Senate Bill 1724c1

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    Florida Senate - 1999                  CS for SB's 1724 & 2312

    By the Committee on Criminal Justice and Senators Scott and
    Campbell




    307-2012-99

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.211, F.S.; requiring a probable cause

  4         affidavit or written report to be made within a

  5         time certain; requiring such affidavit or

  6         report to be filed with the clerk of circuit

  7         court within a time certain; amending s.

  8         985.213, F.S.; creating a workgroup to study

  9         the effectiveness of the risk assessment

10         instrument; providing for a report; providing

11         for future repeal of provisions relating to

12         creation and use of the instrument; amending s.

13         985.215, F.S.; providing for increased holding

14         times for children charged with offenses of

15         certain severity; requiring arresting law

16         enforcement agencies to present certain

17         information to the state; providing an

18         effective date.

19

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

21

22         Section 1.  Subsections (3), (4), and (6) of section

23  985.211, Florida Statutes, 1998 Supplement, are amended to

24  read:

25         985.211  Release or delivery from custody.--

26         (3)  If the child is released, the person taking the

27  child into custody shall make a written report or probable

28  cause affidavit to the appropriate juvenile probation officer

29  within 24 hours after such release 3 days, stating the facts

30  and the reason for taking the child into custody.  Such

31  written report or probable cause affidavit shall:

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




  1         (a)  Identify the child, the parents, guardian, or

  2  legal custodian, and the person to whom the child was

  3  released.

  4         (b)  Contain sufficient information to establish the

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

  6  that the child has committed a violation of law or a

  7  delinquent act.

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

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

10  detained or released to a shelter designated by the

11  department, shall make a reasonable effort to immediately

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

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

14  the appropriate juvenile probation officer or, if the court

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

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

17  child into custody shall make a written report or probable

18  cause affidavit to the appropriate juvenile probation officer.

19  Such written report or probable cause affidavit must:

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

21  guardian, or legal custodian.

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

23  custody, with sufficient information to establish the

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

25  that the child has committed a violation of law.

26         (6)(a)  A copy of the probable cause affidavit or

27  written report made by the person taking the child into

28  custody a law enforcement agency shall be filed, by the law

29  enforcement agency which employs the person making such

30  affidavit or written report, with the clerk of the circuit

31  court for the county in which the child is taken into custody

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




  1  or in which the affidavit or report is made within 24 hours

  2  after the child is taken into custody and detained, within 1

  3  week after the child is taken into custody and released, or

  4  within 1 week after the affidavit or report is made, excluding

  5  Saturdays, Sundays, and legal holidays.  Such affidavit or

  6  report is a case for the purpose of assigning a uniform case

  7  number pursuant to this subsection.

  8         (b)  Upon the filing of a copy of a probable cause

  9  affidavit or written report by a law enforcement agency with

10  the clerk of the circuit court, the clerk shall immediately

11  assign a uniform case number to the affidavit or report,

12  forward a copy to the state attorney, and forward a copy to

13  the intake office of the department which serves the county in

14  which the case arose.

15         (c)  Each letter of recommendation, written notice,

16  report, or other paper required by law pertaining to the case

17  shall bear the uniform case number of the case, and a copy

18  shall be filed with the clerk of the circuit court by the

19  issuing agency.  The issuing agency shall furnish copies to

20  the juvenile probation officer and the state attorney.

21         (d)  Upon the filing of a petition based on the

22  allegations of a previously filed probable cause affidavit or

23  written report, the agency filing the petition shall include

24  the appropriate uniform case number on the petition.

25         Section 2.  Subsection (2) of section 985.213, Florida

26  Statutes, 1998 Supplement, is amended, and subsection (5) is

27  added to that section, to read:

28         985.213  Use of detention.--

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

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

31  requirements and criteria provided in this part and shall be

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




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

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

  3  This paragraph expires October 1, 2000.

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

  5  care placement determinations and orders shall be developed by

  6  the Department of Juvenile Justice in agreement with

  7  representatives appointed by the following associations: the

  8  Conference of Circuit Judges of Florida, the Prosecuting

  9  Attorneys Association, and the Public Defenders Association.

10  Each association shall appoint two individuals, one

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

12  The parties involved shall evaluate and revise the risk

13  assessment instrument as is considered necessary using the

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

15  assessment instrument shall take into consideration, but need

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

17  offenses, offenses committed pending adjudication, any

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

19  possession of a stolen motor vehicle, and community control

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

21  assessment instrument shall also take into consideration

22  appropriate aggravating and mitigating circumstances, and

23  shall be designed to target a narrower population of children

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

25  include any information concerning the child's history of

26  abuse and neglect. The risk assessment shall indicate whether

27  detention care is warranted, and, if detention care is

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

29  nonsecure, or home detention care. This subparagraph expires

30  October 1, 2000.

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




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

  2  material error in the scoring of the risk assessment

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

  4  accuracy. This subparagraph expires October 1, 2000.

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

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

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

  8  the court makes specific written findings that:

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

10  charged with committing caused physical injury to the victim;

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

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

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

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

16  subparagraph for more than 48 hours unless ordered by the

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

18  state attorney or victim requests that secure detention be

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

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

21  secure detention is necessary to protect the victim from

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

23  detention beyond the time limits set forth in s. 985.215.

24         (5)  A risk assessment workgroup is established, to be

25  composed of nine members. Members must have direct experience

26  and a strong interest in juvenile justice issues. Composition

27  of the workgroup shall be as follows: a public defender, a

28  state attorney, and a sheriff appointed by their respective

29  professional associations; a representative of the Department

30  of Juvenile Justice, a chairman of a local juvenile justice

31  board or county council, and a child advocate appointed by the

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




  1  Secretary of Juvenile Justice; a juvenile judge appointed by

  2  the Conference of Circuit Court Judges; a member of the Senate

  3  appointed by the President of the Senate; and a member of the

  4  House of Representatives appointed by the Speaker of the House

  5  of Representatives. The workgroup shall review the

  6  effectiveness of the risk assessment instrument as a screening

  7  device and shall make recommendations to keep, revise, or

  8  eliminate the instrument, based upon its findings. The

  9  workgroup shall report to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives

11  regarding these findings by January 15, 2000. Subject to

12  specific appropriations, an independent evaluation will be

13  commissioned by the department to validate the current risk

14  assessment instrument and make an objective report to the

15  workgroup and the Legislature.

16         Section 3.  Subsection (5) of section 985.215, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         985.215  Detention.--

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

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

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

22  order includes specific instructions that direct the release

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

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

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

26  Appellate Procedure.  Appeals of such orders shall take

27  precedence over other appeals and other pending matters.

28         (b)  The arresting law enforcement agency shall

29  complete and present its investigation of an offense under

30  this subsection to the appropriate state attorney's office

31  within 8 days after placement of the child in secure

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




  1  detention. The investigation shall include, but is not limited

  2  to, police reports and supplemental police reports, witness

  3  statements, and evidence collection documents.

  4         (c)(b)  Except as provided in paragraph (f), a child

  5  may not be held in secure, nonsecure, or home detention care

  6  under a special detention order for more than 21 days unless

  7  an adjudicatory hearing for the case has been commenced by the

  8  court.

  9         (d)(c)  A child may not be held in secure, nonsecure,

10  or home detention care for more than 15 days following the

11  entry of an order of adjudication.

12         (e)(d)  The time limits in paragraphs (b) and (c) and

13  (d) do not include periods of delay resulting from a

14  continuance granted by the court for cause on motion of the

15  child or his or her counsel or of the state. Upon the issuance

16  of an order granting a continuance for cause on a motion by

17  either the child, the child's counsel, or the state, the court

18  shall conduct a hearing at the end of each 72-hour period,

19  excluding Saturdays, Sundays, and legal holidays, to determine

20  the need for continued detention of the child and the need for

21  further continuance of proceedings for the child or the state.

22         (f)  The Legislature recognizes the benefits of early

23  case resolution and encourages disposition of cases within

24  detention time limits whenever possible.

25         (g)  The court may extend the time limits for detention

26  specified in paragraph (c) for an additional 9 days if the

27  child is charged with a capital felony, a life felony, a

28  felony of the first degree, or a felony of the second degree

29  involving violence against any individual.

30         Section 4.  This act shall take effect October 1, 1999.

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    Florida Senate - 1999                  CS for SB's 1724 & 2312
    307-2012-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                   Senate Bill's 1724 and 2312

  3

  4  1.    Combines the "risk assessment instrument" provisions in
          SB 2312 with the detention time limitations in SB 1724.
  5
    2.    Clarifies that the sunset provision in SB 2312 applies
  6        only to the current risk assessment instrument language,
          not to the statutory language detaining children that
  7        commit domestic violence.

  8  3.    Requires the arresting law enforcement agency to
          complete and present its investigation to the state
  9        attorney's office within 8 days of the child being
          placed in secure detention.
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    4.    Deletes the petition filing time limitations.
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    5.    Deletes the provision allowing an extension of time for
12        post-adjudication detention.

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