The Florida Senate

¹985.401  Juvenile Justice Accountability Board.--

(1)  The Juvenile Justice Accountability Board shall be composed of nine members. Members of the board shall have direct experience and a strong interest in juvenile justice issues. The authority to appoint the board is allocated as follows:

(a)  Three members appointed by the Governor.

(b)  Three members appointed by the President of the Senate.

(c)  Three members appointed by the Speaker of the House of Representatives.

(2)(a)  A full term shall be 3 years, and the term for each seat on the board commences on October 1 and expires on September 30, without regard to the date of appointment. Each appointing authority shall appoint a member to fill one of the three vacancies that occurs with the expiration of terms on September 30 of each year. A member is not eligible for appointment to more than two full, consecutive terms. A vacancy on the board shall be filled within 60 days after the date on which the vacancy occurs. The appointing authority that made the original appointment shall make the appointment to fill a vacancy that occurs for any reason other than the expiration of a term, and the appointment shall be for the remainder of the unexpired term.

(b)  The board shall annually select a chairperson from among its members.

(c)  The board shall meet at least once each quarter. A member may not authorize a designee to attend a meeting of the board in place of the member. A member who fails to attend two consecutive regularly scheduled meetings of the board, unless the member is excused by the chairperson, shall be deemed to have abandoned the position, and the position shall be declared vacant by the board.

(3)(a)  The board members shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061.

(b)  The board shall appoint an executive director and other personnel who are exempt from part II of chapter 110, relating to the Career Service System.

(c)  The board is assigned, for the purpose of general oversight, to the Joint Legislative Auditing Committee. The board shall develop a budget pursuant to procedures established by the Joint Legislative Auditing Committee.

(d)  The composition of the board shall be broadly reflective of the public and shall include minorities and women. The term "minorities" as used in this paragraph means a member of a socially or economically disadvantaged group that includes African Americans, Hispanics, and American Indians. Members of the board shall have direct experience and a strong interest in juvenile justice issues.

(4)(a)  The board shall establish and operate a comprehensive system to annually measure and report program outcomes and effectiveness for each program operated by the Department of Juvenile Justice or operated by a provider under contract with the department. The system shall include a standard methodology for interpreting the board's outcome evaluation reports, using, where appropriate, the performance-based program budgeting measures approved by the Legislature. The methodology must include:

1.  Common terminology and operational definitions for measuring the performance of system administration, program administration, program outputs, and client outcomes.

2.  Program outputs for each group of programs within each level of the juvenile justice continuum and specific program outputs for each program or program type.

3.  Specification of desired client outcomes and methods by which to measure client outcomes for each program operated by the department or by a provider under contract with the department.

4.  Recommended annual minimum thresholds of satisfactory performance for client outcomes and program outputs.

For the purposes of this section, the term "program" or "program type" means an individual state-operated or contracted facility, site, or service delivered to at-risk or delinquent youth as prescribed in a contract, program description, or program services manual; and the term "program group" means a collection of programs or program types with sufficient similarity of function, services, and clientele to permit appropriate comparisons among programs within the program group.

(b)  In developing the standard methodology, the board shall consult with the department, the ²Division of Economic and Demographic Research, contract service providers, and other interested parties. It is the intent of the Legislature that this effort result in consensus recommendations, and, to the greatest extent possible, integrate the goals and legislatively approved measures of performance-based program budgeting provided in chapter 94-249, Laws of Florida, the quality assurance program provided in s. 985.412, and the cost-effectiveness model provided in s. 985.404(11). The board shall notify the Office of Program Policy Analysis and Government Accountability of any meetings to develop the methodology.

(c)  The board shall annually submit its outcome evaluation report to the Legislature by February 15, which must describe:

1.  The methodology for interpreting outcome evaluations, including common terminology and operational definitions.

2.  The recommended minimum thresholds of satisfactory performance for client outcomes and program outputs applicable to the year for which the data are reported.

3.  The actual client outcomes and program outputs achieved by each program operated by the department or by a provider under contract with the department, compared with the recommended minimum thresholds of satisfactory performance for client outcomes and program outputs for the year under review. The report shall group programs or program types with similarity of function and services and make appropriate comparisons between programs within the program group.

(d)  The board shall use its evaluation research to make advisory recommendations to the Legislature, the Governor, and the department concerning the effectiveness and future funding priorities of juvenile justice programs.

(e)  The board shall annually review and revise the methodology as necessary to ensure the continuing improvement and validity of the evaluation process.

(5)  The board shall:

(a)  Review and recommend programmatic and fiscal policies governing the operation of programs, services, and facilities for which the Department of Juvenile Justice is responsible.

(b)  Monitor the development and implementation of long-range juvenile justice policies, including prevention, early intervention, diversion, adjudication, and commitment.

(c)  Monitor all activities of the executive and judicial branch and their effectiveness in implementing policies pursuant to this chapter.

(d)  Advise the President of the Senate, the Speaker of the House of Representatives, the Governor, and the department on matters relating to this chapter.

(e)  Serve as a clearinghouse to provide information and assistance to the district juvenile justice boards and county juvenile justice councils.

(f)  Hold public hearings and inform the public of activities of the board and of the Department of Juvenile Justice, as appropriate.

(g)  Monitor the delivery and use of services, programs, or facilities operated, funded, regulated, or licensed by the Department of Juvenile Justice for juvenile offenders or alleged juvenile offenders, and for prevention, diversion, or early intervention of delinquency, and to develop programs to educate the citizenry about such services, programs, and facilities and about the need and procedure for siting new facilities.

(h)  Contract for consultants as necessary and appropriate. The board may apply for and receive grants for the purposes of conducting research and evaluation activities.

(i)  Conduct such other activities as the board may determine are necessary and appropriate to monitor the effectiveness of the delivery of juvenile justice programs and services under this chapter.

(j)  The board shall submit an annual report to the President of the Senate, the Speaker of the House of Representatives, the Governor, and the secretary of the department not later than February 15 of each calendar year, summarizing the activities and reports of the board for the preceding year, and any recommendations of the board for the following year.

(6)  Each state agency shall provide assistance when requested by the board. The board shall have access to all records, files, and reports that are material to its duties and that are in the custody of a school board, a law enforcement agency, a state attorney, a public defender, the court, the Department of Children and Family Services, and the department.

History.--s. 4, ch. 94-209; s. 20, ch. 95-267; s. 1, ch. 96-398; s. 1, ch. 96-422; s. 157, ch. 97-101; s. 61, ch. 97-238; s. 12, ch. 98-136; s. 24, ch. 98-207.

¹Note.--Section 1, ch. 98-186, provides:

"Juvenile justice education programs.--

"(1)  It is the intent of the Legislature that education programs for youth committed by the court to residential commitment programs operated by and contracted to the Department of Juvenile Justice be strong components in Florida's efforts to rehabilitate, habilitate, and redirect the lives of juvenile offenders toward a path of responsible citizenship. Education programs are the primary rehabilitative method of turning around and redirecting the lives of juvenile offenders. Efforts to improve the outcomes of juvenile offenders and the accountability and cost-effectiveness of juvenile justice programs cannot be successful unless adequate attention and resources are paid to educational outcomes of youth in the juvenile justice system. New and innovative education programs in residential and nonresidential commitment facilities, in addition to education programs for juvenile offenders who have not been committed to the Department of Juvenile Justice and who are under court supervision in the community, should be explored, developed, or implemented.

"(2)  The ³Juvenile Justice Advisory Board, created pursuant to s. 985.401, Florida Statutes, shall conduct a study to determine the extent and nature of education programs for juvenile offenders committed by the court to the Department of Juvenile Justice and for juvenile offenders under court supervision in the community.

"(3)(a)  The ³Juvenile Justice Advisory Board shall analyze existing juvenile justice education policy, statutes, programs, services, and resources and identify new directions for juvenile justice education.

"(b)  The board shall address, at a minimum, the following issues:

"1.  The extent and nature of education programs in residential and nonresidential commitment programs for juvenile offenders committed by the court to the Department of Juvenile Justice in terms of assessment, curriculum, staffing, delivery, and resources.

"2.  Education curricula and delivery systems most appropriate for youth in the juvenile justice system.

"3.  The extent and nature of existing education programs for juvenile offenders who are not committed by the court to the Department of Juvenile Justice but who are under some type of community-based supervision.

"4.  How educational services for juvenile offenders are currently funded, and identification of barriers to and alternative funding methods for ensuring adequate and effective delivery of educational services for this student population.

"5.  Current statutory provisions for delivering educational services to juvenile offenders, and determination of whether statutory revisions are needed and what those changes should be.

"6.  Barriers to the efficient and effective operation of education programs in juvenile justice settings.

"(4)  The ³Juvenile Justice Advisory Board shall propose any changes to policy, statutes, programs, and funding regarding education programs and services for juvenile offenders, including, but not limited to: flexibility in educational service delivery; education program criteria and student support and continuity for juvenile offenders returning to public schools; education program evaluation and performance measures; and educational staff development, certification, and training.

"(5)  The ³Juvenile Justice Advisory Board shall submit its preliminary findings and recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the House of Representatives by December 31, 1998. Findings and recommendations of the board may serve as the basis for changes in substantive law for the 1999 Regular Session of the Legislature.

"(6)  The ³Juvenile Justice Advisory Board shall hold not less than two public hearings at sites throughout the state to solicit testimony and gather evidence from a broad range of persons related to juvenile justice education issues.

"(7)  The Office of Program Policy Analysis and Government Accountability shall conduct a performance review of education programs for youth in residential commitment facilities. Facilities selected for review shall consist of state-operated and contracted residential commitment facilities in different parts of the state. The purpose of the review is to assist the ³Juvenile Justice Advisory Board in addressing issues described in subsection (3). Specific issues and questions to be addressed in the review shall be determined through discussions with board staff, Department of Juvenile Justice and the Department of Education staff, and staff from relevant legislative committees.

"(8)  The sum of $150,000 is hereby appropriated from the General Revenue Fund to the ³Juvenile Justice Advisory Board for the purpose of funding the study of education programs for juvenile offenders committed by the court to the Department of Juvenile Justice and for juvenile offenders under court supervision in the community. The board shall hire personnel necessary to staff the study. Administrative support services for the study shall be provided by current board staff. The board shall use a subcommittee of interested board members and may request other interested persons to participate and act as a juvenile justice education task force for the study."

²Note.--The Division of Economic and Demographic Research of the Joint Legislative Management Committee was redesignated as the Office of Economic and Demographic Research. See Joint Rule 3.1 as revised by S.C.R. 2536, 1998.

³Note.--Redesignated as the Juvenile Justice Accountability Board by s. 12, ch. 98-136.

Note.--Former s. 39.003.