The rule implements those portions of Chapter 985, Florida Statutes, Part III, that authorize juvenile delinquency diversion programs.

 

DEPARTMENT OF JUVENILE JUSTICE
Probation

RULE NO: RULE TITLE
63D-3.001: Purpose and Scope
63D-3.002: Definitions
63D-3.003: Assessment and Recommendation
63D-3.004: Diversion Programs
63D-3.005: Intensive Delinquency Diversion Services (IDDS)
63D-3.006: Other Diversion Programs
63D-3.007: JPO Supervised Diversion
PURPOSE AND EFFECT: The rule implements those portions of Chapter 985, Florida Statutes, Part III, that authorize juvenile delinquency diversion programs.
SUMMARY: The rule specifies the role of department staff in the various diversion programs authorized by statute.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 985.601(3), 985.64 FS.
LAW IMPLEMENTED: 985.12, 985.145, 985.155, 985.16, 985.601(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, November 13, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel’s Conference Room 3200, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63D-3.001 Purpose and Scope.

This rule specifies the requirements and criteria governing alternative interventions used to divert low risk youth, from the formal judicial system. The rule also describes the various types of diversion programs and authorized services.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985.145(5), 985.601(3)(a) FS. History–New ________.

 

63D-3.002 Definitions.

For purposes of this rule chapter, the following terms shall be defined as follows:

(1) Civil Citation – A civil rather than criminal option that offers law enforcement an active role in assigning sanctions that provide swift and appropriate consequences to youths for certain nonviolent misdemeanor delinquent acts.

(2) Community Arbitration – A non-judicial diversionary process whereby a civilian neutral third party or a panel of citizens from the community listens to the facts and arguments presented by the parties and renders a decision and appropriate sanctions.

(3) Diversion Services – A group of non-judicial alternatives used to keep youth who have committed a delinquent act from being handled through the traditional juvenile justice system. These alternative services are intended to intervene at an early stage of delinquency, decrease subsequent offenses during and after participation in the programs, and provide an array of services to juvenile offenders.

(4) Intensive Delinquency Diversion Services (IDDS) – A statewide diversion option in lieu of formal court involvement and supervision, developed to serve those youth who, after assessment of risks and needs, appear to be most at risk of becoming serious and chronic offenders.

(5) Juvenile Alternative Services Program (JASP) – A diversion program that combines sanctions and services that address the needs of the youth, family, and victim.

(6) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.

(7) Juvenile Probation Officer (JPO) – The Juvenile Probation Officer serves as the primary case manager for managing, coordinating and monitoring the services provided and sanctions required for youth on probation, post-commitment probation or conditional release supervision. In this chapter, a reference to the tasks and duties of a JPO shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(8) Juvenile Probation Officer Supervisor (JPOS) – Provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving intervention plans and revisions to intervention plans. In this chapter, a reference to the tasks and duties of a JPOS shall also apply to a case management staff supervisor of a provider agency contracted to perform these duties and tasks.

(9) JPO Supervised Diversion – JPOs may supervise a diversion case by allowing the parent(s)/guardian(s) or a community-based diversion program to oversee the youth’s completion of an individualized diversion plan. The youth is given sanctions and restitution, if requested by the victim, with the understanding that the JPO must be supplied with proof of the youth's completion of sanctions and payment of restitution. The youth and parent(s)/guardian(s) must be allowed to provide input in the selection of individualized sanctions or services when possible.

(10) Positive Achievement Change Tool (PACT) – As incorporated in subsection 63D-5.002(4), F.A.C.

(11) State Attorney Recommendation Form – (DJJ/PACT Form 3 10/2006) is the form used by probation and contracted staff to make a formal recommendation to the state attorney as to whether a youth’s case should be handled judicially or non-judicially. It is incorporated and available from the Office of the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, Florida 32399.

(12) Teen Court – Teen Court is designed to allow first time juvenile offenders to be diverted from traditional court processing and have their cases reviewed by a jury of their peers. After completion of assigned sanctions, the youth then participates in the process as a jury member and may also be used to serve in the role of prosecuting or defense attorney, judge, bailiff, or clerk.

Specific Authority 985.145(5), 985.64 FS. Law Implemented 985.145(5) FS. History–New________.

 

63D-3.003 Assessment and Recommendation.

(1) Assessing risks and needs for diversion services.

(a) In all cases in which a youth is alleged to have committed a law violation or delinquent act, the JPO conducting the intake screening must assess the youth’s needs and threat to public safety.

(b) Decision-making about whom to refer to diversion is determined based upon the youth’s current offense, delinquency history, PACT assessment and level of risk to reoffend.

(2) Following the assessment, the JPO must submit a written recommendation to the state attorney for judicial or non-judicial handling of the youth.

Specific Authority 985.145(4), 985.64 FS. Law Implemented 985.145(4) FS. History–New________.

 

63D-3.004 General Characteristics of Diversion Programs.

(1) Community service hours.

(2) Restitution.

(3) Random urinalysis monitoring.

(4) Curfew.

(5) Individual, group, or family counseling.

(6) Anger management education.

(7) Educational training.

(8) Vocational services.

(9) Substance abuse education and treatment.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New________.

 

63D-3.005 Intensive Delinquency Diversion Services (IDDS).

(1) The IDDS program provides services to a specific population of juvenile offenders who, after assessment of risks and needs, appear to be at risk of becoming serious and chronic offenders.

(2) Those youth who demonstrate high risk factors, such as, first offense occurring at or prior to age 15, poor school performance and truancy, lack of parental supervision, substance abuse problems and gang affiliation are the target population.

(3) Intake and Eligibility.

(a) The JPO shall assess if the youth is appropriate for an IDDS recommendation using the PACT pre-screen assessment. If the youth is at a moderate-high or high risk to reoffend, then the youth is eligible to participate.

(b) If the youth does not meet the eligibility criteria in preceding paragraph (3)(a), then a second eligibility factor may be considered in which youth who have a minimum of one documented risk factor in three of the four areas of Family, School, Substance Abuse or Delinquency based upon the PACT pre screen, can also be assessed as eligible for referral to IDDS.

(c) An IDDS case manager shall be assigned to the youth within 24 hours of the referral being received by the provider.

(4) The IDDS case manager must make face-to-face contact with the youth and parent within seven (7) working days of receiving the referral. At that time, the case manager will obtain the signature of the youth and parent on the participation agreement denoting their understanding of the expectations of the program.

(5) The youth must complete all assigned sanctions and services to be successfully terminated from IDDS. The IDDS provider must assist the family in obtaining mental health services as indicated by assessment, and must track the youth’s attendance and progress.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New__________.

 

63D-3.006 Other Diversion Programs.

(1) The Civil Citation Program.

(a) The civil citation process provides law enforcement with an alternative to custody while ensuring swift and appropriate consequences for youth who commit non-serious delinquent acts.

(b) A record check of JJIS is made by DJJ to determine program eligibility.

(c) Upon receipt of the citation, DJJ shall enter appropriate information into JJIS.

(d) Upon unsuccessful completion of the civil citation program, the case is forwarded to DJJ for a recommendation to the state attorney for possible court action.

(2) Community Arbitration Program.

(a) Community arbitration provides a system by which youth who commit delinquent acts may be dealt with quickly and informally at the community level, to reduce instances of delinquent acts and permit the judicial system to deal effectively with more serious cases.

(b) The Community Arbitration Process.

1. The JPO may recommend community arbitration based on program criteria and availability. Section 985.16, F.S., specifically identifies eligibility criteria for community arbitration.

2. Upon approval by the state attorney, if a case is to be referred to community arbitration, the JPO must contact the youth and his or her parent(s)/guardian(s) within forty-eight (48) hours after issuance of the complaint to advise them of the requirements and time frames for arbitration.

3. If the youth, parent(s)/guardian(s), and the state attorney accept community arbitration, the JPO must provide copies of the complaint to the arbitrator within twenty-four (24) hours.

4. If the youth refuses arbitration, then the JPO must make a recommendation to the state attorney for possible court action.

5. If the youth fails to appear for the arbitration hearing, the matter must be referred back to DJJ for consultation with the state attorney regarding possible court action.

6. If the youth or parent(s)/guardian(s) are dissatisfied with the disposition of the arbitration proceedings, they may request a review by notifying the JPO within 15 days. Upon receipt of the request, the JPO must consult with the state attorney who shall consider the request and may file formal juvenile proceedings or take other action.

7. If the youth fails to comply with the disposition of the arbitration proceedings, the case will be referred to the JPO to complete a recommendation to the state attorney and make a subsequent recommendation.

(3) Teen Court.

(a) Teen Court may accept referrals from DJJ, state attorney, juvenile court, law enforcement, CINS/FINS provider, public defender, traffic court and school officials.

(b) Ineligible offenses include third degree felonies involving violence toward a person, grand theft auto, or use of a weapon.

(4) Juvenile Alternative Services Program (JASP).

(a) JASP uses a balanced approach combining sanctions and services that address the needs of the youth, family, and victims.

(b) JASP may receive referrals from DJJ, the state attorney’s office, and the court.

(c) DJJ or their contracted agents shall conduct an initial intake with the youth and the parent(s)/guardian(s) to determine the risk and needs of the youth and family.

(d) The recommendation to the state attorney is completed by the JPO and referred to the state attorney requesting that the case be handled non-judicially and referred to JASP with recommended sanctions and services.

(e) Youths referred to JASP should meet probation criteria and/or have a minimum of four extensive service needs.

(f) First time misdemeanants may be referred if they have a minimum of four extensive service needs such as extensive substance abuse, school problems (truancy or suspension), family dysfunction, housing, running away, or other behavioral or mental health problems.

(g) Sanctions and services provided to the youth and family shall be based on risk and individual needs and noted in the youth’s service/treatment plan.

(h) The JASP provider must accept all appropriate referrals from DJJ.

(i) JASP shall meet with the youth and at least one parent(s)/guardian(s) to explain the program, review the sanctions and services the referring agencies assigned, discuss completion dates for each sanction/service, and explain program expectations. JASP may also assign additional services to the youth if the JASP provider determines that the youth or family is in need of further support or assistance.

(j) JASP shall provide case management services to ensure the youth is completing all sanctions and services.

(k) JASP shall include office, home, or school visit contacts and may include work site visits, telephone contacts, letters, and meetings for law education classes or other group activities. Frequency of contacts with the youth is determined by the risk and needs of the youth and family.

(l) All sanctions and intervention services must be completed by the youth within 90 calendar days from the date the case was officially received by JASP.

(m) If the case is not closed within 90 calendar days, the reasons must be documented in the juvenile’s file. The program director or designee must review the file and document the required action for completion within a designated time frame.

(n) At the time of closure, the JASP provider shall submit the information to the JPO Unit in the Circuit for data entry into JJIS, to the department, state attorney, or the court, and shall place a copy in the youth’s file.

(o) If the youth does not complete the program, the referring agencies must send the case back to the state attorney for possible court action.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New ________.

 

63D-3.007 JPO Supervised Diversion.

(1) The department utilizes a number of other diversion programs to direct youth away from the formal juvenile justice system pursuant to Section 985.601(3)(a), F.S. These may include individualized plans for diversions, such as local churches, civic clubs and organizations that provide opportunities for the youth to achieve the obligations of his or her diversion plan.

(2) Cases that must be considered for this type of non-judicial handling are:

(a) Cases where the state attorney has approved of non-judicial action.

(b) Cases in which sanctions and intervention services can be completed within a short period of time.

(c) Cases in which youth are very young.

(d) Cases where the youth may have specific needs or be in an employment or educational setting that require different supervision than that offered by local diversion programs.

(3) Process.

(a) The JPO must obtain approval from the state attorney for this diversion program and the recommended sanctions and services.

(b) A waiver of speedy trial must be signed if the state attorney requires it.

(c) The JPO must develop an individualized diversion plan of sanctions and intervention services with input from the state attorney, the youth and the parent(s)/guardian(s).

(d) The plan must include a time frame for completion of the sanctions and intervention services (typically 30-90 days for substantial completion).

(e) If the youth fails to comply with the conditions and sanctions of the individualized plan, the JPO must notify the state attorney.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Ahearn, DJJ Probation and Community Intervention
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Darryl Olson, DJJ Asst. Secretary for Probation and Community Intervention
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2007