January 26, 2021
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HB 1863CS

CHAMBER ACTION




1The Justice Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to juvenile justice; amending s. 943.0515,
7F.S.; deleting references to the term "juvenile prison";
8amending s. 985.03, F.S.; revising definitions relating to
9juvenile justice; defining the term "day treatment";
10creating the minimum-risk nonresidential restrictiveness
11level; permitting temporary release of youth committed to
12the high-risk residential restrictiveness level under
13specified conditions; providing an additional way that
14high-risk residential facilities may be secured; removing
15juvenile prisons from the maximum-risk residential level;
16providing for temporary release from residential
17commitment facilities; amending s. 985.201, F.S.;
18conforming to definition changes; amending s. 985.207,
19F.S.; providing that a child may be taken into custody for
20absconding from a nonresidential commitment facility;
21providing for a child to be taken into custody upon
22specified court findings; amending s. 985.208, F.S.;
23providing that a child may be taken into custody for
24absconding from a nonresidential commitment facility;
25amending s. 985.213, F.S.; providing that permissible
26detention findings include specified criteria for taking a
27child into custody; amending s. 985.215, F.S.; providing
28that a child may be placed in detention for absconding
29from a nonresidential commitment facility; providing
30procedures and time limits for detention for absconding
31from a nonresidential commitment facility; providing
32exceptions; providing for detention for committed
33children; providing secure detention for children awaiting
34minimum-risk placement who violate home or nonsecure
35detention or electronic monitoring; providing for limited
36secure detention for children being transported to
37residential commitment programs; amending s. 985.228,
38F.S.; requiring the court to include specified conditions
39in an order of adjudication that are applicable to a youth
40for the postadjudication and predisposition period;
41amending s. 985.231, F.S.; conforming provisions to
42changes in definitions; providing the maximum length for a
43minimum-risk nonresidential commitment for a second degree
44misdemeanor; providing that the Department of Juvenile
45Justice or a provider report quarterly to the court the
46child's treatment plan progress; amending s. 985.2311,
47F.S.; providing that parents shall pay fees for costs of
48supervision related to minimum-risk nonresidential
49commitment; amending s. 985.313, F.S.; conforming to
50definitions changes; amending s. 985.316, F.S.; providing
51for assessment of residentially committed youth for
52conditional release services; repealing s. 985.403, F.S.,
53relating to the Task Force on Juvenile Sexual Offenders
54and their Victims; requiring the Department of Juvenile
55Justice to create a new task force on juvenile sexual
56offenders and their victims; providing powers and duties;
57providing membership; requiring a report; providing for
58administrative support; providing for dissolution of the
59task force; requiring the department to establish a task
60force to study the certification of professional staff
61working for a provider of juvenile justice services;
62providing for membership; requiring the task force to
63consider the feasibility of implementing and operating a
64certification system for professional staff; requiring the
65task force to consider certain specified issues; directing
66the task force to recommend a process for testing and
67validating the effectiveness of the recommended staff
68development system; requiring the task force to prepare a
69report of its deliberations and recommendations and to
70submit the report by a specified date; providing for
71administrative support; providing for dissolution of the
72task force; amending s. 985.404, F.S.; requiring written
73orders granting or denying specified department?requested
74transfers for committed youth; permitting the court to
75conduct a hearing; prohibiting specified department-
76requested transfers prior to department receipt of a
77written court order granting the transfer; amending s.
78985.4135, F.S.; requiring juvenile justice county councils
79to develop criteria for law enforcement referrals to
80juvenile assessment centers; providing for permissible
81representation on juvenile justice county councils or
82circuit boards; amending ss. 784.075, 984.05, 985.31, and
83985.3141, F.S.; conforming cross references; reenacting
84ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(k), and
85985.311(3)(e), F.S., relating to jurisdiction, sentencing
86alternatives, commitment of serious or habitual juvenile
87offenders, and eligibility for an intensive residential
88treatment program for offenders less than 13 years of age,
89respectively, to incorporate the amendment to s. 985.231,
90F.S., in references thereto; providing an effective date.
91
92Be It Enacted by the Legislature of the State of Florida:
93
94     Section 1.  Subsection (1) of section 943.0515, Florida
95Statutes, is amended to read:
96     943.0515  Retention of criminal history records of
97minors.--
98     (1)(a)  The Criminal Justice Information Program shall
99retain the criminal history record of a minor who is classified
100as a serious or habitual juvenile offender or committed to a
101juvenile correctional facility or juvenile prison under chapter
102985 for 5 years after the date the offender reaches 21 years of
103age, at which time the record shall be expunged unless it meets
104the criteria of paragraph (2)(a) or paragraph (2)(b).
105     (b)  If the minor is not classified as a serious or
106habitual juvenile offender or committed to a juvenile
107correctional facility or juvenile prison under chapter 985, the
108program shall retain the minor's criminal history record for 5
109years after the date the minor reaches 19 years of age, at which
110time the record shall be expunged unless it meets the criteria
111of paragraph (2)(a) or paragraph (2)(b).
112     Section 2.  Section 985.03, Florida Statutes, is amended to
113read:
114     985.03  Definitions.--As When used in this chapter, the
115term:
116     (1)  "Addictions receiving facility" means a substance
117abuse service provider as defined in chapter 397.
118     (2)  "Adjudicatory hearing" means a hearing for the court
119to determine whether or not the facts support the allegations
120stated in the petition, as is provided for under s. 985.228 in
121delinquency cases.
122     (3)  "Adult" means any natural person other than a child.
123     (4)  "Arbitration" means a process whereby a neutral third
124person or panel, called an arbitrator or an arbitration panel,
125considers the facts and arguments presented by the parties and
126renders a decision which may be binding or nonbinding.
127     (5)  "Authorized agent" or "designee" of the department
128means a person or agency assigned or designated by the
129department of Juvenile Justice or the Department of Children and
130Family Services, as appropriate, to perform duties or exercise
131powers under pursuant to this chapter and includes contract
132providers and their employees for purposes of providing services
133to and managing cases of children in need of services and
134families in need of services.
135     (6)  "Child" or "juvenile" or "youth" means any unmarried
136person under the age of 18 who has not been emancipated by order
137of the court and who has been found or alleged to be dependent,
138in need of services, or from a family in need of services; or
139any married or unmarried person who is charged with a violation
140of law occurring prior to the time that person reached the age
141of 18 years.
142     (7)  "Child eligible for an intensive residential treatment
143program for offenders less than 13 years of age" means a child
144who has been found to have committed a delinquent act or a
145violation of law in the case currently before the court and who
146meets at least one of the following criteria:
147     (a)  The child is less than 13 years of age at the time of
148the disposition for the current offense and has been adjudicated
149on the current offense for:
150     1.  Arson;
151     2.  Sexual battery;
152     3.  Robbery;
153     4.  Kidnapping;
154     5.  Aggravated child abuse;
155     6.  Aggravated assault;
156     7.  Aggravated stalking;
157     8.  Murder;
158     9.  Manslaughter;
159     10.  Unlawful throwing, placing, or discharging of a
160destructive device or bomb;
161     11.  Armed burglary;
162     12.  Aggravated battery;
163     13.  Any lewd or lascivious offense committed upon or in
164the presence of a person less than 16 years of age; or
165     14.  Carrying, displaying, using, threatening, or
166attempting to use a weapon or firearm during the commission of a
167felony.
168     (b)  The child is less than 13 years of age at the time of
169the disposition, the current offense is a felony, and the child
170has previously been committed at least once to a delinquency
171commitment program.
172     (c)  The child is less than 13 years of age and is
173currently committed for a felony offense and transferred from a
174moderate-risk or high-risk residential commitment placement.
175     (8)  "Child in need of services" means a child for whom
176there is no pending investigation into an allegation or
177suspicion of abuse, neglect, or abandonment; no pending referral
178alleging the child is delinquent; or no current supervision by
179the department of Juvenile Justice or the Department of Children
180and Family Services for an adjudication of dependency or
181delinquency. The child must also, under pursuant to this
182chapter, be found by the court:
183     (a)  To have persistently run away from the child's parents
184or legal custodians despite reasonable efforts of the child, the
185parents or legal custodians, and appropriate agencies to remedy
186the conditions contributing to the behavior. Reasonable efforts
187shall include voluntary participation by the child's parents or
188legal custodians and the child in family mediation, services,
189and treatment offered by the department of Juvenile Justice or
190the Department of Children and Family Services;
191     (b)  To be habitually truant from school, while subject to
192compulsory school attendance, despite reasonable efforts to
193remedy the situation under pursuant to ss. 1003.26 and 1003.27
194and through voluntary participation by the child's parents or
195legal custodians and by the child in family mediation, services,
196and treatment offered by the department of Juvenile Justice or
197the Department of Children and Family Services; or
198     (c)  To have persistently disobeyed the reasonable and
199lawful demands of the child's parents or legal custodians, and
200to be beyond their control despite efforts by the child's
201parents or legal custodians and appropriate agencies to remedy
202the conditions contributing to the behavior. Reasonable efforts
203may include such things as good faith participation in family or
204individual counseling.
205     (9)  "Child who has been found to have committed a
206delinquent act" means a child who, under pursuant to the
207provisions of this chapter, is found by a court to have
208committed a violation of law or to be in direct or indirect
209contempt of court, except that this definition shall not include
210an act constituting contempt of court arising out of a
211dependency proceeding or a proceeding under pursuant to part III
212of this chapter.
213     (10)  "Child support" means a court-ordered obligation,
214enforced under chapter 61 and ss. 409.2551-409.2597, for
215monetary support for the care, maintenance, training, and
216education of a child.
217     (11)  "Circuit" means any of the 20 judicial circuits as
218set forth in s. 26.021.
219     (12)  "Comprehensive assessment" or "assessment" means the
220gathering of information for the evaluation of a juvenile
221offender's or a child's physical, psychological, educational,
222vocational, and social condition and family environment as they
223relate to the child's need for rehabilitative and treatment
224services, including substance abuse treatment services, mental
225health services, developmental services, literacy services,
226medical services, family services, and other specialized
227services, as appropriate.
228     (13)  "Conditional release" means the care, treatment,
229help, and supervision provided to a juvenile released from a
230residential commitment program which is intended to promote
231rehabilitation and prevent recidivism. The purpose of
232conditional release is to protect the public, reduce recidivism,
233increase responsible productive behavior, and provide for a
234successful transition of the youth from the department to the
235family. Conditional release includes, but is not limited to,
236nonresidential community-based programs.
237     (14)  "Court," unless otherwise expressly stated, means the
238circuit court assigned to exercise jurisdiction under this
239chapter.
240     (15)  "Day treatment" means a nonresidential, community-
241based program designed to provide therapeutic intervention to
242youth who are placed on probation or conditional release or are
243committed to the minimum-risk nonresidential level. A day
244treatment program may provide educational and vocational
245services and shall provide case management services; individual,
246group, and family counseling; training designed to address
247delinquency risk factors; and monitoring of a youth's compliance
248with, and facilitation of a youth's completion of, sanctions if
249ordered by the court. Program types may include, but are not
250limited to, career programs, marine programs, juvenile justice
251alternative schools, training and rehabilitation programs, and
252gender-specific programs.
253     (16)(15)(a)  "Delinquency program" means any intake,
254probation, or similar program; regional detention center or
255facility; or community-based program, whether owned and operated
256by or contracted by the department of Juvenile Justice, or
257institution owned and operated by or contracted by the
258department of Juvenile Justice, which provides intake,
259supervision, or custody and care of children who are alleged to
260be or who have been found to be delinquent under pursuant to
261part II.
262     (b)  "Delinquency program staff" means supervisory and
263direct care staff of a delinquency program as well as support
264staff who have direct contact with children in a delinquency
265program.
266     (c)  "Delinquency prevention programs" means programs
267designed for the purpose of reducing the occurrence of
268delinquency, including youth and street gang activity, and
269juvenile arrests. The term excludes arbitration, diversionary or
270mediation programs, and community service work or other
271treatment available subsequent to a child committing a
272delinquent act.
273     (17)(16)  "Department" means the Department of Juvenile
274Justice.
275     (18)(17)  "Designated facility" or "designated treatment
276facility" means any facility designated by the department of
277Juvenile Justice to provide treatment to juvenile offenders.
278     (19)(18)  "Detention care" means the temporary care of a
279child in secure, nonsecure, or home detention, pending a court
280adjudication or disposition or execution of a court order. There
281are three types of detention care, as follows:
282     (a)  "Secure detention" means temporary custody of the
283child while the child is under the physical restriction of a
284detention center or facility pending adjudication, disposition,
285or placement.
286     (b)  "Nonsecure detention" means temporary custody of the
287child while the child is in a residential home in the community
288in a physically nonrestrictive environment under the supervision
289of the department of Juvenile Justice pending adjudication,
290disposition, or placement.
291     (c)  "Home detention" means temporary custody of the child
292while the child is released to the custody of the parent,
293guardian, or custodian in a physically nonrestrictive
294environment under the supervision of the department of Juvenile
295Justice staff pending adjudication, disposition, or placement.
296     (20)(19)  "Detention center or facility" means a facility
297used pending court adjudication or disposition or execution of
298court order for the temporary care of a child alleged or found
299to have committed a violation of law. A detention center or
300facility may provide secure or nonsecure custody. A facility
301used for the commitment of adjudicated delinquents shall not be
302considered a detention center or facility.
303     (21)(20)  "Detention hearing" means a hearing for the court
304to determine if a child should be placed in temporary custody,
305as provided for under ss. 985.213 and 985.215 in delinquency
306cases.
307     (22)(21)  "Disposition hearing" means a hearing in which
308the court determines the most appropriate dispositional services
309in the least restrictive available setting provided for under s.
310985.231, in delinquency cases.
311     (23)(22)  "Family" means a collective of persons,
312consisting of a child and a parent, guardian, adult custodian,
313or adult relative, in which:
314     (a)  The persons reside in the same house or living unit;
315or
316     (b)  The parent, guardian, adult custodian, or adult
317relative has a legal responsibility by blood, marriage, or court
318order to support or care for the child.
319     (24)(23)  "Family in need of services" means a family that
320has a child for whom there is no pending investigation into an
321allegation of abuse, neglect, or abandonment or no current
322supervision by the department of Juvenile Justice or the
323Department of Children and Family Services for an adjudication
324of dependency or delinquency. The child must also have been
325referred to a law enforcement agency or the department of
326Juvenile Justice for:
327     (a)  Running away from parents or legal custodians;
328     (b)  Persistently disobeying reasonable and lawful demands
329of parents or legal custodians, and being beyond their control;
330or
331     (c)  Habitual truancy from school.
332     (25)(24)  "Foster care" means care provided a child in a
333foster family or boarding home, group home, agency boarding
334home, child care institution, or any combination thereof.
335     (26)(25)  "Habitually truant" means that:
336     (a)  The child has 15 unexcused absences within 90 calendar
337days with or without the knowledge or justifiable consent of the
338child's parent or legal guardian, is subject to compulsory
339school attendance under s. 1003.21(1) and (2)(a), and is not
340exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
341specified by law or the rules of the State Board of Education.
342     (b)  Escalating activities to determine the cause, and to
343attempt the remediation, of the child's truant behavior under
344ss. 1003.26 and 1003.27 have been completed.
345
346If a child who is subject to compulsory school attendance is
347responsive to the interventions described in ss. 1003.26 and
3481003.27 and has completed the necessary requirements to pass the
349current grade as indicated in the district pupil progression
350plan, the child shall not be determined to be habitually truant
351and shall be passed. If a child within the compulsory school
352attendance age has 15 unexcused absences within 90 calendar days
353or fails to enroll in school, the state attorney may file a
354child-in-need-of-services petition. Before Prior to filing a
355petition, the child must be referred to the appropriate agency
356for evaluation. After consulting with the evaluating agency, the
357state attorney may elect to file a child-in-need-of-services
358petition.
359     (c)  A school representative, designated according to
360school board policy, and a juvenile probation officer of the
361department of Juvenile Justice have jointly investigated the
362truancy problem or, if that was not feasible, have performed
363separate investigations to identify conditions that could be
364contributing to the truant behavior; and if, after a joint
365staffing of the case to determine the necessity for services,
366such services were determined to be needed, the persons who
367performed the investigations met jointly with the family and
368child to discuss any referral to appropriate community agencies
369for economic services, family or individual counseling, or other
370services required to remedy the conditions that are contributing
371to the truant behavior.
372     (d)  The failure or refusal of the parent or legal guardian
373or the child to participate, or make a good faith effort to
374participate, in the activities prescribed to remedy the truant
375behavior, or the failure or refusal of the child to return to
376school after participation in activities required by this
377subsection, or the failure of the child to stop the truant
378behavior after the school administration and the department of
379Juvenile Justice have worked with the child as described in s.
3801003.27(3) shall be handled as prescribed in s. 1003.27.
381     (27)(26)  "Halfway house" means a community-based
382residential program for 10 or more committed delinquents at the
383moderate-risk commitment level which is operated or contracted
384by the department of Juvenile Justice.
385     (28)(27)  "Intake" means the initial acceptance and
386screening by the department of Juvenile Justice of a complaint
387or a law enforcement report or probable cause affidavit of
388delinquency, family in need of services, or child in need of
389services to determine the recommendation to be taken in the best
390interests of the child, the family, and the community. The
391emphasis of intake is on diversion and the least restrictive
392available services. Consequently, intake includes such
393alternatives as:
394     (a)  The disposition of the complaint, report, or probable
395cause affidavit without court or public agency action or
396judicial handling when appropriate.
397     (b)  The referral of the child to another public or private
398agency when appropriate.
399     (c)  The recommendation by the juvenile probation officer
400of judicial handling when appropriate and warranted.
401     (29)(28)  "Judge" means the circuit judge exercising
402jurisdiction pursuant to this chapter.
403     (30)(29)  "Juvenile justice continuum" includes, but is not
404limited to, delinquency prevention programs and services
405designed for the purpose of preventing or reducing delinquent
406acts, including criminal activity by youth gangs, and juvenile
407arrests, as well as programs and services targeted at children
408who have committed delinquent acts, and children who have
409previously been committed to residential treatment programs for
410delinquents. The term includes children-in-need-of-services and
411families-in-need-of-services programs; conditional release;
412substance abuse and mental health programs; educational and
413career programs; recreational programs; community services
414programs; community service work programs; and alternative
415dispute resolution programs serving children at risk of
416delinquency and their families, whether offered or delivered by
417state or local governmental entities, public or private for-
418profit or not-for-profit organizations, or religious or
419charitable organizations.
420     (31)(30)  "Juvenile probation officer" means the authorized
421agent of the department of Juvenile Justice who performs the
422intake, case management, or supervision functions.
423     (32)(31)  "Juvenile sexual offender" means:
424     (a)  A juvenile who has been found by the court under
425pursuant to s. 985.228 to have committed a violation of chapter
426794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;
427     (b)  A juvenile found to have committed any felony
428violation of law or delinquent act involving juvenile sexual
429abuse. "Juvenile sexual abuse" means any sexual behavior which
430occurs without consent, without equality, or as a result of
431coercion. For purposes of this subsection, the following
432definitions apply:
433     1.  "Coercion" means the exploitation of authority, use of
434bribes, threats of force, or intimidation to gain cooperation or
435compliance.
436     2.  "Equality" means two participants operating with the
437same level of power in a relationship, neither being controlled
438nor coerced by the other.
439     3.  "Consent" means an agreement including all of the
440following:
441     a.  Understanding what is proposed based on age, maturity,
442developmental level, functioning, and experience.
443     b.  Knowledge of societal standards for what is being
444proposed.
445     c.  Awareness of potential consequences and alternatives.
446     d.  Assumption that agreement or disagreement will be
447accepted equally.
448     e.  Voluntary decision.
449     f.  Mental competence.
450
451Juvenile sexual offender behavior ranges from noncontact sexual
452behavior such as making obscene phone calls, exhibitionism,
453voyeurism, and the showing or taking of lewd photographs to
454varying degrees of direct sexual contact, such as frottage,
455fondling, digital penetration, rape, fellatio, sodomy, and
456various other sexually aggressive acts.
457     (33)(32)  "Legal custody or guardian" means a legal status
458created by court order or letter of guardianship which vests in
459a custodian of the person or guardian, whether an agency or an
460individual, the right to have physical custody of the child and
461the right and duty to protect, train, and discipline the child
462and to provide him or her with food, shelter, education, and
463ordinary medical, dental, psychiatric, and psychological care.
464     (34)(33)  "Licensed child-caring agency" means a person,
465society, association, or agency licensed by the Department of
466Children and Family Services to care for, receive, and board
467children.
468     (35)(34)  "Licensed health care professional" means a
469physician licensed under chapter 458, an osteopathic physician
470licensed under chapter 459, a nurse licensed under part I of
471chapter 464, a physician assistant licensed under chapter 458 or
472chapter 459, or a dentist licensed under chapter 466.
473     (36)(35)  "Likely to injure oneself" means that, as
474evidenced by violent or other actively self-destructive
475behavior, it is more likely than not that within a 24-hour
476period the child will attempt to commit suicide or inflict
477serious bodily harm on himself or herself.
478     (37)(36)  "Likely to injure others" means that it is more
479likely than not that within a 24-hour period the child will
480inflict serious and unjustified bodily harm on another person.
481     (38)(37)  "Mediation" means a process whereby a neutral
482third person called a mediator acts to encourage and facilitate
483the resolution of a dispute between two or more parties. It is
484an informal and nonadversarial process with the objective of
485helping the disputing parties reach a mutually acceptable and
486voluntary agreement. In mediation, decisionmaking authority
487rests with the parties. The role of the mediator includes, but
488is not limited to, assisting the parties in identifying issues,
489fostering joint problem solving, and exploring settlement
490alternatives.
491     (39)(38)  "Necessary medical treatment" means care which is
492necessary within a reasonable degree of medical certainty to
493prevent the deterioration of a child's condition or to alleviate
494immediate pain of a child.
495     (40)(39)  "Next of kin" means an adult relative of a child
496who is the child's brother, sister, grandparent, aunt, uncle, or
497first cousin.
498     (41)(40)  "Parent" means a woman who gives birth to a child
499and a man whose consent to the adoption of the child would be
500required under s. 63.062(1). If a child has been legally
501adopted, the term "parent" means the adoptive mother or father
502of the child. The term does not include an individual whose
503parental relationship to the child has been legally terminated,
504or an alleged or prospective parent, unless the parental status
505falls within the terms of either s. 39.503(1) or s. 63.062(1).
506     (42)(41)  "Preliminary screening" means the gathering of
507preliminary information to be used in determining a child's need
508for further evaluation or assessment or for referral for other
509substance abuse services through means such as psychosocial
510interviews; urine and breathalyzer screenings; and reviews of
511available educational, delinquency, and dependency records of
512the child.
513     (43)(42)  "Preventive services" means social services and
514other supportive and rehabilitative services provided to the
515parent of the child, the legal guardian of the child, or the
516custodian of the child and to the child for the purpose of
517averting the removal of the child from the home or disruption of
518a family that which will or could result in the placement of a
519child in foster care. Social services and other supportive and
520rehabilitative services shall promote the child's need for a
521safe, continuous, stable living environment and shall promote
522family autonomy and shall strengthen family life as the first
523priority whenever possible.
524     (44)(43)  "Probation" means the legal status of probation
525created by law and court order in cases involving a child who
526has been found to have committed a delinquent act. Probation is
527an individualized program in which the freedom of the child is
528limited and the child is restricted to noninstitutional quarters
529or restricted to the child's home in lieu of commitment to the
530custody of the department of Juvenile Justice. Youth on
531probation may be assessed and classified for placement in day-
532treatment probation programs designed for youth who represent a
533minimum risk to themselves and public safety and do not require
534placement and services in a residential setting. Program types
535in this more intensive and structured day-treatment probation
536option include career programs, marine programs, juvenile
537justice alternative schools, training and rehabilitation
538programs, and gender-specific programs.
539     (45)(44)  "Relative" means a grandparent, great-
540grandparent, sibling, first cousin, aunt, uncle, great-aunt,
541great-uncle, niece, or nephew, whether related by the whole or
542half blood, by affinity, or by adoption. The term does not
543include a stepparent.
544     (46)(45)  "Restrictiveness Residential Commitment level"
545means the level of programming and security provided by programs
546that service the supervision, custody, care, and treatment needs
547of committed children. Sections 985.3141 and 985.404(11) apply
548to children placed in programs at any residential commitment
549level. The restrictiveness levels of residential commitment are
550as follows:
551     (a)  Minimum-risk nonresidential.--Programs or program
552models at this commitment level work with youth who remain in
553the community and participate at least 5 days per week in a day
554treatment program. Youth assessed and classified for programs at
555this commitment level represent a minimum risk to themselves and
556public safety and do not require placement and services in
557residential settings. Youth in this level have full access to,
558and reside in, the community. A youth who has been found to have
559committed delinquent acts that involve firearms, delinquent acts
560that are sexual offenses, or delinquent acts that would be life
561felonies or first degree felonies if committed by an adult shall
562not be committed to a program at this level.
563     (b)(a)  Low-risk residential.--Programs or program models
564at this commitment level are residential but may allow youth to
565have unsupervised access to the community. Youth assessed and
566classified for placement in programs at this commitment level
567represent a low risk to themselves and public safety but do
568require placement and services in residential settings. Children
569who have been found to have committed delinquent acts that
570involve firearms, delinquent acts that are sexual offenses, or
571delinquent acts that would be life felonies or first degree
572felonies if committed by an adult shall not be committed to a
573program at this level.
574     (c)(b)  Moderate-risk residential.--Programs or program
575models at this commitment level are residential but may allow
576youth to have supervised access to the community. Facilities are
577either environmentally secure, staff secure, or are hardware-
578secure with walls, fencing, or locking doors. Facilities shall
579provide 24-hour awake supervision, custody, care, and treatment
580of residents. Youth assessed and classified for placement in
581programs at this commitment level represent a moderate risk to
582public safety and require close supervision. The staff at a
583facility at this commitment level may seclude a child who is a
584physical threat to himself or herself or others. Mechanical
585restraint may also be used when necessary.
586     (d)(c)  High-risk residential.--Programs or program models
587at this commitment level are residential and do shall not allow
588youth to have access to the community, except that temporary
589release providing community access for up to 72 continuous hours
590for a youth who has made successful progress in his or her
591program may be approved by a court in order to attend a family
592emergency or, during the final 60 days of his or her placement,
593to visit his or her home, enroll in school or in a vocational
594program, complete a job interview, or participate in a community
595service project. High-risk residential facilities are hardware-
596secure with perimeter fencing and locking doors or are
597environmentally secure. Facilities shall provide 24-hour awake
598supervision, custody, care, and treatment of residents. Youth
599assessed and classified for this level of placement require
600close supervision in a structured residential setting. Placement
601in programs at this level is prompted by a concern for public
602safety that outweighs placement in programs at lower commitment
603levels. The staff at a facility at this commitment level may
604seclude a child who is a physical threat to himself or herself
605or others. Mechanical restraint may also be used when necessary.
606The facility may provide for single cell occupancy.
607     (e)(d)  Maximum-risk residential.--Programs or program
608models at this commitment level include juvenile correctional
609facilities and juvenile prisons. The programs are long-term
610residential and shall not allow youth to have access to the
611community. Facilities are maximum-custody hardware-secure with
612perimeter security fencing and locking doors. Facilities shall
613provide 24-hour awake supervision, custody, care, and treatment
614of residents. The staff at a facility at this commitment level
615may seclude a child who is a physical threat to himself or
616herself or others. Mechanical restraint may also be used when
617necessary. The facility shall provide for single cell occupancy,
618except that youth may be housed together during prerelease
619transition. Youth assessed and classified for this level of
620placement require close supervision in a maximum security
621residential setting. Placement in a program at this level is
622prompted by a demonstrated need to protect the public.
623     (47)(46)  "Respite" means a placement that is available for
624the care, custody, and placement of a youth charged with
625domestic violence as an alternative to secure detention or for
626placement of a youth when a shelter bed for a child in need of
627services or a family in need of services is unavailable.
628     (48)(47)  "Secure detention center or facility" means a
629physically restricting facility for the temporary care of
630children, pending adjudication, disposition, or placement.
631     (49)(48)  "Serious or habitual juvenile offender," for
632purposes of commitment to a residential facility and for
633purposes of records retention, means a child who has been found
634to have committed a delinquent act or a violation of law, in the
635case currently before the court, and who meets at least one of
636the following criteria:
637     (a)  The youth is at least 13 years of age at the time of
638the disposition for the current offense and has been adjudicated
639on the current offense for:
640     1.  Arson;
641     2.  Sexual battery;
642     3.  Robbery;
643     4.  Kidnapping;
644     5.  Aggravated child abuse;
645     6.  Aggravated assault;
646     7.  Aggravated stalking;
647     8.  Murder;
648     9.  Manslaughter;
649     10.  Unlawful throwing, placing, or discharging of a
650destructive device or bomb;
651     11.  Armed burglary;
652     12.  Aggravated battery;
653     13.  Any lewd or lascivious offense committed upon or in
654the presence of a person less than 16 years of age; or
655     14.  Carrying, displaying, using, threatening, or
656attempting to use a weapon or firearm during the commission of a
657felony.
658     (b)  The youth is at least 13 years of age at the time of
659the disposition, the current offense is a felony, and the child
660has previously been committed at least two times to a
661delinquency commitment program.
662     (c)  The youth is at least 13 years of age and is currently
663committed for a felony offense and transferred from a moderate-
664risk or high-risk residential commitment placement.
665     (50)(49)  "Serious or habitual juvenile offender program"
666means the program established in s. 985.31.
667     (51)(50)  "Shelter" means a place for the temporary care of
668a child who is alleged to be or who has been found to be
669delinquent.
670     (52)(51)  "Shelter hearing" means a hearing provided for
671under s. 984.14 in family-in-need-of-services cases or child-in-
672need-of-services cases.
673     (53)(52)  "Staff-secure shelter" means a facility in which
674a child is supervised 24 hours a day by staff members who are
675awake while on duty. The facility is for the temporary care and
676assessment of a child who has been found to be dependent, who
677has violated a court order and been found in contempt of court,
678or whom the Department of Children and Family Services is unable
679to properly assess or place for assistance within the continuum
680of services provided for dependent children.
681     (54)(53)  "Substance abuse" means using, without medical
682reason, any psychoactive or mood-altering drug, including
683alcohol, in such a manner as to induce impairment resulting in
684dysfunctional social behavior.
685     (55)(54)  "Taken into custody" means the status of a child
686immediately when temporary physical control over the child is
687attained by a person authorized by law, pending the child's
688release, detention, placement, or other disposition as
689authorized by law.
690     (56)(55)  "Temporary legal custody" means the relationship
691that a juvenile court creates between a child and an adult
692relative of the child, adult nonrelative approved by the court,
693or other person until a more permanent arrangement is ordered.
694Temporary legal custody confers upon the custodian the right to
695have temporary physical custody of the child and the right and
696duty to protect, train, and discipline the child and to provide
697the child with food, shelter, and education, and ordinary
698medical, dental, psychiatric, and psychological care, unless
699these rights and duties are otherwise enlarged or limited by the
700court order establishing the temporary legal custody
701relationship.
702     (57)(56)  "Temporary release" means the terms and
703conditions under which a child is temporarily released from a
704residential commitment facility or allowed home visits. If the
705temporary release is from a moderate-risk residential facility,
706a high-risk residential facility, or a maximum-risk residential
707facility, the terms and conditions of the temporary release must
708be approved by the child, the court, and the facility. The term
709includes periods during which the child is supervised pursuant
710to a conditional release program or a period during which the
711child is supervised by a juvenile probation officer or other
712nonresidential staff of the department or staff employed by an
713entity under contract with the department.
714     (58)(57)  "Training school" means one of the following
715facilities: the Arthur G. Dozier School or the Eckerd Youth
716Development Center.
717     (59)(58)  "Violation of law" or "delinquent act" means a
718violation of any law of this state, the United States, or any
719other state which is a misdemeanor or a felony or a violation of
720a county or municipal ordinance which would be punishable by
721incarceration if the violation were committed by an adult.
722     (60)(59)  "Waiver hearing" means a hearing provided for
723under s. 985.226(3).
724     Section 3.  Paragraph (b) of subsection (4) of section
725985.201, Florida Statutes, is amended to read:
726     985.201  Jurisdiction.--
727     (4)
728     (b)1.  The court may retain jurisdiction over a child
729committed to the department for placement in a juvenile
730correctional facility prison or in a high-risk or maximum-risk
731residential commitment program to allow the child to participate
732in a juvenile conditional release program pursuant to s.
733985.316. In no case shall the jurisdiction of the court be
734retained beyond the child's 22nd birthday. However, if the child
735is not successful in the conditional release program, the
736department may use the transfer procedure under s. 985.404.
737     2.  The court may retain jurisdiction over a child
738committed to the department for placement in an intensive
739residential treatment program for 10-year-old to 13-year-old
740offenders, in the residential commitment program in a juvenile
741correctional facility prison, in a residential sex offender
742program, or in a program for serious or habitual juvenile
743offenders as provided in s. 985.311 or s. 985.31 until the child
744reaches the age of 21. If the court exercises this jurisdiction
745retention, it shall do so solely for the purpose of the child
746completing the intensive residential treatment program for 10-
747year-old to 13-year-old offenders, in the residential commitment
748program in a juvenile correctional facility prison, in a
749residential sex offender program, or the program for serious or
750habitual juvenile offenders. Such jurisdiction retention does
751not apply for other programs, other purposes, or new offenses.
752     Section 4.  Paragraph (d) of subsection (1) of section
753985.207, Florida Statutes, is amended, and paragraph (e) is
754added to said subsection to read:
755     985.207  Taking a child into custody.--
756     (1)  A child may be taken into custody under the following
757circumstances:
758     (d)  By a law enforcement officer who has probable cause to
759believe that the child is in violation of the conditions of the
760child's probation, home detention, postcommitment probation, or
761conditional release supervision, has absconded from
762nonresidential commitment, or has escaped from residential
763commitment.
764     (e)  When a court finds that the child, who has been found
765to have committed a delinquent act or a violation of law and who
766is awaiting disposition for that delinquent act or violation of
767law:
768     1.  Has a history of failing to appear for court
769proceedings;
770     2.  Is presently ungovernable as evidenced by his or her
771recent behavior;
772     3.  Presents a risk of failing to appear for future
773proceedings or of inflicting harm upon himself, herself, or
774others or the property of others because of his or her
775ungovernable behavior; or
776     4.  Has violated conditions imposed by the court in his or
777her order of adjudication of delinquency.
778
779Nothing in this subsection shall be construed to allow the
780detention of a child who does not meet the detention criteria in
781s. 985.215.
782     Section 5.  Section 985.208, Florida Statutes, is amended
783to read:
784     985.208  Detention of escapee or absconder on authority of
785the department.--
786     (1)  If an authorized agent of the department has
787reasonable grounds to believe that any delinquent child
788committed to the department has escaped from a residential
789commitment facility of the department or from being lawfully
790transported thereto or therefrom, or has absconded from a
791nonresidential commitment facility, the agent may take the child
792into active custody and may deliver the child to the facility
793or, if it is closer, to a detention center for return to the
794facility. However, a child may not be held in detention longer
795than 24 hours, excluding Saturdays, Sundays, and legal holidays,
796unless a special order so directing is made by the judge after a
797detention hearing resulting in a finding that detention is
798required based on the criteria in s. 985.215(2). The order shall
799state the reasons for such finding. The reasons shall be
800reviewable by appeal or in habeas corpus proceedings in the
801district court of appeal.
802     (2)  Any sheriff or other law enforcement officer, upon the
803request of the secretary of the department or duly authorized
804agent, shall take a child who has escaped or absconded from a
805residential commitment department facility for committed
806delinquent children, or from being lawfully transported thereto
807or therefrom, or has absconded from a nonresidential commitment
808facility, into custody and deliver the child to the appropriate
809juvenile probation officer of the department.
810     Section 6.  Paragraph (f) is added to subsection (1) of
811section 985.213, Florida Statutes, to read:
812     985.213  Use of detention.--
813     (1)  All determinations and court orders regarding the use
814of secure, nonsecure, or home detention shall be based primarily
815upon findings that the child:
816     (f)  Meets the criteria for taking a child into custody
817under s. 985.207(1)(e).
818     Section 7.  Subsection (2), paragraphs (d) and (g) of
819subsection (5), and paragraphs (a), (b), and (f) of subsection
820(10) of section 985.215, Florida Statutes, are amended to read:
821     985.215  Detention.--
822     (2)  Subject to the provisions of subsection (1), a child
823taken into custody and placed into nonsecure or home detention
824care or detained in secure detention care prior to a detention
825hearing may continue to be detained by the court if:
826     (a)1.  The child is alleged to be an escapee from a
827residential commitment program, or an absconder from a
828nonresidential commitment program, a probation program, or
829conditional release supervision, or is alleged to have escaped
830while being lawfully transported to or from a residential
831commitment such program or supervision.
832     2.a.  If the court finds during the detention hearing under
833this subsection that a child has absconded from a nonresidential
834commitment program, the court shall determine whether to place
835the child in detention care based on the results of the risk
836assessment by the juvenile probation officer. The risk
837assessment instrument provided for in s. 985.213 shall take the
838child's act of absconding from the nonresidential commitment
839program into consideration for purposes of detention care
840placement determinations and orders.
841     b.  If the court places a child into detention care under
842this subparagraph, the child shall remain in detention care for
84321 days or until the department determines under s. 985.404(4)
844that transfer of the child is inappropriate or the court grants
845or denies the transfer, whichever period of time is shorter.
846     (b)  The child is wanted in another jurisdiction for an
847offense which, if committed by an adult, would be a felony.
848     (c)  The child is charged with a delinquent act or
849violation of law and requests in writing through legal counsel
850to be detained for protection from an imminent physical threat
851to his or her personal safety.
852     (d)  The child is charged with committing an offense of
853domestic violence as defined in s. 741.28 and is detained as
854provided in s. 985.213(2)(b)3.
855     (e)  The child is charged with possession or discharging a
856firearm on school property in violation of s. 790.115.
857     (f)  The child is charged with a capital felony, a life
858felony, a felony of the first degree, a felony of the second
859degree that does not involve a violation of chapter 893, or a
860felony of the third degree that is also a crime of violence,
861including any such offense involving the use or possession of a
862firearm.
863     (g)  The child is charged with any second degree or third
864degree felony involving a violation of chapter 893 or any third
865degree felony that is not also a crime of violence, and the
866child:
867     1.  Has a record of failure to appear at court hearings
868after being properly notified in accordance with the Rules of
869Juvenile Procedure;
870     2.  Has a record of law violations prior to court hearings;
871     3.  Has already been detained or has been released and is
872awaiting final disposition of the case;
873     4.  Has a record of violent conduct resulting in physical
874injury to others; or
875     5.  Is found to have been in possession of a firearm.
876     (h)  The child is alleged to have violated the conditions
877of the child's probation or conditional release supervision.
878However, a child detained under this paragraph may be held only
879in a consequence unit as provided in s. 985.231(1)(a)1.c. If a
880consequence unit is not available, the child shall be placed on
881home detention with electronic monitoring.
882     (i)  The child is detained on a judicial order for failure
883to appear and has previously willfully failed to appear, after
884proper notice, for an adjudicatory hearing on the same case
885regardless of the results of the risk assessment instrument. A
886child may be held in secure detention for up to 72 hours in
887advance of the next scheduled court hearing pursuant to this
888paragraph. The child's failure to keep the clerk of court and
889defense counsel informed of a current and valid mailing address
890where the child will receive notice to appear at court
891proceedings does not provide an adequate ground for excusal of
892the child's nonappearance at the hearings.
893     (j)  The child is detained on a judicial order for failure
894to appear and has previously willfully failed to appear, after
895proper notice, at two or more court hearings of any nature on
896the same case regardless of the results of the risk assessment
897instrument. A child may be held in secure detention for up to 72
898hours in advance of the next scheduled court hearing pursuant to
899this paragraph. The child's failure to keep the clerk of court
900and defense counsel informed of a current and valid mailing
901address where the child will receive notice to appear at court
902proceedings does not provide an adequate ground for excusal of
903the child's nonappearance at the hearings.
904
905A child who meets any of these criteria and who is ordered to be
906detained pursuant to this subsection shall be given a hearing
907within 24 hours after being taken into custody. The purpose of
908the detention hearing is to determine the existence of probable
909cause that the child has committed the delinquent act or
910violation of law with which he or she is charged and the need
911for continued detention, except where the child has absconded
912from a nonresidential commitment program, in which case
913subparagraph (a)2. applies. Unless a child is detained under
914paragraph (d) or paragraph (e), the court shall utilize the
915results of the risk assessment performed by the juvenile
916probation officer and, based on the criteria in this subsection,
917shall determine the need for continued detention. A child placed
918into secure, nonsecure, or home detention care may continue to
919be so detained by the court pursuant to this subsection. If the
920court orders a placement more restrictive than indicated by the
921results of the risk assessment instrument, the court shall
922state, in writing, clear and convincing reasons for such
923placement. Except as provided in s. 790.22(8) or in subparagraph
924(10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
925(10)(d), when a child is placed into secure or nonsecure
926detention care, or into a respite home or other placement
927pursuant to a court order following a hearing, the court order
928must include specific instructions that direct the release of
929the child from such placement no later than 5 p.m. on the last
930day of the detention period specified in paragraph (5)(b) or
931paragraph (5)(c), or subparagraph (10)(a)1., whichever is
932applicable, unless the requirements of such applicable provision
933have been met or an order of continuance has been granted
934pursuant to paragraph (5)(f).
935     (5)
936     (d)1.  Except as provided in paragraph (g), A child may not
937be held in secure, nonsecure, or home detention care for more
938than 15 days following the entry of an order of adjudication,
939except as provided in paragraph (g) or when the court finds that
940the child:.
941     a.  Has a history of failing to appear for court
942proceedings;
943     b.  Is presently ungovernable as evidenced by his or her
944recent behavior;
945     c.  Presents a risk of failing to appear for future
946proceedings or of inflicting harm upon himself, herself, or
947others or the property of others because of his or her
948ungovernable behavior; or
949     d.  Has violated conditions imposed by the court in his or
950her order of adjudication of delinquency.
951     2.  If the court makes a finding under subparagraph 1., the
952court shall order the placement of the child in secure detention
953or, at the discretion of the court and if available, on home
954detention with electronic monitoring until the disposition order
955is entered in the child's case.
956     (g)  Upon good cause being shown that the nature of the
957charge requires additional time for the prosecution or defense
958of the case, the court may extend the time limits for detention
959specified in paragraph (c) or (d) an additional 9 days if the
960child is charged with an offense that would be, if committed by
961an adult, a capital felony, a life felony, a felony of the first
962degree, or a felony of the second degree involving violence
963against any individual.
964     (10)(a)1.  When a child is committed to the Department of
965Juvenile Justice awaiting dispositional placement, removal of
966the child from detention care shall occur within 5 days,
967excluding Saturdays, Sundays, and legal holidays. Any child held
968in secure detention during the 5 days must meet detention
969admission criteria pursuant to this section. If the child is
970committed to a moderate-risk residential program, the department
971may seek an order from the court authorizing continued detention
972for a specific period of time necessary for the appropriate
973residential placement of the child. However, such continued
974detention in secure detention care may not exceed 15 days after
975commitment, excluding Saturdays, Sundays, and legal holidays,
976and except as otherwise provided in this subsection.
977     2.  The court must place all children who are adjudicated
978and awaiting placement in a residential commitment program in
979detention care. Children who are in home detention care or
980nonsecure detention care may be placed on electronic monitoring.
981     (b)  A child who is placed in home detention care,
982nonsecure detention care, or home or nonsecure detention care
983with electronic monitoring, while awaiting placement in a
984minimum-risk, low-risk, or moderate-risk program, may be held in
985secure detention care for 5 days, if the child violates the
986conditions of the home detention care, the nonsecure detention
987care, or the electronic monitoring agreement. For any subsequent
988violation, the court may impose an additional 5 days in secure
989detention care.
990     (f)  Regardless of detention status, a child being
991transported by the department to a residential commitment
992facility of the department may be placed in secure detention
993overnight, not to exceed a 24-hour period, for the specific
994purpose of ensuring the safe delivery of the child to his or her
995residential commitment program, court, appointment, transfer, or
996release.
997     Section 8.  Subsection (5) of section 985.228, Florida
998Statutes, is amended to read:
999     985.228  Adjudicatory hearings; withheld adjudications;
1000orders of adjudication.--
1001     (5)  If the court finds that the child named in a petition
1002has committed a delinquent act or violation of law, but elects
1003not to proceed under subsection (4), it shall incorporate that
1004finding in an order of adjudication of delinquency entered in
1005the case, briefly stating the facts upon which the finding is
1006made, and the court shall thereafter have full authority under
1007this chapter to deal with the child as adjudicated. The order of
1008adjudication of delinquency shall also include conditions that
1009must be followed by the child until a disposition order is
1010entered in his or her case. These conditions must include, but
1011are not limited to, requirements that the child, during any
1012period of time that he or she:
1013     (a)  Is not in secure detention, comply with a curfew;
1014attend school or another educational program, if eligible; and
1015obey the reasonable and lawful demands of his or her parents or
1016legal guardians and, if applicable, all persons responsible for
1017supervising him or her while he or she is in school or another
1018educational program.
1019     (b)  Is in secure detention, obey the reasonable and lawful
1020demands of all persons responsible for his or her supervision.
1021     Section 9.  Paragraphs (a) and (d) of subsection (1) and
1022subsection (2) of section 985.231, Florida Statutes, are amended
1023to read:
1024     985.231  Powers of disposition in delinquency cases.--
1025     (1)(a)  The court that has jurisdiction of an adjudicated
1026delinquent child may, by an order stating the facts upon which a
1027determination of a sanction and rehabilitative program was made
1028at the disposition hearing:
1029     1.  Place the child in a probation program or a
1030postcommitment probation program under the supervision of an
1031authorized agent of the department of Juvenile Justice or of any
1032other person or agency specifically authorized and appointed by
1033the court, whether in the child's own home, in the home of a
1034relative of the child, or in some other suitable place under
1035such reasonable conditions as the court may direct. A probation
1036program for an adjudicated delinquent child must include a
1037penalty component such as restitution in money or in kind,
1038community service, a curfew, revocation or suspension of the
1039driver's license of the child, or other nonresidential
1040punishment appropriate to the offense and must also include a
1041rehabilitative program component such as a requirement of
1042participation in substance abuse treatment or in school or other
1043educational program. If the child is attending or is eligible to
1044attend public school and the court finds that the victim or a
1045sibling of the victim in the case is attending or may attend the
1046same school as the child, the court placement order shall
1047include a finding pursuant to the proceedings described in s.
1048985.23(1)(d). Upon the recommendation of the department at the
1049time of disposition, or subsequent to disposition pursuant to
1050the filing of a petition alleging a violation of the child's
1051conditions of postcommitment probation, the court may order the
1052child to submit to random testing for the purpose of detecting
1053and monitoring the use of alcohol or controlled substances.
1054     a.  A restrictiveness level classification scale for levels
1055of supervision shall be provided by the department, taking into
1056account the child's needs and risks relative to probation
1057supervision requirements to reasonably ensure the public safety.
1058Probation programs for children shall be supervised by the
1059department or by any other person or agency specifically
1060authorized by the court. These programs must include, but are
1061not limited to, structured or restricted activities as described
1062in this subparagraph, and shall be designed to encourage the
1063child toward acceptable and functional social behavior. If
1064supervision or a program of community service is ordered by the
1065court, the duration of such supervision or program must be
1066consistent with any treatment and rehabilitation needs
1067identified for the child and may not exceed the term for which
1068sentence could be imposed if the child were committed for the
1069offense, except that the duration of such supervision or program
1070for an offense that is a misdemeanor of the second degree, or is
1071equivalent to a misdemeanor of the second degree, may be for a
1072period not to exceed 6 months. When restitution is ordered by
1073the court, the amount of restitution may not exceed an amount
1074the child and the parent or guardian could reasonably be
1075expected to pay or make. A child who participates in any work
1076program under this part is considered an employee of the state
1077for purposes of liability, unless otherwise provided by law.
1078     b.  The court may conduct judicial review hearings for a
1079child placed on probation for the purpose of fostering
1080accountability to the judge and compliance with other
1081requirements, such as restitution and community service. The
1082court may allow early termination of probation for a child who
1083has substantially complied with the terms and conditions of
1084probation.
1085     c.  If the conditions of the probation program or the
1086postcommitment probation program are violated, the department or
1087the state attorney may bring the child before the court on a
1088petition alleging a violation of the program. Any child who
1089violates the conditions of probation or postcommitment probation
1090must be brought before the court if sanctions are sought. A
1091child taken into custody under s. 985.207 for violating the
1092conditions of probation or postcommitment probation shall be
1093held in a consequence unit if such a unit is available. The
1094child shall be afforded a hearing within 24 hours after being
1095taken into custody to determine the existence of probable cause
1096that the child violated the conditions of probation or
1097postcommitment probation. A consequence unit is a secure
1098facility specifically designated by the department for children
1099who are taken into custody under s. 985.207 for violating
1100probation or postcommitment probation, or who have been found by
1101the court to have violated the conditions of probation or
1102postcommitment probation. If the violation involves a new charge
1103of delinquency, the child may be detained under s. 985.215 in a
1104facility other than a consequence unit. If the child is not
1105eligible for detention for the new charge of delinquency, the
1106child may be held in the consequence unit pending a hearing and
1107is subject to the time limitations specified in s. 985.215. If
1108the child denies violating the conditions of probation or
1109postcommitment probation, the court shall appoint counsel to
1110represent the child at the child's request. Upon the child's
1111admission, or if the court finds after a hearing that the child
1112has violated the conditions of probation or postcommitment
1113probation, the court shall enter an order revoking, modifying,
1114or continuing probation or postcommitment probation. In each
1115such case, the court shall enter a new disposition order and, in
1116addition to the sanctions set forth in this paragraph, may
1117impose any sanction the court could have imposed at the original
1118disposition hearing. If the child is found to have violated the
1119conditions of probation or postcommitment probation, the court
1120may:
1121     (I)  Place the child in a consequence unit in that judicial
1122circuit, if available, for up to 5 days for a first violation,
1123and up to 15 days for a second or subsequent violation.
1124     (II)  Place the child on home detention with electronic
1125monitoring. However, this sanction may be used only if a
1126residential consequence unit is not available.
1127     (III)  Modify or continue the child's probation program or
1128postcommitment probation program.
1129     (IV)  Revoke probation or postcommitment probation and
1130commit the child to the department.
1131     d.  Notwithstanding s. 743.07 and paragraph (d), and except
1132as provided in s. 985.31, the term of any order placing a child
1133in a probation program must be until the child's 19th birthday
1134unless he or she is released by the court, on the motion of an
1135interested party or on its own motion.
1136     2.  Commit the child to a licensed child-caring agency
1137willing to receive the child, but the court may not commit the
1138child to a jail or to a facility used primarily as a detention
1139center or facility or shelter.
1140     3.  Commit the child to the department of Juvenile Justice
1141at a restrictiveness residential commitment level defined in s.
1142985.03. The court may specify a program or facility within the
1143restrictiveness level to which the child has been ordered. For a
1144child ordered committed to a specific high-risk residential or
1145maximum-risk residential program or facility, the department may
1146notify the dispositional judge of alternative placements at the
1147same risk level, as space becomes available, that could be
1148accomplished prior to entry of the child into the court-ordered
1149program or facility. With respect to any court-specified
1150placement, the court may not select a program or facility that
1151is not under contract with the department. If the court finds
1152that the planned vacancies at the program or facility specified
1153by the court are insufficient to allow for the placement of the
1154child within 45 days after the commitment order, the court must
1155select a program or facility at the same restrictiveness level
1156from at least three alternative placements provided by the
1157department. Such commitment must be for the purpose of
1158exercising active control over the child, including, but not
1159limited to, custody, care, training, urine monitoring, and
1160treatment of the child and release of the child from residential
1161commitment into the community in a postcommitment nonresidential
1162conditional release program. If the child is eligible to attend
1163public school following residential commitment and the court
1164finds that the victim or a sibling of the victim in the case is
1165or may be attending the same school as the child, the commitment
1166order shall include a finding pursuant to the proceedings
1167described in s. 985.23(1)(d). If the child is not successful in
1168the conditional release program, the department may use the
1169transfer procedure under s. 985.404. Notwithstanding s. 743.07
1170and paragraph (d), and except as provided in s. 985.31, the term
1171of the commitment must be until the child is discharged by the
1172department or until he or she reaches the age of 21.
1173     4.  Revoke or suspend the driver's license of the child.
1174     5.  Require the child and, if the court finds it
1175appropriate, the child's parent or guardian together with the
1176child, to render community service in a public service program.
1177     6.  As part of the probation program to be implemented by
1178the department of Juvenile Justice, or, in the case of a
1179committed child, as part of the community-based sanctions
1180ordered by the court at the disposition hearing or before the
1181child's release from commitment, order the child to make
1182restitution in money, through a promissory note cosigned by the
1183child's parent or guardian, or in kind for any damage or loss
1184caused by the child's offense in a reasonable amount or manner
1185to be determined by the court. The clerk of the circuit court
1186shall be the receiving and dispensing agent. In such case, the
1187court shall order the child or the child's parent or guardian to
1188pay to the office of the clerk of the circuit court an amount
1189not to exceed the actual cost incurred by the clerk as a result
1190of receiving and dispensing restitution payments. The clerk
1191shall notify the court if restitution is not made, and the court
1192shall take any further action that is necessary against the
1193child or the child's parent or guardian. A finding by the court,
1194after a hearing, that the parent or guardian has made diligent
1195and good faith efforts to prevent the child from engaging in
1196delinquent acts absolves the parent or guardian of liability for
1197restitution under this subparagraph.
1198     7.  Order the child and, if the court finds it appropriate,
1199the child's parent or guardian together with the child, to
1200participate in a community work project, either as an
1201alternative to monetary restitution or as part of the
1202rehabilitative or probation program.
1203     8.  Commit the child to the department of Juvenile Justice
1204for placement in a program or facility for serious or habitual
1205juvenile offenders in accordance with s. 985.31. Any commitment
1206of a child to a program or facility for serious or habitual
1207juvenile offenders must be for an indeterminate period of time,
1208but the time may not exceed the maximum term of imprisonment
1209that an adult may serve for the same offense. The court may
1210retain jurisdiction over such child until the child reaches the
1211age of 21, specifically for the purpose of the child completing
1212the program.
1213     9.  In addition to the sanctions imposed on the child,
1214order the parent or guardian of the child to perform community
1215service if the court finds that the parent or guardian did not
1216make a diligent and good faith effort to prevent the child from
1217engaging in delinquent acts. The court may also order the parent
1218or guardian to make restitution in money or in kind for any
1219damage or loss caused by the child's offense. The court shall
1220determine a reasonable amount or manner of restitution, and
1221payment shall be made to the clerk of the circuit court as
1222provided in subparagraph 6.
1223     10.  Subject to specific appropriation, commit the juvenile
1224sexual offender to the department of Juvenile Justice for
1225placement in a program or facility for juvenile sexual offenders
1226in accordance with s. 985.308. Any commitment of a juvenile
1227sexual offender to a program or facility for juvenile sexual
1228offenders must be for an indeterminate period of time, but the
1229time may not exceed the maximum term of imprisonment that an
1230adult may serve for the same offense. The court may retain
1231jurisdiction over a juvenile sexual offender until the juvenile
1232sexual offender reaches the age of 21, specifically for the
1233purpose of completing the program.
1234     (d)  Any commitment of a delinquent child to the department
1235of Juvenile Justice must be for an indeterminate period of time,
1236which may include periods of temporary release; however, but the
1237period of time may not exceed the maximum term of imprisonment
1238that an adult may serve for the same offense, except that the
1239duration of a minimum-risk nonresidential commitment for an
1240offense that is a misdemeanor of the second degree, or is
1241equivalent to a misdemeanor of the second degree, may be for a
1242period not to exceed 6 months. The duration of the child's
1243placement in a residential commitment program of any
1244restrictiveness level shall be based on objective performance-
1245based treatment planning. The child's treatment plan progress
1246and adjustment-related issues shall be reported to the court
1247quarterly, unless the court requests monthly reports each month.
1248The child's length of stay in a residential commitment program
1249may be extended if the child fails to comply with or participate
1250in treatment activities. The child's length of stay in the such
1251program shall not be extended for purposes of sanction or
1252punishment. Any temporary release from such program must be
1253approved by the court. Any child so committed may be discharged
1254from institutional confinement or a program upon the direction
1255of the department with the concurrence of the court. The child's
1256treatment plan progress and adjustment-related issues must be
1257communicated to the court at the time the department requests
1258the court to consider releasing the child from the residential
1259commitment program. Notwithstanding s. 743.07 and this
1260subsection, and except as provided in ss. 985.201 and 985.31, a
1261child may not be held under a commitment from a court under
1262pursuant to this section after becoming 21 years of age. The
1263department shall give the court that committed the child to the
1264department reasonable notice, in writing, of its desire to
1265discharge the child from a commitment facility. The court that
1266committed the child may thereafter accept or reject the request.
1267If the court does not respond within 10 days after receipt of
1268the notice, the request of the department shall be deemed
1269granted. This section does not limit the department's authority
1270to revoke a child's temporary release status and return the
1271child to a commitment facility for any violation of the terms
1272and conditions of the temporary release.
1273     (2)  Following a delinquency adjudicatory hearing pursuant
1274to s. 985.228 and a delinquency disposition hearing pursuant to
1275s. 985.23 which results in a commitment determination, the court
1276shall, on its own or upon request by the state or the
1277department, determine whether the protection of the public
1278requires that the child be placed in a program for serious or
1279habitual juvenile offenders and whether the particular needs of
1280the child would be best served by a program for serious or
1281habitual juvenile offenders as provided in s. 985.31. The
1282determination shall be made pursuant to ss. 985.03(49)(48) and
1283985.23(3).
1284     Section 10.  Paragraph (a) of subsection (1) of section
1285985.2311, Florida Statutes, is amended to read:
1286     985.2311  Cost of supervision; cost of care.--
1287     (1)  Except as provided in subsection (3) or subsection
1288(4):
1289     (a)  When any child is placed into home detention,
1290probation, or other supervision status with the department, or
1291is committed to the minimum-risk nonresidential restrictiveness
1292level of Juvenile Justice, the court shall order the parent of
1293such child to pay to the department a fee for the cost of the
1294supervision of such child in the amount of $1 per day for each
1295day that the child is in such supervision status.
1296     Section 11.  Section 985.313, Florida Statutes, is amended
1297to read:
1298     985.313  Juvenile correctional facilities or juvenile
1299prison.--A juvenile correctional facility or juvenile prison is
1300a physically secure residential commitment program with a
1301designated length of stay from 18 months to 36 months, primarily
1302serving children 13 years of age to 19 years of age, or until
1303the jurisdiction of the court expires. The court may retain
1304jurisdiction over the child until the child reaches the age of
130521, specifically for the purpose of the child completing the
1306program. Each child committed to this level must meet one of the
1307following criteria:
1308     (1)  The youth is at least 13 years of age at the time of
1309the disposition for the current offense and has been adjudicated
1310on the current offense for:
1311     (a)  Arson;
1312     (b)  Sexual battery;
1313     (c)  Robbery;
1314     (d)  Kidnapping;
1315     (e)  Aggravated child abuse;
1316     (f)  Aggravated assault;
1317     (g)  Aggravated stalking;
1318     (h)  Murder;
1319     (i)  Manslaughter;
1320     (j)  Unlawful throwing, placing, or discharging of a
1321destructive device or bomb;
1322     (k)  Armed burglary;
1323     (l)  Aggravated battery;
1324     (m)  Carjacking;
1325     (n)  Home-invasion robbery;
1326     (o)  Burglary with an assault or battery;
1327     (p)  Any lewd or lascivious offense committed upon or in
1328the presence of a person less than 16 years of age; or
1329     (q)  Carrying, displaying, using, threatening to use, or
1330attempting to use a weapon or firearm during the commission of a
1331felony.
1332     (2)  The youth is at least 13 years of age at the time of
1333the disposition, the current offense is a felony, and the child
1334has previously been committed three or more times to a
1335delinquency commitment program.
1336     (3)  The youth is at least 13 years of age and is currently
1337committed for a felony offense and transferred from a moderate-
1338risk or high-risk residential commitment placement.
1339     (4)  The youth is at least 13 years of age at the time of
1340the disposition for the current offense, the youth is eligible
1341for prosecution as an adult for the current offense, and the
1342current offense is ranked at level 7 or higher on the Criminal
1343Punishment Code offense severity ranking chart pursuant to s.
1344921.0022.
1345     Section 12.  Subsection (3) of section 985.316, Florida
1346Statutes, is amended to read:
1347     985.316  Conditional release.--
1348     (3)  For juveniles referred or committed to the department,
1349the function of the department may include, but shall not be
1350limited to, assessing each committed juvenile placed in a
1351residential commitment program to determine the need for
1352conditional release services upon release from the a commitment
1353program, supervising the juvenile when released into the
1354community from a residential commitment facility of the
1355department, providing such counseling and other services as may
1356be necessary for the families and assisting their preparations
1357for the return of the child. Subject to specific appropriation,
1358the department shall provide for outpatient sexual offender
1359counseling for any juvenile sexual offender released from a
1360residential commitment program as a component of conditional
1361release.
1362     Section 13.  Section 985.403, Florida Statutes, is
1363repealed.
1364     Section 14.  Task Force on Juvenile Sexual Offenders and
1365their Victims.--
1366     (1)  On or before August 1, 2005, the Department of
1367Juvenile Justice shall create a task force to review and
1368evaluate the state's laws that address juvenile sex offenders
1369and the department's practices and procedures for serving these
1370offenders and their victims. The task force shall make findings
1371that include, but are not limited to, a profile of this state's
1372juvenile sex offenders and of dispositions received by those
1373offenders, identification of statutes that address these
1374offenders, identification of community-based and commitment
1375programming available for these offenders and of such
1376programming's effectiveness, the appropriateness and
1377rehabilitative efficacy of placing these offenders in
1378residential commitment programs, and identification of
1379qualifications required for staff who serve these offenders.
1380Based on its findings, the task force shall make recommendations
1381for how the state's laws, policies, programs, and funding for
1382juvenile sexual offenders may be improved.
1383     (2)  The Secretary of Juvenile Justice, or his or her
1384designee, shall appoint up to 12 members to the task force. The
1385task force shall be composed of representatives who shall
1386include, but are not limited to: a circuit court judge with at
1387least 1 year's experience in the juvenile division, a state
1388attorney with at least 1 year's experience in the juvenile
1389division, a public defender with at least 1 year's experience in
1390the juvenile division, one representative of the Department of
1391Juvenile Justice, two representatives of providers of juvenile
1392sexual offender services, one member of the Florida Juvenile
1393Justice Association, one member of the Florida Association for
1394the Treatment of Sexual Abusers, and one victim of a juvenile
1395sexual offense.
1396     (3)  The task force shall submit a written report of its
1397findings and recommendations to the Governor, the President of
1398the Senate, and the Speaker of the House of Representatives by
1399December 1, 2005.
1400     (4)  Administrative support for the task force shall be
1401provided by the Department of Juvenile Justice. Members of the
1402task force shall receive no salary and are not entitled to
1403reimbursement for travel and per diem expenses.
1404     (5)  The task force shall be dissolved upon submission of
1405its report.
1406     Section 15.  Task force to study certification of juvenile
1407justice provider staff.--
1408     (1)  On or before August 1, 2005, the Department of
1409Juvenile Justice shall create a task force to study the
1410feasibility of establishing a certification process for staff
1411employed by a provider under contract with the Department of
1412Juvenile Justice to provide juvenile justice services to youth.
1413     (2)  The Secretary of Juvenile Justice, or his or her
1414designee, shall appoint up to 12 members to the task force. The
1415task force shall be composed of representatives who shall
1416include, but are not limited to, the following: two
1417representatives of the Department of Juvenile Justice, two
1418representatives of providers of juvenile justice services, two
1419members of the Florida Juvenile Justice Association, two
1420provider employees who provide direct care services, and two
1421representatives of the Florida Certification Board.
1422     (3)  The task force shall consider the feasibility of
1423implementing and operating a certification system for staff who
1424work in juvenile justice facilities, services, or programs. At a
1425minimum, the task force shall consider, and make recommendations
1426concerning, per diem levels, the occupational levels of staff
1427subject to certification, the criteria that may be used to
1428certify staff, the levels of certification, and a process for
1429testing and validating the effectiveness of any recommended
1430staff certification system. In making its recommendations, the
1431task force shall make findings regarding the benefits of a staff
1432certification system for the state's juvenile justice
1433programming and the cost to implement such a system.
1434     (4)  The task force shall submit a written report of its
1435findings and recommendations to the Governor, the President of
1436the Senate, and the Speaker of the House of Representatives by
1437January 1, 2006.
1438     (5)  Administrative support for the task force shall be
1439provided by the Department of Juvenile Justice. Members of the
1440task force shall receive no salary and are not entitled to
1441reimbursement for travel and per diem expenses.
1442     (6)  The task force shall be dissolved upon submission of
1443its report.
1444     Section 16.  Subsection (4) of section 985.404, Florida
1445Statutes, is amended to read:
1446     985.404  Administering the juvenile justice continuum.--
1447     (4)  The department may transfer a child, when necessary to
1448appropriately administer the child's commitment, from one
1449facility or program to another facility or program operated,
1450contracted, subcontracted, or designated by the department,
1451including a postcommitment nonresidential conditional release
1452program. The department shall notify the court that committed
1453the child to the department and any attorney of record, in
1454writing, of its intent to transfer the child from a commitment
1455facility or program to another facility or program of a higher
1456or lower restrictiveness level, or to another facility or
1457program that is different from a facility or program specified
1458by the court under s. 985.231(1)(a)3. After receipt of the
1459notice, the court that committed the child may agree to the
1460transfer or may set a hearing to review the transfer, after
1461which the court shall issue a written order granting or denying
1462the transfer, or may, without setting a hearing, issue a written
1463order granting or denying the transfer. No child shall be
1464transferred by the department to a higher or lower
1465restrictiveness level or to a facility or program different from
1466that specified by the court under s. 985.231(1)(a)3. prior to
1467the department's receiving a written court order granting the
1468transfer. If the court does not respond within 10 days after
1469receipt of the notice, the transfer of the child shall be deemed
1470granted.
1471     Section 17.  Subsections (2) and (10) of section 985.4135,
1472Florida Statutes, are amended to read:
1473     985.4135  Juvenile justice circuit boards and juvenile
1474justice county councils.--
1475     (2)  Each juvenile justice county council shall:
1476     (a)  Develop a juvenile justice prevention and early
1477intervention plan for the county and shall collaborate with the
1478circuit board and other county councils assigned to that circuit
1479in the development of a comprehensive plan for the circuit.
1480     (b)  Develop, with the cooperation of county commissioners,
1481school board officials, representatives of governing bodies for
1482local municipalities, and representatives of local law
1483enforcement agencies, criteria to be considered by law
1484enforcement officers prior to referring youth to juvenile
1485assessment centers.
1486     (10)  Membership of the juvenile justice county councils,
1487or juvenile justice circuit boards established under subsection
1488(9), may must include representatives from the following
1489entities:
1490     (a)  Representatives from the school district, which may
1491include elected school board officials, the school
1492superintendent, school or district administrators, teachers, and
1493counselors.
1494     (b)  Representatives of the board of county commissioners.
1495     (c)  Representatives of the governing bodies of local
1496municipalities within the county.
1497     (d)  A representative of the corresponding circuit or
1498regional entity of the Department of Children and Family
1499Services.
1500     (e)  Representatives of local law enforcement agencies,
1501including the sheriff or the sheriff's designee.
1502     (f)  Representatives of the judicial system.
1503     (g)  Representatives of the business community.
1504     (h)  Representatives of other interested officials, groups,
1505or entities, including, but not limited to, a children's
1506services council, public or private providers of juvenile
1507justice programs and services, students, parents, and advocates.
1508Private providers of juvenile justice programs may not exceed
1509one-third of the voting membership.
1510     (i)  Representatives of the faith community.
1511     (j)  Representatives of victim-service programs and victims
1512of crimes.
1513     (k)  Representatives of the Department of Corrections.
1514     Section 18.  Section 784.075, Florida Statutes, is amended
1515to read:
1516     784.075  Battery on detention or commitment facility staff
1517or a juvenile probation officer.--A person who commits a battery
1518on a juvenile probation officer, as defined in s. 984.03 or s.
1519985.03, on other staff of a detention center or facility as
1520defined in s. 984.03(19) or s. 985.03(19), or on a staff member
1521of a commitment facility as defined in s. 985.03(45), commits a
1522felony of the third degree, punishable as provided in s.
1523775.082, s. 775.083, or s. 775.084. For purposes of this
1524section, a staff member of the facilities listed includes
1525persons employed by the Department of Juvenile Justice, persons
1526employed at facilities licensed by the Department of Juvenile
1527Justice, and persons employed at facilities operated under a
1528contract with the Department of Juvenile Justice.
1529     Section 19.  Section 984.05, Florida Statutes, is amended
1530to read:
1531     984.05  Rules relating to habitual truants; adoption by
1532State Board of Education and Department of Juvenile
1533Justice.--The Department of Juvenile Justice and the State Board
1534of Education shall work together on the development of, and
1535shall adopt, rules as necessary for the implementation of ss.
1536984.03(27), 985.03(26)(25), and 1003.27.
1537     Section 20.  Paragraph (e) of subsection (3) and paragraph
1538(a) of subsection (4) of section 985.31, Florida Statutes, are
1539amended, and for the purpose of incorporating the amendment to
1540section 985.231, Florida Statutes, in references thereto,
1541paragraph (k) of subsection (3) of said section is reenacted, to
1542read:
1543     985.31  Serious or habitual juvenile offender.--
1544     (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1545TREATMENT.--
1546     (e)  After a child has been adjudicated delinquent pursuant
1547to s. 985.228, the court shall determine whether the child meets
1548the criteria for a serious or habitual juvenile offender
1549pursuant to s. 985.03(49)(48). If the court determines that the
1550child does not meet such criteria, the provisions of s.
1551985.231(1) shall apply.
1552     (k)  Any commitment of a child to the department for
1553placement in a serious or habitual juvenile offender program or
1554facility shall be for an indeterminate period of time, but the
1555time shall not exceed the maximum term of imprisonment which an
1556adult may serve for the same offense. Notwithstanding the
1557provisions of ss. 743.07 and 985.231(1)(d), a serious or
1558habitual juvenile offender shall not be held under commitment
1559from a court pursuant to this section, s. 985.231, or s. 985.233
1560after becoming 21 years of age. This provision shall apply only
1561for the purpose of completing the serious or habitual juvenile
1562offender program pursuant to this chapter and shall be used
1563solely for the purpose of treatment.
1564     (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--
1565     (a)  Pursuant to the provisions of this section, the
1566department shall implement the comprehensive assessment
1567instrument for the treatment needs of serious or habitual
1568juvenile offenders and for the assessment, which assessment
1569shall include the criteria under s. 985.03(49)(48) and shall
1570also include, but not be limited to, evaluation of the child's:
1571     1.  Amenability to treatment.
1572     2.  Proclivity toward violence.
1573     3.  Tendency toward gang involvement.
1574     4.  Substance abuse or addiction and the level thereof.
1575     5.  History of being a victim of child abuse or sexual
1576abuse, or indication of sexual behavior dysfunction.
1577     6.  Number and type of previous adjudications, findings of
1578guilt, and convictions.
1579     7.  Potential for rehabilitation.
1580     Section 21.  Subsection (2) of section 985.3141, Florida
1581Statutes, is amended to read:
1582     985.3141  Escapes from secure detention or residential
1583commitment facility.--An escape from:
1584     (2)  Any residential commitment facility described in s.
1585985.03(46)(45), maintained for the custody, treatment,
1586punishment, or rehabilitation of children found to have
1587committed delinquent acts or violations of law; or
1588     Section 22.  For the purpose of incorporating the amendment
1589to section 985.231, Florida Statutes, in a reference thereto,
1590paragraph (a) of subsection (4) of section 985.201, Florida
1591Statutes, is reenacted to read:
1592     985.201  Jurisdiction.--
1593     (4)(a)  Notwithstanding ss. 743.07, 985.229, 985.23, and
1594985.231, and except as provided in ss. 985.31 and 985.313, when
1595the jurisdiction of any child who is alleged to have committed a
1596delinquent act or violation of law is obtained, the court shall
1597retain jurisdiction, unless relinquished by its order, until the
1598child reaches 19 years of age, with the same power over the
1599child that the court had prior to the child becoming an adult.
1600     Section 23.  For the purpose of incorporating the amendment
1601to section 985.231, Florida Statutes, in a reference thereto,
1602paragraph (b) of subsection (4) of section 985.233, Florida
1603Statutes, is reenacted to read:
1604     985.233  Sentencing powers; procedures; alternatives for
1605juveniles prosecuted as adults.--
1606     (4)  SENTENCING ALTERNATIVES.--
1607     (b)  Sentencing to juvenile sanctions.--For juveniles
1608transferred to adult court but who do not qualify for such
1609transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
1610(b), the court may impose juvenile sanctions under this
1611paragraph. If juvenile sentences are imposed, the court shall,
1612pursuant to this paragraph, adjudge the child to have committed
1613a delinquent act. Adjudication of delinquency shall not be
1614deemed a conviction, nor shall it operate to impose any of the
1615civil disabilities ordinarily resulting from a conviction. The
1616court shall impose an adult sanction or a juvenile sanction and
1617may not sentence the child to a combination of adult and
1618juvenile punishments. An adult sanction or a juvenile sanction
1619may include enforcement of an order of restitution or probation
1620previously ordered in any juvenile proceeding. However, if the
1621court imposes a juvenile sanction and the department determines
1622that the sanction is unsuitable for the child, the department
1623shall return custody of the child to the sentencing court for
1624further proceedings, including the imposition of adult
1625sanctions. Upon adjudicating a child delinquent under subsection
1626(1), the court may:
1627     1.  Place the child in a probation program under the
1628supervision of the department for an indeterminate period of
1629time until the child reaches the age of 19 years or sooner if
1630discharged by order of the court.
1631     2.  Commit the child to the department for treatment in an
1632appropriate program for children for an indeterminate period of
1633time until the child is 21 or sooner if discharged by the
1634department. The department shall notify the court of its intent
1635to discharge no later than 14 days prior to discharge. Failure
1636of the court to timely respond to the department's notice shall
1637be considered approval for discharge.
1638     3.  Order disposition pursuant to s. 985.231 as an
1639alternative to youthful offender or adult sentencing if the
1640court determines not to impose youthful offender or adult
1641sanctions.
1642
1643It is the intent of the Legislature that the criteria and
1644guidelines in this subsection are mandatory and that a
1645determination of disposition under this subsection is subject to
1646the right of the child to appellate review under s. 985.234.
1647     Section 24.  For the purpose of incorporating the amendment
1648to section 985.231, Florida Statutes, in a reference thereto,
1649paragraph (e) of subsection (3) of section 985.311, Florida
1650Statutes, is reenacted to read:
1651     985.311  Intensive residential treatment program for
1652offenders less than 13 years of age.--
1653     (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
1654TREATMENT.--
1655     (e)  After a child has been adjudicated delinquent pursuant
1656to s. 985.228(5), the court shall determine whether the child is
1657eligible for an intensive residential treatment program for
1658offenders less than 13 years of age pursuant to s. 985.03(7). If
1659the court determines that the child does not meet the criteria,
1660the provisions of s. 985.231(1) shall apply.
1661     Section 25.  This act shall take effect July 1, 2005.


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