HB 0623

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to juvenile justice; amending s. 287.012,
8	F.S.; revising the definition of the term "eligible user";
9	allowing contract providers of juvenile justice services
10	to purchase off of state contracts; amending s. 790.22,
11	F.S.; eliminating a requirement that the department
12	provide nonidentifying information concerning certain
13	juvenile offenders to the Office of Economic Development
14	and Demographic Research; amending s. 984.06, F.S.;
15	revising provisions limiting public inspection of court
16	records pertaining to children and families in need of
17	services; authorizing a guardian ad litem to inspect such
18	records under certain circumstances; amending s. 985.201,
19	F.S.; clarifying circumstances in which the court may
20	retain jurisdiction beyond the 19th birthday of certain
21	juvenile offenders; amending ss. 985.213 and 985.215,
22	F.S.; authorizing the use of video teleconference to
23	facilitate the appearance of a child at detention
24	hearings; amending s. 985.231, F.S.; authorizing the
25	department or the state attorney to file an affidavit
26	alleging violation of a probation of postcommitment
27	probation program; requiring the state attorney to
28	represent the state in any hearing on such alleged
29	violation; providing for quarterly, rather than monthly,
30	treatment reports; authorizing the use of video
31	teleconference to facilitate the appearance of a child at
32	certain hearings; conforming provisions relating to
33	jurisdiction; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Subsection (12) of section 287.012, Florida
38	Statutes, is amended to read:
39	287.012  Definitions.--As used in this part, the term:
40	(12)  "Eligible user" means any contracted provider
41	organization acting as an agent for the Department of Juvenile
42	Justice while conducting business related solely to the
43	provision of services to juveniles under chapters 984 and 985 or
44	any person or entity authorized by the department pursuant to
45	rule to purchase from state term contracts or to use the on-line
46	procurement system.
47	Section 2.  Subsection (8) of section 790.22, Florida
48	Statutes, is amended to read:
49	790.22  Use of BB guns, air or gas-operated guns, or
50	electric weapons or devices by minor under 16; limitation;
51	possession of firearms by minor under 18 prohibited;
52	penalties.--
53	(8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
54	minor under 18 years of age is charged with an offense that
55	involves the use or possession of a firearm, as defined in s.
56	790.001, including a violation of subsection (3), or is charged
57	for any offense during the commission of which the minor
58	possessed a firearm, the minor shall be detained in secure
59	detention, unless the state attorney authorizes the release of
60	the minor, and shall be given a hearing within 24 hours after
61	being taken into custody. At the hearing, the court may order
62	that the minor continue to be held in secure detention in
63	accordance with the applicable time periods specified in s.
64	985.215(5), if the court finds that the minor meets the criteria
65	specified in s. 985.215(2), or if the court finds by clear and
66	convincing evidence that the minor is a clear and present danger
67	to himself or herself or the community. The Department of
68	Juvenile Justice shall prepare a form for all minors charged
69	under this subsection that states the period of detention and
70	the relevant demographic information, including, but not limited
71	to, the sex, age, and race of the minor; whether or not the
72	minor was represented by private counsel or a public defender;
73	the current offense; and the minor's complete prior record,
74	including any pending cases. The form shall be provided to the
75	judge to be considered when determining whether the minor should
76	be continued in secure detention under this subsection. An order
77	placing a minor in secure detention because the minor is a clear
78	and present danger to himself or herself or the community must
79	be in writing, must specify the need for detention and the
80	benefits derived by the minor or the community by placing the
81	minor in secure detention, and must include a copy of the form
82	provided by the department. The Department of Juvenile Justice
83	must send the form, including a copy of any order, without
84	client-identifying information, to the Office of Economic and
85	Demographic Research.
86	Section 3.  Subsection (3) of section 984.06, Florida
87	Statutes, is amended to read:
88	984.06  Oaths, records, and confidential information.--
89	(3)  The clerk shall keep all court records required by
90	this chapter separate from other records of the circuit court.
91	All court records required by this chapter are not open to
92	inspection by the public. All such records shall may be
93	inspected only upon order of the court by persons a person
94	deemed by the court to have a proper interest therein, except
95	that, subject to the provisions of s. 63.162, a child and the
96	parents or legal custodians of the child and their attorneys,
97	the guardian ad litem, if one has been appointed for the child,
98	law enforcement agencies, and the department and its designees
99	have the right to may inspect and copy any official record
100	pertaining to the child. The court may permit authorized
101	representatives of recognized organizations compiling statistics
102	for proper purposes to inspect and make abstracts from official
103	records, under whatever conditions upon their use and
104	disposition the court may deem deems proper, and may punish by
105	contempt proceedings any violation of those conditions.
106	Section 4.  Subsection (4) of section 985.201, Florida
107	Statutes, is amended to read:
108	985.201  Jurisdiction.--
109	(4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
110	985.231, and except as provided in ss. 985.31 and 985.313, when
111	the jurisdiction of any child who is alleged to have committed a
112	delinquent act or violation of law is obtained, the court shall
113	retain jurisdiction, unless relinquished by its order, until the
114	child reaches 19 years of age, with the same power over the
115	child that the court had prior to the child becoming an adult.
116	The court may continue to retain jurisdiction of the child
117	beyond the child's 19th birthday in accordance with the
118	following:
119	(b)1.  The court may retain jurisdiction over a child
120	committed to the department for placement in a juvenile prison
121	or in a high-risk or maximum-risk residential commitment program
122	to allow the child to participate in a juvenile conditional
123	release program pursuant to s. 985.316. In no case shall the
124	jurisdiction of the court be retained beyond the child's 22nd
125	birthday. However, if the child is not successful in the
126	conditional release program, the department may use the transfer
127	procedure under s. 985.404.
128	2.  The court may retain jurisdiction over a child
129	committed to the department for placement in an intensive
130	residential treatment program for offenders less than 13 years
131	of age 10-year-old to 13-year-old offenders, in the residential
132	commitment program in a juvenile prison, in a residential sex
133	offender program, or in a program for serious or habitual
134	juvenile offenders as provided in s. 985.311 or s. 985.31 until
135	the child reaches the age of 21. The court may retain such
136	jurisdiction solely for the purpose of allowing the child to
137	complete such program. If the court exercises this jurisdiction
138	retention, it shall do so solely for the purpose of the child
139	completing the intensive residential treatment program for 10-
140	year-old to 13-year-old offenders, in the residential commitment
141	program in a juvenile prison, in a residential sex offender
142	program, or the program for serious or habitual juvenile
143	offenders. Such jurisdiction retention does not apply for other
144	programs, other purposes, or new offenses.
145	(b)(c)  The court may retain jurisdiction over a child and
146	the child's parent or legal guardian whom the court has ordered
147	to pay restitution until the restitution order is satisfied or
148	until the court orders otherwise. If the court retains such
149	jurisdiction after the date upon which the court's jurisdiction
150	would cease under this section, it shall do so solely for the
151	purpose of enforcing the restitution order. The terms of the
152	restitution order are subject to the provisions of s.
153	775.089(5).
154	(c)(d)  This subsection does not prevent the exercise of
155	jurisdiction by any court having jurisdiction of the child if
156	the child, after becoming an adult, commits a violation of law.
157	Section 5.  Subsection (2) of section 985.213, Florida
158	Statutes, is amended to read:
159	985.213  Use of detention.--
160	(2)(a)  All determinations and court orders regarding
161	placement of a child into detention care shall comply with all
162	requirements and criteria provided in this part and shall be
163	based on a risk assessment of the child, unless the child is
164	placed into detention care as provided in subparagraph (b)3.
165	(b)1.  The risk assessment instrument for detention care
166	placement determinations and orders shall be developed by the
167	Department of Juvenile Justice in agreement with representatives
168	appointed by the following associations: the Conference of
169	Circuit Judges of Florida, the Prosecuting Attorneys
170	Association, the Public Defenders Association, the Florida
171	Sheriffs Association, and the Florida Association of Chiefs of
172	Police. Each association shall appoint two individuals, one
173	representing an urban area and one representing a rural area.
174	The parties involved shall evaluate and revise the risk
175	assessment instrument as is considered necessary using the
176	method for revision as agreed by the parties. The risk
177	assessment instrument shall take into consideration, but need
178	not be limited to, prior history of failure to appear, prior
179	offenses, offenses committed pending adjudication, any unlawful
180	possession of a firearm, theft of a motor vehicle or possession
181	of a stolen motor vehicle, and probation status at the time the
182	child is taken into custody. The risk assessment instrument
183	shall also take into consideration appropriate aggravating and
184	mitigating circumstances, and shall be designed to target a
185	narrower population of children than s. 985.215(2). The risk
186	assessment instrument shall also include any information
187	concerning the child's history of abuse and neglect. The risk
188	assessment shall indicate whether detention care is warranted,
189	and, if detention care is warranted, whether the child should be
190	placed into secure, nonsecure, or home detention care.
191	2.  If, at the detention hearing, the court finds a
192	material error in the scoring of the risk assessment instrument,
193	the court may amend the score to reflect factual accuracy.
194	3.  A child who is charged with committing an offense of
195	domestic violence as defined in s. 741.28 and who does not meet
196	detention criteria may be held in secure detention if the court
197	makes specific written findings that:
198	a.  Respite care for the child is not available; and
199	b.  It is necessary to place the child in secure detention
200	in order to protect the victim from injury.
201
202	The child may not be held in secure detention under this
203	subparagraph for more than 48 hours unless ordered by the court.
204	After 48 hours, the court shall hold a hearing if the state
205	attorney or victim requests that secure detention be continued.
206	The child may continue to be held in detention care if the court
207	makes a specific, written finding that detention care is
208	necessary to protect the victim from injury. However, the child
209	may not be held in detention care beyond the time limits set
210	forth in s. 985.215. At the discretion of the court, the child
211	may appear by video teleconference at any court hearing required
212	by this subparagraph.
213	4.  For a child who is under the supervision of the
214	department through probation, home detention, nonsecure
215	detention, conditional release, postcommitment probation, or
216	commitment and who is charged with committing a new offense, the
217	risk assessment instrument may be completed and scored based on
218	the underlying charge for which the child was placed under the
219	supervision of the department and the new offense.
220	Section 6.  Subsections (2) and (5) of section 985.215,
221	Florida Statutes, are amended to read:
222	985.215  Detention.--
223	(2)  Subject to the provisions of subsection (1), a child
224	taken into custody and placed into nonsecure or home detention
225	care or detained in secure detention care prior to a detention
226	hearing may continue to be detained by the court if:
227	(a)  The child is alleged to be an escapee or an absconder
228	from a commitment program, a probation program, or conditional
229	release supervision, or is alleged to have escaped while being
230	lawfully transported to or from such program or supervision.
231	(b)  The child is wanted in another jurisdiction for an
232	offense which, if committed by an adult, would be a felony.
233	(c)  The child is charged with a delinquent act or
234	violation of law and requests in writing through legal counsel
235	to be detained for protection from an imminent physical threat
236	to his or her personal safety.
237	(d)  The child is charged with committing an offense of
238	domestic violence as defined in s. 741.28 and is detained as
239	provided in s. 985.213(2)(b)3.
240	(e)  The child is charged with possession or discharging a
241	firearm on school property in violation of s. 790.115.
242	(f)  The child is charged with a capital felony, a life
243	felony, a felony of the first degree, a felony of the second
244	degree that does not involve a violation of chapter 893, or a
245	felony of the third degree that is also a crime of violence,
246	including any such offense involving the use or possession of a
247	firearm.
248	(g)  The child is charged with any second degree or third
249	degree felony involving a violation of chapter 893 or any third
250	degree felony that is not also a crime of violence, and the
251	child:
252	1.  Has a record of failure to appear at court hearings
253	after being properly notified in accordance with the Rules of
254	Juvenile Procedure;
255	2.  Has a record of law violations prior to court hearings;
256	3.  Has already been detained or has been released and is
257	awaiting final disposition of the case;
258	4.  Has a record of violent conduct resulting in physical
259	injury to others; or
260	5.  Is found to have been in possession of a firearm.
261	(h)  The child is alleged to have violated the conditions
262	of the child's probation or conditional release supervision.
263	However, a child detained under this paragraph may be held only
264	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
265	consequence unit is not available, the child shall be placed on
266	home detention with electronic monitoring.
267	(i)  The child is detained on a judicial order for failure
268	to appear and has previously willfully failed to appear, after
269	proper notice, for an adjudicatory hearing on the same case
270	regardless of the results of the risk assessment instrument. A
271	child may be held in secure detention for up to 72 hours in
272	advance of the next scheduled court hearing pursuant to this
273	paragraph. The child's failure to keep the clerk of court and
274	defense counsel informed of a current and valid mailing address
275	where the child will receive notice to appear at court
276	proceedings does not provide an adequate ground for excusal of
277	the child's nonappearance at the hearings.
278	(j)  The child is detained on a judicial order for failure
279	to appear and has previously willfully failed to appear, after
280	proper notice, at two or more court hearings of any nature on
281	the same case regardless of the results of the risk assessment
282	instrument. A child may be held in secure detention for up to 72
283	hours in advance of the next scheduled court hearing pursuant to
284	this paragraph. The child's failure to keep the clerk of court
285	and defense counsel informed of a current and valid mailing
286	address where the child will receive notice to appear at court
287	proceedings does not provide an adequate ground for excusal of
288	the child's nonappearance at the hearings.
289
290	A child who meets any of these criteria and who is ordered to be
291	detained pursuant to this subsection shall be given a hearing
292	within 24 hours after being taken into custody. The purpose of
293	the detention hearing is to determine the existence of probable
294	cause that the child has committed the delinquent act or
295	violation of law with which he or she is charged and the need
296	for continued detention. At the discretion of the court, the
297	child may appear by video teleconference at this 24-hour review
298	hearing. Unless a child is detained under paragraph (d) or
299	paragraph (e), the court shall utilize the results of the risk
300	assessment performed by the juvenile probation officer and,
301	based on the criteria in this subsection, shall determine the
302	need for continued detention. A child placed into secure,
303	nonsecure, or home detention care may continue to be so detained
304	by the court pursuant to this subsection. If the court orders a
305	placement more restrictive than indicated by the results of the
306	risk assessment instrument, the court shall state, in writing,
307	clear and convincing reasons for such placement. Except as
308	provided in s. 790.22(8) or in subparagraph (10)(a)2., paragraph
309	(10)(b), paragraph (10)(c), or paragraph (10)(d), when a child
310	is placed into secure or nonsecure detention care, or into a
311	respite home or other placement pursuant to a court order
312	following a hearing, the court order must include specific
313	instructions that direct the release of the child from such
314	placement no later than 5 p.m. on the last day of the detention
315	period specified in paragraph (5)(b) or paragraph (5)(c), or
316	subparagraph (10)(a)1., whichever is applicable, unless the
317	requirements of such applicable provision have been met or an
318	order of continuance has been granted pursuant to paragraph
319	(5)(f).
320	(5)(a)  A child may not be placed into or held in secure,
321	nonsecure, or home detention care for longer than 24 hours
322	unless the court orders such detention care, and the order
323	includes specific instructions that direct the release of the
324	child from such detention care, in accordance with subsection
325	(2). The order shall be a final order, reviewable by appeal
326	pursuant to s. 985.234 and the Florida Rules of Appellate
327	Procedure. Appeals of such orders shall take precedence over
328	other appeals and other pending matters.
329	(b)  The arresting law enforcement agency shall complete
330	and present its investigation of an offense under this
331	subsection to the appropriate state attorney's office within 8
332	days after placement of the child in secure detention. The
333	investigation shall include, but is not limited to, police
334	reports and supplemental police reports, witness statements, and
335	evidence collection documents. The failure of a law enforcement
336	agency to complete and present its investigation within 8 days
337	shall not entitle a juvenile to be released from secure
338	detention or to a dismissal of any charges.
339	(c)  Except as provided in paragraph (g), a child may not
340	be held in secure, nonsecure, or home detention care under a
341	special detention order for more than 21 days unless an
342	adjudicatory hearing for the case has been commenced in good
343	faith by the court.
344	(d)  Except as provided in paragraph (g), a child may not
345	be held in secure, nonsecure, or home detention care for more
346	than 15 days following the entry of an order of adjudication.
347	(e)  A child who was not in secure detention at the time of
348	the adjudicatory hearing, but for whom residential commitment is
349	anticipated or recommended, may be placed under a special
350	detention order for a period not to exceed 72 hours, excluding
351	weekends and legal holidays, for the purpose of conducting a
352	comprehensive evaluation as provided in s. 985.229(1). Motions
353	for the issuance of such special detention order may be made
354	subsequent to a finding of delinquency. Upon said motion, the
355	court shall conduct a hearing to determine the appropriateness
356	of such special detention order and shall order the least
357	restrictive level of detention necessary to complete the
358	comprehensive evaluation process that is consistent with public
359	safety. Such special detention order may be extended for an
360	additional 72 hours upon further order of the court.
361	(f)  The time limits in paragraphs (c) and (d) do not
362	include periods of delay resulting from a continuance granted by
363	the court for cause on motion of the child or his or her counsel
364	or of the state. Upon the issuance of an order granting a
365	continuance for cause on a motion by either the child, the
366	child's counsel, or the state, the court shall conduct a hearing
367	at the end of each 72-hour period, excluding Saturdays, Sundays,
368	and legal holidays, to determine the need for continued
369	detention of the child and the need for further continuance of
370	proceedings for the child or the state. At the discretion of the
371	court, the child may appear by video teleconference at any court
372	hearing required by this paragraph.
373	(g)  Upon good cause being shown that the nature of the
374	charge requires additional time for the prosecution or defense
375	of the case, the court may extend the time limits for detention
376	specified in paragraph (c) an additional 9 days if the child is
377	charged with an offense that would be, if committed by an adult,
378	a capital felony, a life felony, a felony of the first degree,
379	or a felony of the second degree involving violence against any
380	individual.
381	Section 7.  Section 985.231, Florida Statutes, as amended
382	by section 141 of chapter 2003-402, Laws of Florida, is amended
383	to read:
384	985.231  Powers of disposition in delinquency cases.--
385	(1)(a)  The court that has jurisdiction of an adjudicated
386	delinquent child may, by an order stating the facts upon which a
387	determination of a sanction and rehabilitative program was made
388	at the disposition hearing:
389	1.  Place the child in a probation program or a
390	postcommitment probation program under the supervision of an
391	authorized agent of the Department of Juvenile Justice or of any
392	other person or agency specifically authorized and appointed by
393	the court, whether in the child's own home, in the home of a
394	relative of the child, or in some other suitable place under
395	such reasonable conditions as the court may direct. A probation
396	program for an adjudicated delinquent child must include a
397	penalty component such as restitution in money or in kind,
398	community service, a curfew, revocation or suspension of the
399	driver's license of the child, or other nonresidential
400	punishment appropriate to the offense and must also include a
401	rehabilitative program component such as a requirement of
402	participation in substance abuse treatment or in school or other
403	educational program. If the child is attending or is eligible to
404	attend public school and the court finds that the victim or a
405	sibling of the victim in the case is attending or may attend the
406	same school as the child, the court placement order shall
407	include a finding pursuant to the proceedings described in s.
408	985.23(1)(d). Upon the recommendation of the department at the
409	time of disposition, or subsequent to disposition pursuant to
410	the filing of a petition alleging a violation of the child's
411	conditions of postcommitment probation, the court may order the
412	child to submit to random testing for the purpose of detecting
413	and monitoring the use of alcohol or controlled substances.
414	a.  A restrictiveness level classification scale for levels
415	of supervision shall be provided by the department, taking into
416	account the child's needs and risks relative to probation
417	supervision requirements to reasonably ensure the public safety.
418	Probation programs for children shall be supervised by the
419	department or by any other person or agency specifically
420	authorized by the court. These programs must include, but are
421	not limited to, structured or restricted activities as described
422	in this subparagraph, and shall be designed to encourage the
423	child toward acceptable and functional social behavior. If
424	supervision or a program of community service is ordered by the
425	court, the duration of such supervision or program must be
426	consistent with any treatment and rehabilitation needs
427	identified for the child and may not exceed the term for which
428	sentence could be imposed if the child were committed for the
429	offense, except that the duration of such supervision or program
430	for an offense that is a misdemeanor of the second degree, or is
431	equivalent to a misdemeanor of the second degree, may be for a
432	period not to exceed 6 months. When restitution is ordered by
433	the court, the amount of restitution may not exceed an amount
434	the child and the parent or guardian could reasonably be
435	expected to pay or make. A child who participates in any work
436	program under this part is considered an employee of the state
437	for purposes of liability, unless otherwise provided by law.
438	b.  The court may conduct judicial review hearings for a
439	child placed on probation for the purpose of fostering
440	accountability to the judge and compliance with other
441	requirements, such as restitution and community service. The
442	court may allow early termination of probation for a child who
443	has substantially complied with the terms and conditions of
444	probation.
445	c.  If the conditions of the probation program or the
446	postcommitment probation program are violated, the department or
447	the state attorney may bring the child before the court on an
448	affidavit a petition alleging a violation of the program. The
449	state attorney shall represent the state in any hearing on the
450	violation. Any child who violates the conditions of probation or
451	postcommitment probation must be brought before the court if
452	sanctions are sought. A child taken into custody under s.
453	985.207 for violating the conditions of probation or
454	postcommitment probation shall be held in a consequence unit if
455	such a unit is available. The child shall be afforded a hearing
456	within 24 hours after being taken into custody to determine the
457	existence of probable cause that the child violated the
458	conditions of probation or postcommitment probation. A
459	consequence unit is a secure facility specifically designated by
460	the department for children who are taken into custody under s.
461	985.207 for violating probation or postcommitment probation, or
462	who have been found by the court to have violated the conditions
463	of probation or postcommitment probation. If the violation
464	involves a new charge of delinquency, the child may be detained
465	under s. 985.215 in a facility other than a consequence unit. If
466	the child is not eligible for detention for the new charge of
467	delinquency, the child may be held in the consequence unit
468	pending a hearing and is subject to the time limitations
469	specified in s. 985.215. If the child denies violating the
470	conditions of probation or postcommitment probation, the court
471	shall appoint counsel to represent the child at the child's
472	request. Upon the child's admission, or if the court finds after
473	a hearing that the child has violated the conditions of
474	probation or postcommitment probation, the court shall enter an
475	order revoking, modifying, or continuing probation or
476	postcommitment probation. In each such case, the court shall
477	enter a new disposition order and, in addition to the sanctions
478	set forth in this paragraph, may impose any sanction the court
479	could have imposed at the original disposition hearing. If the
480	child is found to have violated the conditions of probation or
481	postcommitment probation, the court may:
482	(I)  Place the child in a consequence unit in that judicial
483	circuit, if available, for up to 5 days for a first violation,
484	and up to 15 days for a second or subsequent violation.
485	(II)  Place the child on home detention with electronic
486	monitoring. However, this sanction may be used only if a
487	residential consequence unit is not available.
488	(III)  Modify or continue the child's probation program or
489	postcommitment probation program.
490	(IV)  Revoke probation or postcommitment probation and
491	commit the child to the department.
492	d.  Notwithstanding s. 743.07 and paragraph (d), and except
493	as provided in s. 985.31, the term of any order placing a child
494	in a probation program must be until the child's 19th birthday
495	unless he or she is released by the court, on the motion of an
496	interested party or on its own motion.
497	2.  Commit the child to a licensed child-caring agency
498	willing to receive the child, but the court may not commit the
499	child to a jail or to a facility used primarily as a detention
500	center or facility or shelter.
501	3.  Commit the child to the Department of Juvenile Justice
502	at a residential commitment level defined in s. 985.03. Such
503	commitment must be for the purpose of exercising active control
504	over the child, including, but not limited to, custody, care,
505	training, urine monitoring, and treatment of the child and
506	release of the child into the community in a postcommitment
507	nonresidential conditional release program. If the child is
508	eligible to attend public school following residential
509	commitment and the court finds that the victim or a sibling of
510	the victim in the case is or may be attending the same school as
511	the child, the commitment order shall include a finding pursuant
512	to the proceedings described in s. 985.23(1)(d). If the child is
513	not successful in the conditional release program, the
514	department may use the transfer procedure under s. 985.404.
515	Notwithstanding s. 743.07 and paragraph (d), and except as
516	provided in s. 985.31, the term of the commitment must be until
517	the child is discharged by the department or until he or she
518	reaches the age of 19, except as provided in s. 985.201 21.
519	4.  Revoke or suspend the driver's license of the child.
520	5.  Require the child and, if the court finds it
521	appropriate, the child's parent or guardian together with the
522	child, to render community service in a public service program.
523	6.  As part of the probation program to be implemented by
524	the Department of Juvenile Justice, or, in the case of a
525	committed child, as part of the community-based sanctions
526	ordered by the court at the disposition hearing or before the
527	child's release from commitment, order the child to make
528	restitution in money, through a promissory note cosigned by the
529	child's parent or guardian, or in kind for any damage or loss
530	caused by the child's offense in a reasonable amount or manner
531	to be determined by the court. The clerk of the circuit court
532	shall be the receiving and dispensing agent. In such case, the
533	court shall order the child or the child's parent or guardian to
534	pay to the office of the clerk of the circuit court an amount
535	not to exceed the actual cost incurred by the clerk as a result
536	of receiving and dispensing restitution payments. The clerk
537	shall notify the court if restitution is not made, and the court
538	shall take any further action that is necessary against the
539	child or the child's parent or guardian. A finding by the court,
540	after a hearing, that the parent or guardian has made diligent
541	and good faith efforts to prevent the child from engaging in
542	delinquent acts absolves the parent or guardian of liability for
543	restitution under this subparagraph.
544	7.  Order the child and, if the court finds it appropriate,
545	the child's parent or guardian together with the child, to
546	participate in a community work project, either as an
547	alternative to monetary restitution or as part of the
548	rehabilitative or probation program.
549	8.  Commit the child to the Department of Juvenile Justice
550	for placement in a program or facility for serious or habitual
551	juvenile offenders in accordance with s. 985.31. Any commitment
552	of a child to a program or facility for serious or habitual
553	juvenile offenders must be for an indeterminate period of time,
554	but the time may not exceed the maximum term of imprisonment
555	that an adult may serve for the same offense. The court may
556	retain jurisdiction over such child until the child reaches the
557	age of 21, specifically for the purpose of the child completing
558	the program.
559	9.  In addition to the sanctions imposed on the child,
560	order the parent or guardian of the child to perform community
561	service if the court finds that the parent or guardian did not
562	make a diligent and good faith effort to prevent the child from
563	engaging in delinquent acts. The court may also order the parent
564	or guardian to make restitution in money or in kind for any
565	damage or loss caused by the child's offense. The court shall
566	determine a reasonable amount or manner of restitution, and
567	payment shall be made to the clerk of the circuit court as
568	provided in subparagraph 6.
569	10.  Subject to specific appropriation, commit the juvenile
570	sexual offender to the Department of Juvenile Justice for
571	placement in a program or facility for juvenile sexual offenders
572	in accordance with s. 985.308. Any commitment of a juvenile
573	sexual offender to a program or facility for juvenile sexual
574	offenders must be for an indeterminate period of time, but the
575	time may not exceed the maximum term of imprisonment that an
576	adult may serve for the same offense. The court may retain
577	jurisdiction over a juvenile sexual offender until the juvenile
578	sexual offender reaches the age of 21, specifically for the
579	purpose of completing the program.
580	(b)1.  When any child is adjudicated by the court to have
581	committed a delinquent act and temporary legal custody of the
582	child has been placed with a licensed child-caring agency or the
583	Department of Juvenile Justice, the court shall order the
584	parents of such child to pay fees to the department in the
585	amount of $5 per day that the child is under the care or
586	supervision of the department in order to partially offset the
587	cost of the care, support, maintenance, and other usual and
588	ordinary obligations of parents to provide for the needs of
589	their children while in the recommended residential commitment
590	level, unless the court makes a finding on the record that the
591	parent or guardian of the child is indigent.
592	2.  No later than the disposition hearing, the department
593	shall provide the court with information concerning the actual
594	cost of care, support, and maintenance of the child in the
595	recommended residential commitment level and concerning the
596	ability of the parent or guardian of the child to pay any fees.
597	If the court makes a finding of indigence, the parent or
598	guardianship shall pay to the department a nominal subsistence
599	fee of $2 per day that the child is committed outside the home
600	or $1 per day if the child is otherwise supervised in lieu of
601	other fees related to the parents' obligation for the child's
602	cost of care. The nominal subsistence fee may only be waived or
603	reduced if the court makes a finding that such payment would
604	constitute a significant financial hardship. Such finding shall
605	be in writing and shall contain a detailed description of the
606	facts that led the court to make both the finding of indigence
607	and the finding of significant financial hardship.
608	3.  In addition, the court may reduce the fees or waive the
609	fees as to each parent or guardian if the court makes a finding
610	on the record that the parent or guardian was the victim of the
611	delinquent act or violation of law for which the child is
612	subject to placement under this section and that the parent or
613	guardian has cooperated in the investigation and prosecution of
614	the offense.
615	4.  All orders committing a child to a residential
616	commitment program shall include specific findings as to what
617	fees are ordered, reduced, or waived. If the court fails to
618	enter an order as required by this paragraph, it shall be
619	presumed that the court intended the parent or guardian to pay
620	fees to the department in an amount of $5 per day related to the
621	care, support, and maintenance of the child. With regard to a
622	child who reaches the age of 18 prior to the disposition
623	hearing, the court may elect to direct an order required by this
624	paragraph to such child, rather than the parent or guardian.
625	With regard to a child who reaches the age of 18 while in the
626	custody of the department, the court may, upon proper motion of
627	any party, hold a hearing as to whether any party should be
628	further obligated respecting the payment of fees. When the order
629	affects the guardianship estate, a certified copy of the order
630	shall be delivered to the judge having jurisdiction of the
631	guardianship estate.
632	5.  The clerk of the circuit court shall act as a
633	depository for these fees. Upon each payment received, the clerk
634	of the circuit court shall receive a fee from the total payment
635	of 3 percent of any payment made except that no fee shall be
636	less than $1 nor more than $5 per payment made. This fee shall
637	serve as a service charge for the administration, management,
638	and maintenance of each payment. At the end of each month, the
639	clerk of the circuit court shall send all money collected under
640	this section to the state Grants and Donations Trust Fund.
641	6.  The parent or guardian shall provide to the department
642	the parent or guardian's name, address, social security number,
643	state of birth, and driver's license number or identification
644	card number and sufficient financial information for the
645	department to be able to determine the parent or guardian's
646	ability to pay. If the parent or guardian refuses to provide the
647	department with any identifying information or financial
648	information, the court shall order the parent to comply and may
649	pursue contempt of court sanctions for failure to comply.
650	7.  The department may employ a collection agency for the
651	purpose of receiving, collecting, and managing the payment of
652	unpaid and delinquent fees. The collection agency must be
653	registered and in good standing under chapter 559. The
654	department may pay to the collection agency a fee from the
655	amount collected under the claim or may authorize the agency to
656	deduct the fee from the amount collected. The department may
657	also pay for collection services from available authorized
658	funds.
659	8.  The department may enter into agreements with parents
660	or guardians to establish a schedule of periodic payments if
661	payment of the obligation in full presents an undue hardship.
662	Any such agreement may provide for payment of interests
663	consistent with prevailing loan rates.
664	9.  The Department of Juvenile Justice shall provide to the
665	payor documentation of any amounts paid by the payor to the
666	Department of Juvenile Justice on behalf of the child. All
667	payments received by the department pursuant to this subsection
668	shall be deposited in the state Grants and Donations Trust Fund.
669	10.  Neither the court nor the department may extend the
670	child's length of stay in placement care solely for the purpose
671	of collecting fees.
672	(c)  Any order made pursuant to paragraph (a) shall be in
673	writing as prepared by the clerk of court and may thereafter be
674	modified or set aside by the court.
675	(d)  Any commitment of a delinquent child to the Department
676	of Juvenile Justice must be for an indeterminate period of time,
677	which may include periods of temporary release, but the time may
678	not exceed the maximum term of imprisonment that an adult may
679	serve for the same offense. The duration of the child's
680	placement in a residential commitment program of any level shall
681	be based on objective performance-based treatment planning. The
682	child's treatment plan progress and adjustment-related issues
683	shall be reported to the court quarterly, unless the court
684	requests more frequent reports each month. The child's length of
685	stay in a residential commitment program may be extended if the
686	child fails to comply with or participate in treatment
687	activities. The child's length of stay in such program shall not
688	be extended for purposes of sanction or punishment. Any
689	temporary release from such program must be approved by the
690	court. Any child so committed may be discharged from
691	institutional confinement or a program upon the direction of the
692	department with the concurrence of the court. The child's
693	treatment plan progress and adjustment-related issues must be
694	communicated to the court at the time the department requests
695	the court to consider releasing the child from the residential
696	commitment program. Notwithstanding s. 743.07 and this
697	subsection, and except as provided in ss. 985.201 and 985.31, a
698	child may not be held under a commitment from a court pursuant
699	to this section after becoming 21 years of age. The department
700	shall give the court that committed the child to the department
701	reasonable notice, in writing, of its desire to discharge the
702	child from a commitment facility. The court that committed the
703	child may thereafter accept or reject the request. If the court
704	does not respond within 10 days after receipt of the notice, the
705	request of the department shall be deemed granted. This section
706	does not limit the department's authority to revoke a child's
707	temporary release status and return the child to a commitment
708	facility for any violation of the terms and conditions of the
709	temporary release.
710	(e)  In carrying out the provisions of this part, the court
711	may order the natural parents or legal custodian or guardian of
712	a child who is found to have committed a delinquent act to
713	participate in family counseling and other professional
714	counseling activities deemed necessary for the rehabilitation of
715	the child or to enhance their ability to provide the child with
716	adequate support, guidance, and supervision. The court may also
717	order that the parent, custodian, or guardian support the child
718	and participate with the child in fulfilling a court-imposed
719	sanction. In addition, the court may use its contempt powers to
720	enforce a court-imposed sanction.
721	(f)  The court may at any time enter an order ending its
722	jurisdiction over any child.
723	(g)  Whenever a child is required by the court to
724	participate in any work program under this part or whenever a
725	child volunteers to work in a specified state, county,
726	municipal, or community service organization supervised work
727	program or to work for the victim, either as an alternative to
728	monetary restitution or as a part of the rehabilitative or
729	probation program, the child is an employee of the state for the
730	purposes of liability. In determining the child's average weekly
731	wage unless otherwise determined by a specific funding program,
732	all remuneration received from the employer is a gratuity, and
733	the child is not entitled to any benefits otherwise payable
734	under s. 440.15, regardless of whether the child may be
735	receiving wages and remuneration from other employment with
736	another employer and regardless of the child's future wage-
737	earning capacity.
738	(h)  The court may, upon motion of the child or upon its
739	own motion, within 60 days after imposition of a disposition of
740	commitment, suspend the further execution of the disposition and
741	place the child in a probation program upon such terms and
742	conditions as the court may require. The department shall
743	forward to the court all relevant material on the child's
744	progress while in custody not later than 3 working days prior to
745	the hearing on the motion to suspend the disposition.
746	(i)  The nonconsent of the child to commitment or treatment
747	in a substance abuse treatment program in no way precludes the
748	court from ordering such commitment or treatment.
749	(j)  If the offense committed by the child was grand theft
750	of a motor vehicle, the court:
751	1.  Upon a first adjudication for a grand theft of a motor
752	vehicle, may place the youth in a boot camp, unless the child is
753	ineligible pursuant to s. 985.309, and shall order the youth to
754	complete a minimum of 50 hours of community service.
755	2.  Upon a second adjudication for grand theft of a motor
756	vehicle which is separate and unrelated to the previous
757	adjudication, may place the youth in a boot camp, unless the
758	child is ineligible pursuant to s. 985.309, and shall order the
759	youth to complete a minimum of 100 hours of community service.
760	3.  Upon a third adjudication for grand theft of a motor
761	vehicle which is separate and unrelated to the previous
762	adjudications, shall place the youth in a boot camp or other
763	treatment program, unless the child is ineligible pursuant to s.
764	985.309, and shall order the youth to complete a minimum of 250
765	hours of community service.
766	(2)  Following a delinquency adjudicatory hearing pursuant
767	to s. 985.228 and a delinquency disposition hearing pursuant to
768	s. 985.23 which results in a commitment determination, the court
769	shall, on its own or upon request by the state or the
770	department, determine whether the protection of the public
771	requires that the child be placed in a program for serious or
772	habitual juvenile offenders and whether the particular needs of
773	the child would be best served by a program for serious or
774	habitual juvenile offenders as provided in s. 985.31. The
775	determination shall be made pursuant to ss. 985.03(48) and
776	985.23(3).
777	(3)  Following a delinquency adjudicatory hearing pursuant
778	to s. 985.228, the court may on its own or upon request by the
779	state or the department and subject to specific appropriation,
780	determine whether a juvenile sexual offender placement is
781	required for the protection of the public and what would be the
782	best approach to address the treatment needs of the juvenile
783	sexual offender. When the court determines that a juvenile has
784	no history of a recent comprehensive assessment focused on
785	sexually deviant behavior, the court may, subject to specific
786	appropriation, order the department to conduct or arrange for an
787	examination to determine whether the juvenile sexual offender is
788	amenable to community-based treatment.
789	(a)  The report of the examination shall include, at a
790	minimum, the following:
791	1.  The juvenile sexual offender's account of the incident
792	and the official report of the investigation.
793	2.  The juvenile sexual offender's offense history.
794	3.  A multidisciplinary assessment of the sexually deviant
795	behaviors, including an assessment by a certified psychologist,
796	therapist, or psychiatrist.
797	4.  An assessment of the juvenile sexual offender's family,
798	social, educational, and employment situation. The report shall
799	set forth the sources of the evaluator's information.
800	(b)  The report shall assess the juvenile sexual offender's
801	amenability to treatment and relative risk to the victim and the
802	community.
803	(c)  The department shall provide a proposed plan to the
804	court that shall include, at a minimum:
805	1.  The frequency and type of contact between the offender
806	and therapist.
807	2.  The specific issues and behaviors to be addressed in
808	the treatment and description of planned treatment methods.
809	3.  Monitoring plans, including any requirements regarding
810	living conditions, school attendance and participation,
811	lifestyle, and monitoring by family members, legal guardians, or
812	others.
813	4.  Anticipated length of treatment.
814	5.  Recommended crime-related prohibitions and curfew.
815	6.  Reasonable restrictions on the contact between the
816	juvenile sexual offender and either the victim or alleged
817	victim.
818	(d)  After receipt of the report on the proposed plan of
819	treatment, the court shall consider whether the community and
820	the offender will benefit from use of juvenile sexual offender
821	community-based treatment alternative disposition and consider
822	the opinion of the victim or the victim's family as to whether
823	the offender should receive a community-based treatment
824	alternative disposition under this subsection.
825	(e)  If the court determines that this juvenile sexual
826	offender community-based treatment alternative is appropriate,
827	the court may place the offender on community supervision for up
828	to 3 years. As a condition of community treatment and
829	supervision, the court may order the offender to:
830	1.  Undergo available outpatient juvenile sexual offender
831	treatment for up to 3 years. A program or provider may not be
832	used for such treatment unless it has an appropriate program
833	designed for sexual offender treatment. The department shall not
834	change the treatment provider without first notifying the state
835	attorney's office.
836	2.  Remain within described geographical boundaries and
837	notify the court or the department counselor prior to any change
838	in the offender's address, educational program, or employment.
839	3.  Comply with all requirements of the treatment plan.
840	(f)  The juvenile sexual offender treatment provider shall
841	submit quarterly reports on the respondent's progress in
842	treatment to the court and the parties to the proceedings. The
843	juvenile sexual offender reports shall reference the treatment
844	plan and include, at a minimum, the following:
845	1.  Dates of attendance.
846	2.  The juvenile sexual offender's compliance with the
847	requirements of treatment.
848	3.  A description of the treatment activities.
849	4.  The sexual offender's relative progress in treatment.
850	5.  The offender's family support of the treatment
851	objectives.
852	6.  Any other material specified by the court at the time
853	of the disposition.
854	(g)  At the disposition hearing, the court may set case
855	review hearings as the court considers appropriate.
856	(h)  If the juvenile sexual offender violates any condition
857	of the disposition or the court finds that the juvenile sexual
858	offender is failing to make satisfactory progress in treatment,
859	the court may revoke the community-based treatment alternative
860	and order commitment to the department pursuant to subsection
861	(1).
862	(i)  If the court determines that the juvenile sexual
863	offender is not amenable to community-based treatment, the court
864	shall proceed with a juvenile sexual offender disposition
865	hearing pursuant to subsection (1).
866	(4)  At the discretion of the court, the child may appear
867	by video teleconference at any court hearing related to
868	treatment progress in the commitment program, including
869	transfers under s. 985.404(4).
870	Section 8.  This act shall take effect July 1, 2004.

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