HB 551

1
A bill to be entitled
2An act relating to criminal prosecution of juveniles;
3amending s. 985.557, F.S.; providing additional
4circumstances for the discretionary direct filing of
5charges against certain juveniles; providing criteria
6for determining when a case against a juvenile should
7be recommended to the court to be transferred for
8criminal prosecution; providing criteria for
9consideration of a child's request to an adult court
10to return a criminal case to the juvenile justice
11system; reenacting s. 985.556(3), F.S., relating to
12involuntary mandatory waiver of juvenile court
13jurisdiction, to incorporate the amendments made to s.
14985.557, F.S., in a reference thereto; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Paragraph (c) is added to subsection (1) of
20section 985.557, Florida Statutes, subsection (4) of that
21section is amended, and subsection (5) is added to that section,
22to read:
23     985.557  Direct filing of an information; discretionary and
24mandatory criteria.-
25     (1)  DISCRETIONARY DIRECT FILE.-
26     (c)  Except as provided in paragraph (b), the state
27attorney may file an information against a child otherwise
28eligible under this section if the child has a prior felony or
29misdemeanor adjudication or an adjudication withheld.
30     (4)  DIRECT-FILE CRITERIA.-
31     (a)  When a child is eligible to have an information filed
32by the state attorney under subsection (1), the state attorney
33shall use the following criteria to determine whether to file an
34information:
35     1.  The seriousness of the alleged offense and whether
36transferring the child is necessary for protection of the
37community, including:
38     a.  The recommendation of the department, through review
39and consideration of the recommendations of the department's
40caseworker.
41     b.  The probable cause as found in the report, affidavit,
42or complaint, including:
43     (I)  Whether the alleged offense was committed in an
44aggressive, violent, premeditated, or willful manner.
45     (II)  Whether the alleged offense was against persons or
46against property, with greater weight being given to offenses
47against 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,
51including:
52     a.  Previous contacts with the department, the Department
53of Corrections, the former Department of Health and
54Rehabilitative Services, the Department of Children and Family
55Services, other law enforcement agencies, and courts.
56     b.  Prior periods of probation.
57     c.  Prior adjudications that the child committed a
58delinquent act or violation of law, with greater weight being
59given if the child has previously been found by a court to have
60committed a delinquent act or violation of law involving
61violence to persons.
62     d.  Prior commitments to institutions of the department,
63the Department of Corrections, or agencies under contract with
64either department.
65     e.  Patterns of criminality or patterns of escalation.
66     3.  The prospects for adequate protection of the public and
67the likelihood of reasonable rehabilitation of the child, if the
68child is found to have committed the alleged offense, by the use
69of procedures, services, and facilities currently available to
70the juvenile court.
71     4.  Cost-effective alternatives available to divert the
72child from the criminal and juvenile justice systems and offer
73rehabilitative services for the child.
74     (b)  If the state attorney files an information against a
75child under this section, the state attorney shall file with the
76court his or her written explanation, addressing the factors
77listed in paragraph (a), as to why the child should be
78transferred for criminal prosecution. An information filed
79pursuant to this section may include all charges that are based
80on the same act, criminal episode, or transaction as the primary
81offenses.
82     (5)  REVERSE WAIVER.-Any child over whom the adult court
83has obtained original jurisdiction may request, in writing, a
84hearing to determine whether the child shall remain in adult
85court. The adult court shall retain jurisdiction unless the
86child proves by a preponderance of evidence all of the
87following:
88     (a)  The child could obtain services available in the
89juvenile justice system which could lessen the possibility of
90the child reoffending in the future.
91     (b)  The child's best interests would be served by
92prosecuting the case in juvenile court.
93     (c)  The child could receive juvenile sanctions that would
94provide adequate safety and protection for the community.
95     (d)  The child is not charged with a felony that is
96punishable by death or life imprisonment.
97     (e)  The child has not previously been convicted and
98sentenced as an adult.
99     Section 2.  For the purpose of incorporating the amendment
100made by this act to section 985.557, Florida Statutes, in a
101reference thereto, subsection (3) of section 985.556, Florida
102Statutes, 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
106child has been previously adjudicated delinquent for an act
107classified as a felony, which adjudication was for the
108commission of, attempt to commit, or conspiracy to commit
109murder, sexual battery, armed or strong-armed robbery,
110carjacking, home-invasion robbery, aggravated battery,
111aggravated assault, or burglary with an assault or battery, and
112the child is currently charged with a second or subsequent
113violent crime against a person; or
114     (b)  If the child was 14 years of age or older at the time
115of commission of a fourth or subsequent alleged felony offense
116and the child was previously adjudicated delinquent or had
117adjudication withheld for or was found to have committed, or to
118have attempted or conspired to commit, three offenses that are
119felony offenses if committed by an adult, and one or more of
120such felony offenses involved the use or possession of a firearm
121or violence against a person;
122
123the state attorney shall request the court to transfer and
124certify the child for prosecution as an adult or shall provide
125written reasons to the court for not making such request, or
126proceed under s. 985.557(1). Upon the state attorney's request,
127the court shall either enter an order transferring the case and
128certifying the case for trial as if the child were an adult or
129provide written reasons for not issuing such an order.
130     Section 3.  This act shall take effect July 1, 2012.


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