Florida Senate - 2010                             CS for SB 1864
       
       
       
       By the Committee on Criminal Justice; and Senator Baker
       
       
       
       
       591-04781-10                                          20101864c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.66, F.S.; eliminating the Juvenile Justice
    4         Standards and Training Commission; providing that the
    5         Department of Juvenile Justice rather than the
    6         commission is responsible for department program staff
    7         development and training; detailing the minimum
    8         qualifications for department program staff of the
    9         department and contract providers who deliver direct
   10         care services to children; defining the term
   11         “department program staff”; amending s. 985.48, F.S.;
   12         conforming a provision to the termination of the
   13         Juvenile Justice Standards and Training Commission;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 985.66, Florida Statutes, is amended to
   19  read:
   20         985.66 Juvenile justice training academies; staff
   21  development and training Juvenile Justice Standards and Training
   22  Commission; Juvenile Justice Training Trust Fund.—
   23         (1) LEGISLATIVE PURPOSE.—In order to enable the state to
   24  provide a systematic approach to staff development and training
   25  for judges, state attorneys, public defenders, law enforcement
   26  officers, school district personnel, and department juvenile
   27  justice program staff that will meet the needs of such persons
   28  in their discharge of duties while at the same time meeting the
   29  requirements for the American Correction Association
   30  accreditation by the Commission on Accreditation for
   31  Corrections, it is the purpose of the Legislature to require the
   32  department to establish, maintain, and oversee the operation of
   33  juvenile justice training academies in the state. The purpose of
   34  the Legislature in establishing staff development and training
   35  programs is to foster better staff morale and reduce
   36  mistreatment and aggressive and abusive behavior in delinquency
   37  programs; to positively impact the recidivism of children in the
   38  juvenile justice system; and to afford greater protection of the
   39  public through an improved level of services delivered by a
   40  professionally trained department juvenile justice program staff
   41  to children who are alleged to be or who have been found to be
   42  delinquent.
   43         (2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
   44  STANDARDS AND TRAINING COMMISSION.—
   45         (a)There is created under the Department of Juvenile
   46  Justice the Juvenile Justice Standards and Training Commission,
   47  hereinafter referred to as the commission. The 17-member
   48  commission shall consist of the Attorney General or designee,
   49  the Commissioner of Education or designee, a member of the
   50  juvenile court judiciary to be appointed by the Chief Justice of
   51  the Supreme Court, and 14 members to be appointed by the
   52  Secretary of Juvenile Justice as follows:
   53         1.Seven members shall be juvenile justice professionals: a
   54  superintendent or a direct care staff member from an
   55  institution; a director from a contracted community-based
   56  program; a superintendent and a direct care staff member from a
   57  regional detention center or facility; a juvenile probation
   58  officer supervisor and a juvenile probation officer; and a
   59  director of a day treatment or conditional release program. No
   60  fewer than three of these members shall be contract providers.
   61         2.Two members shall be representatives of local law
   62  enforcement agencies.
   63         3.One member shall be an educator from the state’s
   64  university and community college program of criminology,
   65  criminal justice administration, social work, psychology,
   66  sociology, or other field of study pertinent to the training of
   67  juvenile justice program staff.
   68         4.One member shall be a member of the public.
   69         5.One member shall be a state attorney, or assistant state
   70  attorney, who has juvenile court experience.
   71         6.One member shall be a public defender, or assistant
   72  public defender, who has juvenile court experience.
   73         7.One member shall be a representative of the business
   74  community.
   75  
   76  All appointed members shall be appointed to serve terms of 2
   77  years.
   78         (b)The composition of the commission shall be broadly
   79  reflective of the public and shall include minorities and women.
   80  The term “minorities” as used in this paragraph means a member
   81  of a socially or economically disadvantaged group that includes
   82  blacks, Hispanics, and American Indians.
   83         (c)The Department of Juvenile Justice shall provide the
   84  commission with staff necessary to assist the commission in the
   85  performance of its duties.
   86         (d)The commission shall annually elect its chairperson and
   87  other officers. The commission shall hold at least four regular
   88  meetings each year at the call of the chairperson or upon the
   89  written request of three members of the commission. A majority
   90  of the members of the commission constitutes a quorum. Members
   91  of the commission shall serve without compensation but are
   92  entitled to be reimbursed for per diem and travel expenses as
   93  provided by s. 112.061 and these expenses shall be paid from the
   94  Juvenile Justice Training Trust Fund.
   95         (e) The department powers, duties, and functions of the
   96  commission shall be to:
   97         (a)1. Designate the location of the training academies;
   98  develop, implement, maintain, and update the curriculum to be
   99  used in the training of department juvenile justice program
  100  staff; establish timeframes for participation in and completion
  101  of training by department juvenile justice program staff;
  102  develop, implement, maintain, and update job-related
  103  examinations; develop, implement, and update the types and
  104  frequencies of evaluations of the training academies; approve,
  105  modify, or disapprove the budget for the training academies, and
  106  the contractor to be selected to organize and operate the
  107  training academies and to provide the training curriculum.
  108         (b)2. Establish uniform minimum job-related training
  109  courses and examinations for department juvenile justice program
  110  staff.
  111         (c)3. Consult and cooperate with the state or any political
  112  subdivision; any private entity or contractor; and with private
  113  and public universities, colleges, community colleges, and other
  114  educational institutions concerning the development of juvenile
  115  justice training and programs or courses of instruction,
  116  including, but not limited to, education and training in the
  117  areas of juvenile justice.
  118         (d)4.Enter into With the approval of the department, make
  119  and enter into such contracts and agreements with other
  120  agencies, organizations, associations, corporations,
  121  individuals, or federal agencies as the commission determines
  122  are necessary in the execution of the its powers of the
  123  department or the performance of its duties.
  124         5.Make recommendations to the Department of Juvenile
  125  Justice concerning any matter within the purview of this
  126  section.
  127         (3) JUVENILE JUSTICE TRAINING PROGRAM.—The department
  128  commission shall establish a certifiable program for juvenile
  129  justice training pursuant to this section, and all department
  130  program staff and providers who deliver direct care services
  131  pursuant to contract with the department shall be required to
  132  participate in and successfully complete the department-approved
  133  commission-approved program of training pertinent to their areas
  134  of responsibility. Judges, state attorneys, and public
  135  defenders, law enforcement officers, and school district
  136  personnel may participate in such training program. For the
  137  department juvenile justice program staff, the department
  138  commission shall, based on a job-task analysis:
  139         (a) Design, implement, maintain, evaluate, and revise a
  140  basic training program, including a competency-based
  141  examination, for the purpose of providing minimum employment
  142  training qualifications for all department program staff
  143  juvenile justice personnel. All program staff of the department
  144  and providers who deliver direct-care services who are hired
  145  after October 1, 1999, must meet the following minimum
  146  requirements:
  147         1. Be at least 19 years of age.
  148         2. Be a high school graduate or its equivalent as
  149  determined by the department commission.
  150         3. Not have been convicted of any felony or a misdemeanor
  151  involving perjury or a false statement, or have received a
  152  dishonorable discharge from any of the Armed Forces of the
  153  United States. Any person who, after September 30, 1999, pleads
  154  guilty or nolo contendere to or is found guilty of any felony or
  155  a misdemeanor involving perjury or false statement is not
  156  eligible for employment, notwithstanding suspension of sentence
  157  or withholding of adjudication. Notwithstanding this
  158  subparagraph, any person who pled nolo contendere to a
  159  misdemeanor involving a false statement before October 1, 1999,
  160  and who has had such record of that plea sealed or expunged is
  161  not ineligible for employment for that reason.
  162         4. Abide by all the provisions of s. 985.644(1) regarding
  163  fingerprinting and background investigations and other screening
  164  requirements for personnel.
  165         5. Execute and submit to the department an affidavit-of
  166  application form, adopted by the department, attesting to his or
  167  her compliance with subparagraphs 1.-4. The affidavit must be
  168  executed under oath and constitutes an official statement under
  169  s. 837.06. The affidavit must include conspicuous language that
  170  the intentional false execution of the affidavit constitutes a
  171  misdemeanor of the second degree. The employing agency shall
  172  retain the affidavit.
  173         (b) Design, implement, maintain, evaluate, and revise an
  174  advanced training program, including a competency-based
  175  examination for each training course, which is intended to
  176  enhance knowledge, skills, and abilities related to job
  177  performance.
  178         (c) Design, implement, maintain, evaluate, and revise a
  179  career development training program, including a competency
  180  based examination for each training course. Career development
  181  courses are intended to prepare personnel for promotion.
  182         (d) The department commission is encouraged to design,
  183  implement, maintain, evaluate, and revise juvenile justice
  184  training courses, or to enter into contracts for such training
  185  courses, that are intended to provide for the safety and well
  186  being of both citizens and juvenile offenders.
  187         (4) JUVENILE JUSTICE TRAINING TRUST FUND.—
  188         (a) There is created within the State Treasury a Juvenile
  189  Justice Training Trust Fund to be used by the department of
  190  Juvenile Justice for the purpose of funding the development and
  191  updating of a job-task analysis of department program staff
  192  juvenile justice personnel; the development, implementation, and
  193  updating of job-related training courses and examinations; and
  194  the cost of commission-approved juvenile justice training
  195  courses; and reimbursement for expenses as provided in s.
  196  112.061 for members of the commission and staff.
  197         (b) One dollar from every noncriminal traffic infraction
  198  collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
  199  deposited into the Juvenile Justice Training Trust Fund.
  200         (c) In addition to the funds generated by paragraph (b),
  201  the trust fund may receive funds from any other public or
  202  private source.
  203         (d) Funds that are not expended by the end of the budget
  204  cycle or through a supplemental budget approved by the
  205  department shall revert to the trust fund.
  206         (5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.
  207  The number, location, and establishment of juvenile justice
  208  training academies shall be determined by the department
  209  commission.
  210         (6) SCHOLARSHIPS AND STIPENDS.—
  211         (a) By rule, the department commission shall establish
  212  criteria to award scholarships or stipends to qualified
  213  department program staff juvenile justice personnel who are
  214  residents of the state who want to pursue a bachelor’s or
  215  associate in arts degree in juvenile justice or a related field.
  216  The department shall handle the administration of the
  217  scholarship or stipend. The Department of Education shall handle
  218  the notes issued for the payment of the scholarships or
  219  stipends. All scholarship and stipend awards shall be paid from
  220  the Juvenile Justice Training Trust Fund upon vouchers approved
  221  by the Department of Education and properly certified by the
  222  Chief Financial Officer. Prior to the award of a scholarship or
  223  stipend, the department program staff juvenile justice employee
  224  must agree in writing to practice her or his profession in
  225  juvenile justice or a related field for 1 month for each month
  226  of grant or to repay the full amount of the scholarship or
  227  stipend together with interest at the rate of 5 percent per
  228  annum over a period not to exceed 10 years. Repayment shall be
  229  made payable to the state for deposit into the Juvenile Justice
  230  Training Trust Fund.
  231         (b) The department commission may establish the scholarship
  232  program by rule and implement the program on or after July 1,
  233  1996.
  234         (7) ADOPTION OF RULES.—The department commission shall
  235  adopt rules as necessary to administer carry out the provisions
  236  of this section.
  237         (8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
  238  MANAGEMENT TRUST FUND.—Pursuant to s. 284.30, the Division of
  239  Risk Management of the Department of Financial Services is
  240  authorized to insure a private agency, individual, or
  241  corporation operating a state-owned training school under a
  242  contract to carry out the purposes and responsibilities of any
  243  program of the department. The coverage authorized herein shall
  244  be under the same general terms and conditions as the department
  245  is insured for its responsibilities under chapter 284.
  246         (9) DEPARTMENT PROGRAM STAFF DEFINED.—As used in this
  247  section, the term “department program staff” means supervisory
  248  and direct care staff of a delinquency program as well as
  249  support staff who have direct contact with children in a
  250  delinquency program that is owned and operated by the department
  251  The Juvenile Justice Standards and Training Commission is
  252  terminated on June 30, 2001, and such termination shall be
  253  reviewed by the Legislature prior to that date.
  254         Section 2. Subsection (8) of section 985.48, Florida
  255  Statutes, is amended to read:
  256         985.48 Juvenile sexual offender commitment programs; sexual
  257  abuse intervention networks.—
  258         (8) The department Juvenile Justice Standards and Training
  259  Commission shall establish criteria for training all contract
  260  and department staff or provide a special training program for
  261  contract and department staff to effectively manage and provide
  262  services and treatment to a juvenile sexual offender in a
  263  juvenile sexual offender program.
  264         Section 3. This act shall take effect July 1, 2010.


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