January 26, 2021
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_h1863__
HB 1863

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.03,
3F.S.; redefining terms relating to juvenile justice;
4defining the term "day treatment"; creating the minimum-
5risk nonresidential restrictiveness level; permitting
6temporary release under specified conditions of youth
7committed to the high-risk residential restrictiveness
8level; amending ss. 985.207 and 985.208, F.S.; conforming
9changes relating to escape from a residential commitment
10facility; amending s. 985.231, F.S.; conforming provisions
11to changes in definitions; providing the maximum length
12for a minimum-risk nonresidential commitment for a second
13degree misdemeanor; providing that the Department of
14Juvenile Justice or a provider report quarterly to the
15court the child's treatment plan progress; amending s.
16985.2311, F.S.; providing that parents shall pay fees for
17costs of supervision related to minimum-risk
18nonresidential commitment; amending s. 985.316, F.S.;
19providing for assessment of residentially committed youth
20for conditional release services; repealing s. 985.403,
21F.S., relating to the Task Force on Juvenile Sexual
22Offenders and their Victims; requiring the Department of
23Juvenile Justice to create a new task force on juvenile
24sexual offenders and their victims; providing powers and
25duties; providing membership; requiring a report;
26providing for administrative support; providing for
27dissolution of the task force; requiring the department to
28establish a task force to study the certification of
29professional staff working for a provider of juvenile
30justice services; providing for membership; requiring the
31task force to consider the feasibility of implementing and
32operating a certification system for professional staff;
33requiring the task force to consider certain specified
34issues; directing the task force to recommend a process
35for testing and validating the effectiveness of the
36recommended staff development system; requiring the task
37force to prepare a report of its deliberations and
38recommendations and to submit the report by a specified
39date; providing for administrative support; providing for
40dissolution of the task force; amending s. 985.4135, F.S.;
41providing for permissible representation on juvenile
42justice county councils or circuit boards; amending ss.
43784.075, 984.05, 985.31, and 985.3141, F.S.; conforming
44cross references; providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 985.03, Florida Statutes, is amended to
49read:
50     985.03  Definitions.--As When used in this chapter, the
51term:
52     (1)  "Addictions receiving facility" means a substance
53abuse service provider as defined in chapter 397.
54     (2)  "Adjudicatory hearing" means a hearing for the court
55to determine whether or not the facts support the allegations
56stated in the petition, as is provided for under s. 985.228 in
57delinquency cases.
58     (3)  "Adult" means any natural person other than a child.
59     (4)  "Arbitration" means a process whereby a neutral third
60person or panel, called an arbitrator or an arbitration panel,
61considers the facts and arguments presented by the parties and
62renders a decision which may be binding or nonbinding.
63     (5)  "Authorized agent" or "designee" of the department
64means a person or agency assigned or designated by the
65department of Juvenile Justice or the Department of Children and
66Family Services, as appropriate, to perform duties or exercise
67powers under pursuant to this chapter and includes contract
68providers and their employees for purposes of providing services
69to and managing cases of children in need of services and
70families in need of services.
71     (6)  "Child" or "juvenile" or "youth" means any unmarried
72person under the age of 18 who has not been emancipated by order
73of the court and who has been found or alleged to be dependent,
74in need of services, or from a family in need of services; or
75any married or unmarried person who is charged with a violation
76of law occurring prior to the time that person reached the age
77of 18 years.
78     (7)  "Child eligible for an intensive residential treatment
79program for offenders less than 13 years of age" means a child
80who has been found to have committed a delinquent act or a
81violation of law in the case currently before the court and who
82meets at least one of the following criteria:
83     (a)  The child is less than 13 years of age at the time of
84the disposition for the current offense and has been adjudicated
85on the current offense for:
86     1.  Arson;
87     2.  Sexual battery;
88     3.  Robbery;
89     4.  Kidnapping;
90     5.  Aggravated child abuse;
91     6.  Aggravated assault;
92     7.  Aggravated stalking;
93     8.  Murder;
94     9.  Manslaughter;
95     10.  Unlawful throwing, placing, or discharging of a
96destructive device or bomb;
97     11.  Armed burglary;
98     12.  Aggravated battery;
99     13.  Any lewd or lascivious offense committed upon or in
100the presence of a person less than 16 years of age; or
101     14.  Carrying, displaying, using, threatening, or
102attempting to use a weapon or firearm during the commission of a
103felony.
104     (b)  The child is less than 13 years of age at the time of
105the disposition, the current offense is a felony, and the child
106has previously been committed at least once to a delinquency
107commitment program.
108     (c)  The child is less than 13 years of age and is
109currently committed for a felony offense and transferred from a
110moderate-risk or high-risk residential commitment placement.
111     (8)  "Child in need of services" means a child for whom
112there is no pending investigation into an allegation or
113suspicion of abuse, neglect, or abandonment; no pending referral
114alleging the child is delinquent; or no current supervision by
115the department of Juvenile Justice or the Department of Children
116and Family Services for an adjudication of dependency or
117delinquency. The child must also, under pursuant to this
118chapter, be found by the court:
119     (a)  To have persistently run away from the child's parents
120or legal custodians despite reasonable efforts of the child, the
121parents or legal custodians, and appropriate agencies to remedy
122the conditions contributing to the behavior. Reasonable efforts
123shall include voluntary participation by the child's parents or
124legal custodians and the child in family mediation, services,
125and treatment offered by the department of Juvenile Justice or
126the Department of Children and Family Services;
127     (b)  To be habitually truant from school, while subject to
128compulsory school attendance, despite reasonable efforts to
129remedy the situation under pursuant to ss. 1003.26 and 1003.27
130and through voluntary participation by the child's parents or
131legal custodians and by the child in family mediation, services,
132and treatment offered by the department of Juvenile Justice or
133the Department of Children and Family Services; or
134     (c)  To have persistently disobeyed the reasonable and
135lawful demands of the child's parents or legal custodians, and
136to be beyond their control despite efforts by the child's
137parents or legal custodians and appropriate agencies to remedy
138the conditions contributing to the behavior. Reasonable efforts
139may include such things as good faith participation in family or
140individual counseling.
141     (9)  "Child who has been found to have committed a
142delinquent act" means a child who, under pursuant to the
143provisions of this chapter, is found by a court to have
144committed a violation of law or to be in direct or indirect
145contempt of court, except that this definition does shall not
146include an act constituting contempt of court arising out of a
147dependency proceeding or a proceeding under pursuant to part III
148of this chapter.
149     (10)  "Child support" means a court-ordered obligation,
150enforced under chapter 61 and ss. 409.2551-409.2597, for
151monetary support for the care, maintenance, training, and
152education of a child.
153     (11)  "Circuit" means any of the 20 judicial circuits as
154set forth in s. 26.021.
155     (12)  "Comprehensive assessment" or "assessment" means the
156gathering of information for the evaluation of a juvenile
157offender's or a child's physical, psychological, educational,
158vocational, and social condition and family environment as they
159relate to the child's need for rehabilitative and treatment
160services, including substance abuse treatment services, mental
161health services, developmental services, literacy services,
162medical services, family services, and other specialized
163services, as appropriate.
164     (13)  "Conditional release" means the care, treatment,
165help, and supervision provided to a juvenile released from a
166residential commitment program which is intended to promote
167rehabilitation and prevent recidivism. The purpose of
168conditional release is to protect the public, reduce recidivism,
169increase responsible productive behavior, and provide for a
170successful transition of the youth from the department to the
171family. Conditional release includes, but is not limited to,
172nonresidential community-based programs.
173     (14)  "Court," unless otherwise expressly stated, means the
174circuit court assigned to exercise jurisdiction under this
175chapter.
176     (15)  "Day treatment" means a nonresidential, community-
177based program designed to provide therapeutic intervention to
178youth who are placed on probation or conditional release or are
179committed to the minimum-risk nonresidential level. A day
180treatment program may provide educational and vocational
181services, and shall provide case management services;
182individual, group, and family counseling; training designed to
183address delinquency risk factors; and monitoring of a youth's
184compliance with, and facilitation of a youth's completion of,
185sanctions if ordered by the court. Program types may include,
186but are not limited to, career programs, marine programs,
187juvenile justice alternative schools, training and
188rehabilitation programs, and gender-specific programs.
189     (16)(15)(a)  "Delinquency program" means any intake,
190probation, or similar program; regional detention center or
191facility; or community-based program, whether owned and operated
192by or contracted by the department of Juvenile Justice, or
193institution owned and operated by or contracted by the
194department of Juvenile Justice, that which provides intake,
195supervision, or custody and care of children who are alleged to
196be or who have been found to be delinquent under pursuant to
197part II.
198     (b)  "Delinquency program staff" means supervisory and
199direct care staff of a delinquency program as well as support
200staff who have direct contact with children in a delinquency
201program.
202     (c)  "Delinquency prevention programs" means programs
203designed for the purpose of reducing the occurrence of
204delinquency, including youth and street gang activity, and
205juvenile arrests. The term excludes arbitration, diversionary or
206mediation programs, and community service work or other
207treatment available subsequent to a child committing a
208delinquent act.
209     (17)(16)  "Department" means the Department of Juvenile
210Justice.
211     (18)(17)  "Designated facility" or "designated treatment
212facility" means any facility designated by the department of
213Juvenile Justice to provide treatment to juvenile offenders.
214     (19)(18)  "Detention care" means the temporary care of a
215child in secure, nonsecure, or home detention, pending a court
216adjudication or disposition or execution of a court order. There
217are three types of detention care, as follows:
218     (a)  "Secure detention" means temporary custody of the
219child while the child is under the physical restriction of a
220detention center or facility pending adjudication, disposition,
221or placement.
222     (b)  "Nonsecure detention" means temporary custody of the
223child while the child is in a residential home in the community
224in a physically nonrestrictive environment under the supervision
225of the department of Juvenile Justice pending adjudication,
226disposition, or placement.
227     (c)  "Home detention" means temporary custody of the child
228while the child is released to the custody of the parent,
229guardian, or custodian in a physically nonrestrictive
230environment under the supervision of the department of Juvenile
231Justice staff pending adjudication, disposition, or placement.
232     (20)(19)  "Detention center or facility" means a facility
233used pending court adjudication or disposition or execution of
234court order for the temporary care of a child alleged or found
235to have committed a violation of law. A detention center or
236facility may provide secure or nonsecure custody. A facility
237used for the commitment of adjudicated delinquents shall not be
238considered a detention center or facility.
239     (21)(20)  "Detention hearing" means a hearing for the court
240to determine if a child should be placed in temporary custody,
241as provided for under ss. 985.213 and 985.215 in delinquency
242cases.
243     (22)(21)  "Disposition hearing" means a hearing in which
244the court determines the most appropriate dispositional services
245in the least restrictive available setting provided for under s.
246985.231, in delinquency cases.
247     (23)(22)  "Family" means a collective of persons,
248consisting of a child and a parent, guardian, adult custodian,
249or adult relative, in which:
250     (a)  The persons reside in the same house or living unit;
251or
252     (b)  The parent, guardian, adult custodian, or adult
253relative has a legal responsibility by blood, marriage, or court
254order to support or care for the child.
255     (24)(23)  "Family in need of services" means a family that
256has a child for whom there is no pending investigation into an
257allegation of abuse, neglect, or abandonment or no current
258supervision by the department of Juvenile Justice or the
259Department of Children and Family Services for an adjudication
260of dependency or delinquency. The child must also have been
261referred to a law enforcement agency or the department of
262Juvenile Justice for:
263     (a)  Running away from parents or legal custodians;
264     (b)  Persistently disobeying reasonable and lawful demands
265of parents or legal custodians, and being beyond their control;
266or
267     (c)  Habitual truancy from school.
268     (25)(24)  "Foster care" means care provided a child in a
269foster family or boarding home, group home, agency boarding
270home, child care institution, or any combination thereof.
271     (26)(25)  "Habitually truant" means that:
272     (a)  The child has 15 unexcused absences within 90 calendar
273days with or without the knowledge or justifiable consent of the
274child's parent or legal guardian, is subject to compulsory
275school attendance under s. 1003.21(1) and (2)(a), and is not
276exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
277specified by law or the rules of the State Board of Education.
278     (b)  Escalating activities to determine the cause, and to
279attempt the remediation, of the child's truant behavior under
280ss. 1003.26 and 1003.27 have been completed.
281
282If a child who is subject to compulsory school attendance is
283responsive to the interventions described in ss. 1003.26 and
2841003.27 and has completed the necessary requirements to pass the
285current grade as indicated in the district pupil progression
286plan, the child shall not be determined to be habitually truant
287and shall be passed. If a child within the compulsory school
288attendance age has 15 unexcused absences within 90 calendar days
289or fails to enroll in school, the state attorney may file a
290child-in-need-of-services petition. Before Prior to filing a
291petition, the child must be referred to the appropriate agency
292for evaluation. After consulting with the evaluating agency, the
293state attorney may elect to file a child-in-need-of-services
294petition.
295     (c)  A school representative, designated according to
296school board policy, and a juvenile probation officer of the
297department of Juvenile Justice have jointly investigated the
298truancy problem or, if that was not feasible, have performed
299separate investigations to identify conditions that could be
300contributing to the truant behavior; and if, after a joint
301staffing of the case to determine the necessity for services,
302such services were determined to be needed, the persons who
303performed the investigations met jointly with the family and
304child to discuss any referral to appropriate community agencies
305for economic services, family or individual counseling, or other
306services required to remedy the conditions that are contributing
307to the truant behavior.
308     (d)  The failure or refusal of the parent or legal guardian
309or the child to participate, or make a good faith effort to
310participate, in the activities prescribed to remedy the truant
311behavior, or the failure or refusal of the child to return to
312school after participation in activities required by this
313subsection, or the failure of the child to stop the truant
314behavior after the school administration and the department of
315Juvenile Justice have worked with the child as described in s.
3161003.27(3) shall be handled as prescribed in s. 1003.27.
317     (27)(26)  "Halfway house" means a community-based
318residential program for 10 or more committed delinquents at the
319moderate-risk commitment level which is operated or contracted
320by the department of Juvenile Justice.
321     (28)(27)  "Intake" means the initial acceptance and
322screening by the department of Juvenile Justice of a complaint
323or a law enforcement report or probable cause affidavit of
324delinquency, family in need of services, or child in need of
325services to determine the recommendation to be taken in the best
326interests of the child, the family, and the community. The
327emphasis of intake is on diversion and the least restrictive
328available services. Consequently, intake includes such
329alternatives as:
330     (a)  The disposition of the complaint, report, or probable
331cause affidavit without court or public agency action or
332judicial handling when appropriate.
333     (b)  The referral of the child to another public or private
334agency when appropriate.
335     (c)  The recommendation by the juvenile probation officer
336of judicial handling when appropriate and warranted.
337     (29)(28)  "Judge" means the circuit judge exercising
338jurisdiction pursuant to this chapter.
339     (30)(29)  "Juvenile justice continuum" includes, but is not
340limited to, delinquency prevention programs and services
341designed for the purpose of preventing or reducing delinquent
342acts, including criminal activity by youth gangs, and juvenile
343arrests, as well as programs and services targeted at children
344who have committed delinquent acts, and children who have
345previously been committed to residential treatment programs for
346delinquents. The term includes children-in-need-of-services and
347families-in-need-of-services programs; conditional release;
348substance abuse and mental health programs; educational and
349career programs; recreational programs; community services
350programs; community service work programs; and alternative
351dispute resolution programs serving children at risk of
352delinquency and their families, whether offered or delivered by
353state or local governmental entities, public or private for-
354profit or not-for-profit organizations, or religious or
355charitable organizations.
356     (31)(30)  "Juvenile probation officer" means the authorized
357agent of the department of Juvenile Justice who performs the
358intake, case management, or supervision functions.
359     (32)(31)  "Juvenile sexual offender" means:
360     (a)  A juvenile who has been found by the court under
361pursuant to s. 985.228 to have committed a violation of chapter
362794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
363     (b)  A juvenile found to have committed any felony
364violation of law or delinquent act involving juvenile sexual
365abuse. "Juvenile sexual abuse" means any sexual behavior that
366which occurs without consent, without equality, or as a result
367of coercion. For purposes of this subsection, the following
368definitions apply:
369     1.  "Coercion" means the exploitation of authority, use of
370bribes, threats of force, or intimidation to gain cooperation or
371compliance.
372     2.  "Equality" means two participants operating with the
373same level of power in a relationship, neither being controlled
374nor coerced by the other.
375     3.  "Consent" means an agreement including all of the
376following:
377     a.  Understanding what is proposed based on age, maturity,
378developmental level, functioning, and experience.
379     b.  Knowledge of societal standards for what is being
380proposed.
381     c.  Awareness of potential consequences and alternatives.
382     d.  Assumption that agreement or disagreement will be
383accepted equally.
384     e.  Voluntary decision.
385     f.  Mental competence.
386
387Juvenile sexual offender behavior ranges from noncontact sexual
388behavior such as making obscene phone calls, exhibitionism,
389voyeurism, and the showing or taking of lewd photographs to
390varying degrees of direct sexual contact, such as frottage,
391fondling, digital penetration, rape, fellatio, sodomy, and
392various other sexually aggressive acts.
393     (33)(32)  "Legal custody or guardian" means a legal status
394created by court order or letter of guardianship which vests in
395a custodian of the person or guardian, whether an agency or an
396individual, the right to have physical custody of the child and
397the right and duty to protect, train, and discipline the child
398and to provide him or her with food, shelter, education, and
399ordinary medical, dental, psychiatric, and psychological care.
400     (34)(33)  "Licensed child-caring agency" means a person,
401society, association, or agency licensed by the Department of
402Children and Family Services to care for, receive, and board
403children.
404     (35)(34)  "Licensed health care professional" means a
405physician licensed under chapter 458, an osteopathic physician
406licensed under chapter 459, a nurse licensed under part I of
407chapter 464, a physician assistant licensed under chapter 458 or
408chapter 459, or a dentist licensed under chapter 466.
409     (36)(35)  "Likely to injure oneself" means that, as
410evidenced by violent or other actively self-destructive
411behavior, it is more likely than not that within a 24-hour
412period the child will attempt to commit suicide or inflict
413serious bodily harm on himself or herself.
414     (37)(36)  "Likely to injure others" means that it is more
415likely than not that within a 24-hour period the child will
416inflict serious and unjustified bodily harm on another person.
417     (38)(37)  "Mediation" means a process whereby a neutral
418third person called a mediator acts to encourage and facilitate
419the resolution of a dispute between two or more parties. It is
420an informal and nonadversarial process with the objective of
421helping the disputing parties reach a mutually acceptable and
422voluntary agreement. In mediation, decisionmaking authority
423rests with the parties. The role of the mediator includes, but
424is not limited to, assisting the parties in identifying issues,
425fostering joint problem solving, and exploring settlement
426alternatives.
427     (39)(38)  "Necessary medical treatment" means care which is
428necessary within a reasonable degree of medical certainty to
429prevent the deterioration of a child's condition or to alleviate
430immediate pain of a child.
431     (40)(39)  "Next of kin" means an adult relative of a child
432who is the child's brother, sister, grandparent, aunt, uncle, or
433first cousin.
434     (41)(40)  "Parent" means a woman who gives birth to a child
435and a man whose consent to the adoption of the child would be
436required under s. 63.062(1). If a child has been legally
437adopted, the term "parent" means the adoptive mother or father
438of the child. The term does not include an individual whose
439parental relationship to the child has been legally terminated,
440or an alleged or prospective parent, unless the parental status
441falls within the terms of either s. 39.503(1) or s. 63.062(1).
442     (42)(41)  "Preliminary screening" means the gathering of
443preliminary information to be used in determining a child's need
444for further evaluation or assessment or for referral for other
445substance abuse services through means such as psychosocial
446interviews; urine and breathalyzer screenings; and reviews of
447available educational, delinquency, and dependency records of
448the child.
449     (43)(42)  "Preventive services" means social services and
450other supportive and rehabilitative services provided to the
451parent of the child, the legal guardian of the child, or the
452custodian of the child and to the child for the purpose of
453averting the removal of the child from the home or disruption of
454a family that which will or could result in the placement of a
455child in foster care. Social services and other supportive and
456rehabilitative services shall promote the child's need for a
457safe, continuous, stable living environment and shall promote
458family autonomy and shall strengthen family life as the first
459priority whenever possible.
460     (44)(43)  "Probation" means the legal status of probation
461created by law and court order in cases involving a child who
462has been found to have committed a delinquent act. Probation is
463an individualized program in which the freedom of the child is
464limited and the child is restricted to noninstitutional quarters
465or restricted to the child's home in lieu of commitment to the
466custody of the department of Juvenile Justice. Youth on
467probation may be assessed and classified for placement in day-
468treatment probation programs designed for youth who represent a
469minimum risk to themselves and public safety and do not require
470placement and services in a residential setting. Program types
471in this more intensive and structured day-treatment probation
472option include career programs, marine programs, juvenile
473justice alternative schools, training and rehabilitation
474programs, and gender-specific programs.
475     (45)(44)  "Relative" means a grandparent, great-
476grandparent, sibling, first cousin, aunt, uncle, great-aunt,
477great-uncle, niece, or nephew, whether related by the whole or
478half blood, by affinity, or by adoption. The term does not
479include a stepparent.
480     (46)(45)  "Restrictiveness Residential Commitment level"
481means the level of programming and security provided by programs
482that service the supervision, custody, care, and treatment needs
483of committed children. Sections 985.3141 and 985.404(11) apply
484to children placed in programs at any residential commitment
485level. The restrictiveness levels of residential commitment are
486as follows:
487     (a)  Minimum-risk nonresidential.--Programs or program
488models at this commitment level work with youth who remain in
489the community and participate at least 5 days per week in a day
490treatment program. Youth assessed and classified for programs at
491this commitment level represent a minimum risk to themselves and
492public safety and do not require placement and services in
493residential settings. Youth in this level have full access to,
494and reside in, the community. Youth who have been found to have
495committed delinquent acts that involve firearms, delinquent acts
496that are sexual offenses, or delinquent acts that would be life
497felonies or first degree felonies if committed by an adult shall
498not be committed to a program at this level.
499     (b)(a)  Low-risk residential.--Programs or program models
500at this commitment level are residential but may allow youth to
501have unsupervised access to the community. Youth assessed and
502classified for placement in programs at this commitment level
503represent a low risk to themselves and public safety but do
504require placement and services in residential settings. Children
505who have been found to have committed delinquent acts that
506involve firearms, delinquent acts that are sexual offenses, or
507delinquent acts that would be life felonies or first degree
508felonies if committed by an adult shall not be committed to a
509program at this level.
510     (c)(b)  Moderate-risk residential.--Programs or program
511models at this commitment level are residential but may allow
512youth to have supervised access to the community. Facilities are
513either environmentally secure, staff secure, or are hardware-
514secure with walls, fencing, or locking doors. Facilities shall
515provide 24-hour awake supervision, custody, care, and treatment
516of residents. Youth assessed and classified for placement in
517programs at this commitment level represent a moderate risk to
518public safety and require close supervision. The staff at a
519facility at this commitment level may seclude a child who is a
520physical threat to himself or herself or others. Mechanical
521restraint may also be used when necessary.
522     (d)(c)  High-risk residential.--Programs or program models
523at this commitment level are residential and do shall not allow
524youth to have access to the community except that temporary
525release providing community access for up to 72 continuous hours
526for a youth who has made successful progress in his or her
527program may be approved by a court in order to attend a family
528emergency or, during the final 120 days of his or her placement,
529to visit his or her home, enroll in school or a vocational
530program, complete a job interview, or participate in a community
531service project. High-risk residential facilities are hardware-
532secure with perimeter fencing and locking doors. Facilities
533shall provide 24-hour awake supervision, custody, care, and
534treatment of residents. Youth assessed and classified for this
535level of placement require close supervision in a structured
536residential setting. Placement in programs at this level is
537prompted by a concern for public safety that outweighs placement
538in programs at lower commitment levels. The staff at a facility
539at this commitment level may seclude a child who is a physical
540threat to himself or herself or others. Mechanical restraint may
541also be used when necessary. The facility may provide for single
542cell occupancy.
543     (e)(d)  Maximum-risk residential.--Programs or program
544models at this commitment level include juvenile correctional
545facilities and juvenile prisons. The programs are long-term
546residential and do shall not allow youth to have access to the
547community. Facilities are maximum-custody hardware-secure with
548perimeter security fencing and locking doors. Facilities shall
549provide 24-hour awake supervision, custody, care, and treatment
550of residents. The staff at a facility at this commitment level
551may seclude a child who is a physical threat to himself or
552herself or others. Mechanical restraint may also be used when
553necessary. The facility shall provide for single cell occupancy,
554except that youth may be housed together during prerelease
555transition. Youth assessed and classified for this level of
556placement require close supervision in a maximum security
557residential setting. Placement in a program at this level is
558prompted by a demonstrated need to protect the public.
559     (47)(46)  "Respite" means a placement that is available for
560the care, custody, and placement of a youth charged with
561domestic violence as an alternative to secure detention or for
562placement of a youth when a shelter bed for a child in need of
563services or a family in need of services is unavailable.
564     (48)(47)  "Secure detention center or facility" means a
565physically restricting facility for the temporary care of
566children, pending adjudication, disposition, or placement.
567     (49)(48)  "Serious or habitual juvenile offender," for
568purposes of commitment to a residential facility and for
569purposes of records retention, means a child who has been found
570to have committed a delinquent act or a violation of law, in the
571case currently before the court, and who meets at least one of
572the following criteria:
573     (a)  The youth is at least 13 years of age at the time of
574the disposition for the current offense and has been adjudicated
575on the current offense for:
576     1.  Arson;
577     2.  Sexual battery;
578     3.  Robbery;
579     4.  Kidnapping;
580     5.  Aggravated child abuse;
581     6.  Aggravated assault;
582     7.  Aggravated stalking;
583     8.  Murder;
584     9.  Manslaughter;
585     10.  Unlawful throwing, placing, or discharging of a
586destructive device or bomb;
587     11.  Armed burglary;
588     12.  Aggravated battery;
589     13.  Any lewd or lascivious offense committed upon or in
590the presence of a person less than 16 years of age; or
591     14.  Carrying, displaying, using, threatening, or
592attempting to use a weapon or firearm during the commission of a
593felony.
594     (b)  The youth is at least 13 years of age at the time of
595the disposition, the current offense is a felony, and the child
596has previously been committed at least two times to a
597delinquency commitment program.
598     (c)  The youth is at least 13 years of age and is currently
599committed for a felony offense and transferred from a moderate-
600risk or high-risk residential commitment placement.
601     (50)(49)  "Serious or habitual juvenile offender program"
602means the program established in s. 985.31.
603     (51)(50)  "Shelter" means a place for the temporary care of
604a child who is alleged to be or who has been found to be
605delinquent.
606     (52)(51)  "Shelter hearing" means a hearing provided for
607under s. 984.14 in family-in-need-of-services cases or child-in-
608need-of-services cases.
609     (53)(52)  "Staff-secure shelter" means a facility in which
610a child is supervised 24 hours a day by staff members who are
611awake while on duty. The facility is for the temporary care and
612assessment of a child who has been found to be dependent, who
613has violated a court order and been found in contempt of court,
614or whom the Department of Children and Family Services is unable
615to properly assess or place for assistance within the continuum
616of services provided for dependent children.
617     (54)(53)  "Substance abuse" means using, without medical
618reason, any psychoactive or mood-altering drug, including
619alcohol, in such a manner as to induce impairment resulting in
620dysfunctional social behavior.
621     (55)(54)  "Taken into custody" means the status of a child
622immediately when temporary physical control over the child is
623attained by a person authorized by law, pending the child's
624release, detention, placement, or other disposition as
625authorized by law.
626     (56)(55)  "Temporary legal custody" means the relationship
627that a juvenile court creates between a child and an adult
628relative of the child, adult nonrelative approved by the court,
629or other person until a more permanent arrangement is ordered.
630Temporary legal custody confers upon the custodian the right to
631have temporary physical custody of the child and the right and
632duty to protect, train, and discipline the child and to provide
633the child with food, shelter, and education, and ordinary
634medical, dental, psychiatric, and psychological care, unless
635these rights and duties are otherwise enlarged or limited by the
636court order establishing the temporary legal custody
637relationship.
638     (57)(56)  "Temporary release" means the terms and
639conditions under which a child is temporarily released from a
640residential commitment facility or allowed home visits. If the
641temporary release is from a moderate-risk residential facility,
642a high-risk residential facility, or a maximum-risk residential
643facility, the terms and conditions of the temporary release must
644be approved by the child, the court, and the facility. The term
645includes periods during which the child is supervised pursuant
646to a conditional release program or a period during which the
647child is supervised by a juvenile probation officer or other
648nonresidential staff of the department or staff employed by an
649entity under contract with the department.
650     (58)(57)  "Training school" means one of the following
651facilities: the Arthur G. Dozier School or the Eckerd Youth
652Development Center.
653     (59)(58)  "Violation of law" or "delinquent act" means a
654violation of any law of this state, the United States, or any
655other state which is a misdemeanor or a felony or a violation of
656a county or municipal ordinance which would be punishable by
657incarceration if the violation were committed by an adult.
658     (60)(59)  "Waiver hearing" means a hearing provided for
659under s. 985.226(3).
660     Section 2.  Paragraph (d) of subsection (1) of section
661985.207, Florida Statutes, is amended to read:
662     985.207  Taking a child into custody.--
663     (1)  A child may be taken into custody under the following
664circumstances:
665     (d)  By a law enforcement officer who has probable cause to
666believe that the child is in violation of the conditions of the
667child's probation, home detention, postcommitment probation, or
668conditional release supervision or has escaped in violation of
669s. 985.3141 from commitment.
670
671Nothing in this subsection shall be construed to allow the
672detention of a child who does not meet the detention criteria in
673s. 985.215.
674     Section 3.  Subsection (1) of section 985.208, Florida
675Statutes, is amended to read:
676     985.208  Detention of escapee on authority of the
677department.--
678     (1)  If an authorized agent of the department has
679reasonable grounds to believe that any delinquent child
680committed to the department has escaped from a residential
681commitment facility of the department or from being lawfully
682transported thereto or therefrom, the agent may take the child
683into active custody and may deliver the child to the facility
684or, if it is closer, to a detention center for return to the
685facility. However, a child may not be held in detention longer
686than 24 hours, excluding Saturdays, Sundays, and legal holidays,
687unless a special order so directing is made by the judge after a
688detention hearing resulting in a finding that detention is
689required based on the criteria in s. 985.215(2). The order shall
690state the reasons for such finding. The reasons shall be
691reviewable by appeal or in habeas corpus proceedings in the
692district court of appeal.
693     Section 4.  Paragraphs (a) and (d) of subsection (1) and
694subsection (2) of section 985.231, Florida Statutes, are amended
695to read:
696     985.231  Powers of disposition in delinquency cases.--
697     (1)(a)  The court that has jurisdiction of an adjudicated
698delinquent child may, by an order stating the facts upon which a
699determination of a sanction and rehabilitative program was made
700at the disposition hearing:
701     1.  Place the child in a probation program or a
702postcommitment probation program under the supervision of an
703authorized agent of the department of Juvenile Justice or of any
704other person or agency specifically authorized and appointed by
705the court, whether in the child's own home, in the home of a
706relative of the child, or in some other suitable place under
707such reasonable conditions as the court may direct. A probation
708program for an adjudicated delinquent child must include a
709penalty component such as restitution in money or in kind,
710community service, a curfew, revocation or suspension of the
711driver's license of the child, or other nonresidential
712punishment appropriate to the offense and must also include a
713rehabilitative program component such as a requirement of
714participation in substance abuse treatment or in school or other
715educational program. If the child is attending or is eligible to
716attend public school and the court finds that the victim or a
717sibling of the victim in the case is attending or may attend the
718same school as the child, the court placement order shall
719include a finding pursuant to the proceedings described in s.
720985.23(1)(d). Upon the recommendation of the department at the
721time of disposition, or subsequent to disposition pursuant to
722the filing of a petition alleging a violation of the child's
723conditions of postcommitment probation, the court may order the
724child to submit to random testing for the purpose of detecting
725and monitoring the use of alcohol or controlled substances.
726     a.  A restrictiveness level classification scale for levels
727of supervision shall be provided by the department, taking into
728account the child's needs and risks relative to probation
729supervision requirements to reasonably ensure the public safety.
730Probation programs for children shall be supervised by the
731department or by any other person or agency specifically
732authorized by the court. These programs must include, but are
733not limited to, structured or restricted activities as described
734in this subparagraph, and shall be designed to encourage the
735child toward acceptable and functional social behavior. If
736supervision or a program of community service is ordered by the
737court, the duration of such supervision or program must be
738consistent with any treatment and rehabilitation needs
739identified for the child and may not exceed the term for which
740sentence could be imposed if the child were committed for the
741offense, except that the duration of such supervision or program
742for an offense that is a misdemeanor of the second degree, or is
743equivalent to a misdemeanor of the second degree, may be for a
744period not to exceed 6 months. When restitution is ordered by
745the court, the amount of restitution may not exceed an amount
746the child and the parent or guardian could reasonably be
747expected to pay or make. A child who participates in any work
748program under this part is considered an employee of the state
749for purposes of liability, unless otherwise provided by law.
750     b.  The court may conduct judicial review hearings for a
751child placed on probation for the purpose of fostering
752accountability to the judge and compliance with other
753requirements, such as restitution and community service. The
754court may allow early termination of probation for a child who
755has substantially complied with the terms and conditions of
756probation.
757     c.  If the conditions of the probation program or the
758postcommitment probation program are violated, the department or
759the state attorney may bring the child before the court on a
760petition alleging a violation of the program. Any child who
761violates the conditions of probation or postcommitment probation
762must be brought before the court if sanctions are sought. A
763child taken into custody under s. 985.207 for violating the
764conditions of probation or postcommitment probation shall be
765held in a consequence unit if such a unit is available. The
766child shall be afforded a hearing within 24 hours after being
767taken into custody to determine the existence of probable cause
768that the child violated the conditions of probation or
769postcommitment probation. A consequence unit is a secure
770facility specifically designated by the department for children
771who are taken into custody under s. 985.207 for violating
772probation or postcommitment probation, or who have been found by
773the court to have violated the conditions of probation or
774postcommitment probation. If the violation involves a new charge
775of delinquency, the child may be detained under s. 985.215 in a
776facility other than a consequence unit. If the child is not
777eligible for detention for the new charge of delinquency, the
778child may be held in the consequence unit pending a hearing and
779is subject to the time limitations specified in s. 985.215. If
780the child denies violating the conditions of probation or
781postcommitment probation, the court shall appoint counsel to
782represent the child at the child's request. Upon the child's
783admission, or if the court finds after a hearing that the child
784has violated the conditions of probation or postcommitment
785probation, the court shall enter an order revoking, modifying,
786or continuing probation or postcommitment probation. In each
787such case, the court shall enter a new disposition order and, in
788addition to the sanctions set forth in this paragraph, may
789impose any sanction the court could have imposed at the original
790disposition hearing. If the child is found to have violated the
791conditions of probation or postcommitment probation, the court
792may:
793     (I)  Place the child in a consequence unit in that judicial
794circuit, if available, for up to 5 days for a first violation,
795and up to 15 days for a second or subsequent violation.
796     (II)  Place the child on home detention with electronic
797monitoring. However, this sanction may be used only if a
798residential consequence unit is not available.
799     (III)  Modify or continue the child's probation program or
800postcommitment probation program.
801     (IV)  Revoke probation or postcommitment probation and
802commit the child to the department.
803     d.  Notwithstanding s. 743.07 and paragraph (d), and except
804as provided in s. 985.31, the term of any order placing a child
805in a probation program must be until the child's 19th birthday
806unless he or she is released by the court, on the motion of an
807interested party or on its own motion.
808     2.  Commit the child to a licensed child-caring agency
809willing to receive the child, but the court may not commit the
810child to a jail or to a facility used primarily as a detention
811center or facility or shelter.
812     3.  Commit the child to the department of Juvenile Justice
813at a restrictiveness residential commitment level defined in s.
814985.03. Such commitment must be for the purpose of exercising
815active control over the child, including, but not limited to,
816custody, care, training, urine monitoring, and treatment of the
817child and release of the child from residential commitment into
818the community in a postcommitment nonresidential conditional
819release program. If the child is eligible to attend public
820school following residential commitment and the court finds that
821the victim or a sibling of the victim in the case is or may be
822attending the same school as the child, the commitment order
823shall include a finding pursuant to the proceedings described in
824s. 985.23(1)(d). If the child is not successful in the
825conditional release program, the department may use the transfer
826procedure under s. 985.404. Notwithstanding s. 743.07 and
827paragraph (d), and except as provided in s. 985.31, the term of
828the commitment must be until the child is discharged by the
829department or until he or she reaches the age of 21.
830     4.  Revoke or suspend the driver's license of the child.
831     5.  Require the child and, if the court finds it
832appropriate, the child's parent or guardian together with the
833child, to render community service in a public service program.
834     6.  As part of the probation program to be implemented by
835the department of Juvenile Justice, or, in the case of a
836committed child, as part of the community-based sanctions
837ordered by the court at the disposition hearing or before the
838child's release from commitment, order the child to make
839restitution in money, through a promissory note cosigned by the
840child's parent or guardian, or in kind for any damage or loss
841caused by the child's offense in a reasonable amount or manner
842to be determined by the court. The clerk of the circuit court
843shall be the receiving and dispensing agent. In such case, the
844court shall order the child or the child's parent or guardian to
845pay to the office of the clerk of the circuit court an amount
846not to exceed the actual cost incurred by the clerk as a result
847of receiving and dispensing restitution payments. The clerk
848shall notify the court if restitution is not made, and the court
849shall take any further action that is necessary against the
850child or the child's parent or guardian. A finding by the court,
851after a hearing, that the parent or guardian has made diligent
852and good faith efforts to prevent the child from engaging in
853delinquent acts absolves the parent or guardian of liability for
854restitution under this subparagraph.
855     7.  Order the child and, if the court finds it appropriate,
856the child's parent or guardian together with the child, to
857participate in a community work project, either as an
858alternative to monetary restitution or as part of the
859rehabilitative or probation program.
860     8.  Commit the child to the department of Juvenile Justice
861for placement in a program or facility for serious or habitual
862juvenile offenders in accordance with s. 985.31. Any commitment
863of a child to a program or facility for serious or habitual
864juvenile offenders must be for an indeterminate period of time,
865but the time may not exceed the maximum term of imprisonment
866that an adult may serve for the same offense. The court may
867retain jurisdiction over such child until the child reaches the
868age of 21, specifically for the purpose of the child completing
869the program.
870     9.  In addition to the sanctions imposed on the child,
871order the parent or guardian of the child to perform community
872service if the court finds that the parent or guardian did not
873make a diligent and good faith effort to prevent the child from
874engaging in delinquent acts. The court may also order the parent
875or guardian to make restitution in money or in kind for any
876damage or loss caused by the child's offense. The court shall
877determine a reasonable amount or manner of restitution, and
878payment shall be made to the clerk of the circuit court as
879provided in subparagraph 6.
880     10.  Subject to specific appropriation, commit the juvenile
881sexual offender to the department of Juvenile Justice for
882placement in a program or facility for juvenile sexual offenders
883in accordance with s. 985.308. Any commitment of a juvenile
884sexual offender to a program or facility for juvenile sexual
885offenders must be for an indeterminate period of time, but the
886time may not exceed the maximum term of imprisonment that an
887adult may serve for the same offense. The court may retain
888jurisdiction over a juvenile sexual offender until the juvenile
889sexual offender reaches the age of 21, specifically for the
890purpose of completing the program.
891     (d)  Any commitment of a delinquent child to the department
892of Juvenile Justice must be for an indeterminate period of time,
893which may include periods of temporary release; however, but the
894period of time may not exceed the maximum term of imprisonment
895that an adult may serve for the same offense, except that the
896duration of a minimum-risk nonresidential commitment for an
897offense that is a misdemeanor of the second degree, or is
898equivalent to a misdemeanor of the second degree, may be for a
899period not to exceed 6 months. The duration of the child's
900placement in a residential commitment program of any
901restrictiveness level shall be based on objective performance-
902based treatment planning. The child's treatment plan progress
903and adjustment-related issues shall be reported to the court
904quarterly, unless the court requests monthly reports each month.
905The child's length of stay in a residential commitment program
906may be extended if the child fails to comply with or participate
907in treatment activities. The child's length of stay in such
908program shall not be extended for purposes of sanction or
909punishment. Any temporary release from the such program must be
910approved by the court. Any child so committed may be discharged
911from institutional confinement or a program upon the direction
912of the department with the concurrence of the court. The child's
913treatment plan progress and adjustment-related issues must be
914communicated to the court at the time the department requests
915the court to consider releasing the child from the residential
916commitment program. Notwithstanding s. 743.07 and this
917subsection, and except as provided in ss. 985.201 and 985.31, a
918child may not be held under a commitment from a court under
919pursuant to this section after becoming 21 years of age. The
920department shall give the court that committed the child to the
921department reasonable notice, in writing, of its desire to
922discharge the child from a commitment facility. The court that
923committed the child may thereafter accept or reject the request.
924If the court does not respond within 10 days after receipt of
925the notice, the request of the department shall be deemed
926granted. This section does not limit the department's authority
927to revoke a child's temporary release status and return the
928child to a commitment facility for any violation of the terms
929and conditions of the temporary release.
930     (2)  Following a delinquency adjudicatory hearing pursuant
931to s. 985.228 and a delinquency disposition hearing pursuant to
932s. 985.23 which results in a commitment determination, the court
933shall, on its own or upon request by the state or the
934department, determine whether the protection of the public
935requires that the child be placed in a program for serious or
936habitual juvenile offenders and whether the particular needs of
937the child would be best served by a program for serious or
938habitual juvenile offenders as provided in s. 985.31. The
939determination shall be made pursuant to ss. 985.03(49)(48) and
940985.23(3).
941     Section 5.  Paragraph (a) of subsection (1) of section
942985.2311, Florida Statutes, is amended to read:
943     985.2311  Cost of supervision; cost of care.--
944     (1)  Except as provided in subsection (3) or subsection
945(4):
946     (a)  When any child is placed into home detention,
947probation, or other supervision status with the department, or
948is committed to the minimum-risk nonresidential restrictiveness
949level of Juvenile Justice, the court shall order the parent of
950such child to pay to the department a fee for the cost of the
951supervision of such child in the amount of $1 per day for each
952day that the child is in such supervision status.
953     Section 6.  Subsection (3) of section 985.316, Florida
954Statutes, is amended to read:
955     985.316  Conditional release.--
956     (3)  For juveniles referred or committed to the department,
957the function of the department may include, but shall not be
958limited to, assessing each committed juvenile placed in a
959residential commitment program to determine the need for
960conditional release services upon release from the a commitment
961program, supervising the juvenile when released into the
962community from a residential commitment facility of the
963department, providing such counseling and other services as may
964be necessary for the families and assisting their preparations
965for the return of the child. Subject to specific appropriation,
966the department shall provide for outpatient sexual offender
967counseling for any juvenile sexual offender released from a
968residential commitment program as a component of conditional
969release.
970     Section 7.  Section 985.403, Florida Statutes, is repealed.
971     Section 8.  Task Force on Juvenile Sexual Offenders and
972their Victims.--
973     (1)  On or before August 1, 2005, the Department of
974Juvenile Justice shall create a task force to review and
975evaluate the state's laws that address juvenile sex offenders
976and the department's practices and procedures for serving these
977offenders and their victims. The task force shall make findings
978that include, but are not limited to, a profile of this state's
979juvenile sex offenders and of dispositions received by those
980offenders, identification of statutes that address these
981offenders, identification of community-based and commitment
982programming available for these offenders and of such
983programming's effectiveness, the appropriateness and
984rehabilitative efficacy of placing these offenders in
985residential commitment programs, and identification of
986qualifications required for staff who serve these offenders.
987Based on its findings, the task force shall make recommendations
988for how the state's laws, policies, programs, and funding for
989juvenile sexual offenders may be improved.
990     (2)  The Secretary of Juvenile Justice, or his or her
991designee, shall appoint up to 12 members to the task force. The
992task force shall be composed of representatives who shall
993include, but are not limited to: a circuit court judge with at
994least 1 year's experience in the juvenile division, a state
995attorney with at least 1 year's experience in the juvenile
996division, a public defender with at least 1 year's experience in
997the juvenile division, one representative of the Department of
998Juvenile Justice, two representatives of providers of juvenile
999sexual offender services, one member of the Florida Juvenile
1000Justice Association, one licensed sex offender therapist, and
1001one victim of a juvenile sexual offense.
1002     (3)  The task force shall submit a written report of its
1003findings and recommendations to the Governor, the President of
1004the Senate, and the Speaker of the House of Representatives by
1005December 1, 2005.
1006     (4)  Administrative support for the task force shall be
1007provided by the Department of Juvenile Justice. Members of the
1008task force shall receive no salary and are not entitled to
1009reimbursement for travel and per diem expenses.
1010     (5)  The task force shall be dissolved upon submission of
1011its report.
1012     Section 9.  Task force to study certification for juvenile
1013justice provider staff.--
1014     (1)  On or before August 1, 2005, the Department of
1015Juvenile Justice shall create a task force to study the
1016feasibility of establishing a certification process for staff
1017employed by a provider under contract with the Department of
1018Juvenile Justice to provide juvenile justice services to youth.
1019     (2)  The Secretary of Juvenile Justice, or his or her
1020designee, shall appoint up to twelve 12 members to the task
1021force. The task force shall be composed of representatives who
1022shall include, but are not limited to, the following: two
1023representatives of the Department of Juvenile Justice, two
1024representatives of providers of juvenile justice services, two
1025members of the Florida Juvenile Justice Association, and two
1026representatives of the Florida Certification Board.
1027     (3)  The task force shall consider the feasibility of
1028implementing and operating a certification system for staff who
1029work in juvenile justice facilities, services, or programs. At a
1030minimum, the task force shall consider, and make recommendations
1031concerning, per diem levels, the occupational levels of staff
1032subject to certification, the criteria that may be used to
1033certify staff, the levels of certification, and a process for
1034testing and validating the effectiveness of any recommended
1035staff certification system. In making its recommendations, the
1036task force shall make findings regarding the benefits of a staff
1037certification system for the state's juvenile justice
1038programming and the cost to implement such a system.
1039     (4)  The task force shall submit a written report of its
1040findings and recommendations to the Governor, the President of
1041the Senate, and the Speaker of the House of Representatives by
1042January 1, 2006.
1043     (5)  Administrative support for the task force shall be
1044provided by the Department of Juvenile Justice. Members of the
1045task force shall receive no salary and are not entitled to
1046reimbursement for travel and per diem expenses.
1047     (6)  The task force shall be dissolved upon submission of
1048its report.
1049     Section 10.  Subsection (10) of section 985.4135, Florida
1050Statutes, is amended to read:
1051     985.4135  Juvenile justice circuit boards and juvenile
1052justice county councils.--
1053     (10)  Membership of the juvenile justice county councils,
1054or juvenile justice circuit boards established under subsection
1055(9), may must include representatives from the following
1056entities:
1057     (a)  Representatives from the school district, which may
1058include elected school board officials, the school
1059superintendent, school or district administrators, teachers, and
1060counselors.
1061     (b)  Representatives of the board of county commissioners.
1062     (c)  Representatives of the governing bodies of local
1063municipalities within the county.
1064     (d)  A representative of the corresponding circuit or
1065regional entity of the Department of Children and Family
1066Services.
1067     (e)  Representatives of local law enforcement agencies,
1068including the sheriff or the sheriff's designee.
1069     (f)  Representatives of the judicial system.
1070     (g)  Representatives of the business community.
1071     (h)  Representatives of other interested officials, groups,
1072or entities, including, but not limited to, a children's
1073services council, public or private providers of juvenile
1074justice programs and services, students, parents, and advocates.
1075Private providers of juvenile justice programs may not exceed
1076one-third of the voting membership.
1077     (i)  Representatives of the faith community.
1078     (j)  Representatives of victim-service programs and victims
1079of crimes.
1080     (k)  Representatives of the Department of Corrections.
1081     Section 11.  Section 784.075, Florida Statutes, is amended
1082to read:
1083     784.075  Battery on detention or commitment facility staff
1084or a juvenile probation officer.--A person who commits a battery
1085on a juvenile probation officer, as defined in s. 984.03 or s.
1086985.03, on other staff of a detention center or facility as
1087defined in s. 984.03(19) or s. 985.03(20)(19), or on a staff
1088member of a commitment facility as defined in s. 985.03(46)(45),
1089commits a felony of the third degree, punishable as provided in
1090s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1091section, a staff member of the facilities listed includes
1092persons employed by the Department of Juvenile Justice, persons
1093employed at facilities licensed by the Department of Juvenile
1094Justice, and persons employed at facilities operated under a
1095contract with the Department of Juvenile Justice.
1096     Section 12.  Section 984.05, Florida Statutes, is amended
1097to read:
1098     984.05  Rules relating to habitual truants; adoption by
1099State Board of Education and Department of Juvenile
1100Justice.--The Department of Juvenile Justice and the State Board
1101of Education shall work together on the development of, and
1102shall adopt, rules as necessary for the implementation of ss.
1103984.03(27), 985.03(26)(25), and 1003.27.
1104     Section 13.  Paragraph (e) of subsection (3) and paragraph
1105(a) of subsection (4) of section 985.31, Florida Statutes, are
1106amended to read:
1107     985.31  Serious or habitual juvenile offender.--
1108     (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1109TREATMENT.--
1110     (e)  After a child has been adjudicated delinquent pursuant
1111to s. 985.228, the court shall determine whether the child meets
1112the criteria for a serious or habitual juvenile offender
1113pursuant to s. 985.03(49)(48). If the court determines that the
1114child does not meet such criteria, the provisions of s.
1115985.231(1) shall apply.
1116     (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1117     (a)  Pursuant to the provisions of this section, the
1118department shall implement the comprehensive assessment
1119instrument for the treatment needs of serious or habitual
1120juvenile offenders and for the assessment, which assessment
1121shall include the criteria under s. 985.03(49)(48) and shall
1122also include, but not be limited to, evaluation of the child's:
1123     1.  Amenability to treatment.
1124     2.  Proclivity toward violence.
1125     3.  Tendency toward gang involvement.
1126     4.  Substance abuse or addiction and the level thereof.
1127     5.  History of being a victim of child abuse or sexual
1128abuse, or indication of sexual behavior dysfunction.
1129     6.  Number and type of previous adjudications, findings of
1130guilt, and convictions.
1131     7.  Potential for rehabilitation.
1132     Section 14.  Section 985.3141, Florida Statutes, is amended
1133to read:
1134     985.3141  Escapes from secure detention or residential
1135commitment facility.--An escape from:
1136     (1)  Any secure detention facility maintained for the
1137temporary detention of children, pending adjudication,
1138disposition, or placement;
1139     (2)  Any residential commitment facility described in s.
1140985.03(46)(45), maintained for the custody, treatment,
1141punishment, or rehabilitation of children found to have
1142committed delinquent acts or violations of law; or
1143     (3)  Lawful transportation to or from any such secure
1144detention facility or residential commitment facility,
1145
1146constitutes escape within the intent and meaning of s. 944.40
1147and is a felony of the third degree, punishable as provided in
1148s. 775.082, s. 775.083, or s. 775.084.
1149     Section 15.  This act shall take effect July 1, 2005.


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