HB 1007

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to sentencing juveniles; amending s.
8	985.227, F.S.; prohibiting the state attorney from
9	entering into certain agreements involving the prosecution
10	of juvenile offenders; amending s. 985.233, F.S.;
11	providing that juveniles may be sentenced to juvenile
12	sanctions or to a combination of juvenile and adult
13	sanctions; directing the Department of Juvenile Justice to
14	give the sentencing court a written report if it
15	determines a juvenile sanction to be inappropriate for a
16	child; providing a procedure for those instances when the
17	Department of Juvenile Justice proposes to discharge the
18	child from a juvenile probation, juvenile commitment, or
19	juvenile postcommitment probation program before he or she
20	becomes 21 years of age; providing additional procedures
21	in circumstances where placement in a juvenile commitment
22	program is a condition of sentence to a Department of
23	Corrections adult probation program; requiring the
24	Department of Juvenile Justice to notify the sentencing
25	court of its intent to discharge the child no later than
26	30 days before discharge; directing the department to file
27	such notice in writing with the clerk of the court;
28	directing the department to give a copy of the notice to
29	specified persons; providing that a proposed discharge
30	will be construed as approved if the sentencing court or
31	state attorney fails to object to the discharge; directing
32	the sentencing court to consider the educational needs of
33	the child; requiring the court to prepare findings as to
34	the child's educational needs; authorizing the court to
35	order that certain specified educational goals be met;
36	reenacting s. 985.04(5)(c) and (d), F.S., relating to the
37	release of information concerning certain juveniles, for
38	the purpose of incorporating the amendment to s. 985.227,
39	F.S., in references thereto; reenacting ss. 985.225(3) and
40	(4)(a), 985.226(1) and (4)(a), 985.227(2)(d) and (3)(a)
41	and (c), and 985.31(3)(k), F.S., relating to sentencing of
42	juveniles pursuant to indictment, sentencing of juveniles
43	pursuant to waiver of jurisdiction, sentencing of
44	juveniles pursuant to direct file proceedings, and the
45	commitment of certain juvenile offenders, respectively,
46	for the purpose of incorporating the amendment to s.
47	985.233, F.S., in references thereto; providing an
48	effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Subsection (1) of section 985.227, Florida
53	Statutes, is amended, and for the purpose of incorporating the
54	amendment to section 985.233, Florida Statutes, in references
55	thereto, paragraph (d) of subsection (2) and paragraphs (a) and
56	(c) of subsection (3) of section 985.227, Florida Statutes, are
57	reenacted, to read:
58	985.227  Prosecution of juveniles as adults by the direct
59	filing of an information in the criminal division of the circuit
60	court; discretionary criteria; mandatory criteria.--
61	(1)  DISCRETIONARY DIRECT FILE; CRITERIA.--
62	(a)  With respect to any child who was 14 or 15 years of
63	age at the time the alleged offense was committed, the state
64	attorney may file an information when in the state attorney's
65	judgment and discretion the public interest requires that adult
66	sanctions be considered or imposed and when the offense charged
67	is for the commission of, attempt to commit, or conspiracy to
68	commit:
69	1.  Arson;
70	2.  Sexual battery;
71	3.  Robbery;
72	4.  Kidnapping;
73	5.  Aggravated child abuse;
74	6.  Aggravated assault;
75	7.  Aggravated stalking;
76	8.  Murder;
77	9.  Manslaughter;
78	10.  Unlawful throwing, placing, or discharging of a
79	destructive device or bomb;
80	11.  Armed burglary in violation of s. 810.02(2)(b) or
81	specified burglary of a dwelling or structure in violation of s.
82	810.02(2)(c), or burglary with an assault or battery in
83	violation of s. 810.02(2)(a);
84	12.  Aggravated battery;
85	13.  Any lewd or lascivious offense committed upon or in
86	the presence of a person less than 16 years of age;
87	14.  Carrying, displaying, using, threatening, or
88	attempting to use a weapon or firearm during the commission of a
89	felony;
90	15.  Grand theft in violation of s. 812.014(2)(a);
91	16.  Possessing or discharging any weapon or firearm on
92	school property in violation of s. 790.115;
93	17.  Home invasion robbery;
94	18.  Carjacking; or
95	19.  Grand theft of a motor vehicle in violation of s.
96	812.014(2)(c)6. or grand theft of a motor vehicle valued at
97	$20,000 or more in violation of s. 812.014(2)(b) if the child
98	has a previous adjudication for grand theft of a motor vehicle
99	in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
100	(b)  With respect to any child who was 16 or 17 years of
101	age at the time the alleged offense was committed, the state
102	attorney may file an information when in the state attorney's
103	judgment and discretion the public interest requires that adult
104	sanctions be considered or imposed. However, the state attorney
105	may not file an information on a child charged with a
106	misdemeanor, unless the child has had at least two previous
107	adjudications or adjudications withheld for delinquent acts, one
108	of which involved an offense classified as a felony under state
109	law.
110	(c)  The state attorney is prohibited from offering to
111	decline the prosecution of a juvenile as an adult in exchange
112	for the child's agreement to waive his or her right to release
113	from secure detention under the time limitations provided in s.
114	985.215(5).
115	(2)  MANDATORY DIRECT FILE.--
116	(d)1.  With respect to any child who was 16 or 17 years of
117	age at the time the alleged offense was committed, the state
118	attorney shall file an information if the child has been charged
119	with committing or attempting to commit an offense listed in s.
120	775.087(2)(a)1.a.-q., and, during the commission of or attempt
121	to commit the offense, the child:
122	a.  Actually possessed a firearm or destructive device, as
123	those terms are defined in s. 790.001.
124	b.  Discharged a firearm or destructive device, as
125	described in s. 775.087(2)(a)2.
126	c.  Discharged a firearm or destructive device, as
127	described in s. 775.087(2)(a)3., and, as a result of the
128	discharge, death or great bodily harm was inflicted upon any
129	person.
130	2.  Upon transfer, any child who is:
131	a.  Charged pursuant to sub-subparagraph 1.a. and who has
132	been previously adjudicated or had adjudication withheld for a
133	forcible felony offense or any offense involving a firearm, or
134	who has been previously placed in a residential commitment
135	program, shall be subject to sentencing under s. 775.087(2)(a),
136	notwithstanding s. 985.233.
137	b.  Charged pursuant to sub-subparagraph 1.b. or sub-
138	subparagraph 1.c., shall be subject to sentencing under s.
139	775.087(2)(a), notwithstanding s. 985.233.
140	3.  Upon transfer, any child who is charged pursuant to
141	this paragraph, but who does not meet the requirements specified
142	in subparagraph 2., shall be sentenced pursuant to s. 985.233;
143	however, if the court imposes a juvenile sanction, the court
144	must commit the child to a high-risk or maximum-risk juvenile
145	facility.
146	4.  This paragraph shall not apply if the state attorney
147	has good cause to believe that exceptional circumstances exist
148	which preclude the just prosecution of the child in adult court.
149	5.  The Department of Corrections shall make every
150	reasonable effort to ensure that any child 16 or 17 years of age
151	who is convicted and sentenced under this paragraph be
152	completely separated such that there is no physical contact with
153	adult offenders in the facility, to the extent that it is
154	consistent with chapter 958.
155	(3)  EFFECT OF DIRECT FILE.--
156	(a)  Once a child has been transferred for criminal
157	prosecution pursuant to an information and has been found to
158	have committed the presenting offense or a lesser included
159	offense, the child shall be handled thereafter in every respect
160	as if an adult for any subsequent violation of state law, unless
161	the court imposes juvenile sanctions under s. 985.233.
162	(c)  When a child has been transferred for criminal
163	prosecution as an adult and has been found to have committed a
164	violation of state law, the disposition of the case may be made
165	under s. 985.233 and may include the enforcement of any
166	restitution ordered in any juvenile proceeding.
167	Section 2.  Paragraph (b) of subsection (4) of section
168	985.233, Florida Statutes, is amended to read:
169	985.233  Sentencing powers; procedures; alternatives for
170	juveniles prosecuted as adults.--
171	(4)  SENTENCING ALTERNATIVES.--
172	(b)  Sentencing to juvenile sanctions.--For juveniles
173	transferred to adult court but who do not qualify for such
174	transfer under pursuant to s. 985.226(2)(b) or s. 985.227(2)(a)
175	or (b), the court may impose juvenile sanctions under this
176	paragraph. If juvenile sentences are imposed, the court shall,
177	under pursuant to this paragraph, adjudge the child to have
178	committed a delinquent act. Adjudication of delinquency shall
179	not be deemed a conviction, nor shall it operate to impose any
180	of the civil disabilities ordinarily resulting from a
181	conviction. The court shall impose an adult sanction or a
182	juvenile sanction or and may not sentence the child to a
183	combination of adult and juvenile sanctions punishments. An
184	adult sanction or A juvenile sanction, or a combination of adult
185	and juvenile sanctions, may include enforcement of an order of
186	restitution or probation previously ordered in any juvenile
187	proceeding. However, if the court imposes a juvenile sanction
188	and the department determines that the sanction is inappropriate
189	unsuitable for the child, the department shall provide the
190	sentencing court with a written report outlining the basis for
191	its objections to the juvenile sanction and shall simultaneously
192	provide a copy to the state attorney and the child's defense
193	counsel. The department shall return custody of the child to the
194	sentencing court for further proceedings, including the
195	imposition of a combination of adult and juvenile sanctions or
196	adult sanctions.
197	1.  Upon adjudicating a child delinquent under subsection
198	(1), the court may:
199	a.1.  Place the child in a probation program under the
200	supervision of the department for an indeterminate period of
201	time until the child reaches the age of 21 19 years or sooner if
202	discharged by the department order of the court. If, at any time
203	before the child becomes 21 years of age, the department
204	proposes to discharge the child from a probation program, the
205	department shall notify the sentencing court of its intent to
206	discharge the child no later than 30 days before discharge. The
207	department shall file a written notice of its proposal with the
208	clerk of the court and give a copy of the written notice to the
209	sentencing judge, the state attorney, the Department of
210	Corrections, and the child's defense counsel at the time it
211	files the notice with the clerk of the court. Failure of the
212	sentencing court or the state attorney to object to the
213	department's notice of discharge within the 30-day time period
214	shall be construed as approval of the proposed discharge. If
215	there is no objection, the clerk of the court shall note on the
216	court file that the case is closed.
217	b.2.  Commit the child to the department for treatment in
218	an appropriate program for children for an indeterminate period
219	of time until the child reaches the age of is 21 or sooner if
220	discharged by the department. If, at any time before the child
221	becomes 21 years of age, the department proposes to discharge
222	the child from a commitment or postcommitment probation program,
223	the department shall notify the sentencing court of its intent
224	to discharge the child no later than 30 14 days before prior to
225	discharge. The department shall file a written notice of its
226	proposal with the clerk of the court and give a copy of the
227	written notice to the sentencing judge, the state attorney, the
228	Department of Corrections, and the child's defense counsel at
229	the time it files the notice with the clerk of the court.
230	Failure of the sentencing court or the state attorney to object
231	within the 30-day time limit timely respond to the department's
232	notice shall be considered approval for discharge. If there is
233	no objection, the clerk of the court shall close the case.
234	c.  Place the child on probation under the supervision of
235	the Department of Corrections and commit the child to the
236	department for treatment in an appropriate program for children
237	for an indeterminate period of time until the child reaches the
238	age of 21 years or sooner if discharged by the department. If,
239	at any time before the child becomes 21 years of age, the
240	department proposes to discharge the child from the commitment
241	program, the department shall notify the sentencing court of its
242	intent to discharge the child no later than 30 days before
243	discharge. The department shall file a written notice of its
244	proposal with the clerk of the court and give a copy of the
245	written notice to the sentencing judge, the state attorney, the
246	Department of Corrections, and the child's defense counsel at
247	the time it files the notice with the clerk of the court.
248	Failure of the sentencing court or the state attorney to object
249	to the department's notice of discharge within the 30-day time
250	period shall be construed as approval of the proposed discharge.
251	However, the department may not discharge the child until the
252	Department of Corrections meets with the child to explain the
253	terms of probation. Failure to successfully complete the
254	juvenile commitment program constitutes a violation of adult
255	probation.
256	d.3.  Order disposition pursuant to s. 985.231 as an
257	alternative to youthful offender or adult sentencing if the
258	court determines not to impose youthful offender or adult
259	sanctions.
260	2.  Upon sentencing a child to juvenile sanctions or a
261	combination of juvenile and adult sanctions under subparagraph
262	1., the court shall consider the educational needs assessment
263	conducted under s. 985.224(1) and (2) and make a finding of the
264	child's educational status. The court's finding shall include,
265	but is not limited to, the child's academic strengths and
266	abilities and the child's unmet or special education needs. The
267	court may order, as a condition of probation or commitment, that
268	the child must attain an appropriate educational goal. The
269	appropriate educational goals may include, but are not limited
270	to:
271	a.  Receiving a high school diploma or its equivalent.
272	b.  Successful completion of a literacy course.
273	c.  Successful completion of a vocational course.
274	d.  Successful completion of the child's current grade, if
275	the child is enrolled in school.
276	e.  Enrollment in an apprenticeship or similar program.
277
278	It is the intent of the Legislature that the criteria and
279	guidelines in this subsection are mandatory and that a
280	determination of disposition under this subsection is subject to
281	the right of the child to appellate review under s. 985.234.
282	Section 3.  For the purpose of incorporating the amendment
283	to section 985.233, Florida Statutes, in references thereto,
284	subsection (3) and paragraph (a) of subsection (4) of section
285	985.225, Florida Statutes, are reenacted to read:
286	985.225  Indictment of a juvenile.--
287	(3)  If the child is found to have committed the offense
288	punishable by death or by life imprisonment, the child shall be
289	sentenced as an adult. If the juvenile is not found to have
290	committed the indictable offense but is found to have committed
291	a lesser included offense or any other offense for which he or
292	she was indicted as a part of the criminal episode, the court
293	may sentence pursuant to s. 985.233.
294	(4)(a)  Once a child has been indicted pursuant to this
295	subsection and has been found to have committed any offense for
296	which he or she was indicted as a part of the criminal episode,
297	the child shall be handled thereafter in every respect as if an
298	adult for any subsequent violation of state law, unless the
299	court imposes juvenile sanctions under s. 985.233.
300	Section 4.  For the purpose of incorporating the amendment
301	to section 985.233, Florida Statutes, in references thereto,
302	subsection (1) and paragraph (a) of subsection (4) of section
303	985.226, Florida Statutes, are reenacted to read:
304	985.226  Criteria for waiver of juvenile court
305	jurisdiction; hearing on motion to transfer for prosecution as
306	an adult.--
307	(1)  VOLUNTARY WAIVER.--The court shall transfer and
308	certify a child's criminal case for trial as an adult if the
309	child is alleged to have committed a violation of law and, prior
310	to the commencement of an adjudicatory hearing, the child,
311	joined by a parent or, in the absence of a parent, by the
312	guardian or guardian ad litem, demands in writing to be tried as
313	an adult. Once a child has been transferred for criminal
314	prosecution pursuant to a voluntary waiver hearing and has been
315	found to have committed the presenting offense or a lesser
316	included offense, the child shall be handled thereafter in every
317	respect as an adult for any subsequent violation of state law,
318	unless the court imposes juvenile sanctions under s.
319	985.233(4)(b).
320	(4)  EFFECT OF ORDER WAIVING JURISDICTION.--
321	(a)  Once a child has been transferred for criminal
322	prosecution pursuant to an involuntary waiver hearing and has
323	been found to have committed the presenting offense or a lesser
324	included offense, the child shall thereafter be handled in every
325	respect as an adult for any subsequent violation of state law,
326	unless the court imposes juvenile sanctions under s. 985.233.
327	Section 5.  For the purpose of incorporating the amendment
328	to section 985.233, Florida Statutes, in a reference thereto,
329	paragraph (k) of subsection (3) of section 985.31, Florida
330	Statutes, is reenacted to read:
331	985.31  Serious or habitual juvenile offender.--
332	(3)  PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
333	TREATMENT.--
334	(k)  Any commitment of a child to the department for
335	placement in a serious or habitual juvenile offender program or
336	facility shall be for an indeterminate period of time, but the
337	time shall not exceed the maximum term of imprisonment which an
338	adult may serve for the same offense. Notwithstanding the
339	provisions of ss. 743.07 and 985.231(1)(d), a serious or
340	habitual juvenile offender shall not be held under commitment
341	from a court pursuant to this section, s. 985.231, or s. 985.233
342	after becoming 21 years of age. This provision shall apply only
343	for the purpose of completing the serious or habitual juvenile
344	offender program pursuant to this chapter and shall be used
345	solely for the purpose of treatment.
346	Section 6.  For the purpose of incorporating the amendment
347	to section 985.227, Florida Statutes, in references thereto,
348	paragraphs (c) and (d) of subsection (5) of section 985.04,
349	Florida Statutes, are reenacted to read:
350	985.04  Oaths; records; confidential information.--
351	(5)  Notwithstanding any other provisions of this part, the
352	name, photograph, address, and crime or arrest report of a
353	child:
354	(c)  Transferred to the adult system pursuant to s.
355	985.227, indicted pursuant to s. 985.225, or waived pursuant to
356	s. 985.226;
357	(d)  Taken into custody by a law enforcement officer for a
358	violation of law subject to the provisions of s. 985.227(2)(b)
359	or (d); or
360
361	shall not be considered confidential and exempt from the
362	provisions of s. 119.07(1) solely because of the child's age.
363	Section 7.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.