Senate Bill sb2582

    Florida Senate - 2005                                  SB 2582

    By Senator Siplin





    19-877-05

  1                      A bill to be entitled

  2         An act relating to delinquency proceedings;

  3         amending s. 985.228, F.S.; requiring the

  4         Department of Juvenile Justice to adopt rules

  5         governing the procedures that may be used to

  6         restrain a child before and during an

  7         adjudicatory hearing; prohibiting unreasonable

  8         restraint or extended periods of isolation;

  9         providing an effective date.

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

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13         Section 1.  Subsection (1) of section 985.228, Florida

14  Statutes, is amended to read:

15         985.228  Adjudicatory hearings; withheld adjudications;

16  orders of adjudication.--

17         (1)  The adjudicatory hearing must be held as soon as

18  practicable after the petition alleging that a child has

19  committed a delinquent act or violation of law is filed and in

20  accordance with the Florida Rules of Juvenile Procedure; but

21  reasonable delay for the purpose of investigation, discovery,

22  or procuring counsel or witnesses shall be granted. If the

23  child is being detained, the time limitations provided for in

24  s. 985.215(5)(c) and (d) apply. The department shall adopt by

25  rule procedures for restraining a child before and during an

26  adjudicatory hearing. The rules must prohibit the use of

27  mechanical devices or unreasonable restraints. In addition, a

28  child may not be subject to extended periods of isolation.

29         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 2582
    19-877-05




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 2                          SENATE SUMMARY

 3    Requires that the Department of Juvenile Justice adopt
      rules to provide procedures for restraining a child
 4    before and during an adjudicatory hearing.

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