Florida Regulations 63D-13.004: Community Supervision
Current as of: 2024 | Check for updates
|
Other versions
(1) These rules address the supervision of youth in the community, to include youth on probation, conditional release (CR), and post-commitment probation (PCP). The Youth Empowered Success (YES) Plan is the document developed between the youth, family, and JPO to plan for the successful completion of court-ordered sanctions and address criminogenic needs. The Youth Empowered Success Plan (DJJ/CATFRM 1 08/2019) is incorporated, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11537.
(2) The JPO shall make an initial face-to-face contact with youth on community supervision.
(a) Initial contact will be made within the following timeframes:
1. For youth placed on probation at disposition, contact shall be made within three (3) business days of disposition.
2. For youth placed on CR or PCP following release from a residential program, contact shall be made within three (3) business days of the release date.
(b) The purpose of initial contact is to conduct a preliminary review of the court order and provide contact information to the youth and family.
(3) The JPO shall complete a risk and needs assessment using the CAT for all youth being supervised by the department on probation, CR, and PCP.
(a) All youth shall have a CAT completed prior to the development of the initial YES Plan.
(b) If a youth is identified as a moderate-high or high risk to re-offend by the CAT, the JPO shall complete a CAT Full Assessment prior to the development of the initial YES Plan.
(4) The initial YES Plan shall be developed within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, and must be signed by all parties, including the youth, family, JPO, and JPOS. An electronic signature for the JPO and JPOS is acceptable.
(a) Once the youth, parent, JPO and JPOS have signed and dated the initial YES Plan, the JPOS will have thirty 30 calendar days to enter an initial supervisory review note into the JJIS case notebook module. The date of the initial supervisory review note shall serve as the starting point for determining when all subsequent ninety (90)-day supervisory reviews shall be due.
(b) Court-ordered sanctions shall be documented in JJIS in the Youth Requirements Module. Each youth requirement shall contain at least one specific action step for the youth, family, and JPO. Action steps shall clearly indicate who is responsible, what action shall be taken, and how often the action should be taken. If sanctions need to be completed during supervision, but are not going to start immediately, the requirement status shall be marked as pending. The requirement start date shall be estimated and the youth requirement shall be reassessed at each ninety (90)-day period. Once the sanction begins, the action steps must be completed. The JPO is responsible for monitoring court ordered restitution payments but are prohibited from accepting or receiving payments in any form.
(c) For youth who are moderate-high and high risk to re-offend, at least one of the top three criminogenic needs shall be addressed by creating a Change Goal in JJIS. The Change Goal is a performance goal for the youth on his or her YES Plan that specifically documents the selected criminogenic need to be addressed.
(d) For youth who are identified as high risk to re-offend, the YES Plan shall include a delinquency intervention that is recognized by the department as an evidence-based practice, a promising practice, or a practice with demonstrated effectiveness, that targets one of the top three criminogenic needs, unless the JPO documents in writing barriers to participation, such as the lack of available services, lack of youth readiness to voluntarily participate, transportation difficulties, or lack of parental approval for participation.
(e) The youth and family shall be informed of the importance of complying and successfully completing the YES Plan and shall be provided with a copy of the approved YES Plan within ten (10) calendar days of approval.
(5) The JPO shall refer the youth and parent(s)/guardian(s) to the appropriate service(s) and provide support and follow-up as identified below to ensure the completion of sanctions and goals in the YES Plan.
(a) The JPO shall make a direct referral to the service provider within ten (10) calendar days of the approval of the YES Plan.
(b) The JPO shall contact the service provider within thirty (30) calendar days of the approval of the YES Plan to ensure that the youth and family have participated in the admission process and are receiving services.
(c) The JPO shall ensure that progress reports, written or verbal, are received from the provider on a regular basis. The JPO shall follow-up with the youth and family on any treatment challenges communicated by the service provider.
(6) While the youth is under the supervision of the department the JPO shall make contacts with the youth and family to ensure the youth’s compliance with the court order and the completion of YES Plan sanctions and goals. These contacts shall be made at youth reporting centers, the youth’s home, school, the probation office, or other community-based location.
(a) During the initial one-hundred and eighty (180) days of the youth’s supervision, which includes youth who are committed minimum-risk, the JPO shall utilize the most current CAT risk to re-offend level to determine the minimum number of face to face contacts.
1. Low and moderate risk to re-offend youth require, at a minimum, one face-to-face contact per month.
2. Moderate-high and high risk to re-offend youth require, at a minimum two face-to-face contacts per month. For moderate-high and high risk youth that are participating in a law enforcement officer (LEO) service such as curfew monitoring, weekend community service projects, mentoring, a monthly collateral contact with a LEO shall be counted as one personal face-to-face contact with the youth.
(b) If after one-hundred and eighty (180) days, the youth has successfully completed all sanctions and services, and has no pending new law or technical violations of supervision, the JPO shall submit a termination request to the court, and reduce the frequency of contacts as follows:
1. Low and moderate risk to re-offend youth require, at a minimum, one contact per month (face-to-face or by telephone).
2. Moderate-high-and high risk to re-offend youth require, at a minimum one face-to-face contact per month.
3. The JPO is permitted to step a youth down if restitution/court fees are the only sanction remaining so long as the youth has made a good faith effort to make regular payments.
4. If the youth incurs a new-law or technical violation of supervision during this time, the contact schedule shall revert to that which is outlined in the initial one-hundred and eighty (180) days.
5. Regardless of the CAT risk to re-offend level, the JPO shall make, at a minimum, one contact with the youth’s parent(s)/guardian(s), monthly. This requirement can be satisfied through face-to-face contact, telephone, email, or other electronic methods that can be adequately documented.
(7) Prolific Juvenile Offender (PJO) youth shall be contacted as follows, until the youth no longer meets the PJO eligibility criteria:
(a) Three contacts weekly face-to-face with the youth (LEO contacts with the youth do not count).
(b) One (1) face-to-face contact with the parent biweekly and one (1) weekly evening telephone call with the parent to verify curfew.
(c) During the initial twenty-one (21) days of PJO supervision, at least one face to face contact with the youth should occur on a Saturday or Sunday.
(d) PJO youth shall participate in a law enforcement curfew program, if available.
(8) The assessment of youth is not a one-time event, but an ongoing process. Therefore, the JPO shall update the youth’s risk and needs assessment to ensure that CAT results are reflective of the youth’s status, including changes in behavior and progress with YES Plan sanctions and goals.
(a) Re-assessments shall be done anytime there is a new law violation, after each new disposition, and as pre and post testing for all delinquency interventions.
(b) Youth who score low or moderate risk to reoffend upon program completion do not require a full CAT reassessment.
(c) At a minimum, assessments shall not be more than six months old for any youth on supervision.
(d) Final assessments are required for all youth within the last thirty (30) days of supervision.
(9) The JPOS shall conduct a supervisory case review of each case at least once every ninety (90) calendar days while the youth is under supervision.
(a) The JPO shall update Youth Requirements and CAT Goals in JJIS prior to the supervisory case review, to include closing completed or terminated sanctions and goals, updating action steps for pending sanctions and goals to reflect the youth’s progress, or adding sanctions or goals to address additional needs identified during supervision.
(b) The JPO shall update the youth’s risk and needs assessment pursuant to subsection (8) prior to the supervisory case review.
(c) The JPO shall update the YES Plan every ninety (90) days prior to the supervisory review. This includes developing a new YES Plan in JJIS. Printing and signing the form is not required. Hand written modifications are allowed between formal 90-day supervisory review updates.
(d) Within fourteen (14) calendar days of the supervisory case review, the JPO shall notify the youth and parents(s)/guardian(s) of the status of the YES Plan, including any changes made during the supervisory case review. This notification may occur verbally or in writing and shall be documented in the JJIS case notebook module.
(10) If a youth is placed in adult jail, the JPO shall continue case management responsibilities.
(a) The YES Plan shall become inactive and a “”cannot complete”” entered in the CAT. The YES Plan and CAT processes shall resume upon the youth’s release.
(b) If a youth is placed in adult jail, the JPO shall within two (2) business days of having knowledge that the youth is in jail:
1. Contact jail administration to request notification when or if the youth is released or bonded out of jail.
2. Make a face-to-face contact with the youth to explain that he/she will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and shall instruct the youth that, immediately upon release from jail, he/she must contact the assigned JPO to schedule a face-to-face appointment.
3. Contact the youth’s family to explain that the youth will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and that the youth shall immediately upon release from jail, contact the assigned JPO to schedule a face-to-face appointment.
4. While the youth is in adult jail, a JPO shall make a minimum of one (1) face-to-face contact with the youth each month.
(c) Youth supervised by a provider who are in adult jail longer than ten (10) calendar days must be terminated/discharged from the provider program. The youth may be referred to the provider program upon his/her release from adult jail.
(d) Within three (3) business days of the youth’s release from jail, the JPO shall conduct a face-to-face meeting with youth and family to complete a new CAT and to renegotiate action steps contained in the YES Plan, if applicable. The JPO shall remind the youth and family that the same court-ordered sanctions and interventions are in effect as before he/she entered jail.
(e) Youth may be on dual status with the adult authorities, either the Department of Corrections or local county probation office. In such situations, the JPO shall establish open lines of communication and routinely contact his/her counterpart and share and request any information related to the youth’s progress or violations of supervision.
Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.43514, 985.601 FS. History-New 5-4-20.
Terms Used In Florida Regulations 63D-13.004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Initial contact will be made within the following timeframes:
1. For youth placed on probation at disposition, contact shall be made within three (3) business days of disposition.
2. For youth placed on CR or PCP following release from a residential program, contact shall be made within three (3) business days of the release date.
(b) The purpose of initial contact is to conduct a preliminary review of the court order and provide contact information to the youth and family.
(3) The JPO shall complete a risk and needs assessment using the CAT for all youth being supervised by the department on probation, CR, and PCP.
(a) All youth shall have a CAT completed prior to the development of the initial YES Plan.
(b) If a youth is identified as a moderate-high or high risk to re-offend by the CAT, the JPO shall complete a CAT Full Assessment prior to the development of the initial YES Plan.
(4) The initial YES Plan shall be developed within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, and must be signed by all parties, including the youth, family, JPO, and JPOS. An electronic signature for the JPO and JPOS is acceptable.
(a) Once the youth, parent, JPO and JPOS have signed and dated the initial YES Plan, the JPOS will have thirty 30 calendar days to enter an initial supervisory review note into the JJIS case notebook module. The date of the initial supervisory review note shall serve as the starting point for determining when all subsequent ninety (90)-day supervisory reviews shall be due.
(b) Court-ordered sanctions shall be documented in JJIS in the Youth Requirements Module. Each youth requirement shall contain at least one specific action step for the youth, family, and JPO. Action steps shall clearly indicate who is responsible, what action shall be taken, and how often the action should be taken. If sanctions need to be completed during supervision, but are not going to start immediately, the requirement status shall be marked as pending. The requirement start date shall be estimated and the youth requirement shall be reassessed at each ninety (90)-day period. Once the sanction begins, the action steps must be completed. The JPO is responsible for monitoring court ordered restitution payments but are prohibited from accepting or receiving payments in any form.
(c) For youth who are moderate-high and high risk to re-offend, at least one of the top three criminogenic needs shall be addressed by creating a Change Goal in JJIS. The Change Goal is a performance goal for the youth on his or her YES Plan that specifically documents the selected criminogenic need to be addressed.
(d) For youth who are identified as high risk to re-offend, the YES Plan shall include a delinquency intervention that is recognized by the department as an evidence-based practice, a promising practice, or a practice with demonstrated effectiveness, that targets one of the top three criminogenic needs, unless the JPO documents in writing barriers to participation, such as the lack of available services, lack of youth readiness to voluntarily participate, transportation difficulties, or lack of parental approval for participation.
(e) The youth and family shall be informed of the importance of complying and successfully completing the YES Plan and shall be provided with a copy of the approved YES Plan within ten (10) calendar days of approval.
(5) The JPO shall refer the youth and parent(s)/guardian(s) to the appropriate service(s) and provide support and follow-up as identified below to ensure the completion of sanctions and goals in the YES Plan.
(a) The JPO shall make a direct referral to the service provider within ten (10) calendar days of the approval of the YES Plan.
(b) The JPO shall contact the service provider within thirty (30) calendar days of the approval of the YES Plan to ensure that the youth and family have participated in the admission process and are receiving services.
(c) The JPO shall ensure that progress reports, written or verbal, are received from the provider on a regular basis. The JPO shall follow-up with the youth and family on any treatment challenges communicated by the service provider.
(6) While the youth is under the supervision of the department the JPO shall make contacts with the youth and family to ensure the youth’s compliance with the court order and the completion of YES Plan sanctions and goals. These contacts shall be made at youth reporting centers, the youth’s home, school, the probation office, or other community-based location.
(a) During the initial one-hundred and eighty (180) days of the youth’s supervision, which includes youth who are committed minimum-risk, the JPO shall utilize the most current CAT risk to re-offend level to determine the minimum number of face to face contacts.
1. Low and moderate risk to re-offend youth require, at a minimum, one face-to-face contact per month.
2. Moderate-high and high risk to re-offend youth require, at a minimum two face-to-face contacts per month. For moderate-high and high risk youth that are participating in a law enforcement officer (LEO) service such as curfew monitoring, weekend community service projects, mentoring, a monthly collateral contact with a LEO shall be counted as one personal face-to-face contact with the youth.
(b) If after one-hundred and eighty (180) days, the youth has successfully completed all sanctions and services, and has no pending new law or technical violations of supervision, the JPO shall submit a termination request to the court, and reduce the frequency of contacts as follows:
1. Low and moderate risk to re-offend youth require, at a minimum, one contact per month (face-to-face or by telephone).
2. Moderate-high-and high risk to re-offend youth require, at a minimum one face-to-face contact per month.
3. The JPO is permitted to step a youth down if restitution/court fees are the only sanction remaining so long as the youth has made a good faith effort to make regular payments.
4. If the youth incurs a new-law or technical violation of supervision during this time, the contact schedule shall revert to that which is outlined in the initial one-hundred and eighty (180) days.
5. Regardless of the CAT risk to re-offend level, the JPO shall make, at a minimum, one contact with the youth’s parent(s)/guardian(s), monthly. This requirement can be satisfied through face-to-face contact, telephone, email, or other electronic methods that can be adequately documented.
(7) Prolific Juvenile Offender (PJO) youth shall be contacted as follows, until the youth no longer meets the PJO eligibility criteria:
(a) Three contacts weekly face-to-face with the youth (LEO contacts with the youth do not count).
(b) One (1) face-to-face contact with the parent biweekly and one (1) weekly evening telephone call with the parent to verify curfew.
(c) During the initial twenty-one (21) days of PJO supervision, at least one face to face contact with the youth should occur on a Saturday or Sunday.
(d) PJO youth shall participate in a law enforcement curfew program, if available.
(8) The assessment of youth is not a one-time event, but an ongoing process. Therefore, the JPO shall update the youth’s risk and needs assessment to ensure that CAT results are reflective of the youth’s status, including changes in behavior and progress with YES Plan sanctions and goals.
(a) Re-assessments shall be done anytime there is a new law violation, after each new disposition, and as pre and post testing for all delinquency interventions.
(b) Youth who score low or moderate risk to reoffend upon program completion do not require a full CAT reassessment.
(c) At a minimum, assessments shall not be more than six months old for any youth on supervision.
(d) Final assessments are required for all youth within the last thirty (30) days of supervision.
(9) The JPOS shall conduct a supervisory case review of each case at least once every ninety (90) calendar days while the youth is under supervision.
(a) The JPO shall update Youth Requirements and CAT Goals in JJIS prior to the supervisory case review, to include closing completed or terminated sanctions and goals, updating action steps for pending sanctions and goals to reflect the youth’s progress, or adding sanctions or goals to address additional needs identified during supervision.
(b) The JPO shall update the youth’s risk and needs assessment pursuant to subsection (8) prior to the supervisory case review.
(c) The JPO shall update the YES Plan every ninety (90) days prior to the supervisory review. This includes developing a new YES Plan in JJIS. Printing and signing the form is not required. Hand written modifications are allowed between formal 90-day supervisory review updates.
(d) Within fourteen (14) calendar days of the supervisory case review, the JPO shall notify the youth and parents(s)/guardian(s) of the status of the YES Plan, including any changes made during the supervisory case review. This notification may occur verbally or in writing and shall be documented in the JJIS case notebook module.
(10) If a youth is placed in adult jail, the JPO shall continue case management responsibilities.
(a) The YES Plan shall become inactive and a “”cannot complete”” entered in the CAT. The YES Plan and CAT processes shall resume upon the youth’s release.
(b) If a youth is placed in adult jail, the JPO shall within two (2) business days of having knowledge that the youth is in jail:
1. Contact jail administration to request notification when or if the youth is released or bonded out of jail.
2. Make a face-to-face contact with the youth to explain that he/she will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and shall instruct the youth that, immediately upon release from jail, he/she must contact the assigned JPO to schedule a face-to-face appointment.
3. Contact the youth’s family to explain that the youth will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and that the youth shall immediately upon release from jail, contact the assigned JPO to schedule a face-to-face appointment.
4. While the youth is in adult jail, a JPO shall make a minimum of one (1) face-to-face contact with the youth each month.
(c) Youth supervised by a provider who are in adult jail longer than ten (10) calendar days must be terminated/discharged from the provider program. The youth may be referred to the provider program upon his/her release from adult jail.
(d) Within three (3) business days of the youth’s release from jail, the JPO shall conduct a face-to-face meeting with youth and family to complete a new CAT and to renegotiate action steps contained in the YES Plan, if applicable. The JPO shall remind the youth and family that the same court-ordered sanctions and interventions are in effect as before he/she entered jail.
(e) Youth may be on dual status with the adult authorities, either the Department of Corrections or local county probation office. In such situations, the JPO shall establish open lines of communication and routinely contact his/her counterpart and share and request any information related to the youth’s progress or violations of supervision.
Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.43514, 985.601 FS. History-New 5-4-20.