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. Section II: Risk Assessment. The JPO/Screener shall choose one applicable factor and assess the respective point value for each category. If multiple categories are applicable, the JPO/Screener will choose the factor with the highest point value association.

3. Section III: Statutory/Policy Overrides. The JPO/Screener shall consider all statutory/policy overrides to determine if they are applicable to the youth. The JPO/Screener shall mark all applicable overrides for each screening. Statutory/policy overrides may result in a placement modification but cannot be used to modify the results of Section II.

4. Section IV: State Attorney Review/Decision. State Attorney Review/Decision is used when the JPO/Screener obtains objective information that suggests a youth’s intake placement should be modified. The JPO/Screener shall contact the state attorney to obtain agreement for the modified placement, as described in Section IV of the DSI. The youth should only be moved one category in either direction. The JPO/Screener shall document the name of the state attorney and reasons for the placement modification in the narrative portion of Section V.

5. Section V: The Narrative. The narrative shall include all pertinent information related to the items in Sections II through IV of the DSI. The narrative shall not include any information related to mental health or medical concerns that would result in a violation of the Health Insurance Portability and Accountability Act (HIPAA).

(b) A completed DSI is required for all youth when presented to the department for detention screening.

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

(a) The detention placement decision shall be based upon an independent assessment of risk determined by the DSI. 

(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) The JPO/Screener shall check the Juvenile Justice Information System (JJIS), Department of Children and Families (DCF) client information system, and Florida Criminal Investigation Center/National Criminal Investigation Center (FCIC/NCIC) system to obtain a prior history on the youth, if available. If one or more systems is not available at the time of screening, then the JPO/Screener shall document all subsequent efforts to obtain background information from these systems.

(3) Screening packets for detained youth.

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

(b) Documents to include in the screening packet, include copies of the following:

1. Arrest affidavit/court order;

2. DSI;

3. Face Sheet;

4. Supervised Release Agreement, if applicable;

5. State Attorney Recommendation (SAR); and

6. Financial Statement for Determination of Cost of Care Recovery.

(c) Screening packets for Detention and the JPO only, shall also include copies of:

1. The PREA VSAB;

2. Authority for Evaluation and Treatment (AET); and

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

(4) Youth wanted in another jurisdiction and presented for detention screening.

(a) The JPO/Screener shall access the “contact persons” portion of the JJIS Face Sheet to identify the issuing county JPO and JPOS. The JPO/Screener shall contact the issuing JPO by telephone, to inform them that the youth has been detained (identify county) and shall identify the specific detention center where the youth will be going. The JPO/Screener shall also send a follow-up email to the issuing county JPO and JPOS, to include the youth’s name, Department of Juvenile Justice identification number, the county where the youth is detained, and the name of the detention center where the youth will be held.

(b)The receiving JPO or JPOS shall notify the clerk of court of the issuing county that the youth has been taken into custody and is being held in secure detention.

(5) The Vienna Convention on Consular Relations requires the United States through the arresting or detaining agency to notify every foreign national of their right to have their consulate contacted when they are arrested or detained, and certain countries have mandatory notification requirements regardless of the foreign national’s desire for notification.

(a) The following procedure must be followed on every youth being screened for detention:

1. The JPO/Screener must ask the youth the following question: Are you a U.S. citizen? If the youth answers “no”, then the following question must also be asked: Where were you born?

2. The JPO/Screener must then check to see if the foreign country is on the mandatory notification list found at the U.S. Department of State’s website. If the country is a mandatory notification country the following statement shall be read to the youth: “Because of your nationality, we are required to notify your country’s consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country’s consular officials as soon as possible.”

3. The JPO/Screener shall telephone or fax the notification of detention to that consular office.

4. The JPO/Screener shall document the notification process on the State Attorney Recommendation (SAR).

5. If the country is not on the mandatory notification list, the screener will inquire as to whether the youth wishes his or her consular office to be notified. If the youth desires his/her consular officials to be notified, then the JPO/Screener shall repeat the steps outlined above.

(b) If contacted by a federal entity about the immigration or citizenship status of a youth, the JPO/Screener shall notify the Chief Probation Officer (CPO) or designee immediately, who will then notify the local Assistant General Counsel regarding the immigration enquiry.

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