Florida Senate - 2017                                    SB 1670
       
       
        
       By Senator Latvala
       
       
       
       
       
       16-00721B-17                                          20171670__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.24, F.S.; revising requirements for placement of a
    4         child in detention care; revising terminology;
    5         amending s. 985.245, F.S.; providing that a child who
    6         is designated a prolific juvenile offender does not
    7         require a risk assessment to be placed in detention
    8         care; amending s. 985.25, F.S.; revising terminology;
    9         providing that a child meeting specified criteria
   10         shall be placed in secure detention care until the
   11         child’s detention hearing; amending s. 985.255, F.S.;
   12         revising terminology; providing criteria for a child
   13         to be designated a prolific juvenile offender;
   14         defining the term “arrest event”; conforming
   15         provisions to changes made by the act; amending s.
   16         985.26, F.S.; revising terminology; requiring the
   17         court to place a prolific juvenile offender in secure
   18         detention care under a special detention order until
   19         disposition; defining the term “disposition”; revising
   20         terminology; providing for the tolling of the period
   21         of detention care for an alleged violation of
   22         detention care conditions; providing for the retention
   23         of jurisdiction by the court over a child during the
   24         tolling period; revising the calculation of detention
   25         days served if a child violates detention care;
   26         amending s. 985.265, F.S.; revising terminology;
   27         amending s. 985.27, F.S.; requiring secure detention
   28         for all children awaiting placement in a commitment
   29         program until the placement or commitment is
   30         accomplished; deleting provisions relating to the
   31         detention of children; amending s. 985.35, F.S.;
   32         requiring the adjudicatory hearing for a child
   33         designated a prolific juvenile offender to be held
   34         within a specified period unless such child requests a
   35         delay; amending s. 985.514, F.S.; revising
   36         terminology; reenacting s. 790.22(8), F.S., relating
   37         to secure detention for minors charged with an offense
   38         involving firearms, to incorporate the amendments made
   39         by the act to ss. 985.24, 985.25, 985.255, and 985.26,
   40         F.S., in references thereto; reenacting s. 985.115(2),
   41         F.S., relating to release or delivery from custody, to
   42         incorporate the amendments made by the act to ss.
   43         985.255 and 985.26, F.S., in references thereto;
   44         reenacting s. 985.13(2), F.S., relating to probable
   45         cause affidavits, to incorporate the amendments made
   46         by the act to ss. 985.255 and 985.26, F.S., in
   47         references thereto; reenacting s. 985.245(2)(b), F.S.,
   48         relating to risk assessment instruments, to
   49         incorporate the amendment made by this act to s.
   50         985.255, F.S., in a reference thereto; reenacting s.
   51         985.255(2), F.S., relating to detention criteria and
   52         hearings, to incorporate the amendment made by this
   53         act to s. 985.26, F.S., in a reference thereto;
   54         reenacting s. 985.275(1), F.S., relating to detention
   55         of an escapee or absconder, to incorporate the
   56         amendment made by this act to s. 985.255, F.S., in a
   57         reference thereto; reenacting s. 985.319(6), F.S.,
   58         relating to process and service, to incorporate the
   59         amendment made by this act to s. 985.255, F.S., in a
   60         reference thereto; providing an effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Paragraphs (d) and (e) of subsection (1) and
   65  subsection (2) of section 985.24, Florida Statutes, are amended,
   66  and paragraph (f) is added to subsection (1) of that section, to
   67  read:
   68         985.24 Use of detention; prohibitions.—
   69         (1) All determinations and court orders regarding the use
   70  of detention care shall be based primarily upon findings that
   71  the child:
   72         (d) Has committed contempt of court by:
   73         1. Intentionally disrupting the administration of the
   74  court;
   75         2. Intentionally disobeying a court order; or
   76         3. Engaging in a punishable act or speech in the court’s
   77  presence which shows disrespect for the authority and dignity of
   78  the court; or
   79         (e) Requests protection from imminent bodily harm; or
   80         (f)Is at risk for recidivism.
   81         (2) A child alleged to have committed a delinquent act or
   82  violation of law may not be placed into secure or nonsecure
   83  detention care for any of the following reasons:
   84         (a) To allow a parent to avoid his or her legal
   85  responsibility.
   86         (b) To permit more convenient administrative access to the
   87  child.
   88         (c) To facilitate further interrogation or investigation.
   89         (d) Due to a lack of more appropriate facilities.
   90         Section 2. Subsection (1) of section 985.245, Florida
   91  Statutes, is amended to read:
   92         985.245 Risk assessment instrument.—
   93         (1) All determinations and court orders regarding placement
   94  of a child into detention care shall comply with all
   95  requirements and criteria provided in this part and shall be
   96  based on a risk assessment of the child, unless the child is
   97  placed into detention care under as provided in s. 985.255(2) or
   98  is designated a prolific juvenile offender under s.
   99  985.255(1)(j).
  100         Section 3. Subsection (1) of section 985.25, Florida
  101  Statutes, is amended to read:
  102         985.25 Detention intake.—
  103         (1) The department shall receive custody of a child who has
  104  been taken into custody from the law enforcement agency or court
  105  and shall review the facts in the law enforcement report or
  106  probable cause affidavit and make such further inquiry as may be
  107  necessary to determine whether detention care is appropriate.
  108         (a) During the period of time from the taking of the child
  109  into custody to the date of the detention hearing, the initial
  110  decision as to the child’s placement into secure or nonsecure
  111  detention care shall be made by the department under ss. 985.24
  112  and 985.245(1).
  113         (b) The department shall base the decision whether to place
  114  the child into secure or nonsecure detention care on an
  115  assessment of risk in accordance with the risk assessment
  116  instrument and procedures developed by the department under s.
  117  985.245, except that. However, a child shall be placed in secure
  118  detention care until the child’s detention hearing if the child
  119  meets the criteria specified in s. 985.255(1)(j), is charged
  120  with possessing or discharging a firearm on school property in
  121  violation of s. 790.115, or shall be placed in secure detention
  122  care. A child who has been taken into custody on three or more
  123  separate occasions within a 60-day period shall be placed in
  124  secure detention care until the child’s detention hearing.
  125         (c) If the final score on the child’s risk assessment
  126  instrument indicates detention care is appropriate, but the
  127  department otherwise determines the child should be released,
  128  the department shall contact the state attorney, who may
  129  authorize release.
  130         (d) If the final score on the risk assessment instrument
  131  indicates detention is not appropriate, the child may be
  132  released by the department in accordance with ss. 985.115 and
  133  985.13.
  134  
  135  Under no circumstances shall the department or the state
  136  attorney or law enforcement officer authorize the detention of
  137  any child in a jail or other facility intended or used for the
  138  detention of adults, without an order of the court.
  139         Section 4. Subsection (1) and paragraphs (a) and (c) of
  140  subsection (3) of section 985.255, Florida Statutes, are amended
  141  to read:
  142         985.255 Detention criteria; detention hearing.—
  143         (1) Subject to s. 985.25(1), a child taken into custody and
  144  placed into secure or nonsecure detention care shall be given a
  145  hearing within 24 hours after being taken into custody. At the
  146  hearing, the court may order continued detention if:
  147         (a) The child is alleged to be an escapee from a
  148  residential commitment program; or an absconder from a
  149  nonresidential commitment program, a probation program, or
  150  conditional release supervision; or is alleged to have escaped
  151  while being lawfully transported to or from a residential
  152  commitment program.
  153         (b) The child is wanted in another jurisdiction for an
  154  offense which, if committed by an adult, would be a felony.
  155         (c) The child is charged with a delinquent act or violation
  156  of law and requests in writing through legal counsel to be
  157  detained for protection from an imminent physical threat to his
  158  or her personal safety.
  159         (d) The child is charged with committing an offense of
  160  domestic violence as defined in s. 741.28 and is detained as
  161  provided in subsection (2).
  162         (e) The child is charged with possession of or discharging
  163  a firearm on school property in violation of s. 790.115 or the
  164  illegal possession of a firearm.
  165         (f) The child is charged with a capital felony, a life
  166  felony, a felony of the first degree, a felony of the second
  167  degree that does not involve a violation of chapter 893, or a
  168  felony of the third degree that is also a crime of violence,
  169  including any such offense involving the use or possession of a
  170  firearm.
  171         (g) The child is charged with any second degree or third
  172  degree felony involving a violation of chapter 893 or any third
  173  degree felony that is not also a crime of violence, and the
  174  child:
  175         1. Has a record of failure to appear at court hearings
  176  after being properly notified in accordance with the Rules of
  177  Juvenile Procedure;
  178         2. Has a record of law violations prior to court hearings;
  179         3. Has already been detained or has been released and is
  180  awaiting final disposition of the case;
  181         4. Has a record of violent conduct resulting in physical
  182  injury to others; or
  183         5. Is found to have been in possession of a firearm.
  184         (h) The child is alleged to have violated the conditions of
  185  the child’s probation or conditional release supervision.
  186  However, a child detained under this paragraph may be held only
  187  in a consequence unit as provided in s. 985.439. If a
  188  consequence unit is not available, the child shall be placed on
  189  nonsecure detention with electronic monitoring.
  190         (i) The child is detained on a judicial order for failure
  191  to appear and has previously willfully failed to appear, after
  192  proper notice:
  193         1. For an adjudicatory hearing on the same case regardless
  194  of the results of the risk assessment instrument; or
  195         2. At two or more court hearings of any nature on the same
  196  case regardless of the results of the risk assessment
  197  instrument.
  198  
  199  A child may be held in secure detention for up to 72 hours in
  200  advance of the next scheduled court hearing pursuant to this
  201  paragraph. The child’s failure to keep the clerk of court and
  202  defense counsel informed of a current and valid mailing address
  203  where the child will receive notice to appear at court
  204  proceedings does not provide an adequate ground for excusal of
  205  the child’s nonappearance at the hearings.
  206         (j)The child is a prolific juvenile offender. A child must
  207  be designated by the court as a prolific juvenile offender if
  208  the child:
  209         1.Is charged with a delinquent act that would be a felony
  210  if committed by an adult;
  211         2.Has been adjudicated or had adjudication withheld for a
  212  felony offense or delinquent act that would be a felony if
  213  committed by an adult, before the charge under subparagraph 1.;
  214  and
  215         3.Has 5 or more of any of the following, at least 3 of
  216  which must have been for felony offenses or delinquent acts that
  217  would have been felonies if committed by an adult:
  218         a.An arrest event for which a disposition, as defined in
  219  s. 985.26, has not been entered;
  220         b.An adjudication; or
  221         c.An adjudication withheld.
  222  
  223  This subparagraph excludes the arrest event that resulted in the
  224  charge under subparagraph 1. and the adjudication or
  225  adjudication withheld under subparagraph 2. As used in this
  226  subparagraph, the term “arrest event” means an arrest for one or
  227  more criminal offenses or delinquent acts arising out of the
  228  same episode, act, or transaction.
  229         (3)(a) The purpose of the detention hearing required under
  230  subsection (1) is to determine the existence of probable cause
  231  that the child has committed the delinquent act or violation of
  232  law that he or she is charged with and the need for continued
  233  detention. Unless a child is detained under paragraph (1)(d), or
  234  paragraph (1)(e), or paragraph (1)(j), the court shall use the
  235  results of the risk assessment performed by the department and,
  236  based on the criteria in subsection (1), shall determine the
  237  need for continued detention.
  238         (c) Except as provided in s. 790.22(8), s. 985.26(2)(b), or
  239  in s. 985.27, when a child is placed into secure or nonsecure
  240  detention care, or into a respite home or other placement
  241  pursuant to a court order following a hearing, the court order
  242  must include specific instructions that direct the release of
  243  the child from such placement no later than 5 p.m. on the last
  244  day of the detention period specified in s. 985.26 or s. 985.27,
  245  whichever is applicable, unless the requirements of such
  246  applicable provision have been met or an order of continuance
  247  has been granted under s. 985.26(4). If the court order does not
  248  include a release date, the release date shall be requested from
  249  the court on the same date that the child is placed in detention
  250  care. If a subsequent hearing is needed to provide additional
  251  information to the court for safety planning, the initial order
  252  placing the child in detention care shall reflect the next
  253  detention review hearing, which shall be held within 3 calendar
  254  days after the child’s initial detention placement.
  255         Section 5. Subsections (1) through (4) of section 985.26,
  256  Florida Statutes, are amended to read:
  257         985.26 Length of detention.—
  258         (1) A child may not be placed into or held in secure or
  259  nonsecure detention care for longer than 24 hours unless the
  260  court orders such detention care, and the order includes
  261  specific instructions that direct the release of the child from
  262  such detention care, in accordance with s. 985.255. The order
  263  shall be a final order, reviewable by appeal under s. 985.534
  264  and the Florida Rules of Appellate Procedure. Appeals of such
  265  orders shall take precedence over other appeals and other
  266  pending matters.
  267         (2)(a)Except as provided in paragraph (b), a child may not
  268  be held in secure or nonsecure detention care under a special
  269  detention order for more than 21 days unless an adjudicatory
  270  hearing for the case has been commenced in good faith by the
  271  court. However, upon good cause being shown that the nature of
  272  the charge requires additional time for the prosecution or
  273  defense of the case, the court may extend the length of
  274  detention for an additional 9 days if the child is charged with
  275  an offense that would be, if committed by an adult, a capital
  276  felony, a life felony, a felony of the first degree, or a felony
  277  of the second degree involving violence against any individual.
  278         (b)A child who is designated a prolific juvenile offender
  279  under s. 985.255(1)(j) shall be held in secure detention care
  280  under a special detention order until disposition. As used in
  281  this paragraph, the term “disposition” means the entry of a
  282  nolle prosequi for the charges, a dismissal of the case, or the
  283  entry of a disposition order by the court.
  284         (3) Except as provided in subsection (2), a child may not
  285  be held in secure or nonsecure detention care for more than 15
  286  days following the entry of an order of adjudication.
  287         (4)(a) The time limits in subsections (2) and (3) do not
  288  include periods of delay resulting from a continuance granted by
  289  the court for cause on motion of the child or his or her counsel
  290  or of the state. Upon the issuance of an order granting a
  291  continuance for cause on a motion by either the child, the
  292  child’s counsel, or the state, the court shall conduct a hearing
  293  at the end of each 72-hour period, excluding Saturdays, Sundays,
  294  and legal holidays, to determine the need for continued
  295  detention of the child and the need for further continuance of
  296  proceedings for the child or the state.
  297         (b)The period for detention care under this section is
  298  tolled on the date that the department alleges that the child
  299  has violated a condition of the child’s detention care until the
  300  court enters a ruling on the violation. Notwithstanding the
  301  tolling of detention care, the court retains jurisdiction over
  302  the child for a violation of a condition of detention care
  303  during the tolling period. If the court finds that a child has
  304  violated his or her detention care, the number of days that the
  305  child served in detention care before commission of the
  306  violation shall be excluded from the time limits under
  307  subsections (2) and (3).
  308         Section 6. Subsection (2) of section 985.265, Florida
  309  Statutes, is amended to read:
  310         985.265 Detention transfer and release; education; adult
  311  jails.—
  312         (2) If a child is on release status and not detained under
  313  this part, the child may be placed into secure or nonsecure
  314  detention care only pursuant to a court hearing in which the
  315  original risk assessment instrument and the newly discovered
  316  evidence or changed circumstances are introduced into evidence
  317  with a rescored risk assessment instrument.
  318         Section 7. Section 985.27, Florida Statutes, is amended to
  319  read:
  320         985.27 Postdisposition detention while awaiting commitment
  321  placement.—
  322         (1) The court must place all children who are adjudicated
  323  and awaiting placement in a commitment program in secure
  324  detention care until the placement or commitment is
  325  accomplished. Children who are in nonsecure detention care may
  326  be placed on electronic monitoring.
  327         (a)A child who is awaiting placement in a nonsecure
  328  residential program must be removed from detention within 5
  329  days, excluding Saturdays, Sundays, and legal holidays. Any
  330  child held in secure detention during the 5 days must meet
  331  detention admission criteria under this part. The department may
  332  seek an order from the court authorizing continued detention for
  333  a specific period of time necessary for the appropriate
  334  residential placement of the child. However, such continued
  335  detention in secure detention care may not exceed 15 days after
  336  entry of the commitment order, excluding Saturdays, Sundays, and
  337  legal holidays, and except as otherwise provided in this
  338  section. A child who is placed in nonsecure detention care or
  339  nonsecure detention care with electronic monitoring, while
  340  awaiting placement in a nonsecure residential program, may be
  341  held in secure detention care for 5 days, if the child violates
  342  the conditions of the nonsecure detention care or the electronic
  343  monitoring agreement. For any subsequent violation, the court
  344  may impose an additional 5 days in secure detention care.
  345         (b)If the child is committed to a high-risk residential
  346  program, the child must be held in secure detention care until
  347  placement or commitment is accomplished.
  348         (c)If the child is committed to a maximum-risk residential
  349  program, the child must be held in secure detention care until
  350  placement or commitment is accomplished.
  351         (2)Regardless of detention status, a child being
  352  transported by the department to a residential commitment
  353  facility of the department may be placed in secure detention
  354  overnight, not to exceed a 24-hour period, for the specific
  355  purpose of ensuring the safe delivery of the child to his or her
  356  residential commitment program, court, appointment, transfer, or
  357  release.
  358         Section 8. Subsection (1) of section 985.35, Florida
  359  Statutes, is amended to read:
  360         985.35 Adjudicatory hearings; withheld adjudications;
  361  orders of adjudication.—
  362         (1)(a)Except as provided in paragraph (b), the
  363  adjudicatory hearing must be held as soon as practicable after
  364  the petition alleging that a child has committed a delinquent
  365  act or violation of law is filed and in accordance with the
  366  Florida Rules of Juvenile Procedure; but reasonable delay for
  367  the purpose of investigation, discovery, or procuring counsel or
  368  witnesses shall be granted. If the child is being detained, the
  369  time limitations in s. 985.26(2) and (3) apply.
  370         (b)If the child is designated a prolific juvenile offender
  371  under s. 985.255(1)(j), the adjudicatory hearing must be held
  372  within 45 days after the petition alleging that the child has
  373  committed a delinquent act or violation of law has been filed
  374  unless a delay is requested by the child.
  375         Section 9. Subsection (1) of section 985.514, Florida
  376  Statutes, is amended to read:
  377         985.514 Responsibility for cost of care; fees.—
  378         (1) When any child is placed into secure or nonsecure
  379  detention care or into other placement for the purpose of being
  380  supervised by the department pursuant to a court order following
  381  a detention hearing, the court shall order the child’s parents
  382  to pay fees to the department as provided in s. 985.039.
  383         Section 10. For the purpose of incorporating the amendments
  384  made by this act to sections 985.24, 985.25, 985.255, and
  385  985.26, Florida Statutes, in references thereto, subsection (8)
  386  of section 790.22, Florida Statutes, is reenacted to read:
  387         790.22 Use of BB guns, air or gas-operated guns, or
  388  electric weapons or devices by minor under 16; limitation;
  389  possession of firearms by minor under 18 prohibited; penalties.—
  390         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  391  is charged with an offense that involves the use or possession
  392  of a firearm, including a violation of subsection (3), or is
  393  charged for any offense during the commission of which the minor
  394  possessed a firearm, the minor shall be detained in secure
  395  detention, unless the state attorney authorizes the release of
  396  the minor, and shall be given a hearing within 24 hours after
  397  being taken into custody. At the hearing, the court may order
  398  that the minor continue to be held in secure detention in
  399  accordance with the applicable time periods specified in s.
  400  985.26(1)-(5), if the court finds that the minor meets the
  401  criteria specified in s. 985.255, or if the court finds by clear
  402  and convincing evidence that the minor is a clear and present
  403  danger to himself or herself or the community. The Department of
  404  Juvenile Justice shall prepare a form for all minors charged
  405  under this subsection which states the period of detention and
  406  the relevant demographic information, including, but not limited
  407  to, the gender, age, and race of the minor; whether or not the
  408  minor was represented by private counsel or a public defender;
  409  the current offense; and the minor’s complete prior record,
  410  including any pending cases. The form shall be provided to the
  411  judge for determining whether the minor should be continued in
  412  secure detention under this subsection. An order placing a minor
  413  in secure detention because the minor is a clear and present
  414  danger to himself or herself or the community must be in
  415  writing, must specify the need for detention and the benefits
  416  derived by the minor or the community by placing the minor in
  417  secure detention, and must include a copy of the form provided
  418  by the department.
  419         Section 11. For the purpose of incorporating the amendment
  420  made by this act to sections 985.255 and 985.26, Florida
  421  Statutes, in references thereto, subsection (2) of section
  422  985.115, Florida Statutes, is reenacted to read:
  423         985.115 Release or delivery from custody.—
  424         (2) Unless otherwise ordered by the court under s. 985.255
  425  or s. 985.26, and unless there is a need to hold the child, a
  426  person taking a child into custody shall attempt to release the
  427  child as follows:
  428         (a) To the child’s parent, guardian, or legal custodian or,
  429  if the child’s parent, guardian, or legal custodian is
  430  unavailable, unwilling, or unable to provide supervision for the
  431  child, to any responsible adult. Prior to releasing the child to
  432  a responsible adult, other than the parent, guardian, or legal
  433  custodian, the person taking the child into custody may conduct
  434  a criminal history background check of the person to whom the
  435  child is to be released. If the person has a prior felony
  436  conviction, or a conviction for child abuse, drug trafficking,
  437  or prostitution, that person is not a responsible adult for the
  438  purposes of this section. The person to whom the child is
  439  released shall agree to inform the department or the person
  440  releasing the child of the child’s subsequent change of address
  441  and to produce the child in court at such time as the court may
  442  direct, and the child shall join in the agreement.
  443         (b) Contingent upon specific appropriation, to a shelter
  444  approved by the department or to an authorized agent.
  445         (c) If the child is believed to be suffering from a serious
  446  physical condition which requires either prompt diagnosis or
  447  prompt treatment, to a law enforcement officer who shall deliver
  448  the child to a hospital for necessary evaluation and treatment.
  449         (d) If the child is believed to be mentally ill as defined
  450  in s. 394.463(1), to a law enforcement officer who shall take
  451  the child to a designated public receiving facility as defined
  452  in s. 394.455 for examination under s. 394.463.
  453         (e) If the child appears to be intoxicated and has
  454  threatened, attempted, or inflicted physical harm on himself or
  455  herself or another, or is incapacitated by substance abuse, to a
  456  law enforcement officer who shall deliver the child to a
  457  hospital, addictions receiving facility, or treatment resource.
  458         (f) If available, to a juvenile assessment center equipped
  459  and staffed to assume custody of the child for the purpose of
  460  assessing the needs of the child in custody. The center may then
  461  release or deliver the child under this section with a copy of
  462  the assessment.
  463         Section 12. For the purpose of incorporating the amendment
  464  made by this act to section 985.255 and 985.26, Florida
  465  Statutes, in references thereto, subsection (2) of section
  466  985.13, Florida Statutes, is reenacted to read:
  467         985.13 Probable cause affidavits.—
  468         (2) A person taking a child into custody who determines,
  469  under part V, that the child should be detained or released to a
  470  shelter designated by the department, shall make a reasonable
  471  effort to immediately notify the parent, guardian, or legal
  472  custodian of the child and shall, without unreasonable delay,
  473  deliver the child to the appropriate juvenile probation officer
  474  or, if the court has so ordered under s. 985.255 or s. 985.26,
  475  to a detention center or facility. Upon delivery of the child,
  476  the person taking the child into custody shall make a written
  477  report or probable cause affidavit to the appropriate juvenile
  478  probation officer. Such written report or probable cause
  479  affidavit must:
  480         (a) Identify the child and, if known, the parents,
  481  guardian, or legal custodian.
  482         (b) Establish that the child was legally taken into
  483  custody, with sufficient information to establish the
  484  jurisdiction of the court and to make a prima facie showing that
  485  the child has committed a violation of law.
  486         Section 13. For the purpose of incorporating the amendment
  487  made by this act to section 985.255, Florida Statutes, in a
  488  reference thereto, paragraph (b) of subsection (2) of section
  489  985.245, Florida Statutes, is reenacted to read:
  490         985.245 Risk assessment instrument.—
  491         (2)
  492         (b) The risk assessment instrument shall take into
  493  consideration, but need not be limited to, prior history of
  494  failure to appear, prior offenses, offenses committed pending
  495  adjudication, any unlawful possession of a firearm, theft of a
  496  motor vehicle or possession of a stolen motor vehicle, and
  497  probation status at the time the child is taken into custody.
  498  The risk assessment instrument shall also take into
  499  consideration appropriate aggravating and mitigating
  500  circumstances, and shall be designed to target a narrower
  501  population of children than s. 985.255. The risk assessment
  502  instrument shall also include any information concerning the
  503  child’s history of abuse and neglect. The risk assessment shall
  504  indicate whether detention care is warranted, and, if detention
  505  care is warranted, whether the child should be placed into
  506  secure or nonsecure detention care.
  507         Section 14. For the purpose of incorporating the amendment
  508  made by this act to section 985.26, Florida Statutes, in a
  509  reference thereto, subsection (2) of section 985.255, Florida
  510  Statutes, is reenacted to read:
  511         985.255 Detention criteria; detention hearing.—
  512         (2) A child who is charged with committing an offense that
  513  is classified as an act of domestic violence as defined in s.
  514  741.28 and whose risk assessment instrument indicates secure
  515  detention is not appropriate may be held in secure detention if
  516  the court makes specific written findings that:
  517         (a) Respite care for the child is not available.
  518         (b) It is necessary to place the child in secure detention
  519  in order to protect the victim from injury.
  520  
  521  The child may not be held in secure detention under this
  522  subsection for more than 48 hours unless ordered by the court.
  523  After 48 hours, the court shall hold a hearing if the state
  524  attorney or victim requests that secure detention be continued.
  525  The child may continue to be held in detention care if the court
  526  makes a specific, written finding that detention care is
  527  necessary to protect the victim from injury. However, the child
  528  may not be held in detention care beyond the time limits set
  529  forth in this section or s. 985.26.
  530         Section 15. For the purpose of incorporating the amendment
  531  made by this act to section 985.255, Florida Statutes, in a
  532  reference thereto, subsection (1) of section 985.275, Florida
  533  Statutes, is reenacted to read:
  534         985.275 Detention of escapee or absconder on authority of
  535  the department.—
  536         (1) If an authorized agent of the department has reasonable
  537  grounds to believe that any delinquent child committed to the
  538  department has escaped from a residential commitment facility or
  539  from being lawfully transported thereto or therefrom, or has
  540  absconded from a nonresidential commitment facility, the agent
  541  shall notify law enforcement and, if the offense would require
  542  notification under chapter 960, notify the victim. The agent
  543  shall make every reasonable effort as permitted within existing
  544  resources provided to the department to locate the delinquent
  545  child, and the child may be returned to the facility or, if it
  546  is closer, to a detention center for return to the facility.
  547  However, a child may not be held in detention longer than 24
  548  hours, excluding Saturdays, Sundays, and legal holidays, unless
  549  a special order so directing is made by the judge after a
  550  detention hearing resulting in a finding that detention is
  551  required based on the criteria in s. 985.255. The order shall
  552  state the reasons for such finding. The reasons shall be
  553  reviewable by appeal or in habeas corpus proceedings in the
  554  district court of appeal.
  555         Section 16. For the purpose of incorporating the amendment
  556  made by this act to section 985.255, Florida Statutes, in a
  557  reference thereto, subsection (6) of section 985.319, Florida
  558  Statutes, is reenacted to read:
  559         985.319 Process and service.—
  560         (6) If the petition alleges that the child has committed a
  561  delinquent act or violation of law and the judge deems it
  562  advisable to do so, under the criteria of s. 985.255, the judge
  563  may, by endorsement upon the summons and after the entry of an
  564  order in which valid reasons are specified, order the child to
  565  be taken into custody immediately, and in such case the person
  566  serving the summons shall immediately take the child into
  567  custody.
  568         Section 17. This act shall take effect October 1, 2017.