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A bill to be entitled

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An act relating to juvenile proceedings; amending s.

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985.35, F.S.; requiring the Department of Juvenile Justice

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to adopt rules governing the procedures that may be used

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to restrain a child upon his or her arrival at the

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courthouse; prohibiting the use of instruments of

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restraint on a child after the child arrives at the

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courthouse; prohibiting subjecting a child to extended

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periods of isolation; providing specified exemptions;

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amending s. 985.483, F.S.; conforming a cross-reference;

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providing an effective date.

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

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     Section 1.  Section 985.35, Florida Statutes, is amended to

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read:

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     985.35  Adjudicatory hearings; withheld adjudications;

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orders of adjudication.--

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

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practicable after the petition alleging that a child has

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

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accordance with the Florida Rules of Juvenile Procedure; but

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reasonable delay for the purpose of investigation, discovery, or

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procuring counsel or witnesses shall be granted. If the child is

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being detained, the time limitations in s. 985.26(2) and (3)

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apply. The department shall adopt by rule procedures for

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restraining a child upon his or her arrival at the courthouse.

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The rules must prohibit the use of mechanical devices and

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unreasonable restraints. In addition, a child may not be subject

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to extended periods of isolation.

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     (2)  Adjudicatory hearings shall be conducted without a jury

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by the court, applying in delinquency cases the rules of evidence

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in use in criminal cases; adjourning the hearings from time to

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time as necessary; and conducting a fundamentally fair hearing in

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language understandable, to the fullest extent practicable, to

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the child before the court.

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     (a)  In a hearing on a petition alleging that a child has

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committed a delinquent act or violation of law, the evidence must

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establish the findings beyond a reasonable doubt.

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     (b)  The child is entitled to the opportunity to introduce

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evidence and otherwise be heard in the child's own behalf and to

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cross-examine witnesses.

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     (c)  A child charged with a delinquent act or violation of

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law must be afforded all rights against self-incrimination.

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Evidence illegally seized or obtained may not be received to

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establish the allegations against the child.

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     (3) Instruments of restraint, such as handcuffs, chains,

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irons, or straitjackets, may not be used on a child after his or

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her arrival at the courthouse unless the child:

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     (a) Is likely to attempt to escape during a transfer or a

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hearing;

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     (b) Is charged with a capital offense; or

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     (c) Has a history of disruptive behavior and there is a

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likelihood that the child will cause bodily harm to himself,

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herself, or others.

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     (4)(3) If the court finds that the child named in a

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petition has not committed a delinquent act or violation of law,

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it shall enter an order so finding and dismissing the case.

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     (5)(4) If the court finds that the child named in the

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petition has committed a delinquent act or violation of law, it

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may, in its discretion, enter an order stating the facts upon

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which its finding is based but withholding adjudication of

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delinquency.

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     (a)  Upon withholding adjudication of delinquency, the court

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may place the child in a probation program under the supervision

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of the department or under the supervision of any other person or

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agency specifically authorized and appointed by the court. The

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court may, as a condition of the program, impose as a penalty

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component restitution in money or in kind, community service, a

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curfew, urine monitoring, revocation or suspension of the

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driver's license of the child, or other nonresidential punishment

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appropriate to the offense, and may impose as a rehabilitative

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component a requirement of participation in substance abuse

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treatment, or school or other educational program attendance.

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     (b)  If the child is attending public school and the court

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finds that the victim or a sibling of the victim in the case was

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assigned to attend or is eligible to attend the same school as

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the child, the court order shall include a finding pursuant to

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the proceedings described in s. 985.455, regardless of whether

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adjudication is withheld.

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     (c)  If the court later finds that the child has not

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complied with the rules, restrictions, or conditions of the

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community-based program, the court may, after a hearing to

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establish the lack of compliance, but without further evidence of

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the state of delinquency, enter an adjudication of delinquency

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and shall thereafter have full authority under this chapter to

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deal with the child as adjudicated.

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     (6)(5) If the court finds that the child named in a

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petition has committed a delinquent act or violation of law, but

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elects not to proceed under subsection (4), it shall incorporate

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that finding in an order of adjudication of delinquency entered

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in the case, briefly stating the facts upon which the finding is

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made, and the court shall thereafter have full authority under

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this chapter to deal with the child as adjudicated.

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     (7)(6) Except as the term "conviction" is used in chapter

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322, and except for use in a subsequent proceeding under this

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chapter, an adjudication of delinquency by a court with respect

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to any child who has committed a delinquent act or violation of

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law shall not be deemed a conviction; nor shall the child be

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deemed to have been found guilty or to be a criminal by reason of

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that adjudication; nor shall that adjudication operate to impose

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upon the child any of the civil disabilities ordinarily imposed

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by or resulting from conviction or to disqualify or prejudice the

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child in any civil service application or appointment, with the

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exception of the use of records of proceedings under this chapter

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as provided in s. 985.045(4).

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     (8)(7) Notwithstanding any other provision of law, an

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adjudication of delinquency for an offense classified as a felony

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shall disqualify a person from lawfully possessing a firearm

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until such person reaches 24 years of age.

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     Section 2.  Subsection (2) of section 985.483, Florida

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Statutes, is amended to read:

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     985.483  Intensive residential treatment program for

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offenders less than 13 years of age.--

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     (2)  DETERMINATION.--After a child has been adjudicated

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delinquent under s. 985.35(6) s. 985.35(5), the court shall

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determine whether the child is eligible for an intensive

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residential treatment program for offenders less than 13 years of

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age under subsection (1). If the court determines that the child

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does not meet the criteria, ss. 985.435, 985.437, 985.439,

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985.441, 985.445, 985.45, and 985.455 shall apply.

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     Section 3.  This act shall take effect July 1, 2008.