CS/CS/HB 1211

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 394.492,
3F.S.; including children 9 years of age or younger at the
4time of referral for delinquency within the definition of
5those children who are eligible to receive comprehensive
6mental health services; amending s. 984.03, F.S.;
7redefining the term "child in need of services" to provide
8that a child is eligible to receive comprehensive services
9if the child is 9 years of age or younger at the time of
10referral for delinquency; amending s. 985.02, F.S.;
11providing additional legislative findings and intent;
12directing the Department of Juvenile Justice to focus on
13the principles of restorative justice; requiring the
14department to examine and revise its strategies, policies,
15and practices to ensure that all youth are treated
16equally, without jeopardizing public safety; amending s.
17985.03, F.S.; redefining the term "child in need of
18services" to provide that a child is eligible to receive
19comprehensive services if the child is 9 years of age or
20younger at the time of referral for delinquency; amending
21s. 985.125, F.S.; encouraging law enforcement agencies,
22school districts, counties, municipalities and the
23Department of Juvenile Justice to establish prearrest or
24postarrest diversion programs for first-time misdemeanor
25offenders who are 9 years of age or younger; amending s.
26985.245, F.S.; modifying the size and composition of the
27risk assessment committee; requiring that the risk
28assessment instrument be independently validated; amending
29s. 985.664, F.S.; authorizing each juvenile justice
30circuit board to increase the number of board members from
31three to five; amending s. 985.43, F.S.; providing a
32legislative declaration concerning the determination
33whether to commit a juvenile to the department and the
34most appropriate placement level if the juvenile is
35committed; amending s. 985.433, F.S.; revising provisions
36relating to recommendations by probation officers to the
37court concerning placement and any proposed treatment plan
38of juveniles; requiring that reasons for a disposition be
39stated for the record; providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Paragraph (i) is added to subsection (4) of
44section 394.492, Florida Statutes, to read:
45     394.492  Definitions.--As used in ss. 394.490-394.497, the
46term:
47     (4)  "Child or adolescent at risk of emotional disturbance"
48means a person under 18 years of age who has an increased
49likelihood of becoming emotionally disturbed because of risk
50factors that include, but are not limited to:
51     (i)  Being 9 years of age or younger at the time of
52referral for committing a delinquent act.
53     Section 2.  Subsection (9) of section 984.03, Florida
54Statutes, is amended to read:
55     984.03  Definitions.--When used in this chapter, the term:
56     (9)  "Child in need of services" means a child for whom
57there is no pending investigation into an allegation or
58suspicion of abuse, neglect, or abandonment; no pending referral
59alleging the child is delinquent, except for a child 9 years of
60age or younger who is referred to the department; or no current
61supervision by the department of Juvenile Justice or the
62Department of Children and Family Services for an adjudication
63of dependency or delinquency. The child must also, pursuant to
64this chapter, be found by the court:
65     (a)  To have persistently run away from the child's parents
66or legal custodians despite reasonable efforts of the child, the
67parents or legal custodians, and appropriate agencies to remedy
68the conditions contributing to the behavior. Reasonable efforts
69shall include voluntary participation by the child's parents or
70legal custodians and the child in family mediation, services,
71and treatment offered by the department of Juvenile Justice or
72the Department of Children and Family Services;
73     (b)  To be habitually truant from school, while subject to
74compulsory school attendance, despite reasonable efforts to
75remedy the situation pursuant to ss. 1003.26 and 1003.27 and
76through voluntary participation by the child's parents or legal
77custodians and by the child in family mediation, services, and
78treatment offered by the department of Juvenile Justice or the
79Department of Children and Family Services; or
80     (c)  To have persistently disobeyed the reasonable and
81lawful demands of the child's parents or legal custodians, and
82to be beyond their control despite efforts by the child's
83parents or legal custodians and appropriate agencies to remedy
84the conditions contributing to the behavior. Reasonable efforts
85may include such things as good faith participation in family or
86individual counseling; or
87     (d)  To be 9 years of age or younger and have been referred
88to the department for committing a delinquent act.
89     Section 3.  Subsections (9), (10), and (11) are added to
90section 985.02, Florida Statutes, to read:
91     985.02  Legislative intent for the juvenile justice
92system.--
93     (9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.--The Legislature
94finds that very young children need age-appropriate services in
95order to prevent and reduce future acts of delinquency. Children
96who are 9 years of age or younger, who have been determined by
97the court to pose no danger to the community and are unlikely to
98recidivate, should be diverted into prearrest or postarrest
99programs, civil citation programs, or children-in-need-of-
100services and families-in-need-of-services programs, as
101appropriate. If, following a needs assessment, the child is
102found to be in need of mental health services or substance abuse
103treatment services, the department shall cooperate with the
104child's parent, custodian, or legal guardian and the Department
105of Children and Family Services, as appropriate, to identify the
106most appropriate services and supports and available funding
107sources to meet the needs of the child.
108     (10)  RESTORATIVE JUSTICE.--
109     (a)  It is the intent of the Legislature that the juvenile
110justice system advance the principles of restorative justice.
111The department shall focus on repairing the harm to victims of
112delinquent behavior, ensuring that the child understands the
113effect of his or her delinquent behavior on the victim and the
114community, and restoring the loss suffered by the victim. The
115department shall ensure that victims of juvenile crime are
116afforded all rights as enumerated in the State Constitution,
117chapter 960, and this chapter.
118     (b)  Offender accountability is one of the basic principles
119of restorative justice. The premise of this principle is that
120the juvenile justice system must respond to delinquent behavior
121in such a way that the offender is made aware of and takes
122responsibility for repaying or restoring loss, damage, or injury
123to the victim and the community. This goal is achieved when the
124offender understands the consequences of delinquent behavior in
125terms of harm to others, and when the offender compensates for
126the harm, loss, or damage through restitution, community
127service, or other appropriate payback.
128     (11)  EQUAL TREATMENT OF YOUTH.--The department shall
129examine and, if necessary, revise its strategies, policies, and
130practices to ensure that all youth are treated equally,
131regardless of their gender, ethnicity, or socioeconomic status,
132without jeopardizing public safety. The department shall solicit
133input from community stakeholders and affected citizens to
134assist in the modification of strategies, policies, and
135practices to ensure equal treatment.
136     Section 4.  Subsection (7) of section 985.03, Florida
137Statutes, is amended to read:
138     985.03  Definitions.--As used in this chapter, the term:
139     (7)  "Child in need of services" means a child for whom
140there is no pending investigation into an allegation or
141suspicion of abuse, neglect, or abandonment; no pending referral
142alleging the child is delinquent, except for a child 9 years of
143age or younger who is referred to the department; or no current
144supervision by the department or the Department of Children and
145Family Services for an adjudication of dependency or
146delinquency. The child must also, under this chapter, be found
147by the court:
148     (a)  To have persistently run away from the child's parents
149or legal custodians despite reasonable efforts of the child, the
150parents or legal custodians, and appropriate agencies to remedy
151the conditions contributing to the behavior. Reasonable efforts
152shall include voluntary participation by the child's parents or
153legal custodians and the child in family mediation, services,
154and treatment offered by the department or the Department of
155Children and Family Services;
156     (b)  To be habitually truant from school, while subject to
157compulsory school attendance, despite reasonable efforts to
158remedy the situation under ss. 1003.26 and 1003.27 and through
159voluntary participation by the child's parents or legal
160custodians and by the child in family mediation, services, and
161treatment offered by the department of Juvenile Justice or the
162Department of Children and Family Services; or
163     (c)  To have persistently disobeyed the reasonable and
164lawful demands of the child's parents or legal custodians, and
165to be beyond their control despite efforts by the child's
166parents or legal custodians and appropriate agencies to remedy
167the conditions contributing to the behavior. Reasonable efforts
168may include such things as good faith participation in family or
169individual counseling; or
170     (d)  To be 9 years of age or younger and have been referred
171to the department for committing a delinquent act.
172     Section 5.  Subsection (1) of section 985.125, Florida
173Statutes, is amended to read:
174     985.125  Prearrest or postarrest diversion programs.--
175     (1)  A law enforcement agency, or school district, county,
176municipality, or the department, in cooperation with the state
177attorney, is encouraged to may establish a prearrest or
178postarrest diversion programs for first-time misdemeanor
179offenders and offenders who are 9 years of age or younger
180program.
181     Section 6.  Subsection (2) of section 985.245, Florida
182Statutes, is amended to read:
183     985.245  Risk assessment instrument.--
184     (2)(a)  The risk assessment instrument for detention care
185placement determinations and court orders shall be developed by
186the department in agreement with a committee composed of two
187representatives appointed by the following associations: the
188Conference of Circuit Judges of Florida, the Prosecuting
189Attorneys Association, the Public Defenders Association, the
190Florida Sheriffs Association, and the Florida Association of
191Chiefs of Police. Each association shall appoint two
192individuals, one representing an urban area and one representing
193a rural area. The committee must also include two
194representatives from child advocacy organizations appointed by
195the secretary of the department. The parties involved shall
196evaluate and revise the risk assessment instrument as is
197considered necessary using the method for revision as agreed by
198the parties.
199     (b)  The risk assessment instrument shall take into
200consideration, but need not be limited to, prior history of
201failure to appear, prior offenses, offenses committed pending
202adjudication, any unlawful possession of a firearm, theft of a
203motor vehicle or possession of a stolen motor vehicle, and
204probation status at the time the child is taken into custody.
205The risk assessment instrument shall also take into
206consideration appropriate aggravating and mitigating
207circumstances, and shall be designed to identify target a
208narrower population of children than the population identified
209under s. 985.255. The risk assessment instrument shall also
210include any information concerning the child's history of abuse
211and neglect. The risk assessment shall indicate whether
212detention care is warranted, and, if detention care is
213warranted, whether the child should be placed into secure,
214nonsecure, or home detention care.
215     (c)  The risk assessment instrument shall be independently
216validated. The department shall review the population, policies,
217and procedures affecting the use of detention every 7 years and
218determine the necessity of revalidating the risk assessment
219instrument. Validation shall include an assessment of the
220effectiveness of the instrument's ability to measure the risk
221that the child will commit a repeat offense or fail to appear
222for court proceedings. The risk assessment instrument shall also
223be evaluated to determine if the instrument contributes to
224disproportionate minority contact.
225     Section 7.  Subsection (8) of section 985.664, Florida
226Statutes, is amended to read:
227     985.664  Juvenile justice circuit boards and juvenile
228justice county councils.--
229     (8)  At any time after the adoption of initial bylaws
230pursuant to subsection (12), a juvenile justice circuit board
231may revise the bylaws to increase the number of members by not
232more than five three in order to adequately reflect the
233diversity of the population and community organizations or
234agencies in the circuit.
235     Section 8.  Subsection (4) is added to section 985.43,
236Florida Statutes, to read:
237     985.43  Predisposition reports; other evaluations.--
238     (4)  The Legislature finds that the court is in the best
239position to weigh all facts and circumstances to determine
240whether or not to commit a juvenile to the department and to
241determine the most appropriate restrictiveness level for a
242juvenile committed to the department.
243     Section 9.  Paragraphs (a) and (b) of subsection (7) of
244section 985.433, Florida Statutes, are amended to read:
245     985.433  Disposition hearings in delinquency cases.--When a
246child has been found to have committed a delinquent act, the
247following procedures shall be applicable to the disposition of
248the case:
249     (7)  If the court determines that the child should be
250adjudicated as having committed a delinquent act and should be
251committed to the department, such determination shall be in
252writing or on the record of the hearing. The determination shall
253include a specific finding of the reasons for the decision to
254adjudicate and to commit the child to the department, including
255any determination that the child was a member of a criminal
256gang.
257     (a)  The juvenile probation officer shall make a
258recommendation to the court concerning placement and any
259proposed treatment plan recommend to the court the most
260appropriate placement and treatment plan, specifically
261identifying the restrictiveness level most appropriate for the
262child. If the court has determined that the child was a member
263of a criminal gang, that determination shall be given great
264weight in identifying the most appropriate restrictiveness level
265for the child. The court shall consider the department's
266recommendation in making its commitment decision.
267     (b)  The court may shall commit the child to the department
268at the restrictiveness level identified by the department, or
269the court may order placement at a different restrictiveness
270level. The court may determine the disposition on the same
271factors as the department considered in the department's
272predisposition report and placement recommendation even if the
273court reaches a different conclusion. The court may commit the
274child to a different restrictiveness level than recommended by
275the department. The court shall state for the record the reasons
276for the disposition imposed that establish by a preponderance of
277the evidence why the court is disregarding the assessment of the
278child and the restrictiveness level recommended by the
279department. Any party may appeal the court's findings resulting
280in a modified level of restrictiveness under this paragraph. The
281department shall maintain data to identify the extent to which
282the courts agree with the department's recommendation.
283     Section 10.  This act shall take effect July 1, 2009.


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