Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 646
                        Barcode 550324
                            CHAMBER ACTION
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       04/13/2005 11:00 AM         .                    
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11  Senator Siplin moved the following amendment:
12  
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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    10:05 AM   04/13/05                            s0646c1c-19-2a1

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. 25 26 (Redesignate subsequent sections.) 27 28 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, 2 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; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 10:05 AM 04/13/05 s0646c1c-19-2a1