June 03, 2020
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_h7181c1
CS/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; providing that youth who are taken
25into custody for first-time misdemeanor offenses or
26offenders who are 9 years of age or younger should have an
27opportunity to participate in such programs; amending s.
28985.145, F.S.; requiring a juvenile probation officer to
29refer a child to the appropriate shelter if the completed
30risk assessment instrument shows that the child is
31ineligible for secure detention; amending s. 985.24, F.S.;
32prohibiting a child alleged to have committed a delinquent
33act or violation of law from being placed into secure,
34nonsecure, or home detention care because of a misdemeanor
35charge of domestic violence if the child lives in a family
36that has a history of domestic violence or if the child is
37a victim of abuse or neglect; prohibiting a child 9 years
38of age or younger from being placed into secure detention
39care unless the child is charged with a capital felony,
40life felony, or felony of the first degree; amending s.
41985.245, F.S.; revising membership on the statewide risk
42assessment instrument committee; amending s. 985.255,
43F.S.; providing that a child may be retained in home
44detention care under certain circumstances; providing that
45a child who is charged with committing a felony offense of
46domestic violence and who does not meet detention criteria
47may nevertheless be held in secure detention if the court
48makes certain specific written findings; amending s.
49985.441, F.S.; providing that a court may commit a female
50child adjudicated as delinquent to the department for
51placement in a mother-infant program designed to serve the
52needs of the juvenile mothers or expectant juvenile
53mothers who are committed as delinquents; requiring the
54department to adopt rules to govern the operation of the
55mother-infant program; amending s. 985.45, F.S.;
56specifying that a child working under certain
57circumstances is a state employee for workers'
58compensation purposes; amending s. 985.632, F.S.; revising
59provisions relating to quality assurance and cost-
60effectiveness of department programs; amending s. 985.664,
61F.S.; increasing the number of members by which a juvenile
62justice circuit board may be increased to reflect the
63diversity of the population and community organizations or
64agencies in the circuit; providing legislative findings
65concerning the determination of whether to commit a
66juvenile to the Department of Juvenile Justice and to
67determine the most appropriate restrictiveness level for
68such a juvenile; providing an effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Paragraph (i) is added to subsection (4) of
73section 394.492, Florida Statutes, to read:
74     394.492  Definitions.-As used in ss. 394.490-394.497, the
75term:
76     (4)  "Child or adolescent at risk of emotional disturbance"
77means a person under 18 years of age who has an increased
78likelihood of becoming emotionally disturbed because of risk
79factors that include, but are not limited to:
80     (i)  Being 9 years of age or younger at the time of
81referral for a delinquent act.
82     Section 2.  Subsections (9) and (25) of section 984.03,
83Florida Statutes, are amended to read:
84     984.03  Definitions.-When used in this chapter, the term:
85     (9)  "Child in need of services" means a child for whom
86there is no pending investigation into an allegation or
87suspicion of abuse, neglect, or abandonment; no pending referral
88alleging the child is delinquent, except when a child 9 years of
89age or younger is being referred to the department; or no
90current supervision by the department of Juvenile Justice or the
91Department of Children and Family Services for an adjudication
92of dependency or delinquency. The child must also, pursuant to
93this chapter, be found by the court:
94     (a)  To have persistently run away from the child's parents
95or legal custodians despite reasonable efforts of the child, the
96parents or legal custodians, and appropriate agencies to remedy
97the conditions contributing to the behavior. Reasonable efforts
98shall include voluntary participation by the child's parents or
99legal custodians and the child in family mediation, services,
100and treatment offered by the department of Juvenile Justice or
101the Department of Children and Family Services;
102     (b)  To be habitually truant from school, while subject to
103compulsory school attendance, despite reasonable efforts to
104remedy the situation pursuant to ss. 1003.26 and 1003.27 and
105through voluntary participation by the child's parents or legal
106custodians and by the child in family mediation, services, and
107treatment offered by the department of Juvenile Justice or the
108Department of Children and Family Services; or
109     (c)  To have persistently disobeyed the reasonable and
110lawful demands of the child's parents or legal custodians, and
111to be beyond their control despite efforts by the child's
112parents or legal custodians and appropriate agencies to remedy
113the conditions contributing to the behavior. Reasonable efforts
114may include such things as good faith participation in family or
115individual counseling; or
116     (d)  To be 9 years of age or younger and have been referred
117to the department for a delinquent act.
118     (25)  "Family in need of services" means a family that has
119a child who is running away; who is persistently disobeying
120reasonable and lawful demands of the parent or legal custodian
121and is beyond the control of the parent or legal custodian; or
122who is habitually truant from school or engaging in other
123serious behaviors that place the child at risk of future abuse,
124neglect, or abandonment or at risk of entering the juvenile
125justice system; or who is 9 years of age or younger and being
126referred to the department for a delinquent act. The child must
127be referred to a law enforcement agency, the department of
128Juvenile Justice, or an agency contracted to provide services to
129children in need of services. A family is not eligible to
130receive services if, at the time of the referral, there is an
131open investigation into an allegation of abuse, neglect, or
132abandonment or if the child is currently under supervision by
133the department of Juvenile Justice or the Department of Children
134and Family Services due to an adjudication of dependency or
135delinquency.
136     Section 3.  Subsection (1) of section 984.14, Florida
137Statutes, is amended to read:
138     984.14  Shelter placement; hearing.-
139     (1)  Unless ordered by the court pursuant to the provisions
140of this chapter, or upon voluntary consent to placement by the
141child and the child's parent, legal guardian, or custodian, a
142child taken into custody shall not be placed in a shelter prior
143to a court hearing unless the child is taken into custody for a
144misdemeanor domestic violence charge and is ineligible to be
145held in secure detention or a determination has been made that
146the provision of appropriate and available services will not
147eliminate the need for placement and that such placement is
148required:
149     (a)  To provide an opportunity for the child and family to
150agree upon conditions for the child's return home, when
151immediate placement in the home would result in a substantial
152likelihood that the child and family would not reach an
153agreement; or
154     (b)  Because a parent, custodian, or guardian is
155unavailable to take immediate custody of the child.
156     Section 4.  Subsections (9) and (10) are added to section
157985.02, Florida Statutes, to read:
158     985.02  Legislative intent for the juvenile justice
159system.-
160     (9)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
161finds that very young children need age-appropriate services in
162order to prevent and reduce future acts of delinquency. Children
163who are 9 years of age or younger should be diverted into
164prearrest or postarrest programs, civil citation programs, or
165children-in-need-of-services and families-in-need-of-services
166programs, or other programs as appropriate. If, upon findings
167from the needs assessment, the child is found to be in need of
168mental health services or substance abuse treatment services,
169the department shall cooperate with the parent or legal guardian
170and the Department of Children and Family Services, as
171appropriate, to identify the most appropriate services and
172supports and available funding sources to meet the needs of the
173child.
174     (10)  RESTORATIVE JUSTICE.-
175     (a)  It is the intent of the Legislature that the juvenile
176justice system advance the principles of restorative justice.
177The department should focus on repairing the harm to victims of
178delinquent behavior by ensuring that the child understands the
179impact of his or her delinquent behavior on the victim and the
180community and that the child restore the losses of his or her
181victim.
182     (b)  Offender accountability is one of the basic principles
183of restorative justice. The premise of this principle is that
184the juvenile justice system must respond to delinquent behavior
185in such a way that the offender is made aware of and takes
186responsibility for repaying or restoring loss, damage, or injury
187perpetrated upon the victim and the community. This goal is
188achieved when the offender understands the consequences of
189delinquent behavior in terms of harm to others and when the
190offender makes amends for the harm, loss, or damage through
191restitution, community service, or other appropriate repayment.
192     Section 5.  Subsections (7) and (23) of section 985.03,
193Florida Statutes, are amended to read:
194     985.03  Definitions.-As used in this chapter, the term:
195     (7)  "Child in need of services" means a child for whom
196there is no pending investigation into an allegation or
197suspicion of abuse, neglect, or abandonment; no pending referral
198alleging the child is delinquent, except when a child 9 years of
199age or younger is being referred to the department; or no
200current supervision by the department or the Department of
201Children and Family Services for an adjudication of dependency
202or delinquency. The child must also, under this chapter, be
203found by the court:
204     (a)  To have persistently run away from the child's parents
205or legal custodians despite reasonable efforts of the child, the
206parents or legal custodians, and appropriate agencies to remedy
207the conditions contributing to the behavior. Reasonable efforts
208shall include voluntary participation by the child's parents or
209legal custodians and the child in family mediation, services,
210and treatment offered by the department or the Department of
211Children and Family Services;
212     (b)  To be habitually truant from school, while subject to
213compulsory school attendance, despite reasonable efforts to
214remedy the situation under ss. 1003.26 and 1003.27 and through
215voluntary participation by the child's parents or legal
216custodians and by the child in family mediation, services, and
217treatment offered by the department of Juvenile Justice or the
218Department of Children and Family Services; or
219     (c)  To have persistently disobeyed the reasonable and
220lawful demands of the child's parents or legal custodians, and
221to be beyond their control despite efforts by the child's
222parents or legal custodians and appropriate agencies to remedy
223the conditions contributing to the behavior. Reasonable efforts
224may include such things as good faith participation in family or
225individual counseling; or
226     (d)  To be 9 years of age or younger and have been referred
227to the department for a delinquent act.
228     (23)  "Family in need of services" means a family that has
229a child for whom there is no pending investigation into an
230allegation of abuse, neglect, or abandonment or no current
231supervision by the department or the Department of Children and
232Family Services for an adjudication of dependency or
233delinquency. The child must also have been referred to a law
234enforcement agency or the department for:
235     (a)  Running away from parents or legal custodians;
236     (b)  Persistently disobeying reasonable and lawful demands
237of parents or legal custodians, and being beyond their control;
238or
239     (c)  Habitual truancy from school; or
240     (d)  Being a child 9 years of age or younger and being
241referred for a delinquent act.
242     Section 6.  Subsection (1) of section 985.125, Florida
243Statutes, is amended to read:
244     985.125  Prearrest or postarrest diversion programs.-
245     (1)  A law enforcement agency, or school district, county,
246municipality, or the department, in cooperation with the state
247attorney, is encouraged to may establish a prearrest or
248postarrest diversion program. Youth who are taken into custody
249for first-time misdemeanor offenses or offenders who are 9 years
250of age or younger should be given an opportunity to participate
251in a prearrest or postarrest diversion program.
252     Section 7.  Paragraph (d) of subsection (1) of section
253985.145, Florida Statutes, is amended to read:
254     985.145  Responsibilities of juvenile probation officer
255during intake; screenings and assessments.-
256     (1)  The juvenile probation officer shall serve as the
257primary case manager for the purpose of managing, coordinating,
258and monitoring the services provided to the child. Each program
259administrator within the Department of Children and Family
260Services shall cooperate with the primary case manager in
261carrying out the duties and responsibilities described in this
262section. In addition to duties specified in other sections and
263through departmental rules, the assigned juvenile probation
264officer shall be responsible for the following:
265     (d)  Completing risk assessment instrument.-The juvenile
266probation officer shall ensure that a risk assessment instrument
267establishing the child's eligibility for detention has been
268accurately completed and that the appropriate recommendation was
269made to the court. If upon completion of the risk assessment
270instrument the child is ineligible for secure detention based on
271the criteria in s. 985.24(2)(e), the juvenile probation officer
272shall make a referral to the appropriate shelter for a child in
273need of services or a family in need of services.
274     Section 8.  Section 985.24, Florida Statutes, is amended to
275read:
276     985.24  Use of detention; prohibitions.-
277     (1)  All determinations and court orders regarding the use
278of secure, nonsecure, or home detention shall be based primarily
279upon findings that the child:
280     (a)  Presents a substantial risk of not appearing at a
281subsequent hearing;
282     (b)  Presents a substantial risk of inflicting bodily harm
283on others as evidenced by recent behavior;
284     (c)  Presents a history of committing a property offense
285prior to adjudication, disposition, or placement;
286     (d)  Has committed contempt of court by:
287     1.  Intentionally disrupting the administration of the
288court;
289     2.  Intentionally disobeying a court order; or
290     3.  Engaging in a punishable act or speech in the court's
291presence which shows disrespect for the authority and dignity of
292the court; or
293     (e)  Requests protection from imminent bodily harm.
294     (2)  A child alleged to have committed a delinquent act or
295violation of law may not be placed into secure, nonsecure, or
296home detention care for any of the following reasons:
297     (a)  To allow a parent to avoid his or her legal
298responsibility.
299     (b)  To permit more convenient administrative access to the
300child.
301     (c)  To facilitate further interrogation or investigation.
302     (d)  Due to a lack of more appropriate facilities.
303     (e)  Due to a misdemeanor charge of domestic violence when
304the child lives in a family with a history of domestic violence
305as defined in s. 741.28 or is a victim of abuse or neglect as
306defined in s. 39.01, and the decision to place the child in
307secure detention is mitigated by the history of trauma faced by
308the child, unless the child would otherwise be subject to secure
309detention based on prior history.
310     (3)  A child alleged to be dependent under chapter 39 may
311not, under any circumstances, be placed into secure detention
312care.
313     (4)  A child 9 years of age or younger may not be placed in
314secure detention care unless the child is charged with a capital
315felony, life felony, or felony of the first degree.
316     (5)(4)  The department shall continue to identify
317alternatives to secure detention care and shall develop such
318alternatives and annually submit them to the Legislature for
319authorization and appropriation.
320     Section 9.  Subsection (2) of section 985.245, Florida
321Statutes, is amended to read:
322     985.245  Risk assessment instrument.-
323     (2)(a)  The risk assessment instrument for detention care
324placement determinations and court orders shall be developed by
325the department in agreement with a committee composed of two
326representatives appointed by the following associations: the
327Conference of Circuit Judges of Florida, the Prosecuting
328Attorneys Association, the Public Defenders Association, the
329Florida Sheriffs Association, and the Florida Association of
330Chiefs of Police. Each association shall appoint two
331individuals, one representing an urban area and one representing
332a rural area. In addition, the committee shall include two
333representatives from child advocacy organizations appointed by
334the secretary of the department. The parties involved shall
335evaluate and revise the risk assessment instrument as is
336considered necessary using the method for revision as agreed by
337the parties.
338     (b)  The risk assessment instrument shall take into
339consideration, but need not be limited to, prior history of
340failure to appear, prior offenses, offenses committed pending
341adjudication, any unlawful possession of a firearm, theft of a
342motor vehicle or possession of a stolen motor vehicle, and
343probation status at the time the child is taken into custody.
344The risk assessment instrument shall also take into
345consideration appropriate aggravating and mitigating
346circumstances, and shall be designed to target a narrower
347population of children than s. 985.255. The risk assessment
348instrument shall also include any information concerning the
349child's history of abuse and neglect. The risk assessment shall
350indicate whether detention care is warranted, and, if detention
351care is warranted, whether the child should be placed into
352secure, nonsecure, or home detention care.
353     Section 10.  Section 985.255, Florida Statutes, is amended
354to read:
355     985.255  Detention criteria; detention hearing.-
356     (1)  Subject to s. 985.25(1), a child taken into custody
357and placed into nonsecure or home detention care or detained in
358secure detention care prior to a detention hearing may continue
359to be detained by the court if:
360     (a)  The child is alleged to be an escapee from a
361residential commitment program; or an absconder from a
362nonresidential commitment program, a probation program, or
363conditional release supervision; or is alleged to have escaped
364while being lawfully transported to or from a residential
365commitment program.
366     (b)  The child is wanted in another jurisdiction for an
367offense which, if committed by an adult, would be a felony.
368     (c)  The child is charged with a delinquent act or
369violation of law and requests in writing through legal counsel
370to be detained for protection from an imminent physical threat
371to his or her personal safety.
372     (d)  The child is charged with committing a felony an
373offense of domestic violence as defined in s. 741.28 and is
374detained as provided in subsection (2).
375     (e)  The child is charged with possession or discharging a
376firearm on school property in violation of s. 790.115.
377     (f)  The child is charged with a capital felony, a life
378felony, a felony of the first degree, a felony of the second
379degree that does not involve a violation of chapter 893, or a
380felony of the third degree that is also a crime of violence,
381including any such offense involving the use or possession of a
382firearm.
383     (g)  The child is charged with any second degree or third
384degree felony involving a violation of chapter 893 or any third
385degree felony that is not also a crime of violence, and the
386child:
387     1.  Has a record of failure to appear at court hearings
388after being properly notified in accordance with the Rules of
389Juvenile Procedure;
390     2.  Has a record of law violations prior to court hearings;
391     3.  Has already been detained or has been released and is
392awaiting final disposition of the case;
393     4.  Has a record of violent conduct resulting in physical
394injury to others; or
395     5.  Is found to have been in possession of a firearm.
396     (h)  The child is alleged to have violated the conditions
397of the child's probation or conditional release supervision.
398However, a child detained under this paragraph may be held only
399in a consequence unit as provided in s. 985.439. If a
400consequence unit is not available, the child shall be placed on
401home detention with electronic monitoring.
402     (i)  The child is detained on a judicial order for failure
403to appear and has previously willfully failed to appear, after
404proper notice, for an adjudicatory hearing on the same case
405regardless of the results of the risk assessment instrument. A
406child may be held in secure detention for up to 72 hours in
407advance of the next scheduled court hearing pursuant to this
408paragraph. The child's failure to keep the clerk of court and
409defense counsel informed of a current and valid mailing address
410where the child will receive notice to appear at court
411proceedings does not provide an adequate ground for excusal of
412the child's nonappearance at the hearings.
413     (j)  The child is detained on a judicial order for failure
414to appear and has previously willfully failed to appear, after
415proper notice, at two or more court hearings of any nature on
416the same case regardless of the results of the risk assessment
417instrument. A child may be held in secure detention for up to 72
418hours in advance of the next scheduled court hearing pursuant to
419this paragraph. The child's failure to keep the clerk of court
420and defense counsel informed of a current and valid mailing
421address where the child will receive notice to appear at court
422proceedings does not provide an adequate ground for excusal of
423the child's nonappearance at the hearings.
424     (2)  A child who is charged with committing a felony an
425offense of domestic violence as defined in s. 741.28 and who
426does not meet detention criteria may be held in secure detention
427if the court makes specific written findings that:
428     (a)  Respite care for the child is not available.
429     (b)  It is necessary to place the child in secure detention
430in order to protect the victim from injury.
431
432The child may not be held in secure detention under this
433subsection for more than 48 hours unless ordered by the court.
434After 48 hours, the court shall hold a hearing if the state
435attorney or victim requests that secure detention be continued.
436The child may continue to be held in detention care if the court
437makes a specific, written finding that detention care is
438necessary to protect the victim from injury. However, the child
439may not be held in detention care beyond the time limits set
440forth in this section or s. 985.26.
441     (3)(a)  A child who meets any of the criteria in subsection
442(1) and who is ordered to be detained under that subsection
443shall be given a hearing within 24 hours after being taken into
444custody. The purpose of the detention hearing is to determine
445the existence of probable cause that the child has committed the
446delinquent act or violation of law that he or she is charged
447with and the need for continued detention. Unless a child is
448detained under paragraph (1)(d) or paragraph (1)(e), the court
449shall use the results of the risk assessment performed by the
450juvenile probation officer and, based on the criteria in
451subsection (1), shall determine the need for continued
452detention. A child placed into secure, nonsecure, or home
453detention care may continue to be so detained by the court.
454     (b)  If the court orders a placement more restrictive than
455indicated by the results of the risk assessment instrument, the
456court shall state, in writing, clear and convincing reasons for
457such placement.
458     (c)  Except as provided in s. 790.22(8) or in s. 985.27,
459when a child is placed into secure or nonsecure detention care,
460or into a respite home or other placement pursuant to a court
461order following a hearing, the court order must include specific
462instructions that direct the release of the child from such
463placement no later than 5 p.m. on the last day of the detention
464period specified in s. 985.26 or s. 985.27, whichever is
465applicable, unless the requirements of such applicable provision
466have been met or an order of continuance has been granted under
467s. 985.26(4).
468     Section 11.  Paragraph (e) is added to subsection (1) of
469section 985.441, Florida Statutes, to read:
470     985.441  Commitment.-
471     (1)  The court that has jurisdiction of an adjudicated
472delinquent child may, by an order stating the facts upon which a
473determination of a sanction and rehabilitative program was made
474at the disposition hearing:
475     (e)  Commit a female child to the department for placement
476in a mother-infant program designed to serve the needs of the
477juvenile mothers or expectant juvenile mothers who are committed
478as delinquents. The department's mother-infant program shall be
479licensed as a child care facility in accordance with s. 402.308
480and shall provide the services and support necessary to enable
481the committed juvenile mothers to provide for the needs of the
482infants who, upon agreement of the mother, may accompany them in
483the program. The department shall adopt rules pursuant to ss.
484120.536(1) and 120.54 to govern the operation of such program.
485     Section 12.  Subsection (1) of section 985.45, Florida
486Statutes, is amended to read:
487     985.45  Liability and remuneration for work.-
488     (1)  Whenever a child is required by the court to
489participate in any work program under this part or whenever a
490child volunteers to work in a specified state, county,
491municipal, or community service organization supervised work
492program or to work for the victim, either as an alternative to
493monetary restitution or as a part of the rehabilitative or
494probation program, the child is an employee of the state for the
495purposes of chapter 440 liability.
496     Section 13.  Section 985.632, Florida Statutes, is amended
497to read:
498     985.632  Quality assurance and cost-effectiveness.-
499     (1)  INTENT.-It is the intent of the Legislature that the
500department:
501     (a)  Ensure that information be provided to decisionmakers
502in a timely manner so that resources are allocated to programs
503that of the department which achieve desired performance levels.
504     (b)  Collect and analyze available statistical data for the
505purpose of ongoing evaluation of all programs.
506     (c)  Evaluate programs, whether operated by the department
507or by a provider under contract with the department, in the same
508manner and using the same standards, and take comparable actions
509as a result of such evaluations.
510     (d)(b)  Provide information about the cost of such programs
511and their differential effectiveness so that program the quality
512of such programs can be compared and improvements made
513continually.
514     (e)(c)  Provide information to aid in developing related
515policy issues and concerns.
516     (f)(d)  Provide information to the public about the
517effectiveness of such programs in meeting established goals and
518objectives.
519     (g)(e)  Provide a basis for a system of accountability so
520that each youth client is afforded the best programs to meet his
521or her needs.
522     (h)(f)  Improve service delivery to youth clients.
523     (i)(g)  Modify or eliminate activities that are not
524effective.
525     (2)  DEFINITIONS.-As used in this section, the term:
526     (a)  "Program" means any facility, service, or program for
527youth that is operated by the department or by a provider under
528contract with the department.
529     (b)  "Program component" means an aggregation of generally
530related objectives which, because of their special character,
531related workload, and interrelated output, can logically be
532considered an entity for purposes of organization, management,
533accounting, reporting, and budgeting.
534     (c)  "Program effectiveness" means the ability of the
535program to achieve desired client outcomes, goals, and
536objectives.
537     (c)  "Program group" means a collection of programs with
538sufficient similarity of functions, services, and youth to
539permit appropriate comparison among programs within the group.
540     (d)(a)  "Youth" "Client" means any person who is being
541provided treatment or services by the department or by a
542provider under contract with the department.
543     (3)  COMPREHENSIVE ACCOUNTABILITY REPORT.-The department
544shall use a standard methodology for annually measuring,
545evaluating, and reporting program outputs and youth outcomes for
546each program and program group. The department shall submit a
547report to the appropriate substantive and fiscal committees of
548the Legislature and the Governor no later than January 15 of
549each year. The department shall notify the Office of Program
550Policy Analysis and Government Accountability and contract
551service providers of substantive changes to the methodology. The
552standard methodology must:
553     (a)  Incorporate, whenever possible, performance-based
554budgeting measures.
555     (b)  Include common terminology and operational definitions
556for measuring the performance of system and program
557administration, program outputs, and youth outcomes.
558     (c)  Specify program outputs for each program and for each
559program group within the juvenile justice continuum.
560     (d)  Specify desired youth outcomes and methods by which to
561measure youth outcomes for each program and program group.
562     (3)  The department shall annually collect and report cost
563data for every program operated or contracted by the department.
564The cost data shall conform to a format approved by the
565department and the Legislature. Uniform cost data shall be
566reported and collected for state-operated and contracted
567programs so that comparisons can be made among programs. The
568department shall ensure that there is accurate cost accounting
569for state-operated services including market-equivalent rent and
570other shared cost. The cost of the educational program provided
571to a residential facility shall be reported and included in the
572cost of a program. The department shall submit an annual cost
573report to the President of the Senate, the Speaker of the House
574of Representatives, the Minority Leader of each house of the
575Legislature, the appropriate substantive and fiscal committees
576of each house of the Legislature, and the Governor, no later
577than December 1 of each year. Cost-benefit analysis for
578educational programs will be developed and implemented in
579collaboration with and in cooperation with the Department of
580Education, local providers, and local school districts. Cost
581data for the report shall include data collected by the
582Department of Education for the purposes of preparing the annual
583report required by s. 1003.52(19).
584     (4)(a)  COST-EFFECTIVENESS MODEL.-The department of
585Juvenile Justice, in consultation with the Office of Economic
586and Demographic Research, and contract service providers, shall
587develop a cost-effectiveness model and apply the cost-
588effectiveness model to each commitment program and include the
589results in the Comprehensive Accountability Report.
590recidivism rates shall be a component of the model.
591     (a)  The cost-effectiveness model shall compare program
592costs to expected and actual youth recidivism rates client
593outcomes and program outputs. It is the intent of the
594Legislature that continual development efforts take place to
595improve the validity and reliability of the cost-effectiveness
596model and to integrate the standard methodology developed under
597s. 985.401(4) for interpreting program outcome evaluations.
598     (b)  The department shall rank commitment programs based on
599the cost-effectiveness model and shall submit a report to the
600appropriate substantive and fiscal committees of each house of
601the Legislature by December 31 of each year.
602     (b)(c)  Based on reports of the department on client
603outcomes and program outputs and on the department's most recent
604cost-effectiveness rankings, the department may terminate a
605commitment program operated by the department or a provider if
606the program has failed to achieve a minimum threshold of cost-
607effectiveness program effectiveness. This paragraph does not
608preclude the department from terminating a contract as provided
609under this section or as otherwise provided by law or contract,
610and does not limit the department's authority to enter into or
611terminate a contract.
612     (c)(d)  The department shall notify the Office of Program
613Policy Analysis and Government Accountability and contract
614service providers of substantive changes to the cost-
615effectiveness model In collaboration with the Office of Economic
616and Demographic Research, and contract service providers, the
617department shall develop a work plan to refine the cost-
618effectiveness model so that the model is consistent with the
619performance-based program budgeting measures approved by the
620Legislature to the extent the department deems appropriate. The
621department shall notify the Office of Program Policy Analysis
622and Government Accountability of any meetings to refine the
623model.
624     (d)(e)  Contingent upon specific appropriation, the
625department, in consultation with the Office of Economic and
626Demographic Research, and contract service providers, shall:
627     1.  Construct a profile of each commitment program that
628uses the results of the quality assurance report required by
629this section, the cost-effectiveness report required in this
630subsection, and other reports available to the department.
631     2.  Target, for a more comprehensive evaluation, any
632commitment program that has achieved consistently high, low, or
633disparate ratings in the reports required under subparagraph 1.
634     3.  Identify the essential factors that contribute to the
635high, low, or disparate program ratings.
636     4.  Use the results of these evaluations in developing or
637refining juvenile justice programs or program models, youth
638client outcomes and program outputs, provider contracts, quality
639assurance standards, and the cost-effectiveness model.
640     (5)  QUALITY ASSURANCE.-The department shall:
641     (a)  Establish a comprehensive quality assurance system for
642each program operated by the department or operated by a
643provider under contract with the department. Each contract
644entered into by the department must provide for quality
645assurance and include the results in the Comprehensive
646Accountability Report.
647     (b)  Provide operational definitions of and criteria for
648quality assurance for each specific program component.
649     (c)  Establish quality assurance goals and objectives for
650each specific program component.
651     (d)  Establish the information and specific data elements
652required for the quality assurance program.
653     (e)  Develop a quality assurance manual of specific,
654standardized terminology and procedures to be followed by each
655program.
656     (f)  Evaluate each program operated by the department or a
657provider under a contract with the department and establish
658minimum thresholds for each program component. If a provider
659fails to meet the established minimum thresholds, such failure
660shall cause the department to cancel the provider's contract
661unless the provider achieves compliance with minimum thresholds
662within 6 months or unless there are documented extenuating
663circumstances. In addition, the department may not contract with
664the same provider for the canceled service for a period of 12
665months. If a department-operated program fails to meet the
666established minimum thresholds, the department must take
667necessary and sufficient steps to ensure and document program
668changes to achieve compliance with the established minimum
669thresholds. If the department-operated program fails to achieve
670compliance with the established minimum thresholds within 6
671months and if there are no documented extenuating circumstances,
672the department must notify the Executive Office of the Governor
673and the Legislature of the corrective action taken. Appropriate
674corrective action may include, but is not limited to:
675     1.  Contracting out for the services provided in the
676program;
677     2.  Initiating appropriate disciplinary action against all
678employees whose conduct or performance is deemed to have
679materially contributed to the program's failure to meet
680established minimum thresholds;
681     3.  Redesigning the program; or
682     4.  Realigning the program.
683
684The department shall submit an annual report to the President of
685the Senate, the Speaker of the House of Representatives, the
686Minority Leader of each house of the Legislature, the
687appropriate substantive and fiscal committees of each house of
688the Legislature, and the Governor, no later than February 1 of
689each year. The annual report must contain, at a minimum, for
690each specific program component: a comprehensive description of
691the population served by the program; a specific description of
692the services provided by the program; cost; a comparison of
693expenditures to federal and state funding; immediate and long-
694range concerns; and recommendations to maintain, expand,
695improve, modify, or eliminate each program component so that
696changes in services lead to enhancement in program quality. The
697department shall ensure the reliability and validity of the
698information contained in the report.
699     (6)  The department shall collect and analyze available
700statistical data for the purpose of ongoing evaluation of all
701programs. The department shall provide the Legislature with
702necessary information and reports to enable the Legislature to
703make informed decisions regarding the effectiveness of, and any
704needed changes in, services, programs, policies, and laws.
705     (7)  No later than November 1, 2001, the department shall
706submit a proposal to the Legislature concerning funding
707incentives and disincentives for the department and for
708providers under contract with the department. The
709recommendations for funding incentives and disincentives shall
710be based upon both quality assurance performance and cost-
711effectiveness performance. The proposal should strive to achieve
712consistency in incentives and disincentives for both department-
713operated and contractor-provided programs. The department may
714include recommendations for the use of liquidated damages in the
715proposal; however, the department is not presently authorized to
716contract for liquidated damages in non-hardware-secure
717facilities until January 1, 2002.
718     Section 14.  Subsection (8) of section 985.664, Florida
719Statutes, is amended to read:
720     985.664  Juvenile justice circuit boards and juvenile
721justice county councils.-
722     (8)  At any time after the adoption of initial bylaws
723pursuant to subsection (12), a juvenile justice circuit board
724may revise the bylaws to increase the number of members by not
725more than five three in order to adequately reflect the
726diversity of the population and community organizations or
727agencies in the circuit.
728     Section 15.  The Legislature finds that a court is in the
729best position to weigh all facts and circumstances to determine
730whether to commit a juvenile before it to the Department of
731Juvenile Justice and to determine the most appropriate
732restrictiveness level when such a juvenile is committed to the
733department.
734     Section 16.  This act shall take effect upon becoming a
735law.


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