HOUSE AMENDMENT Bill No. HB 1933
1	CHAMBER ACTION
2	Senate House
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12	Representative Barreiro offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 675 and 676, insert:
16	Section 12. Paragraph (a) of subsection (1) of section
17	985.231, Florida Statutes, is amended, and paragraph (c) of
18	subsection (1) and paragraphs (h) and (i) of subsection (3) of
19	said section are reenacted, to read:
20	985.231 Powers of disposition in delinquency cases.--
21	(1)(a) The court that has jurisdiction of an adjudicated
22	delinquent child may, by an order stating the facts upon which a
23	determination of a sanction and rehabilitative program was made
24	at the disposition hearing:
25	1. Place the child in a probation program or a
26	postcommitment probation program under the supervision of an
27	authorized agent of the Department of Juvenile Justice or of any
28	other person or agency specifically authorized and appointed by
29	the court, whether in the child's own home, in the home of a
30	relative of the child, or in some other suitable place under
31	such reasonable conditions as the court may direct. A probation
32	program for an adjudicated delinquent child must include a
33	penalty component such as restitution in money or in kind,
34	community service, a curfew, revocation or suspension of the
35	driver's license of the child, or other nonresidential
36	punishment appropriate to the offense and must also include a
37	rehabilitative program component such as a requirement of
38	participation in substance abuse treatment or in school or other
39	educational program. If the child is attending or is eligible to
40	attend public school and the court finds that the victim or a
41	sibling of the victim in the case is attending or may attend the
42	same school as the child, the court placement order shall
43	include a finding pursuant to the proceedings described in s.
44	985.23(1)(d). Upon the recommendation of the department at the
45	time of disposition, or subsequent to disposition pursuant to
46	the filing of a petition alleging a violation of the child's
47	conditions of postcommitment probation, the court may order the
48	child to submit to random testing for the purpose of detecting
49	and monitoring the use of alcohol or controlled substances.
50	a. A restrictiveness level classification scale for levels
51	of supervision shall be provided by the department, taking into
52	account the child's needs and risks relative to probation
53	supervision requirements to reasonably ensure the public safety.
54	Probation programs for children shall be supervised by the
55	department or by any other person or agency specifically
56	authorized by the court. These programs must include, but are
57	not limited to, structured or restricted activities as described
58	in this subparagraph, and shall be designed to encourage the
59	child toward acceptable and functional social behavior. If
60	supervision or a program of community service is ordered by the
61	court, the duration of such supervision or program must be
62	consistent with any treatment and rehabilitation needs
63	identified for the child and may not exceed the term for which
64	sentence could be imposed if the child were committed for the
65	offense, except that the duration of such supervision or program
66	for an offense that is a misdemeanor of the second degree, or is
67	equivalent to a misdemeanor of the second degree, may be for a
68	period not to exceed 6 months. When restitution is ordered by
69	the court, the amount of restitution may not exceed an amount
70	the child and the parent or guardian could reasonably be
71	expected to pay or make. A child who participates in any work
72	program under this part is considered an employee of the state
73	for purposes of liability, unless otherwise provided by law.
74	b. The court may conduct judicial review hearings for a
75	child placed on probation for the purpose of fostering
76	accountability to the judge and compliance with other
77	requirements, such as restitution and community service. The
78	court may allow early termination of probation for a child who
79	has substantially complied with the terms and conditions of
80	probation.
81	c. If the conditions of the probation program or the
82	postcommitment probation program are violated, the department or
83	the state attorney may bring the child before the court on a
84	petition alleging a violation of the program. Any child who
85	violates the conditions of probation or postcommitment probation
86	must be brought before the court if sanctions are sought. A
87	child taken into custody under s. 985.207 for violating the
88	conditions of probation or postcommitment probation shall be
89	held in a consequence unit if such a unit is available. The
90	child shall be afforded a hearing within 24 hours after being
91	taken into custody to determine the existence of probable cause
92	that the child violated the conditions of probation or
93	postcommitment probation. A consequence unit is a secure
94	facility specifically designated by the department for children
95	who are taken into custody under s. 985.207 for violating
96	probation or postcommitment probation, or who have been found by
97	the court to have violated the conditions of probation or
98	postcommitment probation. If the violation involves a new charge
99	of delinquency, the child may be detained under s. 985.215 in a
100	facility other than a consequence unit. If the child is not
101	eligible for detention for the new charge of delinquency, the
102	child may be held in the consequence unit pending a hearing and
103	is subject to the time limitations specified in s. 985.215. If
104	the child denies violating the conditions of probation or
105	postcommitment probation, the court shall appoint counsel to
106	represent the child at the child's request. Upon the child's
107	admission, or if the court finds after a hearing that the child
108	has violated the conditions of probation or postcommitment
109	probation, the court shall enter an order revoking, modifying,
110	or continuing probation or postcommitment probation. In each
111	such case, the court shall enter a new disposition order and, in
112	addition to the sanctions set forth in this paragraph, may
113	impose any sanction the court could have imposed at the original
114	disposition hearing. If the child is found to have violated the
115	conditions of probation or postcommitment probation, the court
116	may:
117	(I) Place the child in a consequence unit in that judicial
118	circuit, if available, for up to 5 days for a first violation,
119	and up to 15 days for a second or subsequent violation.
120	(II) Place the child on home detention with electronic
121	monitoring. However, this sanction may be used only if a
122	residential consequence unit is not available.
123	(III) Modify or continue the child's probation program or
124	postcommitment probation program.
125	(IV) Revoke probation or postcommitment probation and
126	commit the child to the department.
127	d. Notwithstanding s. 743.07 and paragraph (d), and except
128	as provided in s. 985.31, the term of any order placing a child
129	in a probation program must be until the child's 19th birthday
130	unless he or she is released by the court, on the motion of an
131	interested party or on its own motion.
132	2. Commit the child to a licensed child-caring agency
133	willing to receive the child, but the court may not commit the
134	child to a jail or to a facility used primarily as a detention
135	center or facility or shelter.
136	3. Commit the child to the Department of Juvenile Justice
137	at a residential commitment level defined in s. 985.03. The
138	court may, in its discretion, specify a program or facility
139	within the commitment level to which the child has been ordered.
140	A child ordered committed into a specific low-risk residential
141	program or facility may not be held in secure detention for more
142	than 5 days after the order of commitment, not including
143	Saturdays, Sundays, and legal holidays, while awaiting
144	placement. A child ordered committed to a specific moderate-risk
145	residential program or facility may not be held in secure
146	detention for more than 15 days after the order of commitment,
147	not including Saturdays, Sundays, and legal holidays, while
148	awaiting placement. A child awaiting placement into a specific
149	low-risk or moderate-risk residential program or facility must
150	meet the detention admission criteria provided in s. 985.215. A
151	child ordered committed into a specific high-risk residential or
152	maximum-risk residential program or facility shall be held in
153	secure detention until the placement is accomplished. For a
154	child ordered committed to a high-risk residential or maximum-
155	risk residential program or facility, the department may notify
156	the dispositional judge of alternative placements of the same
157	risk level, as space becomes available, which could be
158	accomplished prior to entry of the child into the court-ordered
159	program or facility. With respect to any court-specified
160	placement, the court may not select a program or facility that
161	is not under contract with the department. If the court finds
162	that the planned vacancies at the program or facility specified
163	by the court are insufficient to allow for the placement of the
164	child within 45 days after the commitment order, the court must
165	select a program or facility of the same commitment risk level
166	from at least three alternative placements provided by the
167	department.Such commitment must be for the purpose of
168	exercising active control over the child, including, but not
169	limited to, custody, care, training, urine monitoring, and
170	treatment of the child and release of the child into the
171	community in a postcommitment nonresidential conditional release
172	program. If the child is eligible to attend public school
173	following residential commitment and the court finds that the
174	victim or a sibling of the victim in the case is or may be
175	attending the same school as the child, the commitment order
176	shall include a finding pursuant to the proceedings described in
177	s. 985.23(1)(d). If the child is not successful in the
178	conditional release program, the department may use the transfer
179	procedure under s. 985.404. Notwithstanding s. 743.07 and
180	paragraph (d), and except as provided in s. 985.31, the term of
181	the commitment must be until the child is discharged by the
182	department or until he or she reaches the age of 21.
183	4. Revoke or suspend the driver's license of the child.
184	5. Require the child and, if the court finds it
185	appropriate, the child's parent or guardian together with the
186	child, to render community service in a public service program.
187	6. As part of the probation program to be implemented by
188	the Department of Juvenile Justice, or, in the case of a
189	committed child, as part of the community-based sanctions
190	ordered by the court at the disposition hearing or before the
191	child's release from commitment, order the child to make
192	restitution in money, through a promissory note cosigned by the
193	child's parent or guardian, or in kind for any damage or loss
194	caused by the child's offense in a reasonable amount or manner
195	to be determined by the court. The clerk of the circuit court
196	shall be the receiving and dispensing agent. In such case, the
197	court shall order the child or the child's parent or guardian to
198	pay to the office of the clerk of the circuit court an amount
199	not to exceed the actual cost incurred by the clerk as a result
200	of receiving and dispensing restitution payments. The clerk
201	shall notify the court if restitution is not made, and the court
202	shall take any further action that is necessary against the
203	child or the child's parent or guardian. A finding by the court,
204	after a hearing, that the parent or guardian has made diligent
205	and good faith efforts to prevent the child from engaging in
206	delinquent acts absolves the parent or guardian of liability for
207	restitution under this subparagraph.
208	7. Order the child and, if the court finds it appropriate,
209	the child's parent or guardian together with the child, to
210	participate in a community work project, either as an
211	alternative to monetary restitution or as part of the
212	rehabilitative or probation program.
213	8. Commit the child to the Department of Juvenile Justice
214	for placement in a program or facility for serious or habitual
215	juvenile offenders in accordance with s. 985.31. Any commitment
216	of a child to a program or facility for serious or habitual
217	juvenile offenders must be for an indeterminate period of time,
218	but the time may not exceed the maximum term of imprisonment
219	that an adult may serve for the same offense. The court may
220	retain jurisdiction over such child until the child reaches the
221	age of 21, specifically for the purpose of the child completing
222	the program.
223	9. In addition to the sanctions imposed on the child,
224	order the parent or guardian of the child to perform community
225	service if the court finds that the parent or guardian did not
226	make a diligent and good faith effort to prevent the child from
227	engaging in delinquent acts. The court may also order the parent
228	or guardian to make restitution in money or in kind for any
229	damage or loss caused by the child's offense. The court shall
230	determine a reasonable amount or manner of restitution, and
231	payment shall be made to the clerk of the circuit court as
232	provided in subparagraph 6.
233	10. Subject to specific appropriation, commit the juvenile
234	sexual offender to the Department of Juvenile Justice for
235	placement in a program or facility for juvenile sexual offenders
236	in accordance with s. 985.308. Any commitment of a juvenile
237	sexual offender to a program or facility for juvenile sexual
238	offenders must be for an indeterminate period of time, but the
239	time may not exceed the maximum term of imprisonment that an
240	adult may serve for the same offense. The court may retain
241	jurisdiction over a juvenile sexual offender until the juvenile
242	sexual offender reaches the age of 21, specifically for the
243	purpose of completing the program.
244	(c) Any order made pursuant to paragraph (a) shall be in
245	writing as prepared by the clerk of court and may thereafter be
246	modified or set aside by the court.
247	(3) Following a delinquency adjudicatory hearing pursuant
248	to s. 985.228, the court may on its own or upon request by the
249	state or the department and subject to specific appropriation,
250	determine whether a juvenile sexual offender placement is
251	required for the protection of the public and what would be the
252	best approach to address the treatment needs of the juvenile
253	sexual offender. When the court determines that a juvenile has
254	no history of a recent comprehensive assessment focused on
255	sexually deviant behavior, the court may, subject to specific
256	appropriation, order the department to conduct or arrange for an
257	examination to determine whether the juvenile sexual offender is
258	amenable to community-based treatment.
259	(h) If the juvenile sexual offender violates any condition
260	of the disposition or the court finds that the juvenile sexual
261	offender is failing to make satisfactory progress in treatment,
262	the court may revoke the community-based treatment alternative
263	and order commitment to the department pursuant to subsection
264	(1).
265	(i) If the court determines that the juvenile sexual
266	offender is not amenable to community-based treatment, the court
267	shall proceed with a juvenile sexual offender disposition
268	hearing pursuant to subsection (1).
269	Section 13. For the purpose of incorporating the amendment
270	to section 985.231, Florida Statutes, in references thereto,
271	paragraph (a) of subsection (4) of section 985.201, Florida
272	Statutes, is reenacted to read:
273	985.201 Jurisdiction.--
274	(4)(a) Notwithstanding ss. 743.07, 985.229, 985.23, and
275	985.231, and except as provided in ss. 985.31 and 985.313, when
276	the jurisdiction of any child who is alleged to have committed a
277	delinquent act or violation of law is obtained, the court shall
278	retain jurisdiction, unless relinquished by its order, until the
279	child reaches 19 years of age, with the same power over the
280	child that the court had prior to the child becoming an adult.
281	Section 14. For the purpose of incorporating the amendment
282	to section 985.231, Florida Statutes, in references thereto,
283	paragraph (b) of subsection (4) of section 985.233, Florida
284	Statutes, is reenacted to read:
285	985.233 Sentencing powers; procedures; alternatives for
286	juveniles prosecuted as adults.--
287	(4) SENTENCING ALTERNATIVES.--
288	(b) Sentencing to juvenile sanctions.--For juveniles
289	transferred to adult court but who do not qualify for such
290	transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
291	(b), the court may impose juvenile sanctions under this
292	paragraph. If juvenile sentences are imposed, the court shall,
293	pursuant to this paragraph, adjudge the child to have committed
294	a delinquent act. Adjudication of delinquency shall not be
295	deemed a conviction, nor shall it operate to impose any of the
296	civil disabilities ordinarily resulting from a conviction. The
297	court shall impose an adult sanction or a juvenile sanction and
298	may not sentence the child to a combination of adult and
299	juvenile punishments. An adult sanction or a juvenile sanction
300	may include enforcement of an order of restitution or probation
301	previously ordered in any juvenile proceeding. However, if the
302	court imposes a juvenile sanction and the department determines
303	that the sanction is unsuitable for the child, the department
304	shall return custody of the child to the sentencing court for
305	further proceedings, including the imposition of adult
306	sanctions. Upon adjudicating a child delinquent under subsection
307	(1), the court may:
308	1. Place the child in a probation program under the
309	supervision of the department for an indeterminate period of
310	time until the child reaches the age of 19 years or sooner if
311	discharged by order of the court.
312	2. Commit the child to the department for treatment in an
313	appropriate program for children for an indeterminate period of
314	time until the child is 21 or sooner if discharged by the
315	department. The department shall notify the court of its intent
316	to discharge no later than 14 days prior to discharge. Failure
317	of the court to timely respond to the department's notice shall
318	be considered approval for discharge.
319	3. Order disposition pursuant to s. 985.231 as an
320	alternative to youthful offender or adult sentencing if the
321	court determines not to impose youthful offender or adult
322	sanctions.
323
324	It is the intent of the Legislature that the criteria and
325	guidelines in this subsection are mandatory and that a
326	determination of disposition under this subsection is subject to
327	the right of the child to appellate review under s. 985.234.
328	Section 15. For the purpose of incorporating the amendment
329	to section 985.231, Florida Statutes, in references thereto,
330	paragraphs (e) and (k) of subsection (3) of section 985.31,
331	Florida Statutes, are reenacted to read:
332	985.31 Serious or habitual juvenile offender.--
333	(3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
334	TREATMENT.--
335	(e) After a child has been adjudicated delinquent pursuant
336	to s. 985.228, the court shall determine whether the child meets
337	the criteria for a serious or habitual juvenile offender
338	pursuant to s. 985.03(48). If the court determines that the
339	child does not meet such criteria, the provisions of s.
340	985.231(1) shall apply.
341	(k) Any commitment of a child to the department for
342	placement in a serious or habitual juvenile offender program or
343	facility shall be for an indeterminate period of time, but the
344	time shall not exceed the maximum term of imprisonment which an
345	adult may serve for the same offense. Notwithstanding the
346	provisions of ss. 743.07 and 985.231(1)(d), a serious or
347	habitual juvenile offender shall not be held under commitment
348	from a court pursuant to this section, s. 985.231, or s. 985.233
349	after becoming 21 years of age. This provision shall apply only
350	for the purpose of completing the serious or habitual juvenile
351	offender program pursuant to this chapter and shall be used
352	solely for the purpose of treatment.
353	Section 16. For the purpose of incorporating the amendment
354	to section 985.231, Florida Statutes, in references thereto,
355	paragraph (e) of subsection (3) of section 985.311, Florida
356	Statutes, is reenacted to read:
357	985.311 Intensive residential treatment program for
358	offenders less than 13 years of age.--
359	(3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
360	TREATMENT.--
361	(e) After a child has been adjudicated delinquent pursuant
362	to s. 985.228(5), the court shall determine whether the child is
363	eligible for an intensive residential treatment program for
364	offenders less than 13 years of age pursuant to s. 985.03(7). If
365	the court determines that the child does not meet the criteria,
366	the provisions of s. 985.231(1) shall apply.
367
368	================= T I T L E A M E N D M E N T =================
369	Remove line(s) 40, and insert:
370	providing for retroactive application; amending s. 985.231,
371	F.S.; authorizing a judge to sentence a delinquent child to a
372	specific commitment program or facility of the Department of
373	Juvenile Justice; specifying time limits to hold a child in
374	secure detention while awaiting placement into a specific
375	program or facility ordered by the court; reenacting ss.
376	985.201(4)(a), 985.233(4)(b), 985.31(3)(e) and (k), and
377	985.311(3)(e), F.S., to incorporate by reference the amendment
378	to s. 985.231, F.S.; providing an