Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1738
Barcode 962390
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Wise) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, line 27, through page 4, line 26, delete
16 those lines
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18 and insert:
19 (h) Regardless of the results of the risk assessment
20 instrument, the child may be held in secure detention if the
21 child:
22 1. Has previously been before the court on two
23 separate arrests for felony delinquent acts; or
24 2. Is before the court charged with aggravated battery
25 on a school district employee; or
26 3. Is found to have endangered the public in the act
27 of fleeing from lawful arrest.
28 (i)(h) The child is alleged to have violated the
29 conditions of the child's probation or conditional release
30 supervision. However, a child detained under this paragraph
31 may be held only in a consequence unit as provided in s.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1738
Barcode 962390
1 985.231(1)(a)1.c. If a consequence unit is not available, the
2 child shall be placed on home detention with electronic
3 monitoring.
4 (j)(i) The child is detained on a judicial order for
5 failure to appear and has previously willfully failed to
6 appear, after proper notice, for a court an adjudicatory
7 hearing on the same case regardless of the results of the risk
8 assessment instrument. A child may be held in secure detention
9 for up to 72 hours in advance of the next scheduled court
10 hearing pursuant to this paragraph. The child's failure to
11 keep the clerk of court and defense counsel informed of a
12 current and valid mailing address where the child will receive
13 notice to appear at court proceedings does not provide an
14 adequate ground for excusal of the child's nonappearance at
15 the hearings.
16 (j) The child is detained on a judicial order for
17 failure to appear and has previously willfully failed to
18 appear, after proper notice, at two or more court hearings of
19 any nature on the same case regardless of the results of the
20 risk assessment instrument. A child may be held in secure
21 detention for up to 72 hours in advance of the next scheduled
22 court hearing pursuant to this paragraph. The child's failure
23 to keep the clerk of court and defense counsel informed of a
24 current and valid mailing address where the child will receive
25 notice to appear at court proceedings does not provide an
26 adequate ground for excusal of the child's nonappearance at
27 the hearings.
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1738
Barcode 962390
1 On page 1, line 12, after the semicolon
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3 insert:
4 amending s. 985.215, F.S.; providing for
5 detention under certain criteria; providing an
6 extension of the statutory time limit on
7 post-commitment detention;
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