Senate Bill 1634c1

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    Florida Senate - 1999                           CS for SB 1634

    By the Committee on Criminal Justice and Senator Webster





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  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

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  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

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  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.

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  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

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  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. A child placed

15  in home detention under this subparagraph shall not be placed

16  in the home where the victim resides when necessary to protect

17  the victim from further injury.

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

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

20  continue to attend school unless otherwise ordered by the

21  court.

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

23  child shall receive education commensurate with his or her

24  grade level and educational ability.

25         (4)  The Department of Juvenile Justice shall continue

26  to identify alternatives to secure detention care and shall

27  develop such alternatives and annually submit them to the

28  Legislature for authorization and appropriation.

29         Section 2.  For the purpose of incorporating the

30  amendments to section 985.213, Florida Statutes, 1998

31  Supplement, and section 985.215, Florida Statutes, 1998

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

  2  985.03, Florida Statutes, 1998 Supplement, is reenacted to

  3  read:

  4         985.03  Definitions.--When used in this chapter, the

  5  term:

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

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

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

  9  cases.

10         Section 3.  Section 985.215, Florida Statutes, 1998

11  Supplement, is amended to read:

12         985.215  Detention.--

13         (1)  The juvenile probation officer shall receive

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

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

16  enforcement report or probable cause affidavit and make such

17  further inquiry as may be necessary to determine whether

18  detention care is required.

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

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

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

22  detention care, nonsecure detention care, or home detention

23  care shall be made by the juvenile probation officer pursuant

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

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

26  detention hearing is provided to determine whether further

27  detention is authorized.

28         (b)  The juvenile probation officer shall base the

29  decision whether or not to place the child into secure

30  detention care, home detention care, or nonsecure detention

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

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  1  assessment instrument and procedures developed by the

  2  Department of Juvenile Justice under s. 985.213.

  3         (c)  If the juvenile probation officer determines that

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

  5  of the risk assessment instrument should be released, the

  6  juvenile probation officer shall contact the state attorney,

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

  8  child may be released by the juvenile probation officer in

  9  accordance with s. 985.211.

10

11  Under no circumstances shall the juvenile probation officer or

12  the state attorney or law enforcement officer authorize the

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

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

15  court.

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

17  child taken into custody and placed into nonsecure or home

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

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

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

21  absconder from a commitment program, a community control

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

23  have escaped while being lawfully transported to or from such

24  program or supervision.

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

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

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

28  violation of law and requests in writing through legal counsel

29  to be detained for protection from an imminent physical threat

30  to his or her personal safety.

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

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

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

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

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

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

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

  8  including any such offense involving the use or possession of

  9  a firearm.

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

11  third degree felony involving a violation of chapter 893 or

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

13  and the child:

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

15  after being properly notified in accordance with the Rules of

16  Juvenile Procedure;

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

18  hearings;

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

20  is awaiting final disposition of the case;

21         4.  Has a record of violent conduct resulting in

22  physical injury to others; or

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

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

25  conditions of the child's community control or aftercare

26  supervision, and the underlying offense qualifies the child

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

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

29  consequence unit in lieu of secure detention. If the

30  underlying offense does not qualify a child for detention

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

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

  2  985.231(1)(a)1.c. If a consequence unit is not available for a

  3  child alleged to have committed a first violation of community

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

  5  electronic monitoring. A child alleged to have committed a

  6  second violation of community control may be detained for 48

  7  hours and then placed on home detention with electronic

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

  9  alleged to have committed a third or subsequent violation of

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

11  on home detention with electronic monitoring if a consequence

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

13  second or subsequent violation of community control may occur

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

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

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

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

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

19  5 days pursuant to this paragraph.  The failure by the child

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

21  current and valid mailing address, where the child will

22  receive notice to appear at court proceedings, does not

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

24  nonappearance at the hearings.

25

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

27  be detained pursuant to this subsection shall be given a

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

29  purpose of the detention hearing is to determine the existence

30  of probable cause that the child has committed the delinquent

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

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

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

  3  the risk assessment performed by the juvenile probation

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

  5  determine the need for continued detention. A child placed

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

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

  8  the court orders a placement more restrictive than indicated

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

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

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

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

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

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

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

16  court order must include specific instructions that direct the

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

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

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

20  whichever is applicable, unless the requirements of such

21  applicable provision have been met or an order of continuance

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

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

24  placed into or transported in any police car or similar

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

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

27  same offense or transaction as the child.

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

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

30  adults:

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

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

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

  4  to have committed a misdemeanor who is being transferred for

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

  6  985.227 to be detained or held in a jail or other facility

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

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

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

10  wanted by another jurisdiction for prosecution as an adult.

11

12  The child shall be housed separately from adult inmates to

13  prohibit a child from having regular contact with incarcerated

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

15  sound contact. Separation of children from adults shall permit

16  no more than haphazard or accidental contact. The receiving

17  jail or other facility shall contain a separate section for

18  children and shall have an adequate staff to supervise and

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

20  monitoring of children includes physical observation and

21  documented checks by jail or receiving facility supervisory

22  personnel at intervals not to exceed 15 minutes. This

23  paragraph does not prohibit placing two or more children in

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

25  in the same cell with an adult.

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

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

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

29  order includes specific instructions that direct the release

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

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

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

  2  Appellate Procedure.  Appeals of such orders shall take

  3  precedence over other appeals and other pending matters.

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

  5  home detention care under a special detention order for more

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

  7  been commenced by the court.

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

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

10  of an order of adjudication.

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

12  include periods of delay resulting from a continuance granted

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

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

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

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

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

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

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

20  continuance of proceedings for the child or the state.

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

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

23  court order following a detention hearing, the court shall

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

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

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

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

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

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

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

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

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

  2  Justice, unless the court determines that the parent or

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

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

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

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

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

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

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

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

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

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

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

14  adjudication is withheld, and whose parent or guardian

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

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

17  otherwise order the payments of the portion of the public

18  assistance relating to that child to offset the costs of

19  providing care, custody, maintenance, rehabilitation,

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

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

22  order shall be delivered to the judge having jurisdiction of

23  the guardianship estate. The department may employ a

24  collection agency for the purpose of receiving, collecting,

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

26  collection agency must be registered and in good standing

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

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

29  authorize the agency to deduct the fee from the amount

30  collected.

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

  2  delinquency is filed, the child shall be arraigned in

  3  accordance with the Florida Rules of Juvenile Procedure within

  4  48 hours after the filing of the petition for delinquency.

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

  6  the Department of Juvenile Justice may transfer the child from

  7  nonsecure or home detention care to secure detention care only

  8  if significantly changed circumstances warrant such transfer.

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

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

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

12  hearing in which the original risk assessment instrument,

13  rescored based on newly discovered evidence or changed

14  circumstances with the results recommending detention, is

15  introduced into evidence.

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

17  of Juvenile Justice awaiting dispositional placement, removal

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

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

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

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

22  committed to a moderate-risk residential program, the

23  department may seek an order from the court authorizing

24  continued detention for a specific period of time necessary

25  for the appropriate residential placement of the child.

26  However, such continued detention in secure detention care may

27  not exceed 15 days after commitment, excluding Saturdays,

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

29  in this subsection.

30         2.  The court must place all children who are

31  adjudicated and awaiting placement in a residential commitment

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

  2  care or nonsecure detention care may be placed on electronic

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

  4  program may be held in a juvenile assignment center pursuant

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

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

  7  nonsecure detention care, or home or nonsecure detention care

  8  with electronic monitoring, while awaiting placement in a

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

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

11  conditions of the home detention care, the nonsecure detention

12  care, or the electronic monitoring agreement.  For any

13  subsequent violation, the court may impose an additional 5

14  days in secure detention care.

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

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

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

18  until placement or commitment is accomplished.

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

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

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

22  placement or commitment is accomplished.

23         (e)  Upon specific appropriation, the department may

24  obtain comprehensive evaluations, including, but not limited

25  to, medical, academic, psychological, behavioral,

26  sociological, and vocational needs of a youth with multiple

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

28  minimum-risk or low-risk commitment program.

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

30  detention, detention staff shall provide appropriate

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  1  monitoring and supervision to ensure the safety of other

  2  children in the facility.

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

  4  subsection, is released from detention or transferred to home

  5  detention or nonsecure detention, detention staff shall

  6  immediately notify the appropriate law enforcement agency and

  7  school personnel.

  8         Section 4.  For the purpose of incorporating the

  9  amendment to section 985.215, Florida Statutes, 1998

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

11  790.22, Florida Statutes, subsection (1) of section 985.208,

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

13  section 985.211, Florida Statutes, 1998 Supplement, subsection

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

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

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

17  Supplement, are reenacted to read:

18         790.22  Use of BB guns, air or gas-operated guns, or

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

20  possession of firearms by minor under 18 prohibited;

21  penalties.--

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

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

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

25  790.001, other than a violation of subsection (3), or is

26  charged for any offense during the commission of which the

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

28  secure detention, unless the state attorney authorizes the

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

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

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

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  1  detention in accordance with the applicable time periods

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

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

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

  5  clear and present danger to himself or herself or the

  6  community. The Department of Juvenile Justice shall prepare a

  7  form for all minors charged under this subsection that states

  8  the period of detention and the relevant demographic

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

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

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

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

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

14  considered when determining whether the minor should be

15  continued in secure detention under this subsection. An order

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

17  clear and present danger to himself or herself or the

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

19  detention and the benefits derived by the minor or the

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

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

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

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

24  the Office of Economic and Demographic Research.

25         985.208  Detention of furloughed child or escapee on

26  authority of the department.--

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

28  reasonable grounds to believe that any delinquent child

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

30  department or from being lawfully transported thereto or

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

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

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

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

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

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

  6  detention hearing resulting in a finding that detention is

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

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

  9  reviewable by appeal or in habeas corpus proceedings in the

10  district court of appeal.

11         985.211  Release or delivery from custody.--

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

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

14  person taking a child into custody shall attempt to release

15  the child as follows:

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

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

18  custodian is unavailable, unwilling, or unable to provide

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

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

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

22  child into custody may conduct a criminal history background

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

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

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

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

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

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

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

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

31  in the agreement.

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  1         (b)  Contingent upon specific appropriation, to a

  2  shelter approved by the department or to an authorized agent

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

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

  5  serious physical condition which requires either prompt

  6  diagnosis or prompt treatment, to a law enforcement officer

  7  who shall deliver the child to a hospital for necessary

  8  evaluation and treatment.

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

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

11  shall take the child to a designated public receiving facility

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

13  provisions of s. 394.463.

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

15  threatened, attempted, or inflicted physical harm on himself

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

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

18  hospital, addictions receiving facility, or treatment

19  resource.

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

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

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

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

24  section with a copy of the assessment.

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

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

27  detained or released to a shelter designated by the

28  department, shall make a reasonable effort to immediately

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

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

31  the appropriate juvenile probation officer or, if the court

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

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

  3  child into custody shall make a written report or probable

  4  cause affidavit to the appropriate juvenile probation officer.

  5  Such written report or probable cause affidavit must:

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

  7  guardian, or legal custodian.

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

  9  custody, with sufficient information to establish the

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

11  that the child has committed a violation of law.

12         985.219  Process and service.--

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

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

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

16  985.215, the judge may, by endorsement upon the summons and

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

18  specified, order the child to be taken into custody

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

20  shall immediately take the child into custody.

21         985.228  Adjudicatory hearings; withheld adjudications;

22  orders of adjudication.--

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

24  practicable after the petition alleging that a child has

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

26  accordance with the Florida Rules of Juvenile Procedure; but

27  reasonable delay for the purpose of investigation, discovery,

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

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

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

31         985.231  Powers of disposition in delinquency cases.--

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

  2  adjudicated delinquent child may, by an order stating the

  3  facts upon which a determination of a sanction and

  4  rehabilitative program was made at the disposition hearing:

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

  6  an aftercare program under the supervision of an authorized

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

  8  person or agency specifically authorized and appointed by the

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

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

11  such reasonable conditions as the court may direct. A

12  community control program for an adjudicated delinquent child

13  must include a penalty component such as restitution in money

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

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

16  nonresidential punishment appropriate to the offense and must

17  also include a rehabilitative program component such as a

18  requirement of participation in substance abuse treatment or

19  in school or other educational program. Upon the

20  recommendation of the department at the time of disposition,

21  or subsequent to disposition pursuant to the filing of a

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

23  community control or aftercare supervision, the court may

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

25  detecting and monitoring the use of alcohol or controlled

26  substances.

27         a.  A restrictiveness level classification scale for

28  levels of supervision shall be provided by the department,

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

30  community control supervision requirements to reasonably

31  ensure the public safety. Community control programs for

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

  2  person or agency specifically authorized by the court. These

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

  4  restricted activities as described in this subparagraph, and

  5  shall be designed to encourage the child toward acceptable and

  6  functional social behavior. If supervision or a program of

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

  8  such supervision or program must be consistent with any

  9  treatment and rehabilitation needs identified for the child

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

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

12  that the duration of such supervision or program for an

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

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

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

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

17  the child and the parent or guardian could reasonably be

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

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

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

21         b.  The court may conduct judicial review hearings for

22  a child placed on community control for the purpose of

23  fostering accountability to the judge and compliance with

24  other requirements, such as restitution and community service.

25  The court may allow early termination of community control for

26  a child who has substantially complied with the terms and

27  conditions of community control.

28         c.  If the conditions of the community control program

29  or the aftercare program are violated, the agent supervising

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

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

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

  2  the conditions of community control or aftercare must be

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

  4  taken into custody under s. 985.207 for violating the

  5  conditions of community control or aftercare shall be held in

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

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

  8  into custody to determine the existence of probable cause that

  9  the child violated the conditions of community control or

10  aftercare. A consequence unit is a secure facility

11  specifically designated by the department for children who are

12  taken into custody under s. 985.207 for violating community

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

14  have violated the conditions of community control or

15  aftercare. If the violation involves a new charge of

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

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

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

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

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

21  985.215. If the child denies violating the conditions of

22  community control or aftercare, the court shall appoint

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

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

25  that the child has violated the conditions of community

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

27  modifying, or continuing community control or aftercare. In

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

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

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

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

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  1  violated the conditions of community control or aftercare, the

  2  court may:

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

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

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

  6  violation.

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

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

  9  residential consequence unit is not available.

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

11  program or aftercare program.

12         (IV)  Revoke community control or aftercare and commit

13  the child to the department.

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

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

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

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

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

19  motion.

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

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

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

23  center or facility or shelter.

24         3.  Commit the child to the Department of Juvenile

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

26  Such commitment must be for the purpose of exercising active

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

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

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

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

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

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

  2  she reaches the age of 21.

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

  4  child.

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

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

  7  child, to render community service in a public service

  8  program.

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

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

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

12  sanctions ordered by the court at the disposition hearing or

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

14  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

22  by the clerk as a result of receiving and dispensing

23  restitution payments. The clerk shall notify the court if

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

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

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

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

28  efforts to prevent the child from engaging in delinquent acts

29  absolves the parent or guardian of liability for restitution

30  under this subparagraph.

31

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

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

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

  4  an alternative to monetary restitution or as part of the

  5  rehabilitative or community control program.

  6         8.  Commit the child to the Department of Juvenile

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

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

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

10  habitual juvenile offenders must be for an indeterminate

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

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

13  The court may retain jurisdiction over such child until the

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

15  the child completing the program.

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

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

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

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

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

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

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

23  shall determine a reasonable amount or manner of restitution,

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

25  provided in subparagraph 6.

26         10.  Subject to specific appropriation, commit the

27  juvenile sexual offender to the Department of Juvenile Justice

28  for placement in a program or facility for juvenile sexual

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

30  juvenile sexual offender to a program or facility for juvenile

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

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

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

  3  retain jurisdiction over a juvenile sexual offender until the

  4  juvenile sexual offender reaches the age of 21, specifically

  5  for the purpose of completing the program.

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

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1634

10

11  Ensures that when it is necessary to protect the victim from
    domestic violence injury, the juvenile charged with committing
12  domestic violence can not be placed on home detention in the
    home where the victim resides.
13

14

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17

18

19

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23

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