Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 550324
CHAMBER ACTION
Senate House
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04/13/2005 11:00 AM .
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11 Senator Siplin moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 13 and 14,
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16 insert:
17 Section 3. Present subsections (3), (4), (5), (6), and
18 (7) of section 985.228, Florida Statutes, are redesignated as
19 subsections (4), (5), (6), (7), and (8), respectively, a new
20 subsection (3) is added to that section, and present
21 subsection (5) of that section is amended, to read:
22 985.228 Adjudicatory hearings; withheld adjudications;
23 orders of adjudication.--
24 (3) Instruments of restraint, such as handcuffs,
25 chains, irons, or straitjackets, may not be used on a child
26 during an adjudicatory hearing or elsewhere in a courthouse
27 and must be removed when the child appears before the court
28 unless the child:
29 (a) Is likely to attempt to escape during a transfer
30 or a hearing;
31 (b) Is charged with a capital offense; or
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 550324
1 (c) Has a history of disruptive behavior and there is
2 a likelihood that the child will cause bodily harm to himself,
3 herself, or others.
4 (6)(5) If the court finds that the child named in a
5 petition has committed a delinquent act or violation of law,
6 but elects not to proceed under subsection (5) (4), it shall
7 incorporate that finding in an order of adjudication of
8 delinquency entered in the case, briefly stating the facts
9 upon which the finding is made, and the court shall thereafter
10 have full authority under this chapter to deal with the child
11 as adjudicated.
12 Section 4. Paragraph (e) of subsection (3) of section
13 985.311, Florida Statutes, is amended to read:
14 985.311 Intensive residential treatment program for
15 offenders less than 13 years of age.--
16 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
17 TREATMENT.--
18 (e) After a child has been adjudicated delinquent
19 under s. 985.228(6) pursuant to s. 985.228(5), the court shall
20 determine whether the child is eligible for an intensive
21 residential treatment program for offenders less than 13 years
22 of age under pursuant to s. 985.03(7). If the court
23 determines that the child does not meet the criteria, the
24 provisions of s. 985.231(1) shall apply.
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26 (Redesignate subsequent sections.)
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, line 8, after the semicolon,
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10:05 AM 04/13/05 s0646c1c-19-2a1
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 550324
1 insert:
2 amending s. 985.228, F.S.; prohibiting the use
3 of instruments of restraint on a child during
4 an adjudicatory hearing or elsewhere in a
5 courthouse; providing specified exceptions;
6 amending s. 985.311, F.S.; correcting a
7 cross-reference;
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