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The Committee on Judiciary (Joyner) recommended the following

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amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 521-577

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and insert:

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     Section 11.  Subsection (5) of section 985.265, Florida

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Statutes, is amended, and subsection (6) is added to that

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section, to read:

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     985.265  Detention transfer and release; education; adult

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jails.--

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     (5)  The court shall order the delivery of a child to a jail

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or other facility intended or used for the detention of adults:

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     (a)  When the child has been transferred or indicted for

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criminal prosecution as an adult under part X, except that the

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court may not order or allow a child alleged to have committed a

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misdemeanor who is being transferred for criminal prosecution

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pursuant to either s. 985.556 or s. 985.557 to be detained or

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held in a jail or other facility intended or used for the

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detention of adults; however, such child may be held temporarily

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in a detention facility; or

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     (b)  When a child taken into custody in this state is wanted

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by another jurisdiction for prosecution as an adult.

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The child shall be housed separately from adult inmates to

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prohibit a child from having regular contact with incarcerated

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adults, including trustees. "Regular contact" means sight and

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sound contact. Separation of children from adults shall permit no

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more than haphazard or accidental contact. The receiving jail or

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other facility shall contain a separate section for children and

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shall have an adequate staff to supervise and monitor the child's

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activities at all times. Supervision and monitoring of children

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includes physical observation and documented checks by jail or

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receiving facility supervisory personnel at intervals not to

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exceed 15 minutes, except in direct supervision housing having

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24-hour supervision. This subsection does not prohibit placing

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two or more children in the same cell. Under no circumstances

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shall a child be placed in the same cell with an adult.

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

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irons, or straitjackets, may not be used on a child during an

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adjudicatory or other court hearing or elsewhere in a courthouse

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and must be removed when the child appears before the court

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unless the court finds that:

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     (a) Restraints are necessary to prevent physical harm to

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the child or another person;

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     (b) A less restrictive alternative is not available to

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prevent physical harm, including, but not limited to, the

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presence of department personnel, a law enforcement officer, or a

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bailiff;

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     (c) The child has a history of disruptive behavior in the

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courtroom which places others in a potentially harmful situation

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or presents a substantial risk of inflicting bodily harm to

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others;

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     (d) The child is likely to attempt to escape during a

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transfer or a hearing; or

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     (e) The child is charged with a capital felony.

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The department must comply with the Protective Action Response

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policy established under s. 985.645 whenever mechanical

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restraints are used.

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     Section 12.  Subsection (2) of section 985.601, Florida

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Statutes, is amended, and paragraph (e) is added to subsection

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(3) of that section, to read:

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     985.601  Administering the juvenile justice continuum.--

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     (2)  The department shall develop and implement an

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appropriate continuum of care that provides individualized,

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multidisciplinary assessments, objective evaluations of relative

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risks, and the matching of needs with placements for all children

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under its care, and that uses a system of case management to

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facilitate each child being appropriately assessed, provided with

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services, and placed in a program that meets the child's needs.

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As part of the continuum of services, the department shall adopt

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rules establishing procedures for providing ordinary medical care

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and mental health, substance abuse, and developmental disability

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services to youth within the juvenile justice continuum as

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defined in s. 985.03. The department shall coordinate such

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rulemaking with other affected agencies to avoid duplication,

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conflict, or inconsistency.

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     (3)

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     (e) To be eligible to participate in the state-funded

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Intensive Delinquency Diversion Services program, counties having

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nonstate-funded delinquency programs for youth must include

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diversion options for first-time misdemeanant youth or youth who

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are 10 years of age or younger, unless otherwise prohibited.

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     Section 13.  Section 985.602, Florida Statutes, is created

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to read:

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     985.602 Use of restraints during court proceedings.--

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

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irons, or straitjackets, may not be used on a child during an

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adjudicatory or other court hearing or elsewhere in a courthouse

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and must be removed when the child appears before the court

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unless the court finds that:

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     (a) Restraints are necessary to prevent physical harm to

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the child or another person;

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     (b) A less restrictive alternative is not available to

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prevent physical harm, including, but not limited to, the

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presence of department personnel, a law enforcement officer, or a

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bailiff;

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     (c) The child has a history of disruptive behavior in the

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courtroom which places others in a potentially harmful situation

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or presents a substantial risk of inflicting bodily harm to

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others;

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     (d) The child is likely to attempt to escape during a

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transfer or a hearing; or

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     (e) The child is charged with a capital felony.

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     (2) The department must comply with the Protective Action

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Response policy established under s. 985.645 whenever mechanical

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restraints are used.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 23-32

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and insert:

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amending s. 985.265, F.S.; providing an exception to

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required supervision in direct supervision housing;

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prohibiting the use of restraints during court proceedings;

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providing exceptions; amending s. 985.601, F.S.; requiring

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the Department of Juvenile Justice to adopt rules to

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establish procedures to provide ordinary medical care and

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mental health, substance abuse, and developmental

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disabilities services to youth within the juvenile justice

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continuum; requiring the procedures to be commensurate with

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procedures that youth receive in the community to the extent

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possible within fiscal resources; creating s. 985.602, F.S.;

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prohibiting the use of restraints during court proceedings;

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providing exceptions; amending s. 985.606, F.S.;

4/3/2008  4:58:00 PM     18-06580-08