Senate Bill 1192c1

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    Florida Senate - 2000                   CS for SB's 1192 & 180

    By the Committee on Criminal Justice and Senators Webster and
    Lee




    307-1764A-00

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 784.075, F.S., relating to third degree

  4         felony penalty for battery on a juvenile

  5         probation officer; conforming cross-references;

  6         amending s. 984.09, F.S.; providing conforming

  7         provisions; amending s. 984.225, F.S.; revising

  8         requirements for placement of a child in a

  9         staff-secure shelter; amending s. 984.226,

10         F.S.; providing for physically secure settings

11         for children in need of services; authorizing

12         the Department of Juvenile Justice to establish

13         physically secure settings; providing for a

14         waiver of a child's right to counsel at court

15         appearances; authorizing a court to place a

16         child in a physically secure setting under

17         prescribed circumstances; requiring the

18         department to verify to the court that a bed is

19         available; providing duration of stay in a

20         physically secure setting; providing for court

21         review of a child's placement; providing

22         grounds for transfer of jurisdiction of the

23         child to the Department of Children and Family

24         Services; amending s. 985.201, F.S.; extending

25         court jurisdiction over certain children for

26         certain purposes; extending court jurisdiction

27         over juveniles released from a commitment

28         program prior to age 21; amending s. 985.207,

29         F.S.; authorizing law enforcement to take a

30         child into custody under certain circumstances;

31         amending s. 985.211, F.S.; requiring a probable

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1         cause affidavit or written report to be made

  2         within a time certain; requiring such affidavit

  3         or report to be filed with the clerk of the

  4         circuit court within a time certain; amending

  5         s. 985.213, F.S.; revising provisions relating

  6         to the risk assessment workgroup; revising

  7         provisions relating to the risk assessment

  8         instrument for purposes of detention care

  9         placement; amending s. 985.215, F.S.;

10         authorizing detention of a child for failure to

11         appear at certain court hearings; requiring law

12         enforcement agencies to complete and present

13         certain investigations to a state attorney

14         within a time certain; providing for increased

15         holding times for children charged with

16         offenses of certain severity; deleting

17         references to assignment centers; amending s.

18         985.216, F.S.; prescribing punishment for

19         contempt of court by a delinquent child or a

20         child in need of services; amending s. 985.219,

21         F.S.; requiring law enforcement agencies to act

22         upon subpoenas and serve process within a

23         certain time; amending s. 985.231, F.S., to

24         conform; amending s. 985.233, F.S.; revising

25         conditions under which adult sanctions may be

26         imposed; creating the Juvenile Arrest and

27         Monitor Unit, a pilot program in Orange County;

28         prescribing the duration and purpose of the

29         program; providing duties of the Orange County

30         Sheriff's Office and the Department of Juvenile

31         Justice; requiring the sheriff's office to

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  1         contract with the University of Central Florida

  2         to conduct a study of the program's

  3         effectiveness and results; providing an

  4         effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 784.075, Florida Statutes, is

  9  amended to read:

10         784.075  Battery on detention or commitment facility

11  staff or a juvenile probation officer.--A person who commits a

12  battery on a juvenile probation officer, as defined in s.

13  984.03 or s. 985.03, on other staff of a detention center or

14  facility as defined in s. 984.03(19) or s. 985.03(20), or on a

15  staff member of a commitment facility as defined in s.

16  985.03(47), commits a felony of the third degree, punishable

17  as provided in s. 775.082, s. 775.083, or s. 775.084. For

18  purposes of this section, a staff member of the facilities

19  listed includes persons employed by the Department of Juvenile

20  Justice, persons employed at facilities licensed by the

21  Department of Juvenile Justice, and persons employed at

22  facilities operated under a contract with the Department of

23  Juvenile Justice.

24         Section 2.  Paragraph (b) of subsection (2) of section

25  984.09, Florida Statutes, is amended to read:

26         984.09  Punishment for contempt of court; alternative

27  sanctions.--

28         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

29  placed in a secure facility for purposes of punishment for

30  contempt of court if alternative sanctions are unavailable or

31  inappropriate, or if the child has already been ordered to

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1  serve an alternative sanction but failed to comply with the

  2  sanction.

  3         (b)  A child in need of services who has been held in

  4  direct contempt or indirect contempt may be placed, for 5 days

  5  for a first offense or 15 days for a second or subsequent

  6  offense, in a staff-secure shelter or a staff-secure

  7  residential facility solely for children in need of services

  8  if such placement is available, or, if such placement is not

  9  available, the child may be placed in an appropriate mental

10  health facility or substance abuse facility for assessment. In

11  addition to disposition under this paragraph, a child in need

12  of services who is held in direct contempt or indirect

13  contempt may be placed in a physically secure setting facility

14  as provided under s. 984.226 if conditions of eligibility are

15  met.

16         Section 3.  Present subsections (2) through (7) of

17  section 984.225, Florida Statutes, are renumbered as

18  subsections (3) through (8), respectively, and subsection (1)

19  of that section is amended to read:

20         984.225  Powers of disposition; placement in a

21  staff-secure shelter.--

22         (1)  Subject to specific legislative appropriation, the

23  court may order that a child adjudicated as a child in need of

24  services be placed for up to 90 days in a staff-secure shelter

25  if:

26         (a)  The child's parent, guardian, or legal custodian

27  refuses to provide food, clothing, shelter, and necessary

28  parental support for the child and the refusal is a direct

29  result of an established pattern of significant disruptive

30  behavior of the child in the home of the parent, guardian, or

31  legal custodian; or

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1         (b)  The child refuses to remain under the reasonable

  2  care and custody of his or her parent, guardian, or legal

  3  custodian, as evidenced by repeatedly running away and failing

  4  to comply with a court order; or from home. The court may not

  5  order that a child be placed in a staff-secure facility

  6  unless:

  7         (c)1.  The child has failed to successfully complete an

  8  alternative treatment program or to comply with a

  9  court-ordered sanction; and

10         2.  the child has been placed in a residential program

11  on at least one prior occasion pursuant to a court order under

12  this chapter.

13         (2)  This section subsection applies after other

14  alternative, less-restrictive remedies have been exhausted.

15  The court may order that a child be placed in a staff-secure

16  shelter. The department, or an authorized representative of

17  the department, must verify to the court that a bed is

18  available for the child. If the department or an authorized

19  representative of the department verifies that a bed is not

20  available, the court shall stay the placement until a bed is

21  available. The department will place the child's name on a

22  waiting list. The child who has been on the waiting list the

23  longest will get the next available bed.

24         Section 4.  Section 984.226, Florida Statutes, is

25  amended to read:

26         984.226  Pilot program for a Physically secure setting

27  facility; contempt of court.--

28         (1)  Subject to specific legislative appropriation, the

29  Department of Juvenile Justice shall establish a pilot program

30  within a single judicial circuit for the purpose of operating

31  one or more physically secure settings facilities designated

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1  exclusively for the placement of children in need of services

  2  who meet the criteria provided in this section are found in

  3  direct contempt or indirect contempt of a valid court order.

  4         (2)  When If any party files a petition is filed

  5  alleging that a child is a child in need of services within

  6  such judicial circuit, the child must be represented by

  7  counsel at each court appearance unless the record in that

  8  proceeding affirmatively demonstrates by clear and convincing

  9  evidence that the child knowingly and intelligently waived the

10  right to counsel after fully being advised by the court of the

11  nature of the proceedings and the dispositional alternatives

12  available to the court under this section. If the court

13  decides to appoint counsel for the child and if the child is

14  indigent, the court shall appoint an attorney to represent the

15  child as provided under s. 985.203. Nothing precludes the

16  court from requesting reimbursement of attorney's fees and

17  costs from the nonindigent parent or legal guardian.

18         (3)(2)  When If a child is adjudicated as a child in

19  need of services by a court, the court may order the child to

20  be placed in a physically secure setting authorized in this

21  section if is held in direct contempt or indirect contempt of

22  a valid court order, as an alternative to placing the child in

23  a staff-secure facility as provided under s. 984.225 or s.

24  985.216, the court may order that the child be placed within

25  the circuit in a physically secure facility operated under the

26  pilot program. A child may be committed to the facility only

27  if the department, or an authorized representative of the

28  department, verifies to the court that a bed is available for

29  the child at the physically secure facility and the child has:

30         (a)  Failed to appear for placement in a staff-secure

31  shelter under s. 984.225, or failed to comply with any other

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1  provision of a valid court order relating to such placement

  2  and, as a result of such failure, has been found to be in

  3  direct or indirect contempt of court; or

  4         (b)(a)  Run away from a staff-secure shelter following

  5  placement under s. 984.225 or s. 984.09. s. 985.216; or

  6         (b)  Committed at least two prior acts of direct or

  7  indirect contempt.

  8

  9  The department or an authorized representative of the

10  department must verify to the court that a bed is available

11  for the child. If a bed is not available, the court must stay

12  the placement until a bed is available, and the department

13  must place the child's name on a waiting list. The child who

14  has been on the waiting list the longest has first priority

15  for placement in the physically secure setting.

16         (4)(3)  A child may be placed in a physically secure

17  setting facility for up to 90 5 days for the first commitment

18  and up to 15 days for a second or subsequent commitment. If a

19  child has not been reunited with his or her parent, guardian,

20  or legal custodian at the expiration of the placement in a

21  physically secure setting, the court may order that the child

22  remain in the physically secure setting for an additional 30

23  days if the court finds that reunification could be achieved

24  within that period.

25         (5)(a)  The court shall review the child's placement

26  once every 45 days as provided in s. 984.20.

27         (b)  At any time during the placement of a child in

28  need of services in a physically secure setting, the

29  department or an authorized representative of the department

30  may submit to the court a report that recommends:

31

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1         1.  That the child has received all of the services

  2  available from the physically secure setting and is ready for

  3  reunification with a parent or guardian; or

  4         2.  That the child is unlikely to benefit from

  5  continued placement in the physically secure setting and is

  6  more likely to have his or her needs met in a different type

  7  of placement.

  8         (c)  The court shall determine if the parent, guardian,

  9  or custodian has reasonably participated in and has

10  financially contributed to the child's counseling and

11  treatment program.

12         (d)  If the court finds an inadequate level of support

13  or participation by the parent, guardian, or custodian before

14  the end of the placement, the court shall direct that the

15  child be handled as a dependent child, jurisdiction shall be

16  transferred to the Department of Children and Family Services,

17  and the child's care shall be governed by chapter 39.

18         (e)  If the child requires residential mental health

19  treatment or residential care for a developmental disability,

20  the court shall refer the child to the Department of Children

21  and Family Services for the provision of necessary services.

22         (6)(4)  Prior to being ordered committed to a

23  physically secure setting facility, the child must be afforded

24  all rights of due process required under s. 985.216. While in

25  the physically secure setting facility, the child shall

26  receive appropriate assessment, treatment, and educational

27  services that are designed to eliminate or reduce the child's

28  truant, ungovernable, or runaway behavior. The child and

29  family shall be provided with family counseling and other

30  support services necessary for reunification.

31

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1         (7)(5)  The court shall order the parent, guardian, or

  2  legal custodian to cooperate with efforts to reunite the child

  3  with the family, participate in counseling, and pay all costs

  4  associated with the care and counseling provided to the child

  5  and family, in accordance with the family's ability to pay as

  6  determined by the court. Placement Commitment of a child under

  7  this section is designed to provide residential care on a

  8  temporary basis. Such placement commitment does not abrogate

  9  the legal responsibilities of the parent, guardian, or legal

10  custodian with respect to the child, except to the extent that

11  those responsibilities are temporarily altered by court order.

12         (6)  The Juvenile Justice Accountability Board shall

13  monitor the operation of the pilot program and issue a

14  preliminary evaluation report to the Legislature by December

15  1, 1998. The Department of Juvenile Justice and the Juvenile

16  Justice Accountability Board shall issue a joint final report

17  to the Legislature, including any proposed legislation, by

18  December 1, 1999.

19         Section 5.  Paragraph (b) of subsection (4) of section

20  985.201, Florida Statutes, is amended to read:

21         985.201  Jurisdiction.--

22         (4)

23         (b)1.  The court may retain jurisdiction over a child

24  committed to the department for placement in a juvenile prison

25  or in a high-risk or maximum-risk residential commitment

26  program to allow the child to participate in a juvenile

27  conditional release program pursuant to s. 985.316.  In no

28  case shall the jurisdiction of the court be retained beyond

29  the child's 22nd birthday.  However, if the child is not

30  successful in the conditional release program, the department

31  may use the transfer procedure under s. 985.404.

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    Florida Senate - 2000                   CS for SB's 1192 & 180
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  1         2.  The court may retain jurisdiction over a child

  2  committed to the department for placement in an intensive

  3  residential treatment program for 10-year-old to 13-year-old

  4  offenders, in the residential commitment program in a juvenile

  5  prison, in a residential sex offender program, or in a program

  6  for serious or habitual juvenile offenders as provided in s.

  7  985.311 or s. 985.31 until the child reaches the age of 21. If

  8  the court exercises this jurisdiction retention, it shall do

  9  so solely for the purpose of the child completing the

10  intensive residential treatment program for 10-year-old to

11  13-year-old offenders, in the residential commitment program

12  in a juvenile prison, in a residential sex offender program,

13  or the program for serious or habitual juvenile offenders.

14  Such jurisdiction retention does not apply for other programs,

15  other purposes, or new offenses.

16         Section 6.  Paragraphs (c) and (d) of subsection (1) of

17  section 985.207, Florida Statutes, are amended to read:

18         985.207  Taking a child into custody.--

19         (1)  A child may be taken into custody under the

20  following circumstances:

21         (c)  By a law enforcement officer for failing to appear

22  at a court hearing after being properly noticed.

23         (d)  By a law enforcement officer who has probable

24  cause to believe that the child is in violation of the

25  conditions of the child's community control, home detention,

26  postcommitment community control, or aftercare supervision or

27  has absconded from commitment.

28

29  Nothing in this subsection shall be construed to allow the

30  detention of a child who does not meet the detention criteria

31  in s. 985.215.

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  1         Section 7.  Subsection (3) and paragraph (a) of

  2  subsection (6) of section 985.211, Florida Statutes, are

  3  amended to read:

  4         985.211  Release or delivery from custody.--

  5         (3)  If the child is released, the person taking the

  6  child into custody shall make a written report or probable

  7  cause affidavit to the appropriate juvenile probation officer

  8  within 24 hours after such release 3 days, stating the facts

  9  and the reason for taking the child into custody.  Such

10  written report or probable cause affidavit shall:

11         (a)  Identify the child, the parents, guardian, or

12  legal custodian, and the person to whom the child was

13  released.

14         (b)  Contain sufficient information to establish the

15  jurisdiction of the court and to make a prima facie showing

16  that the child has committed a violation of law or a

17  delinquent act.

18         (6)(a)  A copy of the probable cause affidavit or

19  written report made by the person taking the child into

20  custody a law enforcement agency shall be filed, by the law

21  enforcement agency which employs the person making such

22  affidavit or written report, with the clerk of the circuit

23  court for the county in which the child is taken into custody

24  or in which the affidavit or report is made within 24 hours

25  after the child is taken into custody and detained, within 1

26  week after the child is taken into custody and released, or

27  within 1 week after the affidavit or report is made, excluding

28  Saturdays, Sundays, and legal holidays.  Such affidavit or

29  report is a case for the purpose of assigning a uniform case

30  number pursuant to this subsection.

31

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  1         Section 8.  Paragraph (b) of subsection (2) of section

  2  985.213, Florida Statutes, is amended to read:

  3         985.213  Use of detention.--

  4         (2)(b)1.  The risk assessment instrument for detention

  5  care placement determinations and orders shall be developed by

  6  the Department of Juvenile Justice in agreement with

  7  representatives appointed by the following associations: the

  8  Conference of Circuit Judges of Florida, the Prosecuting

  9  Attorneys Association, and the Public Defenders Association,

10  the Florida Sheriffs Association, and the Florida Association

11  of Chiefs of Police.  Each association shall appoint two

12  individuals, one representing an urban area and one

13  representing a rural area.  The parties involved shall

14  evaluate and revise the risk assessment instrument as is

15  considered necessary using the method for revision as agreed

16  by the parties. The risk assessment instrument shall take into

17  consideration, but need not be limited to, prior history of

18  failure to appear, prior offenses, offenses committed pending

19  adjudication, any unlawful possession of a firearm, theft of a

20  motor vehicle or possession of a stolen motor vehicle, and

21  community control status at the time the child is taken into

22  custody. The risk assessment instrument shall also take into

23  consideration appropriate aggravating and mitigating

24  circumstances, and shall be designed to target a narrower

25  population of children than s. 985.215(2). The risk assessment

26  instrument shall also include any information concerning the

27  child's history of abuse and neglect. The risk assessment

28  shall indicate whether detention care is warranted, and, if

29  detention care is warranted, whether the child should be

30  placed into secure, nonsecure, or home detention care.

31

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  1         2.  If, at the detention hearing, the court finds a

  2  material error in the scoring of the risk assessment

  3  instrument, the court may amend the score to reflect factual

  4  accuracy.

  5         3.  A child who is charged with committing an offense

  6  of domestic violence as defined in s. 741.28(1) and who does

  7  not meet detention criteria may be held in secure detention if

  8  the court makes specific written findings that:

  9         a.  The offense of domestic violence which the child is

10  charged with committing caused physical injury to the victim;

11         a.b.  Respite care for the child is not available; and

12         b.c.  It is necessary to place the child in secure

13  detention in order to protect the victim from further injury.

14

15  The child may not be held in secure detention under this

16  subparagraph for more than 48 hours unless ordered by the

17  court. After 48 hours, the court shall hold a hearing if the

18  state attorney or victim requests that secure detention be

19  continued. The child may continue to be held in secure

20  detention care if the court makes a specific, written finding

21  that secure detention care is necessary to protect the victim

22  from further injury. However, the child may not be held in

23  secure detention care beyond the time limits set forth in s.

24  985.215.

25         4.  For a child who is under the supervision of the

26  department through community control, home detention,

27  nonsecure detention, aftercare, postcommitment community

28  control, or commitment and who is charged with committing a

29  new offense, the risk assessment instrument may be completed

30  and scored based on the underlying charge for which the child

31

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  1  was placed under the supervision of the department and the new

  2  offense.

  3         Section 9.  Paragraphs (i) and (j) are added to

  4  subsection (2) of section 985.215, Florida Statutes, and

  5  subsection (5) and paragraphs (a) and (d) of subsection (10)

  6  of that section are amended, to read:

  7         985.215  Detention.--

  8         (2)  Subject to the provisions of subsection (1), a

  9  child taken into custody and placed into nonsecure or home

10  detention care or detained in secure detention care prior to a

11  detention hearing may continue to be detained by the court if:

12         (i)  The child is detained on a judicial order for

13  failure to appear and has previously willfully failed to

14  appear, after proper notice, for an adjudicatory hearing on

15  the same case regardless of the results of the risk assessment

16  instrument. A child may be held in secure detention for up to

17  72 hours in advance of the next scheduled court hearing

18  pursuant to this paragraph. The child's failure to keep the

19  clerk of court and defense counsel informed of a current and

20  valid mailing address where the child will receive notice to

21  appear at court proceedings does not provide an adequate

22  ground for excusal of the child's nonappearance at the

23  hearings.

24         (j)  The child is detained on a judicial order for

25  failure to appear and has previously willfully failed to

26  appear, after proper notice, at two or more court hearings of

27  any nature on the same case regardless of the results of the

28  risk assessment instrument. A child may be held in secure

29  detention for up to 72 hours in advance of the next scheduled

30  court hearing pursuant to this paragraph. The child's failure

31  to keep the clerk of court and defense counsel informed of a

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  1  current and valid mailing address where the child will receive

  2  notice to appear at court proceedings does not provide an

  3  adequate ground for excusal of the child's nonappearance at

  4  the hearings.

  5

  6  A child who meets any of these criteria and who is ordered to

  7  be detained pursuant to this subsection shall be given a

  8  hearing within 24 hours after being taken into custody. The

  9  purpose of the detention hearing is to determine the existence

10  of probable cause that the child has committed the delinquent

11  act or violation of law with which he or she is charged and

12  the need for continued detention. Unless a child is detained

13  under paragraph (d) or paragraph (e), the court shall utilize

14  the results of the risk assessment performed by the juvenile

15  probation officer and, based on the criteria in this

16  subsection, shall determine the need for continued detention.

17  A child placed into secure, nonsecure, or home detention care

18  may continue to be so detained by the court pursuant to this

19  subsection. If the court orders a placement more restrictive

20  than indicated by the results of the risk assessment

21  instrument, the court shall state, in writing, clear and

22  convincing reasons for such placement. Except as provided in

23  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

24  paragraph (10)(c), or paragraph (10)(d), when a child is

25  placed into secure or nonsecure detention care, or into a

26  respite home or other placement pursuant to a court order

27  following a hearing, the court order must include specific

28  instructions that direct the release of the child from such

29  placement no later than 5 p.m. on the last day of the

30  detention period specified in paragraph (5)(b) or paragraph

31  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

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  1  unless the requirements of such applicable provision have been

  2  met or an order of continuance has been granted pursuant to

  3  paragraph (5)(d).

  4         (5)(a)  A child may not be placed into or held in

  5  secure, nonsecure, or home detention care for longer than 24

  6  hours unless the court orders such detention care, and the

  7  order includes specific instructions that direct the release

  8  of the child from such detention care, in accordance with

  9  subsection (2). The order shall be a final order, reviewable

10  by appeal pursuant to s. 985.234 and the Florida Rules of

11  Appellate Procedure.  Appeals of such orders shall take

12  precedence over other appeals and other pending matters.

13         (b)  The arresting law enforcement agency shall

14  complete and present its investigation of an offense under

15  this subsection to the appropriate state attorney's office

16  within 8 days after placement of the child in secure

17  detention. The investigation shall include, but is not limited

18  to, police reports and supplemental police reports, witness

19  statements, and evidence collection documents. The failure of

20  a law enforcement agency to complete and present its

21  investigation within 8 days shall not entitle a juvenile to be

22  released from secure detention or to a dismissal of any

23  charges.

24         (c)(b)  Except as provided in paragraph (f), a child

25  may not be held in secure, nonsecure, or home detention care

26  under a special detention order for more than 21 days unless

27  an adjudicatory hearing for the case has been commenced in

28  good faith by the court.

29         (d)(c)  Except as provided in paragraph (f), a child

30  may not be held in secure, nonsecure, or home detention care

31

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  1  for more than 15 days following the entry of an order of

  2  adjudication.

  3         (e)(d)  The time limits in paragraphs (c) and (d) (b)

  4  and (c) do not include periods of delay resulting from a

  5  continuance granted by the court for cause on motion of the

  6  child or his or her counsel or of the state. Upon the issuance

  7  of an order granting a continuance for cause on a motion by

  8  either the child, the child's counsel, or the state, the court

  9  shall conduct a hearing at the end of each 72-hour period,

10  excluding Saturdays, Sundays, and legal holidays, to determine

11  the need for continued detention of the child and the need for

12  further continuance of proceedings for the child or the state.

13         (f)  Upon good cause being shown that the nature of the

14  charge requires additional time for the prosecution or defense

15  of the case, the court may extend the time limits for

16  detention specified in paragraph (c) an additional 9 days if

17  the child is charged with an offense that would be, if

18  committed by an adult, a capital felony, a life felony, a

19  felony of the first degree, or a felony of the second degree

20  involving violence against any individual.

21         (10)(a)1.  When a child is committed to the Department

22  of Juvenile Justice awaiting dispositional placement, removal

23  of the child from detention care shall occur within 5 days,

24  excluding Saturdays, Sundays, and legal holidays. Any child

25  held in secure detention during the 5 days must meet detention

26  admission criteria pursuant to this section. If the child is

27  committed to a moderate-risk residential program, the

28  department may seek an order from the court authorizing

29  continued detention for a specific period of time necessary

30  for the appropriate residential placement of the child.

31  However, such continued detention in secure detention care may

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  1  not exceed 15 days after commitment, excluding Saturdays,

  2  Sundays, and legal holidays, and except as otherwise provided

  3  in this subsection.

  4         2.  The court must place all children who are

  5  adjudicated and awaiting placement in a residential commitment

  6  program in detention care. Children who are in home detention

  7  care or nonsecure detention care may be placed on electronic

  8  monitoring.  A child committed to a moderate-risk residential

  9  program may be held in a juvenile assignment center pursuant

10  to s. 985.307 until placement or commitment is accomplished.

11         (d)  If the child is committed to a maximum-risk

12  residential program, the child must be held in detention care

13  or in an assignment center pursuant to s. 985.307 until

14  placement or commitment is accomplished.

15         Section 10.  Subsection (2) of section 985.216, Florida

16  Statutes, is amended to read:

17         985.216  Punishment for contempt of court; alternative

18  sanctions.--

19         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

20  placed in a secure facility for purposes of punishment for

21  contempt of court if alternative sanctions are unavailable or

22  inappropriate, or if the child has already been ordered to

23  serve an alternative sanction but failed to comply with the

24  sanction.

25         (a)  A delinquent child who has been held in direct or

26  indirect contempt may be placed in a secure detention facility

27  not to exceed for 5 days for a first offense and not to exceed

28  or 15 days for a second or subsequent offense.

29         (b)  A child in need of services who has been held in

30  direct contempt or indirect contempt may be placed, not to

31  exceed for 5 days for a first offense and not to exceed or 15

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  1  days for a second or subsequent offense, in a staff-secure

  2  shelter or a staff-secure residential facility solely for

  3  children in need of services if such placement is available,

  4  or, if such placement is not available, the child may be

  5  placed in an appropriate mental health facility or substance

  6  abuse facility for assessment. In addition to disposition

  7  under this paragraph, a child in need of services who is held

  8  in direct contempt or indirect contempt may be placed in a

  9  physically secure facility as provided under s. 984.226 if

10  conditions of eligibility are met.

11         Section 11.  Present subsections (4) through (11) of

12  section 985.219, Florida Statutes, are renumbered as

13  subsections (5) through (12), respectively, and a new

14  subsection (4) is added to that section, to read:

15         985.219  Process and service.--

16         (4)  Law enforcement agencies shall act upon subpoenas

17  received and serve process within 7 days after arraignment or

18  as soon thereafter as is possible, except that no service

19  shall be made on Sundays.

20         Section 12.  Paragraph (d) of subsection (1) of section

21  985.231, Florida Statutes, is amended to read:

22         985.231  Powers of disposition in delinquency cases.--

23         (1)

24         (d)  Any commitment of a delinquent child to the

25  Department of Juvenile Justice must be for an indeterminate

26  period of time, which may include periods of temporary

27  release, but the time may not exceed the maximum term of

28  imprisonment that an adult may serve for the same offense. Any

29  temporary release for a period greater than 3 days must be

30  approved by the court. Any child so committed may be

31  discharged from institutional confinement or a program upon

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  1  the direction of the department with the concurrence of the

  2  court. Notwithstanding s. 743.07 and this subsection, and

  3  except as provided in ss. s. 985.31 and 985.201, a child may

  4  not be held under a commitment from a court pursuant to this

  5  section after becoming 21 years of age. The department shall

  6  give the court that committed the child to the department

  7  reasonable notice, in writing, of its desire to discharge the

  8  child from a commitment facility. The court that committed the

  9  child may thereafter accept or reject the request. If the

10  court does not respond within 10 days after receipt of the

11  notice, the request of the department shall be deemed granted.

12  This section does not limit the department's authority to

13  revoke a child's temporary release status and return the child

14  to a commitment facility for any violation of the terms and

15  conditions of the temporary release.

16         Section 13.  Paragraph (c) of subsection (4) of section

17  985.233, Florida Statutes, is amended to read:

18         985.233  Sentencing powers; procedures; alternatives

19  for juveniles prosecuted as adults.--

20         (4)  SENTENCING ALTERNATIVES.--

21         (c)  Imposition of adult sanctions upon failure of

22  juvenile sanctions.--If a child proves not to be suitable to a

23  commitment program, community control program, or for a

24  treatment program under the provisions of paragraph (b)

25  subparagraph (b)2., the department shall provide the

26  sentencing court with a written report outlining the basis for

27  its objections to the juvenile sanction and shall

28  simultaneously provide a copy of the report to the state

29  attorney and the defense counsel. The department shall

30  schedule a hearing within 30 days.  Upon hearing, the court

31  may revoke the previous adjudication, impose an adjudication

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  1  of guilt, classify the child as a youthful offender when

  2  appropriate, and impose any sentence which it may lawfully

  3  impose, giving credit for all time spent by the child in the

  4  department. The court may also classify the child as a

  5  youthful offender pursuant to s. 958.04, if appropriate. For

  6  purposes of this paragraph, a child may be found not suitable

  7  to a commitment program, community control program, or

  8  treatment program under the provisions of paragraph (b) if the

  9  child commits a new violation of law while under juvenile

10  sanctions, if the child commits any other violation of the

11  conditions of juvenile sanctions, or if the child's actions

12  are otherwise determined by the court to demonstrate a failure

13  of juvenile sanctions.

14

15  It is the intent of the Legislature that the criteria and

16  guidelines in this subsection are mandatory and that a

17  determination of disposition under this subsection is subject

18  to the right of the child to appellate review under s.

19  985.234.

20         Section 14.  Juvenile Arrest and Monitor Unit pilot

21  program; creation; operation; duties of Orange County

22  Sheriff's Office and Department of Juvenile Justice.--

23         (1)  The Legislature authorizes the creation, in Orange

24  County, Florida, of a pilot program that shall be known as the

25  Juvenile Arrest and Monitor Unit and shall continue in

26  existence through September 30, 2003.

27         (2)  Under the pilot program created in subsection (1),

28  the Orange County Sheriff's Office shall monitor selected

29  juvenile offenders on community control in Orange County. The

30  Department of Juvenile Justice shall recommend juvenile

31  offenders on community control, post-commitment community

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  1  control, and aftercare to be supervised under this program.

  2  The Orange County Sheriff's Office has the sole right and

  3  authority to accept or reject any or all juvenile offenders

  4  who have been recommended by the Department of Juvenile

  5  Justice to the Juvenile Arrest and Monitor Unit. The sheriff's

  6  office shall determine the number of juvenile offenders it

  7  will supervise. The Department of Juvenile Justice shall

  8  monthly recommend juvenile offenders to the sheriff's office,

  9  to ensure that the program operates at maximum capacity as

10  determined by the sheriff's office. The Juvenile Arrest and

11  Monitor Unit shall supervise up to 25 juveniles per deputy

12  assigned to the unit. The Juvenile Arrest and Monitor Unit

13  will accept juvenile offenders who have been determined by the

14  Department of Juvenile Justice to be on community control,

15  post-commitment community control, and aftercare. The Orange

16  County Sheriff's Office shall use all statutorily available

17  means, ranging from a verbal warning to arrest and

18  incarceration, to effect offenders' compliance with the terms

19  of community control.

20         (3)  The Department of Juvenile Justice shall maintain

21  all files and paperwork relating to all juveniles on community

22  control, post-commitment community control, and aftercare who

23  are supervised under this pilot program as required by the

24  Florida Statutes.

25         (4)  The Orange County Sheriff's Office shall conduct a

26  study to determine the effectiveness and results of the

27  Juvenile Arrest and Monitor Unit. The sheriff's office shall

28  use a portion of the funds appropriated by the Legislature for

29  this pilot program to contract with the University of Central

30  Florida to conduct this study of the Juvenile Arrest and

31  Monitor Unit.

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  1         Section 15.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                     Senate Bills 1192 & 180

  6

  7  1.    Deletes language revising the definition of "prior
          record" for adult sentencing purposes.
  8
    2.    Expands statewide the physically secure facility pilot
  9        program in the seventh circuit for certain children in
          need of services.
10
    3.    Authorizes the creation of a pilot program that would
11        require the Orange County Sheriff's Office to monitor
          selected juvenile offenders on community control in that
12        county.

13  4.    Provides that when a youth is taken into custody and
          released, the person taking the youth into custody must
14        make the release report to the juvenile probation
          officer within 24 hours after the youth's release.
15
    5.    Requires the arresting law enforcement agency to
16        complete and present its investigation to the state
          attorney's office within 8 days of a youth being placed
17        in secure detention.

18  6.    Extends the current 21-day detention time limit for an
          additional 9 days if the offense charged is a capital
19        felony, life felony, first degree felony, or a second
          degree felony involving violence against a person.
20
    7.    Requires law enforcement agencies to serve process for
21        juvenile proceedings within 7 days after arraignment or
          as soon as possible afterwards.
22
    8.    Deletes the provision that allows authorized agents of
23        the DJJ to take into custody a youth who has failed to
          appear at a court hearing or who is in violation of
24        community control.

25

26

27

28

29

30

31

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