HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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.11/29/2001 05:00 PM
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11 Representative(s) Ball offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Subsections (18), (19), and (47) of section
18 984.03, Florida Statutes, are amended, subsection (51) is
19 repealed, and subsections (52) through (56) are renumbered as
20 subsections (51) through (55), respectively, to read:
21 984.03 Definitions.--When used in this chapter, the
22 term:
23 (18) "Detention care" means the temporary care or
24 supervision of a child in secure, nonsecure, or home
25 detention, pending a court adjudication or disposition or
26 execution of a court order, either in secure detention or
27 through electronic monitoring in conjunction with a
28 court-ordered condition of confinement to a designated
29 residence during designated hours. There are three types of
30 detention care, as follows:
31 (a) "Secure detention" means temporary custody of the
1
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 child while the child is under the physical restriction of a
2 detention center or facility pending adjudication,
3 disposition, or placement.
4 (b) "Nonsecure detention" means temporary custody of
5 the child while the child is in a residential home in the
6 community in a physically nonrestrictive environment under the
7 supervision of the Department of Juvenile Justice pending
8 adjudication, disposition, or placement.
9 (c) "Home detention" means temporary custody of the
10 child while the child is released to the custody of the
11 parent, guardian, or custodian in a physically nonrestrictive
12 environment under the supervision of the Department of
13 Juvenile Justice staff pending adjudication, disposition, or
14 placement.
15 (19) "Detention center or facility" means a facility
16 used, pending court adjudication or disposition or execution
17 of court order, for the temporary care of a child alleged or
18 found to have committed a violation of law. A detention
19 center or facility must may provide secure or nonsecure
20 custody. A facility used for the commitment of adjudicated
21 delinquents shall not be considered a detention center or
22 facility.
23 (47) "Secure detention center or facility" means
24 temporary custody of a child while the child is under the
25 physical restriction of a detention center or facility a
26 physically restricting facility for the temporary care of
27 children, pending adjudication, disposition, or placement.
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:
2
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
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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Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
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. Subsections (1), (3), and (6) of Section
9 984.12, Florida Statutes, are amended to read:
10 984.12 Case staffing; services and treatment to a
11 family in need of services.--
12 (1) The appropriate representative of the department
13 may shall request a meeting of the family and child with a
14 case staffing committee to review the case of any family or
15 child who the department determines is in need of services or
16 treatment if:
17 (a) The family or child is not in agreement with the
18 services or treatment offered;
19 (b) The family or child will not participate in the
20 services or treatment selected; or
21 (c) The representative of the department needs
22 assistance in developing an appropriate plan for services.
23 The time and place selected for the meeting shall be
24 convenient for the child and family.
25 (3) The case staffing committee, if convened, shall
26 reach a timely decision to provide the child or family with
27 needed services and treatment through the development of a
28 case plan for services.
29 (6) A case manager may shall be designated by the case
30 staffing committee to be responsible for monitoring
31 implementing the case plan implemented by the contracted
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Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 provider. The case manager shall periodically review the
2 progress towards achieving the objectives of the case plan in
3 order to:
4 (a) Advise the case staffing committee of the need to
5 make adjustments to the case plan; or
6 (b) Terminate the case as indicated by successful or
7 substantial achievement of the objectives of the case plan or
8 as indicated by the stated intention of the parent or legal
9 guardian to withdraw from services.
10 Section 4. Subsection (8) of section 984.14, Florida
11 Statutes, is repealed.
12 Section 5. Subsection (2) of section 984.15, Florida
13 Statutes, is amended to read:
14 984.15 Petition for a child in need of services.--
15 (2)(a) The department shall file a petition for a
16 child in need of services if the case manager, or the staffing
17 committee , and the contracted provider of services requests
18 that a petition be filed and:
19 1. The family and child have in good faith, but
20 unsuccessfully, used the services prescribed in the case plan
21 without meeting a majority of the case plan objectives and
22 process described in ss. 984.11 and 984.12; or
23 2. The family or child has have not participated in
24 the refused all services described in the case plan ss. 984.11
25 and 984.12 after reasonable efforts have been made by the
26 department and the contracted provider of services to involve
27 the family and child in services and treatment.
28 (b) Once the requirements in paragraph (a) have been
29 met, the department shall file a petition for a child in need
30 of services within 30 45 days.
31 (c) The petition shall be in writing, shall state the
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 specific grounds under s. 984.03(9) by which the child is
2 designated a child in need of services, and shall certify that
3 the conditions prescribed in paragraph (a) have been met. The
4 petition shall be signed by the petitioner under oath stating
5 good faith in filing the petition and shall be signed by an
6 attorney for the department.
7 Section 6. Subsections (1) and (4) of section 984.225
8 are amended; subsections (5), (6), and (7) are repealed; and
9 present subsection (8) is renumbered as subsection (4), to
10 read:
11 984.225 Powers of disposition; placement in shelter
12 beyond 35 days in a staff-secure shelter.--
13 (1) Subject to specific legislative appropriation and
14 only after other alternative, less-restrictive remedies have
15 been exhausted, the court may order that a child adjudicated
16 as a child in need of services be placed for up to 30 days in
17 addition to the 35 days prescribed in s. 984.14(5) 90 days in
18 a staff-secure shelter if:
19 (a) The child's parent, guardian, or legal custodian
20 refuses to provide food, clothing, shelter, and necessary
21 parental support for the child and the refusal is a direct
22 result of an established pattern on the part of significant
23 disruptive behavior of the child that poses a threat to the
24 safety of family members in the child's household, but does
25 not pose a threat to residents and staff of the temporary
26 shelter; or in the home of the parent, guardian, or legal
27 custodian;
28 (b) The child refuses to remain under the reasonable
29 care and custody of his or her parent, guardian, or legal
30 custodian, as evidenced by repeatedly running away and failing
31 to comply with a court order; or
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 (c) The child has failed to successfully complete an
2 alternative treatment program or to comply with a
3 court-ordered sanction and the child has been placed in a
4 residential program on at least one prior occasion pursuant to
5 a court order under this chapter.
6 (d) The child is accepted for the extended stay in the
7 shelter by a contracted provider for children in need of
8 services. Refusal to extend the child's placement by the
9 provider must be based upon chronic and significant lack of
10 progress on the part of the child; and therefore, not in the
11 best interest of the child.
12 (4) While a child is in a staff-secure shelter, the
13 child shall receive education commensurate with his or her
14 grade level and educational ability.
15 Section 7. Section 984.226, Florida Statutes, is
16 repealed.
17 Section 8. Subsections (1),(2) and (5) of section
18 984.09, Florida Statutes, are amended to read:
19 984.09 Punishment for contempt of court; alternative
20 sanctions.--
21 984.09 Punishment for contempt of court; alternative
22 sanctions.--
23 (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.--The court
24 may punish any child for contempt for interfering with the
25 court or with court administration, or for violating any
26 provision of this chapter or order of the court relative
27 thereto. It is the intent of the Legislature that the court
28 restrict and limit the use of contempt powers with respect to
29 commitment of a child to a secure facility. A child who
30 commits direct contempt of court or indirect contempt of a
31 valid court order may be taken into custody and ordered to
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 serve an alternative sanction or placed in a temporary shelter
2 for an extended period, in a secure facility, as authorized in
3 this section and in s. 984.225, by order of the court.
4 (2) EXTENDED PLACEMENT IN A SHELTER SECURE
5 FACILITY.--A child in need of services who has been held in
6 direct or indirect contempt of court may be placed in a
7 shelter that is licensed as a child caring agency pursuant to
8 chapter 409 secure facility for purposes of punishment for
9 contempt of court if alternative sanctions are unavailable or
10 inappropriate, or if the child has already been ordered to
11 serve an alternative sanction but failed to comply with the
12 sanction. Such placement may be up to 10 days for a first
13 offense or 30 days for a second or subsequent offense. If
14 such placement is not available, the child may be placed in an
15 appropriate mental health facility or substance abuse facility
16 for assessment upon a finding by the court that assessment is
17 warranted.
18 (a) A delinquent child who has been held in direct or
19 indirect contempt may be placed in a secure detention facility
20 for 5 days for a first offense or 15 days for a second or
21 subsequent offense, or in a secure residential commitment
22 facility.
23 (b) A child in need of services who has been held in
24 direct contempt or indirect contempt may be placed, for 5 days
25 for a first offense or 15 days for a second or subsequent
26 offense, in a staff-secure shelter or a staff-secure
27 residential facility solely for children in need of services
28 if such placement is available, or, if such placement is not
29 available, the child may be placed in an appropriate mental
30 health facility or substance abuse facility for assessment. In
31 addition to disposition under this paragraph, a child in need
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 of services who is held in direct contempt or indirect
2 contempt may be placed in a physically secure setting as
3 provided under s. 984.226 if conditions of eligibility are
4 met.
5 (5) ALTERNATIVE SANCTIONS COORDINATOR.--There is
6 created the position of alternative sanctions coordinator
7 within each judicial circuit, pursuant to subsection (3). Each
8 alternative sanctions coordinator shall serve under the
9 direction of the chief administrative judge of the juvenile
10 division as directed by the chief judge of the circuit. The
11 alternative sanctions coordinator shall act as the liaison
12 between the judiciary, local department officials, district
13 school board employees, and local law enforcement agencies.
14 The alternative sanctions coordinator shall coordinate within
15 the circuit community-based alternative sanctions, including
16 nonsecure detention programs, community service projects, and
17 other juvenile sanctions, in conjunction with the circuit plan
18 implemented in accordance with s. 790.22(4)(c).
19 Section 9. Subsections (2) and (5) of section 985.216,
20 Florida Statutes, are amended to read:
21 985.216 Punishment for contempt of court; alternative
22 sanctions.--
23 (2) PLACEMENT IN A SECURE FACILITY.--A delinquent
24 child who has been held in direct or indirect contempt of
25 court may be placed in a secure facility for purposes of
26 punishment for contempt of court if alternative sanctions are
27 unavailable or inappropriate, or if the child has already been
28 ordered to serve an alternative sanction but failed to comply
29 with the sanction. Such placement may be up to 5 days for a
30 first offense or 15 days for a second or subsequent offense.
31 (a) A delinquent child who has been held in direct or
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 indirect contempt may be placed in a secure detention facility
2 not to exceed 5 days for a first offense and not to exceed 15
3 days for a second or subsequent offense.
4 (b) A child in need of services who has been held in
5 direct contempt or indirect contempt may be placed, not to
6 exceed 5 days for a first offense and not to exceed 15 days
7 for a second or subsequent offense, in a staff-secure shelter
8 or a staff-secure residential facility solely for children in
9 need of services if such placement is available, or, if such
10 placement is not available, the child may be placed in an
11 appropriate mental health facility or substance abuse facility
12 for assessment. In addition to disposition under this
13 paragraph, a child in need of services who is held in direct
14 contempt or indirect contempt may be placed in a physically
15 secure facility as provided under s. 984.226 if conditions of
16 eligibility are met.
17 (5) ALTERNATIVE SANCTIONS COORDINATOR.--There is
18 created the position of alternative sanctions coordinator
19 within each judicial circuit, pursuant to subsection (3). Each
20 alternative sanctions coordinator shall serve under the
21 direction of the chief administrative judge of the juvenile
22 division as directed by the chief judge of the circuit. The
23 alternative sanctions coordinator shall act as the liaison
24 between the judiciary, local department officials, district
25 school board employees, and local law enforcement agencies.
26 The alternative sanctions coordinator shall coordinate within
27 the circuit community-based alternative sanctions, including
28 nonsecure detention programs, community service projects, and
29 other juvenile sanctions, in conjunction with the circuit plan
30 implemented in accordance with s. 790.22(4)(c).
31 Section 10. Subsection (4) of section 316.635, Florida
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 Statutes, is amended to read:
2 316.635 Courts having jurisdiction over traffic
3 violations; powers relating to custody and detention of
4 minors.--
5 (4) A minor who willfully fails to appear before any
6 court or judicial officer as required by written notice to
7 appear is guilty of contempt of court. Upon a finding by a
8 court, after notice and a hearing, that a minor is in contempt
9 of court for willful failure to appear pursuant to a valid
10 notice to appear, the court may, at its discretion, proceed in
11 accordance with the provisions of s. 984.09(2) or s.
12 985.216(2).:
13 (a) For a first offense, order the minor to serve up
14 to 5 days in a staff-secure shelter as defined in chapter 984
15 or chapter 985 or, if space in a staff-secure shelter is
16 unavailable, in a secure juvenile detention center.
17 (b) For a second or subsequent offense, the court may
18 order a minor to serve up to 15 days in a staff-secure shelter
19 or, if space in a staff-secure shelter is unavailable, in a
20 secure juvenile detention center.
21 Section 11. Subsection (2) of section 318.143, Florida
22 Statutes, is amended to read:
23 318.143 Sanctions for infractions by minors.--
24 (2) Failure to comply with one or more of the
25 sanctions imposed by the court constitutes contempt of court.
26 Upon a finding by the court, after notice and a hearing, that
27 a minor is in contempt of court for failure to comply with
28 court-ordered sanctions, the court may, at its discretion,
29 proceed in accordance with the provisions of s. 984.09(2) or
30 s. 985.216(2).:
31 (a) For a first offense, order the minor to serve up
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Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 to 5 days in a staff-secure shelter as defined in chapter 984
2 or chapter 985 or, if space in a staff-secure shelter is
3 unavailable, in a secure juvenile detention center.
4 (b) For a second or subsequent offense, the court may
5 order a minor to serve up to 15 days in a staff-secure shelter
6 or, if space in a staff-secure shelter is unavailable, in a
7 secure juvenile detention center.
8 Section 12. Paragraph (a) of subsection (8) of section
9 216.136, Florida Statutes, is amended to read:
10 216.136 Consensus estimating conferences; duties and
11 principals.--
12 (8) JUVENILE JUSTICE ESTIMATING CONFERENCE.--
13 (a) Duties.--The Juvenile Justice Estimating
14 Conference shall develop such official information relating to
15 the juvenile justice system of the state as is determined by
16 the conference principals to be needed for the state planning
17 and budgeting system. This information shall include, but is
18 not limited to: estimates of juvenile delinquency caseloads
19 and workloads; estimates for secure, nonsecure, and home
20 juvenile detention placements and for the use of detention
21 supervision through the use of electronic monitoring;
22 estimates of workloads in the juvenile sections in the offices
23 of the state attorneys and public defenders; estimates of
24 mental health and substance abuse treatment relating to
25 juveniles; and such other information as is determined by the
26 conference principals to be needed for the state planning and
27 budgeting system.
28 Section 13. Subsection (5) of section 984.14, Florida
29 Statutes, is amended to read:
30 984.14 Shelter placement; hearing.--
31 (5) Except as provided under s. 984.225, A child in
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 need of services or a child from a family in need of services
2 may not be placed in a shelter for longer than 35 days.
3 Section 14. Subsection (1) of section 985.207, Florida
4 Statutes, is amended to read:
5 985.207 Taking a child into custody.--
6 (1) A child may be taken into custody under the
7 following circumstances:
8 (a) Pursuant to an order of the circuit court issued
9 under this part, based upon sworn testimony, either before or
10 after a petition is filed.
11 (b) For a delinquent act or violation of law, pursuant
12 to Florida law pertaining to a lawful arrest. If such
13 delinquent act or violation of law would be a felony if
14 committed by an adult or involves a crime of violence, the
15 arresting authority shall immediately notify the district
16 school superintendent, or the superintendent's designee, of
17 the school district with educational jurisdiction of the
18 child. Such notification shall include other education
19 providers such as the Florida School for the Deaf and the
20 Blind, university developmental research schools, and private
21 elementary and secondary schools. The information obtained by
22 the superintendent of schools pursuant to this section must be
23 released within 48 hours after receipt to appropriate school
24 personnel, including the principal of the child's school, or
25 as otherwise provided by law. The principal must immediately
26 notify the child's immediate classroom teachers. Information
27 provided by an arresting authority pursuant to this paragraph
28 may not be placed in the student's permanent record and shall
29 be removed from all school records no later than 9 months
30 after the date of the arrest.
31 (c) By a law enforcement officer for failing to appear
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Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 at a court hearing after being properly noticed.
2 (d) By a law enforcement officer who has probable
3 cause to believe that the child is in violation of the
4 conditions of the child's court-ordered detention supervision,
5 probation, home detention, postcommitment probation, or
6 conditional release supervision or that the child has escaped
7 from commitment.
8
9 Nothing in this subsection shall be construed to allow the
10 detention of a child who does not meet the detention criteria
11 in s. 985.215.
12 Section 15. Subsection (1), paragraph (b) of
13 subsection (2), and paragraph (a) of subsection (3) of section
14 985.213, Florida Statutes, are amended to read:
15 985.213 Use of detention.--
16 (1) All determinations and court orders regarding the
17 use of secure, nonsecure, or home detention care or the use of
18 detention supervision through electronic monitoring in
19 conjunction with a court-ordered condition of confinement to a
20 designated residence during designated hours shall be based
21 primarily upon findings that the child:
22 (a) Presents a substantial risk of not appearing at a
23 subsequent hearing;
24 (b) Presents a substantial risk of inflicting bodily
25 harm on others as evidenced by recent behavior;
26 (c) Presents a history of committing a property
27 offense prior to adjudication, disposition, or placement;
28 (d) Has committed contempt of court by:
29 1. Intentionally disrupting the administration of the
30 court;
31 2. Intentionally disobeying a court order; or
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1 3. Engaging in a punishable act or speech in the
2 court's presence which shows disrespect for the authority and
3 dignity of the court; or
4 (e) Requests protection from imminent bodily harm.
5 (2)
6 (b)1. The risk assessment instrument for detention
7 care placement determinations and orders shall be developed by
8 the Department of Juvenile Justice in agreement with
9 representatives appointed by the following associations: the
10 Conference of Circuit Judges of Florida, the Prosecuting
11 Attorneys Association, the Public Defenders Association, the
12 Florida Sheriffs Association, and the Florida Association of
13 Chiefs of Police. Each association shall appoint two
14 individuals, one representing an urban area and one
15 representing a rural area. The parties involved shall
16 evaluate and revise the risk assessment instrument as is
17 considered necessary using the method for revision as agreed
18 by the parties. The risk assessment instrument shall take into
19 consideration, but need not be limited to, prior history of
20 failure to appear, prior offenses, offenses committed pending
21 adjudication, any unlawful possession of a firearm, theft of a
22 motor vehicle or possession of a stolen motor vehicle, and
23 probation status at the time the child is taken into custody.
24 The risk assessment instrument shall also take into
25 consideration appropriate aggravating and mitigating
26 circumstances, and shall be designed to target a narrower
27 population of children than s. 985.215(2). The risk assessment
28 instrument shall also include any information concerning the
29 child's history of abuse and neglect. The risk assessment
30 shall indicate whether detention care is warranted, and, if
31 detention care is warranted, whether the child should be
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Amendment No. 01 (for drafter's use only)
1 placed into secure, nonsecure, or home detention care or under
2 detention supervision through electronic monitoring in
3 conjunction with a court-ordered condition of confinement to a
4 designated residence during designated hours.
5 2. If, at the detention hearing, the court finds a
6 material error in the scoring of the risk assessment
7 instrument, the court may amend the score to reflect factual
8 accuracy.
9 3. A child who is charged with committing an offense
10 of domestic violence as defined in s. 741.28(1) and who does
11 not meet detention criteria may be held in secure detention if
12 the court makes specific written findings that:
13 a. Respite care for the child is not available; and
14 b. It is necessary to place the child in secure
15 detention in order to protect the victim from injury.
16
17 The child may not be held in secure detention under this
18 subparagraph for more than 48 hours unless ordered by the
19 court. After 48 hours, the court shall hold a hearing if the
20 state attorney or victim requests that secure detention be
21 continued. The child may continue to be held in detention care
22 if the court makes a specific, written finding that detention
23 care is necessary to protect the victim from injury. However,
24 the child may not be held in detention care beyond the time
25 limits set forth in s. 985.215.
26 4. For a child who is under the supervision of the
27 department or a designated agent of the department through
28 electronic monitoring in conjunction with a court-ordered
29 condition of confinement to a designated residence during
30 designated hours, probation, home detention, nonsecure
31 detention, conditional release, postcommitment probation, or
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Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 commitment and who is charged with committing a new offense,
2 the risk assessment instrument may be completed and scored
3 based on the underlying charge for which the child was placed
4 under such the supervision of the department and the new
5 offense.
6 (3)(a) While a child who is currently enrolled in
7 school is under detention supervision through electronic
8 monitoring in conjunction with a condition of confinement to a
9 designated residence during designated hours in nonsecure or
10 home detention care, the child shall continue to attend school
11 unless otherwise ordered by the court.
12 Section 16. Subsection (1) of section 985.214, Florida
13 Statutes, is amended to read:
14 985.214 Prohibited uses of detention.--
15 (1) A child alleged to have committed a delinquent act
16 or violation of law may not be placed into secure, nonsecure,
17 or home detention care or placed under the supervision of the
18 department through electronic monitoring in conjunction with a
19 court-ordered condition of confinement to a designated
20 residence during designated hours for any of the following
21 reasons:
22 (a) To allow a parent to avoid his or her legal
23 responsibility.
24 (b) To permit more convenient administrative access to
25 the child.
26 (c) To facilitate further interrogation or
27 investigation.
28 (d) Due to a lack of more appropriate facilities.
29 Section 17. Subsections (1) and (2), paragraphs (a),
30 (c), and (d) of subsection (5), paragraph (a) of subsection
31 (6), subsections (8) and (9), paragraphs (a) and (b) of
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 subsection (10), and paragraph (b) of subsection (11) of
2 section 985.215, Florida Statutes, are amended to read:
3 985.215 Detention.--
4 (1) The juvenile probation officer shall receive
5 custody of a child who has been taken into custody from the
6 law enforcement agency and shall review the facts in the law
7 enforcement report or probable cause affidavit and make such
8 further inquiry as may be necessary to determine whether
9 detention care is required.
10 (a) During the period of time from the taking of the
11 child into custody to the date of the detention hearing, the
12 initial decision as to the child's placement into secure
13 detention care or in detention supervision through the use of
14 electronic monitoring in conjunction with a condition of
15 confinement to a designated residence during designated hours,
16 nonsecure detention care, or home detention care shall be made
17 by the juvenile probation officer pursuant to ss. 985.213 and
18 985.214.
19 (b) The juvenile probation officer shall base the
20 decision whether or not to place the child into secure
21 detention care or in detention supervision through the use of
22 electronic monitoring in conjunction with a condition of
23 confinement to a designated residence during designated hours,
24 home detention care, or nonsecure detention care on an
25 assessment of risk in accordance with the risk assessment
26 instrument and procedures developed by the Department of
27 Juvenile Justice under s. 985.213. However, a child charged
28 with possessing or discharging a firearm on school property in
29 violation of s. 790.115 shall be placed in secure detention
30 care.
31 (c) If the juvenile probation officer determines that
18
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 a child who is eligible for detention based upon the results
2 of the risk assessment instrument should be released, the
3 juvenile probation officer shall contact the state attorney,
4 who may authorize release. If detention is not authorized, the
5 child may be released by the juvenile probation officer in
6 accordance with s. 985.211.
7
8 Under no circumstances shall the juvenile probation officer or
9 the state attorney or law enforcement officer authorize the
10 detention of any child in a jail or other facility intended or
11 used for the detention of adults, without an order of the
12 court.
13 (2) Subject to the provisions of subsection (1), a
14 child taken into custody and placed into detention supervision
15 through the use of electronic monitoring in conjunction with a
16 condition of confinement to a designated residence during
17 designated hours nonsecure or home detention care or detained
18 in secure detention care prior to a detention hearing may
19 continue to be detained by the court if:
20 (a) The child is alleged to be an escapee or an
21 absconder from a commitment program, a probation program, or
22 conditional release supervision, or is alleged to have escaped
23 while being lawfully transported to or from such program or
24 supervision.
25 (b) The child is wanted in another jurisdiction for an
26 offense which, if committed by an adult, would be a felony.
27 (c) The child is charged with a delinquent act or
28 violation of law and requests in writing through legal counsel
29 to be detained for protection from an imminent physical threat
30 to his or her personal safety.
31 (d) The child is charged with committing an offense of
19
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 domestic violence as defined in s. 741.28(1) and is detained
2 as provided in s. 985.213(2)(b)3.
3 (e) The child is charged with possession or
4 discharging a firearm on school property in violation of s.
5 790.115.
6 (f) The child is charged with a capital felony, a life
7 felony, a felony of the first degree, a felony of the second
8 degree that does not involve a violation of chapter 893, or a
9 felony of the third degree that is also a crime of violence,
10 including any such offense involving the use or possession of
11 a firearm.
12 (g) The child is charged with any second degree or
13 third degree felony involving a violation of chapter 893 or
14 any third degree felony that is not also a crime of violence,
15 and the child:
16 1. Has a record of failure to appear at court hearings
17 after being properly notified in accordance with the Rules of
18 Juvenile Procedure;
19 2. Has a record of law violations prior to court
20 hearings;
21 3. Has already been detained or has been released and
22 is awaiting final disposition of the case;
23 4. Has a record of violent conduct resulting in
24 physical injury to others; or
25 5. Is found to have been in possession of a firearm.
26 (h) The child is alleged to have violated the
27 conditions of the child's probation or conditional release
28 supervision and qualifies to be held in secure detention
29 pursuant to the provisions of s. 985.213(2)(b)4. Otherwise,
30 such However, a child detained under this paragraph may be
31 held only in a consequence unit as provided in s.
20
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 985.231(1)(a)1.c. If a consequence unit is not available, the
2 child shall be placed on home detention supervision with
3 electronic monitoring.
4 (i) The child is detained on a judicial order for
5 failure to appear and has previously willfully failed to
6 appear, after proper notice, for an adjudicatory hearing on
7 the same case regardless of the results of the risk assessment
8 instrument. A child may be held in secure detention for up to
9 72 hours in advance of the next scheduled court hearing
10 pursuant to this paragraph. The child's failure to keep the
11 clerk of court and defense counsel informed of a current and
12 valid mailing address where the child will receive notice to
13 appear at court proceedings does not provide an adequate
14 ground for excusal of the child's nonappearance at the
15 hearings.
16 (j) The child is detained on a judicial order for
17 failure to appear and has previously willfully failed to
18 appear, after proper notice, at two or more court hearings of
19 any nature on the same case regardless of the results of the
20 risk assessment instrument. A child may be held in secure
21 detention for up to 72 hours in advance of the next scheduled
22 court hearing pursuant to this paragraph. The child's failure
23 to keep the clerk of court and defense counsel informed of a
24 current and valid mailing address where the child will receive
25 notice to appear at court proceedings does not provide an
26 adequate ground for excusal of the child's nonappearance at
27 the hearings.
28
29 A child who meets any of these criteria and who is ordered to
30 be detained pursuant to this subsection shall be given a
31 hearing within 24 hours after being taken into custody. The
21
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 purpose of the detention hearing is to determine the existence
2 of probable cause that the child has committed the delinquent
3 act or violation of law with which he or she is charged and
4 the need for continued detention. Unless a child is detained
5 under paragraph (d) or paragraph (e), the court shall utilize
6 the results of the risk assessment performed by the juvenile
7 probation officer and, based on the criteria in this
8 subsection, shall determine the need for continued detention.
9 A child placed into secure, nonsecure, or home detention care
10 or in detention supervision through the use of electronic
11 monitoring in conjunction with a condition of confinement to a
12 designated residence during designated hours may continue to
13 be so detained by the court pursuant to this subsection. If
14 the court orders a placement more restrictive than indicated
15 by the results of the risk assessment instrument, the court
16 shall state, in writing, clear and convincing reasons for such
17 placement. Except as provided in s. 790.22(8) or in
18 subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),
19 or paragraph (10)(d), when a child is placed into secure or
20 nonsecure detention care, or into a respite home or other
21 placement pursuant to a court order following a hearing, the
22 court order must include specific instructions that direct the
23 release of the child from such placement no later than 5 p.m.
24 on the last day of the detention period specified in paragraph
25 (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,
26 whichever is applicable, unless the requirements of such
27 applicable provision have been met or an order of continuance
28 has been granted pursuant to paragraph (5)(f).
29 (5)(a) A child may not be placed into or held in
30 secure, nonsecure, or home detention care or under detention
31 supervision through the use of electronic monitoring in
22
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 conjunction with a condition of confinement to a designated
2 residence during designated hours for longer than 24 hours
3 unless the court orders such detention care or supervision,
4 and the order includes specific instructions that direct the
5 release of the child from such detention care, in accordance
6 with subsection (2). The order shall be a final order,
7 reviewable by appeal pursuant to s. 985.234 and the Florida
8 Rules of Appellate Procedure. Appeals of such orders shall
9 take precedence over other appeals and other pending matters.
10 (c) Except as provided in paragraph (g), a child may
11 not be held in secure, nonsecure, or home detention care or
12 under detention supervision through the use of electronic
13 monitoring in conjunction with a condition of confinement to a
14 designated residence during designated hours under a special
15 detention order for more than 21 days unless an adjudicatory
16 hearing for the case has been commenced in good faith by the
17 court.
18 (d) Except as provided in paragraph (g), a child may
19 not be held in secure, nonsecure, or home detention care or
20 under detention supervision through the use of electronic
21 monitoring in conjunction with a condition of confinement to a
22 designated residence during designated hours for more than 15
23 days following the entry of an order of adjudication.
24 (6)(a) When any child is placed in secure, nonsecure,
25 or home detention care, in detention supervision through the
26 use of electronic monitoring in conjunction with a condition
27 of confinement to a designated residence during designated
28 hours, or into other placement pursuant to a court order
29 following a detention hearing, the court shall order the
30 parents or guardians of such child to pay to the Department of
31 Juvenile Justice fees in the amount of $5 per day that the
23
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 child is under the care or supervision of the department in
2 order to partially offset the cost of the care, support,
3 maintenance, and other usual and ordinary obligations of
4 parents to provide for the needs of their children, unless the
5 court makes a finding on the record that the parent or
6 guardian of the child is indigent.
7 (8) If a child is detained pursuant to this section,
8 the Department of Juvenile Justice may transfer the child from
9 detention supervision through the use of electronic monitoring
10 in conjunction with a condition of confinement to a designated
11 residence during designated hours nonsecure or home detention
12 care to secure detention care only if significantly changed
13 circumstances warrant such transfer.
14 (9) If a child is on release status and not detained
15 pursuant to this section, the child may be placed into secure,
16 nonsecure, or home detention care or into detention
17 supervision through the use of electronic monitoring in
18 conjunction with a condition of confinement to a designated
19 residence during designated hours only pursuant to a court
20 hearing in which the original risk assessment instrument,
21 rescored based on newly discovered evidence or changed
22 circumstances with the results recommending detention, is
23 introduced into evidence.
24 (10)(a)1. When a child is committed to the Department
25 of Juvenile Justice awaiting dispositional placement, removal
26 of the child from detention care shall occur within 5 days,
27 excluding Saturdays, Sundays, and legal holidays. Any child
28 held in secure detention during the 5 days must meet detention
29 admission criteria pursuant to this section. If the child is
30 committed to a moderate-risk residential program, the
31 department may seek an order from the court authorizing
24
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 continued detention for a specific period of time necessary
2 for the appropriate residential placement of the child.
3 However, such continued detention in secure detention care may
4 not exceed 15 days after commitment, excluding Saturdays,
5 Sundays, and legal holidays, and except as otherwise provided
6 in this subsection.
7 2. The court must place all children who are
8 adjudicated and awaiting placement in a residential commitment
9 program in detention care. Children who are not subject to an
10 order of placement into secure detention care may be placed
11 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 in home detention
14 care or nonsecure detention care may be placed on electronic
15 monitoring.
16 (b) A child who is placed in detention supervision
17 through the use of electronic monitoring in conjunction with a
18 condition of confinement to a designated residence during
19 designated hours home detention care, nonsecure detention
20 care, or home or nonsecure detention care with electronic
21 monitoring, while awaiting placement in a low-risk or
22 moderate-risk program, may be held in secure detention care
23 for 5 days, if the child violates the conditions of such
24 monitoring or confinement the home detention care, the
25 nonsecure detention care, or the electronic monitoring
26 agreement. For any subsequent violation, the court may impose
27 an additional 5 days in secure detention care.
28 (11)
29 (b) When a juvenile sexual offender, pursuant to this
30 subsection, is released from detention care or supervision, or
31 is transferred from secure detention to detention supervision
25
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 through the use of electronic monitoring in conjunction with a
2 condition of confinement to a designated residence during
3 designated hours home detention or nonsecure detention,
4 detention staff shall immediately notify the appropriate law
5 enforcement agency and school personnel.
6 Section 18. Paragraph (a) of subsection (1) of section
7 985.231, Florida Statutes, is amended to read:
8 985.231 Powers of disposition in delinquency cases.--
9 (1)(a) The court that has jurisdiction of an
10 adjudicated delinquent child may, by an order stating the
11 facts upon which a determination of a sanction and
12 rehabilitative program was made at the disposition hearing:
13 1. Place the child in a probation program or a
14 postcommitment probation program under the supervision of an
15 authorized agent of the Department of Juvenile Justice or of
16 any other person or agency specifically authorized and
17 appointed by the court, whether in the child's own home, in
18 the home of a relative of the child, or in some other suitable
19 place under such reasonable conditions as the court may
20 direct. A probation program for an adjudicated delinquent
21 child must include a penalty component such as restitution in
22 money or in kind, community service, a curfew, revocation or
23 suspension of the driver's license of the child, or other
24 nonresidential punishment appropriate to the offense and must
25 also include a rehabilitative program component such as a
26 requirement of participation in substance abuse treatment or
27 in school or other educational program. If the child is
28 attending or is eligible to attend public school and the court
29 finds that the victim or a sibling of the victim in the case
30 is attending or may attend the same school as the child, the
31 court placement order shall include a finding pursuant to the
26
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 proceedings described in s. 985.23(1)(d). Upon the
2 recommendation of the department at the time of disposition,
3 or subsequent to disposition pursuant to the filing of a
4 petition alleging a violation of the child's conditions of
5 postcommitment probation, the court may order the child to
6 submit to random testing for the purpose of detecting and
7 monitoring the use of alcohol or controlled substances.
8 a. A restrictiveness level classification scale for
9 levels of supervision shall be provided by the department,
10 taking into account the child's needs and risks relative to
11 probation supervision requirements to reasonably ensure the
12 public safety. Probation programs for children shall be
13 supervised by the department or by any other person or agency
14 specifically authorized by the court. These programs must
15 include, but are not limited to, structured or restricted
16 activities as described in this subparagraph, and shall be
17 designed to encourage the child toward acceptable and
18 functional social behavior. If supervision or a program of
19 community service is ordered by the court, the duration of
20 such supervision or program must be consistent with any
21 treatment and rehabilitation needs identified for the child
22 and may not exceed the term for which sentence could be
23 imposed if the child were committed for the offense, except
24 that the duration of such supervision or program for an
25 offense that is a misdemeanor of the second degree, or is
26 equivalent to a misdemeanor of the second degree, may be for a
27 period not to exceed 6 months. When restitution is ordered by
28 the court, the amount of restitution may not exceed an amount
29 the child and the parent or guardian could reasonably be
30 expected to pay or make. A child who participates in any work
31 program under this part is considered an employee of the state
27
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 for purposes of liability, unless otherwise provided by law.
2 b. The court may conduct judicial review hearings for
3 a child placed on probation for the purpose of fostering
4 accountability to the judge and compliance with other
5 requirements, such as restitution and community service. The
6 court may allow early termination of probation for a child who
7 has substantially complied with the terms and conditions of
8 probation.
9 c. If the conditions of the probation program or the
10 postcommitment probation program are violated, the department
11 or the state attorney may bring the child before the court on
12 a petition alleging a violation of the program. Any child who
13 violates the conditions of probation or postcommitment
14 probation must be brought before the court if sanctions are
15 sought. A child taken into custody under s. 985.207 for
16 violating the conditions of probation or postcommitment
17 probation shall be held pursuant to the provisions of s.
18 985.215(2)(h) in a consequence unit if such a unit is
19 available. The child shall be afforded a hearing within 24
20 hours after being taken into custody to determine the
21 existence of probable cause that the child violated the
22 conditions of probation or postcommitment probation. A
23 consequence unit is a secure facility specifically designated
24 by the department for children who are taken into custody
25 under s. 985.207 for violating probation or postcommitment
26 probation, or who have been found by the court to have
27 violated the conditions of probation or postcommitment
28 probation. If the violation involves a new charge of
29 delinquency, the child may be detained under s. 985.215 in a
30 facility other than a consequence unit. If the child is not
31 eligible for detention for the new charge of delinquency, the
28
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 child may be held in the consequence unit pending a hearing
2 and is subject to the time limitations specified in s.
3 985.215. If the child denies violating the conditions of
4 probation or postcommitment probation, the court shall appoint
5 counsel to represent the child at the child's request. Upon
6 the child's admission, or if the court finds after a hearing
7 that the child has violated the conditions of probation or
8 postcommitment probation, the court shall enter an order
9 revoking, modifying, or continuing probation or postcommitment
10 probation. In each such case, the court shall enter a new
11 disposition order and, in addition to the sanctions set forth
12 in this paragraph, may impose any sanction the court could
13 have imposed at the original disposition hearing. If the child
14 is found to have violated the conditions of probation or
15 postcommitment probation, the court may:
16 (I) Place the child in a secure detention facility
17 consequence unit in that judicial circuit, if available, for
18 up to 5 days for a first violation, and up to 15 days for a
19 second or subsequent violation.
20 (II) Place the child in detention supervision through
21 electronic monitoring in conjunction with a condition of
22 confinement to a designated residence during designated hours
23 on home detention with electronic monitoring. However, this
24 sanction may be used only if a residential consequence unit is
25 not available.
26 (III) Modify or continue the child's probation program
27 or postcommitment probation program.
28 (IV) Revoke probation or postcommitment probation and
29 commit the child to the department.
30 d. Notwithstanding s. 743.07 and paragraph (d), and
31 except as provided in s. 985.31, the term of any order placing
29
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 a child in a probation program must be until the child's 19th
2 birthday unless he or she is released by the court, on the
3 motion of an interested party or on its own motion.
4 2. Commit the child to a licensed child-caring agency
5 willing to receive the child, but the court may not commit the
6 child to a jail or to a facility used primarily as a detention
7 center or facility or shelter.
8 3. Commit the child to the Department of Juvenile
9 Justice at a residential commitment level defined in s.
10 985.03. Such commitment must be for the purpose of exercising
11 active control over the child, including, but not limited to,
12 custody, care, training, urine monitoring, and treatment of
13 the child and release of the child into the community in a
14 postcommitment nonresidential conditional release program. If
15 the child is eligible to attend public school following
16 residential commitment and the court finds that the victim or
17 a sibling of the victim in the case is or may be attending the
18 same school as the child, the commitment order shall include a
19 finding pursuant to the proceedings described in s.
20 985.23(1)(d). If the child is not successful in the
21 conditional release program, the department may use the
22 transfer procedure under s. 985.404. Notwithstanding s. 743.07
23 and paragraph (d), and except as provided in s. 985.31, the
24 term of the commitment must be until the child is discharged
25 by the department or until he or she reaches the age of 21.
26 4. Revoke or suspend the driver's license of the
27 child.
28 5. Require the child and, if the court finds it
29 appropriate, the child's parent or guardian together with the
30 child, to render community service in a public service
31 program.
30
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 6. As part of the probation program to be implemented
2 by the Department of Juvenile Justice, or, in the case of a
3 committed child, as part of the community-based sanctions
4 ordered by the court at the disposition hearing or before the
5 child's release from commitment, order the child to make
6 restitution in money, through a promissory note cosigned by
7 the child's parent or guardian, or in kind for any damage or
8 loss caused by the child's offense in a reasonable amount or
9 manner to be determined by the court. The clerk of the circuit
10 court shall be the receiving and dispensing agent. In such
11 case, the court shall order the child or the child's parent or
12 guardian to pay to the office of the clerk of the circuit
13 court an amount not to exceed the actual cost incurred by the
14 clerk as a result of receiving and dispensing restitution
15 payments. The clerk shall notify the court if restitution is
16 not made, and the court shall take any further action that is
17 necessary against the child or the child's parent or guardian.
18 A finding by the court, after a hearing, that the parent or
19 guardian has made diligent and good faith efforts to prevent
20 the child from engaging in delinquent acts absolves the parent
21 or guardian of liability for restitution under this
22 subparagraph.
23 7. Order the child and, if the court finds it
24 appropriate, the child's parent or guardian together with the
25 child, to participate in a community work project, either as
26 an alternative to monetary restitution or as part of the
27 rehabilitative or probation program.
28 8. Commit the child to the Department of Juvenile
29 Justice for placement in a program or facility for serious or
30 habitual juvenile offenders in accordance with s. 985.31. Any
31 commitment of a child to a program or facility for serious or
31
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 habitual juvenile offenders must be for an indeterminate
2 period of time, but the time may not exceed the maximum term
3 of imprisonment that an adult may serve for the same offense.
4 The court may retain jurisdiction over such child until the
5 child reaches the age of 21, specifically for the purpose of
6 the child completing the program.
7 9. In addition to the sanctions imposed on the child,
8 order the parent or guardian of the child to perform community
9 service if the court finds that the parent or guardian did not
10 make a diligent and good faith effort to prevent the child
11 from engaging in delinquent acts. The court may also order the
12 parent or guardian to make restitution in money or in kind for
13 any damage or loss caused by the child's offense. The court
14 shall determine a reasonable amount or manner of restitution,
15 and payment shall be made to the clerk of the circuit court as
16 provided in subparagraph 6.
17 10. Subject to specific appropriation, commit the
18 juvenile sexual offender to the Department of Juvenile Justice
19 for placement in a program or facility for juvenile sexual
20 offenders in accordance with s. 985.308. Any commitment of a
21 juvenile sexual offender to a program or facility for juvenile
22 sexual offenders must be for an indeterminate period of time,
23 but the time may not exceed the maximum term of imprisonment
24 that an adult may serve for the same offense. The court may
25 retain jurisdiction over a juvenile sexual offender until the
26 juvenile sexual offender reaches the age of 21, specifically
27 for the purpose of completing the program.
28 Section 19. Paragraph (a) of subsection (10) of
29 section 985.404, Florida Statutes, is amended to read:
30 985.404 Administering the juvenile justice
31 continuum.--
32
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 (10)(a) The department shall operate a statewide,
2 regionally administered system of detention services for
3 children, in accordance with a comprehensive plan for the
4 regional administration of all detention services in the
5 state. The plan must provide for the maintenance of adequate
6 availability of detention services for all counties. The plan
7 must cover all the department's operating circuits, with each
8 operating circuit having a secure facility and detention
9 supervision services that include the use of electronic
10 monitoring nonsecure and home detention programs, and the plan
11 may be altered or modified by the Department of Juvenile
12 Justice as necessary.
13 Section 20. Section 985.4075, Florida Statutes, is
14 amended to read:
15 985.4075 One-time startup funding for juvenile justice
16 purposes.--Funds from juvenile justice appropriations may be
17 utilized as one-time startup funding for juvenile justice
18 purposes that include, but are not limited to, remodeling or
19 renovation of existing facilities, construction costs, leasing
20 costs, purchase of equipment and furniture, site development,
21 and other necessary and reasonable costs associated with the
22 startup of facilities or programs. However, any expenditures
23 for fixed capital outlay may only be made from a fixed capital
24 outlay appropriation category as defined in s. 216.011(1)(p)
25 and consistent with the intent of the appropriation.
26 Section 21. This act shall take effect January 1,
27 2002.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
33
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 On page ,
2 remove the entire title of the bill:
3
4 and insert in lieu thereof:
5 A bill to be entitled
6 An act relating to juvenile justice; amending
7 s. 984.03, F.S., and repealing subsection (51),
8 relating to the definition of the term
9 "staff-secure shelter"; revising definitions
10 relating to detention; amending s. 985.03,
11 F.S., and repealing subsection (52), relating
12 to the definition of the term "staff-secure
13 shelter"; revising definitions relating to
14 detention; amending s. 984.12, F.S., limiting
15 the circumstances in which case staffings must
16 occur; amending s. 984.14, F.S., to repeal
17 subsection (8), relating to placement of a
18 child in need of services into a staff-secure
19 facility, to conform; amending s. 984.15, F.S.,
20 limiting the circumstances under which a
21 petition for a child in need of services may be
22 filed; amending s. 984.225, F.S., revising
23 certain powers relating to disposition and
24 placement of a child in need of services in a
25 shelter; repealing s. 984.226, F.S., relating
26 to placement of a child in need of services in
27 a physically secure shelter; amending ss.
28 984.09 and 985.216, F.S., relating to placement
29 in a secure facility for contempt of court, to
30 conform; amending ss. 316.635 and 318.143,
31 F.S., relating to certain infractions by minors
34
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HOUSE AMENDMENT
Bill No. HB 63-C
Amendment No. 01 (for drafter's use only)
1 constituting contempt of court, to conform;
2 amending s. 216.136, F.S., relating to duties
3 of the Juvenile Justice Estimating Conference,
4 to conform; amending s. 984.14, F.S.; deleting
5 a cross reference, to conform; amending ss.
6 985.207, 985.213, 985.214, 985.215, and
7 985.404, F.S., relating to detention, to
8 conform; amending s. 985.231, F.S., relating to
9 powers of disposition in delinquency cases;
10 eliminating reference to consequence units, to
11 conform to changes in detention care and
12 supervision; amending s. 985.4075; clarifying
13 circumstances in which funds from juvenile
14 justice appropriations may be utilized as
15 one-time startup funding; providing effective
16 date.
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File original & 9 copies 11/29/01
hjj0005 11:35 am C0063-0029-353149