Senate Bill 0692

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    Florida Senate - 2000                                   SB 692

    By Senator Campbell





    33-347-00

  1                      A bill to be entitled

  2         An act relating to juvenile detention; amending

  3         s. 985.211, F.S.; revising the time periods

  4         within which a person who takes a juvenile into

  5         custody is required to file reports or probable

  6         cause affidavits with the juvenile probation

  7         officer and the clerk of the court; creating a

  8         workgroup to study the effectiveness of the

  9         risk-assessment instrument developed by the

10         Department of Juvenile Justice and used to

11         determine the placement of juveniles into

12         detention; providing for a report; requiring

13         that the department commission an independent

14         evaluation of the instrument, subject to a

15         specific appropriation; amending s. 985.213,

16         F.S.; providing for future repeal of provisions

17         relating to creation and use of the

18         risk-assessment instrument; amending s.

19         985.215, F.S.; requiring an arresting law

20         enforcement agency to present certain

21         information to the state attorney's office

22         after a juvenile is placed into secure

23         detention; increasing the period during which a

24         juvenile charged with an offense of certain

25         severity may be held in detention prior to an

26         adjudicatory hearing; amending s. 985.228,

27         F.S., relating to adjudicatory hearings;

28         conforming a cross-reference to changes made by

29         the act; providing an effective date.

30

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

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    Florida Senate - 2000                                   SB 692
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  1         Section 1.  Subsections (3) and (6) of section 985.211,

  2  Florida Statutes, are amended to read:

  3         985.211  Release or delivery from custody.--

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

  5  child into custody shall make a written report or probable

  6  cause affidavit to the appropriate juvenile probation officer

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

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

  9  written report or probable cause affidavit must shall:

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

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

12  released.

13         (b)  Contain sufficient information to establish the

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

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

16  delinquent act.

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

18  written report made by the person taking the child into

19  custody must a law enforcement agency shall be filed, by the

20  law enforcement agency that employs the person making such

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

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

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

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

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

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

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

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

29  number pursuant to this subsection.

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

31  affidavit or written report by a law enforcement agency with

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    Florida Senate - 2000                                   SB 692
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  1  the clerk of the circuit court, the clerk shall immediately

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

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

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

  5  which the case arose.

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

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

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

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

10  issuing agency.  The issuing agency shall furnish copies to

11  the juvenile probation officer and the state attorney.

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

13  allegations of a previously filed probable cause affidavit or

14  written report, the agency filing the petition shall include

15  the appropriate uniform case number on the petition.

16         Section 2.  A risk-assessment workgroup is established,

17  to be composed of nine members. Members must have direct

18  experience and a strong interest in juvenile justice issues.

19  Composition of the workgroup shall be as follows: a public

20  defender, a state attorney, and a sheriff appointed by their

21  respective professional associations; a representative of the

22  Department of Juvenile Justice, a chairperson of a local

23  juvenile justice board or county council, and a child advocate

24  appointed by the Secretary of Juvenile Justice; a juvenile

25  judge appointed by the Conference of Circuit Court Judges; a

26  member of the Senate appointed by the President of the Senate;

27  and a member of the House of Representatives appointed by the

28  Speaker of the House of Representatives. The workgroup shall

29  review the effectiveness of the risk-assessment instrument

30  developed under section 985.213(2)(b)1., Florida Statutes, and

31  shall make recommendations to keep, revise, or eliminate the

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  1  instrument, based upon its findings. The workgroup shall

  2  report to the Governor, the President of the Senate, and the

  3  Speaker of the House of Representatives regarding these

  4  findings by January 15, 2001. Subject to a specific

  5  appropriation, the Department of Juvenile Justice shall

  6  commission an independent evaluation to validate the

  7  risk-assessment instrument developed under section

  8  985.213(2)(b)1., Florida Statutes, and shall make an objective

  9  report to the workgroup and the Legislature.

10         Section 3.  Subsection (2) of section 985.213, Florida

11  Statutes, is amended to read:

12         985.213  Use of detention.--

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

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

15  requirements and criteria provided in this part and shall be

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

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

18  This paragraph expires October 1, 2001.

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

20  care placement determinations and orders shall be developed by

21  the Department of Juvenile Justice in agreement with

22  representatives appointed by the following associations: the

23  Conference of Circuit Judges of Florida, the Prosecuting

24  Attorneys Association, and the Public Defenders Association.

25  Each association shall appoint two individuals, one

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

27  The parties involved shall evaluate and revise the risk

28  assessment instrument as is considered necessary using the

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

30  assessment instrument shall take into consideration, but need

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

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  1  offenses, offenses committed pending adjudication, any

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

  3  possession of a stolen motor vehicle, and community control

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

  5  assessment instrument shall also take into consideration

  6  appropriate aggravating and mitigating circumstances, and

  7  shall be designed to target a narrower population of children

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

  9  include any information concerning the child's history of

10  abuse and neglect. The risk assessment shall indicate whether

11  detention care is warranted, and, if detention care is

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

13  nonsecure, or home detention care. This subparagraph expires

14  October 1, 2001.

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

16  material error in the scoring of the risk assessment

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

18  accuracy. This subparagraph expires October 1, 2001.

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

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

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

22  the court makes specific written findings that:

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

24  charged with committing caused physical injury to the victim;

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

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

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

28

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

30  subparagraph for more than 48 hours unless ordered by the

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

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  1  state attorney or victim requests that secure detention be

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

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

  4  secure detention is necessary to protect the victim from

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

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

  7         Section 4.  Subsection (5) of section 985.215, Florida

  8  Statutes, is amended to read:

  9         985.215  Detention.--

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

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

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

13  order includes specific instructions that direct the release

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

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

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

17  Appellate Procedure.  Appeals of such orders shall take

18  precedence over other appeals and other pending matters.

19         (b)  The arresting law enforcement agency shall

20  complete and present its investigation of an offense under

21  this subsection to the appropriate state attorney's office

22  within 14 days after placement of the child in secure

23  detention. The investigation must include, but need not be

24  limited to, police reports and supplemental police reports,

25  witness statements, and evidence-collection documents.

26         (c)(b)  Except as provided in paragraph (g), a child

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

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

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

30  court.

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

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

  3  entry of an order of adjudication.

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

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

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

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

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

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

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

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

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

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

14         (f)  The Legislature recognizes the benefits of

15  resolving cases promptly and encourages disposition of cases

16  within detention time limits whenever possible.

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

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

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

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

21  which involves violence against an individual.

22         Section 5.  Subsection (1) of section 985.228, Florida

23  Statutes, is amended to read:

24         985.228  Adjudicatory hearings; withheld adjudications;

25  orders of adjudication.--

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

27  practicable after the petition alleging that a child has

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

29  accordance with the Florida Rules of Juvenile Procedure; but

30  reasonable delay for the purpose of investigation, discovery,

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

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

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

  3         Section 6.  This act shall take effect October 1, 2000.

  4

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  6                          SENATE SUMMARY

  7    Requires that a probable cause affidavit or written
      report be made within 24 hours after taking a juvenile
  8    into custody and that a copy of the affidavit or report
      be filed with the clerk of the circuit court within 24
  9    hours after being made. Creates a workgroup to review the
      effectiveness of the risk-assessment instrument developed
10    by the Department of Juvenile Justice. Requires that the
      arresting law enforcement agency file its investigation
11    report with the state attorney within 14 days after a
      juvenile is placed in secure detention. Provides for
12    holding a juvenile in detention for up to 30 days prior
      to an adjudicatory hearing if the juvenile is charged
13    with a capital felony, a life felony, a first-degree
      felony, or a second-degree felony that involves violence.
14    (See bill for details.)

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