Florida Senate - 2021                             CS for SB 1166
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02610-21                                          20211166c1
    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. 985.101, F.S.; authorizing a court to
    7         order that a child be taken into custody for failure
    8         to appear; requiring a court to consider specified
    9         information before it issues such an order; amending
   10         s. 985.435, F.S.; requiring each judicial circuit to
   11         develop, in consultation with specified persons and
   12         entities, a written plan specifying the alternative
   13         consequence component which must be based upon certain
   14         principles; providing that the alternative consequence
   15         component is designed to provide swift and appropriate
   16         consequences or incentives to a child who is alleged
   17         to be noncompliant with or in violation of probation;
   18         repealing s. 985.686, F.S., relating to the shared
   19         county and state financial support responsibility for
   20         juvenile detention; amending s. 985.6865, F.S.;
   21         deleting provisions relating to legislative findings
   22         and intent; requiring the Department of Juvenile
   23         Justice to calculate annually by a certain date and
   24         provide to each county that is not a fiscally
   25         constrained county and that does not provide its own
   26         detention care for juveniles its annual percentage
   27         share of detention costs; requiring each county that
   28         is not a fiscally constrained county and that does not
   29         provide its own detention care for juveniles to
   30         incorporate into its annual county budget sufficient
   31         funds to pay its annual percentage share of detention
   32         costs; reenacting ss. 960.001(1)(b) and 985.439(2),
   33         F.S., relating to guidelines for fair treatment of
   34         victims and witnesses in the criminal justice and
   35         juvenile justice systems and violation of probation or
   36         postcommitment probation, respectively, to incorporate
   37         the amendment made to s. 985.101, F.S., in references
   38         thereto; reenacting s. 985.565(4)(b), F.S., relating
   39         to sentencing alternatives, to incorporate the
   40         amendment made to s. 985.435, F.S., in a reference
   41         thereto; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Upon the expiration and reversion of the
   46  amendment made to section 20.316, Florida Statutes, pursuant to
   47  section 65 of chapter 2020-114, Laws of Florida, subsections (2)
   48  and (3) of section 20.316, Florida Statutes, are amended to
   49  read:
   50         20.316 Department of Juvenile Justice.—There is created a
   51  Department of Juvenile Justice.
   52         (2) DEPARTMENT PROGRAMS.—The following programs are
   53  established within the Department of Juvenile Justice:
   54         (a) Accountability and Program Support.
   55         (d)(a) Prevention and Victim Services.
   56         (c)(b) Intake and Detention.
   57         (f)(c) Residential and Correctional Facilities.
   58         (e)(d) Probation and Community Corrections.
   59         (b)(e) Administration.
   60  
   61  The secretary may establish assistant secretary positions and a
   62  chief of staff position as necessary to administer the
   63  requirements of this section.
   64         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
   65  shall plan and administer its programs through a substate
   66  structure that conforms to the boundaries of the judicial
   67  circuits prescribed in s. 26.021. A county may seek placement in
   68  a juvenile justice operating circuit other than as prescribed in
   69  s. 26.021 for participation in the Prevention and Victim
   70  Services Program and the Probation and Community Corrections
   71  Program by making a request of the chief circuit judge in each
   72  judicial circuit affected by such request. Upon a showing that
   73  geographic proximity, community identity, or other legitimate
   74  concern for efficiency of operations merits alternative
   75  placement, each affected chief circuit judge may authorize the
   76  execution of an interagency agreement specifying the alternative
   77  juvenile justice operating circuit in which the county is to be
   78  placed and the basis for the alternative placement. Upon the
   79  execution of said interagency agreement by each affected chief
   80  circuit judge, the secretary may administratively place a county
   81  in an alternative juvenile justice operating circuit pursuant to
   82  the agreement.
   83         Section 2. Subsection (5) is added to section 985.101,
   84  Florida Statutes, to read:
   85         985.101 Taking a child into custody.—
   86         (5) A court may order that a child be taken into custody
   87  for failure to appear. Before the court issues such an order, it
   88  must consider all of the following information relating to
   89  whether the child’s nonappearance was willful:
   90         (a)Whether notice was sent to the address in the official
   91  court record.
   92         (b)Whether notice was given to the child in any format by
   93  anyone.
   94         (c)Whether counsel, if any, for the child had contact or
   95  attempted to have contact with the child.
   96         (d)Whether a department representative had contact or
   97  attempted to have contact with the child.
   98         (e)Whether the department has any specific information to
   99  assist the court in this decision.
  100         Section 3. Subsection (4) of section 985.435, Florida
  101  Statutes, is amended to read:
  102         985.435 Probation and postcommitment probation; community
  103  service.—
  104         (4) A probation program may also include an alternative
  105  consequence component to address instances in which a child is
  106  noncompliant with technical conditions of his or her probation
  107  but has not committed any new violations of law. Each circuit
  108  shall develop, in consultation with judges, the state attorney,
  109  the public defender, relevant law enforcement agencies, and the
  110  department, a written plan specifying the alternative
  111  consequence component which must be based upon the principle
  112  that sanctions must reflect the seriousness of the violation,
  113  the assessed criminogenic needs and risks of the child, the
  114  child’s age and maturity level, and how effective the sanction
  115  or incentive will be in moving the child to compliant behavior.
  116  The alternative consequence component is designed to provide
  117  swift and appropriate consequences or incentives to a child who
  118  is alleged to be noncompliant with or in violation of to any
  119  noncompliance with technical conditions of probation. If the
  120  probation program includes this component, specific consequences
  121  that apply to noncompliance with specific technical conditions
  122  of probation, as well as incentives used to move the child
  123  toward compliant behavior, must be detailed in the disposition
  124  order.
  125         Section 4. Section 985.686, Florida Statutes, is repealed.
  126         Section 5. Subsections (1) through (6) of section 985.6865,
  127  Florida Statutes, are amended to read:
  128         985.6865 Juvenile detention.—
  129         (1) The Legislature finds that various counties and the
  130  Department of Juvenile Justice have engaged in a multitude of
  131  legal proceedings regarding detention cost sharing for
  132  juveniles. Such litigation has largely focused on how the
  133  Department of Juvenile Justice calculates the detention costs
  134  that the counties are responsible for paying, leading to the
  135  overbilling of counties for a period of years. Additionally,
  136  litigation pending in 2016 is a financial burden on the
  137  taxpayers of this state.
  138         (2) It is the intent of the Legislature that all counties
  139  that are not fiscally constrained counties and that have pending
  140  administrative or judicial claims or challenges file a notice of
  141  voluntary dismissal with prejudice to dismiss all actions
  142  pending on or before February 1, 2016, against the state or any
  143  state agency related to juvenile detention cost sharing.
  144  Furthermore, all counties that are not fiscally constrained
  145  shall execute a release and waiver of any existing or future
  146  claims and actions arising from detention cost share prior to
  147  the 2016-2017 fiscal year. The department may not seek
  148  reimbursement from counties complying with this subsection for
  149  any underpayment for any cost-sharing requirements before the
  150  2016-2017 fiscal year.
  151         (1)(3) As used in this section, the term:
  152         (a) “Detention care” means secure detention and respite
  153  beds for juveniles charged with a domestic violence crime.
  154         (b) “Fiscally constrained county” means a county within a
  155  rural area of opportunity as designated by the Governor pursuant
  156  to s. 288.0656 or each county for which the value of a mill will
  157  raise no more than $5 million in revenue, based on the certified
  158  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  159  from the previous July 1.
  160         (c) “Total shared detention costs” means the amount of
  161  funds expended by the department for the costs of detention care
  162  for the prior fiscal year. This amount includes the most recent
  163  actual certify forward amounts minus any funds it expends on
  164  detention care for juveniles residing in fiscally constrained
  165  counties or out of state.
  166         (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal
  167  year, and each fiscal year thereafter, each county that is not a
  168  fiscally constrained county and that has taken the action
  169  fulfilling the intent of this section as described in subsection
  170  (2) shall pay its annual percentage share of 50 percent of the
  171  total shared detention costs. By Annually by July 15, 2017, and
  172  each year thereafter, the department shall calculate and provide
  173  to each county that is not a fiscally constrained county and
  174  that does not provide its own detention care for juveniles its
  175  annual percentage share by dividing the total number of
  176  detention days for juveniles residing in the county for the most
  177  recently completed 12-month period by the total number of
  178  detention days for juveniles in all counties that are not
  179  fiscally constrained counties during the same period. The annual
  180  percentage share of each county that is not a fiscally
  181  constrained county and that does not provide its own detention
  182  care for juveniles must be multiplied by 50 percent of the total
  183  shared detention costs to determine that county’s share of
  184  detention costs. Beginning August 1, each such county shall pay
  185  to the department its share of detention costs, which shall be
  186  paid in 12 equal payments due on the first day of each month.
  187  The state shall pay the remaining actual costs of detention
  188  care.
  189         (3)(5) The state shall pay all costs of detention care for
  190  juveniles residing in a fiscally constrained county and for
  191  juveniles residing out of state. The state shall pay all costs
  192  of detention care for juveniles housed in state detention
  193  centers from counties that provide their own detention care for
  194  juveniles.
  195         (4)(6) Each county that is not a fiscally constrained
  196  county and that does not provide its own detention care for
  197  juveniles has taken the action fulfilling the intent of this
  198  section as described in subsection (2) shall incorporate into
  199  its annual county budget sufficient funds to pay its annual
  200  percentage share of the total shared detention costs required by
  201  subsection (2) (4).
  202         Section 6. For the purpose of incorporating the amendment
  203  made by this act to section 985.101, Florida Statutes, in
  204  references thereto, paragraph (b) of subsection (1) of section
  205  960.001, Florida Statutes, is reenacted to read:
  206         960.001 Guidelines for fair treatment of victims and
  207  witnesses in the criminal justice and juvenile justice systems.—
  208         (1) The Department of Legal Affairs, the state attorneys,
  209  the Department of Corrections, the Department of Juvenile
  210  Justice, the Florida Commission on Offender Review, the State
  211  Courts Administrator and circuit court administrators, the
  212  Department of Law Enforcement, and every sheriff’s department,
  213  police department, or other law enforcement agency as defined in
  214  s. 943.10(4) shall develop and implement guidelines for the use
  215  of their respective agencies, which guidelines are consistent
  216  with the purposes of this act and s. 16(b), Art. I of the State
  217  Constitution and are designed to implement s. 16(b), Art. I of
  218  the State Constitution and to achieve the following objectives:
  219         (b) Information for purposes of notifying victim or
  220  appropriate next of kin of victim or other designated contact of
  221  victim.—In the case of a homicide, pursuant to chapter 782; or a
  222  sexual offense, pursuant to chapter 794; or an attempted murder
  223  or sexual offense, pursuant to chapter 777; or stalking,
  224  pursuant to s. 784.048; or domestic violence, pursuant to s.
  225  25.385:
  226         1. The arresting law enforcement officer or personnel of an
  227  organization that provides assistance to a victim or to the
  228  appropriate next of kin of the victim or other designated
  229  contact must request that the victim or appropriate next of kin
  230  of the victim or other designated contact complete a victim
  231  notification card. However, the victim or appropriate next of
  232  kin of the victim or other designated contact may choose not to
  233  complete the victim notification card.
  234         2. Unless the victim or the appropriate next of kin of the
  235  victim or other designated contact waives the option to complete
  236  the victim notification card, a copy of the victim notification
  237  card must be filed with the incident report or warrant in the
  238  sheriff’s office of the jurisdiction in which the incident
  239  report or warrant originated. The notification card shall, at a
  240  minimum, consist of:
  241         a. The name, address, and phone number of the victim; or
  242         b. The name, address, and phone number of the appropriate
  243  next of kin of the victim; or
  244         c. The name, address, and telephone number of a designated
  245  contact other than the victim or appropriate next of kin of the
  246  victim; and
  247         d. Any relevant identification or case numbers assigned to
  248  the case.
  249         3. The chief administrator, or a person designated by the
  250  chief administrator, of a county jail, municipal jail, juvenile
  251  detention facility, or residential commitment facility shall
  252  make a reasonable attempt to notify the alleged victim or
  253  appropriate next of kin of the alleged victim or other
  254  designated contact within 4 hours following the release of the
  255  defendant on bail or, in the case of a juvenile offender, upon
  256  the release from residential detention or commitment. If the
  257  chief administrator, or designee, is unable to contact the
  258  alleged victim or appropriate next of kin of the alleged victim
  259  or other designated contact by telephone, the chief
  260  administrator, or designee, must send to the alleged victim or
  261  appropriate next of kin of the alleged victim or other
  262  designated contact a written notification of the defendant’s
  263  release.
  264         4. Unless otherwise requested by the victim or the
  265  appropriate next of kin of the victim or other designated
  266  contact, the information contained on the victim notification
  267  card must be sent by the chief administrator, or designee, of
  268  the appropriate facility to the subsequent correctional or
  269  residential commitment facility following the sentencing and
  270  incarceration of the defendant, and unless otherwise requested
  271  by the victim or the appropriate next of kin of the victim or
  272  other designated contact, he or she must be notified of the
  273  release of the defendant from incarceration as provided by law.
  274         5. If the defendant was arrested pursuant to a warrant
  275  issued or taken into custody pursuant to s. 985.101 in a
  276  jurisdiction other than the jurisdiction in which the defendant
  277  is being released, and the alleged victim or appropriate next of
  278  kin of the alleged victim or other designated contact does not
  279  waive the option for notification of release, the chief
  280  correctional officer or chief administrator of the facility
  281  releasing the defendant shall make a reasonable attempt to
  282  immediately notify the chief correctional officer of the
  283  jurisdiction in which the warrant was issued or the juvenile was
  284  taken into custody pursuant to s. 985.101, and the chief
  285  correctional officer of that jurisdiction shall make a
  286  reasonable attempt to notify the alleged victim or appropriate
  287  next of kin of the alleged victim or other designated contact,
  288  as provided in this paragraph, that the defendant has been or
  289  will be released.
  290         Section 7. For the purpose of incorporating the amendment
  291  made by this act to section 985.101, Florida Statutes, in a
  292  reference thereto, subsection (2) of section 985.439, Florida
  293  Statutes, is reenacted to read:
  294         985.439 Violation of probation or postcommitment
  295  probation.—
  296         (2) A child taken into custody under s. 985.101 for
  297  violating the conditions of probation shall be screened and
  298  detained or released based on his or her risk assessment
  299  instrument score.
  300         Section 8. For the purpose of incorporating the amendment
  301  made by this act to section 985.435, Florida Statutes, in a
  302  reference thereto, paragraph (b) of subsection (4) of section
  303  985.565, Florida Statutes, is reenacted to read:
  304         985.565 Sentencing powers; procedures; alternatives for
  305  juveniles prosecuted as adults.—
  306         (4) SENTENCING ALTERNATIVES.—
  307         (b) Juvenile sanctions.—For juveniles transferred to adult
  308  court but who do not qualify for such transfer under s.
  309  985.556(3), the court may impose juvenile sanctions under this
  310  paragraph. If juvenile sentences are imposed, the court shall,
  311  under this paragraph, adjudge the child to have committed a
  312  delinquent act. Adjudication of delinquency may not be deemed a
  313  conviction, nor shall it operate to impose any of the civil
  314  disabilities ordinarily resulting from a conviction. The court
  315  shall impose an adult sanction or a juvenile sanction and may
  316  not sentence the child to a combination of adult and juvenile
  317  punishments. An adult sanction or a juvenile sanction may
  318  include enforcement of an order of restitution or probation
  319  previously ordered in any juvenile proceeding. However, if the
  320  court imposes a juvenile sanction and the department determines
  321  that the sanction is unsuitable for the child, the department
  322  shall return custody of the child to the sentencing court for
  323  further proceedings, including the imposition of adult
  324  sanctions. Upon adjudicating a child delinquent under subsection
  325  (1), the court may:
  326         1. Place the child in a probation program under the
  327  supervision of the department for an indeterminate period of
  328  time until the child reaches the age of 19 years or sooner if
  329  discharged by order of the court.
  330         2. Commit the child to the department for treatment in an
  331  appropriate program for children for an indeterminate period of
  332  time until the child is 21 or sooner if discharged by the
  333  department. The department shall notify the court of its intent
  334  to discharge no later than 14 days before discharge. Failure of
  335  the court to timely respond to the department’s notice shall be
  336  considered approval for discharge.
  337         3. Order disposition under ss. 985.435, 985.437, 985.439,
  338  985.441, 985.45, and 985.455 as an alternative to youthful
  339  offender or adult sentencing if the court determines not to
  340  impose youthful offender or adult sanctions.
  341  
  342  It is the intent of the Legislature that the criteria and
  343  guidelines in this subsection are mandatory and that a
  344  determination of disposition under this subsection is subject to
  345  the right of the child to appellate review under s. 985.534.
  346         Section 9. This act shall take effect July 1, 2021.