Florida Senate - 2015 SB 498
By Senator Thompson
12-00117-15 2015498__
1 A bill to be entitled
2 An act relating to juvenile justice; repealing s.
3 985.557, F.S., relating to direct filing of an
4 information; amending ss. 985.04, 985.15, 985.265, and
5 985.556, F.S.; conforming provisions to changes made
6 by the act; amending s. 985.565, F.S.; conforming
7 provisions to changes made by the act; authorizing,
8 rather than requiring, a court to impose adult
9 sanctions under certain circumstances; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 985.557, Florida Statutes, is repealed.
15 Section 2. Subsection (2) of section 985.04, Florida
16 Statutes, is amended to read:
17 985.04 Oaths; records; confidential information.—
18 (2) Notwithstanding any other provisions of this chapter,
19 the name, photograph, address, and crime or arrest report of a
20 child:
21 (a) Taken into custody if the child has been taken into
22 custody by a law enforcement officer for a violation of law
23 which, if committed by an adult, would be a felony;
24 (b) Found by a court to have committed three or more
25 violations of law which, if committed by an adult, would be
26 misdemeanors;
27 (c) Transferred to the adult system under s. 985.557,
28 Indicted under s. 985.56, or waived under s. 985.556; or
29 (d) Taken into custody by a law enforcement officer for a
30 violation of law subject to s. 985.557(2)(b) or (d); or
31 (d)(e) Transferred to the adult system but sentenced to the
32 juvenile system under s. 985.565
33
34 shall not be considered confidential and exempt from s.
35 119.07(1) solely because of the child’s age.
36 Section 3. Subsection (1) of section 985.15, Florida
37 Statutes, is amended to read:
38 985.15 Filing decisions.—
39 (1) The state attorney may in all cases take action
40 independent of the action or lack of action of the juvenile
41 probation officer and shall determine the action that is in the
42 best interest of the public and the child. If the child meets
43 the criteria requiring prosecution as an adult under s. 985.556,
44 the state attorney shall request the court to transfer and
45 certify the child for prosecution as an adult or shall provide
46 written reasons to the court for not making such a request. In
47 all other cases, the state attorney may:
48 (a) File a petition for dependency;
49 (b) File a petition under chapter 984;
50 (c) File a petition for delinquency;
51 (d) File a petition for delinquency with a motion to
52 transfer and certify the child for prosecution as an adult;
53 (e) File an information under s. 985.557;
54 (e)(f) Refer the case to a grand jury;
55 (f)(g) Refer the child to a diversionary, pretrial
56 intervention, arbitration, or mediation program, or to some
57 other treatment or care program if such program commitment is
58 voluntarily accepted by the child or the child’s parents or
59 legal guardian; or
60 (g)(h) Decline to file.
61 Section 4. Subsection (5) of section 985.265, Florida
62 Statutes, is amended to read:
63 985.265 Detention transfer and release; education; adult
64 jails.—
65 (5) The court shall order the delivery of a child to a jail
66 or other facility intended or used for the detention of adults:
67 (a) When the child has been transferred or indicted for
68 criminal prosecution as an adult under part X, except that the
69 court may not order or allow a child alleged to have committed a
70 misdemeanor who is being transferred for criminal prosecution
71 pursuant to either s. 985.556 or s. 985.557 to be detained or
72 held in a jail or other facility intended or used for the
73 detention of adults; however, such child may be held temporarily
74 in a detention facility; or
75 (b) When a child taken into custody in this state is wanted
76 by another jurisdiction for prosecution as an adult.
77
78 The child shall be housed separately from adult inmates to
79 prohibit a child from having regular contact with incarcerated
80 adults, including trusties. “Regular contact” means sight and
81 sound contact. Separation of children from adults shall permit
82 no more than haphazard or accidental contact. The receiving jail
83 or other facility shall contain a separate section for children
84 and shall have an adequate staff to supervise and monitor the
85 child’s activities at all times. Supervision and monitoring of
86 children includes physical observation and documented checks by
87 jail or receiving facility supervisory personnel at intervals
88 not to exceed 10 minutes. This subsection does not prohibit
89 placing two or more children in the same cell. Under no
90 circumstances shall a child be placed in the same cell with an
91 adult.
92 Section 5. Subsection (3) of section 985.556, Florida
93 Statutes, is amended to read:
94 985.556 Waiver of juvenile court jurisdiction; hearing.—
95 (3) INVOLUNTARY MANDATORY WAIVER.—
96 (a) If the child was 14 years of age or older, and if the
97 child has been previously adjudicated delinquent for an act
98 classified as a felony, which adjudication was for the
99 commission of, attempt to commit, or conspiracy to commit
100 murder, sexual battery, armed or strong-armed robbery,
101 carjacking, home-invasion robbery, aggravated battery,
102 aggravated assault, or burglary with an assault or battery, and
103 the child is currently charged with a second or subsequent
104 violent crime against a person; or
105 (b) If the child was 14 years of age or older at the time
106 of commission of a fourth or subsequent alleged felony offense
107 and the child was previously adjudicated delinquent or had
108 adjudication withheld for or was found to have committed, or to
109 have attempted or conspired to commit, three offenses that are
110 felony offenses if committed by an adult, and one or more of
111 such felony offenses involved the use or possession of a firearm
112 or violence against a person;
113
114 the state attorney shall request the court to transfer and
115 certify the child for prosecution as an adult or shall provide
116 written reasons to the court for not making such request, or
117 proceed under s. 985.557(1). Upon the state attorney’s request,
118 the court shall either enter an order transferring the case and
119 certifying the case for trial as if the child were an adult or
120 provide written reasons for not issuing such an order.
121 Section 6. Paragraphs (a) and (b) of subsection (4) of
122 section 985.565, Florida Statutes, are amended to read:
123 985.565 Sentencing powers; procedures; alternatives for
124 juveniles prosecuted as adults.—
125 (4) SENTENCING ALTERNATIVES.—
126 (a) Adult sanctions.—
127 1. Cases prosecuted on indictment.—If the child is found to
128 have committed the offense punishable by death or life
129 imprisonment, the child shall be sentenced as an adult. If the
130 juvenile is not found to have committed the indictable offense
131 but is found to have committed a lesser included offense or any
132 other offense for which he or she was indicted as a part of the
133 criminal episode, the court may sentence as follows:
134 a. As an adult;
135 b. Under chapter 958; or
136 c. As a juvenile under this section.
137 2. Other cases.—If a child who has been transferred for
138 criminal prosecution pursuant to information or waiver of
139 juvenile court jurisdiction is found to have committed a
140 violation of state law or a lesser included offense for which he
141 or she was charged as a part of the criminal episode, the court
142 may sentence as follows:
143 a. As an adult;
144 b. Under chapter 958; or
145 c. As a juvenile under this section.
146 3. Notwithstanding any other provision to the contrary, if
147 the state attorney is required to file a motion to transfer and
148 certify the juvenile for prosecution as an adult under s.
149 985.556(3) and that motion is granted, or if the state attorney
150 is required to file an information under s. 985.557(2)(a) or
151 (b), the court may must impose adult sanctions.
152 4. Any sentence imposing adult sanctions is presumed
153 appropriate, and the court is not required to set forth specific
154 findings or enumerate the criteria in this subsection as any
155 basis for its decision to impose adult sanctions.
156 5. When a child has been transferred for criminal
157 prosecution as an adult and has been found to have committed a
158 violation of state law, the disposition of the case may include
159 the enforcement of any restitution ordered in any juvenile
160 proceeding.
161 (b) Juvenile sanctions.—For juveniles transferred to adult
162 court but who do not qualify for such transfer under s.
163 985.556(3) or s. 985.557(2)(a) or (b), the court may impose
164 juvenile sanctions under this paragraph. If juvenile sentences
165 are imposed, the court shall, under this paragraph, adjudge the
166 child to have committed a delinquent act. Adjudication of
167 delinquency shall not be deemed a conviction, nor shall it
168 operate to impose any of the civil disabilities ordinarily
169 resulting from a conviction. The court shall impose an adult
170 sanction or a juvenile sanction and may not sentence the child
171 to a combination of adult and juvenile punishments. An adult
172 sanction or a juvenile sanction may include enforcement of an
173 order of restitution or probation previously ordered in any
174 juvenile proceeding. However, if the court imposes a juvenile
175 sanction and the department determines that the sanction is
176 unsuitable for the child, the department shall return custody of
177 the child to the sentencing court for further proceedings,
178 including the imposition of adult sanctions. Upon adjudicating a
179 child delinquent under subsection (1), the court may:
180 1. Place the child in a probation program under the
181 supervision of the department for an indeterminate period of
182 time until the child reaches the age of 19 years or sooner if
183 discharged by order of the court.
184 2. Commit the child to the department for treatment in an
185 appropriate program for children for an indeterminate period of
186 time until the child is 21 or sooner if discharged by the
187 department. The department shall notify the court of its intent
188 to discharge no later than 14 days prior to discharge. Failure
189 of the court to timely respond to the department’s notice shall
190 be considered approval for discharge.
191 3. Order disposition under ss. 985.435, 985.437, 985.439,
192 985.441, 985.45, and 985.455 as an alternative to youthful
193 offender or adult sentencing if the court determines not to
194 impose youthful offender or adult sanctions.
195
196 It is the intent of the Legislature that the criteria and
197 guidelines in this subsection are mandatory and that a
198 determination of disposition under this subsection is subject to
199 the right of the child to appellate review under s. 985.534.
200 Section 7. This act shall take effect October 1, 2015.