| 1 | A bill to be entitled |
| 2 | An act relating to criminal prosecution of juveniles; |
| 3 | amending s. 985.557, F.S.; providing additional |
| 4 | circumstances for the direct filing of charges against |
| 5 | certain juveniles; providing criteria for determining when |
| 6 | a case against a juvenile should be recommended to the |
| 7 | court to be transferred for criminal prosecution; |
| 8 | providing criteria for consideration of a child's request |
| 9 | to an adult court to return a criminal case to the |
| 10 | juvenile justice system; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (c) is added to subsection (1) of |
| 15 | section 985.557, Florida Statutes, subsection (4) of that |
| 16 | section is amended, present subsection (5) of that section is |
| 17 | redesignated as subsection (6) and amended, and a new subsection |
| 18 | (5) is added to that section, to read: |
| 19 | 985.557 Direct filing of an information; discretionary and |
| 20 | mandatory criteria.- |
| 21 | (1) DISCRETIONARY DIRECT FILE.- |
| 22 | (c) Except as provided in paragraph (b), the state |
| 23 | attorney may file an information against a child otherwise |
| 24 | eligible under this section if the child has prior felony or |
| 25 | misdemeanor adjudications or adjudications withheld. |
| 26 | (4) DIRECT-FILE CRITERIA POLICIES AND GUIDELINES.- |
| 27 | (a) When a child is eligible to have an information filed |
| 28 | by the state attorney under subsection (1), the state attorney |
| 29 | shall use the following criteria to determine whether to file an |
| 30 | information: |
| 31 | 1. The seriousness of the alleged offense and whether |
| 32 | transferring the child is necessary for protection of the |
| 33 | community, including: |
| 34 | a. The recommendation of the department, through review |
| 35 | and consideration of the recommendations of the department's |
| 36 | caseworker. |
| 37 | b. The probable cause as found in the report, affidavit, |
| 38 | or complaint, including: |
| 39 | (I) Whether the alleged offense was committed in an |
| 40 | aggressive, violent, premeditated, or willful manner. |
| 41 | (II) Whether the alleged offense was against persons or |
| 42 | against property, with greater weight being given to offenses |
| 43 | against persons, especially if personal injury resulted. |
| 44 | (III) The strength of the state's evidence. |
| 45 | c. The sophistication and maturity of the child. |
| 46 | 2. The record and previous history of the child, |
| 47 | including: |
| 48 | a. Previous contacts with the department, the Department |
| 49 | of Corrections, the former Department of Health and |
| 50 | Rehabilitative Services, the Department of Children and Family |
| 51 | Services, other law enforcement agencies, and courts. |
| 52 | b. Prior periods of probation. |
| 53 | c. Prior adjudications that the child committed a |
| 54 | delinquent act or violation of law, with greater weight being |
| 55 | given if the child has previously been found by a court to have |
| 56 | committed a delinquent act or violation of law involving |
| 57 | violence to persons. |
| 58 | d. Prior commitments to institutions of the department, |
| 59 | the Department of Corrections, or agencies under contract with |
| 60 | either of them. |
| 61 | e. Patterns of criminality or patterns of escalation. |
| 62 | 3. The prospects for adequate protection of the public and |
| 63 | the likelihood of reasonable rehabilitation of the child, if the |
| 64 | child is found to have committed the alleged offense, by the use |
| 65 | of procedures, services, and facilities currently available to |
| 66 | the juvenile court. |
| 67 | 4. Cost-effective alternatives available to divert the |
| 68 | child from the criminal and juvenile justice systems and offer |
| 69 | rehabilitative services for the child. |
| 70 | (b) If the state attorney files an information against a |
| 71 | child under this section, the state attorney shall file with the |
| 72 | court his or her written explanation, addressing the factors |
| 73 | listed in paragraph (a), as to why the child should be |
| 74 | transferred for criminal prosecution. Each state attorney shall |
| 75 | develop written policies and guidelines to govern determinations |
| 76 | for filing an information on a juvenile, to be submitted to the |
| 77 | Executive Office of the Governor, the President of the Senate, |
| 78 | and the Speaker of the House of Representatives not later than |
| 79 | January 1 of each year. |
| 80 | (5) REVERSE WAIVER.-Any child over whom the adult court |
| 81 | has obtained original jurisdiction may request, in writing, a |
| 82 | hearing to determine whether the child shall remain in adult |
| 83 | court. The adult court shall retain jurisdiction unless the |
| 84 | child proves by a preponderance of evidence all of the |
| 85 | following: |
| 86 | (a) The child could obtain services available in the |
| 87 | juvenile justice system that could lessen the possibility of the |
| 88 | child reoffending in the future. |
| 89 | (b) The child's best interests would be served by |
| 90 | prosecuting the case in juvenile court. |
| 91 | (c) The child could receive juvenile sanctions that would |
| 92 | provide adequate safety and protection for the community. |
| 93 | (d) The child is not charged with a felony that is |
| 94 | punishable by death or life imprisonment. |
| 95 | (e) The child has not previously been convicted and |
| 96 | sentenced as an adult. |
| 97 | (6)(5) CHARGES INCLUDED.-An information filed pursuant to |
| 98 | this section may include all charges that are based on the same |
| 99 | act, criminal episode, or transaction as the primary offenses. |
| 100 | Section 2. This act shall take effect July 1, 2010. |