House Bill 0157

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    Florida House of Representatives - 2000                 HB 157

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to juvenile offenders; creating

  3         s. 985.2101, F.S.; providing for juvenile

  4         pretrial detention and release; providing

  5         legislative intent; providing for rules of

  6         procedure; providing for juvenile first

  7         appearance hearings; providing for release on

  8         nonmonetary conditions; providing for pretrial

  9         secure detention under certain circumstances;

10         providing for release from custody; providing

11         criteria and requirements; creating s.

12         985.2103, F.S.; providing for processing of

13         juvenile offenders; providing criteria and

14         requirements; providing procedures; providing

15         limitations; creating s. 985.2105, F.S.;

16         providing for postdispositional detention;

17         providing requirements; amending ss. 790.115,

18         790.22, 985.03, 985.207, 985.208, 985.209,

19         985.21, 985.219, 985.228, and 985.231, F.S., to

20         conform; providing a legislative finding;

21         requesting the Florida Supreme Court to adopt

22         rules amending the Rules of Juvenile Procedure

23         for certain purposes; repealing s. 985.211,

24         F.S., relating to release or delivery from

25         custody of children; repealing ss. 985.213,

26         985.214, and 985.215, F.S., relating to

27         detention; providing an effective date.

28

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

30

31

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  1         Section 1.  Subsection (4) of section 790.115, Florida

  2  Statutes, is amended to read:

  3         790.115  Possessing or discharging weapons or firearms

  4  at a school-sponsored event or on school property prohibited;

  5  penalties; exceptions.--

  6         (4)  Notwithstanding s. 985.2101 985.213, s. 985.2103

  7  985.214, or s. 985.2105 985.215(1), any minor under 18 years

  8  of age who is charged under this section with possessing or

  9  discharging a firearm on school property shall be detained in

10  secure detention, unless the state attorney authorizes the

11  release of the minor, and shall be given a probable cause

12  hearing within 24 hours after being taken into custody.  At

13  the hearing, the court may order that the minor continue to be

14  held in secure detention for a period of 21 days, during which

15  time the minor shall receive medical, psychiatric,

16  psychological, or substance abuse examinations pursuant to s.

17  985.224, and a written report shall be completed.

18         Section 2.  Subsections (8) and (9) of section 790.22,

19  Florida Statutes, are amended to read:

20         790.22  Use of BB guns, air or gas-operated guns, or

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

22  possession of firearms by minor under 18 prohibited;

23  penalties.--

24         (8)  Notwithstanding s. 985.2101 985.213 or s. 985.2103

25  985.215(1), if a minor under 18 years of age is charged with

26  an offense that involves the use or possession of a firearm,

27  as defined in s. 790.001, including a violation of subsection

28  (3), or is charged for any offense during the commission of

29  which the minor possessed a firearm, the minor shall be

30  detained in secure detention, unless the state attorney

31  authorizes the release of the minor, and shall be given a

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  1  hearing within 24 hours after being taken into custody. At the

  2  hearing, the court may order that the minor continue to be

  3  held in secure detention in accordance with the applicable

  4  time periods specified in ss. 985.2101 and 985.2103 s.

  5  985.215(5), if the court finds that the minor meets the

  6  criteria specified in s. 985.2101 or s. 985.2103 985.215(2),

  7  or if the court finds by clear and convincing evidence that

  8  the minor is a clear and present danger to himself or herself

  9  or the community. The Department of Juvenile Justice shall

10  prepare a form for all minors charged under this subsection

11  that states the period of detention and the relevant

12  demographic information, including, but not limited to, the

13  sex, age, and race of the minor; whether or not the minor was

14  represented by private counsel or a public defender; the

15  current offense; and the minor's complete prior record,

16  including any pending cases. The form shall be provided to the

17  judge to be considered when determining whether the minor

18  should be continued in secure detention under this subsection.

19  An order placing a minor in secure detention because the minor

20  is a clear and present danger to himself or herself or the

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

22  detention and the benefits derived by the minor or the

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

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

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

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

27  the Office of Economic and Demographic Research.

28         (9)  Notwithstanding s. 985.214, If the minor is found

29  to have committed an offense that involves the use or

30  possession of a firearm, as defined in s. 790.001, other than

31  a violation of subsection (3), or an offense during the

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  1  commission of which the minor possessed a firearm, and the

  2  minor is not committed to a residential commitment program of

  3  the Department of Juvenile Justice, in addition to any other

  4  punishment provided by law, the court shall order:

  5         (a)  For a first offense, that the minor shall serve a

  6  minimum period of detention of 15 days in a secure detention

  7  facility; and

  8         1.  Perform 100 hours of community service; and may

  9         2.  Be placed on community control or in a

10  nonresidential commitment program.

11         (b)  For a second or subsequent offense, that the minor

12  shall serve a mandatory period of detention of at least 21

13  days in a secure detention facility; and

14         1.  Perform not less than 100 nor more than 250 hours

15  of community service; and may

16         2.  Be placed on community control or in a

17  nonresidential commitment program.

18

19  The minor shall not receive credit for time served before

20  adjudication. For the purposes of this subsection, community

21  service shall be performed, if possible, in a manner involving

22  a hospital emergency room or other medical environment that

23  deals on a regular basis with trauma patients and gunshot

24  wounds.

25         (10)  If a minor is found to have committed an offense

26  under subsection (9), the court shall impose the following

27  penalties in addition to any penalty imposed under paragraph

28  (9)(a) or paragraph (9)(b):

29         (a)  For a first offense:

30         1.  If the minor is eligible by reason of age for a

31  driver license or driving privilege, the court shall direct

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  1  the Department of Highway Safety and Motor Vehicles to revoke

  2  or to withhold issuance of the minor's driver license or

  3  driving privilege for up to 1 year.

  4         2.  If the minor's driver license or driving privilege

  5  is under suspension or revocation for any reason, the court

  6  shall direct the Department of Highway Safety and Motor

  7  Vehicles to extend the period of suspension or revocation by

  8  an additional period for up to 1 year.

  9         3.  If the minor is ineligible by reason of age for a

10  driver license or driving privilege, the court shall direct

11  the Department of Highway Safety and Motor Vehicles to

12  withhold issuance of the minor's driver license or driving

13  privilege for up to 1 year after the date on which the minor

14  would otherwise have become eligible.

15         (b)  For a second or subsequent offense:

16         1.  If the minor is eligible by reason of age for a

17  driver license or driving privilege, the court shall direct

18  the Department of Highway Safety and Motor Vehicles to revoke

19  or to withhold issuance of the minor's driver license or

20  driving privilege for up to 2 years.

21         2.  If the minor's driver license or driving privilege

22  is under suspension or revocation for any reason, the court

23  shall direct the Department of Highway Safety and Motor

24  Vehicles to extend the period of suspension or revocation by

25  an additional period for up to 2 years.

26         3.  If the minor is ineligible by reason of age for a

27  driver license or driving privilege, the court shall direct

28  the Department of Highway Safety and Motor Vehicles to

29  withhold issuance of the minor's driver license or driving

30  privilege for up to 2 years after the date on which the minor

31  would otherwise have become eligible.

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  1         Section 3.  Subsection (21) of section 985.03, Florida

  2  Statutes, is amended to read:

  3         985.03  Definitions.--When used in this chapter, the

  4  term:

  5         (21)  "Detention hearing" means a hearing for the court

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

  7  as provided for under s. 985.2101, s. 985.2103, or s. 985.2105

  8  ss. 985.213 and 985.215 in delinquency cases.

  9         Section 4.  Section 985.207, Florida Statutes, is

10  amended to read:

11         985.207  Taking a child into custody.--

12         (1)  A child may be taken into custody under the

13  following circumstances:

14         (a)  Pursuant to an order of the circuit court issued

15  under this part, based upon sworn testimony, either before or

16  after a petition is filed.

17         (b)  For a delinquent act or violation of law, pursuant

18  to Florida law pertaining to a lawful arrest. If such

19  delinquent act or violation of law would be a felony if

20  committed by an adult or involves a crime of violence, the

21  arresting authority shall immediately notify the district

22  school superintendent, or the superintendent's designee, of

23  the school district with educational jurisdiction of the

24  child.  Such notification shall include other education

25  providers such as the Florida School for the Deaf and the

26  Blind, university developmental research schools, and private

27  elementary and secondary schools. The information obtained by

28  the superintendent of schools pursuant to this section must be

29  released within 48 hours after receipt to appropriate school

30  personnel, including the principal of the child's school, or

31  as otherwise provided by law. The principal must immediately

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  1  notify the child's immediate classroom teachers. Information

  2  provided by an arresting authority pursuant to this paragraph

  3  may not be placed in the student's permanent record and shall

  4  be removed from all school records no later than 9 months

  5  after the date of the arrest.

  6         (c)  For failing to appear at a court hearing after

  7  being properly noticed.

  8         (d)  By a law enforcement officer who has probable

  9  cause to believe that the child is in violation of the

10  conditions of the child's community control, home detention,

11  or aftercare supervision or has absconded from commitment.

12

13  Nothing in this subsection shall be construed to allow the

14  detention of a child who does not meet the detention criteria

15  in s. 985.215.

16         (2)  When a child is taken into custody as provided in

17  this section, the person taking the child into custody shall

18  attempt to notify the parent, guardian, or legal custodian of

19  the child.  The person taking the child into custody shall

20  continue such attempt until the parent, guardian, or legal

21  custodian of the child is notified or the child is delivered

22  to a secure detention facility, other designated secure

23  facility, or juvenile probation officer pursuant to s. 985.21,

24  whichever occurs first.  If the child is delivered to a secure

25  detention facility, other designated secure facility, or

26  juvenile probation officer before the parent, guardian, or

27  legal custodian is notified, the detention staff or juvenile

28  probation officer shall continue the attempt to notify until

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

30  notified.

31

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  1         (3)  Taking a child into custody is not an arrest

  2  except for the purpose of determining whether the taking into

  3  custody or the obtaining of any evidence in conjunction

  4  therewith is lawful.

  5         Section 5.  Subsection (1) of section 985.208, Florida

  6  Statutes, is amended to read:

  7         985.208  Detention of escapee on authority of the

  8  department.--

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

10  reasonable grounds to believe that any delinquent child

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

12  department or from being lawfully transported thereto or

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

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

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

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

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

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

19  detention hearing resulting in a finding that detention is

20  required based on the criteria in ss. 985.2101 and 985.2103 s.

21  985.215(2). The order shall state the reasons for such

22  finding. The reasons shall be reviewable by appeal or in

23  habeas corpus proceedings in the district court of appeal.

24         Section 6.  Subsection (4) of section 985.209, Florida

25  Statutes, is amended to read:

26         985.209  Juvenile assessment centers.--

27         (4)  Each center shall provide collocated central

28  intake and screening services for youth referred to the

29  department. The center shall provide sufficient services

30  needed to facilitate the initial screening of and case

31  processing for youth, including, at a minimum, delinquency

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  1  intake; positive identification of the youth; detention

  2  admission screening; needs assessment; substance abuse

  3  screening and assessments; physical and mental health

  4  screening; and diagnostic testing as appropriate. The

  5  department shall provide sufficient staff and resources at a

  6  center to provide detention screening and intake services.

  7         Section 7.  Subsection (1) of section 985.21, Florida

  8  Statutes, is amended to read:

  9         985.21  Intake and case management.--

10         (1)(a)  During the intake process, the juvenile

11  probation officer shall screen each child to determine:

12         1.  Appropriateness for release, referral to a

13  diversionary program including, but not limited to, a

14  teen-court program, referral for community arbitration, or

15  referral to some other program or agency for the purpose of

16  nonofficial or nonjudicial handling.

17         2.  The presence of medical, psychiatric,

18  psychological, substance abuse, educational problems, or other

19  conditions that may have caused the child to come to the

20  attention of law enforcement or the Department of Juvenile

21  Justice. In cases where such conditions are identified, and a

22  nonjudicial handling of the case is chosen, the juvenile

23  probation officer shall attempt to refer the child to a

24  program or agency, together with all available and relevant

25  assessment information concerning the child's precipitating

26  condition.

27         3.  The Department of Juvenile Justice shall develop an

28  intake and a case management system whereby a child brought

29  into intake is assigned a juvenile probation officer if the

30  child was not released, referred to a diversionary program,

31  referred for community arbitration, or referred to some other

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  1  program or agency for the purpose of nonofficial or

  2  nonjudicial handling, and shall make every reasonable effort

  3  to provide case management services for the child; provided,

  4  however, that case management for children committed to

  5  residential programs may be transferred as provided in s.

  6  985.316.

  7         4.  In addition to duties specified in other sections

  8  and through departmental rules, the assigned juvenile

  9  probation officer shall be responsible for the following:

10         a.  Ensuring that a risk assessment instrument

11  establishing the child's eligibility for detention has been

12  accurately completed and that the appropriate recommendation

13  was made to the court.

14         b.  Inquiring as to whether the child understands his

15  or her rights to counsel and against self-incrimination.

16         a.c.  Performing the preliminary screening and making

17  referrals for comprehensive assessment regarding the child's

18  need for substance abuse treatment services, mental health

19  services, retardation services, literacy services, or other

20  educational or treatment services.

21         b.d.  Coordinating the multidisciplinary assessment

22  when required, which includes the classification and placement

23  process that determines the child's priority needs, risk

24  classification, and treatment plan. When sufficient evidence

25  exists to warrant a comprehensive assessment and the child

26  fails to voluntarily participate in the assessment efforts, it

27  is the responsibility of the juvenile probation officer to

28  inform the court of the need for the assessment and the

29  refusal of the child to participate in such assessment. This

30  assessment, classification, and placement process shall

31  develop into the predisposition report.

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  1         c.e.  Making recommendations for services and

  2  facilitating the delivery of those services to the child,

  3  including any mental health services, educational services,

  4  family counseling services, family assistance services, and

  5  substance abuse services. The juvenile probation officer shall

  6  serve as the primary case manager for the purpose of managing,

  7  coordinating, and monitoring the services provided to the

  8  child. Each program administrator within the Department of

  9  Children and Family Services shall cooperate with the primary

10  case manager in carrying out the duties and responsibilities

11  described in this section.

12

13  The Department of Juvenile Justice shall annually advise the

14  Legislature and the Executive Office of the Governor of the

15  resources needed in order for the intake and case management

16  system to maintain a staff-to-client ratio that is consistent

17  with accepted standards and allows the necessary supervision

18  and services for each child. The intake process and case

19  management system shall provide a comprehensive approach to

20  assessing the child's needs, relative risks, and most

21  appropriate handling, and shall be based on an individualized

22  treatment plan.

23         (b)  The intake and case management system shall

24  facilitate consistency in the recommended placement of each

25  child, and in the assessment, classification, and placement

26  process, with the following purposes:

27         1.  An individualized, multidisciplinary assessment

28  process that identifies the priority needs of each individual

29  child for rehabilitation and treatment and identifies any

30  needs of the child's parents or guardians for services that

31  would enhance their ability to provide adequate support,

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  1  guidance, and supervision for the child. This process shall

  2  begin with the detention risk assessment instrument and

  3  decision, shall include the intake preliminary screening and

  4  comprehensive assessment for substance abuse treatment

  5  services, mental health services, retardation services,

  6  literacy services, and other educational and treatment

  7  services as components, additional assessment of the child's

  8  treatment needs, and classification regarding the child's

  9  risks to the community and, for a serious or habitual

10  delinquent child, shall include the assessment for placement

11  in a serious or habitual delinquent children program pursuant

12  to s. 985.31. The completed multidisciplinary assessment

13  process shall result in the predisposition report.

14         2.  A classification system that assigns a relative

15  risk to the child and the community based upon assessments

16  including the detention risk assessment results when available

17  to classify the child's risk as it relates to placement and

18  supervision alternatives.

19         3.  An admissions process that facilitates for each

20  child the utilization of the treatment plan and setting most

21  appropriate to meet the child's programmatic needs and provide

22  the minimum program security needed to ensure public safety.

23         Section 8.  Sections 985.2101, 985.2103, and 985.2105,

24  Florida Statutes, are created to read:

25         985.2101  Juvenile pretrial detention and release.--

26         (1)  LEGISLATIVE INTENT.--It is the policy of this

27  state that juveniles committing serious criminal offenses,

28  posing a threat to the safety of the community or the

29  integrity of the judicial process, or failing to appear at

30  trial be detained upon arrest. For juveniles who do not meet

31  the criteria for pretrial secure detention, the court shall

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  1  determine pretrial release pursuant to the provisions of

  2  chapters 903 and 985 and the Florida Rules of Juvenile

  3  Procedure. It is the intent of the Legislature that the

  4  primary consideration be the protection of the community from

  5  risk of physical harm to persons.

  6         (2)  RULES OF PROCEDURE.--Procedures for pretrial

  7  release determinations of juvenile offenders shall be governed

  8  by rules adopted by the Supreme Court.

  9         (3)  JUVENILE FIRST APPEARANCE HEARINGS.--Except when

10  previously released in a lawful manner, within 24 hours after

11  being arrested, a juvenile taken into custody for a criminal

12  offense shall be brought before a judicial officer, either in

13  person or by electronic audiovisual device at the discretion

14  of the court, and given a hearing.  The purpose of the hearing

15  is to determine the existence of probable cause that the child

16  has committed the delinquent act or violation of law with

17  which he or she is charged, to determine pretrial release, or,

18  if appropriate, to schedule a pretrial secure detention

19  hearing.

20         (4)  RELEASE ON NONMONETARY CONDITIONS.--It is the

21  intent of the Legislature to create a presumption in favor of

22  release on nonmonetary conditions for any juvenile who is

23  granted pretrial release.  Such juvenile shall be released on

24  monetary conditions only if it is determined that such

25  monetary conditions are necessary to ensure the presence of

26  the juvenile at trial or at other proceedings, to protect the

27  community from risk of physical harm to persons, to ensure the

28  presence of the accused at trial, or to ensure the integrity

29  of the judicial process.  Juveniles granted pretrial release

30  shall be subject to the provisions of chapter 903 in the same

31  manner as persons sui juris.

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  1         (5)  PRETRIAL SECURE DETENTION.--

  2         (a)  As used in this subsection, "dangerous crime"

  3  means any of the following:

  4         1.  Arson;

  5         2.  Aggravated assault;

  6         3.  Aggravated battery;

  7         4.  Illegal use of explosives;

  8         5.  Child abuse or aggravated child abuse;

  9         6.  Abuse of an elderly person or disabled adult, or

10  aggravated abuse of an elderly person or disabled adult;

11         7.  Hijacking;

12         8.  Kidnapping;

13         9.  Homicide;

14         10.  Manslaughter;

15         11.  Sexual battery;

16         12.  Robbery;

17         13.  Carjacking;

18         14.  Lewd, lascivious, or indecent assault or act upon

19  or in presence of a child under the age of 16 years;

20         15.  Sexual activity with a child, who is 12 years of

21  age or older but less than 18 years of age, by or at

22  solicitation of person in familial or custodial authority;

23         16.  Burglary of a dwelling;

24         17.  Stalking and aggravated stalking;

25         18.  Act of domestic violence as defined in s. 741.28;

26         19.  Attempting or conspiring to commit any such crime;

27  and

28         20.  Home-invasion robbery.

29         (b)  The court may order pretrial secure detention if

30  it finds a substantial probability, based on a juvenile's past

31

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  1  and present patterns of behavior, the criteria in s. 903.046,

  2  and any other relevant facts, that:

  3         1.  The juvenile has previously violated conditions of

  4  release and that no further conditions of release are

  5  reasonably likely to ensure the juvenile's appearance at

  6  subsequent proceedings;

  7         2.  The juvenile, with the intent to obstruct the

  8  judicial process, has threatened, intimidated, or injured any

  9  victim, potential witness, juror, or judicial officer, or has

10  attempted or conspired to do so, and that no condition of

11  release will reasonably prevent the obstruction of the

12  judicial process;

13         3.  The juvenile is charged with trafficking in

14  controlled substances as defined by s. 893.135, that there is

15  a substantial probability that the juvenile has committed the

16  offense, and that no conditions of release will reasonably

17  ensure the juvenile's appearance at subsequent criminal

18  proceedings; or

19         4.  The juvenile poses the threat of harm to the

20  community.  The court may so conclude if it finds that the

21  juvenile is presently charged with a dangerous crime, that

22  there is a substantial probability that the juvenile committed

23  such crime, that the factual circumstances of the crime

24  indicate a disregard for the safety of the community, and that

25  there are no conditions of release reasonably sufficient to

26  protect the community from the risk of physical harm to

27  persons.

28         (c)  When a juvenile charged with a crime for which

29  pretrial secure detention could be ordered is arrested, the

30  arresting agency shall promptly notify the state attorney of

31

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  1  the arrest and shall provide the state attorney with such

  2  information as the arresting agency has obtained relative to:

  3         1.  The nature and circumstances of the offense

  4  charged;

  5         2.  The nature of any physical evidence seized and the

  6  contents of any statements obtained from the juvenile or any

  7  witness;

  8         3.  The juvenile's family ties, residence, employment,

  9  financial condition, and mental condition; and

10         4.  The juvenile's past conduct and present conduct,

11  including any record of convictions, previous flight to avoid

12  prosecution, or failure to appear at court proceedings.

13         (d)  When a juvenile is arrested for a crime for which

14  pretrial secure detention could be ordered, the arresting

15  agency may commit the juvenile to a secure detention facility

16  or other secure facility designated by the Secretary of

17  Juvenile Justice.  The juvenile may be securely detained by

18  the Department of Juvenile Justice at such facility for a

19  period not to exceed 24 hours, unless the state attorney files

20  a motion seeking pretrial secure detention.  If the state

21  attorney files a motion seeking pretrial secure detention, the

22  juvenile may be securely detained pending the pretrial secure

23  detention hearing.

24         (e)  The court shall order secure detention only after

25  a pretrial secure detention hearing.  The hearing shall be

26  held within 5 days after the filing by the state attorney of a

27  complaint to seek pretrial secure detention.  The juvenile may

28  request a continuance.  No continuance shall be for longer

29  than 5 days unless there are extenuating circumstances. The

30  state attorney shall be entitled to one continuance for good

31  cause.

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  1         (f)  The state attorney has the burden of showing the

  2  need for pretrial secure detention.

  3         (g)  The juvenile is entitled to be represented by

  4  counsel, to present witnesses and evidence, and to

  5  cross-examine witnesses.  The court may admit relevant

  6  evidence without complying with the rules of evidence, but

  7  evidence secured in violation of the United States

  8  Constitution or the Constitution of the State of Florida shall

  9  not be admissible.  No testimony by the juvenile shall be

10  admissible to prove guilt at any other judicial proceeding,

11  but such testimony may be admitted in an action for perjury,

12  based upon the juvenile's statements made at the pretrial

13  secure detention hearing, or for impeachment.

14         (h)  The pretrial secure detention order of the court

15  shall be based solely upon evidence produced at the hearing

16  and shall contain findings of fact and conclusions of law to

17  support it.  The order shall be made either in writing or

18  orally on the record. The court shall render its findings

19  within 24 hours after the pretrial secure detention hearing.

20         (i)  If ordered securely detained pending trial

21  pursuant to subparagraph (b)4., the juvenile may not be held

22  for more than 90 days.  Failure of the state to bring the

23  juvenile to trial within that time shall result in the

24  juvenile's release from detention, subject to any conditions

25  of release, unless the trial delay was requested or caused by

26  the juvenile or his or her counsel.

27         (j)  The juvenile shall be entitled to dissolution of

28  the pretrial secure detention order whenever the court finds

29  that a subsequent event has eliminated the basis for secure

30  detention.

31

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  1         (k)  An order for secure detention shall be a final

  2  order, reviewable by appeal pursuant to s. 985.234 and the

  3  Florida Rules of Appellate Procedure. Appeals of such orders

  4  shall take precedence over other appeals and other pending

  5  matters.

  6         (6)  RELEASE FROM CUSTODY.--A court ordering a juvenile

  7  to be placed on pretrial release may order the juvenile

  8  released from custody as follows:

  9         (a)  To the juvenile's parent, guardian, or legal

10  custodian or, if the juvenile's parent, guardian, or legal

11  custodian is unavailable, unwilling, or unable to provide

12  supervision for the juvenile, to any responsible adult. Prior

13  to releasing the juvenile to a responsible adult, other than

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

15  the juvenile into custody may conduct a criminal history

16  background check of the person to whom the juvenile is to be

17  released. If the person has a prior felony conviction, or a

18  conviction for child abuse, drug trafficking, or prostitution,

19  that person is not a responsible adult for the purposes of

20  this section. The person to whom the juvenile is released

21  shall agree to inform the department or the person releasing

22  the juvenile of the juvenile's subsequent change of address

23  and to produce the juvenile in court at such time as the court

24  may direct, and the juvenile shall join in the agreement.

25         (b)  Contingent upon specific appropriation, to a

26  shelter approved by the department or to an authorized agent

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

28         (c)  If the juvenile is believed to be suffering from a

29  serious physical condition which requires either prompt

30  diagnosis or prompt treatment, to a juvenile probation officer

31

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  1  who shall deliver the juvenile to a hospital for necessary

  2  evaluation and treatment.

  3         (d)  If the juvenile is believed to be mentally ill as

  4  defined in s. 394.463(1), to a juvenile probation officer who

  5  shall take the juvenile to a designated public receiving

  6  facility as defined in s. 394.455 for examination pursuant to

  7  the provisions of s. 394.463.

  8         (e)  If the juvenile appears to be intoxicated and has

  9  threatened, attempted, or inflicted physical harm on himself

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

11  to a juvenile probation officer who shall deliver the juvenile

12  to a hospital, addictions receiving facility, or treatment

13  resource.

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

15  equipped and staffed to assume custody of the juvenile for the

16  purpose of assessing the needs of the juvenile in custody. The

17  center may then release or deliver the juvenile pursuant to

18  this section with a copy of the assessment.

19

20  Nothing in this subsection shall be construed to limit the

21  authority of the court to order a juvenile on pretrial release

22  to be released from custody in any other lawful manner or with

23  any conditions the court deems appropriate.

24         985.2103  Processing of juvenile offenders.--

25         (1)  When a juvenile is arrested and taken into custody

26  by a law enforcement officer for a criminal offense, the

27  arresting agency may commit the juvenile to a secure detention

28  facility or other secure facility designated by the Secretary

29  of Juvenile Justice.

30         (2)  Upon delivery of the juvenile to a secure

31  detention facility or other secure facility, the person taking

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  1  the juvenile into custody shall make a written report or

  2  probable cause affidavit to the appropriate juvenile probation

  3  officer. Such written report or probable cause affidavit must:

  4         (a)  Identify the juvenile and, if known, the parents,

  5  guardian, or legal custodian.

  6         (b)  Establish that the juvenile was legally taken into

  7  custody, with sufficient information to establish the

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

  9  that the juvenile has committed a violation of law.

10         (3)  Upon taking a juvenile into custody, a law

11  enforcement officer may deliver the juvenile, for temporary

12  custody not to exceed 6 hours, to a secure booking area of a

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

14  adults, for the purpose of fingerprinting or photographing the

15  juvenile or awaiting appropriate transport to the department

16  or as provided in subsection (1), provided no regular sight

17  and sound contact between the juvenile and adult inmates or

18  trustees is permitted and the receiving facility has adequate

19  staff to supervise and monitor the juvenile's activities at

20  all times.

21         (4)  The juvenile may be securely detained by the

22  Department of Juvenile Justice at a secure detention facility,

23  or other designated secure facility for a period not to exceed

24  24 hours, unless the state attorney files a notice of intent

25  to seek pretrial secure detention.  If the state attorney

26  files a notice of intent to seek pretrial secure detention,

27  the juvenile may be securely detained pending the pretrial

28  secure detention hearing.

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

30  detention, detention staff shall provide appropriate

31

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  1  monitoring and supervision to ensure the safety of other

  2  juveniles 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         (6)  A law enforcement officer who releases a juvenile

  9  from custody for a criminal offense shall make a written

10  report or probable cause affidavit to the appropriate juvenile

11  probation officer within 3 days, stating the facts and the

12  reason for taking the juvenile into custody. Such written

13  report or probable cause affidavit shall:

14         (a)  Identify the juvenile, the parents, guardian, or

15  legal custodian, and the person to whom the juvenile was

16  released.

17         (b)  Contain sufficient information to establish the

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

19  that the juvenile has committed a criminal offense.

20         (7)(a)  A copy of the probable cause affidavit or

21  written report by a law enforcement agency shall be filed, by

22  the law enforcement agency making such affidavit or written

23  report, with the clerk of the circuit court for the county in

24  which the juvenile is taken into custody or in which the

25  affidavit or report is made within 24 hours after the juvenile

26  is taken into custody and detained, within 1 week after the

27  juvenile is taken into custody and released, or within 1 week

28  after the affidavit or report is made, excluding Saturdays,

29  Sundays, and legal holidays.  Such affidavit or report is a

30  case for the purpose of assigning a uniform case number

31  pursuant to this subsection.

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

  2  affidavit or written report by a law enforcement agency with

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

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

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

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

  7  which the case arose.

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

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

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

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

12  issuing agency.  The issuing agency shall furnish copies to

13  the juvenile probation officer and the state attorney.

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

15  allegations of a previously filed probable cause affidavit or

16  written report, the agency filing the petition shall include

17  the appropriate uniform case number on the petition.

18         (8)  Nothing in this section shall prohibit the proper

19  use of law enforcement diversion programs.  Law enforcement

20  agencies may initiate and conduct diversion programs designed

21  to divert a juvenile from the need for department custody or

22  judicial handling.  Such programs may be cooperative projects

23  with local community service agencies.

24         (9)  Under no circumstances shall the juvenile

25  probation officer or the state attorney or law enforcement

26  officer authorize the detention of any juvenile in a jail or

27  other facility intended or used for the detention of adults,

28  without an order of the court.

29         (10)  Except in emergency situations, a juvenile may

30  not be placed into or transported in any police car or similar

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

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

  2  same offense or transaction as the juvenile.

  3         (11)  The court shall order the delivery of a juvenile

  4  to a jail or other facility intended or used for the detention

  5  of adults:

  6         (a)  When the juvenile has been transferred or indicted

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

  8  except that the court may not order or allow a juvenile

  9  alleged to have committed a misdemeanor who is being

10  transferred for criminal prosecution pursuant to either s.

11  985.226 or s. 985.227 to be detained or held in a jail or

12  other facility intended or used for the detention of adults;

13  however, such juvenile may be held temporarily in a detention

14  facility; or

15         (b)  When a juvenile taken into custody in this state

16  is wanted by another jurisdiction for prosecution as an adult.

17

18  The juvenile shall be housed separately from adult inmates to

19  prohibit a juvenile from having regular contact with

20  incarcerated adults, including trustees. "Regular contact"

21  means sight and sound contact. Separation of juveniles from

22  adults shall permit no more than haphazard or accidental

23  contact. The receiving jail or other facility shall contain a

24  separate section for juveniles and shall have an adequate

25  staff to supervise and monitor the juvenile's activities at

26  all times. Supervision and monitoring of juveniles includes

27  physical observation and documented checks by jail or

28  receiving facility supervisory personnel at intervals not to

29  exceed 15 minutes. This paragraph does not prohibit placing

30  two or more juveniles in the same cell. Under no circumstances

31  shall a juvenile be placed in the same cell with an adult.

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  1         985.2105  Postdispositional detention.--

  2         (1)  When a juvenile is committed to the Department of

  3  Juvenile Justice awaiting dispositional placement, removal of

  4  the juvenile from detention care shall occur within 5 days,

  5  excluding Saturdays, Sundays, and legal holidays. If the

  6  juvenile is committed to a moderate-risk residential program,

  7  the department may seek an order from the court authorizing

  8  continued detention for a specific period of time necessary

  9  for the appropriate residential placement of the juvenile.

10  However, such continued detention in secure detention care may

11  not exceed 15 days after commitment, excluding Saturdays,

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

13  in this subsection.

14         (2)  If the juvenile is committed to a high-risk

15  residential program, the juvenile must be held in detention

16  care or in a juvenile assignment center pursuant to s. 985.307

17  until placement or commitment is accomplished.

18         (3)  If the juvenile is committed to a maximum-risk

19  residential program, the juvenile must be held in detention

20  care or in an assignment center pursuant to s. 985.307 until

21  placement or commitment is accomplished.

22         Section 9.  Subsection (5) of section 985.219, Florida

23  Statutes, is amended to read:

24         985.219  Process and service.--

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

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

27  deems it advisable to do so, pursuant to the criteria of ss.

28  985.2101 and 985.2103 s. 985.215, the judge may, by

29  endorsement upon the summons and after the entry of an order

30  in which valid reasons are specified, order the child to be

31  taken into custody immediately, and in such case the person

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  1  serving the summons shall immediately take the child into

  2  custody.

  3         Section 10.  Subsection (1) of section 985.228, Florida

  4  Statutes, is amended to read:

  5         985.228  Adjudicatory hearings; withheld adjudications;

  6  orders of adjudication.--

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

  8  practicable after the petition alleging that a child has

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

10  accordance with the Florida Rules of Juvenile Procedure; but

11  reasonable delay for the purpose of investigation, discovery,

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

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

14  s. 985.2101 or s. 985.2103 985.215(5)(b) and (c) apply.

15         Section 11.  Paragraph (a) of subsection (1) of section

16  985.231, Florida Statutes, is amended to read:

17         985.231  Powers of disposition in delinquency cases.--

18         (1)

19         (a)  The court that has jurisdiction of an adjudicated

20  delinquent child may, by an order stating the facts upon which

21  a determination of a sanction and rehabilitative program was

22  made at the disposition hearing:

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

24  postcommitment community control program under the supervision

25  of an authorized agent of the Department of Juvenile Justice

26  or of any other person or agency specifically authorized and

27  appointed by the court, whether in the child's own home, in

28  the home of a relative of the child, or in some other suitable

29  place under such reasonable conditions as the court may

30  direct. A community control program for an adjudicated

31  delinquent child must include a penalty component such as

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  1  restitution in money or in kind, community service, a curfew,

  2  revocation or suspension of the driver's license of the child,

  3  or other nonresidential punishment appropriate to the offense

  4  and must also include a rehabilitative program component such

  5  as a requirement of participation in substance abuse treatment

  6  or in school or other educational program. Upon the

  7  recommendation of the department at the time of disposition,

  8  or subsequent to disposition pursuant to the filing of a

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

10  community control or aftercare supervision, the court may

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

12  detecting and monitoring the use of alcohol or controlled

13  substances.

14         a.  A restrictiveness level classification scale for

15  levels of supervision shall be provided by the department,

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

17  community control supervision requirements to reasonably

18  ensure the public safety. Community control programs for

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

20  person or agency specifically authorized by the court. These

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

22  restricted activities as described in this subparagraph, and

23  shall be designed to encourage the child toward acceptable and

24  functional social behavior. If supervision or a program of

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

26  such supervision or program must be consistent with any

27  treatment and rehabilitation needs identified for the child

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

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

30  that the duration of such supervision or program for an

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

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

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

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

  4  the child and the parent or guardian could reasonably be

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

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

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

  8         b.  The court may conduct judicial review hearings for

  9  a child placed on community control for the purpose of

10  fostering accountability to the judge and compliance with

11  other requirements, such as restitution and community service.

12  The court may allow early termination of community control for

13  a child who has substantially complied with the terms and

14  conditions of community control.

15         c.  If the conditions of the community control program

16  or the postcommitment community control program are violated,

17  the department or the state attorney may bring the child

18  before the court on a petition alleging a violation of the

19  program. Any child who violates the conditions of community

20  control or postcommitment community control must be brought

21  before the court if sanctions are sought. A child taken into

22  custody under s. 985.207 for violating the conditions of

23  community control or postcommitment community control shall be

24  held in a consequence unit if such a unit is available. The

25  child shall be afforded a hearing within 24 hours after being

26  taken into custody to determine the existence of probable

27  cause that the child violated the conditions of community

28  control or postcommitment community control. A consequence

29  unit is a secure facility specifically designated by the

30  department for children who are taken into custody under s.

31  985.207 for violating community control or postcommitment

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  1  community control, or who have been found by the court to have

  2  violated the conditions of community control or postcommitment

  3  community control. If the violation involves a new charge of

  4  delinquency, the child may be detained under s. 985.2101

  5  985.215 in a facility other than a consequence unit. If the

  6  child is not eligible for detention for the new charge of

  7  delinquency, the child may be held in the consequence unit

  8  pending a hearing and is subject to the time limitations

  9  specified in ss. 985.2101 and 985.2103 s. 985.215. If the

10  child denies violating the conditions of community control or

11  postcommitment community control, the court shall appoint

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

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

14  that the child has violated the conditions of community

15  control or postcommitment community control, the court shall

16  enter an order revoking, modifying, or continuing community

17  control or postcommitment community control. In each such

18  case, the court shall enter a new disposition order and, in

19  addition to the sanctions set forth in this paragraph, may

20  impose any sanction the court could have imposed at the

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

22  violated the conditions of community control or postcommitment

23  community control, the court may:

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

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

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

27  violation.

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

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

30  residential consequence unit is not available.

31

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

  2  program or postcommitment community control program.

  3         (IV)  Revoke community control or postcommitment

  4  community control and commit the child to the department.

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

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

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

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

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

10  motion.

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

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

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

14  center or facility or shelter.

15         3.  Commit the child to the Department of Juvenile

16  Justice at a restrictiveness level defined in s. 985.03. Such

17  commitment must be for the purpose of exercising active

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

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

20  the child and release of the child into the community in a

21  postcommitment nonresidential aftercare program. If the child

22  is not successful in the aftercare program, the department may

23  use the transfer procedure under s. 985.404. Notwithstanding

24  s. 743.07 and paragraph (d), and except as provided in s.

25  985.31, the term of the commitment must be until the child is

26  discharged by the department or until he or she reaches the

27  age of 21.

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

29  child.

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

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

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  1  child, to render community service in a public service

  2  program.

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

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

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

  6  sanctions ordered by the court at the disposition hearing or

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

  8  make restitution in money, through a promissory note cosigned

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

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

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

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

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

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

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

16  by the clerk as a result of receiving and dispensing

17  restitution payments. The clerk shall notify the court if

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

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

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

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

22  efforts to prevent the child from engaging in delinquent acts

23  absolves the parent or guardian of liability for restitution

24  under this subparagraph.

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

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

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

28  an alternative to monetary restitution or as part of the

29  rehabilitative or community control program.

30         8.  Commit the child to the Department of Juvenile

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

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

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

  3  habitual juvenile offenders must be for an indeterminate

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

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

  6  The court may retain jurisdiction over such child until the

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

  8  the child completing the program.

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

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

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

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

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

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

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

16  shall determine a reasonable amount or manner of restitution,

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

18  provided in subparagraph 6.

19         10.  Subject to specific appropriation, commit the

20  juvenile sexual offender to the Department of Juvenile Justice

21  for placement in a program or facility for juvenile sexual

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

23  juvenile sexual offender to a program or facility for juvenile

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

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

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

27  retain jurisdiction over a juvenile sexual offender until the

28  juvenile sexual offender reaches the age of 21, specifically

29  for the purpose of completing the program.

30         Section 12.  The Legislature finds that under the

31  provisions of this act Rules 8.010, 8.013, and 8.015, Rules of

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  1  Juvenile Procedure, as such rules pertain to juvenile

  2  detention and release, no longer apply. Accordingly, the

  3  Legislature requests the Supreme Court, pursuant to the

  4  authority vested in the court by s. 2(a), Art. V of the State

  5  Constitution, to adopt rules amending the Rules of Juvenile

  6  Procedure as necessary to comply or be consistent with the

  7  provisions of this act.

  8         Section 13.  Sections 985.211, 985.213, 985.214, and

  9  985.215, Florida Statutes, are repealed.

10         Section 14.  This act shall take effect October 1,

11  2000.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Replaces current law provisions for juveniles relating to
16    release or delivery from custody, uses of detention,
      prohibited uses of detention, and detention with
17    provisions for juvenile pretrial detention and release
      similar to adult pretrial detention and release, secure
18    detention, processing juvenile offenders, and
      postdispositional detention. See bill for details.
19

20

21

22

23

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