FLORIDA DEPARTMENT OF JUVENILE JUSTICE

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FLORIDA DEPARTMENTOFJUVENILE JUSTICEPolicy and Procedure Manual for MonitoringCompliance with the Juvenile Justice andDelinquency Prevention Act (JJDPA) 2002As Amended by the Juvenile Justice Reform Act (JJRA) of 2018Updated January 2021The information within this manual was compiled by the FloridaDepartment of Juvenile Justice and under contract with CorrectionalManagement & Communications Group, LLC (CMCG)

Table of ContentsIntroduction .2Section 100: Monitoring Plan .4Section 101: Monitoring Barriers and Strategies .5Section 102: Legislative/Administrative Violation Procedures .7Section 103: Description of Monitoring Tasks .9Section 200: Monitoring System .10Section 300: Monitoring Authority .11Section 400: Compatibility of Definitions 22Section 500: Monitoring Tasks .26Section 501: Identification of the Monitoring Universe .27Section 502: Classification of the Monitoring Universe 28Section 503: Inspection of Facilities and Records Systems 31Section 504: Data Collection and Verification 34Section 505: Monitoring Report Period .35Section 506: Method of Reporting .36Section 507: Collocated Facilities – Staff Requirements .37Section 508: Juvenile Training for Certified Law Enforcement/Corrections .39Section 600: Record Security 41Section 700: Policy Review Dates 42Section 800: Forms/Quality Assurance . 43Compliance Monitoring Timetable .44Page 1 of 46

IntroductionCongress enacted the Juvenile Justice and Delinquency Prevention Act (JJDPA)in 1974 to improve the juvenile justice system and treatment of juveniles. TheJuvenile Justice Reform Act (JJRA) Reauthorization of 2018 was signed into law,reauthorizing and amending the JJDPA or 1974. The JJDPA is a law containingrequirements that must be adhered to for the improvement of conditions forjuvenile offenders, juveniles who have been charged with an offense, or juvenileswho have been taken into custody for no delinquent or criminal offense. Amonitoring process which consists of monthly reporting and monitoring site visitsassist facilities in adhering to the federal protections for juveniles established bythe JJDPA and reauthorized by the JJRA.Monitoring means to watch, observe, or check for a special purpose. This specialpurpose is to ensure that the Core Protections of the Juvenile Justice andDelinquency Prevention Act (JJDPA) of 2002 as Amended by the Juvenile JusticeReform Act of 2018 are met. These requirements are: Deinstitutionalization of Status Offenders (DSO). Status offenders may notbe held in secure detention or confinement. The Act establishes limitedexceptions to this requirement, including a provision that allows statusoffenders to be securely held in juvenile detention facilities up to sevendays when a Valid Court Order (VCO) is issued by a judge. Sight and Sound Contact (Separation). Any physical, clear, or verbalcontact that is not brief and inadvertent. Juveniles are prohibited fromcontact with adults in order to protect them from threats or abuse from adultoffenders. Effective December 21, 2021, Sight and sound protection hasbeen extended to youth charged as adults and awaiting trial in order toensure maximum protection to any youth in an adult facility. Removal of juveniles from adult jails, lockups and secure court holdingfacilities (Jail Removal). Youth may not be detained in an adult facilitybeyond six hours. Beginning December 21, 2021, youth being charged asadults may not be held in an adult facility unless the court finds after ahearing and in writing that it is “in the interest of justice.” If the courtdetermines it is “in the interest of justice”, a review hearing must be held atleast every 30 days (45 days for rural jurisdictions). In order to hold youthcharged as adults for more than 180 days, it must be in writing that thecourt has found good cause or the juvenile expressly waived the limitation. Focus on Racial and Ethnic Disparities (RED). Racial and ethnic disparitiesmust be addressed and assessed in every aspect of the juvenile justicesystem. Data must be collected and analyzed regarding racial and ethnicdisparities and action plans created to address those issues through datadriven proposals.Page 2 of 46

Monitoring includes the evaluation of how well the goals of the Act are being met,and the implementation of corrective action(s) where necessary. Whenever thegoals of the Florida State Statutes or General Laws are more restrictive than theJJDPA, they will be used.For JJDPA monitoring purposes, the following policies and procedures will beutilized in carrying out the related tasks.Page 3 of 46

Section 100: Monitoring PlanLast Review:January 2021Related Monitoring Policies:101, 102, 103Statement of Purpose:To provide Florida with a written plan providing for an effective system ofmonitoring secure and non-secure facilities to ensure that the requirements of theJJDP Act and related Formula Grant Regulations are being complied with.Policy:The monitoring plan must describe:1. Barriers, if any, faced in implementing and maintaining a monitoring system,and the state and local strategies to overcome such barriers.2. The legislative and/or administrative procedures that have been establishedfor the State to receive, investigate and respond to reports of complianceviolations.3. The detailed description of monitoring tasks which includes the identificationof the agency responsible for each task.Procedures:For purposes of this manual, each of the three tasks described under the aboveprocess will be described in detail in policies 101, 102, and 103 respectfully.Page 4 of 46

Section 101: Monitoring Barriers and StrategiesLast Review:January 2021Related Monitoring Policies:100, 102, 103Statement of Purpose:To ensure that Florida maintains a monitoring system with integrity that is reviewedat least annually to identify barriers, if any, and developing plans to overcomethose barriers.Procedures:The Florida Department of Juvenile Justice, in conjunction with CorrectionalManagement and Communications Group (CMCG), will revise and update theMonitoring Manual as soon as the revised statutes or general laws are issued atthe end of each legislative session, and identify any legislation that may not be incompliance with or more restrictive than the JJDP Act. Where Florida statutes orgeneral law are less restrictive, policies will be written to maintain compliance withthe JJDP Act.1. The FDJJ will submit to the Juvenile Justice State Advisory Group (SAG)for discussion and action a written and/or oral report on the:A) Barriers faced in implementing and maintaining a monitoring systemB) Recommendations for state and local strategies and plans toovercome those barriersC) Quarterly reports on the number of violations occurring throughoutthe fiscal year.2. From discussion and input, a written plan will be developed to address thebarriers when deemed necessary.3. The FDJJ will follow through on any written plan and will provide written andoral updates to the SAG during the regular quarterly Committee meetings.4. Committee written plans and/or oral reports may include, but are not limitedto the following activities:A) Training workshops for those agencies/facilities involved inimplementation of the JJDP Act.B) Administrative meetings with those agencies involved in theimplementation of the JJDP Act.C) Pursuit of state legislation to overcome barriers to monitoringD) Local coordination, technical assistance and problem solving andplanning for agencies/facilities requiring assistance to realizecompliance with the Act’s core requirements.Page 5 of 46

Barriers & StrategiesBARRIERSTRATEGYStaff turnover in adult jails and lock-ups Training and technical assistance provided bycreates a need for ongoing guidance or compliance monitoring staff during sitetraining.inspections and by telephone on a continuingbasis.Dissemination of written educational materialsto be shared among agency/facility staff and/orposted.Monthly e-mail notices containing monthlyreport reminder and other JJDPA relatedinformation that can be shared withagency/facility staff.Compliance monitoring staff participation intraining and/or conferences with communitypartners.Conduct scheduled technical assistance sitevisits and/or annual training when the need isidentified and/or if requested.Economic barrier in staffing for adultjails/lockups resulting in delayedtransport of youth to a local JuvenileAssessment Center or RegionalJuvenile Detention Center.FDJJ has allocated Title II Funding (JailRemoval) to assist and reimburse agencies forover-time as a result of transportation withinthe 6-hour Rule.Conduct technical assistance visits to assiststaff in process improvement and theimplementation of strategies in the use of nonsecure areas while identified juveniles areawaiting pick-up, in an effort to reduce thepossibility of a jail removal violations.Page 6 of 46

Section 102: Legislative/Administrative ViolationProceduresLast Review:January 2021Related Monitoring Policies:100, 101, 103, 300Statement of Purpose:To outline the administrative procedures that will be used by the FDJJ andmonitors to receive, investigate, and respond to reports of violation of compliancewith established rules and regulations.Policy:Florida Executive Order 95-376 gives the FDJJ oversight authority in complyingwith the JJDP Act of 2002.Procedures:1. The FDJJ and designated monitors will perform statewide monitoring; adetailed description of the process and tasks is contained in policy number103.2. The FDJJ and designated monitors will be the primary agents to discoverand report compliance violations throughout the state, and to investigate theviolations.3. When FDJJ receives an independent report of a compliance violation, thedesignated compliance monitor will investigate it. Sources may include:A) Administrators of public and private agenciesB) Interested citizens and/or parentsC) YouthD) Juvenile Detention Reporting SystemE) Juvenile Court RecordsF) Facility/Agency Records4. The process used to receive, investigate and respond to complianceviolations is:A) Facilities report data directly to the FDJJ and its designated monitors,which calculates violations based on reported data. The FDJJ ordesignated monitor may e-mail or contact by phone the facility todetermine the completeness and accuracy of the data in question.Based on the response, FDJJ or the designated monitor willdetermine if a violation actually occurred. If so, it will be determinedwhether the circumstances were unavoidable (i.e., time/distance orweather considerations). If unavoidable, the violation will be reportedto FDJJ and supporting documentation is required. If reporting anerror, the facility will correct the error and provide supportinginformation and provide a documented corrected report; there will beno further follow-up. If an avoidable violation, the violation will bePage 7 of 46

reported and the monitor will follow-up with a technical assistancetelephone call and/or during the normally scheduled site visit. In thecase of excessive violations, the designated compliance monitor willconduct a special site visit to provide technical assistance to providealternative methods to secure holding and strategies in reducingviolations.B) When a complaint of a violation is made against a facility; reportedby a facility; or a monitor encounters an unreported complianceviolation during an on-site visit; the monitor will document theviolation and report it to FDJJ. Additionally, a request will be made tothe facility for supporting documentation regarding the reason(s) forthe violation.C) The monitor will fully investigate the violation following OJJDP Rulesand RegulationsD) If, upon investigation, a violation is confirmed, the facility investigatedfor the compliance violation(s) will be provided additional training andtraining resources; measures necessary to come into compliance;and technical assistance per their request or agreement.E) The monitor shall recommend further follow-up to the FDJJ asnecessary.5. See policy #300 for more information on monitoring authority.Page 8 of 46

Section 103: Description of Monitoring TasksLast Review:January 2021Related Monitoring Policies:100, 101, 102, 500-506Statement of Purpose:To describe the process to be used to identify the monitoring universe and identifythe monitoring tasks.Procedures:1. The FDJJ will review, at least annually, the Compliance Monitoring Manualthat describes the plan for an effective monitoring system, to ensure therequirements of the JJDP Act are being met.2. The FDJJ will review the compliance monitoring tasks and negotiate anynecessary contract or contract amendment for the coming year, if needed.3. A work plan/contract or contract amendment outlining the tasks, the startand completion date, and other duties will be formalized, as needed.4. The monitoring tasks, at a minimum, will include (reference policies 500507 for complete descriptions):A) Identification of the Monitoring UniverseB) Classification of the Monitoring UniverseC) Inspection of FacilitiesD) Data Collection and VerificationE) Required Reports to FDJJF) Annual Monitoring Report to the OJJDPG) Other related duties as described5. The FDJJ will assist in coordinating the activities of the designated monitorsand supervise contracted monitoring services.Page 9 of 46

Section 200: Monitoring SystemLast Review:January 2021Related Monitoring Policies:500-506Statement of Purpose:To be effective in achieving the monitoring requirements and goals the statewidemonitoring system must be planned in such a way that the system can identify allsecure and non-secure residential facilities in which juveniles may be placed underpublic or court authority. At its optimal level, the system must be able to keep trackof the juveniles at each step in the confinement process; it must be capable oflocating and recording the number and classification of juveniles confined in eachresidential facility and the number and type of incidents of noncompliance with theJJDP Act, as reauthorized by the JJRA of 2018. To this end, all applicable laws,regulations, standards, guidelines, policies, etc., must be clearly defined in writtenform, and made available to all persons involved with the incarceration of juvenileson a need-to-know basis.Policy:The actual monitoring system is outlined in policies 500-507. This policy providesa general description of the monitoring system, and specifies the availability of alllaws, regulations, standards, guidelines, and policies to all persons involved withthe incarceration of juveniles.Procedures:1. The FDJJ and its designated monitors will maintain in addition to this policyand procedure manual:A) All applicable Federal Guidelines and Federal RegistersB) A compilation of the JJDP ActC) A compilation of the Juvenile StandardsD) Any other related state or federal policies and procedures.2. The FDJJ and its designated monitors, during their on-site visits, willdistribute necessary information as requested by the facility and as needed.Page 10 of 46

Section 300 – Monitoring AuthorityLast Review:January 2021Related Monitoring Policies:102Statement of Purpose:The agency responsible for monitoring should have legal authority to monitor allfacilities in which juveniles might be placed under court authority. The authorityshould be sufficiently broad to permit the monitoring agency to require each facilitythat could be classified as a secure detention or correctional facility to be inspectedfor classification purposes, to maintain specific juvenile admission and releaserecords and permit the designed monitors to review these records at selectedintervals during the year.Policy:The basic authority should give FDJJ and its designated compliance monitors theright to develop and enforce, pursuant to state statutes, standards for all securefacilities that might hold juveniles, to inspect the facility for compliance, to citefacilities for violations of the standards, and to enforce sanctions when violationsare not corrected.Staff monitors shall be permitted to review records containing detentioninformation. The monitors will respect the confidential nature of the information andwill not knowingly record or divulge information, which might identify a specific childexcept as may be required to protect the child.Effective monitoring and enforcement can only be fully implemented when theagency’s legal responsibility is defined in clear terms and is known to all parties.Procedures:1. Executive Order Number 95-376 "Serve as the state planning agency foradministration of federal criminal justice related grant programs including,but not limited to the Juvenile Justice and Delinquency Prevention Act of1974, as amended .”2. Executive Order Number 95-376 gives authority to ”collect from thedepartment of corrections and any state or local government departmentsand agencies, such public information, data, reports, statistics, or othermaterial which is necessary to carry out the commission’s functions; and tocollect from non-profit organizations which receive state and federal fundsall information necessary to carry out the commission’s functions ”3. Executive Order Number 95-376 dictates that “All other departments andagencies of the state government are hereby authorized and directed tocooperate with the commission and to furnish such information as thecommission shall require.”4. The full Executive Order, Number 95-376, begins on the next page:Page 11 of 46

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Section 400 – Compatibility of DefinitionsLast Review:January 2021Related Monitoring Policies:200, 504Statement of Purpose:In classifying facilities and identifying the types of offense behavior of the juvenileto be counted for monitoring purposes, Florida operates under definitions providedby the JJDPA as amended in 2018 and that are compatible with those found in theFormula Grant Regulations.Policy:FDJJ will adopt and follow OJJDP definitions for monitoring.Procedures:1. The definitions from the Formula Grant Regulations, the JJDP Act and theOJJDP Guidance Manual will take precedence over State definitions andwill be used for monitoring purposes.2. When identifying and classifying, the following definitions will be used,located in the respective section of the formula Grant regulations (28 CFR)or the OJJDP Guidance Manual for Monitoring Facilities Under the JJDPAct of 2002, and as amended by the JJRA of 2018.A) Adult jail. A secure facility used by a State, unit of local government,or any law enforcement authority to detain or confine adult inmates.B) Adult Lockup. Similar to an adult jail except that an adult lockup isgenerally a municipal or police facility of a temporary nature that doesnot hold persons after they have been formally charged.C) Adult Inmate. An individual who has reached the age of full criminalresponsibility under applicable State law; and has been arrested andis in custody for or awaiting trial on a criminal charge, or is convictedof a criminal offense. An adult inmate does not include an individualwho at the time of the offense, was younger than the maximum ageat which a youth can be held in a juvenile facility under applicableState law; and was committed to the care and custody of a juvenilecorrectional agency by the court or by operation of applicable Statelaw.D) Civil type offender. A juvenile offender who has been charged withor adjudicated for an offense that is civil in nature. Examples includenon-criminal traffic violations and non-criminal fish and gameviolations.E) Collocated facility. A collocated facility is a juvenile facility that islocated in the same building as an adult jail or lockup or is part of arelated complex of buildings located on the same grounds as an adultjail or lockup.Page 22 of 46

F) Court Holding Facility (Secure). A facility, other than an adult jail orlockup, used to temporarily detain juveniles immediately before orafter detention hearings or other court proceedings, other than afteradjudication. A youth charged as an adult may be temporarily heldafter a court proceeding until transported to an adult jail or lockupwhen the court determines it is in the interest of justice to hold theyouth in an adult facility.G) Criminal Offender. Reference definitions for other individualsaccused or convicted of criminal offenses below.H) Criminal-type Offender. A juvenile offender who has been chargedwith or adjudicated for conduct that would, under the law ofjurisdiction in which the offense was committed, be a crime ifcommitted by an adult. A juvenile held for criminal contempt remainsa status offender unless 1) the offense committed by the juvenile thatresulted in the criminal contempt charge would have been a crime,other than contempt, if done by an adult; or 2) the court order violatedby the youth was issued by a process that meets the federaldefinition of a valid court order (VCO). As status offenders, juvenileswho violate a VCO cannot be held in an adult jail or lockup for anylength of time.I) Delayed egress device. A device that precludes the use of exits fora predetermined period of time.J) Delinquent offender. Reference definition for Criminal-type offenderabove.K) Facility. A place, an institution, a building or part thereof, set ofbuildings, or an area whether or not enclosing a building or set ofbuildings which is used for the lawful custody and treatment ofjuveniles and may be owned and/or operated by public and privateagencies.L) Juvenile Offender. An individual subject to the exercise of juvenilecourt jurisdiction for purposes of adjudication and treatment basedon age and offense limitations as defined by State law.M) Juvenile who is accused of having committed an offense. A juvenilewith respect to whom a petition has been filed in the juvenile court orother action has occurred alleging that such juveniles is a juvenileoffender, i.e., a criminal-type offender or a status offender, and nofinal adjudication has been made by the juvenile court.N) Juvenile who is adjudicated as having committed an offense. Ajuvenile with respect to whom the juvenile court has determined thatsuch juveniles is a juvenile offender, i.e., a criminal-type offender ora status offender.O) Lawful custody. The exercise of care, supervision, and control overa juvenile offender or non-offender pursuant to the provisions of thelaw or of a judicial order or decree.P) Non-offender. A juvenile who is subject to the jurisdiction of thejuvenile court, usually under abuse, dependency, or neglect status,Page 23 of 46

for reasons other than legally prohibited conduct of the juvenile. Mayalso include a juvenile who is an undocumented immigrant.Q) Non-secure Custody. A juvenile may be in law enforcement custodyand, therefore, not free to leave or depart from the presence of a lawenforcement officer or at liberty to leave the premises of a lawenforcement facility, but not be in a secure detention or confinementstatus.R) Other individual accused of having committed a criminal offense. Anindividual, adult or juvenile, who has been charged with committinga criminal offense in a court exercising criminal jurisdiction.S) Other individual convicted of a criminal offense. An individual, adultor juvenile, who has been convicted of a criminal offense by a courtexercising criminal jurisdiction.T) Private Agency. A private non-profit agency, organization orinstitution is: (A) Any corporation, foundation, trust, association,cooperative, or accredited institution of high education not underpublic supervision or control; or (B) any other agency, organizationor institution which operates primarily for scientific, education,charitable services or similar public purpose, but which is not underpublic supervision or control, and no part of the net earnings of whichinure or may lawfully inure to the benefit of any private shareholderor individual, and which has been held of IRS to be tax exempt underthe provisions of section 501 (c) (3) of the 1954 Internal RevenueCode.U) Public Agency. Any State unit of local government, combination ofsuch States or units, or any department, agency or instrumentality ofany of the foregoing.V) Secure Custody. As used to define an adult jail, lockup or courtholding facility, this term includes residential facilities that includeconstruction features designed to physically restrict the movementsand activities of persons in custody. The term includes such factorsas locked rooms and buildings, fences or other physical structures.It does not include facilities where physical restriction of movementor activity is provided solely through facility staff.W) Secure juvenile detention center or correctional facility. A securejuvenile detention or correctional facility is any secure public orprivate facility used for the lawful custody of accused or adjudicatedjuvenile offenders or non-offenders. It includes construction fixturesdesigned to physically restrict the movements and activities of thejuveniles.X) Sight or Sound. Any physical, clear visual, or verbal contact that isnot brief or inadvertent.Y) Staff Secure Facility. A staff secure facility may be defined as aresidential facility (1) which does not include construction featuresdesigned to physically restrict the movements and activities ofjuveniles who are in custody therein; (2) which may establishPage 24 of 46

reasonable rules restricting entrance to and egress from the facility;and (3) in which the movements and activities of individual juvenileresidents may, for treatment purposes, be restricted or subject tocontrol through the use of intensive staff supervisions.Z) Status Offender. A juvenile offender who has been charged with oradjudicated for conduct that would not, under the law of thejurisdiction in which the offense was committed, be a crime ifcommitted by an adult. A juvenile held for criminal contempt remainsa status offender unless (1) the offense done by the juvenile thatresulted in the criminal contempt charge would have been a crimeother than contempt if done by an adult or (2) the court order violatedby the youth was issued by a process that meets the federaldefinition of a Valid Court Order (VCO). As status offenders,juveniles who violate a VCO cannot be held in an adult jail or lockupfor any length of time. The following are example of status offenses:i. Truancyii. Violation of curfewiii. Unruly or ungovernableiv. Runawayv. Underage possession and/or consumption of tobaccovi. Underage possession and/or consumption of alcohol, inaccordance with state law.AA)Valid Court Order (VCO). The term means a court order givenby a juvenile court judge to a juvenile who has been brought beforethe court and made subject to a court order. The use of the word“valid” permits the incarceration of juveniles for violation of a validcourt order only if they received their full due process rights asguaranteed by the Constitution of the United States.Page 25 of 46

B) Section 500 – Monitoring TasksLast Review:January 2021Related Monitoring Policies:501-506Statement of Purpose:The JJDP Act states in section 223 (a) (14) that states must provide for an effectivesystem of monitoring jails and lockups, detention facilities, and correctionalfacilities, to ensure that the requirements of paragraph (11), D.S.O.; paragraph(12), Separation; and paragraph (13), Jail Removal are met, and for annualreporting for the results for such monitoring to the OJJDP Administrator.The JJDP Act as amended by the Juvenile Justice Reform Act (JJRA) of 2018revised the definition of jails or lockups for adults which now includes securenonresidential court holding facilities. Beginning December 21, 2021, the JJDP Actas amended by the JJRA requires that a juvenile who is charged as an adult cannotbe detained in an adult jail or lockup or have sight or sound contact with adultinmates unless the Court has found that it would be in the interest of justice to doso. The additional requirements of the JJDP Act as amended by the JJRA mustalso be met and the monitoring results be included in the annual reporting to theOJJDP Administrator.Policy:The four major monitoring tasks are as follows:1. Identification of the Monitoring Universe2. Classification of the Monitoring Universe3. Inspection of facilities4. Data collection and verificationEach of these four tasks will be addressed in policies 501-504 and will describethe process to be utilized. In addition, policies 505-507 will respectively address:5. Monitoring report period6. Method of reporting7. Compliance issuesProcedures:To complete the four monitoring task requirements and the three additional tasksplease refer to policies 501-507.Section 501 – Identification of the Monitoring UniversePage 26 of 46

Last Review:January 2021Related Monitoring Policies:500, 502-506Statement of Purpose:OJJDP requires States (Formula Grant recipients) participating in the JJDP Act of2002 and as amended by the JJRA of 2018, to establish and maintain an effectivemonitoring system and plan for purposes of compliance with the Act and for OJJDPaudits. This policy relates to the annual identification of the monitoring universe.Policy:The CMCG compliance monitoring staff will update the master list of the monitoringuniverse, at least annually, for the purpose of inclusion or exclusion pursuant tothe OJJDP rules and regulations. The monitoring universe includes theidentification of all facilities in the State which might hold juveniles pursuant topu

C) Florida Department of Public Health and Human Services D) Florida Department of Corrections E) Florida Department of Children & Families F) Florida Department of Law Enforcement 2. The query will request identification information on: current facilities, planned facilities, and

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