Florida Regulations 63D-13.0043: Termination of Supervision
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(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.
(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 entered in JJIS 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 family 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.
Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.435 FS. History-New 5-4-20.
Terms Used In Florida Regulations 63D-13.0043
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(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 entered in JJIS 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 family 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.
Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.435 FS. History-New 5-4-20.