985.483  Intensive residential treatment program for offenders less than 13 years of age.--

(1)  CRITERIA.--A "child eligible for an intensive residential treatment program for offenders less than 13 years of age" 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 less than 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 less than 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 once to a delinquency commitment program.

(c)  The child is less than 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(5), the court shall determine whether the child is eligible for an intensive residential treatment program for offenders less than 13 years of age under subsection (1). If the court determines that the child does not meet the 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 intensive residential treatment program for offenders less than 13 years of age 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 an intensive residential treatment program for offenders less than 13 years of age 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.--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 child who is eligible for an intensive residential treatment program for offenders less than 13 years of age, or placement in the adult correctional system.

If treatment provided by an intensive residential treatment program for offenders less than 13 years of age is determined to be appropriate and needed and placement is available, the juvenile probation officer and the court shall identify the appropriate intensive residential treatment program for offenders less than 13 years of age 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 an intensive residential treatment program for offenders less than 13 years of age 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 an intensive residential treatment program for offenders less than 13 years of age is appropriate, the court may commit the child to the department for placement in the restrictiveness level designated for intensive residential treatment program for offenders less than 13 years of age.

(7)  DURATION OF COMMITMENT.--Any commitment of a child to the department for placement in an intensive residential treatment program for offenders less than 13 years of age 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. Any child who has not completed the residential portion of the intensive residential treatment program for offenders less than 13 years of age by his or her fourteenth birthday may be transferred to another program for committed delinquent offenders.

(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 for intensive residential treatment programs for offenders less than 13 years of age 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 intensive offenders less than 13 years of age.

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, the Auditor General, and the Office of Program Policy Analysis and Government Accountability 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)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR OFFENDERS UNDER AGE 13.--

(a)  There is created the intensive residential treatment program for offenders less than 13 years of age. 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.  Life skills.

4.  Values clarification.

5.  Case management services.

6.  Educational services, including special and remedial education.

7.  Recreational and leisure time activities.

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

9.  Intensive conditional release supervision.

10.  Graduated reentry into the community.

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

12.  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.

(e)  The department shall establish quality assurance standards to ensure the quality and substance of mental health services provided to children with mental, nervous, or emotional disorders who may be committed to intensive residential treatment programs. The quality assurance standards shall address the possession of credentials by the mental health service providers.

(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 children who are eligible for an intensive residential treatment program for offenders less than 13 years of age. The department must involve the following groups in the promulgation of rules for services for this population: 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. When promulgating these rules, the department must consider program principles, components, standards, procedures for intake, diagnostic and assessment activities, treatment modalities, and case management.

(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 an intensive offender less than 13 years of age under this chapter.

(e)  The following provisions shall apply to children in an intensive residential treatment program for offenders less than 13 years of age:

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)  Under this section, the department shall implement the comprehensive assessment instrument for the treatment needs of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age 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 child who is eligible for an intensive residential treatment program for offenders less than 13 years of age shall become a part of that child's permanent 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 authorized 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 child who is eligible for an intensive residential treatment program for offenders less than 13 years of age 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 child who is eligible for an intensive residential treatment program for offenders less than 13 years of age 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 as provided in s. 985.04 shall apply to the assessment and treatment records of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age.

(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 each child it treats in the intensive residential treatment program for offenders less than 13 years of age.

(m)  The file of each child treated in the intensive residential treatment program for offenders less than 13 years of age 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 intensive residential treatment programs for offenders less than 13 years of age and the monitoring and evaluation thereof.

(o)  The department is responsible for the development and maintenance of a statewide automated tracking system for children who are treated in an intensive residential treatment program for offenders less than 13 years of age.

(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 an intensive residential treatment program for offenders less than 13 years of age 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 children who are eligible for an intensive residential treatment program for offenders less than 13 years of age shall be determined by the department. The department is authorized to contract for the provision of security.

(d)  With respect to the treatment of children who are eligible for an intensive residential treatment program for offenders less than 13 years of age 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. 3, ch. 92-287; s. 58, ch. 93-268; s. 224, ch. 95-147; s. 2, ch. 95-152; s. 2, ch. 95-256; s. 10, ch. 96-398; s. 15, ch. 96-406; s. 23, ch. 97-95; ss. 3, 55, ch. 97-238; s. 2, ch. 98-55; s. 23, ch. 98-207; s. 135, ch. 99-3; s. 14, ch. 99-201; ss. 9, 28, ch. 99-284; ss. 18, 39, ch. 2000-135; s. 138, ch. 2001-266; ss. 1, 21, ch. 2005-263; s. 7, ch. 2006-62; s. 59, ch. 2006-120; s. 165, ch. 2007-5.

Note.--Subsection (1) former s. 985.03(7). Subsections (2)-(7) former s. 39.0582(3)(e)-(i), (k); s. 985.311(3)(e)-(i), (k). Subsections (8), (9) former s. 39.0582(1), (2); s. 985.311(1), (2). Paragraphs (10)(a)-(d) former s. 39.0582(3)(a)-(d); s. 985.311(3)(a)-(d). Paragraph (10)(e) former s. 39.0582(3)(j); s. 985.311(3)(j). Subsections (11), (12) former s. 39.0582(4), (5); s. 985.311(4), (5).

985.486  Intensive residential treatment programs for offenders less than 13 years of age; prerequisite for commitment.--No child who is eligible for commitment to an intensive residential treatment program for offenders less than 13 years of age as established in ¹s. 985.483(1), may be committed to any intensive residential treatment program for offenders less than 13 years of age as established in s. 985.483, unless such program has been established by the department through existing resources or specific appropriation, for such program.

History.--s. 26, ch. 92-287; s. 3, ch. 95-152; s. 16, ch. 95-267; s. 11, ch. 96-398; s. 56, ch. 97-238; s. 29, ch. 99-284; s. 40, ch. 2000-135; s. 60, ch. 2006-120.

¹Note.--Section 985.483(1) lists criteria for meeting the definition of a "child eligible for an intensive residential treatment program for offenders less than 13 years of age."

Note.--Former s. 39.0583; s. 985.312.

985.4891  Sheriff's training and respect programs.--

(1)(a)  For purposes of this section, the term "agency" means a county or municipal law enforcement agency.

(b)  Contingent upon specific appropriation, local funding, or specific appropriation and local funding, an agency may, under contract with the department, implement and operate a sheriff's training and respect program to provide intensive education, physical training, and rehabilitation for children who are eligible under subsection (2). A sheriff's training and respect program shall be under the agency's supervisory authority as determined by the contract between the department and the agency.

(2)  A child is eligible for placement in a sheriff's training and respect program if he or she:

(a)  Is at least 14 years of age but less than 18 years of age at the time of adjudication.

(b)  Has been committed to the department for any offense that, if committed by an adult, would be a felony other than a capital felony, a life felony, or a violent felony of the first degree.

(c)  Is physically examined by a physician licensed under chapter 458 or chapter 459 or an advanced registered nurse practitioner licensed and certified under chapter 464.

(d)  Has a physical, psychological, and substance abuse profile that is conducive to successful completion of the program, as determined by the agency's and department's review of the preadmission physical examination under paragraph (c) and of preadmission psychological and substance abuse screenings, which must be conducted or ordered to be conducted by the department.

(e)  Will be placed in the judicial circuit in which the child was adjudicated or, if there is no sheriff's training and respect program in that judicial circuit, the child may be placed in the judicial circuit nearest to the judicial circuit in which he or she was adjudicated which has a sheriff's training and respect program.

(3)  A sheriff's training and respect program shall require children to:

(a)  Receive a written, easily understandable statement that sets forth, and a verbal description of, their rights under this section. At the time of admission into the sheriff's training and respect program, each child must acknowledge in writing his or her receipt and understanding of the written statement and verbal description.

(b)  Participate in physical training exercises.

(c)  Complete educational, vocational, community service, and substance abuse programs.

(d)  Receive training in life and job skills and in techniques for appropriate decisionmaking.

(e)  Receive counseling that is directed at replacing criminal thinking, beliefs, and values with moral thinking, beliefs, and values.

(4)  A sheriff's training and respect program must provide for youth medical treatment needs by a physician licensed under chapter 458 or chapter 459, an advanced registered nurse practitioner licensed and certified under chapter 464, or a registered nurse licensed under chapter 464 who works daily between the hours of 7:00 a.m. and 9:00 p.m. and must provide for on-call access to at least one such medical professional at all other times.

(5)  A sheriff's training and respect program shall be a moderate-risk residential program and must provide conditional release assessment and services in accordance with s. 985.46. The minimum period of participation in the residential component of a sheriff's training and respect program is 4 months; however, this subsection does not prohibit operation of a program that requires the participants to spend more than 4 months in the residential component of the program or that requires the participants to complete two sequential programs of 4 months each in the residential component of the program.

(6)  Staff in a sheriff's training and respect program who exercise direct care, as defined in s. 985.645, shall comply with the Protective Action Response policy established in department rules adopted under s. 985.645(2)(a).

(7)  The department shall adopt rules under ss. 120.536(1) and 120.54 for the sheriff's training and respect program that specify:

(a)  Requirements for the preadmission physical examinations and psychological and substance abuse screenings required by subsection (2).

(b)  Authorized disciplinary sanctions and restrictions on the privileges of the general population of children in the program.

(c)  Prohibitions on the use of harmful psychological intimidation techniques. For purposes of this section, the term "harmful psychological intimidation techniques":

1.  Includes the following actions when intentionally used as a therapeutic or training technique or as a means to encourage compliance with program requirements:

a.  The threat of physical force or violence.

b.  An intentional attempt to humiliate or embarrass a child.

c.  An intentional attempt to diminish a child's self-confidence or otherwise psychologically break a child's will.

d.  Any action that would be considered child abuse or neglect under chapter 39 or chapter 827.

2.  Does not include the following actions:

a.  Direct and forceful communication to a child of program requirements or legitimate performance expectations prior to or during participation in program activities, including positive, active encouragement of children engaged in physical training exercises.

b.  Communication necessary to inform a child of noncompliance with program requirements or appropriate actions to remediate such noncompliance.

c.  Communication necessary to inform a child of poor performance or appropriate actions to remediate such poor performance.

d.  Communications or other actions necessary to maintain order or safety in a program.

e.  Any lawful and reasonable communications or actions that are permissible for parents, other juvenile justice programs, school officials, or other adults who have custody of or supervisory responsibilities for children.

(d)  Requirements for provision of notice by the program to the department and for the removal of a child from the program if the child becomes unmanageable or ineligible for the program due to changes in his or her physical, psychological, or substance abuse profile.

(e)  Requirements for the prominent display of the telephone number of the statewide abuse registry and for immediate access by children in the program, upon request, to a telephone for the purpose of contacting the statewide abuse registry, the public defender's office, his or her attorney, or a law enforcement agency.

(f)  Requirements for the delivery of a copy of each child's exit statement under subsection (10) to the department by facsimile or electronic mail.

(8)(a)  Evaluations under s. 985.632(5) of each sheriff's training and respect program shall be conducted quarterly during the first year of the program's operation. Thereafter, if the program met the minimum thresholds during its most recent evaluation, the program shall be evaluated at least once annually. If a sheriff's training and respect program fails to meet the minimum thresholds, the department shall cancel the contract for the program:

1.  Immediately if the program has a deficiency in a critical lifesafety aspect of its operations, as defined in department rule, or has failed to train its staff as required under subsection (9).

2.  If the program fails to achieve compliance with the minimum thresholds within 3 months, unless there are documented extenuating circumstances, as defined in department rule.

(b)  Upon cancellation of a contract under paragraph (a), the program's operations shall immediately cease and the department shall immediately discontinue any state payments to the program.

(9)(a)  The department shall adopt rules under ss. 120.536(1) and 120.54 that establish training requirements that must be completed by staff in a sheriff's training and respect program within 90 calendar days following the person's date of hire, and that must, at a minimum, require:

1.  Administrative staff to successfully complete 120 contact hours of department-approved training.

2.  Staff who provide direct care, as defined in s. 985.645 to be:

a.  Certified correctional, correctional probation, or law enforcement officers under chapter 943 and to receive at least 20 hours of department-approved training in the Protective Action Response policy established in department rules adopted under s. 985.645(2)(a); or

b.  Certified in protective action response under s. 985.645(2)(b)-(e) and to successfully complete 200 contact hours of department-approved training, which must include, but is not limited to, training on:

(I)  State and federal laws relating to child abuse.

(II)  Authorized disciplinary sanctions and privilege restrictions under paragraph (7)(b) and prohibited harmful psychological intimidation techniques under paragraph (7)(c).

(III)  Appropriate counseling techniques and aggression control methods.

(IV)  Appropriate methods for dealing with children who have been placed in programs that emphasize physical fitness and personal discipline, including training on the identification of, and appropriate responses to, children who are experiencing physical or mental distress.

(V)  Cardiopulmonary resuscitation, choke-relief, and other emergency medical procedures.

(b)  All department-approved training courses under this subsection must be taught by one or more persons who are certified as, or who have completed the necessary education and training to be, an instructor for the course being taught. A training course in counseling techniques must be taught by a person who has at least a bachelor's degree in social work, counseling, psychology, or a related field.

(c)  A person who exercises direct care, as defined in s. 985.645, in a sheriff's training and respect program prior to successful completion of the training requirements in this subsection must be directly supervised by a person who has successfully completed the training requirements in this subsection.

(10)  Prior to release of a child from a sheriff's training and respect program, the child:

(a)  Must be physically examined by a physician licensed under chapter 458 or chapter 459 or an advanced registered nurse practitioner licensed and certified under chapter 464. Any evidence of abuse as defined in s. 39.01(2) must be documented and immediately reported by the examiner to the statewide abuse registry and the department.

(b)  Must sign an exit statement indicating whether his or her rights under this section were observed and whether he or she was subjected to any abuse as defined in s. 39.01(2), harmful psychological intimidation techniques, or violations of the Protective Action Response policy established in department rules adopted under s. 985.645(2)(a). Any allegation by the child that:

1.  He or she was subjected to abuse as defined in s. 39.01(2) in the sheriff's training and respect program must be investigated by the Department of Children and Family Services under s. 39.302.

2.  His or her rights under this section were not observed or that he or she was subjected to harmful psychological intimidation techniques or to violations of the department's Protective Action Response policy must be investigated by the department's Inspector General.

(c)  The sheriff's training and respect program shall deliver a copy of each child's exit statement at the time it is executed to:

1.  The department in the manner prescribed under paragraph (7)(f).

2.  The statewide abuse registry if it contains any allegation of abuse as defined in s. 39.01(2).

(11)  The department must:

(a)  Maintain records for each sheriff's training and respect program participant and shall monitor his or her recidivism, educational progress, and employment placement for at least 1 year following his or her release from the program. Recidivism statistics shall indicate the degree and severity of the criminal activity.

(b)  Annually publish an outcome evaluation study of each sheriff's training and respect program that includes recidivism statistics.

(12)  Children shall not be admitted to a sheriff's training and respect program until the department has adopted the rules required by this section and has verified that each program is in compliance with all laws and rules applicable to the program. The department may adopt emergency rules pursuant to s. 120.54(4) if necessary to allow operation of sheriff's training and respect programs beginning July 1, 2006.

History.--s. 6, ch. 2006-62.

985.494  Commitment programs for juvenile felony offenders.--

(1)  Notwithstanding any other law and regardless of the child's age, a child who is adjudicated delinquent, or for whom adjudication is withheld, for an act that would be a felony if committed by an adult, shall be committed to:

(a)  A sheriff's training and respect program under s. 985.4891 if the child has participated in an early delinquency intervention program as provided in s. 985.61.

(b)  A program for serious or habitual juvenile offenders under s. 985.47 or an intensive residential treatment program for offenders less than 13 years of age under s. 985.483, if the child has participated in an early delinquency intervention program and has completed a sheriff's training and respect program.

(c)  A maximum-risk residential program, if the child has participated in an early delinquency intervention program, has completed a sheriff's training and respect program, and has completed a program for serious or habitual juvenile offenders or an intensive residential treatment program for offenders less than 13 years of age. The commitment of a child to a maximum-risk residential program must be for an indeterminate period, but may not exceed the maximum term of imprisonment that an adult may serve for the same offense.

(2)  In committing a child to the appropriate program, the court may consider an equivalent program of similar intensity as being comparable to a program required under subsection (1).

History.--s. 48, ch. 94-209; s. 12, ch. 96-398; s. 58, ch. 97-238; s. 11, ch. 2006-62; s. 62, ch. 2006-120.