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19  repealed, and subsections (52) through (56) are renumbered as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
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    File original & 9 copies    11/29/01                          
    hjj0005                     11:35 am         C0063-0029-353149

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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 3 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT 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 4 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT 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 5 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 6 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 7 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 8 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 9 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 10 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 11 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT 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 12 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 13 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT 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 14 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT Bill No. HB 63-C Amendment No. 01 (for drafter's use only) 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 15 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT Bill No. HB 63-C 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 16 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
HOUSE AMENDMENT 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 17 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149
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. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 35 File original & 9 copies 11/29/01 hjj0005 11:35 am C0063-0029-353149