Florida Senate - 2012                                    SB 1100
       
       
       
       By Senator Wise
       
       
       
       
       5-01094-12                                            20121100__
    1                        A bill to be entitled                      
    2         An act relating to monitoring juvenile offenders;
    3         amending s. 939.185, F.S.; authorizing use of a
    4         specified portion of an additional court cost for
    5         county juvenile electronic and global positioning
    6         system (GPS) monitoring programs; amending s. 985.037,
    7         F.S.; providing that a child who commits direct
    8         contempt of court or indirect contempt of a valid
    9         court order may be placed on home detention with or
   10         without electronic or GPS monitoring; amending s.
   11         985.26, F.S.; providing conditions under which a child
   12         may be placed under restrictions by the court,
   13         including electronic or GPS monitoring; amending s.
   14         985.455, F.S.; authorizing a court, upon motion of the
   15         child or upon its own motion, within a specified
   16         period, to suspend the further execution of the
   17         disposition and place the child in a probation program
   18         that includes electronic or GPS monitoring; amending
   19         s. 985.475, F.S.; authorizing use of an electronic or
   20         GPS monitoring program to enforce specified
   21         restrictions on certain juvenile sexual offenders in
   22         community-based treatment alternatives; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (a) of subsection (1) of section
   28  939.185, Florida Statutes, is amended to read:
   29         939.185 Assessment of additional court costs and
   30  surcharges.—
   31         (1)(a) The board of county commissioners may adopt by
   32  ordinance an additional court cost, not to exceed $65, to be
   33  imposed by the court when a person pleads guilty or nolo
   34  contendere to, or is found guilty of, or adjudicated delinquent
   35  for, any felony, misdemeanor, delinquent act, or criminal
   36  traffic offense under the laws of this state. Such additional
   37  assessment shall be accounted for separately by the county in
   38  which the offense occurred and be used only in the county
   39  imposing this cost, to be allocated as follows:
   40         1. Twenty-five percent of the amount collected shall be
   41  allocated to fund innovations, as determined by the chief judge
   42  of the circuit, to supplement state funding for the elements of
   43  the state courts system identified in s. 29.004 and county
   44  funding for local requirements under s. 29.008(2)(a)2.
   45         2. Twenty-five percent of the amount collected shall be
   46  allocated to assist counties in providing legal aid programs
   47  required under s. 29.008(3)(a).
   48         3. Twenty-five percent of the amount collected shall be
   49  allocated to fund personnel and legal materials for the public
   50  as part of a law library.
   51         4. Twenty-five percent of the amount collected shall be
   52  used as determined by the board of county commissioners to
   53  support teen court programs, except as provided in s. 938.19(7),
   54  juvenile assessment centers, county juvenile electronic and
   55  global positioning system (GPS) monitoring programs, and other
   56  juvenile alternative programs.
   57  
   58  Each county receiving funds under this section shall report the
   59  amount of funds collected pursuant to this section and an
   60  itemized list of expenditures for all authorized programs and
   61  activities. The report shall be submitted in a format developed
   62  by the Supreme Court to the Governor, the Chief Financial
   63  Officer, the President of the Senate, and the Speaker of the
   64  House of Representatives on a quarterly basis beginning with the
   65  quarter ending September 30, 2004. Quarterly reports shall be
   66  submitted no later than 30 days after the end of the quarter.
   67  Any unspent funds at the close of the county fiscal year
   68  allocated under subparagraphs 2., 3., and 4., shall be
   69  transferred for use pursuant to subparagraph 1.
   70         Section 2. Subsection (1) of section 985.037, Florida
   71  Statutes, is amended to read:
   72         985.037 Punishment for contempt of court; alternative
   73  sanctions.—
   74         (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may
   75  punish any child for contempt for interfering with the court or
   76  with court administration, or for violating any provision of
   77  this chapter or order of the court relative thereto. It is the
   78  intent of the Legislature that the court restrict and limit the
   79  use of contempt powers with respect to commitment of a child to
   80  a secure facility. A child who commits direct contempt of court
   81  or indirect contempt of a valid court order may be taken into
   82  custody and ordered to serve an alternative sanction, placed on
   83  home detention with or without electronic or global positioning
   84  system (GPS) monitoring, or placed in a secure facility, as
   85  authorized in this section, by order of the court.
   86         Section 3. Subsection (7) is added to section 985.26,
   87  Florida Statutes, to read:
   88         985.26 Length of detention.—
   89         (7) At any time after a child has been arrested for
   90  allegedly committing a delinquent act and at any time during
   91  pendency of the case, the child may be placed under restrictions
   92  by the court, including electronic or global positioning system
   93  (GPS) monitoring.
   94         Section 4. Subsection (4) of section 985.455, Florida
   95  Statutes, is amended to read:
   96         985.455 Other dispositional issues.—
   97         (4) The court may, upon motion of the child or upon its own
   98  motion, within 60 days after imposition of a disposition of
   99  commitment, suspend the further execution of the disposition and
  100  place the child in a probation program upon such terms and
  101  conditions as the court may require, including modifying
  102  probation to include electronic or global positioning system
  103  (GPS) monitoring. The department shall forward to the court all
  104  relevant material on the child’s progress while in custody not
  105  later than 3 working days prior to the hearing on the motion to
  106  suspend the disposition.
  107         Section 5. Paragraph (e) of subsection (2) of section
  108  985.475, Florida Statutes, is amended to read:
  109         985.475 Juvenile sexual offenders.—
  110         (2) Following a delinquency adjudicatory hearing under s.
  111  985.35, the court may on its own or upon request by the state or
  112  the department and subject to specific appropriation, determine
  113  whether a juvenile sexual offender placement is required for the
  114  protection of the public and what would be the best approach to
  115  address the treatment needs of the juvenile sexual offender.
  116  When the court determines that a juvenile has no history of a
  117  recent comprehensive assessment focused on sexually deviant
  118  behavior, the court may, subject to specific appropriation,
  119  order the department to conduct or arrange for an examination to
  120  determine whether the juvenile sexual offender is amenable to
  121  community-based treatment.
  122         (e) If the court determines that this juvenile sexual
  123  offender community-based treatment alternative is appropriate,
  124  the court may place the offender on community supervision for up
  125  to 3 years. As a condition of community treatment and
  126  supervision, the court may order the offender to:
  127         1. Undergo available outpatient juvenile sexual offender
  128  treatment for up to 3 years. A program or provider may not be
  129  used for such treatment unless it has an appropriate program
  130  designed for sexual offender treatment. The department shall not
  131  change the treatment provider without first notifying the state
  132  attorney’s office.
  133         2. Remain within described geographical boundaries and
  134  notify the court or the department counselor prior to any change
  135  in the offender’s address, educational program, or employment.
  136  An electronic or global positioning system (GPS) monitoring
  137  program may be used to enforce this subparagraph.
  138         3. Comply with all requirements of the treatment plan.
  139         Section 6. This act shall take effect upon becoming a law.