Florida Senate - 2022                                    SB 7040
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02924-22                                          20227040__
    1                        A bill to be entitled                      
    2         An act relating to time limitations for
    3         preadjudicatory juvenile detention care; amending s.
    4         985.24, F.S.; authorizing a court to order a child
    5         placed on supervised release detention care to comply
    6         with specified conditions under certain circumstances;
    7         amending s. 985.26, F.S.; authorizing a court to order
    8         that a child be placed on supervised release detention
    9         care for any time period until the adjudicatory
   10         hearing is completed; requiring a court to conduct a
   11         hearing within a specified timeframe if a child has
   12         served longer than a specified number of days on
   13         supervised release detention care; prohibiting a child
   14         from being held in secure detention care for longer
   15         than a certain time period under certain
   16         circumstances; authorizing a court to extend the
   17         length of secure detention care for an increased
   18         amount of days under specified circumstances;
   19         authorizing a court to continue to extend the time
   20         period for secure detention care under specified
   21         circumstances; requiring a court to make specified
   22         findings; requiring a court to conduct a hearing to
   23         determine the continued need for secure detention care
   24         under specified circumstances; revising provisions
   25         relating to supervised release detention care and its
   26         exclusion from specified time limitations; authorizing
   27         certain electronic monitoring ordered by a court to be
   28         supervised by the Department of Juvenile Justice or a
   29         law enforcement agency, or both; providing
   30         construction; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Present subsections (2), (3), and (4) of section
   35  985.24, Florida Statutes, are redesignated as subsections (3),
   36  (4), and (5), respectively, and a new subsection (2) is added to
   37  that section, to read:
   38         985.24 Use of detention; prohibitions.—
   39         (2)The court may order a child placed on supervised
   40  release detention care to comply with any condition established
   41  by the department or ordered by the court, including electronic
   42  monitoring, when the court finds such condition necessary to
   43  preserve public safety or to ensure the child’s safety or
   44  appearance in court.
   45         Section 2. Section 985.26, Florida Statutes, is amended to
   46  read:
   47         985.26 Length of detention.—
   48         (1) A child may not be placed into or held in detention
   49  care for longer than 24 hours unless the court orders such
   50  detention care, and the order includes specific instructions
   51  that direct the release of the child from such detention care,
   52  in accordance with s. 985.255. The order shall be a final order,
   53  reviewable by appeal under s. 985.534 and the Florida Rules of
   54  Appellate Procedure. Appeals of such orders shall take
   55  precedence over other appeals and other pending matters.
   56         (2)(a)1.A court may order that a child be placed on
   57  supervised release detention care for any time period until the
   58  adjudicatory hearing is completed. However, if a child has
   59  served 75 days on supervised release detention care, the court
   60  must conduct a hearing within 15 days, excluding Saturdays,
   61  Sundays, and legal holidays, to determine the need for continued
   62  supervised release detention care. At the hearing, upon good
   63  cause being shown that the nature of the charge requires
   64  additional time for the prosecution or defense of the case or
   65  upon consideration of the totality of the circumstances,
   66  including the preservation of public safety, which may warrant
   67  an extension, the court may order the child to remain on
   68  supervised release detention care until the adjudicatory hearing
   69  is completed.
   70         2. Except as provided in paragraph (b) or paragraph (c), a
   71  child may not be held in secure detention care under a special
   72  detention order for more than 21 days unless an adjudicatory
   73  hearing for the case has been commenced in good faith by the
   74  court.
   75         3.This section does not prohibit a court from
   76  transitioning a child between secure detention care and
   77  supervised release detention care, including electronic
   78  monitoring, if the court finds that such placement is necessary
   79  to preserve public safety or to ensure the child’s safety,
   80  appearance in court, or compliance with any condition of
   81  supervised release detention care. Each period of secure
   82  detention care counts toward the time limitation in this
   83  paragraph, whether served consecutively or nonconsecutively.
   84         (b) Upon good cause being shown that the nature of the
   85  charge requires additional time for the prosecution or defense
   86  of the case or upon the totality of the circumstances, including
   87  the preservation of public safety, warranting an extension, the
   88  court may extend the length of secure detention care for up to
   89  21 an additional 9 days if the child is charged with an offense
   90  that would be, if committed by an adult, would be a capital
   91  felony, a life felony, a felony of the first or second degree,
   92  or a felony of the third second degree involving violence
   93  against any individual. The court may continue to extend the
   94  period of secure detention care in increments of up to 21 days
   95  by conducting a hearing before the expiration of the current
   96  period, excluding Saturdays, Sundays, and legal holidays, to
   97  determine the need for continuing the secure detention care of
   98  the child. At the hearing, the court must make the required
   99  findings in writing to extend the period of secure detention
  100  care. If the court extends the time period for secure detention
  101  care, it must ensure that an adjudicatory hearing for the case
  102  commences as soon as reasonably possible considering the
  103  totality of the circumstances, and it must prioritize the
  104  efficient disposition of those cases in which the child has
  105  served 60 or more days in secure detention care.
  106         (c) A prolific juvenile offender under s. 985.255(1)(f)
  107  shall be placed on supervised release detention care with
  108  electronic monitoring or in secure detention care under a
  109  special detention order until disposition. If secure detention
  110  care is ordered by the court, it must be authorized under this
  111  part and may not exceed:
  112         1. Twenty-one days unless an adjudicatory hearing for the
  113  case has been commenced in good faith by the court or the period
  114  is extended by the court pursuant to paragraph (b); or
  115         2. Fifteen days after the entry of an order of
  116  adjudication.
  117  
  118  As used in this paragraph, the term “disposition” means a
  119  declination to file under s. 985.15(1)(h), the entry of nolle
  120  prosequi for the charges, the filing of an indictment under s.
  121  985.56 or an information under s. 985.557, a dismissal of the
  122  case, or an order of final disposition by the court.
  123         (d) A prolific juvenile offender under s. 985.255(1)(f) who
  124  is taken into custody for a violation of the conditions of his
  125  or her supervised release detention must be held in secure
  126  detention until a detention hearing is held.
  127         (3) Except as provided in subsection (2), a child may not
  128  be held in detention care for more than 15 days following the
  129  entry of an order of adjudication.
  130         (4)(a) The time limits in subsections (2) and (3) do not
  131  include periods of delay resulting from a continuance granted by
  132  the court for cause on motion of the child or his or her counsel
  133  or of the state. Upon the issuance of an order granting a
  134  continuance for cause on a motion by either the child, the
  135  child’s counsel, or the state, the court shall conduct a hearing
  136  at the end of each 72-hour period, excluding Saturdays, Sundays,
  137  and legal holidays, to determine the need for continued secure
  138  detention of the child and the need for further continuance of
  139  proceedings for the child or the state.
  140         (b) Any The period of for supervised release detention care
  141  under this section is tolled on the date that the department or
  142  a law enforcement officer alleges that the child has violated a
  143  condition of the child’s supervised release detention care until
  144  the court enters a ruling on the violation. Notwithstanding the
  145  tolling of supervised release detention care, the court retains
  146  jurisdiction over the child for a violation of a condition of
  147  supervised release detention care during the tolling period. If
  148  the court finds that a child has violated his or her supervised
  149  release detention care, the number of days that the child served
  150  in any type of detention care before commission of the violation
  151  shall be excluded from the time limits under subsections (2) and
  152  (3).
  153         (5) A child who was not in secure detention at the time of
  154  the adjudicatory hearing, but for whom residential commitment is
  155  anticipated or recommended, may be placed under a special
  156  detention order for a period not to exceed 72 hours, excluding
  157  weekends and legal holidays, for the purpose of conducting a
  158  comprehensive evaluation as provided in s. 985.185. Motions for
  159  the issuance of such special detention order may be made
  160  subsequent to a finding of delinquency. Upon said motion, the
  161  court shall conduct a hearing to determine the appropriateness
  162  of such special detention order and shall order the least
  163  restrictive level of detention necessary to complete the
  164  comprehensive evaluation process that is consistent with public
  165  safety. Such special detention order may be extended for an
  166  additional 72 hours upon further order of the court.
  167         (6) If a child is detained and a petition for delinquency
  168  is filed, the child must shall be arraigned in accordance with
  169  the Florida Rules of Juvenile Procedure within 48 hours after
  170  the filing of the petition for delinquency.
  171         (7) Any electronic monitoring ordered by a court as a
  172  condition of supervised release detention care pursuant to this
  173  section may be supervised by the department, a law enforcement
  174  agency, or the department and a law enforcement agency working
  175  in partnership. However, this subsection does not require a law
  176  enforcement agency to supervise a child placed on electronic
  177  monitoring.
  178         Section 3. This act shall take effect July 1, 2022.