| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; amending s. 985.255, |
| 3 | F.S.; providing that it is a violation of law for a |
| 4 | juvenile to fail to appear as required before a court or |
| 5 | judicial officer; revising provisions relating to |
| 6 | detention of a juvenile for failure to appear; conforming |
| 7 | cross-references; amending s. 985.26, F.S.; providing for |
| 8 | holding a child charged with failure to appear in secure |
| 9 | detention for a specified period; providing exceptions to |
| 10 | specified detention time limits; amending s. 985.245, |
| 11 | F.S.; conforming a cross-reference; amending s. 985.27, |
| 12 | F.S.; requiring that juveniles held pending specified |
| 13 | placements or commitments be held in secure detention; |
| 14 | amending s. 985.43, F.S.; conforming a cross-reference; |
| 15 | reenacting and amending s. 790.22(8), F.S., relating to |
| 16 | use of BB guns, air or gas-operated guns, or electric |
| 17 | weapons or devices by minors under 16, to incorporate the |
| 18 | amendment to s. 985.255, F.S., in references thereto; |
| 19 | conforming a cross-reference; reenacting ss. 985.275(1) |
| 20 | and 985.319(6), F.S., relating to detention of escapee or |
| 21 | absconder on authority of the Department of Juvenile |
| 22 | Justice and to process and service, respectively, to |
| 23 | incorporate the amendment to s. 985.255, F.S., in |
| 24 | references thereto; providing an effective date. |
| 25 |
|
| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Section 985.255, Florida Statutes, is amended |
| 29 | to read: |
| 30 | 985.255 Detention criteria; detention hearing.-- |
| 31 | (1) Any child who fails to appear before the court or a |
| 32 | judicial officer as required commits a violation of law. The |
| 33 | court may order that the child be taken into custody and placed |
| 34 | into secure, nonsecure, or home detention care as provided in |
| 35 | this section. |
| 36 | (2)(1) Subject to s. 985.25(1), a child taken into custody |
| 37 | and placed into nonsecure or home detention care or detained in |
| 38 | secure detention care prior to a detention hearing may continue |
| 39 | to be detained by the court if: |
| 40 | (a) The child is alleged to be an escapee from a |
| 41 | residential commitment program; or an absconder from a |
| 42 | nonresidential commitment program, a probation program, or |
| 43 | conditional release supervision; or is alleged to have escaped |
| 44 | while being lawfully transported to or from a residential |
| 45 | commitment program. |
| 46 | (b) The child is wanted in another jurisdiction for an |
| 47 | offense which, if committed by an adult, would be a felony. |
| 48 | (c) The child is charged with a delinquent act or |
| 49 | violation of law and requests in writing through legal counsel |
| 50 | to be detained for protection from an imminent physical threat |
| 51 | to his or her personal safety. |
| 52 | (d) The child is charged with committing an offense of |
| 53 | domestic violence as defined in s. 741.28 and is detained as |
| 54 | provided in subsection (3)(2). |
| 55 | (e) The child is charged with possession or discharging a |
| 56 | firearm on school property in violation of s. 790.115. |
| 57 | (f) The child is charged with a capital felony, a life |
| 58 | felony, a felony of the first degree, a felony of the second |
| 59 | degree that does not involve a violation of chapter 893, or a |
| 60 | felony of the third degree that is also a crime of violence, |
| 61 | including any such offense involving the use or possession of a |
| 62 | firearm. |
| 63 | (g) The child is charged with any second degree or third |
| 64 | degree felony involving a violation of chapter 893 or any third |
| 65 | degree felony that is not also a crime of violence, and the |
| 66 | child: |
| 67 | 1. Has a record of failure to appear at court hearings |
| 68 | after being properly notified in accordance with the Rules of |
| 69 | Juvenile Procedure; |
| 70 | 2. Has a record of law violations prior to court hearings; |
| 71 | 3. Has already been detained or has been released and is |
| 72 | awaiting final disposition of the case; |
| 73 | 4. Has a record of violent conduct resulting in physical |
| 74 | injury to others; or |
| 75 | 5. Is found to have been in possession of a firearm. |
| 76 | (h) The child is alleged to have violated the conditions |
| 77 | of the child's probation or conditional release supervision. |
| 78 | However, a child detained under this paragraph may be held only |
| 79 | in a consequence unit as provided in s. 985.439. If a |
| 80 | consequence unit is not available, the child shall be placed on |
| 81 | home detention with electronic monitoring. |
| 82 | (i) The child is charged with failure to appear. The child |
| 83 | is detained on a judicial order for failure to appear and has |
| 84 | previously willfully failed to appear, after proper notice, for |
| 85 | an adjudicatory hearing on the same case regardless of the |
| 86 | results of the risk assessment instrument. A child may be held |
| 87 | in secure detention for up to 72 hours in advance of the next |
| 88 | scheduled court hearing pursuant to this paragraph. The child's |
| 89 | failure to keep the clerk of court and defense counsel informed |
| 90 | of a current and valid mailing address where the child will |
| 91 | receive notice to appear at court proceedings does not provide |
| 92 | an adequate ground for excusal of the child's nonappearance at |
| 93 | the hearings. |
| 94 | (j) The child is detained on a judicial order for failure |
| 95 | to appear and has previously willfully failed to appear, after |
| 96 | proper notice, at two or more court hearings of any nature on |
| 97 | the same case regardless of the results of the risk assessment |
| 98 | instrument. A child may be held in secure detention for up to 72 |
| 99 | hours in advance of the next scheduled court hearing pursuant to |
| 100 | this paragraph. The child's failure to keep the clerk of court |
| 101 | and defense counsel informed of a current and valid mailing |
| 102 | address where the child will receive notice to appear at court |
| 103 | proceedings does not provide an adequate ground for excusal of |
| 104 | the child's nonappearance at the hearings. |
| 105 | (3)(2) A child who is charged with committing an offense |
| 106 | of domestic violence as defined in s. 741.28 and who does not |
| 107 | meet detention criteria may be held in secure detention if the |
| 108 | court makes specific written findings that: |
| 109 | (a) Respite care for the child is not available. |
| 110 | (b) It is necessary to place the child in secure detention |
| 111 | in order to protect the victim from injury. |
| 112 |
|
| 113 | The child may not be held in secure detention under this |
| 114 | subsection for more than 48 hours unless ordered by the court. |
| 115 | After 48 hours, the court shall hold a hearing if the state |
| 116 | attorney or victim requests that secure detention be continued. |
| 117 | The child may continue to be held in detention care if the court |
| 118 | makes a specific, written finding that detention care is |
| 119 | necessary to protect the victim from injury. However, the child |
| 120 | may not be held in detention care beyond the time limits set |
| 121 | forth in this section or s. 985.26. |
| 122 | (4)(3)(a) A child who meets any of the criteria in |
| 123 | subsection (2)(1) and who is ordered to be detained under that |
| 124 | subsection shall be given a hearing within 24 hours after being |
| 125 | taken into custody. The purpose of the detention hearing is to |
| 126 | determine the existence of probable cause that the child has |
| 127 | committed the delinquent act or violation of law that he or she |
| 128 | is charged with and the need for continued detention. Unless a |
| 129 | child is detained under paragraph (2)(1)(d), or paragraph |
| 130 | (2)(1)(e), or paragraph (2)(i), the court shall use the results |
| 131 | of the risk assessment performed by the juvenile probation |
| 132 | officer and, based on the criteria in subsection (2)(1), shall |
| 133 | determine the need for continued detention. A child placed into |
| 134 | secure, nonsecure, or home detention care may continue to be so |
| 135 | detained by the court. |
| 136 | (b) If the court orders a placement more restrictive than |
| 137 | indicated by the results of the risk assessment instrument, the |
| 138 | court shall state, in writing, clear and convincing reasons for |
| 139 | such placement. |
| 140 | (c) Except as provided in s. 790.22(8) or in s. 985.27, |
| 141 | when a child is placed into secure or nonsecure detention care, |
| 142 | or into a respite home or other placement pursuant to a court |
| 143 | order following a hearing, the court order must include specific |
| 144 | instructions that direct the release of the child from such |
| 145 | placement no later than 5 p.m. on the last day of the detention |
| 146 | period specified in s. 985.26 or s. 985.27, whichever is |
| 147 | applicable, unless the requirements of such applicable provision |
| 148 | have been met or an order of continuance has been granted under |
| 149 | s. 985.26(4). |
| 150 | Section 2. Subsections (5) and (6) of section 985.26, |
| 151 | Florida Statutes, are renumbered as subsections (6) and (7), |
| 152 | respectively, and a new subsection (5) is added to that section, |
| 153 | to read: |
| 154 | 985.26 Length of detention.-- |
| 155 | (5)(a) The detention time limits in subsections (2) and |
| 156 | (3) do not apply as follows: |
| 157 | 1. Each time a child is charged with failure to appear for |
| 158 | a felony, the child should be held in secure detention for up to |
| 159 | 28 additional days prior to commencement of the adjudicatory |
| 160 | hearing. Each time a child is charged with failure to appear for |
| 161 | a misdemeanor, the child may be held in secure detention for up |
| 162 | to 28 additional days prior to the commencement of the |
| 163 | adjudicatory hearing. |
| 164 | 2. Each time a child is charged with a violation of |
| 165 | probation or postcommitment probation, the child may be held in |
| 166 | secure detention for up to 28 additional days prior to |
| 167 | commencement of the adjudicatory hearing. |
| 168 | 3. Each time a child is charged with violating his or her |
| 169 | home detention care, nonsecure detention care, or electronic |
| 170 | monitoring prior to the commencement of the adjudicatory |
| 171 | hearing, the child may be held for up to 28 additional days for |
| 172 | each violation. |
| 173 | 4. Each time a child is charged with violating his or her |
| 174 | home detention care, nonsecure detention care, or electronic |
| 175 | monitoring subsequent to the adjudicatory hearing, the child may |
| 176 | be held for up to 5 additional days for each violation while |
| 177 | awaiting placement. |
| 178 | (b) Each incident of cutting, altering, or otherwise |
| 179 | tampering with any electronic monitoring equipment is a separate |
| 180 | violation of the terms and conditions of electronic monitoring |
| 181 | and may also be charged as a separate delinquent act. |
| 182 | Section 3. Subsection (1) of section 985.245, Florida |
| 183 | Statutes, is amended to read: |
| 184 | 985.245 Risk assessment instrument.-- |
| 185 | (1) All determinations and court orders regarding |
| 186 | placement of a child into detention care shall comply with all |
| 187 | requirements and criteria provided in this part and shall be |
| 188 | based on a risk assessment of the child, unless the child is |
| 189 | placed into detention care as provided in s. 985.255(3)(2). |
| 190 | Section 4. Paragraphs (c) and (d) of subsection (1) of |
| 191 | section 985.27, Florida Statutes, are amended to read: |
| 192 | 985.27 Postcommitment detention while awaiting |
| 193 | placement.-- |
| 194 | (1) The court must place all children who are adjudicated |
| 195 | and awaiting placement in a commitment program in detention |
| 196 | care. Children who are in home detention care or nonsecure |
| 197 | detention care may be placed on electronic monitoring. |
| 198 | (c) If the child is committed to a high-risk residential |
| 199 | program, the child must be held in secure detention care until |
| 200 | placement or commitment is accomplished. |
| 201 | (d) If the child is committed to a maximum-risk |
| 202 | residential program, the child must be held in secure detention |
| 203 | care until placement or commitment is accomplished. |
| 204 | Section 5. Paragraph (c) of subsection (1) of section |
| 205 | 985.43, Florida Statutes, is amended to read: |
| 206 | 985.43 Predisposition reports; other evaluations.-- |
| 207 | (1) Upon a finding that the child has committed a |
| 208 | delinquent act: |
| 209 | (c) A child who was not in secure detention at the time of |
| 210 | the adjudicatory hearing, but for whom residential commitment is |
| 211 | anticipated or recommended, may be placed under a special |
| 212 | detention order, as provided in s. 985.26(6)(5), for the purpose |
| 213 | of conducting a comprehensive evaluation. |
| 214 | Section 6. For the purpose of incorporating the amendment |
| 215 | made by this act to section 985.255, Florida Statutes, in a |
| 216 | reference thereto, subsection (8) of section 790.22, Florida |
| 217 | Statutes, is reenacted and amended to read: |
| 218 | 790.22 Use of BB guns, air or gas-operated guns, or |
| 219 | electric weapons or devices by minor under 16; limitation; |
| 220 | possession of firearms by minor under 18 prohibited; |
| 221 | penalties.-- |
| 222 | (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor |
| 223 | under 18 years of age is charged with an offense that involves |
| 224 | the use or possession of a firearm, as defined in s. 790.001, |
| 225 | including a violation of subsection (3), or is charged for any |
| 226 | offense during the commission of which the minor possessed a |
| 227 | firearm, the minor shall be detained in secure detention, unless |
| 228 | the state attorney authorizes the release of the minor, and |
| 229 | shall be given a hearing within 24 hours after being taken into |
| 230 | custody. At the hearing, the court may order that the minor |
| 231 | continue to be held in secure detention in accordance with the |
| 232 | applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if |
| 233 | the court finds that the minor meets the criteria specified in |
| 234 | s. 985.255, or if the court finds by clear and convincing |
| 235 | evidence that the minor is a clear and present danger to himself |
| 236 | or herself or the community. The Department of Juvenile Justice |
| 237 | shall prepare a form for all minors charged under this |
| 238 | subsection that states the period of detention and the relevant |
| 239 | demographic information, including, but not limited to, the sex, |
| 240 | age, and race of the minor; whether or not the minor was |
| 241 | represented by private counsel or a public defender; the current |
| 242 | offense; and the minor's complete prior record, including any |
| 243 | pending cases. The form shall be provided to the judge to be |
| 244 | considered when determining whether the minor should be |
| 245 | continued in secure detention under this subsection. An order |
| 246 | placing a minor in secure detention because the minor is a clear |
| 247 | and present danger to himself or herself or the community must |
| 248 | be in writing, must specify the need for detention and the |
| 249 | benefits derived by the minor or the community by placing the |
| 250 | minor in secure detention, and must include a copy of the form |
| 251 | provided by the department. The Department of Juvenile Justice |
| 252 | must send the form, including a copy of any order, without |
| 253 | client-identifying information, to the Office of Economic and |
| 254 | Demographic Research. |
| 255 | Section 7. For the purpose of incorporating the amendment |
| 256 | made by this act to section 985.255, Florida Statutes, in a |
| 257 | reference thereto, subsection (1) of section 985.275, Florida |
| 258 | Statutes, is reenacted to read: |
| 259 | 985.275 Detention of escapee or absconder on authority of |
| 260 | the department.-- |
| 261 | (1) If an authorized agent of the department has |
| 262 | reasonable grounds to believe that any delinquent child |
| 263 | committed to the department has escaped from a residential |
| 264 | commitment facility or from being lawfully transported thereto |
| 265 | or therefrom, or has absconded from a nonresidential commitment |
| 266 | facility, the agent may take the child into active custody and |
| 267 | may deliver the child to the facility or, if it is closer, to a |
| 268 | detention center for return to the facility. However, a child |
| 269 | may not be held in detention longer than 24 hours, excluding |
| 270 | Saturdays, Sundays, and legal holidays, unless a special order |
| 271 | so directing is made by the judge after a detention hearing |
| 272 | resulting in a finding that detention is required based on the |
| 273 | criteria in s. 985.255. The order shall state the reasons for |
| 274 | such finding. The reasons shall be reviewable by appeal or in |
| 275 | habeas corpus proceedings in the district court of appeal. |
| 276 | Section 8. For the purpose of incorporating the amendment |
| 277 | made by this act to section 985.255, Florida Statutes, in a |
| 278 | reference thereto, subsection (6) of section 985.319, Florida |
| 279 | Statutes, is reenacted to read: |
| 280 | 985.319 Process and service.-- |
| 281 | (6) If the petition alleges that the child has committed a |
| 282 | delinquent act or violation of law and the judge deems it |
| 283 | advisable to do so, under the criteria of s. 985.255, the judge |
| 284 | may, by endorsement upon the summons and after the entry of an |
| 285 | order in which valid reasons are specified, order the child to |
| 286 | be taken into custody immediately, and in such case the person |
| 287 | serving the summons shall immediately take the child into |
| 288 | custody. |
| 289 | Section 9. This act shall take effect October 1, 2008. |