Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1552
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Criminal and Civil Justice
       (Bracy) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (11) of section
    6  320.08058, Florida Statutes, is amended to read:
    7         320.08058 Specialty license plates.—
    9         (b) The proceeds of the Invest in Children license plate
   10  annual use fee must be deposited into the Juvenile Crime
   11  Prevention and Early Intervention Trust Fund within the
   12  Department of Juvenile Justice. Based on the recommendations of
   13  the juvenile justice councils, the department shall use the
   14  proceeds of the fee to fund programs and services that are
   15  designed to prevent juvenile delinquency. The department shall
   16  allocate moneys for programs and services within each county
   17  based on that county’s proportionate share of the license plate
   18  annual use fee collected by the county.
   19         Section 2. Effective July 1, 2019, subsection (18) of
   20  section 985.03, Florida Statutes, is amended to read:
   21         985.03 Definitions.—As used in this chapter, the term:
   22         (18) “Detention care” means the temporary care of a child
   23  in secure or supervised release nonsecure detention, pending a
   24  court adjudication or disposition or execution of a court order.
   25  There are two types of detention care, as follows:
   26         (a) “Secure detention” means temporary custody of the child
   27  while the child is under the physical restriction of a secure
   28  detention center or facility pending adjudication, disposition,
   29  or placement.
   30         (b) “Supervised release Nonsecure detention” means
   31  temporary, nonsecure custody of the child while the child is
   32  released to the custody of the parent, guardian, or custodian in
   33  a physically nonrestrictive environment under the supervision of
   34  the department staff pending adjudication, or disposition,
   35  through programs that or placement. Forms of nonsecure detention
   36  include, but are not limited to, home detention, electronic
   37  monitoring, day reporting centers, evening reporting centers,
   38  and nonsecure shelters. Supervised release Nonsecure detention
   39  may include other requirements imposed by the court.
   40         Section 3. Effective July 1, 2019, subsection (5) of
   41  section 985.037, Florida Statutes, is amended to read:
   42         985.037 Punishment for contempt of court; alternative
   43  sanctions.—
   44         (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
   45  position of alternative sanctions coordinator within each
   46  judicial circuit, pursuant to subsection (3). Each alternative
   47  sanctions coordinator shall serve under the direction of the
   48  chief administrative judge of the juvenile division as directed
   49  by the chief judge of the circuit. The alternative sanctions
   50  coordinator shall act as the liaison between the judiciary,
   51  local department officials, district school board employees, and
   52  local law enforcement agencies. The alternative sanctions
   53  coordinator shall coordinate within the circuit community-based
   54  alternative sanctions, including supervised release nonsecure
   55  detention programs, community service projects, and other
   56  juvenile sanctions, in conjunction with the circuit plan
   57  implemented in accordance with s. 790.22(4)(c).
   58         Section 4. Effective July 1, 2019, paragraph (a) of
   59  subsection (1) of section 985.039, Florida Statutes, is amended
   60  to read:
   61         985.039 Cost of supervision; cost of care.—
   62         (1) Except as provided in subsection (3) or subsection (4):
   63         (a) When any child is placed into supervised release
   64  nonsecure detention, probation, or other supervision status with
   65  the department, or is committed to the minimum-risk
   66  nonresidential restrictiveness level, the court shall order the
   67  parent of such child to pay to the department a fee for the cost
   68  of the supervision of such child in the amount of $1 per day for
   69  each day that the child is in such status.
   70         Section 5. Effective July 1, 2019, paragraph (d) of
   71  subsection (1) of section 985.101, Florida Statutes, is amended
   72  to read:
   73         985.101 Taking a child into custody.—
   74         (1) A child may be taken into custody under the following
   75  circumstances:
   76         (d) By a law enforcement officer who has probable cause to
   77  believe that the child is in violation of the conditions of the
   78  child’s probation, supervised release nonsecure detention,
   79  postcommitment probation, or conditional release supervision;
   80  has absconded from nonresidential commitment; or has escaped
   81  from residential commitment.
   83  Nothing in this subsection shall be construed to allow the
   84  detention of a child who does not meet the detention criteria in
   85  part V.
   86         Section 6. Effective July 1, 2019, subsections (2), (4),
   87  and (5) of section 985.24, Florida Statutes, are amended to
   88  read:
   89         985.24 Use of detention; prohibitions.—
   90         (2) A child alleged to have committed a delinquent act or
   91  violation of law may not be placed into secure or supervised
   92  release nonsecure detention care for any of the following
   93  reasons:
   94         (a) To allow a parent to avoid his or her legal
   95  responsibility.
   96         (b) To permit more convenient administrative access to the
   97  child.
   98         (c) To facilitate further interrogation or investigation.
   99         (d) Due to a lack of more appropriate facilities.
  100         (4)The department may, within its existing resources,
  101  develop nonsecure, nonresidential evening reporting centers as
  102  an alternative to placing a child in secure detention. Evening
  103  reporting centers may be collocated with a juvenile assessment
  104  center. If established, evening reporting centers shall serve
  105  children and families who are awaiting a child’s court hearing
  106  and, at a minimum, operate during the afternoon and evening
  107  hours to provide a highly structured program of supervision.
  108  Evening reporting centers may also provide academic tutoring,
  109  counseling, family engagement programs, and other activities.
  110         (4)(5) The department shall continue to identify and
  111  develop supervised release detention options alternatives to
  112  secure detention care and shall develop such alternatives and
  113  annually submit them to the Legislature for authorization and
  114  appropriation.
  115         Section 7. Effective July 1, 2019, paragraph (b) of
  116  subsection (2) and subsection (4) of section 985.245, Florida
  117  Statutes, are amended to read:
  118         985.245 Risk assessment instrument.—
  119         (2)
  120         (b) The risk assessment instrument shall take into
  121  consideration, but need not be limited to, pending felony and
  122  misdemeanor offenses, offenses committed pending adjudication,
  123  prior offenses, unlawful possession of a firearm, prior history
  124  of failure to appear, violations of supervision prior offenses,
  125  offenses committed pending adjudication, any unlawful possession
  126  of a firearm, theft of a motor vehicle or possession of a stolen
  127  motor vehicle, and supervision probation status at the time the
  128  child is taken into custody. The risk assessment instrument
  129  shall also take into consideration all statutory mandates for
  130  detention care appropriate aggravating and mitigating
  131  circumstances, and shall be designed to target a narrower
  132  population of children than s. 985.255. The risk assessment
  133  instrument shall also include any information concerning the
  134  child’s history of abuse and neglect. The risk assessment shall
  135  indicate whether detention care is warranted, and, if detention
  136  care is warranted, whether the child should be placed into
  137  secure or supervised release nonsecure detention care.
  138         (4) For a child who is under the supervision of the
  139  department through probation, supervised release nonsecure
  140  detention, conditional release, postcommitment probation, or
  141  commitment and who is charged with committing a new offense, the
  142  risk assessment instrument may be completed and scored based on
  143  the underlying charge for which the child was placed under the
  144  supervision of the department and the new offense.
  145         Section 8. Effective July 1, 2019, paragraph (b) of
  146  subsection (1) of section 985.25, Florida Statutes, is amended
  147  to read:
  148         985.25 Detention intake.—
  149         (1) The department shall receive custody of a child who has
  150  been taken into custody from the law enforcement agency or court
  151  and shall review the facts in the law enforcement report or
  152  probable cause affidavit and make such further inquiry as may be
  153  necessary to determine whether detention care is appropriate.
  154         (b) The department shall base the decision whether to place
  155  the child into detention care on an assessment of risk in
  156  accordance with the risk assessment instrument and procedures
  157  developed by the department under s. 985.245, except that a
  158  child shall be placed in secure detention care until the child’s
  159  detention hearing if the child meets the criteria specified in
  160  s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
  161  discharging a firearm on school property in violation of s.
  162  790.115, or has been taken into custody on three or more
  163  separate occasions within a 60-day period.
  165  Under no circumstances shall the department or the state
  166  attorney or law enforcement officer authorize the detention of
  167  any child in a jail or other facility intended or used for the
  168  detention of adults, without an order of the court.
  169         Section 9. Effective July 1, 2019, subsection (1) and
  170  paragraph (a) of subsection (3) of section 985.255, Florida
  171  Statutes, are amended to read:
  172         985.255 Detention criteria; detention hearing.—
  173         (1) Subject to s. 985.25(1), a child taken into custody and
  174  placed into detention care shall be given a hearing within 24
  175  hours after being taken into custody. At the hearing, the court
  176  may order a continued detention status if:
  177         (a) The result of the risk assessment instrument pursuant
  178  to s. 985.245 indicates secure or supervised release detention.
  179         (b) The child is alleged to be an escapee from a
  180  residential commitment program; or an absconder from a
  181  nonresidential commitment program, a probation program, or
  182  conditional release supervision; or is alleged to have escaped
  183  while being lawfully transported to or from a residential
  184  commitment program.
  185         (c)(b) The child is wanted in another jurisdiction for an
  186  offense which, if committed by an adult, would be a felony.
  187         (d)(c) The child is charged with a delinquent act or
  188  violation of law and requests in writing through legal counsel
  189  to be detained for protection from an imminent physical threat
  190  to his or her personal safety.
  191         (d)The child is charged with committing an offense of
  192  domestic violence as defined in s. 741.28 and is detained as
  193  provided in subsection (2).
  194         (e)The child is charged with possession of or discharging
  195  a firearm on school property in violation of s. 790.115 or the
  196  illegal possession of a firearm.
  197         (f)The child is charged with a capital felony, a life
  198  felony, a felony of the first degree, a felony of the second
  199  degree that does not involve a violation of chapter 893, or a
  200  felony of the third degree that is also a crime of violence,
  201  including any such offense involving the use or possession of a
  202  firearm.
  203         (g)The child is charged with any second degree or third
  204  degree felony involving a violation of chapter 893 or any third
  205  degree felony that is not also a crime of violence, and the
  206  child:
  207         1.Has a record of failure to appear at court hearings
  208  after being properly notified in accordance with the Rules of
  209  Juvenile Procedure;
  210         2.Has a record of law violations prior to court hearings;
  211         3.Has already been detained or has been released and is
  212  awaiting final disposition of the case;
  213         4.Has a record of violent conduct resulting in physical
  214  injury to others; or
  215         5.Is found to have been in possession of a firearm.
  216         (h)The child is alleged to have violated the conditions of
  217  the child’s probation or conditional release supervision.
  218  However, a child detained under this paragraph may be held only
  219  in a consequence unit as provided in s. 985.439. If a
  220  consequence unit is not available, the child shall be placed on
  221  nonsecure detention with electronic monitoring.
  222         (e)(i) The child is detained on a judicial order for
  223  failure to appear and has previously willfully failed to appear,
  224  after proper notice:
  225         1. For an adjudicatory hearing on the same case regardless
  226  of the results of the risk assessment instrument; or
  227         2. At two or more court hearings of any nature on the same
  228  case regardless of the results of the risk assessment
  229  instrument.
  231  A child may be held in secure detention for up to 72 hours in
  232  advance of the next scheduled court hearing pursuant to this
  233  paragraph. The child’s failure to keep the clerk of court and
  234  defense counsel informed of a current and valid mailing address
  235  where the child will receive notice to appear at court
  236  proceedings does not provide an adequate ground for excusal of
  237  the child’s nonappearance at the hearings.
  238         (f)(j) The child is a prolific juvenile offender. A child
  239  is a prolific juvenile offender if the child:
  240         1. Is charged with a delinquent act that would be a felony
  241  if committed by an adult;
  242         2. Has been adjudicated or had adjudication withheld for a
  243  felony offense, or delinquent act that would be a felony if
  244  committed by an adult, before the charge under subparagraph 1.;
  245  and
  246         3. In addition to meeting the requirements of subparagraphs
  247  1. and 2., has five or more of any of the following, at least
  248  three of which must have been for felony offenses or delinquent
  249  acts that would have been felonies if committed by an adult:
  250         a. An arrest event for which a disposition, as defined in
  251  s. 985.26, has not been entered;
  252         b. An adjudication; or
  253         c. An adjudication withheld.
  255  As used in this subparagraph, the term “arrest event” means an
  256  arrest or referral for one or more criminal offenses or
  257  delinquent acts arising out of the same episode, act, or
  258  transaction.
  259         (3)(a) The purpose of the detention hearing required under
  260  subsection (1) is to determine the existence of probable cause
  261  that the child has committed the delinquent act or violation of
  262  law that he or she is charged with and the need for continued
  263  detention. Unless a child is detained under paragraph (1)(d) or
  264  paragraph (1)(e), The court shall use the results of the risk
  265  assessment performed by the department and, based on the
  266  criteria in subsection (1), shall determine the need for
  267  continued detention. If the child is a prolific juvenile
  268  offender who is detained under s. 985.26(2)(c), the court shall
  269  use the results of the risk assessment performed by the
  270  department and the criteria in subsection (1) or subsection (2)
  271  only to determine whether the prolific juvenile offender should
  272  be held in secure detention.
  273         Section 10. Paragraph (d) is added to subsection (2) of
  274  section 985.26, Florida Statutes, to read:
  275         985.26 Length of detention.—
  276         (2)
  277         (d)A prolific juvenile offender under s. 985.255(1)(j) who
  278  is taken into custody for a violation of the conditions of his
  279  or her nonsecure detention must be held in secure detention
  280  until a detention hearing is held.
  281         Section 11. Effective July 1, 2019, paragraphs (c) and (d)
  282  of subsection (2) and paragraph (b) of subsection (4) of section
  283  985.26, Florida Statutes, as amended by this act, are amended to
  284  read:
  285         985.26 Length of detention.—
  286         (2)
  287         (c) A prolific juvenile offender under s. 985.255(1)(f)
  288  985.255(1)(j) shall be placed on supervised release nonsecure
  289  detention care with electronic monitoring or in secure detention
  290  care under a special detention order until disposition. If
  291  secure detention care is ordered by the court, it must be
  292  authorized under this part and may not exceed:
  293         1. Twenty-one days unless an adjudicatory hearing for the
  294  case has been commenced in good faith by the court or the period
  295  is extended by the court pursuant to paragraph (b); or
  296         2. Fifteen days after the entry of an order of
  297  adjudication.
  299  As used in this paragraph, the term “disposition” means a
  300  declination to file under s. 985.15(1)(h), the entry of nolle
  301  prosequi for the charges, the filing of an indictment under s.
  302  985.56 or an information under s. 985.557, a dismissal of the
  303  case, or an order of final disposition by the court.
  304         (d) A prolific juvenile offender under s. 985.255(1)(f)
  305  985.255(1)(j) who is taken into custody for a violation of the
  306  conditions of his or her supervised release nonsecure detention
  307  must be held in secure detention until a detention hearing is
  308  held.
  309         (4)
  310         (b) The period for supervised release nonsecure detention
  311  care under this section is tolled on the date that the
  312  department or a law enforcement officer alleges that the child
  313  has violated a condition of the child’s supervised release
  314  nonsecure detention care until the court enters a ruling on the
  315  violation. Notwithstanding the tolling of supervised release
  316  nonsecure detention care, the court retains jurisdiction over
  317  the child for a violation of a condition of supervised release
  318  nonsecure detention care during the tolling period. If the court
  319  finds that a child has violated his or her supervised release
  320  nonsecure detention care, the number of days that the child
  321  served in any type of detention care before commission of the
  322  violation shall be excluded from the time limits under
  323  subsections (2) and (3).
  324         Section 12. Effective July 1, 2019, subsection (1),
  325  paragraph (b) of subsection (3), and paragraph (a) of subsection
  326  (4) of section 985.265, Florida Statutes, are amended to read:
  327         985.265 Detention transfer and release; education; adult
  328  jails.—
  329         (1) If a child is detained under this part, the department
  330  may transfer the child from supervised release nonsecure
  331  detention care to secure detention care only if significantly
  332  changed circumstances warrant such transfer.
  333         (3)
  334         (b) When a juvenile is released from secure detention or
  335  transferred to supervised release nonsecure detention, detention
  336  staff shall immediately notify the appropriate law enforcement
  337  agency, school personnel, and victim if the juvenile is charged
  338  with committing any of the following offenses or attempting to
  339  commit any of the following offenses:
  340         1. Murder, under s. 782.04;
  341         2. Sexual battery, under chapter 794;
  342         3. Stalking, under s. 784.048; or
  343         4. Domestic violence, as defined in s. 741.28.
  344         (4)(a) While a child who is currently enrolled in school is
  345  in supervised release nonsecure detention care, the child shall
  346  continue to attend school unless otherwise ordered by the court.
  347         Section 13. Effective July 1, 2019, paragraph (b) of
  348  subsection (1) of section 985.35, Florida Statutes, is amended
  349  to read:
  350         985.35 Adjudicatory hearings; withheld adjudications;
  351  orders of adjudication.—
  352         (1)
  353         (b) If the child is a prolific juvenile offender under s.
  354  985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
  355  held within 45 days after the child is taken into custody unless
  356  a delay is requested by the child.
  357         Section 14. Effective July 1, 2019, subsections (2) and (4)
  358  of section 985.439, Florida Statutes, are amended to read:
  359         985.439 Violation of probation or postcommitment
  360  probation.—
  361         (2) A child taken into custody under s. 985.101 for
  362  violating the conditions of probation shall be screened and
  363  detained or released based on his or her risk assessment
  364  instrument score or postcommitment probation shall be held in a
  365  consequence unit if such a unit is available. The child shall be
  366  afforded a hearing within 24 hours after being taken into
  367  custody to determine the existence of probable cause that the
  368  child violated the conditions of probation or postcommitment
  369  probation. A consequence unit is a secure facility specifically
  370  designated by the department for children who are taken into
  371  custody under s. 985.101 for violating probation or
  372  postcommitment probation, or who have been found by the court to
  373  have violated the conditions of probation or postcommitment
  374  probation. If the violation involves a new charge of
  375  delinquency, the child may be detained under part V in a
  376  facility other than a consequence unit. If the child is not
  377  eligible for detention for the new charge of delinquency, the
  378  child may be held in the consequence unit pending a hearing and
  379  is subject to the time limitations specified in part V.
  380         (4) Upon the child’s admission, or if the court finds after
  381  a hearing that the child has violated the conditions of
  382  probation or postcommitment probation, the court shall enter an
  383  order revoking, modifying, or continuing probation or
  384  postcommitment probation. In each such case, the court shall
  385  enter a new disposition order and, in addition to the sanctions
  386  set forth in this section, may impose any sanction the court
  387  could have imposed at the original disposition hearing. If the
  388  child is found to have violated the conditions of probation or
  389  postcommitment probation, the court may:
  390         (a)Place the child in a consequence unit in that judicial
  391  circuit, if available, for up to 5 days for a first violation
  392  and up to 15 days for a second or subsequent violation.
  393         (a)(b) Place the child in supervised release nonsecure
  394  detention with electronic monitoring. However, this sanction may
  395  be used only if a residential consequence unit is not available.
  396         (b)(c) If the violation of probation is technical in nature
  397  and not a new violation of law, place the child in an
  398  alternative consequence program designed to provide swift and
  399  appropriate consequences to any further violations of probation.
  400         1. Alternative consequence programs shall be established,
  401  within existing resources, at the local level in coordination
  402  with law enforcement agencies, the chief judge of the circuit,
  403  the state attorney, and the public defender.
  404         2. Alternative consequence programs may be operated by an
  405  entity such as a law enforcement agency, the department, a
  406  juvenile assessment center, a county or municipality, or another
  407  entity selected by the department.
  408         3. Upon placing a child in an alternative consequence
  409  program, the court must approve specific consequences for
  410  specific violations of the conditions of probation.
  411         (c)(d) Modify or continue the child’s probation program or
  412  postcommitment probation program.
  413         (d)(e) Revoke probation or postcommitment probation and
  414  commit the child to the department.
  415         Section 15. Effective July 1, 2019, paragraph (a) of
  416  subsection (9) of section 985.601, Florida Statutes, is amended
  417  to read:
  418         985.601 Administering the juvenile justice continuum.—
  419         (9)(a) The department shall operate a statewide, regionally
  420  administered system of detention services for children, in
  421  accordance with a comprehensive plan for the regional
  422  administration of all detention services in the state. The plan
  423  must provide for the maintenance of adequate availability of
  424  detention services for all counties. The plan must cover all the
  425  department’s operating circuits, with each operating circuit
  426  having access to a secure facility and supervised release
  427  nonsecure detention programs, and the plan may be altered or
  428  modified by the Department of Juvenile Justice as necessary.
  429         Section 16. Subsections (3) and (7) of section 985.672,
  430  Florida Statutes, are amended to read:
  431         985.672 Direct-support organization; definition; use of
  432  property; board of directors; audit.—
  433         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
  434  shall appoint a board of directors of the direct-support
  435  organization. The board members shall be appointed according to
  436  the organization’s bylaws Members of the organization must
  437  include representatives from businesses, representatives from
  438  each of the juvenile justice service districts, and one
  439  representative appointed at large.
  440         (7)REPEAL.—This section is repealed October 1, 2018,
  441  unless reviewed and saved from repeal by the Legislature.
  442         Section 17. Except as otherwise expressly provided in this
  443  act, this act shall take effect July 1, 2018.
  445  ================= T I T L E  A M E N D M E N T ================
  446  And the title is amended as follows:
  447         Delete everything before the enacting clause
  448  and insert:
  449                        A bill to be entitled                      
  450         An act relating to juvenile justice; amending s.
  451         320.08058, F.S.; allowing the Department of Highway
  452         Safety and Motor Vehicles to distribute proceeds from
  453         the Invest in Children license plate annual use fee on
  454         a statewide basis; amending s. 985.03, F.S.; replacing
  455         the term “nonsecure detention” with the term
  456         “supervised release”; defining the term “supervised
  457         release detention”; amending ss. 985.037, 985.039, and
  458         985.101, F.S.; conforming provisions to changes made
  459         by the act; amending s. 985.24, F.S.; deleting
  460         provisions authorizing the Department of Juvenile
  461         Justice to develop evening reporting centers;
  462         conforming provisions to changes made by the act;
  463         amending s. 985.245, F.S.; revising risk assessment
  464         instrument considerations; conforming provisions to
  465         changes made by the act; amending s. 985.25, F.S.;
  466         deleting a provision requiring mandatory detention for
  467         children taken into custody on three or more separate
  468         occasions within a 60-day period; amending s. 985.255,
  469         F.S.; revising the circumstances under which a
  470         continued detention status may be ordered; amending s.
  471         985.26, F.S.; requiring the department to hold a
  472         prolific juvenile offender in secure detention pending
  473         a detention hearing following a violation of nonsecure
  474         detention; amending s. 985.26, F.S.; revising the
  475         definition of the term “disposition”; conforming
  476         provisions to changes made by the act; amending ss.
  477         985.265 and 985.35, F.S.; conforming provisions to
  478         changes made by the act; amending s. 985.439, F.S.;
  479         deleting authorization for placement of a child in a
  480         consequence unit in certain circumstances; allowing a
  481         child who violates conditions of probation to be
  482         detained or released based on the results of the
  483         detention risk assessment instrument; conforming
  484         provisions to changes made by the act; amending s.
  485         985.601, F.S.; conforming provisions to changes made
  486         by the act; amending s. 985.672, F.S.; requiring the
  487         board of directors of the department’s direct-support
  488         organization to be appointed according to the
  489         organization’s bylaws; deleting the scheduled repeal
  490         of provisions governing a direct-support organization
  491         established by the department; providing effective
  492         dates.