Bill Text: FL S1550 | 2010 | Regular Session | Introduced

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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 Justice [S1550 Detail]

Download: Florida-2010-S1550-Introduced.html

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Florida Senate - 2010                                    SB 1550 
 
By Senator Wise 
5-00821-10                                            20101550__ 
1                        A bill to be entitled 
2         An act relating to juvenile justice; amending s. 
3         985.35, F.S.; requiring the Department of Juvenile 
4         Justice to adopt rules governing the procedures that 
5         may be used to restrain a child upon his or her 
6         arrival at the courthouse and the length of time a 
7         child may be placed in isolation; requiring the 
8         department to comply with the Protective Action 
9         Response policy whenever mechanical restraints are 
10         used; amending s. 985.483, F.S.; conforming a cross 
11         reference; amending s. 985.664, F.S.; requiring that a 
12         juvenile justice circuit board and a juvenile justice 
13         county council be established in each judicial circuit 
14         and county, respectively; providing a purpose for each 
15         board and council; requiring the Children and Youth 
16         Cabinet to monitor the comprehensive plan of each 
17         circuit; requiring a circuit board and county council 
18         to enter into a written county or circuit interagency 
19         agreement specifying the nature and extent of 
20         contributions that each signatory agency will make in 
21         order to achieve the goals of the county or circuit 
22         plan; specifying the parties that must be included in 
23         the interagency agreement; providing for the sharing 
24         of information useful in carrying out the goals of the 
25         interagency agreement; requiring each circuit board to 
26         prepare an annual report; requiring the annual 
27         legislative budget request to reflect the needs of 
28         each board and council; providing for membership on 
29         the circuit board; requiring the Secretary of Juvenile 
30         Justice to attend quarterly meetings with the 
31         chairpersons of the county councils and circuit 
32         boards; providing for the content of the meetings; 
33         providing for reimbursement for nongovernmental 
34         members of circuit boards and county councils; 
35         requiring the department to provide legal counsel to 
36         advise boards and councils; requiring each circuit 
37         board and county council to use due diligence to 
38         encourage community participation by using community 
39         outreach outlets; amending s. 985.668 F.S.; requiring 
40         the department to encourage circuit boards and county 
41         councils to propose at least one innovation zone; 
42         amending s. 985.676, F.S.; providing that certain 
43         specified criteria be used when awarding community 
44         juvenile justice partnership grants; allowing the 
45         department to extend indefinitely the funding period 
46         of a grant under specified circumstances; providing an 
47         effective date. 
48 
49  Be It Enacted by the Legislature of the State of Florida: 
50 
51         Section 1. Section 985.35, Florida Statutes, is amended to 
52  read: 
53         985.35 Adjudicatory hearings; withheld adjudications; 
54  orders of adjudication.— 
55         (1) The adjudicatory hearing must be held as soon as 
56  practicable after the petition alleging that a child has 
57  committed a delinquent act or violation of law is filed and in 
58  accordance with the Florida Rules of Juvenile Procedure; but 
59  reasonable delay for the purpose of investigation, discovery, or 
60  procuring counsel or witnesses shall be granted. If the child is 
61  being detained, the time limitations in s. 985.26(2) and (3) 
62  apply. The department shall adopt rules governing the procedures 
63  for restraining a child upon his or her arrival at the 
64  courthouse. The rules must describe when a mechanical device may 
65  be used and how long a child may be placed in isolation. 
66         (2) Adjudicatory hearings must shall be conducted without a 
67  jury by the court, applying in delinquency cases the rules of 
68  evidence in use in criminal cases; adjourning the hearings from 
69  time to time as necessary; and conducting a fundamentally fair 
70  hearing in language understandable, to the fullest extent 
71  practicable, to the child before the court. 
72         (a) In a hearing on a petition alleging that a child has 
73  committed a delinquent act or violation of law, the evidence 
74  must establish the findings beyond a reasonable doubt. 
75         (b) The child is entitled to the opportunity to introduce 
76  evidence and otherwise be heard in the child’s own behalf and to 
77  cross-examine witnesses. 
78         (c) A child charged with a delinquent act or violation of 
79  law must be afforded all rights against self-incrimination. 
80  Evidence illegally seized or obtained may not be received to 
81  establish the allegations against the child. 
82         (3) The department must comply with the Protective Action 
83  Response policy adopted pursuant to s. 985.645(2) whenever 
84  mechanical restraints are used. 
85         (4)(3) If the court finds that the child named in a 
86  petition has not committed a delinquent act or violation of law, 
87  it shall enter an order so finding and dismissing the case. 
88         (5)(4) If the court finds that the child named in the 
89  petition has committed a delinquent act or violation of law, it 
90  may, in its discretion, enter an order stating the facts upon 
91  which its finding is based but withholding adjudication of 
92  delinquency. 
93         (a) Upon withholding adjudication of delinquency, the court 
94  may place the child in a probation program under the supervision 
95  of the department or under the supervision of any other person 
96  or agency specifically authorized and appointed by the court. 
97  The court may, as a condition of the program, impose as a 
98  penalty component restitution in money or in kind, community 
99  service, a curfew, urine monitoring, revocation or suspension of 
100  the driver’s license of the child, or other nonresidential 
101  punishment appropriate to the offense, and may impose as a 
102  rehabilitative component a requirement of participation in 
103  substance abuse treatment, or school or other educational 
104  program attendance. 
105         (b) If the child is attending public school and the court 
106  finds that the victim or a sibling of the victim in the case was 
107  assigned to attend or is eligible to attend the same school as 
108  the child, the court order shall include a finding pursuant to 
109  the proceedings described in s. 985.455, regardless of whether 
110  adjudication is withheld. 
111         (c) If the court later finds that the child has not 
112  complied with the rules, restrictions, or conditions of the 
113  community-based program, the court may, after a hearing to 
114  establish the lack of compliance, but without further evidence 
115  of the state of delinquency, enter an adjudication of 
116  delinquency and shall thereafter have full authority under this 
117  chapter to deal with the child as adjudicated. 
118         (6)(5) If the court finds that the child named in a 
119  petition has committed a delinquent act or violation of law, but 
120  elects not to proceed under subsection (5) (4), it shall 
121  incorporate that finding in an order of adjudication of 
122  delinquency entered in the case, briefly stating the facts upon 
123  which the finding is made, and the court shall thereafter have 
124  full authority under this chapter to deal with the child as 
125  adjudicated. 
126         (7)(6) Except as the term “conviction” is used in chapter 
127  322, and except for use in a subsequent proceeding under this 
128  chapter, an adjudication of delinquency by a court with respect 
129  to any child who has committed a delinquent act or violation of 
130  law shall not be deemed a conviction; nor shall the child be 
131  deemed to have been found guilty or to be a criminal by reason 
132  of that adjudication; nor shall that adjudication operate to 
133  impose upon the child any of the civil disabilities ordinarily 
134  imposed by or resulting from conviction or to disqualify or 
135  prejudice the child in any civil service application or 
136  appointment, with the exception of the use of records of 
137  proceedings under this chapter as provided in s. 985.045(4). 
138         (8)(7) Notwithstanding any other provision of law, an 
139  adjudication of delinquency for an offense classified as a 
140  felony shall disqualify a person from lawfully possessing a 
141  firearm until such person reaches 24 years of age. 
142         Section 2. Subsection (2) of section 985.483, Florida 
143  Statutes, is amended to read: 
144         985.483 Intensive residential treatment program for 
145  offenders less than 13 years of age.— 
146         (2) DETERMINATION.—After a child has been adjudicated 
147  delinquent under s. 985.35(6) s. 985.35(5), the court shall 
148  determine whether the child is eligible for an intensive 
149  residential treatment program for offenders less than 13 years 
150  of age under subsection (1). If the court determines that the 
151  child does not meet the criteria, ss. 985.435, 985.437, 985.439, 
152  985.441, 985.445, 985.45, and 985.455 shall apply. 
153         Section 3. Section 985.664, Florida Statutes, is amended to 
154  read: 
155         985.664 Juvenile justice circuit boards and juvenile 
156  justice county councils.— 
157         (1) There is authorized A juvenile justice circuit board 
158  shall to be established in each of the 20 judicial circuits and 
159  a juvenile justice county council shall to be established in 
160  each of the 67 counties. The purpose of each juvenile justice 
161  circuit board and each juvenile justice county council is to 
162  provide advice and direction to the department in the 
163  development and implementation of juvenile justice programs and 
164  to work collaboratively with the department, the Department of 
165  Children and Family Services, and the Children and Youth Cabinet 
166  in seeking program improvements and policy changes to address 
167  the emerging and changing needs of Florida’s youth who are at 
168  risk of delinquency and dependency. 
169         (2) Each juvenile justice county council shall develop a 
170  juvenile justice prevention and early intervention plan for the 
171  county and shall collaborate with the circuit board and other 
172  county councils assigned to that circuit in the development of a 
173  comprehensive plan for the circuit. The Children and Youth 
174  Cabinet shall monitor the local plans and design, direct, and 
175  monitor a statewide plan, which shall be implemented by and 
176  through the boards and councils. A circuit board and county 
177  council may design programs and projects necessary to accomplish 
178  the comprehensive plan for the circuit. Each county council and 
179  circuit board must continually monitor the implementation of the 
180  comprehensive plan in order to identify and remedy any 
181  situations that may result in minority juveniles coming in 
182  disproportionate contact with the juvenile justice system. 
183         (3) Juvenile justice circuit boards and county councils 
184  shall also participate in facilitating interagency cooperation 
185  and information sharing by entering into a written county or 
186  circuit interagency agreement specifying the nature and extent 
187  of contributions that each signatory agency will make in order 
188  to achieve the goals of the county or circuit plan and their 
189  commitment to share any information that is useful in carrying 
190  out the goals of the interagency agreement. The interagency 
191  agreement must include as parties, at a minimum, local school 
192  authorities or representatives, local law enforcement agencies, 
193  state attorneys, public defenders, and local representatives of 
194  the Department of Juvenile Justice and the Department of 
195  Children and Family Services. The agreement must specify how 
196  community entities will cooperate, collaborate, and share 
197  information to achieve the goals of the juvenile justice 
198  prevention and early intervention plan or the comprehensive plan 
199  of the circuit. Each circuit board shall provide a forum for the 
200  presentation of interagency recommendations and the resolution 
201  of any disagreements relating to the contents of the county or 
202  circuit interagency agreement or the performance by the parties 
203  of their respective obligations under the agreement. 
204         (4) Juvenile justice circuit boards and county councils may 
205  apply for and receive public or private grants to be 
206  administered by one of the community partners that support one 
207  or more components of the county or circuit plan and to be used 
208  as otherwise directed in their bylaws. To aid in this process, 
209  the department shall provide fiscal agency services for the 
210  circuit boards and county councils. 
211         (5) Juvenile justice circuit boards and county councils 
212  shall advise and assist the department in the evaluation and 
213  award of prevention and early intervention grant programs, 
214  including the Community Juvenile Justice Partnership Grant 
215  program established in s. 985.676 and proceeds from the Invest 
216  in Children license plate annual use fees. 
217         (6) Each juvenile justice circuit board shall provide an 
218  annual report to the department and the Children and Youth 
219  Cabinet describing the activities of the circuit board and each 
220  of the county councils contained within its circuit. The acting 
221  chairs of the circuit board and of each county council within 
222  the circuit shall agree on the descriptions of the activities 
223  and sign the report. The department may prescribe a format and 
224  content requirements for submission of annual reports, and shall 
225  present and submit the proposed annual legislative budget 
226  request reflecting the required material and fiscal needs of 
227  each board and council. 
228         (7) Membership of the juvenile justice circuit board may 
229  not exceed 18 members, except as provided in subsections (8) and 
230  (9). Members must include the state attorney, the public 
231  defender, and the chief judge of the circuit, or their 
232  respective designees, who shall preside each on a rotating basis 
233  as chair in intervals of 2-year terms. The remaining 15 members 
234  of the board must be appointed by the county councils within 
235  that circuit. County council members may serve as ex officio 
236  members of the circuit board. The board, when possible for 
237  purposes of equity, must be composed of an equal number of 
238  active members include at least one representative from each 
239  county council within the circuit, taking into account the 
240  differences in population. In appointing members to the circuit 
241  board, the county councils must reflect: 
242         (a) The circuit’s geography and population distribution. 
243         (b) Juvenile justice partners, including, but not limited 
244  to, representatives of law enforcement, the school system, and 
245  the Department of Children and Family Services. 
246         (c) Diversity in the judicial circuit. 
247         (d) Representation from residents of high-crime zip code 
248  communities as identified by the department and based on 
249  referral rates within the communities. 
250         (8) At any time after the adoption of initial bylaws 
251  pursuant to subsection (12) and absent any county councils 
252  formed within a circuit, a juvenile justice circuit board may 
253  revise the bylaws to increase the number of members by not more 
254  than three in order to adequately reflect the diversity of the 
255  population and community organizations or agencies in the 
256  circuit. 
257         (9) If county councils are not formed within a circuit, the 
258  circuit board may establish its membership in accordance with 
259  subsection (10) of not more than 18 members. For juvenile 
260  justice circuit boards organized pursuant to this subsection, 
261  the state attorney, public defender, and chief circuit judge, or 
262  their respective designees, shall be members of the circuit 
263  board. 
264         (10) Membership of the juvenile justice county councils, or 
265  juvenile justice circuit boards established under subsection 
266  (9), must include representation from residents of high-crime 
267  zip code communities as identified by the department and based 
268  on referral rates within the county, and may also include 
269  representatives from the following entities: 
270         (a) Representatives from the school district, which may 
271  include elected school board officials, the school 
272  superintendent, school or district administrators, teachers, and 
273  counselors. 
274         (b) Representatives of the board of county commissioners. 
275         (c) Representatives of the governing bodies of local 
276  municipalities within the county. 
277         (d) A representative of the corresponding circuit or 
278  regional entity of the Department of Children and Family 
279  Services. 
280         (e) Representatives of local law enforcement agencies, 
281  including the sheriff or the sheriff’s designee. 
282         (f) Representatives of the judicial system. 
283         (g) Representatives of the business community. 
284         (h) Representatives of other interested officials, groups, 
285  or entities, including, but not limited to, a children’s 
286  services council, public or private providers of juvenile 
287  justice programs and services, students, parents, and advocates. 
288  Private providers of juvenile justice programs may not exceed 
289  one-third of the voting membership. 
290         (i) Representatives of the faith community. 
291         (j) Representatives of victim-service programs and victims 
292  of crimes. 
293         (k) Representatives of the Department of Corrections. 
294         (11) Each juvenile justice county council, or juvenile 
295  justice circuit board established under subsection (9), must 
296  provide for the establishment of an executive committee of not 
297  more than 10 members. The duties and authority of the executive 
298  committee must be addressed in the bylaws. 
299         (12) Each juvenile justice circuit board and county council 
300  shall develop and adopt bylaws that provide for officers and 
301  committees as the board or council deems necessary and shall 
302  specify the qualifications, method of selection, and term for 
303  each office created, and other rules of procedure for the 
304  board’s or council’s operation, if the bylaws are not 
305  inconsistent with federal and state laws or county ordinances. 
306  The bylaws shall address at least the following issues: process 
307  for appointments to the board or council; election or 
308  appointment of officers; filling of vacant positions; duration 
309  of member terms; provisions for voting; meeting attendance 
310  requirements; and the establishment and duties of an executive 
311  committee, if required under subsection (11). 
312         (13) Members of juvenile justice circuit boards and county 
313  councils are subject to the provisions of part III of chapter 
314  112 and s. 11.25. Juvenile justice circuit boards and county 
315  councils are state agency units as prescribed by s. 11.135. 
316         (14) The secretary of the department shall hold quarterly 
317  meetings with the chairs of the juvenile justice boards and 
318  councils and the Children and Youth Cabinet in order to: 
319         (a) Advise juvenile justice boards and councils of 
320  statewide juvenile justice issues and activities. 
321         (b) Provide feedback on budget priorities in the prevention 
322  and intervention programs. 
323         (c) Obtain input into the strategic planning process. 
324         (d) Discuss program development, program implementation, 
325  and quality assurance. 
326         (15) Nongovernmental members of the juvenile justice 
327  circuit boards and county councils shall serve without 
328  compensation, unless stated otherwise in the bylaws, but are 
329  entitled to reimbursement for per diem and travel expenses in 
330  accordance with s. 112.061, and for other costs and expenses 
331  that may be necessary and required while in performance of their 
332  duties under this section. The department shall provide each 
333  board and council with an allotted fund for administrating the 
334  board’s or council’s duties. The department shall adopt rules 
335  pursuant to s. 985.64 in order to apply for and approve the 
336  funds. 
337         (16) The department shall provide legal counsel on all 
338  internal matters to the boards and councils where necessary as 
339  to their duties, responsibilities, and jurisdiction. 
340         (17) The boards and councils shall use due diligence in 
341  notifying the community and encouraging public participation and 
342  membership through various community outreach outlets, such as 
343  community newspapers, churches, and free public announcements. 
344         Section 4. Section 985.668, Florida Statutes, is amended to 
345  read: 
346         985.668 Innovation zones.—The department shall encourage 
347  each of the juvenile justice circuit boards and councils to 
348  propose at least one innovation zone within the circuit for the 
349  purpose of implementing any experimental, pilot, or 
350  demonstration project that furthers the legislatively 
351  established goals of the department. An innovation zone is a 
352  defined geographic area such as a circuit, commitment region, 
353  county, municipality, service delivery area, school campus, or 
354  neighborhood providing a laboratory for the research, 
355  development, and testing of the applicability and efficacy of 
356  model programs, policy options, and new technologies for the 
357  department. 
358         (1)(a) The juvenile justice circuit board, in conjunction 
359  with and with written approval from the county councils within 
360  its circuit, if formed, shall submit a proposal for an 
361  innovation zone to the secretary. If the purpose of the proposed 
362  innovation zone is to demonstrate that specific statutory goals 
363  can be achieved more effectively by using procedures that 
364  require modification of existing rules, policies, or procedures, 
365  the proposal may request the secretary to waive such existing 
366  rules, policies, or procedures or to otherwise authorize use of 
367  alternative procedures or practices. Waivers of such existing 
368  rules, policies, or procedures must comply with applicable state 
369  or federal law. 
370         (b) For innovation zone proposals that the secretary 
371  determines require changes to state law, the secretary may 
372  submit a request for a waiver from such laws, together with any 
373  proposed changes to state law, to the chairs of the appropriate 
374  legislative committees for consideration. 
375         (c) For innovation zone proposals that the secretary 
376  determines require waiver of federal law, the secretary may 
377  submit a request for such waivers to the applicable federal 
378  agency. 
379         (2) An innovation zone project may not have a duration of 
380  more than 2 years, but the secretary may grant an extension. 
381         (3) Before implementing an innovation zone under this 
382  subsection, the secretary shall, in conjunction with the Office 
383  of Program Policy Analysis and Government Accountability, 
384  develop measurable and valid objectives for such zone within a 
385  negotiated reasonable period of time. Moneys designated for an 
386  innovation zone in one operating circuit may not be used to fund 
387  an innovation zone in another operating circuit. 
388         (4) Program models for innovation zone projects include, 
389  but are not limited to: 
390         (a) A forestry alternative work program that provides 
391  selected juvenile offenders an opportunity to serve in a 
392  forestry work program as an alternative to incarceration, in 
393  which offenders assist in wildland firefighting, enhancement of 
394  state land management, environmental enhancement, and land 
395  restoration. 
396         (b) A collaborative public/private dropout prevention 
397  partnership that trains personnel from both the public and 
398  private sectors of a target community who are identified and 
399  brought into the school system as an additional resource for 
400  addressing problems which inhibit and retard learning, including 
401  abuse, neglect, financial instability, pregnancy, and substance 
402  abuse. 
403         (c) A support services program that provides economically 
404  disadvantaged youth with support services, jobs, training, 
405  counseling, mentoring, and prepaid postsecondary tuition 
406  scholarships. 
407         (d) A juvenile offender job training program that offers an 
408  opportunity for juvenile offenders to develop educational and 
409  job skills in a 12-month to 18-month nonresidential training 
410  program, teaching the offenders skills such as computer-aided 
411  design, modular panel construction, and heavy vehicle repair and 
412  maintenance which will readily transfer to the private sector, 
413  thereby promoting responsibility and productivity. 
414         (e) An infant mortality prevention program that is designed 
415  to discourage unhealthy behaviors such as smoking and alcohol or 
416  drug consumption, reduce the incidence of babies born 
417  prematurely or with low birth weight, reduce health care cost by 
418  enabling babies to be safely discharged earlier from the 
419  hospital, reduce the incidence of child abuse and neglect, and 
420  improve parenting and problem-solving skills. 
421         (f) A regional crime prevention and intervention program 
422  that serves as an umbrella agency to coordinate and replicate 
423  existing services to at-risk children, first-time juvenile 
424  offenders, youth crime victims, and school dropouts. 
425         (g) An alternative education outreach school program that 
426  serves delinquent repeat offenders between 14 and 18 years of 
427  age who have demonstrated failure in school and who are referred 
428  by the juvenile court. 
429         (h) A drug treatment and prevention program that provides 
430  early identification of children with alcohol or drug problems 
431  to facilitate treatment, comprehensive screening and assessment, 
432  family involvement, and placement options. 
433         (i) A community resource mother or father program that 
434  emphasizes parental responsibility for the behavior of children, 
435  and requires the availability of counseling services for 
436  children at high risk for delinquent behavior. 
437         Section 5. Paragraph (b) of subsection (1), paragraph (a) 
438  of subsection (2), and subsection (3) of section 985.676, 
439  Florida Statutes, are amended to read: 
440         985.676 Community juvenile justice partnership grants.— 
441         (1) GRANTS; CRITERIA.— 
442         (b) In awarding these grants, the department shall consider 
443  applications that at a minimum provide for the following: 
444         1. The participation of the agencies and programs needed to 
445  implement the project or program for which the applicant is 
446  applying; 
447         2. The reduction of truancy and in-school and out-of-school 
448  suspensions and expulsions, the enhancement of school safety, 
449  and other delinquency early-intervention and diversion services; 
450         3. The number of youths from 10 through 17 years of age 
451  within the geographic area to be served by the program, giving 
452  those geographic areas having the highest number of youths from 
453  10 to 17 years of age priority for selection; 
454         4. The extent to which the program targets high-juvenile 
455  crime neighborhoods and those public schools serving juveniles 
456  from high-crime neighborhoods; 
457         5. The validity and cost-effectiveness of the program; and 
458         6. The degree to which the program is located in and 
459  managed by local leaders of the target neighborhoods and public 
460  schools serving the target neighborhoods; and. 
461         7. The development and implementation of the goals of the 
462  local juvenile justice county council or circuit board and the 
463  Children and Youth Cabinet, along with other departmental 
464  purposes. 
465         (2) GRANT APPLICATION PROCEDURES.— 
466         (a) Each entity wishing to apply for an annual community 
467  juvenile justice partnership grant, which may be renewed for a 
468  maximum of 2 additional years for the same provision of 
469  services, unless subject to extension as prescribed under 
470  subsection (3), shall submit a grant proposal for funding or 
471  continued funding to the department. The department shall 
472  establish the grant application procedures. In order to be 
473  considered for funding, the grant proposal shall include the 
474  following assurances and information: 
475         1. A letter from each the chair of the juvenile justice 
476  circuit board and council confirming that the grant application 
477  has been reviewed and found to support one or more purposes or 
478  goals of the juvenile justice plan as developed by the board. 
479         2. A rationale and description of the program and the 
480  services to be provided, including goals and objectives. 
481         3. A method for identification of the juveniles most likely 
482  to be involved in the juvenile justice system who will be the 
483  focus of the program. 
484         4. Provisions for the participation of parents and 
485  guardians in the program. 
486         5. Coordination with other community-based and social 
487  service prevention efforts, including, but not limited to, drug 
488  and alcohol abuse prevention and dropout prevention programs, 
489  that serve the target population or neighborhood. 
490         6. An evaluation component to measure the effectiveness of 
491  the program in accordance with s. 985.632. 
492         7. A program budget, including the amount and sources of 
493  local cash and in-kind resources committed to the budget. The 
494  proposal must establish to the satisfaction of the department 
495  that the entity will make a cash or in-kind contribution to the 
496  program of a value that is at least equal to 20 percent of the 
497  amount of the grant. 
498         8. The necessary program staff. 
499         (3) RESTRICTIONS.— 
500         (a) This section does not prevent a program initiated under 
501  a community juvenile justice partnership grant established 
502  pursuant to this section from continuing to operate beyond the 
503  3-year maximum funding period if it can find other funding 
504  sources. Likewise, this section does not restrict the number of 
505  programs an entity may apply for or operate. 
506         (b) Notwithstanding the 3-year maximum funding period, the 
507  department, upon the request of the entity or the recommendation 
508  of the affected juvenile justice circuit board or county council 
509  and the Children and Youth Cabinet, may indefinitely extend the 
510  funding period for the same provision of services if the 
511  entity’s evaluation report, submitted annually to the department 
512  pursuant to paragraph (2)(e), shows that the entity’s services 
513  in 3 previous years were unique and extraordinary in achieving 
514  the goals of the department, the juvenile justice circuit board 
515  or county council, or the Children and Youth Cabinet. 
516         Section 6. This act shall take effect July 1, 2010.