| 1 | A bill to be entitled |
| 2 | An act relating to juvenile commitment; amending s. |
| 3 | 985.441, F.S.; revising language concerning active control |
| 4 | over a child committed to the Department of Juvenile |
| 5 | Justice; prohibiting a court from committing certain youth |
| 6 | at a restrictiveness level other than minimum-risk |
| 7 | nonresidential; authorizing a court to commit certain |
| 8 | youth to a low-risk or moderate-risk residential |
| 9 | placement; limiting transfers of certain youth; amending |
| 10 | ss. 985.0301, 985.033, and 985.46, F.S.; conforming cross- |
| 11 | references; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 985.441, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 985.441 Commitment.- |
| 18 | (1) The court that has jurisdiction of an adjudicated |
| 19 | delinquent child may, by an order stating the facts upon which a |
| 20 | determination of a sanction and rehabilitative program was made |
| 21 | at the disposition hearing: |
| 22 | (a) Commit the child to a licensed child-caring agency |
| 23 | willing to receive the child; however, the court may not commit |
| 24 | the child to a jail or to a facility used primarily as a |
| 25 | detention center or facility or shelter. |
| 26 | (b) Commit the child to the department at a |
| 27 | restrictiveness level defined in s. 985.03. Such commitment must |
| 28 | be for the purpose of exercising active control over the child, |
| 29 | including, but not limited to, custody, care, training, urine |
| 30 | monitoring for substance abuse, electronic monitoring, and |
| 31 | treatment of the child and release of the child from residential |
| 32 | commitment into the community in a postcommitment nonresidential |
| 33 | conditional release program. If the child is not successful in |
| 34 | the conditional release program, the department may use the |
| 35 | transfer procedure under subsection (4) (3). |
| 36 | (c) Commit the child to the department for placement in a |
| 37 | program or facility for serious or habitual juvenile offenders |
| 38 | in accordance with s. 985.47. |
| 39 | 1. Following a delinquency adjudicatory hearing under s. |
| 40 | 985.35 and a delinquency disposition hearing under s. 985.433 |
| 41 | that results in a commitment determination, the court shall, on |
| 42 | its own or upon request by the state or the department, |
| 43 | determine whether the protection of the public requires that the |
| 44 | child be placed in a program for serious or habitual juvenile |
| 45 | offenders and whether the particular needs of the child would be |
| 46 | best served by a program for serious or habitual juvenile |
| 47 | offenders as provided in s. 985.47. The determination shall be |
| 48 | made under ss. 985.47(1) and 985.433(7). |
| 49 | 2. Any commitment of a child to a program or facility for |
| 50 | serious or habitual juvenile offenders must be for an |
| 51 | indeterminate period of time, but the time may not exceed the |
| 52 | maximum term of imprisonment that an adult may serve for the |
| 53 | same offense. |
| 54 | (d) Commit the child to the department for placement in a |
| 55 | program or facility for juvenile sexual offenders in accordance |
| 56 | with s. 985.48, subject to specific appropriation for such a |
| 57 | program or facility. |
| 58 | 1. The child may only be committed for such placement |
| 59 | pursuant to determination that the child is a juvenile sexual |
| 60 | offender under the criteria specified in s. 985.475. |
| 61 | 2. Any commitment of a juvenile sexual offender to a |
| 62 | program or facility for juvenile sexual offenders must be for an |
| 63 | indeterminate period of time, but the time may not exceed the |
| 64 | maximum term of imprisonment that an adult may serve for the |
| 65 | same offense. |
| 66 | (2) Notwithstanding subsection (1), the court with |
| 67 | jurisdiction over an adjudicated delinquent child whose |
| 68 | underlying offense was a misdemeanor may not commit the child |
| 69 | for any misdemeanor offense or any probation violation at a |
| 70 | restrictiveness level other than minimum-risk nonresidential |
| 71 | unless the probation violation is a new violation of law |
| 72 | constituting a felony. However, the court may commit such child |
| 73 | to a low-risk or moderate-risk residential placement if the |
| 74 | child: |
| 75 | 1. Has previously been adjudicated for a felony offense; |
| 76 | 2. Has been adjudicated for four or more misdemeanor |
| 77 | offenses within 1 year after the date on which the offense |
| 78 | before the court for disposition was committed; or |
| 79 | 3. Is before the court for disposition for a violation of |
| 80 | s. 800.03, s. 806.031, or s. 828.12. |
| 81 | (3)(2) The nonconsent of the child to commitment or |
| 82 | treatment in a substance abuse treatment program in no way |
| 83 | precludes the court from ordering such commitment or treatment. |
| 84 | (4)(3) The department may transfer a child, when necessary |
| 85 | to appropriately administer the child's commitment, from one |
| 86 | facility or program to another facility or program operated, |
| 87 | contracted, subcontracted, or designated by the department, |
| 88 | including a postcommitment nonresidential conditional release |
| 89 | program, except that the department may not transfer any child |
| 90 | adjudicated solely for a misdemeanor to a residential program |
| 91 | except as provided in subsection (2). The department shall |
| 92 | notify the court that committed the child to the department and |
| 93 | any attorney of record for the child, in writing, of its intent |
| 94 | to transfer the child from a commitment facility or program to |
| 95 | another facility or program of a higher or lower restrictiveness |
| 96 | level. The court that committed the child may agree to the |
| 97 | transfer or may set a hearing to review the transfer. If the |
| 98 | court does not respond within 10 days after receipt of the |
| 99 | notice, the transfer of the child shall be deemed granted. |
| 100 | Section 2. Paragraph (d) of subsection (5) of section |
| 101 | 985.0301, Florida Statutes, is amended to read: |
| 102 | 985.0301 Jurisdiction.- |
| 103 | (5) |
| 104 | (d) The court may retain jurisdiction over a child |
| 105 | committed to the department for placement in a juvenile prison |
| 106 | or in a high-risk or maximum-risk residential commitment program |
| 107 | to allow the child to participate in a juvenile conditional |
| 108 | release program pursuant to s. 985.46. In no case shall The |
| 109 | jurisdiction of the court may not be retained after beyond the |
| 110 | child's 22nd birthday. However, if the child is not successful |
| 111 | in the conditional release program, the department may use the |
| 112 | transfer procedure under s. 985.441(4)(3). |
| 113 | Section 3. Subsection (2) of section 985.033, Florida |
| 114 | Statutes, is amended to read: |
| 115 | 985.033 Right to counsel.- |
| 116 | (2) This section does not apply to transfer proceedings |
| 117 | under s. 985.441(4)(3), unless the court sets a hearing to |
| 118 | review the transfer. |
| 119 | Section 4. Subsection (4) of section 985.46, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 985.46 Conditional release.- |
| 122 | (4) A juvenile under nonresidential commitment placement |
| 123 | continues will continue to be on commitment status and is |
| 124 | subject to the transfer provision under s. 985.441(4)(3). |
| 125 | Section 5. This act shall take effect July 1, 2011. |