(LATE FILED)	Amendment
Bill No. 0335

Amendment No. 055841

CHAMBER ACTION
Senate		House
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1	Representative(s) Culp offered the following:
2
3	Substitute Amendment for Amendment (159621) (with title
4	amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Paragraph (e) is added to subsection (1) of
7	section 985.207, Florida Statutes, to read:
8	985.207  Taking a child into custody.--
9	(1)  A child may be taken into custody under the following
10	circumstances:
11	(e)  When a law enforcement officer has probable cause to
12	believe that a child who is awaiting disposition has violated
13	conditions imposed by the court under s. 985.228(5) in his or
14	her order of adjudication of delinquency.
15
16	Nothing in this subsection shall be construed to allow the
17	detention of a child who does not meet the detention criteria in
18	s. 985.215.
19	Section 2.  Subsection (2) and paragraphs (d) and (g) of
20	subsection (5) of section 985.215, Florida Statutes, are amended
21	to read:
22	985.215  Detention.--
23	(2)  Subject to the provisions of subsection (1), a child
24	taken into custody and placed into nonsecure or home detention
25	care or detained in secure detention care prior to a detention
26	hearing may continue to be detained by the court if:
27	(a)  The child is alleged to be an escapee from a
28	residential commitment program, or an absconder from a
29	nonresidential commitment program, a probation program, or
30	conditional release supervision, or is alleged to have escaped
31	while being lawfully transported to or from a residential
32	commitment program.
33	(b)  The child is wanted in another jurisdiction for an
34	offense which, if committed by an adult, would be a felony.
35	(c)  The child is charged with a delinquent act or
36	violation of law and requests in writing through legal counsel
37	to be detained for protection from an imminent physical threat
38	to his or her personal safety.
39	(d)  The child is charged with committing an offense of
40	domestic violence as defined in s. 741.28 and is detained as
41	provided in s. 985.213(2)(b)3.
42	(e)  The child is charged with possession or discharging a
43	firearm on school property in violation of s. 790.115.
44	(f)  The child is charged with a capital felony, a life
45	felony, a felony of the first degree, a felony of the second
46	degree that does not involve a violation of chapter 893, or a
47	felony of the third degree that is also a crime of violence,
48	including any such offense involving the use or possession of a
49	firearm.
50	(g)  The child is charged with any second degree or third
51	degree felony involving a violation of chapter 893 or any third
52	degree felony that is not also a crime of violence, and the
53	child:
54	1.  Has a record of failure to appear at court hearings
55	after being properly notified in accordance with the Rules of
56	Juvenile Procedure;
57	2.  Has a record of law violations prior to court hearings;
58	3.  Has already been detained or has been released and is
59	awaiting final disposition of the case;
60	4.  Has a record of violent conduct resulting in physical
61	injury to others; or
62	5.  Is found to have been in possession of a firearm.
63	(h)  The child is alleged to have violated the conditions
64	of the child's probation or conditional release supervision.
65	However, a child detained under this paragraph may be held only
66	in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
67	consequence unit is not available, the child shall be placed on
68	home detention with electronic monitoring.
69	(i)  The child is detained on a judicial order for failure
70	to appear and has previously willfully failed to appear, after
71	proper notice, for an adjudicatory hearing on the same case
72	regardless of the results of the risk assessment instrument. A
73	child may be held in secure detention for up to 72 hours in
74	advance of the next scheduled court hearing pursuant to this
75	paragraph. The child's failure to keep the clerk of court and
76	defense counsel informed of a current and valid mailing address
77	where the child will receive notice to appear at court
78	proceedings does not provide an adequate ground for excusal of
79	the child's nonappearance at the hearings.
80	(j)  The child is detained on a judicial order for failure
81	to appear and has previously willfully failed to appear, after
82	proper notice, at two or more court hearings of any nature on
83	the same case regardless of the results of the risk assessment
84	instrument. A child may be held in secure detention for up to 72
85	hours in advance of the next scheduled court hearing pursuant to
86	this paragraph. The child's failure to keep the clerk of court
87	and defense counsel informed of a current and valid mailing
88	address where the child will receive notice to appear at court
89	proceedings does not provide an adequate ground for excusal of
90	the child's nonappearance at the hearings.
91	(k)  At his or her adjudicatory hearing, the child has been
92	found to have committed a delinquent act or violation of law and
93	has previously willfully failed to appear, after proper notice,
94	for other delinquency court proceedings of any nature regardless
95	of the results of the risk assessment instrument. A child may be
96	held in secure detention or, at the discretion of the court and
97	if available, placed on home detention with electronic
98	monitoring until the child's disposition order is entered in his
99	or her case. The child's failure to keep the clerk of court and
100	defense counsel informed of a current and valid mailing address
101	where the child will receive notice to appear at court
102	proceedings does not provide an adequate ground for excusal of
103	the child's nonappearance at the hearings.
104
105	A child who meets any of these criteria and who is ordered to be
106	detained pursuant to this subsection shall be given a hearing
107	within 24 hours after being taken into custody. The purpose of
108	the detention hearing is to determine the existence of probable
109	cause that the child has committed the delinquent act or
110	violation of law with which he or she is charged and the need
111	for continued detention, except where the child is alleged to
112	have absconded from a nonresidential commitment program in which
113	case the court, at the detention hearing, shall order that the
114	child be released from detention and returned to his or her
115	nonresidential commitment program. Unless a child is detained
116	under paragraph (d), or paragraph (e), or paragraph (k), the
117	court shall use the results of the risk assessment performed by
118	the juvenile probation officer and, based on the criteria in
119	this subsection, shall determine the need for continued
120	detention. A child placed into secure, nonsecure, or home
121	detention care may continue to be so detained by the court
122	pursuant to this subsection. If the court orders a placement
123	more restrictive than indicated by the results of the risk
124	assessment instrument, the court shall state, in writing, clear
125	and convincing reasons for such placement. Except as provided in
126	s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
127	paragraph (10)(c), or paragraph (10)(d), when a child is placed
128	into secure or nonsecure detention care, or into a respite home
129	or other placement pursuant to a court order following a
130	hearing, the court order must include specific instructions that
131	direct the release of the child from such placement no later
132	than 5 p.m. on the last day of the detention period specified in
133	paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
134	whichever is applicable, unless the requirements of such
135	applicable provision have been met or an order of continuance
136	has been granted pursuant to paragraph (5)(f).
137	(5)
138	(d)  Except as provided in paragraph (2)(k), paragraph (g),
139	or s. 985.228(5), a child may not be held in secure, nonsecure,
140	or home detention care for more than 15 days following the entry
141	of an order of adjudication.
142	(g)  Upon good cause being shown that the nature of the
143	charge requires additional time for the prosecution or defense
144	of the case, the court may extend the time limits for detention
145	specified in paragraph (c) or paragraph (d) an additional 9 days
146	if the child is charged with an offense that would be, if
147	committed by an adult, a capital felony, a life felony, a felony
148	of the first degree, or a felony of the second degree involving
149	violence against any individual.
150	Section 3.  Subsection (5) of section 985.228, Florida
151	Statutes, is amended to read:
152	985.228  Adjudicatory hearings; withheld adjudications;
153	orders of adjudication.--
154	(5)(a)  If the court finds that the child named in a
155	petition has committed a delinquent act or violation of law, but
156	elects not to proceed under subsection (4), it shall incorporate
157	that finding in an order of adjudication of delinquency entered
158	in the case, briefly stating the facts upon which the finding is
159	made, and the court shall thereafter have full authority under
160	this chapter to deal with the child as adjudicated.
161	(b)  The order of adjudication of delinquency under
162	paragraph (a) shall also include conditions that must be
163	followed by the child until a disposition order is entered in
164	his or her case. These conditions must include, but are not
165	limited to, specifying that the child, during any period of time
166	that he or she:
167	1.  Is not in secure detention, must comply with a curfew;
168	must attend school or another educational program, if eligible;
169	and is prohibited from engaging in ungovernable behavior.
170	2.  Is in secure detention, is prohibited from engaging in
171	ungovernable behavior.
172	(c)  For purposes of this subsection, the term
173	"ungovernable behavior" means:
174	1.  The child's failing to obey the reasonable and lawful
175	demands of the child's parent or legal guardian and, where
176	applicable, the reasonable and lawful demands of a person
177	responsible for supervising the child while he or she is in
178	school, another educational program, or secure detention.
179	2.  The child engaging in behavior that evidences a risk
180	that the child may fail to appear for future court proceedings
181	or may inflict harm upon others or the property of others.
182	3.  Other behavior of the child as specified in writing by
183	the court in the order of adjudication of delinquency.
184	(d)  If a child willfully violates a condition contained in
185	his or her order of adjudication of delinquency, the court may
186	find the child in direct or indirect contempt of court under s.
187	985.216; however, notwithstanding s. 985.216 and the results of
188	the risk assessment instrument, the child's sanctions for such
189	contempt of court shall be placement in secure detention or, at
190	the discretion of the court and if available, on home detention
191	with electronic monitoring until the child's disposition order
192	is entered in his or her case.
193	Section 4.  Paragraph (a) of subsection (1) of section
194	985.31, Florida Statutes, is amended to read:
195	985.31  Serious or habitual juvenile offender.--
196	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
197	provisions of this chapter and the establishment of appropriate
198	program guidelines and standards, contractual instruments, which
199	shall include safeguards of all constitutional rights, shall be
200	developed as follows:
201	(a)  The department shall provide for:
202	1.  The oversight of implementation of assessment and
203	treatment approaches.
204	2.  The identification and prequalification of appropriate
205	individuals or not-for-profit organizations, including minority
206	individuals or organizations when possible, to provide
207	assessment and treatment services to serious or habitual
208	delinquent children.
209	3.  The monitoring and evaluation of assessment and
210	treatment services for compliance with the provisions of this
211	chapter and all applicable rules and guidelines pursuant
212	thereto.
213	4.  The development of an annual report on the performance
214	of assessment and treatment to be presented to the Governor, the
215	Attorney General, the President of the Senate, the Speaker of
216	the House of Representatives, and the Auditor General no later
217	than January 1 of each year.
218	Section 5.  Paragraph (a) of subsection (1) of section
219	985.311, Florida Statutes, is amended to read:
220	985.311  Intensive residential treatment program for
221	offenders less than 13 years of age.--
222	(1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
223	provisions of this chapter and the establishment of appropriate
224	program guidelines and standards, contractual instruments, which
225	shall include safeguards of all constitutional rights, shall be
226	developed for intensive residential treatment programs for
227	offenders less than 13 years of age as follows:
228	(a)  The department shall provide for:
229	1.  The oversight of implementation of assessment and
230	treatment approaches.
231	2.  The identification and prequalification of appropriate
232	individuals or not-for-profit organizations, including minority
233	individuals or organizations when possible, to provide
234	assessment and treatment services to intensive offenders less
235	than 13 years of age.
236	3.  The monitoring and evaluation of assessment and
237	treatment services for compliance with the provisions of this
238	chapter and all applicable rules and guidelines pursuant
239	thereto.
240	4.  The development of an annual report on the performance
241	of assessment and treatment to be presented to the Governor, the
242	Attorney General, the President of the Senate, the Speaker of
243	the House of Representatives, the Auditor General, and the
244	Office of Program Policy Analysis and Government Accountability
245	no later than January 1 of each year.
246	Section 6.  Subsection (5) of section 985.317, Florida
247	Statutes, is amended to read:
248	985.317  Literacy programs for juvenile offenders.--
249	(5)  EVALUATION AND REPORT.--The department, in
250	consultation with the Department of Education, shall develop and
251	implement an evaluation of the literacy program in order to
252	determine the impact of the programs on recidivism. The
253	department shall submit an annual report on the implementation
254	and progress of the programs to the President of the Senate and
255	the Speaker of the House of Representatives by January 1 of each
256	year.
257	Section 7.  Section 985.3142, Florida Statutes, is created
258	to read:
259	985.3142  Failure to return from a temporary release.--The
260	willful failure of a child to return to a residential commitment
261	facility described in s. 985.03(46) within the time authorized
262	for a temporary release shall:
263	(1)  For a first offense, constitute absconding and such
264	offense shall be treated in the same manner as absconding from a
265	nonresidential commitment facility under this chapter, except
266	that under s. 985.215(2) the court shall order that the child be
267	returned to his or her residential commitment facility at the
268	child's detention hearing.
269	(2)  For a second or subsequent offense, constitute a
270	misdemeanor of the second degree, punishable as provided in s.
271	775.082 or s. 775.083.
272	Section 8.  Section 985.412, Florida Statutes, is amended
273	to read:
274	985.412  Program review and reporting requirements Quality
275	assurance and cost-effectiveness.--
276	(1)  LEGISLATIVE PURPOSE.--It is the intent of the
277	Legislature that the department:
278	(a)  Ensure that information be provided to decisionmakers
279	in a timely manner so that resources are allocated to programs
280	that of the department which achieve desired performance levels.
281	(b)  Collect and analyze available statistical data for the
282	purpose of ongoing evaluation of all programs.
283	(c)(b)  Provide information about the cost of such programs
284	and their differential effectiveness so that program the quality
285	may of such programs can be compared and improvements made
286	continually.
287	(d)(c)  Provide information to aid in developing related
288	policy issues and concerns.
289	(e)(d)  Provide information to the public about the
290	effectiveness of such programs in meeting established goals and
291	objectives.
292	(f)(e)  Provide a basis for a system of accountability so
293	that each youth client is afforded the best programs to meet his
294	or her needs.
295	(g)(f)  Improve service delivery to youth clients.
296	(h)(g)  Modify or eliminate activities that are not
297	effective.
298	(2)  DEFINITIONS.--As used in this section, the term:
299	(a)  "Youth" "Client" means any person who is being
300	provided treatment or services by the department or by a
301	provider under contract with the department.
302	(b)  "Program" means any facility, service, or program for
303	youth that is operated by the department or by a provider under
304	contract with the department.
305	(c)(b)  "Program component" means an aggregation of
306	generally related objectives which, because of their special
307	character, related workload, and interrelated output, can
308	logically be considered an entity for purposes of organization,
309	management, accounting, reporting, and budgeting.
310	(c)  "Program effectiveness" means the ability of the
311	program to achieve desired client outcomes, goals, and
312	objectives.
313	(d)  "Program group" means a collection of programs with
314	sufficient similarity of function, services, and youth to permit
315	appropriate comparisons among programs within the group.
316	(3)  OUTCOME EVALUATION.--The department, in consultation
317	with the Office of Economic and Demographic Research, the Office
318	of Program Policy Analysis and Government Accountability, and
319	contract service providers, shall develop and use a standard
320	methodology for annually measuring, evaluating, and reporting
321	program outputs and youth outcomes for each program and program
322	group.
323	(a)  The standard methodology must:
324	1.  Incorporate, whenever possible, performance-based
325	budgeting measures.
326	2.  Include common terminology and operational definitions
327	for measuring the performance of system and program
328	administration, program outputs, and youth outcomes.
329	3.  Specify program outputs for each program and for each
330	program group within the juvenile justice continuum.
331	4.  Specify desired youth outcomes and methods by which to
332	measure youth outcomes for each program and program group.
333	(b)  By February 15 of each year, the department shall
334	submit to the appropriate substantive and fiscal committees of
335	each house of the Legislature and the Governor a report that
336	identifies and describes:
337	1.  The standard methodology implemented under paragraph
338	(a).
339	2.  The programs offered within each program group.
340	3.  The demographic profile and offense history of youth
341	served in each program group.
342	4.  The actual program outputs and youth outcomes achieved
343	in each program group. The department shall annually collect and
344	report cost data for every program operated or contracted by the
345	department. The cost data shall conform to a format approved by
346	the department and the Legislature. Uniform cost data shall be
347	reported and collected for state-operated and contracted
348	programs so that comparisons can be made among programs. The
349	department shall ensure that there is accurate cost accounting
350	for state-operated services including market-equivalent rent and
351	other shared cost. The cost of the educational program provided
352	to a residential facility shall be reported and included in the
353	cost of a program. The department shall submit an annual cost
354	report to the President of the Senate, the Speaker of the House
355	of Representatives, the Minority Leader of each house of the
356	Legislature, the appropriate substantive and fiscal committees
357	of each house of the Legislature, and the Governor, no later
358	than December 1 of each year. Cost-benefit analysis for
359	educational programs will be developed and implemented in
360	collaboration with and in cooperation with the Department of
361	Education, local providers, and local school districts. Cost
362	data for the report shall include data collected by the
363	Department of Education for the purposes of preparing the annual
364	report required by s. 1003.52(19).
365	(4)(a)  PROGRAM ACCOUNTABILITY MEASURES.--The department of
366	Juvenile Justice, in consultation with the Office of Economic
367	and Demographic Research, and contract service providers, shall
368	develop a cost-effectiveness model and apply the model to each
369	commitment program. Program recidivism rates shall be a
370	component of the model.
371	(a)  The cost-effectiveness model shall compare program
372	costs to expected and actual youth recidivism rates client
373	outcomes and program outputs. It is the intent of the
374	Legislature that continual development efforts take place to
375	improve the validity and reliability of the cost-effectiveness
376	model and to integrate the standard methodology developed under
377	s. 985.401(4) for interpreting program outcome evaluations.
378	(b)  The department shall rank commitment programs based on
379	the cost-effectiveness model and shall submit a report to the
380	appropriate substantive and fiscal committees of each house of
381	the Legislature by January 15 December 31 of each year.
382	(c)  Based on reports of the department on client outcomes
383	and program outputs and on the department's most recent cost-
384	effectiveness rankings, the department may terminate a
385	commitment program operated by the department or a provider if
386	the program has failed to achieve a minimum threshold of cost-
387	effectiveness program effectiveness. This paragraph does not
388	preclude the department from terminating a contract as provided
389	under this section or as otherwise provided by law or contract,
390	and does not limit the department's authority to enter into or
391	terminate a contract.
392	(d)  In collaboration with the Office of Economic and
393	Demographic Research, and contract service providers, the
394	department shall develop a work plan to refine the cost-
395	effectiveness model so that the model is consistent with the
396	performance-based program budgeting measures approved by the
397	Legislature to the extent the department deems appropriate. The
398	department shall notify the Office of Program Policy Analysis
399	and Government Accountability of any meetings to refine the
400	model.
401	(e)  Contingent upon specific appropriation, the
402	department, in consultation with the Office of Economic and
403	Demographic Research, and contract service providers, shall:
404	1.  Construct a profile of each commitment program that
405	uses the results of the quality assurance report required by
406	this section, the cost-effectiveness report required in this
407	subsection, and other reports available to the department.
408	2.  Target, for a more comprehensive evaluation, any
409	commitment program that has achieved consistently high, low, or
410	disparate ratings in the reports required under subparagraph 1.
411	3.  Identify the essential factors that contribute to the
412	high, low, or disparate program ratings.
413	4.  Use the results of these evaluations in developing or
414	refining juvenile justice programs or program models, youth
415	client outcomes and program outputs, provider contracts, quality
416	assurance standards, and the cost-effectiveness model.
417	(5)  QUALITY ASSURANCE.--The department shall:
418	(a)  Establish a comprehensive quality assurance system for
419	each program operated by the department or operated by a
420	provider under contract with the department. Each contract
421	entered into by the department must provide for quality
422	assurance.
423	(b)  Provide operational definitions of and criteria for
424	quality assurance for each specific program component.
425	(c)  Establish quality assurance goals and objectives for
426	each specific program component.
427	(d)  Establish the information and specific data elements
428	required for the quality assurance program.
429	(e)  Develop a quality assurance manual of specific,
430	standardized terminology and procedures to be followed by each
431	program.
432	(f)  Evaluate each program operated by the department or a
433	provider under a contract with the department and establish
434	minimum thresholds for each program component. If a provider
435	fails to meet the established minimum thresholds, such failure
436	shall cause the department to cancel the provider's contract
437	unless the provider achieves compliance with minimum thresholds
438	within 6 months or unless there are documented extenuating
439	circumstances. In addition, the department may not contract with
440	the same provider for the canceled service for a period of 12
441	months. If a department-operated program fails to meet the
442	established minimum thresholds, the department must take
443	necessary and sufficient steps to ensure and document program
444	changes to achieve compliance with the established minimum
445	thresholds. If the department-operated program fails to achieve
446	compliance with the established minimum thresholds within 6
447	months and if there are no documented extenuating circumstances,
448	the department must notify the Executive Office of the Governor
449	and the Legislature of the corrective action taken. Appropriate
450	corrective action may include, but is not limited to:
451	1.  Contracting out for the services provided in the
452	program;
453	2.  Initiating appropriate disciplinary action against all
454	employees whose conduct or performance is deemed to have
455	materially contributed to the program's failure to meet
456	established minimum thresholds;
457	3.  Redesigning the program; or
458	4.  Realigning the program.
459	(g)  The department shall Submit an annual report to the
460	President of the Senate, the Speaker of the House of
461	Representatives, the minority leader of each house of the
462	Legislature, the appropriate substantive and fiscal committees
463	of each house of the Legislature, and the Governor by, no later
464	than February 1 of each year. The annual report must contain, at
465	a minimum, for each specific program component:
466	1.  A comprehensive description of the population served.
467	by the program;
468	2.  A specific description of its the services.
469	3.  A summary of the performance of each program component
470	evaluated. provided by the program;
471	4.  Cost data that is reported in a uniform format so that
472	cost comparisons may be made among programs. For a residential
473	program, the cost data must include the cost of its educational
474	program.;
475	5.  A comparison of expenditures to federal and state
476	funding.;
477	6.  Immediate and long-range concerns.; and
478	7.  Recommendations to maintain, expand, improve, modify,
479	or eliminate each program component so that changes in services
480	lead to enhancement in program quality. The department shall
481	ensure the reliability and validity of the information contained
482	in the report.
483	(6)  The department shall collect and analyze available
484	statistical data for the purpose of ongoing evaluation of all
485	programs. The department shall provide the Legislature with
486	necessary information and reports to enable the Legislature to
487	make informed decisions regarding the effectiveness of, and any
488	needed changes in, services, programs, policies, and laws.
489	(7)  No later than November 1, 2001, the department shall
490	submit a proposal to the Legislature concerning funding
491	incentives and disincentives for the department and for
492	providers under contract with the department. The
493	recommendations for funding incentives and disincentives shall
494	be based upon both quality assurance performance and cost-
495	effectiveness performance. The proposal should strive to achieve
496	consistency in incentives and disincentives for both department-
497	operated and contractor-provided programs. The department may
498	include recommendations for the use of liquidated damages in the
499	proposal; however, the department is not presently authorized to
500	contract for liquidated damages in non-hardware-secure
501	facilities until January 1, 2002.
502	Section 9.  Judicial discretion to select commitment
503	programs; pilot program.--
504	(1)  The definitions contained in s. 985.03, Florida
505	Statutes, apply to this section. Additionally, for purposes of
506	this section, the term:
507	(a)  "Available placement" means a commitment program for
508	which the department has determined the youth is eligible.
509	(b)  "Commitment program" means a facility, service, or
510	program operated by the department or by a provider under
511	contract with the department within a restrictiveness level.
512	(c)  "Delinquency court" means a circuit court in the
513	First, Eleventh, Thirteenth, or Twentieth Judicial Circuit.
514	(d)  "Eligible" means a determination that the youth
515	satisfies admission criteria for the commitment program.
516	(e)  "Wait period" means the shortest period of time
517	expected to elapse prior to placement of a youth in a commitment
518	program, as determined by the department based upon anticipated
519	release dates for youth currently in the commitment program.
520	(2)  Between September 1, 2006, and July 1, 2010, a pilot
521	program shall be conducted in the First, Eleventh, Thirteenth,
522	and Twentieth Judicial Circuits which authorizes delinquency
523	courts to select commitment programs for youth. The purpose of
524	the pilot program is to identify and evaluate the benefits and
525	disadvantages of affording such judicial discretion prior to
526	legislative consideration of statewide implementation.
527	(3)  Before August 31, 2006, the department shall:
528	(a)  Develop, in consultation with delinquency court
529	judges, procedures to implement this section.
530	(b)  Publish on its Internet website information that
531	identifies the name and address of each commitment program and
532	that describes for each identified commitment program the
533	population of youth served; the maximum capacity; the services
534	offered; the admission criteria; the most recent recidivism
535	rates; and the most recent cost-effectiveness rankings and
536	quality assurance results under s. 985.412, Florida Statutes.
537	The department shall continually update information published
538	under this paragraph as modifications occur.
539	(4)  Between September 1, 2006, and July 1, 2010, a
540	delinquency court may:
541	(a)  Order the department to include in a youth's
542	predisposition report a list of all available placements within
543	each restrictiveness level identified by the court or
544	recommended by the department. The list shall also indicate the
545	wait period for each available placement identified by the
546	department.
547	(b)1.  Specify for a youth committed by the court an
548	available placement identified in the listing under paragraph
549	(a), which has a wait period of 30 calendar days or less for a
550	minimum-risk nonresidential, low-risk residential, moderate-risk
551	residential, or high-risk residential commitment program or a
552	wait period of 20 calendar days or less for a maximum-risk
553	residential commitment program; or
554	2.  Alternatively, a delinquency court may specify:
555	a.  An available placement with a wait period in excess of
556	those identified in subparagraph 1., if the court states reasons
557	on the record establishing by a preponderance of the evidence
558	that the available placement is in the youth's best interest; or
559	b.  A commitment program that is not listed as an available
560	placement, if the court states reasons on the record
561	establishing by a preponderance of the evidence that the youth
562	is eligible for the commitment program and that the commitment
563	program is in the youth's best interest.
564	(5)  When a delinquency court specifies an available
565	placement or commitment program for a youth under paragraph
566	(4)(b), the youth shall be placed, as specified by the court,
567	when the next regularly scheduled opening occurs after the
568	placement of other youth who were previously committed and
569	waiting for that program.
570	(6)(a)  The Office of Program Policy Analysis and
571	Government Accountability shall conduct a longitudinal
572	evaluation of the pilot program created by this section and
573	shall submit a written report to the appropriate substantive and
574	fiscal committees of the Legislature and to the Governor on
575	January 1, 2008, and annually thereafter, which identifies,
576	according to judicial circuit and restrictiveness level, the
577	following data, as it becomes available, for the pilot program
578	period:
579	1.  The number of youth committed to the department by a
580	delinquency court.
581	2.  The number of youth placed by a delinquency court in an
582	available placement under subparagraph (4)(b)1. and sub-
583	subparagraph (4)(b)2.a. and in a commitment program under sub-
584	subparagraph (4)(b)2.b.
585	3.  The number of youth placed in a department-specified
586	commitment program.
587	4.  The average wait period for, and the average number of
588	days spent by youth in secure detention while awaiting placement
589	in, delinquency court-specified commitment programs and
590	department-specified commitment programs.
591	5.  The number of youth who complete, and who are otherwise
592	released from, delinquency court-specified commitment programs
593	and department-specified commitment programs.
594	6.  Educational achievements made by youth while
595	participating in delinquency court-specified commitment programs
596	and department-specified commitment programs.
597	7.  The number of youth who are taken into custody for a
598	felony or misdemeanor within 6 months following completion of
599	delinquency court-specified commitment programs and department-
600	specified commitment programs.
601	(b)  Before August 31, 2006:
602	1.  The department, in consultation with the Office of
603	Program Policy Analysis and Government Accountability, shall
604	develop reporting protocols to collect and maintain data
605	necessary for the report required by this subsection.
606	2.  The Office of Program Policy Analysis and Government
607	Accountability, in consultation with staff of the appropriate
608	substantive and fiscal committees of the Legislature, shall
609	develop common terminology and operational definitions for the
610	measurement of data necessary for the report required by this
611	subsection.
612	(c)  The reports required under paragraph (a) to be
613	submitted on January 1, 2009, and January 1, 2010, must also
614	include:
615	1.  Findings by the Office of Program Policy Analysis and
616	Government Accountability, the department, and delinquency
617	courts regarding the benefits and disadvantages of authorizing
618	courts to select commitment programs.
619	2.  Recommendations by the Office of Program Policy
620	Analysis and Government Accountability, the department, and
621	delinquency courts, if found to be warranted, for amendments to
622	current statutes addressing commitment.
623	(7)  This section is repealed effective July 1, 2010.
624	Section 10.  Task force on juvenile cruelty to animals.--
625	(1)  The Legislature recognizes that multiple research
626	studies have found statistically significant correlations
627	between acts of animal cruelty by juveniles and violent behavior
628	against persons and that a literature review conducted by the
629	federal Office of Juvenile Justice Delinquency Prevention found
630	that juvenile animal cruelty may be characteristic of the
631	developmental histories of 25 to 60 percent of violent adult
632	offenders. The Legislature further recognizes that it is
633	critical for the rehabilitation of juvenile animal cruelty
634	offenders and for the protection of society that the Legislature
635	establish a policy requiring the Department of Juvenile Justice
636	to assess the specific rehabilitation needs of juvenile animal
637	cruelty offenders and to provide programs that will treat these
638	offenders and halt further antisocial conduct.
639	(2)  For purposes of this section, the term:
640	(a)  "Department" means the Department of Juvenile Justice.
641	(b)  "Juvenile animal cruelty offender" means a juvenile
642	referred to the department who has violated s. 828.12, Florida
643	Statutes, or who otherwise has a history of engaging in one or
644	more acts of animal cruelty.
645	(3)  There is created a task force to review and evaluate
646	the state's laws that define and address animal cruelty and the
647	department's practices for treating and rehabilitating juvenile
648	animal cruelty offenders. The task force shall make findings
649	that include, but are not limited to:
650	(a)  Identification of statutes that address animal
651	cruelty.
652	(b)  Compilation of statistics regarding the number of
653	juveniles in this state who have been found, between July 1,
654	2001, and June 30, 2006, to have committed an act of animal
655	cruelty in violation of s. 828.12, Florida Statutes, and
656	identification of the disposition imposed in each of those
657	cases.
658	(c)  A profile of the delinquency and criminal histories of
659	the juveniles involved in the cases identified in paragraph (b)
660	before and after commission of the act of animal cruelty.
661	(d)  A summary of the department's methods for identifying
662	juvenile animal cruelty offenders who are referred to the
663	department for a delinquent act other than a violation of s.
664	828.12, Florida Statutes.
665	(e)  Identification of the department's practices,
666	procedures, and programs for the treatment and rehabilitation of
667	juvenile animal cruelty offenders.
668	(f)  A summary of research regarding juvenile animal
669	cruelty offenders and of any recommendations contained therein
670	for the treatment and rehabilitation of these offenders.
671	(g)  Identification of best and evidence-based practices
672	and model programs used in other jurisdictions for the treatment
673	and rehabilitation of juvenile animal cruelty offenders.
674	(4)  Based on its findings, the task force shall make
675	recommendations for the improvement of the state's policies and
676	laws that address juvenile animal cruelty. Such recommendations
677	shall specifically include, but are not limited to,
678	identification of methods to assess the needs of juvenile animal
679	cruelty offenders, treatment programs that will best
680	rehabilitate juvenile animal cruelty offenders, service delivery
681	mechanisms to ensure that recommended treatment programs are
682	available statewide, and any funding needs above existing
683	resources to ensure adequate availability of recommended
684	treatment programs.
685	(5)  On or before August 1, 2006, the secretary of the
686	department shall appoint up to 12 members to the task force. The
687	task force membership shall include, but is not limited to:
688	three persons who collectively have experience with the conduct
689	of juvenile animal cruelty research and with the treatment and
690	rehabilitation of juvenile animal cruelty offenders; two
691	department employees who collectively are responsible for
692	research and planning and delinquency prevention and treatment
693	programming; and two representatives of providers of juvenile
694	delinquency prevention, treatment, and rehabilitation services.
695	(6)  The task force shall submit a written report of its
696	findings and recommendations to the Governor, the President of
697	the Senate, and the Speaker of the House of Representatives by
698	January 1, 2007.
699	(7)  Administrative support for the task force shall be
700	provided by the department. Members of the task force shall
701	serve without compensation, but are entitled to reimbursement
702	under s. 112.061, Florida Statutes, for travel and per diem
703	expenses incurred in the performance of their official duties.
704	The task force shall strive to minimize travel and per diem
705	expenses by performing, when practicable, its duties in the
706	location where the majority of task force members reside.
707	(8)  The task force shall be dissolved upon submission of
708	its report.
709	Section 11.  Task Force on Juvenile Sexual Offenders and
710	their Victims.--
711	(1)  For purposes of this section, the term:
712	(a)  "Department" means the Department of Juvenile Justice.
713	(b)  "Task force" means the 2006 Task Force on Juvenile
714	Sexual Offenders and their Victims.
715	(2)  On or before August 1, 2006, there shall be created a
716	task force to continue the evaluation of the state's juvenile
717	sexual offender laws that was conducted by the 2005 Task Force
718	on Juvenile Sexual Offenders and their Victims, as created in s.
719	10 of chapter 2005-263, Laws of Florida.
720	(3)  The secretary of the department shall appoint up to 12
721	members to the task force, who shall include, but are not
722	limited to, a circuit court judge with at least 1 year of
723	experience in the juvenile division, a state attorney with at
724	least 1 year of experience in the juvenile division, a public
725	defender with at least 1 year of experience in the juvenile
726	division, two representatives of the department, one member from
727	the Florida Juvenile Justice Association, two members from
728	providers of juvenile sexual offender services, one member from
729	the Florida Association for the Treatment of Sexual Abusers, and
730	one victim advocate.
731	(4)  The task force shall:
732	(a)  Review the findings and recommendations contained in
733	the final report of the 2005 Task Force on Juvenile Sexual
734	Offenders and their Victims, including the recommendations
735	specified in Appendix II of that report, and identify each
736	recommendation that has not yet been implemented.
737	(b)  Determine which recommendations reviewed under
738	paragraph (a) remain appropriate for implementation.
739	(c)  Make additional recommendations, if warranted, for the
740	improvement of the state's laws, policies, programs, and funding
741	for juvenile sexual offenders.
742	(d)  Submit a written report to the Governor and the
743	appropriate substantive and fiscal committees of the Legislature
744	no later than January 1, 2007, that:
745	1.  Discusses each state law addressing juvenile sexual
746	offenders.
747	2.  Specifically identifies statutory criteria that should
748	be satisfied before a juvenile is classified as a sexual
749	offender or placed in sexual offender programming.
750	3.  Sets forth detailed findings in support of each
751	recommendation under paragraphs (b) and (c) and a comprehensive
752	plan for implementation of these recommendations, including
753	proposed amendments to statute to redefine the term "juvenile
754	sexual offender" and modifications of state agency rules,
755	practices, and procedures.
756	(5)  The department shall provide administrative support
757	for the task force. Members of the task force shall receive no
758	salary from the state beyond any salary already received from
759	their sponsoring agencies, if any, and are not entitled to
760	reimbursement for travel and per diem expenses.
761	(6)  The task force shall be dissolved upon submission of
762	its report.
763	Section 12.  This act shall take effect July 1, 2006.
764
765	======= T I T L E  A M E N D M E N T ==========
766	Remove the entire title and insert:
767	A bill to be entitled
768	An act relating to juvenile justice; amending s. 985.207, F.S.;
769	permitting a law enforcement officer to take a child into
770	custody for a violation of adjudication order conditions;
771	amending s. 985.215, F.S.; permitting specified types of
772	postadjudication detention for a child who has previously failed
773	to appear at delinquency court proceedings regardless of risk
774	assessment instrument results; providing exceptions that permit
775	postadjudication detention until the child's disposition order
776	is entered in his or her case; conforming cross-references;
777	amending s. 985.228, F.S.; requiring a court to include
778	specified conditions in a child's order of adjudication of
779	delinquency that apply during the postadjudication and
780	predisposition period; providing a definition; permitting a
781	court to find a child in contempt of court for a violation of
782	adjudication order conditions; providing sanctions; amending s.
783	985.31, F.S.; deleting a requirement for a report on serious or
784	habitual juvenile offenders; amending s. 985.311, F.S.; deleting
785	a requirement for a report on intensive residential treatment;
786	amending s. 985.317, F.S.; deleting a requirement for a report
787	on literacy programs for juvenile offenders; creating s.
788	985.3142, F.S.; providing that the willful failure of a child to
789	return to a residential commitment facility within the time
790	authorized for a temporary release is absconding for a first
791	offense and is a second degree misdemeanor for a second or
792	subsequent offense; providing penalties; amending s. 985.412,
793	F.S.; directing the Department of Juvenile Justice to collect
794	and analyze specified data; creating and revising definitions;
795	requiring the development of a standard methodology for annually
796	measuring, evaluating, and reporting program outputs and youth
797	outcomes; requiring an annual report; specifying report
798	contents; deleting a requirement for an annual cost data report;
799	deleting a requirement for a cost-benefit analysis of
800	educational programs; revising a cost-effectiveness model for
801	commitment programs; revising a cost-effectiveness report due
802	date; revising requirements for annual quality assurance
803	reporting; conforming provisions; deleting obsolete provisions
804	relating to incentive and disincentive proposals and liquidated
805	damages; creating a pilot program that authorizes specified
806	courts to select commitment programs for juvenile delinquents;
807	providing definitions; providing the program's purpose;
808	requiring the Department of Juvenile Justice to develop
809	implementation procedures and to publish specified information
810	about commitment programs on its website; providing procedures
811	for the selection of commitment programs by courts; requiring
812	evaluation and reports by the Office of Program Policy Analysis
813	and Government Accountability; specifying department and court
814	responsibilities relating to the reports; providing for future
815	repeal of the pilot program; creating a task force on juvenile
816	cruelty to animals; providing powers and duties; requiring the
817	task force to consider specified issues and make
818	recommendations; providing membership; requiring a report;
819	providing for administrative support and travel reimbursement;
820	providing for dissolution of the task force; creating a Task
821	Force on Juvenile Sexual Offenders and their Victims; providing
822	definitions; providing membership; providing duties; requiring a
823	report; providing for administrative support; prohibiting per
824	diem and travel reimbursement; providing for dissolution of the
825	task force; providing an effective date.

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