The amendments are necessary to update incorporated forms and to add new definitions that are currently used in probation supervision of delinquent youths.

 

DEPARTMENT OF JUVENILE JUSTICE

Probation

RULE NO.:RULE TITLE:

63D-8.001Definitions

PURPOSE AND EFFECT: The amendments are necessary to update incorporated forms and to add new definitions that are currently used in probation supervision of delinquent youths.

SUMMARY: Additional definitions are provided, and incorporated forms are updated. The Effective Response System is defined and introduced, and is intended to replace the Progressive Response System for addressing violations of supervision.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist, and current information available to the department, indicates that the statutory threshold for ratification will not be exceeded.

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.

RULEMAKING AUTHORITY: 985.64 FS.

LAW IMPLEMENTED: 985.03, 985.135, 985.14, 985.145, 985.24, 985.245, 985.433, 985.435, 985.46, 985.601 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Friday, January 17, 2014, 10:00 a.m. − 12:00 Noon

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel’s Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone]

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63D-8.001 Definitions.

For the purpose of Chapters 63D-9 through 63D-12, F.A.C., the following terms are defined as follows:

(1) Absconding – When a supervised youth goes in a clandestine manner out of the jurisdiction of the court in order to avoid the legal process, or when the youth hides, conceals, or absents himself or herself with the intent to avoid the legal process.

(2) Adult Sentencing Summary – A written summary regarding the youth’s history with the department, which is used when the court is deciding whether a youth should be sentenced to the adult or juvenile justice system. The Adult Sentencing Summary (DJJ/IS Form 29, July 2010) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(3) Authority for Evaluation and Treatment (AET) – The document that, when signed by a parent or guardian, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody.

(4)(1) Chief Probation Officer (CPO) – The department employee who is responsible for managing community-based program operations and staff within each of Florida’s twenty judicial circuits.

(5) Civil Citation – A program designed to give law enforcement an alternative to custody that provides swift and appropriate consequences to youth for certain minor misdemeanor delinquent acts. The goals of Civil Citation are to divert the youth at the time of arrest, make the youth accountable for delinquent behavior, involve the parents in sanctioning the youth, and prevent the youth’s further involvement in the juvenile justice system. Law enforcement officers are allowed the discretion of issuing a citation rather than a formal complaint.

(6)(2) Commitment conference – A multidisciplinary staffing conducted to discuss the department’s recommendation to the court for youth who may be appropriate for residential commitment. Participants may include the youth, parent(s)/guardian(s), Juvenile Probation Officer (JPO), Juvenile Probation Officer Supervisor (JPOS), Commitment Manager, school officials, service providers, and other parties involved in the youth’s case.

(7)(3) Complainant – Any person or agency having knowledge of the facts related to the allegations of the delinquency of a youth and who makes a formal complaint or delinquency referral based upon these facts.

(8) Complaint – A written report alleging facts sufficient to establish the delinquency of a youth and the jurisdiction of the court.

(9)(4) Comprehensive Assessment – The gathering of information for the evaluation of a youth’s physical, psychological, educational, vocational, social condition and family environment as they relate to the youth’s need for rehabilitative and treatment services, including substance abuse treatment services, literacy services, medical services, family services, and other specialized services, as appropriate.

(10)(5) Comprehensive Evaluation – The gathering of information addressing physical health, mental health, substance abuse, academic, educational, or vocational problems of a youth for whom a residential commitment disposition is anticipated, which is summarized in the youth’s predisposition report.

(11)(6) Conditional release (CR) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of conditional release, the youth remains on commitment status and is subject to transfer back to a residential commitment program if noncompliant.

(12)(7) Criminogenic needs – Critical factors identified during the assessment process that have been statistically proven to predict future criminal behavior.

(13)(8) Detention Risk Assessment Instrument (DRAI) – The instrument used to determine if a youth meets detention criteria and to determine whether a youth should be placed in secure, non-secure, or home detention care prior to a detention hearing. The DRAI (DJJ 2049, 12/10) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(14) Diligent search – The process required of the JPO in order to determine if a youth has abscoded from supervision. This process shall include contacts or attempted contacts with the youth, family members, employer(s), school(s), known friends, utility companies, Department of Children and Families, and Department of Motor Vehicles databases.

(15)(9) Direct discharge – The release of a youth from a residential commitment facility without any court ordered requirements for community supervision by the department.

(16) Diversion Services – Non-judicial alternatives used to keep youth who have committed a delinquent act from being handled through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, prevent subsequent offenses during and after participation in the programs, and provide an array of services to juveniles referred to the department.

(17) Effective Response System – A written plan developed in each circuit, in consultation with judges, state attorneys and public defenders, which describes in detail a methodology for responding when youth under supervision violate a condition of their probation or conditional release. These plans are based upon the principle that sanctions should be based upon the seriousness of the violation, the assessed criminogenic needs and risks of the youth, and how effective the sanction or incentive will be in moving the youth to compliant behavior.

(18) Family – The people responsible for caring for a youth. Family may include biological parents, step parents, adoptive parents, guardians, foster parents, and sometimes other extended family members.

(19)(10) Intervention – An action taken or facilitated by the JPO to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.

(20) Juvenile Assessment Center (JAC) – A facility that allows for a safe and secure location for law enforcement to deliver juveniles who have been charged with a criminal offense and where assessments of each juvenile are completed to determine the juvenile’s detention risk and other needs.

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

(22)(12) Juvenile Probation Officer (JPO) – An employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community. The JPO serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for each youth. In this rule chapter, whenever a reference is made to the objectives and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and objectives.

(23)(13) Juvenile Probation Officer Supervisor (JPOS) – An employee of the department or a contracted provider who 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 YES Plans and revisions to YES Plans.

(24) Notification of the Decision to Not Involuntarily Commit to DCF form – A notification to the State Attorney’s Office that a youth is not being committed to the Department of Children and Families pursuant to the Jimmy Ryce Act, advising how the case was handled. The Jimmy Ryce Act for Violent Sexual Offenders Notification of the Decision to Not Involuntarily Commit to DCF (DJJ/BCS Form 25, 07/10) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(25)(14) Multidisciplinary Assessment – An information gathering exercise designed to ensure that youth being considered for commitment are placed in a delinquency program that provides an appropriate level of supervision and treatment services.

(26)(15) Positive Achievement Change Tool (PACT) – A research validated The primary assessment instrument used by the JPO to determine the youth’s risk to re-offend and identify criminogenic needs that require intervention. The Pre-Screen is completed and maintained for all youth who are referred to the department. The Full Assessment is completed and maintained for all youth who have been placed under the jurisdiction of the department by the court and have been identified as moderate-high or high risk to re-offend by the Pre-Screen. The PACT 1.1 Pre-Screen (PCI-1, 9/10/07) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399. The PACT 1.1 Full Assessment (PCI-2, 9/10/07) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(27)(16) PACT Mental Health and Substance Abuse Screening Report and Referral Form – The form used by the JPO to refer the youth for a Comprehensive Assessment whenever the results of the PACT Pre-Screen indicate further assessment is required. The PACT Mental Health and Substance Abuse Screening Report and Referral Form (DJJ/PACTFRM 1, 09/2011) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(28)(17) Post-commitment probation (PCP) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status, and is subject to court-ordered sanctions.

(29) Pre-Disposition Report (PDR) – A multidisciplinary assessment that provides demographic and social history information and reports the youth’s priority needs, makes recommendations, and provides a plan for treatment that recommends the most appropriate placement setting to meet the youth’s needs with the minimum program security that reasonably ensures public safety. The PDR (DJJ/PACTFRM 5, 07/2010) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(30)(18) Preliminary Screening – The gathering of preliminary information to be used to determine a youth’s need for further evaluation or assessment or for referral for other substance abuse services through means such as psychosocial interviews, urine and breathalyzer screenings, and reviews of available educational, delinquency and dependency records of the youth.

(31) Prevention Web – The department’s electronic information system, which is used to gather and store information on youth having contact with the department’s prevention or civil citation programs.

(32)(19) Probation – Assessment and intervention services provided to youth who are court-ordered to community supervision after the court has determined that the youth committed a delinquent act.

(33)(20) Probation Medical and Mental Health Clearance Form – The form used to screen for mental health, substance abuse and medical problems when law enforcement delivers a youth to the department upon apprehension. The purpose of the form is to comply with statutory requirements for diverting youth to the proper community resource if they require urgent treatment or intervention upon arrest. The form (HS 051, July 2010) is incorporated and is accessible electronically at: http://www.djj.state.fl.us/forms/health_services.html.

(21) Progressive Response System – A written plan developed in each circuit, in consultation with judges, state attorneys and public defenders, that describes in detail a methodology for responding when youth under supervision violate a condition of their probation. These plans are based upon the principle that sanctions should be based upon the need to ensure public safety, the assessed criminogenic needs and risks of the youth, and how effective the sanction will be in moving the youth to compliant behavior.

(34) Progress Report Form – A report that advises the court of the status of a youth including legal information, summary of progress, and recommendation(s). The Progress Report Form (DJJ/IS Form 12, July 2010) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(35) Request for Release Letter – A letter to accompany the PRN used to advise the Judge of the department’s agreement with the release request from the program. This form is also known as the Judge’s Release Notification. The Request for Release Letter (DJJ/IS Form 013, July 2010) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(36) Respite – Services and placements for youth that need a place to stay away from their home for a short period of time.

(37) Sexually Violent Predator Program Multidisciplinary Team Notification Letter – A letter to the DCF Sexually Violent Predator Program to notify of the anticipated release of a youth from residential commitment. This form is also known as the “JR Memo to the Department of Children and Families.” The Sexually Violent Predator Program Multidisciplinary Team Notification Letter (DJJ/BCS Form 24, 07/10) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(38)(22) Suicide Risk Screening Instrument (SRSI) – A form that documents the standardized questions asked by trained, designated staff upon a youth’s intake into the juvenile justice system, and upon admission to a detention center, to identify suicide risk factors and the need for referral for assessment of suicide risk.

(39) Supervision Transfer Summary – A form used to provide the receiving party of a youth’s case the youth’s address, living situation, legal status, a summary of the case(s), and the supervision adjustment. The Supervision Transfer Summary (DJJ/IS Form 16, October 2009) is incorporated by reference and is available at “(HYPERLINK)” or may be obtained by contacting: DJJ, Office of Probation and Community Intervention, 2737 Centerview Drive, Tallahassee, FL, 32399.

(40)(23) Violation of supervision – A noncompliant act committed by a youth that violates the conditions of the probation or post-commitment probation court order.

(41)(24) Youth-Empowered Success (YES) Plan – The document developed by the youth, parent(s)/guardians(s), and JPO to plan for the completion of court-ordered sanctions and address criminogenic needs.

(42) Youth Reporting Center – Locations within the community that allow JPOs to be available to youth and families close to their homes during extended hours.

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.24, 985.245, 985.433, 985.435, 985.46, 985.601 FS. History–New 9-20-10, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joan Wimmer, Assistant Secretary, Probation and Community Intervention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wansley Walters, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2013