Florida Senate - 2018                                    SB 1552
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00904A-18                                          20181552__
    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; conforming a cross-reference; amending s.
   12         985.556, F.S.; increasing the age of a child at which
   13         a state attorney may, or is required to, request a
   14         court to transfer the child to adult court for
   15         criminal prosecution; amending s. 985.557, F.S.;
   16         increasing the age of a child at which a state
   17         attorney may, or is required to, file an information
   18         against the child for prosecution as an adult; making
   19         a technical change; requiring the department to begin
   20         collecting on a certain date specified information
   21         relating to children who qualify for prosecution as
   22         adults and for children who are transferred to adult
   23         court for criminal prosecution; requiring the
   24         department to work with the Office of Program Policy
   25         Analysis and Government Accountability (OPPAGA) to
   26         generate a report analyzing the data on juveniles
   27         transferred for criminal prosecution as adults during
   28         a certain period; requiring the department to provide
   29         the report to the Governor and the Legislature by a
   30         certain date; requiring the department to work with
   31         OPPAGA to generate an annual report that includes
   32         certain information, and to provide the report to the
   33         Governor and the Legislature by a specified date;
   34         amending s. 985.672, F.S.; requiring that a board of
   35         directors for the department’s direct-support
   36         organization be appointed according to the
   37         organization’s established bylaws; deleting a
   38         provision relating to membership of the organization;
   39         extending the date of a future repeal; reenacting ss.
   40         790.22(8), 985.115(2), 985.13(2), 985.255(2) and
   41         (3)(a) and (c), and 985.35(1)(a), F.S., relating to
   42         detention of a minor for committing a crime and using
   43         or possessing a firearm, releasing and delivery of a
   44         child from custody, probable cause affidavits,
   45         detention criteria and detention hearings, and
   46         adjudicatory hearings, respectively, to incorporate
   47         the amendment made to s. 985.26, F.S., in references
   48         thereto; reenacting s. 985.15(1), F.S., relating to
   49         filing decisions, to incorporate the amendment made to
   50         s. 985.556, F.S., in a reference thereto; reenacting
   51         ss. 985.265(5) and 985.565(4), F.S., relating to
   52         children in adult jails and sentencing alternatives
   53         for juveniles prosecuted as adults, respectively, to
   54         incorporate the amendments made to ss. 985.556 and
   55         985.557, F.S., in references thereto; reenacting s.
   56         985.26(2)(c), F.S., relating to the length of
   57         detention, to incorporate the amendment made to s.
   58         985.557, F.S., in a reference thereto; providing an
   59         effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (2) of section 985.26, Florida
   64  Statutes, is amended, and subsections (3) and (4) of that
   65  section are republished, to read:
   66         985.26 Length of detention.—
   67         (2)(a) Except as provided in paragraph (b) or paragraph
   68  (c), a child may not be held in detention care under a special
   69  detention order for more than 21 days unless an adjudicatory
   70  hearing for the case has been commenced in good faith by the
   71  court.
   72         (b) Upon good cause being shown that the nature of the
   73  charge requires additional time for the prosecution or defense
   74  of the case, the court may extend the length of detention for an
   75  additional 9 days if the child is charged with an offense that
   76  would be, if committed by an adult, a capital felony, a life
   77  felony, a felony of the first degree, or a felony of the second
   78  degree involving violence against any individual.
   79         (c)1. A prolific juvenile offender under s. 985.255(1)(j)
   80  shall be placed on nonsecure detention care with electronic
   81  monitoring or in secure detention care under a special detention
   82  order until disposition. If secure detention care is ordered by
   83  the court, it must be authorized under this part and may not
   84  exceed:
   85         a.1. Twenty-one days unless an adjudicatory hearing for the
   86  case has been commenced in good faith by the court or the period
   87  is extended by the court pursuant to paragraph (b); or
   88         b.2. Fifteen days after the entry of an order of
   89  adjudication.
   90         2. A prolific juvenile offender who is taken into custody
   91  for a violation of the conditions of his or her nonsecure
   92  detention must be held in secure detention until a detention
   93  hearing is held.
   94  
   95  As used in this paragraph, the term “disposition” means a
   96  declination to file under s. 985.15(1)(h), the entry of nolle
   97  prosequi for the charges, the filing of an indictment under s.
   98  985.56 or an information under s. 985.557, a dismissal of the
   99  case, or an order of final disposition by the court.
  100         (3) Except as provided in subsection (2), a child may not
  101  be held in detention care for more than 15 days following the
  102  entry of an order of adjudication.
  103         (4)(a) The time limits in subsections (2) and (3) do not
  104  include periods of delay resulting from a continuance granted by
  105  the court for cause on motion of the child or his or her counsel
  106  or of the state. Upon the issuance of an order granting a
  107  continuance for cause on a motion by either the child, the
  108  child’s counsel, or the state, the court shall conduct a hearing
  109  at the end of each 72-hour period, excluding Saturdays, Sundays,
  110  and legal holidays, to determine the need for continued
  111  detention of the child and the need for further continuance of
  112  proceedings for the child or the state.
  113         (b) The period for nonsecure detention care under this
  114  section is tolled on the date that the department or a law
  115  enforcement officer alleges that the child has violated a
  116  condition of the child’s nonsecure detention care until the
  117  court enters a ruling on the violation. Notwithstanding the
  118  tolling of nonsecure detention care, the court retains
  119  jurisdiction over the child for a violation of a condition of
  120  nonsecure detention care during the tolling period. If the court
  121  finds that a child has violated his or her nonsecure detention
  122  care, the number of days that the child served in any type of
  123  detention care before commission of the violation shall be
  124  excluded from the time limits under subsections (2) and (3).
  125         Section 2. Present subsections (7) through (10) of section
  126  985.433, Florida Statutes, are redesignated as subsections (8)
  127  through (11), respectively, a new subsection (7) is added to
  128  that section, and paragraph (c) of present subsection (7) is
  129  amended, to read:
  130         985.433 Disposition hearings in delinquency cases.—When a
  131  child has been found to have committed a delinquent act, the
  132  following procedures shall be applicable to the disposition of
  133  the case:
  134         (7) If the court determines that adjudication and
  135  commitment to the department are suitable, the court must
  136  receive and consider a predisposition report, including the
  137  department’s recommendation, before committing the child. The
  138  predisposition report is an indispensable prerequisite to
  139  commitment which cannot be waived by any party or by agreement
  140  of the parties.
  141         (8)(7) If the court determines that the child should be
  142  adjudicated as having committed a delinquent act and should be
  143  committed to the department, such determination shall be in
  144  writing or on the record of the hearing. The determination shall
  145  include a specific finding of the reasons for the decision to
  146  adjudicate and to commit the child to the department, including
  147  any determination that the child was a member of a criminal
  148  gang.
  149         (c) The court may also require that the child be placed in
  150  a probation program following the child’s discharge from
  151  commitment. Community-based sanctions under subsection (9) (8)
  152  may be imposed by the court at the disposition hearing or at any
  153  time before prior to the child’s release from commitment.
  154         Section 3. Subsections (2) and (3) of section 985.556,
  155  Florida Statutes, are amended to read:
  156         985.556 Waiver of juvenile court jurisdiction; hearing.—
  157         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
  158  subsection (3), the state attorney may file a motion requesting
  159  the court to transfer the child for criminal prosecution if the
  160  child was 15 14 years of age or older at the time the alleged
  161  delinquent act or violation of law was committed.
  162         (3) INVOLUNTARY MANDATORY WAIVER.—
  163         (a) If the child was 15 14 years of age or older, and if
  164  the child has been previously adjudicated delinquent for an act
  165  classified as a felony, which adjudication was for the
  166  commission of, attempt to commit, or conspiracy to commit
  167  murder, sexual battery, armed or strong-armed robbery,
  168  carjacking, home-invasion robbery, aggravated battery,
  169  aggravated assault, or burglary with an assault or battery, and
  170  the child is currently charged with a second or subsequent
  171  violent crime against a person; or
  172         (b) If the child was 15 14 years of age or older at the
  173  time of commission of a fourth or subsequent alleged felony
  174  offense and the child was previously adjudicated delinquent or
  175  had adjudication withheld for or was found to have committed, or
  176  to have attempted or conspired to commit, three offenses that
  177  are felony offenses if committed by an adult, and one or more of
  178  such felony offenses involved the use or possession of a firearm
  179  or violence against a person;
  180  
  181  the state attorney shall request the court to transfer and
  182  certify the child for prosecution as an adult or shall provide
  183  written reasons to the court for not making such request, or
  184  proceed under s. 985.557(1). Upon the state attorney’s request,
  185  the court shall either enter an order transferring the case and
  186  certifying the case for trial as if the child were an adult or
  187  provide written reasons for not issuing such an order.
  188         Section 4. Subsection (1) and paragraphs (a), (b), and (d)
  189  of subsection (2) of section 985.557, Florida Statutes, are
  190  amended, and subsection (5) is added to that section, to read:
  191         985.557 Direct filing of an information; discretionary and
  192  mandatory criteria.—
  193         (1) DISCRETIONARY DIRECT FILE.—
  194         (a) With respect to any child who was 14 or 15 or 16 years
  195  of age at the time the alleged offense was committed, the state
  196  attorney may file an information when in the state attorney’s
  197  judgment and discretion the public interest requires that adult
  198  sanctions be considered or imposed and when the offense charged
  199  is for the commission of, attempt to commit, or conspiracy to
  200  commit:
  201         1. Arson;
  202         2. Sexual battery;
  203         3. Robbery;
  204         4. Kidnapping;
  205         5. Aggravated child abuse;
  206         6. Aggravated assault;
  207         7. Aggravated stalking;
  208         8. Murder;
  209         9. Manslaughter;
  210         10. Unlawful throwing, placing, or discharging of a
  211  destructive device or bomb;
  212         11. Armed burglary in violation of s. 810.02(2)(b) or
  213  specified burglary of a dwelling or structure in violation of s.
  214  810.02(2)(c), or burglary with an assault or battery in
  215  violation of s. 810.02(2)(a);
  216         12. Aggravated battery;
  217         13. Any lewd or lascivious offense committed upon or in the
  218  presence of a person less than 16 years of age;
  219         14. Carrying, displaying, using, threatening, or attempting
  220  to use a weapon or firearm during the commission of a felony;
  221         15. Grand theft in violation of s. 812.014(2)(a);
  222         16. Possessing or discharging any weapon or firearm on
  223  school property in violation of s. 790.115;
  224         17. Home invasion robbery;
  225         18. Carjacking; or
  226         19. Grand theft of a motor vehicle in violation of s.
  227  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  228  $20,000 or more in violation of s. 812.014(2)(b) if the child
  229  has a previous adjudication for grand theft of a motor vehicle
  230  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  231         (b) With respect to any child who was 16 or 17 years of age
  232  at the time the alleged offense was committed, the state
  233  attorney may file an information when in the state attorney’s
  234  judgment and discretion the public interest requires that adult
  235  sanctions be considered or imposed. However, the state attorney
  236  may not file an information on a child charged with a
  237  misdemeanor, unless the child has had at least two previous
  238  adjudications or adjudications withheld for delinquent acts, one
  239  of which involved an offense classified as a felony under state
  240  law.
  241         (2) MANDATORY DIRECT FILE.—
  242         (a) With respect to any child who was 16 or 17 years of age
  243  at the time the alleged offense was committed, the state
  244  attorney shall file an information if the child has been
  245  previously adjudicated delinquent for an act classified as a
  246  felony, which adjudication was for the commission of, attempt to
  247  commit, or conspiracy to commit murder, sexual battery, armed or
  248  strong-armed robbery, carjacking, home-invasion robbery,
  249  aggravated battery, or aggravated assault, and the child is
  250  currently charged with a second or subsequent violent crime
  251  against a person.
  252         (b) With respect to any child 16 or 17 years of age at the
  253  time an offense classified as a forcible felony, as defined in
  254  s. 776.08, was committed, the state attorney shall file an
  255  information if the child has previously been adjudicated
  256  delinquent or had adjudication withheld for three acts
  257  classified as felonies each of which occurred at least 45 days
  258  apart from each other. This paragraph does not apply when the
  259  state attorney has good cause to believe that exceptional
  260  circumstances exist which preclude the just prosecution of the
  261  juvenile in adult court.
  262         (d)1. With respect to any child who was 16 or 17 years of
  263  age at the time the alleged offense was committed, the state
  264  attorney shall file an information if the child has been charged
  265  with committing or attempting to commit an offense listed in s.
  266  775.087(2)(a)1.a.-p., and, during the commission of or attempt
  267  to commit the offense, the child:
  268         a. Actually possessed a firearm or destructive device, as
  269  those terms are defined in s. 790.001.
  270         b. Discharged a firearm or destructive device, as described
  271  in s. 775.087(2)(a)2.
  272         c. Discharged a firearm or destructive device, as described
  273  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  274  or great bodily harm was inflicted upon any person.
  275         2. Upon transfer, any child who is:
  276         a. Charged under sub-subparagraph 1.a. and who has been
  277  previously adjudicated or had adjudication withheld for a
  278  forcible felony offense or any offense involving a firearm, or
  279  who has been previously placed in a residential commitment
  280  program, shall be subject to sentencing under s. 775.087(2)(a),
  281  notwithstanding s. 985.565.
  282         b. Charged under sub-subparagraph 1.b. or sub-subparagraph
  283  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  284  notwithstanding s. 985.565.
  285         3. Upon transfer, any child who is charged under this
  286  paragraph, but who does not meet the requirements specified in
  287  subparagraph 2., shall be sentenced under s. 985.565; however,
  288  if the court imposes a juvenile sanction, the court must commit
  289  the child to a high-risk or maximum-risk juvenile facility.
  290         4. This paragraph shall not apply if the state attorney has
  291  good cause to believe that exceptional circumstances exist that
  292  preclude the just prosecution of the child in adult court.
  293         5. The Department of Corrections shall make every
  294  reasonable effort to ensure that any child 16 or 17 years of age
  295  who is convicted and sentenced under this paragraph be
  296  completely separated such that there is no physical contact with
  297  adult offenders in the facility, to the extent that it is
  298  consistent with chapter 958.
  299         (5) DATA COLLECTION RELATING TO DIRECT FILE.—
  300         (a) Beginning March 1, 2019, the department shall collect
  301  data relating to children who qualify to be prosecuted as adults
  302  under s. 985.556 and this section, regardless of the outcome of
  303  the case, including, but not limited to:
  304         1. Age.
  305         2. Race and ethnicity.
  306         3. Gender.
  307         4. Circuit and county of residence.
  308         5. Circuit and county where the offense was committed.
  309         6. Prior adjudications or adjudications withheld.
  310         7. Prior periods of probation, including any violations of
  311  probation.
  312         8. Previous contacts with law enforcement agencies or the
  313  court which resulted in a civil citation, arrest, or charges
  314  being filed with the state.
  315         9. Initial charges.
  316         10. Charges at disposition.
  317         11. Whether child codefendants were involved who were
  318  transferred to adult court.
  319         12. Whether the child was represented by counsel or whether
  320  the child waived counsel.
  321         13. Risk assessment instrument score.
  322         14. The child’s medical, mental health, substance abuse,
  323  and trauma history.
  324         15. The child’s history of mental impairment or disability
  325  related accommodations.
  326         16. The child’s history of abuse or neglect.
  327         17. The child’s history of foster care placements,
  328  including the number of prior placements.
  329         18. Whether the child has below-average intellectual
  330  functioning.
  331         19. Whether the child has received mental health services
  332  or treatment.
  333         20. Whether the child has been the subject of a child-in
  334  need-of-services or families-in-need-of-services petition or a
  335  dependency petition.
  336         21. Whether the child was transferred for criminal
  337  prosecution as an adult and, if transferred, the provision of
  338  this section under which the prosecution is proceeding or
  339  proceeded.
  340         22. The case resolution in juvenile court.
  341         23. The case resolution in adult court.
  342         (b) Beginning March 1, 2019, for a child transferred for
  343  criminal prosecution as an adult, the department shall also
  344  collect:
  345         1. Disposition data, including, but not limited to, whether
  346  the child received adult sanctions, juvenile sanctions, or
  347  diversion and, if sentenced to prison, the length of the prison
  348  sentence or the enhanced sentence; and
  349         2. Whether the child was previously found incompetent to
  350  proceed in juvenile court.
  351         (c) For every juvenile case transferred to adult court
  352  between July 1, 2017, and June 30, 2018, the department shall
  353  work with the Office of Program Policy Analysis and Government
  354  Accountability to generate a report analyzing the data in
  355  paragraphs (a) and (b). The department must provide this report
  356  to the Governor, the President of the Senate, and the Speaker of
  357  the House of Representatives by January 31, 2019.
  358         (d) The department shall work with the Office of Program
  359  Policy Analysis and Government Accountability to generate a
  360  report analyzing the aggregated data collected under paragraphs
  361  (a) and (b) on an annual basis. The department must provide this
  362  report annually to the Governor, the President of the Senate,
  363  and the Speaker of the House of Representatives no later than
  364  January 31 of the following calendar year.
  365         Section 5. Subsections (3) and (7) of section 985.672,
  366  Florida Statutes, are amended to read:
  367         985.672 Direct-support organization; definition; use of
  368  property; board of directors; audit.—
  369         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
  370  shall appoint a board of directors of the direct-support
  371  organization according to the direct-support organization’s
  372  established bylaws. Members of the organization must include
  373  representatives from businesses, representatives from each of
  374  the juvenile justice service districts, and one representative
  375  appointed at large.
  376         (7) REPEAL.—This section is repealed October 1, 2028 2018,
  377  unless reviewed and saved from repeal by the Legislature.
  378         Section 6. For the purpose of incorporating the amendment
  379  made by this act to section 985.26, Florida Statutes, in a
  380  reference thereto, subsection (8) of section 790.22, Florida
  381  Statutes, is reenacted to read:
  382         790.22 Use of BB guns, air or gas-operated guns, or
  383  electric weapons or devices by minor under 16; limitation;
  384  possession of firearms by minor under 18 prohibited; penalties.—
  385         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  386  is charged with an offense that involves the use or possession
  387  of a firearm, including a violation of subsection (3), or is
  388  charged for any offense during the commission of which the minor
  389  possessed a firearm, the minor shall be detained in secure
  390  detention, unless the state attorney authorizes the release of
  391  the minor, and shall be given a hearing within 24 hours after
  392  being taken into custody. At the hearing, the court may order
  393  that the minor continue to be held in secure detention in
  394  accordance with the applicable time periods specified in s.
  395  985.26(1)-(5), if the court finds that the minor meets the
  396  criteria specified in s. 985.255, or if the court finds by clear
  397  and convincing evidence that the minor is a clear and present
  398  danger to himself or herself or the community. The Department of
  399  Juvenile Justice shall prepare a form for all minors charged
  400  under this subsection which states the period of detention and
  401  the relevant demographic information, including, but not limited
  402  to, the gender, age, and race of the minor; whether or not the
  403  minor was represented by private counsel or a public defender;
  404  the current offense; and the minor’s complete prior record,
  405  including any pending cases. The form shall be provided to the
  406  judge for determining whether the minor should be continued in
  407  secure detention under this subsection. An order placing a minor
  408  in secure detention because the minor is a clear and present
  409  danger to himself or herself or the community must be in
  410  writing, must specify the need for detention and the benefits
  411  derived by the minor or the community by placing the minor in
  412  secure detention, and must include a copy of the form provided
  413  by the department.
  414         Section 7. For the purpose of incorporating the amendment
  415  made by this act to section 985.26, Florida Statutes, in a
  416  reference thereto, subsection (2) of section 985.115, Florida
  417  Statutes, is reenacted to read:
  418         985.115 Release or delivery from custody.—
  419         (2) Unless otherwise ordered by the court under s. 985.255
  420  or s. 985.26, and unless there is a need to hold the child, a
  421  person taking a child into custody shall attempt to release the
  422  child as follows:
  423         (a) To the child’s parent, guardian, or legal custodian or,
  424  if the child’s parent, guardian, or legal custodian is
  425  unavailable, unwilling, or unable to provide supervision for the
  426  child, to any responsible adult. Prior to releasing the child to
  427  a responsible adult, other than the parent, guardian, or legal
  428  custodian, the person taking the child into custody may conduct
  429  a criminal history background check of the person to whom the
  430  child is to be released. If the person has a prior felony
  431  conviction, or a conviction for child abuse, drug trafficking,
  432  or prostitution, that person is not a responsible adult for the
  433  purposes of this section. The person to whom the child is
  434  released shall agree to inform the department or the person
  435  releasing the child of the child’s subsequent change of address
  436  and to produce the child in court at such time as the court may
  437  direct, and the child shall join in the agreement.
  438         (b) Contingent upon specific appropriation, to a shelter
  439  approved by the department or to an authorized agent.
  440         (c) If the child is believed to be suffering from a serious
  441  physical condition which requires either prompt diagnosis or
  442  prompt treatment, to a law enforcement officer who shall deliver
  443  the child to a hospital for necessary evaluation and treatment.
  444         (d) If the child is believed to be mentally ill as defined
  445  in s. 394.463(1), to a law enforcement officer who shall take
  446  the child to a designated public receiving facility as defined
  447  in s. 394.455 for examination under s. 394.463.
  448         (e) If the child appears to be intoxicated and has
  449  threatened, attempted, or inflicted physical harm on himself or
  450  herself or another, or is incapacitated by substance abuse, to a
  451  law enforcement officer who shall deliver the child to a
  452  hospital, addictions receiving facility, or treatment resource.
  453         (f) If available, to a juvenile assessment center equipped
  454  and staffed to assume custody of the child for the purpose of
  455  assessing the needs of the child in custody. The center may then
  456  release or deliver the child under this section with a copy of
  457  the assessment.
  458         Section 8. For the purpose of incorporating the amendment
  459  made by this act to section 985.26, Florida Statutes, in a
  460  reference thereto, subsection (2) of section 985.13, Florida
  461  Statutes, is reenacted to read:
  462         985.13 Probable cause affidavits.—
  463         (2) A person taking a child into custody who determines,
  464  under part V, that the child should be detained or released to a
  465  shelter designated by the department, shall make a reasonable
  466  effort to immediately notify the parent, guardian, or legal
  467  custodian of the child and shall, without unreasonable delay,
  468  deliver the child to the appropriate juvenile probation officer
  469  or, if the court has so ordered under s. 985.255 or s. 985.26,
  470  to a detention center or facility. Upon delivery of the child,
  471  the person taking the child into custody shall make a written
  472  report or probable cause affidavit to the appropriate juvenile
  473  probation officer. Such written report or probable cause
  474  affidavit must:
  475         (a) Identify the child and, if known, the parents,
  476  guardian, or legal custodian.
  477         (b) Establish that the child was legally taken into
  478  custody, with sufficient information to establish the
  479  jurisdiction of the court and to make a prima facie showing that
  480  the child has committed a violation of law.
  481         Section 9. For the purpose of incorporating the amendment
  482  made by this act to section 985.26, Florida Statutes, in a
  483  reference thereto, subsection (2) and paragraphs (a) and (c) of
  484  subsection (3) of section 985.255, Florida Statutes, are
  485  reenacted to read:
  486         985.255 Detention criteria; detention hearing.—
  487         (2) A child who is charged with committing an offense that
  488  is classified as an act of domestic violence as defined in s.
  489  741.28 and whose risk assessment instrument indicates secure
  490  detention is not appropriate may be held in secure detention if
  491  the court makes specific written findings that:
  492         (a) Respite care for the child is not available.
  493         (b) It is necessary to place the child in secure detention
  494  in order to protect the victim from injury.
  495  
  496  The child may not be held in secure detention under this
  497  subsection for more than 48 hours unless ordered by the court.
  498  After 48 hours, the court shall hold a hearing if the state
  499  attorney or victim requests that secure detention be continued.
  500  The child may continue to be held in detention care if the court
  501  makes a specific, written finding that detention care is
  502  necessary to protect the victim from injury. However, the child
  503  may not be held in detention care beyond the time limits set
  504  forth in this section or s. 985.26.
  505         (3)(a) The purpose of the detention hearing required under
  506  subsection (1) is to determine the existence of probable cause
  507  that the child has committed the delinquent act or violation of
  508  law that he or she is charged with and the need for continued
  509  detention. Unless a child is detained under paragraph (1)(d) or
  510  paragraph (1)(e), the court shall use the results of the risk
  511  assessment performed by the department and, based on the
  512  criteria in subsection (1), shall determine the need for
  513  continued detention. If the child is a prolific juvenile
  514  offender who is detained under s. 985.26(2)(c), the court shall
  515  use the results of the risk assessment performed by the
  516  department and the criteria in subsection (1) or subsection (2)
  517  only to determine whether the prolific juvenile offender should
  518  be held in secure detention.
  519         (c) Except as provided in s. 790.22(8) or s. 985.27, when a
  520  child is placed into detention care, or into a respite home or
  521  other placement pursuant to a court order following a hearing,
  522  the court order must include specific instructions that direct
  523  the release of the child from such placement no later than 5
  524  p.m. on the last day of the detention period specified in s.
  525  985.26 or s. 985.27, whichever is applicable, unless the
  526  requirements of such applicable provision have been met or an
  527  order of continuance has been granted under s. 985.26(4). If the
  528  court order does not include a release date, the release date
  529  shall be requested from the court on the same date that the
  530  child is placed in detention care. If a subsequent hearing is
  531  needed to provide additional information to the court for safety
  532  planning, the initial order placing the child in detention care
  533  shall reflect the next detention review hearing, which shall be
  534  held within 3 calendar days after the child’s initial detention
  535  placement.
  536         Section 10. For the purpose of incorporating the amendment
  537  made by this act to section 985.26, Florida Statutes, in a
  538  reference thereto, paragraph (a) of subsection (1) of section
  539  985.35, Florida Statutes, is reenacted to read:
  540         985.35 Adjudicatory hearings; withheld adjudications;
  541  orders of adjudication.—
  542         (1)(a) Except as provided in paragraph (b), the
  543  adjudicatory hearing must be held as soon as practicable after
  544  the petition alleging that a child has committed a delinquent
  545  act or violation of law is filed and in accordance with the
  546  Florida Rules of Juvenile Procedure; but reasonable delay for
  547  the purpose of investigation, discovery, or procuring counsel or
  548  witnesses shall be granted. If the child is being detained, the
  549  time limitations in s. 985.26(2) and (3) apply.
  550         Section 11. For the purpose of incorporating the amendment
  551  made by this act to section 985.556, Florida Statutes, in a
  552  reference thereto, subsection (1) of section 985.15, Florida
  553  Statutes, is reenacted to read:
  554         985.15 Filing decisions.—
  555         (1) The state attorney may in all cases take action
  556  independent of the action or lack of action of the juvenile
  557  probation officer and shall determine the action that is in the
  558  best interest of the public and the child. If the child meets
  559  the criteria requiring prosecution as an adult under s. 985.556,
  560  the state attorney shall request the court to transfer and
  561  certify the child for prosecution as an adult or shall provide
  562  written reasons to the court for not making such a request. In
  563  all other cases, the state attorney may:
  564         (a) File a petition for dependency;
  565         (b) File a petition under chapter 984;
  566         (c) File a petition for delinquency;
  567         (d) File a petition for delinquency with a motion to
  568  transfer and certify the child for prosecution as an adult;
  569         (e) File an information under s. 985.557;
  570         (f) Refer the case to a grand jury;
  571         (g) Refer the child to a diversionary, pretrial
  572  intervention, arbitration, or mediation program, or to some
  573  other treatment or care program if such program commitment is
  574  voluntarily accepted by the child or the child’s parents or
  575  legal guardian; or
  576         (h) Decline to file.
  577         Section 12. For the purpose of incorporating the amendments
  578  made by this act to sections 985.556 and 985.557, Florida
  579  Statutes, in references thereto, subsection (5) of section
  580  985.265, Florida Statutes, is reenacted to read:
  581         985.265 Detention transfer and release; education; adult
  582  jails.—
  583         (5) The court shall order the delivery of a child to a jail
  584  or other facility intended or used for the detention of adults:
  585         (a) When the child has been transferred or indicted for
  586  criminal prosecution as an adult under part X, except that the
  587  court may not order or allow a child alleged to have committed a
  588  misdemeanor who is being transferred for criminal prosecution
  589  pursuant to either s. 985.556 or s. 985.557 to be detained or
  590  held in a jail or other facility intended or used for the
  591  detention of adults; however, such child may be held temporarily
  592  in a detention facility; or
  593         (b) When a child taken into custody in this state is wanted
  594  by another jurisdiction for prosecution as an adult.
  595  
  596  The child shall be housed separately from adult inmates to
  597  prohibit a child from having regular contact with incarcerated
  598  adults, including trusties. “Regular contact” means sight and
  599  sound contact. Separation of children from adults shall permit
  600  no more than haphazard or accidental contact. The receiving jail
  601  or other facility shall contain a separate section for children
  602  and shall have an adequate staff to supervise and monitor the
  603  child’s activities at all times. Supervision and monitoring of
  604  children includes physical observation and documented checks by
  605  jail or receiving facility supervisory personnel at intervals
  606  not to exceed 10 minutes. This subsection does not prohibit
  607  placing two or more children in the same cell. Under no
  608  circumstances shall a child be placed in the same cell with an
  609  adult.
  610         Section 13. For the purpose of incorporating the amendments
  611  made by this act to sections 985.556 and 985.557, Florida
  612  Statutes, in references thereto, subsection (4) of section
  613  985.565, Florida Statutes, is reenacted to read:
  614         985.565 Sentencing powers; procedures; alternatives for
  615  juveniles prosecuted as adults.—
  616         (4) SENTENCING ALTERNATIVES.—
  617         (a) Adult sanctions.—
  618         1. Cases prosecuted on indictment.—If the child is found to
  619  have committed the offense punishable by death or life
  620  imprisonment, the child shall be sentenced as an adult. If the
  621  juvenile is not found to have committed the indictable offense
  622  but is found to have committed a lesser included offense or any
  623  other offense for which he or she was indicted as a part of the
  624  criminal episode, the court may sentence as follows:
  625         a. As an adult;
  626         b. Under chapter 958; or
  627         c. As a juvenile under this section.
  628         2. Other cases.—If a child who has been transferred for
  629  criminal prosecution pursuant to information or waiver of
  630  juvenile court jurisdiction is found to have committed a
  631  violation of state law or a lesser included offense for which he
  632  or she was charged as a part of the criminal episode, the court
  633  may sentence as follows:
  634         a. As an adult;
  635         b. Under chapter 958; or
  636         c. As a juvenile under this section.
  637         3. Notwithstanding any other provision to the contrary, if
  638  the state attorney is required to file a motion to transfer and
  639  certify the juvenile for prosecution as an adult under s.
  640  985.556(3) and that motion is granted, or if the state attorney
  641  is required to file an information under s. 985.557(2)(a) or
  642  (b), the court must impose adult sanctions.
  643         4. Any sentence imposing adult sanctions is presumed
  644  appropriate, and the court is not required to set forth specific
  645  findings or enumerate the criteria in this subsection as any
  646  basis for its decision to impose adult sanctions.
  647         5. When a child has been transferred for criminal
  648  prosecution as an adult and has been found to have committed a
  649  violation of state law, the disposition of the case may include
  650  the enforcement of any restitution ordered in any juvenile
  651  proceeding.
  652         (b) Juvenile sanctions.—For juveniles transferred to adult
  653  court but who do not qualify for such transfer under s.
  654  985.556(3) or s. 985.557(2)(a) or (b), the court may impose
  655  juvenile sanctions under this paragraph. If juvenile sentences
  656  are imposed, the court shall, under this paragraph, adjudge the
  657  child to have committed a delinquent act. Adjudication of
  658  delinquency shall not be deemed a conviction, nor shall it
  659  operate to impose any of the civil disabilities ordinarily
  660  resulting from a conviction. The court shall impose an adult
  661  sanction or a juvenile sanction and may not sentence the child
  662  to a combination of adult and juvenile punishments. An adult
  663  sanction or a juvenile sanction may include enforcement of an
  664  order of restitution or probation previously ordered in any
  665  juvenile proceeding. However, if the court imposes a juvenile
  666  sanction and the department determines that the sanction is
  667  unsuitable for the child, the department shall return custody of
  668  the child to the sentencing court for further proceedings,
  669  including the imposition of adult sanctions. Upon adjudicating a
  670  child delinquent under subsection (1), the court may:
  671         1. Place the child in a probation program under the
  672  supervision of the department for an indeterminate period of
  673  time until the child reaches the age of 19 years or sooner if
  674  discharged by order of the court.
  675         2. Commit the child to the department for treatment in an
  676  appropriate program for children for an indeterminate period of
  677  time until the child is 21 or sooner if discharged by the
  678  department. The department shall notify the court of its intent
  679  to discharge no later than 14 days prior to discharge. Failure
  680  of the court to timely respond to the department’s notice shall
  681  be considered approval for discharge.
  682         3. Order disposition under ss. 985.435, 985.437, 985.439,
  683  985.441, 985.45, and 985.455 as an alternative to youthful
  684  offender or adult sentencing if the court determines not to
  685  impose youthful offender or adult sanctions.
  686         (c) Adult sanctions upon failure of juvenile sanctions.—If
  687  a child proves not to be suitable to a commitment program,
  688  juvenile probation program, or treatment program under paragraph
  689  (b), the department shall provide the sentencing court with a
  690  written report outlining the basis for its objections to the
  691  juvenile sanction and shall simultaneously provide a copy of the
  692  report to the state attorney and the defense counsel. The
  693  department shall schedule a hearing within 30 days. Upon
  694  hearing, the court may revoke the previous adjudication, impose
  695  an adjudication of guilt, and impose any sentence which it may
  696  lawfully impose, giving credit for all time spent by the child
  697  in the department. The court may also classify the child as a
  698  youthful offender under s. 958.04, if appropriate. For purposes
  699  of this paragraph, a child may be found not suitable to a
  700  commitment program, community control program, or treatment
  701  program under paragraph (b) if the child commits a new violation
  702  of law while under juvenile sanctions, if the child commits any
  703  other violation of the conditions of juvenile sanctions, or if
  704  the child’s actions are otherwise determined by the court to
  705  demonstrate a failure of juvenile sanctions.
  706         (d) Further proceedings heard in adult court.—When a child
  707  is sentenced to juvenile sanctions, further proceedings
  708  involving those sanctions shall continue to be heard in the
  709  adult court.
  710         (e) School attendance.—If the child is attending or is
  711  eligible to attend public school and the court finds that the
  712  victim or a sibling of the victim in the case is attending or
  713  may attend the same school as the child, the court placement
  714  order shall include a finding pursuant to the proceeding
  715  described in s. 985.455(2), regardless of whether adjudication
  716  is withheld.
  717  
  718  It is the intent of the Legislature that the criteria and
  719  guidelines in this subsection are mandatory and that a
  720  determination of disposition under this subsection is subject to
  721  the right of the child to appellate review under s. 985.534.
  722         Section 14. For the purpose of incorporating the amendment
  723  made by this act to section 985.557, Florida Statutes, in a
  724  reference thereto, paragraph (c) of subsection (2) of section
  725  985.26, Florida Statutes, is reenacted to read:
  726         985.26 Length of detention.—
  727         (2)
  728         (c) A prolific juvenile offender under s. 985.255(1)(j)
  729  shall be placed on nonsecure detention care with electronic
  730  monitoring or in secure detention care under a special detention
  731  order until disposition. If secure detention care is ordered by
  732  the court, it must be authorized under this part and may not
  733  exceed:
  734         1. Twenty-one days unless an adjudicatory hearing for the
  735  case has been commenced in good faith by the court or the period
  736  is extended by the court pursuant to paragraph (b); or
  737         2. Fifteen days after the entry of an order of
  738  adjudication.
  739  
  740  As used in this paragraph, the term “disposition” means a
  741  declination to file under s. 985.15(1)(h), the entry of nolle
  742  prosequi for the charges, the filing of an indictment under s.
  743  985.56 or an information under s. 985.557, a dismissal of the
  744  case, or an order of final disposition by the court.
  745         Section 15. This act shall take effect July 1, 2018.