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A bill to be entitled

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An act relating to juvenile justice; amending s. 985.0301,

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F.S.; permitting a court to retain jurisdiction over a

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child and the child's parent or legal guardian whom the

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court has ordered to pay costs, fees, and costs associated

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with court-appointed counsel until the costs, fees, and

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costs associated with court-appointed counsel are

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satisfied; providing intent; amending s. 985.101, F.S.;

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permitting a child to be taken into custody for violations

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of pretrial release conditions; authorizing the court to

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set reasonable conditions of pretrial release; providing

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examples of such conditions; providing that conditions of

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pretrial release may not be used to impose home detention

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when not otherwise authorized; amending s. 985.24, F.S.;

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providing an additional finding to support use of secure,

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nonsecure, or home detention; amending s. 985.245, F.S.;

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providing that placement in detention care under a

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specified provision does not require a risk assessment;

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amending s. 985.25, F.S.; providing additional grounds for

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placement of a child in secure detention care; amending s.

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985.255, F.S.; providing for continuing nonsecure or home

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detention care or secure detention care prior to a

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detention hearing in certain circumstances; amending s.

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985.26, F.S.; revising time limits for secure, nonsecure,

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or home detention care under a special detention order;

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requiring that children who have been released comply with

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pretrial release conditions; permitting a child to be held

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in secure detention care for additional time under

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specified circumstances; providing that certain time

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limits do not apply to secure detention under a specified

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provision; amending s. 985.265, F.S.; specifying some

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changed circumstances that permit the Department of

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Juvenile Justice to transfer a child from nonsecure or

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home detention care to secure detention care; amending s.

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985.27, F.S.; specifying circumstances under which a child

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who is awaiting placement in a low-risk or minimum-risk

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residential program may be held in secure detention care;

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providing time limits on such detention care; providing

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for secure detention care for absconders from specified

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types of care; providing for secure detention care of a

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child awaiting placement in a moderate-risk residential

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program; providing for secure detention care in specified

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circumstances; creating s. 985.28, F.S.; providing for

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secure detention of a child in specified circumstances;

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permitting a parent or legal guardian of a child to be

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held in contempt of court if he or she knowingly and

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willfully fails to bring or otherwise prevents the child

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from appearing for trial; amending s. 985.35, F.S.;

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conforming a cross-reference to changes made by the act;

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amending s. 985.43, F.S.; providing legislative intent

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concerning the determination whether to commit a juvenile

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to the Department of Juvenile Justice and the most

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appropriate placement level if the juvenile is committed;

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amending s. 985.433, F.S.; revising provisions relating to

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recommendations by probation officers to the court

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concerning placement and any proposed treatment plan of

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juveniles; specifying that the court has the power to

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determine appropriate dispositions; requiring that reasons

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for a disposition be stated for the record; creating s.

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938.20, F.S.; permitting each county to create a juvenile

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crime prevention fund; providing for an additional court

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cost; providing for administration and use of funds;

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providing an effective date.

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

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

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985.0301, Florida Statutes, is redesignated as paragraph (k), and

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a new paragraph (j) is added to that subsection to read:

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     985.0301  Jurisdiction.--

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     (5)

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     (j) The court may retain jurisdiction over a child and the

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child's parent or legal guardian whom the court has ordered to

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pay costs, fees, and costs associated with court-appointed

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counsel until the costs, fees, and costs associated with court-

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appointed counsel are satisfied, regardless of adjudication. The

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court may retain jurisdiction under this paragraph in conjunction

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with paragraph (i), or it may retain jurisdiction solely under

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this paragraph. It is the intent of the Legislature that the

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child and the child's parent or legal guardian remain responsible

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for unpaid costs, fees, and costs associated with court-appointed

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counsel until the unpaid costs, fees, and costs associated with

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court-appointed counsel are satisfied, even after the child turns

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19 years of age. The implementation of this paragraph does not,

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in any way, authorize or otherwise permit details of the juvenile

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court record to be disclosed except as provided by law.

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     Section 2.  Paragraph (d) of subsection (1) of section

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985.101, Florida Statutes, is amended, and subsection (5) is

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added to that section, to read:

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     985.101 Taking a child into custody; pretrial release

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conditions.--

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     (1)  A child may be taken into custody under the following

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circumstances:

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     (d)  By a law enforcement officer who has probable cause to

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believe that the child is in violation of the conditions of the

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child's pretrial release, conditions of the child's probation,

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home detention, postcommitment probation, or conditional release

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supervision; has absconded from nonresidential commitment; or has

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escaped from residential commitment.

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Nothing in this subsection shall be construed to allow the

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detention of a child who does not meet the detention criteria in

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part V.

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     (5) The circuit court shall have the authority to set

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reasonable conditions of pretrial release. The child shall comply

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with all such pretrial release conditions prior to an

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adjudicatory hearing. Reasonable conditions of pretrial release

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may include, but are not limited to, the following:

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     (a) The child shall obey all laws.

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     (b) The child shall not possess or carry any weapon.

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     (c) The child shall not possess or use any alcoholic

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beverage or any illegal drug or associate with those who do.

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     (d) The child shall obey all reasonable household rules.

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     (e) The child shall attend school regularly, including all

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classes.

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     (f) The child shall abide by the curfew set by his or her

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parents or guardian or as set by the court.

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     (g) The child shall have no contact with any codefendants,

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an alleged victim, or the family of any alleged victim.

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     (h) The child shall not return to the scene of the alleged

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crime.

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The circuit court is not authorized to use conditions of pretrial

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release under this subsection to impose home detention on a child

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who does not otherwise qualify for home detention.

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     Section 3.  Subsection (1) of section 985.24, Florida

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Statutes, is amended to read:

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     985.24  Use of detention; prohibitions.--

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     (1)  All determinations and court orders regarding the use

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of secure, nonsecure, or home detention care shall be based

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primarily upon findings that the child:

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     (a)  Presents a substantial risk of not appearing at a

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subsequent hearing;

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     (b)  Presents a substantial risk of inflicting bodily harm

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on others as evidenced by recent behavior;

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     (c)  Presents a history of committing a property offense

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prior to adjudication, disposition, or placement;

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     (d) Has been adjudicated delinquent and committed to the

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department in a residential facility, but is on home or nonsecure

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detention care while awaiting placement, and:

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     1. Absconds from home or nonsecure detention care or

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otherwise violates the terms of release; or

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     2. There is probable cause to believe that the child has

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committed a new violation of law while awaiting placement;

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     (e)(d) Has committed contempt of court by:

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     1.  Intentionally disrupting the administration of the

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court;

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     2.  Intentionally disobeying a court order; or

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     3.  Engaging in a punishable act or speech in the court's

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presence which shows disrespect for the authority and dignity of

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the court; or

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     (f)(e) Requests protection from imminent bodily harm.

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     Section 4.  Subsection (1) of section 985.245, Florida

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Statutes, is amended to read:

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     985.245  Risk assessment instrument.--

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     (1)  All determinations and court orders regarding placement

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of a child into detention care shall comply with all requirements

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

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assessment of the child, unless the child is placed into

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detention care as provided in s. 985.255(2) or s. 985.28.

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

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985.25, Florida Statutes, is amended to read:

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     985.25  Detention intake.--

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     (1)  The juvenile probation officer shall receive custody of

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a child who has been taken into custody from the law enforcement

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agency and shall review the facts in the law enforcement report

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or probable cause affidavit and make such further inquiry as may

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be necessary to determine whether detention care is required.

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     (b)  The juvenile probation officer shall base the decision

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whether or not to place the child into secure detention care,

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home detention care, or nonsecure detention care on an assessment

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of risk in accordance with the risk assessment instrument and

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procedures developed by the department under s. 985.245. However,

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a child shall be placed in secure detention care if:

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     1. The child is charged with possessing or discharging a

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firearm on school property in violation of s. 790.115;

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     2. The child is alleged to have absconded from home or

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nonsecure detention care or the child otherwise violates the

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terms of release after adjudication and commitment to the

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department but before placement in a residential facility; or

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     3. There is probable cause to believe the child has

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committed a new violation of law while on home or nonsecure

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detention care after adjudication and commitment but before

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placement in a residential facility shall be placed in secure

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detention care.

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Under no circumstances shall the juvenile probation officer or

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the state attorney or law enforcement officer authorize the

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detention of any child in a jail or other facility intended or

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used for the detention of adults, without an order of the court.

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     Section 6.  Paragraphs (a) through (j) of subsection (1) of

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section 985.255, Florida Statutes, are redesignated as paragraphs

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(c) through (l), respectively, new paragraphs (a) and (b) are

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added to that subsection, and paragraphs (a) and (c) of

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subsection (3) of that section are amended, to read:

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     985.255  Detention criteria; detention hearing.--

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

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placed into nonsecure or home detention care or detained in

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secure detention care prior to a detention hearing may continue

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to be detained by the court if:

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     (a) The child is alleged to have absconded from home or

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nonsecure detention care or otherwise violates the terms of

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release after adjudication and commitment but while awaiting

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placement in a residential facility.

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     (b) There is probable cause to believe the child has

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committed a new violation of law while on home or nonsecure

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detention care after adjudication and commitment but while

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awaiting placement in a residential facility.

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

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

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be given a hearing within 24 hours after being taken into

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custody. The purpose of the detention hearing is to determine the

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existence of probable cause that the child has committed the

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delinquent act or violation of law that he or she is charged with

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and the need for continued detention. Unless a child is detained

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under paragraph (1)(a), paragraph (1)(b), paragraph (1)(f)(d), or

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paragraph (1)(g)(e), the court shall use the results of the risk

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assessment performed by the juvenile probation officer and, based

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on the criteria in subsection (1), shall determine the need for

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continued detention. A child placed into secure, nonsecure, or

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home detention care may continue to be so detained by the court.

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A child detained under paragraph (1)(a) or paragraph (1)(b) may

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be placed into secure detention care pending placement in a

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residential facility.

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     (c) Except as provided in paragraph (1)(a), paragraph

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(1)(b), s. 790.22(8), or in s. 985.27, when a child is placed

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into secure or nonsecure detention care, or into a respite home

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or other placement pursuant to a court order following a hearing,

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the court order must include specific instructions that direct

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the release of the child from such placement no later than 5 p.m.

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on the last day of the detention period specified in s. 985.26 or

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s. 985.27, whichever is applicable, unless the requirements of

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such applicable provision have been met or an order of

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continuance has been granted under s. 985.26(3)(4).

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     Section 7.  Section 985.26, Florida Statutes, is amended to

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read:

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     985.26  Length of detention.--

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     (1)  A child may not be placed into or held in secure,

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nonsecure, or home detention care for longer than 24 hours unless

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the court orders such detention care, and the order includes

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specific instructions that direct the release of the child from

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such detention care, in accordance with s. 985.255. The order

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shall be a final order, reviewable by appeal under s. 985.534 and

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the Florida Rules of Appellate Procedure. Appeals of such orders

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shall take precedence over other appeals and other pending

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matters.

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

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detention care under a special detention order for more than 30

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21 days unless an adjudicatory hearing for the case has been

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

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being shown that the nature of the charge requires additional

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

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extend the length of detention for an additional 15 9 days if the

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

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

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degree, or a felony of the second degree involving violence

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against any individual. If a child is released under this

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subsection, the child must comply with all conditions of pretrial

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release set by the circuit court. Furthermore, a child may be

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held in secure detention longer than 30 days if:

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     (a) The child is alleged to have absconded from home or

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nonsecure detention care or otherwise violates the terms of

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release after adjudication and commitment but while awaiting

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placement in a residential facility; or

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     (b) There is probable cause to believe the child has

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committed a new violation of law while on home or nonsecure

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detention care after adjudication and commitment but while

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awaiting placement in a residential facility.

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If a child meets the criteria in this subsection, the child may

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be held in secure detention care until the child is placed in a

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residential facility.

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     (3) Except as provided in subsection (2), a child may not

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be held in secure, nonsecure, or home detention care for more

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than 15 days following the entry of an order of adjudication.

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     (3)(4) The time limits in subsection subsections (2) and

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(3) do not include periods of delay resulting from a continuance

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granted by the court for cause on motion of the child or his or

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her counsel or of the state. Upon the issuance of an order

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granting a continuance for cause on a motion by either the child,

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the child's counsel, or the state, the court shall conduct a

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hearing at the end of each 72-hour period, excluding Saturdays,

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Sundays, and legal holidays, to determine the need for continued

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detention of the child and the need for further continuance of

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proceedings for the child or the state.

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     (4) The time limits required under this section do not

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apply to children held in secure detention care pursuant to s.

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985.28.

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     (5) A child who was not in secure detention care at the

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time of the adjudicatory hearing, but for whom residential

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commitment is anticipated or recommended, may be placed under a

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special detention order for a period not to exceed 72 hours,

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excluding weekends and legal holidays, for the purpose of

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conducting a comprehensive evaluation as provided in s. 985.185.

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Motions for the issuance of such special detention order may be

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made subsequent to a finding of delinquency. Upon said motion,

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the court shall conduct a hearing to determine the

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appropriateness of such special detention order and shall order

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the least restrictive level of detention care necessary to

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complete the comprehensive evaluation process that is consistent

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with public safety. Such special detention order may be extended

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for an additional 72 hours upon further order of the court.

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     (6)  If a child is detained and a petition for delinquency

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is filed, the child shall be arraigned in accordance with the

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Florida Rules of Juvenile Procedure within 48 hours after the

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filing of the petition for delinquency.

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     Section 8.  Subsection (1) of section 985.265, Florida

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Statutes, is amended to read:

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     985.265  Detention transfer and release; education; adult

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jails.--

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     (1)  If a child is detained under this part, the department

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may transfer the child from nonsecure or home detention care to

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secure detention care only if significantly changed circumstances

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warrant such transfer. Such circumstances include, but are not

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necessarily limited to:

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     (a) Where a child is alleged to have absconded from home or

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nonsecure detention care or otherwise violates the terms of

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release after adjudication and commitment but while awaiting

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placement in a residential facility; or

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     (b) Where probable cause exists that a child has committed

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a new violation of law while on home or nonsecure detention care

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after adjudication and commitment but while awaiting placement in

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a residential facility.

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     Section 9.  Subsection (1) of section 985.27, Florida

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Statutes, is amended to read:

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     985.27  Postcommitment detention while awaiting placement.--

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

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and awaiting placement in a commitment program in secure

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detention care, home detention care, or nonsecure detention care.

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Children who are in home detention care or nonsecure detention

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care may be placed on electronic monitoring.

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     (a) A child who is awaiting placement in a low-risk or

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minimum-risk residential program may only be held in secure

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detention care if the child violates the conditions of home

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detention care or nonsecure detention care or otherwise violates

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the terms of release; the child violates the conditions of the

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electronic monitoring agreement; or if the child otherwise

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qualifies for secure detention care under s. 985.255 or under the

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criteria in this paragraph. The child may be placed in secure

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detention care for 5 days, excluding Saturdays, Sundays, and

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legal holidays, for the first violation. For any subsequent

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violation, the court may impose an additional 15 days in secure

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detention care. If any child who absconds from home detention

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care or nonsecure detention care or otherwise violates the terms

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of release or electronic monitoring, or where there is probable

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cause that a child committed a new violation of law while on home

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detention care, nonsecure detention care, or electronic

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monitoring, and is awaiting placement in a residential program

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may be held in secure detention care until placed in a

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residential facility or program with credit for time served. A

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child who is awaiting placement in a low-risk residential program

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must be removed from detention within 5 days, excluding

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Saturdays, Sundays, and legal holidays. Any child held in secure

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detention during the 5 days must meet detention admission

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criteria under this part. A child who is placed in home detention

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care, nonsecure detention care, or home or nonsecure detention

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care with electronic monitoring, while awaiting placement in a

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minimum-risk or low-risk program, may be held in secure detention

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care for 5 days, if the child violates the conditions of the home

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detention care, the nonsecure detention care, or the electronic

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monitoring agreement. For any subsequent violation, the court may

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impose an additional 5 days in secure detention care.

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     (b)1. A child who is awaiting placement in a moderate-risk

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residential program must be placed in secure detention care, home

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detention care, or nonsecure detention care. Any child held in

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secure detention care must meet detention admission criteria

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under this part.

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     2. A child may not be held in secure detention care longer

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than 15 days while awaiting placement in a moderate-risk

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residential facility, except that any child shall be held in

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secure detention care until placed in a residential facility or

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program with credit for time served if:

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     a. The child is alleged to have absconded from home

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detention care or nonsecure detention care or otherwise violated

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the terms of release or electronic monitoring; or

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     b. Where probable cause exists that a child committed a new

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violation of law while on home detention care, nonsecure

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detention care, or electronic monitoring and the child is

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awaiting placement in a residential program. A child who is

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awaiting placement in a moderate-risk residential program must be

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removed from detention within 5 days, excluding Saturdays,

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Sundays, and legal holidays. Any child held in secure detention

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during the 5 days must meet detention admission criteria under

384

this part. The department may seek an order from the court

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authorizing continued detention for a specific period of time

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necessary for the appropriate residential placement of the child.

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However, such continued detention in secure detention care may

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not exceed 15 days after entry of the commitment order, excluding

389

Saturdays, Sundays, and legal holidays, and except as otherwise

390

provided in this section. A child who is placed in home detention

391

care, nonsecure detention care, or home or nonsecure detention

392

care with electronic monitoring, while awaiting placement in a

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moderate-risk program, may be held in secure detention care for 5

394

days, if the child violates the conditions of the home detention

395

care, the nonsecure detention care, or the electronic monitoring

396

agreement. For any subsequent violation, the court may impose an

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additional 5 days in secure detention care.

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

399

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

400

placement or commitment is accomplished.

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

402

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

403

placement or commitment is accomplished.

404

     Section 10.  Section 985.28, Florida Statutes, is created to

405

read:

406

     985.28 Appearance in court; pretrial detention; contempt.--

407

     (1) A child may be held in secure detention care if, after

408

proper notice, the child refuses to appear in court, runs away,

409

or otherwise intentionally avoids his or her appearance in court.

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The court may hold the child in secure detention care until the

411

trial concludes, regardless of the results of the risk assessment

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instrument.

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     (2) A parent or legal guardian, after being properly

414

noticed, who knowingly and willfully fails to bring or otherwise

415

prevents a child from appearing for trial may be held in contempt

416

of court.

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     Section 11.  Subsection (1) of section 985.35, Florida

418

Statutes, is amended to read:

419

     985.35  Adjudicatory hearings; withheld adjudications;

420

orders of adjudication.--

421

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

422

practicable after the petition alleging that a child has

423

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

424

accordance with the Florida Rules of Juvenile Procedure; but

425

reasonable delay for the purpose of investigation, discovery, or

426

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

427

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

428

apply.

429

     Section 12.  Subsection (4) is added to section 985.43,

430

Florida Statutes, to read:

431

     985.43  Predisposition reports; other evaluations.--

432

     (4) It is the intent of the Legislature that the court is

433

in the best position to weigh all facts and circumstances to

434

determine whether or not to commit a juvenile to the department

435

and to determine the most appropriate placement level for a

436

juvenile committed to the department.

437

     Section 13.  Paragraphs (a) and (b) of subsection (7) of

438

section 985.433, Florida Statutes, are amended to read:

439

     985.433  Disposition hearings in delinquency cases.--When a

440

child has been found to have committed a delinquent act, the

441

following procedures shall be applicable to the disposition of

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the case:

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     (7)  If the court determines that the child should be

444

adjudicated as having committed a delinquent act and should be

445

committed to the department, such determination shall be in

446

writing or on the record of the hearing. The determination shall

447

include a specific finding of the reasons for the decision to

448

adjudicate and to commit the child to the department, including

449

any determination that the child was a member of a criminal

450

street gang.

451

     (a) The juvenile probation officer shall make a

452

recommendation to the court concerning placement and any proposed

453

treatment plan recommend to the court the most appropriate

454

placement and treatment plan, specifically identifying the

455

restrictiveness level most appropriate for the child. If the

456

court has determined that the child was a member of a criminal

457

street gang, that determination shall be given great weight in

458

identifying the most appropriate restrictiveness level for the

459

child. The court shall consider the department's recommendation

460

in making its commitment decision.

461

     (b) The court may shall commit the child to the department

462

at the restrictiveness level identified by the department or the

463

court may order placement at a different restrictiveness level.

464

The court may determine the disposition on the same factors as

465

the department considered in the department's predisposition

466

report and placement recommendation even if the court reaches a

467

different conclusion. The court may commit the child to a

468

different restrictiveness level than recommended by the

469

department. The court shall state for the record the reasons for

470

the disposition imposed that establish by a preponderance of the

471

evidence why the court is disregarding the assessment of the

472

child and the restrictiveness level recommended by the

473

department. Any party may appeal the court's findings resulting

474

in a modified level of restrictiveness under this paragraph.

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     Section 14.  Section 938.20, Florida Statutes, is created to

476

read:

477

     938.20 County juvenile crime prevention fund.--

478

     (1) Notwithstanding s. 318.121, and in addition to ss.

479

938.19 and 939.185, in each county the board of county

480

commissioners may adopt a mandatory court cost to be assessed in

481

specific cases by incorporating by reference the provisions of

482

this section in a county ordinance. Assessments collected by the

483

clerk of the circuit court under this section shall be deposited

484

into an account specifically for the administration of the

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county's juvenile crime prevention fund. The proceeds of the

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county's juvenile crime prevention fund shall only be used to

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fund local programs whose principal focus is the prevention of

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juvenile crime, the creation of consequence or suspension

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centers, truancy programs, and other areas of local concern

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relating to juvenile crime.

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     (2) A sum of up to $50 shall be assessed as a court cost in

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the circuit court in the county against each juvenile who pleads

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guilty or nolo contendere to, or is found guilty of, regardless

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of adjudication, a violation of criminal law or municipal or

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county ordinance.

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     (3) The assessment for court costs under this section shall

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be assessed in addition to any other cost or fee and may not be

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deducted from the proceeds of any other cost that is received by

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the county.

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     (4)(a) The clerk of the circuit court shall collect the

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assessments for court costs under this section and shall remit

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the assessments to the county's juvenile crime prevention fund

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monthly.

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     (b) The clerk of the circuit court shall withhold 3 percent

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of the assessments collected, which shall be retained as fee

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income of the office of the clerk of the circuit court.

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     (5) A county's juvenile crime prevention fund must account

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for all funds received and disbursed under this section in a

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written report to the board of county commissioners of that

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county. The report must be given to the commissioners by August 1

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of each year unless a different date is required by the

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commissioners.

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     (6) A county's juvenile crime prevention fund may be

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administered by a nonprofit organization, a law enforcement

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agency, the court administrator, the clerk of the circuit court,

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a county agency, or another similar agency authorized by the

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board of county commissioners of that county.

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     Section 15.  This act shall take effect July 1, 2008.