House Bill hb0083B

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    Florida House of Representatives - 2001                HB 83-B

        By the Fiscal Responsibility Council and Representative
    Ball





  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 984.03, F.S., and repealing subsection (51),

  4         relating to the definition of the term

  5         "staff-secure shelter"; revising definitions

  6         relating to detention; amending s. 985.03,

  7         F.S., and repealing subsection (52), relating

  8         to the definition of the term "staff-secure

  9         shelter"; revising definitions relating to

10         detention; repealing s. 984.225, F.S., relating

11         to powers of disposition and placement of a

12         child in need of services in a staff-secure

13         shelter; repealing s. 984.226, F.S., relating

14         to placement of a child in need of services in

15         a physically secure shelter; amending ss.

16         984.09 and 985.216, F.S., relating to placement

17         in a secure facility for contempt of court, to

18         conform; amending ss. 316.635 and 318.143,

19         F.S., relating to certain infractions by minors

20         constituting contempt of court, to conform;

21         amending s. 216.136, F.S., relating to duties

22         of the Juvenile Justice Estimating Conference,

23         to conform; amending s. 984.14, F.S.; deleting

24         a cross reference, to conform; creating s.

25         985.2035, F.S.; providing powers of disposition

26         in cases involving certain misdemeanor

27         offenses; amending ss. 985.207, 985.213,

28         985.214, 985.215, and 985.404, F.S., relating

29         to detention, to conform; amending s. 985.231,

30         F.S., relating to powers of disposition in

31         delinquency cases; providing for applicability

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  1         of s. 985.2035, F.S., prior to applicability of

  2         this section in certain cases; eliminating

  3         reference to consequence units, to conform to

  4         changes in detention care and supervision;

  5         providing effective dates.

  6

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

  8

  9         Section 1.  Subsections (18), (19), (47), and (49) of

10  section 984.03, Florida Statutes, are amended, subsection (51)

11  is repealed, and subsections (52) through (56) are renumbered

12  as subsections (51) through (55), respectively, to read:

13         984.03  Definitions.--When used in this chapter, the

14  term:

15         (18)  "Detention care" means the temporary care or

16  supervision of a child in secure, nonsecure, or home

17  detention, pending a court adjudication or disposition or

18  execution of a court order, either in secure detention or

19  through electronic monitoring in conjunction with a

20  court-ordered condition of confinement to a designated

21  residence during designated hours.  There are three types of

22  detention care, as follows:

23         (a)  "Secure detention" means temporary custody of the

24  child while the child is under the physical restriction of a

25  detention center or facility pending adjudication,

26  disposition, or placement.

27         (b)  "Nonsecure detention" means temporary custody of

28  the child while the child is in a residential home in the

29  community in a physically nonrestrictive environment under the

30  supervision of the Department of Juvenile Justice pending

31  adjudication, disposition, or placement.

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  1         (c)  "Home detention" means temporary custody of the

  2  child while the child is released to the custody of the

  3  parent, guardian, or custodian in a physically nonrestrictive

  4  environment under the supervision of the Department of

  5  Juvenile Justice staff pending adjudication, disposition, or

  6  placement.

  7         (19)  "Detention center or facility" means a facility

  8  used, pending court adjudication or disposition or execution

  9  of court order, for the temporary care of a child alleged or

10  found to have committed a violation of law.  A detention

11  center or facility must may provide secure or nonsecure

12  custody.  A facility used for the commitment of adjudicated

13  delinquents shall not be considered a detention center or

14  facility.

15         (47)  "Secure detention center or facility" means

16  temporary custody of a child while the child is under the

17  physical restriction of a detention center or facility a

18  physically restricting facility for the temporary care of

19  children, pending adjudication, disposition, or placement.

20         (49)  "Shelter" means a place for the temporary care of

21  a child who is alleged to be or who has been found to be

22  dependent, a child from a family in need of services, or a

23  child in need of services, pending court disposition before or

24  after adjudication or after execution of a court order.

25  "Shelter" may include a facility which provides 24-hour

26  continual supervision for the temporary care of a child who is

27  placed pursuant to s. 984.14.

28         Section 2.  Subsections (18), (19), and (47) of section

29  985.03, Florida Statutes, are amended, subsection (52) is

30  repealed, and subsections (53) through (59) are renumbered as

31  subsections (52) through (58), respectively, to read:

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  1         985.03  Definitions.--When used in this chapter, the

  2  term:

  3         (18)  "Detention care" means the temporary care or

  4  supervision of a child in secure, nonsecure, or home

  5  detention, pending a court adjudication or disposition or

  6  execution of a court order, either in secure detention or

  7  through electronic monitoring in conjunction with a

  8  court-ordered condition of confinement to a designated

  9  residence during designated hours.  There are three types of

10  detention care, as follows:

11         (a)  "Secure detention" means temporary custody of the

12  child while the child is under the physical restriction of a

13  detention center or facility pending adjudication,

14  disposition, or placement.

15         (b)  "Nonsecure detention" means temporary custody of

16  the child while the child is in a residential home in the

17  community in a physically nonrestrictive environment under the

18  supervision of the Department of Juvenile Justice pending

19  adjudication, disposition, or placement.

20         (c)  "Home detention" means temporary custody of the

21  child while the child is released to the custody of the

22  parent, guardian, or custodian in a physically nonrestrictive

23  environment under the supervision of the Department of

24  Juvenile Justice staff pending adjudication, disposition, or

25  placement.

26         (19)  "Detention center or facility" means a facility

27  used, pending court adjudication or disposition or execution

28  of court order, for the temporary care of a child alleged or

29  found to have committed a violation of law.  A detention

30  center or facility must may provide secure or nonsecure

31  custody.  A facility used for the commitment of adjudicated

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  1  delinquents shall not be considered a detention center or

  2  facility.

  3         (47)  "Secure detention center or facility" means

  4  temporary custody of a child while the child is under the

  5  physical restriction of a detention center or facility a

  6  physically restricting facility for the temporary care of

  7  children, pending adjudication, disposition, or placement.

  8         Section 3.  Sections 984.225 and 984.226, Florida

  9  Statutes, are repealed.

10         Section 4.  Subsections (2) and (5) of section 984.09,

11  Florida Statutes, are amended to read:

12         984.09  Punishment for contempt of court; alternative

13  sanctions.--

14         (2)  PLACEMENT IN A SECURE FACILITY.--A child in need

15  of services who has been held in direct or indirect contempt

16  of court may be placed in a secure facility solely for

17  children in need of services for purposes of punishment for

18  contempt of court if alternative sanctions are unavailable or

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

20  serve an alternative sanction but failed to comply with the

21  sanction.  Such placement may be up to 5 days for a first

22  offense or 15 days for a second or subsequent offense.  If

23  such placement is not available, the child may be placed in an

24  appropriate mental health facility or substance abuse facility

25  for assessment upon a finding by the court that assessment is

26  warranted.

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

28  indirect contempt may be placed in a secure detention facility

29  for 5 days for a first offense or 15 days for a second or

30  subsequent offense, or in a secure residential commitment

31  facility.

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

  2  direct contempt or indirect contempt may be placed, for 5 days

  3  for a first offense or 15 days for a second or subsequent

  4  offense, in a staff-secure shelter or a staff-secure

  5  residential facility solely for children in need of services

  6  if such placement is available, or, if such placement is not

  7  available, the child may be placed in an appropriate mental

  8  health facility or substance abuse facility for assessment. In

  9  addition to disposition under this paragraph, a child in need

10  of services who is held in direct contempt or indirect

11  contempt may be placed in a physically secure setting as

12  provided under s. 984.226 if conditions of eligibility are

13  met.

14         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

15  created the position of alternative sanctions coordinator

16  within each judicial circuit, pursuant to subsection (3). Each

17  alternative sanctions coordinator shall serve under the

18  direction of the chief administrative judge of the juvenile

19  division as directed by the chief judge of the circuit. The

20  alternative sanctions coordinator shall act as the liaison

21  between the judiciary, local department officials, district

22  school board employees, and local law enforcement agencies.

23  The alternative sanctions coordinator shall coordinate within

24  the circuit community-based alternative sanctions, including

25  nonsecure detention programs, community service projects, and

26  other juvenile sanctions, in conjunction with the circuit plan

27  implemented in accordance with s. 790.22(4)(c).

28         Section 5.  Subsections (2) and (5) of section 985.216,

29  Florida Statutes, are amended to read:

30         985.216  Punishment for contempt of court; alternative

31  sanctions.--

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  1         (2)  PLACEMENT IN A SECURE FACILITY.--A delinquent

  2  child who has been held in direct or indirect contempt of

  3  court may be placed in a secure facility for purposes of

  4  punishment for contempt of court if alternative sanctions are

  5  unavailable or inappropriate, or if the child has already been

  6  ordered to serve an alternative sanction but failed to comply

  7  with the sanction.  Such placement may be up to 5 days for a

  8  first offense or 15 days for a second or subsequent offense.

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

10  indirect contempt may be placed in a secure detention facility

11  not to exceed 5 days for a first offense and not to exceed 15

12  days for a second or subsequent offense.

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

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

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

16  for a second or subsequent offense, in a staff-secure shelter

17  or a staff-secure residential facility solely for children in

18  need of services if such placement is available, or, if such

19  placement is not available, the child may be placed in an

20  appropriate mental health facility or substance abuse facility

21  for assessment. In addition to disposition under this

22  paragraph, a child in need of services who is held in direct

23  contempt or indirect contempt may be placed in a physically

24  secure facility as provided under s. 984.226 if conditions of

25  eligibility are met.

26         (5)  ALTERNATIVE SANCTIONS COORDINATOR.--There is

27  created the position of alternative sanctions coordinator

28  within each judicial circuit, pursuant to subsection (3). Each

29  alternative sanctions coordinator shall serve under the

30  direction of the chief administrative judge of the juvenile

31  division as directed by the chief judge of the circuit. The

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  1  alternative sanctions coordinator shall act as the liaison

  2  between the judiciary, local department officials, district

  3  school board employees, and local law enforcement agencies.

  4  The alternative sanctions coordinator shall coordinate within

  5  the circuit community-based alternative sanctions, including

  6  nonsecure detention programs, community service projects, and

  7  other juvenile sanctions, in conjunction with the circuit plan

  8  implemented in accordance with s. 790.22(4)(c).

  9         Section 6.  Subsection (4) of section 316.635, Florida

10  Statutes, is amended to read:

11         316.635  Courts having jurisdiction over traffic

12  violations; powers relating to custody and detention of

13  minors.--

14         (4)  A minor who willfully fails to appear before any

15  court or judicial officer as required by written notice to

16  appear is guilty of contempt of court. Upon a finding by a

17  court, after notice and a hearing, that a minor is in contempt

18  of court for willful failure to appear pursuant to a valid

19  notice to appear, the court may, at its discretion, proceed in

20  accordance with the provisions of s. 984.09(2) or s.

21  985.216(2).:

22         (a)  For a first offense, order the minor to serve up

23  to 5 days in a staff-secure shelter as defined in chapter 984

24  or chapter 985 or, if space in a staff-secure shelter is

25  unavailable, in a secure juvenile detention center.

26         (b)  For a second or subsequent offense, the court may

27  order a minor to serve up to 15 days in a staff-secure shelter

28  or, if space in a staff-secure shelter is unavailable, in a

29  secure juvenile detention center.

30         Section 7.  Subsection (2) of section 318.143, Florida

31  Statutes, is amended to read:

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  1         318.143  Sanctions for infractions by minors.--

  2         (2)  Failure to comply with one or more of the

  3  sanctions imposed by the court constitutes contempt of court.

  4  Upon a finding by the court, after notice and a hearing, that

  5  a minor is in contempt of court for failure to comply with

  6  court-ordered sanctions, the court may, at its discretion,

  7  proceed in accordance with the provisions of s. 984.09(2) or

  8  s. 985.216(2).:

  9         (a)  For a first offense, order the minor to serve up

10  to 5 days in a staff-secure shelter as defined in chapter 984

11  or chapter 985 or, if space in a staff-secure shelter is

12  unavailable, in a secure juvenile detention center.

13         (b)  For a second or subsequent offense, the court may

14  order a minor to serve up to 15 days in a staff-secure shelter

15  or, if space in a staff-secure shelter is unavailable, in a

16  secure juvenile detention center.

17         Section 8.  Paragraph (a) of subsection (8) of section

18  216.136, Florida Statutes, is amended to read:

19         216.136  Consensus estimating conferences; duties and

20  principals.--

21         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

22         (a)  Duties.--The Juvenile Justice Estimating

23  Conference shall develop such official information relating to

24  the juvenile justice system of the state as is determined by

25  the conference principals to be needed for the state planning

26  and budgeting system.  This information shall include, but is

27  not limited to:  estimates of juvenile delinquency caseloads

28  and workloads; estimates for secure, nonsecure, and home

29  juvenile detention placements and for the use of detention

30  supervision through the use of electronic monitoring;

31  estimates of workloads in the juvenile sections in the offices

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  1  of the state attorneys and public defenders; estimates of

  2  mental health and substance abuse treatment relating to

  3  juveniles; and such other information as is determined by the

  4  conference principals to be needed for the state planning and

  5  budgeting system.

  6         Section 9.  Subsection (5) of section 984.14, Florida

  7  Statutes, is amended to read:

  8         984.14  Shelter placement; hearing.--

  9         (5)  Except as provided under s. 984.225, A child in

10  need of services or a child from a family in need of services

11  may not be placed in a shelter for longer than 35 days.

12         Section 10.  Effective upon this act becoming a law,

13  section 985.2035, Florida Statutes, is created to read:

14         985.2035  Powers of disposition in cases involving

15  certain misdemeanor offenses.--

16         (1)  The court that has jurisdiction of an adjudicated

17  delinquent child may not commit for residential placement any

18  child who is before the court for disposition of an offense

19  that would be a misdemeanor if committed by an adult unless

20  such child has been adjudicated delinquent within the past

21  year for an offense that would be a felony if committed by an

22  adult.  In such cases, the court may place the child in a

23  structured day-treatment probation supervision program that

24  provides onsite school instruction.  The court may impose

25  additional conditions of such probation supervision as

26  described in s. 985.228(4).

27         (2)  If the conditions of the day-treatment probation

28  supervision program are violated, the department or the state

29  attorney may bring the child before the court on a petition

30  alleging a violation of the program.  Any child who violates

31  the conditions of probation must be brought before the court

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  1  if sanctions are sought.  If the child denies violating the

  2  conditions of probation, the court shall appoint counsel to

  3  represent the child at the child's request.

  4         (3)  Upon the child's admission, or if the court finds

  5  after a hearing that the child has violated the conditions of

  6  probation imposed pursuant to the provisions of subsection

  7  (1), the court shall enter an order modifying or continuing

  8  probation.  The court shall enter a new disposition order and,

  9  in addition to the sanctions set forth in this subsection, may

10  impose any sanction the court could have imposed at the

11  original disposition hearing.  The court may place the child

12  in a low-risk or moderate-risk residential program for up to

13  28 days as a consequence of such violation.  Consequence

14  placement shall be considered an additional sanction as a

15  condition of continued day-treatment probation and shall not

16  be considered a residential commitment.

17         (4)  A probation order entered pursuant to the

18  provisions of this section may only be revoked after the court

19  has exercised its authority to order a consequence placement

20  and pursuant to a finding by the court that the child has

21  subsequently violated the conditions of the day-treatment

22  probation supervision program.

23         Section 11.  Effective upon this act becoming a law,

24  subsection (4) is added to section 985.231, Florida Statutes,

25  to read:

26         985.231  Powers of disposition in delinquency cases.--

27         (4)  The court that has jurisdiction of an adjudicated

28  delinquent child may not exercise any authority pursuant to

29  this section in any case involving a child who has not been

30  adjudicated delinquent within the past year for an offense

31  that would be a felony if committed by an adult and who is

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  1  presently before the court for disposition for an offense that

  2  would be a misdemeanor if committed by an adult until all of

  3  the provisions of s. 985.2035 have been exhausted.

  4         Section 12.  Subsection (1) of section 985.207, Florida

  5  Statutes, is amended to read:

  6         985.207  Taking a child into custody.--

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

  8  following circumstances:

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

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

11  after a petition is filed.

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

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

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

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

16  arresting authority shall immediately notify the district

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

18  the school district with educational jurisdiction of the

19  child.  Such notification shall include other education

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

21  Blind, university developmental research schools, and private

22  elementary and secondary schools. The information obtained by

23  the superintendent of schools pursuant to this section must be

24  released within 48 hours after receipt to appropriate school

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

26  as otherwise provided by law. The principal must immediately

27  notify the child's immediate classroom teachers. Information

28  provided by an arresting authority pursuant to this paragraph

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

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

31  after the date of the arrest.

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  1         (c)  By a law enforcement officer for failing to appear

  2  at a court hearing after being properly noticed.

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

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

  5  conditions of the child's court-ordered detention supervision,

  6  probation, home detention, postcommitment probation, or

  7  conditional release supervision or that the child has escaped

  8  from commitment.

  9

10  Nothing in this subsection shall be construed to allow the

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

12  in s. 985.215.

13         Section 13.  Subsection (1), paragraph (b) of

14  subsection (2), and paragraph (a) of subsection (3) of section

15  985.213, Florida Statutes, are amended to read:

16         985.213  Use of detention.--

17         (1)  All determinations and court orders regarding the

18  use of secure, nonsecure, or home detention care or the use of

19  detention supervision through electronic monitoring in

20  conjunction with a court-ordered condition of confinement to a

21  designated residence during designated hours shall be based

22  primarily upon findings that the child:

23         (a)  Presents a substantial risk of not appearing at a

24  subsequent hearing;

25         (b)  Presents a substantial risk of inflicting bodily

26  harm on others as evidenced by recent behavior;

27         (c)  Presents a history of committing a property

28  offense prior to adjudication, disposition, or placement;

29         (d)  Has committed contempt of court by:

30         1.  Intentionally disrupting the administration of the

31  court;

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  1         2.  Intentionally disobeying a court order; or

  2         3.  Engaging in a punishable act or speech in the

  3  court's presence which shows disrespect for the authority and

  4  dignity of the court; or

  5         (e)  Requests protection from imminent bodily harm.

  6         (2)

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

  8  care placement determinations and orders shall be developed by

  9  the Department of Juvenile Justice in agreement with

10  representatives appointed by the following associations: the

11  Conference of Circuit Judges of Florida, the Prosecuting

12  Attorneys Association, the Public Defenders Association, the

13  Florida Sheriffs Association, and the Florida Association of

14  Chiefs of Police.  Each association shall appoint two

15  individuals, one representing an urban area and one

16  representing a rural area.  The parties involved shall

17  evaluate and revise the risk assessment instrument as is

18  considered necessary using the method for revision as agreed

19  by the parties. The risk assessment instrument shall take into

20  consideration, but need not be limited to, prior history of

21  failure to appear, prior offenses, offenses committed pending

22  adjudication, any unlawful possession of a firearm, theft of a

23  motor vehicle or possession of a stolen motor vehicle, and

24  probation status at the time the child is taken into custody.

25  The risk assessment instrument shall also take into

26  consideration appropriate aggravating and mitigating

27  circumstances, and shall be designed to target a narrower

28  population of children than s. 985.215(2). The risk assessment

29  instrument shall also include any information concerning the

30  child's history of abuse and neglect. The risk assessment

31  shall indicate whether detention care is warranted, and, if

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  1  detention care is warranted, whether the child should be

  2  placed into secure, nonsecure, or home detention care or under

  3  detention supervision through electronic monitoring in

  4  conjunction with a court-ordered condition of confinement to a

  5  designated residence during designated hours.

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

  7  material error in the scoring of the risk assessment

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

  9  accuracy.

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

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

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

13  the court makes specific written findings that:

14         a.  Respite care for the child is not available; and

15         b.  It is necessary to place the child in secure

16  detention in order to protect the victim from injury.

17

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

19  subparagraph for more than 48 hours unless ordered by the

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

21  state attorney or victim requests that secure detention be

22  continued. The child may continue to be held in detention care

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

24  care is necessary to protect the victim from injury. However,

25  the child may not be held in detention care beyond the time

26  limits set forth in s. 985.215.

27         4.  For a child who is under the supervision of the

28  department or a designated agent of the department through

29  electronic monitoring in conjunction with a court-ordered

30  condition of confinement to a designated residence during

31  designated hours, probation, home detention, nonsecure

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  1  detention, conditional release, postcommitment probation, or

  2  commitment and who is charged with committing a new offense,

  3  the risk assessment instrument may be completed and scored

  4  based on the underlying charge for which the child was placed

  5  under such the supervision of the department and the new

  6  offense.

  7         (3)(a)  While a child who is currently enrolled in

  8  school is under detention supervision through electronic

  9  monitoring in conjunction with a condition of confinement to a

10  designated residence during designated hours in nonsecure or

11  home detention care, the child shall continue to attend school

12  unless otherwise ordered by the court.

13         Section 14.  Subsection (1) of section 985.214, Florida

14  Statutes, is amended to read:

15         985.214  Prohibited uses of detention.--

16         (1)  A child alleged to have committed a delinquent act

17  or violation of law may not be placed into secure, nonsecure,

18  or home detention care or placed under the supervision of the

19  department through electronic monitoring in conjunction with a

20  court-ordered condition of confinement to a designated

21  residence during designated hours for any of the following

22  reasons:

23         (a)  To allow a parent to avoid his or her legal

24  responsibility.

25         (b)  To permit more convenient administrative access to

26  the child.

27         (c)  To facilitate further interrogation or

28  investigation.

29         (d)  Due to a lack of more appropriate facilities.

30         Section 15.  Subsections (1) and (2), paragraphs (a),

31  (c), and (d) of subsection (5), paragraph (a) of subsection

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  1  (6), subsections (8) and (9), paragraphs (a) and (b) of

  2  subsection (10), and paragraph (b) of subsection (11) of

  3  section 985.215, Florida Statutes, are amended to read:

  4         985.215  Detention.--

  5         (1)  The juvenile probation officer shall receive

  6  custody of a child who has been taken into custody from the

  7  law enforcement agency and shall review the facts in the law

  8  enforcement report or probable cause affidavit and make such

  9  further inquiry as may be necessary to determine whether

10  detention care is required.

11         (a)  During the period of time from the taking of the

12  child into custody to the date of the detention hearing, the

13  initial decision as to the child's placement into secure

14  detention care or into detention supervision through the use

15  of electronic monitoring in conjunction with a condition of

16  confinement to a designated residence during designated hours,

17  nonsecure detention care, or home detention care shall be made

18  by the juvenile probation officer pursuant to ss. 985.213 and

19  985.214.

20         (b)  The juvenile probation officer shall base the

21  decision whether or not to place the child into secure

22  detention care or into detention supervision through the use

23  of electronic monitoring in conjunction with a condition of

24  confinement to a designated residence during designated hours,

25  home detention care, or nonsecure detention care on an

26  assessment of risk in accordance with the risk assessment

27  instrument and procedures developed by the Department of

28  Juvenile Justice under s. 985.213. However, a child charged

29  with possessing or discharging a firearm on school property in

30  violation of s. 790.115 shall be placed in secure detention

31  care.

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  1         (c)  If the juvenile probation officer determines that

  2  a child who is eligible for detention based upon the results

  3  of the risk assessment instrument should be released, the

  4  juvenile probation officer shall contact the state attorney,

  5  who may authorize release. If detention is not authorized, the

  6  child may be released by the juvenile probation officer in

  7  accordance with s. 985.211.

  8

  9  Under no circumstances shall the juvenile probation officer or

10  the state attorney or law enforcement officer authorize the

11  detention of any child in a jail or other facility intended or

12  used for the detention of adults, without an order of the

13  court.

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

15  child taken into custody and placed into detention supervision

16  through the use of electronic monitoring in conjunction with a

17  condition of confinement to a designated residence during

18  designated hours nonsecure or home detention care or detained

19  in secure detention care prior to a detention hearing may

20  continue to be detained by the court if:

21         (a)  The child is alleged to be an escapee or an

22  absconder from a commitment program, a probation program, or

23  conditional release supervision, or is alleged to have escaped

24  while being lawfully transported to or from such program or

25  supervision.

26         (b)  The child is wanted in another jurisdiction for an

27  offense which, if committed by an adult, would be a felony.

28         (c)  The child is charged with a delinquent act or

29  violation of law and requests in writing through legal counsel

30  to be detained for protection from an imminent physical threat

31  to his or her personal safety.

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  1         (d)  The child is charged with committing an offense of

  2  domestic violence as defined in s. 741.28(1) and is detained

  3  as provided in s. 985.213(2)(b)3.

  4         (e)  The child is charged with possession or

  5  discharging a firearm on school property in violation of s.

  6  790.115.

  7         (f)  The child is charged with a capital felony, a life

  8  felony, a felony of the first degree, a felony of the second

  9  degree that does not involve a violation of chapter 893, or a

10  felony of the third degree that is also a crime of violence,

11  including any such offense involving the use or possession of

12  a firearm.

13         (g)  The child is charged with any second degree or

14  third degree felony involving a violation of chapter 893 or

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

16  and the child:

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

18  after being properly notified in accordance with the Rules of

19  Juvenile Procedure;

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

21  hearings;

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

23  is awaiting final disposition of the case;

24         4.  Has a record of violent conduct resulting in

25  physical injury to others; or

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

27         (h)  The child is alleged to have violated the

28  conditions of the child's probation or conditional release

29  supervision and qualifies to be held in secure detention

30  pursuant to the provisions of s. 985.213(2)(b)4. Otherwise,

31  such However, a child detained under this paragraph may be

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  1  held only in a consequence unit as provided in s.

  2  985.231(1)(a)1.c. If a consequence unit is not available, the

  3  child shall be placed on home detention supervision with

  4  electronic monitoring.

  5         (i)  The child is detained on a judicial order for

  6  failure to appear and has previously willfully failed to

  7  appear, after proper notice, for an adjudicatory hearing on

  8  the same case regardless of the results of the risk assessment

  9  instrument. A child may be held in secure detention for up to

10  72 hours in advance of the next scheduled court hearing

11  pursuant to this paragraph. The child's failure to keep the

12  clerk of court and defense counsel informed of a current and

13  valid mailing address where the child will receive notice to

14  appear at court proceedings does not provide an adequate

15  ground for excusal of the child's nonappearance at the

16  hearings.

17         (j)  The child is detained on a judicial order for

18  failure to appear and has previously willfully failed to

19  appear, after proper notice, at two or more court hearings of

20  any nature on the same case regardless of the results of the

21  risk assessment instrument. A child may be held in secure

22  detention for up to 72 hours in advance of the next scheduled

23  court hearing pursuant to this paragraph. The child's failure

24  to keep the clerk of court and defense counsel informed of a

25  current and valid mailing address where the child will receive

26  notice to appear at court proceedings does not provide an

27  adequate ground for excusal of the child's nonappearance at

28  the hearings.

29

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

31  be detained pursuant to this subsection shall be given a

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

  2  purpose of the detention hearing is to determine the existence

  3  of probable cause that the child has committed the delinquent

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

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

  6  under paragraph (d) or paragraph (e), the court shall utilize

  7  the results of the risk assessment performed by the juvenile

  8  probation officer and, based on the criteria in this

  9  subsection, shall determine the need for continued detention.

10  A child placed into secure, nonsecure, or home detention care

11  or into detention supervision through the use of electronic

12  monitoring in conjunction with a condition of confinement to a

13  designated residence during designated hours may continue to

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

15  the court orders a placement more restrictive than indicated

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

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

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

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

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

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

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

23  court order must include specific instructions that direct the

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

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

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

27  whichever is applicable, unless the requirements of such

28  applicable provision have been met or an order of continuance

29  has been granted pursuant to paragraph (5)(f).

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

31  secure, nonsecure, or home detention care or under detention

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  1  supervision through the use of electronic monitoring in

  2  conjunction with a condition of confinement to a designated

  3  residence during designated hours for longer than 24 hours

  4  unless the court orders such detention care or supervision,

  5  and the order includes specific instructions that direct the

  6  release of the child from such detention care, in accordance

  7  with subsection (2). The order shall be a final order,

  8  reviewable by appeal pursuant to s. 985.234 and the Florida

  9  Rules of Appellate Procedure.  Appeals of such orders shall

10  take precedence over other appeals and other pending matters.

11         (c)  Except as provided in paragraph (g), a child may

12  not be held in secure, nonsecure, or home detention care or

13  under detention supervision through the use of electronic

14  monitoring in conjunction with a condition of confinement to a

15  designated residence during designated hours under a special

16  detention order for more than 21 days unless an adjudicatory

17  hearing for the case has been commenced in good faith by the

18  court.

19         (d)  Except as provided in paragraph (g), a child may

20  not be held in secure, nonsecure, or home detention care or

21  under detention supervision through the use of electronic

22  monitoring in conjunction with a condition of confinement to a

23  designated residence during designated hours for more than 15

24  days following the entry of an order of adjudication.

25         (6)(a)  When any child is placed into secure,

26  nonsecure, or home detention care, into detention supervision

27  through the use of electronic monitoring in conjunction with a

28  condition of confinement to a designated residence during

29  designated hours, or into other placement pursuant to a court

30  order following a detention hearing, the court shall order the

31  parents or guardians of such child to pay to the Department of

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  1  Juvenile Justice fees in the amount of $5 per day that the

  2  child is under the care or supervision of the department in

  3  order to partially offset the cost of the care, support,

  4  maintenance, and other usual and ordinary obligations of

  5  parents to provide for the needs of their children, unless the

  6  court makes a finding on the record that the parent or

  7  guardian of the child is indigent.

  8         (8)  If a child is detained pursuant to this section,

  9  the Department of Juvenile Justice may transfer the child from

10  detention supervision through the use of electronic monitoring

11  in conjunction with a condition of confinement to a designated

12  residence during designated hours nonsecure or home detention

13  care to secure detention care only if significantly changed

14  circumstances warrant such transfer.

15         (9)  If a child is on release status and not detained

16  pursuant to this section, the child may be placed into secure,

17  nonsecure, or home detention care or into detention

18  supervision through the use of electronic monitoring in

19  conjunction with a condition of confinement to a designated

20  residence during designated hours only pursuant to a court

21  hearing in which the original risk assessment instrument,

22  rescored based on newly discovered evidence or changed

23  circumstances with the results recommending detention, is

24  introduced into evidence.

25         (10)(a)1.  When a child is committed to the Department

26  of Juvenile Justice awaiting dispositional placement, removal

27  of the child from detention care shall occur within 5 days,

28  excluding Saturdays, Sundays, and legal holidays. Any child

29  held in secure detention during the 5 days must meet detention

30  admission criteria pursuant to this section. If the child is

31  committed to a moderate-risk residential program, the

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  1  department may seek an order from the court authorizing

  2  continued detention for a specific period of time necessary

  3  for the appropriate residential placement of the child.

  4  However, such continued detention in secure detention care may

  5  not exceed 15 days after commitment, excluding Saturdays,

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

  7  in this subsection.

  8         2.  The court must place all children who are

  9  adjudicated and awaiting placement in a residential commitment

10  program in detention care. Children who are not subject to an

11  order of placement into secure detention care may be placed

12  into detention supervision through the use of electronic

13  monitoring in conjunction with a condition of confinement to a

14  designated residence during designated hours in home detention

15  care or nonsecure detention care may be placed on electronic

16  monitoring.

17         (b)  A child who is placed in detention supervision

18  through the use of electronic monitoring in conjunction with a

19  condition of confinement to a designated residence during

20  designated hours home detention care, nonsecure detention

21  care, or home or nonsecure detention care with electronic

22  monitoring, while awaiting placement in a low-risk or

23  moderate-risk program, may be held in secure detention care

24  for 5 days, if the child violates the conditions of such

25  monitoring or confinement the home detention care, the

26  nonsecure detention care, or the electronic monitoring

27  agreement.  For any subsequent violation, the court may impose

28  an additional 5 days in secure detention care.

29         (11)

30         (b)  When a juvenile sexual offender, pursuant to this

31  subsection, is released from detention care or supervision, or

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  1  is transferred from secure detention to detention supervision

  2  through the use of electronic monitoring in conjunction with a

  3  condition of confinement to a designated residence during

  4  designated hours home detention or nonsecure detention,

  5  detention staff shall immediately notify the appropriate law

  6  enforcement agency and school personnel.

  7         Section 16.  Paragraph (a) of subsection (1) of section

  8  985.231, Florida Statutes, is amended to read:

  9         985.231  Powers of disposition in delinquency cases.--

10         (1)(a)  The court that has jurisdiction of an

11  adjudicated delinquent child may, by an order stating the

12  facts upon which a determination of a sanction and

13  rehabilitative program was made at the disposition hearing:

14         1.  Place the child in a probation program or a

15  postcommitment probation program under the supervision of an

16  authorized agent of the Department of Juvenile Justice or of

17  any other person or agency specifically authorized and

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

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

20  place under such reasonable conditions as the court may

21  direct. A probation program for an adjudicated delinquent

22  child must include a penalty component such as restitution in

23  money or in kind, community service, a curfew, revocation or

24  suspension of the driver's license of the child, or other

25  nonresidential punishment appropriate to the offense and must

26  also include a rehabilitative program component such as a

27  requirement of participation in substance abuse treatment or

28  in school or other educational program. If the child is

29  attending or is eligible to attend public school and the court

30  finds that the victim or a sibling of the victim in the case

31  is attending or may attend the same school as the child, the

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  1  court placement order shall include a finding pursuant to the

  2  proceedings described in s. 985.23(1)(d). Upon the

  3  recommendation of the department at the time of disposition,

  4  or subsequent to disposition pursuant to the filing of a

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

  6  postcommitment probation, the court may order the child to

  7  submit to random testing for the purpose of detecting and

  8  monitoring the use of alcohol or controlled substances.

  9         a.  A restrictiveness level classification scale for

10  levels of supervision shall be provided by the department,

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

12  probation supervision requirements to reasonably ensure the

13  public safety. Probation programs for children shall be

14  supervised by the department or by any other person or agency

15  specifically authorized by the court. These programs must

16  include, but are not limited to, structured or restricted

17  activities as described in this subparagraph, and shall be

18  designed to encourage the child toward acceptable and

19  functional social behavior. If supervision or a program of

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

21  such supervision or program must be consistent with any

22  treatment and rehabilitation needs identified for the child

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

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

25  that the duration of such supervision or program for an

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

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

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

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

30  the child and the parent or guardian could reasonably be

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

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

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

  3         b.  The court may conduct judicial review hearings for

  4  a child placed on probation for the purpose of fostering

  5  accountability to the judge and compliance with other

  6  requirements, such as restitution and community service. The

  7  court may allow early termination of probation for a child who

  8  has substantially complied with the terms and conditions of

  9  probation.

10         c.  If the conditions of the probation program or the

11  postcommitment probation program are violated, the department

12  or the state attorney may bring the child before the court on

13  a petition alleging a violation of the program. Any child who

14  violates the conditions of probation or postcommitment

15  probation must be brought before the court if sanctions are

16  sought. A child taken into custody under s. 985.207 for

17  violating the conditions of probation or postcommitment

18  probation shall be held pursuant to the provisions of s.

19  985.215(2)(h) in a consequence unit if such a unit is

20  available. The child shall be afforded a hearing within 24

21  hours after being taken into custody to determine the

22  existence of probable cause that the child violated the

23  conditions of probation or postcommitment probation. A

24  consequence unit is a secure facility specifically designated

25  by the department for children who are taken into custody

26  under s. 985.207 for violating probation or postcommitment

27  probation, or who have been found by the court to have

28  violated the conditions of probation or postcommitment

29  probation. If the violation involves a new charge of

30  delinquency, the child may be detained under s. 985.215 in a

31  facility other than a consequence unit. If the child is not

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  1  eligible for detention for the new charge of delinquency, the

  2  child may be held in the consequence unit pending a hearing

  3  and is subject to the time limitations specified in s.

  4  985.215. If the child denies violating the conditions of

  5  probation or postcommitment probation, the court shall appoint

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

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

  8  that the child has violated the conditions of probation or

  9  postcommitment probation, the court shall enter an order

10  revoking, modifying, or continuing probation or postcommitment

11  probation. In each such case, the court shall enter a new

12  disposition order and, in addition to the sanctions set forth

13  in this paragraph, may impose any sanction the court could

14  have imposed at the original disposition hearing. If the child

15  is found to have violated the conditions of probation or

16  postcommitment probation, the court may:

17         (I)  Place the child in a secure detention facility

18  consequence unit in that judicial circuit, if available, for

19  up to 5 days for a first violation, and up to 15 days for a

20  second or subsequent violation.

21         (II)  Place the child in detention supervision through

22  electronic monitoring in conjunction with a condition of

23  confinement to a designated residence during designated hours

24  on home detention with electronic monitoring. However, this

25  sanction may be used only if a residential consequence unit is

26  not available.

27         (III)  Modify or continue the child's probation program

28  or postcommitment probation program.

29         (IV)  Revoke probation or postcommitment probation and

30  commit the child to the department.

31

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

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

  3  a child in a probation program must be until the child's 19th

  4  birthday unless he or she is released by the court, on the

  5  motion of an interested party or on its own motion.

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

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

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

  9  center or facility or shelter.

10         3.  Commit the child to the Department of Juvenile

11  Justice at a residential commitment level defined in s.

12  985.03. Such commitment must be for the purpose of exercising

13  active control over the child, including, but not limited to,

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

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

16  postcommitment nonresidential conditional release program. If

17  the child is eligible to attend public school following

18  residential commitment and the court finds that the victim or

19  a sibling of the victim in the case is or may be attending the

20  same school as the child, the commitment order shall include a

21  finding pursuant to the proceedings described in s.

22  985.23(1)(d). If the child is not successful in the

23  conditional release program, the department may use the

24  transfer procedure under s. 985.404. Notwithstanding s. 743.07

25  and paragraph (d), and except as provided in s. 985.31, the

26  term of the commitment must be until the child is discharged

27  by the department or until he or she reaches the 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 probation program to be implemented

  4  by the Department of Juvenile Justice, or, in the case of a

  5  committed child, as part of the community-based sanctions

  6  ordered by the court at the disposition hearing or before the

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

  8  restitution in money, through a promissory note cosigned by

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

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

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

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

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

14  guardian to pay to the office of the clerk of the circuit

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

16  clerk as a result of receiving and dispensing restitution

17  payments. The clerk shall notify the court if restitution is

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

19  necessary against the child or the child's parent or guardian.

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

21  guardian has made diligent and good faith efforts to prevent

22  the child from engaging in delinquent acts absolves the parent

23  or guardian of liability for restitution under this

24  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 probation 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 17.  Paragraph (a) of subsection (10) of

31  section 985.404, Florida Statutes, is amended to read:

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  1         985.404  Administering the juvenile justice

  2  continuum.--

  3         (10)(a)  The department shall operate a statewide,

  4  regionally administered system of detention services for

  5  children, in accordance with a comprehensive plan for the

  6  regional administration of all detention services in the

  7  state. The plan must provide for the maintenance of adequate

  8  availability of detention services for all counties. The plan

  9  must cover all the department's operating circuits, with each

10  operating circuit having a secure facility and detention

11  supervision services that include the use of electronic

12  monitoring nonsecure and home detention programs, and the plan

13  may be altered or modified by the Department of Juvenile

14  Justice as necessary.

15         Section 18.  Except as otherwise provided herein, this

16  act shall take effect January 1, 2002.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Eliminates staff-secure shelters and physically secure
21    shelters for the placement of children in need of
      services.  Provides that children in need of services and
22    delinquent children found in contempt of court shall be
      placed in secure detention.  Eliminates home detention
23    and replaces it with electronic monitoring.  Replaces
      placement in a residential facility with placement in a
24    structured day-treatment probation supervision program
      for delinquent children involved in offenses that would
25    be misdemeanors if committed by an adult.  See bill for
      details.
26

27

28

29

30

31

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CODING: Words stricken are deletions; words underlined are additions.