| 1 | A bill to be entitled | 
| 2 | An act relating to criminal prosecution of juveniles; | 
| 3 | amending s. 985.557, F.S.; providing additional | 
| 4 | circumstances for the discretionary direct filing of | 
| 5 | charges against certain juveniles; providing criteria | 
| 6 | for determining when a case against a juvenile should | 
| 7 | be recommended to the court to be transferred for | 
| 8 | criminal prosecution; providing criteria for | 
| 9 | consideration of a child's request to an adult court | 
| 10 | to return a criminal case to the juvenile justice | 
| 11 | system; reenacting s. 985.556(3), F.S., relating to | 
| 12 | involuntary mandatory waiver of juvenile court | 
| 13 | jurisdiction, to incorporate the amendments made to s. | 
| 14 | 985.557, F.S., in a reference thereto; providing an | 
| 15 | effective date. | 
| 16 | 
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| 17 | Be It Enacted by the Legislature of the State of Florida: | 
| 18 | 
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| 19 | Section 1.  Paragraph (c) is added to subsection (1) of | 
| 20 | section 985.557, Florida Statutes, subsection (4) of that | 
| 21 | section is amended, and subsection (5) is added to that section, | 
| 22 | to read: | 
| 23 | 985.557  Direct filing of an information; discretionary and | 
| 24 | mandatory criteria.- | 
| 25 | (1)  DISCRETIONARY DIRECT FILE.- | 
| 26 | (c)  Except as provided in paragraph (b), the state | 
| 27 | attorney may file an information against a child otherwise | 
| 28 | eligible under this section if the child has a prior felony or | 
| 29 | misdemeanor adjudication or an adjudication withheld. | 
| 30 | (4)  DIRECT-FILE CRITERIA.- | 
| 31 | (a)  When a child is eligible to have an information filed | 
| 32 | by the state attorney under subsection (1), the state attorney | 
| 33 | shall use the following criteria to determine whether to file an | 
| 34 | information: | 
| 35 | 1.  The seriousness of the alleged offense and whether | 
| 36 | transferring the child is necessary for protection of the | 
| 37 | community, including: | 
| 38 | a.  The recommendation of the department, through review | 
| 39 | and consideration of the recommendations of the department's | 
| 40 | caseworker. | 
| 41 | b.  The probable cause as found in the report, affidavit, | 
| 42 | or complaint, including: | 
| 43 | (I)  Whether the alleged offense was committed in an | 
| 44 | aggressive, violent, premeditated, or willful manner. | 
| 45 | (II)  Whether the alleged offense was against persons or | 
| 46 | against property, with greater weight being given to offenses | 
| 47 | against persons, especially if personal injury resulted. | 
| 48 | (III)  The strength of the state's evidence. | 
| 49 | c.  The sophistication and maturity of the child. | 
| 50 | 2.  The record and previous history of the child, | 
| 51 | including: | 
| 52 | a.  Previous contacts with the department, the Department | 
| 53 | of Corrections, the former Department of Health and | 
| 54 | Rehabilitative Services, the Department of Children and Family | 
| 55 | Services, other law enforcement agencies, and courts. | 
| 56 | b.  Prior periods of probation. | 
| 57 | c.  Prior adjudications that the child committed a | 
| 58 | delinquent act or violation of law, with greater weight being | 
| 59 | given if the child has previously been found by a court to have | 
| 60 | committed a delinquent act or violation of law involving | 
| 61 | violence to persons. | 
| 62 | d.  Prior commitments to institutions of the department, | 
| 63 | the Department of Corrections, or agencies under contract with | 
| 64 | either department. | 
| 65 | e.  Patterns of criminality or patterns of escalation. | 
| 66 | 3.  The prospects for adequate protection of the public and | 
| 67 | the likelihood of reasonable rehabilitation of the child, if the | 
| 68 | child is found to have committed the alleged offense, by the use | 
| 69 | of procedures, services, and facilities currently available to | 
| 70 | the juvenile court. | 
| 71 | 4.  Cost-effective alternatives available to divert the | 
| 72 | child from the criminal and juvenile justice systems and offer | 
| 73 | rehabilitative services for the child. | 
| 74 | (b)  If the state attorney files an information against a | 
| 75 | child under this section, the state attorney shall file with the | 
| 76 | court his or her written explanation, addressing the factors | 
| 77 | listed in paragraph (a), as to why the child should be | 
| 78 | transferred for criminal prosecution. An information filed  | 
| 79 | pursuant to this section may include all charges that are based  | 
| 80 | on the same act, criminal episode, or transaction as the primary  | 
| 81 | offenses. | 
| 82 | (5)  REVERSE WAIVER.-Any child over whom the adult court | 
| 83 | has obtained original jurisdiction may request, in writing, a | 
| 84 | hearing to determine whether the child shall remain in adult | 
| 85 | court. The adult court shall retain jurisdiction unless the | 
| 86 | child proves by a preponderance of evidence all of the | 
| 87 | following: | 
| 88 | (a)  The child could obtain services available in the | 
| 89 | juvenile justice system which could lessen the possibility of | 
| 90 | the child reoffending in the future. | 
| 91 | (b)  The child's best interests would be served by | 
| 92 | prosecuting the case in juvenile court. | 
| 93 | (c)  The child could receive juvenile sanctions that would | 
| 94 | provide adequate safety and protection for the community. | 
| 95 | (d)  The child is not charged with a felony that is | 
| 96 | punishable by death or life imprisonment. | 
| 97 | (e)  The child has not previously been convicted and | 
| 98 | sentenced as an adult. | 
| 99 | Section 2.  For the purpose of incorporating the amendment | 
| 100 | made by this act to section 985.557, Florida Statutes, in a | 
| 101 | reference thereto, subsection (3) of section 985.556, Florida | 
| 102 | Statutes, is reenacted to read: | 
| 103 | 985.556  Waiver of juvenile court jurisdiction; hearing.- | 
| 104 | (3)  INVOLUNTARY MANDATORY WAIVER.- | 
| 105 | (a)  If the child was 14 years of age or older, and if the | 
| 106 | child has been previously adjudicated delinquent for an act | 
| 107 | classified as a felony, which adjudication was for the | 
| 108 | commission of, attempt to commit, or conspiracy to commit | 
| 109 | murder, sexual battery, armed or strong-armed robbery, | 
| 110 | carjacking, home-invasion robbery, aggravated battery, | 
| 111 | aggravated assault, or burglary with an assault or battery, and | 
| 112 | the child is currently charged with a second or subsequent | 
| 113 | violent crime against a person; or | 
| 114 | (b)  If the child was 14 years of age or older at the time | 
| 115 | of commission of a fourth or subsequent alleged felony offense | 
| 116 | and the child was previously adjudicated delinquent or had | 
| 117 | adjudication withheld for or was found to have committed, or to | 
| 118 | have attempted or conspired to commit, three offenses that are | 
| 119 | felony offenses if committed by an adult, and one or more of | 
| 120 | such felony offenses involved the use or possession of a firearm | 
| 121 | or violence against a person; | 
| 122 | 
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| 123 | the state attorney shall request the court to transfer and | 
| 124 | certify the child for prosecution as an adult or shall provide | 
| 125 | written reasons to the court for not making such request, or | 
| 126 | proceed under s. 985.557(1). Upon the state attorney's request, | 
| 127 | the court shall either enter an order transferring the case and | 
| 128 | certifying the case for trial as if the child were an adult or | 
| 129 | provide written reasons for not issuing such an order. | 
| 130 | Section 3.  This act shall take effect July 1, 2012. |