Bill Text: FL H0333 | 2011 | Regular Session | Comm Sub

Bill Title: Community-based Juvenile Justice

Spectrum: Slight Partisan Bill (Republican 5-1-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0333 Detail]

Download: Florida-2011-H0333-Comm_Sub.html
CS/HB 333

A bill to be entitled
2An act relating to community-based juvenile justice;
3creating s. 985.665, F.S.; requiring the Department of
4Juvenile Justice to establish community-based juvenile
5justice pilot programs in specified judicial circuits;
6providing the purpose of the pilot programs; requiring the
7department to contract with specified entities to serve as
8the regional coordinating agency for each pilot program;
9providing contract requirements; requiring the department
10to award contracts in accordance with s. 287.057, F.S., to
11entities that meet specified requirements; requiring the
12department to establish a quality assurance program;
13requiring the department to establish minimum thresholds
14for services provided by the pilot program; requiring the
15department to ensure pilot program services are delivered
16in accordance with state and federal laws and regulations;
17requiring the department to annually evaluate regional
18coordinating agencies; requiring the department to
19establish and operate a system to measure and annually
20report specified information and make recommendations to
21specified entities; providing that the department retains
22responsibility for the quality of the pilot program
23services; requiring the regional coordinating agency to
24comply with statutes and regulations when providing
25contractual services; requiring regional coordinating
26agencies to contract with providers who meet specified
27requirements; specifying that regional coordinating
28agencies and contracted providers will be treated as the
29state and its agencies and subdivisions for sovereign
30immunity purposes; requiring the department to annually
31submit a report to specified entities regarding quality
32performance, outcome measure attainment, and cost
33efficiency for each pilot program; providing for
34inapplicability of specified provisions to existing
35contracts; providing an effective date.
37     WHEREAS, 94 percent of Florida youth grow up to be
38productive citizens, but the 6 percent of Florida youth that
39become delinquent cost the state of Florida an average of $5,200
40per child annually according to 2008 statistics, and
41     WHEREAS, according to national studies, 27 percent of
42abused or neglected children become delinquent, and
43     WHEREAS, one of the most effective ways to reduce
44delinquency is to prevent child abuse, abandonment, and neglect,
46     WHEREAS, Florida's juvenile commitment programs have a 39
47percent recidivism rate within 1 year, and
48     WHEREAS, the Department of Juvenile Justice shows that 59
49percent of the juveniles being rearrested offend within 120 days
50after being released, revealing a critical transition period
51currently not being addressed, and
52     WHEREAS, the State of Washington undertook a study which
53demonstrated that a significant level of future prison
54construction can be avoided, taxpayer dollars can be saved, and
55crime rates can be reduced by a portfolio of evidence-based
56youth service options, and
57     WHEREAS, it has been proven that at-risk youth benefit from
58a comprehensive approach through coordination of intensive
59prevention, diversion, and family services, and
60     WHEREAS, local management fosters all these approaches,
61ensures stronger relationships between providers and the family,
62and allows providers to assist in strengthening relationships
63between the child and the family, and
64     WHEREAS, instead of competing for funding, prevention,
65diversion, and juvenile justice services should cooperate with
66the goal of keeping youth out of juvenile detention, NOW,
69Be It Enacted by the Legislature of the State of Florida:
71     Section 1.  Section 985.665, Florida Statutes, is created
72to read:
73     985.665  Community-based juvenile justice; pilot program.-
74     (1)  The department is directed to establish community-
75based juvenile justice pilot programs in the 2nd, 6th, and 11th
76judicial circuits. Each pilot program must be established during
77the 2011-2012 fiscal year and must operate for 2 years. The
78purpose of the programs is to:
79     (a)  Provide local communities the flexibility to assess
80and more readily address juvenile justice needs.
81     (b)  Provide juveniles a continuum of services that are
82located in the juveniles' home communities and managed by a
83regional coordinating agency.
84     (c)  Provide enhanced juvenile justice service
86     (d)  Promote greater involvement and engagement by a
87juvenile's family and community.
88     (e)  Result in better outcomes for juveniles and provide
89significant economic and operational efficiencies.
90     (2)(a)  By December 1, 2011, the department shall contract
91with a nonprofit or county government agency to serve as the
92regional coordinating agency for each pilot program. The
93contract shall:
94     1.  Require the regional coordinating agency to provide, or
95contract with community-based service providers to provide, the
96full continuum of juvenile justice services in the judicial
97circuit in which the pilot program is located. These services
98include, but are not limited to, prevention services,
99intervention services, assessment centers, diversion programs,
100civil citation programs, alternatives to detention, community-
101based treatment programs, probation services, detention
102services, home detention, day treatment, independent living,
103evidence-based programs, and residential programs.
104     2.  Require the regional coordinating agency to administer
105and manage the full continuum of juvenile justice services in
106the judicial circuit in which the pilot program is located.
107     3.  Require the department to transfer all funding
108associated with the administration and provision of services
109described in subparagraph 1. to the regional coordinating
110agency, less those funds the department needs to provide and
111coordinate management of quality assurance and oversight.
112     4.  Require the regional coordinating agency to thoroughly
113analyze and report to the department the complete direct and
114indirect costs of administering and providing the services
115described in subparagraph 1.
116     (b)  The department shall award each contract in accordance
117with the competitive bidding requirements in s. 287.057 to a
118nonprofit or county government agency that:
119     1.  Is located within the judicial circuit being served by
120the pilot program.
121     2.  Possesses the organizational infrastructure and
122financial capacity to administer and provide the services
123described in subparagraph (a)1.
124     3.  Can ensure continuity of care from entry to exit for
125all juveniles referred by law enforcement agencies, the court
126system, and other referral sources.
127     4.  Has the ability to contract with local providers to
128create a network of juvenile justice services.
129     5.  Can ensure that each individual who provides juvenile
130justice services has successfully completed any training
131required by the department.
132     6.  Is willing to accept accountability for meeting the
133outcomes and performance standards related to juvenile justice
134established by the Legislature and the Federal Government.
135     7.  Has a board of directors, of which at least 75 percent
136of the membership is comprised of persons residing within the
137judicial circuit being served by the pilot program.
138     (3)  The department shall:
139     (a)  In partnership with an objective, competent entity,
140establish a quality assurance program. The quality assurance
141program must include national standards for each specific
142component of services that are part of a regional coordinating
143agency's continuum of juvenile justice services.
144     (b)  In consultation with the regional coordinating agency,
145establish minimum thresholds for each of the services that are
146part of the agency's juvenile justice service continuum.
147     (c)  Ensure that regional coordinating agencies and the
148local providers who contract with regional coordinating agencies
149deliver services in accordance with applicable federal and state
150laws and regulations.
151     (d)  Annually evaluate each regional coordinating agency
152using the provisions of the quality assurance program.
153     (e)  Establish and operate a comprehensive system to
154measure and report annually the outcomes and effectiveness of
155the services described in subparagraph (2)(a)1. The department
156shall use these findings in making recommendations to the
157Governor and the Legislature for future program and funding
158priorities in the juvenile justice system.
159     (f)  Retain responsibility for the quality of the services
160that are part of a regional coordinating agency's juvenile
161justice service continuum.
162     (4)  The regional coordinating agency must comply with
163statutory requirements and department regulations in the
164provision of contractual services. Each regional coordinating
165agency must contract with providers meeting the current
166department standards under this chapter.
167     (5)  With respect to the treatment of juvenile offenders
168under this section, regional coordinating agencies and local
169providers who contract with regional coordinating agencies shall
170be treated as the state and its agencies and subdivisions for
171liability purposes under s. 768.28.
172     (6)  No later than January 31 of each year, beginning in
1732013, the department shall submit a report regarding quality
174performance, outcome measure attainment, and cost efficiency for
175each pilot program in operation during the preceding fiscal year
176to the President of the Senate, the Speaker of the House of
177Representatives, and the Governor.
178     Section 2.  Section 985.665(2), Florida Statutes, as
179created by this act, does not affect the right of the Department
180of Juvenile Justice to maintain any statewide contract with a
181provider in existence on the effective date of this act.
182     Section 3.  This act shall take effect July 1, 2011.

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