Office of Legislative Affairs Legislative Wrap-Up Report. Anthony J. Schembri Secretary

Transcription

1 Department of Juvenile Justice Office of Legislative Affairs 2005 Legislative Wrap-Up Report Anthony J. Schembri Secretary

2 The following is an overview of the major bills impacting the Department of Juvenile Justice and the budget passed by the 2005 Florida Legislature. HB 577 Interstate Compact for Juveniles -- Representative Needelman CH , Laws of Florida Revises Florida s Interstate Compact Law for the first time in 50 years. Establishes an independent compact administrative agency, National Commission, with the authority to administer the ongoing compact activity, including provisions for full-time staff support. Provides for gubernatorial appointment of authorized voting representatives for all member states on the commission, which meets at least annually to attend to general business, rule making, and enforcement procedures to enhance the process and help resolve potential issues among states. Assists with the collection of standardized information and information sharing. Allows states to add interested groups to the state council at the discretion of the participating State. Promotes cooperation among state agencies (i.e., DJJ, DCF, Law enforcement, Judicial, Victim Advocates). Provides coordination and cooperation with other interstate compacts having overlapping jurisdiction such as the Interstate Compact on the Placement of Children and the Interstate Compact for Adult Offender Supervision. The state (Florida) council will be comprised of the DJJ Compact Administrator (or designee), representatives from the Judicial and Executive branches of government and a Victim s Advocate. Increases communication and involvement between the Interstate Compact on Juveniles office and the judiciary with the establishment of the state council. Effective: July 1, 2005

3 HB 1917 Juvenile Justice -- Justice Appropriations Committee Includes part of HB 1151 Representative Llorente; SB 1914 Senator Argenziano CH , Laws of Florida Amends s , F.S., creating a definition for day treatment, making it a nonresidential, community-based program and creating a definition for minimum-risk nonresidential commitment program for youth who remain in the community and participate at least 5 days per week in a day treatment program. Amends ss and , F.S., allowing authorized agents of the Department and law enforcement officers to take a youth who has absconded from a non-residential commitment program into custody. Expands the definition of fiscally constrained county as it relates to the detention cost shift to include Highlands County, Sumter County, and Wakulla county for FY Amends s , F.S., providing that youth who have committed an offense that is a second-degree misdemeanor may not be held in a minimum-risk nonresidential commitment program for longer than 6 months. Requires the youth s performance-based treatment plan be submitted to the court quarterly unless the court requests a monthly report. Amends s , F. S., to include cost of care fees of $1 per day for the newly created minimum-risk nonresidential commitment level. Permits youth in the high-risk residential level to be court-approved for up to 72 continuous hours of community release for family emergencies or during the last 60 days of commitment, for home visits, job interviews, school enrollment, or community service projects. Starting on December 15, 2005, requires the Department to electronically submit fingerprints to FDLE of all currently employed or contracted personnel. Requires the Department to electronically submit fingerprints obtained during background screening to FDLE. FDLE will use these retained fingerprints to search for arrests on an ongoing basis and report arrests to DJJ. DJJ will notify FDLE of persons no longer employed within six months of leaving. Requires the Department to use Level 2 screening and conduct a federal criminal records check every five years following the date of the person s hire for personnel employed or contracted in delinquency programs. Authorizes the creation of a new Task Force on Juvenile Sexual Offenders and Their Victims. The Department is required to initiate the task force prior to

4 August 1, 2005, to review and evaluate the state s laws addressing juvenile sex offenders and the Department s procedures for serving these offenders and their victims. The Secretary must appoint 12 members as prescribed in this section. The task force must submit its written report with findings and recommendations by December 1, The Department must provide administrative support to the task force, which shall be dissolved upon submission of its report. Members are not entitled to travel or per diem. Requires the Department to establish a task force to study the feasibility of a certification system for professional staff working for juvenile justice service providers. Membership is prescribed to include six provider representatives, two Department representatives, and two representatives of the Florida Certification Board. The task force report is due January 1, The Department must provide administrative support to the task force, which shall be dissolved upon submission of its report. Members are not entitled to travel or per diem. Provides a technical change to Juvenile Justice Board and Council composition. Effective: July 1, 2005 HB 1935 Teen Court Funding -- Representative Simmons CH , Laws of Florida Section 71 Section F.S., Teen Court Amendment Counties having teen courts can mandate up to a $3 assessment on traffic fines to fund teen courts. Requires court fees to be assessed in the circuit and county court in the county against persons who plead guilty to, are convicted of or pay a fine or civil penalty for any violation of any traffic citation, regardless of whether adjudication is withheld. Requires the clerk of the court to collect the fees and remit them to the teen court on a monthly basis, subject to a 5-percent withholding fee to be retained by the clerk. Teen courts receiving fees from the clerk of the court are required to provide a written report to the board of county commissioners each year by August 1, or another agency as designated by the board of county commissioners. Exempts parking fines, other than handicapped parking violations, from the fee. Effective: July 1, 2005

5 SB 2196 Trust Funds/Department of Juvenile Justice Senator Crist CH , Laws of Florida Creates Shared County/State Juvenile Detention Trust Fund within Department of Juvenile Justice. Provides for sources of funds and purposes; provides for future review and termination or re-creation of trust fund. Effective: July 1, 2005 HB 1283 Relating to Child Support Representative Galvano CH , Laws of Florida Section 19 Section F.S., Certificate of Live Birth Amendment Requires the Department of Revenue to develop written educational materials describing the process and benefits of establishing paternity. Requires the Department of Juvenile Justice to make the written material available to individuals receiving services from the Department. Encourages the Department to provide additional education on how paternity is established and the benefits of establishing paternity. Effective: July 1, 2005 SB 1090 Psychotropic Medication Senator Campbell CH , Laws of Florida Section 6 S F.S., Administration of psychotropic medication; prohibition; conditions Defines psychotropic medication. Prohibits a public school from denying a student access to programs and services under certain conditions.

6 Authorizes public school teachers and school district personnel to share certain information with a student s parents. Prohibits public school personnel from compelling certain actions by a parent and authorizes the refusal of psychological screening. Decision making authorized to medical personnel. Effective July 1, 2005

7 BUDGET HIGHLIGHTS *All legislative initiatives are subject to the Governor s approval. Detention Services: Detention Centers $115,683, FTE Home Detention $0 0 FTE Enhancements $1,400,000 increase in recurring funds for State s share of Secure Detention costs. $500,000 for Detention Health Care (to be used to contract, for the development of criteria, and provide oversight for psychiatric testing). $2,700,000 for Home Detention electronic monitoring. Legislative Initiatives = $1,795,524 Detention Cost Share $90,655,494 for share of funding responsibility for pre-disposition detention with local government shared county/state juvenile detention $5,529,581 General Revenue to exempt small counties

8 Probation and Community Corrections: Juvenile Probation $90,735,116 1,529.5 FTE Aftercare /Conditional Release $28,590, FTE Non-Residential Delinquent Rehab $24,864,375 0 FTE Technical $487,235 transferred from the Non-Secure Residential Commitment budget entity to Aftercare for Vocational Training programs. Fund Shift Juvenile Accountability Block Grant (JABG) From General Revenue, $279,642 was appropriated to make up for the loss of Federal JABG funding. Enhancements $2,259,508 for 140 New Day treatment slots. $952,492 for expansion of Re-Direction program. Of the $952,492, $660,892 is provided to expand the redirection program to the 9 th and 18 th judicial circuits in Brevard County. Price Level Increase for Private Providers o Aftercare/Conditional Release $404,326 o Probation $231,652 o Non-Residential Delinquency Rehab $360,972 Legislative Initiatives = $3,117,235 Prevention & Victim Services Delinquency Prevention $60,164, FTE Reductions Reduced CINS/FINS Grants & Donations Trust Fund Authority = ($3,000,000) Enhancements Price Level Increase for Private Providers o $161,952 (Pace Centers) o $540,735 (CINS/FINS) Fund Shift Juvenile Justice Delinquency Program (JJDP) From General Revenue, $600,000 was appropriated to assist in making up for the loss of the federal Challenge Grants

9 Residential and Correctional Facilities Non-Secure Res. Commitment $165,939, FTE Secure Res. Commitment $125,930, FTE Reductions Reduces Residential Commitment bed funding by ($6,935,000), equally between Non-Secure & Secure budget entities. This reduction eliminates 200 Residential Commitment beds in contracted services (115 Non-Secure & 85 Secure) Reduces bed funding for 32 beds from the Florida Institute for Girls (FIG). Nonrecurring general revenue was not re-appropriated for FIG. Enhancements Mental Health Overlay Services = $1,000,000 (to be used for the Secure Residential budget entity) Price Level Increase for Private Providers = $2,406,074 (Non-Secure Residential); $1,394,289 (Secure Residential) Fund Shift -- Juvenile Accountability Block Grant (JABG) / Violent Offender/Truth in Sentencing (VOI/TIS) $1,462,925 of General Revenue was appropriated to cover the loss of JABG funding dedicated to Milton Girls & FIG $4,000,000 General Revenue was appropriated to ease the loss of federal VOI/TIS funds. Executive Direction & Support Services Information Technology $6,468, FTE Executive Dir & Support Services $21,661, FTE Enhancement FCO Repairs & Maintenance = $1,343,452 provides for detention and residential facilities Funds the Department to continue to pay the current share of the life and disability insurance premiums. Continues to fund all the current health insurance. Provides for a 3.6% pay adjustment of each employee s base rate of pay Effective: August 1, 2005 Maintains Fiscal Year rates for health insurance through December 2005.

10 SPECIAL MEMBER PROJECTS - VETOES AMOUNT APPROPRIATION PROJECT NAME BUDGET ENTITY VETOED LINE ITEM The Village Inn for Boys (Dade) Detention 200, GAP Statewide Expansion Detention 1,000, Oversight for Psychiatric Testing Detention 500, Electronic Monitoring Detention 2,700, A Sub-total (Detention) 4,400,000 Panama Key Island - Power Line Non-Res. Delinquency Rehab 250, R Sub-total (Non-Res Delinq Rehab) 250,000 Twin Oaks Inten. Short-Term Pilot Program Non-Secure Residential 100, A FCO - Eckerd Youth Alternatives Non-Secure Residential 500, B Sub-total (Non-Secure Residential) 600,000 FCO - Clearwater Youth Crisis/Family Counsel Ctr. Prevention 250, A Youth Advocate Program (Duval/Hills.) Prevention 450, Youth Crime Watch of Florida Prevention 200, City Policing Athletic League Programs- Brevard Prevention 210, Program SMART (Pasco County) African American Female Del/Prev. Program Intergenerational Mentoring Prevention 25, New Horizons Prevention 50, ASPIRA Prevention 75, The Village Inn Home Services Youth Inter/Div. Program (Indian River/St.Lucie) Prevention 260, Big Brothers/Sisters Read Ment (Indian River/St.Lucie) Peggy Mitchell Peterman Empow. Ctr. Fl. Christian Social Service Project Prevention 200, Helping Youth Promote Excellence Prevention 50, Journalism Arts/Music Program Tutorial Education/Recreation Program Prevention 200, From Black to Black Man Prevention 34, Reg. Juvenile Crime Prevention Initiative (Alachua) Prevention 175, Voc/Entrepreneurial Program (Walton) Prevention 150, PACK Summer Camp (Pasco) Prevention 50, Boys and Girls Club of Bay County Prevention 200, Reconnection Youth (Jefferson) Prevention 62, Community Youth Center (Baker) Dixie County Community Center 5000 Remote Models of Excellence Prevention 200, Club FYT (Orange/Osceola) Prevention 75, Where You At Youth Program Prevention 90, After School Tutorial Program - Hallandale Child Development Community Policing Program Father Flanagan's Girls and Boys Town of Central Fl. POPS Program Prevention 245, Lowry Park Zoo Juvenile Program Prevention 250, Youth Build Outreach Prevention 200, Community Action Agency Youth Leadership Prevention 60, Sub-total (Prevention) 4,861,000 TOTAL VETOES 10,111,000

11 SPECIAL MEMBER PROJECTS NOT VETOED AMOUNT APPROPRIATION PROJECT NAME BUDGET ENTITY VETOED LINE ITEM The Village Inn for Girls (Dade) Detention 300, Increase Juvenile Justice Prevention Services Aftercare Svcs/Cond Release 1,000, E Project Craft (Homebuilders) Non-Secure Residential 350, A Incr. Polk County Boot Camp Per Diem Non-Secure Residential 200, Eckerd Youth Alternative Non-Secure/Secure Residential 500, /1135 Renovation to Stewart Marchman - Daytona Non-Secure Residential 258, A PACE Pre-teen Center for Girls Prevention 500, Incr. Funding PACE (P.B., Collier, St. Lucie) Prevention 100, Operation PAR, Inc. Prevention 725, Seminole County Drug Court Prevention 280, GUYS Program Expansion Prevention 335, Incr. Funding Comm. Coalition Prev./Intr. Prg. Prevention 250, Total Projects Not Vetoed 4,798,000

12 Budget Comparison FY / FY FY FY FTEs Budget FTEs Budget Juvenile Detention Detention Centers 2, $115,683,231 2, $115,281,518 Home Detention -0- $ 0-0- $ 2,217,974 Probation/Community Corrections Aftercare $ 28,590, $ 27,401,646 Juvenile Probation 1, $ 90,735,116 1, $ 89,524,016 Non-Res Del -0- $ 24,864, $ 21,968,895 Prevention $ 60,164, $ 65,675,701 Residential Non-Secure $165,939, $166,861,847 Secure $125,930, $127,823,388 Executive Direction Executive Dir $ 21,661, $ 19,291,904 Information Tech $ 6,468, $ 6,411,788 DJJ Total 5, $640,037,809 5, $642,458,677 Florida Education Funding Program (FEFP) Continues the Hold Harmless Funding Level for Juvenile Justice Education to the funding level. o The education program funds that are earned by DJJ youth will be no less than the amount earned in , when DJJ youth were funded at a program cost factor of DJJ education programs are to receive 90% of FEFP generated funds. Base Student Allocation for is $3, per student, an increase of $72.16 per student above level. o Base funds that are needed for education in the K-12 arena are designated in the Florida Education Finance Program. Exceptional Student Education Guarantee funding is increased by $22 million. o ESE is required by the Federal Individual Disabilities Education Act (IDEA) and by State Statutes as implemented in the Florida State Board of Education Rules. o Guaranteed funds for Exceptional Student Education (ESE) are disbursed by the service need of the youth and these funds are above the base educational program.