Senate Bill sb1398c1

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    Florida Senate - 2006                           CS for SB 1398

    By the Committee on Criminal Justice; and Senators Smith and
    Crist




    591-2071-06

  1                      A bill to be entitled

  2         An act relating to youth custody officers;

  3         amending s. 985.2075, F.S.; authorizing a youth

  4         custody officer to take a youth into custody if

  5         the officer has probable cause to believe that

  6         the youth has escaped from a facility operated

  7         by or under contract with the Department of

  8         Juvenile Justice or has absconded from the

  9         supervision of the department; authorizing the

10         youth custody officer to file certain criminal

11         charges and gather evidence for court; revising

12         a provision concerning an officer informing

13         local law enforcement agencies of his or her

14         activities; providing an effective date.

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

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18         Section 1.  Section 985.2075, Florida Statutes, is

19  amended to read:

20         985.2075  Youth custody officer.--

21         (1)  There is created within the Department of Juvenile

22  Justice the position of youth custody officer. The primary

23  duties of each youth custody officer shall be to take youth

24  into custody if the officer has probable cause to believe that

25  the youth has violated the conditions of probation, home

26  detention, conditional release, or postcommitment probation;

27  has escaped from a facility operated by or under contract with

28  the department; has absconded from the supervision of the

29  department;, or has failed to appear in court after being

30  properly noticed. The authority of the youth custody officer

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    Florida Senate - 2006                           CS for SB 1398
    591-2071-06




 1  to take youth into custody is specifically limited to this

 2  purpose.

 3         (2)  A youth custody officer who, while in the

 4  performance of his or her duties, takes a youth into custody

 5  for any reason specified in subsection (1) and has probable

 6  cause to believe that the youth has committed violations of

 7  criminal law, may file the appropriate criminal charges and

 8  gather evidence for prosecution. Each youth custody officer is

 9  subject to and shall have the same arrest and other authority

10  provided for law enforcement officers generally in chapter

11  901, and shall have statewide jurisdiction. Such officers have

12  full law enforcement powers granted to other peace officers of

13  this state, including the authority to make arrests, carry

14  firearms, serve court process, and seize contraband and the

15  proceeds of illegal activities, except that a youth custody

16  officer may not exercise any power or duty authorized in

17  chapter 316 or in s. 901.15(5).

18         (3)(2)  A youth custody officer must meet the minimum

19  qualifications for employment or appointment, be certified as

20  a law enforcement officer under chapter 943, and comply with

21  the requirements for continued employment required by s.

22  943.135. The Department of Juvenile Justice must comply with

23  the responsibilities provided for an employing agency under s.

24  943.133 for each youth custody officer.

25         (4)(3)  A youth custody officer shall inform

26  appropriate local law enforcement agencies of his or her

27  activities under this section.

28         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 1398
    591-2071-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1398

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 4  Provides that a youth custody officer would be given full law
    enforcement powers granted to other peace officers in Florida,
 5  including the authority to make arrests, carry firearms, serve
    court process, and seize contraband and the proceeds of
 6  illegal activities.

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