2008 Regular Legislative Session Summary: Florida Department of Juvenile Justice

Florida’s 2008 Regular Legislative Session concluded “Sine Die” on May 2, 2008 at 6:02 pm.

Below is a wrap-up of Department of Juvenile Justice (“DJJ”) and related legislative activity during the 2008 Session:

 

PASSED LEGISLATION

HB 43 and SB 76 – Relating to Criminal Activity
This legislation was sponsored by Representative William Snyder (R-Stuart) and Senator Jeff Atwater (R-West Palm Beach) and also was supported by the Florida Office of the Statewide Prosecutor and Florida Attorney General Bill McCollum.

The Legislation attempts to address the increasing gang activity in Florida through stronger enforcement and penalties. It also creates a Coordinating Council on Criminal Gang Reduction Strategies. The Secretary of the Department of Juvenile Justice is included as a member of the Council.

SB 2820 – Relating to Residential Facilities
This legislation was sponsored by Senator Victor Crist (R-Tampa) and was included in the budget negotiations. The Senate was the original author of this legislation which will require residential facilities to have no more than 165 beds.  It provides an exception for campus-style settings that have more than one level of restrictiveness and other conditions.

HB 5083 – Relating to Education
This legislation is the implementing bill for education funds appropriated in the General Appropriations Act.  In relation to juvenile justice, it implements the calculation of the supplemental allocation for juvenile justice education programs. The specific bill language reads:

“The total K-12 weighted full-time equivalent student membership in juvenile justice education programs in each school district shall be multiplied by the amount of the state average class-size-reduction factor multiplied by the district’s cost differential. An amount equal to the sum of this calculation shall be allocated in the Florida Education Finance Program to each school district to supplement other sources of funding for students in juvenile justice education programs.”

HB 5001, the General Appropriations Act, which is described in more detail below, appropriates the actual DJJ education cost factor (specifically, appropriation line 81) and the following proviso language:

“Funds provided in Specific Appropriation 81 for the supplemental allocation for juvenile justice education programs shall be allocated pursuant to the formula provided in section 1011.62(10), Florida Statutes. The allocation factor shall be $925.58.”

“From the funds provided in Specific Appropriation 81, juvenile justice education programs shall receive the basic allocation assigned to a juvenile justice student, including Exceptional Student Education special education funding when appropriate. If a school district provides incentive funding for teachers to work in a failing school, then an equal incentive bonus must be provided to teachers teaching in juvenile justice facilities.”

 

FAILED LEGISLATION

HB 7087 and SB 700 – Relating to Juvenile Justice
This legislation, sponsored by Representative Mitch Needelman (R-Palm Harbor) and Senator Victor Crist (R-Tampa) comprises the Department of Juvenile Justice Blueprint Commission Recommendations.

In July 2007, Governor Charlie Crist authorized the creation of the Blueprint Commission for the purpose of developing recommendations to reform Florida’s juvenile justice system. The Commission met throughout the second half of 2007 and issued its report titled “Getting Smart About Juvenile Justice in Florida” in February 2008. This bill implements many of the Commission’s 52 recommendations, in addition to several other policy changes. Unfortunately, because of some disagreements over vague language regarding the redirections program, this legislation failed on the last day of session.

Specifically, the Blueprint Commission legislation:
• Included a number of changes designed to reduce disproportionate minority contact with the juvenile justice system, including changes related to the risk assessment instrument and local juvenile justice board and council vacancies and composition.
• Revised provisions related to risk assessment for detention placements by requiring validation of the risk assessment instrument.  It also revised the membership of the review committee and added a prior history requirement of residential commitments as a factor that must be taken into account
• Encouraged the diversion of first-time misdemeanant youth or youth age 10 or younger
• Dispenses with the requirement to monitor every 15 minutes those children who are supposed to be separated from adults in adult facilities when they are in direct supervision housing with 24-hour supervision
• Authorizes the DJJ to utilize outcome-based contracting, develop an implementation plan, and require prevention programs to report outcome data, rather than performance data
• Revises provisions related to the Juvenile Justice Circuit Boards (“Boards”) and County Councils (“Councils”), including membership and notification of the community of board vacancies
• Promotes coordination among Councils, Boards, and agencies by mandating cooperation and information sharing with various agencies and programs, including faith-based and community-based organizations
• Modifies the procedure for presentation of the annual reports by the Boards and Councils to the Children and Youth Cabinet
• Eliminates the three-year limit on the receipt of Community Juvenile Justice Partnership grants
• Provides priority to Community Juvenile Justice Partnership grant applications that meet the specified grant requirements and the local Board and county Council plans
• Removes the term “zero tolerance” and requires school districts to refer serious criminal offenses to the criminal justice or juvenile justice system 
• Directs the DJJ to adopt rules related to the continuum of care
• Makes several technical and conforming changes related to alternative sanctions, DJJ contracting, and training for DJJ staff.

HB 273 and SB 792 – Relating to Juvenile Justice
This bill sponsored by Representative Sandy Adams (R-Oviedo) and Senator Carey Baker (R-Eustis) proposed several changes to Florida policy relating to the detention of juveniles. These changes concern all phases of the juvenile process, including custody and initial intake, to adjudication, disposition, and post commitment placement. Specifically, the bill:

• Permits a child to be taken into custody for violating the conditions of pre-adjudicatory release set by the court
• Permits the detention of a child who absconds from home or nonsecure detention care or otherwise violates the terms of release while awaiting placement in a residential facility, or commits a new law violation, or who intentionally fails to appear for trial
• Requires that a child be placed in secure detention care upon intake if alleged to have absconded from home or nonsecure detention or otherwise violated the terms of post adjudication release
• Provides that the pre-adjudication and post-adjudication time limits for holding a child in detention care do not apply to a child held in secure detention for absconding from home or nonsecure detention, committing a new law violation, or otherwise violating the terms of release after adjudication while awaiting placement in a residential facility; escaping or absconding from certain residential, probation or other programs; or being charged with certain acts specified in current law; or intentionally failing to make a court appearance
• Increases the length of time a child awaiting placement in a low-risk or moderate-risk residential program could be held in secure detention care and provides that the only detention option for a child committed to a high-risk or maximum-risk residential program is secure detention
• Makes the court responsible for determining the appropriate restrictiveness level for a child committed to a residential program, changing the DJJ role into one that is advisory
• Permits the court to retain jurisdiction over a child beyond the age of 18, and the child’s parents or guardians, until all costs, fees, and costs associated with court-appointed counsel have been satisfied
• Permits counties to adopt a mandatory court cost of up to $50 to fund local juvenile crime initiatives

 

APPROPRIATIONS

HB 5001 – General Appropriations Act
This legislation provides moneys for the annual fiscal year beginning July 1, 2008, and ending June 30, 2009, to pay salaries and other expenses, capital outlay – buildings, and other improvements, and for other specified purposes of the various agencies of State government.  The legislation appropriates $66.2 billion, of which $25.6 billion is from the General Revenue Fund.

 

BUDGET JUVENILE JUSTICE HIGHLIGHTS

• Reduced secure and low-risk bed capacity in the DJJ in general revenue by $18.1 million
• Reduced CINS/FINS services in the Department of Juvenile Justice
in general revenue by $1.9 million
• Reduced day treatment services in the Department of Juvenile Justice in the General Revenue Fund by $2.2 million.
• Reduced PACE Center for Girls by $200,000

 

SPECIFIC PROVISOS

Residential Corrections:

From the funds in Specific Appropriations lines 1121 through 1146, the DJJ shall provide a weekly residential resource utilization report that identifies operating capacity, current placements, vacant placements, number of youth waiting for placement and the percent of use for all residential commitment beds. The DJJ may increase or decrease beds or overlay services provided that the change will better serve taxpayers and the youth under its care. Notification and justification of changes will be provided to the Governor’s Office of Policy and Budget, the Chair of the Senate Fiscal Policy and Calendar Committee, and the Chair of the House Policy and Budget Council prior to implementing any change.

From the funds in Specific Appropriations 1121 through 1146, for determining the most appropriate bed reductions in each level of residential commitments, the DJJ may consider those residential commitment programs that have scored below 72 on the overall program score represented in the Comprehensive Accountability Report, in determining which level of residential beds should be reduced. Prior to any change authorized herein, notification and justification must be provided to the Governor’s Office of Policy and Budget, the chair of the Senate Fiscal Policy and Calendar Committee, and the chair of the House Policy and Budget Council.

 

Prevention:

Funds provided in Specific Appropriations line 1152 and 1157 shall be directed to those programs that prevent, intervene early and divert youth from the juvenile justice and the child welfare systems. Programs funded with these appropriations must be outcome-based with outcomes tied to the populations served. The Office of Program Policy and Government Accountability (“OPPGA”) shall evaluate the effectiveness of funds from these specific appropriations used to contract with the Florida Network of Youth and Family Services (“Network”) and its providers, and PACE Centers for Girls to determine the following:

(a) the continuing need for a single gatekeeper to implement the CINS/FINS contracts
(b) the effectiveness of the screening and assessment tools in identifying the targeted populations
(c) the development and implementation of evidenced-based programs and services to meet the needs of the targeted population
(d) the effectiveness of monitoring tools used by the DJJ, the Network and providers
(e) the use of output and outcome measures to determine program costs and effectiveness.

The OPPGA shall develop a report to the Legislature that summarizes the above information and provides recommendations for policy and contractual changes that will maximize funding, improve program performance and provide successful outcomes for at-risk youth. The report shall be submitted on or before January 1, 2009, to the Governor, the President of the Senate and the Speaker of the House.

The entire Appropriations Act (HB 5001), which includes all of the DJJ funding, can be viewed by clicking here.

The budget is summarized by committee as follows:

Education Appropriations

Pre K-12 Education – $12.1 billion
• $9.1 billion General Revenue
• $3.0 billion Trust Funds

Higher Education – $6.0 billion
• $3.8 billion General Revenue
• $2.2 billion Trust Funds

Health Appropriations

Health – $23.4 billion
• $7.1 billion General Revenue
• $16.2 billion Trust Funds

Criminal and Civil Justice Appropriations

Criminal and Civil Justice – $5.0 billion
• $4.3 billion General Revenue
• $.7 billion Trust Funds

General Government Appropriations

General Government – $4.5 billion
• $.5 billion General Revenue
• $4.0 billion Trust Funds

Transportation and Economic Development Appropriations

Transportation and Economic Development – $11.7 billion
• $ .5 billion General Revenue
• $11.2 billion Trust Funds

 

If you have any questions about this report or need further information, please contact Frank Mayernick at fmayernick@cftlaw.com or 850.577.0398