Notice of Proposed Rule

DEPARTMENT OF JUVENILE JUSTICE
County and Municipal Juvenile Programs
RULE NO: RULE TITLE
63K-1.001: Purpose and Scope
63K-1.002: Operation of County or Municipal Juvenile Detention Centers
63K-1.003: Operation of County or Municipal Juvenile Delinquency Programs
63K-1.004: Transfers
PURPOSE AND EFFECT: The rule implements Section 985.688, F.S., governing the manner in which the department monitors, inspects and evaluates county and municipal delinquency programs and facilities.
SUMMARY: The proposed rule specifies the manner in which county or municipal juvenile delinquency programs and detention facilities are to be operated, and provides for department inspection and monitoring of such programs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.316, 985.64, 985.688 FS.
LAW IMPLEMENTED: 985.688 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, April 17, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel’s Conference Room 312, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100, e-mail: john.milla@djj.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

63K-1.001 Purpose and Scope.

The rule establishes basic operational and monitoring requirements for county or municipal juvenile detention centers and programs. Only detention centers and programs that are planned, developed, coordinated or contracted for by local government are within the scope of this rule; centers and programs operated by local government under contract with the department are not within the scope of this rule.

Specific Authority 20.316, 985.64, 985.688 FS. Law Implemented 985.688 FS. History–New________.

 

63K-1.002 Operation of County or Municipal Juvenile Detention Centers.

(1) A county or municipal juvenile detention center shall comply with pertinent quality assurance standards.

(2) The department, through its assigned regional contract manager, shall inspect the county or municipal juvenile detention center on a quarterly basis to determine its compliance with pertinent quality assurance standards.

(a) A center that materially fails to comply with quality assurance standards shall be subject to the enforcement mechanisms set out in Section 985.688(10), F.S.

1. Material failure is defined as achieving a quality assurance rating of less than 60 percent.

2. When a material failure is not corrected in the subsequent quarterly monitoring, the center must cease operating.

(b) The department shall charge, and the county or municipality shall pay, an inspection fee equal to .5 of one percent of the annual direct operating cost of the detention center.

Specific Authority 20.316, 985.64, 985.688 FS. Law Implemented 985.688 FS. History–New________.

 

63K-1.003 Operation of County or Municipal Juvenile Delinquency Programs.

(1) A county or municipal juvenile delinquency program shall comply with pertinent quality assurance standards.

(2) The department, through assigned regional staff, shall inspect the county or municipal juvenile delinquency program on a quarterly basis to determine its compliance with pertinent quality assurance standards.

(a) A program that materially fails to comply with quality assurance standards shall be subject to the enforcement mechanisms set out in Section 985.688(10), F.S.

1. Material failure is defined as achieving a quality assurance rating of less than 60 percent.

2. When a material failure is not corrected in the subsequent quarterly monitoring, the program must cease operating.

(b) The department shall charge, and the county or municipality shall pay, an inspection fee equal to .5 of one percent of the annual direct operating cost of the program.

Specific Authority 20.316, 985.64, 985.688 FS. Law Implemented 985.688 FS. History–New________.

 

63K-1.004 Transfers.

(1) A county or municipal juvenile delinquency program may transfer a juvenile from one county or municipal program to another for the following reasons:

(a) It is necessary to appropriately administer the juvenile’s commitment;

(b) The juvenile needs different treatment or services; or

(c) Placement at the receiving county or municipal juvenile program is immediately available.

(2) The county or municipal juvenile program shall notify the department, in writing, of its desire to transfer the juvenile.

(3) The department shall schedule a transfer staffing within 48 hours of receipt of the request for transfer. The staffing shall be conducted within 5 working days of the scheduling decision.

(a) If the transfer is denied, the child shall remain in the program that requested the transfer.

(b) If the transfer is approved, and the new placement is at the same restrictiveness level, the department shall notify the program that the transfer may take place.

(c) If the transfer is approved, and the new placement is at a higher or lower restrictiveness level, then the department shall notify the committing court in writing of the intent to transfer the child. If, after 10 calendar days, the county or municipal juvenile program’s request to transfer has not been denied, it shall be deemed granted.

Specific Authority 20.316, 985.64, 985.688 FS. Law Implemented 985.688 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: John Criswell, Chief of Quality Assurance
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Eleese Davis, Director, Office of Program Accountability
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006