| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; amending s. |
| 3 | 985.0301, F.S.; permitting a court to retain |
| 4 | jurisdiction over a child and the child's parent or |
| 5 | legal guardian whom the court has ordered to pay costs, |
| 6 | fees, and costs associated with court-appointed counsel |
| 7 | until the costs, fees, and costs associated with court- |
| 8 | appointed counsel are satisfied; providing intent; |
| 9 | amending s. 985.101, F.S.; permitting a child to be |
| 10 | taken into custody for violations of pretrial release |
| 11 | conditions; authorizing the court to set reasonable |
| 12 | conditions of pretrial release; providing examples of |
| 13 | such conditions; providing that conditions of pretrial |
| 14 | release may not be used to impose home detention when |
| 15 | not otherwise authorized; amending s. 985.24, F.S.; |
| 16 | providing an additional finding to support use of |
| 17 | secure, nonsecure, or home detention; amending s. |
| 18 | 985.245, F.S.; providing that placement in detention |
| 19 | care under a specified provision does not require a risk |
| 20 | assessment; amending s. 985.25, F.S.; providing |
| 21 | additional grounds for placement of a child in secure |
| 22 | detention care; amending s. 985.255, F.S.; providing for |
| 23 | continuing nonsecure or home detention care or secure |
| 24 | detention care prior to a detention hearing in certain |
| 25 | circumstances; amending s. 985.26, F.S.; revising time |
| 26 | limits for secure, nonsecure, or home detention care |
| 27 | under a special detention order; requiring that children |
| 28 | who have been released comply with pretrial release |
| 29 | conditions; permitting a child to be held in secure |
| 30 | detention care for additional time under specified |
| 31 | circumstances; providing that certain time limits do not |
| 32 | apply to secure detention under a specified provision; |
| 33 | amending s. 985.265, F.S.; specifying some changed |
| 34 | circumstances that permit the Department of Juvenile |
| 35 | Justice to transfer a child from nonsecure or home |
| 36 | detention care to secure detention care; amending s. |
| 37 | 985.27, F.S.; specifying circumstances under which a |
| 38 | child who is awaiting placement in a low-risk or |
| 39 | minimum-risk residential program may be held in secure |
| 40 | detention care; providing time limits on such detention |
| 41 | care; providing for secure detention care for absconders |
| 42 | from specified types of care; providing for secure |
| 43 | detention care of a child awaiting placement in a |
| 44 | moderate-risk residential program; providing for secure |
| 45 | detention care in specified circumstances; creating s. |
| 46 | 985.28, F.S.; providing for secure detention of a child |
| 47 | in specified circumstances; permitting a parent or legal |
| 48 | guardian of a child to be held in contempt of court if |
| 49 | he or she knowingly and willfully fails to bring or |
| 50 | otherwise prevents the child from appearing for trial; |
| 51 | amending s. 985.35, F.S.; conforming a cross-reference |
| 52 | to changes made by the act; amending s. 985.43, F.S.; |
| 53 | providing legislative intent concerning the |
| 54 | determination whether to commit a juvenile to the |
| 55 | Department of Juvenile Justice and the most appropriate |
| 56 | placement level if the juvenile is committed; amending |
| 57 | s. 985.433, F.S.; revising provisions relating to |
| 58 | recommendations by probation officers to the court |
| 59 | concerning placement and any proposed treatment plan of |
| 60 | juveniles; specifying that the court has the power to |
| 61 | determine appropriate dispositions; requiring that |
| 62 | reasons for a disposition be stated for the record; |
| 63 | creating s. 938.20, F.S.; permitting each county to |
| 64 | create a juvenile crime prevention fund; providing for |
| 65 | an additional court cost; providing for administration |
| 66 | and use of funds; providing an effective date. |
| 67 |
|
| 68 | Be It Enacted by the Legislature of the State of Florida: |
| 69 |
|
| 70 | Section 1. Paragraph (j) of subsection (5) of section |
| 71 | 985.0301, Florida Statutes, is redesignated as paragraph (k), |
| 72 | and a new paragraph (j) is added to that subsection to read: |
| 73 | 985.0301 Jurisdiction.-- |
| 74 | (5) |
| 75 | (j) The court may retain jurisdiction over a child and |
| 76 | the child's parent or legal guardian whom the court has |
| 77 | ordered to pay costs, fees, and costs associated with court- |
| 78 | appointed counsel until the costs, fees, and costs associated |
| 79 | with court-appointed counsel are satisfied, regardless of |
| 80 | adjudication. The court may retain jurisdiction under this |
| 81 | paragraph in conjunction with paragraph (i), or it may retain |
| 82 | jurisdiction solely under this paragraph. It is the intent of |
| 83 | the Legislature that the child and the child's parent or legal |
| 84 | guardian remain responsible for unpaid costs, fees, and costs |
| 85 | associated with court-appointed counsel until the unpaid |
| 86 | costs, fees, and costs associated with court-appointed counsel |
| 87 | are satisfied, even after the child turns 19 years of age. The |
| 88 | implementation of this paragraph does not, in any way, |
| 89 | authorize or otherwise permit details of the juvenile court |
| 90 | record to be disclosed except as provided by law. |
| 91 | Section 2. Paragraph (d) of subsection (1) of section |
| 92 | 985.101, Florida Statutes, is amended, and subsection (5) is |
| 93 | added to that section, to read: |
| 94 | 985.101 Taking a child into custody; pretrial release |
| 95 | conditions.-- |
| 96 | (1) A child may be taken into custody under the |
| 97 | following circumstances: |
| 98 | (d) By a law enforcement officer who has probable cause |
| 99 | to believe that the child is in violation of the conditions of |
| 100 | the child's pretrial release, conditions of the child's |
| 101 | probation, home detention, postcommitment probation, or |
| 102 | conditional release supervision; has absconded from |
| 103 | nonresidential commitment; or has escaped from residential |
| 104 | commitment. |
| 105 |
|
| 106 | Nothing in this subsection shall be construed to allow the |
| 107 | detention of a child who does not meet the detention criteria |
| 108 | in part V. |
| 109 | (5) The circuit court shall have the authority to set |
| 110 | reasonable conditions of pretrial release. The child shall |
| 111 | comply with all such pretrial release conditions prior to an |
| 112 | adjudicatory hearing. Reasonable conditions of pretrial |
| 113 | release may include, but are not limited to, the following: |
| 114 | (a) The child shall obey all laws. |
| 115 | (b) The child shall not possess or carry any weapon. |
| 116 | (c) The child shall not possess or use any alcoholic |
| 117 | beverage or any illegal drug or associate with those who do. |
| 118 | (d) The child shall obey all reasonable household rules. |
| 119 | (e) The child shall attend school regularly, including |
| 120 | all classes. |
| 121 | (f) The child shall abide by the curfew set by his or |
| 122 | her parents or guardian or as set by the court. |
| 123 | (g) The child shall have no contact with any |
| 124 | codefendants, an alleged victim, or the family of any alleged |
| 125 | victim. |
| 126 | (h) The child shall not return to the scene of the |
| 127 | alleged crime. |
| 128 | |
| 129 | The circuit court is not authorized to use conditions of |
| 130 | pretrial release under this subsection to impose home |
| 131 | detention on a child who does not otherwise qualify for home |
| 132 | detention. |
| 133 | Section 3. Subsection (1) of section 985.24, Florida |
| 134 | Statutes, is amended to read: |
| 135 | 985.24 Use of detention; prohibitions.-- |
| 136 | (1) All determinations and court orders regarding the |
| 137 | use of secure, nonsecure, or home detention care shall be |
| 138 | based primarily upon findings that the child: |
| 139 | (a) Presents a substantial risk of not appearing at a |
| 140 | subsequent hearing; |
| 141 | (b) Presents a substantial risk of inflicting bodily |
| 142 | harm on others as evidenced by recent behavior; |
| 143 | (c) Presents a history of committing a property offense |
| 144 | prior to adjudication, disposition, or placement; |
| 145 | (d) Has been adjudicated delinquent and committed to the |
| 146 | department in a residential facility, but is on home or |
| 147 | nonsecure detention care while awaiting placement, and: |
| 148 | 1. Absconds from home or nonsecure detention care or |
| 149 | otherwise violates the terms of release; or |
| 150 | 2. There is probable cause to believe that the child has |
| 151 | committed a new violation of law while awaiting placement; |
| 152 | (e)(d) Has committed contempt of court by: |
| 153 | 1. Intentionally disrupting the administration of the |
| 154 | court; |
| 155 | 2. Intentionally disobeying a court order; or |
| 156 | 3. Engaging in a punishable act or speech in the court's |
| 157 | presence which shows disrespect for the authority and dignity |
| 158 | of the court; or |
| 159 | (f)(e) Requests protection from imminent bodily harm. |
| 160 | Section 4. Subsection (1) of section 985.245, Florida |
| 161 | Statutes, is amended to read: |
| 162 | 985.245 Risk assessment instrument.-- |
| 163 | (1) All determinations and court orders regarding |
| 164 | placement of a child into detention care shall comply with all |
| 165 | requirements and criteria provided in this part and shall be |
| 166 | based on a risk assessment of the child, unless the child is |
| 167 | placed into detention care as provided in s. 985.255(2) or s. |
| 168 | 985.28. |
| 169 | Section 5. Paragraph (b) of subsection (1) of section |
| 170 | 985.25, Florida Statutes, is amended to read: |
| 171 | 985.25 Detention intake.-- |
| 172 | (1) The juvenile probation officer shall receive custody |
| 173 | of a child who has been taken into custody from the law |
| 174 | enforcement agency and shall review the facts in the law |
| 175 | enforcement report or probable cause affidavit and make such |
| 176 | further inquiry as may be necessary to determine whether |
| 177 | detention care is required. |
| 178 | (b) The juvenile probation officer shall base the |
| 179 | decision whether or not to place the child into secure |
| 180 | detention care, home detention care, or nonsecure detention |
| 181 | care on an assessment of risk in accordance with the risk |
| 182 | assessment instrument and procedures developed by the |
| 183 | department under s. 985.245. However, a child shall be placed |
| 184 | in secure detention care if: |
| 185 | 1. The child is charged with possessing or discharging a |
| 186 | firearm on school property in violation of s. 790.115; |
| 187 | 2. The child is alleged to have absconded from home or |
| 188 | nonsecure detention care or the child otherwise violates the |
| 189 | terms of release after adjudication and commitment to the |
| 190 | department but before placement in a residential facility; or |
| 191 | 3. There is probable cause to believe the child has |
| 192 | committed a new violation of law while on home or nonsecure |
| 193 | detention care after adjudication and commitment but before |
| 194 | placement in a residential facility shall be placed in secure |
| 195 | detention care. |
| 196 |
|
| 197 | Under no circumstances shall the juvenile probation officer or |
| 198 | the state attorney or law enforcement officer authorize the |
| 199 | detention of any child in a jail or other facility intended or |
| 200 | used for the detention of adults, without an order of the |
| 201 | court. |
| 202 | Section 6. Paragraphs (a) through (j) of subsection (1) |
| 203 | of section 985.255, Florida Statutes, are redesignated as |
| 204 | paragraphs (c) through (l), respectively, new paragraphs (a) |
| 205 | and (b) are added to that subsection, and paragraphs (a) and |
| 206 | (c) of subsection (3) of that section are amended, to read: |
| 207 | 985.255 Detention criteria; detention hearing.-- |
| 208 | (1) Subject to s. 985.25(1), a child taken into custody |
| 209 | and placed into nonsecure or home detention care or detained |
| 210 | in secure detention care prior to a detention hearing may |
| 211 | continue to be detained by the court if: |
| 212 | (a) The child is alleged to have absconded from home or |
| 213 | nonsecure detention care or otherwise violates the terms of |
| 214 | release after adjudication and commitment but while awaiting |
| 215 | placement in a residential facility. |
| 216 | (b) There is probable cause to believe the child has |
| 217 | committed a new violation of law while on home or nonsecure |
| 218 | detention care after adjudication and commitment but while |
| 219 | awaiting placement in a residential facility. |
| 220 | (3)(a) A child who meets any of the criteria in |
| 221 | subsection (1) and who is ordered to be detained under that |
| 222 | subsection shall be given a hearing within 24 hours after |
| 223 | being taken into custody. The purpose of the detention hearing |
| 224 | is to determine the existence of probable cause that the child |
| 225 | has committed the delinquent act or violation of law that he |
| 226 | or she is charged with and the need for continued detention. |
| 227 | Unless a child is detained under paragraph (1)(a), paragraph |
| 228 | (1)(b), paragraph (1)(f)(d), or paragraph (1)(g)(e), the court |
| 229 | shall use the results of the risk assessment performed by the |
| 230 | juvenile probation officer and, based on the criteria in |
| 231 | subsection (1), shall determine the need for continued |
| 232 | detention. A child placed into secure, nonsecure, or home |
| 233 | detention care may continue to be so detained by the court. A |
| 234 | child detained under paragraph (1)(a) or paragraph (1)(b) may |
| 235 | be placed into secure detention care pending placement in a |
| 236 | residential facility. |
| 237 | (c) Except as provided in paragraph (1)(a), paragraph |
| 238 | (1)(b), s. 790.22(8), or in s. 985.27, when a child is placed |
| 239 | into secure or nonsecure detention care, or into a respite |
| 240 | home or other placement pursuant to a court order following a |
| 241 | hearing, the court order must include specific instructions |
| 242 | that direct the release of the child from such placement no |
| 243 | later than 5 p.m. on the last day of the detention period |
| 244 | specified in s. 985.26 or s. 985.27, whichever is applicable, |
| 245 | unless the requirements of such applicable provision have been |
| 246 | met or an order of continuance has been granted under s. |
| 247 | 985.26(3)(4). |
| 248 | Section 7. Section 985.26, Florida Statutes, is amended |
| 249 | to read: |
| 250 | 985.26 Length of detention.-- |
| 251 | (1) A child may not be placed into or held in secure, |
| 252 | nonsecure, or home detention care for longer than 24 hours |
| 253 | unless the court orders such detention care, and the order |
| 254 | includes specific instructions that direct the release of the |
| 255 | child from such detention care, in accordance with s. 985.255. |
| 256 | The order shall be a final order, reviewable by appeal under |
| 257 | s. 985.534 and the Florida Rules of Appellate Procedure. |
| 258 | Appeals of such orders shall take precedence over other |
| 259 | appeals and other pending matters. |
| 260 | (2) A child may not be held in secure, nonsecure, or |
| 261 | home detention care under a special detention order for more |
| 262 | than 30 21 days unless an adjudicatory hearing for the case |
| 263 | has been commenced in good faith by the court. However, upon |
| 264 | good cause being shown that the nature of the charge requires |
| 265 | additional time for the prosecution or defense of the case, |
| 266 | the court may extend the length of detention for an additional |
| 267 | 15 9 days if the child is charged with an offense that would |
| 268 | be, if committed by an adult, a capital felony, a life felony, |
| 269 | a felony of the first degree, or a felony of the second degree |
| 270 | involving violence against any individual. If a child is |
| 271 | released under this subsection, the child must comply with all |
| 272 | conditions of pretrial release set by the circuit court. |
| 273 | Furthermore, a child may be held in secure detention longer |
| 274 | than 30 days if: |
| 275 | (a) The child is alleged to have absconded from home or |
| 276 | nonsecure detention care or otherwise violates the terms of |
| 277 | release after adjudication and commitment but while awaiting |
| 278 | placement in a residential facility; or |
| 279 | (b) There is probable cause to believe the child has |
| 280 | committed a new violation of law while on home or nonsecure |
| 281 | detention care after adjudication and commitment but while |
| 282 | awaiting placement in a residential facility. |
| 283 | |
| 284 | If a child meets the criteria in this subsection, the child |
| 285 | may be held in secure detention care until the child is placed |
| 286 | in a residential facility. |
| 287 | (3) Except as provided in subsection (2), a child may |
| 288 | not be held in secure, nonsecure, or home detention care for |
| 289 | more than 15 days following the entry of an order of |
| 290 | adjudication. |
| 291 | (3)(4) The time limits in subsection subsections (2) and |
| 292 | (3) do not include periods of delay resulting from a |
| 293 | continuance granted by the court for cause on motion of the |
| 294 | child or his or her counsel or of the state. Upon the issuance |
| 295 | of an order granting a continuance for cause on a motion by |
| 296 | either the child, the child's counsel, or the state, the court |
| 297 | shall conduct a hearing at the end of each 72-hour period, |
| 298 | excluding Saturdays, Sundays, and legal holidays, to determine |
| 299 | the need for continued detention of the child and the need for |
| 300 | further continuance of proceedings for the child or the state. |
| 301 | (4) The time limits required under this section do not |
| 302 | apply to children held in secure detention care pursuant to s. |
| 303 | 985.28. |
| 304 | (5) A child who was not in secure detention care at the |
| 305 | time of the adjudicatory hearing, but for whom residential |
| 306 | commitment is anticipated or recommended, may be placed under |
| 307 | a special detention order for a period not to exceed 72 hours, |
| 308 | excluding weekends and legal holidays, for the purpose of |
| 309 | conducting a comprehensive evaluation as provided in s. |
| 310 | 985.185. Motions for the issuance of such special detention |
| 311 | order may be made subsequent to a finding of delinquency. Upon |
| 312 | said motion, the court shall conduct a hearing to determine |
| 313 | the appropriateness of such special detention order and shall |
| 314 | order the least restrictive level of detention care necessary |
| 315 | to complete the comprehensive evaluation process that is |
| 316 | consistent with public safety. Such special detention order |
| 317 | may be extended for an additional 72 hours upon further order |
| 318 | of the court. |
| 319 | (6) If a child is detained and a petition for |
| 320 | delinquency is filed, the child shall be arraigned in |
| 321 | accordance with the Florida Rules of Juvenile Procedure within |
| 322 | 48 hours after the filing of the petition for delinquency. |
| 323 | Section 8. Subsection (1) of section 985.265, Florida |
| 324 | Statutes, is amended to read: |
| 325 | 985.265 Detention transfer and release; education; adult |
| 326 | jails.-- |
| 327 | (1) If a child is detained under this part, the |
| 328 | department may transfer the child from nonsecure or home |
| 329 | detention care to secure detention care only if significantly |
| 330 | changed circumstances warrant such transfer. Such |
| 331 | circumstances include, but are not necessarily limited to: |
| 332 | (a) Where a child is alleged to have absconded from home |
| 333 | or nonsecure detention care or otherwise violates the terms of |
| 334 | release after adjudication and commitment but while awaiting |
| 335 | placement in a residential facility; or |
| 336 | (b) Where probable cause exists that a child has |
| 337 | committed a new violation of law while on home or nonsecure |
| 338 | detention care after adjudication and commitment but while |
| 339 | awaiting placement in a residential facility. |
| 340 | Section 9. Subsection (1) of section 985.27, Florida |
| 341 | Statutes, is amended to read: |
| 342 | 985.27 Postcommitment detention while awaiting |
| 343 | placement.-- |
| 344 | (1) The court must place all children who are |
| 345 | adjudicated and awaiting placement in a commitment program in |
| 346 | secure detention care, home detention care, or nonsecure |
| 347 | detention care. Children who are in home detention care or |
| 348 | nonsecure detention care may be placed on electronic |
| 349 | monitoring. |
| 350 | (a) A child who is awaiting placement in a low-risk or |
| 351 | minimum-risk residential program may only be held in secure |
| 352 | detention care if the child violates the conditions of home |
| 353 | detention care or nonsecure detention care or otherwise |
| 354 | violates the terms of release; the child violates the |
| 355 | conditions of the electronic monitoring agreement; or if the |
| 356 | child otherwise qualifies for secure detention care under s. |
| 357 | 985.255 or under the criteria in this paragraph. The child may |
| 358 | be placed in secure detention care for 5 days, excluding |
| 359 | Saturdays, Sundays, and legal holidays, for the first |
| 360 | violation. For any subsequent violation, the court may impose |
| 361 | an additional 15 days in secure detention care. If any child |
| 362 | who absconds from home detention care or nonsecure detention |
| 363 | care or otherwise violates the terms of release or electronic |
| 364 | monitoring, or where there is probable cause that a child |
| 365 | committed a new violation of law while on home detention care, |
| 366 | nonsecure detention care, or electronic monitoring, and is |
| 367 | awaiting placement in a residential program may be held in |
| 368 | secure detention care until placed in a residential facility |
| 369 | or program with credit for time served. A child who is |
| 370 | awaiting placement in a low-risk residential program must be |
| 371 | removed from detention within 5 days, excluding Saturdays, |
| 372 | Sundays, and legal holidays. Any child held in secure |
| 373 | detention during the 5 days must meet detention admission |
| 374 | criteria under this part. A child who is placed in home |
| 375 | detention care, nonsecure detention care, or home or nonsecure |
| 376 | detention care with electronic monitoring, while awaiting |
| 377 | placement in a minimum-risk or low-risk program, may be held |
| 378 | in secure detention care for 5 days, if the child violates the |
| 379 | conditions of the home detention care, the nonsecure detention |
| 380 | care, or the electronic monitoring agreement. For any |
| 381 | subsequent violation, the court may impose an additional 5 |
| 382 | days in secure detention care. |
| 383 | (b)1. A child who is awaiting placement in a moderate- |
| 384 | risk residential program must be placed in secure detention |
| 385 | care, home detention care, or nonsecure detention care. Any |
| 386 | child held in secure detention care must meet detention |
| 387 | admission criteria under this part. |
| 388 | 2. A child may not be held in secure detention care |
| 389 | longer than 15 days while awaiting placement in a moderate- |
| 390 | risk residential facility, except that any child shall be held |
| 391 | in secure detention care until placed in a residential |
| 392 | facility or program with credit for time served if: |
| 393 | a. The child is alleged to have absconded from home |
| 394 | detention care or nonsecure detention care or otherwise |
| 395 | violated the terms of release or electronic monitoring; or |
| 396 | b. Where probable cause exists that a child committed a |
| 397 | new violation of law while on home detention care, nonsecure |
| 398 | detention care, or electronic monitoring and the child is |
| 399 | awaiting placement in a residential program. A child who is |
| 400 | awaiting placement in a moderate-risk residential program must |
| 401 | be removed from detention within 5 days, excluding Saturdays, |
| 402 | Sundays, and legal holidays. Any child held in secure |
| 403 | detention during the 5 days must meet detention admission |
| 404 | criteria under this part. The department may seek an order |
| 405 | from the court authorizing continued detention for a specific |
| 406 | period of time necessary for the appropriate residential |
| 407 | placement of the child. However, such continued detention in |
| 408 | secure detention care may not exceed 15 days after entry of |
| 409 | the commitment order, excluding Saturdays, Sundays, and legal |
| 410 | holidays, and except as otherwise provided in this section. A |
| 411 | child who is placed in home detention care, nonsecure |
| 412 | detention care, or home or nonsecure detention care with |
| 413 | electronic monitoring, while awaiting placement in a moderate- |
| 414 | risk program, may be held in secure detention care for 5 days, |
| 415 | if the child violates the conditions of the home detention |
| 416 | care, the nonsecure detention care, or the electronic |
| 417 | monitoring agreement. For any subsequent violation, the court |
| 418 | may impose an additional 5 days in secure detention care. |
| 419 | (c) If the child is committed to a high-risk residential |
| 420 | program, the child must be held in secure detention care until |
| 421 | placement or commitment is accomplished. |
| 422 | (d) If the child is committed to a maximum-risk |
| 423 | residential program, the child must be held in secure |
| 424 | detention care until placement or commitment is accomplished. |
| 425 | Section 10. Section 985.28, Florida Statutes, is created |
| 426 | to read: |
| 427 | 985.28 Appearance in court; pretrial detention; |
| 428 | contempt.-- |
| 429 | (1) A child may be held in secure detention care if, |
| 430 | after proper notice, the child refuses to appear in court, |
| 431 | runs away, or otherwise intentionally avoids his or her |
| 432 | appearance in court. The court may hold the child in secure |
| 433 | detention care until the trial concludes, regardless of the |
| 434 | results of the risk assessment instrument. |
| 435 | (2) A parent or legal guardian, after being properly |
| 436 | noticed, who knowingly and willfully fails to bring or |
| 437 | otherwise prevents a child from appearing for trial may be |
| 438 | held in contempt of court. |
| 439 | Section 11. Subsection (1) of section 985.35, Florida |
| 440 | Statutes, is amended to read: |
| 441 | 985.35 Adjudicatory hearings; withheld adjudications; |
| 442 | orders of adjudication.-- |
| 443 | (1) The adjudicatory hearing must be held as soon as |
| 444 | practicable after the petition alleging that a child has |
| 445 | committed a delinquent act or violation of law is filed and in |
| 446 | accordance with the Florida Rules of Juvenile Procedure; but |
| 447 | reasonable delay for the purpose of investigation, discovery, |
| 448 | or procuring counsel or witnesses shall be granted. If the |
| 449 | child is being detained, the time limitations in s. 985.26(2) |
| 450 | and (3) apply. |
| 451 | Section 12. Subsection (4) is added to section 985.43, |
| 452 | Florida Statutes, to read: |
| 453 | 985.43 Predisposition reports; other evaluations.-- |
| 454 | (4) It is the intent of the Legislature that the court |
| 455 | is in the best position to weigh all facts and circumstances |
| 456 | to determine whether or not to commit a juvenile to the |
| 457 | department and to determine the most appropriate placement |
| 458 | level for a juvenile committed to the department. |
| 459 | Section 13. Paragraphs (a) and (b) of subsection (7) of |
| 460 | section 985.433, Florida Statutes, are amended to read: |
| 461 | 985.433 Disposition hearings in delinquency cases.--When |
| 462 | a child has been found to have committed a delinquent act, the |
| 463 | following procedures shall be applicable to the disposition of |
| 464 | the case: |
| 465 | (7) If the court determines that the child should be |
| 466 | adjudicated as having committed a delinquent act and should be |
| 467 | committed to the department, such determination shall be in |
| 468 | writing or on the record of the hearing. The determination |
| 469 | shall include a specific finding of the reasons for the |
| 470 | decision to adjudicate and to commit the child to the |
| 471 | department, including any determination that the child was a |
| 472 | member of a criminal street gang. |
| 473 | (a) The juvenile probation officer shall make a |
| 474 | recommendation to the court concerning placement and any |
| 475 | proposed treatment plan recommend to the court the most |
| 476 | appropriate placement and treatment plan, specifically |
| 477 | identifying the restrictiveness level most appropriate for the |
| 478 | child. If the court has determined that the child was a member |
| 479 | of a criminal street gang, that determination shall be given |
| 480 | great weight in identifying the most appropriate |
| 481 | restrictiveness level for the child. The court shall consider |
| 482 | the department's recommendation in making its commitment |
| 483 | decision. |
| 484 | (b) The court may shall commit the child to the |
| 485 | department at the restrictiveness level identified by the |
| 486 | department or the court may order placement at a different |
| 487 | restrictiveness level. The court may determine the disposition |
| 488 | on the same factors as the department considered in the |
| 489 | department's predisposition report and placement |
| 490 | recommendation even if the court reaches a different |
| 491 | conclusion. The court may commit the child to a different |
| 492 | restrictiveness level than recommended by the department. The |
| 493 | court shall state for the record the reasons for the |
| 494 | disposition imposed that establish by a preponderance of the |
| 495 | evidence why the court is disregarding the assessment of the |
| 496 | child and the restrictiveness level recommended by the |
| 497 | department. Any party may appeal the court's findings |
| 498 | resulting in a modified level of restrictiveness under this |
| 499 | paragraph. |
| 500 | Section 14. Section 938.20, Florida Statutes, is created |
| 501 | to read: |
| 502 | 938.20 County juvenile crime prevention fund.-- |
| 503 | (1) Notwithstanding s. 318.121, and in addition to ss. |
| 504 | 938.19 and 939.185, in each county the board of county |
| 505 | commissioners may adopt a mandatory court cost to be assessed |
| 506 | in specific cases by incorporating by reference the provisions |
| 507 | of this section in a county ordinance. Assessments collected |
| 508 | by the clerk of the circuit court under this section shall be |
| 509 | deposited into an account specifically for the administration |
| 510 | of the county's juvenile crime prevention fund. The proceeds |
| 511 | of the county's juvenile crime prevention fund shall only be |
| 512 | used to fund local programs whose principal focus is the |
| 513 | prevention of juvenile crime, the creation of consequence or |
| 514 | suspension centers, truancy programs, and other areas of local |
| 515 | concern relating to juvenile crime. |
| 516 | (2) A sum of up to $50 shall be assessed as a court cost |
| 517 | in the circuit court in the county against each juvenile who |
| 518 | pleads guilty or nolo contendere to, or is found guilty of, |
| 519 | regardless of adjudication, a violation of criminal law or |
| 520 | municipal or county ordinance. |
| 521 | (3) The assessment for court costs under this section |
| 522 | shall be assessed in addition to any other cost or fee and may |
| 523 | not be deducted from the proceeds of any other cost that is |
| 524 | received by the county. |
| 525 | (4)(a) The clerk of the circuit court shall collect the |
| 526 | assessments for court costs under this section and shall remit |
| 527 | the assessments to the county's juvenile crime prevention fund |
| 528 | monthly. |
| 529 | (b) The clerk of the circuit court shall withhold 3 |
| 530 | percent of the assessments collected, which shall be retained |
| 531 | as fee income of the office of the clerk of the circuit court. |
| 532 | (5) A county's juvenile crime prevention fund must |
| 533 | account for all funds received and disbursed under this |
| 534 | section in a written report to the board of county |
| 535 | commissioners of that county. The report must be given to the |
| 536 | commissioners by August 1 of each year unless a different date |
| 537 | is required by the commissioners. |
| 538 | (6) A county's juvenile crime prevention fund may be |
| 539 | administered by a nonprofit organization, a law enforcement |
| 540 | agency, the court administrator, the clerk of the circuit |
| 541 | court, a county agency, or another similar agency authorized |
| 542 | by the board of county commissioners of that county. |
| 543 | Section 15. This act shall take effect July 1, 2008. |