HB 655

1	A bill to be entitled
2	An act relating to criminal prosecution of juveniles;
3	amending s. 985.557, F.S.; prohibiting the filing of an
4	information on a child otherwise eligible if it is the
5	child's first offense unless there are compelling reasons;
6	requiring such reasons to be stated in writing; providing
7	criteria for determining when a case against a juvenile
8	should be recommended to the court to be transferred for
9	prosecution in adult court; providing criteria for
10	consideration of a child's request to an adult court to
11	return a criminal case to the juvenile justice system;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsections (1) and (4) of section 985.557,
17	Florida Statutes, are amended, present subsection (5) of that
18	section is renumbered as subsection (6) and amended, and a new
19	subsection (5) is added to that section, to read:
20	985.557  Direct filing of an information; discretionary and
21	mandatory criteria.-
22	(1)  DISCRETIONARY DIRECT FILE.-
23	(a)  With respect to any child who was 14 or 15 years of
24	age at the time the alleged offense was committed, the state
25	attorney may file an information when in the state attorney's
26	judgment and discretion the public interest requires that adult
27	sanctions be considered or imposed and when the offense charged
28	is for the commission of, attempt to commit, or conspiracy to
29	commit:
30	1.  Arson;
31	2.  Sexual battery;
32	3.  Robbery;
33	4.  Kidnapping;
34	5.  Aggravated child abuse;
35	6.  Aggravated assault;
36	7.  Aggravated stalking;
37	8.  Murder;
38	9.  Manslaughter;
39	10.  Unlawful throwing, placing, or discharging of a
40	destructive device or bomb;
41	11.  Armed burglary in violation of s. 810.02(2)(b) or
42	specified burglary of a dwelling or structure in violation of s.
43	810.02(2)(c), or burglary with an assault or battery in
44	violation of s. 810.02(2)(a);
45	12.  Aggravated battery;
46	13.  Any lewd or lascivious offense committed upon or in
47	the presence of a person less than 16 years of age;
48	14.  Carrying, displaying, using, threatening, or
49	attempting to use a weapon or firearm during the commission of a
50	felony;
51	15.  Grand theft in violation of s. 812.014(2)(a);
52	16.  Possessing or discharging any weapon or firearm on
53	school property in violation of s. 790.115;
54	17.  Home invasion robbery;
55	18.  Carjacking; or
56	19.  Grand theft of a motor vehicle in violation of s.
57	812.014(2)(c)6. or grand theft of a motor vehicle valued at
58	$20,000 or more in violation of s. 812.014(2)(b) if the child
59	has a previous adjudication for grand theft of a motor vehicle
60	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
61	(b)  With respect to any child who was 16 or 17 years of
62	age at the time the alleged offense was committed, the state
63	attorney may file an information when in the state attorney's
64	judgment and discretion the public interest requires that adult
65	sanctions be considered or imposed. However, the state attorney
66	may not file an information on a child charged with a
67	misdemeanor, unless the child has had at least two previous
68	adjudications or adjudications withheld for delinquent acts, one
69	of which involved an offense classified as a felony under state
70	law.
71	(c)  The state may not file an information on a child
72	otherwise eligible under paragraph (a) or paragraph (b) if it is
73	the child's first offense unless there are compelling reasons,
74	which the state shall set out in writing.
75	(4)  DIRECT-FILE CRITERIA POLICIES AND GUIDELINES.-
76	(a)  When a child is eligible to have an information filed
77	by the state attorney under subsection (1), the state attorney
78	shall use the following criteria to determine whether to file an
79	information:
80	1.  The seriousness of the alleged offense and whether
81	transferring the child is necessary for protection of the
82	community, including:
83	a.  The recommendation of the department, through review
84	and consideration of the recommendations of the department's
85	caseworker.
86	b.  The probable cause as found in the report, affidavit,
87	or complaint, including:
88	(I)  Whether the alleged offense was committed in an
89	aggressive, violent, premeditated, or willful manner.
90	(II)  Whether the alleged offense was against persons or
91	against property, with greater weight being given to offenses
92	against persons, especially if personal injury resulted.
93	c.  The sophistication and maturity of the child.
94	2.  The record and previous history of the child,
95	including:
96	a.  Previous contacts with the department, the Department
97	of Corrections, the former Department of Health and
98	Rehabilitative Services, the Department of Children and Family
99	Services, other law enforcement agencies, and courts.
100	b.  Prior periods of probation.
101	c.  Prior adjudications that the child committed a
102	delinquent act or violation of law, with greater weight being
103	given if the child has previously been found by a court to have
104	committed a delinquent act or violation of law involving
105	violence to persons.
106	d.  Prior commitments to institutions of the department,
107	the Department of Corrections, or agencies under contract with
108	either department.
109	e.  Patterns of criminality or patterns of escalation.
110	3.  The prospects for adequate protection of the public and
111	the likelihood of reasonable rehabilitation of the child, if the
112	child is found to have committed the alleged offense, by the use
113	of procedures, services, and facilities currently available to
114	the juvenile court.
115	4.  Cost-effective alternatives available to divert the
116	child from the criminal and juvenile justice systems and offer
117	rehabilitative services for the child.
118	(b)  If the state attorney files an information against a
119	child under this section, the state attorney shall file with the
120	court his or her written explanation, addressing the factors
121	listed in paragraph (a), as to why the child should be
122	transferred for criminal prosecution. Each state attorney shall
123	develop written policies and guidelines to govern determinations
124	for filing an information on a juvenile, to be submitted to the
125	Executive Office of the Governor, the President of the Senate,
126	and the Speaker of the House of Representatives not later than
127	January 1 of each year.
128	(5)  REVERSE WAIVER.-Any child over whom the adult court
129	has obtained original jurisdiction may request, in writing, a
130	hearing to determine whether the child shall remain in adult
131	court. The adult court shall retain jurisdiction unless the
132	child proves by a preponderance of evidence all of the
133	following:
134	(a)  The child could obtain services available in the
135	juvenile justice system which could lessen the possibility of
136	the child reoffending in the future.
137	(b)  The child's best interests would be served by
138	prosecuting the case in juvenile court.
139	(c)  The child could receive juvenile sanctions that would
140	provide adequate safety and protection for the community.
141	(d)  The child is not charged with a felony that is
142	punishable by death or life imprisonment.
143	(e)  The child has not previously been convicted and
144	sentenced as an adult.
145	(6)(5)  CHARGES INCLUDED.-An information filed pursuant to
146	this section may include all charges that are based on the same
147	act, criminal episode, or transaction as the primary offenses.
148	Section 2.  This act shall take effect July 1, 2011.

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