Florida Senate - 2011                                    SB 1850
       
       
       
       By Senator Evers
       
       
       
       
       2-02094A-11                                           20111850__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for a delinquent act
    5         within the definition of those children who are
    6         eligible to receive comprehensive mental health
    7         services; amending s. 985.02, F.S.; revising
    8         legislative intent for the juvenile justice system;
    9         amending s. 985.125, F.S.; encouraging law enforcement
   10         agencies, school districts, counties, municipalities,
   11         and the Department of Juvenile Justice to establish
   12         prearrest or postarrest diversion programs and to give
   13         first-time misdemeanor offenders and offenders who are
   14         9 years of age or younger an opportunity to
   15         participate in the programs; amending s. 985.145,
   16         F.S.; requiring a juvenile probation officer to make a
   17         referral to the appropriate shelter if the completed
   18         risk assessment instrument shows that the child is
   19         ineligible for secure detention; amending s. 985.24,
   20         F.S.; prohibiting a child alleged to have committed a
   21         delinquent act or violation of law from being placed
   22         into secure, nonsecure, or home detention care because
   23         of a misdemeanor charge of domestic violence if the
   24         child lives in a family that has a history of family
   25         violence or if the child is a victim of abuse or
   26         neglect unless the child would otherwise be subject to
   27         secure detention based on prior history; prohibiting a
   28         child 9 years of age or younger from being placed into
   29         secure detention care unless the child is charged with
   30         a capital felony, a life felony, or a felony of the
   31         first degree; amending s. 985.245, F.S.; revising the
   32         development process for the risk assessment
   33         instrument; revising factors to be considered in
   34         assessing a child’s risk of rearrest or failure to
   35         appear; amending s. 985.255, F.S.; providing that a
   36         child may be placed in home detention care or detained
   37         in secure detention care under certain circumstances;
   38         providing that a child who is charged with committing
   39         a felony offense of domestic violence and who does not
   40         meet detention criteria may nevertheless be held in
   41         secure detention care if the court makes certain
   42         specific written findings; amending s. 985.441, F.S.;
   43         authorizing a court to commit a female child
   44         adjudicated as delinquent to the department for
   45         placement in a mother-infant program designed to serve
   46         the needs of juvenile mothers or expectant juvenile
   47         mothers who are committed as delinquents; requiring
   48         the department to adopt rules to govern the operation
   49         of the mother-infant program; amending s. 985.45,
   50         F.S.; providing that whenever a child is required by
   51         the court to participate in any juvenile justice work
   52         program, the child is considered an employee of the
   53         state for the purpose of workers’ compensation;
   54         amending s. 985.632, F.S.; establishing legislative
   55         intent that the Department of Juvenile Justice collect
   56         and analyze available statistical data for the purpose
   57         of ongoing evaluation of all juvenile justice
   58         programs; redefining terms; requiring the department
   59         to use a standard methodology to annually measure,
   60         evaluate, and report program outputs and youth
   61         outcomes for each program and program group; requiring
   62         that the department submit an annual report to the
   63         appropriate committees of the Legislature and the
   64         Governor; requiring that the department notify
   65         specified parties of substantive changes to the
   66         standard methodology used in its evaluation; requiring
   67         that the department apply a program accountability
   68         measures analysis to each commitment program; deleting
   69         obsolete provisions; providing an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Subsection (4) of section 394.492, Florida
   74  Statutes, is amended to read:
   75         394.492 Definitions.—As used in ss. 394.490-394.497, the
   76  term:
   77         (4) “Child or adolescent at risk of emotional disturbance”
   78  means a person under 18 years of age who has an increased
   79  likelihood of becoming emotionally disturbed because of risk
   80  factors that include, but are not limited to:
   81         (a) Being homeless.
   82         (b) Having a family history of mental illness.
   83         (c) Being physically or sexually abused or neglected.
   84         (d) Abusing alcohol or other substances.
   85         (e) Being infected with human immunodeficiency virus (HIV).
   86         (f) Having a chronic and serious physical illness.
   87         (g) Having been exposed to domestic violence.
   88         (h) Having multiple out-of-home placements.
   89         (i)Being 9 years of age or younger at the time of referral
   90  for a delinquent act.
   91         Section 2. Section 985.02, Florida Statutes, is amended to
   92  read:
   93         985.02 Legislative intent for the juvenile justice system.—
   94         (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
   95  the Legislature that the children of this state be provided with
   96  the following protections:
   97         (a) Protection from abuse, neglect, and exploitation.
   98         (b) A permanent and stable home.
   99         (c) A safe and nurturing environment which will preserve a
  100  sense of personal dignity and integrity.
  101         (d) Adequate nutrition, shelter, and clothing.
  102         (e) Effective treatment to address physical, social, and
  103  emotional needs, regardless of geographical location.
  104         (f) Equal opportunity and access to quality and effective
  105  education, which will meet the individual needs of each child,
  106  and to recreation and other community resources to develop
  107  individual abilities.
  108         (g) Access to preventive services.
  109         (h) An independent, trained advocate when intervention is
  110  necessary, and a skilled guardian or caretaker in a safe
  111  environment when alternative placement is necessary.
  112         (i) Gender-specific programming and gender-specific program
  113  models and services that comprehensively address the needs of a
  114  targeted gender group.
  115         (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
  116  children in the care of the state’s dependency and delinquency
  117  systems need appropriate health care services, that the impact
  118  of substance abuse on health indicates the need for health care
  119  services to include substance abuse services where appropriate,
  120  and that it is in the state’s best interest that such children
  121  be provided the services they need to enable them to become and
  122  remain independent of state care. In order to provide these
  123  services, the state’s dependency and delinquency systems must
  124  have the ability to identify and provide appropriate
  125  intervention and treatment for children with personal or family
  126  related substance abuse problems. It is therefore the purpose of
  127  the Legislature to provide authority for the state to contract
  128  with community substance abuse treatment providers for the
  129  development and operation of specialized support and overlay
  130  services for the dependency and delinquency systems, which will
  131  be fully implemented and utilized as resources permit.
  132         (3) JUVENILE JUSTICE AND DELINQUENCY PREVENTION.—It is the
  133  policy of the state with respect to juvenile justice and
  134  delinquency prevention to first protect the public from acts of
  135  delinquency. In addition, it is the policy of the state to:
  136         (a) Develop and implement effective methods of preventing
  137  and reducing acts of delinquency, with a focus on maintaining
  138  and strengthening the family as a whole so that children may
  139  remain in their homes or communities.
  140         (b) Develop and implement effective programs to prevent
  141  delinquency, to divert children from the traditional juvenile
  142  justice system, to intervene at an early stage of delinquency,
  143  and to provide critically needed alternatives to
  144  institutionalization, and deep-end commitment, and secure
  145  detention.
  146         (c) Provide well-trained personnel, high-quality services,
  147  and cost-effective programs within the juvenile justice system.
  148         (d) Increase the capacity of local governments and public
  149  and private agencies to conduct rehabilitative treatment
  150  programs and to provide research, evaluation, and training
  151  services in the field of juvenile delinquency prevention.
  152  
  153  The Legislature intends that detention care, in addition to
  154  providing secure and safe custody, will promote the health and
  155  well-being of the children committed thereto and provide an
  156  environment that fosters their social, emotional, intellectual,
  157  and physical development.
  158         (4) DETENTION.—
  159         (a) The Legislature finds that there is a need for a secure
  160  placement for certain children alleged to have committed a
  161  delinquent act. The Legislature finds that detention should be
  162  used only when less restrictive interim placement alternatives
  163  prior to adjudication and disposition are not appropriate. The
  164  Legislature further finds that decisions to detain should be
  165  based in part on a prudent assessment of risk and be limited to
  166  situations where there is clear and convincing evidence that a
  167  child presents a risk of failing to appear or presents a
  168  substantial risk of inflicting bodily harm on others as
  169  evidenced by recent behavior; presents a history of committing a
  170  serious property offense prior to adjudication, disposition, or
  171  placement; has acted in direct or indirect contempt of court; or
  172  requests protection from imminent bodily harm.
  173         (b) The Legislature intends that a juvenile found to have
  174  committed a delinquent act understands the consequences and the
  175  serious nature of such behavior. Therefore, the Legislature
  176  finds that secure detention is appropriate to ensure public
  177  safety and guarantee a juvenile’s appearance in court provide
  178  punishment that discourages further delinquent behavior. The
  179  Legislature also finds that certain juveniles have committed a
  180  sufficient number of criminal acts, including acts involving
  181  violence to persons, to represent sufficient danger to the
  182  community to warrant sentencing and placement within the adult
  183  system. It is the intent of the Legislature to establish clear
  184  criteria in order to identify these juveniles and remove them
  185  from the juvenile justice system.
  186         (5) SERIOUS OR HABITUAL JUVENILE OFFENDERS.—The Legislature
  187  finds that fighting crime effectively requires a multipronged
  188  effort focusing on particular classes of delinquent children and
  189  the development of particular programs. This state’s juvenile
  190  justice system has an inadequate number of beds for serious or
  191  habitual juvenile offenders and an inadequate number of
  192  community and residential programs for a significant number of
  193  children whose delinquent behavior is due to or connected with
  194  illicit substance abuse. In addition, A significant number of
  195  children have been adjudicated in adult criminal court and
  196  placed in this state’s prisons where programs are inadequate to
  197  meet their rehabilitative needs and where space is needed for
  198  adult offenders. Recidivism rates for each of these classes of
  199  offenders exceed those tolerated by the Legislature and by the
  200  citizens of this state.
  201         (5)(6) SITING OF FACILITIES.—
  202         (a) The Legislature finds that timely siting and
  203  development of needed residential facilities for juvenile
  204  offenders is critical to the public safety of the citizens of
  205  this state and to the effective rehabilitation of juvenile
  206  offenders.
  207         (b) It is the purpose of the Legislature to guarantee that
  208  such facilities are sited and developed within reasonable
  209  timeframes after they are legislatively authorized and
  210  appropriated.
  211         (c) The Legislature further finds that such facilities must
  212  be located in areas of the state close to the home communities
  213  of the children they house in order to ensure the most effective
  214  rehabilitation efforts and the most intensive postrelease
  215  supervision and case management. Residential facilities shall
  216  have no more than 165 beds each, including campus-style
  217  programs, unless those campus-style programs include more than
  218  one level of restrictiveness, provide multilevel education and
  219  treatment programs using different treatment protocols, and have
  220  facilities that coexist separately in distinct locations on the
  221  same property.
  222         (d) It is the intent of the Legislature that all other
  223  departments and agencies of the state shall cooperate fully with
  224  the Department of Juvenile Justice to accomplish the siting of
  225  facilities for juvenile offenders.
  226  
  227  The supervision, counseling, rehabilitative treatment, and
  228  punitive efforts of the juvenile justice system should avoid the
  229  inappropriate use of correctional programs and large
  230  institutions. The Legislature finds that detention services
  231  should exceed the primary goal of providing safe and secure
  232  custody pending adjudication and disposition.
  233         (6)(7) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
  234  Parents, custodians, and guardians are deemed by the state to be
  235  responsible for providing their children with sufficient
  236  support, guidance, and supervision to deter their participation
  237  in delinquent acts. The state further recognizes that the
  238  ability of parents, custodians, and guardians to fulfill those
  239  responsibilities can be greatly impaired by economic, social,
  240  behavioral, emotional, and related problems. It is therefore the
  241  policy of the Legislature that it is the state’s responsibility
  242  to ensure that factors impeding the ability of caretakers to
  243  fulfill their responsibilities are identified through the
  244  delinquency intake process and that appropriate recommendations
  245  to address those problems are considered in any judicial or
  246  nonjudicial proceeding. Nonetheless, as it is also the intent of
  247  the Legislature to preserve and strengthen the child’s family
  248  ties, it is the policy of the Legislature that the emotional,
  249  legal, and financial responsibilities of the caretaker with
  250  regard to the care, custody, and support of the child continue
  251  while the child is in the physical or legal custody of the
  252  department.
  253         (7)(8) GENDER-SPECIFIC PROGRAMMING.—
  254         (a) The Legislature finds that the prevention, treatment,
  255  and rehabilitation needs of youth served by the juvenile justice
  256  system are gender-specific.
  257         (b) Gender-specific programming refers to unique program
  258  models and services that comprehensively address the needs of a
  259  targeted gender group. Gender-specific services require the
  260  adherence to the principle of equity to ensure that the
  261  different interests of young women and men are recognized and
  262  varying needs are met, with equality as the desired outcome.
  263  Gender-specific programming focuses on the differences between
  264  young females’ and young males’ roles and responsibilities,
  265  positions in society, access to and use of resources, and social
  266  codes governing behavior. Gender-specific programs increase the
  267  effectiveness of programs by making interventions more
  268  appropriate to the specific needs of young women and men and
  269  ensuring that these programs do not unknowingly create,
  270  maintain, or reinforce gender roles or relations that may be
  271  damaging.
  272         (8) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  273  finds that very young children need age-appropriate services in
  274  order to prevent and reduce future acts of delinquency. Children
  275  who are 9 years of age or younger should be diverted into
  276  prearrest or postarrest programs, civil citation programs,
  277  children-in-need-of-services and families-in-need-of-services
  278  programs, or other programs, as appropriate. If, based upon a
  279  needs assessment, the child is found to be in need of mental
  280  health services or substance abuse treatment services, the
  281  department shall cooperate with the parent or legal guardian and
  282  the Department of Children and Family Services, as appropriate,
  283  to identify the most appropriate services and supports and
  284  available funding sources to meet the needs of the child.
  285         (9)RESTORATIVE JUSTICE.—
  286         (a)It is the intent of the Legislature that the juvenile
  287  justice system advance the principles of restorative justice.
  288  The department shall focus on repairing the harm to victims of
  289  delinquent behavior by ensuring that the child understands the
  290  effect of his or her delinquent behavior on the victim and the
  291  community and that the child restores the losses of his or her
  292  victim.
  293         (b)Offender accountability is one of the principles of
  294  restorative justice. The premise of this principle is that the
  295  juvenile justice system must respond to delinquent behavior in
  296  such a way that the offender is made aware of and takes
  297  responsibility for repaying or restoring loss, damage, or injury
  298  perpetrated upon the victim and the community. This goal is
  299  achieved when the offender understands the consequences of
  300  delinquent behaviors in terms of harm to others, and when the
  301  offender makes amends for the harm, loss, or damage through
  302  restitution, community service, or other appropriate repayment.
  303         Section 3. Subsection (1) of section 985.125, Florida
  304  Statutes, is amended to read:
  305         985.125 Prearrest or postarrest diversion programs.—
  306         (1) A law enforcement agency, or school district, county,
  307  municipality, or the department, in cooperation with the state
  308  attorney, is encouraged to may establish a prearrest or
  309  postarrest diversion programs. Youth who are taken into custody
  310  for first-time misdemeanor offenses or offenders who are 9 years
  311  of age or younger should be given an opportunity to participate
  312  in prearrest or postarrest diversion programs program.
  313         Section 4. Paragraph (d) of subsection (1) of section
  314  985.145, Florida Statutes, is amended to read:
  315         985.145 Responsibilities of juvenile probation officer
  316  during intake; screenings and assessments.—
  317         (1) The juvenile probation officer shall serve as the
  318  primary case manager for the purpose of managing, coordinating,
  319  and monitoring the services provided to the child. Each program
  320  administrator within the Department of Children and Family
  321  Services shall cooperate with the primary case manager in
  322  carrying out the duties and responsibilities described in this
  323  section. In addition to duties specified in other sections and
  324  through departmental rules, the assigned juvenile probation
  325  officer shall be responsible for the following:
  326         (d) Completing risk assessment instrument.—The juvenile
  327  probation officer shall ensure that a risk assessment instrument
  328  establishing the child’s eligibility for detention has been
  329  accurately completed and that the appropriate recommendation was
  330  made to the court. If, upon completion of the risk assessment
  331  instrument, the child is ineligible for secure detention based
  332  on the criteria in s. 985.24(2)(e), the juvenile probation
  333  officer shall make a referral to the appropriate shelter for a
  334  child in need of services or family in need of services.
  335         Section 5. Section 985.24, Florida Statutes, is amended to
  336  read:
  337         985.24 Use of detention; prohibitions.—
  338         (1) All determinations and court orders regarding the use
  339  of secure, nonsecure, or home detention must shall be based
  340  primarily upon findings that the child:
  341         (a) Presents a substantial risk of not appearing at a
  342  subsequent hearing;
  343         (b) Presents a substantial risk of inflicting bodily harm
  344  on others as evidenced by recent behavior;
  345         (c) Presents a history of committing a property offense
  346  prior to adjudication, disposition, or placement;
  347         (d) Has committed contempt of court by:
  348         1. Intentionally disrupting the administration of the
  349  court;
  350         2. Intentionally disobeying a court order; or
  351         3. Engaging in a punishable act or speech in the court’s
  352  presence which shows disrespect for the authority and dignity of
  353  the court; or
  354         (e) Requests protection from imminent bodily harm.
  355         (2) A child alleged to have committed a delinquent act or
  356  violation of law may not be placed into secure, nonsecure, or
  357  home detention care for any of the following reasons:
  358         (a) To allow a parent to avoid his or her legal
  359  responsibility.
  360         (b) To permit more convenient administrative access to the
  361  child.
  362         (c) To facilitate further interrogation or investigation.
  363         (d) Due to a lack of more appropriate facilities.
  364         (e)Due to a misdemeanor charge of domestic violence if the
  365  child lives in a family that has a history of family violence,
  366  as defined in s. 741.28, or if the child is a victim of abuse or
  367  neglect, as defined in s. 39.01, and the decision to place the
  368  child in secure detention care is mitigated by the history of
  369  trauma faced by the child, unless the child would otherwise be
  370  subject to secure detention based on his or her prior history.
  371         (3) A child alleged to be dependent under chapter 39 may
  372  not, under any circumstances, be placed into secure detention
  373  care.
  374         (4)A child 9 years of age or younger may not be placed
  375  into secure detention care unless the child is charged with a
  376  capital felony, a life felony, or a felony of the first degree.
  377         (5)(4) The department shall continue to identify
  378  alternatives to secure detention care and shall develop such
  379  alternatives and annually submit them to the Legislature for
  380  authorization and appropriation.
  381         Section 6. Paragraphs (a) and (b) of subsection (2) of
  382  section 985.245, Florida Statutes, are amended to read:
  383         985.245 Risk assessment instrument.—
  384         (2)(a) The risk assessment instrument for detention care
  385  placement determinations and court orders shall be developed by
  386  the department in consultation agreement with representatives
  387  appointed by the following associations: the Conference of
  388  Circuit Judges of Florida, the Prosecuting Attorneys
  389  Association, the Public Defenders Association, the Florida
  390  Sheriffs Association, and the Florida Association of Chiefs of
  391  Police. Each association shall appoint two individuals, one
  392  representing an urban area and one representing a rural area.
  393  The risk assessment instrument shall be effective at predicting
  394  risk and avoiding the unnecessary use of secure detention. The
  395  parties involved shall evaluate and revise the risk assessment
  396  instrument as is considered necessary using the method for
  397  revision as agreed by the parties.
  398         (b) The risk assessment instrument shall accurately predict
  399  a child’s risk of re-arrest or failure to appear in court. The
  400  risk assessment instrument may take the following factors take
  401  into consideration, but need not be limited to, the child’s
  402  prior history of failure to appear, prior offenses, offenses
  403  committed pending adjudication, any unlawful possession of a
  404  firearm, theft of a motor vehicle or possession of a stolen
  405  motor vehicle, and probation status at the time the child is
  406  taken into custody. The risk assessment instrument shall also
  407  take into consideration appropriate aggravating and mitigating
  408  circumstances, and shall be designed to target a narrower
  409  population of children than s. 985.255. The risk assessment
  410  instrument shall also include any information concerning the
  411  child’s history of abuse and neglect. The risk assessment shall
  412  indicate whether detention care is warranted, and, if detention
  413  care is warranted, whether the child should be placed into
  414  secure, nonsecure, or home detention care.
  415         Section 7. Section 985.255, Florida Statutes, is amended to
  416  read:
  417         985.255 Detention criteria; detention hearing.—
  418         (1) Subject to s. 985.25(1), a child taken into custody and
  419  placed into nonsecure or home detention care or detained in
  420  secure detention care before prior to a detention hearing may
  421  continue to be detained by the court if:
  422         (a) The child is alleged to be an escapee from a
  423  residential commitment program; or an absconder from a
  424  nonresidential commitment program, a probation program, or
  425  conditional release supervision; or is alleged to have escaped
  426  while being lawfully transported to or from a residential
  427  commitment program.
  428         (b) The child is wanted in another jurisdiction for an
  429  offense which, if committed by an adult, would be a felony.
  430         (c) The child is charged with a delinquent act or violation
  431  of law and requests in writing through legal counsel to be
  432  detained for protection from an imminent physical threat to his
  433  or her personal safety.
  434         (d) The child is charged with committing a felony an
  435  offense of domestic violence as defined in s. 741.28 and is
  436  detained as provided in subsection (2).
  437         (e) The child is charged with possession or discharging a
  438  firearm on school property in violation of s. 790.115.
  439         (f) The child is charged with a capital felony, a life
  440  felony, a felony of the first degree, a felony of the second
  441  degree that does not involve a violation of chapter 893, or a
  442  felony of the third degree that is also a crime of violence,
  443  including any such offense involving the use or possession of a
  444  firearm.
  445         (g) The child is charged with any second degree or third
  446  degree felony involving a violation of chapter 893 or any third
  447  degree felony that is not also a crime of violence, and the
  448  child:
  449         1. Has a record of failure to appear at court hearings
  450  after being properly notified in accordance with the Rules of
  451  Juvenile Procedure;
  452         2. Has a record of law violations prior to court hearings;
  453         3. Has already been detained or has been released and is
  454  awaiting final disposition of the case;
  455         4. Has a record of violent conduct resulting in physical
  456  injury to others; or
  457         5. Is found to have been in possession of a firearm.
  458         (h) The child is alleged to have violated the conditions of
  459  the child’s probation or conditional release supervision.
  460  However, a child detained under this paragraph may be held only
  461  in a consequence unit as provided in s. 985.439. If a
  462  consequence unit is not available, the child shall be placed on
  463  home detention with electronic monitoring.
  464         (i) The child is detained on a judicial order for failure
  465  to appear and has previously willfully failed to appear, after
  466  proper notice, for an adjudicatory hearing on the same case
  467  regardless of the results of the risk assessment instrument. A
  468  child may be held in secure detention for up to 72 hours in
  469  advance of the next scheduled court hearing pursuant to this
  470  paragraph. The child’s failure to keep the clerk of court and
  471  defense counsel informed of a current and valid mailing address
  472  where the child will receive notice to appear at court
  473  proceedings does not provide an adequate ground for excusal of
  474  the child’s nonappearance at the hearings.
  475         (j) The child is detained on a judicial order for failure
  476  to appear and has previously willfully failed to appear, after
  477  proper notice, at two or more court hearings of any nature on
  478  the same case regardless of the results of the risk assessment
  479  instrument. A child may be held in secure detention for up to 72
  480  hours in advance of the next scheduled court hearing pursuant to
  481  this paragraph. The child’s failure to keep the clerk of court
  482  and defense counsel informed of a current and valid mailing
  483  address where the child will receive notice to appear at court
  484  proceedings does not provide an adequate ground for excusal of
  485  the child’s nonappearance at the hearings.
  486         (2) A child who is charged with committing a felony an
  487  offense of domestic violence as defined in s. 741.28 and who
  488  does not meet detention criteria may be held in secure detention
  489  if the court makes specific written findings that:
  490         (a) Respite care for the child is not available.
  491         (b) It is necessary to place the child in secure detention
  492  in order to protect the victim from injury.
  493  
  494  The child may not be held in secure detention under this
  495  subsection for more than 48 hours unless ordered by the court.
  496  After 48 hours, the court shall hold a hearing if the state
  497  attorney or victim requests that secure detention be continued.
  498  The child may continue to be held in detention care if the court
  499  makes a specific, written finding that detention care is
  500  necessary to protect the victim from injury. However, the child
  501  may not be held in detention care beyond the time limits set
  502  forth in this section or s. 985.26.
  503         (3)(a) A child who meets any of the criteria in subsection
  504  (1) and who is ordered to be detained under that subsection
  505  shall be given a hearing within 24 hours after being taken into
  506  custody. The purpose of the detention hearing is to determine
  507  the existence of probable cause that the child has committed the
  508  delinquent act or violation of law that he or she is charged
  509  with and the need for continued detention. Unless a child is
  510  detained under paragraph (1)(d) or paragraph (1)(e), the court
  511  shall use the results of the risk assessment performed by the
  512  juvenile probation officer and, based on the criteria in
  513  subsection (1), shall determine the need for continued
  514  detention. A child placed into secure, nonsecure, or home
  515  detention care may continue to be so detained by the court.
  516         (b) If the court orders a placement more restrictive than
  517  indicated by the results of the risk assessment instrument, the
  518  court shall state, in writing, clear and convincing reasons for
  519  such placement.
  520         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  521  when a child is placed into secure or nonsecure detention care,
  522  or into a respite home or other placement pursuant to a court
  523  order following a hearing, the court order must include specific
  524  instructions that direct the release of the child from such
  525  placement no later than 5 p.m. on the last day of the detention
  526  period specified in s. 985.26 or s. 985.27, whichever is
  527  applicable, unless the requirements of such applicable provision
  528  have been met or an order of continuance has been granted under
  529  s. 985.26(4).
  530         Section 8. Paragraph (e) is added to subsection (1) of
  531  section 985.441, Florida Statutes, to read:
  532         985.441 Commitment.—
  533         (1) The court that has jurisdiction of an adjudicated
  534  delinquent child may, by an order stating the facts upon which a
  535  determination of a sanction and rehabilitative program was made
  536  at the disposition hearing:
  537         (e)Commit the child to the department for placement in a
  538  mother-infant program designed to serve the needs of juvenile
  539  mothers or expectant juvenile mothers who are committed as
  540  delinquents. The department’s mother-infant program must be
  541  licensed as a child care facility in accordance with s. 402.308,
  542  and must provide the services and support necessary to enable
  543  the committed juvenile mothers to provide for the needs of their
  544  infants who, upon agreement of the mother, may accompany them in
  545  the program. The department shall adopt rules pursuant to ss.
  546  120.536(1) and 120.54 to govern the operation of such programs.
  547         Section 9. Subsection (1) of section 985.45, Florida
  548  Statutes, is amended to read:
  549         985.45 Liability and remuneration for work.—
  550         (1) Whenever a child is required by the court to
  551  participate in any work program under this part or whenever a
  552  child volunteers to work in a specified state, county,
  553  municipal, or community service organization supervised work
  554  program or to work for the victim, either as an alternative to
  555  monetary restitution or as a part of the rehabilitative or
  556  probation program, the child is an employee of the state for the
  557  purposes of chapter 440 liability.
  558         Section 10. Section 985.632, Florida Statutes, is amended
  559  to read:
  560         985.632 Program review and reporting requirements Quality
  561  assurance and cost-effectiveness.—
  562         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  563  that the department:
  564         (a) Ensure that information be provided to decisionmakers
  565  in a timely manner so that resources are allocated to programs
  566  that of the department which achieve desired performance levels.
  567         (b)Collect and analyze available statistical data for the
  568  purpose of ongoing evaluation of all programs.
  569         (c)(b) Provide information about the cost of such programs
  570  and their differential effectiveness so that program the quality
  571  may of such programs can be compared and improvements made
  572  continually.
  573         (d)(c) Provide information to aid in developing related
  574  policy issues and concerns.
  575         (e)(d) Provide information to the public about the
  576  effectiveness of such programs in meeting established goals and
  577  objectives.
  578         (f)(e) Provide a basis for a system of accountability so
  579  that each youth client is afforded the best programs to meet his
  580  or her needs.
  581         (g)(f) Improve service delivery to youth clients.
  582         (h)(g) Modify or eliminate activities that are not
  583  effective.
  584         (2) DEFINITIONS.—As used in this section, the term:
  585         (a) “Youth” “Client” means any person who is being provided
  586  treatment or services by the department or by a provider under
  587  contract with the department.
  588         (b)“Program” means any facility, service, or program for
  589  youth which is operated by the department or by a provider under
  590  contract with the department.
  591         (c)(b) “Program component” means an aggregation of
  592  generally related objectives which, because of their special
  593  character, related workload, and interrelated output, can
  594  logically be considered an entity for purposes of organization,
  595  management, accounting, reporting, and budgeting.
  596         (c) “Program effectiveness” means the ability of the
  597  program to achieve desired client outcomes, goals, and
  598  objectives.
  599         (d)“Program group” means a collection of programs having
  600  sufficient similarity of functions, services, and population to
  601  allow appropriate comparisons between programs within the group.
  602         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  603  shall use a standard methodology for annually measuring,
  604  evaluating, and reporting program outputs and youth outcomes for
  605  each program and program group. The department shall submit a
  606  report to the appropriate committees of the Legislature and the
  607  Governor by January 15 of each year. The department shall notify
  608  the Office of Program Policy Analysis and Government
  609  Accountability and each contract service provider of substantive
  610  changes to the methodology. The standard methodology must:
  611         (a)Define common terminology and operational definitions
  612  and methods by which the performance of program outputs and
  613  outcomes may be measured.
  614         (b)Specify program outputs for each program and for each
  615  program group within the juvenile justice continuum.
  616         (c)Report cost data for each program operated or
  617  contracted by the department for the fiscal year corresponding
  618  to the program outputs and outcomes being reported. The
  619  department shall annually collect and report cost data for every
  620  program operated or contracted by the department. The cost data
  621  shall conform to a format approved by the department and the
  622  Legislature. Uniform cost data shall be reported and collected
  623  for state-operated and contracted programs so that comparisons
  624  can be made among programs. The department shall ensure that
  625  there is accurate cost accounting for state-operated services
  626  including market-equivalent rent and other shared cost. The cost
  627  of the educational program provided to a residential facility
  628  shall be reported and included in the cost of a program. The
  629  department shall submit an annual cost report to the President
  630  of the Senate, the Speaker of the House of Representatives, the
  631  Minority Leader of each house of the Legislature, the
  632  appropriate substantive and fiscal committees of each house of
  633  the Legislature, and the Governor, no later than December 1 of
  634  each year. Cost-benefit analysis for educational programs will
  635  be developed and implemented in collaboration with and in
  636  cooperation with the Department of Education, local providers,
  637  and local school districts. Cost data for the report shall
  638  include data collected by the Department of Education for the
  639  purposes of preparing the annual report required by s.
  640  1003.52(19).
  641         (4) PROGRAM ACCOUNTABILITY MEASURES.—
  642         (a) The department, in consultation with the Office of
  643  Economic and Demographic Research and contract service
  644  providers, shall develop a cost-effectiveness model and apply
  645  the program accountability measures analysis model to each
  646  commitment program and include the results in the comprehensive
  647  accountability report. Program recidivism rates shall be a
  648  component of the model. The program accountability measures
  649  analysis cost-effectiveness model shall compare program costs to
  650  expected and actual youth recidivism rates client outcomes and
  651  program outputs. It is the intent of the Legislature that
  652  continual development efforts take place to improve the validity
  653  and reliability of the program accountability measure analysis
  654  cost-effectiveness model.
  655         (b) The department shall rank commitment programs based on
  656  the cost-effectiveness model and shall submit a report to the
  657  appropriate substantive and fiscal committees of each house of
  658  the Legislature by December 31 of each year.
  659         (b)(c) Based on reports of the department on client
  660  outcomes and program outputs and on the department’s most recent
  661  program accountability measures analysis cost-effectiveness
  662  rankings, the department may terminate its contract with or
  663  discontinue a commitment program operated by the department or a
  664  provider if the program has failed to achieve a minimum
  665  threshold of recidivism and cost-effectiveness program
  666  effectiveness. This paragraph does not preclude the department
  667  from terminating a contract as provided under this section or as
  668  otherwise provided by law or contract, and does not limit the
  669  department’s authority to enter into or terminate a contract.
  670         (c)(d)The department shall notify the Office of Program
  671  Policy Analysis and Government Accountability and each contract
  672  service provider of substantive changes to the program
  673  accountability measures analysis. In collaboration with the
  674  Office of Economic and Demographic Research, and contract
  675  service providers, the department shall develop a work plan to
  676  refine the cost-effectiveness model so that the model is
  677  consistent with the performance-based program budgeting measures
  678  approved by the Legislature to the extent the department deems
  679  appropriate. The department shall notify the Office of Program
  680  Policy Analysis and Government Accountability of any meetings to
  681  refine the model.
  682         (d)(e) Contingent upon specific appropriation, the
  683  department, in consultation with the Office of Economic and
  684  Demographic Research, and contract service providers, shall:
  685         1. Construct a profile of each commitment program which
  686  that uses the results of the quality assurance report required
  687  by this section, the program accountability measure analysis
  688  cost-effectiveness report required in this subsection, and other
  689  reports available to the department.
  690         2. Target, for a more comprehensive evaluation, any
  691  commitment program that has achieved consistently high, low, or
  692  disparate ratings in the reports required under subparagraph 1.
  693         3. Identify the essential factors that contribute to the
  694  high, low, or disparate program ratings.
  695         4. Use the results of these evaluations in developing or
  696  refining juvenile justice programs or program models, youth
  697  client outcomes and program outputs, provider contracts, quality
  698  assurance standards, and the program accountability measure
  699  analysis cost-effectiveness model.
  700         (5) QUALITY ASSURANCE.—The department shall:
  701         (a) Establish a comprehensive quality assurance system for
  702  each program operated by the department or operated by a
  703  provider under contract with the department. Each contract
  704  entered into by the department must provide for quality
  705  assurance and include the results in the comprehensive
  706  accountability report.
  707         (b) Provide operational definitions of and criteria for
  708  quality assurance for each specific program component.
  709         (c) Establish quality assurance goals and objectives for
  710  each specific program component.
  711         (d) Establish the information and specific data elements
  712  required for the quality assurance program.
  713         (e) Develop a quality assurance manual of specific,
  714  standardized terminology and procedures to be followed by each
  715  program.
  716         (f) Evaluate each program operated by the department or a
  717  provider under a contract with the department and establish
  718  minimum thresholds for each program component. If a provider
  719  fails to meet the established minimum thresholds, such failure
  720  shall cause the department to cancel the provider’s contract
  721  unless the provider achieves compliance with minimum thresholds
  722  within 6 months or unless there are documented extenuating
  723  circumstances. In addition, the department may not contract with
  724  the same provider for the canceled service for a period of 12
  725  months. If a department-operated program fails to meet the
  726  established minimum thresholds, the department must take
  727  necessary and sufficient steps to ensure and document program
  728  changes to achieve compliance with the established minimum
  729  thresholds. If the department-operated program fails to achieve
  730  compliance with the established minimum thresholds within 6
  731  months and if there are no documented extenuating circumstances,
  732  the department must notify the Executive Office of the Governor
  733  and the Legislature of the corrective action taken. Appropriate
  734  corrective action may include, but is not limited to:
  735         1. Contracting out for the services provided in the
  736  program;
  737         2. Initiating appropriate disciplinary action against all
  738  employees whose conduct or performance is deemed to have
  739  materially contributed to the program’s failure to meet
  740  established minimum thresholds;
  741         3. Redesigning the program; or
  742         4. Realigning the program.
  743  
  744  The department shall submit an annual report to the President of
  745  the Senate, the Speaker of the House of Representatives, the
  746  Minority Leader of each house of the Legislature, the
  747  appropriate substantive and fiscal committees of each house of
  748  the Legislature, and the Governor, no later than February 1 of
  749  each year. The annual report must contain, at a minimum, for
  750  each specific program component: a comprehensive description of
  751  the population served by the program; a specific description of
  752  the services provided by the program; cost; a comparison of
  753  expenditures to federal and state funding; immediate and long
  754  range concerns; and recommendations to maintain, expand,
  755  improve, modify, or eliminate each program component so that
  756  changes in services lead to enhancement in program quality. The
  757  department shall ensure the reliability and validity of the
  758  information contained in the report.
  759         (6) The department shall collect and analyze available
  760  statistical data for the purpose of ongoing evaluation of all
  761  programs. The department shall provide the Legislature with
  762  necessary information and reports to enable the Legislature to
  763  make informed decisions regarding the effectiveness of, and any
  764  needed changes in, services, programs, policies, and laws.
  765         Section 11. This act shall take effect July 1, 2011.