63D-13.0042. Violations of Supervision

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

(a) New law violations;

(b) Technical violations; and

(c) Absconding.

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

(3) In the case of a new law violation, the JPO shall file an Affidavit/Petition for Violation of Probation for any violation that results in the filing of a delinquency petition. All applicable technical violations shall be included in the affidavit. The JPO is not precluded from filing an affidavit 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 court-ordered sanctions, 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) 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.

(b) 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) For the youth to meet the criteria for absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision by removing himself or herself from the home or community. A youth reported by family member, law enforcement agency, or foster care agency to have run away is considered an absconder.

(a) At the point the JPO considers the youth to have absconded, the JPO shall document all efforts to locate the youth. The JPO has no more than seventy-two (72) hours to complete the diligent search.

(b) Within one (1) business day of determining that the youth has absconded, the JPO shall complete and file with the court an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation.

(c) The JPO shall notify law enforcement of the absconded youth once an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation have been filed.

1. The referral indicating the violation of probation shall be entered in JJIS at the time the paperwork is submitted to the court.

2. The placement and alert of abscond status shall be entered in JJIS upon receipt of the signed Order to Take into Custody from the court.

(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 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) The transfer request paperwork shall include a copy of the following:

1. Commitment order;

2. Signed YES Plan;

3. Reasons for the request; and

4. Recommendation as to the restrictiveness level necessary to ensure protection of the public and to meet the treatment needs of the youth.

(d) The transfer request paperwork must be submitted to the commitment manager three (3) business days prior to the transfer staffing.

(e) The commitment manager shall chair a staffing with the program staff, the youth, the youth’s parent(s)/guardian(s), the JPO, and other interested parties who have information regarding the transfer request.

(f) Following the review, the commitment manager shall approve or deny the transfer. The commitment manager may approve a transfer to a program at the same or different restrictiveness level.

(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) Within seventy-two (72) hours of the commitment manager’s decision to deny the transfer, the commitment manager shall send a letter to the youth, the parent(s)/guardian(s), the conditional release program that requested the transfer and the JPO.

(9) Disputes between department staff and/or the program over the decision to transfer or the placement of the youth considered for transfer shall be resolved at the lowest level possible, following the department’s chain of command.

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