Senate Bill 2008c1

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    Florida Senate - 1998                           CS for SB 2008

    By the Committee on Criminal Justice and Senator Lee





    307-2202A-98

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

  2         of detention; conforming references; reenacting

  3         s. 985.208(1), relating to detention of

  4         furloughed child or escapee on authority of the

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

  6         process and service, to incorporate said

  7         amendment in references; amending s. 985.219,

  8         F.S.; providing a civil penalty for any parent,

  9         legal guardian, or adult relative who fails to

10         produce a child for a court appearance;

11         repealing s. 985.218(6), F.S., relating to

12         petitions for delinquency; removing provisions

13         requiring the dismissal of a petition with

14         prejudice when the adjudicatory hearing is not

15         commenced within 90 days; removing provisions

16         authorizing the court to extend the 90-day

17         period; amending s. 985.226, F.S., relating to

18         criteria for discretionary waiver and mandatory

19         waiver of juvenile court jurisdiction;

20         providing for the state attorney to file a

21         motion requesting the court to transfer a child

22         of at least 14 years of age for criminal

23         prosecution, under specified circumstances;

24         providing for exceptions; amending s. 985.227,

25         F.S., relating to discretionary direct-file

26         criteria and mandatory direct-file criteria;

27         permitting the filing of an information when a

28         child was 14 or 15 years of age at the time the

29         child attempted to commit any one of specified

30         offenses; requiring the state attorney to file

31         an information for certain illegal acts when

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  1         the child committing the act is at least 16

  2         years of age and has a specified history of

  3         delinquent acts; revising duties of the court

  4         and guidelines for transfer of cases pertaining

  5         to the child when a child is transferred for

  6         adult prosecution; removing a requirement for

  7         annual updating by the state attorney of

  8         direct-file policies and guidelines; providing

  9         that the information filed pursuant to

10         specified provisions may include all charges

11         that are based on the same act, criminal

12         episode, or transaction as the primary offense;

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

14         adjudicatory hearings, to conform an exception

15         to the construction of "conviction"; amending

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

17         disposition in delinquency cases; conforming

18         references; providing for exceptions to conform

19         to changes made by the act; amending s.

20         985.233, F.S., relating to sentencing powers,

21         procedures, and dispositional alternatives for

22         juveniles prosecuted as adults; revising

23         sentencing alternatives in cases when a child

24         is prosecuted on indictment and other cases;

25         providing that a court may withhold

26         adjudication of guilt and place the child on

27         probation or community control to be supervised

28         by the Department of Corrections, under

29         specified circumstances; providing for

30         completion of a commitment program recommended

31         by the Department of Juvenile Justice as a

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  1         special condition of the probation or community

  2         control; authorizing a judge in adult court to

  3         access the juvenile commitment programs for

  4         sentencing purposes; providing that the

  5         juvenile would not be required to pay

  6         supervision costs to the Department of

  7         Corrections while participating in a Department

  8         of Juvenile Justice commitment program;

  9         prohibiting imposition of juvenile sanctions

10         when the state attorney's motion to transfer

11         and certify the child for prosecution as an

12         adult is granted under specified provisions;

13         revising guidelines for sentencing to juvenile

14         sanctions; removing a requirement that the

15         court stay adjudication of guilt when the child

16         is sentenced to juvenile sanctions under

17         specified provisions; removing provisions that

18         the adjudication of delinquency shall not be

19         deemed to be a conviction or operate to impose

20         civil disabilities resulting from a conviction;

21         removing a prohibition against the imposition

22         of a combination of juvenile and adult

23         sanctions; reenacting s. 985.225(3) and (4),

24         relating to indictment of a juvenile, and s.

25         985.31(3)(k), relating to serious or habitual

26         juvenile offenders, to incorporate said

27         amendment in references; amending s. 985.309,

28         F.S., relating to criteria for placement of a

29         child in a boot camp program; providing for

30         boot camp placement of a child at least 14

31         years of age who has not entered a plea of

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  1         guilty or nolo contendere to, or been

  2         adjudicated of, a capital felony, life felony,

  3         or violent felony of the first degree;

  4         providing for early-intervention boot camp

  5         placement of a child at least 12 years of age

  6         under specified circumstances; providing for

  7         certain minimum periods of participation in

  8         aftercare; authorizing operation of an

  9         early-intervention boot camp program by the

10         Department of Juvenile Justice, or a county or

11         municipality; providing purpose of program;

12         providing criteria for disqualification from

13         participation in the early-intervention boot

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

15         relating to powers of disposition in

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

17         serious or habitual juvenile offenders, s.

18         985.311(3)(i), relating to intensive

19         residential treatment programs for offenders

20         less than 13 years of age, and s.

21         985.314(1)(a), relating to commitment programs

22         for juvenile felony offenders, to incorporate

23         said amendment in references; amending s.

24         985.404, F.S., relating to administration of

25         the juvenile justice continuum; specifying

26         factors to be considered in the report ranking

27         commitment programs; amending s. 984.307, F.S.;

28         postponing the date on which the authority of

29         the Department of Juvenile Justice to create or

30         operate juvenile assignment centers is

31

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  1         scheduled to expire; providing an effective

  2         date.

  3

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

  5

  6         Section 1.  Section 90.610, Florida Statutes, is

  7  amended to read:

  8         90.610  Conviction of certain crimes or adjudication of

  9  delinquency as impeachment.--

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

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

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

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

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

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

16  the following exceptions:

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

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

19  on the present character of the witness.

20         (b)  Evidence of juvenile adjudications are

21  inadmissible under this subsection.

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

23  including an accused, by evidence of an adjudication of

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

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

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

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

28  false statement regardless of punishment. However, evidence of

29  any such adjudication of delinquency is inadmissible in a

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

31  on the present character of the witness.

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  1         (3)(2)  The pendency of an appeal or the granting of a

  2  pardon relating to such crime or delinquent act does not

  3  render evidence of the conviction or adjudication of

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

  5  pardon was granted inadmissible. Evidence of the pendency of

  6  the appeal is admissible.

  7         (4)(3)  Nothing in this section affects the

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

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

10  Statutes, is amended to read:

11         921.0011  Definitions.--As used in this chapter, the

12  term:

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

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

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

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

17  violations of county or municipal ordinances that incorporate

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

19  offender's prior record.  Convictions for offenses committed

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

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

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

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

24  release from confinement, supervision, or sanction, whichever

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

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

27  if committed by an adult shall be scored and considered to the

28  same extent as offenses committed by an adult. For the

29  purposes of this subsection, a withholding of adjudication of

30  delinquency or a withholding of adjudication of guilt shall be

31  considered a conviction. Juvenile dispositions of offenses

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  1  committed by the offender within 3 years before the primary

  2  offense are included in the offender's prior record when the

  3  offense would have been a crime had the offender been an adult

  4  rather than a juvenile.  Juvenile dispositions of sexual

  5  offenses committed by the offender which were committed 3

  6  years or more before the primary offense are included in the

  7  offender's prior record if the offender has not maintained a

  8  conviction-free record, either as an adult or a juvenile, for

  9  a period of 3 consecutive years from the most recent date of

10  release from confinement, supervision, or sanction, whichever

11  is later, to the date of the primary offense.

12         Section 3.  Section 921.0011, Florida Statutes, as

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

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

15  Statutes, is amended to read:

16         921.0021  Definitions.--As used in this chapter, the

17  term:

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

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

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

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

22  violations of county or municipal ordinances that incorporate

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

24  offender's prior record.  Convictions for offenses committed

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

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

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

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

29  release from confinement, supervision, or sanction, whichever

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

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

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  1  if committed by an adult shall be scored and considered to the

  2  same extent as offenses committed by an adult. For the

  3  purposes of this subsection, a withholding of adjudication of

  4  delinquency or a withholding of adjudication of guilt shall be

  5  considered a conviction. Juvenile dispositions of offenses

  6  committed by the offender within 3 years before the primary

  7  offense are included in the offender's prior record when the

  8  offense would have been a crime had the offender been an adult

  9  rather than a juvenile.  Juvenile dispositions of sexual

10  offenses committed by the offender which were committed 3

11  years or more before the primary offense are included in the

12  offender's prior record if the offender has not maintained a

13  conviction-free record, either as an adult or a juvenile, for

14  a period of 3 consecutive years from the most recent date of

15  release from confinement, supervision, or sanction, whichever

16  is later, to the date of the primary offense.

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

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

19         943.0515  Retention of criminal history records of

20  minors.--

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

22  Systems shall retain the criminal history record of a minor

23  who is classified as a serious or habitual juvenile offender

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

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

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

27  paragraph (2)(b).

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

29  habitual juvenile under chapter 39, the division shall retain

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

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

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  1  shall be expunged unless it meets the criteria of paragraph

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

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

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

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

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

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

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

  9  of the person's adult record.

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

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

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

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

14  adult.

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

16  Florida Statutes, to read:

17         985.03  Definitions.--When used in this chapter, the

18  term:

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

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

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

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

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

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

25  section, to read:

26         985.04  Oaths; records; confidential information.--

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

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

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

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

31  Department of Juvenile Justice, the Parole Commission, the

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  1  Juvenile Justice Advisory Board, the Department of

  2  Corrections, the district juvenile justice boards, any law

  3  enforcement agent, or any licensed professional or licensed

  4  community agency representative participating in the

  5  assessment or treatment of a juvenile is confidential and may

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

  7  the Department of Juvenile Justice and its designees, the

  8  Department of Corrections, the Parole Commission, the Juvenile

  9  Justice Advisory Board, law enforcement agents, school

10  superintendents and their designees, any licensed professional

11  or licensed community agency representative participating in

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

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

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

15  police, the district school superintendent, and the department

16  shall enter into an interagency agreement for the purpose of

17  sharing information about juvenile offenders among all

18  parties. The agreement must specify the conditions under which

19  summary criminal history information is to be made available

20  to appropriate school personnel, and the conditions under

21  which school records are to be made available to appropriate

22  department personnel. Such agreement shall require

23  notification to any classroom teacher of assignment to the

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

25  community control or commitment program for a felony offense.

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

27  943.0525, and must maintain the confidentiality of information

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

29  law.

30         (9)  Notwithstanding any other provision to the

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

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

  2  disposition for such acts, are public records and not

  3  confidential.

  4         Section 8.  For the purpose of incorporating the

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

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

  7  Florida Statutes, is reenacted to read:

  8         985.31  Serious or habitual juvenile offender.--

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

10         (k)  Assessment and treatment records are confidential

11  as described in this paragraph and exempt from the provisions

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

13  Constitution.

14         1.  The department shall have full access to the

15  assessment and treatment records to ensure coordination of

16  services to the child.

17         2.  The principles of confidentiality of records as

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

19  treatment records of serious or habitual juvenile offenders.

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

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

22  (4) of said section, to read:

23         985.05  Court records.--

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

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

26  court shall preserve the records pertaining to a child charged

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

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

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

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

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

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

  2  which there is no allegation of delinquency may be destroyed

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

  4  is sentenced for a felony committed before reaching 24 years

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

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

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

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

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

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

11  writs that are filed pursuant to the case.

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

13  not admissible in evidence in any other civil or criminal

14  proceeding, except that:

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

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

17  offenses committed by adults are admissible.

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

19  Statutes, is amended to read:

20         985.228  Adjudicatory hearings; withheld adjudications;

21  orders of adjudication.--

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

23  322, and except for use in a subsequent proceeding under this

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

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

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

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

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

29  adjudication; nor shall that adjudication operate to impose

30  upon the child any of the civil disabilities ordinarily

31  imposed by or resulting from conviction or to disqualify or

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  1  prejudice the child in any civil service application or

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

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

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

  5  985.21, Florida Statutes, is amended to read:

  6         985.21  Intake and case management.--

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

  8  preliminary determination as to whether the report, affidavit,

  9  or complaint is complete, consulting with the state attorney

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

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

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

13  probable cause affidavit, the intake counselor or case manager

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

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

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

17  facts or to the appropriate law enforcement agency having

18  investigative jurisdiction of the offense, and shall request,

19  and the person or agency shall promptly furnish, additional

20  information in order to comply with the standards for a

21  probable cause affidavit.

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

23  independent of the action or lack of action of the intake

24  counselor or case manager, and shall determine the action

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

26  the child meets the criteria requiring prosecution as an adult

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

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

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

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

31  unless otherwise required by law, may:

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  1         1.  File a petition for dependency;

  2         2.  File a petition pursuant to chapter 984;

  3         3.  File a petition for delinquency;

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

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

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

  7         6.  Refer the case to a grand jury;

  8         7.  Refer the child to a diversionary, pretrial

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

10  other treatment or care program if such program commitment is

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

12  legal guardians; or

13         8.  Decline to file.

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

15  985.211, Florida Statutes, is amended to read:

16         985.211  Release or delivery from custody.--

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

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

19  person taking a child into custody shall attempt to release

20  the child as follows:

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

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

23  custodian is unavailable, unwilling, or unable to provide

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

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

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

27  child into custody may conduct a criminal history background

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

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

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

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

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

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

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

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

  5  in the agreement.

  6         (b)  Contingent upon specific appropriation, to a

  7  shelter approved by the department or to an authorized agent

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

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

10  serious physical condition which requires either prompt

11  diagnosis or prompt treatment, to a law enforcement officer

12  who shall deliver the child to a hospital for necessary

13  evaluation and treatment.

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

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

16  shall take the child to a designated public receiving facility

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

18  provisions of s. 394.463.

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

20  threatened, attempted, or inflicted physical harm on himself

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

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

23  hospital, addictions receiving facility, or treatment

24  resource.

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

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

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

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

29  section with a copy of the assessment.

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

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

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  1  detained or released to a shelter designated by the

  2  department, shall make a reasonable effort to immediately

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

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

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

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

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

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

  9  probable cause affidavit to the appropriate intake counselor

10  or case manager. Such written report or probable cause

11  affidavit must:

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

13  guardian, or legal custodian.

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

15  custody, with sufficient information to establish the

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

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

18  of supervision.

19         Section 13.  For the purpose of incorporating the

20  amendment made by this act to section 985.215, Florida

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

22  985.208, Florida Statutes, is reenacted to read:

23         985.208  Detention of furloughed child or escapee on

24  authority of the department.--

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

26  reasonable grounds to believe that any delinquent child

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

28  department or from being lawfully transported thereto or

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

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

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

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

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

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

  4  detention hearing resulting in a finding that detention is

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

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

  7  reviewable by appeal or in habeas corpus proceedings in the

  8  district court of appeal.

  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 (5) of section

12  985.219, Florida Statutes, is reenacted, and subsection (12)

13  is added to that section, to read:

14         985.219  Process and service.--

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

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

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

18  985.215, the judge may, by endorsement upon the summons and

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

20  specified, order the child to be taken into custody

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

22  shall immediately take the child into custody.

23         (12)  Any parent, legal guardian, or adult relative who

24  receives a notice to appear, accepts custody of a child from a

25  law enforcement officer or an authorized agent of the

26  department, and fails to produce the child for the specified

27  court proceeding, or any parent or legal guardian who fails to

28  produce the child for a court appearance in response to a

29  summons, may, in addition to any other penalty provided by

30  law, be assessed a civil penalty in an amount of $100 or less,

31  payable to the clerk of the circuit court.

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  1         Section 15.  Paragraph (b) of subsection (2) of section

  2  985.213, Florida Statutes, is amended to read:

  3         985.213  Use of detention.--

  4         (2)

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

  6  care placement determinations and orders shall be developed by

  7  the Department of Juvenile Justice in agreement with

  8  representatives appointed by the following associations: the

  9  Conference of Circuit Judges of Florida, the Prosecuting

10  Attorneys Association, and the Public Defenders Association.

11  Each association shall appoint two individuals, one

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

13  The parties involved shall evaluate and revise the risk

14  assessment instrument as is considered necessary using the

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

16  assessment instrument shall take into consideration, but need

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

18  offenses, offenses committed pending adjudication, any

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

20  possession of a stolen motor vehicle, and community control

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

22  assessment instrument shall also take into consideration

23  appropriate aggravating and mitigating circumstances, and

24  shall be designed to target a narrower population of children

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

26  include any information concerning the child's history of

27  abuse and neglect. The risk assessment shall indicate whether

28  detention care is warranted, and, if detention care is

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

30  nonsecure, or home detention care.

31

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

  2  material error in the scoring of the risk assessment

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

  4  accuracy.

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

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

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

  8  the court makes specific written findings that:

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

10  charged with committing caused physical injury to the victim;

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

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

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

14

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

16  subparagraph for more than 48 hours unless ordered by the

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

18  state attorney or victim requests that secure detention be

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

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

21  secure detention is necessary to protect the victim from

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

23  detention beyond the time limits set forth in s. 985.215

24  39.044.

25         Section 16.  Paragraph (a) of subsection (1) of section

26  985.231, Florida Statutes, is amended to read:

27         985.231  Powers of disposition in delinquency cases.--

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

29  adjudicated delinquent child may, by an order stating the

30  facts upon which a determination of a sanction and

31  rehabilitative program was made at the disposition hearing:

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

  2  an aftercare program under the supervision of an authorized

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

  4  person or agency specifically authorized and appointed by the

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

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

  7  such reasonable conditions as the court may direct. A

  8  community control program for an adjudicated delinquent child

  9  must include a penalty component such as restitution in money

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

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

12  nonresidential punishment appropriate to the offense and must

13  also include a rehabilitative program component such as a

14  requirement of participation in substance abuse treatment or

15  in school or other educational program.

16         a.  A restrictiveness level classification scale for

17  levels of supervision shall be provided by the department,

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

19  community control supervision requirements to reasonably

20  ensure the public safety. Community control programs for

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

22  person or agency specifically authorized by the court. These

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

24  restricted activities as described in this subparagraph, and

25  shall be designed to encourage the child toward acceptable and

26  functional social behavior. If supervision or a program of

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

28  such supervision or program must be consistent with any

29  treatment and rehabilitation needs identified for the child

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

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

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  1  that the duration of such supervision or program for an

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

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

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

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

  6  the child and the parent or guardian could reasonably be

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

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

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

10         b.  The court may conduct judicial review hearings for

11  a child placed on community control for the purpose of

12  fostering accountability to the judge and compliance with

13  other requirements, such as restitution and community service.

14  The court may allow early termination of community control for

15  a child who has substantially complied with the terms and

16  conditions of community control.

17         c.  If the conditions of the community control program

18  or the aftercare program are violated, the agent supervising

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

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

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

22  the conditions of community control or aftercare must be

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

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

25  conditions of community control or aftercare shall be held in

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

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

28  into custody to determine the existence of probable cause that

29  the child violated the conditions of community control or

30  aftercare. A consequence unit is a secure facility

31  specifically designated by the department for children who are

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  1  taken into custody under s. 985.207 for violating community

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

  3  have violated the conditions of community control or

  4  aftercare. If the violation involves a new charge of

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

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

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

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

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

10  985.215. If the child denies violating the conditions of

11  community control or aftercare, the court shall appoint

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

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

14  that the child has violated the conditions of community

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

16  modifying, or continuing community control or aftercare. In

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

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

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

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

21  violated the conditions of community control or aftercare, the

22  court may:

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

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

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

26  violation.

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

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

29  consequence unit is not available.

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

31  program or aftercare program.

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  1         (IV)  Revoke community control or aftercare and commit

  2  the child to the department.

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

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

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

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

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

  8  motion.

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

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

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

12  detention center or facility or shelter unless otherwise

13  provided by law.

14         3.  Commit the child to the Department of Juvenile

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

16  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

23  she reaches the age of 21.

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

25  child.

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

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

28  child, to render community service in a public service

29  program.

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

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

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

  2  sanctions ordered by the court at the disposition hearing or

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

  4  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

12  by the clerk as a result of receiving and dispensing

13  restitution payments. The clerk shall notify the court if

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

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

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

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

18  efforts to prevent the child from engaging in delinquent acts

19  absolves the parent or guardian of liability for restitution

20  under this subparagraph.

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

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

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

24  an alternative to monetary restitution or as part of the

25  rehabilitative or community control program.

26         8.  Commit the child to the Department of Juvenile

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

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

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

30  habitual juvenile offenders must be for an indeterminate

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

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

  2  The court may retain jurisdiction over such child until the

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

  4  the child completing the program.

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

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

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

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

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

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

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

12  shall determine a reasonable amount or manner of restitution,

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

14  provided in subparagraph 6.

15         10.  Subject to specific appropriation, commit the

16  juvenile sexual offender to the Department of Juvenile Justice

17  for placement in a program or facility for juvenile sexual

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

19  juvenile sexual offender to a program or facility for juvenile

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

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

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

23  retain jurisdiction over a juvenile sexual offender until the

24  juvenile sexual offender reaches the age of 21, specifically

25  for the purpose of completing the program.

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

27  Statutes, is repealed.

28         Section 18.  Subsection (2) of section 985.226, Florida

29  Statutes, is amended to read:

30

31

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  1         985.226  Criteria for waiver of juvenile court

  2  jurisdiction; hearing on motion to transfer for prosecution as

  3  an adult.--

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

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

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

  7  prior to the commencement of an adjudicatory hearing, the

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

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

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

11  criminal prosecution pursuant to a voluntary waiver hearing

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

13  a lesser included offense, the child shall be handled

14  thereafter in every respect as an adult for any subsequent

15  violation of state law, unless the court imposes juvenile

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

17         (2)  INVOLUNTARY WAIVER.--

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

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

20  motion requesting the court to transfer the child for criminal

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

22  time the alleged delinquent act or violation of law was

23  committed.

24         (b)  Mandatory waiver.--

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

26  the child has been previously adjudicated delinquent for an

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

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

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

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

31  child is currently charged with a second or subsequent violent

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

  2  motion requesting the court to transfer and certify the

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

  4  s. 985.227(1).

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

  6  14 years of age or older at the time of commission of a fourth

  7  or subsequent alleged felony offense and the child was

  8  previously adjudicated delinquent or had adjudication withheld

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

10  conspired to commit, three offenses that are felony offenses

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

12  offenses involved the use or possession of a firearm or

13  violence against a person;,

14

15  the state attorney shall request the court to transfer and

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

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

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

19  request, the court shall either enter an order transferring

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

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

22  an order.

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

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

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

26  alleged violation of state law was committed should be charged

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

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

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

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

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

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  1  child has been transferred for criminal prosecution pursuant

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

  3  committed the presenting offense or a lesser included offense,

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

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

  6  court imposes juvenile sanctions under s. 985.233.

  7         Section 19.  Subsections (1), (2), (3), and (4) of

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

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

10         985.227  Prosecution of juveniles as adults by the

11  direct filing of an information in the criminal division of

12  the circuit court; discretionary criteria; mandatory

13  criteria.--

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

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

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

17  state attorney may file an information when in the state

18  attorney's judgment and discretion the public interest

19  requires that adult sanctions be considered or imposed and

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

21  to commit:

22         1.  Arson;

23         2.  Sexual battery;

24         3.  Robbery;

25         4.  Kidnapping;

26         5.  Aggravated child abuse;

27         6.  Aggravated assault;

28         7.  Aggravated stalking;

29         8.  Murder;

30         9.  Manslaughter;

31

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

  2  destructive device or bomb;

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

  4  specified burglary of a dwelling or structure in violation of

  5  s. 810.02(2)(c);

  6         12.  Aggravated battery;

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

  8  of a child;

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

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

11  a felony; or

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

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

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

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

16  information when in the state attorney's judgment and

17  discretion the public interest requires that adult sanctions

18  be considered or imposed. Except as provided in subsection

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

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

21  had at least two previous adjudications or adjudications

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

23  classified as a felony under state law.

24         (2)  MANDATORY DIRECT FILE.--

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

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

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

28  previously adjudicated delinquent for an act classified as a

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

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

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

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

  2  currently charged with a second or subsequent violent crime

  3  against a person.

  4         (b)  The state attorney must file an information

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

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

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

  8  committed by an adult, and either:

  9         1.  The child has received adjudications of delinquency

10  or withholdings of adjudication of delinquency for three acts

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

12         2.  The child has received adjudications of delinquency

13  or withholdings of adjudication of delinquency for six acts

14  that would be either felonies or misdemeanors if committed by

15  an adult.

16

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

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

19  act that is counted towards the maximum number of offenses

20  under this paragraph that a juvenile may commit before adult

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

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

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

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

25  attorney must file an information with respect to any child

26  who previously has been adjudicated for offenses which, if

27  committed by an adult, would be felonies and such

28  adjudications occurred at three or more separate delinquency

29  adjudicatory hearings, and three of which resulted in

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

31

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

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

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

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

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

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

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

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

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

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

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

12  willing passengers in the stolen motor vehicle at the time

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

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

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

16  vehicle that has been the subject of any criminal wrongful

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

18  means all willing passengers who have participated in the

19  underlying offense.

20         (3)  EFFECT OF DIRECT FILE.--

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

22  prosecution pursuant to an information and has been found to

23  have committed the presenting offense or a lesser included

24  offense, the child shall be handled thereafter in every

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

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

27  985.233.

28         (b)  When a child is transferred for criminal

29  prosecution as an adult, the court shall immediately transfer

30  and certify to the circuit appropriate court all felony

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

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

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

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

  4  offenses that occur or are referred between the date of

  5  transfer and sentencing in adult court and all outstanding

  6  juvenile disposition orders. The juvenile court shall make

  7  every effort to dispose of all predispositional cases and

  8  transfer those cases to the adult court prior to adult

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

10  cases occurring prior to the sentencing hearing in adult court

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

12  original transfer case.

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

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

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

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

17  restitution ordered in any juvenile proceeding.

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

19  attorney shall develop and annually update written policies

20  and guidelines to govern determinations for filing an

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

22  Office of the Governor, the President of the Senate, the

23  Speaker of the House of Representatives, and the Juvenile

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

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

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

27  episode, or transaction as the primary offenses.

28         Section 20.  Subsection (4) of section 985.233, Florida

29  Statutes, is amended to read:

30         985.233  Sentencing powers; procedures; alternatives

31  for juveniles prosecuted as adults.--

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  1         (4)  SENTENCING ALTERNATIVES.--

  2         (a)  Sentencing to adult sanctions.--

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

  4  found to have committed the offense punishable by death or

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

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

  7  offense but is found to have committed a lesser included

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

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

10  follows:

11         a.  As an adult pursuant to this section;

12         b.  Pursuant to chapter 958, notwithstanding any other

13  provision of that chapter to the contrary; or

14         c.  As a juvenile pursuant to this section.

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

16  for criminal prosecution pursuant to information or waiver of

17  juvenile court jurisdiction is found to have committed a

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

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

20  court may sentence as follows:

21         a.  As an adult pursuant to this section;

22         b.  Pursuant to chapter 958, notwithstanding any other

23  provision of that chapter to the contrary; or

24         c.  As a juvenile pursuant to this section.

25         3.  Notwithstanding any other provision to the

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

27  to transfer and certify the juvenile for prosecution as an

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

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

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

31  juvenile sanctions.

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  1         4.3.  Any sentence imposing adult sanctions is presumed

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

  3  specific findings or enumerate the criteria in this subsection

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

  5         5.4.  When a child has been transferred for criminal

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

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

  8  include the enforcement of any restitution ordered in any

  9  juvenile proceeding.

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

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

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

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

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

15  court shall stay adjudication of guilt and instead shall

16  adjudge the child to have committed a delinquent act.

17  Adjudication of delinquency shall not be deemed a conviction,

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

19  ordinarily resulting from a conviction. The court shall impose

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

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

22  An adult sanction or a juvenile sanction may include

23  enforcement of an order of restitution or community control

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

25  court imposes a juvenile sanction and the department

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

27  department shall return custody of the child to the sentencing

28  court for further proceedings, including the imposition of

29  adult sanctions. Upon adjudicating a child delinquent under

30  subsection (1), the court may:

31

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  1         1.  Place the child in a community control program

  2  under the supervision of the department for an indeterminate

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

  4  sooner if discharged by order of the court.

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

  6  an appropriate program for children for an indeterminate

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

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

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

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

11  department's notice shall be considered approval for

12  discharge.

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

14  alternative to youthful offender or adult sentencing if the

15  court determines not to impose youthful offender or adult

16  sanctions.

17         (c)  Imposition of adult sanctions upon failure of

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

19  community control program or for a treatment program under the

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

21  previous adjudication, impose an adjudication of guilt,

22  classify the child as a youthful offender when appropriate,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13  effort to prevent the child from engaging in the delinquent

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

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

16  delivered to the judge having jurisdiction of the guardianship

17  estate.

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

19  child is sentenced to juvenile sanctions, further proceedings

20  involving those sanctions shall continue to be heard in the

21  adult court.

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

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

24  enforcement of an order of restitution or community control

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

26  court imposes a juvenile sanction and the department

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

28  department shall return custody of the child to the sentencing

29  court for further proceedings, including the imposition of

30  adult sanctions.

31

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

  2  guidelines in this subsection are mandatory and that a

  3  determination of disposition under this subsection is subject

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

  5  985.234.

  6         Section 21.  For the purpose of incorporating the

  7  amendment made by this act to section 985.233, Florida

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

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

10         985.225  Indictment of a juvenile.--

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

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

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

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

15  committed a lesser included offense or any other offense for

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

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

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

19  subsection and has been found to have committed any offense

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

21  episode, the child shall be handled thereafter in every

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

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

24  985.233.

25         Section 22.  For the purpose of incorporating the

26  amendment made by this act to section 985.233, Florida

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

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

29         985.31  Serious or habitual juvenile offender.--

30         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

31  TREATMENT.--

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

  2  placement in a serious or habitual juvenile offender program

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

  4  the time shall not exceed the maximum term of imprisonment

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

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

  7  habitual juvenile offender shall not be held under commitment

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

  9  985.233 after becoming 21 years of age. This provision shall

10  apply only for the purpose of completing the serious or

11  habitual juvenile offender program pursuant to this chapter

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

13         Section 23.  Subsections (3) and (6) of section

14  985.309, Florida Statutes, are amended to read:

15         985.309  Boot camp for children.--

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

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

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

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

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

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

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

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

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

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

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

27  felony of the first degree, and otherwise qualifies pursuant

28  to paragraph (6)(c).

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

30  or a municipality must provide for the following minimum

31  periods of participation:

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

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

  3  program and at least 2 months in aftercare.

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

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

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

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

  8  operate an early-intervention boot camp program consisting of

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

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

11  early-intervention boot camp program is to discourage young

12  offenders from having further contact with the criminal

13  justice system through emphasis on intensive educational and

14  physical training, discipline, and personal responsibility.

15  Any participation in an early-intervention boot camp,

16  regardless of whether the juvenile successfully completes it,

17  automatically disqualifies a juvenile from future

18  participation in an early-intervention boot camp.  A

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

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

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

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

23  cases involving any combination of acts that would be either

24  misdemeanors or felonies if committed by an adult.

25

26  This subsection does not preclude the operation of a program

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

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

29  participants to complete two sequential programs of 4 months

30  each in the boot camp component of the program.

31

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  1         Section 24.  For the purpose of incorporating the

  2  amendment made by this act to section 985.309, Florida

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

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

  5  read:

  6         985.231  Powers of disposition in delinquency cases.--

  7         (1)

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

  9  theft of a motor vehicle, the court:

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

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

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

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

14  service.

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

16  motor vehicle which is separate and unrelated to the previous

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

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

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

20  service.

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

22  motor vehicle which is separate and unrelated to the previous

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

24  treatment program, unless the child is ineligible pursuant to

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

26  250 hours of community service.

27         Section 25.  For the purpose of incorporating the

28  amendment made by this act to section 985.309, Florida

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

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

31         985.31  Serious or habitual juvenile offender.--

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  1         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  2  TREATMENT.--

  3         (i)  The treatment and placement recommendations shall

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

  5  paragraph:

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

  7  habitual juvenile offender program or facility is

  8  inappropriate, the court shall make an alternative disposition

  9  pursuant to s. 985.309 or other alternative sentencing as

10  applicable, utilizing the recommendation as a guide.

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

12  habitual juvenile offender program or facility is appropriate,

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

14  in the restrictiveness level designated for serious or

15  habitual delinquent children programs.

16         Section 26.  For the purpose of incorporating the

17  amendment made by this act to section 985.309, Florida

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

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

20  read:

21         985.311  Intensive residential treatment program for

22  offenders less than 13 years of age.--

23         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

24  TREATMENT.--

25         (i)  The treatment and placement recommendations shall

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

27  paragraph:

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

29  residential treatment program for offenders less than 13 years

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

31  disposition pursuant to s. 985.309 or other alternative

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  1  sentencing as applicable, utilizing the recommendation as a

  2  guide.

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

  4  residential treatment program for offenders less than 13 years

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

  6  department for placement in the restrictiveness level

  7  designated for intensive residential treatment program for

  8  offenders less than 13 years of age.

  9         Section 27.  For the purpose of incorporating the

10  amendment made by this act to section 985.309, Florida

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

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

13  read:

14         985.314  Commitment programs for juvenile felony

15  offenders.--

16         (1)  Notwithstanding any other law and regardless of

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

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

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

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

21  has participated in an early delinquency intervention program

22  as provided in s. 985.305.

23         Section 28.  Subsection (11) of section 985.404,

24  Florida Statutes, is amended to read:

25         985.404  Administering the juvenile justice

26  continuum.--

27         (11)  The Department of Juvenile Justice in

28  consultation with the Juvenile Justice Advisory Board and

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

30  model to each commitment program. Program recommitment rates

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

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  1  shall compare program costs to benefits.  A report ranking

  2  commitment programs based on cost-benefit shall be submitted

  3  to the appropriate substantive and appropriations committees

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

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

  6  factors:

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

  8  has been arrested within 1 year of leaving a commitment

  9  program, regardless of whether the commitment program was

10  successfully completed.

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

12  juveniles in the program.

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

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

15

16  It is the intent of the Legislature that continual development

17  efforts take place to improve the validity and reliability of

18  the cost-benefit model.

19         Section 29.  Subsection (6) of section 985.307, Florida

20  Statutes, is amended to read:

21         985.307  Juvenile assignment centers.--

22         (6)  Notwithstanding any provision to the contrary,

23  this section expires July 1, 2002 1998, unless reenacted by

24  the Legislature. The department may not create or operate a

25  juvenile assignment center after July 1, 2002 1998, without

26  further legislative authority. Unless reenacted by the

27  Legislature, any juvenile assignment center created under this

28  section shall be converted to a high-level or maximum-level

29  residential commitment program, subject to availability of

30  funds.

31         Section 30.  This act shall take effect July 1, 1998.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2008

  3

  4  1.   Adds a new subsection to s. 985.219, F.S., authorizing
         the court to assess a civil penalty of up to $100 upon a
  5       parent, legal guardian, or adult relative who receives a
         notice to appear, accepts custody of a child from a law
  6       enforcement officer or an authorized agent of the
         Department of Juvenile Justice (DJJ), and who fails to
  7       produce the child for any specified court proceeding. A
         civil penalty of up to $100 may also be assessed upon any
  8       parent or legal guardian who fails to bring a child to a
         court appearance in response to a summons.
  9
    2.   Removes the provision that a juvenile offender may be
10       placed in secure detention for up to 14 days for failing
         to appear for a hearing on a violation of community
11       supervision if the hearing is set within 14 days at the
         time of the detention hearing.
12
    3.   Removes the provision that technical (non-law) violations
13       of community supervision be counted as though they were
         misdemeanors for purposes of determining whether a
14       juvenile offender should be transferred to adult court.

15  4.   Removes the provision that a juvenile offender
         transferred to adult court may be sentenced to adult
16       probation or community control with a special condition
         that the offender be placed in a DJJ residential
17       commitment facility.

18  5.   Allows the adult court judge to withhold adjudication of
         guilt for juvenile offenders mandatorily transferred to
19       adult court.

20  6.   Clarifies that juvenile prior records will be scored and
         considered to the same extent as adult records.
21

22

23

24

25

26

27

28

29

30

31

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