Senate Bill sb1900
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Florida Senate - 2003 SB 1900
By Senator Fasano
11-1428-03
1 A bill to be entitled
2 An act relating to juvenile sentencing;
3 amending s. 985.231, F.S.; authorizing a trial
4 judge to sentence a delinquent child to a
5 specific commitment program or facility within
6 the Department of Juvenile Justice; providing
7 an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (1) of section
12 985.231, Florida Statutes, is amended to read:
13 985.231 Powers of disposition in delinquency cases.--
14 (1)(a) The court that has jurisdiction of an
15 adjudicated delinquent child may, by an order stating the
16 facts upon which a determination of a sanction and
17 rehabilitative program was made at the disposition hearing:
18 1. Place the child in a probation program or a
19 postcommitment probation program under the supervision of an
20 authorized agent of the Department of Juvenile Justice or of
21 any other person or agency specifically authorized and
22 appointed by the court, whether in the child's own home, in
23 the home of a relative of the child, or in some other suitable
24 place under such reasonable conditions as the court may
25 direct. A probation program for an adjudicated delinquent
26 child must include a penalty component such as restitution in
27 money or in kind, community service, a curfew, revocation or
28 suspension of the driver's license of the child, or other
29 nonresidential punishment appropriate to the offense and must
30 also include a rehabilitative program component such as a
31 requirement of participation in substance abuse treatment or
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Florida Senate - 2003 SB 1900
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1 in school or other educational program. If the child is
2 attending or is eligible to attend public school and the court
3 finds that the victim or a sibling of the victim in the case
4 is attending or may attend the same school as the child, the
5 court placement order shall include a finding pursuant to the
6 proceedings described in s. 985.23(1)(d). Upon the
7 recommendation of the department at the time of disposition,
8 or subsequent to disposition pursuant to the filing of a
9 petition alleging a violation of the child's conditions of
10 postcommitment probation, the court may order the child to
11 submit to random testing for the purpose of detecting and
12 monitoring the use of alcohol or controlled substances.
13 a. A restrictiveness level classification scale for
14 levels of supervision shall be provided by the department,
15 taking into account the child's needs and risks relative to
16 probation supervision requirements to reasonably ensure the
17 public safety. Probation programs for children shall be
18 supervised by the department or by any other person or agency
19 specifically authorized by the court. These programs must
20 include, but are not limited to, structured or restricted
21 activities as described in this subparagraph, and shall be
22 designed to encourage the child toward acceptable and
23 functional social behavior. If supervision or a program of
24 community service is ordered by the court, the duration of
25 such supervision or program must be consistent with any
26 treatment and rehabilitation needs identified for the child
27 and may not exceed the term for which sentence could be
28 imposed if the child were committed for the offense, except
29 that the duration of such supervision or program for an
30 offense that is a misdemeanor of the second degree, or is
31 equivalent to a misdemeanor of the second degree, may be for a
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Florida Senate - 2003 SB 1900
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1 period not to exceed 6 months. When restitution is ordered by
2 the court, the amount of restitution may not exceed an amount
3 the child and the parent or guardian could reasonably be
4 expected to pay or make. A child who participates in any work
5 program under this part is considered an employee of the state
6 for purposes of liability, unless otherwise provided by law.
7 b. The court may conduct judicial review hearings for
8 a child placed on probation for the purpose of fostering
9 accountability to the judge and compliance with other
10 requirements, such as restitution and community service. The
11 court may allow early termination of probation for a child who
12 has substantially complied with the terms and conditions of
13 probation.
14 c. If the conditions of the probation program or the
15 postcommitment probation program are violated, the department
16 or the state attorney may bring the child before the court on
17 a petition alleging a violation of the program. Any child who
18 violates the conditions of probation or postcommitment
19 probation must be brought before the court if sanctions are
20 sought. A child taken into custody under s. 985.207 for
21 violating the conditions of probation or postcommitment
22 probation shall be held in a consequence unit if such a unit
23 is available. The child shall be afforded a hearing within 24
24 hours after being taken into custody to determine the
25 existence of probable cause that the child violated the
26 conditions of probation or postcommitment probation. A
27 consequence unit is a secure facility specifically designated
28 by the department for children who are taken into custody
29 under s. 985.207 for violating probation or postcommitment
30 probation, or who have been found by the court to have
31 violated the conditions of probation or postcommitment
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1 probation. If the violation involves a new charge of
2 delinquency, the child may be detained under s. 985.215 in a
3 facility other than a consequence unit. If the child is not
4 eligible for detention for the new charge of delinquency, the
5 child may be held in the consequence unit pending a hearing
6 and is subject to the time limitations specified in s.
7 985.215. If the child denies violating the conditions of
8 probation or postcommitment probation, the court shall appoint
9 counsel to represent the child at the child's request. Upon
10 the child's admission, or if the court finds after a hearing
11 that the child has violated the conditions of probation or
12 postcommitment probation, the court shall enter an order
13 revoking, modifying, or continuing probation or postcommitment
14 probation. In each such case, the court shall enter a new
15 disposition order and, in addition to the sanctions set forth
16 in this paragraph, may impose any sanction the court could
17 have imposed at the original disposition hearing. If the child
18 is found to have violated the conditions of probation or
19 postcommitment probation, the court may:
20 (I) Place the child in a consequence unit in that
21 judicial circuit, if available, for up to 5 days for a first
22 violation, and up to 15 days for a second or subsequent
23 violation.
24 (II) Place the child on home detention with electronic
25 monitoring. However, this sanction may be used only if a
26 residential consequence unit is not available.
27 (III) Modify or continue the child's probation program
28 or postcommitment probation program.
29 (IV) Revoke probation or postcommitment probation and
30 commit the child to the department.
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1 d. Notwithstanding s. 743.07 and paragraph (d), and
2 except as provided in s. 985.31, the term of any order placing
3 a child in a probation program must be until the child's 19th
4 birthday unless he or she is released by the court, on the
5 motion of an interested party or on its own motion.
6 2. Commit the child to a licensed child-caring agency
7 willing to receive the child, but the court may not commit the
8 child to a jail or to a facility used primarily as a detention
9 center or facility or shelter.
10 3. Commit the child to the Department of Juvenile
11 Justice at a residential commitment level defined in s.
12 985.03. The court may in its discretion specify a program or
13 facility within the commitment level to which the child has
14 been ordered. Such commitment must be for the purpose of
15 exercising active control over the child, including, but not
16 limited to, custody, care, training, urine monitoring, and
17 treatment of the child and release of the child into the
18 community in a postcommitment nonresidential conditional
19 release program. If the child is eligible to attend public
20 school following residential commitment and the court finds
21 that the victim or a sibling of the victim in the case is or
22 may be attending the same school as the child, the commitment
23 order shall include a finding pursuant to the proceedings
24 described in s. 985.23(1)(d). If the child is not successful
25 in the conditional release program, the department may use the
26 transfer procedure under s. 985.404. Notwithstanding s. 743.07
27 and paragraph (d), and except as provided in s. 985.31, the
28 term of the commitment must be until the child is discharged
29 by the department or until he or she reaches the age of 21.
30 4. Revoke or suspend the driver's license of the
31 child.
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1 5. Require the child and, if the court finds it
2 appropriate, the child's parent or guardian together with the
3 child, to render community service in a public service
4 program.
5 6. As part of the probation program to be implemented
6 by the Department of Juvenile Justice, or, in the case of a
7 committed child, as part of the community-based sanctions
8 ordered by the court at the disposition hearing or before the
9 child's release from commitment, order the child to make
10 restitution in money, through a promissory note cosigned by
11 the child's parent or guardian, or in kind for any damage or
12 loss caused by the child's offense in a reasonable amount or
13 manner to be determined by the court. The clerk of the circuit
14 court shall be the receiving and dispensing agent. In such
15 case, the court shall order the child or the child's parent or
16 guardian to pay to the office of the clerk of the circuit
17 court an amount not to exceed the actual cost incurred by the
18 clerk as a result of receiving and dispensing restitution
19 payments. The clerk shall notify the court if restitution is
20 not made, and the court shall take any further action that is
21 necessary against the child or the child's parent or guardian.
22 A finding by the court, after a hearing, that the parent or
23 guardian has made diligent and good faith efforts to prevent
24 the child from engaging in delinquent acts absolves the parent
25 or guardian of liability for restitution under this
26 subparagraph.
27 7. Order the child and, if the court finds it
28 appropriate, the child's parent or guardian together with the
29 child, to participate in a community work project, either as
30 an alternative to monetary restitution or as part of the
31 rehabilitative or probation program.
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Florida Senate - 2003 SB 1900
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1 8. Commit the child to the Department of Juvenile
2 Justice for placement in a program or facility for serious or
3 habitual juvenile offenders in accordance with s. 985.31. Any
4 commitment of a child to a program or facility for serious or
5 habitual juvenile offenders must be for an indeterminate
6 period of time, but the time may not exceed the maximum term
7 of imprisonment that an adult may serve for the same offense.
8 The court may retain jurisdiction over such child until the
9 child reaches the age of 21, specifically for the purpose of
10 the child completing the program.
11 9. In addition to the sanctions imposed on the child,
12 order the parent or guardian of the child to perform community
13 service if the court finds that the parent or guardian did not
14 make a diligent and good faith effort to prevent the child
15 from engaging in delinquent acts. The court may also order the
16 parent or guardian to make restitution in money or in kind for
17 any damage or loss caused by the child's offense. The court
18 shall determine a reasonable amount or manner of restitution,
19 and payment shall be made to the clerk of the circuit court as
20 provided in subparagraph 6.
21 10. Subject to specific appropriation, commit the
22 juvenile sexual offender to the Department of Juvenile Justice
23 for placement in a program or facility for juvenile sexual
24 offenders in accordance with s. 985.308. Any commitment of a
25 juvenile sexual offender to a program or facility for juvenile
26 sexual offenders must be for an indeterminate period of time,
27 but the time may not exceed the maximum term of imprisonment
28 that an adult may serve for the same offense. The court may
29 retain jurisdiction over a juvenile sexual offender until the
30 juvenile sexual offender reaches the age of 21, specifically
31 for the purpose of completing the program.
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1 Section 2. This act shall take effect upon becoming a
2 law.
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5 SENATE SUMMARY
6 Authorizes a trial judge to sentence a delinquent child
to a specific commitment program or facility within the
7 Department of Juvenile Justice.
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