985.455  Other dispositional issues.--

(1)  The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing:

(a)  Require the child and, if the court finds it appropriate, the child's parent or guardian, together with the child, to render community service in a public service program.

(b)  Order the child and, if the court finds it appropriate, the child's parent or guardian, together with the child, to participate in a community work project, either as an alternative to monetary restitution or as part of the rehabilitative or probation program.

(c)  Revoke or suspend the driver's license of the child.

(2)  If the child is attending or is eligible to attend public school and the court finds that the victim or a sibling of the victim in the case is attending or may attend the same school as the child, the court shall, on its own motion or upon the request of any party or any parent or legal guardian of the victim, determine whether it is appropriate to enter a no contact order in favor of the victim or a sibling of the victim. If appropriate and acceptable to the victim and the victim's parent or parents or legal guardian, the court may reflect in the written disposition order that the victim or the victim's parent or parents or legal guardian stated in writing or in open court that he or she did not object to the offender being permitted to attend the same school or ride on the same school bus as the victim or a sibling of the victim. If applicable, the court placement or commitment order shall include a finding under this subsection.

(3)  Any commitment of a delinquent child to the department must be for an indeterminate period of time, which may include periods of temporary release; however, the period of time may not exceed the maximum term of imprisonment that an adult may serve for the same offense, except that the duration of a minimum-risk nonresidential commitment for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemeanor of the second degree, may be for a period not to exceed 6 months. The duration of the child's placement in a commitment program of any restrictiveness level shall be based on objective performance-based treatment planning. The child's treatment plan progress and adjustment-related issues shall be reported to the court quarterly, unless the court requests monthly reports. The child's length of stay in a commitment program may be extended if the child fails to comply with or participate in treatment activities. The child's length of stay in the program shall not be extended for purposes of sanction or punishment. Any temporary release from such program must be approved by the court. Any child so committed may be discharged from institutional confinement or a program upon the direction of the department with the concurrence of the court. The child's treatment plan progress and adjustment-related issues must be communicated to the court at the time the department requests the court to consider releasing the child from the commitment program. The department shall give the court that committed the child to the department reasonable notice, in writing, of its desire to discharge the child from a commitment facility. The court that committed the child may thereafter accept or reject the request. If the court does not respond within 10 days after receipt of the notice, the request of the department shall be deemed granted. This section does not limit the department's authority to revoke a child's temporary release status and return the child to a commitment facility for any violation of the terms and conditions of the temporary release.

(4)  The court may, upon motion of the child or upon its own motion, within 60 days after imposition of a disposition of commitment, suspend the further execution of the disposition and place the child in a probation program upon such terms and conditions as the court may require. The department shall forward to the court all relevant material on the child's progress while in custody not later than 3 working days prior to the hearing on the motion to suspend the disposition.

History.--s. 39, ch. 97-238; s. 12, ch. 2000-134; s. 31, ch. 2000-135; s. 6, ch. 2005-263; s. 53, ch. 2006-120.

Note.--Subsections (3), (4) former s. 985.231(1)(d), (h).

985.46  Conditional release.--

(1)  The Legislature finds that:

(a)  Conditional release is the care, treatment, help, and supervision provided juveniles released from residential commitment programs to promote rehabilitation and prevent recidivism.

(b)  Conditional release services can contribute significantly to a successful transition of a juvenile from a residential commitment to the juvenile's home, school, and community. Therefore, the best efforts should be made to provide for a successful transition.

(c)  The purpose of conditional release is to protect safety; reduce recidivism; increase responsible productive behaviors; and provide for a successful transition of care and custody of the youth from the state to the family.

(d)  Accordingly, conditional release should be included in the continuum of care.

(2)  It is the intent of the Legislature that:

(a)  Commitment programs include rehabilitative efforts on preparing committed juveniles for a successful release to the community.

(b)  Conditional release transition planning begins as early in the commitment process as possible.

(c)  Each juvenile committed to a residential commitment program be assessed to determine the need for conditional release services upon release from the commitment program.

(3)  For juveniles referred or committed to the department, the function of the department may include, but shall not be limited to, assessing each juvenile placed in a residential commitment program to determine the need for conditional release services upon release from the program, supervising the juvenile when released into the community from a residential commitment facility of the department, providing such counseling and other services as may be necessary for the families and assisting their preparations for the return of the child. Subject to specific appropriation, the department shall provide for outpatient sexual offender counseling for any juvenile sexual offender released from a residential commitment program as a component of conditional release.

(4)  A juvenile under nonresidential commitment placement will continue to be on commitment status and subject to the transfer provision under s. 985.441(3).

(5)  Participation in the educational program by students of compulsory school attendance age pursuant to s. 1003.21(1) and (2)(a) is mandatory for juvenile justice youth on conditional release or postcommitment probation status. A student of noncompulsory school-attendance age who has not received a high school diploma or its equivalent must participate in the educational program. A youth who has received a high school diploma or its equivalent and is not employed must participate in workforce development or other career or technical education or attend a community college or a university while in the program, subject to available funding.

History.--s. 5, ch. 90-208; s. 55, ch. 94-209; s. 1354, ch. 95-147; s. 5, ch. 95-266; s. 47, ch. 95-267; s. 60, ch. 97-238; s. 17, ch. 99-284; s. 43, ch. 2000-135; s. 6, ch. 2000-137; s. 32, ch. 2001-125; s. 1052, ch. 2002-387; s. 8, ch. 2005-263; s. 54, ch. 2006-120.

Note.--Former s. 39.067; s. 985.316.

985.465  Juvenile correctional facilities or juvenile prison.--A juvenile correctional facility or juvenile prison is a physically secure residential commitment program with a designated length of stay from 18 months to 36 months, primarily serving children 13 years of age to 19 years of age or until the jurisdiction of the court expires. Each child committed to this level must meet one of the following criteria:

(1)  The child is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:

(a)  Arson;

(b)  Sexual battery;

(c)  Robbery;

(d)  Kidnapping;

(e)  Aggravated child abuse;

(f)  Aggravated assault;

(g)  Aggravated stalking;

(h)  Murder;

(i)  Manslaughter;

(j)  Unlawful throwing, placing, or discharging of a destructive device or bomb;

(k)  Armed burglary;

(l)  Aggravated battery;

(m)  Carjacking;

(n)  Home-invasion robbery;

(o)  Burglary with an assault or battery;

(p)  Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or

(q)  Carrying, displaying, using, threatening to use, or attempting to use a weapon or firearm during the commission of a felony.

(2)  The child is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed three or more times to a delinquency commitment program.

(3)  The child is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.

(4)  The child is at least 13 years of age at the time of the disposition for the current offense, the child is eligible for prosecution as an adult for the current offense, and the current offense is ranked at level 7 or higher on the Criminal Punishment Code offense severity ranking chart pursuant to s. 921.0022.

History.--s. 47, ch. 94-209; s. 15, ch. 95-267; s. 9, ch. 96-398; s. 10, ch. 97-194; s. 57, ch. 97-238; s. 16, ch. 99-201; s. 40, ch. 99-284; s. 55, ch. 2006-120.

Note.--Former s. 39.0581; s. 985.313.

985.47  Serious or habitual juvenile offender.--

(1)  CRITERIA.--A "serious or habitual juvenile offender," for purposes of commitment to a residential facility and for purposes of records retention, means a child who has been found to have committed a delinquent act or a violation of law, in the case currently before the court, and who meets at least one of the following criteria:

(a)  The child is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:

1.  Arson;

2.  Sexual battery;

3.  Robbery;

4.  Kidnapping;

5.  Aggravated child abuse;

6.  Aggravated assault;

7.  Aggravated stalking;

8.  Murder;

9.  Manslaughter;

10.  Unlawful throwing, placing, or discharging of a destructive device or bomb;

11.  Armed burglary;

12.  Aggravated battery;

13.  Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or

14.  Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony.

(b)  The child is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed at least two times to a delinquency commitment program.

(c)  The child is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.

(2)  DETERMINATION.--After a child has been adjudicated delinquent under s. 985.35, the court shall determine whether the child meets the criteria for a serious or habitual juvenile offender under subsection (1). If the court determines that the child does not meet such criteria, ss. 985.435, 985.437, 985.439, 985.441, 985.445, 985.45, and 985.455 shall apply.

(3)  PLACEMENT RECOMMENDATIONS.--After a child has been transferred for criminal prosecution, a circuit court judge may direct a juvenile probation officer to consult with designated staff from an appropriate serious or habitual juvenile offender program for the purpose of making recommendations to the court regarding the child's placement in such program.

(4)  TIME AND PLACE FOR RECOMMENDATIONS.--Recommendations as to a child's placement in a serious or habitual juvenile offender program shall be presented to the court within 72 hours after the adjudication or conviction, and may be based on a preliminary screening of the child at appropriate sites, considering the child's location while court action is pending, which may include the nearest regional detention center or facility or jail.

(5)  REPORTING RECOMMENDATIONS TO COURT.--Based on the recommendations of the multidisciplinary assessment, the juvenile probation officer shall make the following recommendations to the court:

(a)  For each child who has not been transferred for criminal prosecution, the juvenile probation officer shall recommend whether placement in such program is appropriate and needed.

(b)  For each child who has been transferred for criminal prosecution, the juvenile probation officer shall recommend whether the most appropriate placement for the child is a juvenile justice system program, including a serious or habitual juvenile offender program or facility, or placement in the adult correctional system.

If treatment provided by a serious or habitual juvenile offender program or facility is determined to be appropriate and needed and placement is available, the juvenile probation officer and the court shall identify the appropriate serious or habitual juvenile offender program or facility best suited to the needs of the child.

(6)  ACTION ON RECOMMENDATIONS.--The treatment and placement recommendations shall be submitted to the court for further action under this subsection:

(a)  If it is recommended that placement in a serious or habitual juvenile offender program or facility is inappropriate, the court shall make an alternative disposition under s. 985.4891 or other alternative sentencing as applicable, using the recommendation as a guide.

(b)  If it is recommended that placement in a serious or habitual juvenile offender program or facility is appropriate, the court may commit the child to the department for placement in the restrictiveness level designated for serious or habitual delinquent children programs.

(7)  DURATION OF COMMITMENT.--Any commitment of a child to the department for placement in a serious or habitual juvenile offender program or facility shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment that an adult may serve for the same offense.

(8)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to this chapter and the establishment of appropriate program guidelines and standards, contractual instruments, which shall include safeguards of all constitutional rights, shall be developed as follows:

(a)  The department shall provide for:

1.  The oversight of implementation of assessment and treatment approaches.

2.  The identification and prequalification of appropriate individuals or not-for-profit organizations, including minority individuals or organizations when possible, to provide assessment and treatment services to serious or habitual delinquent children.

3.  The monitoring and evaluation of assessment and treatment services for compliance with this chapter and all applicable rules and guidelines pursuant thereto.

4.  The development of an annual report on the performance of assessment and treatment to be presented to the Governor, the Attorney General, the President of the Senate, the Speaker of the House of Representatives, and the Auditor General no later than January 1 of each year.

(b)  Assessment shall generally comprise the first 30 days of treatment and be provided by the same provider as treatment, but assessment and treatment services may be provided by separate providers, where warranted. Providers shall be selected who have the capacity to assess and treat the unique problems presented by children with different racial and ethnic backgrounds. The department shall retain contractual authority to reject any assessment or treatment provider for lack of qualification.

(9)  SERIOUS OR HABITUAL JUVENILE OFFENDER PROGRAM.--

(a)  There is created the serious or habitual juvenile offender program. The program shall consist of at least 9 months of intensive secure residential treatment. Conditional release assessment and services shall be provided in accordance with s. 985.46. The components of the program shall include, but not be limited to:

1.  Diagnostic evaluation services.

2.  Appropriate treatment modalities, including substance abuse intervention, mental health services, and sexual behavior dysfunction interventions and gang-related behavior interventions.

3.  Prevocational and vocational services.

4.  Job training, job placement, and employability-skills training.

5.  Case management services.

6.  Educational services, including special education and pre-GED literacy.

7.  Self-sufficiency planning.

8.  Independent living skills.

9.  Parenting skills.

10.  Recreational and leisure time activities.

11.  Community involvement opportunities commencing, where appropriate, with the direct and timely payment of restitution to the victim.

12.  Intensive conditional release supervision.

13.  Graduated reentry into the community.

14.  A diversity of forms of individual and family treatment appropriate to and consistent with the child's needs.

15.  Consistent and clear consequences for misconduct.

(b)  The department is authorized to contract with private companies to provide some or all of the components indicated in paragraph (a).

(c)  The department shall involve local law enforcement agencies, the judiciary, school board personnel, the office of the state attorney, the office of the public defender, and community service agencies interested in or currently working with juveniles, in planning and developing this program.

(d)  The department is authorized to accept funds or in-kind contributions from public or private sources to be used for the purposes of this section.

(10)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND TREATMENT.--

(a)  Assessment and treatment shall be conducted by treatment professionals with expertise in specific treatment procedures. These professionals shall exercise all professional judgment independently of the department.

(b)  Treatment provided to children in designated facilities shall be suited to the assessed needs of each individual child and shall be administered safely and humanely, with respect for human dignity.

(c)  The department may promulgate rules for the implementation and operation of programs and facilities for serious or habitual juvenile offenders.

(d)  Any provider who acts in good faith is immune from civil or criminal liability for his or her actions in connection with the assessment, treatment, or transportation of a serious or habitual juvenile offender under this chapter.

(e)  The following provisions shall apply to children in serious or habitual juvenile offender programs and facilities:

1.  A child shall begin participation in the conditional release component of the program based upon a determination made by the treatment provider and approved by the department.

2.  A child shall begin participation in the community supervision component of conditional release based upon a determination made by the treatment provider and approved by the department. The treatment provider shall give written notice of the determination to the circuit court having jurisdiction over the child. If the court does not respond with a written objection within 10 days, the child shall begin the conditional release component.

3.  A child shall be discharged from the program based upon a determination made by the treatment provider with the approval of the department.

4.  In situations where the department does not agree with the decision of the treatment provider, a reassessment shall be performed, and the department shall use the reassessment determination to resolve the disagreement and make a final decision.

(11)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

(a)  Pursuant to this section, the department shall implement the comprehensive assessment instrument for the treatment needs of serious or habitual juvenile offenders and for the assessment, which assessment shall include the criteria under subsection (1) and shall also include, but not be limited to, evaluation of the child's:

1.  Amenability to treatment.

2.  Proclivity toward violence.

3.  Tendency toward gang involvement.

4.  Substance abuse or addiction and the level thereof.

5.  History of being a victim of child abuse or sexual abuse, or indication of sexual behavior dysfunction.

6.  Number and type of previous adjudications, findings of guilt, and convictions.

7.  Potential for rehabilitation.

(b)  The department shall contract with multiple individuals or not-for-profit organizations to perform the assessments and treatment, and shall ensure that the staff of each provider is appropriately trained.

(c)  Assessment and treatment providers shall have a written procedure developed, in consultation with licensed treatment professionals, establishing conditions under which a child's blood and urine samples will be tested for substance abuse indications. The person receiving the test results may divulge the test results to the relevant facility staff and department personnel; however, such information is exempt from ss. 119.01 and 119.07(1) and s. 24(a), Art. I of the State Constitution.

(d)  Serologic blood test and urinalysis results obtained under paragraph (c) are confidential, except that they may be shared with employees or officers of the department, the court, and any assessment or treatment provider and designated facility treating the child. No person to whom the results of a test have been disclosed under this section may disclose the test results to another person not authorized under this section.

(e)  The results of any serologic blood or urine test on a serious or habitual juvenile offender shall become a part of that child's medical file. Upon transfer of the child to any other designated treatment facility, such file shall be transferred in an envelope marked confidential. The results of any test designed to identify the human immunodeficiency virus, or its antigen or antibody, shall be accessible only to persons designated by rule of the department. The provisions of such rule shall be consistent with the guidelines established by the Centers for Disease Control and Prevention.

(f)  A record of the assessment and treatment of each serious or habitual juvenile offender shall be maintained by the provider, which shall include data pertaining to the child's treatment and such other information as may be required under rules of the department. Unless waived by express and informed consent by the child or the guardian or, if the child is deceased, by the child's personal representative or by the person who stands next in line of intestate succession, the privileged and confidential status of the clinical assessment and treatment record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency.

(g)  The assessment and treatment record shall not be a public record, and no part of it shall be released, except that:

1.  The record shall be released to such persons and agencies as are designated by the child or the guardian.

2.  The record shall be released to persons authorized by order of court, excluding matters privileged by other provisions of law.

3.  The record or any part thereof shall be disclosed to a qualified researcher, as defined by rule; a staff member of the designated treatment facility; or an employee of the department when the administrator of the facility or the Secretary of Juvenile Justice deems it necessary for treatment of the child, maintenance of adequate records, compilation of treatment data, or evaluation of programs.

4.  Information from the assessment and treatment record may be used for statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals.

(h)  Notwithstanding other provisions of this section, the department may request, receive, and provide assessment and treatment information to facilitate treatment, rehabilitation, and continuity of care of any serious or habitual juvenile offender from any of the following:

1.  The Social Security Administration and the United States Department of Veterans Affairs.

2.  Law enforcement agencies, state attorneys, defense attorneys, and judges in regard to the child's status.

3.  Personnel in any facility in which the child may be placed.

4.  Community agencies and others expected to provide services to the child upon his or her return to the community.

(i)  Any law enforcement agency, designated treatment facility, governmental or community agency, or other entity that receives information under this section shall maintain such information as a nonpublic record as otherwise provided herein.

(j)  Any agency, not-for-profit organization, or treatment professional who acts in good faith in releasing information under this subsection shall not be subject to civil or criminal liability for such release.

(k)  Assessment and treatment records are confidential as described in this paragraph and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

1.  The department shall have full access to the assessment and treatment records to ensure coordination of services to the child.

2.  The principles of confidentiality of records provided in s. 985.04 apply to the assessment and treatment records of serious or habitual juvenile offenders.

(l)  For purposes of effective administration, accurate tracking and recordkeeping, and optimal treatment decisions, each assessment and treatment provider shall maintain a central identification file on the serious or habitual juvenile offenders it treats.

(m)  The file of each serious or habitual juvenile offender shall contain, but is not limited to, pertinent children-in-need-of-services and delinquency record information maintained by the department; pertinent school records information on behavior, attendance, and achievement; and pertinent information on delinquency or children in need of services maintained by law enforcement agencies and the state attorney.

(n)  All providers under this section shall, as part of their contractual duties, collect, maintain, and report to the department all information necessary to comply with mandatory reporting pursuant to the promulgation of rules by the department for the implementation of serious or habitual juvenile offender programs and the monitoring and evaluation thereof.

(o)  The department is responsible for the development and maintenance of a statewide automated tracking system for serious or habitual juvenile offenders.

(12)  DESIGNATED TREATMENT FACILITIES.--

(a)  Designated facilities shall be sited and constructed by the department, directly or by contract, pursuant to departmental rules, to ensure that facility design is compatible with treatment. The department is authorized to contract for the construction of the facilities and may also lease facilities. The number of beds per facility shall not exceed 25. An assessment of need for additional facilities shall be conducted prior to the siting or construction of more than one facility in any judicial circuit.

(b)  Designated facilities for serious or habitual juvenile offenders shall be separate and secure facilities established under the authority of the department for the treatment of such children.

(c)  Security for designated facilities for serious or habitual juvenile offenders shall be determined by the department. The department is authorized to contract for the provision of security.

(d)  With respect to the treatment of serious or habitual juvenile offenders under this section, designated facilities shall be immune from liability for civil damages except in instances when the failure to act in good faith results in serious injury or death, in which case liability shall be governed by s. 768.28.

(e)  Minimum standards and requirements for designated treatment facilities shall be contractually prescribed under subsection (8).

History.--s. 5, ch. 90-208; s. 2, ch. 92-287; s. 57, ch. 93-268; s. 223, ch. 95-147; s. 1, ch. 95-152; s. 1, ch. 95-256; s. 3, ch. 96-398; s. 14, ch. 96-406; s. 22, ch. 97-95; ss. 3, 54, ch. 97-238; s. 2, ch. 98-55; s. 22, ch. 98-207; s. 134, ch. 99-3; s. 14, ch. 99-201; ss. 9, 27, ch. 99-284; ss. 18, 38, ch. 2000-135; ss. 14, 30, ch. 2001-125; s. 27, ch. 2004-335; ss. 1, 17, ch. 2005-263; s. 10, ch. 2006-62; s. 56, ch. 2006-120.

Note.--Subsection (1) former s. 985.03(49). Subsections (2)-(7) former s. 39.058(3)(e)-(i), (k); s. 985.31(3)(e)-(i), (k). Subsections (8), (9) former s. 39.058(1), (2); s. 985.31(1), (2). Paragraphs (10)(a)-(d) former s. 39.058(3)(a)-(d); s. 985.31(3)(a)-(d). Paragraph (10)(e) former s. 39.058(3)(j); s. 985.31(3)(j). Subsections (11), (12) former s. 39.058(4), (5); s. 985.31(4), (5).

985.475  Juvenile sexual offenders.--

(1)  CRITERIA.--A "juvenile sexual offender" means:

(a)  A juvenile who has been found by the court under s. 985.35 to have committed a violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s. 847.0133;

(b)  A juvenile found to have committed any felony violation of law or delinquent act involving juvenile sexual abuse. "Juvenile sexual abuse" means any sexual behavior that occurs without consent, without equality, or as a result of coercion. For purposes of this subsection, the following definitions apply:

1.  "Coercion" means the exploitation of authority, use of bribes, threats of force, or intimidation to gain cooperation or compliance.

2.  "Equality" means two participants operating with the same level of power in a relationship, neither being controlled nor coerced by the other.

3.  "Consent" means an agreement including all of the following:

a.  Understanding what is proposed based on age, maturity, developmental level, functioning, and experience.

b.  Knowledge of societal standards for what is being proposed.

c.  Awareness of potential consequences and alternatives.

d.  Assumption that agreement or disagreement will be accepted equally.

e.  Voluntary decision.

f.  Mental competence.

Juvenile sexual offender behavior ranges from noncontact sexual behavior such as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital penetration, rape, fellatio, sodomy, and various other sexually aggressive acts.

(2)  Following a delinquency adjudicatory hearing under s. 985.35, the court may on its own or upon request by the state or the department and subject to specific appropriation, determine whether a juvenile sexual offender placement is required for the protection of the public and what would be the best approach to address the treatment needs of the juvenile sexual offender. When the court determines that a juvenile has no history of a recent comprehensive assessment focused on sexually deviant behavior, the court may, subject to specific appropriation, order the department to conduct or arrange for an examination to determine whether the juvenile sexual offender is amenable to community-based treatment.

(a)  The report of the examination shall include, at a minimum, the following:

1.  The juvenile sexual offender's account of the incident and the official report of the investigation.

2.  The juvenile sexual offender's offense history.

3.  A multidisciplinary assessment of the sexually deviant behaviors, including an assessment by a certified psychologist, therapist, or psychiatrist.

4.  An assessment of the juvenile sexual offender's family, social, educational, and employment situation. The report shall set forth the sources of the evaluator's information.

(b)  The report shall assess the juvenile sexual offender's amenability to treatment and relative risk to the victim and the community.

(c)  The department shall provide a proposed plan to the court that shall include, at a minimum:

1.  The frequency and type of contact between the offender and therapist.

2.  The specific issues and behaviors to be addressed in the treatment and description of planned treatment methods.

3.  Monitoring plans, including any requirements regarding living conditions, school attendance and participation, lifestyle, and monitoring by family members, legal guardians, or others.

4.  Anticipated length of treatment.

5.  Recommended crime-related prohibitions and curfew.

6.  Reasonable restrictions on the contact between the juvenile sexual offender and either the victim or alleged victim.

(d)  After receipt of the report on the proposed plan of treatment, the court shall consider whether the community and the offender will benefit from use of juvenile sexual offender community-based treatment alternative disposition and consider the opinion of the victim or the victim's family as to whether the offender should receive a community-based treatment alternative disposition under this subsection.

(e)  If the court determines that this juvenile sexual offender community-based treatment alternative is appropriate, the court may place the offender on community supervision for up to 3 years. As a condition of community treatment and supervision, the court may order the offender to:

1.  Undergo available outpatient juvenile sexual offender treatment for up to 3 years. A program or provider may not be used for such treatment unless it has an appropriate program designed for sexual offender treatment. The department shall not change the treatment provider without first notifying the state attorney's office.

2.  Remain within described geographical boundaries and notify the court or the department counselor prior to any change in the offender's address, educational program, or employment.

3.  Comply with all requirements of the treatment plan.

(f)  The juvenile sexual offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties to the proceedings. The juvenile sexual offender reports shall reference the treatment plan and include, at a minimum, the following:

1.  Dates of attendance.

2.  The juvenile sexual offender's compliance with the requirements of treatment.

3.  A description of the treatment activities.

4.  The sexual offender's relative progress in treatment.

5.  The offender's family support of the treatment objectives.

6.  Any other material specified by the court at the time of the disposition.

(g)  At the disposition hearing, the court may set case review hearings as the court considers appropriate.

(h)  If the juvenile sexual offender violates any condition of the disposition or the court finds that the juvenile sexual offender is failing to make satisfactory progress in treatment, the court may revoke the community-based treatment alternative and order commitment to the department under s. 985.441.

(i)  If the court determines that the juvenile sexual offender is not amenable to community-based treatment, the court shall proceed with a juvenile sexual offender disposition hearing under s. 985.441.

History.--ss. 3, 39, ch. 97-238; s. 9, ch. 99-284; s. 18, ch. 2000-135; s. 14, ch. 2001-125; s. 1, ch. 2005-263; s. 57, ch. 2006-120.

Note.--Subsection (1) former s. 985.03(32). Subsection (2) former s. 985.231(3).