Senate Bill sb1932

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    Florida Senate - 2005                                  SB 1932

    By Senators Crist and Aronberg





    12-480-05

  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.215, F.S.; requiring electronic

  4         monitoring of juveniles who are adjudicated and

  5         awaiting placement in a commitment program in

  6         detention care; requiring electronic monitoring

  7         of juvenile sexual offenders released from

  8         detention and transferred to home detention or

  9         nonsecure detention; amending s. 985.216, F.S.;

10         providing for electronic monitoring as an

11         alternative sanction for a child who has

12         committed direct contempt of court or indirect

13         contempt of a valid court order; amending s.

14         985.233, F.S.; providing for sentencing certain

15         juveniles transferred to adult court to the

16         sanction of electronic monitoring; authorizing

17         the court to sentence a child adjudicated

18         delinquent to a community control program,

19         which may include electronic monitoring;

20         providing an effective date.

21  

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

23  

24         Section 1.  Paragraph (a) of subsection (10) and

25  paragraph (b) of subsection (11) of section 985.215, Florida

26  Statutes, are amended to read:

27         985.215  Detention.--

28         (10)(a)1.  When a child is committed to the Department

29  of Juvenile Justice awaiting dispositional placement, removal

30  of the child from detention care shall occur within 5 days,

31  excluding Saturdays, Sundays, and legal holidays. Any child

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    Florida Senate - 2005                                  SB 1932
    12-480-05




 1  held in secure detention during the 5 days must meet detention

 2  admission criteria pursuant to this section. If the child is

 3  committed to a moderate-risk residential program, the

 4  department may seek an order from the court authorizing

 5  continued detention for a specific period of time necessary

 6  for the appropriate residential placement of the child.

 7  However, such continued detention in secure detention care may

 8  not exceed 15 days after commitment, excluding Saturdays,

 9  Sundays, and legal holidays, and except as otherwise provided

10  in this subsection.

11         2.  The court must place all children who are

12  adjudicated and awaiting placement in a residential commitment

13  program in detention care. Children who are in home detention

14  care or nonsecure detention care shall may be placed on

15  electronic monitoring.

16         (11)

17         (b)  When a juvenile sexual offender, pursuant to this

18  subsection, is released from detention or transferred to home

19  detention or nonsecure detention, the juvenile sexual offender

20  shall be placed on electronic monitoring and detention staff

21  shall immediately notify the appropriate law enforcement

22  agency and school personnel.

23         Section 2.  Subsection (3) of section 985.216, Florida

24  Statutes, is amended to read:

25         985.216  Punishment for contempt of court; alternative

26  sanctions.--

27         (3)  ALTERNATIVE SANCTIONS.--Each judicial circuit

28  shall have an alternative sanctions coordinator who shall

29  serve under the chief administrative judge of the juvenile

30  division of the circuit court, and who shall coordinate and

31  maintain a spectrum of contempt sanction alternatives, which

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    Florida Senate - 2005                                  SB 1932
    12-480-05




 1  may include electronic monitoring, in conjunction with the

 2  circuit plan implemented in accordance with s. 790.22(4)(c).

 3  Upon determining that a child has committed direct contempt of

 4  court or indirect contempt of a valid court order, the court

 5  may immediately request the alternative sanctions coordinator

 6  to recommend the most appropriate available alternative

 7  sanction and shall order the child to perform up to 50 hours

 8  of community-service manual labor, be placed on electronic

 9  monitoring, or a similar alternative sanction, unless an

10  alternative sanction is unavailable or inappropriate, or

11  unless the child has failed to comply with a prior alternative

12  sanction.  Alternative contempt sanctions may be provided by

13  local industry or by any nonprofit organization or any public

14  or private business or service entity that has entered into a

15  contract with the Department of Juvenile Justice to act as an

16  agent of the state to provide voluntary supervision of

17  children on behalf of the state in exchange for the manual

18  labor of children and limited immunity in accordance with s.

19  768.28(11).

20         Section 3.  Paragraph (b) of subsection (4) of section

21  985.233, Florida Statutes, is amended to read:

22         985.233  Sentencing powers; procedures; alternatives

23  for juveniles prosecuted as adults.--

24         (4)  SENTENCING ALTERNATIVES.--

25         (b)  Sentencing to juvenile sanctions.--For juveniles

26  transferred to adult court but who do not qualify for such

27  transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or

28  (b), the court may impose juvenile sanctions under this

29  paragraph. If juvenile sentences are imposed, the court shall,

30  pursuant to this paragraph, adjudge the child to have

31  committed a delinquent act. Adjudication of delinquency shall

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    Florida Senate - 2005                                  SB 1932
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 1  not be deemed a conviction, nor shall it operate to impose any

 2  of the civil disabilities ordinarily resulting from a

 3  conviction. The court shall impose an adult sanction or a

 4  juvenile sanction and may not sentence the child to a

 5  combination of adult and juvenile punishments. An adult

 6  sanction or a juvenile sanction may include electronic

 7  monitoring, enforcement of an order of restitution, or

 8  probation previously ordered in any juvenile proceeding.

 9  However, if the court imposes a juvenile sanction and the

10  department determines that the sanction is unsuitable for the

11  child, the department shall return custody of the child to the

12  sentencing court for further proceedings, including the

13  imposition of adult sanctions. Upon adjudicating a child

14  delinquent under subsection (1), the court may:

15         1.  Place the child in a probation program or community

16  control program under the supervision of the department for an

17  indeterminate period of time until the child reaches the age

18  of 19 years or sooner if discharged by order of the court. A

19  community control program may include electronic monitoring.

20         2.  Commit the child to the department for treatment in

21  an appropriate program for children for an indeterminate

22  period of time until the child is 21 or sooner if discharged

23  by the department.  The department shall notify the court of

24  its intent to discharge no later than 14 days prior to

25  discharge. Failure of the court to timely respond to the

26  department's notice shall be considered approval for

27  discharge.

28         3.  Order disposition pursuant to s. 985.231 as an

29  alternative to youthful offender or adult sentencing if the

30  court determines not to impose youthful offender or adult

31  sanctions.

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    Florida Senate - 2005                                  SB 1932
    12-480-05




 1         Section 4.  This act shall take effect July 1, 2005.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Provides for the state attorney to authorize the
      electronic monitoring of juveniles who are released from
 6    detention. Provides for electronic monitoring as an
      alternative sanction for a child that has committed
 7    direct contempt of court or indirect contempt of a valid
      court order, or as a condition of a probation program.
 8    Requires electronic monitoring of juveniles who are
      adjudicated and awaiting placement in a commitment
 9    program in detention care. Requires electronic monitoring
      of juvenile sexual offenders who are released from
10    detention and transferred to home detention or nonsecure
      detention.
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