Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1552
Ì378810#Î378810
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Criminal and Civil Justice
(Bracy) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (11) of section
6 320.08058, Florida Statutes, is amended to read:
7 320.08058 Specialty license plates.—
8 (11) INVEST IN CHILDREN LICENSE PLATES.—
9 (b) The proceeds of the Invest in Children license plate
10 annual use fee must be deposited into the Juvenile Crime
11 Prevention and Early Intervention Trust Fund within the
12 Department of Juvenile Justice. Based on the recommendations of
13 the juvenile justice councils, the department shall use the
14 proceeds of the fee to fund programs and services that are
15 designed to prevent juvenile delinquency. The department shall
16 allocate moneys for programs and services within each county
17 based on that county’s proportionate share of the license plate
18 annual use fee collected by the county.
19 Section 2. Effective July 1, 2019, subsection (18) of
20 section 985.03, Florida Statutes, is amended to read:
21 985.03 Definitions.—As used in this chapter, the term:
22 (18) “Detention care” means the temporary care of a child
23 in secure or supervised release nonsecure detention, pending a
24 court adjudication or disposition or execution of a court order.
25 There are two types of detention care, as follows:
26 (a) “Secure detention” means temporary custody of the child
27 while the child is under the physical restriction of a secure
28 detention center or facility pending adjudication, disposition,
29 or placement.
30 (b) “Supervised release Nonsecure detention” means
31 temporary, nonsecure custody of the child while the child is
32 released to the custody of the parent, guardian, or custodian in
33 a physically nonrestrictive environment under the supervision of
34 the department staff pending adjudication, or disposition,
35 through programs that or placement. Forms of nonsecure detention
36 include, but are not limited to, home detention, electronic
37 monitoring, day reporting centers, evening reporting centers,
38 and nonsecure shelters. Supervised release Nonsecure detention
39 may include other requirements imposed by the court.
40 Section 3. Effective July 1, 2019, subsection (5) of
41 section 985.037, Florida Statutes, is amended to read:
42 985.037 Punishment for contempt of court; alternative
43 sanctions.—
44 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
45 position of alternative sanctions coordinator within each
46 judicial circuit, pursuant to subsection (3). Each alternative
47 sanctions coordinator shall serve under the direction of the
48 chief administrative judge of the juvenile division as directed
49 by the chief judge of the circuit. The alternative sanctions
50 coordinator shall act as the liaison between the judiciary,
51 local department officials, district school board employees, and
52 local law enforcement agencies. The alternative sanctions
53 coordinator shall coordinate within the circuit community-based
54 alternative sanctions, including supervised release nonsecure
55 detention programs, community service projects, and other
56 juvenile sanctions, in conjunction with the circuit plan
57 implemented in accordance with s. 790.22(4)(c).
58 Section 4. Effective July 1, 2019, paragraph (a) of
59 subsection (1) of section 985.039, Florida Statutes, is amended
60 to read:
61 985.039 Cost of supervision; cost of care.—
62 (1) Except as provided in subsection (3) or subsection (4):
63 (a) When any child is placed into supervised release
64 nonsecure detention, probation, or other supervision status with
65 the department, or is committed to the minimum-risk
66 nonresidential restrictiveness level, the court shall order the
67 parent of such child to pay to the department a fee for the cost
68 of the supervision of such child in the amount of $1 per day for
69 each day that the child is in such status.
70 Section 5. Effective July 1, 2019, paragraph (d) of
71 subsection (1) of section 985.101, Florida Statutes, is amended
72 to read:
73 985.101 Taking a child into custody.—
74 (1) A child may be taken into custody under the following
75 circumstances:
76 (d) By a law enforcement officer who has probable cause to
77 believe that the child is in violation of the conditions of the
78 child’s probation, supervised release nonsecure detention,
79 postcommitment probation, or conditional release supervision;
80 has absconded from nonresidential commitment; or has escaped
81 from residential commitment.
82
83 Nothing in this subsection shall be construed to allow the
84 detention of a child who does not meet the detention criteria in
85 part V.
86 Section 6. Effective July 1, 2019, subsections (2), (4),
87 and (5) of section 985.24, Florida Statutes, are amended to
88 read:
89 985.24 Use of detention; prohibitions.—
90 (2) A child alleged to have committed a delinquent act or
91 violation of law may not be placed into secure or supervised
92 release nonsecure detention care for any of the following
93 reasons:
94 (a) To allow a parent to avoid his or her legal
95 responsibility.
96 (b) To permit more convenient administrative access to the
97 child.
98 (c) To facilitate further interrogation or investigation.
99 (d) Due to a lack of more appropriate facilities.
100 (4) The department may, within its existing resources,
101 develop nonsecure, nonresidential evening reporting centers as
102 an alternative to placing a child in secure detention. Evening
103 reporting centers may be collocated with a juvenile assessment
104 center. If established, evening reporting centers shall serve
105 children and families who are awaiting a child’s court hearing
106 and, at a minimum, operate during the afternoon and evening
107 hours to provide a highly structured program of supervision.
108 Evening reporting centers may also provide academic tutoring,
109 counseling, family engagement programs, and other activities.
110 (4)(5) The department shall continue to identify and
111 develop supervised release detention options alternatives to
112 secure detention care and shall develop such alternatives and
113 annually submit them to the Legislature for authorization and
114 appropriation.
115 Section 7. Effective July 1, 2019, paragraph (b) of
116 subsection (2) and subsection (4) of section 985.245, Florida
117 Statutes, are amended to read:
118 985.245 Risk assessment instrument.—
119 (2)
120 (b) The risk assessment instrument shall take into
121 consideration, but need not be limited to, pending felony and
122 misdemeanor offenses, offenses committed pending adjudication,
123 prior offenses, unlawful possession of a firearm, prior history
124 of failure to appear, violations of supervision prior offenses,
125 offenses committed pending adjudication, any unlawful possession
126 of a firearm, theft of a motor vehicle or possession of a stolen
127 motor vehicle, and supervision probation status at the time the
128 child is taken into custody. The risk assessment instrument
129 shall also take into consideration all statutory mandates for
130 detention care appropriate aggravating and mitigating
131 circumstances, and shall be designed to target a narrower
132 population of children than s. 985.255. The risk assessment
133 instrument shall also include any information concerning the
134 child’s history of abuse and neglect. The risk assessment shall
135 indicate whether detention care is warranted, and, if detention
136 care is warranted, whether the child should be placed into
137 secure or supervised release nonsecure detention care.
138 (4) For a child who is under the supervision of the
139 department through probation, supervised release nonsecure
140 detention, conditional release, postcommitment probation, or
141 commitment and who is charged with committing a new offense, the
142 risk assessment instrument may be completed and scored based on
143 the underlying charge for which the child was placed under the
144 supervision of the department and the new offense.
145 Section 8. Effective July 1, 2019, paragraph (b) of
146 subsection (1) of section 985.25, Florida Statutes, is amended
147 to read:
148 985.25 Detention intake.—
149 (1) The department shall receive custody of a child who has
150 been taken into custody from the law enforcement agency or court
151 and shall review the facts in the law enforcement report or
152 probable cause affidavit and make such further inquiry as may be
153 necessary to determine whether detention care is appropriate.
154 (b) The department shall base the decision whether to place
155 the child into detention care on an assessment of risk in
156 accordance with the risk assessment instrument and procedures
157 developed by the department under s. 985.245, except that a
158 child shall be placed in secure detention care until the child’s
159 detention hearing if the child meets the criteria specified in
160 s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
161 discharging a firearm on school property in violation of s.
162 790.115, or has been taken into custody on three or more
163 separate occasions within a 60-day period.
164
165 Under no circumstances shall the department or the state
166 attorney or law enforcement officer authorize the detention of
167 any child in a jail or other facility intended or used for the
168 detention of adults, without an order of the court.
169 Section 9. Effective July 1, 2019, subsection (1) and
170 paragraph (a) of subsection (3) of section 985.255, Florida
171 Statutes, are amended to read:
172 985.255 Detention criteria; detention hearing.—
173 (1) Subject to s. 985.25(1), a child taken into custody and
174 placed into detention care shall be given a hearing within 24
175 hours after being taken into custody. At the hearing, the court
176 may order a continued detention status if:
177 (a) The result of the risk assessment instrument pursuant
178 to s. 985.245 indicates secure or supervised release detention.
179 (b) The child is alleged to be an escapee from a
180 residential commitment program; or an absconder from a
181 nonresidential commitment program, a probation program, or
182 conditional release supervision; or is alleged to have escaped
183 while being lawfully transported to or from a residential
184 commitment program.
185 (c)(b) The child is wanted in another jurisdiction for an
186 offense which, if committed by an adult, would be a felony.
187 (d)(c) The child is charged with a delinquent act or
188 violation of law and requests in writing through legal counsel
189 to be detained for protection from an imminent physical threat
190 to his or her personal safety.
191 (d) The child is charged with committing an offense of
192 domestic violence as defined in s. 741.28 and is detained as
193 provided in subsection (2).
194 (e) The child is charged with possession of or discharging
195 a firearm on school property in violation of s. 790.115 or the
196 illegal possession of a firearm.
197 (f) The child is charged with a capital felony, a life
198 felony, a felony of the first degree, a felony of the second
199 degree that does not involve a violation of chapter 893, or a
200 felony of the third degree that is also a crime of violence,
201 including any such offense involving the use or possession of a
202 firearm.
203 (g) The child is charged with any second degree or third
204 degree felony involving a violation of chapter 893 or any third
205 degree felony that is not also a crime of violence, and the
206 child:
207 1. Has a record of failure to appear at court hearings
208 after being properly notified in accordance with the Rules of
209 Juvenile Procedure;
210 2. Has a record of law violations prior to court hearings;
211 3. Has already been detained or has been released and is
212 awaiting final disposition of the case;
213 4. Has a record of violent conduct resulting in physical
214 injury to others; or
215 5. Is found to have been in possession of a firearm.
216 (h) The child is alleged to have violated the conditions of
217 the child’s probation or conditional release supervision.
218 However, a child detained under this paragraph may be held only
219 in a consequence unit as provided in s. 985.439. If a
220 consequence unit is not available, the child shall be placed on
221 nonsecure detention with electronic monitoring.
222 (e)(i) The child is detained on a judicial order for
223 failure to appear and has previously willfully failed to appear,
224 after proper notice:
225 1. For an adjudicatory hearing on the same case regardless
226 of the results of the risk assessment instrument; or
227 2. At two or more court hearings of any nature on the same
228 case regardless of the results of the risk assessment
229 instrument.
230
231 A child may be held in secure detention for up to 72 hours in
232 advance of the next scheduled court hearing pursuant to this
233 paragraph. The child’s failure to keep the clerk of court and
234 defense counsel informed of a current and valid mailing address
235 where the child will receive notice to appear at court
236 proceedings does not provide an adequate ground for excusal of
237 the child’s nonappearance at the hearings.
238 (f)(j) The child is a prolific juvenile offender. A child
239 is a prolific juvenile offender if the child:
240 1. Is charged with a delinquent act that would be a felony
241 if committed by an adult;
242 2. Has been adjudicated or had adjudication withheld for a
243 felony offense, or delinquent act that would be a felony if
244 committed by an adult, before the charge under subparagraph 1.;
245 and
246 3. In addition to meeting the requirements of subparagraphs
247 1. and 2., has five or more of any of the following, at least
248 three of which must have been for felony offenses or delinquent
249 acts that would have been felonies if committed by an adult:
250 a. An arrest event for which a disposition, as defined in
251 s. 985.26, has not been entered;
252 b. An adjudication; or
253 c. An adjudication withheld.
254
255 As used in this subparagraph, the term “arrest event” means an
256 arrest or referral for one or more criminal offenses or
257 delinquent acts arising out of the same episode, act, or
258 transaction.
259 (3)(a) The purpose of the detention hearing required under
260 subsection (1) is to determine the existence of probable cause
261 that the child has committed the delinquent act or violation of
262 law that he or she is charged with and the need for continued
263 detention. Unless a child is detained under paragraph (1)(d) or
264 paragraph (1)(e), The court shall use the results of the risk
265 assessment performed by the department and, based on the
266 criteria in subsection (1), shall determine the need for
267 continued detention. If the child is a prolific juvenile
268 offender who is detained under s. 985.26(2)(c), the court shall
269 use the results of the risk assessment performed by the
270 department and the criteria in subsection (1) or subsection (2)
271 only to determine whether the prolific juvenile offender should
272 be held in secure detention.
273 Section 10. Paragraph (d) is added to subsection (2) of
274 section 985.26, Florida Statutes, to read:
275 985.26 Length of detention.—
276 (2)
277 (d) A prolific juvenile offender under s. 985.255(1)(j) who
278 is taken into custody for a violation of the conditions of his
279 or her nonsecure detention must be held in secure detention
280 until a detention hearing is held.
281 Section 11. Effective July 1, 2019, paragraphs (c) and (d)
282 of subsection (2) and paragraph (b) of subsection (4) of section
283 985.26, Florida Statutes, as amended by this act, are amended to
284 read:
285 985.26 Length of detention.—
286 (2)
287 (c) A prolific juvenile offender under s. 985.255(1)(f)
288 985.255(1)(j) shall be placed on supervised release nonsecure
289 detention care with electronic monitoring or in secure detention
290 care under a special detention order until disposition. If
291 secure detention care is ordered by the court, it must be
292 authorized under this part and may not exceed:
293 1. Twenty-one days unless an adjudicatory hearing for the
294 case has been commenced in good faith by the court or the period
295 is extended by the court pursuant to paragraph (b); or
296 2. Fifteen days after the entry of an order of
297 adjudication.
298
299 As used in this paragraph, the term “disposition” means a
300 declination to file under s. 985.15(1)(h), the entry of nolle
301 prosequi for the charges, the filing of an indictment under s.
302 985.56 or an information under s. 985.557, a dismissal of the
303 case, or an order of final disposition by the court.
304 (d) A prolific juvenile offender under s. 985.255(1)(f)
305 985.255(1)(j) who is taken into custody for a violation of the
306 conditions of his or her supervised release nonsecure detention
307 must be held in secure detention until a detention hearing is
308 held.
309 (4)
310 (b) The period for supervised release nonsecure detention
311 care under this section is tolled on the date that the
312 department or a law enforcement officer alleges that the child
313 has violated a condition of the child’s supervised release
314 nonsecure detention care until the court enters a ruling on the
315 violation. Notwithstanding the tolling of supervised release
316 nonsecure detention care, the court retains jurisdiction over
317 the child for a violation of a condition of supervised release
318 nonsecure detention care during the tolling period. If the court
319 finds that a child has violated his or her supervised release
320 nonsecure detention care, the number of days that the child
321 served in any type of detention care before commission of the
322 violation shall be excluded from the time limits under
323 subsections (2) and (3).
324 Section 12. Effective July 1, 2019, subsection (1),
325 paragraph (b) of subsection (3), and paragraph (a) of subsection
326 (4) of section 985.265, Florida Statutes, are amended to read:
327 985.265 Detention transfer and release; education; adult
328 jails.—
329 (1) If a child is detained under this part, the department
330 may transfer the child from supervised release nonsecure
331 detention care to secure detention care only if significantly
332 changed circumstances warrant such transfer.
333 (3)
334 (b) When a juvenile is released from secure detention or
335 transferred to supervised release nonsecure detention, detention
336 staff shall immediately notify the appropriate law enforcement
337 agency, school personnel, and victim if the juvenile is charged
338 with committing any of the following offenses or attempting to
339 commit any of the following offenses:
340 1. Murder, under s. 782.04;
341 2. Sexual battery, under chapter 794;
342 3. Stalking, under s. 784.048; or
343 4. Domestic violence, as defined in s. 741.28.
344 (4)(a) While a child who is currently enrolled in school is
345 in supervised release nonsecure detention care, the child shall
346 continue to attend school unless otherwise ordered by the court.
347 Section 13. Effective July 1, 2019, paragraph (b) of
348 subsection (1) of section 985.35, Florida Statutes, is amended
349 to read:
350 985.35 Adjudicatory hearings; withheld adjudications;
351 orders of adjudication.—
352 (1)
353 (b) If the child is a prolific juvenile offender under s.
354 985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
355 held within 45 days after the child is taken into custody unless
356 a delay is requested by the child.
357 Section 14. Effective July 1, 2019, subsections (2) and (4)
358 of section 985.439, Florida Statutes, are amended to read:
359 985.439 Violation of probation or postcommitment
360 probation.—
361 (2) A child taken into custody under s. 985.101 for
362 violating the conditions of probation shall be screened and
363 detained or released based on his or her risk assessment
364 instrument score or postcommitment probation shall be held in a
365 consequence unit if such a unit is available. The child shall be
366 afforded a hearing within 24 hours after being taken into
367 custody to determine the existence of probable cause that the
368 child violated the conditions of probation or postcommitment
369 probation. A consequence unit is a secure facility specifically
370 designated by the department for children who are taken into
371 custody under s. 985.101 for violating probation or
372 postcommitment probation, or who have been found by the court to
373 have violated the conditions of probation or postcommitment
374 probation. If the violation involves a new charge of
375 delinquency, the child may be detained under part V in a
376 facility other than a consequence unit. If the child is not
377 eligible for detention for the new charge of delinquency, the
378 child may be held in the consequence unit pending a hearing and
379 is subject to the time limitations specified in part V.
380 (4) Upon the child’s admission, or if the court finds after
381 a hearing that the child has violated the conditions of
382 probation or postcommitment probation, the court shall enter an
383 order revoking, modifying, or continuing probation or
384 postcommitment probation. In each such case, the court shall
385 enter a new disposition order and, in addition to the sanctions
386 set forth in this section, may impose any sanction the court
387 could have imposed at the original disposition hearing. If the
388 child is found to have violated the conditions of probation or
389 postcommitment probation, the court may:
390 (a) Place the child in a consequence unit in that judicial
391 circuit, if available, for up to 5 days for a first violation
392 and up to 15 days for a second or subsequent violation.
393 (a)(b) Place the child in supervised release nonsecure
394 detention with electronic monitoring. However, this sanction may
395 be used only if a residential consequence unit is not available.
396 (b)(c) If the violation of probation is technical in nature
397 and not a new violation of law, place the child in an
398 alternative consequence program designed to provide swift and
399 appropriate consequences to any further violations of probation.
400 1. Alternative consequence programs shall be established,
401 within existing resources, at the local level in coordination
402 with law enforcement agencies, the chief judge of the circuit,
403 the state attorney, and the public defender.
404 2. Alternative consequence programs may be operated by an
405 entity such as a law enforcement agency, the department, a
406 juvenile assessment center, a county or municipality, or another
407 entity selected by the department.
408 3. Upon placing a child in an alternative consequence
409 program, the court must approve specific consequences for
410 specific violations of the conditions of probation.
411 (c)(d) Modify or continue the child’s probation program or
412 postcommitment probation program.
413 (d)(e) Revoke probation or postcommitment probation and
414 commit the child to the department.
415 Section 15. Effective July 1, 2019, paragraph (a) of
416 subsection (9) of section 985.601, Florida Statutes, is amended
417 to read:
418 985.601 Administering the juvenile justice continuum.—
419 (9)(a) The department shall operate a statewide, regionally
420 administered system of detention services for children, in
421 accordance with a comprehensive plan for the regional
422 administration of all detention services in the state. The plan
423 must provide for the maintenance of adequate availability of
424 detention services for all counties. The plan must cover all the
425 department’s operating circuits, with each operating circuit
426 having access to a secure facility and supervised release
427 nonsecure detention programs, and the plan may be altered or
428 modified by the Department of Juvenile Justice as necessary.
429 Section 16. Subsections (3) and (7) of section 985.672,
430 Florida Statutes, are amended to read:
431 985.672 Direct-support organization; definition; use of
432 property; board of directors; audit.—
433 (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
434 shall appoint a board of directors of the direct-support
435 organization. The board members shall be appointed according to
436 the organization’s bylaws Members of the organization must
437 include representatives from businesses, representatives from
438 each of the juvenile justice service districts, and one
439 representative appointed at large.
440 (7) REPEAL.—This section is repealed October 1, 2018,
441 unless reviewed and saved from repeal by the Legislature.
442 Section 17. Except as otherwise expressly provided in this
443 act, this act shall take effect July 1, 2018.
444
445 ================= T I T L E A M E N D M E N T ================
446 And the title is amended as follows:
447 Delete everything before the enacting clause
448 and insert:
449 A bill to be entitled
450 An act relating to juvenile justice; amending s.
451 320.08058, F.S.; allowing the Department of Highway
452 Safety and Motor Vehicles to distribute proceeds from
453 the Invest in Children license plate annual use fee on
454 a statewide basis; amending s. 985.03, F.S.; replacing
455 the term “nonsecure detention” with the term
456 “supervised release”; defining the term “supervised
457 release detention”; amending ss. 985.037, 985.039, and
458 985.101, F.S.; conforming provisions to changes made
459 by the act; amending s. 985.24, F.S.; deleting
460 provisions authorizing the Department of Juvenile
461 Justice to develop evening reporting centers;
462 conforming provisions to changes made by the act;
463 amending s. 985.245, F.S.; revising risk assessment
464 instrument considerations; conforming provisions to
465 changes made by the act; amending s. 985.25, F.S.;
466 deleting a provision requiring mandatory detention for
467 children taken into custody on three or more separate
468 occasions within a 60-day period; amending s. 985.255,
469 F.S.; revising the circumstances under which a
470 continued detention status may be ordered; amending s.
471 985.26, F.S.; requiring the department to hold a
472 prolific juvenile offender in secure detention pending
473 a detention hearing following a violation of nonsecure
474 detention; amending s. 985.26, F.S.; revising the
475 definition of the term “disposition”; conforming
476 provisions to changes made by the act; amending ss.
477 985.265 and 985.35, F.S.; conforming provisions to
478 changes made by the act; amending s. 985.439, F.S.;
479 deleting authorization for placement of a child in a
480 consequence unit in certain circumstances; allowing a
481 child who violates conditions of probation to be
482 detained or released based on the results of the
483 detention risk assessment instrument; conforming
484 provisions to changes made by the act; amending s.
485 985.601, F.S.; conforming provisions to changes made
486 by the act; amending s. 985.672, F.S.; requiring the
487 board of directors of the department’s direct-support
488 organization to be appointed according to the
489 organization’s bylaws; deleting the scheduled repeal
490 of provisions governing a direct-support organization
491 established by the department; providing effective
492 dates.