HB 335

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.215,
3F.S.; requiring specified home detention to be with
4electronic monitoring, subject to appropriation; amending
5s. 985.231, F.S.; requiring specified home detention to be
6with electronic monitoring, subject to appropriation;
7amending s. 985.31, F.S.; deleting requirement for a
8report on serious or habitual juvenile offenders; amending
9s. 985.311, F.S.; deleting requirement for a report on
10intensive residential treatment; amending s. 985.3141,
11F.S.; providing that a youth's willful failure to return
12to a residential commitment facility within the time
13authorized for temporary release constitutes escape
14subject to penalties; amending s. 985.317, F.S.; deleting
15a requirement for a report on literacy programs for
16juvenile offenders; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (h) of subsection (2) of section
21985.215, Florida Statutes, is amended to read:
22     985.215  Detention.--
23     (2)  Subject to the provisions of subsection (1), a child
24taken into custody and placed into nonsecure or home detention
25care or detained in secure detention care prior to a detention
26hearing may continue to be detained by the court if:
27     (h)  The child is alleged to have violated the conditions
28of the child's probation or conditional release supervision.
29However, a child detained under this paragraph shall may be held
30only in a consequence unit as provided in s. 985.231(1)(a)1.c.,
31except that, if a consequence unit is not available, the child
32shall be placed on home detention. Subject to legislative
33appropriation, home detention under this paragraph shall be with
34electronic monitoring.
35
36A child who meets any of these criteria and who is ordered to be
37detained pursuant to this subsection shall be given a hearing
38within 24 hours after being taken into custody. The purpose of
39the detention hearing is to determine the existence of probable
40cause that the child has committed the delinquent act or
41violation of law with which he or she is charged and the need
42for continued detention, except where the child is alleged to
43have absconded from a nonresidential commitment program in which
44case the court, at the detention hearing, shall order that the
45child be released from detention and returned to his or her
46nonresidential commitment program. Unless a child is detained
47under paragraph (d) or paragraph (e), the court shall use the
48results of the risk assessment performed by the juvenile
49probation officer and, based on the criteria in this subsection,
50shall determine the need for continued detention. A child placed
51into secure, nonsecure, or home detention care may continue to
52be so detained by the court pursuant to this subsection. If the
53court orders a placement more restrictive than indicated by the
54results of the risk assessment instrument, the court shall
55state, in writing, clear and convincing reasons for such
56placement. Except as provided in s. 790.22(8) or in subparagraph
57(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
58(10)(d), when a child is placed into secure or nonsecure
59detention care, or into a respite home or other placement
60pursuant to a court order following a hearing, the court order
61must include specific instructions that direct the release of
62the child from such placement no later than 5 p.m. on the last
63day of the detention period specified in paragraph (5)(b) or
64paragraph (5)(c), or subparagraph (10)(a)1., whichever is
65applicable, unless the requirements of such applicable provision
66have been met or an order of continuance has been granted
67pursuant to paragraph (5)(f).
68     Section 2.  Paragraph (a) of subsection (1) of section
69985.231, Florida Statutes, is amended to read:
70     985.231  Powers of disposition in delinquency cases.--
71     (1)(a)  The court that has jurisdiction of an adjudicated
72delinquent child may, by an order stating the facts upon which a
73determination of a sanction and rehabilitative program was made
74at the disposition hearing:
75     1.  Place the child in a probation program or a
76postcommitment probation program under the supervision of an
77authorized agent of the department or of any other person or
78agency specifically authorized and appointed by the court,
79whether in the child's own home, in the home of a relative of
80the child, or in some other suitable place under such reasonable
81conditions as the court may direct. A probation program for an
82adjudicated delinquent child must include a penalty component
83such as restitution in money or in kind, community service, a
84curfew, revocation or suspension of the driver's license of the
85child, or other nonresidential punishment appropriate to the
86offense and must also include a rehabilitative program component
87such as a requirement of participation in substance abuse
88treatment or in school or other educational program. If the
89child is attending or is eligible to attend public school and
90the court finds that the victim or a sibling of the victim in
91the case is attending or may attend the same school as the
92child, the court placement order shall include a finding
93pursuant to the proceedings described in s. 985.23(1)(d). Upon
94the recommendation of the department at the time of disposition,
95or subsequent to disposition pursuant to the filing of a
96petition alleging a violation of the child's conditions of
97postcommitment probation, the court may order the child to
98submit to random testing for the purpose of detecting and
99monitoring the use of alcohol or controlled substances.
100     a.  A classification scale for levels of supervision shall
101be provided by the department, taking into account the child's
102needs and risks relative to probation supervision requirements
103to reasonably ensure the public safety. Probation programs for
104children shall be supervised by the department or by any other
105person or agency specifically authorized by the court. These
106programs must include, but are not limited to, structured or
107restricted activities as described in this subparagraph, and
108shall be designed to encourage the child toward acceptable and
109functional social behavior. If supervision or a program of
110community service is ordered by the court, the duration of such
111supervision or program must be consistent with any treatment and
112rehabilitation needs identified for the child and may not exceed
113the term for which sentence could be imposed if the child were
114committed for the offense, except that the duration of such
115supervision or program for an offense that is a misdemeanor of
116the second degree, or is equivalent to a misdemeanor of the
117second degree, may be for a period not to exceed 6 months. When
118restitution is ordered by the court, the amount of restitution
119may not exceed an amount the child and the parent or guardian
120could reasonably be expected to pay or make. A child who
121participates in any work program under this part is considered
122an employee of the state for purposes of liability, unless
123otherwise provided by law.
124     b.  The court may conduct judicial review hearings for a
125child placed on probation for the purpose of fostering
126accountability to the judge and compliance with other
127requirements, such as restitution and community service. The
128court may allow early termination of probation for a child who
129has substantially complied with the terms and conditions of
130probation.
131     c.  If the conditions of the probation program or the
132postcommitment probation program are violated, the department or
133the state attorney may bring the child before the court on a
134petition alleging a violation of the program. Any child who
135violates the conditions of probation or postcommitment probation
136must be brought before the court if sanctions are sought. A
137child taken into custody under s. 985.207 for violating the
138conditions of probation or postcommitment probation shall be
139held in a consequence unit if such a unit is available. The
140child shall be afforded a hearing within 24 hours after being
141taken into custody to determine the existence of probable cause
142that the child violated the conditions of probation or
143postcommitment probation. A consequence unit is a secure
144facility specifically designated by the department for children
145who are taken into custody under s. 985.207 for violating
146probation or postcommitment probation, or who have been found by
147the court to have violated the conditions of probation or
148postcommitment probation. If the violation involves a new charge
149of delinquency, the child may be detained under s. 985.215 in a
150facility other than a consequence unit. If the child is not
151eligible for detention for the new charge of delinquency, the
152child may be held in the consequence unit pending a hearing and
153is subject to the time limitations specified in s. 985.215. If
154the child denies violating the conditions of probation or
155postcommitment probation, the court shall appoint counsel to
156represent the child at the child's request. Upon the child's
157admission, or if the court finds after a hearing that the child
158has violated the conditions of probation or postcommitment
159probation, the court shall enter an order revoking, modifying,
160or continuing probation or postcommitment probation. In each
161such case, the court shall enter a new disposition order and, in
162addition to the sanctions set forth in this paragraph, may
163impose any sanction the court could have imposed at the original
164disposition hearing. If the child is found to have violated the
165conditions of probation or postcommitment probation, the court
166may:
167     (I)  Place the child in a consequence unit in that judicial
168circuit, if available, for up to 5 days for a first violation,
169and up to 15 days for a second or subsequent violation, or, if a
170consequence unit is not available, the court may place the child
171on home detention, which shall, subject to legislative
172appropriation, include electronic monitoring.
173     (II)  Place the child on home detention with electronic
174monitoring. However, this sanction may be used only if a
175residential consequence unit is not available.
176     (II)(III)  Modify or continue the child's probation program
177or postcommitment probation program.
178     (III)(IV)  Revoke probation or postcommitment probation and
179commit the child to the department.
180     d.  Notwithstanding s. 743.07 and paragraph (d), and except
181as provided in s. 985.31, the term of any order placing a child
182in a probation program must be until the child's 19th birthday
183unless he or she is released by the court, on the motion of an
184interested party or on its own motion.
185     2.  Commit the child to a licensed child-caring agency
186willing to receive the child, but the court may not commit the
187child to a jail or to a facility used primarily as a detention
188center or facility or shelter.
189     3.  Commit the child to the department at a restrictiveness
190level defined in s. 985.03. Such commitment must be for the
191purpose of exercising active control over the child, including,
192but not limited to, custody, care, training, urine monitoring,
193and treatment of the child and release of the child from
194residential commitment into the community in a postcommitment
195nonresidential conditional release program. If the child is
196eligible to attend public school following commitment and the
197court finds that the victim or a sibling of the victim in the
198case is or may be attending the same school as the child, the
199commitment order shall include a finding pursuant to the
200proceedings described in s. 985.23(1)(d). If the child is not
201successful in the conditional release program, the department
202may use the transfer procedure under s. 985.404. Notwithstanding
203s. 743.07 and paragraph (d), and except as provided in s.
204985.31, the term of the commitment must be until the child is
205discharged by the department or until he or she reaches the age
206of 21.
207     4.  Revoke or suspend the driver's license of the child.
208     5.  Require the child and, if the court finds it
209appropriate, the child's parent or guardian together with the
210child, to render community service in a public service program.
211     6.  As part of the probation program to be implemented by
212the department, or, in the case of a committed child, as part of
213the community-based sanctions ordered by the court at the
214disposition hearing or before the child's release from
215commitment, order the child to make restitution in money,
216through a promissory note cosigned by the child's parent or
217guardian, or in kind for any damage or loss caused by the
218child's offense in a reasonable amount or manner to be
219determined by the court. The clerk of the circuit court shall be
220the receiving and dispensing agent. In such case, the court
221shall order the child or the child's parent or guardian to pay
222to the office of the clerk of the circuit court an amount not to
223exceed the actual cost incurred by the clerk as a result of
224receiving and dispensing restitution payments. The clerk shall
225notify the court if restitution is not made, and the court shall
226take any further action that is necessary against the child or
227the child's parent or guardian. A finding by the court, after a
228hearing, that the parent or guardian has made diligent and good
229faith efforts to prevent the child from engaging in delinquent
230acts absolves the parent or guardian of liability for
231restitution under this subparagraph.
232     7.  Order the child and, if the court finds it appropriate,
233the child's parent or guardian together with the child, to
234participate in a community work project, either as an
235alternative to monetary restitution or as part of the
236rehabilitative or probation program.
237     8.  Commit the child to the department for placement in a
238program or facility for serious or habitual juvenile offenders
239in accordance with s. 985.31. Any commitment of a child to a
240program or facility for serious or habitual juvenile offenders
241must be for an indeterminate period of time, but the time may
242not exceed the maximum term of imprisonment that an adult may
243serve for the same offense. The court may retain jurisdiction
244over such child until the child reaches the age of 21,
245specifically for the purpose of the child completing the
246program.
247     9.  In addition to the sanctions imposed on the child,
248order the parent or guardian of the child to perform community
249service if the court finds that the parent or guardian did not
250make a diligent and good faith effort to prevent the child from
251engaging in delinquent acts. The court may also order the parent
252or guardian to make restitution in money or in kind for any
253damage or loss caused by the child's offense. The court shall
254determine a reasonable amount or manner of restitution, and
255payment shall be made to the clerk of the circuit court as
256provided in subparagraph 6.
257     10.  Subject to specific appropriation, commit the juvenile
258sexual offender to the department for placement in a program or
259facility for juvenile sexual offenders in accordance with s.
260985.308. Any commitment of a juvenile sexual offender to a
261program or facility for juvenile sexual offenders must be for an
262indeterminate period of time, but the time may not exceed the
263maximum term of imprisonment that an adult may serve for the
264same offense. The court may retain jurisdiction over a juvenile
265sexual offender until the juvenile sexual offender reaches the
266age of 21, specifically for the purpose of completing the
267program.
268     Section 3.  Paragraph (a) of subsection (1) of section
269985.31, Florida Statutes, is amended to read:
270     985.31  Serious or habitual juvenile offender.--
271     (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
272provisions of this chapter and the establishment of appropriate
273program guidelines and standards, contractual instruments, which
274shall include safeguards of all constitutional rights, shall be
275developed as follows:
276     (a)  The department shall provide for:
277     1.  The oversight of implementation of assessment and
278treatment approaches.
279     2.  The identification and prequalification of appropriate
280individuals or not-for-profit organizations, including minority
281individuals or organizations when possible, to provide
282assessment and treatment services to serious or habitual
283delinquent children.
284     3.  The monitoring and evaluation of assessment and
285treatment services for compliance with the provisions of this
286chapter and all applicable rules and guidelines pursuant
287thereto.
288     4.  The development of an annual report on the performance
289of assessment and treatment to be presented to the Governor, the
290Attorney General, the President of the Senate, the Speaker of
291the House of Representatives, and the Auditor General no later
292than January 1 of each year.
293     Section 4.  Paragraph (a) of subsection (1) of section
294985.311, Florida Statutes, is amended to read:
295     985.311  Intensive residential treatment program for
296offenders less than 13 years of age.--
297     (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
298provisions of this chapter and the establishment of appropriate
299program guidelines and standards, contractual instruments, which
300shall include safeguards of all constitutional rights, shall be
301developed for intensive residential treatment programs for
302offenders less than 13 years of age as follows:
303     (a)  The department shall provide for:
304     1.  The oversight of implementation of assessment and
305treatment approaches.
306     2.  The identification and prequalification of appropriate
307individuals or not-for-profit organizations, including minority
308individuals or organizations when possible, to provide
309assessment and treatment services to intensive offenders less
310than 13 years of age.
311     3.  The monitoring and evaluation of assessment and
312treatment services for compliance with the provisions of this
313chapter and all applicable rules and guidelines pursuant
314thereto.
315     4.  The development of an annual report on the performance
316of assessment and treatment to be presented to the Governor, the
317Attorney General, the President of the Senate, the Speaker of
318the House of Representatives, the Auditor General, and the
319Office of Program Policy Analysis and Government Accountability
320no later than January 1 of each year.
321     Section 5.  Section 985.3141, Florida Statutes, is amended
322to read:
323     985.3141  Escapes from secure detention or residential
324commitment facility.--An escape from:
325     (1)  Any secure detention facility maintained for the
326temporary detention of children, pending adjudication,
327disposition, or placement;
328     (2)  Any residential commitment facility described in s.
329985.03(46), maintained for the custody, treatment, punishment,
330or rehabilitation of children found to have committed delinquent
331acts or violations of law; or
332     (3)  Lawful transportation to or from any such secure
333detention facility or residential commitment facility,
334
335constitutes escape within the intent and meaning of s. 944.40
336and is a felony of the third degree, punishable as provided in
337s. 775.082, s. 775.083, or s. 775.084. For purposes of this
338section, escape from a residential commitment facility as
339provided for in subsection (2) includes a youth's willful
340failure to return to a residential commitment facility within
341the time authorized for a temporary release.
342     Section 6.  Subsection (5) of section 985.317, Florida
343Statutes, is amended to read:
344     985.317  Literacy programs for juvenile offenders.--
345     (5)  EVALUATION AND REPORT.--The department, in
346consultation with the Department of Education, shall develop and
347implement an evaluation of the literacy program in order to
348determine the impact of the programs on recidivism. The
349department shall submit an annual report on the implementation
350and progress of the programs to the President of the Senate and
351the Speaker of the House of Representatives by January 1 of each
352year.
353     Section 7.  This act shall take effect July 1, 2006.


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