HB 471

1	A bill to be entitled
2	An act relating to monitoring juvenile offenders;
3	amending s. 939.185, F.S.; authorizing use of a
4	specified portion of an additional court cost for
5	county juvenile electronic and global positioning
6	system (GPS) monitoring programs; amending s. 985.037,
7	F.S.; providing that a child who commits direct
8	contempt of court or indirect contempt of a valid
9	court order may be placed on home detention with or
10	without electronic or GPS monitoring; amending s.
11	985.26, F.S.; providing conditions under which a child
12	may be placed under restrictions by the court,
13	including electronic or GPS monitoring; amending s.
14	985.455, F.S.; authorizing a court, upon motion of the
15	child or upon its own motion, within a specified
16	period, to suspend the further execution of the
17	disposition and place the child in a probation program
18	that includes electronic or GPS monitoring; amending
19	s. 985.475, F.S.; authorizing use of an electronic or
20	GPS monitoring program to enforce specified
21	restrictions on certain juvenile sexual offenders in
22	community-based treatment alternatives; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (a) of subsection (1) of section
28	939.185, Florida Statutes, is amended to read:
29	939.185  Assessment of additional court costs and
30	surcharges.-
31	(1)(a)  The board of county commissioners may adopt by
32	ordinance an additional court cost, not to exceed $65, to be
33	imposed by the court when a person pleads guilty or nolo
34	contendere to, or is found guilty of, or adjudicated delinquent
35	for, any felony, misdemeanor, delinquent act, or criminal
36	traffic offense under the laws of this state. Such additional
37	assessment shall be accounted for separately by the county in
38	which the offense occurred and be used only in the county
39	imposing this cost, to be allocated as follows:
40	1.  Twenty-five percent of the amount collected shall be
41	allocated to fund innovations, as determined by the chief judge
42	of the circuit, to supplement state funding for the elements of
43	the state courts system identified in s. 29.004 and county
44	funding for local requirements under s. 29.008(2)(a)2.
45	2.  Twenty-five percent of the amount collected shall be
46	allocated to assist counties in providing legal aid programs
47	required under s. 29.008(3)(a).
48	3.  Twenty-five percent of the amount collected shall be
49	allocated to fund personnel and legal materials for the public
50	as part of a law library.
51	4.  Twenty-five percent of the amount collected shall be
52	used as determined by the board of county commissioners to
53	support teen court programs, except as provided in s. 938.19(7),
54	juvenile assessment centers, county juvenile electronic and
55	global positioning system (GPS) monitoring programs, and other
56	juvenile alternative programs.
57
58	Each county receiving funds under this section shall report the
59	amount of funds collected pursuant to this section and an
60	itemized list of expenditures for all authorized programs and
61	activities. The report shall be submitted in a format developed
62	by the Supreme Court to the Governor, the Chief Financial
63	Officer, the President of the Senate, and the Speaker of the
64	House of Representatives on a quarterly basis beginning with the
65	quarter ending September 30, 2004. Quarterly reports shall be
66	submitted no later than 30 days after the end of the quarter.
67	Any unspent funds at the close of the county fiscal year
68	allocated under subparagraphs 2., 3., and 4., shall be
69	transferred for use pursuant to subparagraph 1.
70	Section 2.  Subsection (1) of section 985.037, Florida
71	Statutes, is amended to read:
72	985.037  Punishment for contempt of court; alternative
73	sanctions.-
74	(1)  CONTEMPT OF COURT; LEGISLATIVE INTENT.-The court may
75	punish any child for contempt for interfering with the court or
76	with court administration, or for violating any provision of
77	this chapter or order of the court relative thereto. It is the
78	intent of the Legislature that the court restrict and limit the
79	use of contempt powers with respect to commitment of a child to
80	a secure facility. A child who commits direct contempt of court
81	or indirect contempt of a valid court order may be taken into
82	custody and ordered to serve an alternative sanction, placed on
83	home detention with or without electronic or global positioning
84	system (GPS) monitoring, or placed in a secure facility, as
85	authorized in this section, by order of the court.
86	Section 3.  Subsection (7) is added to section 985.26,
87	Florida Statutes, to read:
88	985.26  Length of detention.-
89	(7)  At any time after a child has been arrested for
90	allegedly committing a delinquent act and at any time during
91	pendency of the case, the child may be placed under restrictions
92	by the court, including electronic or global positioning system
93	(GPS) monitoring.
94	Section 4.  Subsection (4) of section 985.455, Florida
95	Statutes, is amended to read:
96	985.455  Other dispositional issues.-
97	(4)  The court may, upon motion of the child or upon its
98	own motion, within 60 days after imposition of a disposition of
99	commitment, suspend the further execution of the disposition and
100	place the child in a probation program upon such terms and
101	conditions as the court may require, including modifying
102	probation to include electronic or global positioning system
103	(GPS) monitoring. The department shall forward to the court all
104	relevant material on the child's progress while in custody not
105	later than 3 working days prior to the hearing on the motion to
106	suspend the disposition.
107	Section 5.  Paragraph (e) of subsection (2) of section
108	985.475, Florida Statutes, is amended to read:
109	985.475  Juvenile sexual offenders.-
110	(2)  Following a delinquency adjudicatory hearing under s.
111	985.35, the court may on its own or upon request by the state or
112	the department and subject to specific appropriation, determine
113	whether a juvenile sexual offender placement is required for the
114	protection of the public and what would be the best approach to
115	address the treatment needs of the juvenile sexual offender.
116	When the court determines that a juvenile has no history of a
117	recent comprehensive assessment focused on sexually deviant
118	behavior, the court may, subject to specific appropriation,
119	order the department to conduct or arrange for an examination to
120	determine whether the juvenile sexual offender is amenable to
121	community-based treatment.
122	(e)  If the court determines that this juvenile sexual
123	offender community-based treatment alternative is appropriate,
124	the court may place the offender on community supervision for up
125	to 3 years. As a condition of community treatment and
126	supervision, the court may order the offender to:
127	1.  Undergo available outpatient juvenile sexual offender
128	treatment for up to 3 years. A program or provider may not be
129	used for such treatment unless it has an appropriate program
130	designed for sexual offender treatment. The department shall not
131	change the treatment provider without first notifying the state
132	attorney's office.
133	2.  Remain within described geographical boundaries and
134	notify the court or the department counselor prior to any change
135	in the offender's address, educational program, or employment.
136	An electronic or global positioning system (GPS) monitoring
137	program 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.