1

A bill to be entitled

2

An act relating to juvenile justice; amending s. 985.255,

3

F.S.; providing that it is a violation of law for a

4

juvenile to fail to appear as required before a court or

5

judicial officer; revising provisions relating to

6

detention of a juvenile for failure to appear; conforming

7

cross-references; amending s. 985.26, F.S.; providing for

8

holding a child charged with failure to appear in secure

9

detention for a specified period; providing exceptions to

10

specified detention time limits; amending s. 985.245,

11

F.S.; conforming a cross-reference; amending s. 985.27,

12

F.S.; requiring that juveniles held pending specified

13

placements or commitments be held in secure detention;

14

amending s. 985.43, F.S.; conforming a cross-reference;

15

reenacting and amending s. 790.22(8), F.S., relating to

16

use of BB guns, air or gas-operated guns, or electric

17

weapons or devices by minors under 16, to incorporate the

18

amendment to s. 985.255, F.S., in references thereto;

19

conforming a cross-reference; reenacting ss. 985.275(1)

20

and 985.319(6), F.S., relating to detention of escapee or

21

absconder on authority of the Department of Juvenile

22

Justice and to process and service, respectively, to

23

incorporate the amendment to s. 985.255, F.S., in

24

references thereto; reenacting s. 985.35(1), F.S.,

25

relating to adjudicatory hearings, withheld adjudications,

26

and orders of adjudication, to incorporate the amendment

27

to s. 985.26, F.S., in a reference thereto; providing an

28

effective date.

29

30

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

31

32

     Section 1.  Section 985.255, Florida Statutes, is amended to

33

read:

34

     985.255  Detention criteria; detention hearing.--

35

     (1) Any child who fails to appear before the court or a

36

judicial officer as required commits a violation of law. The

37

court may order that the child be taken into custody and placed

38

into secure, nonsecure, or home detention care as provided in

39

this section.

40

     (2)(1) Subject to s. 985.25(1), a child taken into custody

41

and placed into nonsecure or home detention care or detained in

42

secure detention care prior to a detention hearing may continue

43

to be detained by the court if:

44

     (a)  The child is alleged to be an escapee from a

45

residential commitment program; or an absconder from a

46

nonresidential commitment program, a probation program, or

47

conditional release supervision; or is alleged to have escaped

48

while being lawfully transported to or from a residential

49

commitment program.

50

     (b)  The child is wanted in another jurisdiction for an

51

offense which, if committed by an adult, would be a felony.

52

     (c)  The child is charged with a delinquent act or violation

53

of law and requests in writing through legal counsel to be

54

detained for protection from an imminent physical threat to his

55

or her personal safety.

56

     (d)  The child is charged with committing an offense of

57

domestic violence as defined in s. 741.28 and is detained as

58

provided in subsection (3) (2).

59

     (e)  The child is charged with possession or discharging a

60

firearm on school property in violation of s. 790.115.

61

     (f)  The child is charged with a capital felony, a life

62

felony, a felony of the first degree, a felony of the second

63

degree that does not involve a violation of chapter 893, or a

64

felony of the third degree that is also a crime of violence,

65

including any such offense involving the use or possession of a

66

firearm.

67

     (g)  The child is charged with any second degree or third

68

degree felony involving a violation of chapter 893 or any third

69

degree felony that is not also a crime of violence, and the

70

child:

71

     1.  Has a record of failure to appear at court hearings

72

after being properly notified in accordance with the Rules of

73

Juvenile Procedure;

74

     2.  Has a record of law violations prior to court hearings;

75

     3.  Has already been detained or has been released and is

76

awaiting final disposition of the case;

77

     4.  Has a record of violent conduct resulting in physical

78

injury to others; or

79

     5.  Is found to have been in possession of a firearm.

80

     (h)  The child is alleged to have violated the conditions of

81

the child's probation or conditional release supervision.

82

However, a child detained under this paragraph may be held only

83

in a consequence unit as provided in s. 985.439. If a consequence

84

unit is not available, the child shall be placed on home

85

detention with electronic monitoring.

86

     (i) The child is charged with failure to appear. The child

87

is detained on a judicial order for failure to appear and has

88

previously willfully failed to appear, after proper notice, for

89

an adjudicatory hearing on the same case regardless of the

90

results of the risk assessment instrument. A child may be held in

91

secure detention for up to 72 hours in advance of the next

92

scheduled court hearing pursuant to this paragraph. The child's

93

failure to keep the clerk of court and defense counsel informed

94

of a current and valid mailing address where the child will

95

receive notice to appear at court proceedings does not provide an

96

adequate ground for excusal of the child's nonappearance at the

97

hearings.

98

     (j) The child is detained on a judicial order for failure

99

to appear and has previously willfully failed to appear, after

100

proper notice, at two or more court hearings of any nature on the

101

same case regardless of the results of the risk assessment

102

instrument. A child may be held in secure detention for up to 72

103

hours in advance of the next scheduled court hearing pursuant to

104

this paragraph. The child's failure to keep the clerk of court

105

and defense counsel informed of a current and valid mailing

106

address where the child will receive notice to appear at court

107

proceedings does not provide an adequate ground for excusal of

108

the child's nonappearance at the hearings.

109

     (3)(2) A child who is charged with committing an offense of

110

domestic violence as defined in s. 741.28 and who does not meet

111

detention criteria may be held in secure detention if the court

112

makes specific written findings that:

113

     (a)  Respite care for the child is not available.

114

     (b)  It is necessary to place the child in secure detention

115

in order to protect the victim from injury.

116

117

The child may not be held in secure detention under this

118

subsection for more than 48 hours unless ordered by the court.

119

After 48 hours, the court shall hold a hearing if the state

120

attorney or victim requests that secure detention be continued.

121

The child may continue to be held in detention care if the court

122

makes a specific, written finding that detention care is

123

necessary to protect the victim from injury. However, the child

124

may not be held in detention care beyond the time limits set

125

forth in this section or s. 985.26.

126

     (4)(3)(a) A child who meets any of the criteria in

127

subsection (2) (1) and who is ordered to be detained under that

128

subsection shall be given a hearing within 24 hours after being

129

taken into custody. The purpose of the detention hearing is to

130

determine the existence of probable cause that the child has

131

committed the delinquent act or violation of law that he or she

132

is charged with and the need for continued detention. Unless a

133

child is detained under paragraph (2)(d), (1)(d) or paragraph

134

(2)(e), or paragraph (2)(i) (1)(e), the court shall use the

135

results of the risk assessment performed by the juvenile

136

probation officer and, based on the criteria in subsection

137

(2)(1), shall determine the need for continued detention. A child

138

placed into secure, nonsecure, or home detention care may

139

continue to be so detained by the court.

140

     (b)  If the court orders a placement more restrictive than

141

indicated by the results of the risk assessment instrument, the

142

court shall state, in writing, clear and convincing reasons for

143

such placement.

144

     (c)  Except as provided in s. 790.22(8) or in s. 985.27,

145

when a child is placed into secure or nonsecure detention care,

146

or into a respite home or other placement pursuant to a court

147

order following a hearing, the court order must include specific

148

instructions that direct the release of the child from such

149

placement no later than 5 p.m. on the last day of the detention

150

period specified in s. 985.26 or s. 985.27, whichever is

151

applicable, unless the requirements of such applicable provision

152

have been met or an order of continuance has been granted under

153

s. 985.26(4).

154

     Section 2.  Subsection (2) of section 985.26, Florida

155

Statutes, is amended, subsections (5) and (6) of that section are

156

renumbered as subsections (6) and (7), respectively, and a new

157

subsection (5) is added to that section, to read:

158

     985.26  Length of detention.--

159

     (2)  A child may not be held in secure, nonsecure, or home

160

detention care under a special detention order for more than 21

161

days unless an adjudicatory hearing for the case has been

162

commenced in good faith by the court. However, upon good cause

163

being shown that the nature of the charge requires additional

164

time for the prosecution or defense of the case, the court may

165

extend the length of detention for an additional 9 days if the

166

child is charged with an offense that would be, if committed by

167

an adult, a capital felony, a life felony, a felony of the first

168

degree, or a felony of the second degree involving violence

169

against any individual. However, if a child is charged with

170

failure to appear for a felony offense, the child shall be held

171

in secure detention for a total of 28 days prior to commencement

172

of the adjudicatory hearing. If a child is charged with failure

173

to appear for a misdemeanor offense, the child may be held in

174

secure detention for a total of 28 days prior to commencement of

175

the adjudicatory hearing.

176

     (5)(a) The detention time limits in subsections (2) and (3)

177

do not apply as follows:

178

     1. Each time a child is charged with failure to appear, the

179

child may be held in secure detention for up to 28 additional

180

days prior to commencement of the adjudicatory hearing.

181

     2. Each time a child is charged with a violation of

182

probation or postcommitment probation, the child may be held in

183

secure detention for up to 28 additional days prior to

184

commencement of the adjudicatory hearing.

185

     3. Each time a child is charged with violating his or her

186

home detention care, nonsecure detention care, or electronic

187

monitoring prior to the commencement of the adjudicatory hearing,

188

the child may be held for up to 28 additional days for each

189

violation.

190

     4. Each time a child is charged with violating his or her

191

home detention care, nonsecure detention care, or electronic

192

monitoring subsequent to the adjudicatory hearing, the child may

193

be held for up to 5 additional days for each violation while

194

awaiting placement.

195

     (b) Each incident of cutting, altering, or otherwise

196

tampering with any electronic monitoring equipment is a separate

197

violation of the terms and conditions of electronic monitoring

198

and may also be charged as a separate delinquent act.

199

     Section 3.  Subsection (1) of section 985.245, Florida

200

Statutes, is amended to read:

201

     985.245  Risk assessment instrument.--

202

     (1)  All determinations and court orders regarding placement

203

of a child into detention care shall comply with all requirements

204

and criteria provided in this part and shall be based on a risk

205

assessment of the child, unless the child is placed into

206

detention care as provided in s. 985.255(3)(2).

207

     Section 4.  Paragraphs (c) and (d) of subsection (1) of

208

section 985.27, Florida Statutes, are amended to read:

209

     985.27  Postcommitment detention while awaiting placement.--

210

     (1)  The court must place all children who are adjudicated

211

and awaiting placement in a commitment program in detention care.

212

Children who are in home detention care or nonsecure detention

213

care may be placed on electronic monitoring.

214

     (c)  If the child is committed to a high-risk residential

215

program, the child must be held in secure detention care until

216

placement or commitment is accomplished.

217

     (d)  If the child is committed to a maximum-risk residential

218

program, the child must be held in secure detention care until

219

placement or commitment is accomplished.

220

     Section 5.  Paragraph (c) of subsection (1) of section

221

985.43, Florida Statutes, is amended to read:

222

     985.43  Predisposition reports; other evaluations.--

223

     (1)  Upon a finding that the child has committed a

224

delinquent act:

225

     (c)  A child who was not in secure detention at the time of

226

the adjudicatory hearing, but for whom residential commitment is

227

anticipated or recommended, may be placed under a special

228

detention order, as provided in s. 985.26(6)(5), for the purpose

229

of conducting a comprehensive evaluation.

230

     Section 6.  For the purpose of incorporating the amendment

231

made by this act to section 985.255, Florida Statutes, in a

232

reference thereto, subsection (8) of section 790.22, Florida

233

Statutes, is reenacted and amended to read:

234

     790.22  Use of BB guns, air or gas-operated guns, or

235

electric weapons or devices by minor under 16; limitation;

236

possession of firearms by minor under 18 prohibited; penalties.--

237

     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor

238

under 18 years of age is charged with an offense that involves

239

the use or possession of a firearm, as defined in s. 790.001,

240

including a violation of subsection (3), or is charged for any

241

offense during the commission of which the minor possessed a

242

firearm, the minor shall be detained in secure detention, unless

243

the state attorney authorizes the release of the minor, and shall

244

be given a hearing within 24 hours after being taken into

245

custody. At the hearing, the court may order that the minor

246

continue to be held in secure detention in accordance with the

247

applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if

248

the court finds that the minor meets the criteria specified in s.

249

985.255, or if the court finds by clear and convincing evidence

250

that the minor is a clear and present danger to himself or

251

herself or the community. The Department of Juvenile Justice

252

shall prepare a form for all minors charged under this subsection

253

that states the period of detention and the relevant demographic

254

information, including, but not limited to, the sex, age, and

255

race of the minor; whether or not the minor was represented by

256

private counsel or a public defender; the current offense; and

257

the minor's complete prior record, including any pending cases.

258

The form shall be provided to the judge to be considered when

259

determining whether the minor should be continued in secure

260

detention under this subsection. An order placing a minor in

261

secure detention because the minor is a clear and present danger

262

to himself or herself or the community must be in writing, must

263

specify the need for detention and the benefits derived by the

264

minor or the community by placing the minor in secure detention,

265

and must include a copy of the form provided by the department.

266

The Department of Juvenile Justice must send the form, including

267

a copy of any order, without client-identifying information, to

268

the Office of Economic and Demographic Research.

269

     Section 7.  For the purpose of incorporating the amendment

270

made by this act to section 985.255, Florida Statutes, in a

271

reference thereto, subsection (1) of section 985.275, Florida

272

Statutes, is reenacted to read:

273

     985.275  Detention of escapee or absconder on authority of

274

the department.--

275

     (1)  If an authorized agent of the department has reasonable

276

grounds to believe that any delinquent child committed to the

277

department has escaped from a residential commitment facility or

278

from being lawfully transported thereto or therefrom, or has

279

absconded from a nonresidential commitment facility, the agent

280

may take the child into active custody and may deliver the child

281

to the facility or, if it is closer, to a detention center for

282

return to the facility. However, a child may not be held in

283

detention longer than 24 hours, excluding Saturdays, Sundays, and

284

legal holidays, unless a special order so directing is made by

285

the judge after a detention hearing resulting in a finding that

286

detention is required based on the criteria in s. 985.255. The

287

order shall state the reasons for such finding. The reasons shall

288

be reviewable by appeal or in habeas corpus proceedings in the

289

district court of appeal.

290

     Section 8.  For the purpose of incorporating the amendment

291

made by this act to section 985.255, Florida Statutes, in a

292

reference thereto, subsection (6) of section 985.319, Florida

293

Statutes, is reenacted to read:

294

     985.319  Process and service.--

295

     (6)  If the petition alleges that the child has committed a

296

delinquent act or violation of law and the judge deems it

297

advisable to do so, under the criteria of s. 985.255, the judge

298

may, by endorsement upon the summons and after the entry of an

299

order in which valid reasons are specified, order the child to be

300

taken into custody immediately, and in such case the person

301

serving the summons shall immediately take the child into

302

custody.

303

     Section 9.  For the purpose of incorporating the amendment

304

made by this act to section 985.26, Florida Statutes, in a

305

reference thereto, subsection (1) of section 985.35, Florida

306

Statutes, is reenacted to read:

307

     985.35  Adjudicatory hearings; withheld adjudications;

308

orders of adjudication.--

309

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

310

practicable after the petition alleging that a child has

311

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

312

accordance with the Florida Rules of Juvenile Procedure; but

313

reasonable delay for the purpose of investigation, discovery, or

314

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

315

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

316

apply.

317

     Section 10.  This act shall take effect October 1, 2008.