Fla. Admin. Code Ann. R. 63D-13.004 - Community Supervision

(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, parent(s)/guardian(s), 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 parent(s)/guardian(s).

(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 with and signed by the youth, parent/guardian, JPO, and JPOS within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP. The JPOS shall ensure that the YES Plan meets the requirements of this subsection before the YES Plan is provided to the youth and parent/guardian for signature. All original signatures must be included on one signature page in the fully approved YES Plan. An electronic signature for the JPO and JPOS is acceptable if the signature is applied prior to the youth's and parent's/guardian's signatures.

(a) The JPOS shall enter an initial supervisory review note into the JJIS case notebook module within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, after the youth, parent, JPO, and JPOS have signed and dated the initial YES Plan. 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.

1. Each youth requirement shall contain at least one specific action step for the youth, parent(s)/guardian(s), 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.

2. For court-ordered sanctions that are not specifically addressed in the Graduated Response Matrix, comparable noncompliance thresholds must be outlined in the YES Plan. In addition to youth, parent/guardian, and JPO action steps, the youth requirement shall include the noncompliance threshold that requires a LIST 1 response, the noncompliance threshold that requires a LIST 2 response, and the noncompliance threshold that requires the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The JPO must consider the youth's risk to reoffend and severity of noncompliance with the court-ordered sanction when establishing noncompliance thresholds.

3. 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 entering a Change Goal as a Youth Requirement in JJIS. A Change Goal is a performance goal included in the youth's YES Plan that specifically addresses a criminogenic need(s). If a Change Goal is not a court-ordered sanction, it must be negotiated with the youth and parent(s)/guardian(s).

(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 parent/guardian approval for participation.

(e) The youth and parent(s)/guardian(s)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 and the applicable page from the Graduated Response Matrix, as determined by the youth's risk to reoffend or Special Public Safety Risk designation, 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 parent(s)/guardian(s) 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 parent(s)/guardian(s) 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 parent(s)/guardian(s) to ensure the youth's compliance with the court order and the completion of YES Plan sanctions and goals.

(a) During the initial one-hundred and eighty (180) days of the youth's supervision, 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 a parent/guardian biweekly and one (1) weekly evening telephone call with a parent/guardian 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, prior to each 90-day supervisory review, 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) 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 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 each 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/guardian 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 parent(s)/guardian(s) 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 parent(s)/guardian(s) to complete a new CAT and to renegotiate action steps contained in the YES Plan, if applicable. The JPO shall remind the youth and parent(s)/guardian(s) 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.

Notes

Fla. Admin. Code Ann. R. 63D-13.004

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.43514, 985.601 FS.

Adopted by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/4/2020, Amended by Florida Register Volume 50, Number 239, December 10, 2024 effective 12/22/2024.

New 5-4-20.