| 1 | A bill to be entitled |
| 2 | An act relating to sentencing juveniles; amending s. |
| 3 | 985.233, F.S.; providing that juveniles may be sentenced |
| 4 | to juvenile sanctions or to a combination of juvenile and |
| 5 | adult sanctions; directing the Department of Juvenile |
| 6 | Justice to give the sentencing court a written report if |
| 7 | it determines a juvenile sanction to be inappropriate for |
| 8 | a child; providing a procedure for those instances when |
| 9 | the Department of Juvenile Justice proposes to discharge |
| 10 | the child from a juvenile probation, juvenile commitment, |
| 11 | or juvenile postcommitment probation program before he or |
| 12 | she becomes 21 years of age; providing additional |
| 13 | procedures in circumstances where placement in a juvenile |
| 14 | commitment program is a condition of sentence to a |
| 15 | Department of Corrections adult probation program; |
| 16 | requiring the Department of Juvenile Justice to notify the |
| 17 | sentencing court of its intent to discharge the child no |
| 18 | later than 30 days before discharge; directing the |
| 19 | department to file such notice in writing with the clerk |
| 20 | of the court; directing the department to give a copy of |
| 21 | the notice to specified persons; providing that a proposed |
| 22 | discharge will be construed as approved if the sentencing |
| 23 | court or state attorney fails to object to the discharge; |
| 24 | directing the sentencing court to consider the educational |
| 25 | needs of the child; requiring the court to prepare |
| 26 | findings as to the child's educational needs; authorizing |
| 27 | the court to order that certain specified educational |
| 28 | goals be met; reenacting ss. 985.225(3) and (4)(a), |
| 29 | 985.226 (1) and (4)(a), 985.227(2)(d) and (3)(a) and (c), |
| 30 | and 985.31(3)(k), F.S., relating to sentencing of |
| 31 | juveniles pursuant to indictment, sentencing of juveniles |
| 32 | pursuant to waiver of jurisdiction, sentencing of |
| 33 | juveniles pursuant to direct file proceedings, and the |
| 34 | commitment of certain juvenile offenders, respectively, |
| 35 | for the purpose of incorporating the amendment to s. |
| 36 | 985.233, F.S., in references thereto; providing an |
| 37 | effective date. |
| 38 |
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| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
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| 41 | Section 1. Paragraph (b) of subsection (4) of section |
| 42 | 985.233, Florida Statutes, is amended to read: |
| 43 | 985.233 Sentencing powers; procedures; alternatives for |
| 44 | juveniles prosecuted as adults.-- |
| 45 | (4) SENTENCING ALTERNATIVES.-- |
| 46 | (b) Sentencing to juvenile sanctions.--For juveniles |
| 47 | transferred to adult court but who do not qualify for such |
| 48 | transfer under pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) |
| 49 | or (b), the court may impose juvenile sanctions under this |
| 50 | paragraph. If juvenile sentences are imposed, the court shall, |
| 51 | under pursuant to this paragraph, adjudge the child to have |
| 52 | committed a delinquent act. Adjudication of delinquency shall |
| 53 | not be deemed a conviction, nor shall it operate to impose any |
| 54 | of the civil disabilities ordinarily resulting from a |
| 55 | conviction. The court shall impose an adult sanction or a |
| 56 | juvenile sanction or and may not sentence the child to a |
| 57 | combination of adult and juvenile sanctions punishments. An |
| 58 | adult sanction or A juvenile sanction, or a combination of adult |
| 59 | and juvenile sanctions, may include enforcement of an order of |
| 60 | restitution or probation previously ordered in any juvenile |
| 61 | proceeding. However, if the court imposes a juvenile sanction |
| 62 | and the department determines that the sanction is inappropriate |
| 63 | unsuitable for the child, the department shall provide the |
| 64 | sentencing court with a written report outlining the basis for |
| 65 | its objections to the juvenile sanction and shall simultaneously |
| 66 | provide a copy to the state attorney and the child's defense |
| 67 | counsel. The department shall return custody of the child to the |
| 68 | sentencing court for further proceedings, including the |
| 69 | imposition of alternative juvenile sanctions, a combination of |
| 70 | adult 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 |
| 74 | supervision of the department for an indeterminate period of |
| 75 | time until the child reaches the age of 21 19 years or sooner if |
| 76 | discharged by the department order of the court. If, at any time |
| 77 | before the child becomes 21 years of age, the department |
| 78 | proposes to discharge the child from a probation program, the |
| 79 | department shall notify the sentencing court of its intent to |
| 80 | discharge the child no later than 30 days before discharge. The |
| 81 | department shall file a written notice of its proposal with the |
| 82 | clerk of the court and give a copy of the written notice to the |
| 83 | sentencing judge, the state attorney, and the child's defense |
| 84 | counsel at the time it files the notice with the clerk of the |
| 85 | court. Failure of the sentencing court or the state attorney to |
| 86 | object to the department's notice of discharge within the 30-day |
| 87 | time period shall be construed as approval of the proposed |
| 88 | discharge. If there is no objection, the clerk of the court |
| 89 | shall note on the court file that the case is closed. |
| 90 | b.2. Commit the child to the department for treatment in |
| 91 | an appropriate program for children for an indeterminate period |
| 92 | of time until the child reaches the age of is 21 or sooner if |
| 93 | discharged by the department. If, at any time before the child |
| 94 | becomes 21 years of age, the department proposes to discharge |
| 95 | the child from a commitment or postcommitment probation program, |
| 96 | the department shall notify the sentencing court of its intent |
| 97 | to discharge the child no later than 30 14 days before prior to |
| 98 | discharge. The department shall file a written notice of its |
| 99 | proposal with the clerk of the court and give a copy of the |
| 100 | written notice to the sentencing judge, the state attorney, and |
| 101 | the child's defense counsel at the time it files the notice with |
| 102 | the clerk of the court. Failure of the sentencing court or the |
| 103 | state attorney to object within the 30-day time limit timely |
| 104 | respond to the department's notice shall be considered approval |
| 105 | for discharge. If there is no objection, the clerk of the court |
| 106 | shall close the case. |
| 107 | c. Place the child on probation under the supervision of |
| 108 | the Department of Corrections and commit the child to the |
| 109 | department for treatment in an appropriate program for children |
| 110 | for an indeterminate period of time until the child reaches the |
| 111 | age of 21 years or sooner if discharged by the department. If, |
| 112 | at any time before the child becomes 21 years of age, the |
| 113 | department proposes to discharge the child from the commitment |
| 114 | program, the department shall notify the sentencing court of its |
| 115 | intent to discharge the child no later than 30 days before |
| 116 | discharge. The department shall file a written notice of its |
| 117 | proposal with the clerk of the court and give a copy of the |
| 118 | written notice to the sentencing judge, the state attorney, and |
| 119 | the child's defense counsel at the time it files the notice with |
| 120 | the clerk of the court. Failure of the sentencing court or the |
| 121 | state attorney to object to the department's notice of discharge |
| 122 | within the 30-day time period shall be construed as approval of |
| 123 | the proposed discharge. However, the department may not |
| 124 | discharge the child until the Department of Corrections meets |
| 125 | with the child to explain the terms of probation. |
| 126 | d.3. Order disposition pursuant to s. 985.231 as an |
| 127 | alternative to youthful offender or adult sentencing if the |
| 128 | court determines not to impose youthful offender or adult |
| 129 | sanctions. |
| 130 | 2. Upon sentencing a child to juvenile sanctions or a |
| 131 | combination of juvenile and adult sanctions under subparagraph |
| 132 | 1., the court shall consider the educational needs assessment |
| 133 | conducted under s. 985.224(1) and (2) and make a finding of the |
| 134 | child's educational status. The court's finding shall include, |
| 135 | but is not limited to, the child's academic strengths and |
| 136 | abilities and the child's unmet or special education needs. The |
| 137 | court may order, as a condition of probation or commitment, that |
| 138 | the child must attain an appropriate educational goal. The |
| 139 | appropriate educational goals may include, but are not limited |
| 140 | to: |
| 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 |
| 145 | the child is enrolled in school. |
| 146 | e. Enrollment in an apprenticeship or similar program. |
| 147 |
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| 148 | It is the intent of the Legislature that the criteria and |
| 149 | guidelines in this subsection are mandatory and that a |
| 150 | determination of disposition under this subsection is subject to |
| 151 | the right of the child to appellate review under s. 985.234. |
| 152 | Section 2. For the purpose of incorporating the amendment |
| 153 | to section 985.233, Florida Statutes, in references thereto, |
| 154 | subsection (3) and paragraph (a) of subsection (4) of section |
| 155 | 985.225, 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 |
| 158 | punishable by death or by life imprisonment, the child shall be |
| 159 | sentenced as an adult. If the juvenile is not found to have |
| 160 | committed the indictable offense but is found to have committed |
| 161 | a lesser included offense or any other offense for which he or |
| 162 | she was indicted as a part of the criminal episode, the court |
| 163 | may sentence pursuant to s. 985.233. |
| 164 | (4)(a) Once a child has been indicted pursuant to this |
| 165 | subsection and has been found to have committed any offense for |
| 166 | which he or she was indicted as a part of the criminal episode, |
| 167 | the child shall be handled thereafter in every respect as if an |
| 168 | adult for any subsequent violation of state law, unless the |
| 169 | court imposes juvenile sanctions under s. 985.233. |
| 170 | Section 3. For the purpose of incorporating the amendment |
| 171 | to section 985.233, Florida Statutes, in references thereto, |
| 172 | subsection (1) and paragraph (a) of subsection (4) of section |
| 173 | 985.226, Florida Statutes, are reenacted to read: |
| 174 | 985.226 Criteria for waiver of juvenile court |
| 175 | jurisdiction; hearing on motion to transfer for prosecution as |
| 176 | an adult.-- |
| 177 | (1) VOLUNTARY WAIVER.--The court shall transfer and |
| 178 | certify a child's criminal case for trial as an adult if the |
| 179 | child is alleged to have committed a violation of law and, prior |
| 180 | to the commencement of an adjudicatory hearing, the child, |
| 181 | joined by a parent or, in the absence of a parent, by the |
| 182 | guardian or guardian ad litem, demands in writing to be tried as |
| 183 | an adult. Once a child has been transferred for criminal |
| 184 | prosecution pursuant to a voluntary waiver hearing and has been |
| 185 | found to have committed the presenting offense or a lesser |
| 186 | included offense, the child shall be handled thereafter in every |
| 187 | respect as an adult for any subsequent violation of state law, |
| 188 | unless the court imposes juvenile sanctions under s. |
| 189 | 985.233(4)(b). |
| 190 | (4) EFFECT OF ORDER WAIVING JURISDICTION.-- |
| 191 | (a) Once a child has been transferred for criminal |
| 192 | prosecution pursuant to an involuntary waiver hearing and has |
| 193 | been found to have committed the presenting offense or a lesser |
| 194 | included offense, the child shall thereafter be handled in every |
| 195 | respect as an adult for any subsequent violation of state law, |
| 196 | unless the court imposes juvenile sanctions under s. 985.233. |
| 197 | Section 4. For the purpose of incorporating the amendment |
| 198 | to section 985.233, Florida Statutes, in references thereto, |
| 199 | paragraph (d) of subsection (2) and paragraphs (a) and (c) of |
| 200 | subsection (3) of section 985.227, Florida Statutes, are |
| 201 | reenacted to read: |
| 202 | 985.227 Prosecution of juveniles as adults by the direct |
| 203 | filing of an information in the criminal division of the circuit |
| 204 | court; discretionary criteria; mandatory criteria.-- |
| 205 | (2) MANDATORY DIRECT FILE.-- |
| 206 | (d)1. With respect to any child who was 16 or 17 years of |
| 207 | age at the time the alleged offense was committed, the state |
| 208 | attorney shall file an information if the child has been charged |
| 209 | with committing or attempting to commit an offense listed in s. |
| 210 | 775.087(2)(a)1.a.-q., and, during the commission of or attempt |
| 211 | to commit the offense, the child: |
| 212 | a. Actually possessed a firearm or destructive device, as |
| 213 | those terms are defined in s. 790.001. |
| 214 | b. Discharged a firearm or destructive device, as |
| 215 | described in s. 775.087(2)(a)2. |
| 216 | c. Discharged a firearm or destructive device, as |
| 217 | described in s. 775.087(2)(a)3., and, as a result of the |
| 218 | discharge, death or great bodily harm was inflicted upon any |
| 219 | person. |
| 220 | 2. Upon transfer, any child who is: |
| 221 | a. Charged pursuant to sub-subparagraph 1.a. and who has |
| 222 | been previously adjudicated or had adjudication withheld for a |
| 223 | forcible felony offense or any offense involving a firearm, or |
| 224 | who has been previously placed in a residential commitment |
| 225 | program, shall be subject to sentencing under s. 775.087(2)(a), |
| 226 | notwithstanding s. 985.233. |
| 227 | b. Charged pursuant to sub-subparagraph 1.b. or sub- |
| 228 | subparagraph 1.c., shall be subject to sentencing under s. |
| 229 | 775.087(2)(a), notwithstanding s. 985.233. |
| 230 | 3. Upon transfer, any child who is charged pursuant to |
| 231 | this paragraph, but who does not meet the requirements specified |
| 232 | in subparagraph 2., shall be sentenced pursuant to s. 985.233; |
| 233 | however, if the court imposes a juvenile sanction, the court |
| 234 | must commit the child to a high-risk or maximum-risk juvenile |
| 235 | facility. |
| 236 | 4. This paragraph shall not apply if the state attorney |
| 237 | has good cause to believe that exceptional circumstances exist |
| 238 | which preclude the just prosecution of the child in adult court. |
| 239 | 5. The Department of Corrections shall make every |
| 240 | reasonable effort to ensure that any child 16 or 17 years of age |
| 241 | who is convicted and sentenced under this paragraph be |
| 242 | completely separated such that there is no physical contact with |
| 243 | adult offenders in the facility, to the extent that it is |
| 244 | consistent with chapter 958. |
| 245 | (3) EFFECT OF DIRECT FILE.-- |
| 246 | (a) Once a child has been transferred for criminal |
| 247 | prosecution pursuant to an information and has been found to |
| 248 | have committed the presenting offense or a lesser included |
| 249 | offense, the child shall be handled thereafter in every respect |
| 250 | as if an adult for any subsequent violation of state law, unless |
| 251 | the court imposes juvenile sanctions under s. 985.233. |
| 252 | (c) When a child has been transferred for criminal |
| 253 | prosecution as an adult and has been found to have committed a |
| 254 | violation of state law, the disposition of the case may be made |
| 255 | under s. 985.233 and may include the enforcement of any |
| 256 | restitution ordered in any juvenile proceeding. |
| 257 | Section 5. For the purpose of incorporating the amendment |
| 258 | to section 985.233, Florida Statutes, in a reference thereto, |
| 259 | paragraph (k) of subsection (3) of section 985.31, Florida |
| 260 | Statutes, is reenacted to read: |
| 261 | 985.31 Serious or habitual juvenile offender.-- |
| 262 | (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND |
| 263 | TREATMENT.-- |
| 264 | (k) Any commitment of a child to the department for |
| 265 | placement in a serious or habitual juvenile offender program or |
| 266 | facility shall be for an indeterminate period of time, but the |
| 267 | time shall not exceed the maximum term of imprisonment which an |
| 268 | adult may serve for the same offense. Notwithstanding the |
| 269 | provisions of ss. 743.07 and 985.231(1)(d), a serious or |
| 270 | habitual juvenile offender shall not be held under commitment |
| 271 | from a court pursuant to this section, s. 985.231, or s. 985.233 |
| 272 | after becoming 21 years of age. This provision shall apply only |
| 273 | for the purpose of completing the serious or habitual juvenile |
| 274 | offender program pursuant to this chapter and shall be used |
| 275 | solely for the purpose of treatment. |
| 276 | Section 6. This act shall take effect July 1, 2004. |