Senate Bill 0708

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


    Florida Senate - 1998                                   SB 708

    By Senator Grant





    13-609-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to alcohol and other substance

  3         abuse testing of a delinquent child; amending

  4         s. 985.231, F.S., relating to powers of

  5         disposition in delinquency cases; providing

  6         that the court may order a delinquent child

  7         placed in a community control or aftercare

  8         program to submit to random testing for alcohol

  9         or controlled substances; providing that the

10         order may be made at the disposition or

11         pursuant to the filing of a petition alleging

12         violation of the conditions of the child's

13         community control or aftercare supervision;

14         reenacting s. 985.31(3)(e), F.S., relating to

15         serious or habitual offenders, and s.

16         985.311(3)(e), F.S., relating to intensive

17         residential treatment program for offenders

18         less than 13 years of age, to incorporate said

19         amendment in references; providing an effective

20         date.

21

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

23

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

25  985.231, Florida Statutes, is amended to read:

26         985.231  Powers of disposition in delinquency cases.--

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

28  adjudicated delinquent child may, by an order stating the

29  facts upon which a determination of a sanction and

30  rehabilitative program was made at the disposition hearing:

31

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






    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




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

  2  an aftercare program under the supervision of an authorized

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

  4  person or agency specifically authorized and appointed by the

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

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

  7  such reasonable conditions as the court may direct. A

  8  community control program for an adjudicated delinquent child

  9  must include a penalty component such as restitution in money

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

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

12  nonresidential punishment appropriate to the offense and must

13  also include a rehabilitative program component such as a

14  requirement of participation in substance abuse treatment or

15  in school or other educational program. Upon the

16  recommendation of the department at the time of disposition,

17  or subsequent to disposition pursuant to the filing of a

18  petition alleging a violation of the child's conditions of

19  community control or aftercare supervision, the court may

20  order the child to submit to random testing for the purpose of

21  detecting and monitoring the use of alcohol or controlled

22  substances.

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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    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




  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. 39.037 for violating the

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






    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




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






    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




  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 the

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

19  center or facility or shelter.

20         3.  Commit the child to the Department of Juvenile

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

22  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

29  she reaches the age of 21.

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

31  child.

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






    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




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

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

  3  child, to render community service in a public service

  4  program.

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

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

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

  8  sanctions ordered by the court at the disposition hearing or

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

10  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

18  by the clerk as a result of receiving and dispensing

19  restitution payments. The clerk shall notify the court if

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

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

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

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

24  efforts to prevent the child from engaging in delinquent acts

25  absolves the parent or guardian of liability for restitution

26  under this subparagraph.

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

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

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

30  an alternative to monetary restitution or as part of the

31  rehabilitative or community control program.

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






    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




  1         8.  Commit the child to the Department of Juvenile

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

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

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

  5  habitual juvenile offenders must be for an indeterminate

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

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

  8  The court may retain jurisdiction over such child until the

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

10  the child completing the program.

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

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

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

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

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

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

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

18  shall determine a reasonable amount or manner of restitution,

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

20  provided in subparagraph 6.

21         10.  Subject to specific appropriation, commit the

22  juvenile sexual offender to the Department of Juvenile Justice

23  for placement in a program or facility for juvenile sexual

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

25  juvenile sexual offender to a program or facility for juvenile

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

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

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

29  retain jurisdiction over a juvenile sexual offender until the

30  juvenile sexual offender reaches the age of 21, specifically

31  for the purpose of completing the program.

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    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




  1         Section 2.  For the purpose of incorporating the

  2  amendment to s. 985.231, Florida Statutes, in references

  3  thereto, paragraph (e) of subsection (3) of section 985.31,

  4  Florida Statutes, and paragraph (e) of subsection (3) of

  5  section 985.311, Florida Statutes, are reenacted to read:

  6         985.31  Serious or habitual juvenile offender.--

  7         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

  8  TREATMENT.--

  9         (e)  After a child has been adjudicated delinquent

10  pursuant to s. 985.228, the court shall determine whether the

11  child meets the criteria for a serious or habitual juvenile

12  offender under pursuant to s. 985.03(47). If the court

13  determines that the child does not meet the such criteria, the

14  provisions of s. 985.231(1) applies shall apply.

15         985.311  Intensive residential treatment program for

16  offenders less than 13 years of age.--

17         (3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND

18  TREATMENT.--

19         (e)  After a child has been adjudicated delinquent

20  pursuant to s. 985.228(5), the court shall determine whether

21  the child is eligible for an intensive residential treatment

22  program for offenders less than 13 years of age under pursuant

23  to s. 985.03(7).  If the court determines that the child does

24  not meet the criteria, the provisions of s. 985.231(1) applies

25  shall apply.

26         Section 3.  This act shall take effect October 1 of the

27  year in which enacted and shall apply to offenses committed on

28  or after that date.

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    Florida Senate - 1998                                   SB 708
    13-609-98                                               See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Allows a court that is hearing a delinquency case to
      order a delinquent child who has been placed in a
  4    community control or aftercare program to submit to
      random testing for alcohol or controlled substances.
  5    Provides that the order may be made at the disposition or
      pursuant to the filing of a petition alleging violation
  6    of the conditions of the child's community control or
      aftercare supervision.
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