Fla. Admin. Code Ann. R. 63D-13.0042 - Violations of Supervision

(1) These rules apply to youth on probation, CR, and PCP. Possible violations of supervision include the following:

(a) New law violations;

(b) Technical violations; and

(c) Absconding.

(2) The JPO shall investigate all known or reported violations of supervision. Such investigations shall include interviewing the supervised youth, parent(s)/guardian(s), family, school officials, and other relevant collateral sources. In the case of absconding, a diligent search must be completed.

(3) New law violations occur when a delinquency petition is filed for a youth on probation, CR, or PCP. In the case of a new law violation, the JPO shall file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or administrative transfer request (for youth on CR). If applicable, the affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request, regardless of whether or not the youth meets the VOP/TRANSFER noncompliance threshold in the Graduated Response Matrix; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance. The JPO is not precluded from filing an affidavit or submitting an administrative transfer request based on the new law violation prior to the state attorney's decision to file a petition. The Affidavit/Petition for Violation of Probation (DJJ/PROFRM 10 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11539.

(4) Technical violations involve noncompliance with a youth's court-ordered sanctions, or terms of conditional release, which may include, but are not limited to, community service, curfew, mental health or substance abuse evaluations and counseling, and school enrollment, attendance, and behavior. Technical violations shall be addressed in accordance with the Graduated Response Matrix, including those incurred simultaneously with a new law violation.

(a) Unless a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within seven calendar days of becoming aware of a technical violation, the JPO shall utilize the Graduated Response Matrix to determine the appropriate response based on the youth's risk to reoffend and the severity and frequency of the noncompliance.

1. If the youth meets the LIST 1 noncompliance threshold and has not previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 1.

2. If the youth meets the LIST 1 noncompliance threshold and has previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 1 response(s), a LIST 2 response(s), or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth's age, maturity level, and criminogenic needs.

3. If the youth meets the LIST 2 noncompliance threshold and has not previously met a LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 2.

4. If the youth meets the LIST 2 noncompliance threshold and has previously met a LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 2 response(s) or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth's age, maturity level, and criminogenic needs.

5. If the youth meets the VOP/TRANSFER noncompliance threshold, the JPO shall 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 affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance.

(b) If a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within three business days of becoming aware of any additional new law or technical violation(s), the JPO shall file an amended Affidavit/Petition for Violation of Probation or submit an amended administrative transfer request to include the additional violation(s).

(5) For the youth to meet the criteria for absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision by removing himself or herself from the home or community. A youth reported by family member, law enforcement agency, or foster care agency to have run away is considered an absconder.

(a) At the point the JPO considers the youth to have absconded, the JPO shall document all efforts to locate the youth. The JPO has no more than seventy-two (72) hours to complete the diligent search.

(b) Within one (1) business day of determining that the youth has absconded, the JPO shall complete and file with the court an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation.

(c) The JPO shall notify law enforcement of the absconded youth once an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation have been filed.

1. The referral indicating the violation of probation shall be entered in JJIS at the time the paperwork is submitted to the court.

2. The placement and alert of abscond status shall be entered in JJIS upon receipt of the signed Order to Take into Custody from the court.

(6) Non-compliance with the court order for youth on CR shall be addressed through the administrative transfer process.

(a) The transfer process shall be initiated by the JPO providing supervision and intervention services.

(b) The JPO initiating the transfer process shall forward copies of the transfer request paperwork to the youth, the youth's parent(s)/guardian(s), the commitment manager, the youth's attorney of record and, if applicable, the Department of Children and Families, the Guardian Ad Litem (GAL) and the youth's attorney ad litem.

(c) The transfer request paperwork shall include a copy of the following:

1. Commitment order;

2. Signed YES Plan;

3. Reasons for the request; and

4. Recommendation as to the restrictiveness level necessary to ensure protection of the public and to meet the treatment needs of the youth.

(d) The transfer request paperwork must be submitted to the commitment manager three (3) business days prior to the transfer staffing.

(e) The commitment manager shall chair a staffing with the program staff, the youth, the youth's parent(s)/guardian(s), the JPO, and other interested parties who have information regarding the transfer request.

(f) Following the review, the commitment manager shall approve or deny the transfer. The commitment manager may approve a transfer to a program at the same or different restrictiveness level.

(7) If the department recommends a youth be transferred from conditional release to residential commitment program, the residential commitment manager will request a pick-up order from the youth's assigned JPO. The JPO will attach the pick-up order to the Request for Transfer document. The JPO will send the documentation to the youth's committing court. If the court doesn't provide approval but takes no action in the ten (10) day period, the JPO shall follow up with the court on the status of the pick-up order.

(8) Within seventy-two (72) hours of the commitment manager's decision to deny the transfer, the commitment manager shall send a letter to the youth, the parent(s)/guardian(s), the conditional release program that requested the transfer and the JPO.

(9) Disputes between department staff and/or the program over the decision to transfer or the placement of the youth considered for transfer shall be resolved at the lowest level possible, following the department's chain of command.

Notes

Fla. Admin. Code Ann. R. 63D-13.0042

Rulemaking Authority 985.438, 985.64, 985.601 FS. Law Implemented 985.435, 985.438, 985.439 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.