| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; amending s. 394.492, |
| 3 | F.S.; including children 9 years of age or younger at the |
| 4 | time of referral for delinquency within the definition of |
| 5 | those children who are eligible to receive comprehensive |
| 6 | mental health services; amending s. 984.03, F.S.; |
| 7 | redefining the term "child in need of services" to provide |
| 8 | that a child is eligible to receive comprehensive services |
| 9 | if the child is 9 years of age or younger at the time of |
| 10 | referral for delinquency; amending s. 985.02, F.S.; |
| 11 | providing additional legislative findings and intent; |
| 12 | directing the Department of Juvenile Justice to focus on |
| 13 | the principles of restorative justice; requiring that the |
| 14 | department direct services toward at-risk children in |
| 15 | order to divert them from the juvenile justice system; |
| 16 | amending s. 985.03, F.S.; redefining the term "child in |
| 17 | need of services" to provide that a child is eligible to |
| 18 | receive comprehensive services if the child is 9 years of |
| 19 | age or younger at the time of referral for delinquency; |
| 20 | creating s. 985.031, F.S.; authorizing the circuit court |
| 21 | to set reasonable conditions of preadjudicatory release |
| 22 | for children charged with specified acts or who have |
| 23 | previously been charged with or committed delinquent acts; |
| 24 | providing examples of such conditions; amending s. |
| 25 | 985.125, F.S.; encouraging law enforcement agencies, |
| 26 | school districts, counties, municipalities and the |
| 27 | Department of Juvenile Justice to establish prearrest or |
| 28 | postarrest diversion programs for first-time misdemeanor |
| 29 | offenders who are 9 years of age or younger; amending s. |
| 30 | 985.245, F.S.; modifying the size and composition of the |
| 31 | risk assessment committee; requiring that the risk |
| 32 | assessment instrument be independently validated; amending |
| 33 | s. 985.664, F.S.; authorizing each juvenile justice |
| 34 | circuit board to increase the number of board members from |
| 35 | three to five; amending s. 985.43, F.S.; providing a |
| 36 | legislative declaration concerning the determination |
| 37 | whether to commit a juvenile to the department and the |
| 38 | most appropriate placement level if the juvenile is |
| 39 | committed; amending s. 985.433, F.S.; revising provisions |
| 40 | relating to recommendations by probation officers to the |
| 41 | court concerning placement and any proposed treatment plan |
| 42 | of juveniles; requiring that reasons for a disposition be |
| 43 | stated for the record; providing an effective date. |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Paragraph (i) is added to subsection (4) of |
| 48 | section 394.492, Florida Statutes, to read: |
| 49 | 394.492 Definitions.--As used in ss. 394.490-394.497, the |
| 50 | term: |
| 51 | (4) "Child or adolescent at risk of emotional disturbance" |
| 52 | means a person under 18 years of age who has an increased |
| 53 | likelihood of becoming emotionally disturbed because of risk |
| 54 | factors that include, but are not limited to: |
| 55 | (i) Being 9 years of age or younger at the time of |
| 56 | referral for committing a delinquent act. |
| 57 | Section 2. Subsection (9) of section 984.03, Florida |
| 58 | Statutes, is amended to read: |
| 59 | 984.03 Definitions.--When used in this chapter, the term: |
| 60 | (9) "Child in need of services" means a child for whom |
| 61 | there is no pending investigation into an allegation or |
| 62 | suspicion of abuse, neglect, or abandonment; no pending referral |
| 63 | alleging the child is delinquent, except for a child 9 years of |
| 64 | age or younger who is referred to the department; or no current |
| 65 | supervision by the department of Juvenile Justice or the |
| 66 | Department of Children and Family Services for an adjudication |
| 67 | of dependency or delinquency. The child must also, pursuant to |
| 68 | this chapter, be found by the court: |
| 69 | (a) To have persistently run away from the child's parents |
| 70 | or legal custodians despite reasonable efforts of the child, the |
| 71 | parents or legal custodians, and appropriate agencies to remedy |
| 72 | the conditions contributing to the behavior. Reasonable efforts |
| 73 | shall include voluntary participation by the child's parents or |
| 74 | legal custodians and the child in family mediation, services, |
| 75 | and treatment offered by the department of Juvenile Justice or |
| 76 | the Department of Children and Family Services; |
| 77 | (b) To be habitually truant from school, while subject to |
| 78 | compulsory school attendance, despite reasonable efforts to |
| 79 | remedy the situation pursuant to ss. 1003.26 and 1003.27 and |
| 80 | through voluntary participation by the child's parents or legal |
| 81 | custodians and by the child in family mediation, services, and |
| 82 | treatment offered by the department of Juvenile Justice or the |
| 83 | Department of Children and Family Services; or |
| 84 | (c) To have persistently disobeyed the reasonable and |
| 85 | lawful demands of the child's parents or legal custodians, and |
| 86 | to be beyond their control despite efforts by the child's |
| 87 | parents or legal custodians and appropriate agencies to remedy |
| 88 | the conditions contributing to the behavior. Reasonable efforts |
| 89 | may include such things as good faith participation in family or |
| 90 | individual counseling; or |
| 91 | (d) To be 9 years of age or younger and have been referred |
| 92 | to the department for committing a delinquent act. |
| 93 | Section 3. Subsections (9), (10), and (11) are added to |
| 94 | section 985.02, Florida Statutes, to read: |
| 95 | 985.02 Legislative intent for the juvenile justice |
| 96 | system.-- |
| 97 | (9) CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature |
| 98 | finds that very young children need age-appropriate services in |
| 99 | order to prevent and reduce future acts of delinquency. Children |
| 100 | who are 9 years of age or younger, who have been determined by |
| 101 | the court to pose no danger to the community and are unlikely to |
| 102 | recidivate, should be diverted into prearrest or postarrest |
| 103 | programs, civil citation programs, or children-in-need-of- |
| 104 | services and families-in-need-of-services programs, as |
| 105 | appropriate. If, following a needs assessment, the child is |
| 106 | found to be in need of mental health services or substance abuse |
| 107 | treatment services, the department shall cooperate with the |
| 108 | Department of Children and Family Services to provide the most |
| 109 | appropriate services for the child. |
| 110 | (10) RESTORATIVE JUSTICE.-- |
| 111 | (a) It is the intent of the Legislature that the juvenile |
| 112 | justice system advance the principles of restorative justice. |
| 113 | The department shall focus on repairing the harm to victims of |
| 114 | delinquent behavior, ensuring that the child understands the |
| 115 | effect of his or her delinquent behavior on the victim and the |
| 116 | community, and restoring the loss suffered by the victim. The |
| 117 | department shall ensure that victims of juvenile crime are |
| 118 | afforded all rights as enumerated in the State Constitution, |
| 119 | chapter 960, and this chapter. |
| 120 | (b) Offender accountability is one of the basic principles |
| 121 | of restorative justice. The premise of this principle is that |
| 122 | the juvenile justice system must respond to delinquent behavior |
| 123 | in such a way that the offender is made aware of and takes |
| 124 | responsibility for repaying or restoring loss, damage, or injury |
| 125 | to the victim and the community. This goal is achieved when the |
| 126 | offender understands the consequences of delinquent behavior in |
| 127 | terms of harm to others, and when the offender compensates for |
| 128 | the harm, loss, or damage through restitution, community |
| 129 | service, or other appropriate payback. |
| 130 | (11) IMPLEMENTATION OF PREVENTION AND DIVERSION |
| 131 | INITIATIVES.--The Legislature finds that the leadership role of |
| 132 | community stakeholders and citizens is invaluable to any effort |
| 133 | aimed at reducing juvenile delinquency and of the contact of at- |
| 134 | risk youth with the juvenile justice system. Services must be |
| 135 | directed toward youth who reside in communities that generate |
| 136 | the most juvenile delinquency referrals to the juvenile justice |
| 137 | system. Prevention and diversion initiatives serve at-risk youth |
| 138 | best when facilitated by community or faith-based organizations |
| 139 | that do not benefit financially from the delivery or |
| 140 | facilitation of these services, and which are designed to |
| 141 | prevent at-risk youth from entering the justice system. State |
| 142 | entities that comprise the justice system are encouraged to |
| 143 | maintain an active role in supporting the localized planning and |
| 144 | implementation efforts of community organizations which seek to |
| 145 | reduce juvenile delinquency. For purposes of this subsection, |
| 146 | term "at-risk youth" means that identified portion of |
| 147 | adjudicated youth who, whether based on age, gender, ethnicity, |
| 148 | or socioeconomic status, are numerically overrepresented in the |
| 149 | juvenile justice system. For the purpose of this subsection, the |
| 150 | term "overrepresented" means a condition whereby a larger |
| 151 | proportion of a particular group is present at various stages of |
| 152 | the juvenile justice system than would be expected based on the |
| 153 | percentage of youth in the state's overall youth population. |
| 154 | Section 4. Subsection (7) of section 985.03, Florida |
| 155 | Statutes, is amended to read: |
| 156 | 985.03 Definitions.--As used in this chapter, the term: |
| 157 | (7) "Child in need of services" means a child for whom |
| 158 | there is no pending investigation into an allegation or |
| 159 | suspicion of abuse, neglect, or abandonment; no pending referral |
| 160 | alleging the child is delinquent, except for a child 9 years of |
| 161 | age or younger who is referred to the department; or no current |
| 162 | supervision by the department or the Department of Children and |
| 163 | Family Services for an adjudication of dependency or |
| 164 | delinquency. The child must also, under this chapter, be found |
| 165 | by the court: |
| 166 | (a) To have persistently run away from the child's parents |
| 167 | or legal custodians despite reasonable efforts of the child, the |
| 168 | parents or legal custodians, and appropriate agencies to remedy |
| 169 | the conditions contributing to the behavior. Reasonable efforts |
| 170 | shall include voluntary participation by the child's parents or |
| 171 | legal custodians and the child in family mediation, services, |
| 172 | and treatment offered by the department or the Department of |
| 173 | Children and Family Services; |
| 174 | (b) To be habitually truant from school, while subject to |
| 175 | compulsory school attendance, despite reasonable efforts to |
| 176 | remedy the situation under ss. 1003.26 and 1003.27 and through |
| 177 | voluntary participation by the child's parents or legal |
| 178 | custodians and by the child in family mediation, services, and |
| 179 | treatment offered by the department of Juvenile Justice or the |
| 180 | Department of Children and Family Services; or |
| 181 | (c) To have persistently disobeyed the reasonable and |
| 182 | lawful demands of the child's parents or legal custodians, and |
| 183 | to be beyond their control despite efforts by the child's |
| 184 | parents or legal custodians and appropriate agencies to remedy |
| 185 | the conditions contributing to the behavior. Reasonable efforts |
| 186 | may include such things as good faith participation in family or |
| 187 | individual counseling; or |
| 188 | (d) To be 9 years of age or younger and have been referred |
| 189 | to the department for committing a delinquent act. |
| 190 | Section 5. Section 985.031, Florida Statutes, is created |
| 191 | to read: |
| 192 | 985.031 Preadjudicatory release; circuit court |
| 193 | authority.--The circuit court shall have the authority to set |
| 194 | reasonable conditions of preadjudicatory release for a child |
| 195 | charged with the commission of a delinquent act which |
| 196 | constitutes a felony or when the child has previously been |
| 197 | charged with or found to have committed, regardless of |
| 198 | adjudication, a delinquent act. The child shall comply with all |
| 199 | such preadjudicatory release conditions prior to an adjudicatory |
| 200 | hearing. Reasonable conditions of preadjudicatory release may |
| 201 | include, but are not limited to, the following: |
| 202 | (1) The child shall not engage in a violation of law. |
| 203 | (2) The child shall not possess or carry any weapon. |
| 204 | (3) The child shall not possess or use any alcoholic |
| 205 | beverage or illegal drug or associate with those who are |
| 206 | currently possessing or using any alcoholic beverage or illegal |
| 207 | drug. |
| 208 | (4) The child shall obey all reasonable household rules. |
| 209 | (5) The child shall attend school regularly, including all |
| 210 | classes. |
| 211 | (6) The child shall abide by the curfew set by his or her |
| 212 | parents or guardians, or as set by the court. |
| 213 | (7) The child shall have no contact with any codefendants, |
| 214 | an alleged victim, or the family of any alleged victim. |
| 215 | (8) The child shall not return to the scene of the alleged |
| 216 | crime, unless approved by the court. |
| 217 | Section 6. Subsection (1) of section 985.125, Florida |
| 218 | Statutes, is amended to read: |
| 219 | 985.125 Prearrest or postarrest diversion programs.-- |
| 220 | (1) A law enforcement agency, or school district, county, |
| 221 | municipality, or the department, in cooperation with the state |
| 222 | attorney, is encouraged to may establish a prearrest or |
| 223 | postarrest diversion programs for first-time misdemeanor |
| 224 | offenders and offenders who are 9 years of age or younger |
| 225 | program. |
| 226 | Section 7. Subsection (2) of section 985.245, Florida |
| 227 | Statutes, is amended to read: |
| 228 | 985.245 Risk assessment instrument.-- |
| 229 | (2)(a) The risk assessment instrument for detention care |
| 230 | placement determinations and court orders shall be developed by |
| 231 | the department in agreement with a committee composed of two |
| 232 | representatives appointed by the following associations: the |
| 233 | Conference of Circuit Judges of Florida, the Prosecuting |
| 234 | Attorneys Association, the Public Defenders Association, the |
| 235 | Florida Sheriffs Association, and the Florida Association of |
| 236 | Chiefs of Police. Each association shall appoint two |
| 237 | individuals, one representing an urban area and one representing |
| 238 | a rural area. The committee must also include two |
| 239 | representatives from child advocacy organizations appointed by |
| 240 | the secretary of the department. The parties involved shall |
| 241 | evaluate and revise the risk assessment instrument as is |
| 242 | considered necessary using the method for revision as agreed by |
| 243 | the parties. |
| 244 | (b) The risk assessment instrument shall take into |
| 245 | consideration, but need not be limited to, prior history of |
| 246 | failure to appear, prior offenses, offenses committed pending |
| 247 | adjudication, any unlawful possession of a firearm, theft of a |
| 248 | motor vehicle or possession of a stolen motor vehicle, and |
| 249 | probation status at the time the child is taken into custody. |
| 250 | The risk assessment instrument shall also take into |
| 251 | consideration appropriate aggravating and mitigating |
| 252 | circumstances, and shall be designed to identify target a |
| 253 | narrower population of children than the population identified |
| 254 | under s. 985.255. The risk assessment instrument shall also |
| 255 | include any information concerning the child's history of abuse |
| 256 | and neglect. The risk assessment shall indicate whether |
| 257 | detention care is warranted, and, if detention care is |
| 258 | warranted, whether the child should be placed into secure, |
| 259 | nonsecure, or home detention care. |
| 260 | (c) The risk assessment instrument shall be independently |
| 261 | validated. The department shall review the population, policies, |
| 262 | and procedures affecting the use of detention every 7 years and |
| 263 | determine the necessity of revalidating the risk assessment |
| 264 | instrument. Validation shall include an assessment of the |
| 265 | effectiveness of the instrument's ability to measure the risk |
| 266 | that the child will commit a repeat offense or fail to appear |
| 267 | for court proceedings. The risk assessment instrument shall also |
| 268 | be evaluated to determine if the instrument contributes to |
| 269 | disproportionate minority contact. |
| 270 | Section 8. Subsection (8) of section 985.664, Florida |
| 271 | Statutes, is amended to read: |
| 272 | 985.664 Juvenile justice circuit boards and juvenile |
| 273 | justice county councils.-- |
| 274 | (8) At any time after the adoption of initial bylaws |
| 275 | pursuant to subsection (12), a juvenile justice circuit board |
| 276 | may revise the bylaws to increase the number of members by not |
| 277 | more than five three in order to adequately reflect the |
| 278 | diversity of the population and community organizations or |
| 279 | agencies in the circuit. |
| 280 | Section 9. Subsection (4) is added to section 985.43, |
| 281 | Florida Statutes, to read: |
| 282 | 985.43 Predisposition reports; other evaluations.-- |
| 283 | (4) The Legislature finds that the court is in the best |
| 284 | position to weigh all facts and circumstances to determine |
| 285 | whether or not to commit a juvenile to the department and to |
| 286 | determine the most appropriate restrictiveness level for a |
| 287 | juvenile committed to the department. |
| 288 | Section 10. Paragraphs (a) and (b) of subsection (7) of |
| 289 | section 985.433, Florida Statutes, are amended to read: |
| 290 | 985.433 Disposition hearings in delinquency cases.--When a |
| 291 | child has been found to have committed a delinquent act, the |
| 292 | following procedures shall be applicable to the disposition of |
| 293 | the case: |
| 294 | (7) If the court determines that the child should be |
| 295 | adjudicated as having committed a delinquent act and should be |
| 296 | committed to the department, such determination shall be in |
| 297 | writing or on the record of the hearing. The determination shall |
| 298 | include a specific finding of the reasons for the decision to |
| 299 | adjudicate and to commit the child to the department, including |
| 300 | any determination that the child was a member of a criminal |
| 301 | gang. |
| 302 | (a) The juvenile probation officer shall make a |
| 303 | recommendation to the court concerning placement and any |
| 304 | proposed treatment plan recommend to the court the most |
| 305 | appropriate placement and treatment plan, specifically |
| 306 | identifying the restrictiveness level most appropriate for the |
| 307 | child. If the court has determined that the child was a member |
| 308 | of a criminal gang, that determination shall be given great |
| 309 | weight in identifying the most appropriate restrictiveness level |
| 310 | for the child. The court shall consider the department's |
| 311 | recommendation in making its commitment decision. |
| 312 | (b) The court may shall commit the child to the department |
| 313 | at the restrictiveness level identified by the department, or |
| 314 | the court may order placement at a different restrictiveness |
| 315 | level. The court may determine the disposition on the same |
| 316 | factors as the department considered in the department's |
| 317 | predisposition report and placement recommendation even if the |
| 318 | court reaches a different conclusion. The court may commit the |
| 319 | child to a different restrictiveness level than recommended by |
| 320 | the department. The court shall state for the record the reasons |
| 321 | for the disposition imposed that establish by a preponderance of |
| 322 | the evidence why the court is disregarding the assessment of the |
| 323 | child and the restrictiveness level recommended by the |
| 324 | department. Any party may appeal the court's findings resulting |
| 325 | in a modified level of restrictiveness under this paragraph. The |
| 326 | department shall maintain data to identify the extent to which |
| 327 | the courts agree with the department's recommendation. |
| 328 | Section 11. This act shall take effect July 1, 2009. |