| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Juvenile Justice; |
| 3 | amending ss. 984.03 and 985.14, F.S.; deleting |
| 4 | obsolete references; amending s. 985.441, F.S.; |
| 5 | deleting an obsolete provision; authorizing the |
| 6 | department to place a juvenile adjudicated delinquent |
| 7 | in a mother-infant program designed to serve the needs |
| 8 | of juvenile mothers or expectant juvenile mothers; |
| 9 | providing requirements for such a program; amending s. |
| 10 | 985.601, F.S.; authorizing the department, at the |
| 11 | secretary's discretion, to pay up to a specified |
| 12 | amount toward the basic funeral expenses for a youth |
| 13 | who dies while in the custody of the department and |
| 14 | whose parents or guardians are indigent and for which |
| 15 | no other funding is available; amending s. 985.0301, |
| 16 | F.S.; conforming a cross-reference; deleting obsolete |
| 17 | references; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (49) through (56) of section |
| 22 | 984.03, Florida Statutes, are renumbered as subsections (48) |
| 23 | through (55), respectively, and present subsection (48) of that |
| 24 | section is amended to read: |
| 25 | 984.03 Definitions.-When used in this chapter, the term: |
| 26 | (48) "Serious or habitual juvenile offender program" means |
| 27 | the program established in s. 985.47. |
| 28 | Section 2. Paragraph (a) of subsection (3) of section |
| 29 | 985.14, Florida Statutes, is amended to read: |
| 30 | 985.14 Intake and case management system.- |
| 31 | (3) The intake and case management system shall facilitate |
| 32 | consistency in the recommended placement of each child, and in |
| 33 | the assessment, classification, and placement process, with the |
| 34 | following purposes: |
| 35 | (a) An individualized, multidisciplinary assessment |
| 36 | process that identifies the priority needs of each individual |
| 37 | child for rehabilitation and treatment and identifies any needs |
| 38 | of the child's parents or guardians for services that would |
| 39 | enhance their ability to provide adequate support, guidance, and |
| 40 | supervision for the child. This process shall begin with the |
| 41 | detention risk assessment instrument and decision, shall include |
| 42 | the intake preliminary screening and comprehensive assessment |
| 43 | for substance abuse treatment services, mental health services, |
| 44 | retardation services, literacy services, and other educational |
| 45 | and treatment services as components, additional assessment of |
| 46 | the child's treatment needs, and classification regarding the |
| 47 | child's risks to the community and, for a serious or habitual |
| 48 | delinquent child, shall include the assessment for placement in |
| 49 | a serious or habitual delinquent children program under s. |
| 50 | 985.47. The completed multidisciplinary assessment process shall |
| 51 | result in the predisposition report. |
| 52 | Section 3. Subsection (1) of section 985.441, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 985.441 Commitment.- |
| 55 | (1) The court that has jurisdiction of an adjudicated |
| 56 | delinquent child may, by an order stating the facts upon which a |
| 57 | determination of a sanction and rehabilitative program was made |
| 58 | at the disposition hearing: |
| 59 | (a) Commit the child to a licensed child-caring agency |
| 60 | willing to receive the child; however, the court may not commit |
| 61 | the child to a jail or to a facility used primarily as a |
| 62 | detention center or facility or shelter. |
| 63 | (b) Commit the child to the department at a |
| 64 | restrictiveness level defined in s. 985.03. Such commitment must |
| 65 | be for the purpose of exercising active control over the child, |
| 66 | including, but not limited to, custody, care, training, |
| 67 | monitoring for substance abuse, electronic monitoring, and |
| 68 | treatment of the child and release of the child from residential |
| 69 | commitment into the community in a postcommitment nonresidential |
| 70 | conditional release program. If the child is not successful in |
| 71 | the conditional release program, the department may use the |
| 72 | transfer procedure under subsection (4). |
| 73 | (c) Commit the child to the department for placement in a |
| 74 | program or facility for serious or habitual juvenile offenders |
| 75 | in accordance with s. 985.47. |
| 76 | 1. Following a delinquency adjudicatory hearing under s. |
| 77 | 985.35 and a delinquency disposition hearing under s. 985.433 |
| 78 | that results in a commitment determination, the court shall, on |
| 79 | its own or upon request by the state or the department, |
| 80 | determine whether the protection of the public requires that the |
| 81 | child be placed in a program for serious or habitual juvenile |
| 82 | offenders and whether the particular needs of the child would be |
| 83 | best served by a program for serious or habitual juvenile |
| 84 | offenders as provided in s. 985.47. The determination shall be |
| 85 | made under ss. 985.47(1) and 985.433(7). |
| 86 | 2. Any commitment of a child to a program or facility for |
| 87 | serious or habitual juvenile offenders must be for an |
| 88 | indeterminate period of time, but the time may not exceed the |
| 89 | maximum term of imprisonment that an adult may serve for the |
| 90 | same offense. |
| 91 | (c)(d) Commit the child to the department for placement in |
| 92 | a program or facility for juvenile sexual offenders in |
| 93 | accordance with s. 985.48, subject to specific appropriation for |
| 94 | such a program or facility. |
| 95 | 1. The child may only be committed for such placement |
| 96 | pursuant to determination that the child is a juvenile sexual |
| 97 | offender under the criteria specified in s. 985.475. |
| 98 | 2. Any commitment of a juvenile sexual offender to a |
| 99 | program or facility for juvenile sexual offenders must be for an |
| 100 | indeterminate period of time, but the time may not exceed the |
| 101 | maximum term of imprisonment that an adult may serve for the |
| 102 | same offense. |
| 103 | (d) Commit the child to the department for placement in a |
| 104 | mother-infant program designed to serve the needs of juvenile |
| 105 | mothers or expectant juvenile mothers who are committed as |
| 106 | delinquents. The department's mother-infant program must be |
| 107 | licensed as a child care facility in accordance with s. 402.308 |
| 108 | and must provide the services and support necessary to enable |
| 109 | the committed juvenile mothers to provide for the needs of their |
| 110 | infants who, upon agreement of the mother, may accompany them in |
| 111 | the program. |
| 112 | Section 4. Subsection (11) is added to section 985.601, |
| 113 | Florida Statutes, to read: |
| 114 | 985.601 Administering the juvenile justice continuum.- |
| 115 | (11) At the secretary's discretion, the department is |
| 116 | authorized to pay up to $5,000 toward the basic funeral expenses |
| 117 | for a youth who dies while in the custody of the department and |
| 118 | whose parents or guardians are indigent and unable to pay such |
| 119 | expenses and for which there is no other source of funding |
| 120 | available. |
| 121 | Section 5. Paragraphs (a), (b), (c), (e), and (g) of |
| 122 | subsection (5) of section 985.0301, Florida Statutes, are |
| 123 | amended to read: |
| 124 | 985.0301 Jurisdiction.- |
| 125 | (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, |
| 126 | 985.435, 985.439, and 985.441, and except as provided in ss. |
| 127 | 985.461 and, 985.465, and 985.47 and paragraph (f), when the |
| 128 | jurisdiction of any child who is alleged to have committed a |
| 129 | delinquent act or violation of law is obtained, the court shall |
| 130 | retain jurisdiction, unless relinquished by its order, until the |
| 131 | child reaches 19 years of age, with the same power over the |
| 132 | child which the court had before the child became an adult. For |
| 133 | the purposes of s. 985.461, the court may retain jurisdiction |
| 134 | for an additional 365 days following the child's 19th birthday |
| 135 | if the child is participating in transition-to-adulthood |
| 136 | services. The additional services do not extend involuntary |
| 137 | court-sanctioned residential commitment and therefore require |
| 138 | voluntary participation by the affected youth. |
| 139 | (b) Notwithstanding ss. 743.07 and 985.455(3), and except |
| 140 | as provided in s. 985.47, the term of any order placing a child |
| 141 | in a probation program must be until the child's 19th birthday |
| 142 | unless he or she is released by the court on the motion of an |
| 143 | interested party or on his or her own motion. |
| 144 | (c) Notwithstanding ss. 743.07 and 985.455(3), and except |
| 145 | as provided in s. 985.47, the term of the commitment must be |
| 146 | until the child is discharged by the department or until he or |
| 147 | she reaches the age of 21 years. Notwithstanding ss. 743.07, |
| 148 | 985.435, 985.437, 985.439, 985.441, 985.455, and 985.513, and |
| 149 | except as provided in this section and s. 985.47, a child may |
| 150 | not be held under a commitment from a court under s. 985.439, s. |
| 151 | 985.441(1)(a) or (b), or s. 985.455 after becoming 21 years of |
| 152 | age. |
| 153 | (e) The court may retain jurisdiction over a child |
| 154 | committed to the department for placement in an intensive |
| 155 | residential treatment program for 10-year-old to 13-year-old |
| 156 | offenders, in the residential commitment program in a juvenile |
| 157 | prison or, in a residential sex offender program, or in a |
| 158 | program for serious or habitual juvenile offenders as provided |
| 159 | in s. 985.47 or s. 985.483 until the child reaches the age of |
| 160 | 21. If the court exercises this jurisdiction retention, it shall |
| 161 | do so solely for the purpose of the child completing the |
| 162 | intensive residential treatment program for 10-year-old to 13- |
| 163 | year-old offenders, in the residential commitment program in a |
| 164 | juvenile prison, in a residential sex offender program, or the |
| 165 | program for serious or habitual juvenile offenders. Such |
| 166 | jurisdiction retention does not apply for other programs, other |
| 167 | purposes, or new offenses. |
| 168 | (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious |
| 169 | or habitual juvenile offender shall not be held under commitment |
| 170 | from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565 |
| 171 | after becoming 21 years of age. This subparagraph shall apply |
| 172 | only for the purpose of completing the serious or habitual |
| 173 | juvenile offender program under this chapter and shall be used |
| 174 | solely for the purpose of treatment. |
| 175 | 2. The court may retain jurisdiction over a child who has |
| 176 | been placed in a program or facility for serious or habitual |
| 177 | juvenile offenders until the child reaches the age of 21, |
| 178 | specifically for the purpose of the child completing the |
| 179 | program. |
| 180 | Section 6. This act shall take effect July 1, 2012. |