HB 471

A bill to be entitled
2An act relating to monitoring juvenile offenders;
3amending s. 939.185, F.S.; authorizing use of a
4specified portion of an additional court cost for
5county juvenile electronic and global positioning
6system (GPS) monitoring programs; amending s. 985.037,
7F.S.; providing that a child who commits direct
8contempt of court or indirect contempt of a valid
9court order may be placed on home detention with or
10without electronic or GPS monitoring; amending s.
11985.26, F.S.; providing conditions under which a child
12may be placed under restrictions by the court,
13including electronic or GPS monitoring; amending s.
14985.455, F.S.; authorizing a court, upon motion of the
15child or upon its own motion, within a specified
16period, to suspend the further execution of the
17disposition and place the child in a probation program
18that includes electronic or GPS monitoring; amending
19s. 985.475, F.S.; authorizing use of an electronic or
20GPS monitoring program to enforce specified
21restrictions on certain juvenile sexual offenders in
22community-based treatment alternatives; providing an
23effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Paragraph (a) of subsection (1) of section
28939.185, Florida Statutes, is amended to read:
29     939.185  Assessment of additional court costs and
31     (1)(a)  The board of county commissioners may adopt by
32ordinance an additional court cost, not to exceed $65, to be
33imposed by the court when a person pleads guilty or nolo
34contendere to, or is found guilty of, or adjudicated delinquent
35for, any felony, misdemeanor, delinquent act, or criminal
36traffic offense under the laws of this state. Such additional
37assessment shall be accounted for separately by the county in
38which the offense occurred and be used only in the county
39imposing this cost, to be allocated as follows:
40     1.  Twenty-five percent of the amount collected shall be
41allocated to fund innovations, as determined by the chief judge
42of the circuit, to supplement state funding for the elements of
43the state courts system identified in s. 29.004 and county
44funding for local requirements under s. 29.008(2)(a)2.
45     2.  Twenty-five percent of the amount collected shall be
46allocated to assist counties in providing legal aid programs
47required under s. 29.008(3)(a).
48     3.  Twenty-five percent of the amount collected shall be
49allocated to fund personnel and legal materials for the public
50as part of a law library.
51     4.  Twenty-five percent of the amount collected shall be
52used as determined by the board of county commissioners to
53support teen court programs, except as provided in s. 938.19(7),
54juvenile assessment centers, county juvenile electronic and
55global positioning system (GPS) monitoring programs, and other
56juvenile alternative programs.
58Each county receiving funds under this section shall report the
59amount of funds collected pursuant to this section and an
60itemized list of expenditures for all authorized programs and
61activities. The report shall be submitted in a format developed
62by the Supreme Court to the Governor, the Chief Financial
63Officer, the President of the Senate, and the Speaker of the
64House of Representatives on a quarterly basis beginning with the
65quarter ending September 30, 2004. Quarterly reports shall be
66submitted no later than 30 days after the end of the quarter.
67Any unspent funds at the close of the county fiscal year
68allocated under subparagraphs 2., 3., and 4., shall be
69transferred for use pursuant to subparagraph 1.
70     Section 2.  Subsection (1) of section 985.037, Florida
71Statutes, is amended to read:
72     985.037  Punishment for contempt of court; alternative
75punish any child for contempt for interfering with the court or
76with court administration, or for violating any provision of
77this chapter or order of the court relative thereto. It is the
78intent of the Legislature that the court restrict and limit the
79use of contempt powers with respect to commitment of a child to
80a secure facility. A child who commits direct contempt of court
81or indirect contempt of a valid court order may be taken into
82custody and ordered to serve an alternative sanction, placed on
83home detention with or without electronic or global positioning
84system (GPS) monitoring, or placed in a secure facility, as
85authorized in this section, by order of the court.
86     Section 3.  Subsection (7) is added to section 985.26,
87Florida Statutes, to read:
88     985.26  Length of detention.-
89     (7)  At any time after a child has been arrested for
90allegedly committing a delinquent act and at any time during
91pendency of the case, the child may be placed under restrictions
92by the court, including electronic or global positioning system
93(GPS) monitoring.
94     Section 4.  Subsection (4) of section 985.455, Florida
95Statutes, is amended to read:
96     985.455  Other dispositional issues.-
97     (4)  The court may, upon motion of the child or upon its
98own motion, within 60 days after imposition of a disposition of
99commitment, suspend the further execution of the disposition and
100place the child in a probation program upon such terms and
101conditions as the court may require, including modifying
102probation to include electronic or global positioning system
103(GPS) monitoring. The department shall forward to the court all
104relevant material on the child's progress while in custody not
105later than 3 working days prior to the hearing on the motion to
106suspend the disposition.
107     Section 5.  Paragraph (e) of subsection (2) of section
108985.475, Florida Statutes, is amended to read:
109     985.475  Juvenile sexual offenders.-
110     (2)  Following a delinquency adjudicatory hearing under s.
111985.35, the court may on its own or upon request by the state or
112the department and subject to specific appropriation, determine
113whether a juvenile sexual offender placement is required for the
114protection of the public and what would be the best approach to
115address the treatment needs of the juvenile sexual offender.
116When the court determines that a juvenile has no history of a
117recent comprehensive assessment focused on sexually deviant
118behavior, the court may, subject to specific appropriation,
119order the department to conduct or arrange for an examination to
120determine whether the juvenile sexual offender is amenable to
121community-based treatment.
122     (e)  If the court determines that this juvenile sexual
123offender community-based treatment alternative is appropriate,
124the court may place the offender on community supervision for up
125to 3 years. As a condition of community treatment and
126supervision, the court may order the offender to:
127     1.  Undergo available outpatient juvenile sexual offender
128treatment for up to 3 years. A program or provider may not be
129used for such treatment unless it has an appropriate program
130designed for sexual offender treatment. The department shall not
131change the treatment provider without first notifying the state
132attorney's office.
133     2.  Remain within described geographical boundaries and
134notify the court or the department counselor prior to any change
135in the offender's address, educational program, or employment.
136An electronic or global positioning system (GPS) monitoring
137program may be used to enforce this subparagraph.
138     3.  Comply with all requirements of the treatment plan.
139     Section 6.  This act shall take effect upon becoming a law.

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