Florida Senate - 2021                                    SB 1166
       By Senator Brandes
       24-00816B-21                                          20211166__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         20.316, F.S.; creating the Accountability and Program
    4         Support Program within the Department of Juvenile
    5         Justice and revising the name of an existing program;
    6         amending s. 985.255, F.S.; authorizing a child to be
    7         placed in secure detention on a judicial order if the
    8         child has willfully failed to appear after proper
    9         notice; requiring that, before issuing an order to
   10         take a child into custody, a court make certain
   11         determinations based on information obtained from the
   12         department regarding the child’s failure to appear;
   13         authorizing the holding of certain children in secure
   14         detention for up to a specified period of time;
   15         specifying that children may be held in secure
   16         detention for up to 72 hours immediately before the
   17         next scheduled court hearing; amending s. 985.439,
   18         F.S.; requiring each judicial circuit to develop a
   19         specified plan in consultation with certain parties;
   20         providing information upon which the plan must be
   21         based; repealing s. 985.686, F.S., relating to the
   22         shared county and state financial support
   23         responsibility for juvenile detention; amending s.
   24         985.6865, F.S.; deleting provisions relating to
   25         legislative findings and intent; requiring the
   26         Department of Juvenile Justice to calculate annually
   27         by a certain date and provide to each county that is
   28         not a fiscally constrained county and that does not
   29         provide its own detention care for juveniles its
   30         annual percentage share of detention costs; requiring
   31         each county that is not a fiscally constrained county
   32         and that does not provide its own detention care for
   33         juveniles to incorporate into its annual county budget
   34         sufficient funds to pay its annual percentage share of
   35         detention costs; amending ss. 985.245, 985.25, 985.26,
   36         and 985.35, F.S.; conforming cross-references;
   37         providing an effective date.
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Upon the expiration and reversion of the
   42  amendment made to section 20.316, Florida Statutes, pursuant to
   43  section 65 of chapter 2020-114, Laws of Florida, subsections (2)
   44  and (3) of section 20.316, Florida Statutes, are amended to
   45  read:
   46         20.316 Department of Juvenile Justice.—There is created a
   47  Department of Juvenile Justice.
   48         (2) DEPARTMENT PROGRAMS.—The following programs are
   49  established within the Department of Juvenile Justice:
   50         (a) Accountability and Program Support.
   51         (d)(a) Prevention and Victim Services.
   52         (c)(b) Intake and Detention.
   53         (f)(c) Residential and Correctional Facilities.
   54         (e)(d) Probation and Community Corrections.
   55         (b)(e) Administration.
   57  The secretary may establish assistant secretary positions and a
   58  chief of staff position as necessary to administer the
   59  requirements of this section.
   60         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   61  shall plan and administer its programs through a substate
   62  structure that conforms to the boundaries of the judicial
   63  circuits prescribed in s. 26.021. A county may seek placement in
   64  a juvenile justice operating circuit other than as prescribed in
   65  s. 26.021 for participation in the Prevention and Victim
   66  Services Program and the Probation and Community Corrections
   67  Program by making a request of the chief circuit judge in each
   68  judicial circuit affected by such request. Upon a showing that
   69  geographic proximity, community identity, or other legitimate
   70  concern for efficiency of operations merits alternative
   71  placement, each affected chief circuit judge may authorize the
   72  execution of an interagency agreement specifying the alternative
   73  juvenile justice operating circuit in which the county is to be
   74  placed and the basis for the alternative placement. Upon the
   75  execution of said interagency agreement by each affected chief
   76  circuit judge, the secretary may administratively place a county
   77  in an alternative juvenile justice operating circuit pursuant to
   78  the agreement.
   79         Section 2. Present subsections (1), (2), and (3) of section
   80  985.255, Florida Statutes, are redesignated as subsections (2),
   81  (3), and (4), respectively, a new subsection (1) is added to
   82  that section, and paragraph (e) of present subsection (1) and
   83  paragraph (a) of present subsection (3) are amended, to read:
   84         985.255 Detention criteria; detention hearing.—
   85         (1)A child may be placed and held for up to 24 hours in
   86  secure detention pending a detention hearing upon a judicial
   87  order for failure to appear if the child has willfully failed to
   88  appear after proper notice. Before the court issues an order to
   89  take such a child into custody, it must obtain sufficient
   90  information from the department to make a preliminary
   91  determination that the failure was willful and was not merely
   92  due to the unavailability of transportation or to circumstances
   93  beyond the child’s control.
   94         (2)(1) Subject to s. 985.25(1), a child taken into custody
   95  and placed into detention care shall be given a hearing within
   96  24 hours after being taken into custody. At the hearing, the
   97  court may order a continued detention status if:
   98         (e) The child is detained on a judicial order for failure
   99  to appear and has previously willfully failed to appear, after
  100  proper notice:
  101         1. For an adjudicatory hearing on the same case regardless
  102  of the results of the risk assessment instrument; or
  103         2. At two or more court hearings of any nature on the same
  104  case regardless of the results of the risk assessment
  105  instrument.
  107  A child who meets the requirements of this paragraph may be held
  108  in secure detention for up to 72 hours immediately before in
  109  advance of the next scheduled court hearing pursuant to this
  110  paragraph. The child’s failure to keep the clerk of court and
  111  defense counsel informed of a current and valid mailing address
  112  where the child will receive notice to appear at court
  113  proceedings does not provide an adequate ground for excusal of
  114  the child’s nonappearance at the hearings.
  115         (4)(a)(3)(a) The purpose of the detention hearing required
  116  under subsection (2) (1) is to determine the existence of
  117  probable cause that the child has committed the delinquent act
  118  or violation of law that he or she is charged with and the need
  119  for continued detention. The court shall use the results of the
  120  risk assessment performed by the department and, based on the
  121  criteria in subsection (2) (1), shall determine the need for
  122  continued detention. If the child is a prolific juvenile
  123  offender who is detained under s. 985.26(2)(c), the court shall
  124  use the results of the risk assessment performed by the
  125  department and the criteria in subsection (2) (1) or subsection
  126  (3) (2) only to determine whether the prolific juvenile offender
  127  should be held in secure detention.
  128         Section 3. Subsection (1) of section 985.439, Florida
  129  Statutes, is amended to read:
  130         985.439 Violation of probation or postcommitment
  131  probation.—
  132         (1)(a) This section is applicable when the court has
  133  jurisdiction over a child on probation or postcommitment
  134  probation, regardless of adjudication.
  135         (b) If the conditions of the probation program or the
  136  postcommitment probation program are violated, the department or
  137  the state attorney may bring the child before the court on a
  138  petition alleging a violation of the program. A child who
  139  violates the conditions of probation or postcommitment probation
  140  must be brought before the court if sanctions are sought.
  141         (c)Each judicial circuit shall develop a written plan, in
  142  consultation with judges, the state attorney, the public
  143  defender, the relevant law enforcement agency, and the
  144  department, which describes a methodology for determining the
  145  appropriate sanction or incentive if a child under supervision
  146  violates a condition of his or her probation which does not
  147  involve a new law violation. These plans must be based upon the
  148  principle that sanctions must reflect the seriousness of the
  149  violation, the assessed criminogenic needs and risks of the
  150  child, the child’s age and maturity level, and how effective the
  151  sanction or incentive will be in moving the child to compliant
  152  behavior.
  153         Section 4. Section 985.686, Florida Statutes, is repealed.
  154         Section 5. Subsections (1) through (6) of section 985.6865,
  155  Florida Statutes, are amended to read:
  156         985.6865 Juvenile detention.—
  157         (1) The Legislature finds that various counties and the
  158  Department of Juvenile Justice have engaged in a multitude of
  159  legal proceedings regarding detention cost sharing for
  160  juveniles. Such litigation has largely focused on how the
  161  Department of Juvenile Justice calculates the detention costs
  162  that the counties are responsible for paying, leading to the
  163  overbilling of counties for a period of years. Additionally,
  164  litigation pending in 2016 is a financial burden on the
  165  taxpayers of this state.
  166         (2) It is the intent of the Legislature that all counties
  167  that are not fiscally constrained counties and that have pending
  168  administrative or judicial claims or challenges file a notice of
  169  voluntary dismissal with prejudice to dismiss all actions
  170  pending on or before February 1, 2016, against the state or any
  171  state agency related to juvenile detention cost sharing.
  172  Furthermore, all counties that are not fiscally constrained
  173  shall execute a release and waiver of any existing or future
  174  claims and actions arising from detention cost share prior to
  175  the 2016-2017 fiscal year. The department may not seek
  176  reimbursement from counties complying with this subsection for
  177  any underpayment for any cost-sharing requirements before the
  178  2016-2017 fiscal year.
  179         (1)(3) As used in this section, the term:
  180         (a) “Detention care” means secure detention and respite
  181  beds for juveniles charged with a domestic violence crime.
  182         (b) “Fiscally constrained county” means a county within a
  183  rural area of opportunity as designated by the Governor pursuant
  184  to s. 288.0656 or each county for which the value of a mill will
  185  raise no more than $5 million in revenue, based on the certified
  186  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  187  from the previous July 1.
  188         (c) “Total shared detention costs” means the amount of
  189  funds expended by the department for the costs of detention care
  190  for the prior fiscal year. This amount includes the most recent
  191  actual certify forward amounts minus any funds it expends on
  192  detention care for juveniles residing in fiscally constrained
  193  counties or out of state.
  194         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
  195  year, and each fiscal year thereafter, each county that is not a
  196  fiscally constrained county and that has taken the action
  197  fulfilling the intent of this section as described in subsection
  198  (2) shall pay its annual percentage share of 50 percent of the
  199  total shared detention costs. By Annually by July 15, 2017, and
  200  each year thereafter, the department shall calculate and provide
  201  to each county that is not a fiscally constrained county and
  202  that does not provide its own detention care for juveniles its
  203  annual percentage share by dividing the total number of
  204  detention days for juveniles residing in the county for the most
  205  recently completed 12-month period by the total number of
  206  detention days for juveniles in all counties that are not
  207  fiscally constrained counties during the same period. The annual
  208  percentage share of each county that is not a fiscally
  209  constrained county and that does not provide its own detention
  210  care for juveniles must be multiplied by 50 percent of the total
  211  shared detention costs to determine that county’s share of
  212  detention costs. Beginning August 1, each such county shall pay
  213  to the department its share of detention costs, which shall be
  214  paid in 12 equal payments due on the first day of each month.
  215  The state shall pay the remaining actual costs of detention
  216  care.
  217         (3)(5) The state shall pay all costs of detention care for
  218  juveniles residing in a fiscally constrained county and for
  219  juveniles residing out of state. The state shall pay all costs
  220  of detention care for juveniles housed in state detention
  221  centers from counties that provide their own detention care for
  222  juveniles.
  223         (4)(6) Each county that is not a fiscally constrained
  224  county and that does not provide its own detention care for
  225  juveniles has taken the action fulfilling the intent of this
  226  section as described in subsection (2) shall incorporate into
  227  its annual county budget sufficient funds to pay its annual
  228  percentage share of the total shared detention costs required by
  229  subsection (2) (4).
  230         Section 6. Subsection (1) of section 985.245, Florida
  231  Statutes, is amended to read:
  232         985.245 Risk assessment instrument.—
  233         (1) All determinations and court orders regarding placement
  234  of a child into detention care shall comply with all
  235  requirements and criteria provided in this part and shall be
  236  based on a risk assessment of the child, unless the child is
  237  placed into detention care as provided in s. 985.255(3) s.
  238  985.255(2).
  239         Section 7. Subsection (1) of section 985.25, Florida
  240  Statutes, is amended to read:
  241         985.25 Detention intake.—
  242         (1) The department shall receive custody of a child who has
  243  been taken into custody from the law enforcement agency or court
  244  and shall review the facts in the law enforcement report or
  245  probable cause affidavit and make such further inquiry as may be
  246  necessary to determine whether detention care is appropriate.
  247         (a) During the period of time from the taking of the child
  248  into custody to the date of the detention hearing, the initial
  249  decision as to the child’s placement into detention care shall
  250  be made by the department under ss. 985.24 and 985.245(1).
  251         (b) The department shall base the decision whether to place
  252  the child into detention care on an assessment of risk in
  253  accordance with the risk assessment instrument and procedures
  254  developed by the department under s. 985.245, except that a
  255  child shall be placed in secure detention care until the child’s
  256  detention hearing if the child meets the criteria specified in
  257  s. 985.255(2)(f) s. 985.255(1)(f) or is charged with possessing
  258  or discharging a firearm on school property in violation of s.
  259  790.115.
  260         (c) If the final score on the child’s risk assessment
  261  instrument indicates detention care is appropriate, but the
  262  department otherwise determines the child should be released,
  263  the department shall contact the state attorney, who may
  264  authorize release.
  265         (d) If the final score on the risk assessment instrument
  266  indicates detention is not appropriate, the child may be
  267  released by the department in accordance with ss. 985.115 and
  268  985.13.
  270  Under no circumstances shall the department or the state
  271  attorney or law enforcement officer authorize the detention of
  272  any child in a jail or other facility intended or used for the
  273  detention of adults, without an order of the court.
  274         Section 8. Paragraphs (c) and (d) of subsection (2) of
  275  section 985.26, Florida Statutes, are amended to read:
  276         985.26 Length of detention.—
  277         (2)
  278         (c) A prolific juvenile offender under s. 985.255(2)(f) s.
  279  985.255(1)(f) shall be placed on supervised release detention
  280  care with electronic monitoring or in secure detention care
  281  under a special detention order until disposition. If secure
  282  detention care is ordered by the court, it must be authorized
  283  under this part and may not exceed:
  284         1. Twenty-one days unless an adjudicatory hearing for the
  285  case has been commenced in good faith by the court or the period
  286  is extended by the court pursuant to paragraph (b); or
  287         2. Fifteen days after the entry of an order of
  288  adjudication.
  290  As used in this paragraph, the term “disposition” means a
  291  declination to file under s. 985.15(1)(h), the entry of nolle
  292  prosequi for the charges, the filing of an indictment under s.
  293  985.56 or an information under s. 985.557, a dismissal of the
  294  case, or an order of final disposition by the court.
  295         (d) A prolific juvenile offender under s. 985.255(2)(f) s.
  296  985.255(1)(f) who is taken into custody for a violation of the
  297  conditions of his or her supervised release detention must be
  298  held in secure detention until a detention hearing is held.
  299         Section 9. Subsection (1) of section 985.35, Florida
  300  Statutes, is amended to read:
  301         985.35 Adjudicatory hearings; withheld adjudications;
  302  orders of adjudication.—
  303         (1)(a) Except as provided in paragraph (b), the
  304  adjudicatory hearing must be held as soon as practicable after
  305  the petition alleging that a child has committed a delinquent
  306  act or violation of law is filed and in accordance with the
  307  Florida Rules of Juvenile Procedure; but reasonable delay for
  308  the purpose of investigation, discovery, or procuring counsel or
  309  witnesses shall be granted. If the child is being detained, the
  310  time limitations in s. 985.26(2) and (3) apply.
  311         (b) If the child is a prolific juvenile offender under s.
  312  985.255(2)(f) s. 985.255(1)(f), the adjudicatory hearing must be
  313  held within 45 days after the child is taken into custody unless
  314  a delay is requested by the child.
  315         Section 10. This act shall take effect July 1, 2021.