Senate Bill 1634

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



    Florida Senate - 1999                                  SB 1634

    By Senator Webster





    18-1314-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to juvenile detention; amending

  3         s. 985.213, F.S., relating to use of detention;

  4         revising criteria for the holding in detention

  5         of a child who is charged with committing an

  6         offense of domestic violence and who does not

  7         meet detention criteria; providing that such a

  8         child may not be held in secure, nonsecure, or

  9         home detention more than a specified period

10         unless ordered by the court; providing for a

11         hearing under specified circumstances when

12         there is request for continued detention;

13         revising criteria for continued detention;

14         providing for time limitations; reenacting s.

15         985.03(20), F.S., relating to definition of

16         "detention hearing," to incorporate the

17         amendments to ss. 985.213, 985.215, F.S., in

18         references; amending s. 985.215, F.S., relating

19         to detention; providing that under certain

20         circumstances a child shall be detained

21         pursuant to a pickup order issued by a court

22         until the detention hearing is provided;

23         revising criteria for continued detention;

24         providing that under certain circumstances a

25         child whose underlying offense qualifies the

26         child for detention and who is alleged to have

27         violated supervision may be held in a

28         consequence unit in lieu of secure detention;

29         providing for detention for a specified period,

30         and subsequent placement on home detention with

31         electronic monitoring if a consequence unit is

                                  1

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         not available, for a child alleged to have

  2         committed a second or subsequent violation of

  3         community control; providing for continued

  4         detention up to 5 days of a child detained on a

  5         judicial order for failure to appear at two or

  6         more court hearings on the same case,

  7         regardless of the risk assessment instrument;

  8         providing that a child's failure to keep the

  9         court and defense counsel informed of a current

10         mailing address does not provide an adequate

11         ground for excusal of the child's nonappearance

12         at the hearings; reenacting s. 790.22(8), F.S.,

13         relating to limitations upon, prohibitions

14         against, and penalties for unlawful use of BB

15         guns, air or gas-operated guns, or electric

16         weapons or devices by minor under 16 years of

17         age, s. 985.208(1), F.S., relating to detention

18         of furloughed child or escapee on authority of

19         the department, s. 985.211(2) and (4), F.S.,

20         relating to release or delivery from custody,

21         s. 985.219(5), F.S., relating to process and

22         service, s. 985.228(1), F.S., relating to

23         adjudicatory hearings, withheld adjudications,

24         and orders of adjudication, and s.

25         985.231(1)(a), F.S., relating to powers of

26         disposition in delinquency cases, to

27         incorporate amendments in references; providing

28         an effective date.

29

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

31

                                  2

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         Section 1.  Section 985.213 , Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         985.213  Use of detention.--

  4         (1)  All determinations and court orders regarding the

  5  use of secure, nonsecure, or home detention shall be based

  6  primarily upon findings that the child:

  7         (a)  Presents a substantial risk of not appearing at a

  8  subsequent hearing;

  9         (b)  Presents a substantial risk of inflicting bodily

10  harm on others as evidenced by recent behavior;

11         (c)  Presents a history of committing a property

12  offense prior to adjudication, disposition, or placement;

13         (d)  Has committed contempt of court by:

14         1.  Intentionally disrupting the administration of the

15  court;

16         2.  Intentionally disobeying a court order; or

17         3.  Engaging in a punishable act or speech in the

18  court's presence which shows disrespect for the authority and

19  dignity of the court; or

20         (e)  Requests protection from imminent bodily harm.

21         (2)(a)  All determinations and court orders regarding

22  placement of a child into detention care shall comply with all

23  requirements and criteria provided in this part and shall be

24  based on a risk assessment of the child, unless the child is

25  placed into detention care as provided in subparagraph (b)3.

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

27  care placement determinations and orders shall be developed by

28  the Department of Juvenile Justice in agreement with

29  representatives appointed by the following associations: the

30  Conference of Circuit Judges of Florida, the Prosecuting

31  Attorneys Association, and the Public Defenders Association.

                                  3

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  Each association shall appoint two individuals, one

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

  3  The parties involved shall evaluate and revise the risk

  4  assessment instrument as is considered necessary using the

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

  6  assessment instrument shall take into consideration, but need

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

  8  offenses, offenses committed pending adjudication, any

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

10  possession of a stolen motor vehicle, and community control

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

12  assessment instrument shall also take into consideration

13  appropriate aggravating and mitigating circumstances, and

14  shall be designed to target a narrower population of children

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

16  include any information concerning the child's history of

17  abuse and neglect. The risk assessment shall indicate whether

18  detention care is warranted, and, if detention care is

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

20  nonsecure, or home detention care.

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

22  material error in the scoring of the risk assessment

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

24  accuracy.

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

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

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

28  the court makes specific written findings that:

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

30  charged with committing caused physical injury to the victim;

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

                                  4

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         b.c.  It is necessary to place the child in secure,

  2  nonsecure, or home detention in order to protect the victim

  3  from further injury.

  4

  5  The child may not be held in secure, nonsecure, or home

  6  detention under this subparagraph for more than 48 hours

  7  unless ordered by the court. After 48 hours, the court shall

  8  hold a hearing if the state attorney or victim requests that

  9  secure, nonsecure, or home detention be continued. The child

10  may continue to be held in secure detention care if the court

11  makes a specific, written finding that secure detention care

12  is necessary to protect the victim from further injury.

13  However, the child may not be held in secure detention care

14  beyond the time limits set forth in s. 985.215.

15         (3)(a)  While a child who is currently enrolled in

16  school is in nonsecure or home detention care, the child shall

17  continue to attend school unless otherwise ordered by the

18  court.

19         (b)  While a child is in secure detention care, the

20  child shall receive education commensurate with his or her

21  grade level and educational ability.

22         (4)  The Department of Juvenile Justice shall continue

23  to identify alternatives to secure detention care and shall

24  develop such alternatives and annually submit them to the

25  Legislature for authorization and appropriation.

26         Section 2.  For the purpose of incorporating the

27  amendments to section 985.213, Florida Statutes, 1998

28  Supplement, and section 985.215, Florida Statutes, 1998

29  Supplement, in references thereto, subsection (20) of section

30  985.03, Florida Statutes, 1998 Supplement, is reenacted to

31  read:

                                  5

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         985.03  Definitions.--When used in this chapter, the

  2  term:

  3         (20)  "Detention hearing" means a hearing for the court

  4  to determine if a child should be placed in temporary custody,

  5  as provided for under ss. 985.213 and 985.215 in delinquency

  6  cases.

  7         Section 3.  Section 985.215, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         985.215  Detention.--

10         (1)  The juvenile probation officer shall receive

11  custody of a child who has been taken into custody from the

12  law enforcement agency and shall review the facts in the law

13  enforcement report or probable cause affidavit and make such

14  further inquiry as may be necessary to determine whether

15  detention care is required.

16         (a)  During the period of time from the taking of the

17  child into custody to the date of the detention hearing, the

18  initial decision as to the child's placement into secure

19  detention care, nonsecure detention care, or home detention

20  care shall be made by the juvenile probation officer pursuant

21  to ss. 985.213 and 985.214. However, a child shall be detained

22  pursuant to a pickup order issued by a court until the

23  detention hearing is provided to determine whether further

24  detention is authorized.

25         (b)  The juvenile probation officer shall base the

26  decision whether or not to place the child into secure

27  detention care, home detention care, or nonsecure detention

28  care on an assessment of risk in accordance with the risk

29  assessment instrument and procedures developed by the

30  Department of Juvenile Justice under s. 985.213.

31

                                  6

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         (c)  If the juvenile probation officer determines that

  2  a child who is eligible for detention based upon the results

  3  of the risk assessment instrument should be released, the

  4  juvenile probation officer shall contact the state attorney,

  5  who may authorize release. If detention is not authorized, the

  6  child may be released by the juvenile probation officer in

  7  accordance with s. 985.211.

  8

  9  Under no circumstances shall the juvenile probation officer or

10  the state attorney or law enforcement officer authorize the

11  detention of any child in a jail or other facility intended or

12  used for the detention of adults, without an order of the

13  court.

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

15  child taken into custody and placed into nonsecure or home

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

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

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

19  absconder from a commitment program, a community control

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

21  have escaped while being lawfully transported to or from such

22  program or supervision.

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

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

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

26  violation of law and requests in writing through legal counsel

27  to be detained for protection from an imminent physical threat

28  to his or her personal safety.

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

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

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

                                  7

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

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

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

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

  5  including any such offense involving the use or possession of

  6  a firearm.

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

  8  third degree felony involving a violation of chapter 893 or

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

10  and the child:

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

12  after being properly notified in accordance with the Rules of

13  Juvenile Procedure;

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

15  hearings;

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

17  is awaiting final disposition of the case;

18         4.  Has a record of violent conduct resulting in

19  physical injury to others; or

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

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

22  conditions of the child's community control or aftercare

23  supervision, and the underlying offense qualifies the child

24  for detention. A court may order a child who qualifies for

25  secure detention pursuant to this paragraph to be held in a

26  consequence unit in lieu of secure detention. If the

27  underlying offense does not qualify a child for detention

28  However, the a child may be detained under this paragraph may

29  be held only in a consequence unit as provided in s.

30  985.231(1)(a)1.c. If a consequence unit is not available for a

31  child alleged to have committed a first violation of community

                                  8

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  control, the child shall be placed on home detention with

  2  electronic monitoring. A child alleged to have committed a

  3  second violation of community control may be detained for 48

  4  hours and then placed on home detention with electronic

  5  monitoring if a consequence unit is not available.  A child

  6  alleged to have committed a third or subsequent violation of

  7  community control may be detained for 5 days and then placed

  8  on home detention with electronic monitoring if a consequence

  9  unit is not available. For purposes of this subsection, a

10  second or subsequent violation of community control may occur

11  while the initial violation is still pending before the court.

12         (h)  The child is detained on a judicial order for

13  failure to appear and has failed to appear at two or more

14  court hearings on the same case, regardless of the risk

15  assessment instrument.  A child may not be held for more than

16  5 days pursuant to this paragraph.  The failure by the child

17  to keep the clerk of court and defense counsel informed of a

18  current and valid mailing address, where the child will

19  receive notice to appear at court proceedings, does not

20  provide an adequate ground for excusal of the child's

21  nonappearance at the hearings.

22

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

24  be detained pursuant to this subsection shall be given a

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

26  purpose of the detention hearing is to determine the existence

27  of probable cause that the child has committed the delinquent

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

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

30  under paragraph (d), the court shall utilize the results of

31  the risk assessment performed by the juvenile probation

                                  9

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  officer and, based on the criteria in this subsection, shall

  2  determine the need for continued detention. A child placed

  3  into secure, nonsecure, or home detention care may continue to

  4  be so detained by the court pursuant to this subsection. If

  5  the court orders a placement more restrictive than indicated

  6  by the results of the risk assessment instrument, the court

  7  shall state, in writing, clear and convincing reasons for such

  8  placement. Except as provided in s. 790.22(8) or in

  9  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

10  or paragraph (10)(d), when a child is placed into secure or

11  nonsecure detention care, or into a respite home or other

12  placement pursuant to a court order following a hearing, the

13  court order must include specific instructions that direct the

14  release of the child from such placement no later than 5 p.m.

15  on the last day of the detention period specified in paragraph

16  (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,

17  whichever is applicable, unless the requirements of such

18  applicable provision have been met or an order of continuance

19  has been granted pursuant to paragraph (5)(d).

20         (3)  Except in emergency situations, a child may not be

21  placed into or transported in any police car or similar

22  vehicle that at the same time contains an adult under arrest,

23  unless the adult is alleged or believed to be involved in the

24  same offense or transaction as the child.

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

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

27  adults:

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

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

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

31  to have committed a misdemeanor who is being transferred for

                                  10

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

  2  985.227 to be detained or held in a jail or other facility

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

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

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

  6  wanted by another jurisdiction for prosecution as an adult.

  7

  8  The child shall be housed separately from adult inmates to

  9  prohibit a child from having regular contact with incarcerated

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

11  sound contact. Separation of children from adults shall permit

12  no more than haphazard or accidental contact. The receiving

13  jail or other facility shall contain a separate section for

14  children and shall have an adequate staff to supervise and

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

16  monitoring of children includes physical observation and

17  documented checks by jail or receiving facility supervisory

18  personnel at intervals not to exceed 15 minutes. This

19  paragraph does not prohibit placing two or more children in

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

21  in the same cell with an adult.

22         (5)(a)  A child may not be placed into or held in

23  secure, nonsecure, or home detention care for longer than 24

24  hours unless the court orders such detention care, and the

25  order includes specific instructions that direct the release

26  of the child from such detention care, in accordance with

27  subsection (2). The order shall be a final order, reviewable

28  by appeal pursuant to s. 985.234 and the Florida Rules of

29  Appellate Procedure.  Appeals of such orders shall take

30  precedence over other appeals and other pending matters.

31

                                  11

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         (b)  A child may not be held in secure, nonsecure, or

  2  home detention care under a special detention order for more

  3  than 21 days unless an adjudicatory hearing for the case has

  4  been commenced by the court.

  5         (c)  A child may not be held in secure, nonsecure, or

  6  home detention care for more than 15 days following the entry

  7  of an order of adjudication.

  8         (d)  The time limits in paragraphs (b) and (c) do not

  9  include periods of delay resulting from a continuance granted

10  by the court for cause on motion of the child or his or her

11  counsel or of the state. Upon the issuance of an order

12  granting a continuance for cause on a motion by either the

13  child, the child's counsel, or the state, the court shall

14  conduct a hearing at the end of each 72-hour period, excluding

15  Saturdays, Sundays, and legal holidays, to determine the need

16  for continued detention of the child and the need for further

17  continuance of proceedings for the child or the state.

18         (6)  When any child is placed into secure, nonsecure,

19  or home detention care or into other placement pursuant to a

20  court order following a detention hearing, the court shall

21  order the natural or adoptive parents of such child, the

22  natural father of such child born out of wedlock who has

23  acknowledged his paternity in writing before the court, or the

24  guardian of such child's estate, if possessed of assets which

25  under law may be disbursed for the care, support, and

26  maintenance of the child, to pay to the Department of Juvenile

27  Justice, or institution having custody of the child, fees

28  equal to the actual cost of the care, support, and maintenance

29  of the child, as established by the Department of Juvenile

30  Justice, unless the court determines that the parent or

31  guardian of the child is indigent. The court may reduce the

                                  12

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  fees or waive the fees upon a showing by the parent or

  2  guardian of an inability to pay the full cost of the care,

  3  support, and maintenance of the child. In addition, the court

  4  may waive the fees if it finds that the child's parent or

  5  guardian was the victim of the child's delinquent act or

  6  violation of law or if the court finds that the parent or

  7  guardian has made a diligent and good faith effort to prevent

  8  the child from engaging in the delinquent act or violation of

  9  law. With respect to a child who has been found to have

10  committed a delinquent act or violation of law, whether or not

11  adjudication is withheld, and whose parent or guardian

12  receives public assistance for any portion of that child's

13  care, the department must seek a federal waiver to garnish or

14  otherwise order the payments of the portion of the public

15  assistance relating to that child to offset the costs of

16  providing care, custody, maintenance, rehabilitation,

17  intervention, or corrective services to the child. When the

18  order affects the guardianship estate, a certified copy of the

19  order shall be delivered to the judge having jurisdiction of

20  the guardianship estate. The department may employ a

21  collection agency for the purpose of receiving, collecting,

22  and managing the payment of unpaid and delinquent fees. The

23  collection agency must be registered and in good standing

24  under chapter 559. The department may pay to the collection

25  agency a fee from the amount collected under the claim or may

26  authorize the agency to deduct the fee from the amount

27  collected.

28         (7)  If a child is detained and a petition for

29  delinquency is filed, the child shall be arraigned in

30  accordance with the Florida Rules of Juvenile Procedure within

31  48 hours after the filing of the petition for delinquency.

                                  13

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1         (8)  If a child is detained pursuant to this section,

  2  the Department of Juvenile Justice may transfer the child from

  3  nonsecure or home detention care to secure detention care only

  4  if significantly changed circumstances warrant such transfer.

  5         (9)  If a child is on release status and not detained

  6  pursuant to this section, the child may be placed into secure,

  7  nonsecure, or home detention care only pursuant to a court

  8  hearing in which the original risk assessment instrument,

  9  rescored based on newly discovered evidence or changed

10  circumstances with the results recommending detention, is

11  introduced into evidence.

12         (10)(a)1.  When a child is committed to the Department

13  of Juvenile Justice awaiting dispositional placement, removal

14  of the child from detention care shall occur within 5 days,

15  excluding Saturdays, Sundays, and legal holidays. Any child

16  held in secure detention during the 5 days must meet detention

17  admission criteria pursuant to this section. If the child is

18  committed to a moderate-risk residential program, the

19  department may seek an order from the court authorizing

20  continued detention for a specific period of time necessary

21  for the appropriate residential placement of the child.

22  However, such continued detention in secure detention care may

23  not exceed 15 days after commitment, excluding Saturdays,

24  Sundays, and legal holidays, and except as otherwise provided

25  in this subsection.

26         2.  The court must place all children who are

27  adjudicated and awaiting placement in a residential commitment

28  program in detention care. Children who are in home detention

29  care or nonsecure detention care may be placed on electronic

30  monitoring.  A child committed to a moderate-risk residential

31

                                  14

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  program may be held in a juvenile assignment center pursuant

  2  to s. 985.307 until placement or commitment is accomplished.

  3         (b)  A child who is placed in home detention care,

  4  nonsecure detention care, or home or nonsecure detention care

  5  with electronic monitoring, while awaiting placement in a

  6  low-risk or moderate-risk program, may be held in secure

  7  detention care for 5 days, if the child violates the

  8  conditions of the home detention care, the nonsecure detention

  9  care, or the electronic monitoring agreement.  For any

10  subsequent violation, the court may impose an additional 5

11  days in secure detention care.

12         (c)  If the child is committed to a high-risk

13  residential program, the child must be held in detention care

14  or in a juvenile assignment center pursuant to s. 985.307

15  until placement or commitment is accomplished.

16         (d)  If the child is committed to a maximum-risk

17  residential program, the child must be held in detention care

18  or in an assignment center pursuant to s. 985.307 until

19  placement or commitment is accomplished.

20         (e)  Upon specific appropriation, the department may

21  obtain comprehensive evaluations, including, but not limited

22  to, medical, academic, psychological, behavioral,

23  sociological, and vocational needs of a youth with multiple

24  arrests for all level criminal acts or a youth committed to a

25  minimum-risk or low-risk commitment program.

26         (11)(a)  When a juvenile sexual offender is placed in

27  detention, detention staff shall provide appropriate

28  monitoring and supervision to ensure the safety of other

29  children in the facility.

30         (b)  When a juvenile sexual offender, pursuant to this

31  subsection, is released from detention or transferred to home

                                  15

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  detention or nonsecure detention, detention staff shall

  2  immediately notify the appropriate law enforcement agency and

  3  school personnel.

  4         Section 4.  For the purpose of incorporating the

  5  amendment to section 985.215, Florida Statutes, 1998

  6  Supplement, in references thereto, subsection (8) of section

  7  790.22, Florida Statutes, subsection (1) of section 985.208,

  8  Florida Statutes, 1998 Supplement, subsections (2) and (4) of

  9  section 985.211, Florida Statutes, 1998 Supplement, subsection

10  (5) of section 985.219, Florida Statutes, subsection (1) of

11  section 985.228, Florida Statutes, and paragraph (a) of

12  subsection (1) of section 985.231, Florida Statutes, 1998

13  Supplement, are reenacted to read:

14         790.22  Use of BB guns, air or gas-operated guns, or

15  electric weapons or devices by minor under 16; limitation;

16  possession of firearms by minor under 18 prohibited;

17  penalties.--

18         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

19  minor under 18 years of age is charged with an offense that

20  involves the use or possession of a firearm, as defined in s.

21  790.001, other than a violation of subsection (3), or is

22  charged for any offense during the commission of which the

23  minor possessed a firearm, the minor shall be detained in

24  secure detention, unless the state attorney authorizes the

25  release of the minor, and shall be given a hearing within 24

26  hours after being taken into custody. At the hearing, the

27  court may order that the minor continue to be held in secure

28  detention in accordance with the applicable time periods

29  specified in s. 985.215(5), if the court finds that the minor

30  meets the criteria specified in s. 985.215(2), or if the court

31  finds by clear and convincing evidence that the minor is a

                                  16

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  clear and present danger to himself or herself or the

  2  community. The Department of Juvenile Justice shall prepare a

  3  form for all minors charged under this subsection that states

  4  the period of detention and the relevant demographic

  5  information, including, but not limited to, the sex, age, and

  6  race of the minor; whether or not the minor was represented by

  7  private counsel or a public defender; the current offense; and

  8  the minor's complete prior record, including any pending

  9  cases. The form shall be provided to the judge to be

10  considered when determining whether the minor should be

11  continued in secure detention under this subsection. An order

12  placing a minor in secure detention because the minor is a

13  clear and present danger to himself or herself or the

14  community must be in writing, must specify the need for

15  detention and the benefits derived by the minor or the

16  community by placing the minor in secure detention, and must

17  include a copy of the form provided by the department. The

18  Department of Juvenile Justice must send the form, including a

19  copy of any order, without client-identifying information, to

20  the Office of Economic and Demographic Research.

21         985.208  Detention of furloughed child or escapee on

22  authority of the department.--

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

24  reasonable grounds to believe that any delinquent child

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

26  department or from being lawfully transported thereto or

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

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

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

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

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

                                  17

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

  2  detention hearing resulting in a finding that detention is

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

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

  5  reviewable by appeal or in habeas corpus proceedings in the

  6  district court of appeal.

  7         985.211  Release or delivery from custody.--

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

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

10  person taking a child into custody shall attempt to release

11  the child as follows:

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

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

14  custodian is unavailable, unwilling, or unable to provide

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

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

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

18  child into custody may conduct a criminal history background

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

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

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

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

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

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

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

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

27  in the agreement.

28         (b)  Contingent upon specific appropriation, to a

29  shelter approved by the department or to an authorized agent

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

31

                                  18

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

  2  serious physical condition which requires either prompt

  3  diagnosis or prompt treatment, to a law enforcement officer

  4  who shall deliver the child to a hospital for necessary

  5  evaluation and treatment.

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

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

  8  shall take the child to a designated public receiving facility

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

10  provisions of s. 394.463.

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

12  threatened, attempted, or inflicted physical harm on himself

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

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

15  hospital, addictions receiving facility, or treatment

16  resource.

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

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

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

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

21  section with a copy of the assessment.

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

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

24  detained or released to a shelter designated by the

25  department, shall make a reasonable effort to immediately

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

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

28  the appropriate juvenile probation officer or, if the court

29  has so ordered pursuant to s. 985.215, to a detention center

30  or facility. Upon delivery of the child, the person taking the

31  child into custody shall make a written report or probable

                                  19

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  cause affidavit to the appropriate juvenile probation officer.

  2  Such written report or probable cause affidavit must:

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

  4  guardian, or legal custodian.

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

  6  custody, with sufficient information to establish the

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

  8  that the child has committed a violation of law.

  9         985.219  Process and service.--

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

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

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

13  985.215, the judge may, by endorsement upon the summons and

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

15  specified, order the child to be taken into custody

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

17  shall immediately take the child into custody.

18         985.228  Adjudicatory hearings; withheld adjudications;

19  orders of adjudication.--

20         (1)  The adjudicatory hearing must be held as soon as

21  practicable after the petition alleging that a child has

22  committed a delinquent act or violation of law is filed and in

23  accordance with the Florida Rules of Juvenile Procedure; but

24  reasonable delay for the purpose of investigation, discovery,

25  or procuring counsel or witnesses shall be granted. If the

26  child is being detained, the time limitations provided for in

27  s. 985.215(5)(b) and (c) apply.

28         985.231  Powers of disposition in delinquency cases.--

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

30  adjudicated delinquent child may, by an order stating the

31

                                  20

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  facts upon which a determination of a sanction and

  2  rehabilitative program was made at the disposition hearing:

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

  4  an aftercare program under the supervision of an authorized

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

  6  person or agency specifically authorized and appointed by the

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

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

  9  such reasonable conditions as the court may direct. A

10  community control program for an adjudicated delinquent child

11  must include a penalty component such as restitution in money

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

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

14  nonresidential punishment appropriate to the offense and must

15  also include a rehabilitative program component such as a

16  requirement of participation in substance abuse treatment or

17  in school or other educational program. Upon the

18  recommendation of the department at the time of disposition,

19  or subsequent to disposition pursuant to the filing of a

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

21  community control or aftercare supervision, the court may

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

23  detecting and monitoring the use of alcohol or controlled

24  substances.

25         a.  A restrictiveness level classification scale for

26  levels of supervision shall be provided by the department,

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

28  community control supervision requirements to reasonably

29  ensure the public safety. Community control programs for

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

31  person or agency specifically authorized by the court. These

                                  21

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

  2  restricted activities as described in this subparagraph, and

  3  shall be designed to encourage the child toward acceptable and

  4  functional social behavior. If supervision or a program of

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

  6  such supervision or program must be consistent with any

  7  treatment and rehabilitation needs identified for the child

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

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

10  that the duration of such supervision or program for an

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

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

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

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

15  the child and the parent or guardian could reasonably be

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

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

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

19         b.  The court may conduct judicial review hearings for

20  a child placed on community control for the purpose of

21  fostering accountability to the judge and compliance with

22  other requirements, such as restitution and community service.

23  The court may allow early termination of community control for

24  a child who has substantially complied with the terms and

25  conditions of community control.

26         c.  If the conditions of the community control program

27  or the aftercare program are violated, the agent supervising

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

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

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

31  the conditions of community control or aftercare must be

                                  22

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

  2  taken into custody under s. 985.207 for violating the

  3  conditions of community control or aftercare shall be held in

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

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

  6  into custody to determine the existence of probable cause that

  7  the child violated the conditions of community control or

  8  aftercare. A consequence unit is a secure facility

  9  specifically designated by the department for children who are

10  taken into custody under s. 985.207 for violating community

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

12  have violated the conditions of community control or

13  aftercare. If the violation involves a new charge of

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

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

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

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

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

19  985.215. If the child denies violating the conditions of

20  community control or aftercare, the court shall appoint

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

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

23  that the child has violated the conditions of community

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

25  modifying, or continuing community control or aftercare. In

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

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

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

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

30  violated the conditions of community control or aftercare, the

31  court may:

                                  23

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




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

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

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

  4  violation.

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

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

  7  residential consequence unit is not available.

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

  9  program or aftercare program.

10         (IV)  Revoke community control or aftercare and commit

11  the child to the department.

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

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

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

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

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

17  motion.

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

19  willing to receive the child, but the court may not commit the

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

21  center or facility or shelter.

22         3.  Commit the child to the Department of Juvenile

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

24  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

31  she reaches the age of 21.

                                  24

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  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

                                  25

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  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

                                  26

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






    Florida Senate - 1999                                  SB 1634
    18-1314-99                                              See HB




  1  juvenile sexual offender reaches the age of 21, specifically

  2  for the purpose of completing the program.

  3         Section 5.  This act shall take effect July 1, 1999.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Revises criteria for the holding in detention of a child
  8    who is charged with committing an offense of domestic
      violence and who does not meet detention criteria.
  9    Provides that such a child may not be held in secure,
      nonsecure, or home detention more than a specified period
10    unless ordered by the court. Provides for a hearing under
      specified circumstances when there is request for
11    continued detention. Revises criteria for the continued
      detention, and provides for time limitations. Provides
12    that under certain circumstances a child shall be
      detained pursuant to a pickup order issued by a court
13    until the detention hearing is provided. Revises criteria
      for continued detention. Provides that under certain
14    circumstances a child whose underlying offense qualifies
      the child for detention and who is alleged to have
15    violated supervision may be held in a consequence unit in
      lieu of secure detention. Provides detention for a
16    specified period, and subsequent placement on home
      detention with electronic monitoring if a consequence
17    unit is not available, for a child alleged to have
      committed a second or subsequent violation of community
18    control. Provides for continued detention up to 5 days of
      a child detained on a judicial order for failure to
19    appear at two or more court hearings on the same case,
      regardless of the risk assessment instrument. Specifies
20    consequences of the child's failure to keep the court and
      defense counsel informed of a current mailing address.
21

22

23

24

25

26

27

28

29

30

31

                                  27