Florida Senate - 2018                                    SB 1298
       By Senator Brandes
       24-01114-18                                           20181298__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.26, F.S.; requiring that a prolific juvenile
    4         offender be held in secure detention until a detention
    5         hearing is held if the juvenile violated the
    6         conditions of nonsecure detention; amending s.
    7         985.433, F.S.; requiring a court to receive and
    8         consider a predisposition report before committing a
    9         child if the court determines that adjudication and
   10         commitment to the Department of Juvenile Justice is
   11         appropriate; providing that the predisposition report
   12         is an indispensable prerequisite to commitment which
   13         cannot be waived; conforming a cross-reference;
   14         amending s. 985.672, F.S.; requiring that a board of
   15         directors for the department’s direct-support
   16         organization be appointed according to the
   17         organization’s established bylaws; deleting a
   18         provision relating to membership of the organization;
   19         extending the date of a future repeal; reenacting ss.
   20         790.22(8), 985.115(2), 985.13(2), 985.255(2) and
   21         (3)(a) and (c), and 985.35(1)(a), F.S., relating to
   22         detention of a minor for committing a crime and using
   23         or possessing a firearm, releasing and delivery of a
   24         child from custody, probable cause affidavits,
   25         detention criteria and detention hearings, and
   26         adjudicatory hearings, respectively, to incorporate
   27         the amendment made to s. 985.26, F.S., in references
   28         thereto; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Subsection (2) of section 985.26, Florida
   33  Statutes, is amended, and subsections (3) and (4) of that
   34  section are republished, to read:
   35         985.26 Length of detention.—
   36         (2)(a) Except as provided in paragraph (b) or paragraph
   37  (c), a child may not be held in detention care under a special
   38  detention order for more than 21 days unless an adjudicatory
   39  hearing for the case has been commenced in good faith by the
   40  court.
   41         (b) Upon good cause being shown that the nature of the
   42  charge requires additional time for the prosecution or defense
   43  of the case, the court may extend the length of detention for an
   44  additional 9 days if the child is charged with an offense that
   45  would be, if committed by an adult, a capital felony, a life
   46  felony, a felony of the first degree, or a felony of the second
   47  degree involving violence against any individual.
   48         (c)1. A prolific juvenile offender under s. 985.255(1)(j)
   49  shall be placed on nonsecure detention care with electronic
   50  monitoring or in secure detention care under a special detention
   51  order until disposition. If secure detention care is ordered by
   52  the court, it must be authorized under this part and may not
   53  exceed:
   54         a.1. Twenty-one days unless an adjudicatory hearing for the
   55  case has been commenced in good faith by the court or the period
   56  is extended by the court pursuant to paragraph (b); or
   57         b.2. Fifteen days after the entry of an order of
   58  adjudication.
   59         2. A prolific juvenile offender who is taken into custody
   60  for a violation of the conditions of his or her nonsecure
   61  detention must be held in secure detention until a detention
   62  hearing is held.
   64  As used in this paragraph, the term “disposition” means a
   65  declination to file under s. 985.15(1)(h), the entry of nolle
   66  prosequi for the charges, the filing of an indictment under s.
   67  985.56 or an information under s. 985.557, a dismissal of the
   68  case, or an order of final disposition by the court.
   69         (3) Except as provided in subsection (2), a child may not
   70  be held in detention care for more than 15 days following the
   71  entry of an order of adjudication.
   72         (4)(a) The time limits in subsections (2) and (3) do not
   73  include periods of delay resulting from a continuance granted by
   74  the court for cause on motion of the child or his or her counsel
   75  or of the state. Upon the issuance of an order granting a
   76  continuance for cause on a motion by either the child, the
   77  child’s counsel, or the state, the court shall conduct a hearing
   78  at the end of each 72-hour period, excluding Saturdays, Sundays,
   79  and legal holidays, to determine the need for continued
   80  detention of the child and the need for further continuance of
   81  proceedings for the child or the state.
   82         (b) The period for nonsecure detention care under this
   83  section is tolled on the date that the department or a law
   84  enforcement officer alleges that the child has violated a
   85  condition of the child’s nonsecure detention care until the
   86  court enters a ruling on the violation. Notwithstanding the
   87  tolling of nonsecure detention care, the court retains
   88  jurisdiction over the child for a violation of a condition of
   89  nonsecure detention care during the tolling period. If the court
   90  finds that a child has violated his or her nonsecure detention
   91  care, the number of days that the child served in any type of
   92  detention care before commission of the violation shall be
   93  excluded from the time limits under subsections (2) and (3).
   94         Section 2. Present subsections (7) through (10) of section
   95  985.433, Florida Statutes, are redesignated as subsections (8)
   96  through (11), respectively, a new subsection (7) is added to
   97  that section, and paragraph (c) of present subsection (7) is
   98  amended, to read:
   99         985.433 Disposition hearings in delinquency cases.—When a
  100  child has been found to have committed a delinquent act, the
  101  following procedures shall be applicable to the disposition of
  102  the case:
  103         (7) If the court determines that adjudication and
  104  commitment to the department are suitable, the court must
  105  receive and consider a predisposition report, including the
  106  department’s recommendation, before committing the child. The
  107  predisposition report is an indispensable prerequisite to
  108  commitment which cannot be waived by any party or by agreement
  109  of the parties.
  110         (8)(7) If the court determines that the child should be
  111  adjudicated as having committed a delinquent act and should be
  112  committed to the department, such determination shall be in
  113  writing or on the record of the hearing. The determination shall
  114  include a specific finding of the reasons for the decision to
  115  adjudicate and to commit the child to the department, including
  116  any determination that the child was a member of a criminal
  117  gang.
  118         (c) The court may also require that the child be placed in
  119  a probation program following the child’s discharge from
  120  commitment. Community-based sanctions under subsection (9) (8)
  121  may be imposed by the court at the disposition hearing or at any
  122  time before prior to the child’s release from commitment.
  123         Section 3. Subsections (3) and (7) of section 985.672,
  124  Florida Statutes, are amended to read:
  125         985.672 Direct-support organization; definition; use of
  126  property; board of directors; audit.—
  127         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
  128  shall appoint a board of directors of the direct-support
  129  organization according to the direct-support organization’s
  130  established bylaws. Members of the organization must include
  131  representatives from businesses, representatives from each of
  132  the juvenile justice service districts, and one representative
  133  appointed at large.
  134         (7) REPEAL.—This section is repealed October 1, 2028 2018,
  135  unless reviewed and saved from repeal by the Legislature.
  136         Section 4. For the purpose of incorporating the amendment
  137  made by this act to section 985.26, Florida Statutes, in a
  138  reference thereto, subsection (8) of section 790.22, Florida
  139  Statutes, is reenacted to read:
  140         790.22 Use of BB guns, air or gas-operated guns, or
  141  electric weapons or devices by minor under 16; limitation;
  142  possession of firearms by minor under 18 prohibited; penalties.—
  143         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  144  is charged with an offense that involves the use or possession
  145  of a firearm, including a violation of subsection (3), or is
  146  charged for any offense during the commission of which the minor
  147  possessed a firearm, the minor shall be detained in secure
  148  detention, unless the state attorney authorizes the release of
  149  the minor, and shall be given a hearing within 24 hours after
  150  being taken into custody. At the hearing, the court may order
  151  that the minor continue to be held in secure detention in
  152  accordance with the applicable time periods specified in s.
  153  985.26(1)-(5), if the court finds that the minor meets the
  154  criteria specified in s. 985.255, or if the court finds by clear
  155  and convincing evidence that the minor is a clear and present
  156  danger to himself or herself or the community. The Department of
  157  Juvenile Justice shall prepare a form for all minors charged
  158  under this subsection which states the period of detention and
  159  the relevant demographic information, including, but not limited
  160  to, the gender, age, and race of the minor; whether or not the
  161  minor was represented by private counsel or a public defender;
  162  the current offense; and the minor’s complete prior record,
  163  including any pending cases. The form shall be provided to the
  164  judge for determining whether the minor should be continued in
  165  secure detention under this subsection. An order placing a minor
  166  in secure detention because the minor is a clear and present
  167  danger to himself or herself or the community must be in
  168  writing, must specify the need for detention and the benefits
  169  derived by the minor or the community by placing the minor in
  170  secure detention, and must include a copy of the form provided
  171  by the department.
  172         Section 5. For the purpose of incorporating the amendment
  173  made by this act to section 985.26, Florida Statutes, in a
  174  reference thereto, subsection (2) of section 985.115, Florida
  175  Statutes, is reenacted to read:
  176         985.115 Release or delivery from custody.—
  177         (2) Unless otherwise ordered by the court under s. 985.255
  178  or s. 985.26, and unless there is a need to hold the child, a
  179  person taking a child into custody shall attempt to release the
  180  child as follows:
  181         (a) To the child’s parent, guardian, or legal custodian or,
  182  if the child’s parent, guardian, or legal custodian is
  183  unavailable, unwilling, or unable to provide supervision for the
  184  child, to any responsible adult. Prior to releasing the child to
  185  a responsible adult, other than the parent, guardian, or legal
  186  custodian, the person taking the child into custody may conduct
  187  a criminal history background check of the person to whom the
  188  child is to be released. If the person has a prior felony
  189  conviction, or a conviction for child abuse, drug trafficking,
  190  or prostitution, that person is not a responsible adult for the
  191  purposes of this section. The person to whom the child is
  192  released shall agree to inform the department or the person
  193  releasing the child of the child’s subsequent change of address
  194  and to produce the child in court at such time as the court may
  195  direct, and the child shall join in the agreement.
  196         (b) Contingent upon specific appropriation, to a shelter
  197  approved by the department or to an authorized agent.
  198         (c) If the child is believed to be suffering from a serious
  199  physical condition which requires either prompt diagnosis or
  200  prompt treatment, to a law enforcement officer who shall deliver
  201  the child to a hospital for necessary evaluation and treatment.
  202         (d) If the child is believed to be mentally ill as defined
  203  in s. 394.463(1), to a law enforcement officer who shall take
  204  the child to a designated public receiving facility as defined
  205  in s. 394.455 for examination under s. 394.463.
  206         (e) If the child appears to be intoxicated and has
  207  threatened, attempted, or inflicted physical harm on himself or
  208  herself or another, or is incapacitated by substance abuse, to a
  209  law enforcement officer who shall deliver the child to a
  210  hospital, addictions receiving facility, or treatment resource.
  211         (f) If available, to a juvenile assessment center equipped
  212  and staffed to assume custody of the child for the purpose of
  213  assessing the needs of the child in custody. The center may then
  214  release or deliver the child under this section with a copy of
  215  the assessment.
  216         Section 6. For the purpose of incorporating the amendment
  217  made by this act to section 985.26, Florida Statutes, in a
  218  reference thereto, subsection (2) of section 985.13, Florida
  219  Statutes, is reenacted to read:
  220         985.13 Probable cause affidavits.—
  221         (2) A person taking a child into custody who determines,
  222  under part V, that the child should be detained or released to a
  223  shelter designated by the department, shall make a reasonable
  224  effort to immediately notify the parent, guardian, or legal
  225  custodian of the child and shall, without unreasonable delay,
  226  deliver the child to the appropriate juvenile probation officer
  227  or, if the court has so ordered under s. 985.255 or s. 985.26,
  228  to a detention center or facility. Upon delivery of the child,
  229  the person taking the child into custody shall make a written
  230  report or probable cause affidavit to the appropriate juvenile
  231  probation officer. Such written report or probable cause
  232  affidavit must:
  233         (a) Identify the child and, if known, the parents,
  234  guardian, or legal custodian.
  235         (b) Establish that the child was legally taken into
  236  custody, with sufficient information to establish the
  237  jurisdiction of the court and to make a prima facie showing that
  238  the child has committed a violation of law.
  239         Section 7. For the purpose of incorporating the amendment
  240  made by this act to section 985.26, Florida Statutes, in
  241  references thereto, subsection (2) and paragraphs (a) and (c) of
  242  subsection (3) of section 985.255, Florida Statutes, are
  243  reenacted to read:
  244         985.255 Detention criteria; detention hearing.—
  245         (2) A child who is charged with committing an offense that
  246  is classified as an act of domestic violence as defined in s.
  247  741.28 and whose risk assessment instrument indicates secure
  248  detention is not appropriate may be held in secure detention if
  249  the court makes specific written findings that:
  250         (a) Respite care for the child is not available.
  251         (b) It is necessary to place the child in secure detention
  252  in order to protect the victim from injury.
  254  The child may not be held in secure detention under this
  255  subsection for more than 48 hours unless ordered by the court.
  256  After 48 hours, the court shall hold a hearing if the state
  257  attorney or victim requests that secure detention be continued.
  258  The child may continue to be held in detention care if the court
  259  makes a specific, written finding that detention care is
  260  necessary to protect the victim from injury. However, the child
  261  may not be held in detention care beyond the time limits set
  262  forth in this section or s. 985.26.
  263         (3)(a) The purpose of the detention hearing required under
  264  subsection (1) is to determine the existence of probable cause
  265  that the child has committed the delinquent act or violation of
  266  law that he or she is charged with and the need for continued
  267  detention. Unless a child is detained under paragraph (1)(d) or
  268  paragraph (1)(e), the court shall use the results of the risk
  269  assessment performed by the department and, based on the
  270  criteria in subsection (1), shall determine the need for
  271  continued detention. If the child is a prolific juvenile
  272  offender who is detained under s. 985.26(2)(c), the court shall
  273  use the results of the risk assessment performed by the
  274  department and the criteria in subsection (1) or subsection (2)
  275  only to determine whether the prolific juvenile offender should
  276  be held in secure detention.
  277         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
  278  child is placed into detention care, or into a respite home or
  279  other placement pursuant to a court order following a hearing,
  280  the court order must include specific instructions that direct
  281  the release of the child from such placement no later than 5
  282  p.m. on the last day of the detention period specified in s.
  283  985.26 or s. 985.27, whichever is applicable, unless the
  284  requirements of such applicable provision have been met or an
  285  order of continuance has been granted under s. 985.26(4). If the
  286  court order does not include a release date, the release date
  287  shall be requested from the court on the same date that the
  288  child is placed in detention care. If a subsequent hearing is
  289  needed to provide additional information to the court for safety
  290  planning, the initial order placing the child in detention care
  291  shall reflect the next detention review hearing, which shall be
  292  held within 3 calendar days after the child’s initial detention
  293  placement.
  294         Section 8. For the purpose of incorporating the amendment
  295  made by this act to section 985.26, Florida Statutes, in a
  296  reference thereto, paragraph (a) of subsection (1) of section
  297  985.35, Florida Statutes, is reenacted to read:
  298         985.35 Adjudicatory hearings; withheld adjudications;
  299  orders of adjudication.—
  300         (1)(a) Except as provided in paragraph (b), the
  301  adjudicatory hearing must be held as soon as practicable after
  302  the petition alleging that a child has committed a delinquent
  303  act or violation of law is filed and in accordance with the
  304  Florida Rules of Juvenile Procedure; but reasonable delay for
  305  the purpose of investigation, discovery, or procuring counsel or
  306  witnesses shall be granted. If the child is being detained, the
  307  time limitations in s. 985.26(2) and (3) apply.
  308         Section 9. This act shall take effect July 1, 2018.