The proposed rule implements section 985.309(8) and (9), Florida Statutes, governing the quarterly inspection and evaluation of juvenile boot camp programs.

DEPARTMENT OF JUVENILE JUSTICE

RULE NOS.: RULE TITLES:

63E-2.023 Quarterly Inspection and Evaluation Standards

PURPOSE AND EFFECT:  The proposed rule implements section 985.309(8) and (9), Florida Statutes, governing the quarterly inspection and evaluation of juvenile boot camp programs.

SUMMARY:  The proposed rule establishes the standards by which boot camp programs are inspected and evaluated.  The inspection shall cover compliance with department rules and contracts, program safety and security, the provision of treatment, behavior management, medical services, and administration.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory costs has been prepared.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY:  20.316 FS., 985.405 FS., 985.309 FS.

LAW IMPLEMENTED:  985.309(8), (9) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIMEAND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

TIME AND DATE:  10:00 a.m., April 17, 2006

PLACE:  DJJ Headquarters, Knight Building, Probation Conference Room 108, 2737 Centerview Drive, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Clyde Benedix, Policy Development Officer, Department of Juvenile Justice, Office of Administration, 2737 Centerview Drive, Ste. 312, Tallahassee, FL 32399-3100, phone number [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63E-2.023 Quarterly Inspection and Evaluation Standards.

(1) All boot camp programs, whether operated by the department, county or municipal government shall be inspected and evaluated by the department to determine operational compliance at least quarterly.  The inspection and evaluation shall include, but are not limited to:

(a) Department policy, rule and contract compliance:

1. The inspection/evaluation shall include operational compliance with admission criteria and screening, behavior management sanctions and privileges, and disciplinary confinement.

2. Boot camp procedures shall be developed and implemented in accordance with policy requirements as established by the department.

3. A contractual boot camp will comply with the terms and conditions as identified in their contract.

(b) Safety and security:

1. The boot camp shall implement procedures governing the safety and security of staff and youth, security inspections and checks, and preventive maintenance and control of safety and security equipment.

2. The boot camp shall implement procedures covering escape prevention and escape response plans.

3. The boot camp shall implement procedures regarding youth counts, movements, transportations, staffing, disturbances and disaster or emergencies.

(c) Treatment:

1. The boot camp shall implement procedures governing youth treatment and activities, living environment issues, youth work assignments, physical training, delivery of specialized treatment services, and youth case management.

2. The boot camp shall provide for visitation and family involvement, correspondence and telephone communications for the youth in the program.

3. The boot camp shall include academic and vocational activities, life and job skills, and appropriate decision making training for the youth.

(d) Behavior Management:

1. The boot camp shall implement a behavior management system, which includes consequences, sanctions and privileges for youth.  The system may elaborate upon, but may not contradict, the requirements of section 63E-2.013.

2. The boot camp behavior management system shall not deny a youth meals, clothing, sleep, education, exercise or physical and mental health services.

3. Boot camp procedures shall be implemented for usage of disciplinary confinement, mechanical restraints, and control techniques and providing appropriate documentation requirements.  The use of disciplinary confinement must be in accordance with section 63E-2.014.

(e) Medical:

1. The boot camp shall implement a written plan or procedure governing medical, substance abuse and mental health services and assessments.

2. The boot camp shall have a written suicide prevention and response plan.

3. The boot camp shall have a designated health authority.

4. The boot camp shall implement procedures covering medication storage, documentation, monitoring and distribution; sick call and medical appointments; “medical and mental health alerts”; management of health and mental health records and information; and control of infectious and communicable diseases.

(f) Administration.

1. The boot camp shall implement procedures governing the administrative operation of the program, community interaction and involvement, staff responsibilities, staffing requirements, and administration of program services.

2. The boot camp shall have a written program description and mission statement.

3. Boot camp procedures shall be developed and implemented covering personnel, budgetary, property management, scheduling and operation of the program.

(2) All deficiencies or failures to comply shall be reported, in writing, to the department’s regional director and Assistant Secretary for Residential and Correctional Facilities.

(3) The boot camp shall develop a corrective action plan to address all deficiencies reported and submit the plan to the department’s regional director and Assistant Secretary for Residential and Correctional Facilities.

(4) The department shall terminate the program in the event the program fails to comply with department policies or rules within three months or unless there are documented extenuating circumstances.

Specific Authority 985.309 FS.  Law Implemented 985.309(8), (9) FS.  History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Clyde Benedix, Policy Development Officer, Office of Administration, Department of Juvenile Justice.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jane McElroy, Assistant Secretary for Administration, Department of Juvenile Justice.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 23, 2006.

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:  February 3, 2006.