Senate Bill sb1738
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Florida Senate - 2005 SB 1738
By Senator Wise
5-1259-05
1 A bill to be entitled
2 An act relating to juvenile detention; amending
3 s. 985.03, F.S.; redefining the term "home
4 detention" to mean detention that requires a
5 parent, guardian, or custodian to supervise a
6 child who is placed on home detention; deleting
7 provisions making the Department of Juvenile
8 Justice responsible for supervising a child who
9 is placed on home detention; amending ss.
10 985.215 and 985.231, F.S.; providing that a
11 child may be placed on home detention with or
12 without electronic monitoring; amending s.
13 985.2311, F.S.; clarifying that the parent must
14 pay the fees for the cost of care for a child
15 placed on home detention; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (c) of subsection (18) of section
21 985.03, Florida Statutes, is amended to read:
22 985.03 Definitions.--When used in this chapter, the
23 term:
24 (18) "Detention care" means the temporary care of a
25 child in secure, nonsecure, or home detention, pending a court
26 adjudication or disposition or execution of a court order.
27 There are three types of detention care, as follows:
28 (c) "Home detention" means a temporary status when the
29 child has been released to his or her parent, guardian, or
30 custodian before a dispositional hearing or while the child is
31 awaiting placement after a dispositional hearing. During the
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1 time the child is on home detention status, the child shall
2 live in the community under the supervision of the parent,
3 guardian, or custodian. The parent, guardian, or custodian
4 shall notify the court whenever the child violates any
5 provision of the home detention order custody of the child
6 while the child is released to the custody of the parent,
7 guardian, or custodian in a physically nonrestrictive
8 environment under the supervision of the Department of
9 Juvenile Justice staff pending adjudication, disposition, or
10 placement.
11 Section 2. Subsection (2) and paragraph (b) of
12 subsection (10) of section 985.215, Florida Statutes, are
13 amended to read:
14 985.215 Detention.--
15 (2) Subject to the provisions of subsection (1), a
16 child taken into custody and placed into nonsecure or home
17 detention care or detained in secure detention care before
18 prior to a detention hearing may continue to be detained by
19 the court if:
20 (a) The child is alleged to be an escapee or an
21 absconder from a commitment program, a probation program, or
22 conditional release supervision, or is alleged to have escaped
23 while being lawfully transported to or from the such program
24 or supervision.
25 (b) The child is wanted in another jurisdiction for an
26 offense which, if committed by an adult, would be a felony.
27 (c) The child is charged with a delinquent act or
28 violation of law and requests in writing through legal counsel
29 to be detained for protection from an imminent physical threat
30 to his or her personal safety.
31
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1 (d) The child is charged with committing an offense of
2 domestic violence as defined in s. 741.28 and is detained as
3 provided in s. 985.213(2)(b)3.
4 (e) The child is charged with possession or
5 discharging a firearm on school property in violation of s.
6 790.115.
7 (f) The child is charged with a capital felony, a life
8 felony, a felony of the first degree, a felony of the second
9 degree that does not involve a violation of chapter 893, or a
10 felony of the third degree that is also a crime of violence,
11 including any such offense involving the use or possession of
12 a firearm.
13 (g) The child is charged with any second degree or
14 third degree felony involving a violation of chapter 893 or
15 any third degree felony that is not also a crime of violence,
16 and the child:
17 1. Has a record of failure to appear at court hearings
18 after being properly notified in accordance with the Rules of
19 Juvenile Procedure;
20 2. Has a record of law violations before prior to
21 court hearings;
22 3. Has already been detained or has been released and
23 is awaiting final disposition of the case;
24 4. Has a record of violent conduct resulting in
25 physical injury to others; or
26 5. Is found to have been in possession of a firearm.
27 (h) The child is alleged to have violated the
28 conditions of the child's probation or conditional release
29 supervision. However, a child detained under this paragraph
30 may be held only in a consequence unit as provided in s.
31 985.231(1)(a)1.c. If a consequence unit is not available, the
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1 child shall be placed on home detention with or without
2 electronic monitoring.
3 (i) The child is detained on a judicial order for
4 failure to appear and has previously willfully failed to
5 appear, after proper notice, for an adjudicatory hearing on
6 the same case regardless of the results of the risk assessment
7 instrument. A child may be held in secure detention for up to
8 72 hours in advance of the next scheduled court hearing under
9 pursuant to this paragraph. The child's failure to keep the
10 clerk of court and defense counsel informed of a current and
11 valid mailing address where the child will receive notice to
12 appear at court proceedings does not provide an adequate
13 ground for excusal of the child's nonappearance at the
14 hearings.
15 (j) The child is detained on a judicial order for
16 failure to appear and has previously willfully failed to
17 appear, after proper notice, at two or more court hearings of
18 any nature on the same case regardless of the results of the
19 risk assessment instrument. A child may be held in secure
20 detention for up to 72 hours in advance of the next scheduled
21 court hearing under pursuant to this paragraph. The child's
22 failure to keep the clerk of court and defense counsel
23 informed of a current and valid mailing address where the
24 child will receive notice to appear at court proceedings does
25 not provide an adequate ground for excusal of the child's
26 nonappearance at the hearings.
27
28 A child who meets any of these criteria and who is ordered to
29 be detained under pursuant to this subsection shall be given a
30 hearing within 24 hours after being taken into custody. The
31 purpose of the detention hearing is to determine the existence
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1 of probable cause that the child has committed the delinquent
2 act or violation of law with which he or she is charged and
3 the need for continued detention. Unless a child is detained
4 under paragraph (d) or paragraph (e), the court shall utilize
5 the results of the risk assessment performed by the juvenile
6 probation officer and, based on the criteria in this
7 subsection, shall determine the need for continued detention.
8 A child placed into secure, nonsecure, or home detention care
9 may continue to be so detained by the court under pursuant to
10 this subsection. If the court orders a placement more
11 restrictive than indicated by the results of the risk
12 assessment instrument, the court shall state, in writing,
13 clear and convincing reasons for the such placement. Except as
14 provided in s. 790.22(8) or in subparagraph (10)(a)2.,
15 paragraph (10)(b), paragraph (10)(c), or paragraph (10)(d),
16 when a child is placed into secure or nonsecure detention
17 care, or into a respite home or other placement under pursuant
18 to a court order following a hearing, the court order must
19 include specific instructions that direct the release of the
20 child from the such placement no later than 5 p.m. on the last
21 day of the detention period specified in paragraph (5)(b) or
22 paragraph (5)(c), or subparagraph (10)(a)1., whichever is
23 applicable, unless the requirements of the such applicable
24 provision have been met or an order of continuance has been
25 granted under pursuant to paragraph (5)(f).
26 (10)
27 (b) A child who is placed in home detention care,
28 nonsecure detention care, or home or nonsecure detention care
29 with or without electronic monitoring, while awaiting
30 placement in a low-risk or moderate-risk program, may be held
31 in secure detention care for 5 days, if the child violates the
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1 conditions of the home detention care, the nonsecure detention
2 care, or the electronic monitoring agreement. For any
3 subsequent violation, the court may impose an additional 5
4 days in secure detention care.
5 Section 3. Paragraph (a) of subsection (1) of section
6 985.231, Florida Statutes, is amended to read:
7 985.231 Powers of disposition in delinquency cases.--
8 (1)(a) The court that has jurisdiction of an
9 adjudicated delinquent child may, by an order stating the
10 facts upon which a determination of a sanction and
11 rehabilitative program was made at the disposition hearing:
12 1. Place the child in a probation program or a
13 postcommitment probation program under the supervision of an
14 authorized agent of the Department of Juvenile Justice or of
15 any other person or agency specifically authorized and
16 appointed by the court, whether in the child's own home, in
17 the home of a relative of the child, or in some other suitable
18 place under such reasonable conditions as the court may
19 direct. A probation program for an adjudicated delinquent
20 child must include a penalty component such as restitution in
21 money or in kind, community service, a curfew, revocation or
22 suspension of the driver's license of the child, or other
23 nonresidential punishment appropriate to the offense and must
24 also include a rehabilitative program component such as a
25 requirement of participation in substance abuse treatment or
26 in school or other educational program. If the child is
27 attending or is eligible to attend public school and the court
28 finds that the victim or a sibling of the victim in the case
29 is attending or may attend the same school as the child, the
30 court placement order shall include a finding under pursuant
31 to the proceedings described in s. 985.23(1)(d). Upon the
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1 recommendation of the department at the time of disposition,
2 or subsequent to disposition pursuant to the filing of a
3 petition alleging a violation of the child's conditions of
4 postcommitment probation, the court may order the child to
5 submit to random testing for the purpose of detecting and
6 monitoring the use of alcohol or controlled substances.
7 a. A restrictiveness level classification scale for
8 levels of supervision shall be provided by the department,
9 taking into account the child's needs and risks relative to
10 probation supervision requirements to reasonably ensure the
11 public safety. Probation programs for children shall be
12 supervised by the department or by any other person or agency
13 specifically authorized by the court. These programs must
14 include, but are not limited to, structured or restricted
15 activities as described in this subparagraph, and shall be
16 designed to encourage the child toward acceptable and
17 functional social behavior. If supervision or a program of
18 community service is ordered by the court, the duration of the
19 such supervision or program must be consistent with any
20 treatment and rehabilitation needs identified for the child
21 and may not exceed the term for which sentence could be
22 imposed if the child were committed for the offense, except
23 that the duration of the such supervision or program for an
24 offense that is a misdemeanor of the second degree, or is
25 equivalent to a misdemeanor of the second degree, may be for a
26 period not to exceed 6 months. When restitution is ordered by
27 the court, the amount of restitution may not exceed an amount
28 the child and the parent or guardian could reasonably be
29 expected to pay or make. A child who participates in any work
30 program under this part is considered an employee of the state
31 for purposes of liability, unless otherwise provided by law.
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1 b. The court may conduct judicial review hearings for
2 a child placed on probation for the purpose of fostering
3 accountability to the judge and compliance with other
4 requirements, such as restitution and community service. The
5 court may allow early termination of probation for a child who
6 has substantially complied with the terms and conditions of
7 probation.
8 c. If the conditions of the probation program or the
9 postcommitment probation program are violated, the department
10 or the state attorney may bring the child before the court on
11 a petition alleging a violation of the program. Any child who
12 violates the conditions of probation or postcommitment
13 probation must be brought before the court if sanctions are
14 sought. A child taken into custody under s. 985.207 for
15 violating the conditions of probation or postcommitment
16 probation shall be held in a consequence unit if such a unit
17 is available. The child shall be afforded a hearing within 24
18 hours after being taken into custody to determine the
19 existence of probable cause that the child violated the
20 conditions of probation or postcommitment probation. A
21 consequence unit is a secure facility specifically designated
22 by the department for children who are taken into custody
23 under s. 985.207 for violating probation or postcommitment
24 probation, or who have been found by the court to have
25 violated the conditions of probation or postcommitment
26 probation. If the violation involves a new charge of
27 delinquency, the child may be detained under s. 985.215 in a
28 facility other than a consequence unit. If the child is not
29 eligible for detention for the new charge of delinquency, the
30 child may be held in the consequence unit pending a hearing
31 and is subject to the time limitations specified in s.
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1 985.215. If the child denies violating the conditions of
2 probation or postcommitment probation, the court shall appoint
3 counsel to represent the child at the child's request. Upon
4 the child's admission, or if the court finds after a hearing
5 that the child has violated the conditions of probation or
6 postcommitment probation, the court shall enter an order
7 revoking, modifying, or continuing probation or postcommitment
8 probation. In each such case, the court shall enter a new
9 disposition order and, in addition to the sanctions set forth
10 in this paragraph, may impose any sanction the court could
11 have imposed at the original disposition hearing. If the child
12 is found to have violated the conditions of probation or
13 postcommitment probation, the court may:
14 (I) Place the child in a consequence unit in that
15 judicial circuit, if available, for up to 5 days for a first
16 violation, and up to 15 days for a second or subsequent
17 violation.
18 (II) Place the child on home detention with or without
19 electronic monitoring. However, this sanction may be used only
20 if a residential consequence unit is not available.
21 (III) Modify or continue the child's probation program
22 or postcommitment probation program.
23 (IV) Revoke probation or postcommitment probation and
24 commit the child to the department.
25 d. Notwithstanding s. 743.07 and paragraph (d), and
26 except as provided in s. 985.31, the term of any order placing
27 a child in a probation program must be until the child's 19th
28 birthday unless he or she is released by the court, on the
29 motion of an interested party or on its own motion.
30 2. Commit the child to a licensed child-caring agency
31 willing to receive the child, but the court may not commit the
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1 child to a jail or to a facility used primarily as a detention
2 center or facility or shelter.
3 3. Commit the child to the Department of Juvenile
4 Justice at a residential commitment level defined in s.
5 985.03. The Such commitment must be for the purpose of
6 exercising active control over the child, including, but not
7 limited to, custody, care, training, urine monitoring, and
8 treatment of the child and release of the child into the
9 community in a postcommitment nonresidential conditional
10 release program. If the child is eligible to attend public
11 school following residential commitment and the court finds
12 that the victim or a sibling of the victim in the case is or
13 may be attending the same school as the child, the commitment
14 order shall include a finding under pursuant to the
15 proceedings described in s. 985.23(1)(d). If the child is not
16 successful in the conditional release program, the department
17 may use the transfer procedure under s. 985.404.
18 Notwithstanding s. 743.07 and paragraph (d), and except as
19 provided in s. 985.31, the term of the commitment must be
20 until the child is discharged by the department or until he or
21 she reaches the age of 21.
22 4. Revoke or suspend the driver's license of the
23 child.
24 5. Require the child and, if the court finds it
25 appropriate, the child's parent or guardian together with the
26 child, to render community service in a public service
27 program.
28 6. As part of the probation program to be implemented
29 by the Department of Juvenile Justice, or, in the case of a
30 committed child, as part of the community-based sanctions
31 ordered by the court at the disposition hearing or before the
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1 child's release from commitment, order the child to make
2 restitution in money, through a promissory note cosigned by
3 the child's parent or guardian, or in kind for any damage or
4 loss caused by the child's offense in a reasonable amount or
5 manner to be determined by the court. The clerk of the circuit
6 court shall be the receiving and dispensing agent. In such
7 case, the court shall order the child or the child's parent or
8 guardian to pay to the office of the clerk of the circuit
9 court an amount not to exceed the actual cost incurred by the
10 clerk as a result of receiving and dispensing restitution
11 payments. The clerk shall notify the court if restitution is
12 not made, and the court shall take any further action that is
13 necessary against the child or the child's parent or guardian.
14 A finding by the court, after a hearing, that the parent or
15 guardian has made diligent and good faith efforts to prevent
16 the child from engaging in delinquent acts absolves the parent
17 or guardian of liability for restitution under this
18 subparagraph.
19 7. Order the child and, if the court finds it
20 appropriate, the child's parent or guardian together with the
21 child, to participate in a community work project, either as
22 an alternative to monetary restitution or as part of the
23 rehabilitative or probation program.
24 8. Commit the child to the Department of Juvenile
25 Justice for placement in a program or facility for serious or
26 habitual juvenile offenders in accordance with s. 985.31. Any
27 commitment of a child to a program or facility for serious or
28 habitual juvenile offenders must be for an indeterminate
29 period of time, but the time may not exceed the maximum term
30 of imprisonment that an adult may serve for the same offense.
31 The court may retain jurisdiction over the such child until
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1 the child reaches the age of 21, specifically for the purpose
2 of the child completing the program.
3 9. In addition to the sanctions imposed on the child,
4 order the parent or guardian of the child to perform community
5 service if the court finds that the parent or guardian did not
6 make a diligent and good faith effort to prevent the child
7 from engaging in delinquent acts. The court may also order the
8 parent or guardian to make restitution in money or in kind for
9 any damage or loss caused by the child's offense. The court
10 shall determine a reasonable amount or manner of restitution,
11 and payment shall be made to the clerk of the circuit court as
12 provided in subparagraph 6.
13 10. Subject to specific appropriation, commit the
14 juvenile sexual offender to the Department of Juvenile Justice
15 for placement in a program or facility for juvenile sexual
16 offenders in accordance with s. 985.308. Any commitment of a
17 juvenile sexual offender to a program or facility for juvenile
18 sexual offenders must be for an indeterminate period of time,
19 but the time may not exceed the maximum term of imprisonment
20 that an adult may serve for the same offense. The court may
21 retain jurisdiction over a juvenile sexual offender until the
22 juvenile sexual offender reaches the age of 21, specifically
23 for the purpose of completing the program.
24 Section 4. Paragraph (a) of subsection (1) of section
25 985.2311, Florida Statutes, is amended to read:
26 985.2311 Cost of supervision; cost of care.--
27 (1) Except as provided in subsection (3) or subsection
28 (4):
29 (a) When any child is placed into postdisposition home
30 detention, probation, or other supervision status with the
31 Department of Juvenile Justice, the court shall order the
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1 parent of the such child to pay to the department a fee for
2 the cost of the supervision of such child in the amount of $1
3 per day for each day that the child is in supervision status.
4 Section 5. This act shall take effect October 1, 2005.
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7 SENATE SUMMARY
8 Redefines the term "home detention" to require a parent,
guardian, or custodian to supervise a child on home
9 detention. Deletes the responsibility of the Department
of Juvenile Justice for the supervision of a child on
10 home detention. Provides that a child may be placed on
home detention with or without electronic monitoring.
11 Clarifies that a parent must pay the cost-of-care fees
for a child placed on home detention.
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