Fla. Admin. Code Ann. R. 63D-13.0043 - Termination of Supervision

(1) Completion of the court-ordered sanctions shall be the primary determinant when requesting termination of supervision. Voluntary goals shall not impede the release of a youth from supervision. The JPO shall recommend termination when the youth has complied with all court-ordered sanctions and completed any response(s) selected from the Graduated Response Matrix in response to noncompliance with court-ordered sanctions.

(a) If the youth has complied with all court-ordered sanctions without utilization of the Graduated Response Matrix during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction (e.g., community service or counseling).

(b) If the youth has complied with all court-ordered sanctions, but the Graduated Response Matrix was utilized during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction or (60) days after the youth completes the response(s) selected from the Graduated Response Matrix, whichever is later.

(c) The JPO shall continue to monitor compliance with ongoing court-ordered sanctions (e.g. curfew or school attendance) after requesting termination. Any violations of supervision that occur prior to termination shall result in withdrawal of the termination request and the appropriate course of action required by Rule 63D-13.0042, F.A.C.

(2) Prior to requesting termination, the JPO shall check with local law enforcement to determine if there are outstanding warrants or charges for the youth that have not been filed. At a minimum, this includes the sheriff or police department of the youth's county and city of residence. The JPO shall also check the Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) system to determine if there are outstanding warrants. If outstanding warrants or charges are identified, staff shall inquire as to how the requesting entity wants to dispose of the warrant or charges.

(3) If the youth is on probation or PCP, the Progress Report form will be used to request termination and shall include the status of all court-ordered sanctions completed by the youth. The Progress Report Form (DJJ/PROFRM 12 08/2019) is incorporated, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11540. If applicable, the request shall address the youth's demonstrated changes in criminogenic needs and protective factors.

(4) If the youth is on CR, the JPO will follow the procedure described in Division 63T, F.A.C., wherein the JPO will complete all documents required of residential commitment facilities.

(5) Each youth shall have a final risk and needs assessment using the CAT to serve as a marker of the youth's status at the end of supervision. This assessment shall be completed within the last thirty (30) days of supervision.

(6) The JPO shall notify the court fifteen (15) business days prior to the loss of jurisdiction of a case by submitting a Progress Report. Upon loss of jurisdiction, the JPO shall close the case.

(7) Within five (5) business days of receipt of the court's termination order or the date of loss of jurisdiction, the JPO shall update JJIS.

(8) The JPO shall notify the youth and a parent/guardian in writing that the youth is no longer under supervision.

(9) Termination shall be sought for youth who are in substantial compliance with restitution and court fees. Substantial compliance means that the youth has exhibited, through routine payments, the intention to follow through with his or her obligation. The JPO shall verify the amount of restitution paid with the clerk of court.

(a) The JPO shall recommend that the court retain jurisdiction for restitution and court fees if full payment has not yet been made.

(b) The JPO shall notify the youth and parent(s)/guardian(s) that, by retaining jurisdiction, the court may find the youth in contempt for failure to make timely payments.

Notes

Fla. Admin. Code Ann. R. 63D-13.0043

Rulemaking Authority 985.438, 985.64, 985.601 FS. Law Implemented 985.14, 985.435, 985.438 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.