2018 Legislature                   CS for SB 1552, 1st Engrossed
    2         An act relating to juvenile justice; amending s.
    3         320.08058, F.S.; allowing the Department of Highway
    4         Safety and Motor Vehicles to distribute proceeds from
    5         the Invest in Children license plate annual use fee on
    6         a statewide basis; amending s. 985.03, F.S.; replacing
    7         the term “nonsecure detention” with the term
    8         “supervised release detention”; defining the term
    9         “supervised release detention”; amending ss. 985.037,
   10         985.039, and 985.101, F.S.; conforming provisions to
   11         changes made by the act; amending s. 985.24, F.S.;
   12         deleting provisions authorizing the Department of
   13         Juvenile Justice to develop evening reporting centers;
   14         conforming provisions to changes made by the act;
   15         amending s. 985.245, F.S.; revising risk assessment
   16         instrument considerations; conforming provisions to
   17         changes made by the act; amending s. 985.25, F.S.;
   18         deleting a provision requiring mandatory detention for
   19         children taken into custody on three or more separate
   20         occasions within a 60-day period; amending s. 985.255,
   21         F.S.; revising the circumstances under which a
   22         continued detention status may be ordered; amending s.
   23         985.26, F.S.; requiring the department to hold a
   24         prolific juvenile offender in secure detention pending
   25         a detention hearing following a violation of nonsecure
   26         detention; amending s. 985.26, F.S.; revising the
   27         definition of the term “disposition”; conforming
   28         provisions to changes made by the act; amending ss.
   29         985.265 and 985.35, F.S.; conforming provisions to
   30         changes made by the act; amending s. 985.439, F.S.;
   31         deleting an authorization for placement of a child in
   32         a consequence unit in certain circumstances; allowing
   33         a child who violates conditions of probation to be
   34         detained or released based on the results of the
   35         detention risk assessment instrument; conforming
   36         provisions to changes made by the act; amending s.
   37         985.601, F.S.; conforming provisions to changes made
   38         by the act; amending s. 985.672, F.S.; requiring the
   39         board of directors of the department’s direct-support
   40         organization to be appointed according to the
   41         organization’s bylaws; deleting the scheduled repeal
   42         of provisions governing the direct-support
   43         organization established by the department; providing
   44         effective dates.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Paragraph (b) of subsection (11) of section
   49  320.08058, Florida Statutes, is amended to read:
   50         320.08058 Specialty license plates.—
   52         (b) The proceeds of the Invest in Children license plate
   53  annual use fee must be deposited into the Juvenile Crime
   54  Prevention and Early Intervention Trust Fund within the
   55  Department of Juvenile Justice. Based on the recommendations of
   56  the juvenile justice councils, the department shall use the
   57  proceeds of the fee to fund programs and services that are
   58  designed to prevent juvenile delinquency. The department shall
   59  allocate moneys for programs and services within each county
   60  based on that county’s proportionate share of the license plate
   61  annual use fee collected by the county.
   62         Section 2. Effective July 1, 2019, subsection (18) of
   63  section 985.03, Florida Statutes, is amended to read:
   64         985.03 Definitions.—As used in this chapter, the term:
   65         (18) “Detention care” means the temporary care of a child
   66  in secure or supervised release nonsecure detention, pending a
   67  court adjudication or disposition or execution of a court order.
   68  There are two types of detention care, as follows:
   69         (a) “Secure detention” means temporary custody of the child
   70  while the child is under the physical restriction of a secure
   71  detention center or facility pending adjudication, disposition,
   72  or placement.
   73         (b) “Supervised release Nonsecure detention” means
   74  temporary, nonsecure custody of the child while the child is
   75  released to the custody of the parent, guardian, or custodian in
   76  a physically nonrestrictive environment under the supervision of
   77  the department staff pending adjudication, or disposition,
   78  through programs that or placement. Forms of nonsecure detention
   79  include, but are not limited to, home detention, electronic
   80  monitoring, day reporting centers, evening reporting centers,
   81  and nonsecure shelters. Supervised release Nonsecure detention
   82  may include other requirements imposed by the court.
   83         Section 3. Effective July 1, 2019, subsection (5) of
   84  section 985.037, Florida Statutes, is amended to read:
   85         985.037 Punishment for contempt of court; alternative
   86  sanctions.—
   87         (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
   88  position of alternative sanctions coordinator within each
   89  judicial circuit, pursuant to subsection (3). Each alternative
   90  sanctions coordinator shall serve under the direction of the
   91  chief administrative judge of the juvenile division as directed
   92  by the chief judge of the circuit. The alternative sanctions
   93  coordinator shall act as the liaison between the judiciary,
   94  local department officials, district school board employees, and
   95  local law enforcement agencies. The alternative sanctions
   96  coordinator shall coordinate within the circuit community-based
   97  alternative sanctions, including supervised release nonsecure
   98  detention programs, community service projects, and other
   99  juvenile sanctions, in conjunction with the circuit plan
  100  implemented in accordance with s. 790.22(4)(c).
  101         Section 4. Effective July 1, 2019, paragraph (a) of
  102  subsection (1) of section 985.039, Florida Statutes, is amended
  103  to read:
  104         985.039 Cost of supervision; cost of care.—
  105         (1) Except as provided in subsection (3) or subsection (4):
  106         (a) When any child is placed into supervised release
  107  nonsecure detention, probation, or other supervision status with
  108  the department, or is committed to the minimum-risk
  109  nonresidential restrictiveness level, the court shall order the
  110  parent of such child to pay to the department a fee for the cost
  111  of the supervision of such child in the amount of $1 per day for
  112  each day that the child is in such status.
  113         Section 5. Effective July 1, 2019, paragraph (d) of
  114  subsection (1) of section 985.101, Florida Statutes, is amended
  115  to read:
  116         985.101 Taking a child into custody.—
  117         (1) A child may be taken into custody under the following
  118  circumstances:
  119         (d) By a law enforcement officer who has probable cause to
  120  believe that the child is in violation of the conditions of the
  121  child’s probation, supervised release nonsecure detention,
  122  postcommitment probation, or conditional release supervision;
  123  has absconded from nonresidential commitment; or has escaped
  124  from residential commitment.
  126  Nothing in this subsection shall be construed to allow the
  127  detention of a child who does not meet the detention criteria in
  128  part V.
  129         Section 6. Effective July 1, 2019, subsections (2), (4),
  130  and (5) of section 985.24, Florida Statutes, are amended to
  131  read:
  132         985.24 Use of detention; prohibitions.—
  133         (2) A child alleged to have committed a delinquent act or
  134  violation of law may not be placed into secure or supervised
  135  release nonsecure detention care for any of the following
  136  reasons:
  137         (a) To allow a parent to avoid his or her legal
  138  responsibility.
  139         (b) To permit more convenient administrative access to the
  140  child.
  141         (c) To facilitate further interrogation or investigation.
  142         (d) Due to a lack of more appropriate facilities.
  143         (4)The department may, within its existing resources,
  144  develop nonsecure, nonresidential evening reporting centers as
  145  an alternative to placing a child in secure detention. Evening
  146  reporting centers may be collocated with a juvenile assessment
  147  center. If established, evening reporting centers shall serve
  148  children and families who are awaiting a child’s court hearing
  149  and, at a minimum, operate during the afternoon and evening
  150  hours to provide a highly structured program of supervision.
  151  Evening reporting centers may also provide academic tutoring,
  152  counseling, family engagement programs, and other activities.
  153         (4)(5) The department shall continue to identify and
  154  develop supervised release detention options alternatives to
  155  secure detention care and shall develop such alternatives and
  156  annually submit them to the Legislature for authorization and
  157  appropriation.
  158         Section 7. Effective July 1, 2019, paragraph (b) of
  159  subsection (2) and subsection (4) of section 985.245, Florida
  160  Statutes, are amended to read:
  161         985.245 Risk assessment instrument.—
  162         (2)
  163         (b) The risk assessment instrument shall take into
  164  consideration, but need not be limited to, pending felony and
  165  misdemeanor offenses, offenses committed pending adjudication,
  166  prior offenses, unlawful possession of a firearm, prior history
  167  of failure to appear, violations of supervision prior offenses,
  168  offenses committed pending adjudication, any unlawful possession
  169  of a firearm, theft of a motor vehicle or possession of a stolen
  170  motor vehicle, and supervision probation status at the time the
  171  child is taken into custody. The risk assessment instrument
  172  shall also take into consideration all statutory mandates for
  173  detention care appropriate aggravating and mitigating
  174  circumstances, and shall be designed to target a narrower
  175  population of children than s. 985.255. The risk assessment
  176  instrument shall also include any information concerning the
  177  child’s history of abuse and neglect. The risk assessment shall
  178  indicate whether detention care is warranted, and, if detention
  179  care is warranted, whether the child should be placed into
  180  secure or supervised release nonsecure detention care.
  181         (4) For a child who is under the supervision of the
  182  department through probation, supervised release nonsecure
  183  detention, conditional release, postcommitment probation, or
  184  commitment and who is charged with committing a new offense, the
  185  risk assessment instrument may be completed and scored based on
  186  the underlying charge for which the child was placed under the
  187  supervision of the department and the new offense.
  188         Section 8. Effective July 1, 2019, paragraph (b) of
  189  subsection (1) of section 985.25, Florida Statutes, is amended
  190  to read:
  191         985.25 Detention intake.—
  192         (1) The department shall receive custody of a child who has
  193  been taken into custody from the law enforcement agency or court
  194  and shall review the facts in the law enforcement report or
  195  probable cause affidavit and make such further inquiry as may be
  196  necessary to determine whether detention care is appropriate.
  197         (b) The department shall base the decision whether to place
  198  the child into detention care on an assessment of risk in
  199  accordance with the risk assessment instrument and procedures
  200  developed by the department under s. 985.245, except that a
  201  child shall be placed in secure detention care until the child’s
  202  detention hearing if the child meets the criteria specified in
  203  s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
  204  discharging a firearm on school property in violation of s.
  205  790.115, or has been taken into custody on three or more
  206  separate occasions within a 60-day period.
  208  Under no circumstances shall the department or the state
  209  attorney or law enforcement officer authorize the detention of
  210  any child in a jail or other facility intended or used for the
  211  detention of adults, without an order of the court.
  212         Section 9. Effective July 1, 2019, subsection (1) and
  213  paragraph (a) of subsection (3) of section 985.255, Florida
  214  Statutes, are amended to read:
  215         985.255 Detention criteria; detention hearing.—
  216         (1) Subject to s. 985.25(1), a child taken into custody and
  217  placed into detention care shall be given a hearing within 24
  218  hours after being taken into custody. At the hearing, the court
  219  may order a continued detention status if:
  220         (a) The result of the risk assessment instrument pursuant
  221  to s. 985.245 indicates secure or supervised release detention.
  222         (b) The child is alleged to be an escapee from a
  223  residential commitment program; or an absconder from a
  224  nonresidential commitment program, a probation program, or
  225  conditional release supervision; or is alleged to have escaped
  226  while being lawfully transported to or from a residential
  227  commitment program.
  228         (c)(b) The child is wanted in another jurisdiction for an
  229  offense which, if committed by an adult, would be a felony.
  230         (d)(c) The child is charged with a delinquent act or
  231  violation of law and requests in writing through legal counsel
  232  to be detained for protection from an imminent physical threat
  233  to his or her personal safety.
  234         (d)The child is charged with committing an offense of
  235  domestic violence as defined in s. 741.28 and is detained as
  236  provided in subsection (2).
  237         (e)The child is charged with possession of or discharging
  238  a firearm on school property in violation of s. 790.115 or the
  239  illegal possession of a firearm.
  240         (f)The child is charged with a capital felony, a life
  241  felony, a felony of the first degree, a felony of the second
  242  degree that does not involve a violation of chapter 893, or a
  243  felony of the third degree that is also a crime of violence,
  244  including any such offense involving the use or possession of a
  245  firearm.
  246         (g)The child is charged with any second degree or third
  247  degree felony involving a violation of chapter 893 or any third
  248  degree felony that is not also a crime of violence, and the
  249  child:
  250         1.Has a record of failure to appear at court hearings
  251  after being properly notified in accordance with the Rules of
  252  Juvenile Procedure;
  253         2.Has a record of law violations prior to court hearings;
  254         3.Has already been detained or has been released and is
  255  awaiting final disposition of the case;
  256         4.Has a record of violent conduct resulting in physical
  257  injury to others; or
  258         5.Is found to have been in possession of a firearm.
  259         (h)The child is alleged to have violated the conditions of
  260  the child’s probation or conditional release supervision.
  261  However, a child detained under this paragraph may be held only
  262  in a consequence unit as provided in s. 985.439. If a
  263  consequence unit is not available, the child shall be placed on
  264  nonsecure detention with electronic monitoring.
  265         (e)(i) The child is detained on a judicial order for
  266  failure to appear and has previously willfully failed to appear,
  267  after proper notice:
  268         1. For an adjudicatory hearing on the same case regardless
  269  of the results of the risk assessment instrument; or
  270         2. At two or more court hearings of any nature on the same
  271  case regardless of the results of the risk assessment
  272  instrument.
  274  A child may be held in secure detention for up to 72 hours in
  275  advance of the next scheduled court hearing pursuant to this
  276  paragraph. The child’s failure to keep the clerk of court and
  277  defense counsel informed of a current and valid mailing address
  278  where the child will receive notice to appear at court
  279  proceedings does not provide an adequate ground for excusal of
  280  the child’s nonappearance at the hearings.
  281         (f)(j) The child is a prolific juvenile offender. A child
  282  is a prolific juvenile offender if the child:
  283         1. Is charged with a delinquent act that would be a felony
  284  if committed by an adult;
  285         2. Has been adjudicated or had adjudication withheld for a
  286  felony offense, or delinquent act that would be a felony if
  287  committed by an adult, before the charge under subparagraph 1.;
  288  and
  289         3. In addition to meeting the requirements of subparagraphs
  290  1. and 2., has five or more of any of the following, at least
  291  three of which must have been for felony offenses or delinquent
  292  acts that would have been felonies if committed by an adult:
  293         a. An arrest event for which a disposition, as defined in
  294  s. 985.26, has not been entered;
  295         b. An adjudication; or
  296         c. An adjudication withheld.
  298  As used in this subparagraph, the term “arrest event” means an
  299  arrest or referral for one or more criminal offenses or
  300  delinquent acts arising out of the same episode, act, or
  301  transaction.
  302         (3)(a) The purpose of the detention hearing required under
  303  subsection (1) is to determine the existence of probable cause
  304  that the child has committed the delinquent act or violation of
  305  law that he or she is charged with and the need for continued
  306  detention. Unless a child is detained under paragraph (1)(d) or
  307  paragraph (1)(e), The court shall use the results of the risk
  308  assessment performed by the department and, based on the
  309  criteria in subsection (1), shall determine the need for
  310  continued detention. If the child is a prolific juvenile
  311  offender who is detained under s. 985.26(2)(c), the court shall
  312  use the results of the risk assessment performed by the
  313  department and the criteria in subsection (1) or subsection (2)
  314  only to determine whether the prolific juvenile offender should
  315  be held in secure detention.
  316         Section 10. Paragraph (d) is added to subsection (2) of
  317  section 985.26, Florida Statutes, to read:
  318         985.26 Length of detention.—
  319         (2)
  320         (d)A prolific juvenile offender under s. 985.255(1)(j) who
  321  is taken into custody for a violation of the conditions of his
  322  or her nonsecure detention must be held in secure detention
  323  until a detention hearing is held.
  324         Section 11. Effective July 1, 2019, paragraphs (c) and (d)
  325  of subsection (2) and paragraph (b) of subsection (4) of section
  326  985.26, Florida Statutes, as amended by this act, are amended to
  327  read:
  328         985.26 Length of detention.—
  329         (2)
  330         (c) A prolific juvenile offender under s. 985.255(1)(f)
  331  985.255(1)(j) shall be placed on supervised release nonsecure
  332  detention care with electronic monitoring or in secure detention
  333  care under a special detention order until disposition. If
  334  secure detention care is ordered by the court, it must be
  335  authorized under this part and may not exceed:
  336         1. Twenty-one days unless an adjudicatory hearing for the
  337  case has been commenced in good faith by the court or the period
  338  is extended by the court pursuant to paragraph (b); or
  339         2. Fifteen days after the entry of an order of
  340  adjudication.
  342  As used in this paragraph, the term “disposition” means a
  343  declination to file under s. 985.15(1)(h), the entry of nolle
  344  prosequi for the charges, the filing of an indictment under s.
  345  985.56 or an information under s. 985.557, a dismissal of the
  346  case, or an order of final disposition by the court.
  347         (d) A prolific juvenile offender under s. 985.255(1)(f)
  348  985.255(1)(j) who is taken into custody for a violation of the
  349  conditions of his or her supervised release nonsecure detention
  350  must be held in secure detention until a detention hearing is
  351  held.
  352         (4)
  353         (b) The period for supervised release nonsecure detention
  354  care under this section is tolled on the date that the
  355  department or a law enforcement officer alleges that the child
  356  has violated a condition of the child’s supervised release
  357  nonsecure detention care until the court enters a ruling on the
  358  violation. Notwithstanding the tolling of supervised release
  359  nonsecure detention care, the court retains jurisdiction over
  360  the child for a violation of a condition of supervised release
  361  nonsecure detention care during the tolling period. If the court
  362  finds that a child has violated his or her supervised release
  363  nonsecure detention care, the number of days that the child
  364  served in any type of detention care before commission of the
  365  violation shall be excluded from the time limits under
  366  subsections (2) and (3).
  367         Section 12. Effective July 1, 2019, subsection (1),
  368  paragraph (b) of subsection (3), and paragraph (a) of subsection
  369  (4) of section 985.265, Florida Statutes, are amended to read:
  370         985.265 Detention transfer and release; education; adult
  371  jails.—
  372         (1) If a child is detained under this part, the department
  373  may transfer the child from supervised release nonsecure
  374  detention care to secure detention care only if significantly
  375  changed circumstances warrant such transfer.
  376         (3)
  377         (b) When a juvenile is released from secure detention or
  378  transferred to supervised release nonsecure detention, detention
  379  staff shall immediately notify the appropriate law enforcement
  380  agency, school personnel, and victim if the juvenile is charged
  381  with committing any of the following offenses or attempting to
  382  commit any of the following offenses:
  383         1. Murder, under s. 782.04;
  384         2. Sexual battery, under chapter 794;
  385         3. Stalking, under s. 784.048; or
  386         4. Domestic violence, as defined in s. 741.28.
  387         (4)(a) While a child who is currently enrolled in school is
  388  in supervised release nonsecure detention care, the child shall
  389  continue to attend school unless otherwise ordered by the court.
  390         Section 13. Effective July 1, 2019, paragraph (b) of
  391  subsection (1) of section 985.35, Florida Statutes, is amended
  392  to read:
  393         985.35 Adjudicatory hearings; withheld adjudications;
  394  orders of adjudication.—
  395         (1)
  396         (b) If the child is a prolific juvenile offender under s.
  397  985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
  398  held within 45 days after the child is taken into custody unless
  399  a delay is requested by the child.
  400         Section 14. Effective July 1, 2019, subsections (2) and (4)
  401  of section 985.439, Florida Statutes, are amended to read:
  402         985.439 Violation of probation or postcommitment
  403  probation.—
  404         (2) A child taken into custody under s. 985.101 for
  405  violating the conditions of probation shall be screened and
  406  detained or released based on his or her risk assessment
  407  instrument score or postcommitment probation shall be held in a
  408  consequence unit if such a unit is available. The child shall be
  409  afforded a hearing within 24 hours after being taken into
  410  custody to determine the existence of probable cause that the
  411  child violated the conditions of probation or postcommitment
  412  probation. A consequence unit is a secure facility specifically
  413  designated by the department for children who are taken into
  414  custody under s. 985.101 for violating probation or
  415  postcommitment probation, or who have been found by the court to
  416  have violated the conditions of probation or postcommitment
  417  probation. If the violation involves a new charge of
  418  delinquency, the child may be detained under part V in a
  419  facility other than a consequence unit. If the child is not
  420  eligible for detention for the new charge of delinquency, the
  421  child may be held in the consequence unit pending a hearing and
  422  is subject to the time limitations specified in part V.
  423         (4) Upon the child’s admission, or if the court finds after
  424  a hearing that the child has violated the conditions of
  425  probation or postcommitment probation, the court shall enter an
  426  order revoking, modifying, or continuing probation or
  427  postcommitment probation. In each such case, the court shall
  428  enter a new disposition order and, in addition to the sanctions
  429  set forth in this section, may impose any sanction the court
  430  could have imposed at the original disposition hearing. If the
  431  child is found to have violated the conditions of probation or
  432  postcommitment probation, the court may:
  433         (a)Place the child in a consequence unit in that judicial
  434  circuit, if available, for up to 5 days for a first violation
  435  and up to 15 days for a second or subsequent violation.
  436         (a)(b) Place the child in supervised release nonsecure
  437  detention with electronic monitoring. However, this sanction may
  438  be used only if a residential consequence unit is not available.
  439         (b)(c) If the violation of probation is technical in nature
  440  and not a new violation of law, place the child in an
  441  alternative consequence program designed to provide swift and
  442  appropriate consequences to any further violations of probation.
  443         1. Alternative consequence programs shall be established,
  444  within existing resources, at the local level in coordination
  445  with law enforcement agencies, the chief judge of the circuit,
  446  the state attorney, and the public defender.
  447         2. Alternative consequence programs may be operated by an
  448  entity such as a law enforcement agency, the department, a
  449  juvenile assessment center, a county or municipality, or another
  450  entity selected by the department.
  451         3. Upon placing a child in an alternative consequence
  452  program, the court must approve specific consequences for
  453  specific violations of the conditions of probation.
  454         (c)(d) Modify or continue the child’s probation program or
  455  postcommitment probation program.
  456         (d)(e) Revoke probation or postcommitment probation and
  457  commit the child to the department.
  458         Section 15. Effective July 1, 2019, paragraph (a) of
  459  subsection (9) of section 985.601, Florida Statutes, is amended
  460  to read:
  461         985.601 Administering the juvenile justice continuum.—
  462         (9)(a) The department shall operate a statewide, regionally
  463  administered system of detention services for children, in
  464  accordance with a comprehensive plan for the regional
  465  administration of all detention services in the state. The plan
  466  must provide for the maintenance of adequate availability of
  467  detention services for all counties. The plan must cover all the
  468  department’s operating circuits, with each operating circuit
  469  having access to a secure facility and supervised release
  470  nonsecure detention programs, and the plan may be altered or
  471  modified by the Department of Juvenile Justice as necessary.
  472         Section 16. Subsections (3) and (7) of section 985.672,
  473  Florida Statutes, are amended to read:
  474         985.672 Direct-support organization; definition; use of
  475  property; board of directors; audit.—
  476         (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
  477  shall appoint a board of directors of the direct-support
  478  organization. The board members shall be appointed according to
  479  the organization’s bylaws Members of the organization must
  480  include representatives from businesses, representatives from
  481  each of the juvenile justice service districts, and one
  482  representative appointed at large.
  483         (7)REPEAL.—This section is repealed October 1, 2018,
  484  unless reviewed and saved from repeal by the Legislature.
  485         Section 17. Except as otherwise expressly provided in this
  486  act, this act shall take effect July 1, 2018.