| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; creating s. 985.031, |
| 3 | F.S.; authorizing the court to set reasonable conditions |
| 4 | of preadjudicatory release for children charged with |
| 5 | specified acts or who have previously been charged with or |
| 6 | committed delinquent acts; providing examples of such |
| 7 | conditions; amending s. 985.101, F.S.; permitting a child |
| 8 | to be taken into custody for violations of preadjudicatory |
| 9 | release conditions; providing that a child taken into |
| 10 | custody for a violation of preadjudicatory release |
| 11 | conditions must appear before a judge within 24 hours; |
| 12 | amending s. 985.24, F.S.; providing an additional finding |
| 13 | to support the use of secure, nonsecure, or home detention |
| 14 | care; amending s. 985.245, F.S.; providing that placement |
| 15 | in detention care under a specified provision does not |
| 16 | require a risk assessment; amending s. 985.25, F.S.; |
| 17 | providing additional grounds for placement of a child in |
| 18 | secure detention care; amending s. 985.255, F.S.; |
| 19 | providing for continuing home or nonsecure or home |
| 20 | detention care or secure detention care prior to a |
| 21 | detention hearing in certain circumstances; amending s. |
| 22 | 985.26, F.S.; requiring that children who have been |
| 23 | released comply with preadjudicatory release conditions; |
| 24 | providing that certain time limits do not apply to secure |
| 25 | detention under specified provisions; amending s. 985.265, |
| 26 | F.S.; specifying some changed circumstances that permit |
| 27 | the Department of Juvenile Justice to transfer a child |
| 28 | from nonsecure or home detention care to secure detention |
| 29 | care; amending s. 985.27, F.S.; specifying circumstances |
| 30 | under which a child who is awaiting placement in a low- |
| 31 | risk or minimum-risk residential program may be held in |
| 32 | secure detention care; providing time limits on such |
| 33 | detention care; providing for secure detention care for |
| 34 | absconders from specified types of care; revising |
| 35 | provisions for detention care of a child awaiting |
| 36 | placement in a moderate-risk residential program; |
| 37 | providing for secure detention care in specified |
| 38 | circumstances; creating s. 985.28, F.S.; providing for |
| 39 | secure detention of a child in specified circumstances; |
| 40 | permitting a parent or legal guardian of a child to be |
| 41 | held in contempt of court if he or she knowingly and |
| 42 | willfully fails to bring or otherwise prevents the child |
| 43 | from appearing for trial; amending s. 985.35, F.S.; |
| 44 | conforming a cross-reference to changes made by the act; |
| 45 | amending s. 985.43, F.S.; conforming a cross-reference to |
| 46 | changes made by the act; providing a legislative |
| 47 | declaration concerning the determination whether to commit |
| 48 | a juvenile to the department and the most appropriate |
| 49 | placement level if the juvenile is committed; amending s. |
| 50 | 985.433, F.S.; revising provisions relating to |
| 51 | recommendations by probation officers to the court |
| 52 | concerning placement and any proposed treatment plan of |
| 53 | juveniles; specifying that the court has the power to |
| 54 | determine appropriate dispositions; requiring that reasons |
| 55 | for a disposition be stated for the record; amending s. |
| 56 | 985.439, F.S.; permitting a child to be detained in a |
| 57 | facility other than a consequence unit if one is not |
| 58 | available for a violation of probation or postcommitment |
| 59 | probation under specified provisions; creating s. 938.20, |
| 60 | F.S.; permitting each county to create a juvenile crime |
| 61 | prevention fund; providing for an additional court cost; |
| 62 | providing that no juvenile shall be assessed the |
| 63 | additional court cost if the juvenile and the juvenile's |
| 64 | parents or other legal guardian are found to be indigent; |
| 65 | providing for administration and use of funds; amending s. |
| 66 | 790.22, F.S.; conforming a cross-reference; providing that |
| 67 | the act fulfills an important state interest; providing |
| 68 | legislative intent; providing an effective date. |
| 69 |
|
| 70 | Be It Enacted by the Legislature of the State of Florida: |
| 71 |
|
| 72 | Section 1. Section 985.031, Florida Statutes, is created |
| 73 | to read: |
| 74 | 985.031 Preadjudicatory release; circuit court |
| 75 | authority.--The circuit court shall have the authority to set |
| 76 | reasonable conditions of preadjudicatory release for a child |
| 77 | charged with the commission of a delinquent act which |
| 78 | constitutes a felony or when the child has previously been |
| 79 | charged with or found to have committed, regardless of |
| 80 | adjudication, a delinquent act. The child shall comply with all |
| 81 | such preadjudicatory release conditions prior to an adjudicatory |
| 82 | hearing. Reasonable conditions of preadjudicatory release may |
| 83 | include, but are not limited to, the following: |
| 84 | (1) The child shall not engage in a violation of law. |
| 85 | (2) The child shall not possess or carry any weapon. |
| 86 | (3) The child shall not possess or use any alcoholic |
| 87 | beverage or illegal drug or associate with those who are |
| 88 | currently possessing or using any alcoholic beverage or illegal |
| 89 | drug. |
| 90 | (4) The child shall obey all reasonable household rules. |
| 91 | (5) The child shall attend school regularly, including all |
| 92 | classes. |
| 93 | (6) The child shall abide by the curfew set by his or her |
| 94 | parents or guardians, or as set by the court. |
| 95 | (7) The child shall have no contact with any codefendants, |
| 96 | an alleged victim, or the family of any alleged victim. |
| 97 | (8) The child shall not return to the scene of the alleged |
| 98 | crime, unless approved by the court. |
| 99 | Section 2. Paragraph (d) of subsection (1) of section |
| 100 | 985.101, Florida Statutes, is amended, and subsection (5) is |
| 101 | added to that section, to read: |
| 102 | 985.101 Taking a child into custody; preadjudicatory |
| 103 | release conditions.-- |
| 104 | (1) A child may be taken into custody under the following |
| 105 | circumstances: |
| 106 | (d) By a law enforcement officer who has probable cause to |
| 107 | believe that the child is in violation of the conditions of the |
| 108 | child's preadjudicatory release, conditions of the child's |
| 109 | probation, home detention, postcommitment probation, or |
| 110 | conditional release supervision; has absconded from |
| 111 | nonresidential commitment; or has escaped from residential |
| 112 | commitment. |
| 113 |
|
| 114 | Nothing in this subsection shall be construed to allow the |
| 115 | detention of a child who does not meet the detention criteria in |
| 116 | part V. |
| 117 | (5) If a child is taken into custody under paragraph |
| 118 | (1)(d) for a violation of the conditions of preadjudicatory |
| 119 | release, the child must appear before a judge within 24 hours. |
| 120 | Section 3. Subsection (1) of section 985.24, Florida |
| 121 | Statutes, is amended to read: |
| 122 | 985.24 Use of detention; prohibitions.-- |
| 123 | (1) All determinations and court orders regarding the use |
| 124 | of secure, nonsecure, or home detention care shall be based |
| 125 | primarily upon findings that the child: |
| 126 | (a) Presents a substantial risk of not appearing at a |
| 127 | subsequent hearing; |
| 128 | (b) Presents a substantial risk of inflicting bodily harm |
| 129 | on others as evidenced by recent behavior; |
| 130 | (c) Presents a history of committing a property offense |
| 131 | prior to adjudication, disposition, or placement; |
| 132 | (d) Has been adjudicated delinquent and committed to the |
| 133 | department in a residential facility, but is on home or |
| 134 | nonsecure detention care while awaiting placement, and: |
| 135 | 1. Absconds from home or nonsecure detention care or |
| 136 | otherwise violates the terms of release; or |
| 137 | 2. There is probable cause to believe that the child has |
| 138 | committed a new violation of law; |
| 139 | (e)(d) Has committed contempt of court by: |
| 140 | 1. Intentionally disrupting the administration of the |
| 141 | court; |
| 142 | 2. Intentionally disobeying a court order; or |
| 143 | 3. Engaging in a punishable act or speech in the court's |
| 144 | presence which shows disrespect for the authority and dignity of |
| 145 | the court; or |
| 146 | (f)(e) Requests protection from imminent bodily harm. |
| 147 | Section 4. Subsection (1) of section 985.245, Florida |
| 148 | Statutes, is amended to read: |
| 149 | 985.245 Risk assessment instrument.-- |
| 150 | (1) All determinations and court orders regarding |
| 151 | placement of a child into detention care shall comply with all |
| 152 | requirements and criteria provided in this part and shall be |
| 153 | based on a risk assessment of the child, unless the child is |
| 154 | placed into detention care as provided in s. 985.255(2) or s. |
| 155 | 985.28. |
| 156 | Section 5. Paragraph (b) of subsection (1) of section |
| 157 | 985.25, Florida Statutes, is amended to read: |
| 158 | 985.25 Detention intake.-- |
| 159 | (1) The juvenile probation officer shall receive custody |
| 160 | of a child who has been taken into custody from the law |
| 161 | enforcement agency and shall review the facts in the law |
| 162 | enforcement report or probable cause affidavit and make such |
| 163 | further inquiry as may be necessary to determine whether |
| 164 | detention care is required. |
| 165 | (b) The juvenile probation officer shall base the decision |
| 166 | whether or not to place the child into secure detention care, |
| 167 | home detention care, or nonsecure detention care on an |
| 168 | assessment of risk in accordance with the risk assessment |
| 169 | instrument and procedures developed by the department under s. |
| 170 | 985.245. However, a child shall be placed in secure detention |
| 171 | care if: |
| 172 | 1. The child is charged with possessing or discharging a |
| 173 | firearm on school property in violation of s. 790.115; |
| 174 | 2. The child is alleged to have absconded from home or |
| 175 | nonsecure detention care or the child otherwise violates the |
| 176 | terms of release after adjudication and commitment to the |
| 177 | department but before placement in a residential facility; or |
| 178 | 3. There is probable cause to believe the child has |
| 179 | committed a new violation of law while on home or nonsecure |
| 180 | detention care after adjudication and commitment but before |
| 181 | placement in a residential facility shall be placed in secure |
| 182 | detention care. |
| 183 |
|
| 184 | Under no circumstances shall the juvenile probation officer or |
| 185 | the state attorney or law enforcement officer authorize the |
| 186 | detention of any child in a jail or other facility intended or |
| 187 | used for the detention of adults, without an order of the court. |
| 188 | Section 6. Subsections (1) and (3) of section 985.255, |
| 189 | Florida Statutes, are amended to read: |
| 190 | 985.255 Detention criteria; detention hearing.-- |
| 191 | (1) Subject to s. 985.25(1), a child taken into custody |
| 192 | and placed into nonsecure or home detention care or detained in |
| 193 | secure detention care prior to a detention hearing may continue |
| 194 | to be detained by the court if: |
| 195 | (a) The child is alleged to have absconded from home or |
| 196 | nonsecure detention care or otherwise violates the terms of |
| 197 | release after adjudication and commitment but while awaiting |
| 198 | placement in a residential facility. |
| 199 | (b) There is probable cause to believe the child has |
| 200 | committed a new violation of law while on home or nonsecure |
| 201 | detention care after adjudication and commitment but while |
| 202 | awaiting placement in a residential facility. |
| 203 | (c)(a) The child is alleged to be an escapee from a |
| 204 | residential commitment program; or an absconder from a |
| 205 | nonresidential commitment program, a probation program, or |
| 206 | conditional release supervision; or is alleged to have escaped |
| 207 | while being lawfully transported to or from a residential |
| 208 | commitment program. |
| 209 | (d)(b) The child is wanted in another jurisdiction for an |
| 210 | offense which, if committed by an adult, would be a felony. |
| 211 | (e)(c) The child is charged with a delinquent act or |
| 212 | violation of law and requests in writing through legal counsel |
| 213 | to be detained for protection from an imminent physical threat |
| 214 | to his or her personal safety. |
| 215 | (f)(d) The child is charged with committing an offense of |
| 216 | domestic violence as defined in s. 741.28 and is detained as |
| 217 | provided in subsection (2). |
| 218 | (g)(e) The child is charged with possession or discharging |
| 219 | a firearm on school property in violation of s. 790.115. |
| 220 | (h)(f) The child is charged with a capital felony, a life |
| 221 | felony, a felony of the first degree, a felony of the second |
| 222 | degree that does not involve a violation of chapter 893, or a |
| 223 | felony of the third degree that is also a crime of violence, |
| 224 | including any such offense involving the use or possession of a |
| 225 | firearm. |
| 226 | (i)(g) The child is charged with any second degree or |
| 227 | third degree felony involving a violation of chapter 893 or any |
| 228 | third degree felony that is not also a crime of violence, and |
| 229 | the child: |
| 230 | 1. Has a record of failure to appear at court hearings |
| 231 | after being properly notified in accordance with the Rules of |
| 232 | Juvenile Procedure; |
| 233 | 2. Has a record of law violations prior to court hearings; |
| 234 | 3. Has already been detained or has been released and is |
| 235 | awaiting final disposition of the case; |
| 236 | 4. Has a record of violent conduct resulting in physical |
| 237 | injury to others; or |
| 238 | 5. Is found to have been in possession of a firearm. |
| 239 | (j)(h) The child is alleged to have violated the |
| 240 | conditions of the child's probation or conditional release |
| 241 | supervision. However, a child detained under this paragraph may |
| 242 | be held only in a consequence unit as provided in s. 985.439. If |
| 243 | a consequence unit is not available, the child may be placed in |
| 244 | secure detention care, home detention care, or home detention |
| 245 | care with electronic monitoring shall be placed on home |
| 246 | detention with electronic monitoring. |
| 247 | (k)(i) The child is detained on a judicial order for |
| 248 | failure to appear and has previously willfully failed to appear, |
| 249 | after proper notice, for an adjudicatory hearing on the same |
| 250 | case regardless of the results of the risk assessment |
| 251 | instrument. A child may be held in secure detention for up to 72 |
| 252 | hours in advance of the next scheduled court hearing pursuant to |
| 253 | this paragraph. The child's failure to keep the clerk of court |
| 254 | and defense counsel informed of a current and valid mailing |
| 255 | address where the child will receive notice to appear at court |
| 256 | proceedings does not provide an adequate ground for excusal of |
| 257 | the child's nonappearance at the hearings. |
| 258 | (l)(j) The child is detained on a judicial order for |
| 259 | failure to appear and has previously willfully failed to appear, |
| 260 | after proper notice, at two or more court hearings of any nature |
| 261 | on the same case regardless of the results of the risk |
| 262 | assessment instrument. A child may be held in secure detention |
| 263 | for up to 72 hours in advance of the next scheduled court |
| 264 | hearing pursuant to this paragraph. The child's failure to keep |
| 265 | the clerk of court and defense counsel informed of a current and |
| 266 | valid mailing address where the child will receive notice to |
| 267 | appear at court proceedings does not provide an adequate ground |
| 268 | for excusal of the child's nonappearance at the hearings. |
| 269 | (3)(a) A child who meets any of the criteria in subsection |
| 270 | (1) and who is ordered to be detained under that subsection |
| 271 | shall be given a hearing within 24 hours after being taken into |
| 272 | custody. The purpose of the detention hearing is to determine |
| 273 | the existence of probable cause that the child has committed the |
| 274 | delinquent act or violation of law that he or she is charged |
| 275 | with and the need for continued detention. Unless a child is |
| 276 | detained under paragraph (1)(a), paragraph (1)(b), paragraph |
| 277 | (1)(f)(d), or paragraph (1)(g)(e), the court shall use the |
| 278 | results of the risk assessment performed by the juvenile |
| 279 | probation officer and, based on the criteria in subsection (1), |
| 280 | shall determine the need for continued detention. A child placed |
| 281 | into secure, nonsecure, or home detention care may continue to |
| 282 | be so detained by the court. A child detained under paragraph |
| 283 | (1)(a) or paragraph (1)(b) may be placed into secure detention |
| 284 | care pending placement in a residential facility. |
| 285 | (c) Except as provided in paragraph (1)(a), paragraph |
| 286 | (1)(b), s. 790.22(8), or in s. 985.27, when a child is placed |
| 287 | into secure or nonsecure detention care, or into a respite home |
| 288 | or other placement pursuant to a court order following a |
| 289 | hearing, the court order must include specific instructions that |
| 290 | direct the release of the child from such placement no later |
| 291 | than 5 p.m. on the last day of the detention period specified in |
| 292 | s. 985.26 or s. 985.27, whichever is applicable, unless the |
| 293 | requirements of such applicable provision have been met or an |
| 294 | order of continuance has been granted under s. 985.26(4). |
| 295 | Section 7. Section 985.26, Florida Statutes, is amended to |
| 296 | read: |
| 297 | 985.26 Length of detention.-- |
| 298 | (1) A child may not be placed into or held in secure, |
| 299 | nonsecure, or home detention care for longer than 24 hours |
| 300 | unless the court orders such detention care, and the order |
| 301 | includes specific instructions that direct the release of the |
| 302 | child from such detention care, in accordance with s. 985.255. |
| 303 | The order shall be a final order, reviewable by appeal under s. |
| 304 | 985.534 and the Florida Rules of Appellate Procedure. Appeals of |
| 305 | such orders shall take precedence over other appeals and other |
| 306 | pending matters. |
| 307 | (2) A child may not be held in secure, nonsecure, or home |
| 308 | detention care under a special detention order for more than 21 |
| 309 | days unless an adjudicatory hearing for the case has been |
| 310 | commenced in good faith by the court. However, upon good cause |
| 311 | being shown that the nature of the charge requires additional |
| 312 | time for the prosecution or defense of the case, the court may |
| 313 | extend the length of detention for an additional 9 days if the |
| 314 | child is charged with an offense that would be, if committed by |
| 315 | an adult, a capital felony, a life felony, a felony of the first |
| 316 | degree, or a felony of the second degree involving violence |
| 317 | against any individual. For purposes of this subsection, if a |
| 318 | child is released, the child must comply with all conditions of |
| 319 | preadjudicatory release set by the circuit court. |
| 320 | (3) Except as provided in subsection (2), a child may not |
| 321 | be held in secure, nonsecure, or home detention care for more |
| 322 | than 15 days following the entry of an order of adjudication. |
| 323 | (4) The time limits in subsections (2) and (3) do not |
| 324 | include periods of delay resulting from a continuance granted by |
| 325 | the court for cause on motion of the child or his or her counsel |
| 326 | or of the state. Upon the issuance of an order granting a |
| 327 | continuance for cause on a motion by either the child, the |
| 328 | child's counsel, or the state, the court shall conduct a hearing |
| 329 | at the end of each 72-hour period, excluding Saturdays, Sundays, |
| 330 | and legal holidays, to determine the need for continued |
| 331 | detention of the child and the need for further continuance of |
| 332 | proceedings for the child or the state. |
| 333 | (5) The time limits required under this section do not |
| 334 | apply to children held in secure detention care pursuant to ss. |
| 335 | 985.255(1)(a) and (b) and (3), 985.27(1)(a) and (b), and 985.28. |
| 336 | (6)(5) A child who was not in secure detention care at the |
| 337 | time of the adjudicatory hearing, but for whom residential |
| 338 | commitment is anticipated or recommended, may be placed under a |
| 339 | special detention order for a period not to exceed 72 hours, |
| 340 | excluding weekends and legal holidays, for the purpose of |
| 341 | conducting a comprehensive evaluation as provided in s. 985.185. |
| 342 | Motions for the issuance of such special detention order may be |
| 343 | made subsequent to a finding of delinquency. Upon said motion, |
| 344 | the court shall conduct a hearing to determine the |
| 345 | appropriateness of such special detention order and shall order |
| 346 | the least restrictive level of detention care necessary to |
| 347 | complete the comprehensive evaluation process that is consistent |
| 348 | with public safety. Such special detention order may be extended |
| 349 | for an additional 72 hours upon further order of the court. |
| 350 | (7)(6) If a child is detained and a petition for |
| 351 | delinquency is filed, the child shall be arraigned in accordance |
| 352 | with the Florida Rules of Juvenile Procedure within 48 hours |
| 353 | after the filing of the petition for delinquency. |
| 354 | Section 8. Subsection (1) of section 985.265, Florida |
| 355 | Statutes, is amended to read: |
| 356 | 985.265 Detention transfer and release; education; adult |
| 357 | jails.-- |
| 358 | (1) If a child is detained under this part, the department |
| 359 | may transfer the child from nonsecure or home detention care to |
| 360 | secure detention care only if significantly changed |
| 361 | circumstances warrant such transfer. Such circumstances include, |
| 362 | but are not limited to: |
| 363 | (a) Where a child is alleged to have absconded from home |
| 364 | or nonsecure detention care or otherwise violates the terms of |
| 365 | release after adjudication and commitment but while awaiting |
| 366 | placement in a residential facility; or |
| 367 | (b) Where probable cause exists that a child has committed |
| 368 | a new violation of law while on home or nonsecure detention care |
| 369 | after adjudication and commitment but while awaiting placement |
| 370 | in a residential facility. |
| 371 | Section 9. Subsection (1) of section 985.27, Florida |
| 372 | Statutes, is amended to read: |
| 373 | 985.27 Postcommitment detention while awaiting |
| 374 | placement.-- |
| 375 | (1) The court must place all children who are adjudicated |
| 376 | and awaiting placement in a commitment program in secure |
| 377 | detention care, home detention care, or nonsecure detention |
| 378 | care. Children who are in home detention care or nonsecure |
| 379 | detention care may be placed on electronic monitoring. |
| 380 | (a) A child who is awaiting placement in a low-risk |
| 381 | residential program must be removed from detention within 5 |
| 382 | days, excluding Saturdays, Sundays, and legal holidays. Any |
| 383 | child held in secure detention during the 5 days must meet |
| 384 | detention admission criteria under this part. A child who is |
| 385 | placed in home detention care, nonsecure detention care, or home |
| 386 | or nonsecure detention care with electronic monitoring, while |
| 387 | awaiting placement in a minimum-risk or low-risk program, may be |
| 388 | held in secure detention care for 5 days, if the child violates |
| 389 | the conditions of the home detention care, the nonsecure |
| 390 | detention care, or the electronic monitoring agreement. For any |
| 391 | subsequent violation, the court may impose an additional 15 5 |
| 392 | days, excluding Saturdays, Sundays, and legal holidays, in |
| 393 | secure detention care. |
| 394 | (b)1. A child who is awaiting placement in a moderate-risk |
| 395 | residential program must be placed in secure detention care, |
| 396 | home detention care, or nonsecure detention care. Any child held |
| 397 | in secure detention care must meet detention admission criteria |
| 398 | under this part. |
| 399 | 2. A child may not be held in secure detention care longer |
| 400 | than 15 days, excluding Saturdays, Sundays, and legal holidays, |
| 401 | while awaiting placement in a moderate-risk residential |
| 402 | facility, except that any child shall be held in secure |
| 403 | detention care until placed in a residential facility if: |
| 404 | a. The child is alleged to have absconded from home |
| 405 | detention care or nonsecure detention care or otherwise violated |
| 406 | the terms of release or electronic monitoring; or |
| 407 | b. Probable cause exists that a child committed a new |
| 408 | violation of law while on home detention care, nonsecure |
| 409 | detention care, or electronic monitoring and the child is |
| 410 | awaiting placement in a residential program A child who is |
| 411 | awaiting placement in a moderate-risk residential program must |
| 412 | be removed from detention within 5 days, excluding Saturdays, |
| 413 | Sundays, and legal holidays. Any child held in secure detention |
| 414 | during the 5 days must meet detention admission criteria under |
| 415 | this part. The department may seek an order from the court |
| 416 | authorizing continued detention for a specific period of time |
| 417 | necessary for the appropriate residential placement of the |
| 418 | child. However, such continued detention in secure detention |
| 419 | care may not exceed 15 days after entry of the commitment order, |
| 420 | excluding Saturdays, Sundays, and legal holidays, and except as |
| 421 | otherwise provided in this section. A child who is placed in |
| 422 | home detention care, nonsecure detention care, or home or |
| 423 | nonsecure detention care with electronic monitoring, while |
| 424 | awaiting placement in a moderate-risk program, may be held in |
| 425 | secure detention care for 5 days, if the child violates the |
| 426 | conditions of the home detention care, the nonsecure detention |
| 427 | care, or the electronic monitoring agreement. For any subsequent |
| 428 | violation, the court may impose an additional 5 days in secure |
| 429 | detention care. |
| 430 | (c) If the child is committed to a high-risk residential |
| 431 | program, the child must be held in secure detention care until |
| 432 | placement or commitment is accomplished. |
| 433 | (d) If the child is committed to a maximum-risk |
| 434 | residential program, the child must be held in secure detention |
| 435 | care until placement or commitment is accomplished. |
| 436 | Section 10. Section 985.28, Florida Statutes, is created |
| 437 | to read: |
| 438 | 985.28 Appearance in court; preadjudicatory detention; |
| 439 | contempt.-- |
| 440 | (1) A child may be held in secure detention care if, after |
| 441 | proper notice, the child fails to appear in court because the |
| 442 | child refuses to appear, runs away, or otherwise intentionally |
| 443 | avoids his or her appearance. The court may hold the child in |
| 444 | secure detention care until the trial concludes, regardless of |
| 445 | the results of the risk assessment instrument. |
| 446 | (2) A parent or legal guardian, after being properly |
| 447 | noticed, who knowingly and willfully fails to bring or otherwise |
| 448 | prevents a child from appearing for trial may be held in |
| 449 | contempt of court. |
| 450 | Section 11. Subsection (1) of section 985.35, Florida |
| 451 | Statutes, is amended to read: |
| 452 | 985.35 Adjudicatory hearings; withheld adjudications; |
| 453 | orders of adjudication.-- |
| 454 | (1) The adjudicatory hearing must be held as soon as |
| 455 | practicable after the petition alleging that a child has |
| 456 | committed a delinquent act or violation of law is filed and in |
| 457 | accordance with the Florida Rules of Juvenile Procedure; but |
| 458 | reasonable delay for the purpose of investigation, discovery, or |
| 459 | procuring counsel or witnesses shall be granted. If the child is |
| 460 | being detained, the time limitations in s. 985.26(2) and (3) |
| 461 | apply. |
| 462 | Section 12. Paragraph (c) of subsection (1) of section |
| 463 | 985.43, Florida Statutes, is amended, and subsection (4) is |
| 464 | added to that section, to read: |
| 465 | 985.43 Predisposition reports; other evaluations.-- |
| 466 | (1) Upon a finding that the child has committed a |
| 467 | delinquent act: |
| 468 | (c) A child who was not in secure detention at the time of |
| 469 | the adjudicatory hearing, but for whom residential commitment is |
| 470 | anticipated or recommended, may be placed under a special |
| 471 | detention order, as provided in s. 985.26(6)(5), for the purpose |
| 472 | of conducting a comprehensive evaluation. |
| 473 | (4) The Legislature finds that the court is in the best |
| 474 | position to weigh all facts and circumstances to determine |
| 475 | whether or not to commit a juvenile to the department and to |
| 476 | determine the most appropriate restrictiveness level for a |
| 477 | juvenile committed to the department. |
| 478 | Section 13. Paragraphs (a) and (b) of subsection (7) of |
| 479 | section 985.433, Florida Statutes, are amended to read: |
| 480 | 985.433 Disposition hearings in delinquency cases.--When a |
| 481 | child has been found to have committed a delinquent act, the |
| 482 | following procedures shall be applicable to the disposition of |
| 483 | the case: |
| 484 | (7) If the court determines that the child should be |
| 485 | adjudicated as having committed a delinquent act and should be |
| 486 | committed to the department, such determination shall be in |
| 487 | writing or on the record of the hearing. The determination shall |
| 488 | include a specific finding of the reasons for the decision to |
| 489 | adjudicate and to commit the child to the department, including |
| 490 | any determination that the child was a member of a criminal |
| 491 | gang. |
| 492 | (a) The juvenile probation officer shall make a |
| 493 | recommendation to the court concerning placement and any |
| 494 | proposed treatment plan recommend to the court the most |
| 495 | appropriate placement and treatment plan, specifically |
| 496 | identifying the restrictiveness level most appropriate for the |
| 497 | child. If the court has determined that the child was a member |
| 498 | of a criminal gang, that determination shall be given great |
| 499 | weight in identifying the most appropriate restrictiveness level |
| 500 | for the child. The court shall consider the department's |
| 501 | recommendation in making its commitment decision. |
| 502 | (b) The court may shall commit the child to the department |
| 503 | at the restrictiveness level identified by the department, or |
| 504 | the court may order placement at a different restrictiveness |
| 505 | level. The court may determine the disposition on the same |
| 506 | factors as the department considered in the department's |
| 507 | predisposition report and placement recommendation even if the |
| 508 | court reaches a different conclusion. The court may commit the |
| 509 | child to a different restrictiveness level than recommended by |
| 510 | the department. The court shall state for the record the reasons |
| 511 | for the disposition imposed that establish by a preponderance of |
| 512 | the evidence why the court is disregarding the assessment of the |
| 513 | child and the restrictiveness level recommended by the |
| 514 | department. Any party may appeal the court's findings resulting |
| 515 | in a modified level of restrictiveness under this paragraph. The |
| 516 | department shall maintain data to identify the extent to which |
| 517 | the courts agree with the department's recommendation. |
| 518 | Section 14. Subsection (2) of section 985.439, Florida |
| 519 | Statutes, is amended to read: |
| 520 | 985.439 Violation of probation or postcommitment |
| 521 | probation.-- |
| 522 | (2) A child taken into custody under s. 985.101 for |
| 523 | violating the conditions of probation or postcommitment |
| 524 | probation shall be held in a consequence unit if such a unit is |
| 525 | available or may be detained under part V in a facility other |
| 526 | than a consequence unit if one is not available. The child shall |
| 527 | be afforded a hearing within 24 hours after being taken into |
| 528 | custody to determine the existence of probable cause that the |
| 529 | child violated the conditions of probation or postcommitment |
| 530 | probation. A consequence unit is a secure facility specifically |
| 531 | designated by the department for children who are taken into |
| 532 | custody under s. 985.101 for violating probation or |
| 533 | postcommitment probation, or who have been found by the court to |
| 534 | have violated the conditions of probation or postcommitment |
| 535 | probation. If the violation involves a new charge of |
| 536 | delinquency, the child may be detained under part V in a |
| 537 | facility other than a consequence unit. If the child is not |
| 538 | eligible for detention for the new charge of delinquency, the |
| 539 | child may be held in the consequence unit pending a hearing and |
| 540 | is subject to the time limitations specified in part V. |
| 541 | Section 15. Section 938.20, Florida Statutes, is created |
| 542 | to read: |
| 543 | 938.20 County juvenile crime prevention fund.-- |
| 544 | (1) Notwithstanding s. 318.121, and in addition to ss. |
| 545 | 938.19 and 939.185, in each county the board of county |
| 546 | commissioners may adopt a mandatory court cost to be assessed in |
| 547 | specific cases by incorporating by reference the provisions of |
| 548 | this section in a county ordinance. Assessments collected by the |
| 549 | clerk of the circuit court under this section shall be deposited |
| 550 | into an account specifically for the administration of the |
| 551 | county's juvenile crime prevention fund. The proceeds of the |
| 552 | county's juvenile crime prevention fund shall only be used to |
| 553 | fund local programs whose principal focus is the prevention of |
| 554 | juvenile crime, the creation of consequence or suspension |
| 555 | centers, and truancy programs and such other areas of local |
| 556 | concern relating to juvenile crime. |
| 557 | (2) A sum of up to $50 shall be assessed as a court cost |
| 558 | in the circuit court in the county against each juvenile who |
| 559 | pleads guilty or nolo contendere to, or is found guilty of, |
| 560 | regardless of adjudication, a delinquent act. A juvenile may not |
| 561 | be assessed court costs under this section if the juvenile and |
| 562 | the juvenile's parents or other legal guardian are found to be |
| 563 | indigent. |
| 564 | (3) The assessment for court costs under this section |
| 565 | shall be assessed in addition to any other cost or fee and may |
| 566 | not be deducted from the proceeds of any other cost that is |
| 567 | received by the county. |
| 568 | (4)(a) The clerk of the circuit court shall collect the |
| 569 | assessments for court costs under this section and shall remit |
| 570 | the assessments to the county's juvenile crime prevention fund |
| 571 | monthly. |
| 572 | (b) The clerk of the circuit court shall withhold 3 |
| 573 | percent of the assessments collected, which shall be retained as |
| 574 | fee income of the office of the clerk of the circuit court. |
| 575 | (5) A county's juvenile crime prevention fund must account |
| 576 | for all funds received and disbursed under this section in a |
| 577 | written report to the board of county commissioners of that |
| 578 | county. The report must be given to the commissioners by August |
| 579 | 1 of each year unless a different date is required by the |
| 580 | commissioners. |
| 581 | (6) A county's juvenile crime prevention fund may be |
| 582 | administered by a nonprofit organization, a law enforcement |
| 583 | agency, the court administrator, the clerk of the circuit court, |
| 584 | a county agency, or another similar agency authorized by the |
| 585 | board of county commissioners of that county. |
| 586 | Section 16. Subsection (8) of section 790.22, Florida |
| 587 | Statutes, is amended to read: |
| 588 | 790.22 Use of BB guns, air or gas-operated guns, or |
| 589 | electric weapons or devices by minor under 16; limitation; |
| 590 | possession of firearms by minor under 18 prohibited; |
| 591 | penalties.-- |
| 592 | (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor |
| 593 | under 18 years of age is charged with an offense that involves |
| 594 | the use or possession of a firearm, as defined in s. 790.001, |
| 595 | including a violation of subsection (3), or is charged for any |
| 596 | offense during the commission of which the minor possessed a |
| 597 | firearm, the minor shall be detained in secure detention, unless |
| 598 | the state attorney authorizes the release of the minor, and |
| 599 | shall be given a hearing within 24 hours after being taken into |
| 600 | custody. At the hearing, the court may order that the minor |
| 601 | continue to be held in secure detention in accordance with the |
| 602 | applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if |
| 603 | the court finds that the minor meets the criteria specified in |
| 604 | s. 985.255, or if the court finds by clear and convincing |
| 605 | evidence that the minor is a clear and present danger to himself |
| 606 | or herself or the community. The Department of Juvenile Justice |
| 607 | shall prepare a form for all minors charged under this |
| 608 | subsection that states the period of detention and the relevant |
| 609 | demographic information, including, but not limited to, the sex, |
| 610 | age, and race of the minor; whether or not the minor was |
| 611 | represented by private counsel or a public defender; the current |
| 612 | offense; and the minor's complete prior record, including any |
| 613 | pending cases. The form shall be provided to the judge to be |
| 614 | considered when determining whether the minor should be |
| 615 | continued in secure detention under this subsection. An order |
| 616 | placing a minor in secure detention because the minor is a clear |
| 617 | and present danger to himself or herself or the community must |
| 618 | be in writing, must specify the need for detention and the |
| 619 | benefits derived by the minor or the community by placing the |
| 620 | minor in secure detention, and must include a copy of the form |
| 621 | provided by the department. The Department of Juvenile Justice |
| 622 | must send the form, including a copy of any order, without |
| 623 | client-identifying information, to the Office of Economic and |
| 624 | Demographic Research. |
| 625 | Section 17. The Legislature determines and declares that |
| 626 | this act fulfills an important state interest. |
| 627 | Section 18. It is the intent of the Legislature with this |
| 628 | act to ensure public safety and to provide appropriate and |
| 629 | effective treatment to address physical, social, and emotional |
| 630 | needs of juveniles, including, but not limited to, substance |
| 631 | abuse services, mental health services, family counseling, anger |
| 632 | management, other behavioral services, and health care services. |
| 633 | Section 19. This act shall take effect July 1, 2010. |