Florida Senate - 2011                                    SB 1354
       
       
       
       By Senator Storms
       
       
       
       
       10-01424-11                                           20111354__
    1                        A bill to be entitled                      
    2         An act relating to juvenile detention; amending s.
    3         985.245, F.S.; requiring that points be added to a
    4         supervised child’s risk assessment instrument if the
    5         child is charged with committing a new offense;
    6         amending s. 985.255, F.S.; providing for the continued
    7         detention of a child who is alleged to have violated
    8         the conditions of home detention; broadening the
    9         criteria under which a child may be detained for
   10         failing to appear for any hearing; providing that a
   11         child who violates the conditions of home detention
   12         may be placed in secure detention; extending the time
   13         that a child may be held in advance of the next
   14         scheduled court hearing; deleting the provision
   15         specifying that failure to provide a current or valid
   16         address is not an adequate excuse for nonappearance;
   17         amending s. 985.26, F.S.; extending the period that a
   18         child may be held under a special detention order;
   19         clarifying that a child may not be held in detention
   20         for more than 15 days pending disposition; amending s.
   21         985.27, F.S.; providing that a child who is awaiting
   22         placement and who is arrested for any offense may be
   23         placed in secure detention; providing an effective
   24         date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (4) of section 985.245, Florida
   29  Statutes, is amended to read:
   30         985.245 Risk assessment instrument.—
   31         (4) For a child who is under the supervision of the
   32  department through probation, home detention, nonsecure
   33  detention, conditional release, postcommitment probation, or
   34  commitment and who is charged with committing a new offense, the
   35  risk assessment instrument may be completed and scored based on
   36  the underlying charge for which the child was placed under the
   37  supervision of the department and the new offense. In addition,
   38  a score of 3 points in aggravation shall be included.
   39         Section 2. Present paragraphs (i) and (j) of subsection (1)
   40  of section 985.255, Florida Statutes, are redesignated as
   41  paragraphs (j) and (k), respectively, and amended, and new
   42  paragraphs (i) and (l) are added to that subsection, to read:
   43         985.255 Detention criteria; detention hearing.—
   44         (1) Subject to s. 985.25(1), a child taken into custody and
   45  placed into nonsecure or home detention care or detained in
   46  secure detention care prior to a detention hearing may continue
   47  to be detained by the court if:
   48         (i) The child is alleged to have violated the conditions of
   49  the child’s home detention.
   50         (j)(i) The child is detained on a judicial order for
   51  failure to appear and has previously willfully failed to appear,
   52  after proper notice, for any an adjudicatory hearing on the same
   53  case regardless of the results of the risk assessment
   54  instrument. A child may be held in secure detention for up to 5
   55  business days 72 hours in advance of the next scheduled court
   56  hearing pursuant to this paragraph. The child’s failure to keep
   57  the clerk of court and defense counsel informed of a current and
   58  valid mailing address where the child will receive notice to
   59  appear at court proceedings does not provide an adequate ground
   60  for excusal of the child’s nonappearance at the hearings.
   61         (k)(j) The child is detained on a judicial order for
   62  failure to appear and has previously willfully failed to appear,
   63  after proper notice, at two or more court hearings of any nature
   64  on the same case. In such case, the child shall be held in
   65  secure detention for up to 21 days regardless of the results of
   66  the risk assessment instrument. A child may be held in secure
   67  detention for up to 72 hours in advance of the next scheduled
   68  court hearing pursuant to this paragraph. The child’s failure to
   69  keep the clerk of court and defense counsel informed of a
   70  current and valid mailing address where the child will receive
   71  notice to appear at court proceedings does not provide an
   72  adequate ground for excusal of the child’s nonappearance at the
   73  hearings.
   74         (l) The child is released on home detention and violates
   75  the conditions thereof. In such case, the child may be placed in
   76  secure detention regardless of the score on the risk assessment
   77  instrument.
   78         Section 3. Section 985.26, Florida Statutes, is amended to
   79  read:
   80         985.26 Length of detention.—
   81         (1) A child may not be placed into or held in secure,
   82  nonsecure, or home detention care for longer than 24 hours
   83  unless the court orders such detention care, and the order
   84  includes specific instructions that direct the release of the
   85  child from such detention care, in accordance with s. 985.255.
   86  The order shall be a final order, reviewable by appeal under s.
   87  985.534 and the Florida Rules of Appellate Procedure. Appeals of
   88  such orders shall take precedence over other appeals and other
   89  pending matters.
   90         (2) A child may not be held in secure, nonsecure, or home
   91  detention care under a special detention order for more than 30
   92  21 days unless an adjudicatory hearing for the case has been
   93  commenced in good faith by the court. However, upon good cause
   94  being shown that the nature of the charge requires additional
   95  time for the prosecution or defense of the case, the court may
   96  extend the length of detention for an additional 15 9 days. If
   97  the child is charged with an offense that would be, if committed
   98  by an adult, a capital felony, a life felony, a felony of the
   99  first degree, or a felony of the second degree involving
  100  violence against any individual, the child may be held in secure
  101  detention for up to 45 days.
  102         (3) Except as provided in subsection (2), a child may not
  103  be held in secure, nonsecure, or home detention care for more
  104  than 15 days pending disposition and following the entry of an
  105  order of adjudication.
  106         Section 4. Subsection (3) is added to section 985.27,
  107  Florida Statutes, to read:
  108         985.27 Postcommitment detention while awaiting placement.—
  109         (3) A child who is awaiting placement in any commitment
  110  level may be held in secure detention pending placement if the
  111  child is arrested for any offense, including a misdemeanor. A
  112  child may be placed in home detention care, nonsecure detention
  113  care, or home or nonsecure detention care with electronic
  114  monitoring while awaiting placement into a program.
  115         Section 5. This act shall take effect July 1, 2011.