the following:
7 1. Dates of attendance.
8 2. The juvenile sexual offender's compliance with the
9 requirements of treatment.
10 3. A description of the treatment activities.
11 4. The sexual offender's relative progress in
12 treatment.
13 5. The offender's family support of the treatment
14 objectives.
15 6. Any other material specified by the court at the
16 time of the disposition.
17 (g) At the disposition hearing, the court may set case
18 review hearings as the court considers appropriate.
19 (h) If the juvenile sexual offender violates any
20 condition of the disposition or the court finds that the
21 juvenile sexual offender is failing to make satisfactory
22 progress in treatment, the court may revoke the
23 community-based treatment alternative and order commitment to
24 the department pursuant to subsection (1).
25 (i) If the court determines that the juvenile sexual
26 offender is not amenable to community-based treatment, the
27 court shall proceed with a juvenile sexual offender
28 disposition hearing pursuant to subsection (1).
29 (4) At the discretion of the court, the child may
30 appear by video teleconference at any court hearing related to
31
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1 treatment progress in a commitment program, including
2 transfers under s. 985.404(4).
3 Section 9. This act shall take effect July 1, 2004.
4
5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 Senate Bill 1946
7
8 1. Authorizes juveniles, at the court's discretion, to
appear at detention hearings and commitment treatment
9 progress hearings by video teleconference, rather than in
person.
10
2. Amends s. 287.012(12), F.S., rather than s. 287.042,
11 F.S., to include as "eligible users," contracted provider
organizations acting as agents for the DJJ while they are
12 conducting business related solely to the provision of
services to juveniles under ch. 984, F.S., and ch. 985,
13 F.S. (authorizes these providers to enter into the state
contracting process for buying commodities.)
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