HB 4157

1	A bill to be entitled
2	An act relating to the Department of Juvenile Justice;
3	repealing s. 985.445, F.S., relating to cases involving
4	grand theft of a motor vehicle; amending s. 985.03, F.S.;
5	deleting the definition of the term "training school";
6	repealing s. 985.636, F.S., relating to authority of the
7	secretary to designate persons holding law enforcement
8	certification within the Office of the Inspector General
9	as law enforcement officers; amending ss. 985.48 and
10	985.66, F.S.; conforming provisions to the termination of
11	the Juvenile Justice Standards and Training Commission;
12	amending ss. 985.0301, 985.47, 985.483, and 985.565, F.S.;
13	conforming provisions to changes made by the act;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 985.445, Florida Statutes, is repealed.
19	Section 2.  Subsections (57) and (58) of section 985.03,
20	Florida Statutes, are renumbered as subsections (56) and (57),
21	respectively, and present subsection (56) of that section is
22	amended to read:
23	985.03  Definitions.-As used in this chapter, the term:
24	(56)  "Training school" means one of the following
25	facilities: the Arthur G. Dozier School or the Eckerd Youth
26	Development Center.
27	Section 3.  Section 985.636, Florida Statutes, is repealed.
28	Section 4.  Subsections (9) through (14) of section 985.48,
29	Florida Statutes, are renumbered as subsections (8) through
30	(13), respectively, and present subsection (8) of that section
31	is amended to read:
32	985.48  Juvenile sexual offender commitment programs;
33	sexual abuse intervention networks.-
34	(8)  The Juvenile Justice Standards and Training Commission
35	shall establish criteria for training all contract and
36	department staff or provide a special training program for
37	contract and department staff to effectively manage and provide
38	services and treatment to a juvenile sexual offender in a
39	juvenile sexual offender program.
40	Section 5.  Section 985.66, Florida Statutes, is amended to
41	read:
42	985.66  Juvenile justice training academies; staff
43	development and training Juvenile Justice Standards and Training
44	Commission; Juvenile Justice Training Trust Fund.-
45	(1)  LEGISLATIVE PURPOSE.-In order to enable the state to
46	provide a systematic approach to staff development and training
47	for judges, state attorneys, public defenders, law enforcement
48	officers, school district personnel, and juvenile justice
49	program staff that will meet the needs of such persons in their
50	discharge of duties while at the same time meeting the
51	requirements for the American Correction Association
52	accreditation by the Commission on Accreditation for
53	Corrections, it is the purpose of the Legislature to require the
54	department to establish, maintain, and oversee the operation of
55	juvenile justice training academies in the state. The purpose of
56	the Legislature in establishing staff development and training
57	programs is to foster better staff morale and reduce
58	mistreatment and aggressive and abusive behavior in delinquency
59	programs; to positively impact the recidivism of children in the
60	juvenile justice system; and to afford greater protection of the
61	public through an improved level of services delivered by a
62	professionally trained juvenile justice program staff to
63	children who are alleged to be or who have been found to be
64	delinquent.
65	(2)  STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
66	STANDARDS AND TRAINING COMMISSION.-
67	(a)  There is created under the Department of Juvenile
68	Justice the Juvenile Justice Standards and Training Commission,
69	hereinafter referred to as the commission. The 17-member
70	commission shall consist of the Attorney General or designee,
71	the Commissioner of Education or designee, a member of the
72	juvenile court judiciary to be appointed by the Chief Justice of
73	the Supreme Court, and 14 members to be appointed by the
74	Secretary of Juvenile Justice as follows:
75	1.  Seven members shall be juvenile justice professionals:
76	a superintendent or a direct care staff member from an
77	institution; a director from a contracted community-based
78	program; a superintendent and a direct care staff member from a
79	regional detention center or facility; a juvenile probation
80	officer supervisor and a juvenile probation officer; and a
81	director of a day treatment or conditional release program. No
82	fewer than three of these members shall be contract providers.
83	2.  Two members shall be representatives of local law
84	enforcement agencies.
85	3.  One member shall be an educator from the state's
86	university and community college program of criminology,
87	criminal justice administration, social work, psychology,
88	sociology, or other field of study pertinent to the training of
89	juvenile justice program staff.
90	4.  One member shall be a member of the public.
91	5.  One member shall be a state attorney, or assistant
92	state attorney, who has juvenile court experience.
93	6.  One member shall be a public defender, or assistant
94	public defender, who has juvenile court experience.
95	7.  One member shall be a representative of the business
96	community.
97
98	All appointed members shall be appointed to serve terms of 2
99	years.
100	(b)  The composition of the commission shall be broadly
101	reflective of the public and shall include minorities and women.
102	The term "minorities" as used in this paragraph means a member
103	of a socially or economically disadvantaged group that includes
104	blacks, Hispanics, and American Indians.
105	(c)  The Department of Juvenile Justice shall provide the
106	commission with staff necessary to assist the commission in the
107	performance of its duties.
108	(d)  The commission shall annually elect its chairperson
109	and other officers. The commission shall hold at least four
110	regular meetings each year at the call of the chairperson or
111	upon the written request of three members of the commission. A
112	majority of the members of the commission constitutes a quorum.
113	Members of the commission shall serve without compensation but
114	are entitled to be reimbursed for per diem and travel expenses
115	as provided by s. 112.061 and these expenses shall be paid from
116	the Juvenile Justice Training Trust Fund.
117	(a)(e)  The department powers, duties, and functions of the
118	commission shall be to:
119	1.  Designate the location of the training academies;
120	develop, implement, maintain, and update the curriculum to be
121	used in the training of juvenile justice program staff;
122	establish timeframes for participation in and completion of
123	training by juvenile justice program staff; develop, implement,
124	maintain, and update job-related examinations; develop,
125	implement, and update the types and frequencies of evaluations
126	of the training academies; approve, modify, or disapprove the
127	budget for the training academies, and the contractor to be
128	selected to organize and operate the training academies and to
129	provide the training curriculum.
130	2.  Establish uniform minimum job-related training courses
131	and examinations for juvenile justice program staff.
132	3.  Consult and cooperate with the state or any political
133	subdivision; any private entity or contractor; and with private
134	and public universities, colleges, community colleges, and other
135	educational institutions concerning the development of juvenile
136	justice training and programs or courses of instruction,
137	including, but not limited to, education and training in the
138	areas of juvenile justice.
139	4.   With the approval of the department, make and Enter
140	into such contracts and agreements with other agencies,
141	organizations, associations, corporations, individuals, or
142	federal agencies as the commission determines are necessary in
143	the execution of the department's its powers or the performance
144	of its duties.
145	5.  Make recommendations to the Department of Juvenile
146	Justice concerning any matter within the purview of this
147	section.
148	(3)  JUVENILE JUSTICE TRAINING PROGRAM.-The department
149	commission shall establish a certifiable program for juvenile
150	justice training pursuant to this section, and all department
151	program staff and providers who deliver direct care services
152	pursuant to contract with the department shall be required to
153	participate in and successfully complete the department-approved
154	commission-approved program of training pertinent to their areas
155	of responsibility. Judges, state attorneys, and public
156	defenders, law enforcement officers, and school district
157	personnel may participate in such training program. For the
158	juvenile justice program staff, the department commission shall,
159	based on a job-task analysis:
160	(a)  Design, implement, maintain, evaluate, and revise a
161	basic training program, including a competency-based
162	examination, for the purpose of providing minimum employment
163	training qualifications for all juvenile justice personnel. All
164	program staff of the department and providers who deliver
165	direct-care services who are hired after October 1, 1999, must
166	meet the following minimum requirements:
167	1.  Be at least 19 years of age.
168	2.  Be a high school graduate or its equivalent as
169	determined by the department commission.
170	3.  Not have been convicted of any felony or a misdemeanor
171	involving perjury or a false statement, or have received a
172	dishonorable discharge from any of the Armed Forces of the
173	United States. Any person who, after September 30, 1999, pleads
174	guilty or nolo contendere to or is found guilty of any felony or
175	a misdemeanor involving perjury or false statement is not
176	eligible for employment, notwithstanding suspension of sentence
177	or withholding of adjudication. Notwithstanding this
178	subparagraph, any person who pled nolo contendere to a
179	misdemeanor involving a false statement before October 1, 1999,
180	and who has had such record of that plea sealed or expunged is
181	not ineligible for employment for that reason.
182	4.  Abide by all the provisions of s. 985.644(1) regarding
183	fingerprinting and background investigations and other screening
184	requirements for personnel.
185	5.  Execute and submit to the department an affidavit-of-
186	application form, adopted by the department, attesting to his or
187	her compliance with subparagraphs 1.-4. The affidavit must be
188	executed under oath and constitutes an official statement under
189	s. 837.06. The affidavit must include conspicuous language that
190	the intentional false execution of the affidavit constitutes a
191	misdemeanor of the second degree. The employing agency shall
192	retain the affidavit.
193	(b)  Design, implement, maintain, evaluate, and revise an
194	advanced training program, including a competency-based
195	examination for each training course, which is intended to
196	enhance knowledge, skills, and abilities related to job
197	performance.
198	(c)  Design, implement, maintain, evaluate, and revise a
199	career development training program, including a competency-
200	based examination for each training course. Career development
201	courses are intended to prepare personnel for promotion.
202	(d)  The department commission is encouraged to design,
203	implement, maintain, evaluate, and revise juvenile justice
204	training courses, or to enter into contracts for such training
205	courses, that are intended to provide for the safety and well-
206	being of both citizens and juvenile offenders.
207	(4)  JUVENILE JUSTICE TRAINING TRUST FUND.-
208	(a)  There is created within the State Treasury a Juvenile
209	Justice Training Trust Fund to be used by the department of
210	Juvenile Justice for the purpose of funding the development and
211	updating of a job-task analysis of juvenile justice personnel;
212	the development, implementation, and updating of job-related
213	training courses and examinations; and the cost of department-
214	approved commission-approved juvenile justice training courses;
215	and reimbursement for expenses as provided in s. 112.061 for
216	members of the commission and staff.
217	(b)  One dollar from every noncriminal traffic infraction
218	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
219	deposited into the Juvenile Justice Training Trust Fund.
220	(c)  In addition to the funds generated by paragraph (b),
221	the trust fund may receive funds from any other public or
222	private source.
223	(d)  Funds that are not expended by the end of the budget
224	cycle or through a supplemental budget approved by the
225	department shall revert to the trust fund.
226	(5)  ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.-
227	The number, location, and establishment of juvenile justice
228	training academies shall be determined by the department
229	commission.
230	(6)  SCHOLARSHIPS AND STIPENDS.-
231	(a)  By rule, the department commission shall establish
232	criteria to award scholarships or stipends to qualified juvenile
233	justice personnel who are residents of the state who want to
234	pursue a bachelor's or associate in arts degree in juvenile
235	justice or a related field. The department shall handle the
236	administration of the scholarship or stipend. The Department of
237	Education shall handle the notes issued for the payment of the
238	scholarships or stipends. All scholarship and stipend awards
239	shall be paid from the Juvenile Justice Training Trust Fund upon
240	vouchers approved by the Department of Education and properly
241	certified by the Chief Financial Officer. Prior to the award of
242	a scholarship or stipend, the juvenile justice employee must
243	agree in writing to practice her or his profession in juvenile
244	justice or a related field for 1 month for each month of grant
245	or to repay the full amount of the scholarship or stipend
246	together with interest at the rate of 5 percent per annum over a
247	period not to exceed 10 years. Repayment shall be made payable
248	to the state for deposit into the Juvenile Justice Training
249	Trust Fund.
250	(b)  The department commission may establish the
251	scholarship program by rule and implement the program on or
252	after July 1, 1996.
253	(7)  ADOPTION OF RULES.-The department commission shall
254	adopt rules as necessary to carry out the provisions of this
255	section.
256	(8)  PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
257	MANAGEMENT TRUST FUND.-Pursuant to s. 284.30, the Division of
258	Risk Management of the Department of Financial Services is
259	authorized to insure a private agency, individual, or
260	corporation operating a state-owned training school under a
261	contract to carry out the purposes and responsibilities of any
262	program of the department. The coverage authorized herein shall
263	be under the same general terms and conditions as the department
264	is insured for its responsibilities under chapter 284.
265	(9)  The Juvenile Justice Standards and Training Commission
266	is terminated on June 30, 2001, and such termination shall be
267	reviewed by the Legislature prior to that date.
268	Section 6.  Paragraph (c) of subsection (5) of section
269	985.0301, Florida Statutes, is amended to read:
270	985.0301  Jurisdiction.-
271	(5)
272	(c)  Notwithstanding ss. 743.07 and 985.455(3), and except
273	as provided in s. 985.47, the term of the commitment must be
274	until the child is discharged by the department or until he or
275	she reaches the age of 21 years. Notwithstanding ss. 743.07,
276	985.435, 985.437, 985.439, 985.441, 985.445, 985.455, and
277	985.513, and except as provided in this section and s. 985.47, a
278	child may not be held under a commitment from a court under s.
279	985.439, s. 985.441(1)(a) or (b), s. 985.445, or s. 985.455
280	after becoming 21 years of age.
281	Section 7.  Subsection (2) of section 985.47, Florida
282	Statutes, is amended to read:
283	985.47  Serious or habitual juvenile offender.-
284	(2)  DETERMINATION.-After a child has been adjudicated
285	delinquent under s. 985.35, the court shall determine whether
286	the child meets the criteria for a serious or habitual juvenile
287	offender under subsection (1). If the court determines that the
288	child does not meet such criteria, ss. 985.435, 985.437,
289	985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.
290	Section 8.  Subsection (2) of section 985.483, Florida
291	Statutes, is amended to read:
292	985.483  Intensive residential treatment program for
293	offenders less than 13 years of age.-
294	(2)  DETERMINATION.-After a child has been adjudicated
295	delinquent under s. 985.35(5), the court shall determine whether
296	the child is eligible for an intensive residential treatment
297	program for offenders less than 13 years of age under subsection
298	(1). If the court determines that the child does not meet the
299	criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445,
300	985.45, and 985.455 shall apply.
301	Section 9.  Paragraph (b) of subsection (4) of section
302	985.565, Florida Statutes, is amended to read:
303	985.565  Sentencing powers; procedures; alternatives for
304	juveniles prosecuted as adults.-
305	(4)  SENTENCING ALTERNATIVES.-
306	(b)  Juvenile sanctions.-For juveniles transferred to adult
307	court but who do not qualify for such transfer under s.
308	985.556(3) or s. 985.557(2)(a) or (b), the court may impose
309	juvenile sanctions under this paragraph. If juvenile sentences
310	are imposed, the court shall, under this paragraph, adjudge the
311	child to have committed a delinquent act. Adjudication of
312	delinquency shall not be deemed a conviction, nor shall it
313	operate to impose any of the civil disabilities ordinarily
314	resulting from a conviction. The court shall impose an adult
315	sanction or a juvenile sanction and may not sentence the child
316	to a combination of adult and juvenile punishments. An adult
317	sanction or a juvenile sanction may include enforcement of an
318	order of restitution or probation previously ordered in any
319	juvenile proceeding. However, if the court imposes a juvenile
320	sanction and the department determines that the sanction is
321	unsuitable for the child, the department shall return custody of
322	the child to the sentencing court for further proceedings,
323	including the imposition of adult sanctions. Upon adjudicating a
324	child delinquent under subsection (1), the court may:
325	1.  Place the child in a probation program under the
326	supervision of the department for an indeterminate period of
327	time until the child reaches the age of 19 years or sooner if
328	discharged by order of the court.
329	2.  Commit the child to the department for treatment in an
330	appropriate program for children for an indeterminate period of
331	time until the child is 21 or sooner if discharged by the
332	department. The department shall notify the court of its intent
333	to discharge no later than 14 days prior to discharge. Failure
334	of the court to timely respond to the department's notice shall
335	be considered approval for discharge.
336	3.  Order disposition under ss. 985.435, 985.437, 985.439,
337	985.441, 985.445, 985.45, and 985.455 as an alternative to
338	youthful offender or adult sentencing if the court determines
339	not to impose youthful offender or adult sanctions.
340
341	It is the intent of the Legislature that the criteria and
342	guidelines in this subsection are mandatory and that a
343	determination of disposition under this subsection is subject to
344	the right of the child to appellate review under s. 985.534.
345	Section 10.  This act shall take effect July 1, 2011.

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