Senate Bill sb1638

    Florida Senate - 2005                                  SB 1638

    By Senator Smith





    14-1328-05

  1                      A bill to be entitled

  2         An act relating to youth custody officers;

  3         amending s. 985.2075, F.S.; authorizing a youth

  4         custody officer to take a youth into custody if

  5         the officer has probable cause to believe that

  6         the youth has escaped from a facility operated

  7         by or under contract with the department or has

  8         absconded from the supervision of the

  9         department; requiring the youth custody officer

10         to file certain criminal information and gather

11         evidence for court before delivering the youth

12         to certain facilities; providing an effective

13         date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 985.2075, Florida Statutes, is

18  amended to read:

19         985.2075  Youth custody officer.--

20         (1)  There is created within the Department of Juvenile

21  Justice the position of youth custody officer. The duties of

22  each youth custody officer shall be to take youth into custody

23  if the officer has probable cause to believe that the youth

24  has violated the conditions of probation, home detention,

25  conditional release, or postcommitment probation, has escaped

26  from a facility operated by or under contract with the

27  department, has absconded from the supervision of the

28  department, or has failed to appear in court after being

29  properly noticed. The authority of the youth custody officer

30  to take youth into custody is specifically limited to this

31  purpose.

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






    Florida Senate - 2005                                  SB 1638
    14-1328-05




 1         (2)  A youth custody officer who, while in the

 2  performance of his or her duties, takes a youth into custody

 3  for any reason specified in subsection (1) and has probable

 4  cause to believe that the youth has committed new violations

 5  of criminal law shall file the appropriate criminal violations

 6  and gather any evidence for prosecution in a court of law

 7  before delivering the child to a local law enforcement agency,

 8  a juvenile assessment center, or a detention center.

 9         (3)(2)  A youth custody officer must meet the minimum

10  qualifications for employment or appointment, be certified

11  under chapter 943, and comply with the requirements for

12  continued employment required by s. 943.135. The Department of

13  Juvenile Justice must comply with the responsibilities

14  provided for an employing agency under s. 943.133 for each

15  youth custody officer.

16         (4)(3)  A youth custody officer shall inform

17  appropriate local law enforcement agencies of his or her

18  activities under this section.

19         Section 2.  This act shall take effect October 1, 2005.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Authorizes a youth custody officer to take a youth into
      custody if the officer has probable cause to believe that
24    the youth has escaped from a facility operated by or
      under contract with the department or has absconded from
25    the supervision of the department. Requires the youth
      custody officer to file certain criminal information and
26    gather evidence for court before delivering the youth to
      certain destinations.
27  

28  

29  

30  

31  

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