Florida Senate - 2017                             CS for SB 1670
       
       
        
       By the Committee on Appropriations; and Senator Latvala
       
       
       
       
       
       576-04412-17                                          20171670c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         382.0255, F.S.; requiring the Department of Health to
    4         waive fees for a birth certificate issued to certain
    5         juvenile offenders; amending s. 985.25, F.S.; revising
    6         terminology; requiring that a child who meets
    7         specified criteria be placed in secure detention care
    8         until the child’s detention hearing; amending s.
    9         985.255, F.S.; revising terminology; providing an
   10         additional circumstance under which the court may
   11         order continued detention; providing criteria for a
   12         child to be a prolific juvenile offender; defining the
   13         term “arrest event”; specifying certain information
   14         and criteria that may be considered by a court only
   15         when determining whether a prolific juvenile offender
   16         should be held in secure detention; conforming
   17         provisions to changes made by the act; amending s.
   18         985.26, F.S.; revising terminology; requiring the
   19         court to place a prolific juvenile offender in certain
   20         detention care under a special detention order until
   21         disposition; specifying time limitations for secure
   22         detention for a prolific juvenile offender; defining
   23         the term “disposition”; providing for the tolling of
   24         nonsecure detention care for an alleged violation of
   25         such detention care; providing for the retention of
   26         jurisdiction by the court over a child during the
   27         tolling period; revising the calculation of detention
   28         care days served if a child violates nonsecure
   29         detention care; amending s. 985.265, F.S.; revising
   30         terminology; amending s. 985.27, F.S.; requiring
   31         secure detention for all children awaiting placement
   32         in a residential commitment program until the
   33         placement or commitment is accomplished; deleting
   34         provisions specifying the maximum number of days a
   35         child may be placed in secure detention under certain
   36         circumstances; amending s. 985.35, F.S.; requiring the
   37         adjudicatory hearing for a child who is a prolific
   38         juvenile offender to be held within a specified period
   39         unless such child requests a delay; revising the
   40         circumstances under which an adjudication of
   41         delinquency for a felony disqualifies a person from
   42         possessing a firearm; providing a declaration of
   43         important state interest; amending s. 985.514, F.S.;
   44         revising terminology; reenacting s. 790.22(8), F.S.,
   45         relating to secure detention for minors charged with
   46         an offense involving BB guns, air or gas-operated
   47         guns, or electric weapons or devices, to incorporate
   48         the amendments made by the act to ss. 985.25, 985.255,
   49         and 985.26, F.S., in references thereto; reenacting s.
   50         985.115(2), F.S., relating to release or delivery from
   51         custody, to incorporate the amendments made by the act
   52         to ss. 985.255 and 985.26, F.S., in references
   53         thereto; reenacting s. 985.13(2), F.S., relating to
   54         probable cause affidavits, to incorporate the
   55         amendments made by the act to ss. 985.255 and 985.26,
   56         F.S., in references thereto; reenacting s.
   57         985.245(2)(b), F.S., relating to risk assessment
   58         instruments, to incorporate the amendment made by this
   59         act to s. 985.255, F.S., in a reference thereto;
   60         reenacting s. 985.255(2), F.S., relating to detention
   61         criteria and hearings, to incorporate the amendment
   62         made by this act to s. 985.26, F.S., in a reference
   63         thereto; reenacting s. 985.275(1), F.S., relating to
   64         detention of an escapee or absconder, to incorporate
   65         the amendment made by this act to s. 985.255, F.S., in
   66         a reference thereto; reenacting s. 985.319(6), F.S.,
   67         relating to process and service, to incorporate the
   68         amendment made by this act to s. 985.255, F.S., in a
   69         reference thereto; providing an appropriation;
   70         providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Subsection (3) of section 382.0255, Florida
   75  Statutes, is amended to read:
   76         382.0255 Fees.—
   77         (3) Fees shall be established by rule. However, until rules
   78  are adopted, the fees assessed pursuant to this section shall be
   79  the minimum fees cited. The fees established by rule must be
   80  sufficient to meet the cost of providing the service. All fees
   81  shall be paid by the person requesting the record, are due and
   82  payable at the time services are requested, and are
   83  nonrefundable, except that, when a search is conducted and no
   84  vital record is found, any fees paid for additional certified
   85  copies shall be refunded. The department may waive all or part
   86  of the fees required under this section for any government
   87  entity. The department shall waive all fees required under this
   88  section for a certified copy of a birth certificate issued for
   89  purposes of an inmate acquiring a state identification card
   90  before release pursuant to s. 944.605(7) and for a juvenile
   91  offender who is in the custody or under the supervision of the
   92  Department of Juvenile Justice and receiving services under s.
   93  985.461.
   94         Section 2. Subsection (1) of section 985.25, Florida
   95  Statutes, is amended to read:
   96         985.25 Detention intake.—
   97         (1) The department shall receive custody of a child who has
   98  been taken into custody from the law enforcement agency or court
   99  and shall review the facts in the law enforcement report or
  100  probable cause affidavit and make such further inquiry as may be
  101  necessary to determine whether detention care is appropriate.
  102         (a) During the period of time from the taking of the child
  103  into custody to the date of the detention hearing, the initial
  104  decision as to the child’s placement into secure or nonsecure
  105  detention care shall be made by the department under ss. 985.24
  106  and 985.245(1).
  107         (b) The department shall base the decision whether to place
  108  the child into secure or nonsecure detention care on an
  109  assessment of risk in accordance with the risk assessment
  110  instrument and procedures developed by the department under s.
  111  985.245, except that. However, a child shall be placed in secure
  112  detention care until the child’s detention hearing if the child
  113  meets the criteria specified in s. 985.255(1)(j), is charged
  114  with possessing or discharging a firearm on school property in
  115  violation of s. 790.115, or shall be placed in secure detention
  116  care. A child who has been taken into custody on three or more
  117  separate occasions within a 60-day period shall be placed in
  118  secure detention care until the child’s detention hearing.
  119         (c) If the final score on the child’s risk assessment
  120  instrument indicates detention care is appropriate, but the
  121  department otherwise determines the child should be released,
  122  the department shall contact the state attorney, who may
  123  authorize release.
  124         (d) If the final score on the risk assessment instrument
  125  indicates detention is not appropriate, the child may be
  126  released by the department in accordance with ss. 985.115 and
  127  985.13.
  128  
  129  Under no circumstances shall the department or the state
  130  attorney or law enforcement officer authorize the detention of
  131  any child in a jail or other facility intended or used for the
  132  detention of adults, without an order of the court.
  133         Section 3. Subsections (1) and (3) of section 985.255,
  134  Florida Statutes, are amended to read:
  135         985.255 Detention criteria; detention hearing.—
  136         (1) Subject to s. 985.25(1), a child taken into custody and
  137  placed into secure or nonsecure detention care shall be given a
  138  hearing within 24 hours after being taken into custody. At the
  139  hearing, the court may order continued detention if:
  140         (a) The child is alleged to be an escapee from a
  141  residential commitment program; or an absconder from a
  142  nonresidential commitment program, a probation program, or
  143  conditional release supervision; or is alleged to have escaped
  144  while being lawfully transported to or from a residential
  145  commitment program.
  146         (b) The child is wanted in another jurisdiction for an
  147  offense which, if committed by an adult, would be a felony.
  148         (c) The child is charged with a delinquent act or violation
  149  of law and requests in writing through legal counsel to be
  150  detained for protection from an imminent physical threat to his
  151  or her personal safety.
  152         (d) The child is charged with committing an offense of
  153  domestic violence as defined in s. 741.28 and is detained as
  154  provided in subsection (2).
  155         (e) The child is charged with possession of or discharging
  156  a firearm on school property in violation of s. 790.115 or the
  157  illegal possession of a firearm.
  158         (f) The child is charged with a capital felony, a life
  159  felony, a felony of the first degree, a felony of the second
  160  degree that does not involve a violation of chapter 893, or a
  161  felony of the third degree that is also a crime of violence,
  162  including any such offense involving the use or possession of a
  163  firearm.
  164         (g) The child is charged with any second degree or third
  165  degree felony involving a violation of chapter 893 or any third
  166  degree felony that is not also a crime of violence, and the
  167  child:
  168         1. Has a record of failure to appear at court hearings
  169  after being properly notified in accordance with the Rules of
  170  Juvenile Procedure;
  171         2. Has a record of law violations prior to court hearings;
  172         3. Has already been detained or has been released and is
  173  awaiting final disposition of the case;
  174         4. Has a record of violent conduct resulting in physical
  175  injury to others; or
  176         5. Is found to have been in possession of a firearm.
  177         (h) The child is alleged to have violated the conditions of
  178  the child’s probation or conditional release supervision.
  179  However, a child detained under this paragraph may be held only
  180  in a consequence unit as provided in s. 985.439. If a
  181  consequence unit is not available, the child shall be placed on
  182  nonsecure detention with electronic monitoring.
  183         (i) The child is detained on a judicial order for failure
  184  to appear and has previously willfully failed to appear, after
  185  proper notice:
  186         1. For an adjudicatory hearing on the same case regardless
  187  of the results of the risk assessment instrument; or
  188         2. At two or more court hearings of any nature on the same
  189  case regardless of the results of the risk assessment
  190  instrument.
  191  
  192  A child may be held in secure detention for up to 72 hours in
  193  advance of the next scheduled court hearing pursuant to this
  194  paragraph. The child’s failure to keep the clerk of court and
  195  defense counsel informed of a current and valid mailing address
  196  where the child will receive notice to appear at court
  197  proceedings does not provide an adequate ground for excusal of
  198  the child’s nonappearance at the hearings.
  199         (j)The child is a prolific juvenile offender. A child is a
  200  prolific juvenile offender if the child:
  201         1.Is charged with a delinquent act that would be a felony
  202  if committed by an adult;
  203         2.Has been adjudicated or had adjudication withheld for a
  204  felony offense, or a delinquent act that would be a felony if
  205  committed by an adult, before the charge under subparagraph 1.;
  206  and
  207         3.In addition to meeting the requirements of subparagraphs
  208  1. and 2., has five or more of any of the following, at least
  209  three of which must have been for felony offenses or delinquent
  210  acts that would have been felonies if committed by an adult:
  211         a.An arrest event for which a disposition, as defined in
  212  s. 985.26, has not been entered;
  213         b.An adjudication; or
  214         c.An adjudication withheld.
  215  
  216  As used in this subparagraph, the term “arrest event” means an
  217  arrest or referral for one or more criminal offenses or
  218  delinquent acts arising out of the same episode, act, or
  219  transaction.
  220         (3)(a) The purpose of the detention hearing required under
  221  subsection (1) is to determine the existence of probable cause
  222  that the child has committed the delinquent act or violation of
  223  law that he or she is charged with and the need for continued
  224  detention. Unless a child is detained under paragraph (1)(d) or
  225  paragraph (1)(e), the court shall use the results of the risk
  226  assessment performed by the department and, based on the
  227  criteria in subsection (1), shall determine the need for
  228  continued detention. If a child is a prolific juvenile offender
  229  who is detained under s. 985.26(2)(c), the court shall use the
  230  results of the risk assessment performed by the department and
  231  the criteria in subsection (1) or subsection (2) only to
  232  determine whether the prolific juvenile offender should be held
  233  in secure detention.
  234         (b) If the court orders a placement more restrictive than
  235  indicated by the results of the risk assessment instrument, the
  236  court shall state, in writing, clear and convincing reasons for
  237  such placement.
  238         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  239  when a child is placed into secure or nonsecure detention care,
  240  or into a respite home or other placement pursuant to a court
  241  order following a hearing, the court order must include specific
  242  instructions that direct the release of the child from such
  243  placement no later than 5 p.m. on the last day of the detention
  244  period specified in s. 985.26 or s. 985.27, whichever is
  245  applicable, unless the requirements of such applicable provision
  246  have been met or an order of continuance has been granted under
  247  s. 985.26(4). If the court order does not include a release
  248  date, the release date shall be requested from the court on the
  249  same date that the child is placed in detention care. If a
  250  subsequent hearing is needed to provide additional information
  251  to the court for safety planning, the initial order placing the
  252  child in detention care shall reflect the next detention review
  253  hearing, which shall be held within 3 calendar days after the
  254  child’s initial detention placement.
  255         Section 4. 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) or paragraph
  268  (c), a child may not be held in secure or nonsecure detention
  269  care under a special detention order for more than 21 days
  270  unless an adjudicatory hearing for the case has been commenced
  271  in good faith by the court.
  272         (b)However, Upon good cause being shown that the nature of
  273  the charge requires additional time for the prosecution or
  274  defense of the case, the court may extend the length of
  275  detention for an additional 9 days if the child is charged with
  276  an offense that would be, if committed by an adult, a capital
  277  felony, a life felony, a felony of the first degree, or a felony
  278  of the second degree involving violence against any individual.
  279         (c)A prolific juvenile offender under s. 985.255(1)(j)
  280  shall be placed on nonsecure detention care with electronic
  281  monitoring or in secure detention care under a special detention
  282  order until disposition. If secure detention care is ordered by
  283  the court, it must be authorized under this part and may not
  284  exceed:
  285         1.Twenty-one days unless an adjudicatory hearing for the
  286  case has been commenced in good faith by the court or the period
  287  is extended by the court pursuant to paragraph (b); or
  288         2.Fifteen days after the entry of an order of
  289  adjudication.
  290  
  291  As used in this paragraph, the term “disposition” means a
  292  declination to file under s. 985.15(1)(h), the entry of nolle
  293  prosequi for the charges, the filing of an indictment under s.
  294  985.56 or an information under s. 985.557, a dismissal of the
  295  case, or an order of final disposition by the court.
  296         (3) Except as provided in subsection (2), a child may not
  297  be held in secure or nonsecure detention care for more than 15
  298  days following the entry of an order of adjudication.
  299         (4)(a) The time limits in subsections (2) and (3) do not
  300  include periods of delay resulting from a continuance granted by
  301  the court for cause on motion of the child or his or her counsel
  302  or of the state. Upon the issuance of an order granting a
  303  continuance for cause on a motion by either the child, the
  304  child’s counsel, or the state, the court shall conduct a hearing
  305  at the end of each 72-hour period, excluding Saturdays, Sundays,
  306  and legal holidays, to determine the need for continued
  307  detention of the child and the need for further continuance of
  308  proceedings for the child or the state.
  309         (b)The period for nonsecure detention care under this
  310  section is tolled on the date that the department or a law
  311  enforcement officer alleges that the child has violated a
  312  condition of the child’s nonsecure detention care until the
  313  court enters a ruling on the violation. Notwithstanding the
  314  tolling of nonsecure detention care, the court retains
  315  jurisdiction over the child for a violation of a condition of
  316  nonsecure detention care during the tolling period. If the court
  317  finds that a child has violated his or her nonsecure detention
  318  care, the number of days that the child served in any type of
  319  detention care before commission of the violation shall be
  320  excluded from the time limits under subsections (2) and (3).
  321         Section 5. Subsection (2) of section 985.265, Florida
  322  Statutes, is amended to read:
  323         985.265 Detention transfer and release; education; adult
  324  jails.—
  325         (2) If a child is on release status and not detained under
  326  this part, the child may be placed into secure or nonsecure
  327  detention care only pursuant to a court hearing in which the
  328  original risk assessment instrument and the newly discovered
  329  evidence or changed circumstances are introduced into evidence
  330  with a rescored risk assessment instrument.
  331         Section 6. Section 985.27, Florida Statutes, is amended to
  332  read:
  333         985.27 Postdisposition detention while awaiting residential
  334  commitment placement.—
  335         (1) The court must place all children who are adjudicated
  336  and awaiting placement in a nonsecure, high-risk, or maximum
  337  risk residential commitment program in secure detention care
  338  until the placement or commitment is accomplished. Children who
  339  are in nonsecure detention care may be placed on electronic
  340  monitoring.
  341         (a)A child who is awaiting placement in a nonsecure
  342  residential program must be removed from detention within 5
  343  days, excluding Saturdays, Sundays, and legal holidays. Any
  344  child held in secure detention during the 5 days must meet
  345  detention admission criteria under this part. The department may
  346  seek an order from the court authorizing continued detention for
  347  a specific period of time necessary for the appropriate
  348  residential placement of the child. However, such continued
  349  detention in secure detention care may not exceed 15 days after
  350  entry of the commitment order, excluding Saturdays, Sundays, and
  351  legal holidays, and except as otherwise provided in this
  352  section. A child who is placed in nonsecure detention care or
  353  nonsecure detention care with electronic monitoring, while
  354  awaiting placement in a nonsecure residential program, may be
  355  held in secure detention care for 5 days, if the child violates
  356  the conditions of the nonsecure detention care or the electronic
  357  monitoring agreement. For any subsequent violation, the court
  358  may impose an additional 5 days in secure detention care.
  359         (b)If the child is committed to a high-risk residential
  360  program, the child must be held in secure detention care until
  361  placement or commitment is accomplished.
  362         (c)If the child is committed to a maximum-risk residential
  363  program, the child must be held in secure detention care until
  364  placement or commitment is accomplished.
  365         (2)Regardless of detention status, a child being
  366  transported by the department to a residential commitment
  367  facility of the department may be placed in secure detention
  368  overnight, not to exceed a 24-hour period, for the specific
  369  purpose of ensuring the safe delivery of the child to his or her
  370  residential commitment program, court, appointment, transfer, or
  371  release.
  372         Section 7. Subsections (1) and (7) of section 985.35,
  373  Florida Statutes, are amended to read:
  374         985.35 Adjudicatory hearings; withheld adjudications;
  375  orders of adjudication.—
  376         (1)(a)Except as provided in paragraph (b), the
  377  adjudicatory hearing must be held as soon as practicable after
  378  the petition alleging that a child has committed a delinquent
  379  act or violation of law is filed and in accordance with the
  380  Florida Rules of Juvenile Procedure; but reasonable delay for
  381  the purpose of investigation, discovery, or procuring counsel or
  382  witnesses shall be granted. If the child is being detained, the
  383  time limitations in s. 985.26(2) and (3) apply.
  384         (b)If the child is a prolific juvenile offender under s.
  385  985.255(1)(j), the adjudicatory hearing must be held within 45
  386  days after the child is taken into custody unless a delay is
  387  requested by the child.
  388         (7) Notwithstanding any other provision of law, An
  389  adjudication of delinquency for an offense classified as a
  390  felony shall disqualify a person from lawfully possessing a
  391  firearm until such person reaches 24 years of age, unless the
  392  person’s criminal history record for that offense has been
  393  expunged pursuant to s. 943.0515(1)(b).
  394         Section 8. The Legislature determines and declares that
  395  this act fulfills an important state interest.
  396         Section 9. Subsection (1) of section 985.514, Florida
  397  Statutes, is amended to read:
  398         985.514 Responsibility for cost of care; fees.—
  399         (1) When any child is placed into secure or nonsecure
  400  detention care or into other placement for the purpose of being
  401  supervised by the department pursuant to a court order following
  402  a detention hearing, the court shall order the child’s parents
  403  to pay fees to the department as provided in s. 985.039.
  404         Section 10. For the purpose of incorporating the amendments
  405  made by this act to sections 985.25, 985.255, and 985.26,
  406  Florida Statutes, in references thereto, subsection (8) of
  407  section 790.22, Florida Statutes, is reenacted to read:
  408         790.22 Use of BB guns, air or gas-operated guns, or
  409  electric weapons or devices by minor under 16; limitation;
  410  possession of firearms by minor under 18 prohibited; penalties.—
  411         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
  412  is charged with an offense that involves the use or possession
  413  of a firearm, including a violation of subsection (3), or is
  414  charged for any offense during the commission of which the minor
  415  possessed a firearm, the minor shall be detained in secure
  416  detention, unless the state attorney authorizes the release of
  417  the minor, and shall be given a hearing within 24 hours after
  418  being taken into custody. At the hearing, the court may order
  419  that the minor continue to be held in secure detention in
  420  accordance with the applicable time periods specified in s.
  421  985.26(1)-(5), if the court finds that the minor meets the
  422  criteria specified in s. 985.255, or if the court finds by clear
  423  and convincing evidence that the minor is a clear and present
  424  danger to himself or herself or the community. The Department of
  425  Juvenile Justice shall prepare a form for all minors charged
  426  under this subsection which states the period of detention and
  427  the relevant demographic information, including, but not limited
  428  to, the gender, age, and race of the minor; whether or not the
  429  minor was represented by private counsel or a public defender;
  430  the current offense; and the minor’s complete prior record,
  431  including any pending cases. The form shall be provided to the
  432  judge for determining whether the minor should be continued in
  433  secure detention under this subsection. An order placing a minor
  434  in secure detention because the minor is a clear and present
  435  danger to himself or herself or the community must be in
  436  writing, must specify the need for detention and the benefits
  437  derived by the minor or the community by placing the minor in
  438  secure detention, and must include a copy of the form provided
  439  by the department.
  440         Section 11. For the purpose of incorporating the amendments
  441  made by this act to sections 985.255 and 985.26, Florida
  442  Statutes, in references thereto, subsection (2) of section
  443  985.115, Florida Statutes, is reenacted to read:
  444         985.115 Release or delivery from custody.—
  445         (2) Unless otherwise ordered by the court under s. 985.255
  446  or s. 985.26, and unless there is a need to hold the child, a
  447  person taking a child into custody shall attempt to release the
  448  child as follows:
  449         (a) To the child’s parent, guardian, or legal custodian or,
  450  if the child’s parent, guardian, or legal custodian is
  451  unavailable, unwilling, or unable to provide supervision for the
  452  child, to any responsible adult. Prior to releasing the child to
  453  a responsible adult, other than the parent, guardian, or legal
  454  custodian, the person taking the child into custody may conduct
  455  a criminal history background check of the person to whom the
  456  child is to be released. If the person has a prior felony
  457  conviction, or a conviction for child abuse, drug trafficking,
  458  or prostitution, that person is not a responsible adult for the
  459  purposes of this section. The person to whom the child is
  460  released shall agree to inform the department or the person
  461  releasing the child of the child’s subsequent change of address
  462  and to produce the child in court at such time as the court may
  463  direct, and the child shall join in the agreement.
  464         (b) Contingent upon specific appropriation, to a shelter
  465  approved by the department or to an authorized agent.
  466         (c) If the child is believed to be suffering from a serious
  467  physical condition which requires either prompt diagnosis or
  468  prompt treatment, to a law enforcement officer who shall deliver
  469  the child to a hospital for necessary evaluation and treatment.
  470         (d) If the child is believed to be mentally ill as defined
  471  in s. 394.463(1), to a law enforcement officer who shall take
  472  the child to a designated public receiving facility as defined
  473  in s. 394.455 for examination under s. 394.463.
  474         (e) If the child appears to be intoxicated and has
  475  threatened, attempted, or inflicted physical harm on himself or
  476  herself or another, or is incapacitated by substance abuse, to a
  477  law enforcement officer who shall deliver the child to a
  478  hospital, addictions receiving facility, or treatment resource.
  479         (f) If available, to a juvenile assessment center equipped
  480  and staffed to assume custody of the child for the purpose of
  481  assessing the needs of the child in custody. The center may then
  482  release or deliver the child under this section with a copy of
  483  the assessment.
  484         Section 12. For the purpose of incorporating the amendments
  485  made by this act to sections 985.255 and 985.26, Florida
  486  Statutes, in references thereto, subsection (2) of section
  487  985.13, Florida Statutes, is reenacted to read:
  488         985.13 Probable cause affidavits.—
  489         (2) A person taking a child into custody who determines,
  490  under part V, that the child should be detained or released to a
  491  shelter designated by the department, shall make a reasonable
  492  effort to immediately notify the parent, guardian, or legal
  493  custodian of the child and shall, without unreasonable delay,
  494  deliver the child to the appropriate juvenile probation officer
  495  or, if the court has so ordered under s. 985.255 or s. 985.26,
  496  to a detention center or facility. Upon delivery of the child,
  497  the person taking the child into custody shall make a written
  498  report or probable cause affidavit to the appropriate juvenile
  499  probation officer. Such written report or probable cause
  500  affidavit must:
  501         (a) Identify the child and, if known, the parents,
  502  guardian, or legal custodian.
  503         (b) Establish that the child was legally taken into
  504  custody, with sufficient information to establish the
  505  jurisdiction of the court and to make a prima facie showing that
  506  the child has committed a violation of law.
  507         Section 13. For the purpose of incorporating the amendment
  508  made by this act to section 985.255, Florida Statutes, in a
  509  reference thereto, paragraph (b) of subsection (2) of section
  510  985.245, Florida Statutes, is reenacted to read:
  511         985.245 Risk assessment instrument.—
  512         (2)
  513         (b) The risk assessment instrument shall take into
  514  consideration, but need not be limited to, prior history of
  515  failure to appear, prior offenses, offenses committed pending
  516  adjudication, any unlawful possession of a firearm, theft of a
  517  motor vehicle or possession of a stolen motor vehicle, and
  518  probation status at the time the child is taken into custody.
  519  The risk assessment instrument shall also take into
  520  consideration appropriate aggravating and mitigating
  521  circumstances, and shall be designed to target a narrower
  522  population of children than s. 985.255. The risk assessment
  523  instrument shall also include any information concerning the
  524  child’s history of abuse and neglect. The risk assessment shall
  525  indicate whether detention care is warranted, and, if detention
  526  care is warranted, whether the child should be placed into
  527  secure or nonsecure detention care.
  528         Section 14. For the purpose of incorporating the amendment
  529  made by this act to section 985.26, Florida Statutes, in a
  530  reference thereto, subsection (2) of section 985.255, Florida
  531  Statutes, is reenacted to read:
  532         985.255 Detention criteria; detention hearing.—
  533         (2) A child who is charged with committing an offense that
  534  is classified as an act of domestic violence as defined in s.
  535  741.28 and whose risk assessment instrument indicates secure
  536  detention is not appropriate may be held in secure detention if
  537  the court makes specific written findings that:
  538         (a) Respite care for the child is not available.
  539         (b) It is necessary to place the child in secure detention
  540  in order to protect the victim from injury.
  541  
  542  The child may not be held in secure detention under this
  543  subsection for more than 48 hours unless ordered by the court.
  544  After 48 hours, the court shall hold a hearing if the state
  545  attorney or victim requests that secure detention be continued.
  546  The child may continue to be held in detention care if the court
  547  makes a specific, written finding that detention care is
  548  necessary to protect the victim from injury. However, the child
  549  may not be held in detention care beyond the time limits set
  550  forth in this section or s. 985.26.
  551         Section 15. For the purpose of incorporating the amendment
  552  made by this act to section 985.255, Florida Statutes, in a
  553  reference thereto, subsection (1) of section 985.275, Florida
  554  Statutes, is reenacted to read:
  555         985.275 Detention of escapee or absconder on authority of
  556  the department.—
  557         (1) If an authorized agent of the department has reasonable
  558  grounds to believe that any delinquent child committed to the
  559  department has escaped from a residential commitment facility or
  560  from being lawfully transported thereto or therefrom, or has
  561  absconded from a nonresidential commitment facility, the agent
  562  shall notify law enforcement and, if the offense would require
  563  notification under chapter 960, notify the victim. The agent
  564  shall make every reasonable effort as permitted within existing
  565  resources provided to the department to locate the delinquent
  566  child, and the child may be returned to the facility or, if it
  567  is closer, to a detention center for return to the facility.
  568  However, a child may not be held in detention longer than 24
  569  hours, excluding Saturdays, Sundays, and legal holidays, unless
  570  a special order so directing is made by the judge after a
  571  detention hearing resulting in a finding that detention is
  572  required based on the criteria in s. 985.255. The order shall
  573  state the reasons for such finding. The reasons shall be
  574  reviewable by appeal or in habeas corpus proceedings in the
  575  district court of appeal.
  576         Section 16. For the purpose of incorporating the amendment
  577  made by this act to section 985.255, Florida Statutes, in a
  578  reference thereto, subsection (6) of section 985.319, Florida
  579  Statutes, is reenacted to read:
  580         985.319 Process and service.—
  581         (6) If the petition alleges that the child has committed a
  582  delinquent act or violation of law and the judge deems it
  583  advisable to do so, under the criteria of s. 985.255, the judge
  584  may, by endorsement upon the summons and after the entry of an
  585  order in which valid reasons are specified, order the child to
  586  be taken into custody immediately, and in such case the person
  587  serving the summons shall immediately take the child into
  588  custody.
  589         Section 17. For the 2017-2018 fiscal year, the sums of
  590  $2,978,012 in recurring funds and $2,978,012 in nonrecurring
  591  funds from the General Revenue Fund are appropriated to the
  592  Department of Juvenile Justice for the purpose of implementing
  593  this act.
  594         Section 18. This act shall take effect October 1, 2017.