Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 42, October 20, 2006 issue of the Florida Administrative Weekly.

63D-2.002 Procedure for Assessing Risk.

(1) The Detention Risk Assessment Instrument (DRAI) directs the decision-making process as to whether detention care is warranted and whether the youth should be placed into secure detention, home detention, or some other form of non-secure detention status.

(2) The Admissions Criteria in Section II of the DRAI must be completed for all youths brought to the screening location. A completed DRAI is required for all youths who are delivered to the dDepartment for detention screening.

(3) If a youth is presented for detention screening on non-detainable law violations, the screener is only required to complete sections I, II, V, and VI of the DRAI. If a youth is presented for detention screening on law violations, technical violations of probation, or court orders that hold the potential for secure detention, the screener must complete the entire DRAI accordingly.

(4) In making the decision to detain or release a youth, the screener must take several key factors into consideration:

(a) The placement decision must be based upon an independent assessment of risk as determined by the DRAI. To ensure equality of treatment, supervisors must ensure that screeners, in performing their duties, do not discriminate based upon race, culture, gender, religion, ethnic origin, disability, sexual orientation, or socioeconomic status.

(b) The screener must attempt to contact the parent(s)/guardian(s), arresting law enforcement officer, victim, and others who have knowledge of the youth to obtain their assessment of the youth and the pending charge(s).

(c) The screener must check the Juvenile Justice Information System (JJIS) and, if possible, the Department of Children and Families client information system HomeSafenet (HSN) and Florida Criminal Investigation Center/National Criminal Investigation Center (FCIC/NCIC) systems, to obtain a prior history on the youth. Only ~~eligible~~ certified DJJ, law enforcement, or criminal justice employees are allowed to conduct checks on the HSN or FCIC/NCIC system.

(5) Section III-B of the DRAI is intended to score additional, current, separate, non-related offenses with which the youth is charged, and which are not accounted for in section III-A referencing the most serious current offense.

(6) Section III-E of the DRAI, which scores aggravating or mitigating factors, allows the screener to take into account relevant issues that are not scored in other parts of the DRAI, ensuring the appropriateness of detention and release decisions.

(a) The screener must consider any aggravating and mitigating circumstances that may exist.

(b) Because the DRAI is intended to be an independent and objective measure of the risk posed by each youth, the decision to either aggravate or mitigate must not be determined by pressures from outside influences.

(c) The screener should never consider factors that are already accounted for in the DRAI, such as the absence of prior offenses, or the seriousness of the charge.

(d) The screener must fully explain what factors were considered in the section VI narrative portion of the DRAI.

(7) When the screener believes that a youth who is otherwise eligible for detention should be released, he or she must contact the state attorney to approve the release, as set out in DRAI section IV. The screener must document the reasons for the recommendation in narrative section VI. The state attorney may also approve home or non-secure detention for a youth who scores eligible for secure detention.

Specific Authority 985.213, 985.405 F.S. Law Implemented 985.213 F.S. History—New__________.

63D-2.003 Detention Risk Assessment Instrument.

The Detention Risk Assessment Instrument shall be as set forth in DJJ Form 2049 (06/2006~~02/2005~~), which is incorporated herein, and is available from the Assistant Secretary for Probation and Community Corrections at 2737 Centerview Dr., Suite 105, Tallahassee, FL 32399-3100.

Specific Authority 985.213, 985.405 F.S. Law Implemented 985.213 F.S. History—New__________.