Bill Text: FL S1864 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Juvenile Justice [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal and Civil Justice Appropriations [S1864 Detail]

Download: Florida-2010-S1864-Introduced.html

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       Florida Senate - 2010                                    SB 1864 
        
       By Senator Baker 
       20-01578-10                                           20101864__ 
    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.; 
    4         eliminating the Juvenile Justice Standards and 
    5         Training Commission; providing that the Department of 
    6         Juvenile Justice rather than the commission is 
    7         responsible for staff development and training; 
    8         amending s. 985.48, F.S.; conforming a provision to 
    9         the termination of the Juvenile Justice Standards and 
   10         Training Commission; providing an effective 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: a 
   50  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 state 
   66  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 and 
   83  other officers. The commission shall hold at least four regular 
   84  meetings each year at the call of the chairperson or upon the 
   85  written request of three members of the commission. A majority 
   86  of the members of the commission constitutes a quorum. Members 
   87  of the commission shall serve without compensation but are 
   88  entitled to be reimbursed for per diem and travel expenses as 
   89  provided by s. 112.061 and these expenses shall be paid from the 
   90  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 political 
  107  subdivision; any private entity or contractor; and with private 
  108  and public universities, colleges, community colleges, and other 
  109  educational institutions concerning the development of juvenile 
  110  justice training and programs or courses of instruction, 
  111  including, but not limited to, education and training in the 
  112  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 scholarship 
  225  program by rule and implement the program on or after July 1, 
  226  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; sexual 
  247  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.