_h7181__
HB 7181

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 394.492,
3F.S.; including children 9 years of age or younger at the
4time of referral for a delinquent act within the
5definition of those children who are eligible to receive
6comprehensive mental health services; amending s. 984.03,
7F.S.; expanding the meaning of the terms "child in need of
8services" and "family in need of services" to include a
9child 9 years of age or younger at the time of referral to
10the Department of Juvenile Justice; amending s. 984.14,
11F.S.; providing for a youth taken into custody for a
12misdemeanor domestic violence charge who is ineligible to
13be held in secure detention to be placed in a shelter;
14amending s. 985.02, F.S.; providing additional legislative
15findings and intent concerning very young children and
16restorative justice; amending s. 985.03, F.S.; expanding
17the meaning of the terms "child in need of services" and
18"family in need of services" to include a child 9 years of
19age or younger at the time of referral to the Department
20of Juvenile Justice; amending s. 985.125, F.S.;
21encouraging law enforcement agencies, school districts,
22counties, municipalities, and the Department of Juvenile
23Justice to establish prearrest or postarrest diversion
24programs for youth who are 9 years of age or younger;
25amending s. 985.145, F.S.; requiring a juvenile probation
26officer to refer a child to the appropriate shelter if the
27completed risk assessment instrument shows that the child
28is ineligible for secure detention; amending s. 985.24,
29F.S.; prohibiting a child alleged to have committed a
30delinquent act or violation of law from being placed into
31secure, nonsecure, or home detention care because of a
32misdemeanor charge of domestic violence if the child lives
33in a family that has a history of domestic violence or if
34the child is a victim of abuse or neglect; prohibiting a
35child 9 years of age or younger from being placed into
36secure detention care unless the child is charged with a
37capital felony, life felony, or felony of the first
38degree; amending s. 985.245, F.S.; revising membership on
39the statewide risk assessment instrument committee;
40requiring independent validation of the risk assessment
41instrument; amending s. 985.255, F.S.; providing that a
42child may be retained in home detention care under certain
43circumstances; providing that a child who is charged with
44committing a felony offense of domestic violence and who
45does not meet detention criteria may nevertheless be held
46in secure detention if the court makes certain specific
47written findings; amending s. 985.441, F.S.; providing
48that a court may commit a female child adjudicated as
49delinquent to the department for placement in a mother-
50infant program designed to serve the needs of the juvenile
51mothers or expectant juvenile mothers who are committed as
52delinquents; requiring the department to adopt rules to
53govern the operation of the mother-infant program;
54amending s. 985.45, F.S.; specifying that a child working
55under certain circumstances is a state employee for
56workers' compensation purposes; amending s. 985.632, F.S.;
57revising provisions relating to quality assurance and
58cost-effectiveness of department programs; amending s.
59985.664, F.S.; increasing the number of members by which a
60juvenile justice circuit board may be increased to reflect
61the diversity of the population and community
62organizations or agencies in the circuit; providing
63legislative findings concerning the determination of
64whether to commit a juvenile to the Department of Juvenile
65Justice and to determine the most appropriate
66restrictiveness level for such a juvenile; providing an
67effective date.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Paragraph (i) is added to subsection (4) of
72section 394.492, Florida Statutes, to read:
73     394.492  Definitions.-As used in ss. 394.490-394.497, the
74term:
75     (4)  "Child or adolescent at risk of emotional disturbance"
76means a person under 18 years of age who has an increased
77likelihood of becoming emotionally disturbed because of risk
78factors that include, but are not limited to:
79     (i)  Being 9 years of age or younger at the time of
80referral for a delinquent act.
81     Section 2.  Subsections (9) and (25) of section 984.03,
82Florida Statutes, are amended to read:
83     984.03  Definitions.-When used in this chapter, the term:
84     (9)  "Child in need of services" means a child for whom
85there is no pending investigation into an allegation or
86suspicion of abuse, neglect, or abandonment; no pending referral
87alleging the child is delinquent, except when a child 9 years of
88age or younger is being referred to the department; or no
89current supervision by the department of Juvenile Justice or the
90Department of Children and Family Services for an adjudication
91of dependency or delinquency. The child must also, pursuant to
92this chapter, be found by the court:
93     (a)  To have persistently run away from the child's parents
94or legal custodians despite reasonable efforts of the child, the
95parents or legal custodians, and appropriate agencies to remedy
96the conditions contributing to the behavior. Reasonable efforts
97shall include voluntary participation by the child's parents or
98legal custodians and the child in family mediation, services,
99and treatment offered by the department of Juvenile Justice or
100the Department of Children and Family Services;
101     (b)  To be habitually truant from school, while subject to
102compulsory school attendance, despite reasonable efforts to
103remedy the situation pursuant to ss. 1003.26 and 1003.27 and
104through voluntary participation by the child's parents or legal
105custodians and by the child in family mediation, services, and
106treatment offered by the department of Juvenile Justice or the
107Department of Children and Family Services; or
108     (c)  To have persistently disobeyed the reasonable and
109lawful demands of the child's parents or legal custodians, and
110to be beyond their control despite efforts by the child's
111parents or legal custodians and appropriate agencies to remedy
112the conditions contributing to the behavior. Reasonable efforts
113may include such things as good faith participation in family or
114individual counseling; or
115     (d)  To be 9 years of age or younger and have been referred
116to the department for a delinquent act.
117     (25)  "Family in need of services" means a family that has
118a child who is running away; who is persistently disobeying
119reasonable and lawful demands of the parent or legal custodian
120and is beyond the control of the parent or legal custodian; or
121who is habitually truant from school or engaging in other
122serious behaviors that place the child at risk of future abuse,
123neglect, or abandonment or at risk of entering the juvenile
124justice system; or who is 9 years of age or younger and being
125referred to the department for a delinquent act. The child must
126be referred to a law enforcement agency, the department of
127Juvenile Justice, or an agency contracted to provide services to
128children in need of services. A family is not eligible to
129receive services if, at the time of the referral, there is an
130open investigation into an allegation of abuse, neglect, or
131abandonment or if the child is currently under supervision by
132the department of Juvenile Justice or the Department of Children
133and Family Services due to an adjudication of dependency or
134delinquency.
135     Section 3.  Subsection (1) of section 984.14, Florida
136Statutes, is amended to read:
137     984.14  Shelter placement; hearing.-
138     (1)  Unless ordered by the court pursuant to the provisions
139of this chapter, or upon voluntary consent to placement by the
140child and the child's parent, legal guardian, or custodian, a
141child taken into custody shall not be placed in a shelter prior
142to a court hearing unless the child is taken into custody for a
143misdemeanor domestic violence charge and is ineligible to be
144held in secure detention or a determination has been made that
145the provision of appropriate and available services will not
146eliminate the need for placement and that such placement is
147required:
148     (a)  To provide an opportunity for the child and family to
149agree upon conditions for the child's return home, when
150immediate placement in the home would result in a substantial
151likelihood that the child and family would not reach an
152agreement; or
153     (b)  Because a parent, custodian, or guardian is
154unavailable to take immediate custody of the child.
155     Section 4.  Subsections (9) and (10) are added to section
156985.02, Florida Statutes, to read:
157     985.02  Legislative intent for the juvenile justice
158system.-
159     (9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
160finds that very young children need age-appropriate services in
161order to prevent and reduce future acts of delinquency. Children
162who are 9 years of age or younger should be diverted into
163prearrest or postarrest programs, civil citation programs, or
164children-in-need-of-services and families-in-need-of-services
165programs, or other programs as appropriate. If, upon findings
166from the needs assessment, the child is found to be in need of
167mental health services or substance abuse treatment services,
168the department shall cooperate with the parent or legal guardian
169and the Department of Children and Family Services, as
170appropriate, to identify the most appropriate services and
171supports and available funding sources to meet the needs of the
172child.
173     (10)  RESTORATIVE JUSTICE.-
174     (a)  It is the intent of the Legislature that the juvenile
175justice system advance the principles of restorative justice.
176The department should focus on repairing the harm to victims of
177delinquent behavior by ensuring that the child understands the
178impact of his or her delinquent behavior on the victim and the
179community and that the child restore the losses of his or her
180victim.
181     (b)  Offender accountability is one of the basic principles
182of restorative justice. The premise of this principle is that
183the juvenile justice system must respond to delinquent behavior
184in such a way that the offender is made aware of and takes
185responsibility for repaying or restoring loss, damage, or injury
186perpetrated upon the victim and the community. This goal is
187achieved when the offender understands the consequences of
188delinquent behavior in terms of harm to others and when the
189offender makes amends for the harm, loss, or damage through
190restitution, community service, or other appropriate repayment.
191     Section 5.  Subsections (7) and (23) of section 985.03,
192Florida Statutes, are amended to read:
193     985.03  Definitions.-As used in this chapter, the term:
194     (7)  "Child in need of services" means a child for whom
195there is no pending investigation into an allegation or
196suspicion of abuse, neglect, or abandonment; no pending referral
197alleging the child is delinquent, except when a child 9 years of
198age or younger is being referred to the department; or no
199current supervision by the department or the Department of
200Children and Family Services for an adjudication of dependency
201or delinquency. The child must also, under this chapter, be
202found by the court:
203     (a)  To have persistently run away from the child's parents
204or legal custodians despite reasonable efforts of the child, the
205parents or legal custodians, and appropriate agencies to remedy
206the conditions contributing to the behavior. Reasonable efforts
207shall include voluntary participation by the child's parents or
208legal custodians and the child in family mediation, services,
209and treatment offered by the department or the Department of
210Children and Family Services;
211     (b)  To be habitually truant from school, while subject to
212compulsory school attendance, despite reasonable efforts to
213remedy the situation under ss. 1003.26 and 1003.27 and through
214voluntary participation by the child's parents or legal
215custodians and by the child in family mediation, services, and
216treatment offered by the department of Juvenile Justice or the
217Department of Children and Family Services; or
218     (c)  To have persistently disobeyed the reasonable and
219lawful demands of the child's parents or legal custodians, and
220to be beyond their control despite efforts by the child's
221parents or legal custodians and appropriate agencies to remedy
222the conditions contributing to the behavior. Reasonable efforts
223may include such things as good faith participation in family or
224individual counseling; or
225     (d)  To be 9 years of age or younger and have been referred
226to the department for a delinquent act.
227     (23)  "Family in need of services" means a family that has
228a child for whom there is no pending investigation into an
229allegation of abuse, neglect, or abandonment or no current
230supervision by the department or the Department of Children and
231Family Services for an adjudication of dependency or
232delinquency. The child must also have been referred to a law
233enforcement agency or the department for:
234     (a)  Running away from parents or legal custodians;
235     (b)  Persistently disobeying reasonable and lawful demands
236of parents or legal custodians, and being beyond their control;
237or
238     (c)  Habitual truancy from school; or
239     (d)  Being a child 9 years of age or younger and being
240referred for a delinquent act.
241     Section 6.  Subsection (1) of section 985.125, Florida
242Statutes, is amended to read:
243     985.125  Prearrest or postarrest diversion programs.-
244     (1)  A law enforcement agency, or school district, county,
245municipality, or the department, in cooperation with the state
246attorney, is encouraged to may establish a prearrest or
247postarrest diversion program. Youth 9 years of age or younger
248should be given the opportunity to participate in a prearrest or
249postarrest diversion program.
250     Section 7.  Paragraph (d) of subsection (1) of section
251985.145, Florida Statutes, is amended to read:
252     985.145  Responsibilities of juvenile probation officer
253during intake; screenings and assessments.-
254     (1)  The juvenile probation officer shall serve as the
255primary case manager for the purpose of managing, coordinating,
256and monitoring the services provided to the child. Each program
257administrator within the Department of Children and Family
258Services shall cooperate with the primary case manager in
259carrying out the duties and responsibilities described in this
260section. In addition to duties specified in other sections and
261through departmental rules, the assigned juvenile probation
262officer shall be responsible for the following:
263     (d)  Completing risk assessment instrument.-The juvenile
264probation officer shall ensure that a risk assessment instrument
265establishing the child's eligibility for detention has been
266accurately completed and that the appropriate recommendation was
267made to the court. If upon completion of the risk assessment
268instrument the child is ineligible for secure detention based on
269the criteria in s. 985.24(2)(e), the juvenile probation officer
270shall make a referral to the appropriate shelter for a child in
271need of services or a family in need of services.
272     Section 8.  Section 985.24, Florida Statutes, is amended to
273read:
274     985.24  Use of detention; prohibitions.-
275     (1)  All determinations and court orders regarding the use
276of secure, nonsecure, or home detention shall be based primarily
277upon findings that the child:
278     (a)  Presents a substantial risk of not appearing at a
279subsequent hearing;
280     (b)  Presents a substantial risk of inflicting bodily harm
281on others as evidenced by recent behavior;
282     (c)  Presents a history of committing a property offense
283prior to adjudication, disposition, or placement;
284     (d)  Has committed contempt of court by:
285     1.  Intentionally disrupting the administration of the
286court;
287     2.  Intentionally disobeying a court order; or
288     3.  Engaging in a punishable act or speech in the court's
289presence which shows disrespect for the authority and dignity of
290the court; or
291     (e)  Requests protection from imminent bodily harm.
292     (2)  A child alleged to have committed a delinquent act or
293violation of law may not be placed into secure, nonsecure, or
294home detention care for any of the following reasons:
295     (a)  To allow a parent to avoid his or her legal
296responsibility.
297     (b)  To permit more convenient administrative access to the
298child.
299     (c)  To facilitate further interrogation or investigation.
300     (d)  Due to a lack of more appropriate facilities.
301     (e)  Due to a misdemeanor charge of domestic violence when
302the child lives in a family with a history of domestic violence
303as defined in s. 741.28 or is a victim of abuse or neglect as
304defined in s. 39.01, and the decision to place the child in
305secure detention is mitigated by the history of trauma faced by
306the child, unless the child would otherwise be subject to secure
307detention based on prior history.
308     (3)  A child alleged to be dependent under chapter 39 may
309not, under any circumstances, be placed into secure detention
310care.
311     (4)  A child 9 years of age or younger may not be placed in
312secure detention care unless the child is charged with a capital
313felony, life felony, or felony of the first degree.
314     (5)(4)  The department shall continue to identify
315alternatives to secure detention care and shall develop such
316alternatives and annually submit them to the Legislature for
317authorization and appropriation.
318     Section 9.  Subsection (2) of section 985.245, Florida
319Statutes, is amended to read:
320     985.245  Risk assessment instrument.-
321     (2)(a)  The risk assessment instrument for detention care
322placement determinations and court orders shall be developed by
323the department in agreement with a committee composed of two
324representatives appointed by the following associations: the
325Conference of Circuit Judges of Florida, the Prosecuting
326Attorneys Association, the Public Defenders Association, the
327Florida Sheriffs Association, and the Florida Association of
328Chiefs of Police. Each association shall appoint two
329individuals, one representing an urban area and one representing
330a rural area. In addition, the committee shall include two
331representatives from child advocacy organizations appointed by
332the secretary of the department. The parties involved shall
333evaluate and revise the risk assessment instrument as is
334considered necessary using the method for revision as agreed by
335the parties.
336     (b)  The risk assessment instrument shall take into
337consideration, but need not be limited to, prior history of
338failure to appear, prior offenses, offenses committed pending
339adjudication, any unlawful possession of a firearm, theft of a
340motor vehicle or possession of a stolen motor vehicle, and
341probation status at the time the child is taken into custody.
342The risk assessment instrument shall also take into
343consideration appropriate aggravating and mitigating
344circumstances, and shall be designed to target a narrower
345population of children than s. 985.255. The risk assessment
346instrument shall also include any information concerning the
347child's history of abuse and neglect. The risk assessment shall
348indicate whether detention care is warranted, and, if detention
349care is warranted, whether the child should be placed into
350secure, nonsecure, or home detention care.
351     (c)  The risk assessment instrument shall be independently
352validated. The department shall review the population, policies,
353and procedures that have an impact on the use of detention every
3547 years to determine the necessity of revalidating the risk
355assessment instrument. Validation of the instrument means
356assessing the effectiveness of the instrument's ability to
357measure the risk of committing new offenses and failure to
358appear for court proceedings.
359     Section 10.  Section 985.255, Florida Statutes, is amended
360to read:
361     985.255  Detention criteria; detention hearing.-
362     (1)  Subject to s. 985.25(1), a child taken into custody
363and placed into nonsecure or home detention care or detained in
364secure detention care prior to a detention hearing may continue
365to be detained by the court if:
366     (a)  The child is alleged to be an escapee from a
367residential commitment program; or an absconder from a
368nonresidential commitment program, a probation program, or
369conditional release supervision; or is alleged to have escaped
370while being lawfully transported to or from a residential
371commitment program.
372     (b)  The child is wanted in another jurisdiction for an
373offense which, if committed by an adult, would be a felony.
374     (c)  The child is charged with a delinquent act or
375violation of law and requests in writing through legal counsel
376to be detained for protection from an imminent physical threat
377to his or her personal safety.
378     (d)  The child is charged with committing a felony an
379offense of domestic violence as defined in s. 741.28 and is
380detained as provided in subsection (2).
381     (e)  The child is charged with possession or discharging a
382firearm on school property in violation of s. 790.115.
383     (f)  The child is charged with a capital felony, a life
384felony, a felony of the first degree, a felony of the second
385degree that does not involve a violation of chapter 893, or a
386felony of the third degree that is also a crime of violence,
387including any such offense involving the use or possession of a
388firearm.
389     (g)  The child is charged with any second degree or third
390degree felony involving a violation of chapter 893 or any third
391degree felony that is not also a crime of violence, and the
392child:
393     1.  Has a record of failure to appear at court hearings
394after being properly notified in accordance with the Rules of
395Juvenile Procedure;
396     2.  Has a record of law violations prior to court hearings;
397     3.  Has already been detained or has been released and is
398awaiting final disposition of the case;
399     4.  Has a record of violent conduct resulting in physical
400injury to others; or
401     5.  Is found to have been in possession of a firearm.
402     (h)  The child is alleged to have violated the conditions
403of the child's probation or conditional release supervision.
404However, a child detained under this paragraph may be held only
405in a consequence unit as provided in s. 985.439. If a
406consequence unit is not available, the child shall be placed on
407home detention with electronic monitoring.
408     (i)  The child is detained on a judicial order for failure
409to appear and has previously willfully failed to appear, after
410proper notice, for an adjudicatory hearing on the same case
411regardless of the results of the risk assessment instrument. A
412child may be held in secure detention for up to 72 hours in
413advance of the next scheduled court hearing pursuant to this
414paragraph. The child's failure to keep the clerk of court and
415defense counsel informed of a current and valid mailing address
416where the child will receive notice to appear at court
417proceedings does not provide an adequate ground for excusal of
418the child's nonappearance at the hearings.
419     (j)  The child is detained on a judicial order for failure
420to appear and has previously willfully failed to appear, after
421proper notice, at two or more court hearings of any nature on
422the same case regardless of the results of the risk assessment
423instrument. A child may be held in secure detention for up to 72
424hours in advance of the next scheduled court hearing pursuant to
425this paragraph. The child's failure to keep the clerk of court
426and defense counsel informed of a current and valid mailing
427address where the child will receive notice to appear at court
428proceedings does not provide an adequate ground for excusal of
429the child's nonappearance at the hearings.
430     (2)  A child who is charged with committing a felony an
431offense of domestic violence as defined in s. 741.28 and who
432does not meet detention criteria may be held in secure detention
433if the court makes specific written findings that:
434     (a)  Respite care for the child is not available.
435     (b)  It is necessary to place the child in secure detention
436in order to protect the victim from injury.
437
438The child may not be held in secure detention under this
439subsection for more than 48 hours unless ordered by the court.
440After 48 hours, the court shall hold a hearing if the state
441attorney or victim requests that secure detention be continued.
442The child may continue to be held in detention care if the court
443makes a specific, written finding that detention care is
444necessary to protect the victim from injury. However, the child
445may not be held in detention care beyond the time limits set
446forth in this section or s. 985.26.
447     (3)(a)  A child who meets any of the criteria in subsection
448(1) and who is ordered to be detained under that subsection
449shall be given a hearing within 24 hours after being taken into
450custody. The purpose of the detention hearing is to determine
451the existence of probable cause that the child has committed the
452delinquent act or violation of law that he or she is charged
453with and the need for continued detention. Unless a child is
454detained under paragraph (1)(d) or paragraph (1)(e), the court
455shall use the results of the risk assessment performed by the
456juvenile probation officer and, based on the criteria in
457subsection (1), shall determine the need for continued
458detention. A child placed into secure, nonsecure, or home
459detention care may continue to be so detained by the court.
460     (b)  If the court orders a placement more restrictive than
461indicated by the results of the risk assessment instrument, the
462court shall state, in writing, clear and convincing reasons for
463such placement.
464     (c)  Except as provided in s. 790.22(8) or in s. 985.27,
465when a child is placed into secure or nonsecure detention care,
466or into a respite home or other placement pursuant to a court
467order following a hearing, the court order must include specific
468instructions that direct the release of the child from such
469placement no later than 5 p.m. on the last day of the detention
470period specified in s. 985.26 or s. 985.27, whichever is
471applicable, unless the requirements of such applicable provision
472have been met or an order of continuance has been granted under
473s. 985.26(4).
474     Section 11.  Paragraph (e) is added to subsection (1) of
475section 985.441, Florida Statutes, to read:
476     985.441  Commitment.-
477     (1)  The court that has jurisdiction of an adjudicated
478delinquent child may, by an order stating the facts upon which a
479determination of a sanction and rehabilitative program was made
480at the disposition hearing:
481     (e)  Commit a female child to the department for placement
482in a mother-infant program designed to serve the needs of the
483juvenile mothers or expectant juvenile mothers who are committed
484as delinquents. The department's mother-infant program shall be
485licensed as a child care facility in accordance with s. 402.308
486and shall provide the services and support necessary to enable
487the committed juvenile mothers to provide for the needs of the
488infants who, upon agreement of the mother, may accompany them in
489the program. The department shall adopt rules pursuant to ss.
490120.536(1) and 120.54 to govern the operation of such program.
491     Section 12.  Subsection (1) of section 985.45, Florida
492Statutes, is amended to read:
493     985.45  Liability and remuneration for work.-
494     (1)  Whenever a child is required by the court to
495participate in any work program under this part or whenever a
496child volunteers to work in a specified state, county,
497municipal, or community service organization supervised work
498program or to work for the victim, either as an alternative to
499monetary restitution or as a part of the rehabilitative or
500probation program, the child is an employee of the state for the
501purposes of chapter 440 liability.
502     Section 13.  Section 985.632, Florida Statutes, is amended
503to read:
504     985.632  Quality assurance and cost-effectiveness.-
505     (1)  INTENT.-It is the intent of the Legislature that the
506department:
507     (a)  Ensure that information be provided to decisionmakers
508in a timely manner so that resources are allocated to programs
509that of the department which achieve desired performance levels.
510     (b)  Collect and analyze available statistical data for the
511purpose of ongoing evaluation of all programs.
512     (c)(b)  Provide information about the cost of such programs
513and their differential effectiveness so that program the quality
514of such programs can be compared and improvements made
515continually.
516     (d)(c)  Provide information to aid in developing related
517policy issues and concerns.
518     (e)(d)  Provide information to the public about the
519effectiveness of such programs in meeting established goals and
520objectives.
521     (f)(e)  Provide a basis for a system of accountability so
522that each youth client is afforded the best programs to meet his
523or her needs.
524     (g)(f)  Improve service delivery to youth clients.
525     (h)(g)  Modify or eliminate activities that are not
526effective.
527     (2)  DEFINITIONS.-As used in this section, the term:
528     (a)  "Program" means any facility, service, or program for
529youth that is operated by the department or by a provider under
530contract with the department.
531     (b)  "Program component" means an aggregation of generally
532related objectives which, because of their special character,
533related workload, and interrelated output, can logically be
534considered an entity for purposes of organization, management,
535accounting, reporting, and budgeting.
536     (c)  "Program effectiveness" means the ability of the
537program to achieve desired client outcomes, goals, and
538objectives.
539     (c)  "Program group" means a collection of programs with
540sufficient similarity of functions, services, and youth to
541permit appropriate comparison among programs within the group.
542     (d)(a)  "Youth" "Client" means any person who is being
543provided treatment or services by the department or by a
544provider under contract with the department.
545     (3)  COMPREHENSIVE ACCOUNTABILITY REPORT.-The department
546shall use a standard methodology for annually measuring,
547evaluating, and reporting program outputs and youth outcomes for
548each program and program group. The department shall submit a
549report to the appropriate substantive and fiscal committees of
550the Legislature and the Governor no later than January 15 of
551each year. The department shall notify the Office of Program
552Policy Analysis and Government Accountability and contract
553service providers of substantive changes to the methodology. The
554standard methodology must:
555     (a)  Incorporate, whenever possible, performance-based
556budgeting measures.
557     (b)  Include common terminology and operational definitions
558for measuring the performance of system and program
559administration, program outputs, and youth outcomes.
560     (c)  Specify program outputs for each program and for each
561program group within the juvenile justice continuum.
562     (d)  Specify desired youth outcomes and methods by which to
563measure youth outcomes for each program and program group.
564     (3)  The department shall annually collect and report cost
565data for every program operated or contracted by the department.
566The cost data shall conform to a format approved by the
567department and the Legislature. Uniform cost data shall be
568reported and collected for state-operated and contracted
569programs so that comparisons can be made among programs. The
570department shall ensure that there is accurate cost accounting
571for state-operated services including market-equivalent rent and
572other shared cost. The cost of the educational program provided
573to a residential facility shall be reported and included in the
574cost of a program. The department shall submit an annual cost
575report to the President of the Senate, the Speaker of the House
576of Representatives, the Minority Leader of each house of the
577Legislature, the appropriate substantive and fiscal committees
578of each house of the Legislature, and the Governor, no later
579than December 1 of each year. Cost-benefit analysis for
580educational programs will be developed and implemented in
581collaboration with and in cooperation with the Department of
582Education, local providers, and local school districts. Cost
583data for the report shall include data collected by the
584Department of Education for the purposes of preparing the annual
585report required by s. 1003.52(19).
586     (4)(a)  COST-EFFECTIVENESS MODEL.-The department of
587Juvenile Justice, in consultation with the Office of Economic
588and Demographic Research, and contract service providers, shall
589develop a cost-effectiveness model and apply the cost-
590effectiveness model to each commitment program and include the
591results in the Comprehensive Accountability Report. Program
592recidivism rates shall be a component of the model.
593     (a)  The cost-effectiveness model shall compare program
594costs to expected and actual youth recidivism rates client
595outcomes and program outputs. It is the intent of the
596Legislature that continual development efforts take place to
597improve the validity and reliability of the cost-effectiveness
598model and to integrate the standard methodology developed under
599s. 985.401(4) for interpreting program outcome evaluations.
600     (b)  The department shall rank commitment programs based on
601the cost-effectiveness model and shall submit a report to the
602appropriate substantive and fiscal committees of each house of
603the Legislature by December 31 of each year.
604     (b)(c)  Based on reports of the department on client
605outcomes and program outputs and on the department's most recent
606cost-effectiveness rankings, the department may terminate a
607commitment program operated by the department or a provider if
608the program has failed to achieve a minimum threshold of cost-
609effectiveness program effectiveness. This paragraph does not
610preclude the department from terminating a contract as provided
611under this section or as otherwise provided by law or contract,
612and does not limit the department's authority to enter into or
613terminate a contract.
614     (c)(d)  The department shall notify the Office of Program
615Policy Analysis and Government Accountability and contract
616service providers of substantive changes to the cost-
617effectiveness model In collaboration with the Office of Economic
618and Demographic Research, and contract service providers, the
619department shall develop a work plan to refine the cost-
620effectiveness model so that the model is consistent with the
621performance-based program budgeting measures approved by the
622Legislature to the extent the department deems appropriate. The
623department shall notify the Office of Program Policy Analysis
624and Government Accountability of any meetings to refine the
625model.
626     (d)(e)  Contingent upon specific appropriation, the
627department, in consultation with the Office of Economic and
628Demographic Research, and contract service providers, shall:
629     1.  Construct a profile of each commitment program that
630uses the results of the quality assurance report required by
631this section, the cost-effectiveness report required in this
632subsection, and other reports available to the department.
633     2.  Target, for a more comprehensive evaluation, any
634commitment program that has achieved consistently high, low, or
635disparate ratings in the reports required under subparagraph 1.
636     3.  Identify the essential factors that contribute to the
637high, low, or disparate program ratings.
638     4.  Use the results of these evaluations in developing or
639refining juvenile justice programs or program models, youth
640client outcomes and program outputs, provider contracts, quality
641assurance standards, and the cost-effectiveness model.
642     (5)  QUALITY ASSURANCE.-The department shall:
643     (a)  Establish a comprehensive quality assurance system for
644each program operated by the department or operated by a
645provider under contract with the department. Each contract
646entered into by the department must provide for quality
647assurance and include the results in the Comprehensive
648Accountability Report.
649     (b)  Provide operational definitions of and criteria for
650quality assurance for each specific program component.
651     (c)  Establish quality assurance goals and objectives for
652each specific program component.
653     (d)  Establish the information and specific data elements
654required for the quality assurance program.
655     (e)  Develop a quality assurance manual of specific,
656standardized terminology and procedures to be followed by each
657program.
658     (f)  Evaluate each program operated by the department or a
659provider under a contract with the department and establish
660minimum thresholds for each program component. If a provider
661fails to meet the established minimum thresholds, such failure
662shall cause the department to cancel the provider's contract
663unless the provider achieves compliance with minimum thresholds
664within 6 months or unless there are documented extenuating
665circumstances. In addition, the department may not contract with
666the same provider for the canceled service for a period of 12
667months. If a department-operated program fails to meet the
668established minimum thresholds, the department must take
669necessary and sufficient steps to ensure and document program
670changes to achieve compliance with the established minimum
671thresholds. If the department-operated program fails to achieve
672compliance with the established minimum thresholds within 6
673months and if there are no documented extenuating circumstances,
674the department must notify the Executive Office of the Governor
675and the Legislature of the corrective action taken. Appropriate
676corrective action may include, but is not limited to:
677     1.  Contracting out for the services provided in the
678program;
679     2.  Initiating appropriate disciplinary action against all
680employees whose conduct or performance is deemed to have
681materially contributed to the program's failure to meet
682established minimum thresholds;
683     3.  Redesigning the program; or
684     4.  Realigning the program.
685
686The department shall submit an annual report to the President of
687the Senate, the Speaker of the House of Representatives, the
688Minority Leader of each house of the Legislature, the
689appropriate substantive and fiscal committees of each house of
690the Legislature, and the Governor, no later than February 1 of
691each year. The annual report must contain, at a minimum, for
692each specific program component: a comprehensive description of
693the population served by the program; a specific description of
694the services provided by the program; cost; a comparison of
695expenditures to federal and state funding; immediate and long-
696range concerns; and recommendations to maintain, expand,
697improve, modify, or eliminate each program component so that
698changes in services lead to enhancement in program quality. The
699department shall ensure the reliability and validity of the
700information contained in the report.
701     (6)  The department shall collect and analyze available
702statistical data for the purpose of ongoing evaluation of all
703programs. The department shall provide the Legislature with
704necessary information and reports to enable the Legislature to
705make informed decisions regarding the effectiveness of, and any
706needed changes in, services, programs, policies, and laws.
707     (7)  No later than November 1, 2001, the department shall
708submit a proposal to the Legislature concerning funding
709incentives and disincentives for the department and for
710providers under contract with the department. The
711recommendations for funding incentives and disincentives shall
712be based upon both quality assurance performance and cost-
713effectiveness performance. The proposal should strive to achieve
714consistency in incentives and disincentives for both department-
715operated and contractor-provided programs. The department may
716include recommendations for the use of liquidated damages in the
717proposal; however, the department is not presently authorized to
718contract for liquidated damages in non-hardware-secure
719facilities until January 1, 2002.
720     Section 14.  Subsection (8) of section 985.664, Florida
721Statutes, is amended to read:
722     985.664  Juvenile justice circuit boards and juvenile
723justice county councils.-
724     (8)  At any time after the adoption of initial bylaws
725pursuant to subsection (12), a juvenile justice circuit board
726may revise the bylaws to increase the number of members by not
727more than five three in order to adequately reflect the
728diversity of the population and community organizations or
729agencies in the circuit.
730     Section 15.  The Legislature finds that a court is in the
731best position to weigh all facts and circumstances to determine
732whether to commit a juvenile before it to the Department of
733Juvenile Justice and to determine the most appropriate
734restrictiveness level when such a juvenile is committed to the
735department.
736     Section 16.  This act shall take effect upon becoming a
737law.


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

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