Florida Administrative Code (Last Updated: October 28, 2024) |
63. Department of Juvenile Justice |
63D. Probation |
63D-13. Probation And Community Corrections |
1(1) The purpose of the intake 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.
34(2) The JPO shall review the written complaint, or arrest affidavit, as the first step in case processing.
52(3) Once the complaint is reviewed, the JPO shall attempt to gather information from the complainant and victim (if applicable). These contacts shall be conducted as soon as possible, but no later than seven (7) working days upon receipt of the complaint. During these contacts, the JPO shall obtain information that may not be contained in the complaint and request the complainant’s and victim’s opinion regarding case handling and disposition. The JPO shall use JJIS to enter or update information related to the new complaint(s), victim information, and youth demographics.
142(4) An initial intake conference with the youth and parent(s)/guardian(s) shall be held in all cases unless the youth and parent(s)/guardian(s) refuse or are unable to participate.
169(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.
215(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.
2461. The JPO shall use the Community Assessment Tool (CAT) to conduct a risk and needs assessment on all youth charged with a criminal or delinquent offense. 273The Community Assessment Tool (DJJ/CATFRM 21 08/2019) is incorporated and is available at 286http://www.flrules.org/Gateway/reference.asp?No=Ref-11532288.
2892. The JPO completing the CAT shall use his or her own observations and those of collateral sources such as parents, 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.
3553. For 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.
393(c) The JPO shall attempt to obtain written consent for substance abuse treatment from the youth and parent at the intake conference for all youth with substance abuse needs.
422(5) As part of the intake process, the JPO shall collect information to be used in determining a youth’s gang involvement or affiliation.
445(a) Once law enforcement has verified gang membership, the JPO shall document an alert in JJIS. Gang alert types include:
4651. Other Suspected Gang Affiliation. 470A 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.
5112. Documented Gang Associate. Written documentation has been received from law enforcement certifying youth as a gang associate per Section 531874.03, F.S.
533(b) Any visible gang related tattoos shall be photographed and uploaded to JJIS.
546(c) All gang-related information shall be shared with local law enforcement agencies, the assigned JPO, and the educational provider.
565(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.
608(a) The SAR is a report detailing the department’s recommendation and justification as to how the state attorney should proceed with the case. The three primary options in making the recommendation to the state attorney are non-judicial handling, judicial handling, or handling as an adult.
653(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 7053 08/2019) is incorporated and is available at 713http://www.flrules.org/Gateway/reference.asp?No=Ref-11533715.
716(c) The JPO shall submit recommendations to the state attorney within statutory mandated timeframes:
7301. Twenty-four (24) hours after a youth is placed in secure detention,
7422. Twenty (20) calendar days after the date a youth is taken into custody by law enforcement but not securely detained,
7633. Twenty (20) calendar days from the date the department receives the complaint, if the youth is not taken into custody by law enforcement.
7874. The JPO 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), 814or 815the SAO makes a filing decision prior to the twenty 20-day deadline, for non-detained youth.
830(7) As part of intake, 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 869Pre-Post Disposition Report (DJJ/CATFRM 2 08/2019) 875is incorporated and is available at 881http://www.flrules.org/Gateway/reference.asp?No=Ref-11534883.
884(a) The PDR shall include an intervention plan that recommends the most appropriate placement to meet the youth’s needs at the minimum restrictiveness level that reasonably ensures public safety and the youth’s accountability.
917(b) The JPO and JPOS shall utilize the department’s Disposition Recommendation Matrix as a decision-making guide when considering recommendations to include in the PDR for law violations. The Disposition Recommendation Matrix (DJJ/PROFRM 11 08/2019) is incorporated and is available at 957http://www.flrules.org/Gateway/reference.asp?No=Ref-11535959.
960(c) The PDR shall include language recommending the utilization of effective responses when dealing with technical violations of supervision.
979(d) If the PDR includes a recommendation for residential commitment, the recommendation must be the result of a pre-staffing between the JPO and JPOS, and a commitment conference with the commitment manager.
1011(e) The JPO shall submit the PDR upon completion of the report or no later than the statutorily mandated timeframes within forty-eight (48) hours prior to the disposition hearing.
1040(f) The JPO shall complete a Post-Disposition Report (PDR), which, like the pre-disposition report, indicates what the youth’s risk and priority needs are, but only completed if residential commitment has been ordered by the court without a predisposition report ever having been ordered. To ensure appropriate placement and services, the Post-Disposition Report shall be completed within fourteen (14) business days following the disposition.
1103(8) The department is required to complete an Adult Sentencing Summary for youth being tried as an adult. The Adult Sentencing Summary provides detailed information relevant to the youth’s status and history with the department, programs and services provided or arranged by the department, family situation, any known special mental health or substance needs, and a recommendation as to whether the youth should be sentenced to the adult or juvenile justice system. The Adult Sentencing Summary (DJJ/PROFRM 29 08/2019) is incorporated and is available at 1188http://www.flrules.org/Gateway/reference.asp?No=Ref-115361190.
1191(9) Staff will document all actions, efforts, occurrences, and communications related to the management of all youth referred to the department.
1212(a) The JJIS case notebook module is the sole source of documentation for all case management and supervision activities in all state-operated and provider community supervision programs. Each case note entered into the case notebook module shall be entered within seventy-two (72) hours of the event that is being documented. After seventy-two (72) hours, the case note is considered a “late entry” and must be labeled as such in the 1282General Narrative 1284section.
1285(b) At least one case note must be entered every ninety (90) days for all open cases, 1302regardless of legal status.
1306(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.
1331Rulemaking Authority 1333985.64, 1334985.601 FS. 1336Law Implemented 1338985.14, 1339985.145 FS. 1341History–New 5-4-20.