House Bill 1129
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1129
By Representative Rayson
1 A bill to be entitled
2 An act relating to juvenile justice; amending
3 s. 985.213, F.S.; creating a workgroup to study
4 the effectiveness of the risk assessment
5 instrument; providing for a report; amending s.
6 985.215, F.S.; setting time limits for filing a
7 petition for delinquency in certain
8 circumstances; providing for extension of time
9 limits in specified circumstances; amending s.
10 985.219, F.S.; requiring law enforcement
11 agencies to act upon subpoenas and serve
12 process within a certain time; amending ss.
13 985.201, 985.225, F.S.; conforming
14 cross-references to changes made by the act;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (5) is added to section 985.213,
20 Florida Statutes, 1998 Supplement, to read:
21 985.213 Use of detention.--
22 (5) A risk assessment workgroup is established, to be
23 composed of nine members. Members must have direct experience
24 and a strong interest in juvenile justice issues. Composition
25 of the workgroup shall be as follows: a public defender, a
26 state attorney, and a sheriff appointed by their respective
27 professional associations; a representative of the Department
28 of Juvenile Justice, a juvenile judge, a chairman of a local
29 juvenile justice board or county council, and a child advocate
30 appointed by the Secretary of Juvenile Justice; a member of
31 the Senate appointed by the President of the Senate; and a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1129
288-213-99
1 member of the House of Representatives appointed by the
2 Speaker of the House of Representatives. The workgroup shall
3 review the effectiveness of the risk assessment instrument as
4 a screening device and shall make recommendations to keep,
5 revise, or eliminate the instrument, based upon its findings.
6 The workgroup shall report to the Governor, the President of
7 the Senate, and the Speaker of the House of Representatives
8 regarding these findings by January 15, 2000. Subject to
9 specific appropriations, an independent evaluation will be
10 commissioned by the department to validate the current risk
11 assessment and make an objective report to the workgroup and
12 the Legislature. This subsection expires October 1, 2000,
13 unless reenacted by the Legislature.
14 Section 2. Subsections (5) and (7) of section 985.215,
15 Florida Statutes, 1998 Supplement, are amended to read:
16 985.215 Detention.--
17 (5)(a) A child may not be placed into or held in
18 secure, nonsecure, or home detention care for longer than 24
19 hours unless the court orders such detention care, and the
20 order includes specific instructions that direct the release
21 of the child from such detention care, in accordance with
22 subsection (2). The order shall be a final order, reviewable
23 by appeal pursuant to s. 985.234 and the Florida Rules of
24 Appellate Procedure. Appeals of such orders shall take
25 precedence over other appeals and other pending matters.
26 (b) A child may not be held in secure detention for
27 more than 5 days unless a petition for delinquency has been
28 filed or the child is detained for a capital felony, life
29 felony, felony of the first degree, or violent second-degree
30 felony. The child shall be arraigned in accordance with
31 subsection (7).
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1129
288-213-99
1 (c)(b) A child may not be held in secure, nonsecure,
2 or home detention care under a special detention order for
3 more than 21 days unless an adjudicatory hearing for the case
4 has been commenced by the court.
5 (d)(c) A child may not be held in secure, nonsecure,
6 or home detention care for more than 15 days following the
7 entry of an order of adjudication.
8 (e)(d) The time limits in paragraphs (b), and (c), and
9 (d) do not include periods of delay resulting from a
10 continuance granted by the court for cause on motion of the
11 child or his or her counsel or of the state. Before the 21st
12 day, cause may be automatically found and the time limits for
13 detention may be automatically extended 9 days if the child is
14 charged with a capital felony, life felony, or felony of the
15 first degree, and if the nature of the charge requires
16 additional time for the prosecution or defense of the case.
17 Upon the issuance of an order granting a continuance for cause
18 on a motion by either the child, the child's counsel, or the
19 state, the court shall conduct a hearing at the end of each
20 72-hour period, excluding Saturdays, Sundays, and legal
21 holidays, to determine the need for continued detention of the
22 child and the need for further continuance of proceedings for
23 the child or the state.
24 (7)(a) If a child is securely detained, and a petition
25 for delinquency shall be is filed, and the child shall be
26 arraigned in accordance with the Florida Rules of Juvenile
27 Procedure within 21 working days after the initial detention
28 hearing, except as provided in paragraph (b) 48 hours after
29 the filing of the petition for delinquency.
30 (b) If a child is detained for a capital felony, life
31 felony, felony of the first degree, or violent second-degree
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1129
288-213-99
1 felony, a petition for delinquency will be filed and the child
2 shall be arraigned in accordance with the Florida Rules of
3 Juvenile Procedure within 21 working days after the initial
4 detention hearing.
5 Section 3. Present subsections (4) through (11) of
6 section 985.219, Florida Statutes, are renumbered as
7 subsections (5) through (12), respectively, and a new
8 subsection (4) is added to that section, to read:
9 985.219 Process and service.--
10 (4) Law enforcement agencies shall act upon subpoenas
11 received and serve process within 7 days after arraignment.
12 Section 4. Paragraph (b) of subsection (3) of section
13 985.201, Florida Statutes, is amended to read:
14 985.201 Jurisdiction.--
15 (3)
16 (b) The jurisdiction to be exercised by the court when
17 a child is taken into custody before the filing of a petition
18 under s. 985.219(8) s. 985.219(7) shall be exercised by the
19 circuit court for the county in which the child is taken into
20 custody, which court shall have personal jurisdiction of the
21 child and the child's parent or legal guardian. Upon the
22 filing of a petition in the appropriate circuit court, the
23 court that is exercising initial jurisdiction of the person of
24 the child shall, if the child has been detained, immediately
25 order the child to be transferred to the detention center or
26 facility or other placement as ordered by the court having
27 subject matter jurisdiction of the case.
28 Section 5. Subsection (1) of section 985.225, Florida
29 Statutes, is amended to read:
30 985.225 Indictment of a juvenile.--
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1129
288-213-99
1 (1) A child of any age who is charged with a violation
2 of state law punishable by death or by life imprisonment is
3 subject to the jurisdiction of the court as set forth in s.
4 985.219(8) s. 985.219(7) unless and until an indictment on the
5 charge is returned by the grand jury. When such indictment is
6 returned, the petition for delinquency, if any, must be
7 dismissed and the child must be tried and handled in every
8 respect as an adult:
9 (a) On the offense punishable by death or by life
10 imprisonment; and
11 (b) On all other felonies or misdemeanors charged in
12 the indictment which are based on the same act or transaction
13 as the offense punishable by death or by life imprisonment or
14 on one or more acts or transactions connected with the offense
15 punishable by death or by life imprisonment.
16 Section 6. This act shall take effect October 1, 1999.
17
18 *****************************************
19 SENATE SUMMARY
20 Creates a workgroup to study the effectiveness of the
risk assessment instrument with respect to detention of
21 juveniles and to report its findings to the Governor and
the Legislature. Limits the period certain children may
22 be held in secure detention to 5 days, unless a petition
for delinquency has been filed. Cause for extension will
23 be automatically found and the extension automatically
granted in specified cases. Requires a petition for
24 delinquency to be filed within 21 days when the child has
been charged with a capital felony, life felony,
25 first-degree felony, or violent second-degree felony.
Requires law enforcement agencies to act on subpoenas and
26 serve process within 7 days.
27
28
29
30
31
5