Florida Statutes 985.46 – Conditional release
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(1) The Legislature finds that:
(a) Conditional release is the care, treatment, help, supervision, and provision of transition-to-adulthood services to juveniles released from residential commitment programs to promote rehabilitation and prevent recidivism.
Terms Used In Florida Statutes 985.46
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Conditional release: means the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. See Florida Statutes 985.03
- Court: means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated. See Florida Statutes 985.03
- Department: means the Department of Juvenile Justice. See Florida Statutes 985.03
- Family: means a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which:(a) The persons reside in the same house or living unit; or(b) The parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 985.03
- Transition-to-adulthood services: means services that are provided for youth in the custody of the department or under the supervision of the department and that have the objective of instilling the knowledge, skills, and aptitudes essential to a socially integrated, self-supporting adult life. See Florida Statutes 985.03
- youth: means any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. See Florida Statutes 985.03
(b) Conditional release services can contribute significantly to a successful transition of a juvenile from a residential commitment to the juvenile’s home, school, and community. Therefore, the best efforts should be made to provide for a successful transition.(c) The purpose of conditional release is to protect safety; reduce recidivism; increase responsible productive behaviors; and provide for a successful transition of care and custody of the youth from the state to the family.(d) Accordingly, conditional release should be included in the continuum of care.
(2) It is the intent of the Legislature that:
(a) Commitment programs include rehabilitative efforts on preparing committed juveniles for a successful release to the community.
(b) Conditional release transition planning begins as early in the commitment process as possible.
(c) Each juvenile committed to a residential commitment program receive conditional release services upon release from the commitment program unless the juvenile is directly released by the court.
(3) For juveniles referred or committed to the department, the function of the department may include, but shall not be limited to, supervising each juvenile on conditional release when released into the community from a residential commitment facility of the department, providing such counseling and other services as may be necessary for the families and assisting their preparations for the return of the child. Subject to specific appropriation, the department shall provide for outpatient sexual offender counseling for any juvenile sexual offender released from a residential commitment program as a component of conditional release.
(4) A juvenile under nonresidential commitment placement continues on commitment status and is subject to transfer under s. 985.441(4).
(5) Conditional release supervision shall contain, at a minimum, the following conditions:
(a) Participation in the educational program by students of compulsory school attendance age pursuant to s. 1003.21(1) and (2)(a). A student of noncompulsory school-attendance age who has not received a high school diploma or its equivalent must participate in an educational program or career and technical education course of study. A youth who has received a high school diploma or its equivalent and is not employed must participate in workforce development or other career or technical education or attend a community college or a university while in the program.
(b) A curfew.
(c) A prohibition on contact with victims, codefendants, or known gang members.
(d) A prohibition on use of controlled substances.
(e) A prohibition on possession of firearms.
(6) A youth who violates the terms of his or her conditional release shall be assessed using the graduated response matrix as described in s. 985.438. A youth who fails to move into compliance shall be recommitted to a residential facility.