House Bill 4193

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    Florida House of Representatives - 1998                HB 4193

        By Representative Murman






  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 of 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 of an offender's prior

22         juvenile offenses that would be crimes if

23         committed by an adult; amending s. 943.0515,

24         F.S., relating to retention of criminal history

25         records of minors; providing for an offender's

26         criminal history record of forcible or

27         nonforcible felonies charged as an adult to be

28         merged and retained as a part of the person's

29         adult 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         orders of disposition for such acts; providing

  8         for a withholding of an adjudication of

  9         delinquency or an adjudication of guilt to be

10         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; 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 the 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 the 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 motion requesting the court to transfer

30         a child of at least 14 years of age for

31         criminal prosecution, under specified

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  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 requirement for

16         annual updating by 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         which 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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  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 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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  1         conviction; removing 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 offender, to incorporate said

  7         amendment in references; amending s. 985.309,

  8         F.S., relating to criteria for placement of

  9         child in a boot camp program; providing for

10         boot camp placement of a child at least 14

11         years of age who has not entered a plea of

12         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 early

20         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 offender, 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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  1         985.314(1)(a), relating to commitment program

  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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  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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  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 withhold of adjudication of delinquency or a

  5  withhold 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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  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 withhold of adjudication of delinquency or a

10  withhold 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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  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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  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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  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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  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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  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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  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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  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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  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

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  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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  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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  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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  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 to s. 985.215, Florida Statutes, in references

11  thereto, the following sections or subdivisions of Florida

12  Statutes are 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         985.219  Process and service.--

31

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

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

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

  4  985.215, the judge may, by endorsement upon the summons and

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

  6  specified, order the child to be taken into custody

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

  8  shall immediately take the child into custody.

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

10  985.213, Florida Statutes, is amended to read:

11         985.213  Use of detention.--

12         (2)

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

14  care placement determinations and orders shall be developed by

15  the Department of Juvenile Justice in agreement with

16  representatives appointed by the following associations: the

17  Conference of Circuit Judges of Florida, the Prosecuting

18  Attorneys Association, and the Public Defenders Association.

19  Each association shall appoint two individuals, one

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

21  The parties involved shall evaluate and revise the risk

22  assessment instrument as is considered necessary using the

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

24  assessment instrument shall take into consideration, but need

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

26  offenses, offenses committed pending adjudication, any

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

28  possession of a stolen motor vehicle, and community control

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

30  assessment instrument shall also take into consideration

31  appropriate aggravating and mitigating circumstances, and

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  1  shall be designed to target a narrower population of children

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

  3  include any information concerning the child's history of

  4  abuse and neglect. The risk assessment shall indicate whether

  5  detention care is warranted, and, if detention care is

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

  7  nonsecure, or home detention care.

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

  9  material error in the scoring of the risk assessment

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

11  accuracy.

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

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

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

15  the court makes specific written findings that:

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

17  charged with committing caused physical injury to the victim;

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

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

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

21

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

23  subparagraph for more than 48 hours unless ordered by the

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

25  state attorney or victim requests that secure detention be

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

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

28  secure detention is necessary to protect the victim from

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

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

31  985.2155 39.044.

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

  2  985.231, Florida Statutes, is amended to read:

  3         985.231  Powers of disposition in delinquency cases.--

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

  5  adjudicated delinquent child may, by an order stating the

  6  facts upon which a determination of a sanction and

  7  rehabilitative program was made at the disposition hearing:

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

  9  an aftercare program under the supervision of an authorized

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

11  person or agency specifically authorized and appointed by the

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

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

14  such reasonable conditions as the court may direct. A

15  community control program for an adjudicated delinquent child

16  must include a penalty component such as restitution in money

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

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

19  nonresidential punishment appropriate to the offense and must

20  also include a rehabilitative program component such as a

21  requirement of participation in substance abuse treatment or

22  in school or other educational program.

23         a.  A restrictiveness level classification scale for

24  levels of supervision shall be provided by the department,

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

26  community control supervision requirements to reasonably

27  ensure the public safety. Community control programs for

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

29  person or agency specifically authorized by the court. These

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

31  restricted activities as described in this subparagraph, and

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  1  shall be designed to encourage the child toward acceptable and

  2  functional social behavior. If supervision or a program of

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

  4  such supervision or program must be consistent with any

  5  treatment and rehabilitation needs identified for the child

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

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

  8  that the duration of such supervision or program for an

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

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

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

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

13  the child and the parent or guardian could reasonably be

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

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

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

17         b.  The court may conduct judicial review hearings for

18  a child placed on community control for the purpose of

19  fostering accountability to the judge and compliance with

20  other requirements, such as restitution and community service.

21  The court may allow early termination of community control for

22  a child who has substantially complied with the terms and

23  conditions of community control.

24         c.  If the conditions of the community control program

25  or the aftercare program are violated, the agent supervising

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

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

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

29  the conditions of community control or aftercare must be

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

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

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  1  conditions of community control or aftercare shall be held in

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

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

  4  into custody to determine the existence of probable cause that

  5  the child violated the conditions of community control or

  6  aftercare. A consequence unit is a secure facility

  7  specifically designated by the department for children who are

  8  taken into custody under s. 985.207 for violating community

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

10  have violated the conditions of community control or

11  aftercare. If the violation involves a new charge of

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

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

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

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

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

17  985.215. If the child denies violating the conditions of

18  community control or aftercare, the court shall appoint

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

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

21  that the child has violated the conditions of community

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

23  modifying, or continuing community control or aftercare. In

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

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

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

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

28  violated the conditions of community control or aftercare, the

29  court may:

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

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

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

  2  violation.

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

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

  5  consequence unit is not available.

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

  7  program or aftercare program.

  8         (IV)  Revoke community control or aftercare and commit

  9  the child to the department.

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

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

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

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

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

15  motion.

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

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

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

19  detention center or facility or shelter unless otherwise

20  provided by law.

21         3.  Commit the child to the Department of Juvenile

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

23  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

30  she reaches the age of 21.

31

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

  2  child.

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

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

  5  child, to render community service in a public service

  6  program.

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

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

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

10  sanctions ordered by the court at the disposition hearing or

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

12  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

20  by the clerk as a result of receiving and dispensing

21  restitution payments. The clerk shall notify the court if

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

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

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

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

26  efforts to prevent the child from engaging in delinquent acts

27  absolves the parent or guardian of liability for restitution

28  under this subparagraph.

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

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

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

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  1  an alternative to monetary restitution or as part of the

  2  rehabilitative or community control program.

  3         8.  Commit the child to the Department of Juvenile

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

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

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

  7  habitual juvenile offenders must be for an indeterminate

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

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

10  The court may retain jurisdiction over such child until the

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

12  the child completing the program.

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

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

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

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

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

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

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

20  shall determine a reasonable amount or manner of restitution,

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

22  provided in subparagraph 6.

23         10.  Subject to specific appropriation, commit the

24  juvenile sexual offender to the Department of Juvenile Justice

25  for placement in a program or facility for juvenile sexual

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

27  juvenile sexual offender to a program or facility for juvenile

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

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

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

31  retain jurisdiction over a juvenile sexual offender until the

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  1  juvenile sexual offender reaches the age of 21, specifically

  2  for the purpose of completing the program.

  3         Section 17.  Section 985.2155, Florida Statutes, is

  4  created to read:

  5         985.2155  Violations of supervision; failure to

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

  7  appear for an arraignment for a violation of supervision or

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

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

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

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

12  unless the juvenile otherwise qualifies for a longer period of

13  detention.

14         Section 18.  Subsection (6) of section 985.218, Florida

15  Statutes, is repealed.

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

17  Statutes, is amended to read:

18         985.226  Criteria for waiver of juvenile court

19  jurisdiction; hearing on motion to transfer for prosecution as

20  an adult.--

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

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

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

24  prior to the commencement of an adjudicatory hearing, the

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

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

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

28  criminal prosecution pursuant to a voluntary waiver hearing

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

30  a lesser included offense, the child shall be handled

31  thereafter in every respect as an adult for any subsequent

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  1  violation of state law, unless the court imposes juvenile

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

  3         (2)  INVOLUNTARY WAIVER.--

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

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

  6  motion requesting the court to transfer the child for criminal

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

  8  time the alleged delinquent act or violation of law was

  9  committed.

10         (b)  Mandatory waiver.--

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

12  the child has been previously adjudicated delinquent for an

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

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

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

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

17  child is currently charged with a second or subsequent violent

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

19  motion requesting the court to transfer and certify the

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

21  s. 985.227(1).

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

23  14 years of age or older at the time of commission of a fourth

24  or subsequent alleged felony offense and the child was

25  previously adjudicated delinquent or had adjudication withheld

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

27  conspired to commit, three offenses that are felony offenses

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

29  offenses involved the use or possession of a firearm or

30  violence against a person;,

31

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  1  the state attorney shall request the court to transfer and

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

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

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

  5  request, the court shall either enter an order transferring

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

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

  8  an order.

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

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

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

12  alleged violation of state law was committed should be charged

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

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

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

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

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

18  child has been transferred for criminal prosecution pursuant

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

20  committed the presenting offense or a lesser included offense,

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

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

23  court imposes juvenile sanctions under s. 985.233.

24         Section 20.  Subsections (1), (2), (3), and (4) of

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

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

27         985.227  Prosecution of juveniles as adults by the

28  direct filing of an information in the criminal division of

29  the circuit court; discretionary criteria; mandatory

30  criteria.--

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

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

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

  3  state attorney may file an information when in the state

  4  attorney's judgment and discretion the public interest

  5  requires that adult sanctions be considered or imposed and

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

  7  to commit:

  8         1.  Arson;

  9         2.  Sexual battery;

10         3.  Robbery;

11         4.  Kidnapping;

12         5.  Aggravated child abuse;

13         6.  Aggravated assault;

14         7.  Aggravated stalking;

15         8.  Murder;

16         9.  Manslaughter;

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

18  destructive device or bomb;

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

20  specified burglary of a dwelling or structure in violation of

21  s. 810.02(2)(c);

22         12.  Aggravated battery;

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

24  of a child;

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

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

27  a felony; or

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

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

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

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

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  1  information when in the state attorney's judgment and

  2  discretion the public interest requires that adult sanctions

  3  be considered or imposed. Except as provided in subsection

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

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

  6  had at least two previous adjudications or adjudications

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

  8  classified as a felony under state law.

  9         (2)  MANDATORY DIRECT FILE.--

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

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

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

13  previously adjudicated delinquent for an act classified as a

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

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

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

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

18  currently charged with a second or subsequent violent crime

19  against a person.

20         (b)  The state attorney must file an information

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

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

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

24  committed by an adult, and either:

25         1.  The child has received adjudications of delinquency

26  or withholds of adjudication of delinquency for three acts

27  which would be felonies, if committed by an adult; or

28         2.  The child has received adjudications of delinquency

29  or withholds of adjudication of delinquency for six acts which

30  would be either felonies or misdemeanors, if committed by an

31  adult.  For purposes of this subparagraph, a violation of

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  1  community control or other supervision, which is not based

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

  3  were a separate, additional misdemeanor offense.

  4

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

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

  7  act that is counted towards the maximum number of offenses

  8  under this paragraph that a juvenile may commit before adult

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

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

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

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

13  attorney must file an information with respect to any child

14  who previously has been adjudicated for offenses which, if

15  committed by an adult, would be felonies and such

16  adjudications occurred at three or more separate delinquency

17  adjudicatory hearings, and three of which resulted in

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

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

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

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

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

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

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

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

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

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

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

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

30  willing passengers in the stolen motor vehicle at the time

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

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

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

  3  vehicle that has been the subject of any criminal wrongful

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

  5  means all willing passengers who have participated in the

  6  underlying offense.

  7         (3)  EFFECT OF DIRECT FILE.--

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

  9  prosecution pursuant to an information and has been found to

10  have committed the presenting offense or a lesser included

11  offense, the child shall be handled thereafter in every

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

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

14  985.233.

15         (b)  When a child is transferred for criminal

16  prosecution as an adult, the court shall immediately transfer

17  and certify to the circuit appropriate court all felony

18  preadjudicatory cases which have not yet resulted in a plea,

19  or in an adjudicatory hearing where a finding of guilt has

20  been made, that pertain to that child which are pending in

21  juvenile court, including, but not limited to, all cases

22  involving offenses that occur or are referred between the date

23  of transfer and sentencing in adult court and all outstanding

24  juvenile disposition orders. The juvenile court shall make

25  every effort to dispose of all predispositional cases and

26  transfer those cases to the adult court prior to adult

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

28  cases occurring prior to the sentencing hearing in adult court

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

30  original transfer case.

31

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

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

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

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

  5  restitution ordered in any juvenile proceeding.

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

  7  attorney shall develop and annually update written policies

  8  and guidelines to govern determinations for filing an

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

10  Office of the Governor, the President of the Senate, the

11  Speaker of the House of Representatives, and the Juvenile

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

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

14  include all charges which are based on the same act, criminal

15  episode, or transaction as the primary offenses.

16         Section 21.  Subsection (4) of section 985.233, Florida

17  Statutes, is amended to read:

18         985.233  Sentencing powers; procedures; alternatives

19  for juveniles prosecuted as adults.--

20         (4)  SENTENCING ALTERNATIVES.--

21         (a)  Sentencing to adult sanctions.--

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

23  found to have committed the offense punishable by death or

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

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

26  offense but is found to have committed a lesser included

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

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

29  follows:

30         a.  As an adult pursuant to this section;

31

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  1         b.  By withholding adjudication of guilt, and placing

  2  the child on probation or community control to be supervised

  3  by the Department of Corrections. Such probation or community

  4  control may include a special condition requiring the child to

  5  successfully complete a commitment program as recommended by

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

  7  shall have the authority to access the commitment programs of

  8  the Department of Juvenile Justice for purposes of imposing a

  9  sentence under this paragraph. A juvenile shall not be

10  required to report or pay supervision costs to the Department

11  of Corrections while participating in a commitment program of

12  the Department of Juvenile Justice;

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

14  other provision of that chapter to the contrary; or

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

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

17  for criminal prosecution pursuant to information or waiver of

18  juvenile court jurisdiction is found to have committed a

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

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

21  court may sentence as follows:

22         a.  As an adult pursuant to this section;

23         b.  By withholding adjudication of guilt, and placing

24  the child on probation or community control to be supervised

25  by the Department of Corrections. Such probation or community

26  control may include a special condition requiring the child to

27  successfully complete a commitment program as recommended by

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

29  shall have the authority to access the commitment programs of

30  the Department of Juvenile Justice for purposes of imposing a

31  sentence under this paragraph. A juvenile shall not be

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  1  required to report or pay supervision costs to the Department

  2  of Corrections while participating in a commitment program of

  3  the Department of Juvenile Justice;

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

  5  other provision of that chapter to the contrary; or

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

  7         3.  Notwithstanding any other provision to the

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

  9  to transfer and certify the juvenile for prosecution as an

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

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

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

13  juvenile sanctions, withhold adjudication of guilt, or impose

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

15         4.3.  Any sentence imposing adult sanctions is presumed

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

17  specific findings or enumerate the criteria in this subsection

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

19         5.4.  When a child has been transferred for criminal

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

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

22  include the enforcement of any restitution ordered in any

23  juvenile proceeding.

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

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

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

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

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

29  court shall stay adjudication of guilt and instead shall

30  adjudge the child to have committed a delinquent act.

31  Adjudication of delinquency shall not be deemed a conviction,

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

  2  ordinarily resulting from a conviction. The court shall impose

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

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

  5  An adult sanction or a juvenile sanction may include

  6  enforcement of an order of restitution or community control

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

  8  court imposes a juvenile sanction and the department

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

10  department shall return custody of the child to the sentencing

11  court for further proceedings, including the imposition of

12  adult sanctions. Upon adjudicating a child delinquent under

13  subsection (1), the court may:

14         1.  Place the child in a community control program

15  under the supervision of the department for an indeterminate

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

17  sooner if discharged by order of the court.

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

19  an appropriate program for children for an indeterminate

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

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

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

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

24  department's notice shall be considered approval for

25  discharge.

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

27  alternative to youthful offender or adult sentencing if the

28  court determines not to impose youthful offender or adult

29  sanctions.

30         (c)  Imposition of adult sanctions upon failure of

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

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  1  community control program or for a treatment program under the

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

  3  previous adjudication, impose an adjudication of guilt,

  4  classify the child as a youthful offender when appropriate,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26  effort to prevent the child from engaging in the delinquent

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

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

29  delivered to the judge having jurisdiction of the guardianship

30  estate.

31

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

  2  child is sentenced to juvenile sanctions, further proceedings

  3  involving those sanctions shall continue to be heard in the

  4  adult court.

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

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

  7  enforcement of an order of restitution or community control

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

  9  court imposes a juvenile sanction and the department

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

11  department shall return custody of the child to the sentencing

12  court for further proceedings, including the imposition of

13  adult sanctions.

14

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

16  guidelines in this subsection are mandatory and that a

17  determination of disposition under this subsection is subject

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

19  985.234.

20         Section 22.  For the purpose of incorporating the

21  amendment to section 985.233, Florida Statutes, in references

22  thereto, the following sections or subdivisions of Florida

23  Statutes are reenacted to read:

24         985.225  Indictment of a juvenile.--

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

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

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

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

29  committed a lesser included offense or any other offense for

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

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

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

  2  subsection and has been found to have committed any offense

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

  4  episode, the child shall be handled thereafter in every

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

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

  7  985.233.

  8         985.31  Serious or habitual juvenile offender.--

  9         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

10  TREATMENT.--

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

12  placement in a serious or habitual juvenile offender program

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

14  the time shall not exceed the maximum term of imprisonment

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

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

17  habitual juvenile offender shall not be held under commitment

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

19  985.233 after becoming 21 years of age. This provision shall

20  apply only for the purpose of completing the serious or

21  habitual juvenile offender program pursuant to this chapter

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

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

24  985.309, Florida Statutes, are amended to read:

25         985.309  Boot camp for children.--

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

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

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

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

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

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

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

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

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

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

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

  6  felony of the first degree, and otherwise qualifies pursuant

  7  to paragraph (6)(c).

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

  9  or a municipality must provide for the following minimum

10  periods of participation:

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

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

13  program and at least 2 months in aftercare.

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

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

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

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

18  operate an early intervention boot camp program consisting of

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

20  at least 2 months in aftercare.  The purpose of an early

21  intervention boot camp program is to discourage young

22  offenders from having further contact with the criminal

23  justice system, by emphasizing intensive educational and

24  physical training, discipline, and personal responsibility.

25  Any participation in an early intervention boot camp,

26  regardless of whether the juvenile successfully completes it,

27  automatically disqualifies a juvenile from future

28  participation in an early intervention boot camp.  A

29  participant in an early intervention boot camp program may not

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

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

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  1  early intervention boot camp program have more than four prior

  2  cases involving any combination of acts that would be either

  3  misdemeanors or felonies if committed by an adult.

  4

  5  This subsection does not preclude the operation of a program

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

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

  8  participants to complete two sequential programs of 4 months

  9  each in the boot camp component of the program.

10         Section 24.  For the purpose of incorporating the

11  amendment to section 985.309, Florida Statutes, in references

12  thereto, the following sections or subdivisions of Florida

13  Statutes, are reenacted to read:

14         985.231  Powers of disposition in delinquency cases.--

15         (1)

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

17  theft of a motor vehicle, the court:

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

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

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

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

22  service.

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

24  motor vehicle which is separate and unrelated to the previous

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

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

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

28  service.

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

30  motor vehicle which is separate and unrelated to the previous

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

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  1  treatment program, unless the child is ineligible pursuant to

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

  3  250 hours of community service.

  4         985.31  Serious or habitual juvenile offender.--

  5         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  6  TREATMENT.--

  7         (i)  The treatment and placement recommendations shall

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

  9  paragraph:

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

11  habitual juvenile offender program or facility is

12  inappropriate, the court shall make an alternative disposition

13  pursuant to s. 985.309 or other alternative sentencing as

14  applicable, utilizing the recommendation as a guide.

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

16  habitual juvenile offender program or facility is appropriate,

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

18  in the restrictiveness level designated for serious or

19  habitual delinquent children programs.

20         985.311  Intensive residential treatment program for

21  offenders less than 13 years of age.--

22         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

23  TREATMENT.--

24         (i)  The treatment and placement recommendations shall

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

26  paragraph:

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

28  residential treatment program for offenders less than 13 years

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

30  disposition pursuant to s. 985.309 or other alternative

31

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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         985.314  Commitment programs for juvenile felony

10  offenders.--

11         (1)  Notwithstanding any other law and regardless of

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

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

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

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

16  has participated in an early delinquency intervention program

17  as provided in s. 985.305.

18         Section 25.  Subsection (11) of section 985.404,

19  Florida Statutes, is amended to read:

20         985.404  Administering the juvenile justice

21  continuum.--

22         (11)  The Department of Juvenile Justice in

23  consultation with the Juvenile Justice Advisory Board and

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

25  model to each commitment program. Program recommitment rates

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

27  shall compare program costs to benefits.  A report ranking

28  commitment programs based on cost-benefit shall be submitted

29  to the appropriate substantive and appropriations committees

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

31

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






    Florida House of Representatives - 1998                HB 4193

    583-134A-98






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

  2  factors:

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

  4  has been arrested within 1 year of leaving a commitment

  5  program, regardless of whether the commitment program was

  6  successfully completed.

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

  8  juveniles in the program.

  9         (c)  The program's cost per client.

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

11

12  It is the intent of the Legislature that continual development

13  efforts take place to improve the validity and reliability of

14  the cost-benefit model.

15         Section 26.  This act shall take effect July 1 of the

16  year in which enacted.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Provides that certain adjudications of delinquency are
21    admissible into evidence for impeachment purposes.
      Revises or enacts various provisions in parts I, II, III,
22    and IV of chapter 985, F.S., relating to general
      provisions, delinquency case proceedings, juvenile
23    justice continuum, and juvenile justice system
      administration, respectively.  Revises provisions in
24    chapter 921, F.S., relating to sentencing of persons with
      juvenile records and juveniles prosecuted as adults.
25    Revises provisions in chapter 943, F.S., relating to
      criminal history records of minors. (See bill for
26    details.)

27

28

29

30

31

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