House Bill 0911c1
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Florida House of Representatives - 2000 CS/HB's 911 & 487
By the Committee on Juvenile Justice and Representatives
Patterson, Rayson, Merchant, Frankel, Farkas, Ryan, Murman,
Ball, Ritchie, Bainter, Lawson, Barreiro, Fiorentino,
Prieguez, C. Green, Hafner, Tullis and Suarez
1 A bill to be entitled
2 An act relating to juvenile justice; amending
3 s. 784.075, F.S., relating to third degree
4 felony penalty for battery on a juvenile
5 probation officer; conforming cross references;
6 amending s. 984.225, F.S.; revising
7 requirements for placement of a child in a
8 staff-secure shelter; amending s. 985.201,
9 F.S.; extending court jurisdiction over certain
10 children for certain purposes; extending court
11 jurisdiction over juveniles released from a
12 commitment program prior to age 21; amending s.
13 985.207, F.S.; authorizing agents of the
14 Department of Juvenile Justice to take a child
15 into custody under certain circumstances;
16 amending s. 985.211, F.S.; requiring a probable
17 cause affidavit or written report to be made
18 within a time certain; requiring such affidavit
19 or report to be filed with the clerk of the
20 circuit court within a time certain; amending
21 s. 985.213, F.S.; revising provisions relating
22 to the risk assessment workgroup; revising
23 provisions relating to the risk assessment
24 instrument for purposes of detention care
25 placement; amending s. 985.215, F.S.;
26 authorizing detention of a child for failure to
27 appear at certain court hearings; requiring law
28 enforcement agencies to complete and present
29 certain investigations to a state attorney
30 within a time certain; providing for increased
31 holding times for children charged with
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1 offenses of certain severity; deleting
2 references to assignment centers; amending s.
3 985.216, F.S.; prescribing punishment for
4 contempt of court by a delinquent child or a
5 child in need of services; amending s. 985.219,
6 F.S.; requiring law enforcement agencies to act
7 upon subpoenas and serve process within a
8 certain time; amending s. 985.231, F.S., to
9 conform; amending s. 985.233, F.S.; revising
10 conditions under which adult sanctions may be
11 imposed; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 784.075, Florida Statutes, is
16 amended to read:
17 784.075 Battery on detention or commitment facility
18 staff or a juvenile probation officer.--A person who commits a
19 battery on a juvenile probation officer, as defined in s.
20 984.03 or s. 985.03, on other staff of a detention center or
21 facility as defined in s. 984.03(19) or s. 985.03(20), or on a
22 staff member of a commitment facility as defined in s.
23 985.03(47), commits a felony of the third degree, punishable
24 as provided in s. 775.082, s. 775.083, or s. 775.084. For
25 purposes of this section, a staff member of the facilities
26 listed includes persons employed by the Department of Juvenile
27 Justice, persons employed at facilities licensed by the
28 Department of Juvenile Justice, and persons employed at
29 facilities operated under a contract with the Department of
30 Juvenile Justice.
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2
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1 Section 2. Subsections (2) through (7) of section
2 984.225, Florida Statutes, are renumbered as subsections (3)
3 through (8), respectively, and subsection (1) of said section
4 is amended to read:
5 984.225 Powers of disposition; placement in a
6 staff-secure shelter.--
7 (1) Subject to specific legislative appropriation, the
8 court may order that a child adjudicated as a child in need of
9 services be placed for up to 90 days in a staff-secure shelter
10 if:
11 (a) The child's parent, guardian, or legal custodian
12 refuses to provide food, clothing, shelter, and necessary
13 parental support for the child and the refusal is a direct
14 result of an established pattern of significant disruptive
15 behavior of the child in the home of the parent, guardian, or
16 legal custodian; or
17 (b) The child refuses to remain under the reasonable
18 care and custody of his or her parent, guardian, or legal
19 custodian, as evidenced by repeatedly running away and failing
20 to comply with a court order; or from home. The court may not
21 order that a child be placed in a staff-secure facility
22 unless:
23 (c)1. The child has failed to successfully complete an
24 alternative treatment program or to comply with a
25 court-ordered sanction; and
26 2. the child has been placed in a residential program
27 on at least one prior occasion pursuant to a court order under
28 this chapter.
29 (2) This section subsection applies after other
30 alternative, less-restrictive remedies have been exhausted.
31 The court may order that a child be placed in a staff-secure
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1 shelter. The department, or an authorized representative of
2 the department, must verify to the court that a bed is
3 available for the child. If the department or an authorized
4 representative of the department verifies that a bed is not
5 available, the court shall stay the placement until a bed is
6 available. The department will place the child's name on a
7 waiting list. The child who has been on the waiting list the
8 longest will get the next available bed.
9 Section 3. Paragraph (b) of subsection (4) of section
10 985.201, Florida Statutes, is amended to read:
11 985.201 Jurisdiction.--
12 (4)
13 (b)1. The court may retain jurisdiction over a child
14 committed to the department for placement in a high-risk or
15 maximum-risk residential commitment program to allow the child
16 to participate in a juvenile conditional release program
17 pursuant to s. 985.316. In no case shall the jurisdiction of
18 the court be retained beyond the child's 22nd birthday.
19 However, if the child is not successful in the conditional
20 release program, the department may use the transfer procedure
21 under s. 985.404.
22 2. The court may retain jurisdiction over a child
23 committed to the department for placement in an intensive
24 residential treatment program for 10-year-old to 13-year-old
25 offenders, in the residential commitment program in a juvenile
26 prison, in a residential sex offender program, or in a program
27 for serious or habitual juvenile offenders as provided in s.
28 985.311 or s. 985.31 until the child reaches the age of 21. If
29 the court exercises this jurisdiction retention, it shall do
30 so solely for the purpose of the child completing the
31 intensive residential treatment program for 10-year-old to
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1 13-year-old offenders, in the residential commitment program
2 in a juvenile prison, in a residential sex offender program,
3 or the program for serious or habitual juvenile offenders.
4 Such jurisdiction retention does not apply for other programs,
5 other purposes, or new offenses.
6 Section 4. Paragraphs (c) and (d) of subsection (1) of
7 section 985.207, Florida Statutes, are amended to read:
8 985.207 Taking a child into custody.--
9 (1) A child may be taken into custody under the
10 following circumstances:
11 (c) By a law enforcement officer or an authorized
12 agent of the department for failing to appear at a court
13 hearing after being properly noticed.
14 (d) By a law enforcement officer or an authorized
15 agent of the department who has probable cause to believe that
16 the child is in violation of the conditions of the child's
17 community control, home detention, postcommitment community
18 control, or aftercare supervision or has absconded from
19 commitment.
20
21 Nothing in this subsection shall be construed to allow the
22 detention of a child who does not meet the detention criteria
23 in s. 985.215.
24 Section 5. Subsection (3) and paragraph (a) of
25 subsection (6) of section 985.211, Florida Statutes, are
26 amended to read:
27 985.211 Release or delivery from custody.--
28 (3) If the child is released, the person taking the
29 child into custody shall make a written report or probable
30 cause affidavit to the appropriate juvenile probation officer
31 within 24 hours after such release 3 days, stating the facts
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1 and the reason for taking the child into custody. Such
2 written report or probable cause affidavit shall:
3 (a) Identify the child, the parents, guardian, or
4 legal custodian, and the person to whom the child was
5 released.
6 (b) Contain sufficient information to establish the
7 jurisdiction of the court and to make a prima facie showing
8 that the child has committed a violation of law or a
9 delinquent act.
10 (6)(a) A copy of the probable cause affidavit or
11 written report made by the person taking the child into
12 custody a law enforcement agency shall be filed, by the law
13 enforcement agency which employs the person making such
14 affidavit or written report, with the clerk of the circuit
15 court for the county in which the child is taken into custody
16 or in which the affidavit or report is made within 24 hours
17 after the child is taken into custody and detained, within 1
18 week after the child is taken into custody and released, or
19 within 1 week after the affidavit or report is made, excluding
20 Saturdays, Sundays, and legal holidays. Such affidavit or
21 report is a case for the purpose of assigning a uniform case
22 number pursuant to this subsection.
23 Section 6. Paragraph (b) of subsection (2) of section
24 985.213, Florida Statutes, is amended to read:
25 985.213 Use of detention.--
26 (2)(b)1. The risk assessment instrument for detention
27 care placement determinations and orders shall be developed by
28 the Department of Juvenile Justice in agreement with
29 representatives appointed by the following associations: the
30 Conference of Circuit Judges of Florida, the Prosecuting
31 Attorneys Association, and the Public Defenders Association,
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1 the Florida Sheriffs Association, and the Florida Association
2 of Chiefs of Police. Each association shall appoint two
3 individuals, one representing an urban area and one
4 representing a rural area. The parties involved shall
5 evaluate and revise the risk assessment instrument as is
6 considered necessary using the method for revision as agreed
7 by the parties. The risk assessment instrument shall take into
8 consideration, but need not be limited to, prior history of
9 failure to appear, prior offenses, offenses committed pending
10 adjudication, any unlawful possession of a firearm, theft of a
11 motor vehicle or possession of a stolen motor vehicle, and
12 community control status at the time the child is taken into
13 custody. The risk assessment instrument shall also take into
14 consideration appropriate aggravating and mitigating
15 circumstances, and shall be designed to target a narrower
16 population of children than s. 985.215(2). The risk assessment
17 instrument shall also include any information concerning the
18 child's history of abuse and neglect. The risk assessment
19 shall indicate whether detention care is warranted, and, if
20 detention care is warranted, whether the child should be
21 placed into secure, nonsecure, or home detention care.
22 2. If, at the detention hearing, the court finds a
23 material error in the scoring of the risk assessment
24 instrument, the court may amend the score to reflect factual
25 accuracy.
26 3. A child who is charged with committing an offense
27 of domestic violence as defined in s. 741.28(1) and who does
28 not meet detention criteria may be held in secure detention if
29 the court makes specific written findings that:
30 a. The offense of domestic violence which the child is
31 charged with committing caused physical injury to the victim;
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1 a.b. Respite care for the child is not available; and
2 b.c. It is necessary to place the child in secure
3 detention in order to protect the victim from further injury.
4
5 The child may not be held in secure detention under this
6 subparagraph for more than 48 hours unless ordered by the
7 court. After 48 hours, the court shall hold a hearing if the
8 state attorney or victim requests that secure detention be
9 continued. The child may continue to be held in secure
10 detention care if the court makes a specific, written finding
11 that secure detention care is necessary to protect the victim
12 from further injury. However, the child may not be held in
13 secure detention care beyond the time limits set forth in s.
14 985.215.
15 4. For a child who is currently under the supervision
16 of the department through community control, home detention,
17 nonsecure detention, aftercare, postcommitment community
18 control, or commitment and who is charged with committing a
19 new offense, the risk assessment instrument may be completed
20 and scored based on the underlying charge for which the child
21 was placed under the supervision of the department and the new
22 offense.
23 Section 7. Paragraphs (i) and (j) are added to
24 subsection (2) of section 985.215, Florida Statutes, and
25 subsection (5) and paragraphs (a) and (d) of subsection (10)
26 of said section are amended, to read:
27 985.215 Detention.--
28 (2) Subject to the provisions of subsection (1), a
29 child taken into custody and placed into nonsecure or home
30 detention care or detained in secure detention care prior to a
31 detention hearing may continue to be detained by the court if:
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1 (i) The child is detained on a judicial order for
2 failure to appear and has previously willfully failed to
3 appear, after proper notice, for an adjudicatory hearing on
4 the same case regardless of the results of the risk assessment
5 instrument. A child may be held in secure detention for up to
6 72 hours in advance of the next scheduled court hearing
7 pursuant to this paragraph. The child's failure to keep the
8 clerk of court and defense counsel informed of a current and
9 valid mailing address where the child will receive notice to
10 appear at court proceedings does not provide an adequate
11 ground for excusal of the child's nonappearance at the
12 hearings.
13 (j) The child is detained on a judicial order for
14 failure to appear and has previously willfully failed to
15 appear, after proper notice, at two or more court hearings of
16 any nature on the same case regardless of the results of the
17 risk assessment instrument. A child may be held in secure
18 detention for up to 72 hours in advance of the next scheduled
19 court hearing pursuant to this paragraph. The child's failure
20 to keep the clerk of court and defense counsel informed of a
21 current and valid mailing address where the child will receive
22 notice to appear at court proceedings does not provide an
23 adequate ground for excusal of the child's nonappearance at
24 the hearings.
25
26 A child who meets any of these criteria and who is ordered to
27 be detained pursuant to this subsection shall be given a
28 hearing within 24 hours after being taken into custody. The
29 purpose of the detention hearing is to determine the existence
30 of probable cause that the child has committed the delinquent
31 act or violation of law with which he or she is charged and
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1 the need for continued detention. Unless a child is detained
2 under paragraph (d) or paragraph (e), the court shall utilize
3 the results of the risk assessment performed by the juvenile
4 probation officer and, based on the criteria in this
5 subsection, shall determine the need for continued detention.
6 A child placed into secure, nonsecure, or home detention care
7 may continue to be so detained by the court pursuant to this
8 subsection. If the court orders a placement more restrictive
9 than indicated by the results of the risk assessment
10 instrument, the court shall state, in writing, clear and
11 convincing reasons for such placement. Except as provided in
12 s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
13 paragraph (10)(c), or paragraph (10)(d), when a child is
14 placed into secure or nonsecure detention care, or into a
15 respite home or other placement pursuant to a court order
16 following a hearing, the court order must include specific
17 instructions that direct the release of the child from such
18 placement no later than 5 p.m. on the last day of the
19 detention period specified in paragraph (5)(b) or paragraph
20 (5)(c), or subparagraph (10)(a)1., whichever is applicable,
21 unless the requirements of such applicable provision have been
22 met or an order of continuance has been granted pursuant to
23 paragraph (5)(d).
24 (5)(a) A child may not be placed into or held in
25 secure, nonsecure, or home detention care for longer than 24
26 hours unless the court orders such detention care, and the
27 order includes specific instructions that direct the release
28 of the child from such detention care, in accordance with
29 subsection (2). The order shall be a final order, reviewable
30 by appeal pursuant to s. 985.234 and the Florida Rules of
31
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1 Appellate Procedure. Appeals of such orders shall take
2 precedence over other appeals and other pending matters.
3 (b) The arresting law enforcement agency shall
4 complete and present its investigation of an offense under
5 this subsection to the appropriate state attorney's office
6 within 8 days after placement of the child in secure
7 detention. The investigation shall include, but is not limited
8 to, police reports and supplemental police reports, witness
9 statements, and evidence collection documents. The failure of
10 a law enforcement agency to complete and present its
11 investigation within 8 days shall not entitle a juvenile to be
12 released from secure detention or to a dismissal of any
13 charges.
14 (c)(b) Except as provided in paragraph (f), a child
15 may not be held in secure, nonsecure, or home detention care
16 under a special detention order for more than 21 days unless
17 an adjudicatory hearing for the case has been commenced in
18 good faith by the court.
19 (d)(c) Except as provided in paragraph (f), a child
20 may not be held in secure, nonsecure, or home detention care
21 for more than 15 days following the entry of an order of
22 adjudication.
23 (e)(d) The time limits in paragraphs (c) and (d) (b)
24 and (c) do not include periods of delay resulting from a
25 continuance granted by the court for cause on motion of the
26 child or his or her counsel or of the state. Upon the issuance
27 of an order granting a continuance for cause on a motion by
28 either the child, the child's counsel, or the state, the court
29 shall conduct a hearing at the end of each 72-hour period,
30 excluding Saturdays, Sundays, and legal holidays, to determine
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1 the need for continued detention of the child and the need for
2 further continuance of proceedings for the child or the state.
3 (f) Upon good cause being shown that the nature of the
4 charge requires additional time for the prosecution or defense
5 of the case, the court may extend the time limits for
6 detention specified in paragraph (c) an additional 9 days if
7 the child is charged with an offense that would be, if
8 committed by an adult, a capital felony, a life felony, a
9 felony of the first degree, or a felony of the second degree
10 involving violence against any individual.
11 (10)(a)1. When a child is committed to the Department
12 of Juvenile Justice awaiting dispositional placement, removal
13 of the child from detention care shall occur within 5 days,
14 excluding Saturdays, Sundays, and legal holidays. Any child
15 held in secure detention during the 5 days must meet detention
16 admission criteria pursuant to this section. If the child is
17 committed to a moderate-risk residential program, the
18 department may seek an order from the court authorizing
19 continued detention for a specific period of time necessary
20 for the appropriate residential placement of the child.
21 However, such continued detention in secure detention care may
22 not exceed 15 days after commitment, excluding Saturdays,
23 Sundays, and legal holidays, and except as otherwise provided
24 in this subsection.
25 2. The court must place all children who are
26 adjudicated and awaiting placement in a residential commitment
27 program in detention care. Children who are in home detention
28 care or nonsecure detention care may be placed on electronic
29 monitoring. A child committed to a moderate-risk residential
30 program may be held in a juvenile assignment center pursuant
31 to s. 985.307 until placement or commitment is accomplished.
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1 (d) If the child is committed to a maximum-risk
2 residential program, the child must be held in detention care
3 or in an assignment center pursuant to s. 985.307 until
4 placement or commitment is accomplished.
5 Section 8. Subsection (2) of section 985.216, Florida
6 Statutes, is amended to read:
7 985.216 Punishment for contempt of court; alternative
8 sanctions.--
9 (2) PLACEMENT IN A SECURE FACILITY.--A child may be
10 placed in a secure facility for purposes of punishment for
11 contempt of court if alternative sanctions are unavailable or
12 inappropriate, or if the child has already been ordered to
13 serve an alternative sanction but failed to comply with the
14 sanction.
15 (a) A delinquent child who has been held in direct or
16 indirect contempt may be placed in a secure detention facility
17 not to exceed for 5 days for a first offense and not to exceed
18 or 15 days for a second or subsequent offense.
19 (b) A child in need of services who has been held in
20 direct contempt or indirect contempt may be placed, not to
21 exceed for 5 days for a first offense and not to exceed or 15
22 days for a second or subsequent offense, in a staff-secure
23 shelter or a staff-secure residential facility solely for
24 children in need of services if such placement is available,
25 or, if such placement is not available, the child may be
26 placed in an appropriate mental health facility or substance
27 abuse facility for assessment. In addition to disposition
28 under this paragraph, a child in need of services who is held
29 in direct contempt or indirect contempt may be placed in a
30 physically secure facility as provided under s. 984.226 if
31 conditions of eligibility are met.
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1 Section 9. Present subsections (4) through (11) of
2 section 985.219, Florida Statutes, are renumbered as
3 subsections (5) through (12), respectively, and a new
4 subsection (4) is added to that section, to read:
5 985.219 Process and service.--
6 (4) Law enforcement agencies shall act upon subpoenas
7 received and serve process within 7 days after arraignment or
8 as soon thereafter as is possible, except that no service
9 shall be made on Sundays.
10 Section 10. Paragraph (d) of subsection (1) of section
11 985.231, Florida Statutes, is amended to read:
12 985.231 Powers of disposition in delinquency cases.--
13 (1)
14 (d) Any commitment of a delinquent child to the
15 Department of Juvenile Justice must be for an indeterminate
16 period of time, which may include periods of temporary
17 release, but the time may not exceed the maximum term of
18 imprisonment that an adult may serve for the same offense. Any
19 temporary release for a period greater than 3 days must be
20 approved by the court. Any child so committed may be
21 discharged from institutional confinement or a program upon
22 the direction of the department with the concurrence of the
23 court. Notwithstanding s. 743.07 and this subsection, and
24 except as provided in ss. s. 985.31 and 985.201, a child may
25 not be held under a commitment from a court pursuant to this
26 section after becoming 21 years of age. The department shall
27 give the court that committed the child to the department
28 reasonable notice, in writing, of its desire to discharge the
29 child from a commitment facility. The court that committed the
30 child may thereafter accept or reject the request. If the
31 court does not respond within 10 days after receipt of the
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1 notice, the request of the department shall be deemed granted.
2 This section does not limit the department's authority to
3 revoke a child's temporary release status and return the child
4 to a commitment facility for any violation of the terms and
5 conditions of the temporary release.
6 Section 11. Paragraph (c) of subsection (4) of section
7 985.233, Florida Statutes, is amended to read:
8 985.233 Sentencing powers; procedures; alternatives
9 for juveniles prosecuted as adults.--
10 (4) SENTENCING ALTERNATIVES.--
11 (c) Imposition of adult sanctions upon failure of
12 juvenile sanctions.--If a child proves not to be suitable to a
13 commitment program, community control program, or for a
14 treatment program under the provisions of paragraph (b)
15 subparagraph (b)2., the department shall provide the
16 sentencing court with a written report outlining the basis for
17 its objections to the juvenile sanction and shall
18 simultaneously provide a copy of the report to the state
19 attorney and the defense counsel. The department shall
20 schedule a hearing within 30 days. Upon hearing, the court
21 may revoke the previous adjudication, impose an adjudication
22 of guilt, classify the child as a youthful offender when
23 appropriate, and impose any sentence which it may lawfully
24 impose, giving credit for all time spent by the child in the
25 department. The court may also classify the child as a
26 youthful offender pursuant to s. 958.04, if appropriate. For
27 purposes of this paragraph, a child may be found not suitable
28 to a commitment program, community control program, or
29 treatment program under the provisions of paragraph (b) if the
30 child commits a new violation of law while under juvenile
31 sanctions, if the child commits any other violation of the
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1 conditions of juvenile sanctions, or if the child's actions
2 are otherwise determined by the court to demonstrate a failure
3 of juvenile sanctions.
4
5 It is the intent of the Legislature that the criteria and
6 guidelines in this subsection are mandatory and that a
7 determination of disposition under this subsection is subject
8 to the right of the child to appellate review under s.
9 985.234.
10 Section 12. This act shall take effect upon becoming a
11 law.
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