Florida Senate - 2012                                     SB 504
       
       
       
       By Senator Evers
       
       
       
       
       2-00413-12                                             2012504__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.441, F.S.; removing from the court having
    4         jurisdiction over an adjudicated delinquent child the
    5         authority to commit the delinquent child to the
    6         Department of Juvenile Justice for placement in a
    7         program or facility for serious or habitual juvenile
    8         offenders; authorizing the court, under certain
    9         circumstances, to commit a child to the department for
   10         placement in a mother-infant program if the child’s
   11         mother is committed as a delinquent; requiring that
   12         such mother-infant program be licensed as a child care
   13         facility and provide the services and support
   14         necessary to enable the committed juvenile mother to
   15         provide for the needs of the child who accompanies her
   16         in the program; amending s. 985.601, F.S.; authorizing
   17         the department, at the discretion of the Secretary of
   18         Juvenile Justice, to pay a specified sum toward
   19         funeral expenses for a youth under certain
   20         circumstances; specifying the criteria by which the
   21         secretary determines if basic funeral expenses will be
   22         paid; amending s. 985.0301, F.S.; revising provisions
   23         to conform to changes made by the act; providing an
   24         effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (1) of section 985.441, Florida
   29  Statutes, is amended to read:
   30         985.441 Commitment.—
   31         (1) The court that has jurisdiction of an adjudicated
   32  delinquent child may, by an order stating the facts upon which a
   33  determination of a sanction and rehabilitative program was made
   34  at the disposition hearing:
   35         (a) Commit the child to a licensed child-caring agency
   36  willing to receive the child; however, the court may not commit
   37  the child to a jail or to a facility used primarily as a
   38  detention center or facility or shelter.
   39         (b) Commit the child to the department at a restrictiveness
   40  level defined in s. 985.03. Such commitment must be for the
   41  purpose of exercising active control over the child, including,
   42  but not limited to, custody, care, training, monitoring for
   43  substance abuse, electronic monitoring, and treatment of the
   44  child and release of the child from residential commitment into
   45  the community in a postcommitment nonresidential conditional
   46  release program. If the child is not successful in the
   47  conditional release program, the department may use the transfer
   48  procedure under subsection (4).
   49         (c) Commit the child to the department for placement in a
   50  program or facility for serious or habitual juvenile offenders
   51  in accordance with s. 985.47.
   52         1. Following a delinquency adjudicatory hearing under s.
   53  985.35 and a delinquency disposition hearing under s. 985.433
   54  that results in a commitment determination, the court shall, on
   55  its own or upon request by the state or the department,
   56  determine whether the protection of the public requires that the
   57  child be placed in a program for serious or habitual juvenile
   58  offenders and whether the particular needs of the child would be
   59  best served by a program for serious or habitual juvenile
   60  offenders as provided in s. 985.47. The determination shall be
   61  made under ss. 985.47(1) and 985.433(7).
   62         2. Any commitment of a child to a program or facility for
   63  serious or habitual juvenile offenders must be for an
   64  indeterminate period of time, but the time may not exceed the
   65  maximum term of imprisonment that an adult may serve for the
   66  same offense.
   67         (c)(d) Commit the child to the department for placement in
   68  a program or facility for juvenile sexual offenders in
   69  accordance with s. 985.48, subject to specific appropriation for
   70  such a program or facility.
   71         1. The child may only be committed for such placement
   72  pursuant to determination that the child is a juvenile sexual
   73  offender under the criteria specified in s. 985.475.
   74         2. Any commitment of a juvenile sexual offender to a
   75  program or facility for juvenile sexual offenders must be for an
   76  indeterminate period of time, but the time may not exceed the
   77  maximum term of imprisonment that an adult may serve for the
   78  same offense.
   79         (d) Commit the child to the department for placement in a
   80  mother-infant program designed to serve the needs of juvenile
   81  mothers or expectant juvenile mothers who are committed as
   82  delinquents. The department’s mother-infant program must be
   83  licensed as a child care facility in accordance with s. 402.308
   84  and must provide the services and support necessary to enable
   85  the committed juvenile mother to provide for the needs of her
   86  child who, upon agreement of the mother, may accompany her in
   87  the program.
   88         Section 2. Subsection (11) is added to section 985.601,
   89  Florida Statutes, to read:
   90         985.601 Administering the juvenile justice continuum.—
   91         (11) At the discretion of the Secretary of Corrections, the
   92  department may pay up to $5,000 toward the basic funeral
   93  expenses for a youth who dies:
   94         (a) While in the custody of the department;
   95         (b) Whose parents or guardians are indigent and unable to
   96  pay these expenses; and
   97         (c) There is no other source of funding available to pay
   98  for these expenses.
   99         Section 3. Paragraph (g) of subsection (5) of section
  100  985.0301, Florida Statutes, is amended to read:
  101         985.0301 Jurisdiction.—
  102         (5)
  103         (g)1. Notwithstanding ss. 743.07 and 985.455(3), a serious
  104  or habitual juvenile offender shall not be held under commitment
  105  from a court under s. 985.441(1)(c), s. 985.47, or s. 985.565
  106  after becoming 21 years of age. This subparagraph applies shall
  107  apply only for the purpose of completing the serious or habitual
  108  juvenile offender program under this chapter and shall be used
  109  solely for the purpose of treatment.
  110         2. The court may retain jurisdiction over a child who has
  111  been placed in a program or facility for serious or habitual
  112  juvenile offenders until the child reaches the age of 21,
  113  specifically for the purpose of the child completing the
  114  program.
  115         Section 4. This act shall take effect July 1, 2012.