HB 1007

1
A bill to be entitled
2An act relating to sentencing juveniles; amending s.
3985.233, F.S.; providing that juveniles may be sentenced
4to juvenile sanctions or to a combination of juvenile and
5adult sanctions; directing the Department of Juvenile
6Justice to give the sentencing court a written report if
7it determines a juvenile sanction to be inappropriate for
8a child; providing a procedure for those instances when
9the Department of Juvenile Justice proposes to discharge
10the child from a juvenile probation, juvenile commitment,
11or juvenile postcommitment probation program before he or
12she becomes 21 years of age; providing additional
13procedures in circumstances where placement in a juvenile
14commitment program is a condition of sentence to a
15Department of Corrections adult probation program;
16requiring the Department of Juvenile Justice to notify the
17sentencing court of its intent to discharge the child no
18later than 30 days before discharge; directing the
19department to file such notice in writing with the clerk
20of the court; directing the department to give a copy of
21the notice to specified persons; providing that a proposed
22discharge will be construed as approved if the sentencing
23court or state attorney fails to object to the discharge;
24directing the sentencing court to consider the educational
25needs of the child; requiring the court to prepare
26findings as to the child's educational needs; authorizing
27the court to order that certain specified educational
28goals be met; reenacting ss. 985.225(3) and (4)(a),
29985.226 (1) and (4)(a), 985.227(2)(d) and (3)(a) and (c),
30and 985.31(3)(k), F.S., relating to sentencing of
31juveniles pursuant to indictment, sentencing of juveniles
32pursuant to waiver of jurisdiction, sentencing of
33juveniles pursuant to direct file proceedings, and the
34commitment of certain juvenile offenders, respectively,
35for the purpose of incorporating the amendment to s.
36985.233, F.S., in references thereto; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Paragraph (b) of subsection (4) of section
42985.233, Florida Statutes, is amended to read:
43     985.233  Sentencing powers; procedures; alternatives for
44juveniles prosecuted as adults.--
45     (4)  SENTENCING ALTERNATIVES.--
46     (b)  Sentencing to juvenile sanctions.--For juveniles
47transferred to adult court but who do not qualify for such
48transfer under pursuant to s. 985.226(2)(b) or s. 985.227(2)(a)
49or (b), the court may impose juvenile sanctions under this
50paragraph. If juvenile sentences are imposed, the court shall,
51under pursuant to this paragraph, adjudge the child to have
52committed a delinquent act. Adjudication of delinquency shall
53not be deemed a conviction, nor shall it operate to impose any
54of the civil disabilities ordinarily resulting from a
55conviction. The court shall impose an adult sanction or a
56juvenile sanction or and may not sentence the child to a
57combination of adult and juvenile sanctions punishments. An
58adult sanction or A juvenile sanction, or a combination of adult
59and juvenile sanctions, may include enforcement of an order of
60restitution or probation previously ordered in any juvenile
61proceeding. However, if the court imposes a juvenile sanction
62and the department determines that the sanction is inappropriate
63unsuitable for the child, the department shall provide the
64sentencing court with a written report outlining the basis for
65its objections to the juvenile sanction and shall simultaneously
66provide a copy to the state attorney and the child's defense
67counsel. The department shall return custody of the child to the
68sentencing court for further proceedings, including the
69imposition of alternative juvenile sanctions, a combination of
70adult and juvenile sanctions, or adult sanctions.
71     1.  Upon adjudicating a child delinquent under subsection
72(1), the court may:
73     a.1.  Place the child in a probation program under the
74supervision of the department for an indeterminate period of
75time until the child reaches the age of 21 19 years or sooner if
76discharged by the department order of the court. If, at any time
77before the child becomes 21 years of age, the department
78proposes to discharge the child from a probation program, the
79department shall notify the sentencing court of its intent to
80discharge the child no later than 30 days before discharge. The
81department shall file a written notice of its proposal with the
82clerk of the court and give a copy of the written notice to the
83sentencing judge, the state attorney, and the child's defense
84counsel at the time it files the notice with the clerk of the
85court. Failure of the sentencing court or the state attorney to
86object to the department's notice of discharge within the 30-day
87time period shall be construed as approval of the proposed
88discharge. If there is no objection, the clerk of the court
89shall note on the court file that the case is closed.
90     b.2.  Commit the child to the department for treatment in
91an appropriate program for children for an indeterminate period
92of time until the child reaches the age of is 21 or sooner if
93discharged by the department. If, at any time before the child
94becomes 21 years of age, the department proposes to discharge
95the child from a commitment or postcommitment probation program,
96the department shall notify the sentencing court of its intent
97to discharge the child no later than 30 14 days before prior to
98discharge. The department shall file a written notice of its
99proposal with the clerk of the court and give a copy of the
100written notice to the sentencing judge, the state attorney, and
101the child's defense counsel at the time it files the notice with
102the clerk of the court. Failure of the sentencing court or the
103state attorney to object within the 30-day time limit timely
104respond to the department's notice shall be considered approval
105for discharge. If there is no objection, the clerk of the court
106shall close the case.
107     c.  Place the child on probation under the supervision of
108the Department of Corrections and commit the child to the
109department for treatment in an appropriate program for children
110for an indeterminate period of time until the child reaches the
111age of 21 years or sooner if discharged by the department. If,
112at any time before the child becomes 21 years of age, the
113department proposes to discharge the child from the commitment
114program, the department shall notify the sentencing court of its
115intent to discharge the child no later than 30 days before
116discharge. The department shall file a written notice of its
117proposal with the clerk of the court and give a copy of the
118written notice to the sentencing judge, the state attorney, and
119the child's defense counsel at the time it files the notice with
120the clerk of the court. Failure of the sentencing court or the
121state attorney to object to the department's notice of discharge
122within the 30-day time period shall be construed as approval of
123the proposed discharge. However, the department may not
124discharge the child until the Department of Corrections meets
125with the child to explain the terms of probation.
126     d.3.  Order disposition pursuant to s. 985.231 as an
127alternative to youthful offender or adult sentencing if the
128court determines not to impose youthful offender or adult
129sanctions.
130     2.  Upon sentencing a child to juvenile sanctions or a
131combination of juvenile and adult sanctions under subparagraph
1321., the court shall consider the educational needs assessment
133conducted under s. 985.224(1) and (2) and make a finding of the
134child's educational status. The court's finding shall include,
135but is not limited to, the child's academic strengths and
136abilities and the child's unmet or special education needs. The
137court may order, as a condition of probation or commitment, that
138the child must attain an appropriate educational goal. The
139appropriate educational goals may include, but are not limited
140to:
141     a.  Receiving a high school diploma or its equivalent.
142     b.  Successful completion of a literacy course.
143     c.  Successful completion of a vocational course.
144     d.  Successful completion of the child's current grade, if
145the child is enrolled in school.
146     e.  Enrollment in an apprenticeship or similar program.
147
148It is the intent of the Legislature that the criteria and
149guidelines in this subsection are mandatory and that a
150determination of disposition under this subsection is subject to
151the right of the child to appellate review under s. 985.234.
152     Section 2.  For the purpose of incorporating the amendment
153to section 985.233, Florida Statutes, in references thereto,
154subsection (3) and paragraph (a) of subsection (4) of section
155985.225, Florida Statutes, are reenacted to read:
156     985.225  Indictment of a juvenile.--
157     (3)  If the child is found to have committed the offense
158punishable by death or by life imprisonment, the child shall be
159sentenced as an adult. If the juvenile is not found to have
160committed the indictable offense but is found to have committed
161a lesser included offense or any other offense for which he or
162she was indicted as a part of the criminal episode, the court
163may sentence pursuant to s. 985.233.
164     (4)(a)  Once a child has been indicted pursuant to this
165subsection and has been found to have committed any offense for
166which he or she was indicted as a part of the criminal episode,
167the child shall be handled thereafter in every respect as if an
168adult for any subsequent violation of state law, unless the
169court imposes juvenile sanctions under s. 985.233.
170     Section 3.  For the purpose of incorporating the amendment
171to section 985.233, Florida Statutes, in references thereto,
172subsection (1) and paragraph (a) of subsection (4) of section
173985.226, Florida Statutes, are reenacted to read:
174     985.226  Criteria for waiver of juvenile court
175jurisdiction; hearing on motion to transfer for prosecution as
176an adult.--
177     (1)  VOLUNTARY WAIVER.--The court shall transfer and
178certify a child's criminal case for trial as an adult if the
179child is alleged to have committed a violation of law and, prior
180to the commencement of an adjudicatory hearing, the child,
181joined by a parent or, in the absence of a parent, by the
182guardian or guardian ad litem, demands in writing to be tried as
183an adult. Once a child has been transferred for criminal
184prosecution pursuant to a voluntary waiver hearing and has been
185found to have committed the presenting offense or a lesser
186included offense, the child shall be handled thereafter in every
187respect as an adult for any subsequent violation of state law,
188unless the court imposes juvenile sanctions under s.
189985.233(4)(b).
190     (4)  EFFECT OF ORDER WAIVING JURISDICTION.--
191     (a)  Once a child has been transferred for criminal
192prosecution pursuant to an involuntary waiver hearing and has
193been found to have committed the presenting offense or a lesser
194included offense, the child shall thereafter be handled in every
195respect as an adult for any subsequent violation of state law,
196unless the court imposes juvenile sanctions under s. 985.233.
197     Section 4.  For the purpose of incorporating the amendment
198to section 985.233, Florida Statutes, in references thereto,
199paragraph (d) of subsection (2) and paragraphs (a) and (c) of
200subsection (3) of section 985.227, Florida Statutes, are
201reenacted to read:
202     985.227  Prosecution of juveniles as adults by the direct
203filing of an information in the criminal division of the circuit
204court; discretionary criteria; mandatory criteria.--
205     (2)  MANDATORY DIRECT FILE.--
206     (d)1.  With respect to any child who was 16 or 17 years of
207age at the time the alleged offense was committed, the state
208attorney shall file an information if the child has been charged
209with committing or attempting to commit an offense listed in s.
210775.087(2)(a)1.a.-q., and, during the commission of or attempt
211to commit the offense, the child:
212     a.  Actually possessed a firearm or destructive device, as
213those terms are defined in s. 790.001.
214     b.  Discharged a firearm or destructive device, as
215described in s. 775.087(2)(a)2.
216     c.  Discharged a firearm or destructive device, as
217described in s. 775.087(2)(a)3., and, as a result of the
218discharge, death or great bodily harm was inflicted upon any
219person.
220     2.  Upon transfer, any child who is:
221     a.  Charged pursuant to sub-subparagraph 1.a. and who has
222been previously adjudicated or had adjudication withheld for a
223forcible felony offense or any offense involving a firearm, or
224who has been previously placed in a residential commitment
225program, shall be subject to sentencing under s. 775.087(2)(a),
226notwithstanding s. 985.233.
227     b.  Charged pursuant to sub-subparagraph 1.b. or sub-
228subparagraph 1.c., shall be subject to sentencing under s.
229775.087(2)(a), notwithstanding s. 985.233.
230     3.  Upon transfer, any child who is charged pursuant to
231this paragraph, but who does not meet the requirements specified
232in subparagraph 2., shall be sentenced pursuant to s. 985.233;
233however, if the court imposes a juvenile sanction, the court
234must commit the child to a high-risk or maximum-risk juvenile
235facility.
236     4.  This paragraph shall not apply if the state attorney
237has good cause to believe that exceptional circumstances exist
238which preclude the just prosecution of the child in adult court.
239     5.  The Department of Corrections shall make every
240reasonable effort to ensure that any child 16 or 17 years of age
241who is convicted and sentenced under this paragraph be
242completely separated such that there is no physical contact with
243adult offenders in the facility, to the extent that it is
244consistent with chapter 958.
245     (3)  EFFECT OF DIRECT FILE.--
246     (a)  Once a child has been transferred for criminal
247prosecution pursuant to an information and has been found to
248have committed the presenting offense or a lesser included
249offense, the child shall be handled thereafter in every respect
250as if an adult for any subsequent violation of state law, unless
251the court imposes juvenile sanctions under s. 985.233.
252     (c)  When a child has been transferred for criminal
253prosecution as an adult and has been found to have committed a
254violation of state law, the disposition of the case may be made
255under s. 985.233 and may include the enforcement of any
256restitution ordered in any juvenile proceeding.
257     Section 5.  For the purpose of incorporating the amendment
258to section 985.233, Florida Statutes, in a reference thereto,
259paragraph (k) of subsection (3) of section 985.31, Florida
260Statutes, is reenacted to read:
261     985.31  Serious or habitual juvenile offender.--
262     (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
263TREATMENT.--
264     (k)  Any commitment of a child to the department for
265placement in a serious or habitual juvenile offender program or
266facility shall be for an indeterminate period of time, but the
267time shall not exceed the maximum term of imprisonment which an
268adult may serve for the same offense. Notwithstanding the
269provisions of ss. 743.07 and 985.231(1)(d), a serious or
270habitual juvenile offender shall not be held under commitment
271from a court pursuant to this section, s. 985.231, or s. 985.233
272after becoming 21 years of age. This provision shall apply only
273for the purpose of completing the serious or habitual juvenile
274offender program pursuant to this chapter and shall be used
275solely for the purpose of treatment.
276     Section 6.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.