Bill Text: FL H0895 | 2010 | Regular Session | Introduced

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Bill Title: Juvenile Justice Standards and Training Commission

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-09 - Withdrawn from Criminal & Civil Justice Policy Council; Withdrawn from further consideration -HJ 00229 [H0895 Detail]

Download: Florida-2010-H0895-Introduced.html

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HB 895

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

CODING: Words stricken are deletions; words underlined are additions.