985.601  Administering the juvenile justice continuum.--

(1)  The Department of Juvenile Justice shall plan, develop, and coordinate comprehensive services and programs statewide for the prevention, early intervention, control, and rehabilitative treatment of delinquent behavior.

(2)  The department shall develop and implement an appropriate continuum of care that provides individualized, multidisciplinary assessments, objective evaluations of relative risks, and the matching of needs with placements for all children under its care, and that uses a system of case management to facilitate each child being appropriately assessed, provided with services, and placed in a program that meets the child's needs.

(3)(a)  The department shall develop or contract for diversified and innovative programs to provide rehabilitative treatment, including early intervention and prevention, diversion, comprehensive intake, case management, diagnostic and classification assessments, individual and family counseling, shelter care, diversified detention care emphasizing alternatives to secure detention, diversified probation, halfway houses, foster homes, community-based substance abuse treatment services, community-based mental health treatment services, community-based residential and nonresidential programs, environmental programs, and programs for serious or habitual juvenile offenders. Each program shall place particular emphasis on reintegration and conditional release for all children in the program.

(b)  The Legislature intends that, whenever possible and reasonable, the department make every effort to consider qualified faith-based organizations on an equal basis with other private organizations when selecting contract providers of services to juveniles.

(c)  The department may contract with faith-based organizations on the same basis as any other nongovernmental providers, without impairing the religious character of such organizations. Any faith-based organization may act as a contractor in the delivery of services under any program, on the same basis as any other nongovernmental provider, without impairing the religious character of such organization. A faith-based organization, which has entered into a contract with the department, shall retain its independence from state and local governments with regard to control over the definition, development, practice, and expression of its religious beliefs. The department shall not require a faith-based organization to alter its form of internal government or remove religious art, icons, scripture, or other symbols in order to be eligible to contract as a provider.

(d)  The department may include in any services contract a requirement that providers prepare plans describing their implementation of paragraphs (a) and (c). A failure to deliver such plans, if required, may be considered by the department as a breach of the contract that may result in cancellation of the contract.

(4)  The department shall maintain continuing cooperation with the Department of Education, the Department of Children and Family Services, the Agency for Workforce Innovation, and the Department of Corrections for the purpose of participating in agreements with respect to dropout prevention and the reduction of suspensions, expulsions, and truancy; increased access to and participation in GED, vocational, and alternative education programs; and employment training and placement assistance. The cooperative agreements between the departments shall include an interdepartmental plan to cooperate in accomplishing the reduction of inappropriate transfers of children into the adult criminal justice and correctional systems.

(5)  The department may provide consulting services and technical assistance to courts, law enforcement agencies, and other state agencies, local governments, and public and private organizations, and may develop or assist in developing community interest and action programs relating to intervention against, diversion from, and prevention and treatment of, delinquent behavior.

(6)  In view of the importance of the basic values of work, responsibility, and self-reliance to a child's return to his or her community, the department may pay a child a reasonable sum of money for work performed while employed in any of the department's work programs. The work programs shall be designed so that the work benefits the department or the state, their properties, or the child's community. Funds for payments shall be provided specifically for salaries pursuant to this subsection, and payments shall be made pursuant to a plan approved or rules adopted by the department.

(7)  The department shall administer programs and services for children in need of services and families in need of services and shall coordinate its efforts with those of the Federal Government, state agencies, county and municipal governments, private agencies, and child advocacy groups. The department shall establish standards for, providing technical assistance to, and exercising the requisite supervision of, services and programs for children in all state-supported facilities and programs.

(8)  The department shall ensure that personnel responsible for the care, supervision, and individualized treatment of children are appropriately apprised of the requirements of this chapter and trained in the specialized areas required to comply with standards established by rule.

(9)(a)  The department shall operate a statewide, regionally administered system of detention services for children, in accordance with a comprehensive plan for the regional administration of all detention services in the state. The plan must provide for the maintenance of adequate availability of detention services for all counties. The plan must cover all the department's operating circuits, with each operating circuit having a secure facility and nonsecure and home detention programs, and the plan may be altered or modified by the Department of Juvenile Justice as necessary.

(b)  The department shall adopt rules prescribing standards and requirements with reference to:

1.  The construction, equipping, maintenance, staffing, programming, and operation of detention facilities;

2.  The treatment, training, and education of children confined in detention facilities;

3.  The cleanliness and sanitation of detention facilities;

4.  The number of children who may be housed in detention facilities per specified unit of floor space;

5.  The quality, quantity, and supply of bedding furnished to children housed in detention facilities;

6.  The quality, quantity, and diversity of food served in detention facilities and the manner in which it is served;

7.  The furnishing of medical attention and health and comfort items in detention facilities; and

8.  The disciplinary treatment administered in detention facilities.

(c)  The rules must provide that the time spent by a child in a detention facility must be devoted to educational training and other types of self-motivation and development. The use of televisions, radios, and audio players shall be restricted to educational programming. However, the manager of a detention facility may allow noneducational programs to be used as a reward for good behavior. Exercise must be structured and calisthenic and aerobic in nature and may include weight lifting.

(d)  Each programmatic, residential, and service contract or agreement entered into by the department must include a cooperation clause for purposes of complying with the department's quality assurance requirements, cost-accounting requirements, and the program outcome evaluation requirements.

(10)  The department shall implement procedures to ensure that educational support activities are provided throughout the juvenile justice continuum. Such activities may include, but are not limited to, mentoring, tutoring, group discussions, homework assistance, library support, designated reading times, independent living, personal finance, and other appropriate educational activities.

History.--s. 5, ch. 90-208; s. 3, ch. 91-158; s. 18, ch. 94-209; s. 1335, ch. 95-147; s. 2, ch. 95-212; ss. 40, 43, ch. 96-398; s. 159, ch. 97-101; s. 64, ch. 97-238; s. 7, ch. 98-186; s. 25, ch. 98-207; s. 139, ch. 99-3; s. 18, ch. 99-284; s. 46, ch. 2000-135; ss. 33, 41, ch. 2001-125; s. 7, ch. 2001-185; s. 154, ch. 2005-2; s. 74, ch. 2006-120.

Note.--Former s. 39.021; s. 985.404.

985.6015  Shared County/State Juvenile Detention Trust Fund.--

(1)  The Shared County/State Juvenile Detention Trust Fund is created within the department.

(2)  The fund is established for use as a depository for funds to be used for the costs of predisposition juvenile detention. Moneys credited to the trust fund shall consist of funds from the counties' share of the costs for predisposition juvenile detention.

(3)  In accordance with s. 19(f)(2), Art. III of the State Constitution, the Shared County/State Juvenile Detention Trust Fund shall, unless terminated sooner, be terminated on July 1, 2009. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 2005-114; s. 75, ch. 2006-120.

Note.--Former s. 985.4043.

985.605  Prevention service program; monitoring; uniform performance measures.--

(1)  The department's prevention service program shall monitor all state-funded programs, grants, appropriations, or activities that are designed to prevent juvenile crime, delinquency, gang membership, or status offense behaviors and all state-funded programs, grants, appropriations, or activities that are designed to prevent a child from becoming a "child in need of services," as defined in chapter 984, in order to inform the Governor and the Legislature concerning efforts designed to further the policy of the state concerning juvenile justice and delinquency prevention, consistent with ss. 984.02 and 985.02.

(2)  The department shall expend funds related to the prevention of juvenile delinquency in a manner consistent with the policies expressed in ss. 984.02 and 985.02. The department shall expend said funds in a manner that maximizes public accountability and ensures the documentation of outcomes.

(a)  All entities that receive or use state moneys to fund juvenile delinquency prevention services through contracts or grants with the department shall design the programs providing such services to further one or more of the following strategies:

1.  Encouraging youth to attend school, which may include special assistance and tutoring to address deficiencies in academic performance and collecting outcome data to reveal the number of days youth attended school while participating in the program.

2.  Engaging youth in productive and wholesome activities during nonschool hours that build positive character, instill positive values, or enhance educational experiences and collecting outcome data to reveal the number of youths who are arrested during nonschool hours while participating in the program.

3.  Encouraging youth to avoid the use of violence and collecting outcome data to reveal the number of youths who are arrested for crimes involving violence while participating in the program.

4.  Assisting youth to acquire skills needed to find meaningful employment, which may include assistance in finding a suitable employer for the youth and collecting outcome data to reveal the number of youths who obtain and maintain employment for at least 180 days.

(b)  The department shall develop an outcome measure for each program strategy specified in paragraph (a) that logically relates to the risk factor addressed by the strategy.

(c)  All entities that receive or use state moneys to fund the juvenile delinquency prevention services through contracts or grants with the department shall, as a condition of receipt of state funds, provide the department with personal demographic information concerning all participants in the service sufficient to allow the department to verify criminal or delinquent history information, school attendance or academic information, employment information, or other requested performance information.

History.--s. 33, ch. 2000-135; s. 2, ch. 2004-333; s. 76, ch. 2006-120.

Note.--Former s. 985.3045.

985.606  Prevention services providers; performance data collection; reporting.--Each state agency or entity that receives or uses state appropriations to fund programs, grants, appropriations, or activities that are designed to prevent juvenile crime, delinquency, gang membership, status offenses, ¹or a child from becoming a "child in need of services," as defined in chapter 984, shall collect data relative to the performance of such activities and shall provide said data to the Governor, the President of the Senate, and the Speaker of the House no later than January 31st of each year for the preceding fiscal year.

History.--s. 34, ch. 2000-135; s. 77, ch. 2006-120.

¹Note.--The words "that are designed to prevent" following the word "or" were deleted by the editors to eliminate unnecessary repetition.

Note.--Former s. 985.3046.

985.61  Early delinquency intervention program; criteria.--

(1)  The Department of Juvenile Justice shall, contingent upon specific appropriation and with the cooperation of local law enforcement agencies, the judiciary, district school board personnel, the office of the state attorney, the office of the public defender, the Department of Children and Family Services, and community service agencies that work with children, establish an early delinquency intervention program, the components of which shall include, but not be limited to:

(a)  Case management services.

(b)  Treatment modalities, including substance abuse treatment services, mental health services, and retardation services.

(c)  Prevocational education and career education services.

(d)  Diagnostic evaluation services.

(e)  Educational services.

(f)  Self-sufficiency planning.

(g)  Independent living skills.

(h)  Parenting skills.

(i)  Recreational and leisure time activities.

(j)  Program evaluation.

(k)  Medical screening.

(2)  The early delinquency intervention program shall consist of intensive residential treatment in a secure facility for 7 days to 6 weeks, followed by 6 to 9 months of additional services. An early delinquency intervention program facility shall be designed to accommodate the placement of a maximum of 10 children, except that the facility may accommodate up to 2 children in excess of that maximum if the additional children have previously been released from the residential portion of the program and are later found to need additional residential treatment.

(3)  A copy of the arrest report of any child 15 years of age or younger who is taken into custody for committing a delinquent act or any violation of law shall be forwarded to the local operating circuit office of the Department of Juvenile Justice. Upon receiving the second arrest report of any such child from the judicial circuit in which the program is located, the Department of Juvenile Justice shall initiate an intensive review of the child's social and educational history to determine the likelihood of further significant delinquent behavior. In making this determination, the Department of Juvenile Justice shall consider, without limitation, the following factors:

(a)  Any prior allegation that the child is dependent or a child in need of services.

(b)  The physical, emotional, and intellectual status and developmental level of the child.

(c)  The child's academic history, including school attendance, school achievements, grade level, and involvement in school-sponsored activities.

(d)  The nature and quality of the child's peer group relationships.

(e)  The child's history of substance abuse or behavioral problems.

(f)  The child's family status, including the capability of the child's family members to participate in a family-centered intervention program.

(g)  The child's family history of substance abuse or criminal activity.

(h)  The supervision that is available in the child's home.

(i)  The nature of the relationship between the parents and the child and any siblings and the child.

(4)  Upon determination that a child is likely to continue to exhibit significant delinquent behavior, the department may recommend to the court that the child be placed in an early delinquency intervention program, and the court may order the program as the dispositional placement for the child. At the discretion of the department or its designee, or upon order of the court, a child who is 11 years of age or younger may be excused from the residential portion of treatment.

(5)  Not later than 18 months after the initiation of an early delinquency intervention program, the department shall prepare and submit a progress report to the chairs of the appropriate House and Senate fiscal committees and the appropriate House and Senate substantive committees on the development and implementation of the program, including:

(a)  Factors determining placement of a child in the program.

(b)  Services provided in each component of the program.

(c)  Costs associated with each component of the program.

(d)  Problems or difficulties encountered in the implementation and operation of the program.

History.--s. 5, ch. 90-208; s. 21, ch. 93-200; s. 44, ch. 94-209; s. 4, ch. 97-101; s. 49, ch. 97-238; s. 35, ch. 2000-135; s. 28, ch. 2001-125; s. 78, ch. 2006-120.

Note.--Former s. 39.055; s. 985.305.

985.614  Children locked out of the home; interagency cooperation.--The department and the Department of Children and Family Services shall encourage interagency cooperation within each circuit and shall develop comprehensive agreements between the staff and providers for each department in order to coordinate the services provided to children who are locked out of the home and the families of those children.

History.--s. 15, ch. 97-281; s. 21, ch. 2000-135; s. 79, ch. 2006-120.

Note.--Former s. 985.2066.

985.618  Educational and career-related programs.--

(1)(a)  It is the finding of the Legislature that the educational and career-related programs of the Department of Juvenile Justice are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that these programs provide juveniles with useful information and activities that can lead to meaningful employment after release in order to assist in reducing the return of juveniles to the system.

(b)  It is further the finding of the Legislature that the mission of a juvenile educational and career-related program is, in order of priority:

1.  To provide a joint effort between the department, the juvenile work programs, and educational and career training programs to reinforce relevant education, training, and postrelease job placement, and help reduce recommitment.

2.  To serve the security goals of the state through the reduction of idleness of juveniles and the provision of an incentive for good behavior in residential commitment facilities.

3.  To teach youth in juvenile justice programs relevant job skills and the fundamentals of a trade in order to prepare them for placement in the workforce.

(c)  It is further the finding of the Legislature that a program which duplicates as closely as possible free-work production and service operations in order to aid juveniles in adjustment after release and to prepare juveniles for gainful employment is in the best interest of the state, juveniles, and the general public.

(2)(a)  The department is strongly encouraged to require juveniles placed in a high-risk residential, a maximum-risk residential, or a serious/habitual offender program to participate in an educational or career-related program 5 hours per day, 5 days per week. All policies developed by the department relating to this requirement must be consistent with applicable federal, state, and local labor laws and standards, including all laws relating to child labor.

(b)  Nothing in this subsection is intended to restore, in whole or in part, the civil rights of any juvenile. No juvenile compensated under this subsection shall be considered as an employee of the state or the department, nor shall such juvenile come within any other provision of the Workers' Compensation Law.

(3)  In adopting or modifying master plans for juvenile work programs and educational and career training programs, and in the administration of the Department of Juvenile Justice, it shall be the objective of the department to develop:

(a)  Attitudes favorable to work, the work situation, and a law-abiding life in each juvenile employed in the juvenile work program.

(b)  Education and training opportunities that are reasonably broad, but which develop specific work skills.

(c)  Programs that motivate juveniles to use their abilities.

(d)  Education and training programs that will be of mutual benefit to all governmental jurisdictions of the state by reducing the costs of government to the taxpayers and which integrate all instructional programs into a unified curriculum suitable for all juveniles, but taking account of the different abilities of each juvenile.

(e)  A logical sequence of educational or career training, employment by the juvenile work programs, and postrelease job placement for juveniles participating in juvenile work programs.

(4)(a)  The Department of Juvenile Justice shall establish guidelines for the operation of juvenile educational and career-related programs, which shall include the following procedures:

1.  Participation in the educational and career-related programs shall be on a 5-day-per-week, 5-hour-per-day basis.

2.  The education, training, work experience, emotional and mental abilities, and physical capabilities of the juvenile and the duration of the term of placement imposed on the juvenile are to be analyzed before assignment of the juvenile into the various processes best suited for educational or career training.

3.  When feasible, the department shall attempt to obtain education or training credit for a juvenile seeking apprenticeship status or a high school diploma or its equivalent.

4.  The juvenile may begin in a general education and work skills program and progress to a specific work skills training program, depending upon the ability, desire, and education and work record of the juvenile.

5.  Modernization and upgrading of equipment and facilities should include greater automation and improved production techniques to expose juveniles to the latest technological procedures to facilitate their adjustment to real work situations.

(b)  Evaluations of juvenile educational and career-related programs shall be conducted according to the following guidelines:

1.  Systematic evaluations and quality assurance monitoring shall be implemented, in accordance with s. 985.632(1), (2), and (5), to determine whether the programs are related to successful postrelease adjustments.

2.  Operations and policies of the programs shall be reevaluated to determine if they are consistent with their primary objectives.

(c)  The department shall seek the advice of private labor and management to:

1.  Assist its work programs in the development of statewide policies aimed at innovation and organizational change.

2.  Obtain technical and practical assistance, information, and guidance.

3.  Encourage the cooperation and involvement of the private sector.

4.  Assist in the placement of youth into meaningful jobs upon release from the residential program.

(d)  The department and providers are strongly encouraged to work in partnership with local businesses and trade groups in the development and operation of educational and career programs.

(5)(a)  The Department of Juvenile Justice may adopt and put into effect an agricultural and industrial production and marketing program to provide training facilities for persons placed in serious/habitual offender, high-risk residential, and maximum-risk residential programs and facilities under the control and supervision of the department. The emphasis of this program shall be to provide juveniles with useful work experience and appropriate job skills that will facilitate their reentry into society and provide an economic benefit to the public and the department through effective utilization of juveniles.

(b)  The department is authorized to contract with the private sector for substantial involvement in a juvenile industry program which includes the operation of a direct private sector business within a juvenile facility and the hiring of juvenile workers. The purposes and objectives of this program shall be to:

1.  Increase benefits to the general public by reimbursement to the state for a portion of the costs of juvenile residential care.

2.  Provide purposeful work for juveniles as a means of reducing tensions caused by confinement.

3.  Increase job skills.

4.  Provide additional opportunities for rehabilitation of juveniles who are otherwise ineligible to work outside the facilities, such as maximum security juveniles.

5.  Develop and establish new models for juvenile facility-based businesses which create jobs approximating conditions of private sector employment.

6.  Draw upon the economic base of operations for disposition to the Crimes Compensation Trust Fund.

7.  Substantially involve the private sector with its capital, management skills, and expertise in the design, development, and operation of businesses.

(c)  Notwithstanding any other law to the contrary, including s. 440.15(8), private sector employers shall provide juveniles participating in juvenile work programs under paragraph (b) with workers' compensation coverage, and juveniles shall be entitled to the benefits of such coverage. Nothing in this subsection shall be construed to allow juveniles to participate in unemployment compensation benefits.

(6)  The department, working with providers, shall inventory juvenile vocational and work training programs in use in commitment programs across the state. The inventory shall list the commitment program, the type of vocational or work program offered, the relevant job skills provided, and which programs work with the trades industry to place youth in jobs upon release.

History.--s. 35, ch. 96-398; s. 59, ch. 97-238; s. 29, ch. 98-207; s. 32, ch. 99-284; s. 42, ch. 2000-135; s. 90, ch. 2000-158; s. 5, ch. 2001-185; s. 122, ch. 2002-1; s. 39, ch. 2003-412; s. 68, ch. 2004-357; s. 80, ch. 2006-120.

Note.--Former s. 39.05841; s. 985.315.