The proposed rule implements section 985.31, Florida Statutes, establishing program guidelines, standards and requirements for serious or habitual juvenile offender programs.

 

 

DEPARTMENT OF JUVENILE JUSTICE

63E  RESIDENTIAL SERVICES

 

63E-3  SERIOUS HABITUAL OFFENDER PROGRAMS

 

RULE TITLES: RULE NOS.:

Purpose and Scope.63E-3.001

Program Guidelines.63E-3.002

Program Monitoring and Evaluation.63E-3.003

Construction.63E-3.004

HIV Testing.63E-3.005

Research Projects.63E-3.006

 

PURPOSE AND EFFECT:  The proposed rule implements section 985.31, Florida Statutes, establishing program guidelines, standards and requirements for serious or habitual juvenile offender programs.

SUMMARY:  The proposed rule establishes the program guidelines for serious or habitual juvenile offender programs, including the standards for monitoring and evaluation, facility construction, the protocol for conducting research, and the requirements governing HIV testing.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

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, 985.405, 985.31 FS.

LAW IMPLEMENTED:  985.31 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND 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-3.001 Purpose and Scope.

This rule establishes the standards and requirements for the department’s administration of the serious habitual offender programs as required by statute.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(1) FS.  History—New________.

 

63E-3.002 Program Guidelines.

A serious habitual offender program shall include the following components.

(1) Appropriate care, custody and supervision commensurate with the risk presented by the resident population;

(2) Incorporation of restorative justice principles;

(3) Case management;

(4) Admission and orientation;

(5) Discharge;

(6) Health services;

(7) Mental health;

(8) Substance abuse;

(9) Educational services;

(10) Pre-vocational and vocational training;

(11) Mentoring, positive role modeling and positive one-on-one and small group interactions;

(12) Recreation and leisure activities;

(13) Community involvement opportunities;

(14) Treatment modalities that include aggression replacement training;

(15) Health education programming; and

(16) Behavior management.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(2) FS.  History—New________.

 

63E-3.003 Program Monitoring and Evaluation.

(1) Regional staff shall develop a monitoring plan for each Serious Habitual Offender Program as it relates to the terms and conditions of the contract, procurement response and expected services to be delivered.

(2) Regional staff shall conduct site visits, assessing program effectiveness, maintaining supporting documentation and ensuring the implementation and completion of corrective actions.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(1) and (5) FS.  History—New________.

 

63E-3.004 Construction.

(1) The department shall assess the need for additional facilities prior to the siting or construction of more than one facility in any judicial circuit in compliance with all local zoning codes.

(2) The department shall ensure that any newly constructed or leased facility is designed to comply with the following:

(a) The number of beds per facility shall not exceed 25.

(b) Designated facilities for serious or habitual juvenile offenders shall be separate and secure facilities.

(c) Provide adequate space for the activities of the facility, to include sleeping rooms, day rooms, and multipurpose areas.

(d) Provide adequate toilets, washbasins and showers consistent with the number of youth in the facility.

(e) Provide appropriate facilities to safely and securely meet the needs of handicapped youth.

(f)  Provide adequate classroom space equipped with audio/video surveillance capabilities.

(g) Provide adequate outdoor space to allow at least one hour of outside activity.

(3) All construction shall comply with established building codes and requirements.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(5) FS.  History—New________.

 

63E-3.005 Human Immunodeficiency Virus (HIV) Testing.

(1) Serious habitual offender programs shall provide for youth to have HIV testing, as well as individual, confidential, pre- and post-test HIV counseling.

(2) Testing procedures and confidentiality of results shall be governed by rule 63M-1.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(4) FS.  History—New________.

 

63E-3.006 Research Projects.

(1) All research project requests must follow the department’s Institutional Review Board Proposal Review Process, prior to any contact with youth.

(2) No research project involving contact with youth or access to confidential information may be authorized without the department’s IRB and permission from the Secretary of the department.

 

Specific Authority 985.31 FS.  Law Implemented 985.31(4) 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.