Bill Text: FL H7097 | 2010 | Regular Session | Introduced

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Bill Title: Juvenile Justice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages [H7097 Detail]

Download: Florida-2010-H7097-Introduced.html

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HB 7097

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 985.66,
3	F.S.; eliminating the Juvenile Justice Standards and
4	Training Commission; providing that the Department of
5	Juvenile Justice rather than the commission is responsible
6	for department program staff development and training;
7	detailing the minimum qualifications for department
8	program staff of the department and contract providers who
9	deliver direct-care services to children; defining the
10	term "department program staff"; amending s. 985.48, F.S.;
11	conforming a provision to the termination of the Juvenile
12	Justice Standards and Training Commission; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Section 985.66, Florida Statutes, is amended to
18	read:
19	985.66 Juvenile justice training academies; staff
20	development and training Juvenile Justice Standards and Training
21	Commission; Juvenile Justice Training Trust Fund.-
22	(1) LEGISLATIVE PURPOSE.-In order to enable the state to
23	provide a systematic approach to staff development and training
24	for judges, state attorneys, public defenders, law enforcement
25	officers, school district personnel, and department juvenile
26	justice program staff that will meet the needs of such persons
27	in their discharge of duties while at the same time meeting the
28	requirements for the American Correction Association
29	accreditation by the Commission on Accreditation for
30	Corrections, it is the purpose of the Legislature to require the
31	department to establish, maintain, and oversee the operation of
32	juvenile justice training academies in the state. The purpose of
33	the Legislature in establishing staff development and training
34	programs is to foster better staff morale and reduce
35	mistreatment and aggressive and abusive behavior in delinquency
36	programs; to positively impact the recidivism of children in the
37	juvenile justice system; and to afford greater protection of the
38	public through an improved level of services delivered by a
39	professionally trained department juvenile justice program staff
40	to children who are alleged to be or who have been found to be
41	delinquent.
42	(2) STAFF DEVELOPMENT AND TRAINING JUVENILE JUSTICE
43	STANDARDS AND TRAINING COMMISSION.-
44	(a) There is created under the Department of Juvenile
45	Justice the Juvenile Justice Standards and Training Commission,
46	hereinafter referred to as the commission. The 17-member
47	commission shall consist of the Attorney General or designee,
48	the Commissioner of Education or designee, a member of the
49	juvenile court judiciary to be appointed by the Chief Justice of
50	the Supreme Court, and 14 members to be appointed by the
51	Secretary of Juvenile Justice as follows:
52	1. Seven members shall be juvenile justice professionals:
53	a superintendent or a direct care staff member from an
54	institution; a director from a contracted community-based
55	program; a superintendent and a direct care staff member from a
56	regional detention center or facility; a juvenile probation
57	officer supervisor and a juvenile probation officer; and a
58	director of a day treatment or conditional release program. No
59	fewer than three of these members shall be contract providers.
60	2. Two members shall be representatives of local law
61	enforcement agencies.
62	3. One member shall be an educator from the state's
63	university and community college program of criminology,
64	criminal justice administration, social work, psychology,
65	sociology, or other field of study pertinent to the training of
66	juvenile justice program staff.
67	4. One member shall be a member of the public.
68	5. One member shall be a state attorney, or assistant
69	state attorney, who has juvenile court experience.
70	6. One member shall be a public defender, or assistant
71	public defender, who has juvenile court experience.
72	7. One member shall be a representative of the business
73	community.
74
75	All appointed members shall be appointed to serve terms of 2
76	years.
77	(b) The composition of the commission shall be broadly
78	reflective of the public and shall include minorities and women.
79	The term "minorities" as used in this paragraph means a member
80	of a socially or economically disadvantaged group that includes
81	blacks, Hispanics, and American Indians.
82	(c) The Department of Juvenile Justice shall provide the
83	commission with staff necessary to assist the commission in the
84	performance of its duties.
85	(d) The commission shall annually elect its chairperson
86	and other officers. The commission shall hold at least four
87	regular meetings each year at the call of the chairperson or
88	upon the written request of three members of the commission. A
89	majority of the members of the commission constitutes a quorum.
90	Members of the commission shall serve without compensation but
91	are entitled to be reimbursed for per diem and travel expenses
92	as provided by s. 112.061 and these expenses shall be paid from
93	the Juvenile Justice Training Trust Fund.
94	(e) The department powers, duties, and functions of the
95	commission shall be to:
96	(a)1. Designate the location of the training academies;
97	develop, implement, maintain, and update the curriculum to be
98	used in the training of department juvenile justice program
99	staff; establish timeframes for participation in and completion
100	of training by department juvenile justice program staff;
101	develop, implement, maintain, and update job-related
102	examinations; develop, implement, and update the types and
103	frequencies of evaluations of the training academies; approve,
104	modify, or disapprove the budget for the training academies, and
105	the contractor to be selected to organize and operate the
106	training academies and to provide the training curriculum.
107	(b)2. Establish uniform minimum job-related training
108	courses and examinations for department juvenile justice program
109	staff.
110	(c)3. Consult and cooperate with the state or any
111	political subdivision; any private entity or contractor; and
112	with private and public universities, colleges, community
113	colleges, and other educational institutions concerning the
114	development of juvenile justice training and programs or courses
115	of instruction, including, but not limited to, education and
116	training in the areas of juvenile justice.
117	(d)4. Enter into With the approval of the department, make
118	and enter into such contracts and agreements with other
119	agencies, organizations, associations, corporations,
120	individuals, or federal agencies as the commission determines
121	are necessary in the execution of the its powers of the
122	department or the performance of its duties.
123	5. Make recommendations to the Department of Juvenile
124	Justice concerning any matter within the purview of this
125	section.
126	(3) JUVENILE JUSTICE TRAINING PROGRAM.-The department
127	commission shall establish a certifiable program for juvenile
128	justice training pursuant to this section, and all department
129	program staff and providers who deliver direct care services
130	pursuant to contract with the department shall be required to
131	participate in and successfully complete the department-approved
132	commission-approved program of training pertinent to their areas
133	of responsibility. Judges, state attorneys, and public
134	defenders, law enforcement officers, and school district
135	personnel may participate in such training program. For the
136	department juvenile justice program staff, the department
137	commission shall, based on a job-task analysis:
138	(a) Design, implement, maintain, evaluate, and revise a
139	basic training program, including a competency-based
140	examination, for the purpose of providing minimum employment
141	training qualifications for all department program staff
142	juvenile justice personnel. All program staff of the department
143	and providers who deliver direct-care services who are hired
144	after October 1, 1999, must meet the following minimum
145	requirements:
146	1. Be at least 19 years of age.
147	2. Be a high school graduate or its equivalent as
148	determined by the department commission.
149	3. Not have been convicted of any felony or a misdemeanor
150	involving perjury or a false statement, or have received a
151	dishonorable discharge from any of the Armed Forces of the
152	United States. Any person who, after September 30, 1999, pleads
153	guilty or nolo contendere to or is found guilty of any felony or
154	a misdemeanor involving perjury or false statement is not
155	eligible for employment, notwithstanding suspension of sentence
156	or withholding of adjudication. Notwithstanding this
157	subparagraph, any person who pled nolo contendere to a
158	misdemeanor involving a false statement before October 1, 1999,
159	and who has had such record of that plea sealed or expunged is
160	not ineligible for employment for that reason.
161	4. Abide by all the provisions of s. 985.644(1) regarding
162	fingerprinting and background investigations and other screening
163	requirements for personnel.
164	5. Execute and submit to the department an affidavit-of-
165	application form, adopted by the department, attesting to his or
166	her compliance with subparagraphs 1.-4. The affidavit must be
167	executed under oath and constitutes an official statement under
168	s. 837.06. The affidavit must include conspicuous language that
169	the intentional false execution of the affidavit constitutes a
170	misdemeanor of the second degree. The employing agency shall
171	retain the affidavit.
172	(b) Design, implement, maintain, evaluate, and revise an
173	advanced training program, including a competency-based
174	examination for each training course, which is intended to
175	enhance knowledge, skills, and abilities related to job
176	performance.
177	(c) Design, implement, maintain, evaluate, and revise a
178	career development training program, including a competency-
179	based examination for each training course. Career development
180	courses are intended to prepare personnel for promotion.
181	(d) The department commission is encouraged to design,
182	implement, maintain, evaluate, and revise juvenile justice
183	training courses, or to enter into contracts for such training
184	courses, that are intended to provide for the safety and well-
185	being of both citizens and juvenile offenders.
186	(4) JUVENILE JUSTICE TRAINING TRUST FUND.-
187	(a) There is created within the State Treasury a Juvenile
188	Justice Training Trust Fund to be used by the department of
189	Juvenile Justice for the purpose of funding the development and
190	updating of a job-task analysis of department program staff
191	juvenile justice personnel; the development, implementation, and
192	updating of job-related training courses and examinations; and
193	the cost of commission-approved juvenile justice training
194	courses; and reimbursement for expenses as provided in s.
195	112.061 for members of the commission and staff.
196	(b) One dollar from every noncriminal traffic infraction
197	collected pursuant to ss. 318.14(10)(b) and 318.18 shall be
198	deposited into the Juvenile Justice Training Trust Fund.
199	(c) In addition to the funds generated by paragraph (b),
200	the trust fund may receive funds from any other public or
201	private source.
202	(d) Funds that are not expended by the end of the budget
203	cycle or through a supplemental budget approved by the
204	department shall revert to the trust fund.
205	(5) ESTABLISHMENT OF JUVENILE JUSTICE TRAINING ACADEMIES.-
206	The number, location, and establishment of juvenile justice
207	training academies shall be determined by the department
208	commission.
209	(6) SCHOLARSHIPS AND STIPENDS.-
210	(a) By rule, the department commission shall establish
211	criteria to award scholarships or stipends to qualified
212	department program staff juvenile justice personnel who are
213	residents of the state who want to pursue a bachelor's or
214	associate in arts degree in juvenile justice or a related field.
215	The department shall handle the administration of the
216	scholarship or stipend. The Department of Education shall handle
217	the notes issued for the payment of the scholarships or
218	stipends. All scholarship and stipend awards shall be paid from
219	the Juvenile Justice Training Trust Fund upon vouchers approved
220	by the Department of Education and properly certified by the
221	Chief Financial Officer. Prior to the award of a scholarship or
222	stipend, the department program staff juvenile justice employee
223	must agree in writing to practice her or his profession in
224	juvenile justice or a related field for 1 month for each month
225	of grant or to repay the full amount of the scholarship or
226	stipend together with interest at the rate of 5 percent per
227	annum over a period not to exceed 10 years. Repayment shall be
228	made payable to the state for deposit into the Juvenile Justice
229	Training Trust Fund.
230	(b) The department commission may establish the
231	scholarship program by rule and implement the program on or
232	after July 1, 1996.
233	(7) ADOPTION OF RULES.-The department commission shall
234	adopt rules as necessary to administer carry out the provisions
235	of this section.
236	(8) PARTICIPATION OF CERTAIN PROGRAMS IN THE STATE RISK
237	MANAGEMENT TRUST FUND.-Pursuant to s. 284.30, the Division of
238	Risk Management of the Department of Financial Services is
239	authorized to insure a private agency, individual, or
240	corporation operating a state-owned training school under a
241	contract to carry out the purposes and responsibilities of any
242	program of the department. The coverage authorized herein shall
243	be under the same general terms and conditions as the department
244	is insured for its responsibilities under chapter 284.
245	(9) DEPARTMENT PROGRAM STAFF DEFINED.-As used in this
246	section, the term "department program staff" means supervisory
247	and direct care staff of a delinquency program as well as
248	support staff who have direct contact with children in a
249	delinquency program that is owned and operated by the department
250	The Juvenile Justice Standards and Training Commission is
251	terminated on June 30, 2001, and such termination shall be
252	reviewed by the Legislature prior to that date.
253	Section 2. Subsection (8) of section 985.48, Florida
254	Statutes, is amended to read:
255	985.48 Juvenile sexual offender commitment programs;
256	sexual abuse intervention networks.-
257	(8) The department Juvenile Justice Standards and Training
258	Commission shall establish criteria for training all contract
259	and department staff or provide a special training program for
260	contract and department staff to effectively manage and provide
261	services and treatment to a juvenile sexual offender in a
262	juvenile sexual offender program.
263	Section 3. This act shall take effect July 1, 2010.

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