Florida Compliance Monitoring Report 2012 State Summary: DSO Section 223(a)(11): Removal of status offenders and non-offenders from secure detention and correctional facilities. Rate of status offender and nonoffender detention and correctional institutionalization per 100,000 population under 18: 0.39 The State is considered to be in full compliance with de minimis exceptions and is not required to address Criteria B and C. Historical Data from 2002-2012: As seen on the chart above, Florida has continued to reduce the number of DSO Violations through a variety of means, including: Training is critical to compliance with the core requirements of the JJDP Act. In November 2008, four training classes were held across the state. Since then, monthly training information is electronically mailed to each agency and includes the Voucher Program. JJDPA Training for Law Enforcement is offered year round and is available at no cost to requesting agencies. G4S Youth Services, LLC continues to provide training to each agency when a violation is reported as well as during the on-site visit. The State Advisory Group (SAG) has the option of withholding federal funding from counties who continue to be in non-compliance with the JJDP Act. These have been an effective method of reducing the number of DSO violations as noted in prior JJDPA Annual Reports: 2002 rate of violations: 6.59 2003 rate of violations: 4.6 Page 1 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 2004 rate of violations: 2005 rate of violations: 2006 rate of violations: 2007 rate of violations: 2008 rate of violations: 2009 rate of violations: 2010 rate of violations: 2011 rate of violations: 2012 rate of violations: 1.0 0.94 0.75 0.14 0.36 0.92 0.81 0.45 0.39 Page 2 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 Florida Compliance Monitoring Report 2012 State Summary: Separation Section 223(a)(12): Separation of Juveniles and Adults. The number of juvenile offenders and non-offenders not separated from adult criminal offenders: 0 The State is in full compliance with this requirement. The State does not need to address the items listed below. Florida law mirrors the JJDP Act regarding sight and sound contact of alleged juvenile offenders and adult offenders/inmates/trustees when utilizing an adult jail or lockup for processing alleged juvenile offenders. Based upon the findings of a State Law that allowed court-ordered Jail Tours in 2011, there is a proposed Bill in the State Legislative Body that will repeal this law. The Florida Department of Juvenile Justice is committed to preventing any youth under public authority to tour a secure jail or lockup. Once the bill is repealed, the Florida Department of Juvenile Justice shall forward this information to all Judges, State Attorneys, Teen/Drug Court and Law Enforcement. The information shall also include the consequences of continuing these tours, which may include temporary restriction of funding to the county. Historical Data from 2002-2012: As seen on the chart above, Florida continues to strive to reduce the number of Separation Violations through a variety of means, including: Training is critical to compliance with the core requirements of the JJDP Act. In November 2008, four training classes were held across the state. Since then, monthly training information is electronically mailed to each agency and includes the Voucher Program. Page 3 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 JJDPA Training for Law Enforcement is offered year round and is available at no cost to requesting agencies. G4S Youth Services, LLC continues to provide training to each agency when a violation is reported as well as during the on-site visit. The State Advisory Group (SAG) has the option of withholding federal funding from counties who continue to be in non-compliance with the JJDP Act. FDJJ is currently working with the Florida Department of Corrections to remove F§ 945.75 from the statutes. These have been an effective method of reducing the number of Separation violations as noted in prior JJDPA Annual Reports: 2002 violations: 523 2003 violations: 336 2004 violations: 292 2005 violations: 0 2006 violations: 4 2007 violations: 2 2008 violations: 74 2009 violations: 1 2010 violations: 0 2011 Violations: 186 2012 Violations: 0 Page 4 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 Florida Compliance Monitoring Report 2012 State Summary: Jail Removal Section 223(a)(13): Removal of juveniles from adult jails and lockups. Rate of jail removal violations per 100,000 population under 18: 8.23 Please attach a narrative to the State’s monitoring report which includes the numerical de minimis information listed below. It is not necessary to address the substantive de minimis information. Florida law mirrors the Federal Act requirements. All violations are violations of State law. FSS 985.115(3) allows for a law enforcement officer to deliver a child, for temporary custody not to exceed six (6) hours, to a secure booking area of a jail or other facility intended or used for the detention of adults, for the purpose of fingerprinting and photographing the child or awaiting appropriate transport to the department (FDJJ) provided no sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child’s activities at all times. Forty-three (43) agencies have reported violations. In regards to the amount of youth being processed through the facility and the number of violations, there appears no pattern that would indicate an agency was not complying with Florida State Statute and the JJDP Act regarding the allowed six (6) hours for identification, processing, interviewing and transporting. Three hundred and twenty-two (322) violations are as identified below: One hundred and forty-seven (147) violations were due to a parent/guardian arriving after the 6th hour to take custody of their youth. Fifty-nine (59) violations were due to the seriousness of the delinquent behavior and the length of time for law enforcement to conduct a thorough and complete investigation, including allowing the youth to participate in a drive around to identify the various locations of the alleged behaviors. Eighty-four (84) violations were due to FDJJ transport arriving after the 6th hours to take custody of the youth who was transferred to a juvenile only detention facility. Eight (8) violations were due to a delay in transporting by the law enforcement agency due to personnel challenges. Nine (9) violations were due to a delay in the law enforcement agency completing the required paperwork. Seven (7) violations were due to the need for medical clearance before the youth was released to the custody of his parent/guardian or FDJJ juvenile only detention facility. Five (5) violations were due to the Department of Children & Families arriving after the 6th hours to take custody of the dependent youth. The remaining three (3) were due to various reasons – including one (1) judicial order, one (1) due to a high Blood Alcohol Content being too high to release safely, and one (1) in which the agency was not able to provide clear reason for the delay. Florida law mirrors the Federal Act requirements. All of the above violations are violations of FSS 985.115(3) which allows for a law enforcement officer to deliver a child, for temporary custody not to exceed six (6) hours, to a secure booking area of a jail or other facility intended or used for the detention of adults, for the purpose of fingerprinting and photographing the child or awaiting appropriate transport to the department (FDJJ) provided no sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child’s activities at all times. There were approximately 23,000 youth held securely for processing in adult jails/lockups in 2012. Three hundred and twenty-two (322) violations is roughly .014% and therefore there is no indication that this indicates a statewide pattern of practice. Page 5 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 Historical Data from 2002-2012: As seen on the chart above, Florida continues to strive to reduce the number of Jail Removal Violations through a variety of means, including: In 2006, the Voucher Program was created. The Voucher Program reimburses law enforcement when an officer is called in for transportation purposes. In 2007 the program was opened to all law enforcement and is currently being utilized by agencies. Training is critical to compliance with the core requirements of the JJDP Act. In November 2008, four training classes were held across the state. Since then, monthly training information is electronically mailed to each agency and includes the Voucher Program. JJDPA Training for Law Enforcement is offered year round and is available at no cost to requesting agencies. G4S Youth Services, LLC continues to provide training to each agency when a violation is reported as well as during the on-site visit. The State Advisory Group (SAG) has the option of withholding federal funding from counties who continue to be in non-compliance with the JJDP Act. FDJJ is currently working with the Florida Department of Corrections to remove F§ 945.75 from the statutes. FDJJ is currently investigating the eighty-four (84) late transports in order to determine the causative factor and change policy, as identified. These have been an effective method of reducing the number of Jail Removal violations as noted in prior JJDPA Annual Reports, as seen below: 2002 rate of violations: 17.38 2003 rate of violations: 16.92 2004 rate of violations: 8.24 2005 rate of violations: 8.98 2006 rate of violations: 10.25 2007 rate of violations: 10.90 2008 rate of violations: 11.72 2009 rate of violations: 8.48 2010 rate of violations: 7.73 2011 rate of violations: 13.54 2012 rate of violations: 8.23 Page 6 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016 Florida Compliance Monitoring Report 2012 Collocated Facilities Marion County Sheriff’s Office Juvenile Detention Facility Martin Girls Academy Polk County Sheriff’s Office Youth Detention Facility Sarasota Juvenile Assessment Center Seminole County Sheriff’s Office Juvenile Detention Facility Page 7 of 7 2012 Florida OJJDP State Summary Updated 2/18/2016