Florida Senate - 2020 CS for SB 618 By the Committee on Criminal Justice; and Senator Powell 591-03455-20 2020618c1 1 A bill to be entitled 2 An act relating to the detention of children; amending 3 s. 985.265, F.S.; prohibiting the holding of a child 4 awaiting trial who is treated as an adult for purposes 5 of criminal prosecution in a jail or other facility 6 intended or used for the detention of adults; 7 providing an exception; requiring the court to 8 consider specified factors in making a certain 9 determination; providing a requirement and a 10 prohibition if a court determines that it is in the 11 interest of justice to allow a child to be held in a 12 jail or other facility intended or used for the 13 detention of adults; deleting provisions under which a 14 court is required to order the delivery of a child to 15 a jail or other facility intended or used for the 16 detention of adults; conforming a provision to changes 17 made by the act; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (5) of section 985.265, Florida 22 Statutes, is amended to read: 23 985.265 Detention transfer and release; education; adult 24 jails.— 25 (5)(a) Unless a court finds in writing and after a hearing 26 that it is in the interest of justice, a child awaiting trial or 27 other legal process who is treated as an adult for purposes of 28 prosecution in criminal court and is housed in a secure facility 29 may not be held in a
The court shall order the delivery of a30 child to ajail or other facility intended or used for the 31 detention of adults. In determining whether it is in the 32 interest of justice to allow a child to be held in a jail or 33 other facility intended or used for the detention of adults, a 34 court shall consider all of the following: 35 1. The age of the juvenile. 36 2. The physical and mental maturity of the juvenile. 37 3. The present mental state of the juvenile, including 38 whether the juvenile presents an imminent risk of harm to 39 himself or herself. 40 4. The nature and circumstances of the alleged offense. 41 5. The juvenile’s history of prior delinquent acts. 42 6. The relative ability of the available adult and juvenile 43 detention facilities to not only meet the specific needs of the 44 juvenile but also to protect the safety of the public as well as 45 other juveniles detained in such facilities. 46 7. Any other relevant factor. 47 (b) If a court determines that it is in the interest of 48 justice to allow a child to be held in a jail or other facility 49 intended or used for the detention of adults: 50 1. The court must hold a hearing no less frequently than 51 once every 30 days, or in the case of a rural jurisdiction, no 52 less frequently than once every 45 days, to review whether it is 53 still in the interest of justice to allow the child to be so 54 held; and 55 2. The child may not be held in a jail or other facility 56 intended or used for the detention of adults for more than 180 57 days, unless the court in writing determines there is good cause 58 for an extension or the child expressly waives this limitation. 59 (a) When the child has been transferred or indicted for60 criminal prosecution as an adult under part X, except that the61 court may not order or allow a child alleged to have committed a62 misdemeanor who is being transferred for criminal prosecution63 pursuant to either s. 985.556 or s. 985.557 to be detained or64 held in a jail or other facility intended or used for the65 detention of adults; however, such child may be held temporarily66 in a detention facility; or67 (b) When a child taken into custody in this state is wanted68 by another jurisdiction for prosecution as an adult.69 70 The child held in a jail or other facility intended or used for 71 the detention of adults shall be housed separately from adult 72 inmates to prohibit a child from having regular contact with 73 incarcerated adults, including trusties. “Regular contact” means 74 sight and sound contact. Separation of children from adults 75 shall permit no more than haphazard or accidental contact. The 76 receiving jail or other facility shall contain a separate 77 section for children and shall have an adequate staff to 78 supervise and monitor the child’s activities at all times. 79 Supervision and monitoring of children includes physical 80 observation and documented checks by jail or receiving facility 81 supervisory personnel at intervals not to exceed 10 minutes. 82 This subsection does not prohibit placing two or more children 83 in the same cell. Under no circumstances shall a child be placed 84 in the same cell with an adult. 85 Section 2. This act shall take effect July 1, 2021.