Bill Text: FL S1550 | 2010 | Regular Session | Introduced
Bill Title: Juvenile Justice [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1550 Detail]
Download: Florida-2010-S1550-Introduced.html
Florida Senate - 2010 SB 1550 By Senator Wise 5-00821-10 20101550__ 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 985.35, F.S.; requiring the Department of Juvenile 4 Justice to adopt rules governing the procedures that 5 may be used to restrain a child upon his or her 6 arrival at the courthouse and the length of time a 7 child may be placed in isolation; requiring the 8 department to comply with the Protective Action 9 Response policy whenever mechanical restraints are 10 used; amending s. 985.483, F.S.; conforming a cross 11 reference; amending s. 985.664, F.S.; requiring that a 12 juvenile justice circuit board and a juvenile justice 13 county council be established in each judicial circuit 14 and county, respectively; providing a purpose for each 15 board and council; requiring the Children and Youth 16 Cabinet to monitor the comprehensive plan of each 17 circuit; requiring a circuit board and county council 18 to enter into a written county or circuit interagency 19 agreement specifying the nature and extent of 20 contributions that each signatory agency will make in 21 order to achieve the goals of the county or circuit 22 plan; specifying the parties that must be included in 23 the interagency agreement; providing for the sharing 24 of information useful in carrying out the goals of the 25 interagency agreement; requiring each circuit board to 26 prepare an annual report; requiring the annual 27 legislative budget request to reflect the needs of 28 each board and council; providing for membership on 29 the circuit board; requiring the Secretary of Juvenile 30 Justice to attend quarterly meetings with the 31 chairpersons of the county councils and circuit 32 boards; providing for the content of the meetings; 33 providing for reimbursement for nongovernmental 34 members of circuit boards and county councils; 35 requiring the department to provide legal counsel to 36 advise boards and councils; requiring each circuit 37 board and county council to use due diligence to 38 encourage community participation by using community 39 outreach outlets; amending s. 985.668 F.S.; requiring 40 the department to encourage circuit boards and county 41 councils to propose at least one innovation zone; 42 amending s. 985.676, F.S.; providing that certain 43 specified criteria be used when awarding community 44 juvenile justice partnership grants; allowing the 45 department to extend indefinitely the funding period 46 of a grant under specified circumstances; providing an 47 effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Section 985.35, Florida Statutes, is amended to 52 read: 53 985.35 Adjudicatory hearings; withheld adjudications; 54 orders of adjudication.— 55 (1) The adjudicatory hearing must be held as soon as 56 practicable after the petition alleging that a child has 57 committed a delinquent act or violation of law is filed and in 58 accordance with the Florida Rules of Juvenile Procedure; but 59 reasonable delay for the purpose of investigation, discovery, or 60 procuring counsel or witnesses shall be granted. If the child is 61 being detained, the time limitations in s. 985.26(2) and (3) 62 apply. The department shall adopt rules governing the procedures 63 for restraining a child upon his or her arrival at the 64 courthouse. The rules must describe when a mechanical device may 65 be used and how long a child may be placed in isolation. 66 (2) Adjudicatory hearings mustshallbe conducted without a 67 jury by the court, applying in delinquency cases the rules of 68 evidence in use in criminal cases; adjourning the hearings from 69 time to time as necessary; and conducting a fundamentally fair 70 hearing in language understandable, to the fullest extent 71 practicable, to the child before the court. 72 (a) In a hearing on a petition alleging that a child has 73 committed a delinquent act or violation of law, the evidence 74 must establish the findings beyond a reasonable doubt. 75 (b) The child is entitled to the opportunity to introduce 76 evidence and otherwise be heard in the child’s own behalf and to 77 cross-examine witnesses. 78 (c) A child charged with a delinquent act or violation of 79 law must be afforded all rights against self-incrimination. 80 Evidence illegally seized or obtained may not be received to 81 establish the allegations against the child. 82 (3) The department must comply with the Protective Action 83 Response policy adopted pursuant to s. 985.645(2) whenever 84 mechanical restraints are used. 85 (4)(3)If the court finds that the child named in a 86 petition has not committed a delinquent act or violation of law, 87 it shall enter an order so finding and dismissing the case. 88 (5)(4)If the court finds that the child named in the 89 petition has committed a delinquent act or violation of law, it 90 may, in its discretion, enter an order stating the facts upon 91 which its finding is based but withholding adjudication of 92 delinquency. 93 (a) Upon withholding adjudication of delinquency, the court 94 may place the child in a probation program under the supervision 95 of the department or under the supervision of any other person 96 or agency specifically authorized and appointed by the court. 97 The court may, as a condition of the program, impose as a 98 penalty component restitution in money or in kind, community 99 service, a curfew, urine monitoring, revocation or suspension of 100 the driver’s license of the child, or other nonresidential 101 punishment appropriate to the offense, and may impose as a 102 rehabilitative component a requirement of participation in 103 substance abuse treatment, or school or other educational 104 program attendance. 105 (b) If the child is attending public school and the court 106 finds that the victim or a sibling of the victim in the case was 107 assigned to attend or is eligible to attend the same school as 108 the child, the court order shall include a finding pursuant to 109 the proceedings described in s. 985.455, regardless of whether 110 adjudication is withheld. 111 (c) If the court later finds that the child has not 112 complied with the rules, restrictions, or conditions of the 113 community-based program, the court may, after a hearing to 114 establish the lack of compliance, but without further evidence 115 of the state of delinquency, enter an adjudication of 116 delinquency and shall thereafter have full authority under this 117 chapter to deal with the child as adjudicated. 118 (6)(5)If the court finds that the child named in a 119 petition has committed a delinquent act or violation of law, but 120 elects not to proceed under subsection (5)(4), it shall 121 incorporate that finding in an order of adjudication of 122 delinquency entered in the case, briefly stating the facts upon 123 which the finding is made, and the court shall thereafter have 124 full authority under this chapter to deal with the child as 125 adjudicated. 126 (7)(6)Except as the term “conviction” is used in chapter 127 322, and except for use in a subsequent proceeding under this 128 chapter, an adjudication of delinquency by a court with respect 129 to any child who has committed a delinquent act or violation of 130 law shall not be deemed a conviction; nor shall the child be 131 deemed to have been found guilty or to be a criminal by reason 132 of that adjudication; nor shall that adjudication operate to 133 impose upon the child any of the civil disabilities ordinarily 134 imposed by or resulting from conviction or to disqualify or 135 prejudice the child in any civil service application or 136 appointment, with the exception of the use of records of 137 proceedings under this chapter as provided in s. 985.045(4). 138 (8)(7)Notwithstanding any other provision of law, an 139 adjudication of delinquency for an offense classified as a 140 felony shall disqualify a person from lawfully possessing a 141 firearm until such person reaches 24 years of age. 142 Section 2. Subsection (2) of section 985.483, Florida 143 Statutes, is amended to read: 144 985.483 Intensive residential treatment program for 145 offenders less than 13 years of age.— 146 (2) DETERMINATION.—After a child has been adjudicated 147 delinquent under s. 985.35(6)s.985.35(5), the court shall 148 determine whether the child is eligible for an intensive 149 residential treatment program for offenders less than 13 years 150 of age under subsection (1). If the court determines that the 151 child does not meet the criteria, ss. 985.435, 985.437, 985.439, 152 985.441, 985.445, 985.45, and 985.455 shall apply. 153 Section 3. Section 985.664, Florida Statutes, is amended to 154 read: 155 985.664 Juvenile justice circuit boards and juvenile 156 justice county councils.— 157 (1)There is authorizedA juvenile justice circuit board 158 shalltobe established in each of the 20 judicial circuits and 159 a juvenile justice county council shalltobe established in 160 each of the 67 counties. The purpose of each juvenile justice 161 circuit board and each juvenile justice county council is to 162 provide advice and direction to the department in the 163 development and implementation of juvenile justice programs and 164 to work collaboratively with the department, the Department of 165 Children and Family Services, and the Children and Youth Cabinet 166 in seeking program improvements and policy changes to address 167 the emerging and changing needs of Florida’s youth who are at 168 risk of delinquency and dependency. 169 (2) Each juvenile justice county council shall develop a 170 juvenile justice prevention and early intervention plan for the 171 county and shall collaborate with the circuit board and other 172 county councils assigned to that circuit in the development of a 173 comprehensive plan for the circuit. The Children and Youth 174 Cabinet shall monitor the local plans and design, direct, and 175 monitor a statewide plan, which shall be implemented by and 176 through the boards and councils. A circuit board and county 177 council may design programs and projects necessary to accomplish 178 the comprehensive plan for the circuit. Each county council and 179 circuit board must continually monitor the implementation of the 180 comprehensive plan in order to identify and remedy any 181 situations that may result in minority juveniles coming in 182 disproportionate contact with the juvenile justice system. 183 (3) Juvenile justice circuit boards and county councils 184 shall also participate in facilitating interagency cooperation 185 and information sharing by entering into a written county or 186 circuit interagency agreement specifying the nature and extent 187 of contributions that each signatory agency will make in order 188 to achieve the goals of the county or circuit plan and their 189 commitment to share any information that is useful in carrying 190 out the goals of the interagency agreement. The interagency 191 agreement must include as parties, at a minimum, local school 192 authorities or representatives, local law enforcement agencies, 193 state attorneys, public defenders, and local representatives of 194 the Department of Juvenile Justice and the Department of 195 Children and Family Services. The agreement must specify how 196 community entities will cooperate, collaborate, and share 197 information to achieve the goals of the juvenile justice 198 prevention and early intervention plan or the comprehensive plan 199 of the circuit. Each circuit board shall provide a forum for the 200 presentation of interagency recommendations and the resolution 201 of any disagreements relating to the contents of the county or 202 circuit interagency agreement or the performance by the parties 203 of their respective obligations under the agreement. 204 (4) Juvenile justice circuit boards and county councils may 205 apply for and receive public or private grants to be 206 administered by one of the community partners that support one 207 or more components of the county or circuit plan and to be used 208 as otherwise directed in their bylaws. To aid in this process, 209 the department shall provide fiscal agency services for the 210 circuit boards and county councils. 211 (5) Juvenile justice circuit boards and county councils 212 shall advise and assist the department in the evaluation and 213 award of prevention and early intervention grant programs, 214 including the Community Juvenile Justice Partnership Grant 215 program established in s. 985.676 and proceeds from the Invest 216 in Children license plate annual use fees. 217 (6) Each juvenile justice circuit board shall provide an 218 annual report to the department and the Children and Youth 219 Cabinet describing the activities of the circuit board and each 220 of the county councils contained within its circuit. The acting 221 chairs of the circuit board and of each county council within 222 the circuit shall agree on the descriptions of the activities 223 and sign the report. The department may prescribe a format and 224 content requirements for submission of annual reports, and shall 225 present and submit the proposed annual legislative budget 226 request reflecting the required material and fiscal needs of 227 each board and council. 228 (7) Membership of the juvenile justice circuit board may 229 not exceed 18 members, except as provided in subsections (8) and 230 (9). Members must include the state attorney, the public 231 defender, and the chief judge of the circuit, or their 232 respective designees, who shall preside each on a rotating basis 233 as chair in intervals of 2-year terms. The remaining 15 members 234 of the board must be appointed by the county councils within 235 that circuit. County council members may serve as ex officio 236 members of the circuit board. The board, when possible for 237 purposes of equity, must be composed of an equal number of 238 active membersinclude at least one representativefrom each 239 county council within the circuit, taking into account the 240 differences in population. In appointing members to the circuit 241 board, the county councils must reflect: 242 (a) The circuit’s geography and population distribution. 243 (b) Juvenile justice partners, including, but not limited 244 to, representatives of law enforcement, the school system, and 245 the Department of Children and Family Services. 246 (c) Diversity in the judicial circuit. 247 (d) Representation from residents of high-crime zip code 248 communities as identified by the department and based on 249 referral rates within the communities. 250 (8) At any time after the adoption of initial bylaws 251 pursuant to subsection (12) and absent any county councils 252 formed within a circuit, a juvenile justice circuit board may 253 revise the bylaws to increase the number of members by not more 254 than three in order to adequately reflect the diversity of the 255 population and community organizations or agencies in the 256 circuit. 257 (9) If county councils are not formed within a circuit, the 258 circuit board may establish its membership in accordance with 259 subsection (10) of not more than 18 members. For juvenile 260 justice circuit boards organized pursuant to this subsection, 261 the state attorney, public defender, and chief circuit judge, or 262 their respective designees, shall be members of the circuit 263 board. 264 (10) Membership of the juvenile justice county councils, or 265 juvenile justice circuit boards established under subsection 266 (9), must include representation from residents of high-crime 267 zip code communities as identified by the department and based 268 on referral rates within the county, and may also include 269 representatives from the following entities: 270 (a) Representatives from the school district, which may 271 include elected school board officials, the school 272 superintendent, school or district administrators, teachers, and 273 counselors. 274 (b) Representatives of the board of county commissioners. 275 (c) Representatives of the governing bodies of local 276 municipalities within the county. 277 (d) A representative of the corresponding circuit or 278 regional entity of the Department of Children and Family 279 Services. 280 (e) Representatives of local law enforcement agencies, 281 including the sheriff or the sheriff’s designee. 282 (f) Representatives of the judicial system. 283 (g) Representatives of the business community. 284 (h) Representatives of other interested officials, groups, 285 or entities, including, but not limited to, a children’s 286 services council, public or private providers of juvenile 287 justice programs and services, students, parents, and advocates. 288 Private providers of juvenile justice programs may not exceed 289 one-third of the voting membership. 290 (i) Representatives of the faith community. 291 (j) Representatives of victim-service programs and victims 292 of crimes. 293 (k) Representatives of the Department of Corrections. 294 (11) Each juvenile justice county council, or juvenile 295 justice circuit board established under subsection (9), must 296 provide for the establishment of an executive committee of not 297 more than 10 members. The duties and authority of the executive 298 committee must be addressed in the bylaws. 299 (12) Each juvenile justice circuit board and county council 300 shall develop and adopt bylaws that provide for officers and 301 committees as the board or council deems necessary and shall 302 specify the qualifications, method of selection,andterm for 303 each office created, and other rules of procedure for the 304 board’s or council’s operation, if the bylaws are not 305 inconsistent with federal and state laws or county ordinances. 306 The bylaws shall address at least the following issues: process 307 for appointments to the board or council; election or 308 appointment of officers; filling of vacant positions; duration 309 of member terms; provisions for voting; meeting attendance 310 requirements; and the establishment and duties of an executive 311 committee, if required under subsection (11). 312 (13) Members of juvenile justice circuit boards and county 313 councils are subject to the provisions of part III of chapter 314 112 and s. 11.25. Juvenile justice circuit boards and county 315 councils are state agency units as prescribed by s. 11.135. 316 (14) The secretary of the department shall hold quarterly 317 meetings with the chairs of the juvenile justice boards and 318 councils and the Children and Youth Cabinet in order to: 319 (a) Advise juvenile justice boards and councils of 320 statewide juvenile justice issues and activities. 321 (b) Provide feedback on budget priorities in the prevention 322 and intervention programs. 323 (c) Obtain input into the strategic planning process. 324 (d) Discuss program development, program implementation, 325 and quality assurance. 326 (15) Nongovernmental members of the juvenile justice 327 circuit boards and county councils shall serve without 328 compensation, unless stated otherwise in the bylaws, but are 329 entitled to reimbursement for per diem and travel expenses in 330 accordance with s. 112.061, and for other costs and expenses 331 that may be necessary and required while in performance of their 332 duties under this section. The department shall provide each 333 board and council with an allotted fund for administrating the 334 board’s or council’s duties. The department shall adopt rules 335 pursuant to s. 985.64 in order to apply for and approve the 336 funds. 337 (16) The department shall provide legal counsel on all 338 internal matters to the boards and councils where necessary as 339 to their duties, responsibilities, and jurisdiction. 340 (17) The boards and councils shall use due diligence in 341 notifying the community and encouraging public participation and 342 membership through various community outreach outlets, such as 343 community newspapers, churches, and free public announcements. 344 Section 4. Section 985.668, Florida Statutes, is amended to 345 read: 346 985.668 Innovation zones.—The department shall encourage 347 each of the juvenile justice circuit boards and councils to 348 propose at least one innovation zone within the circuit for the 349 purpose of implementing any experimental, pilot, or 350 demonstration project that furthers the legislatively 351 established goals of the department. An innovation zone is a 352 defined geographic area such as a circuit, commitment region, 353 county, municipality, service delivery area, school campus, or 354 neighborhood providing a laboratory for the research, 355 development, and testing of the applicability and efficacy of 356 model programs, policy options, and new technologies for the 357 department. 358 (1)(a) The juvenile justice circuit board, in conjunction 359 with and with written approval from the county councils within 360 its circuit, if formed, shall submit a proposal for an 361 innovation zone to the secretary. If the purpose of the proposed 362 innovation zone is to demonstrate that specific statutory goals 363 can be achieved more effectively by using procedures that 364 require modification of existing rules, policies, or procedures, 365 the proposal may request the secretary to waive such existing 366 rules, policies, or procedures or to otherwise authorize use of 367 alternative procedures or practices. Waivers of such existing 368 rules, policies, or procedures must comply with applicable state 369 or federal law. 370 (b) For innovation zone proposals that the secretary 371 determines require changes to state law, the secretary may 372 submit a request for a waiver from such laws, together with any 373 proposed changes to state law, to the chairs of the appropriate 374 legislative committees for consideration. 375 (c) For innovation zone proposals that the secretary 376 determines require waiver of federal law, the secretary may 377 submit a request for such waivers to the applicable federal 378 agency. 379 (2) An innovation zone project may not have a duration of 380 more than 2 years, but the secretary may grant an extension. 381 (3) Before implementing an innovation zone under this 382 subsection, the secretary shall, in conjunction with the Office 383 of Program Policy Analysis and Government Accountability, 384 develop measurable and valid objectives for such zone within a 385 negotiated reasonable period of time. Moneys designated for an 386 innovation zone in one operating circuit may not be used to fund 387 an innovation zone in another operating circuit. 388 (4) Program models for innovation zone projects include, 389 but are not limited to: 390 (a) A forestry alternative work program that provides 391 selected juvenile offenders an opportunity to serve in a 392 forestry work program as an alternative to incarceration, in 393 which offenders assist in wildland firefighting, enhancement of 394 state land management, environmental enhancement, and land 395 restoration. 396 (b) A collaborative public/private dropout prevention 397 partnership that trains personnel from both the public and 398 private sectors of a target community who are identified and 399 brought into the school system as an additional resource for 400 addressing problems which inhibit and retard learning, including 401 abuse, neglect, financial instability, pregnancy, and substance 402 abuse. 403 (c) A support services program that provides economically 404 disadvantaged youth with support services, jobs, training, 405 counseling, mentoring, and prepaid postsecondary tuition 406 scholarships. 407 (d) A juvenile offender job training program that offers an 408 opportunity for juvenile offenders to develop educational and 409 job skills in a 12-month to 18-month nonresidential training 410 program, teaching the offenders skills such as computer-aided 411 design, modular panel construction, and heavy vehicle repair and 412 maintenance which will readily transfer to the private sector, 413 thereby promoting responsibility and productivity. 414 (e) An infant mortality prevention program that is designed 415 to discourage unhealthy behaviors such as smoking and alcohol or 416 drug consumption, reduce the incidence of babies born 417 prematurely or with low birth weight, reduce health care cost by 418 enabling babies to be safely discharged earlier from the 419 hospital, reduce the incidence of child abuse and neglect, and 420 improve parenting and problem-solving skills. 421 (f) A regional crime prevention and intervention program 422 that serves as an umbrella agency to coordinate and replicate 423 existing services to at-risk children, first-time juvenile 424 offenders, youth crime victims, and school dropouts. 425 (g) An alternative education outreach school program that 426 serves delinquent repeat offenders between 14 and 18 years of 427 age who have demonstrated failure in school and who are referred 428 by the juvenile court. 429 (h) A drug treatment and prevention program that provides 430 early identification of children with alcohol or drug problems 431 to facilitate treatment, comprehensive screening and assessment, 432 family involvement, and placement options. 433 (i) A community resource mother or father program that 434 emphasizes parental responsibility for the behavior of children, 435 and requires the availability of counseling services for 436 children at high risk for delinquent behavior. 437 Section 5. Paragraph (b) of subsection (1), paragraph (a) 438 of subsection (2), and subsection (3) of section 985.676, 439 Florida Statutes, are amended to read: 440 985.676 Community juvenile justice partnership grants.— 441 (1) GRANTS; CRITERIA.— 442 (b) In awarding these grants, the department shall consider 443 applications that at a minimum provide for the following: 444 1. The participation of the agencies and programs needed to 445 implement the project or program for which the applicant is 446 applying; 447 2. The reduction of truancy and in-school and out-of-school 448 suspensions and expulsions, the enhancement of school safety, 449 and other delinquency early-intervention and diversion services; 450 3. The number of youths from 10 through 17 years of age 451 within the geographic area to be served by the program, giving 452 those geographic areas having the highest number of youths from 453 10 to 17 years of age priority for selection; 454 4. The extent to which the program targets high-juvenile 455 crime neighborhoods and those public schools serving juveniles 456 from high-crime neighborhoods; 457 5. The validity and cost-effectiveness of the program;and458 6. The degree to which the program is located in and 459 managed by local leaders of the target neighborhoods and public 460 schools serving the target neighborhoods; and.461 7. The development and implementation of the goals of the 462 local juvenile justice county council or circuit board and the 463 Children and Youth Cabinet, along with other departmental 464 purposes. 465 (2) GRANT APPLICATION PROCEDURES.— 466 (a) Each entity wishing to apply for an annual community 467 juvenile justice partnership grant, which may be renewed for a 468 maximum of 2 additional years for the same provision of 469 services, unless subject to extension as prescribed under 470 subsection (3), shall submit a grant proposal for funding or 471 continued funding to the department. The department shall 472 establish the grant application procedures. In order to be 473 considered for funding, the grant proposal shall include the 474 following assurances and information: 475 1. A letter from eachthechair of the juvenile justice 476 circuit board and council confirming that the grant application 477 has been reviewed and found to support one or more purposes or 478 goals of the juvenile justice plan as developed by the board. 479 2. A rationale and description of the program and the 480 services to be provided, including goals and objectives. 481 3. A method for identification of the juveniles most likely 482 to be involved in the juvenile justice system who will be the 483 focus of the program. 484 4. Provisions for the participation of parents and 485 guardians in the program. 486 5. Coordination with other community-based and social 487 service prevention efforts, including, but not limited to, drug 488 and alcohol abuse prevention and dropout prevention programs, 489 that serve the target population or neighborhood. 490 6. An evaluation component to measure the effectiveness of 491 the program in accordance with s. 985.632. 492 7. A program budget, including the amount and sources of 493 local cash and in-kind resources committed to the budget. The 494 proposal must establish to the satisfaction of the department 495 that the entity will make a cash or in-kind contribution to the 496 program of a value that is at least equal to 20 percent of the 497 amount of the grant. 498 8. The necessary program staff. 499 (3) RESTRICTIONS.— 500 (a) This section does not prevent a program initiated under 501 a community juvenile justice partnership grant established 502 pursuant to this section from continuing to operate beyond the 503 3-year maximum funding period if it can find other funding 504 sources. Likewise, this section does not restrict the number of 505 programs an entity may apply for or operate. 506 (b) Notwithstanding the 3-year maximum funding period, the 507 department, upon the request of the entity or the recommendation 508 of the affected juvenile justice circuit board or county council 509 and the Children and Youth Cabinet, may indefinitely extend the 510 funding period for the same provision of services if the 511 entity’s evaluation report, submitted annually to the department 512 pursuant to paragraph (2)(e), shows that the entity’s services 513 in 3 previous years were unique and extraordinary in achieving 514 the goals of the department, the juvenile justice circuit board 515 or county council, or the Children and Youth Cabinet. 516 Section 6. This act shall take effect July 1, 2010.