The rule amendments update definitions, make minor technical corrections in diversion and assessment, and implement chapters 2024-130 and 2024-133, Laws of Florida, by: establishing a statewide graduated response matrix ....

 

DEPARTMENT OF JUVENILE JUSTICE

Probation

RULE NOS.:RULE TITLES:

63D-13.001Definitions

63D-13.002Assessment of Youth

63D-13.0021Detention Screening

63D-13.0022Intake Screening

63D-13.0025Comprehensive Evaluation

63D-13.003Diversion

63D-13.004Community Supervision

63D-13.0041Transfers of Supervision

63D-13.0042Violations of Supervision

63D-13.0043Termination of Supervision

63D-13.005Juvenile Assessment Centers

63D-13.006Non-Residential Facilities

63D-13.0061Safety and Administration

63D-13.0062Service Delivery

63D-13.0063Minimum-Risk Commitment

63D-13.0064Progress Reports

63D-13.0065Release

PURPOSE AND EFFECT: The rule amendments update definitions, make minor technical corrections in diversion and assessment, and implement chapters 2024-130 and 2024-133, Laws of Florida, by: establishing a statewide graduated response matrix to bring youth on probation and conditional release into compliance prior to invoking violation of probation or transfer proceedings for technical violations; and repealing rule sections governing minimum-risk non-residential commitment.

SUMMARY: The amendments update and correct rule provisions governing diversion and assessment, and implement statutory revisions requiring a graduated response matrix and eliminating minimum-risk non-residential commitment.

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, 985.601, 985.438, F.S.

LAW IMPLEMENTED: 985.12, 985.438, 985.441, 985.601, F.S.

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: Wednesday, November 13, 2024 at 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3226, Tallahassee, Florida.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63D-13.001 Definitions.

For this rule chapter, the following terms are defined as follows:

(1) Abscond – As defined in section 985.03, F.S., Abscond means to hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) through (4) No change.

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

(6) 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.

(7) through (10) renumbered (6) through (9) No change.

(10)(11) Comprehensive Assessment ‒ As defined in section 985.03, F.S., the gathering of information for the evaluation of a juvenile offender’s or a child’s physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child’s need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. The gathering of information used to assess for biological, psychological and social factors 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.)(

(11)(12) No change.

(12)(13) Conditional Release (CR) – As defined in section 985.03, F.S., the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. The purpose of conditional release is to protect the public, reduce recidivism, increase responsible productive behavior, and provide for a successful transition of the youth from the department to his or her family. 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.

(13)(14) No change

(14)(15) Detention Screening Instrument (DSI) – The risk assessment instrument authorized by sSection 985.245, F.S., that is used to determine the detention care placement for youth.

(15)(16) Diligent Search ‒ Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth’s parents/guardian, employer, school, family members, and others likely to have knowledge of his or her whereabouts, to document evidence supporting that the youth is hiding to avoid supervision.

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

(16)(18) Disposition Recommendation Matrix – A structured decision-making tool, that provides research-based guidelines to Juvenile Probation Officers for making recommendations to the court for law violations.

(17)(19) No change.

(20) 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 reflect 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)(21) No change.

(19)(22) Family – As defined in section 985.03, F.S., a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which the persons reside in the same house or living unit; or the parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. 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.

(20) Graduated Response Matrix – A statewide plan created and administered by the department that provides a standard methodology to address technical violations of supervision and allows the department to immediately hold youth accountable for failing to comply with the technical conditions of supervision. The plan identifies noncompliance thresholds that require a response and a list of responses for the Juvenile Probation Officer (JPO) to choose from, as well as noncompliance thresholds that require the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The plan contemplates the seriousness and frequency of noncompliance, the youth’s risk to reoffend, and critical public safety concerns. The Graduated Response Matrix (DJJ/PROFRM 30 10/2024) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17067. The Graduated Response Matrix consists of two pages:

(a) The first page, entitled LOW OR MODERATE RISK TO REOFFEND, applies to youth identified as low or moderate risk to reoffend by the CAT;

(b) The second page, entitled MODERATE-HIGH OR HIGH RISK TO REOFFEND –OR– SPECIAL PUBLIC SAFETY RISK, applies to youth identified as moderate-high or high risk to reoffend by the CAT, as well as youth who meet the definition of Special Public Safety Risk, regardless of risk to reoffend.

(23) through (26) renumbered (21) through (24) No change.

(25)(27) Juvenile Probation Officer (JPO) – As defined in section 985.03, F.S., the authorized agent of the department who performs the intake, case management, or supervision functions. 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 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.

(26)(28) No change.

(29) Minimum-Risk Non-Residential ‒ Programs or program models at this commitment level work with youth who remain in the community and participate at least five (5) days per week in a day treatment program. Youth assessed and classified for programs at this commitment level represent a minimum risk to themselves and public safety and do not require placement and services in residential settings. Youth in this level have full access to, and reside in, the community. Youth who have been found to have committed delinquent acts that involve firearms, that are sexual offenses, or that would be life felonies or first-degree felonies if committed by an adult may not be committed to a program at this level

(27)(30) Massachusetts Youth Screening Instrument – Second Version 2 (MAYSI-2) – A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a day treatment or residential commitment program.

(28)(31) No change.

(29) Parent – As defined in section 985.03, F.S., a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either s. 39.503(1) or s. 63.062(1). In Chapter 63D-13, F.A.C., the term “parent” may be used interchangeably with “parent/guardian”.

(32) through (33) renumbered (30) through (31) No change.

(32) Prearrest Delinquency 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 the program are to divert the youth at the time of arrest, make the youth accountable for delinquent behavior, involve the parent(s)/guardian(s) 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.

(33)(34) 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 prearrest delinquency civil citation programs.

(34)(35) No change.

(35)(36) Probation – As defined in section 985.03, F.S., the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. Probation is an individualized program in which the freedom of the child is limited, and the child is restricted to noninstitutional quarters or restricted to the child’s home in lieu of commitment to the custody of the department. Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting. 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.

(37) through (38) renumbered (36) through (37) No change.

(38)(39) Prolific Juvenile Offender (PJO) – A child who is charged with a delinquent act that would be a felony if committed by an adult, and who meets the criteria in sSection 985.255, F.S., for increased supervision.

(39) Relative – As defined in section 985.03, F.S., a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.

(40) Special Public Safety Risk – A youth on probation, CR, or PCP who meets at least one of the following criteria: Request for Release Letter ‒ A letter to accompany the pre-release notification used to advise the court of the department’s agreement with the release request from the program. This form is also known as the Judge’s Release Notification.

(a) The youth is on probation, CR, or PCP for a firearm offense or firearm aggravated offense;

(b) The youth was identified as a PJO immediately preceding the disposition to probation or residential commitment;

(c) The youth is identified as a Sexually Violent Predator (SVP) by the court in accordance with sections 394.910-.917, F.S.;

(d) The youth is identified as a criminal gang member by a law enforcement agency in accordance with section 874.03(3), F.S.

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

(42) through (46) renumbered (41) through (45) No change.

(46) Youth – As defined in section 985.03, F.S., any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. The term “youth” may be used interchangeably with “child” and “juvenile”.

(47) 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.

(48) 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, 985.601 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.245, 985.435, 985.46, 985.601 FS. History–New 5-4-20, Amended__________.

 

63D-13.002 Assessment of Youth.

The assessment of youth is a critical component of the case management system. The information gathered in this process is obtained through a detention screening, intake screening, initial mental health and substance abuse needs screening, comprehensive assessment, and comprehensive evaluation of the youth. Assessment information forms the foundation for recommendations to the court regarding a youth’s treatment plan and allows the department to provide the most appropriate services in the least intrusive manner.

(1) While the needs, strengths and history of the individual youth will determine the how, what, when and where of assessment, the process typically tracks the following sequence:

(a) No change.

(b) When a youth is delivered to the department for detention screening, the screener shall also conduct an initial mental health and substance abuse screening. This screening is initiated through a process which includes administration of the Massachusetts Youth Screening Instrument – Second Version 2 (MAYSI-2), and administration of the 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 as well as a review of any other documentation of suicide risk factors that are available at the time of screening.

(c) No change.

(d) After determining whether the youth being delivered to the department meets detention criteria, and after the initial mental health and substance abuse screening is completed, the screener shall conduct the intake process is initiated. The intake process is an analysis of the facts that resulted in the youth being delivered to the department. A summary of those facts will be included in the State Attorney Recommendation (SAR) and the Pre/Post-Disposition Report (PDR), if required. The former is the tool used to inform the state attorney what the department’s suggestion is regarding judicial or non-judicial handling of as to how to proceed with the case. The latter is a resource used by the court to determine a disposition and sanctions for the youth’s case once he or she enters a plea or is found guilty of an offense, or, in the case of a post-disposition report, to assist the department with the placement of the youth if residential commitment is ordered without the benefit of a pre-disposition report.

(e) No change.

(2) No change.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended__________.

 

63D-13.0021 Detention Screening.

(1) The Detention Screening Instrument (DSI) directs the decision-making process as to whether detention care is warranted and whether the youth should be placed into secure detention, or into supervised release detention prior to a detention hearing. The Detention Screening Instrument (DJJ/PROFRM 2 08/2019) is incorporated into the rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-11531.

(a) The DSI shall consist of the following five (5) sections:

1. Section I: Identification Information. Identification information will include youth demographics, information regarding the contact with the parent or /guardian, the arresting officer’s agency, name, and badge number, information about the youth’s DCF history, and a list of all the presenting offenses.

2. through 5. No change.

(b) No change.

(2) In making the decision to detain or release a youth, the JPO/Screener shall take several key factors into consideration:

(a) No change.

(b) The JPO/Screener shall attempt to contact the arresting law enforcement officer, the parent(s)/guardian(s), and the victim to obtain their assessment of the youth and pending charge(s).

(c) No change.

(3) Screening packets for detained youth.

(3)(a) A screening packet shall be completed and uploaded into the document library of JJIS, and copies shall be provided sent to the Clerk of Court, State Attorney’s Office, Public Defender/Defense Attorney, Parent/Guardian, Detention Center, if applicable, and the JPO.

(a)(b) The Documents to include in the screening packet provided to the Clerk of Court shall, include copies of the following:

1. Information sheet/cover page;

2.1. Original aArrest affidavit/court order;

3.2. DSI;

4.3. Face Sheet;

5.4. Supervised Release Agreement and Electronic Monitoring Agreement, if applicable;

6. Financial Statement for Determination of Cost of Care Recovery, if applicable; and

7. Notice to Appear, if the youth is not placed in secure detention.

5. State Attorney Recommendation (SAR); and

(b) The screening packet provided to the State Attorney’s Office shall include the following:

1. Information sheet/cover page;

2. Arrest affidavit/court order;

3. DSI;

4. Face Sheet;

5. Original SAR, if applicable; and

6. Notice to Appear, if the youth is not placed in secure detention.

(c) The screening packet provided to the Public Defender/Defense Attorney shall include the following: Screening packets for Detention and the JPO only, shall also include copies of:

1. Information sheet/cover page; The PREA VSAB;

2. Arrest affidavit/court order; Authority for Evaluation and Treatment (AET); and

3. DSI; The Massachusetts Youth Screening Instrument – Version 2 (MAYSI-2).

4. Face Sheet; and

5. Notice to Appear, if the youth is not placed in secure detention.

(d) The screening packet provided to the Parent/Guardian shall include the following:

1. Information sheet/cover page;

2. If a comprehensive assessment is required, as indicated by the MAYSI-2, a copy of the comprehensive assessment referral packet and the provider’s location, contact information, and appointment time, if scheduled by the JPO/Screener;

3. If an Assessment of Suicide Risk is required, as indicated by the SRSI or MAYSI-2, and the youth is not placed in secure detention, a copy of the Suicide Risk Screening Parent/Guardian Notification Form, signed by a parent/guardian;

4. AET, if signed by a parent/guardian;

5. Supervised Release Agreement and Electronic Monitoring Agreement, if applicable;

6. Financial Statement for Determination of Cost of Care Recovery, if applicable; and

7. Notice to Appear, if the youth is not placed in secure detention.

(e) The screening packet provided to the Detention Center if the youth is placed in secure detention or on supervised release shall include the following:

1. Information sheet/cover page;

2. Arrest affidavit/court order;

3. DSI;

4. Face Sheet;

5. PREA VSAB Screening;

6. MAYSI

7. SRSI

8. AET, if signed by a parent/guardian; and

9. Original Supervised Release Agreement and Electronic Monitoring Agreement, if applicable.

(f) The screening packet uploaded into the document library in JJIS and provided to the JPO shall include all documents provided to the Clerk of Court, State Attorney’s Office, Public Defender/Defense Attorney, Parent/Guardian, and Detention Center, if applicable. The full screening packet must include all documents, including those that are generated and stored in JJIS.

(4) through (5) No change.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.245 FS. History–New 5-4-20, Amended__________.

 

63D-13.0022 Intake Screening.

(1) The purpose of the intake screening process is to assess the youth’s needs and risk to determine the most appropriate recommendations for services by considering the interests of the youth, victim, and community. While intake screening may be partially completed as part of the detention screening process for youth who are delivered to the department for detention screening, the JPO shall be responsible for ensuring that the entire intake screening process is completed for all youth.

(2) through (3) No change.

(4) An initial intake conference with the youth and parent(s)/guardian(s) shall be conducted by the JPO held in all cases unless the youth and parent(s)/guardian(s) refuse or are unable to participate.

(a) The intake conference may be completed at a juvenile assessment center (JAC), at a detention center, the JPO office, or other community-based location. The initial intake conference is voluntary until the youth enters a plea (guilty or no contest) or the youth is found guilty. The JPO shall document all efforts to schedule an intake conference with the youth and parent(s)/guardian(s).

(b) During the intake conference, the JPO interviews the youth and parent(s)/guardian(s) to gather information, explain the youth’s status in the juvenile justice system, and conduct various risk and needs assessments.

1. No change.

2. The JPO completing the CAT shall use his or her own observations and those of collateral sources such as parents/guardians, other department staff, law enforcement, and other informed persons who have knowledge of the youth’s behavior and background. If personal observations or collateral contacts reveal the need for further assessment regardless of the results of the CAT, a referral for further assessment shall be made.

3. For youth who are not delivered to the department for detention screening those referrals not processed at a JAC or detention screening unit, the JPO shall also administer the Suicide Risk Screening Instrument (SRSI), and MAYSI-2 to identify potential mental health and substance abuse needs of the youth.

(c) The JPO shall attempt to obtain written consent for substance abuse treatment from the youth and a parent/guardian at the intake conference for all youth with substance abuse needs.

(5) As part of the intake screening process, the JPO shall collect information to be used in determining a youth’s gang involvement or affiliation.

(a) Once law enforcement has verified gang membership, the JPO shall document an alert in JJIS. Gang alert types include:

1. Other Suspected Gang Affiliation. A referral has been submitted to local law enforcement with information that indicates youth’s potential gang involvement or activities based on staff observations, youth statements, statements by other youth or sources, and supplemental information such as pictures, drawings, or other documents.

2. Documented Gang Associate Documented. Written documentation has been received from law enforcement certifying the youth is as a criminal gang associate, as defined in per sSection 874.03(2), F.S.

3. Gang Member Documented. Written documentation has been received from law enforcement certifying the youth is a criminal gang member, as defined in section 874.03(3), F.S.

(b) Any visible gang related tattoos shall be photographed and uploaded to JJIS.

(c) No change.

(6) As with the complainant and victim information, the information gathered during the initial intake conference is a part of the youth’s assessment of risk and needs and is used in developing the State Attorney Recommendation (SAR) and Pre-Disposition Report (PDR), if ordered.

(a) No change.

(b) The SAR shall address the following: attitude of youth, cooperation of parent(s)/guardian(s), ability of parent(s)/guardian(s) to control youth, attitudes of complainant and victim, information related to youth’s involvement or association with a criminal street gang, and any available information on mental health and substance abuse needs. The State Attorney Recommendation (DJJ/CATFRM 3 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11533.

(c) The JPO/Screener shall submit recommendations to the state attorney within statutory mandated timeframes:

1. through 3. No change.

4. The JPO/Screener is not required to submit an SAR, if the requirement is waived according to an Interagency Agreement with the local State Attorney’s Office (SAO), or the SAO makes a filing decision prior to the twenty 20-day deadline, for non-detained youth.

(7) As part of the intake screening process, the JPO shall complete the Pre-Disposition Report (PDR), if ordered. The PDR is the result of a multidisciplinary assessment of previously gathered information that details the youth’s priority needs, risks, and treatment recommendations. The Pre-Post Disposition Report (DJJ/CATFRM 2 10/2024 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17130 http://www.flrules.org/Gateway/reference.asp?No=Ref-11534.

(a) The PDR shall include an intervention plan that recommends the most appropriate placement and sanctions to meet the youth’s needs at the minimum restrictiveness level that reasonably ensures public safety and the youth’s accountability.

(b) No change.

(c) The PDR shall include language recommending the utilization of effective responses when dealing with technical violations of supervision.

(d) through (f) redesignated (c) through (e) No change.

(8) No change.

(9) Staff will document all actions, efforts, occurrences, and communications related to the management of all youth referred to the department.

(a) through (b) No change.

(c) At least one case note shall address each open Youth Requirement and Change Goal every ninety (90) days for all youth on active supervision.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended__________.

 

63D-13.0025 Comprehensive Evaluation

(1) The comprehensive evaluation builds on the information gathered in previous assessments, screenings, and interviews with the youth and parent(s)/guardian(s) to provide a summary of the youth’s life that focuses on the following areas: vocational, academic, medical, mental health and substance abuse.

(a) No change.

(b) The JPO shall forward the referral packet to the designated provider that is responsible for completing the comprehensive evaluation. The referral packet shall include the following items:

1. Face Sheet Facesheet;

2. through 11. No change.

(c) through (e) No change.

(2) No change.

(3) If residential commitment is being considered or has been ordered by the court, a comprehensive evaluation shall be completed scheduled. The comprehensive evaluation shall be provided to the commitment manager prior to the commitment conference. If the evaluation is not completed by the date of the scheduled commitment conference, the JPO shall make every effort to obtain a draft for the conference. The final evaluation shall be provided before the youth is placed in a residential facility.

(4) A comprehensive evaluation is also required when a youth on conditional release is transferred are pending transfer back to a residential commitment facility. If the most recent comprehensive evaluation completed prior to commitment is over twelve (12) months old, a new evaluation shall be completed to facilitate the transfer process. If available, the new evaluation shall be provided to the commitment manager prior to the transfer staffing. Otherwise, the new evaluation shall be provided before the youth is transferred back to a residential facility.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended__________.

 

63D-13.003 Diversion.

(1) No change.

(2) Typical interventions of diversion programs include community service hours, restitution, random urinalysis, curfew, anger management, educational training, vocational services, and counseling services. Diversion programs may also include mentoring, providing instruction or imparting guidance outside the formal treatment intervention.

(3) Available diversion services are provided in the following forms, though not all are available in every locality:

(a) Prearrest delinquency Civil citation programs provide law enforcement with an alternative to taking youth into custody, while ensuring swift and appropriate consequences for youth who commit non-serious offenses. A record check of the JJIS is completed to determine program eligibility. Upon receipt of the citation, the department or provider shall enter the required information into the Prevention Web.

(b) through (d) No change.

(4) No change.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.601, 985.145 FS. History–New 5-4-20, Amended__________.

 

63D-13.004 Community Supervision.

(1) These rules address the supervision of youth in the community, to include youth on probation, conditional release (CR), and post-commitment probation (PCP). The Youth Empowered Success (YES) Plan is the document developed between the youth, parent(s)/guardian(s), family, and JPO to plan for the successful completion of court-ordered sanctions and address criminogenic needs. The Youth Empowered Success Plan (DJJ/CATFRM 1 08/2019) is incorporated, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11537.

(2) The JPO shall make an initial face-to-face contact with youth on community supervision.

(a) No change.

(b) The purpose of initial contact is to conduct a preliminary review of the court order and provide contact information to the youth and parent(s)/guardian(s) family.

(3) No change.

(4) The initial YES Plan shall be developed with and signed by the youth, parent/guardian, JPO, and JPOS within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, and must be signed by all parties, including the youth, family, JPO, and JPOS. The JPOS shall ensure that the YES Plan meets the requirements of this subsection before the YES Plan is provided to the youth and parent/guardian for signature. All original signatures must be included on one signature page in the fully approved YES Plan. An electronic signature for the JPO and JPOS is acceptable if the signature is applied prior to the youth’s and parent’s/guardian’s signatures.

(a) Once the youth, parent, JPO, and JPOS have signed and dated the initial YES Plan, Tthe JPOS shall will have thirty 30 calendar days to enter an initial supervisory review note into the JJIS case notebook module within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, after the youth, parent, JPO, and JPOS have signed and dated the initial YES Plan. The date of the initial supervisory review note shall serve as the starting point for determining when all subsequent ninety (90)-day supervisory reviews shall be due.

(b) Court-ordered sanctions shall be documented in JJIS in the Youth Requirements Module.

1. Each youth requirement shall contain at least one specific action step for the youth, parent(s)/guardian(s), family, and JPO. Action steps shall clearly indicate who is responsible, what action shall be taken, and how often the action should be taken.

2. For court-ordered sanctions that are not specifically addressed in the Graduated Response Matrix, comparable noncompliance thresholds must be outlined in the YES Plan. In addition to youth, parent/guardian, and JPO action steps, the youth requirement shall include the noncompliance threshold that requires a LIST 1 response, the noncompliance threshold that requires a LIST 2 response, and the noncompliance threshold that requires the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The JPO must consider the youth’s risk to reoffend and severity of noncompliance with the court-ordered sanction when establishing noncompliance thresholds.

3. If sanctions need to be completed during supervision, but are not going to start immediately, the requirement status shall be marked as pending. The requirement start date shall be estimated and the youth requirement shall be reassessed at each ninety (90)-day period. Once the sanction begins, the action steps must be completed. The JPO is responsible for monitoring court ordered restitution payments but are prohibited from accepting or receiving payments in any form.

(c) For youth who are moderate-high and high risk to re-offend, at least one of the top three criminogenic needs shall be addressed by entering creating a Change Goal as a Youth Requirement in JJIS. A The Change Goal is a performance goal included in the youth’s youth on his or her YES Plan that specifically addresses a documents the selected criminogenic need(s) to be addressed. If a Change Goal is not a court-ordered sanction, it must be negotiated with the youth and parent(s)/guardian(s).

(d) For youth who are identified as high risk to re-offend, the YES Plan shall include a delinquency intervention that is recognized by the department as an evidence-based practice, a promising practice, or a practice with demonstrated effectiveness, that targets one of the top three criminogenic needs, unless the JPO documents in writing barriers to participation, such as the lack of available services, lack of youth readiness to voluntarily participate, transportation difficulties, or lack of parent/guardian parental approval for participation.

(e) The youth and parent(s)/guardian(s) family shall be informed of the importance of complying with and successfully completing the YES Plan and shall be provided with a copy of the approved YES Plan and the applicable page from the Graduated Response Matrix, as determined by the youth’s risk to reoffend or Special Public Safety Risk designation, within ten (10) calendar days of approval.

(5) The JPO shall refer the youth and parent(s)/guardian(s) to the appropriate service(s) and provide support and follow-up as identified below to ensure the completion of sanctions and goals in the YES Plan.

(a) No change.

(b) The JPO shall contact the service provider within thirty (30) calendar days of the approval of the YES Plan to ensure that the youth and parent(s)/guardian(s) family have participated in the admission process and are receiving services.

(c) The JPO shall ensure that progress reports, written or verbal, are received from the provider on a regular basis. The JPO shall follow-up with the youth and parent(s)/guardian(s) family on any treatment challenges communicated by the service provider.

(6) While the youth is under the supervision of the department the JPO shall make contacts with the youth and parent(s)/guardian(s) family to ensure the youth’s compliance with the court order and the completion of YES Plan sanctions and goals. These contacts shall be made at youth reporting centers, the youth’s home, school, the probation office, or other community-based location.

(a) During the initial one-hundred and eighty (180) days of the youth’s supervision, which includes youth who are committed minimum-risk, the JPO shall utilize the most current CAT risk to re-offend level to determine the minimum number of face to face contacts.

1. through 2. No change.

(b) No change.

(7) Prolific Juvenile Offender (PJO) youth shall be contacted as follows, until the youth no longer meets the PJO eligibility criteria:

(a) No change.

(b) One (1) face-to-face contact with a the parent/guardian biweekly and one (1) weekly evening telephone call with a the parent/guardian to verify curfew.

(c) through (d) No change.

(8) The assessment of youth is not a one-time event, but an ongoing process. Therefore, the JPO shall update the youth’s risk and needs assessment to ensure that CAT results are reflective of the youth’s status, including changes in behavior and progress with YES Plan sanctions and goals.

(a) Re-assessments shall be done anytime there is a new law violation, after each new disposition, prior to each 90-day supervisory review, and as pre and post testing for all delinquency interventions.

(b) No change.

(c) At a minimum, assessments shall not be more than six months old for any youth on supervision.

(c)(d) No change.

(9) The JPOS shall conduct a supervisory case review of each case at least once every ninety (90) calendar days while the youth is under supervision.

(a) The JPO shall update Youth Requirements and CAT Goals in JJIS prior to the supervisory case review, to include closing completed or terminated sanctions and goals, updating action steps for pending sanctions and goals to reflect the youth’s progress, or adding sanctions or goals to address additional needs identified during supervision.

(b) The JPO shall update the youth’s risk and needs assessment pursuant to subsection (8) prior to each the supervisory case review.

(c) No change.

(d) Within fourteen (14) calendar days of the supervisory case review, the JPO shall notify the youth and parent/guardian parents(s)/guardian(s) of the status of the YES Plan, including any changes made during the supervisory case review. This notification may occur verbally or in writing and shall be documented in the JJIS case notebook module.

(10) If a youth is placed in adult jail, the JPO shall continue case management responsibilities.

(a) No change.

(b) If a youth is placed in adult jail, the JPO shall within two (2) business days of having knowledge that the youth is in jail:

1. through 2. No change.

3. Contact the youth’s parent(s)/guardian(s) family to explain that the youth will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and that the youth shall immediately upon release from jail, contact the assigned JPO to schedule a face-to-face appointment.

4. No change.

(c) No change.

(d) Within three (3) business days of the youth’s release from jail, the JPO shall conduct a face-to-face meeting with youth and parent(s)/guardian(s) family to complete a new CAT and to renegotiate action steps contained in the YES Plan, if applicable. The JPO shall remind the youth and parent(s)/guardian(s) family that the same court-ordered sanctions and interventions are in effect as before he/she entered jail.

(e) No change.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.43514, 985.601 FS. History–New 5-4-20, Amended__________.

 

63D-13.0041 Transfers of Supervision.

(1) The JPO is authorized, with supervisory approval, to transfer active supervision of a case to another unit or circuit for courtesy supervision upon the relocation of a youth. The youth may relocate with a parent/guardian the family or relocate to an alternative living placement, excluding residential commitment. JPOs shall utilize email when notifying other counties or circuits of the relocation of a youth.

(2) through (3) No change.

(4) If the youth relocates to another circuit (inter-circuit), the JPOS shall prepare an email notification to the sending ICJ Circuit Liaison who shall in turn notify by email the receiving ICJ Circuit Liaison, with a copy to the CPO, of the parent’s/guardian’s family’s intent to relocate. The notification shall also include current demographic information for youth and parent(s)/guardian(s) family, as well as a Supervision Transfer Summary.

(5) No change.

(6) The receiving JPO shall make face-to-face contact with a parent/guardian the family within two (2) business days of receiving the transfer request and shall notify the sending JPO that initial contact has been made with the youth and a parent/guardian the family. The receiving JPO and JPOS shall assume all responsibility for risk assessments, YES Plan, and case reviews.

(7) through (8) No change.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.435, 985.46 FS. History–New 5-4-20, Amended__________.

 

63D-13.0042 Violations of Supervision.

(1) These rules apply to youth on probation, CR, and PCP. Possible violations of supervision include the following:

(a) through (c) No change.

(2) The JPO shall investigate all known or reported violations of supervision. Such investigations shall include interviewing the supervised youth, parent(s)/guardian(s), family, school officials, and other relevant collateral sources. In the case of absconding, a diligent search must be completed.

(3) New law violations occur when a delinquency petition is filed for a youth on probation, CR, or PCP. In the case of a new law violation, the JPO shall file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or administrative transfer request (for youth on CR) for any violation that results in the filing of a delinquency petition. All applicable technical violations shall be included in the affidavit. If applicable, the affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request, regardless of whether or not the youth meets the VOP/TRANSFER noncompliance threshold in the Graduated Response Matrix; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance. The JPO is not precluded from filing an affidavit or submitting an administrative transfer request based on the new law violation prior to the state attorney’s decision to file a petition. The Affidavit/Petition for Violation of Probation (DJJ/PROFRM 10 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11539.

(4) Technical violations involve noncompliance with a youth’s court-ordered sanctions, or terms of conditional release, which may include, but are not limited to, community service, curfew, mental health or substance abuse evaluations and counseling, and school enrollment, attendance, and behavior. Technical violations shall be addressed in accordance with the Graduated Response Matrix, including those incurred simultaneously with a new law violation such as not reporting to the JPO as directed, failing to complete community service, failing to follow through with a referral, truancy, or failing to make restitution payments.

(a) Unless a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within seven calendar days of becoming aware of a technical violation, the JPO shall utilize the Graduated Response Matrix to determine the appropriate response based on the youth’s risk to reoffend and the severity and frequency of the noncompliance. If the JPO and JPOS determine that a formal court hearing is not needed to address the violation, and the court has previously approved the use of effective responses to address technical violations, the JPO shall address the non-compliant behavior with a previously court-approved effective response(s). The sanction(s)/intervention(s) selected to address the noncompliant behavior shall be implemented as soon as the JPO confirms the youth violated the terms and conditions of supervision.

1. If the youth meets the LIST 1 noncompliance threshold and has not previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 1.

2. If the youth meets the LIST 1 noncompliance threshold and has previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 1 response(s), a LIST 2 response(s), or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth’s age, maturity level, and criminogenic needs.

3. If the youth meets the LIST 2 noncompliance threshold and has not previously met a LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 2.

4. If the youth meets the LIST 2 noncompliance threshold and has previously met a LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 2 response(s) or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth’s age, maturity level, and criminogenic needs.

5. If the youth meets the VOP/TRANSFER noncompliance threshold, the JPO shall file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance.

(b) If a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within three business days of becoming aware of any additional new law or technical violation(s), the JPO shall file an amended Affidavit/Petition for Violation of Probation or submit an amended administrative transfer request to include the additional violation(s). If the JPO and JPOS decide that court action is warranted, an Affidavit/Petition for Violation of Probation shall be filed with the state attorney alleging that the youth is in violation of supervision. The affidavit shall be filed within seven (7) calendar days of the JPO becoming aware of the technical violation(s).

(5) No change.

(6) Non-compliance with the court order for youth on CR shall be addressed through the administrative transfer process.

(a) The transfer process shall be initiated by the CR service provider or the JPO providing supervision and intervention services.

(b) The service provider/ JPO initiating the transfer process shall forward copies of the transfer request paperwork to the youth, the youth’s parent(s)/guardian(s), the commitment manager, the assigned JPO, the youth’s attorney of record and, if applicable, the Department of Children and Families, the Guardian Ad Litem (GAL), and the youth’s attorney ad litem.

(c) through (f) No change.

(7) If the department recommends a youth be transferred from minimum risk or conditional release to a non-secure, high-risk or maximum risk residential commitment program, the residential commitment manager will request a pick-up order from the youth’s assigned JPO. The JPO will attach the pick-up order to the Request for Transfer document. The JPO will send the documentation to the youth’s committing court. If the court doesn’t provide approval but takes no action in the ten (10) day period, the JPO shall follow up with the court on the status of the pick-up order.

(8) through (9) No change.

Rulemaking Authority 985.64, 985.601, 985.438 FS. Law Implemented 985.435, 985.438, 985.439 FS. History–New 5-4-20, Amended___________.

 

63D-13.0043 Termination of Supervision.

(1) Completion of the court-ordered sanctions shall be the primary determinant when requesting termination of supervision. Voluntary goals shall not impede the release of a youth from supervision. The JPO shall recommend termination when the youth has complied with all court-ordered sanctions and completed any response(s) selected from the Graduated Response Matrix in response to noncompliance with court-ordered sanctions.

(a) If the youth has complied with all court-ordered sanctions without utilization of the Graduated Response Matrix during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction (e.g., community service or counseling).

(b) If the youth has complied with all court-ordered sanctions, but the Graduated Response Matrix was utilized during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction or (60) days after the youth completes the response(s) selected from the Graduated Response Matrix, whichever is later.

(c) The JPO shall continue to monitor compliance with ongoing court-ordered sanctions (e.g. curfew or school attendance) after requesting termination. Any violations of supervision that occur prior to termination shall result in withdrawal of the termination request and the appropriate course of action required by Rule 63D-13.0042, F.A.C.

(2) through (4) No change.

(5) Each youth shall have a final risk and needs assessment using the CAT entered in JJIS to serve as a marker of the youth’s status at the end of supervision. This assessment shall be completed within the last thirty (30) days of supervision.

(6) through (7) No change.

(8) The JPO shall notify the youth and a parent/guardian family in writing that the youth is no longer under supervision.

(9) No change.

Rulemaking Authority 985.64, 985.438, 985.601 FS. Law Implemented 985.14, 985.435, 985.438 FS. History–New 5-4-20, Amended__________.

 

63D-13.005 Juvenile Assessment Centers.

(1) through (3) No change.

(4) In Rules 63D-13.0051 through .0054, F.A.C., the term “JAC” shall apply to all detention screening locations, including those that are not formally identified as JACs through an interagency agreement.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.135, 985.601 FS. History–New 5-4-20, Amended__________.

 

63D-13.006 Non-Residential Facilities.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed __________.

 

63D-13.0061 Safety and Administration.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed __________.

 

63D-13.0062 Service Delivery.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed __________.

 

63D-13.0063 Minimum-Risk Commitment.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed _________.

 

63D-13.0064 Progress Reports.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.455, 985.601 FS. History–New 5-4-20, Repealed __________.

 

63D-13.0065 Release.

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.455, 985.601 FS. History–New 5-4-20, Repealed __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sonny Peacock, Asst. Secretary for Probation & Community Intervention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Eric Hall, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 07, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2024