House Bill 2081

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    Florida House of Representatives - 1999                HB 2081

        By Representative Farkas






  1                      A bill to be entitled

  2         An act relating to proceedings involving

  3         children; amending s. 985.215, F.S.;

  4         prescribing additional grounds for detention of

  5         children charged with certain offenses;

  6         amending s. 985.216, F.S.; prescribing

  7         punishment for contempt of court by a

  8         delinquent child or child in need of services;

  9         providing an effective date.

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

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13         Section 1.  Paragraph (f) of subsection (2) of section

14  985.215, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         985.215  Detention.--

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

18  child taken into custody and placed into nonsecure or home

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

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

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

22  third degree felony involving a violation of chapter 893 or

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

24  and the child:

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

26  after being properly notified in accordance with the Rules of

27  Juvenile Procedure;

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

29  hearings;

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

31  is awaiting final disposition of the case;

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  1         4.  Has a record of violent conduct resulting in

  2  physical injury to others; or

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

  4  or.

  5         6.  Has been found by a judge, in a written order with

  6  findings of fact, to pose a clear and present danger to the

  7  community.

  8

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

10  be detained pursuant to this subsection shall be given a

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

12  purpose of the detention hearing is to determine the existence

13  of probable cause that the child has committed the delinquent

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

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

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

17  the risk assessment performed by the juvenile probation

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

19  determine the need for continued detention. A child placed

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

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

22  the court orders a placement more restrictive than indicated

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

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

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

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

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

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

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

30  court order must include specific instructions that direct the

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

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    Florida House of Representatives - 1999                HB 2081

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

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

  3  whichever is applicable, unless the requirements of such

  4  applicable provision have been met or an order of continuance

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

  6         Section 2.  Subsection (2) of section 985.216, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         985.216  Punishment for contempt of court; alternative

  9  sanctions.--

10         (2)  PLACEMENT IN A SECURE FACILITY.--A child may be

11  placed in a secure facility for purposes of punishment for

12  contempt of court if alternative sanctions are unavailable or

13  inappropriate, or if the child has already been ordered to

14  serve an alternative sanction but failed to comply with the

15  sanction.

16         (a)  A delinquent child who has been held in direct or

17  indirect contempt may be placed in a secure detention facility

18  not to exceed for 5 days for a first offense and not to exceed

19  or 15 days for a second or subsequent offense.

20         (b)  A child in need of services who has been held in

21  direct contempt or indirect contempt may be placed, not to

22  exceed for 5 days for a first offense and not to exceed or 15

23  days for a second or subsequent offense, in a staff-secure

24  shelter or a staff-secure residential facility solely for

25  children in need of services if such placement is available,

26  or, if such placement is not available, the child may be

27  placed in an appropriate mental health facility or substance

28  abuse facility for assessment. In addition to disposition

29  under this paragraph, a child in need of services who is held

30  in direct contempt or indirect contempt may be placed in a

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  1  physically secure facility as provided under s. 984.226 if

  2  conditions of eligibility are met.

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

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  6                          SENATE SUMMARY

  7    Provides for continued detention of a child charged with
      second-degree or third-degree felony violations of
  8    chapter 893, Florida Statutes, or any third-degree felony
      not a crime of violence when a judge determines, in a
  9    written order based upon findings of fact, that the child
      is a risk to another person or to property. Provides the
10    court with discretion in the time it may sentence a
      delinquent child or a child in need of services to
11    custody for contempt of court.

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