Third Substitute: Expands eligibility for participation in a family sentencing alternative program and excludes prior juvenile adjudications when considering eligibility. Expands the types of parental relationships that qualify for participation. Defines the term expectant parent and amends the term minor child in statute.
Stiking amendment in Public Safety:
Modifies the eligibility criteria for the court-based parenting sentencing alternative (PSA) by: Specifying that an offender with a prior conviction for a violent offense may be eligible so long as he or she has not been determined to be a high risk to reoffend (rather than determined to be a low risk to reoffend). (2) Requires the court to give great weight to the minor child's best interest when determining whether to impose the PSA. Specifies that the requirement for the Department of Children, Youth, and Families (DCYF) to provide a copy of any recent court orders relates to dependency and guardianship proceedings, and further restores the requirement that DCYF report to the court regarding whether an offender has cooperated with services ordered through those proceedings. Removes language specifying that the court may consider modifying an offender's support and rehabilitation plan when he or she is returned to court for potential violations. (3) Specifies that the state and its agencies, officers, agents, or employees are not liable for the acts of offenders participating in the PSA unless the state or its agencies, officers, agents, or employees act with willful disregard of a known risk of immediate harm. (4) Modifies the eligibility criteria for the Department of Corrections (DOC)-based community parenting alternative (CPA) by: Specifying that an offender with a conviction for a current violent offense is eligible if he or she is determined to not be a high risk to reoffend (rather than determined to be a low risk to reoffend); removing language specifying that a parent with physical custody of a minor child is eligible; and adding language specifying that a parent with guardianship of a minor child is eligible. (5) Modifies the CPA by specifying that an offender may participate only if the DOC determines that the offender's participation in the program is in the best interests of the child (rather than if the DOC determines that "the placement" is in the best interests of the child). Adds language specifying that nothing in the underlying bill provides the DOC with authority to determine placement of a minor child. Provides that the DOC may require an offender in the CPA program to participate in programming and treatment that the DOC determines is needed after consideration of the offender's stated needs (rather than programming and treatment that the DOC and offender collectively determine is needed as provided in the underlying bill). (6) Removes a provision from the underlying bill specifying that prior termination of a child-parent relationship does not preclude an application for the CPA. (7) Modifies amendatory provisions to account for changes to the underlying statutes in the 2019 regular legislative session. Replaces certain references to "child abuse or neglect investigations" with "child protective services response." Replaces references to "individual" or "person" in amendatory provisions with "offender" to provide consistency throughout the underlying bill. Reorganizes subsections and moves definitions to pertinent sections. Removes redundant language.
Amendment to the striking amendment:
• Restores current law restricting a person with a current violent offense from being eligible for the court-based parenting sentencing alternative (PSA).
• Removes the requirement that a person with a prior violent offense must have a certain risk classification to be eligible for the PSA (rather than requiring a person to not be a high risk to reoffend as provided in the underlying striking amendment).
• Prohibits a person with a prior juvenile adjudication of a sex offense or serious violent offense from participating in the PSA or the Department of Corrections (DOC)-based community parenting alternative (rather than prohibiting the court or DOC from considering those prior offenses when determining eligibility as provided in the striking amendment), but otherwise retains the provision providing that other juvenile adjudications are not considered prior offenses for the purposes of determining eligibility.