HB 1741 2003
1	A bill to be entitled
2	An act relating to juvenile sentencing; amending s.
3	985.231, F.S.; authorizing a judge to sentence a
4	delinquent child to a specific commitment program or
5	facility of the Department of Juvenile Justice; reenacting
6	ss. 985.201(4)(a), 985.233(4)(b), 985.31(3)(e) and (k),
7	and 985.311(3)(e), F.S., to incorporate by reference the
8	amendment to s. 985.231, F.S.; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Paragraph (a) of subsection (1) of section
14	985.231, Florida Statutes, is amended and paragraph (c) of
15	subsection (1) and paragraphs (h) and (i) of subsection (3) of
16	said section are reenacted, to read:
17	985.231 Powers of disposition in delinquency cases.--
18	(1)(a) The court that has jurisdiction of an adjudicated
19	delinquent child may, by an order stating the facts upon which a
20	determination of a sanction and rehabilitative program was made
21	at the disposition hearing:
22	1. Place the child in a probation program or a
23	postcommitment probation program under the supervision of an
24	authorized agent of the Department of Juvenile Justice or of any
25	other person or agency specifically authorized and appointed by
26	the court, whether in the child's own home, in the home of a
27	relative of the child, or in some other suitable place under
28	such reasonable conditions as the court may direct. A probation
29	program for an adjudicated delinquent child must include a
30	penalty component such as restitution in money or in kind,
31	community service, a curfew, revocation or suspension of the
32	driver's license of the child, or other nonresidential
33	punishment appropriate to the offense and must also include a
34	rehabilitative program component such as a requirement of
35	participation in substance abuse treatment or in school or other
36	educational program. If the child is attending or is eligible to
37	attend public school and the court finds that the victim or a
38	sibling of the victim in the case is attending or may attend the
39	same school as the child, the court placement order shall
40	include a finding pursuant to the proceedings described in s.
41	985.23(1)(d). Upon the recommendation of the department at the
42	time of disposition, or subsequent to disposition pursuant to
43	the filing of a petition alleging a violation of the child's
44	conditions of postcommitment probation, the court may order the
45	child to submit to random testing for the purpose of detecting
46	and monitoring the use of alcohol or controlled substances.
47	a. A restrictiveness level classification scale for levels
48	of supervision shall be provided by the department, taking into
49	account the child's needs and risks relative to probation
50	supervision requirements to reasonably ensure the public safety.
51	Probation programs for children shall be supervised by the
52	department or by any other person or agency specifically
53	authorized by the court. These programs must include, but are
54	not limited to, structured or restricted activities as described
55	in this subparagraph, and shall be designed to encourage the
56	child toward acceptable and functional social behavior. If
57	supervision or a program of community service is ordered by the
58	court, the duration of such supervision or program must be
59	consistent with any treatment and rehabilitation needs
60	identified for the child and may not exceed the term for which
61	sentence could be imposed if the child were committed for the
62	offense, except that the duration of such supervision or program
63	for an offense that is a misdemeanor of the second degree, or is
64	equivalent to a misdemeanor of the second degree, may be for a
65	period not to exceed 6 months. When restitution is ordered by
66	the court, the amount of restitution may not exceed an amount
67	the child and the parent or guardian could reasonably be
68	expected to pay or make. A child who participates in any work
69	program under this part is considered an employee of the state
70	for purposes of liability, unless otherwise provided by law.
71	b. The court may conduct judicial review hearings for a
72	child placed on probation for the purpose of fostering
73	accountability to the judge and compliance with other
74	requirements, such as restitution and community service. The
75	court may allow early termination of probation for a child who
76	has substantially complied with the terms and conditions of
77	probation.
78	c. If the conditions of the probation program or the
79	postcommitment probation program are violated, the department or
80	the state attorney may bring the child before the court on a
81	petition alleging a violation of the program. Any child who
82	violates the conditions of probation or postcommitment probation
83	must be brought before the court if sanctions are sought. A
84	child taken into custody under s. 985.207 for violating the
85	conditions of probation or postcommitment probation shall be
86	held in a consequence unit if such a unit is available. The
87	child shall be afforded a hearing within 24 hours after being
88	taken into custody to determine the existence of probable cause
89	that the child violated the conditions of probation or
90	postcommitment probation. A consequence unit is a secure
91	facility specifically designated by the department for children
92	who are taken into custody under s. 985.207 for violating
93	probation or postcommitment probation, or who have been found by
94	the court to have violated the conditions of probation or
95	postcommitment probation. If the violation involves a new charge
96	of delinquency, the child may be detained under s. 985.215 in a
97	facility other than a consequence unit. If the child is not
98	eligible for detention for the new charge of delinquency, the
99	child may be held in the consequence unit pending a hearing and
100	is subject to the time limitations specified in s. 985.215. If
101	the child denies violating the conditions of probation or
102	postcommitment probation, the court shall appoint counsel to
103	represent the child at the child's request. Upon the child's
104	admission, or if the court finds after a hearing that the child
105	has violated the conditions of probation or postcommitment
106	probation, the court shall enter an order revoking, modifying,
107	or continuing probation or postcommitment probation. In each
108	such case, the court shall enter a new disposition order and, in
109	addition to the sanctions set forth in this paragraph, may
110	impose any sanction the court could have imposed at the original
111	disposition hearing. If the child is found to have violated the
112	conditions of probation or postcommitment probation, the court
113	may:
114	(I) Place the child in a consequence unit in that judicial
115	circuit, if available, for up to 5 days for a first violation,
116	and up to 15 days for a second or subsequent violation.
117	(II) Place the child on home detention with electronic
118	monitoring. However, this sanction may be used only if a
119	residential consequence unit is not available.
120	(III) Modify or continue the child's probation program or
121	postcommitment probation program.
122	(IV) Revoke probation or postcommitment probation and
123	commit the child to the department.
124	d. Notwithstanding s. 743.07 and paragraph (d), and except
125	as provided in s. 985.31, the term of any order placing a child
126	in a probation program must be until the child's 19th birthday
127	unless he or she is released by the court, on the motion of an
128	interested party or on its own motion.
129	2. Commit the child to a licensed child-caring agency
130	willing to receive the child, but the court may not commit the
131	child to a jail or to a facility used primarily as a detention
132	center or facility or shelter.
133	3. Commit the child to the Department of Juvenile Justice
134	at a residential commitment level defined in s. 985.03. The
135	court may, in its discretion, specify a program or facility
136	within the commitment level to which the child has been ordered.
137	Such commitment must be for the purpose of exercising active
138	control over the child, including, but not limited to, custody,
139	care, training, urine monitoring, and treatment of the child and
140	release of the child into the community in a postcommitment
141	nonresidential conditional release program. If the child is
142	eligible to attend public school following residential
143	commitment and the court finds that the victim or a sibling of
144	the victim in the case is or may be attending the same school as
145	the child, the commitment order shall include a finding pursuant
146	to the proceedings described in s. 985.23(1)(d). If the child is
147	not successful in the conditional release program, the
148	department may use the transfer procedure under s. 985.404.
149	Notwithstanding s. 743.07 and paragraph (d), and except as
150	provided in s. 985.31, the term of the commitment must be until
151	the child is discharged by the department or until he or she
152	reaches the age of 21.
153	4. Revoke or suspend the driver's license of the child.
154	5. Require the child and, if the court finds it
155	appropriate, the child's parent or guardian together with the
156	child, to render community service in a public service program.
157	6. As part of the probation program to be implemented by
158	the Department of Juvenile Justice, or, in the case of a
159	committed child, as part of the community-based sanctions
160	ordered by the court at the disposition hearing or before the
161	child's release from commitment, order the child to make
162	restitution in money, through a promissory note cosigned by the
163	child's parent or guardian, or in kind for any damage or loss
164	caused by the child's offense in a reasonable amount or manner
165	to be determined by the court. The clerk of the circuit court
166	shall be the receiving and dispensing agent. In such case, the
167	court shall order the child or the child's parent or guardian to
168	pay to the office of the clerk of the circuit court an amount
169	not to exceed the actual cost incurred by the clerk as a result
170	of receiving and dispensing restitution payments. The clerk
171	shall notify the court if restitution is not made, and the court
172	shall take any further action that is necessary against the
173	child or the child's parent or guardian. A finding by the court,
174	after a hearing, that the parent or guardian has made diligent
175	and good faith efforts to prevent the child from engaging in
176	delinquent acts absolves the parent or guardian of liability for
177	restitution under this subparagraph.
178	7. Order the child and, if the court finds it appropriate,
179	the child's parent or guardian together with the child, to
180	participate in a community work project, either as an
181	alternative to monetary restitution or as part of the
182	rehabilitative or probation program.
183	8. Commit the child to the Department of Juvenile Justice
184	for placement in a program or facility for serious or habitual
185	juvenile offenders in accordance with s. 985.31. Any commitment
186	of a child to a program or facility for serious or habitual
187	juvenile offenders must be for an indeterminate period of time,
188	but the time may not exceed the maximum term of imprisonment
189	that an adult may serve for the same offense. The court may
190	retain jurisdiction over such child until the child reaches the
191	age of 21, specifically for the purpose of the child completing
192	the program.
193	9. In addition to the sanctions imposed on the child,
194	order the parent or guardian of the child to perform community
195	service if the court finds that the parent or guardian did not
196	make a diligent and good faith effort to prevent the child from
197	engaging in delinquent acts. The court may also order the parent
198	or guardian to make restitution in money or in kind for any
199	damage or loss caused by the child's offense. The court shall
200	determine a reasonable amount or manner of restitution, and
201	payment shall be made to the clerk of the circuit court as
202	provided in subparagraph 6.
203	10. Subject to specific appropriation, commit the juvenile
204	sexual offender to the Department of Juvenile Justice for
205	placement in a program or facility for juvenile sexual offenders
206	in accordance with s. 985.308. Any commitment of a juvenile
207	sexual offender to a program or facility for juvenile sexual
208	offenders must be for an indeterminate period of time, but the
209	time may not exceed the maximum term of imprisonment that an
210	adult may serve for the same offense. The court may retain
211	jurisdiction over a juvenile sexual offender until the juvenile
212	sexual offender reaches the age of 21, specifically for the
213	purpose of completing the program.
214	(c) Any order made pursuant to paragraph (a) shall be in
215	writing as prepared by the clerk of court and may thereafter be
216	modified or set aside by the court.
217	(3) Following a delinquency adjudicatory hearing pursuant
218	to s. 985.228, the court may on its own or upon request by the
219	state or the department and subject to specific appropriation,
220	determine whether a juvenile sexual offender placement is
221	required for the protection of the public and what would be the
222	best approach to address the treatment needs of the juvenile
223	sexual offender. When the court determines that a juvenile has
224	no history of a recent comprehensive assessment focused on
225	sexually deviant behavior, the court may, subject to specific
226	appropriation, order the department to conduct or arrange for an
227	examination to determine whether the juvenile sexual offender is
228	amenable to community-based treatment.
229	(h) If the juvenile sexual offender violates any condition
230	of the disposition or the court finds that the juvenile sexual
231	offender is failing to make satisfactory progress in treatment,
232	the court may revoke the community-based treatment alternative
233	and order commitment to the department pursuant to subsection
234	(1).
235	(i) If the court determines that the juvenile sexual
236	offender is not amenable to community-based treatment, the court
237	shall proceed with a juvenile sexual offender disposition
238	hearing pursuant to subsection (1).
239	Section 2. For the purpose of incorporating the amendment
240	to section 985.231, Florida Statutes, in references thereto,
241	paragraph (a) of subsection (4) of section 985.201, Florida
242	Statutes, is reenacted to read:
243	985.201 Jurisdiction.--
244	(4)(a) Notwithstanding ss. 743.07, 985.229, 985.23, and
245	985.231, and except as provided in ss. 985.31 and 985.313, when
246	the jurisdiction of any child who is alleged to have committed a
247	delinquent act or violation of law is obtained, the court shall
248	retain jurisdiction, unless relinquished by its order, until the
249	child reaches 19 years of age, with the same power over the
250	child that the court had prior to the child becoming an adult.
251	Section 3. For the purpose of incorporating the amendment
252	to section 985.231, Florida Statutes, in references thereto,
253	paragraph (b) of subsection (4) of section 985.233, Florida
254	Statutes, is reenacted to read:
255	985.233 Sentencing powers; procedures; alternatives for
256	juveniles prosecuted as adults.--
257	(4) SENTENCING ALTERNATIVES.--
258	(b) Sentencing to juvenile sanctions.--For juveniles
259	transferred to adult court but who do not qualify for such
260	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
261	(b), the court may impose juvenile sanctions under this
262	paragraph. If juvenile sentences are imposed, the court shall,
263	pursuant to this paragraph, adjudge the child to have committed
264	a delinquent act. Adjudication of delinquency shall not be
265	deemed a conviction, nor shall it operate to impose any of the
266	civil disabilities ordinarily resulting from a conviction. The
267	court shall impose an adult sanction or a juvenile sanction and
268	may not sentence the child to a combination of adult and
269	juvenile punishments. An adult sanction or a juvenile sanction
270	may include enforcement of an order of restitution or probation
271	previously ordered in any juvenile proceeding. However, if the
272	court imposes a juvenile sanction and the department determines
273	that the sanction is unsuitable for the child, the department
274	shall return custody of the child to the sentencing court for
275	further proceedings, including the imposition of adult
276	sanctions. Upon adjudicating a child delinquent under subsection
277	(1), the court may:
278	1. Place the child in a probation program under the
279	supervision of the department for an indeterminate period of
280	time until the child reaches the age of 19 years or sooner if
281	discharged by order of the court.
282	2. Commit the child to the department for treatment in an
283	appropriate program for children for an indeterminate period of
284	time until the child is 21 or sooner if discharged by the
285	department. The department shall notify the court of its intent
286	to discharge no later than 14 days prior to discharge. Failure
287	of the court to timely respond to the department's notice shall
288	be considered approval for discharge.
289	3. Order disposition pursuant to s. 985.231 as an
290	alternative to youthful offender or adult sentencing if the
291	court determines not to impose youthful offender or adult
292	sanctions.
293
294	It is the intent of the Legislature that the criteria and
295	guidelines in this subsection are mandatory and that a
296	determination of disposition under this subsection is subject to
297	the right of the child to appellate review under s. 985.234.
298	Section 4. For the purpose of incorporating the amendment
299	to section 985.231, Florida Statutes, in references thereto,
300	paragraphs (e) and (k) of subsection (3) of section 985.31,
301	Florida Statutes, are reenacted to read:
302	985.31 Serious or habitual juvenile offender.--
303	(3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
304	TREATMENT.--
305	(e) After a child has been adjudicated delinquent pursuant
306	to s. 985.228, the court shall determine whether the child meets
307	the criteria for a serious or habitual juvenile offender
308	pursuant to s. 985.03(48). If the court determines that the
309	child does not meet such criteria, the provisions of s.
310	985.231(1) shall apply.
311	(k) Any commitment of a child to the department for
312	placement in a serious or habitual juvenile offender program or
313	facility shall be for an indeterminate period of time, but the
314	time shall not exceed the maximum term of imprisonment which an
315	adult may serve for the same offense. Notwithstanding the
316	provisions of ss. 743.07 and 985.231(1)(d), a serious or
317	habitual juvenile offender shall not be held under commitment
318	from a court pursuant to this section, s. 985.231, or s. 985.233
319	after becoming 21 years of age. This provision shall apply only
320	for the purpose of completing the serious or habitual juvenile
321	offender program pursuant to this chapter and shall be used
322	solely for the purpose of treatment.
323	Section 5. For the purpose of incorporating the amendment
324	to section 985.231, Florida Statutes, in references thereto,
325	paragraph (e) of subsection (3) of section 985.311, Florida
326	Statutes, is reenacted to read:
327	985.311 Intensive residential treatment program for
328	offenders less than 13 years of age.--
329	(3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
330	TREATMENT.--
331	(e) After a child has been adjudicated delinquent pursuant
332	to s. 985.228(5), the court shall determine whether the child is
333	eligible for an intensive residential treatment program for
334	offenders less than 13 years of age pursuant to s. 985.03(7). If
335	the court determines that the child does not meet the criteria,
336	the provisions of s. 985.231(1) shall apply.
337	Section 6. This act shall take effect upon becoming a law.