Florida Senate - 2020                                     SB 578
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00741-20                                            2020578__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.03, F.S.; redefining the term “child”; creating s.
    4         985.031, F.S.; prohibiting children younger than a
    5         certain age from being adjudicated delinquent,
    6         arrested, or charged with a crime; amending s.
    7         985.101, F.S.; authorizing children of at least a
    8         specified age, rather than of any age, to be taken
    9         into custody under certain circumstances; authorizing
   10         children of specified ages to be taken into custody or
   11         arrested only under certain circumstances; providing
   12         construction; authorizing a child enrolled in a
   13         primary or secondary school to be taken into custody
   14         or arrested only under certain circumstances;
   15         providing construction; amending s. 985.24, F.S.;
   16         requiring that children who are taken into custody
   17         pursuant to certain circuit court orders be treated in
   18         a specified manner and be detained only pursuant to
   19         specified findings; reenacting s. 316.003(11), F.S.,
   20         relating to the definition of the term “child,” to
   21         incorporate the amendment made to s. 985.03, F.S., in
   22         a reference thereto; reenacting ss. 960.001(1)(b) and
   23         985.439(2), F.S., both relating to children being
   24         taken into custody, to incorporate the amendment made
   25         to s. 985.101, F.S., in references thereto; reenacting
   26         s. 985.25(1), F.S., relating to a detention intake, to
   27         incorporate the amendment made to s. 985.24, F.S., in
   28         a reference thereto; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (7) of section 985.03, Florida
   33  Statutes, is amended to read:
   34         985.03 Definitions.—As used in this chapter, the term:
   35         (7) “Child,or “juvenile,” or “youth” means any person 12
   36  years of age or older but younger than 18 years of age under the
   37  age of 18 or any person who is alleged to have committed a
   38  violation of law occurring after the person reached 12 years of
   39  age or older and before prior to the time that person reached
   40  the age of 18 years of age.
   41         Section 2. Section 985.031, Florida Statutes, is created to
   42  read:
   43         985.031 Children incapable of committing crimes.—Children
   44  younger than 12 years of age are incapable of the mental
   45  culpability needed to commit crimes and, therefore, may not be
   46  adjudicated delinquent, arrested, or charged with a crime on the
   47  basis of acts occurring before they reach such age.
   48         Section 3. Subsection (1) of section 985.101, Florida
   49  Statutes, is amended, and subsections (5) and (6) are added to
   50  that section, to read:
   51         985.101 Taking a child into custody.—
   52         (1) A child 15 years of age or older may be taken into
   53  custody under the following circumstances:
   54         (a) Pursuant to an order of the circuit court issued under
   55  this chapter, based upon sworn testimony, either before or after
   56  a petition is filed.
   57         (b) For a delinquent act or violation of law, pursuant to
   58  Florida law pertaining to a lawful arrest. If such delinquent
   59  act or violation of law would be a felony if committed by an
   60  adult or involves a crime of violence, the arresting authority
   61  shall immediately notify the district school superintendent, or
   62  the superintendent’s designee, of the school district with
   63  educational jurisdiction of the child. Such notification must
   64  shall include other education providers, such as the Florida
   65  School for the Deaf and the Blind, university developmental
   66  research schools, and private elementary and secondary schools.
   67  The information obtained by the superintendent of schools
   68  pursuant to this section must be released within 48 hours after
   69  receipt to appropriate school personnel, including the principal
   70  of the child’s school, or as otherwise provided by law. The
   71  principal must immediately notify the child’s immediate
   72  classroom teachers. Information provided by an arresting
   73  authority under this paragraph may not be placed in the
   74  student’s permanent record and must shall be removed from all
   75  school records no later than 9 months after the date of the
   76  arrest.
   77         (c) By a law enforcement officer for failing to appear at a
   78  court hearing after being properly noticed.
   79         (d) By a law enforcement officer who has probable cause to
   80  believe that the child is in violation of the conditions of the
   81  child’s probation, supervised release detention, postcommitment
   82  probation, or conditional release supervision; has absconded
   83  from nonresidential commitment; or has escaped from residential
   84  commitment.
   85  
   86  This Nothing in this subsection may not shall be construed to
   87  allow the detention of a child who does not meet the detention
   88  criteria in part V of this chapter.
   89         (5)A child 12 years of age or older but 14 years of age or
   90  younger may be taken into custody or arrested only under any of
   91  the following circumstances:
   92         (a)By a law enforcement officer for failing to appear at a
   93  court hearing after being properly noticed.
   94         (b)By a law enforcement officer who has probable cause to
   95  believe that the child has absconded from a nonresidential
   96  commitment or has escaped from a residential commitment.
   97         (c)By a law enforcement officer who has probable cause to
   98  believe that detention is necessary to prevent an imminent
   99  threat of serious bodily harm to another individual.
  100  
  101  This subsection may not be construed to allow the detention of a
  102  child who does not meet the detention criteria in part V of this
  103  chapter.
  104         (6)A child enrolled in a primary or secondary school may
  105  be taken into custody or arrested at the school they attend only
  106  under any the following circumstances:
  107         (a)By a law enforcement officer for failing to appear at a
  108  court hearing after being properly noticed.
  109         (b)By a law enforcement officer who has probable cause to
  110  believe that detention is necessary to prevent an imminent
  111  threat of serious bodily harm to another individual.
  112  
  113  This subsection may not be construed to allow the detention of a
  114  child who does not meet the detention criteria in part V of this
  115  chapter.
  116         Section 4. Present subsection (4) of section 985.24,
  117  Florida Statutes, is redesignated as subsection (5), and a new
  118  subsection (4) is added to that section, to read:
  119         985.24 Use of detention; prohibitions.—
  120         (4)A child who is taken into custody pursuant to a
  121  summons, an arrest warrant, or other circuit court order that
  122  does not explicitly require detention, must be treated in the
  123  same manner as a child taken into custody under s. 985.101(1)(b)
  124  and may be detained only pursuant to a finding under subsection
  125  (1).
  126         Section 5. For the purpose of incorporating the amendment
  127  made by this act to section 985.03, Florida Statutes, in a
  128  reference thereto, subsection (11) of section 316.003, Florida
  129  Statutes, is reenacted to read:
  130         316.003 Definitions.—The following words and phrases, when
  131  used in this chapter, shall have the meanings respectively
  132  ascribed to them in this section, except where the context
  133  otherwise requires:
  134         (11) CHILD.—A child as defined in s. 39.01, s. 984.03, or
  135  s. 985.03.
  136         Section 6. For the purpose of incorporating the amendment
  137  made by this act to section 985.101, Florida Statutes, in a
  138  reference thereto, paragraph (b) of subsection (1) of section
  139  960.001, Florida Statutes, is reenacted to read:
  140         960.001 Guidelines for fair treatment of victims and
  141  witnesses in the criminal justice and juvenile justice systems.—
  142         (1) The Department of Legal Affairs, the state attorneys,
  143  the Department of Corrections, the Department of Juvenile
  144  Justice, the Florida Commission on Offender Review, the State
  145  Courts Administrator and circuit court administrators, the
  146  Department of Law Enforcement, and every sheriff’s department,
  147  police department, or other law enforcement agency as defined in
  148  s. 943.10(4) shall develop and implement guidelines for the use
  149  of their respective agencies, which guidelines are consistent
  150  with the purposes of this act and s. 16(b), Art. I of the State
  151  Constitution and are designed to implement s. 16(b), Art. I of
  152  the State Constitution and to achieve the following objectives:
  153         (b) Information for purposes of notifying victim or
  154  appropriate next of kin of victim or other designated contact of
  155  victim.—In the case of a homicide, pursuant to chapter 782; or a
  156  sexual offense, pursuant to chapter 794; or an attempted murder
  157  or sexual offense, pursuant to chapter 777; or stalking,
  158  pursuant to s. 784.048; or domestic violence, pursuant to s.
  159  25.385:
  160         1. The arresting law enforcement officer or personnel of an
  161  organization that provides assistance to a victim or to the
  162  appropriate next of kin of the victim or other designated
  163  contact must request that the victim or appropriate next of kin
  164  of the victim or other designated contact complete a victim
  165  notification card. However, the victim or appropriate next of
  166  kin of the victim or other designated contact may choose not to
  167  complete the victim notification card.
  168         2. Unless the victim or the appropriate next of kin of the
  169  victim or other designated contact waives the option to complete
  170  the victim notification card, a copy of the victim notification
  171  card must be filed with the incident report or warrant in the
  172  sheriff’s office of the jurisdiction in which the incident
  173  report or warrant originated. The notification card shall, at a
  174  minimum, consist of:
  175         a. The name, address, and phone number of the victim; or
  176         b. The name, address, and phone number of the appropriate
  177  next of kin of the victim; or
  178         c. The name, address, and telephone number of a designated
  179  contact other than the victim or appropriate next of kin of the
  180  victim; and
  181         d. Any relevant identification or case numbers assigned to
  182  the case.
  183         3. The chief administrator, or a person designated by the
  184  chief administrator, of a county jail, municipal jail, juvenile
  185  detention facility, or residential commitment facility shall
  186  make a reasonable attempt to notify the alleged victim or
  187  appropriate next of kin of the alleged victim or other
  188  designated contact within 4 hours following the release of the
  189  defendant on bail or, in the case of a juvenile offender, upon
  190  the release from residential detention or commitment. If the
  191  chief administrator, or designee, is unable to contact the
  192  alleged victim or appropriate next of kin of the alleged victim
  193  or other designated contact by telephone, the chief
  194  administrator, or designee, must send to the alleged victim or
  195  appropriate next of kin of the alleged victim or other
  196  designated contact a written notification of the defendant’s
  197  release.
  198         4. Unless otherwise requested by the victim or the
  199  appropriate next of kin of the victim or other designated
  200  contact, the information contained on the victim notification
  201  card must be sent by the chief administrator, or designee, of
  202  the appropriate facility to the subsequent correctional or
  203  residential commitment facility following the sentencing and
  204  incarceration of the defendant, and unless otherwise requested
  205  by the victim or the appropriate next of kin of the victim or
  206  other designated contact, he or she must be notified of the
  207  release of the defendant from incarceration as provided by law.
  208         5. If the defendant was arrested pursuant to a warrant
  209  issued or taken into custody pursuant to s. 985.101 in a
  210  jurisdiction other than the jurisdiction in which the defendant
  211  is being released, and the alleged victim or appropriate next of
  212  kin of the alleged victim or other designated contact does not
  213  waive the option for notification of release, the chief
  214  correctional officer or chief administrator of the facility
  215  releasing the defendant shall make a reasonable attempt to
  216  immediately notify the chief correctional officer of the
  217  jurisdiction in which the warrant was issued or the juvenile was
  218  taken into custody pursuant to s. 985.101, and the chief
  219  correctional officer of that jurisdiction shall make a
  220  reasonable attempt to notify the alleged victim or appropriate
  221  next of kin of the alleged victim or other designated contact,
  222  as provided in this paragraph, that the defendant has been or
  223  will be released.
  224         Section 7. For the purpose of incorporating the amendment
  225  made by this act to section 985.101, Florida Statutes, in a
  226  reference thereto, subsection (2) of section 985.439, Florida
  227  Statutes, is reenacted to read:
  228         985.439 Violation of probation or postcommitment
  229  probation.—
  230         (2) A child taken into custody under s. 985.101 for
  231  violating the conditions of probation shall be screened and
  232  detained or released based on his or her risk assessment
  233  instrument score.
  234         Section 8. For the purpose of incorporating the amendment
  235  made by this act to section 985.24, Florida Statutes, in a
  236  reference thereto, subsection (1) of section 985.25, Florida
  237  Statutes, is reenacted to read:
  238         985.25 Detention intake.—
  239         (1) The department shall receive custody of a child who has
  240  been taken into custody from the law enforcement agency or court
  241  and shall review the facts in the law enforcement report or
  242  probable cause affidavit and make such further inquiry as may be
  243  necessary to determine whether detention care is appropriate.
  244         (a) During the period of time from the taking of the child
  245  into custody to the date of the detention hearing, the initial
  246  decision as to the child’s placement into detention care shall
  247  be made by the department under ss. 985.24 and 985.245(1).
  248         (b) The department shall base the decision whether to place
  249  the child into detention care on an assessment of risk in
  250  accordance with the risk assessment instrument and procedures
  251  developed by the department under s. 985.245, except that a
  252  child shall be placed in secure detention care until the child’s
  253  detention hearing if the child meets the criteria specified in
  254  s. 985.255(1)(f) or is charged with possessing or discharging a
  255  firearm on school property in violation of s. 790.115.
  256         (c) If the final score on the child’s risk assessment
  257  instrument indicates detention care is appropriate, but the
  258  department otherwise determines the child should be released,
  259  the department shall contact the state attorney, who may
  260  authorize release.
  261         (d) If the final score on the risk assessment instrument
  262  indicates detention is not appropriate, the child may be
  263  released by the department in accordance with ss. 985.115 and
  264  985.13.
  265  
  266  Under no circumstances shall the department or the state
  267  attorney or law enforcement officer authorize the detention of
  268  any child in a jail or other facility intended or used for the
  269  detention of adults, without an order of the court.
  270         Section 9. This act shall take effect July 1, 2020.