| 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. |