Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 7040
       
       
       
       
       
       
                                Ì464134ÇÎ464134                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Substitute for Amendment (793404) (with title
    2  amendment)
    3  
    4         Delete lines 37 - 152
    5  and insert:
    6         that section, and present subsection (3) is amended to
    7  read:
    8         985.24 Use of detention; prohibitions.—
    9         (2) A child who is placed on supervised release detention
   10  care must comply with any available condition established by the
   11  department or ordered by the court, including electronic
   12  monitoring, if the court finds such a condition is necessary to
   13  preserve public safety or to ensure the child’s safety or
   14  appearance in court.
   15  	(4)(3) A child who is alleged to be dependent under chapter
   16  39, but who is not alleged to have committed a delinquent act or
   17  violation of law, may not, under any circumstances, be placed
   18  into secure detention care.
   19         Section 2. Section 985.26, Florida Statutes, is amended to
   20  read:
   21         985.26 Length of detention.—
   22         (1) A child may not be placed into or held in detention
   23  care for longer than 24 hours unless the court orders such
   24  detention care, and the order includes specific instructions
   25  that direct the release of the child from such detention care,
   26  in accordance with s. 985.255. The order shall be a final order,
   27  reviewable by appeal under s. 985.534 and the Florida Rules of
   28  Appellate Procedure. Appeals of such orders shall take
   29  precedence over other appeals and other pending matters.
   30         (2)(a)1.A court may order that a child be placed on
   31  supervised release detention care for any time period until the
   32  adjudicatory hearing is completed. However, if a child has
   33  served 60 days on supervised release detention care, the court
   34  must conduct a hearing within 15 days after the 60th day, to
   35  determine the need for continued supervised release detention
   36  care. At the hearing, upon good cause being shown that the
   37  nature of the charge requires additional time for the
   38  prosecution or defense of the case or upon consideration of the
   39  totality of the circumstances, including the preservation of
   40  public safety, warranting an extension, the court may order the
   41  child to remain on supervised release detention care until the
   42  adjudicatory hearing is completed.
   43         2. Except as provided in paragraph (b) or paragraph (c), a
   44  child may not be held in secure detention care under a special
   45  detention order for more than 21 days unless an adjudicatory
   46  hearing for the case has been commenced in good faith by the
   47  court.
   48         3.This section does not prohibit a court from
   49  transitioning a child between secure detention care and
   50  supervised release detention care, including electronic
   51  monitoring, if the court finds that such placement is necessary
   52  to preserve public safety or to ensure the child’s safety,
   53  appearance in court, or compliance with any condition of
   54  supervised release detention care. Each period of secure
   55  detention care or supervised release detention care counts
   56  toward the time limitations in this subsection, whether served
   57  consecutively or nonconsecutively.
   58         (b) Upon good cause being shown that the nature of the
   59  charge requires additional time for the prosecution or defense
   60  of the case or upon the totality of the circumstances, including
   61  the preservation of public safety, warranting an extension, the
   62  court may extend the length of secure detention care for up to
   63  21 an additional 9 days if the child is charged with an offense
   64  that would be, if committed by an adult, would be a capital
   65  felony, a life felony, a felony of the first or second degree,
   66  or a felony of the third second degree involving violence
   67  against any individual. The court may continue to extend the
   68  period of secure detention care in increments of up to 21 days
   69  by conducting a hearing before the expiration of the current
   70  period to determine the need for continuing the secure detention
   71  care of the child. At the hearing, the court must make the
   72  required findings in writing to extend the period of secure
   73  detention care. If the court extends the time period for secure
   74  detention care, it must ensure that an adjudicatory hearing for
   75  the case commences as soon as reasonably possible considering
   76  the totality of the circumstances, and it must prioritize the
   77  efficient disposition of those cases in which the child has
   78  served 60 or more days in secure detention care.
   79         (c) A prolific juvenile offender under s. 985.255(1)(f)
   80  shall be placed on supervised release detention care with
   81  electronic monitoring or in secure detention care under a
   82  special detention order until disposition. If secure detention
   83  care is ordered by the court, it must be authorized under this
   84  part and may not exceed:
   85         1. Twenty-one days unless an adjudicatory hearing for the
   86  case has been commenced in good faith by the court or the period
   87  is extended by the court pursuant to paragraph (b); or
   88         2. Fifteen days after the entry of an order of
   89  adjudication.
   90  
   91  As used in this paragraph, the term “disposition” means a
   92  declination to file under s. 985.15(1)(h), the entry of nolle
   93  prosequi for the charges, the filing of an indictment under s.
   94  985.56 or an information under s. 985.557, a dismissal of the
   95  case, or an order of final disposition by the court.
   96         (d) A prolific juvenile offender under s. 985.255(1)(f) who
   97  is taken into custody for a violation of the conditions of his
   98  or her supervised release detention must be held in secure
   99  detention until a detention hearing is held.
  100         (3) Except as provided in subsection (2), a child may not
  101  be held in detention care for more than 15 days following the
  102  entry of an order of adjudication.
  103         (4)(a) The time limitation limits in subsection subsections
  104  (2) and (3) does do not include periods of delay resulting from
  105  a continuance granted by the court for cause on motion of the
  106  child or his or her counsel or of the state. Upon the issuance
  107  of an order granting a continuance for cause on a motion by
  108  either the child, the child’s counsel, or the state, the court
  109  shall conduct a hearing at the end of each 72-hour period,
  110  excluding Saturdays, Sundays, and legal holidays, to determine
  111  the need for continued detention of the child and the need for
  112  further continuance of proceedings for the child or the state.
  113         (b) The period for supervised release detention care under
  114  this section is tolled on the date that the department or a law
  115  enforcement officer alleges that the child has violated a
  116  condition of the child’s supervised release detention care until
  117  the court enters a ruling on the violation. Notwithstanding the
  118  tolling of supervised release detention care, the court retains
  119  jurisdiction over the child for a violation of a condition of
  120  supervised release detention care during the tolling period. If
  121  the court finds that a child has violated his or her supervised
  122  release detention care, the number of days that the child served
  123  in any type of detention care before commission of the violation
  124  shall be excluded from the time limits under subsections (2) and
  125  (3).
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete lines 7 - 26
  129  and insert:
  130         authorizing a dependent child with a delinquency
  131         charge to be placed in secure detention care; amending
  132         s. 985.26, F.S.; authorizing a court to order that a
  133         child be placed on supervised release detention care
  134         for any time period until the adjudicatory hearing is
  135         completed; requiring a court to conduct a hearing
  136         within a specified timeframe if a child has served
  137         longer than a specified number of days on supervised
  138         release detention care; prohibiting a child from being
  139         held in secure detention care for longer than a
  140         certain time period under certain circumstances;
  141         authorizing a court to extend the length of secure
  142         detention care for an increased amount of days under
  143         specified circumstances; authorizing a court to
  144         continue to extend the time period for secure
  145         detention care under specified circumstances;
  146         requiring a court to make specified findings;
  147         requiring a court to conduct a hearing to determine
  148         the continued need for secure detention care under
  149         specified circumstances; revising time limitations
  150         resulting from a continuance; deleting provisions
  151         relating to supervised release detention care and its
  152         exclusion from specified time limitations; authorizing