HB 981

1
A bill to be entitled
2An act relating to juvenile justice; amending s. 985.255,
3F.S.; providing that it is a violation of law for a
4juvenile to fail to appear as required before a court or
5judicial officer; revising provisions relating to
6detention of a juvenile for failure to appear; conforming
7cross-references; amending s. 985.26, F.S.; providing for
8holding a child charged with failure to appear in secure
9detention for a specified period; providing exceptions to
10specified detention time limits; amending s. 985.245,
11F.S.; conforming a cross-reference; amending s. 985.27,
12F.S.; requiring that juveniles held pending specified
13placements or commitments be held in secure detention;
14amending s. 985.43, F.S.; conforming a cross-reference;
15reenacting and amending s. 790.22(8), F.S., relating to
16use of BB guns, air or gas-operated guns, or electric
17weapons or devices by minors under 16, to incorporate the
18amendment to s. 985.255, F.S., in references thereto;
19conforming a cross-reference; reenacting ss. 985.275(1)
20and 985.319(6), F.S., relating to detention of escapee or
21absconder on authority of the Department of Juvenile
22Justice and to process and service, respectively, to
23incorporate the amendment to s. 985.255, F.S., in
24references thereto; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 985.255, Florida Statutes, is amended
29to read:
30     985.255  Detention criteria; detention hearing.--
31     (1)  Any child who fails to appear before the court or a
32judicial officer as required commits a violation of law. The
33court may order that the child be taken into custody and placed
34into secure, nonsecure, or home detention care as provided in
35this section.
36     (2)(1)  Subject to s. 985.25(1), a child taken into custody
37and placed into nonsecure or home detention care or detained in
38secure detention care prior to a detention hearing may continue
39to be detained by the court if:
40     (a)  The child is alleged to be an escapee from a
41residential commitment program; or an absconder from a
42nonresidential commitment program, a probation program, or
43conditional release supervision; or is alleged to have escaped
44while being lawfully transported to or from a residential
45commitment program.
46     (b)  The child is wanted in another jurisdiction for an
47offense which, if committed by an adult, would be a felony.
48     (c)  The child is charged with a delinquent act or
49violation of law and requests in writing through legal counsel
50to be detained for protection from an imminent physical threat
51to his or her personal safety.
52     (d)  The child is charged with committing an offense of
53domestic violence as defined in s. 741.28 and is detained as
54provided in subsection (3)(2).
55     (e)  The child is charged with possession or discharging a
56firearm on school property in violation of s. 790.115.
57     (f)  The child is charged with a capital felony, a life
58felony, a felony of the first degree, a felony of the second
59degree that does not involve a violation of chapter 893, or a
60felony of the third degree that is also a crime of violence,
61including any such offense involving the use or possession of a
62firearm.
63     (g)  The child is charged with any second degree or third
64degree felony involving a violation of chapter 893 or any third
65degree felony that is not also a crime of violence, and the
66child:
67     1.  Has a record of failure to appear at court hearings
68after being properly notified in accordance with the Rules of
69Juvenile 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
72awaiting final disposition of the case;
73     4.  Has a record of violent conduct resulting in physical
74injury 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
77of the child's probation or conditional release supervision.
78However, a child detained under this paragraph may be held only
79in a consequence unit as provided in s. 985.439. If a
80consequence unit is not available, the child shall be placed on
81home detention with electronic monitoring.
82     (i)  The child is charged with failure to appear. The child
83is detained on a judicial order for failure to appear and has
84previously willfully failed to appear, after proper notice, for
85an adjudicatory hearing on the same case regardless of the
86results of the risk assessment instrument. A child may be held
87in secure detention for up to 72 hours in advance of the next
88scheduled court hearing pursuant to this paragraph. The child's
89failure to keep the clerk of court and defense counsel informed
90of a current and valid mailing address where the child will
91receive notice to appear at court proceedings does not provide
92an adequate ground for excusal of the child's nonappearance at
93the hearings.
94     (j)  The child is detained on a judicial order for failure
95to appear and has previously willfully failed to appear, after
96proper notice, at two or more court hearings of any nature on
97the same case regardless of the results of the risk assessment
98instrument. A child may be held in secure detention for up to 72
99hours in advance of the next scheduled court hearing pursuant to
100this paragraph. The child's failure to keep the clerk of court
101and defense counsel informed of a current and valid mailing
102address where the child will receive notice to appear at court
103proceedings does not provide an adequate ground for excusal of
104the child's nonappearance at the hearings.
105     (3)(2)  A child who is charged with committing an offense
106of domestic violence as defined in s. 741.28 and who does not
107meet detention criteria may be held in secure detention if the
108court 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
111in order to protect the victim from injury.
112
113The child may not be held in secure detention under this
114subsection for more than 48 hours unless ordered by the court.
115After 48 hours, the court shall hold a hearing if the state
116attorney or victim requests that secure detention be continued.
117The child may continue to be held in detention care if the court
118makes a specific, written finding that detention care is
119necessary to protect the victim from injury. However, the child
120may not be held in detention care beyond the time limits set
121forth in this section or s. 985.26.
122     (4)(3)(a)  A child who meets any of the criteria in
123subsection (2)(1) and who is ordered to be detained under that
124subsection shall be given a hearing within 24 hours after being
125taken into custody. The purpose of the detention hearing is to
126determine the existence of probable cause that the child has
127committed the delinquent act or violation of law that he or she
128is charged with and the need for continued detention. Unless a
129child is detained under paragraph (2)(1)(d), or paragraph
130(2)(1)(e), or paragraph (2)(i), the court shall use the results
131of the risk assessment performed by the juvenile probation
132officer and, based on the criteria in subsection (2)(1), shall
133determine the need for continued detention. A child placed into
134secure, nonsecure, or home detention care may continue to be so
135detained by the court.
136     (b)  If the court orders a placement more restrictive than
137indicated by the results of the risk assessment instrument, the
138court shall state, in writing, clear and convincing reasons for
139such placement.
140     (c)  Except as provided in s. 790.22(8) or in s. 985.27,
141when a child is placed into secure or nonsecure detention care,
142or into a respite home or other placement pursuant to a court
143order following a hearing, the court order must include specific
144instructions that direct the release of the child from such
145placement no later than 5 p.m. on the last day of the detention
146period specified in s. 985.26 or s. 985.27, whichever is
147applicable, unless the requirements of such applicable provision
148have been met or an order of continuance has been granted under
149s. 985.26(4).
150     Section 2.  Subsections (5) and (6) of section 985.26,
151Florida Statutes, are renumbered as subsections (6) and (7),
152respectively, and a new subsection (5) is added to that section,
153to 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
158a felony, the child should be held in secure detention for up to
15928 additional days prior to commencement of the adjudicatory
160hearing. Each time a child is charged with failure to appear for
161a misdemeanor, the child may be held in secure detention for up
162to 28 additional days prior to the commencement of the
163adjudicatory hearing.
164     2.  Each time a child is charged with a violation of
165probation or postcommitment probation, the child may be held in
166secure detention for up to 28 additional days prior to
167commencement of the adjudicatory hearing.
168     3.  Each time a child is charged with violating his or her
169home detention care, nonsecure detention care, or electronic
170monitoring prior to the commencement of the adjudicatory
171hearing, the child may be held for up to 28 additional days for
172each violation.
173     4.  Each time a child is charged with violating his or her
174home detention care, nonsecure detention care, or electronic
175monitoring subsequent to the adjudicatory hearing, the child may
176be held for up to 5 additional days for each violation while
177awaiting placement.
178     (b)  Each incident of cutting, altering, or otherwise
179tampering with any electronic monitoring equipment is a separate
180violation of the terms and conditions of electronic monitoring
181and may also be charged as a separate delinquent act.
182     Section 3.  Subsection (1) of section 985.245, Florida
183Statutes, is amended to read:
184     985.245  Risk assessment instrument.--
185     (1)  All determinations and court orders regarding
186placement of a child into detention care shall comply with all
187requirements and criteria provided in this part and shall be
188based on a risk assessment of the child, unless the child is
189placed into detention care as provided in s. 985.255(3)(2).
190     Section 4.  Paragraphs (c) and (d) of subsection (1) of
191section 985.27, Florida Statutes, are amended to read:
192     985.27  Postcommitment detention while awaiting
193placement.--
194     (1)  The court must place all children who are adjudicated
195and awaiting placement in a commitment program in detention
196care. Children who are in home detention care or nonsecure
197detention care may be placed on electronic monitoring.
198     (c)  If the child is committed to a high-risk residential
199program, the child must be held in secure detention care until
200placement or commitment is accomplished.
201     (d)  If the child is committed to a maximum-risk
202residential program, the child must be held in secure detention
203care until placement or commitment is accomplished.
204     Section 5.  Paragraph (c) of subsection (1) of section
205985.43, Florida Statutes, is amended to read:
206     985.43  Predisposition reports; other evaluations.--
207     (1)  Upon a finding that the child has committed a
208delinquent act:
209     (c)  A child who was not in secure detention at the time of
210the adjudicatory hearing, but for whom residential commitment is
211anticipated or recommended, may be placed under a special
212detention order, as provided in s. 985.26(6)(5), for the purpose
213of conducting a comprehensive evaluation.
214     Section 6.  For the purpose of incorporating the amendment
215made by this act to section 985.255, Florida Statutes, in a
216reference thereto, subsection (8) of section 790.22, Florida
217Statutes, is reenacted and amended to read:
218     790.22  Use of BB guns, air or gas-operated guns, or
219electric weapons or devices by minor under 16; limitation;
220possession of firearms by minor under 18 prohibited;
221penalties.--
222     (8)  Notwithstanding s. 985.24 or s. 985.25(1), if a minor
223under 18 years of age is charged with an offense that involves
224the use or possession of a firearm, as defined in s. 790.001,
225including a violation of subsection (3), or is charged for any
226offense during the commission of which the minor possessed a
227firearm, the minor shall be detained in secure detention, unless
228the state attorney authorizes the release of the minor, and
229shall be given a hearing within 24 hours after being taken into
230custody. At the hearing, the court may order that the minor
231continue to be held in secure detention in accordance with the
232applicable time periods specified in s. 985.26(1)-(6)(1)-(5), if
233the court finds that the minor meets the criteria specified in
234s. 985.255, or if the court finds by clear and convincing
235evidence that the minor is a clear and present danger to himself
236or herself or the community. The Department of Juvenile Justice
237shall prepare a form for all minors charged under this
238subsection that states the period of detention and the relevant
239demographic information, including, but not limited to, the sex,
240age, and race of the minor; whether or not the minor was
241represented by private counsel or a public defender; the current
242offense; and the minor's complete prior record, including any
243pending cases. The form shall be provided to the judge to be
244considered when determining whether the minor should be
245continued in secure detention under this subsection. An order
246placing a minor in secure detention because the minor is a clear
247and present danger to himself or herself or the community must
248be in writing, must specify the need for detention and the
249benefits derived by the minor or the community by placing the
250minor in secure detention, and must include a copy of the form
251provided by the department. The Department of Juvenile Justice
252must send the form, including a copy of any order, without
253client-identifying information, to the Office of Economic and
254Demographic Research.
255     Section 7.  For the purpose of incorporating the amendment
256made by this act to section 985.255, Florida Statutes, in a
257reference thereto, subsection (1) of section 985.275, Florida
258Statutes, is reenacted to read:
259     985.275  Detention of escapee or absconder on authority of
260the department.--
261     (1)  If an authorized agent of the department has
262reasonable grounds to believe that any delinquent child
263committed to the department has escaped from a residential
264commitment facility or from being lawfully transported thereto
265or therefrom, or has absconded from a nonresidential commitment
266facility, the agent may take the child into active custody and
267may deliver the child to the facility or, if it is closer, to a
268detention center for return to the facility. However, a child
269may not be held in detention longer than 24 hours, excluding
270Saturdays, Sundays, and legal holidays, unless a special order
271so directing is made by the judge after a detention hearing
272resulting in a finding that detention is required based on the
273criteria in s. 985.255. The order shall state the reasons for
274such finding. The reasons shall be reviewable by appeal or in
275habeas corpus proceedings in the district court of appeal.
276     Section 8.  For the purpose of incorporating the amendment
277made by this act to section 985.255, Florida Statutes, in a
278reference thereto, subsection (6) of section 985.319, Florida
279Statutes, is reenacted to read:
280     985.319  Process and service.--
281     (6)  If the petition alleges that the child has committed a
282delinquent act or violation of law and the judge deems it
283advisable to do so, under the criteria of s. 985.255, the judge
284may, by endorsement upon the summons and after the entry of an
285order in which valid reasons are specified, order the child to
286be taken into custody immediately, and in such case the person
287serving the summons shall immediately take the child into
288custody.
289     Section 9.  This act shall take effect October 1, 2008.


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