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Florida has traditionally managed juveniles
under a "rehabilitative" model of justice. This traces back
to the time when all "proceedings relating to children" were
under the auspices of the Department of Health and
Rehabilitative Services, formerly known as HRS. The agency's
approach to dependency cases and delinquency cases were the
same -- provide social services to the child and the family.
In accordance with Chapter 39 of the Florida Statutes, HRS
addressed many different types of actions involving
children, ranging from dependency actions in child abuse
cases to delinquency proceeding for juveniles charged with
criminal acts.
The first of Florida's gradual efforts to
shift the state's juvenile justice system away from a social
services model occurred in 1994. The Legislature created the
Department of Juvenile Justice (DJJ), providing for the
transfer of powers, duties, property, records, personnel,
and unexpended balances of related appropriations and other
funds from the HRS Juvenile Justice Program Office to the
new agency. DJJ was assigned responsibility for juvenile
delinquency cases and children and families in need of
services (CINS/FINS) cases. Juvenile justice provisions,
which were then found in Chapter 39, F.S., remained
virtually unchanged and most of the new agency's employees
were former employees of HRS. Hence, philosophically, DJJ
continued to approach juveniles as children in need of
treatment and reform rather than criminals deserving
punishment.
A further distancing of DJJ from its HRS
origins occurred in 1997. Although few changes were made to
substantive law, two new chapters in the Florida Statutes
were created by transferring juvenile justice provisions
from Chapter 39, F.S., to the newly created Chapters 984 and
985. Chapter 984, F.S., was created to contain provisions
relating to CINS/FINS and Chapter 985, F.S., was created to
contain provisions relating to juvenile delinquency cases.
In 2000, comprehensive legislation, known as
the "Tough Love" plan, provided statutory authority for DJJ
to overhaul its organizational structure. This legislation
signified the most dramatic policy shift away from the
social services model and toward a punitive criminal justice
approach. However, even under the "Tough Love" plan, the
juvenile justice system continued to be operationally and
philosophically distinct from the adult criminal justice
system. Florida continues to segregate juveniles from their
adult counterparts, although there has been an expansion of
the circumstances under which a juvenile can be prosecuted
as an adult. Youth continue to be managed under a strategy
of redirection and rehabilitation, rather than punishment.
Although the State strengthened its hold on juvenile
delinquents under the "Tough Love" plan, the system
maintained focus on "treatment" designed to effect positive
behavioral change.
As a result of the "Tough Love" plan, DJJ
shifted away from HRS service district structure to a
structure that conformed to the boundaries of the 20
judicial circuits. Additionally, the Department is charged
under s. 985.02(3), F.S., with developing and coordinating
comprehensive services and programs statewide for the
prevention, early intervention, control, and rehabilitative
treatment of delinquent behavior. Accordingly, DJJ is
organized in five program offices: Administrative Services,
Prevention and Victim Services, Detention Services,
Probation and Community Intervention, and Residential
Services.
In July 2007, Governor Charlie Crist
authorized the creation of the Blueprint Commission, which
was charged with developing recommendations to improve
Florida's juvenile justice system. The findings and
recommendations of the Blueprint Commission, developed with
input from juvenile justice stakeholders and citizens, were
used as a guide when the Department then developed a
strategic plan designed to achieve the changes needed to
meet its mission. The Department's Strategic Plan builds on
the foundation of the Blueprint Commission's report "Getting
Smart about Juvenile Justice in Florida." In preparing its
Strategic Plan, the Department initiated a process of
continuous strategic thinking and planning that will produce
not just one strategic plan, but a sequence of plans. Such
plans will keep pace with the changing needs and priorities
of juvenile justice in Florida.
The Department initiated a process of
continued evaluation of implementation in order to achieve
the goals outlined in the Strategic Plan. The Department of
Juvenile Justice's Implementation Plan for 2008‐09 through
2011‐12 was built upon the 13 goals and 43 objectives
outlined in the agency’s Strategic Plan. The Implementation
Plan details specific actions that will be taken to achieve
the goals and objectives including tasks, outcomes,
partnering relationships, budgeting, resource allocations,
and timelines.
The DJJ Strategic Plan
DJJ's Implementation Plan
THE JUVENILE COURT PROCESS
A juvenile who is alleged to have committed
a violation of law is formally charged by the filing of a
petition for delinquency by that county's State Attorney.
The petition states the allegations against the juvenile and
contains the identity and residence of the parents or
guardian. Because a juvenile may be subject to serious
deprivation of liberty if adjudicated delinquent, federal
constitutional law requires that juveniles be afforded many
of the same due process safeguards afforded to adult
criminal defendants. For example, juveniles are entitled to
legal representation by counsel at all stages of any
proceeding. The state must provide free legal representation
to juvenile offenders who cannot afford to retain counsel.
If the juvenile is held in detention or
released to home detention, a detention hearing is held
within 24 hours at which the judge orders continued
detention or release. The arraignment hearing is held within
48 hours of the filing of the petition. At the arraignment
hearing, the juvenile admits to delinquency, denies
delinquency, or does not contest the allegation. If the
juvenile denies delinquency, an adjudicatory hearing (trial)
is held. The circuit court judge presides over juvenile
court proceedings, determining all issues of fact and law in
the case. A finding of delinquency does not operate as a
criminal conviction, but may result in the juvenile being
placed on probation or in a residential commitment facility
against his or her will. At the adjudicatory hearing, the
juvenile has the right to compel the attendance of witnesses
on his or her behalf, the right to cross-examine state
witnesses, and the right to remain silent. The state must
prove the allegations beyond a reasonable doubt or the
case is dismissed and the child is released. In other
respects, juvenile proceedings differ from their adult
counterparts. For example, a jury is not involved and
juvenile records are treated with a great deal of
confidentiality. The driving consideration behind having
separate systems of justice for juveniles and adults is the
state's interest in rehabilitating, rather than punishing,
the offender.
A disposition (sentencing) hearing is held
if the judge finds that the juvenile committed a delinquent
act, or if the youth pleads guilty or no contest to the
charge. Before the disposition hearing, the court reviews a
Pre-Disposition Report (PDR), which is prepared by the
juvenile probation officer. The PDR includes a summary of
the juvenile’s present offense, a statement by the youth,
background information regarding the familial and community
environment, a narrative explaining the juvenile's
employment or school history, psychological data,
restitution information, criminal history, risk assessment
and the recommendations of DJJ concerning the disposition of
the case. The judicial dispositions available in juvenile
court include judicial warnings, judicial plans, probation,
or commitment to a non-secure or secure residential program
or facility. In many cases where the court commits a youth
to a residential program, the youth will also be required to
participate in a supervised conditional release program upon
completion of the residential component of the commitment
program.
A juvenile charged with a violation of law
has a state constitutional right to be charged and tried as
an adult. Florida law also specifies several circumstances
where the state is afforded a right to initiate the
prosecution of a juvenile in the adult criminal system. Many
of these offenders may remain subject to juvenile, rather
than adult, sanctions at the discretion of the trial judge.
Passed during the 2000 Legislative Session,
SB-1548 (Chapter Law 2000-136, Laws of Florida) mandates
youth to be filed directly to adult court when charged with
committing, or attempting to commit, an offense listed in
section 775.087(2)(a)1.a.-q. (referred to as the
"10-20-Life" provision) and who possessed or discharged a
firearm or destructive device, or discharged such device
causing death or great bodily harm. For good cause, and
under exceptional circumstances, the State Attorney may opt
not to proceed under this provision. If a child with a
qualifying history who possessed a firearm or destructive
device is direct-filed under this law (codified at
§985.227(2)(d)), he or she must be sentenced under section
775.087(2)(a) (10-20-Life). Notwithstanding the existence of
a criminal history, a child so charged who either discharged
a firearm or destructive device or discharged with great
bodily harm or death, is similarly subject to sentencing
under 10-20-Life.
Direct file to adult court is also mandated
for habitual juvenile offenders under HB-69 (Chapter Law
2000-119, Laws of Florida) for youth who are age 16 or 17
who have three prior felony adjudications withheld occurring
at least 45 days apart. This provision also provides an
option for a State Attorney to retain youth in the juvenile
system under exceptional circumstances.
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