HB 273

1
A bill to be entitled
2An act relating to juvenile justice; amending s.
3985.0301, F.S.; permitting a court to retain
4jurisdiction over a child and the child's parent or
5legal guardian whom the court has ordered to pay costs,
6fees, and costs associated with court-appointed counsel
7until the costs, fees, and costs associated with court-
8appointed counsel are satisfied; providing intent;
9amending s. 985.101, F.S.; permitting a child to be
10taken into custody for violations of pretrial release
11conditions; authorizing the court to set reasonable
12conditions of pretrial release; providing examples of
13such conditions; providing that conditions of pretrial
14release may not be used to impose home detention when
15not otherwise authorized; amending s. 985.24, F.S.;
16providing an additional finding to support use of
17secure, nonsecure, or home detention; amending s.
18985.245, F.S.; providing that placement in detention
19care under a specified provision does not require a risk
20assessment; amending s. 985.25, F.S.; providing
21additional grounds for placement of a child in secure
22detention care; amending s. 985.255, F.S.; providing for
23continuing nonsecure or home detention care or secure
24detention care prior to a detention hearing in certain
25circumstances; amending s. 985.26, F.S.; revising time
26limits for secure, nonsecure, or home detention care
27under a special detention order; requiring that children
28who have been released comply with pretrial release
29conditions; permitting a child to be held in secure
30detention care for additional time under specified
31circumstances; providing that certain time limits do not
32apply to secure detention under a specified provision;
33amending s. 985.265, F.S.; specifying some changed
34circumstances that permit the Department of Juvenile
35Justice to transfer a child from nonsecure or home
36detention care to secure detention care; amending s.
37985.27, F.S.; specifying circumstances under which a
38child who is awaiting placement in a low-risk or
39minimum-risk residential program may be held in secure
40detention care; providing time limits on such detention
41care; providing for secure detention care for absconders
42from specified types of care; providing for secure
43detention care of a child awaiting placement in a
44moderate-risk residential program; providing for secure
45detention care in specified circumstances; creating s.
46985.28, F.S.; providing for secure detention of a child
47in specified circumstances; permitting a parent or legal
48guardian of a child to be held in contempt of court if
49he or she knowingly and willfully fails to bring or
50otherwise prevents the child from appearing for trial;
51amending s. 985.35, F.S.; conforming a cross-reference
52to changes made by the act; amending s. 985.43, F.S.;
53providing legislative intent concerning the
54determination whether to commit a juvenile to the
55Department of Juvenile Justice and the most appropriate
56placement level if the juvenile is committed; amending
57s. 985.433, F.S.; revising provisions relating to
58recommendations by probation officers to the court
59concerning placement and any proposed treatment plan of
60juveniles; specifying that the court has the power to
61determine appropriate dispositions; requiring that
62reasons for a disposition be stated for the record;
63creating s. 938.20, F.S.; permitting each county to
64create a juvenile crime prevention fund; providing for
65an additional court cost; providing for administration
66and use of funds; providing an effective date.
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  Paragraph (j) of subsection (5) of section
71985.0301, Florida Statutes, is redesignated as paragraph (k),
72and 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
76the child's parent or legal guardian whom the court has
77ordered to pay costs, fees, and costs associated with court-
78appointed counsel until the costs, fees, and costs associated
79with court-appointed counsel are satisfied, regardless of
80adjudication. The court may retain jurisdiction under this
81paragraph in conjunction with paragraph (i), or it may retain
82jurisdiction solely under this paragraph. It is the intent of
83the Legislature that the child and the child's parent or legal
84guardian remain responsible for unpaid costs, fees, and costs
85associated with court-appointed counsel until the unpaid
86costs, fees, and costs associated with court-appointed counsel
87are satisfied, even after the child turns 19 years of age. The
88implementation of this paragraph does not, in any way,
89authorize or otherwise permit details of the juvenile court
90record to be disclosed except as provided by law.
91     Section 2.  Paragraph (d) of subsection (1) of section
92985.101, Florida Statutes, is amended, and subsection (5) is
93added to that section, to read:
94     985.101  Taking a child into custody; pretrial release
95conditions.--
96     (1)  A child may be taken into custody under the
97following circumstances:
98     (d)  By a law enforcement officer who has probable cause
99to believe that the child is in violation of the conditions of
100the child's pretrial release, conditions of the child's
101probation, home detention, postcommitment probation, or
102conditional release supervision; has absconded from
103nonresidential commitment; or has escaped from residential
104commitment.
105
106Nothing in this subsection shall be construed to allow the
107detention of a child who does not meet the detention criteria
108in part V.
109     (5)  The circuit court shall have the authority to set
110reasonable conditions of pretrial release. The child shall
111comply with all such pretrial release conditions prior to an
112adjudicatory hearing. Reasonable conditions of pretrial
113release 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
117beverage 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
120all classes.
121     (f)  The child shall abide by the curfew set by his or
122her parents or guardian or as set by the court.
123     (g)  The child shall have no contact with any
124codefendants, an alleged victim, or the family of any alleged
125victim.
126     (h)  The child shall not return to the scene of the
127alleged crime.
128
129The circuit court is not authorized to use conditions of
130pretrial release under this subsection to impose home
131detention on a child who does not otherwise qualify for home
132detention.
133     Section 3.  Subsection (1) of section 985.24, Florida
134Statutes, is amended to read:
135     985.24  Use of detention; prohibitions.--
136     (1)  All determinations and court orders regarding the
137use of secure, nonsecure, or home detention care shall be
138based primarily upon findings that the child:
139     (a)  Presents a substantial risk of not appearing at a
140subsequent hearing;
141     (b)  Presents a substantial risk of inflicting bodily
142harm on others as evidenced by recent behavior;
143     (c)  Presents a history of committing a property offense
144prior to adjudication, disposition, or placement;
145     (d)  Has been adjudicated delinquent and committed to the
146department in a residential facility, but is on home or
147nonsecure detention care while awaiting placement, and:
148     1.  Absconds from home or nonsecure detention care or
149otherwise violates the terms of release; or
150     2.  There is probable cause to believe that the child has
151committed 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
154court;
155     2.  Intentionally disobeying a court order; or
156     3.  Engaging in a punishable act or speech in the court's
157presence which shows disrespect for the authority and dignity
158of the court; or
159     (f)(e)  Requests protection from imminent bodily harm.
160     Section 4.  Subsection (1) of section 985.245, Florida
161Statutes, is amended to read:
162     985.245  Risk assessment instrument.--
163     (1)  All determinations and court orders regarding
164placement of a child into detention care shall comply with all
165requirements and criteria provided in this part and shall be
166based on a risk assessment of the child, unless the child is
167placed into detention care as provided in s. 985.255(2) or s.
168985.28.
169     Section 5.  Paragraph (b) of subsection (1) of section
170985.25, Florida Statutes, is amended to read:
171     985.25  Detention intake.--
172     (1)  The juvenile probation officer shall receive custody
173of a child who has been taken into custody from the law
174enforcement agency and shall review the facts in the law
175enforcement report or probable cause affidavit and make such
176further inquiry as may be necessary to determine whether
177detention care is required.
178     (b)  The juvenile probation officer shall base the
179decision whether or not to place the child into secure
180detention care, home detention care, or nonsecure detention
181care on an assessment of risk in accordance with the risk
182assessment instrument and procedures developed by the
183department under s. 985.245. However, a child shall be placed
184in secure detention care if:
185     1.  The child is charged with possessing or discharging a
186firearm on school property in violation of s. 790.115;
187     2.  The child is alleged to have absconded from home or
188nonsecure detention care or the child otherwise violates the
189terms of release after adjudication and commitment to the
190department but before placement in a residential facility; or
191     3.  There is probable cause to believe the child has
192committed a new violation of law while on home or nonsecure
193detention care after adjudication and commitment but before
194placement in a residential facility shall be placed in secure
195detention care.
196
197Under no circumstances shall the juvenile probation officer or
198the state attorney or law enforcement officer authorize the
199detention of any child in a jail or other facility intended or
200used for the detention of adults, without an order of the
201court.
202     Section 6.  Paragraphs (a) through (j) of subsection (1)
203of section 985.255, Florida Statutes, are redesignated as
204paragraphs (c) through (l), respectively, new paragraphs (a)
205and (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
209and placed into nonsecure or home detention care or detained
210in secure detention care prior to a detention hearing may
211continue to be detained by the court if:
212     (a)  The child is alleged to have absconded from home or
213nonsecure detention care or otherwise violates the terms of
214release after adjudication and commitment but while awaiting
215placement in a residential facility.
216     (b)  There is probable cause to believe the child has
217committed a new violation of law while on home or nonsecure
218detention care after adjudication and commitment but while
219awaiting placement in a residential facility.
220     (3)(a)  A child who meets any of the criteria in
221subsection (1) and who is ordered to be detained under that
222subsection shall be given a hearing within 24 hours after
223being taken into custody. The purpose of the detention hearing
224is to determine the existence of probable cause that the child
225has committed the delinquent act or violation of law that he
226or she is charged with and the need for continued detention.
227Unless a child is detained under paragraph (1)(a), paragraph
228(1)(b), paragraph (1)(f)(d), or paragraph (1)(g)(e), the court
229shall use the results of the risk assessment performed by the
230juvenile probation officer and, based on the criteria in
231subsection (1), shall determine the need for continued
232detention. A child placed into secure, nonsecure, or home
233detention care may continue to be so detained by the court. A
234child detained under paragraph (1)(a) or paragraph (1)(b) may
235be placed into secure detention care pending placement in a
236residential 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
239into secure or nonsecure detention care, or into a respite
240home or other placement pursuant to a court order following a
241hearing, the court order must include specific instructions
242that direct the release of the child from such placement no
243later than 5 p.m. on the last day of the detention period
244specified in s. 985.26 or s. 985.27, whichever is applicable,
245unless the requirements of such applicable provision have been
246met or an order of continuance has been granted under s.
247985.26(3)(4).
248     Section 7.  Section 985.26, Florida Statutes, is amended
249to read:
250     985.26  Length of detention.--
251     (1)  A child may not be placed into or held in secure,
252nonsecure, or home detention care for longer than 24 hours
253unless the court orders such detention care, and the order
254includes specific instructions that direct the release of the
255child from such detention care, in accordance with s. 985.255.
256The order shall be a final order, reviewable by appeal under
257s. 985.534 and the Florida Rules of Appellate Procedure.
258Appeals of such orders shall take precedence over other
259appeals and other pending matters.
260     (2)  A child may not be held in secure, nonsecure, or
261home detention care under a special detention order for more
262than 30 21 days unless an adjudicatory hearing for the case
263has been commenced in good faith by the court. However, upon
264good cause being shown that the nature of the charge requires
265additional time for the prosecution or defense of the case,
266the court may extend the length of detention for an additional
26715 9 days if the child is charged with an offense that would
268be, if committed by an adult, a capital felony, a life felony,
269a felony of the first degree, or a felony of the second degree
270involving violence against any individual. If a child is
271released under this subsection, the child must comply with all
272conditions of pretrial release set by the circuit court.
273Furthermore, a child may be held in secure detention longer
274than 30 days if:
275     (a)  The child is alleged to have absconded from home or
276nonsecure detention care or otherwise violates the terms of
277release after adjudication and commitment but while awaiting
278placement in a residential facility; or
279     (b)  There is probable cause to believe the child has
280committed a new violation of law while on home or nonsecure
281detention care after adjudication and commitment but while
282awaiting placement in a residential facility.
283
284If a child meets the criteria in this subsection, the child
285may be held in secure detention care until the child is placed
286in a residential facility.
287     (3)  Except as provided in subsection (2), a child may
288not be held in secure, nonsecure, or home detention care for
289more than 15 days following the entry of an order of
290adjudication.
291     (3)(4)  The time limits in subsection subsections (2) and
292(3) do not include periods of delay resulting from a
293continuance granted by the court for cause on motion of the
294child or his or her counsel or of the state. Upon the issuance
295of an order granting a continuance for cause on a motion by
296either the child, the child's counsel, or the state, the court
297shall conduct a hearing at the end of each 72-hour period,
298excluding Saturdays, Sundays, and legal holidays, to determine
299the need for continued detention of the child and the need for
300further continuance of proceedings for the child or the state.
301     (4)  The time limits required under this section do not
302apply to children held in secure detention care pursuant to s.
303985.28.
304     (5)  A child who was not in secure detention care at the
305time of the adjudicatory hearing, but for whom residential
306commitment is anticipated or recommended, may be placed under
307a special detention order for a period not to exceed 72 hours,
308excluding weekends and legal holidays, for the purpose of
309conducting a comprehensive evaluation as provided in s.
310985.185. Motions for the issuance of such special detention
311order may be made subsequent to a finding of delinquency. Upon
312said motion, the court shall conduct a hearing to determine
313the appropriateness of such special detention order and shall
314order the least restrictive level of detention care necessary
315to complete the comprehensive evaluation process that is
316consistent with public safety. Such special detention order
317may be extended for an additional 72 hours upon further order
318of the court.
319     (6)  If a child is detained and a petition for
320delinquency is filed, the child shall be arraigned in
321accordance with the Florida Rules of Juvenile Procedure within
32248 hours after the filing of the petition for delinquency.
323     Section 8.  Subsection (1) of section 985.265, Florida
324Statutes, is amended to read:
325     985.265  Detention transfer and release; education; adult
326jails.--
327     (1)  If a child is detained under this part, the
328department may transfer the child from nonsecure or home
329detention care to secure detention care only if significantly
330changed circumstances warrant such transfer. Such
331circumstances include, but are not necessarily limited to:
332     (a)  Where a child is alleged to have absconded from home
333or nonsecure detention care or otherwise violates the terms of
334release after adjudication and commitment but while awaiting
335placement in a residential facility; or
336     (b)  Where probable cause exists that a child has
337committed a new violation of law while on home or nonsecure
338detention care after adjudication and commitment but while
339awaiting placement in a residential facility.
340     Section 9.  Subsection (1) of section 985.27, Florida
341Statutes, is amended to read:
342     985.27  Postcommitment detention while awaiting
343placement.--
344     (1)  The court must place all children who are
345adjudicated and awaiting placement in a commitment program in
346secure detention care, home detention care, or nonsecure
347detention care. Children who are in home detention care or
348nonsecure detention care may be placed on electronic
349monitoring.
350     (a)  A child who is awaiting placement in a low-risk or
351minimum-risk residential program may only be held in secure
352detention care if the child violates the conditions of home
353detention care or nonsecure detention care or otherwise
354violates the terms of release; the child violates the
355conditions of the electronic monitoring agreement; or if the
356child otherwise qualifies for secure detention care under s.
357985.255 or under the criteria in this paragraph. The child may
358be placed in secure detention care for 5 days, excluding
359Saturdays, Sundays, and legal holidays, for the first
360violation. For any subsequent violation, the court may impose
361an additional 15 days in secure detention care. If any child
362who absconds from home detention care or nonsecure detention
363care or otherwise violates the terms of release or electronic
364monitoring, or where there is probable cause that a child
365committed a new violation of law while on home detention care,
366nonsecure detention care, or electronic monitoring, and is
367awaiting placement in a residential program may be held in
368secure detention care until placed in a residential facility
369or program with credit for time served. A child who is
370awaiting placement in a low-risk residential program must be
371removed from detention within 5 days, excluding Saturdays,
372Sundays, and legal holidays. Any child held in secure
373detention during the 5 days must meet detention admission
374criteria under this part. A child who is placed in home
375detention care, nonsecure detention care, or home or nonsecure
376detention care with electronic monitoring, while awaiting
377placement in a minimum-risk or low-risk program, may be held
378in secure detention care for 5 days, if the child violates the
379conditions of the home detention care, the nonsecure detention
380care, or the electronic monitoring agreement. For any
381subsequent violation, the court may impose an additional 5
382days in secure detention care.
383     (b)1.  A child who is awaiting placement in a moderate-
384risk residential program must be placed in secure detention
385care, home detention care, or nonsecure detention care. Any
386child held in secure detention care must meet detention
387admission criteria under this part.
388     2.  A child may not be held in secure detention care
389longer than 15 days while awaiting placement in a moderate-
390risk residential facility, except that any child shall be held
391in secure detention care until placed in a residential
392facility or program with credit for time served if:
393     a.  The child is alleged to have absconded from home
394detention care or nonsecure detention care or otherwise
395violated the terms of release or electronic monitoring; or
396     b.  Where probable cause exists that a child committed a
397new violation of law while on home detention care, nonsecure
398detention care, or electronic monitoring and the child is
399awaiting placement in a residential program. A child who is
400awaiting placement in a moderate-risk residential program must
401be removed from detention within 5 days, excluding Saturdays,
402Sundays, and legal holidays. Any child held in secure
403detention during the 5 days must meet detention admission
404criteria under this part. The department may seek an order
405from the court authorizing continued detention for a specific
406period of time necessary for the appropriate residential
407placement of the child. However, such continued detention in
408secure detention care may not exceed 15 days after entry of
409the commitment order, excluding Saturdays, Sundays, and legal
410holidays, and except as otherwise provided in this section. A
411child who is placed in home detention care, nonsecure
412detention care, or home or nonsecure detention care with
413electronic monitoring, while awaiting placement in a moderate-
414risk program, may be held in secure detention care for 5 days,
415if the child violates the conditions of the home detention
416care, the nonsecure detention care, or the electronic
417monitoring agreement. For any subsequent violation, the court
418may impose an additional 5 days in secure detention care.
419     (c)  If the child is committed to a high-risk residential
420program, the child must be held in secure detention care until
421placement or commitment is accomplished.
422     (d)  If the child is committed to a maximum-risk
423residential program, the child must be held in secure
424detention care until placement or commitment is accomplished.
425     Section 10.  Section 985.28, Florida Statutes, is created
426to read:
427     985.28  Appearance in court; pretrial detention;
428contempt.--
429     (1)  A child may be held in secure detention care if,
430after proper notice, the child refuses to appear in court,
431runs away, or otherwise intentionally avoids his or her
432appearance in court. The court may hold the child in secure
433detention care until the trial concludes, regardless of the
434results of the risk assessment instrument.
435     (2)  A parent or legal guardian, after being properly
436noticed, who knowingly and willfully fails to bring or
437otherwise prevents a child from appearing for trial may be
438held in contempt of court.
439     Section 11.  Subsection (1) of section 985.35, Florida
440Statutes, is amended to read:
441     985.35  Adjudicatory hearings; withheld adjudications;
442orders of adjudication.--
443     (1)  The adjudicatory hearing must be held as soon as
444practicable after the petition alleging that a child has
445committed a delinquent act or violation of law is filed and in
446accordance with the Florida Rules of Juvenile Procedure; but
447reasonable delay for the purpose of investigation, discovery,
448or procuring counsel or witnesses shall be granted. If the
449child is being detained, the time limitations in s. 985.26(2)
450and (3) apply.
451     Section 12.  Subsection (4) is added to section 985.43,
452Florida Statutes, to read:
453     985.43  Predisposition reports; other evaluations.--
454     (4)  It is the intent of the Legislature that the court
455is in the best position to weigh all facts and circumstances
456to determine whether or not to commit a juvenile to the
457department and to determine the most appropriate placement
458level for a juvenile committed to the department.
459     Section 13.  Paragraphs (a) and (b) of subsection (7) of
460section 985.433, Florida Statutes, are amended to read:
461     985.433  Disposition hearings in delinquency cases.--When
462a child has been found to have committed a delinquent act, the
463following procedures shall be applicable to the disposition of
464the case:
465     (7)  If the court determines that the child should be
466adjudicated as having committed a delinquent act and should be
467committed to the department, such determination shall be in
468writing or on the record of the hearing. The determination
469shall include a specific finding of the reasons for the
470decision to adjudicate and to commit the child to the
471department, including any determination that the child was a
472member of a criminal street gang.
473     (a)  The juvenile probation officer shall make a
474recommendation to the court concerning placement and any
475proposed treatment plan recommend to the court the most
476appropriate placement and treatment plan, specifically
477identifying the restrictiveness level most appropriate for the
478child. If the court has determined that the child was a member
479of a criminal street gang, that determination shall be given
480great weight in identifying the most appropriate
481restrictiveness level for the child. The court shall consider
482the department's recommendation in making its commitment
483decision.
484     (b)  The court may shall commit the child to the
485department at the restrictiveness level identified by the
486department or the court may order placement at a different
487restrictiveness level. The court may determine the disposition
488on the same factors as the department considered in the
489department's predisposition report and placement
490recommendation even if the court reaches a different
491conclusion. The court may commit the child to a different
492restrictiveness level than recommended by the department. The
493court shall state for the record the reasons for the
494disposition imposed that establish by a preponderance of the
495evidence why the court is disregarding the assessment of the
496child and the restrictiveness level recommended by the
497department. Any party may appeal the court's findings
498resulting in a modified level of restrictiveness under this
499paragraph.
500     Section 14.  Section 938.20, Florida Statutes, is created
501to read:
502     938.20  County juvenile crime prevention fund.--
503     (1)  Notwithstanding s. 318.121, and in addition to ss.
504938.19 and 939.185, in each county the board of county
505commissioners may adopt a mandatory court cost to be assessed
506in specific cases by incorporating by reference the provisions
507of this section in a county ordinance. Assessments collected
508by the clerk of the circuit court under this section shall be
509deposited into an account specifically for the administration
510of the county's juvenile crime prevention fund. The proceeds
511of the county's juvenile crime prevention fund shall only be
512used to fund local programs whose principal focus is the
513prevention of juvenile crime, the creation of consequence or
514suspension centers, truancy programs, and other areas of local
515concern relating to juvenile crime.
516     (2)  A sum of up to $50 shall be assessed as a court cost
517in the circuit court in the county against each juvenile who
518pleads guilty or nolo contendere to, or is found guilty of,
519regardless of adjudication, a violation of criminal law or
520municipal or county ordinance.
521     (3)  The assessment for court costs under this section
522shall be assessed in addition to any other cost or fee and may
523not be deducted from the proceeds of any other cost that is
524received by the county.
525     (4)(a)  The clerk of the circuit court shall collect the
526assessments for court costs under this section and shall remit
527the assessments to the county's juvenile crime prevention fund
528monthly.
529     (b)  The clerk of the circuit court shall withhold 3
530percent of the assessments collected, which shall be retained
531as fee income of the office of the clerk of the circuit court.
532     (5)  A county's juvenile crime prevention fund must
533account for all funds received and disbursed under this
534section in a written report to the board of county
535commissioners of that county. The report must be given to the
536commissioners by August 1 of each year unless a different date
537is required by the commissioners.
538     (6)  A county's juvenile crime prevention fund may be
539administered by a nonprofit organization, a law enforcement
540agency, the court administrator, the clerk of the circuit
541court, a county agency, or another similar agency authorized
542by the board of county commissioners of that county.
543     Section 15.  This act shall take effect July 1, 2008.


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