Senate Bill 2008

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    Florida Senate - 1998                                  SB 2008

    By Senator Lee





    23-1007A-98                                             See HB

  1                      A bill to be entitled

  2         An act relating to delinquent acts or criminal

  3         offenses committed by juveniles; amending s.

  4         90.610, F.S., relating to conviction of certain

  5         crimes as impeachment; providing that certain

  6         adjudications of delinquency are admissible

  7         into evidence for impeachment purposes;

  8         amending s. 921.0011, F.S; redefining the term

  9         "prior record" with respect to specified

10         provisions relating to sentencing; providing

11         for scoring as adult offenses an offender's

12         prior juvenile offenses that would be crimes if

13         committed by an adult; providing for a

14         withholding of an adjudication of delinquency

15         or an adjudication of guilt to be considered a

16         conviction for certain purposes relating to

17         sentencing; providing for expiration; amending

18         s. 921.0021, F.S.; redefining the term "prior

19         record" with respect to specified provisions

20         relating to sentencing; providing for scoring

21         as adult offenses an offender's prior juvenile

22         offenses that would be crimes if committed by

23         an adult; amending s. 943.0515, F.S., relating

24         to retention of criminal history records of

25         minors; providing for an offender's criminal

26         history record of forcible or nonforcible

27         felonies charged as an adult to be merged and

28         retained as a part of the person's adult

29         criminal history record, under specified

30         circumstances; amending s. 985.03, F.S.;

31         defining "violation of supervision" with

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         respect to specified provisions relating to

  2         delinquency; amending s. 985.04, F.S., relating

  3         to oaths, records, and confidential

  4         information; providing for public disclosure of

  5         all of a juvenile's prior history of acts that

  6         would be crimes if committed by an adult, and

  7         of orders of disposition for such acts;

  8         providing for a withholding of an adjudication

  9         of delinquency or an adjudication of guilt to

10         be considered a conviction for certain purposes

11         relating to disclosure of the records;

12         reenacting s. 985.31(4)(k), F.S., relating to

13         serious or habitual juvenile offenders, to

14         incorporate said amendment in a reference;

15         amending s. 985.05, F.S., relating to court

16         records; providing for nonapplicability of

17         certain recordkeeping requirements to

18         nonconfidential juvenile history records;

19         providing for admissibility in other civil or

20         criminal proceedings of certain court records

21         of juvenile proceedings; providing for merger

22         of a defendant's record of prior delinquent

23         acts with the defendant's adult record, under

24         specified circumstances; amending s. 985.211,

25         F.S., relating to release or delivery from

26         custody; providing for reference to violation

27         of supervision in certain written reports or

28         probable cause affidavits; amending s. 985.21,

29         F.S., relating to intake and case management;

30         providing that the state attorney may take

31         certain actions unless otherwise required by

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         law; amending s. 985.213, F.S., relating to use

  2         of detention; conforming references; amending

  3         s. 985.215, F.S., relating to detention;

  4         providing for an exception with respect to

  5         court use of risk assessment when a child is

  6         subject to detention order or special detention

  7         order pursuant to specified provisions;

  8         reenacting s. 985.208(1), relating to detention

  9         of furloughed child or escapee on authority of

10         the department, and s. 985.219(5), relating to

11         process and service, to incorporate said

12         amendment in references; creating s. 985.2155,

13         F.S., relating to arraignments and hearings for

14         violations of supervision and failure to

15         appear; providing for detention of a juvenile

16         for a maximum of 14 days while awaiting the

17         hearing, under certain circumstances when the

18         juvenile has failed to appear; providing an

19         exception; repealing s. 985.218(6), F.S.,

20         relating to petitions for delinquency; removing

21         provisions requiring the dismissal of a

22         petition with prejudice when the adjudicatory

23         hearing is not commenced within 90 days;

24         removing provisions authorizing the court to

25         extend the 90-day period; amending s. 985.226,

26         F.S., relating to criteria for discretionary

27         waiver and mandatory waiver of juvenile court

28         jurisdiction; providing for the state attorney

29         to file a motion requesting the court to

30         transfer a child of at least 14 years of age

31         for criminal prosecution, under specified

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         circumstances; providing for exceptions;

  2         amending s. 985.227, F.S., relating to

  3         discretionary direct-file criteria and

  4         mandatory direct-file criteria; permitting the

  5         filing of an information when a child was 14 or

  6         15 years of age at the time the child attempted

  7         to commit any one of specified offenses;

  8         requiring the state attorney to file an

  9         information for certain illegal acts when the

10         child committing the act is at least 16 years

11         of age and has a specified history of

12         delinquent acts; revising duties of the court

13         and guidelines for transfer of cases pertaining

14         to the child when a child is transferred for

15         adult prosecution; removing a requirement for

16         annual updating by the state attorney of

17         direct-file policies and guidelines; providing

18         that the information filed pursuant to

19         specified provisions may include all charges

20         that are based on the same act, criminal

21         episode, or transaction as the primary offense;

22         amending s. 985.228, F.S., relating to

23         adjudicatory hearings, to conform an exception

24         to the construction of "conviction"; amending

25         s. 985.231, F.S.; revising powers of

26         disposition in delinquency cases; conforming

27         references; providing for exceptions to conform

28         to changes made by the act; amending s.

29         985.233, F.S., relating to sentencing powers,

30         procedures, and dispositional alternatives for

31         juveniles prosecuted as adults; revising

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         sentencing alternatives in cases when a child

  2         is prosecuted on indictment and other cases;

  3         providing that a court may withhold

  4         adjudication of guilt and place the child on

  5         probation or community control to be supervised

  6         by the Department of Corrections, under

  7         specified circumstances; providing for

  8         completion of a commitment program recommended

  9         by the Department of Juvenile Justice as a

10         special condition of the probation or community

11         control; authorizing a judge in adult court to

12         access the juvenile commitment programs for

13         sentencing purposes; providing that the

14         juvenile would not be required to pay

15         supervision costs to the Department of

16         Corrections while participating in a Department

17         of Juvenile Justice commitment program;

18         prohibiting imposition of certain sentencing

19         alternatives and juvenile sanctions and

20         prohibiting withholding of adjudication as an

21         adult when the state attorney's motion to

22         transfer and certify the child for prosection

23         as an adult is granted under specified

24         provisions; revising guidelines for sentencing

25         to juvenile sanctions; removing a requirement

26         that the court stay adjudication of guilt when

27         the child is sentenced to juvenile sanctions

28         under specified provisions; removing provisions

29         that the adjudication of delinquency shall not

30         be deemed to be a conviction or operate to

31         impose civil disabilities resulting from a

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         conviction; removing a prohibition against the

  2         imposition of a combination of juvenile and

  3         adult sanctions; reenacting s. 985.225(3) and

  4         (4), relating to indictment of a juvenile, and

  5         s. 985.31(3)(k), relating to serious or

  6         habitual juvenile offenders, to incorporate

  7         said amendment in references; amending s.

  8         985.309, F.S., relating to criteria for

  9         placement of a child in a boot camp program;

10         providing for boot camp placement of a child at

11         least 14 years of age who has not entered a

12         plea of guilty or nolo contendere to, or been

13         adjudicated of, a capital felony, life felony,

14         or violent felony of the first degree;

15         providing for early-intervention boot camp

16         placement of a child at least 12 years of age

17         under specified circumstances; providing for

18         certain minimum periods of participation in

19         aftercare; authorizing operation of an

20         early-intervention boot camp program by the

21         Department of Juvenile Justice, or a county or

22         municipality; providing purpose of program;

23         providing criteria for disqualification from

24         participation in the early-intervention boot

25         camp program; reenacting s. 985.231(1)(j),

26         relating to powers of disposition in

27         delinquency cases, s. 985.31(3)(i), relating to

28         serious or habitual juvenile offenders, s.

29         985.311(3)(i), relating to intensive

30         residential treatment programs for offenders

31         less than 13 years of age, and s.

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         985.314(1)(a), relating to commitment programs

  2         for juvenile felony offenders, to incorporate

  3         said amendment in references; amending s.

  4         985.404, F.S., relating to administration of

  5         the juvenile justice continuum; specifying

  6         factors to be considered in the report ranking

  7         commitment programs; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 90.610, Florida Statutes, is

13  amended to read:

14         90.610  Conviction of certain crimes or adjudication of

15  delinquency as impeachment.--

16         (1)  A party may attack the credibility of any witness,

17  including an accused, by evidence that the witness has been

18  convicted of a crime if the crime was punishable by death or

19  imprisonment in excess of 1 year under the law under which the

20  witness was convicted, or if the crime involved dishonesty or

21  a false statement regardless of the punishment. However, with

22  the following exceptions:

23         (a)  evidence of any such conviction is inadmissible in

24  a civil trial if it is so remote in time as to have no bearing

25  on the present character of the witness.

26         (b)  Evidence of juvenile adjudications are

27  inadmissible under this subsection.

28         (2)  A party may attack the credibility of any witness,

29  including an accused, by evidence of an adjudication of

30  delinquency for an act that would be punishable by death or

31  imprisonment in excess of 1 year if the act were committed by

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  an adult under the law under which the witness was adjudicated

  2  delinquent, or if the delinquent act involved dishonesty or a

  3  false statement regardless of punishment. However, evidence of

  4  any such adjudication of delinquency is inadmissible in a

  5  civil trial if it is so remote in time as to have no bearing

  6  on the present character of the witness.

  7         (3)(2)  The pendency of an appeal or the granting of a

  8  pardon relating to such crime or delinquent act does not

  9  render evidence of the conviction or adjudication of

10  delinquency from which the appeal was taken or for which the

11  pardon was granted inadmissible. Evidence of the pendency of

12  the appeal is admissible.

13         (4)(3)  Nothing in this section affects the

14  admissibility of evidence under s. 90.404 or s. 90.608.

15         Section 2.  Subsection (5) of section 921.0011, Florida

16  Statutes, is amended to read:

17         921.0011  Definitions.--As used in this chapter, the

18  term:

19         (5)  "Prior record" means a conviction for a crime

20  committed by the offender, as an adult or a juvenile, prior to

21  the time of the primary offense.  Convictions by federal,

22  out-of-state, military, or foreign courts, and convictions for

23  violations of county or municipal ordinances that incorporate

24  by reference a penalty under state law, are included in the

25  offender's prior record.  Convictions for offenses committed

26  by the offender more than 10 years before the primary offense

27  are not included in the offender's prior record if the

28  offender has not been convicted of any other crime for a

29  period of 10 consecutive years from the most recent date of

30  release from confinement, supervision, or sanction, whichever

31  is later, to the date of the primary offense.  All of an

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  offender's prior juvenile history of acts that would be crimes

  2  if committed by an adult shall be scored and considered as

  3  offenses committed by an adult. For the purposes of this

  4  subsection, a withholding of adjudication of delinquency or a

  5  withholding of adjudication of guilt shall be considered a

  6  conviction.  Juvenile dispositions of offenses committed by

  7  the offender within 3 years before the primary offense are

  8  included in the offender's prior record when the offense would

  9  have been a crime had the offender been an adult rather than a

10  juvenile.  Juvenile dispositions of sexual offenses committed

11  by the offender which were committed 3 years or more before

12  the primary offense are included in the offender's prior

13  record if the offender has not maintained a conviction-free

14  record, either as an adult or a juvenile, for a period of 3

15  consecutive years from the most recent date of release from

16  confinement, supervision, or sanction, whichever is later, to

17  the date of the primary offense.

18         Section 3.  Section 921.0011, Florida Statutes, as

19  amended by this act, expires October 1, 1998.

20         Section 4.  Subsection (5) of section 921.0021, Florida

21  Statutes, is amended to read:

22         921.0021  Definitions.--As used in this chapter, the

23  term:

24         (5)  "Prior record" means a conviction for a crime

25  committed by the offender, as an adult or a juvenile, prior to

26  the time of the primary offense.  Convictions by federal,

27  out-of-state, military, or foreign courts, and convictions for

28  violations of county or municipal ordinances that incorporate

29  by reference a penalty under state law, are included in the

30  offender's prior record.  Convictions for offenses committed

31  by the offender more than 10 years before the primary offense

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  are not included in the offender's prior record if the

  2  offender has not been convicted of any other crime for a

  3  period of 10 consecutive years from the most recent date of

  4  release from confinement, supervision, or sanction, whichever

  5  is later, to the date of the primary offense.  All of an

  6  offender's prior juvenile history of acts that would be crimes

  7  if committed by an adult shall be scored and considered as

  8  offenses committed by an adult. For the purposes of this

  9  subsection, a withholding of adjudication of delinquency or a

10  withholding of adjudication of guilt shall be considered a

11  conviction. Juvenile dispositions of offenses committed by the

12  offender within 3 years before the primary offense are

13  included in the offender's prior record when the offense would

14  have been a crime had the offender been an adult rather than a

15  juvenile.  Juvenile dispositions of sexual offenses committed

16  by the offender which were committed 3 years or more before

17  the primary offense are included in the offender's prior

18  record if the offender has not maintained a conviction-free

19  record, either as an adult or a juvenile, for a period of 3

20  consecutive years from the most recent date of release from

21  confinement, supervision, or sanction, whichever is later, to

22  the date of the primary offense.

23         Section 5.  Paragraphs (a) and (b) of subsection (2) of

24  section 943.0515, Florida Statutes, are amended to read:

25         943.0515  Retention of criminal history records of

26  minors.--

27         (1)(a)  The Division of Criminal Justice Information

28  Systems shall retain the criminal history record of a minor

29  who is classified as a serious or habitual juvenile offender

30  under chapter 39 for 5 years after the date the offender

31  reaches 21 years of age, at which time the record shall be

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  expunged unless it meets the criteria of paragraph (2)(a) or

  2  paragraph (2)(b).

  3         (b)  If the minor is not classified as a serious or

  4  habitual juvenile under chapter 39, the division shall retain

  5  the minor's criminal history record for 5 years after the date

  6  the minor reaches 19 years of age, at which time the record

  7  shall be expunged unless it meets the criteria of paragraph

  8  (2)(a) or paragraph (2)(b).

  9         (2)(a)  If a person is charged as an adult for

10  committing a 18 years of age or older is charged with or

11  convicted of a forcible felony and the person's criminal

12  history record as a minor has not yet been destroyed, the

13  person's record as a minor must be merged with the person's

14  adult criminal history record and must be retained as a part

15  of the person's adult record.

16         (b)  If, at any time, a minor is adjudicated as an

17  adult for a forcible felony, the minor's criminal history

18  record prior to the time of the minor's adjudication as an

19  adult must be merged with his or her record as an adjudicated

20  adult.

21         Section 6.  Subsection (59) is added to section 985.03,

22  Florida Statutes, to read:

23         985.03  Definitions.--When used in this chapter, the

24  term:

25         (59)  "Violation of supervision" means a violation of

26  community control or a violation of any other sanction that is

27  imposed as a result of a disposition of a delinquent act,

28  including, but not limited to, furlough or aftercare.

29         Section 7.  Subsection (3) of section 985.04, Florida

30  Statutes, is amended, and subsection (9) is added to said

31  section, to read:

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         985.04  Oaths; records; confidential information.--

  2         (3)  Except as provided in subsections (2), (4), (5),

  3  and (6), and (9) and s. 943.053, all information obtained

  4  under this part in the discharge of official duty by any

  5  judge, any employee of the court, any authorized agent of the

  6  Department of Juvenile Justice, the Parole Commission, the

  7  Juvenile Justice Advisory Board, the Department of

  8  Corrections, the district juvenile justice boards, any law

  9  enforcement agent, or any licensed professional or licensed

10  community agency representative participating in the

11  assessment or treatment of a juvenile is confidential and may

12  be disclosed only to the authorized personnel of the court,

13  the Department of Juvenile Justice and its designees, the

14  Department of Corrections, the Parole Commission, the Juvenile

15  Justice Advisory Board, law enforcement agents, school

16  superintendents and their designees, any licensed professional

17  or licensed community agency representative participating in

18  the assessment or treatment of a juvenile, and others entitled

19  under this chapter to receive that information, or upon order

20  of the court. Within each county, the sheriff, the chiefs of

21  police, the district school superintendent, and the department

22  shall enter into an interagency agreement for the purpose of

23  sharing information about juvenile offenders among all

24  parties. The agreement must specify the conditions under which

25  summary criminal history information is to be made available

26  to appropriate school personnel, and the conditions under

27  which school records are to be made available to appropriate

28  department personnel. Such agreement shall require

29  notification to any classroom teacher of assignment to the

30  teacher's classroom of a juvenile who has been placed in a

31  community control or commitment program for a felony offense.

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  The agencies entering into such agreement must comply with s.

  2  943.0525, and must maintain the confidentiality of information

  3  that is otherwise exempt from s. 119.07(1), as provided by

  4  law.

  5         (9)  Notwithstanding any other provision to the

  6  contrary, records of all of a juvenile's prior history of acts

  7  that would be crimes if committed by an adult, and orders of

  8  disposition for such acts, are public records and not

  9  confidential.

10         Section 8.  For the purpose of incorporating the

11  amendment to s. 985.04, Florida Statutes, in a reference

12  thereto, paragraph (k) of subsection (4) of section 985.31,

13  Florida Statutes, is reenacted to read:

14         985.31  Serious or habitual juvenile offender.--

15         (4)  ASSESSMENTS, TESTING, RECORDS, AND INFORMATION.--

16         (k)  Assessment and treatment records are confidential

17  as described in this paragraph and exempt from the provisions

18  of s. 119.07(1) and s. 24(a), Art. I of the State

19  Constitution.

20         1.  The department shall have full access to the

21  assessment and treatment records to ensure coordination of

22  services to the child.

23         2.  The principles of confidentiality of records as

24  provided in s. 985.04 shall apply to the assessment and

25  treatment records of serious or habitual juvenile offenders.

26         Section 9.  Subsection (1) of section 985.05, Florida

27  Statutes, is amended, and paragraph (f) is added to subsection

28  (4) of said section, to read:

29         985.05  Court records.--

30         (1)  The clerk of the court shall make and keep records

31  of all cases brought before it pursuant to this part. The

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  court shall preserve the records pertaining to a child charged

  2  with committing a delinquent act or violation of law until the

  3  child reaches 24 years of age or reaches 26 years of age if he

  4  or she is a serious or habitual delinquent child, until 5

  5  years after the last entry was made, or until 3 years after

  6  the death of the child, whichever is earlier, and may then

  7  destroy them, except that records made of traffic offenses in

  8  which there is no allegation of delinquency may be destroyed

  9  as soon as this can be reasonably accomplished. If a defendant

10  is sentenced for a felony committed before reaching 24 years

11  of age, the clerk must merge the defendant's record of prior

12  delinquent acts with his or her adult record. Records merged

13  pursuant to this section are not confidential. The court shall

14  make official records of all petitions and orders filed in a

15  case arising pursuant to this part and of any other pleadings,

16  certificates, proofs of publication, summonses, warrants, and

17  writs that are filed pursuant to the case.

18         (4)  A court record of proceedings under this part is

19  not admissible in evidence in any other civil or criminal

20  proceeding, except that:

21         (f)  Records that are not confidential as provided in

22  s. 985.04(9) are admissible to the same extent that records of

23  offenses committed by adults are admissible.

24         Section 10.  Subsection (6) of section 985.228, Florida

25  Statutes, is amended to read:

26         985.228  Adjudicatory hearings; withheld adjudications;

27  orders of adjudication.--

28         (6)  Except as the term "conviction" is used in chapter

29  322, and except for use in a subsequent proceeding under this

30  chapter, or as otherwise provided by law, an adjudication of

31  delinquency by a court with respect to any child who has

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  committed a delinquent act or violation of law shall not be

  2  deemed a conviction; nor shall the child be deemed to have

  3  been found guilty or to be a criminal by reason of that

  4  adjudication; nor shall that adjudication operate to impose

  5  upon the child any of the civil disabilities ordinarily

  6  imposed by or resulting from conviction or to disqualify or

  7  prejudice the child in any civil service application or

  8  appointment, with the exception of the use of records of

  9  proceedings under this part as provided in s. 985.05(4).

10         Section 11.  Paragraph (e) of subsection (4) of section

11  985.21, Florida Statutes, is amended to read:

12         985.21  Intake and case management.--

13         (4)  The intake counselor or case manager shall make a

14  preliminary determination as to whether the report, affidavit,

15  or complaint is complete, consulting with the state attorney

16  as may be necessary. In any case where the intake counselor or

17  case manager or the state attorney finds that the report,

18  affidavit, or complaint is insufficient by the standards for a

19  probable cause affidavit, the intake counselor or case manager

20  or state attorney shall return the report, affidavit, or

21  complaint, without delay, to the person or agency originating

22  the report, affidavit, or complaint or having knowledge of the

23  facts or to the appropriate law enforcement agency having

24  investigative jurisdiction of the offense, and shall request,

25  and the person or agency shall promptly furnish, additional

26  information in order to comply with the standards for a

27  probable cause affidavit.

28         (e)  The state attorney may in all cases take action

29  independent of the action or lack of action of the intake

30  counselor or case manager, and shall determine the action

31  which is in the best interest of the public and the child. If

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  the child meets the criteria requiring prosecution as an adult

  2  pursuant to s. 985.226, the state attorney shall request the

  3  court to transfer and certify the child for prosecution as an

  4  adult or shall provide written reasons to the court for not

  5  making such request. In all other cases, the state attorney,

  6  unless otherwise required by law, may:

  7         1.  File a petition for dependency;

  8         2.  File a petition pursuant to chapter 984;

  9         3.  File a petition for delinquency;

10         4.  File a petition for delinquency with a motion to

11  transfer and certify the child for prosecution as an adult;

12         5.  File an information pursuant to s. 985.227;

13         6.  Refer the case to a grand jury;

14         7.  Refer the child to a diversionary, pretrial

15  intervention, arbitration, or mediation program, or to some

16  other treatment or care program if such program commitment is

17  voluntarily accepted by the child or the child's parents or

18  legal guardians; or

19         8.  Decline to file.

20         Section 12.  Paragraph (b) of subsection (4) of section

21  985.211, Florida Statutes, is amended to read:

22         985.211  Release or delivery from custody.--

23         (2)  Unless otherwise ordered by the court pursuant to

24  s. 985.215, and unless there is a need to hold the child, a

25  person taking a child into custody shall attempt to release

26  the child as follows:

27         (a)  To the child's parent, guardian, or legal

28  custodian or, if the child's parent, guardian, or legal

29  custodian is unavailable, unwilling, or unable to provide

30  supervision for the child, to any responsible adult. Prior to

31  releasing the child to a responsible adult, other than the

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  parent, guardian, or legal custodian, the person taking the

  2  child into custody may conduct a criminal history background

  3  check of the person to whom the child is to be released. If

  4  the person has a prior felony conviction, or a conviction for

  5  child abuse, drug trafficking, or prostitution, that person is

  6  not a responsible adult for the purposes of this section. The

  7  person to whom the child is released shall agree to inform the

  8  department or the person releasing the child of the child's

  9  subsequent change of address and to produce the child in court

10  at such time as the court may direct, and the child shall join

11  in the agreement.

12         (b)  Contingent upon specific appropriation, to a

13  shelter approved by the department or to an authorized agent

14  pursuant to s. 39.401(2)(b).

15         (c)  If the child is believed to be suffering from a

16  serious physical condition which requires either prompt

17  diagnosis or prompt treatment, to a law enforcement officer

18  who shall deliver the child to a hospital for necessary

19  evaluation and treatment.

20         (d)  If the child is believed to be mentally ill as

21  defined in s. 394.463(1), to a law enforcement officer who

22  shall take the child to a designated public receiving facility

23  as defined in s. 394.455 for examination pursuant to the

24  provisions of s. 394.463.

25         (e)  If the child appears to be intoxicated and has

26  threatened, attempted, or inflicted physical harm on himself

27  or herself or another, or is incapacitated by substance abuse,

28  to a law enforcement officer who shall deliver the child to a

29  hospital, addictions receiving facility, or treatment

30  resource.

31

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    23-1007A-98                                             See HB




  1         (f)  If available, to a juvenile assessment center

  2  equipped and staffed to assume custody of the child for the

  3  purpose of assessing the needs of the child in custody. The

  4  center may then release or deliver the child pursuant to this

  5  section with a copy of the assessment.

  6         (4)  A person taking a child into custody who

  7  determines, pursuant to s. 985.215, that the child should be

  8  detained or released to a shelter designated by the

  9  department, shall make a reasonable effort to immediately

10  notify the parent, guardian, or legal custodian of the child

11  and shall, without unreasonable delay, deliver the child to

12  the appropriate intake counselor or case manager or, if the

13  court has so ordered pursuant to s. 985.215, to a detention

14  center or facility. Upon delivery of the child, the person

15  taking the child into custody shall make a written report or

16  probable cause affidavit to the appropriate intake counselor

17  or case manager. Such written report or probable cause

18  affidavit must:

19         (a)  Identify the child and, if known, the parents,

20  guardian, or legal custodian.

21         (b)  Establish that the child was legally taken into

22  custody, with sufficient information to establish the

23  jurisdiction of the court and to make a prima facie showing

24  that the child has committed a violation of law or a violation

25  of supervision.

26         Section 13.  Subsection (2) of section 985.215, Florida

27  Statutes, is amended to read:

28         985.215  Detention.--

29         (2)  Subject to the provisions of subsection (1), a

30  child taken into custody and placed into nonsecure or home

31

                                  18

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  detention care or detained in secure detention care prior to a

  2  detention hearing may continue to be detained by the court if:

  3         (a)  The child is alleged to be an escapee or an

  4  absconder from a commitment program, a community control

  5  program, furlough, or aftercare supervision, or is alleged to

  6  have escaped while being lawfully transported to or from such

  7  program or supervision.

  8         (b)  The child is wanted in another jurisdiction for an

  9  offense which, if committed by an adult, would be a felony.

10         (c)  The child is charged with a delinquent act or

11  violation of law and requests in writing through legal counsel

12  to be detained for protection from an imminent physical threat

13  to his or her personal safety.

14         (d)  The child is charged with committing an offense of

15  domestic violence as defined in s. 741.28(1) and is detained

16  as provided in s. 985.213(2)(b)3.

17         (e)  The child is charged with a capital felony, a life

18  felony, a felony of the first degree, a felony of the second

19  degree that does not involve a violation of chapter 893, or a

20  felony of the third degree that is also a crime of violence,

21  including any such offense involving the use or possession of

22  a firearm.

23         (f)  The child is charged with any second degree or

24  third degree felony involving a violation of chapter 893 or

25  any third degree felony that is not also a crime of violence,

26  and the child:

27         1.  Has a record of failure to appear at court hearings

28  after being properly notified in accordance with the Rules of

29  Juvenile Procedure;

30         2.  Has a record of law violations prior to court

31  hearings;

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    23-1007A-98                                             See HB




  1         3.  Has already been detained or has been released and

  2  is awaiting final disposition of the case;

  3         4.  Has a record of violent conduct resulting in

  4  physical injury to others; or

  5         5.  Is found to have been in possession of a firearm.

  6         (g)  The child is alleged to have violated the

  7  conditions of the child's community control or aftercare

  8  supervision. However, a child detained under this paragraph

  9  may be held only in a consequence unit as provided in s.

10  985.231(1)(a)1.c. If a consequence unit is not available, the

11  child shall be placed on home detention with electronic

12  monitoring.

13

14  A child who meets any of these criteria and who is ordered to

15  be detained pursuant to this subsection shall be given a

16  hearing within 24 hours after being taken into custody. The

17  purpose of the detention hearing is to determine the existence

18  of probable cause that the child has committed the delinquent

19  act or violation of law with which he or she is charged and

20  the need for continued detention. Unless a child is detained

21  under paragraph (d) or s. 985.2155, the court shall utilize

22  the results of the risk assessment performed by the intake

23  counselor or case manager and, based on the criteria in this

24  subsection, shall determine the need for continued detention.

25  A child placed into secure, nonsecure, or home detention care

26  may continue to be so detained by the court pursuant to this

27  subsection. If the court orders a placement more restrictive

28  than indicated by the results of the risk assessment

29  instrument, the court shall state, in writing, clear and

30  convincing reasons for such placement. Except as provided in

31  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

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    23-1007A-98                                             See HB




  1  paragraph (10)(c), or paragraph (10)(d), when a child is

  2  placed into secure or nonsecure detention care, or into a

  3  respite home or other placement pursuant to a court order

  4  following a hearing, the court order must include specific

  5  instructions that direct the release of the child from such

  6  placement no later than 5 p.m. on the last day of the

  7  detention period specified in paragraph (5)(b) or paragraph

  8  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

  9  unless the requirements of such applicable provision have been

10  met or an order of continuance has been granted pursuant to

11  paragraph (5)(d).

12         (4)  The court shall order the delivery of a child to a

13  jail or other facility intended or used for the detention of

14  adults:

15         (a)  When the child has been transferred or indicted

16  for criminal prosecution as an adult pursuant to this part,

17  except that the court may not order or allow a child alleged

18  to have committed a misdemeanor who is being transferred for

19  criminal prosecution pursuant to either s. 985.226 or s.

20  985.227 to be detained or held in a jail or other facility

21  intended or used for the detention of adults; however, such

22  child may be held temporarily in a detention facility; or

23         (b)  When a child taken into custody in this state is

24  wanted by another jurisdiction for prosecution as an adult.

25

26  The child shall be housed separately from adult inmates to

27  prohibit a child from having regular contact with incarcerated

28  adults, including trustees. "Regular contact" means sight and

29  sound contact. Separation of children from adults shall permit

30  no more than haphazard or accidental contact. The receiving

31  jail or other facility shall contain a separate section for

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  children and shall have an adequate staff to supervise and

  2  monitor the child's activities at all times. Supervision and

  3  monitoring of children includes physical observation and

  4  documented checks by jail or receiving facility supervisory

  5  personnel at intervals not to exceed 15 minutes. This

  6  paragraph does not prohibit placing two or more children in

  7  the same cell. Under no circumstances shall a child be placed

  8  in the same cell with an adult.

  9         Section 14.  For the purpose of incorporating the

10  amendment made by this act to section 985.215, Florida

11  Statutes, in a reference thereto, subsection (1) of section

12  985.208, Florida Statutes, is reenacted to read:

13         985.208  Detention of furloughed child or escapee on

14  authority of the department.--

15         (1)  If an authorized agent of the department has

16  reasonable grounds to believe that any delinquent child

17  committed to the department has escaped from a facility of the

18  department or from being lawfully transported thereto or

19  therefrom, the agent may take the child into active custody

20  and may deliver the child to the facility or, if it is closer,

21  to a detention center for return to the facility. However, a

22  child may not be held in detention longer than 24 hours,

23  excluding Saturdays, Sundays, and legal holidays, unless a

24  special order so directing is made by the judge after a

25  detention hearing resulting in a finding that detention is

26  required based on the criteria in s. 985.215(2). The order

27  shall state the reasons for such finding. The reasons shall be

28  reviewable by appeal or in habeas corpus proceedings in the

29  district court of appeal.

30         Section 15.  For the purpose of incorporating the

31  amendment made by this act to section 985.215, Florida

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  Statutes, in a reference thereto, subsection (5) of section

  2  985.219, Florida Statutes, is reenacted to read:

  3         985.219  Process and service.--

  4         (5)  If the petition alleges that the child has

  5  committed a delinquent act or violation of law and the judge

  6  deems it advisable to do so, pursuant to the criteria of s.

  7  985.215, the judge may, by endorsement upon the summons and

  8  after the entry of an order in which valid reasons are

  9  specified, order the child to be taken into custody

10  immediately, and in such case the person serving the summons

11  shall immediately take the child into custody.

12         Section 16.  Paragraph (b) of subsection (2) of section

13  985.213, Florida Statutes, is amended to read:

14         985.213  Use of detention.--

15         (2)

16         (b)1.  The risk assessment instrument for detention

17  care placement determinations and orders shall be developed by

18  the Department of Juvenile Justice in agreement with

19  representatives appointed by the following associations: the

20  Conference of Circuit Judges of Florida, the Prosecuting

21  Attorneys Association, and the Public Defenders Association.

22  Each association shall appoint two individuals, one

23  representing an urban area and one representing a rural area.

24  The parties involved shall evaluate and revise the risk

25  assessment instrument as is considered necessary using the

26  method for revision as agreed by the parties. The risk

27  assessment instrument shall take into consideration, but need

28  not be limited to, prior history of failure to appear, prior

29  offenses, offenses committed pending adjudication, any

30  unlawful possession of a firearm, theft of a motor vehicle or

31  possession of a stolen motor vehicle, and community control

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  status at the time the child is taken into custody. The risk

  2  assessment instrument shall also take into consideration

  3  appropriate aggravating and mitigating circumstances, and

  4  shall be designed to target a narrower population of children

  5  than s. 985.215(2). The risk assessment instrument shall also

  6  include any information concerning the child's history of

  7  abuse and neglect. The risk assessment shall indicate whether

  8  detention care is warranted, and, if detention care is

  9  warranted, whether the child should be placed into secure,

10  nonsecure, or home detention care.

11         2.  If, at the detention hearing, the court finds a

12  material error in the scoring of the risk assessment

13  instrument, the court may amend the score to reflect factual

14  accuracy.

15         3.  A child who is charged with committing an offense

16  of domestic violence as defined in s. 741.28(1) and who does

17  not meet detention criteria may be held in secure detention if

18  the court makes specific written findings that:

19         a.  The offense of domestic violence which the child is

20  charged with committing caused physical injury to the victim;

21         b.  Respite care for the child is not available; and

22         c.  It is necessary to place the child in secure

23  detention in order to protect the victim from further injury.

24

25  The child may not be held in secure detention under this

26  subparagraph for more than 48 hours unless ordered by the

27  court. After 48 hours, the court shall hold a hearing if the

28  state attorney or victim requests that secure detention be

29  continued. The child may continue to be held in secure

30  detention if the court makes a specific, written finding that

31  secure detention is necessary to protect the victim from

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  further injury. However, the child may not be held in secure

  2  detention beyond the time limits set forth in s. 985.215 or s.

  3  985.2155 39.044.

  4         Section 17.  Paragraph (a) of subsection (1) of section

  5  985.231, Florida Statutes, is amended to read:

  6         985.231  Powers of disposition in delinquency cases.--

  7         (1)(a)  The court that has jurisdiction of an

  8  adjudicated delinquent child may, by an order stating the

  9  facts upon which a determination of a sanction and

10  rehabilitative program was made at the disposition hearing:

11         1.  Place the child in a community control program or

12  an aftercare program under the supervision of an authorized

13  agent of the Department of Juvenile Justice or of any other

14  person or agency specifically authorized and appointed by the

15  court, whether in the child's own home, in the home of a

16  relative of the child, or in some other suitable place under

17  such reasonable conditions as the court may direct. A

18  community control program for an adjudicated delinquent child

19  must include a penalty component such as restitution in money

20  or in kind, community service, a curfew, revocation or

21  suspension of the driver's license of the child, or other

22  nonresidential punishment appropriate to the offense and must

23  also include a rehabilitative program component such as a

24  requirement of participation in substance abuse treatment or

25  in school or other educational program.

26         a.  A restrictiveness level classification scale for

27  levels of supervision shall be provided by the department,

28  taking into account the child's needs and risks relative to

29  community control supervision requirements to reasonably

30  ensure the public safety. Community control programs for

31  children shall be supervised by the department or by any other

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    23-1007A-98                                             See HB




  1  person or agency specifically authorized by the court. These

  2  programs must include, but are not limited to, structured or

  3  restricted activities as described in this subparagraph, and

  4  shall be designed to encourage the child toward acceptable and

  5  functional social behavior. If supervision or a program of

  6  community service is ordered by the court, the duration of

  7  such supervision or program must be consistent with any

  8  treatment and rehabilitation needs identified for the child

  9  and may not exceed the term for which sentence could be

10  imposed if the child were committed for the offense, except

11  that the duration of such supervision or program for an

12  offense that is a misdemeanor of the second degree, or is

13  equivalent to a misdemeanor of the second degree, may be for a

14  period not to exceed 6 months. When restitution is ordered by

15  the court, the amount of restitution may not exceed an amount

16  the child and the parent or guardian could reasonably be

17  expected to pay or make. A child who participates in any work

18  program under this part is considered an employee of the state

19  for purposes of liability, unless otherwise provided by law.

20         b.  The court may conduct judicial review hearings for

21  a child placed on community control for the purpose of

22  fostering accountability to the judge and compliance with

23  other requirements, such as restitution and community service.

24  The court may allow early termination of community control for

25  a child who has substantially complied with the terms and

26  conditions of community control.

27         c.  If the conditions of the community control program

28  or the aftercare program are violated, the agent supervising

29  the program as it relates to the child involved, or the state

30  attorney, may bring the child before the court on a petition

31  alleging a violation of the program. Any child who violates

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    23-1007A-98                                             See HB




  1  the conditions of community control or aftercare must be

  2  brought before the court if sanctions are sought. A child

  3  taken into custody under s. 985.207 39.037 for violating the

  4  conditions of community control or aftercare shall be held in

  5  a consequence unit if such a unit is available. The child

  6  shall be afforded a hearing within 24 hours after being taken

  7  into custody to determine the existence of probable cause that

  8  the child violated the conditions of community control or

  9  aftercare. A consequence unit is a secure facility

10  specifically designated by the department for children who are

11  taken into custody under s. 985.207 for violating community

12  control or aftercare, or who have been found by the court to

13  have violated the conditions of community control or

14  aftercare. If the violation involves a new charge of

15  delinquency, the child may be detained under s. 985.215 in a

16  facility other than a consequence unit. If the child is not

17  eligible for detention for the new charge of delinquency, the

18  child may be held in the consequence unit pending a hearing

19  and is subject to the time limitations specified in s.

20  985.215. If the child denies violating the conditions of

21  community control or aftercare, the court shall appoint

22  counsel to represent the child at the child's request. Upon

23  the child's admission, or if the court finds after a hearing

24  that the child has violated the conditions of community

25  control or aftercare, the court shall enter an order revoking,

26  modifying, or continuing community control or aftercare. In

27  each such case, the court shall enter a new disposition order

28  and, in addition to the sanctions set forth in this paragraph,

29  may impose any sanction the court could have imposed at the

30  original disposition hearing. If the child is found to have

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  violated the conditions of community control or aftercare, the

  2  court may:

  3         (I)  Place the child in a consequence unit in that

  4  judicial circuit, if available, for up to 5 days for a first

  5  violation, and up to 15 days for a second or subsequent

  6  violation.

  7         (II)  Place the child on home detention with electronic

  8  monitoring. However, this sanction may be used only if a

  9  consequence unit is not available.

10         (III)  Modify or continue the child's community control

11  program or aftercare program.

12         (IV)  Revoke community control or aftercare and commit

13  the child to the department.

14         d.  Notwithstanding s. 743.07 and paragraph (d), and

15  except as provided in s. 985.31, the term of any order placing

16  a child in a community control program must be until the

17  child's 19th birthday unless he or she is released by the

18  court, on the motion of an interested party or on its own

19  motion.

20         2.  Commit the child to a licensed child-caring agency

21  willing to receive the child., but The court may not commit

22  the child to a jail or to a facility used primarily as a

23  detention center or facility or shelter unless otherwise

24  provided by law.

25         3.  Commit the child to the Department of Juvenile

26  Justice at a restrictiveness level defined in s. 985.03(45).

27  Such commitment must be for the purpose of exercising active

28  control over the child, including, but not limited to,

29  custody, care, training, urine monitoring, and treatment of

30  the child and furlough of the child into the community.

31  Notwithstanding s. 743.07 and paragraph (d), and except as

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  provided in s. 985.31, the term of the commitment must be

  2  until the child is discharged by the department or until he or

  3  she reaches the age of 21.

  4         4.  Revoke or suspend the driver's license of the

  5  child.

  6         5.  Require the child and, if the court finds it

  7  appropriate, the child's parent or guardian together with the

  8  child, to render community service in a public service

  9  program.

10         6.  As part of the community control program to be

11  implemented by the Department of Juvenile Justice, or, in the

12  case of a committed child, as part of the community-based

13  sanctions ordered by the court at the disposition hearing or

14  before the child's release from commitment, order the child to

15  make restitution in money, through a promissory note cosigned

16  by the child's parent or guardian, or in kind for any damage

17  or loss caused by the child's offense in a reasonable amount

18  or manner to be determined by the court. The clerk of the

19  circuit court shall be the receiving and dispensing agent. In

20  such case, the court shall order the child or the child's

21  parent or guardian to pay to the office of the clerk of the

22  circuit court an amount not to exceed the actual cost incurred

23  by the clerk as a result of receiving and dispensing

24  restitution payments. The clerk shall notify the court if

25  restitution is not made, and the court shall take any further

26  action that is necessary against the child or the child's

27  parent or guardian. A finding by the court, after a hearing,

28  that the parent or guardian has made diligent and good faith

29  efforts to prevent the child from engaging in delinquent acts

30  absolves the parent or guardian of liability for restitution

31  under this subparagraph.

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    23-1007A-98                                             See HB




  1         7.  Order the child and, if the court finds it

  2  appropriate, the child's parent or guardian together with the

  3  child, to participate in a community work project, either as

  4  an alternative to monetary restitution or as part of the

  5  rehabilitative or community control program.

  6         8.  Commit the child to the Department of Juvenile

  7  Justice for placement in a program or facility for serious or

  8  habitual juvenile offenders in accordance with s. 985.31. Any

  9  commitment of a child to a program or facility for serious or

10  habitual juvenile offenders must be for an indeterminate

11  period of time, but the time may not exceed the maximum term

12  of imprisonment that an adult may serve for the same offense.

13  The court may retain jurisdiction over such child until the

14  child reaches the age of 21, specifically for the purpose of

15  the child completing the program.

16         9.  In addition to the sanctions imposed on the child,

17  order the parent or guardian of the child to perform community

18  service if the court finds that the parent or guardian did not

19  make a diligent and good faith effort to prevent the child

20  from engaging in delinquent acts. The court may also order the

21  parent or guardian to make restitution in money or in kind for

22  any damage or loss caused by the child's offense. The court

23  shall determine a reasonable amount or manner of restitution,

24  and payment shall be made to the clerk of the circuit court as

25  provided in subparagraph 6.

26         10.  Subject to specific appropriation, commit the

27  juvenile sexual offender to the Department of Juvenile Justice

28  for placement in a program or facility for juvenile sexual

29  offenders in accordance with s. 985.308.  Any commitment of a

30  juvenile sexual offender to a program or facility for juvenile

31  sexual offenders must be for an indeterminate period of time,

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  but the time may not exceed the maximum term of imprisonment

  2  that an adult may serve for the same offense.  The court may

  3  retain jurisdiction over a juvenile sexual offender until the

  4  juvenile sexual offender reaches the age of 21, specifically

  5  for the purpose of completing the program.

  6         Section 18.  Section 985.2155, Florida Statutes, is

  7  created to read:

  8         985.2155  Violations of supervision; failure to

  9  appear.--Notwithstanding s. 985.215, if a juvenile fails to

10  appear for an arraignment for a violation of supervision or

11  for a hearing on the violation of supervision, and if the

12  hearing on the violation is set within 14 days at the

13  detention hearing for the failure to appear, the juvenile may

14  be detained for a maximum of 14 days while awaiting a hearing,

15  unless the juvenile otherwise qualifies for a longer period of

16  detention.

17         Section 19.  Subsection (6) of section 985.218, Florida

18  Statutes, is repealed.

19         Section 20.  Subsection (2) of section 985.226, Florida

20  Statutes, is amended to read:

21         985.226  Criteria for waiver of juvenile court

22  jurisdiction; hearing on motion to transfer for prosecution as

23  an adult.--

24         (1)  VOLUNTARY WAIVER.--The court shall transfer and

25  certify a child's criminal case for trial as an adult if the

26  child is alleged to have committed a violation of law and,

27  prior to the commencement of an adjudicatory hearing, the

28  child, joined by a parent or, in the absence of a parent, by

29  the guardian or guardian ad litem, demands in writing to be

30  tried as an adult. Once a child has been transferred for

31  criminal prosecution pursuant to a voluntary waiver hearing

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  and has been found to have committed the presenting offense or

  2  a lesser included offense, the child shall be handled

  3  thereafter in every respect as an adult for any subsequent

  4  violation of state law, unless the court imposes juvenile

  5  sanctions under s. 985.233(4)(b).

  6         (2)  INVOLUNTARY WAIVER.--

  7         (a)  Discretionary involuntary waiver.--Except as

  8  provided in paragraph (b), the state attorney may file a

  9  motion requesting the court to transfer the child for criminal

10  prosecution if the child was 14 years of age or older at the

11  time the alleged delinquent act or violation of law was

12  committed.

13         (b)  Mandatory waiver.--

14         1.  If the child was 14 years of age or older; and if

15  the child has been previously adjudicated delinquent for an

16  act classified as a felony, which adjudication was for the

17  commission of, or attempt to commit, murder, sexual battery,

18  armed or strong-armed robbery, carjacking, home-invasion

19  robbery, aggravated battery, or aggravated assault, and the

20  child is currently charged with a second or subsequent violent

21  crime against a person; or, the state attorney shall file a

22  motion requesting the court to transfer and certify the

23  juvenile for prosecution as an adult, or proceed pursuant to

24  s. 985.227(1).

25         2.(b)  Mandatory involuntary waiver.--If the child was

26  14 years of age or older at the time of commission of a fourth

27  or subsequent alleged felony offense and the child was

28  previously adjudicated delinquent or had adjudication withheld

29  for or was found to have committed, or to have attempted or

30  conspired to commit, three offenses that are felony offenses

31  if committed by an adult, and one or more of such felony

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  offenses involved the use or possession of a firearm or

  2  violence against a person;,

  3

  4  the state attorney shall request the court to transfer and

  5  certify the child for prosecution as an adult or shall provide

  6  written reasons to the court for not making such request, or

  7  proceed pursuant to s. 985.227(1).  Upon the state attorney's

  8  request, the court shall either enter an order transferring

  9  the case and certifying the case for trial as if the child

10  were an adult or provide written reasons for not issuing such

11  an order.

12         (4)  EFFECT OF ORDER WAIVING JURISDICTION.--If the

13  court finds, after a waiver hearing under subsection (3), that

14  a juvenile who was 14 years of age or older at the time the

15  alleged violation of state law was committed should be charged

16  and tried as an adult, the court shall enter an order

17  transferring the case and certifying the case for trial as if

18  the child were an adult. The child shall thereafter be subject

19  to prosecution, trial, and sentencing as if the child were an

20  adult but subject to the provisions of s. 985.233. Once a

21  child has been transferred for criminal prosecution pursuant

22  to an involuntary waiver hearing and has been found to have

23  committed the presenting offense or a lesser included offense,

24  the child shall thereafter be handled in every respect as an

25  adult for any subsequent violation of state law, unless the

26  court imposes juvenile sanctions under s. 985.233.

27         Section 21.  Subsections (1), (2), (3), and (4) of

28  section 985.227, Florida Statutes, are amended, and new

29  subsection (5) is added to said section, to read:

30         985.227  Prosecution of juveniles as adults by the

31  direct filing of an information in the criminal division of

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  the circuit court; discretionary criteria; mandatory

  2  criteria.--

  3         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

  4         (a)  With respect to any child who was 14 or 15 years

  5  of age at the time the alleged offense was committed, the

  6  state attorney may file an information when in the state

  7  attorney's judgment and discretion the public interest

  8  requires that adult sanctions be considered or imposed and

  9  when the offense charged is for the commission of, or attempt

10  to commit:

11         1.  Arson;

12         2.  Sexual battery;

13         3.  Robbery;

14         4.  Kidnapping;

15         5.  Aggravated child abuse;

16         6.  Aggravated assault;

17         7.  Aggravated stalking;

18         8.  Murder;

19         9.  Manslaughter;

20         10.  Unlawful throwing, placing, or discharging of a

21  destructive device or bomb;

22         11.  Armed burglary in violation of s. 810.02(2)(b) or

23  specified burglary of a dwelling or structure in violation of

24  s. 810.02(2)(c);

25         12.  Aggravated battery;

26         13.  Lewd or lascivious assault or act in the presence

27  of a child;

28         14.  Carrying, displaying, using, threatening, or

29  attempting to use a weapon or firearm during the commission of

30  a felony; or

31         15.  Grand theft in violation of s. 812.014(2)(a).

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         (b)  Except as provided in subsection (2), with respect

  2  to any child who was 16 or 17 years of age at the time the

  3  alleged offense was committed, the state attorney may file an

  4  information when in the state attorney's judgment and

  5  discretion the public interest requires that adult sanctions

  6  be considered or imposed. Except as provided in subsection

  7  (2), However, the state attorney may not file an information

  8  on a child charged with a misdemeanor, unless the child has

  9  had at least two previous adjudications or adjudications

10  withheld for delinquent acts, one of which involved an offense

11  classified as a felony under state law.

12         (2)  MANDATORY DIRECT FILE.--

13         (a)  With respect to any child who was 16 or 17 years

14  of age at the time the alleged offense was committed, the

15  state attorney shall file an information if the child has been

16  previously adjudicated delinquent for an act classified as a

17  felony, which adjudication was for the commission of, or

18  attempt to commit, murder, sexual battery, armed or

19  strong-armed robbery, carjacking, home-invasion robbery,

20  aggravated battery, or aggravated assault, and the child is

21  currently charged with a second or subsequent violent crime

22  against a person.

23         (b)  The state attorney must file an information

24  charging a person as an adult for an offense committed by any

25  child if the child is 16 years of age or older at the time of

26  the offense that would be a misdemeanor or a felony, if

27  committed by an adult, and either:

28         1.  The child has received adjudications of delinquency

29  or withholdings of adjudication of delinquency for three acts

30  that would be felonies if committed by an adult; or

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         2.  The child has received adjudications of delinquency

  2  or withholdings of adjudication of delinquency for six acts

  3  that would be either felonies or misdemeanors if committed by

  4  an adult.  For purposes of this subparagraph, a violation of

  5  community control or other supervision which is not based

  6  solely on a new delinquent act shall be counted as though it

  7  were a separate, additional misdemeanor offense.

  8

  9  However, an act shall not be counted as an additional act

10  under this paragraph if it occurred within 45 days of another

11  act that is counted towards the maximum number of offenses

12  under this paragraph that a juvenile may commit before adult

13  sanctions must be imposed. Multiple counts within a case shall

14  be considered one offense for the purposes of this paragraph.

15  Notwithstanding subsection (1), regardless of the child's age

16  at the time the alleged offense was committed, the state

17  attorney must file an information with respect to any child

18  who previously has been adjudicated for offenses which, if

19  committed by an adult, would be felonies and such

20  adjudications occurred at three or more separate delinquency

21  adjudicatory hearings, and three of which resulted in

22  residential commitments as defined in s. 985.03(45).

23         (c)  The state attorney must file an information if a

24  child, regardless of the child's age at the time the alleged

25  offense was committed, is alleged to have committed an act

26  that would be a violation of law if the child were an adult,

27  that involves stealing a motor vehicle, including, but not

28  limited to, a violation of s. 812.133, relating to carjacking,

29  or s. 812.014(2)(c)6., relating to grand theft of a motor

30  vehicle, and while the child was in possession of the stolen

31  motor vehicle the child caused serious bodily injury to or the

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  death of a person who was not involved in the underlying

  2  offense. For purposes of this section, the driver and all

  3  willing passengers in the stolen motor vehicle at the time

  4  such serious bodily injury or death is inflicted shall also be

  5  subject to mandatory transfer to adult court. "Stolen motor

  6  vehicle," for the purposes of this section, means a motor

  7  vehicle that has been the subject of any criminal wrongful

  8  taking. For purposes of this section, "willing passengers"

  9  means all willing passengers who have participated in the

10  underlying offense.

11         (3)  EFFECT OF DIRECT FILE.--

12         (a)  Once a child has been transferred for criminal

13  prosecution pursuant to an information and has been found to

14  have committed the presenting offense or a lesser included

15  offense, the child shall be handled thereafter in every

16  respect as if an adult for any subsequent violation of state

17  law, unless the court imposes juvenile sanctions under s.

18  985.233.

19         (b)  When a child is transferred for criminal

20  prosecution as an adult, the court shall immediately transfer

21  and certify to the circuit appropriate court all felony

22  preadjudicatory cases that have not yet resulted in a plea, or

23  in an adjudicatory hearing where a finding of guilt has been

24  made, that pertain to that child which are pending in juvenile

25  court, including, but not limited to, all cases involving

26  offenses that occur or are referred between the date of

27  transfer and sentencing in adult court and all outstanding

28  juvenile disposition orders. The juvenile court shall make

29  every effort to dispose of all predispositional cases and

30  transfer those cases to the adult court prior to adult

31  sentencing. It is the intent of the Legislature to require all

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  cases occurring prior to the sentencing hearing in adult court

  2  to be handled by the adult court for final resolution with the

  3  original transfer case.

  4         (c)  When a child has been transferred for criminal

  5  prosecution as an adult and has been found to have committed a

  6  violation of state law, the disposition of the case may be

  7  made under s. 985.233 and may include the enforcement of any

  8  restitution ordered in any juvenile proceeding.

  9         (4)  DIRECT-FILE POLICIES AND GUIDELINES.--Each state

10  attorney shall develop and annually update written policies

11  and guidelines to govern determinations for filing an

12  information on a juvenile, to be submitted to the Executive

13  Office of the Governor, the President of the Senate, the

14  Speaker of the House of Representatives, and the Juvenile

15  Justice Advisory Board not later than January 1 of each year.

16         (5)  An information filed pursuant to this section may

17  include all charges that are based on the same act, criminal

18  episode, or transaction as the primary offenses.

19         Section 22.  Subsection (4) of section 985.233, Florida

20  Statutes, is amended to read:

21         985.233  Sentencing powers; procedures; alternatives

22  for juveniles prosecuted as adults.--

23         (4)  SENTENCING ALTERNATIVES.--

24         (a)  Sentencing to adult sanctions.--

25         1.  Cases prosecuted on indictment.--If the child is

26  found to have committed the offense punishable by death or

27  life imprisonment, the child shall be sentenced as an adult.

28  If the juvenile is not found to have committed the indictable

29  offense but is found to have committed a lesser included

30  offense or any other offense for which he or she was indicted

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  as a part of the criminal episode, the court may sentence as

  2  follows:

  3         a.  As an adult pursuant to this section;

  4         b.  By withholding adjudication of guilt, and placing

  5  the child on probation or community control to be supervised

  6  by the Department of Corrections. Such probation or community

  7  control may include a special condition requiring the child to

  8  successfully complete a commitment program as recommended by

  9  the Department of Juvenile Justice. A judge in adult court

10  shall have the authority to access the commitment programs of

11  the Department of Juvenile Justice for purposes of imposing a

12  sentence under this paragraph. A juvenile shall not be

13  required to report or pay supervision costs to the Department

14  of Corrections while participating in a commitment program of

15  the Department of Juvenile Justice;

16         c.b.  Pursuant to chapter 958, notwithstanding any

17  other provision of that chapter to the contrary; or

18         d.c.  As a juvenile pursuant to this section.

19         2.  Other cases.--If a child who has been transferred

20  for criminal prosecution pursuant to information or waiver of

21  juvenile court jurisdiction is found to have committed a

22  violation of state law or a lesser included offense for which

23  he or she was charged as a part of the criminal episode, the

24  court may sentence as follows:

25         a.  As an adult pursuant to this section;

26         b.  By withholding adjudication of guilt, and placing

27  the child on probation or community control to be supervised

28  by the Department of Corrections. Such probation or community

29  control may include a special condition requiring the child to

30  successfully complete a commitment program as recommended by

31  the Department of Juvenile Justice. A judge in adult court

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  shall have the authority to access the commitment programs of

  2  the Department of Juvenile Justice for purposes of imposing a

  3  sentence under this paragraph. A juvenile shall not be

  4  required to report or pay supervision costs to the Department

  5  of Corrections while participating in a commitment program of

  6  the Department of Juvenile Justice;

  7         c.b.  Pursuant to chapter 958, notwithstanding any

  8  other provision of that chapter to the contrary; or

  9         d.c.  As a juvenile pursuant to this section.

10         3.  Notwithstanding any other provision to the

11  contrary, if the state attorney is required to file a motion

12  to transfer and certify the juvenile for prosecution as an

13  adult pursuant to s. 985.226(2)(b) and that motion is granted,

14  or if the state attorney is required to file an information

15  pursuant to s. 985.227(2)(a) or (b), the court may not impose

16  juvenile sanctions, withhold adjudication of guilt, or impose

17  a sentence pursuant to subparagraph 1.b. or subparagraph 2.b.

18         4.3.  Any sentence imposing adult sanctions is presumed

19  appropriate, and the court is not required to set forth

20  specific findings or enumerate the criteria in this subsection

21  as any basis for its decision to impose adult sanctions.

22         5.4.  When a child has been transferred for criminal

23  prosecution as an adult and has been found to have committed a

24  violation of state law, the disposition of the case may

25  include the enforcement of any restitution ordered in any

26  juvenile proceeding.

27         (b)  Sentencing to juvenile sanctions.--For juveniles

28  transferred to adult court but who do not qualify for such

29  transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or

30  (b), the court may impose juvenile sanctions under this

31  paragraph. The court shall In order to use this paragraph, the

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  court shall stay adjudication of guilt and instead shall

  2  adjudge the child to have committed a delinquent act.

  3  Adjudication of delinquency shall not be deemed a conviction,

  4  nor shall it operate to impose any of the civil disabilities

  5  ordinarily resulting from a conviction. The court shall impose

  6  an adult sanction or a juvenile sanction and may not sentence

  7  the child to a combination of adult and juvenile punishments.

  8  An adult sanction or a juvenile sanction may include

  9  enforcement of an order of restitution or community control

10  previously ordered in any juvenile proceeding. However, if the

11  court imposes a juvenile sanction and the department

12  determines that the sanction is unsuitable for the child, the

13  department shall return custody of the child to the sentencing

14  court for further proceedings, including the imposition of

15  adult sanctions. Upon adjudicating a child delinquent under

16  subsection (1), the court may:

17         1.  Place the child in a community control program

18  under the supervision of the department for an indeterminate

19  period of time until the child reaches the age of 19 years or

20  sooner if discharged by order of the court.

21         2.  Commit the child to the department for treatment in

22  an appropriate program for children for an indeterminate

23  period of time until the child is 21 or sooner if discharged

24  by the department.  The department shall notify the court of

25  its intent to discharge no later than 14 days prior to

26  discharge.  Failure of the court to timely respond to the

27  department's notice shall be considered approval for

28  discharge.

29         3.  Order disposition pursuant to s. 985.231 as an

30  alternative to youthful offender or adult sentencing if the

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  court determines not to impose youthful offender or adult

  2  sanctions.

  3         (c)  Imposition of adult sanctions upon failure of

  4  juvenile sanctions.--If a child proves not to be suitable to a

  5  community control program or for a treatment program under the

  6  provisions of subparagraph (b)2., the court may revoke the

  7  previous adjudication, impose an adjudication of guilt,

  8  classify the child as a youthful offender when appropriate,

  9  and impose any sentence which it may lawfully impose, giving

10  credit for all time spent by the child in the department.

11         (d)  Recoupment of cost of care in juvenile justice

12  facilities.--When the court orders commitment of a child to

13  the Department of Juvenile Justice for treatment in any of the

14  department's programs for children, the court shall order the

15  natural or adoptive parents of such child, the natural father

16  of such child born out of wedlock who has acknowledged his

17  paternity in writing before the court, or guardian of such

18  child's estate, if possessed of assets which under law may be

19  disbursed for the care, support, and maintenance of the child,

20  to pay fees to the department equal to the actual cost of the

21  care, support, and maintenance of the child, unless the court

22  determines that the parent or legal guardian of the child is

23  indigent. The court may reduce the fees or waive the fees upon

24  a showing by the parent or guardian of an inability to pay the

25  full cost of the care, support, and maintenance of the child.

26  In addition, the court may waive the fees if it finds that the

27  child's parent or guardian was the victim of the child's

28  delinquent act or violation of law or if the court finds that

29  the parent or guardian has made a diligent and good faith

30  effort to prevent the child from engaging in the delinquent

31  act or violation of law. When the order affects the

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  guardianship estate, a certified copy of the order shall be

  2  delivered to the judge having jurisdiction of the guardianship

  3  estate.

  4         (e)  Further proceedings heard in adult court.--When a

  5  child is sentenced to juvenile sanctions, further proceedings

  6  involving those sanctions shall continue to be heard in the

  7  adult court.

  8         (f)  Scope of sanction; custody return to sentencing

  9  court.--An adult sanction or a juvenile sanction may include

10  enforcement of an order of restitution or community control

11  previously ordered in any juvenile proceeding. However, if the

12  court imposes a juvenile sanction and the department

13  determines that the sanction is unsuitable for the child, the

14  department shall return custody of the child to the sentencing

15  court for further proceedings, including the imposition of

16  adult sanctions.

17

18  It is the intent of the Legislature that the criteria and

19  guidelines in this subsection are mandatory and that a

20  determination of disposition under this subsection is subject

21  to the right of the child to appellate review under s.

22  985.234.

23         Section 23.  For the purpose of incorporating the

24  amendment made by this act to section 985.233, Florida

25  Statutes, in references thereto, subsections (3) and (4) of

26  section 985.225, Florida Statutes, are reenacted to read:

27         985.225  Indictment of a juvenile.--

28         (3)  If the child is found to have committed the

29  offense punishable by death or by life imprisonment, the child

30  shall be sentenced as an adult. If the juvenile is not found

31  to have committed the indictable offense but is found to have

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  committed a lesser included offense or any other offense for

  2  which he or she was indicted as a part of the criminal

  3  episode, the court may sentence pursuant to s. 985.233.

  4         (4)  Once a child has been indicted pursuant to this

  5  subsection and has been found to have committed any offense

  6  for which he or she was indicted as a part of the criminal

  7  episode, the child shall be handled thereafter in every

  8  respect as if an adult for any subsequent violation of state

  9  law, unless the court imposes juvenile sanctions under s.

10  985.233.

11         Section 24.  For the purpose of incorporating the

12  amendment made by this act to section 985.233, Florida

13  Statutes, in a reference thereto, paragraph (k) of subsection

14  (3) of section 985.31, Florida Statutes, is reenacted to read:

15         985.31  Serious or habitual juvenile offender.--

16         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

17  TREATMENT.--

18         (k)  Any commitment of a child to the department for

19  placement in a serious or habitual juvenile offender program

20  or facility shall be for an indeterminate period of time, but

21  the time shall not exceed the maximum term of imprisonment

22  which an adult may serve for the same offense. Notwithstanding

23  the provisions of ss. 743.07 and 985.231(1)(d), a serious or

24  habitual juvenile offender shall not be held under commitment

25  from a court pursuant to this section, s. 985.231, or s.

26  985.233 after becoming 21 years of age. This provision shall

27  apply only for the purpose of completing the serious or

28  habitual juvenile offender program pursuant to this chapter

29  and shall be used solely for the purpose of treatment.

30         Section 25.  Subsections (3) and (6) of section

31  985.309, Florida Statutes, are amended to read:

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         985.309  Boot camp for children.--

  2         (3)  A child may be placed in a boot camp program if he

  3  or she is at least 14 years of age and has not entered a plea

  4  of guilty or nolo contendere to, or been adjudicated of, but

  5  less than 18 years of age at the time of adjudication and has

  6  been committed to the department for any offense that, if

  7  committed by an adult, would be a felony, other than a capital

  8  felony, a life felony, or a violent felony of the first

  9  degree. A child may be placed in an early-intervention boot

10  camp program if he or she is at least 12 years of age, has not

11  entered a plea of guilty or nolo contendere to, or been

12  adjudicated of, a capital felony, a life felony, or a violent

13  felony of the first degree, and otherwise qualifies pursuant

14  to paragraph (6)(c).

15         (6)  A boot camp operated by the department, a county,

16  or a municipality must provide for the following minimum

17  periods of participation:

18         (a)  A participant in a low-risk residential program

19  must spend at least 2 months in the boot camp component of the

20  program and at least 2 months in aftercare.

21         (b)  A participant in a moderate-risk residential

22  program must spend at least 4 months in the boot camp

23  component of the program and at least 4 months in aftercare.

24         (c)  The department, a county, or a municipality may

25  operate an early-intervention boot camp program consisting of

26  at least a 10-day residential boot camp component, followed by

27  at least 2 months in aftercare.  The purpose of an

28  early-intervention boot camp program is to discourage young

29  offenders from having further contact with the criminal

30  justice system through emphasis on intensive educational and

31  physical training, discipline, and personal responsibility.

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  Any participation in an early-intervention boot camp,

  2  regardless of whether the juvenile successfully completes it,

  3  automatically disqualifies a juvenile from future

  4  participation in an early-intervention boot camp.  A

  5  participant in an early-intervention boot camp program may not

  6  have more than two prior cases involving acts that would be

  7  felonies if committed by an adult, nor may a participant in an

  8  early-intervention boot camp program have more than four prior

  9  cases involving any combination of acts that would be either

10  misdemeanors or felonies if committed by an adult.

11

12  This subsection does not preclude the operation of a program

13  that requires the participants to spend more than 4 months in

14  the boot camp component of the program or that requires the

15  participants to complete two sequential programs of 4 months

16  each in the boot camp component of the program.

17         Section 26.  For the purpose of incorporating the

18  amendment made by this act to section 985.309, Florida

19  Statutes, in a reference thereto, paragraph (j) of subsection

20  (1) of section 985.231, Florida Statutes, is reenacted to

21  read:

22         985.231  Powers of disposition in delinquency cases.--

23         (1)

24         (j)  If the offense committed by the child was grand

25  theft of a motor vehicle, the court:

26         1.  Upon a first adjudication for a grand theft of a

27  motor vehicle, may place the youth in a boot camp, unless the

28  child is ineligible pursuant to s. 985.309, and shall order

29  the youth to complete a minimum of 50 hours of community

30  service.

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         2.  Upon a second adjudication for grand theft of a

  2  motor vehicle which is separate and unrelated to the previous

  3  adjudication, may place the youth in a boot camp, unless the

  4  child is ineligible pursuant to s. 985.309, and shall order

  5  the youth to complete a minimum of 100 hours of community

  6  service.

  7         3.  Upon a third adjudication for grand theft of a

  8  motor vehicle which is separate and unrelated to the previous

  9  adjudications, shall place the youth in a boot camp or other

10  treatment program, unless the child is ineligible pursuant to

11  s. 985.309, and shall order the youth to complete a minimum of

12  250 hours of community service.

13         Section 27.  For the purpose of incorporating the

14  amendment made by this act to section 985.309, Florida

15  Statutes, in a reference thereto, paragraph (i) of subsection

16  (3) of section 985.31, Florida Statutes, is reenacted to read:

17         985.31  Serious or habitual juvenile offender.--

18         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

19  TREATMENT.--

20         (i)  The treatment and placement recommendations shall

21  be submitted to the court for further action pursuant to this

22  paragraph:

23         1.  If it is recommended that placement in a serious or

24  habitual juvenile offender program or facility is

25  inappropriate, the court shall make an alternative disposition

26  pursuant to s. 985.309 or other alternative sentencing as

27  applicable, utilizing the recommendation as a guide.

28         2.  If it is recommended that placement in a serious or

29  habitual juvenile offender program or facility is appropriate,

30  the court may commit the child to the department for placement

31

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1  in the restrictiveness level designated for serious or

  2  habitual delinquent children programs.

  3         Section 28.  For the purpose of incorporating the

  4  amendment made by this act to section 985.309, Florida

  5  Statutes, in a reference thereto, paragraph (i) of subsection

  6  (3) of section 985.311, Florida Statutes, is reenacted to

  7  read:

  8         985.311  Intensive residential treatment program for

  9  offenders less than 13 years of age.--

10         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

11  TREATMENT.--

12         (i)  The treatment and placement recommendations shall

13  be submitted to the court for further action pursuant to this

14  paragraph:

15         1.  If it is recommended that placement in an intensive

16  residential treatment program for offenders less than 13 years

17  of age is inappropriate, the court shall make an alternative

18  disposition pursuant to s. 985.309 or other alternative

19  sentencing as applicable, utilizing the recommendation as a

20  guide.

21         2.  If it is recommended that placement in an intensive

22  residential treatment program for offenders less than 13 years

23  of age is appropriate, the court may commit the child to the

24  department for placement in the restrictiveness level

25  designated for intensive residential treatment program for

26  offenders less than 13 years of age.

27         Section 29.  For the purpose of incorporating the

28  amendment made by this act to section 985.309, Florida

29  Statutes, in a reference thereto, paragraph (a) of subsection

30  (1) of section 985.314, Florida Statutes, is reenacted to

31  read:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         985.314  Commitment programs for juvenile felony

  2  offenders.--

  3         (1)  Notwithstanding any other law and regardless of

  4  the child's age, a child who is adjudicated delinquent, or for

  5  whom adjudication is withheld, for an act that would be a

  6  felony if committed by an adult, shall be committed to:

  7         (a)  A boot camp program under s. 985.309 if the child

  8  has participated in an early delinquency intervention program

  9  as provided in s. 985.305.

10         Section 30.  Subsection (11) of section 985.404,

11  Florida Statutes, is amended to read:

12         985.404  Administering the juvenile justice

13  continuum.--

14         (11)  The Department of Juvenile Justice in

15  consultation with the Juvenile Justice Advisory Board and

16  providers shall develop a cost-benefit model and apply the

17  model to each commitment program. Program recommitment rates

18  shall be a component of the model.  The cost-benefit model

19  shall compare program costs to benefits.  A report ranking

20  commitment programs based on cost-benefit shall be submitted

21  to the appropriate substantive and appropriations committees

22  of each house of the Legislature, no later than December 31 of

23  each year.  The report must consider at least the following

24  factors:

25         (a)  The recidivism rate measured by whether a juvenile

26  has been arrested within 1 year of leaving a commitment

27  program, regardless of whether the commitment program was

28  successfully completed.

29         (b)  The seriousness of the criminal history of the

30  juveniles in the program.

31         (c)  The program's cost-per-client.

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    Florida Senate - 1998                                  SB 2008
    23-1007A-98                                             See HB




  1         (d)  The average age of the juveniles in the program.

  2

  3  It is the intent of the Legislature that continual development

  4  efforts take place to improve the validity and reliability of

  5  the cost-benefit model.

  6         Section 31.  This act shall take effect July 1 of the

  7  year in which enacted.

  8

  9            *****************************************

10                       LEGISLATIVE SUMMARY

11
      Provides that certain adjudications of delinquency are
12    admissible into evidence for impeachment purposes.
      Revises or enacts various provisions in parts I, II, III,
13    and IV of chapter 985, F.S., relating to general
      provisions, delinquency case proceedings, the juvenile
14    justice continuum, and juvenile justice system
      administration, respectively.  Revises provisions in
15    chapter 921, F.S., relating to sentencing of persons with
      juvenile records and juveniles prosecuted as adults.
16    Revises provisions in chapter 943, F.S., relating to
      criminal history records of minors. (See bill for
17    details.)

18

19

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31

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