HB 0027CS

CHAMBER ACTION



1The Juvenile Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to juvenile delinquents; amending s.
7985.04, F.S.; authorizing disclosure of specified
8confidential juvenile records to private school
9principals; requiring the Department of Juvenile Justice,
10law enforcement agencies, and state attorneys to provide
11notice to private school principals of specified juvenile
12offenders; providing criminal penalties for a private
13school employee who improperly discloses specified
14confidential information; requiring private school
15principals to notify classroom teachers of specified
16information; amending s. 985.207, F.S.; requiring the
17arresting authority to provide notice to private school
18principals of specified juvenile offenders; requiring
19private school principals to notify classroom teachers of
20specified information; amending s. 985.21, F.S.; requiring
21the department, subject to appropriation, to establish
22access to federal immigration databases; requiring the
23department to screen each child brought into intake to
24determine his or her citizenship; requiring the department
25to screen specified children in federal immigration
26databases to determine citizenship and whether they are
27lawfully present in this country; requiring the department
28to notify appropriate authorities within the federal
29Department of Homeland Security of specified children
30whose citizenship cannot be determined, who are not
31lawfully present in this country, and who are deportable
32aliens; requiring the department to maintain citizenship
33information in a centralized database and to share that
34information with specified entities; requiring the
35department to adopt rules; amending s. 985.215, F.S.;
36requiring detention staff to notify private school
37personnel of a juvenile sexual offender's release;
38amending ss. 985.228, 985.23, 985.231, and 985.233, F.S.;
39providing for no-contact orders in cases in which the
40victim and juvenile offender are, or may be, attending the
41same public or private school; amending s. 985.308, F.S.;
42requiring notification of a public or private school to
43which a juvenile sexual offender is returning; requiring
44the department to establish procedures for such notice;
45providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsections (3) and (7) of section 985.04,
50Florida Statutes, are amended to read:
51     985.04  Oaths; records; confidential information.--
52     (3)(a)  Except as provided in subsections (2), (4), (5),
53and (6), and s. 943.053, all information obtained under this
54part in the discharge of official duty by any judge, any
55employee of the court, any authorized agent of the department of
56Juvenile Justice, the Parole Commission, the Department of
57Corrections, the juvenile justice circuit boards, any law
58enforcement agent, or any licensed professional or licensed
59community agency representative participating in the assessment
60or treatment of a juvenile is confidential and may be disclosed
61only to the authorized personnel of the court, the department of
62Juvenile Justice and its designees, the Department of
63Corrections, the Parole Commission, law enforcement agents,
64school superintendents and their designees, the principal of a
65private school attended by the juvenile, any licensed
66professional or licensed community agency representative
67participating in the assessment or treatment of a juvenile, and
68others entitled under this chapter to receive that information,
69or upon order of the court. Within each county, the sheriff, the
70chiefs of police, the district school superintendent, and the
71department shall enter into an interagency agreement for the
72purpose of sharing information about juvenile offenders among
73all parties. The agreement must specify the conditions under
74which summary criminal history information is to be made
75available to appropriate school personnel, and the conditions
76under which school records are to be made available to
77appropriate department personnel. Such agreement shall require
78notification to any classroom teacher of assignment to the
79teacher's classroom of a juvenile who has been placed in a
80probation or commitment program for a felony offense. The
81agencies entering into such agreement must comply with s.
82943.0525, and must maintain the confidentiality of information
83that is otherwise exempt from s. 119.07(1), as provided by law.
84     (b)  The department shall disclose to the school
85superintendent and the principal of a private school attended by
86the child the presence of any child in the care and custody or
87under the jurisdiction or supervision of the department who has
88a known history of criminal sexual behavior with other
89juveniles; is an alleged juvenile sex offender, as defined in s.
9039.01; or has pled guilty or nolo contendere to, or has been
91found to have committed, a violation of chapter 794, chapter
92796, chapter 800, s. 827.071, or s. 847.0133, regardless of
93adjudication. Any employee of a district school board or private
94school who knowingly and willfully discloses such information to
95an unauthorized person commits a misdemeanor of the second
96degree, punishable as provided in s. 775.082 or s. 775.083.
97     (7)(a)  Notwithstanding any other provision of this
98section, when a child of any age is taken into custody by a law
99enforcement officer for an offense that would have been a felony
100if committed by an adult, or a crime of violence, the law
101enforcement agency must notify the superintendent of schools, if
102the child attends public school, or the principal of a private
103school attended by the child, that the child is alleged to have
104committed the delinquent act.
105     (b)  Notwithstanding paragraph (a) or any other provision
106of this section, when a child of any age is formally charged by
107a state attorney with a felony or a delinquent act that would be
108a felony if committed by an adult, the state attorney shall
109notify the superintendent of schools, if the child attends
110public school, or the principal of a private school attended by
111the child, the child's school that the child has been charged
112with such felony or delinquent act. The information obtained by
113the superintendent of schools or private school principal
114pursuant to this section must be released within 48 hours after
115receipt to appropriate school personnel, including the principal
116of the public school of the child. The public or private school
117principal must immediately notify the child's immediate
118classroom teachers. Upon notification, the principal is
119authorized to begin disciplinary actions pursuant to s.
1201006.09(1)-(4).
121     Section 2.  Paragraph (b) of subsection (1) of section
122985.207, Florida Statutes, is amended to read:
123     985.207  Taking a child into custody.--
124     (1)  A child may be taken into custody under the following
125circumstances:
126     (b)  For a delinquent act or violation of law, pursuant to
127Florida law pertaining to a lawful arrest. If such delinquent
128act or violation of law would be a felony if committed by an
129adult or involves a crime of violence, the arresting authority
130shall immediately notify the district school superintendent, or
131the superintendent's designee, of the school district with
132educational jurisdiction of the child or the principal of a
133private school attended by the child. Such notification shall
134include other education providers such as the Florida School for
135the Deaf and the Blind, university developmental research
136schools, and private elementary and secondary schools. The
137information obtained by the superintendent of schools or a
138private school principal pursuant to this section must be
139released within 48 hours after receipt to appropriate school
140personnel, including the principal of the child's public school,
141or as otherwise provided by law. The public or private school
142principal must immediately notify the child's immediate
143classroom teachers. Information provided by an arresting
144authority pursuant to this paragraph may not be placed in the
145student's permanent record and shall be removed from all school
146records no later than 9 months after the date of the arrest.
147
148Nothing in this subsection shall be construed to allow the
149detention of a child who does not meet the detention criteria in
150s. 985.215.
151     Section 3.  Subsection (6) is added to section 985.21,
152Florida Statutes, to read:
153     985.21  Intake and case management.--
154     (6)  Subject to appropriation, the department, as part of
155its intake and case management system under this section, shall:
156     (a)  Establish access to databases maintained by the Bureau
157of Immigration and Customs Enforcement of the United States
158Department of Homeland Security that permit law enforcement
159agencies to screen alien records and immigration information.
160     (b)  Screen each child brought into intake to determine the
161child's citizenship based upon government documentation. If the
162department determines that the child is not a United States
163citizen or if the department is unable to determine whether the
164child is a United States citizen, the department shall use the
165databases under paragraph (a) to determine the child's
166citizenship and whether he or she is lawfully present in the
167United States.
168     (c)  Notify the appropriate authorities within the United
169States Department of Homeland Security of any child:
170     1.  Who is alleged pursuant to a probable cause affidavit
171to have committed an act that would be crime if committed by an
172adult when the department, after the screening required in
173paragraph (b):
174     a.  Is unable to determine whether the child is lawfully
175present in the United States; or
176     b.  Has determined that the child is not lawfully present
177in the United States.
178     2.  Who has been found to have committed an act that would
179be a crime if committed by an adult when the department, after
180the screening required in paragraph (b):
181     a.  Is unable to determine whether the child is lawfully
182present in the United States;
183     b.  Has determined that the child is not lawfully present
184in the United States; or
185     c.  Has determined that the child is a lawful alien if the
186crime committed by the child results in classification of the
187child as a deportable alien under the applicable provisions of
188the Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq.,
189as amended.
190     (d)  Maintain information collected under this subsection
191in a centralized database and establish procedures to make this
192information available to federal, state, and local law
193enforcement agencies and the state court system.
194
195The department shall adopt rules pursuant to ss. 120.536(1) and
196120.54 to implement this subsection.
197     Section 4.  Paragraph (b) of subsection (11) of section
198985.215, Florida Statutes, is amended to read:
199     985.215  Detention.--
200     (11)
201     (b)  When a juvenile sexual offender, pursuant to this
202subsection, is released from detention or transferred to home
203detention or nonsecure detention, detention staff shall
204immediately notify the appropriate law enforcement agency and
205school personnel at the public or private school attended by the
206offender.
207     Section 5.  Subsection (4) of section 985.228, Florida
208Statutes, is amended to read:
209     985.228  Adjudicatory hearings; withheld adjudications;
210orders of adjudication.--
211     (4)  If the court finds that the child named in the
212petition has committed a delinquent act or violation of law, it
213may, in its discretion, enter an order stating the facts upon
214which its finding is based but withholding adjudication of
215delinquency and placing the child in a probation program under
216the supervision of the department or under the supervision of
217any other person or agency specifically authorized and appointed
218by the court. The court may, as a condition of the program,
219impose as a penalty component restitution in money or in kind,
220community service, a curfew, urine monitoring, revocation or
221suspension of the driver's license of the child, or other
222nonresidential punishment appropriate to the offense, and may
223impose as a rehabilitative component a requirement of
224participation in substance abuse treatment, or school or other
225educational program attendance. If the child is attending public
226or private school and the court finds that the victim or a
227sibling of the victim in the case was assigned to attend or is
228eligible to attend the same school as the child, the court order
229shall include a finding pursuant to the proceedings described in
230s. 985.23(1)(d). If the court later finds that the child has not
231complied with the rules, restrictions, or conditions of the
232community-based program, the court may, after a hearing to
233establish the lack of compliance, but without further evidence
234of the state of delinquency, enter an adjudication of
235delinquency and shall thereafter have full authority under this
236chapter to deal with the child as adjudicated.
237     Section 6.  Paragraph (d) of subsection (1) of section
238985.23, Florida Statutes, is amended to read:
239     985.23  Disposition hearings in delinquency cases.--When a
240child has been found to have committed a delinquent act, the
241following procedures shall be applicable to the disposition of
242the case:
243     (1)  Before the court determines and announces the
244disposition to be imposed, it shall:
245     (d)  Give all parties present at the hearing an opportunity
246to comment on the issue of disposition and any proposed
247rehabilitative plan. Parties to the case shall include the
248parents, legal custodians, or guardians of the child; the
249child's counsel; the state attorney; representatives of the
250department; the victim if any, or his or her representative;
251representatives of the school system; and the law enforcement
252officers involved in the case. If the child is attending or is
253eligible to attend public or private school and the court finds
254that the victim or a sibling of the victim in the case is
255attending or may attend the same school as the child, the court
256shall, on its own motion or upon the request of any party or any
257parent or legal guardian of the victim, determine whether it is
258appropriate to enter a no-contact no contact order in favor of
259the victim or a sibling of the victim. If appropriate and
260acceptable to the victim and the victim's parent or parents or
261legal guardian, the court may reflect in the written disposition
262order that the victim or the victim's parent stated in writing
263or in open court that he or she did not object to the offender
264being permitted to attend the same school or ride on the same
265school bus as the victim or a sibling of the victim.
266
267It is the intent of the Legislature that the criteria set forth
268in subsection (2) are general guidelines to be followed at the
269discretion of the court and not mandatory requirements of
270procedure. It is not the intent of the Legislature to provide
271for the appeal of the disposition made pursuant to this section.
272     Section 7.  Paragraph (a) of subsection (1) of section
273985.231, Florida Statutes, is amended to read:
274     985.231  Powers of disposition in delinquency cases.--
275     (1)(a)  The court that has jurisdiction of an adjudicated
276delinquent child may, by an order stating the facts upon which a
277determination of a sanction and rehabilitative program was made
278at the disposition hearing:
279     1.  Place the child in a probation program or a
280postcommitment probation program under the supervision of an
281authorized agent of the department or of any other person or
282agency specifically authorized and appointed by the court,
283whether in the child's own home, in the home of a relative of
284the child, or in some other suitable place under such reasonable
285conditions as the court may direct. A probation program for an
286adjudicated delinquent child must include a penalty component
287such as restitution in money or in kind, community service, a
288curfew, revocation or suspension of the driver's license of the
289child, or other nonresidential punishment appropriate to the
290offense and must also include a rehabilitative program component
291such as a requirement of participation in substance abuse
292treatment or in school or other educational program. If the
293child is attending or is eligible to attend public or private
294school and the court finds that the victim or a sibling of the
295victim in the case is attending or may attend the same school as
296the child, the court placement order shall include a finding
297pursuant to the proceedings described in s. 985.23(1)(d). Upon
298the recommendation of the department at the time of disposition,
299or subsequent to disposition pursuant to the filing of a
300petition alleging a violation of the child's conditions of
301postcommitment probation, the court may order the child to
302submit to random testing for the purpose of detecting and
303monitoring the use of alcohol or controlled substances.
304     a.  A classification scale for levels of supervision shall
305be provided by the department, taking into account the child's
306needs and risks relative to probation supervision requirements
307to reasonably ensure the public safety. Probation programs for
308children shall be supervised by the department or by any other
309person or agency specifically authorized by the court. These
310programs must include, but are not limited to, structured or
311restricted activities as described in this subparagraph, and
312shall be designed to encourage the child toward acceptable and
313functional social behavior. If supervision or a program of
314community service is ordered by the court, the duration of such
315supervision or program must be consistent with any treatment and
316rehabilitation needs identified for the child and may not exceed
317the term for which sentence could be imposed if the child were
318committed for the offense, except that the duration of such
319supervision or program for an offense that is a misdemeanor of
320the second degree, or is equivalent to a misdemeanor of the
321second degree, may be for a period not to exceed 6 months. When
322restitution is ordered by the court, the amount of restitution
323may not exceed an amount the child and the parent or guardian
324could reasonably be expected to pay or make. A child who
325participates in any work program under this part is considered
326an employee of the state for purposes of liability, unless
327otherwise provided by law.
328     b.  The court may conduct judicial review hearings for a
329child placed on probation for the purpose of fostering
330accountability to the judge and compliance with other
331requirements, such as restitution and community service. The
332court may allow early termination of probation for a child who
333has substantially complied with the terms and conditions of
334probation.
335     c.  If the conditions of the probation program or the
336postcommitment probation program are violated, the department or
337the state attorney may bring the child before the court on a
338petition alleging a violation of the program. Any child who
339violates the conditions of probation or postcommitment probation
340must be brought before the court if sanctions are sought. A
341child taken into custody under s. 985.207 for violating the
342conditions of probation or postcommitment probation shall be
343held in a consequence unit if such a unit is available. The
344child shall be afforded a hearing within 24 hours after being
345taken into custody to determine the existence of probable cause
346that the child violated the conditions of probation or
347postcommitment probation. A consequence unit is a secure
348facility specifically designated by the department for children
349who are taken into custody under s. 985.207 for violating
350probation or postcommitment probation, or who have been found by
351the court to have violated the conditions of probation or
352postcommitment probation. If the violation involves a new charge
353of delinquency, the child may be detained under s. 985.215 in a
354facility other than a consequence unit. If the child is not
355eligible for detention for the new charge of delinquency, the
356child may be held in the consequence unit pending a hearing and
357is subject to the time limitations specified in s. 985.215. If
358the child denies violating the conditions of probation or
359postcommitment probation, the court shall appoint counsel to
360represent the child at the child's request. Upon the child's
361admission, or if the court finds after a hearing that the child
362has violated the conditions of probation or postcommitment
363probation, the court shall enter an order revoking, modifying,
364or continuing probation or postcommitment probation. In each
365such case, the court shall enter a new disposition order and, in
366addition to the sanctions set forth in this paragraph, may
367impose any sanction the court could have imposed at the original
368disposition hearing. If the child is found to have violated the
369conditions of probation or postcommitment probation, the court
370may:
371     (I)  Place the child in a consequence unit in that judicial
372circuit, if available, for up to 5 days for a first violation,
373and up to 15 days for a second or subsequent violation.
374     (II)  Place the child on home detention with electronic
375monitoring. However, this sanction may be used only if a
376residential consequence unit is not available.
377     (III)  Modify or continue the child's probation program or
378postcommitment probation program.
379     (IV)  Revoke probation or postcommitment probation and
380commit the child to the department.
381     d.  Notwithstanding s. 743.07 and paragraph (d), and except
382as provided in s. 985.31, the term of any order placing a child
383in a probation program must be until the child's 19th birthday
384unless he or she is released by the court, on the motion of an
385interested party or on its own motion.
386     2.  Commit the child to a licensed child-caring agency
387willing to receive the child, but the court may not commit the
388child to a jail or to a facility used primarily as a detention
389center or facility or shelter.
390     3.  Commit the child to the department at a restrictiveness
391level defined in s. 985.03. Such commitment must be for the
392purpose of exercising active control over the child, including,
393but not limited to, custody, care, training, urine monitoring,
394and treatment of the child and release of the child from
395residential commitment into the community in a postcommitment
396nonresidential conditional release program. If the child is
397eligible to attend public or private school following commitment
398and the court finds that the victim or a sibling of the victim
399in the case is or may be attending the same school as the child,
400the commitment order shall include a finding pursuant to the
401proceedings described in s. 985.23(1)(d). If the child is not
402successful in the conditional release program, the department
403may use the transfer procedure under s. 985.404. Notwithstanding
404s. 743.07 and paragraph (d), and except as provided in s.
405985.31, the term of the commitment must be until the child is
406discharged by the department or until he or she reaches the age
407of 21.
408     4.  Revoke or suspend the driver's license of the child.
409     5.  Require the child and, if the court finds it
410appropriate, the child's parent or guardian together with the
411child, to render community service in a public service program.
412     6.  As part of the probation program to be implemented by
413the department, or, in the case of a committed child, as part of
414the community-based sanctions ordered by the court at the
415disposition hearing or before the child's release from
416commitment, order the child to make restitution in money,
417through a promissory note cosigned by the child's parent or
418guardian, or in kind for any damage or loss caused by the
419child's offense in a reasonable amount or manner to be
420determined by the court. The clerk of the circuit court shall be
421the receiving and dispensing agent. In such case, the court
422shall order the child or the child's parent or guardian to pay
423to the office of the clerk of the circuit court an amount not to
424exceed the actual cost incurred by the clerk as a result of
425receiving and dispensing restitution payments. The clerk shall
426notify the court if restitution is not made, and the court shall
427take any further action that is necessary against the child or
428the child's parent or guardian. A finding by the court, after a
429hearing, that the parent or guardian has made diligent and good
430faith efforts to prevent the child from engaging in delinquent
431acts absolves the parent or guardian of liability for
432restitution under this subparagraph.
433     7.  Order the child and, if the court finds it appropriate,
434the child's parent or guardian together with the child, to
435participate in a community work project, either as an
436alternative to monetary restitution or as part of the
437rehabilitative or probation program.
438     8.  Commit the child to the department for placement in a
439program or facility for serious or habitual juvenile offenders
440in accordance with s. 985.31. Any commitment of a child to a
441program or facility for serious or habitual juvenile offenders
442must be for an indeterminate period of time, but the time may
443not exceed the maximum term of imprisonment that an adult may
444serve for the same offense. The court may retain jurisdiction
445over such child until the child reaches the age of 21,
446specifically for the purpose of the child completing the
447program.
448     9.  In addition to the sanctions imposed on the child,
449order the parent or guardian of the child to perform community
450service if the court finds that the parent or guardian did not
451make a diligent and good faith effort to prevent the child from
452engaging in delinquent acts. The court may also order the parent
453or guardian to make restitution in money or in kind for any
454damage or loss caused by the child's offense. The court shall
455determine a reasonable amount or manner of restitution, and
456payment shall be made to the clerk of the circuit court as
457provided in subparagraph 6.
458     10.  Subject to specific appropriation, commit the juvenile
459sexual offender to the department for placement in a program or
460facility for juvenile sexual offenders in accordance with s.
461985.308. Any commitment of a juvenile sexual offender to a
462program or facility for juvenile sexual offenders must be for an
463indeterminate period of time, but the time may not exceed the
464maximum term of imprisonment that an adult may serve for the
465same offense. The court may retain jurisdiction over a juvenile
466sexual offender until the juvenile sexual offender reaches the
467age of 21, specifically for the purpose of completing the
468program.
469     Section 8.  Paragraph (f) of subsection (4) of section
470985.233, Florida Statutes, is amended to read:
471     985.233  Sentencing powers; procedures; alternatives for
472juveniles prosecuted as adults.--
473     (4)  SENTENCING ALTERNATIVES.--
474     (f)  School attendance.--If the child is attending or is
475eligible to attend public or private school and the court finds
476that the victim or a sibling of the victim in the case is
477attending or may attend the same school as the child, the court
478placement order shall include a finding pursuant to the
479proceeding described in s. 985.23(1)(d).
480
481It is the intent of the Legislature that the criteria and
482guidelines in this subsection are mandatory and that a
483determination of disposition under this subsection is subject to
484the right of the child to appellate review under s. 985.234.
485     Section 9.  Paragraph (d) of subsection (1) and subsection
486(6) of section 985.308, Florida Statutes, are amended to read:
487     985.308  Juvenile sexual offender commitment programs;
488sexual abuse intervention networks.--
489     (1)  In order to provide intensive treatment and
490psychological services to a juvenile sexual offender committed
491to the department, it is the intent of the Legislature to
492establish programs and strategies to effectively respond to
493juvenile sexual offenders. In designing programs for juvenile
494sexual offenders, it is the further intent of the Legislature to
495implement strategies that include:
496     (d)  Providing notification to the public or private school
497to which the juvenile sexual offender is returning, the parents
498or legal guardians of the victim, and law enforcement, when a
499juvenile sexual offender returns into the community.
500     (6)  The department shall establish protocol and procedures
501to notify public or private schools, the appropriate law
502enforcement agencies, and the court when a juvenile sexual
503offender returns to the community.
504     Section 10.  This act shall take effect October 1, 2006.


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