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 discretionary direct filing of |
5 | charges against certain juveniles; providing criteria |
6 | for determining when a case against a juvenile should |
7 | be recommended to the court to be transferred for |
8 | criminal prosecution; providing criteria for |
9 | consideration of a child's request to an adult court |
10 | to return a criminal case to the juvenile justice |
11 | system; reenacting s. 985.556(3), F.S., relating to |
12 | involuntary mandatory waiver of juvenile court |
13 | jurisdiction, to incorporate the amendments made to s. |
14 | 985.557, F.S., in a reference thereto; providing an |
15 | effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Paragraph (c) is added to subsection (1) of |
20 | section 985.557, Florida Statutes, subsection (4) of that |
21 | section is amended, and subsection (5) is added to that section, |
22 | to read: |
23 | 985.557 Direct filing of an information; discretionary and |
24 | mandatory criteria.- |
25 | (1) DISCRETIONARY DIRECT FILE.- |
26 | (c) Except as provided in paragraph (b), the state |
27 | attorney may file an information against a child otherwise |
28 | eligible under this section if the child has a prior felony or |
29 | misdemeanor adjudication or an adjudication withheld. |
30 | (4) DIRECT-FILE CRITERIA.- |
31 | (a) When a child is eligible to have an information filed |
32 | by the state attorney under subsection (1), the state attorney |
33 | shall use the following criteria to determine whether to file an |
34 | information: |
35 | 1. The seriousness of the alleged offense and whether |
36 | transferring the child is necessary for protection of the |
37 | community, including: |
38 | a. The recommendation of the department, through review |
39 | and consideration of the recommendations of the department's |
40 | caseworker. |
41 | b. The probable cause as found in the report, affidavit, |
42 | or complaint, including: |
43 | (I) Whether the alleged offense was committed in an |
44 | aggressive, violent, premeditated, or willful manner. |
45 | (II) Whether the alleged offense was against persons or |
46 | against property, with greater weight being given to offenses |
47 | against persons, especially if personal injury resulted. |
48 | (III) The strength of the state's evidence. |
49 | c. The sophistication and maturity of the child. |
50 | 2. The record and previous history of the child, |
51 | including: |
52 | a. Previous contacts with the department, the Department |
53 | of Corrections, the former Department of Health and |
54 | Rehabilitative Services, the Department of Children and Family |
55 | Services, other law enforcement agencies, and courts. |
56 | b. Prior periods of probation. |
57 | c. Prior adjudications that the child committed a |
58 | delinquent act or violation of law, with greater weight being |
59 | given if the child has previously been found by a court to have |
60 | committed a delinquent act or violation of law involving |
61 | violence to persons. |
62 | d. Prior commitments to institutions of the department, |
63 | the Department of Corrections, or agencies under contract with |
64 | either department. |
65 | e. Patterns of criminality or patterns of escalation. |
66 | 3. The prospects for adequate protection of the public and |
67 | the likelihood of reasonable rehabilitation of the child, if the |
68 | child is found to have committed the alleged offense, by the use |
69 | of procedures, services, and facilities currently available to |
70 | the juvenile court. |
71 | 4. Cost-effective alternatives available to divert the |
72 | child from the criminal and juvenile justice systems and offer |
73 | rehabilitative services for the child. |
74 | (b) If the state attorney files an information against a |
75 | child under this section, the state attorney shall file with the |
76 | court his or her written explanation, addressing the factors |
77 | listed in paragraph (a), as to why the child should be |
78 | transferred for criminal prosecution. An information filed |
79 | pursuant to this section may include all charges that are based |
80 | on the same act, criminal episode, or transaction as the primary |
81 | offenses. |
82 | (5) REVERSE WAIVER.-Any child over whom the adult court |
83 | has obtained original jurisdiction may request, in writing, a |
84 | hearing to determine whether the child shall remain in adult |
85 | court. The adult court shall retain jurisdiction unless the |
86 | child proves by a preponderance of evidence all of the |
87 | following: |
88 | (a) The child could obtain services available in the |
89 | juvenile justice system which could lessen the possibility of |
90 | the child reoffending in the future. |
91 | (b) The child's best interests would be served by |
92 | prosecuting the case in juvenile court. |
93 | (c) The child could receive juvenile sanctions that would |
94 | provide adequate safety and protection for the community. |
95 | (d) The child is not charged with a felony that is |
96 | punishable by death or life imprisonment. |
97 | (e) The child has not previously been convicted and |
98 | sentenced as an adult. |
99 | Section 2. For the purpose of incorporating the amendment |
100 | made by this act to section 985.557, Florida Statutes, in a |
101 | reference thereto, subsection (3) of section 985.556, Florida |
102 | Statutes, is reenacted to read: |
103 | 985.556 Waiver of juvenile court jurisdiction; hearing.- |
104 | (3) INVOLUNTARY MANDATORY WAIVER.- |
105 | (a) If the child was 14 years of age or older, and if the |
106 | child has been previously adjudicated delinquent for an act |
107 | classified as a felony, which adjudication was for the |
108 | commission of, attempt to commit, or conspiracy to commit |
109 | murder, sexual battery, armed or strong-armed robbery, |
110 | carjacking, home-invasion robbery, aggravated battery, |
111 | aggravated assault, or burglary with an assault or battery, and |
112 | the child is currently charged with a second or subsequent |
113 | violent crime against a person; or |
114 | (b) If the child was 14 years of age or older at the time |
115 | of commission of a fourth or subsequent alleged felony offense |
116 | and the child was previously adjudicated delinquent or had |
117 | adjudication withheld for or was found to have committed, or to |
118 | have attempted or conspired to commit, three offenses that are |
119 | felony offenses if committed by an adult, and one or more of |
120 | such felony offenses involved the use or possession of a firearm |
121 | or violence against a person; |
122 |
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123 | the state attorney shall request the court to transfer and |
124 | certify the child for prosecution as an adult or shall provide |
125 | written reasons to the court for not making such request, or |
126 | proceed under s. 985.557(1). Upon the state attorney's request, |
127 | the court shall either enter an order transferring the case and |
128 | certifying the case for trial as if the child were an adult or |
129 | provide written reasons for not issuing such an order. |
130 | Section 3. This act shall take effect July 1, 2012. |