Florida Senate - 2022                             CS for SB 7040
       
       
        
       By the Committees on Rules; and Appropriations
       
       
       
       
       
       595-03330-22                                          20227040c1
    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.; requiring a child placed on supervised
    5         release detention care to comply with specified
    6         conditions under certain circumstances; prohibiting
    7         certain alleged dependent children from being placed
    8         into secure detention care; amending s. 985.26, F.S.;
    9         authorizing a court to order that a child be placed on
   10         supervised release detention care for any time period
   11         until the adjudicatory hearing is completed; requiring
   12         a court to conduct a hearing within a specified
   13         timeframe if a child has served longer than a
   14         specified number of days on supervised release
   15         detention care; prohibiting a child from being held in
   16         secure detention care for longer than a certain time
   17         period under certain circumstances; authorizing a
   18         court to extend the length of secure detention care
   19         for an increased amount of days under specified
   20         circumstances; authorizing a court to continue to
   21         extend the time period for secure detention care under
   22         specified circumstances; requiring a court to make
   23         specified findings; requiring a court to conduct a
   24         hearing to determine the continued need for secure
   25         detention care under specified circumstances; revising
   26         time limitations resulting from a continuance;
   27         deleting provisions relating to supervised release
   28         detention care and its exclusion from specified time
   29         limitations; authorizing certain electronic monitoring
   30         ordered by a court to be supervised by the Department
   31         of Juvenile Justice or a law enforcement agency, or
   32         both; providing construction; providing an effective
   33         date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Present subsections (2), (3), and (4) of section
   38  985.24, Florida Statutes, are redesignated as subsections (3),
   39  (4), and (5), respectively, a new subsection (2) is added to
   40  that section, and present subsection (3) of that section is
   41  amended, to read:
   42         985.24 Use of detention; prohibitions.—
   43         (2) A child who is placed on supervised release detention
   44  care must comply with any available condition established by the
   45  department or ordered by the court, including electronic
   46  monitoring, if the court finds such a condition is necessary to
   47  preserve public safety or to ensure the child’s safety or
   48  appearance in court.
   49         (4)(3) A child who is alleged to be dependent under chapter
   50  39, but who is not alleged to have committed a delinquent act or
   51  violation of law, may not, under any circumstances, be placed
   52  into secure detention care.
   53         Section 2. Section 985.26, Florida Statutes, is amended to
   54  read:
   55         985.26 Length of detention.—
   56         (1) A child may not be placed into or held in detention
   57  care for longer than 24 hours unless the court orders such
   58  detention care, and the order includes specific instructions
   59  that direct the release of the child from such detention care,
   60  in accordance with s. 985.255. The order shall be a final order,
   61  reviewable by appeal under s. 985.534 and the Florida Rules of
   62  Appellate Procedure. Appeals of such orders shall take
   63  precedence over other appeals and other pending matters.
   64         (2)(a)1.A court may order that a child be placed on
   65  supervised release detention care for any time period until the
   66  adjudicatory hearing is completed. However, if a child has
   67  served 60 days on supervised release detention care, the court
   68  must conduct a hearing within 15 days after the 60th day to
   69  determine the need for continued supervised release detention
   70  care. At the hearing, upon good cause being shown that the
   71  nature of the charge requires additional time for the
   72  prosecution or defense of the case or upon consideration of the
   73  totality of the circumstances, including the preservation of
   74  public safety, warranting an extension, the court may order the
   75  child to remain on supervised release detention care until the
   76  adjudicatory hearing is completed.
   77         2. Except as provided in paragraph (b) or paragraph (c), a
   78  child may not be held in secure detention care under a special
   79  detention order for more than 21 days unless an adjudicatory
   80  hearing for the case has been commenced in good faith by the
   81  court.
   82         3.This section does not prohibit a court from
   83  transitioning a child between secure detention care and
   84  supervised release detention care, including electronic
   85  monitoring, if the court finds that such placement is necessary
   86  to preserve public safety or to ensure the child’s safety,
   87  appearance in court, or compliance with any condition of
   88  supervised release detention care. Each period of secure
   89  detention care or supervised release detention care counts
   90  toward the time limitations in this subsection, whether served
   91  consecutively or nonconsecutively.
   92         (b) Upon good cause being shown that the nature of the
   93  charge requires additional time for the prosecution or defense
   94  of the case or upon the totality of the circumstances, including
   95  the preservation of public safety, warranting an extension, the
   96  court may extend the length of secure detention care for up to
   97  21 an additional 9 days if the child is charged with an offense
   98  that would be, if committed by an adult, would be a capital
   99  felony, a life felony, a felony of the first or second degree,
  100  or a felony of the third second degree involving violence
  101  against any individual. The court may continue to extend the
  102  period of secure detention care in increments of up to 21 days
  103  by conducting a hearing before the expiration of the current
  104  period to determine the need for continuing the secure detention
  105  care of the child. At the hearing, the court must make the
  106  required findings in writing to extend the period of secure
  107  detention care. If the court extends the time period for secure
  108  detention care, it must ensure that an adjudicatory hearing for
  109  the case commences as soon as reasonably possible considering
  110  the totality of the circumstances, and it must prioritize the
  111  efficient disposition of those cases in which the child has
  112  served 60 or more days in secure detention care.
  113         (c) A prolific juvenile offender under s. 985.255(1)(f)
  114  shall be placed on supervised release detention care with
  115  electronic monitoring or in secure detention care under a
  116  special detention order until disposition. If secure detention
  117  care is ordered by the court, it must be authorized under this
  118  part and may not exceed:
  119         1. Twenty-one days unless an adjudicatory hearing for the
  120  case has been commenced in good faith by the court or the period
  121  is extended by the court pursuant to paragraph (b); or
  122         2. Fifteen days after the entry of an order of
  123  adjudication.
  124  
  125  As used in this paragraph, the term “disposition” means a
  126  declination to file under s. 985.15(1)(h), the entry of nolle
  127  prosequi for the charges, the filing of an indictment under s.
  128  985.56 or an information under s. 985.557, a dismissal of the
  129  case, or an order of final disposition by the court.
  130         (d) A prolific juvenile offender under s. 985.255(1)(f) who
  131  is taken into custody for a violation of the conditions of his
  132  or her supervised release detention must be held in secure
  133  detention until a detention hearing is held.
  134         (3) Except as provided in subsection (2), a child may not
  135  be held in detention care for more than 15 days following the
  136  entry of an order of adjudication.
  137         (4)(a) The time limitation limits in subsection subsections
  138  (2) and (3) does do not include periods of delay resulting from
  139  a continuance granted by the court for cause on motion of the
  140  child or his or her counsel or of the state. Upon the issuance
  141  of an order granting a continuance for cause on a motion by
  142  either the child, the child’s counsel, or the state, the court
  143  shall conduct a hearing at the end of each 72-hour period,
  144  excluding Saturdays, Sundays, and legal holidays, to determine
  145  the need for continued detention of the child and the need for
  146  further continuance of proceedings for the child or the state.
  147         (b) The period for supervised release detention care under
  148  this section is tolled on the date that the department or a law
  149  enforcement officer alleges that the child has violated a
  150  condition of the child’s supervised release detention care until
  151  the court enters a ruling on the violation. Notwithstanding the
  152  tolling of supervised release detention care, the court retains
  153  jurisdiction over the child for a violation of a condition of
  154  supervised release detention care during the tolling period. If
  155  the court finds that a child has violated his or her supervised
  156  release detention care, the number of days that the child served
  157  in any type of detention care before commission of the violation
  158  shall be excluded from the time limits under subsections (2) and
  159  (3).
  160         (5) A child who was not in secure detention at the time of
  161  the adjudicatory hearing, but for whom residential commitment is
  162  anticipated or recommended, may be placed under a special
  163  detention order for a period not to exceed 72 hours, excluding
  164  weekends and legal holidays, for the purpose of conducting a
  165  comprehensive evaluation as provided in s. 985.185. Motions for
  166  the issuance of such special detention order may be made
  167  subsequent to a finding of delinquency. Upon said motion, the
  168  court shall conduct a hearing to determine the appropriateness
  169  of such special detention order and shall order the least
  170  restrictive level of detention necessary to complete the
  171  comprehensive evaluation process that is consistent with public
  172  safety. Such special detention order may be extended for an
  173  additional 72 hours upon further order of the court.
  174         (6) If a child is detained and a petition for delinquency
  175  is filed, the child must shall be arraigned in accordance with
  176  the Florida Rules of Juvenile Procedure within 48 hours after
  177  the filing of the petition for delinquency.
  178         (7) Any electronic monitoring ordered by a court as a
  179  condition of supervised release detention care pursuant to this
  180  section may be supervised by the department, a law enforcement
  181  agency, or the department and a law enforcement agency working
  182  in partnership. However, this subsection does not require a law
  183  enforcement agency to supervise a child placed on electronic
  184  monitoring.
  185         Section 3. This act shall take effect July 1, 2022.