Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1738
                        Barcode 962390
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Criminal Justice (Wise) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 3, line 27, through page 4, line 26, delete
16  those lines
17  
18  and insert:  
19         (h)  Regardless of the results of the risk assessment
20  instrument, the child may be held in secure detention if the
21  child:
22         1.  Has previously been before the court on two
23  separate arrests for felony delinquent acts; or
24         2.  Is before the court charged with aggravated battery
25  on a school district employee; or
26         3.  Is found to have endangered the public in the act
27  of fleeing from lawful arrest.
28         (i)(h)  The child is alleged to have violated the
29  conditions of the child's probation or conditional release
30  supervision. However, a child detained under this paragraph
31  may be held only in a consequence unit as provided in s.
                                  1
    5:26 PM   04/04/05                              s1738.cj05.00a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1738 Barcode 962390 1 985.231(1)(a)1.c. If a consequence unit is not available, the 2 child shall be placed on home detention with electronic 3 monitoring. 4 (j)(i) The child is detained on a judicial order for 5 failure to appear and has previously willfully failed to 6 appear, after proper notice, for a court an adjudicatory 7 hearing on the same case regardless of the results of the risk 8 assessment instrument. A child may be held in secure detention 9 for up to 72 hours in advance of the next scheduled court 10 hearing pursuant to this paragraph. The child's failure to 11 keep the clerk of court and defense counsel informed of a 12 current and valid mailing address where the child will receive 13 notice to appear at court proceedings does not provide an 14 adequate ground for excusal of the child's nonappearance at 15 the hearings. 16 (j) The child is detained on a judicial order for 17 failure to appear and has previously willfully failed to 18 appear, after proper notice, at two or more court hearings of 19 any nature on the same case regardless of the results of the 20 risk assessment instrument. A child may be held in secure 21 detention for up to 72 hours in advance of the next scheduled 22 court hearing pursuant to this paragraph. The child's failure 23 to keep the clerk of court and defense counsel informed of a 24 current and valid mailing address where the child will receive 25 notice to appear at court proceedings does not provide an 26 adequate ground for excusal of the child's nonappearance at 27 the hearings. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 2 5:26 PM 04/04/05 s1738.cj05.00a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1738 Barcode 962390 1 On page 1, line 12, after the semicolon 2 3 insert: 4 amending s. 985.215, F.S.; providing for 5 detention under certain criteria; providing an 6 extension of the statutory time limit on 7 post-commitment detention; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 5:26 PM 04/04/05 s1738.cj05.00a