Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (793174) for CS for SB 642
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2019           .                                

       The Committee on Appropriations (Powell) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 5058 - 5061
    4  and insert:
    5         Section 80. Subsection (5) of section 985.265, Florida
    6  Statutes, is amended to read:
    7         985.265 Detention transfer and release; education; adult
    8  jails.—
    9         (5) The court shall order the delivery of a child to a jail
   10  or other facility intended or used for the detention of adults:
   11         (a) When the child has been transferred or indicted for
   12  criminal prosecution as an adult under part X, except that:
   13         1. The court may not order or allow a child alleged to have
   14  committed a misdemeanor who is being transferred for criminal
   15  prosecution pursuant to either s. 985.556 or s. 985.557 to be
   16  detained or held in a jail or other facility intended or used
   17  for the detention of adults; however, such child may be held
   18  temporarily in a detention facility; or
   19         2. A child who has been transferred for criminal
   20  prosecution as an adult pursuant to s. 985.557 shall not be held
   21  in a jail or other facility intended or used for the detention
   22  of adults prior to a court finding as a result of a hearing
   23  provided for in s. 985.557(2) that the child should be
   24  prosecuted as an adult; or
   25         (b) When a child taken into custody in this state is wanted
   26  by another jurisdiction for prosecution as an adult.
   28  The child shall be housed separately from adult inmates to
   29  prohibit a child from having regular contact with incarcerated
   30  adults, including trusties. “Regular contact” means sight and
   31  sound contact. Separation of children from adults shall permit
   32  no more than haphazard or accidental contact. The receiving jail
   33  or other facility shall contain a separate section for children
   34  and shall have an adequate staff to supervise and monitor the
   35  child’s activities at all times. Supervision and monitoring of
   36  children includes physical observation and documented checks by
   37  jail or receiving facility supervisory personnel at intervals
   38  not to exceed 10 minutes. This subsection does not prohibit
   39  placing two or more children in the same cell. Under no
   40  circumstances shall a child be placed in the same cell with an
   41  adult.
   42         Section 81. For the purpose of incorporating the amendment
   43  made by this act to section 985.557, Florida Statutes, in a
   44  reference thereto, subsection (3) of section 985.556, Florida
   45  Statutes, is reenacted to read:
   46         985.556 Waiver of juvenile court jurisdiction; hearing.—
   48         (a) If the child was 14 years of age or older, and if the
   49  child has been previously adjudicated delinquent for an act
   50  classified as a felony, which adjudication was for the
   51  commission of, attempt to commit, or conspiracy to commit
   52  murder, sexual battery, armed or strong-armed robbery,
   53  carjacking, home-invasion robbery, aggravated battery,
   54  aggravated assault, or burglary with an assault or battery, and
   55  the child is currently charged with a second or subsequent
   56  violent crime against a person; or
   57         (b) If the child was 14 years of age or older at the time
   58  of commission of a fourth or subsequent alleged felony offense
   59  and the child was previously adjudicated delinquent or had
   60  adjudication withheld for or was found to have committed, or to
   61  have attempted or conspired to commit, three offenses that are
   62  felony offenses if committed by an adult, and one or more of
   63  such felony offenses involved the use or possession of a firearm
   64  or violence against a person;
   66  the state attorney shall request the court to transfer and
   67  certify the child for prosecution as an adult or shall provide
   68  written reasons to the court for not making such request, or
   69  proceed under s. 985.557(1). Upon the state attorney’s request,
   70  the court shall either enter an order transferring the case and
   71  certifying the case for trial as if the child were an adult or
   72  provide written reasons for not issuing such an order.
   73         Section 82. Subsection (1) and present subsection (2) of
   74  section 985.557, Florida Statutes, are amended, and a new
   75  subsection (2) is added to that section, to read:
   76         985.557 Direct filing of an information; discretionary and
   77  mandatory criteria.—
   79         (a) With respect to any child who was 14 or 15 years of age
   80  at the time the alleged offense was committed, the state
   81  attorney may file an information when in the state attorney’s
   82  judgment and discretion the public interest requires that adult
   83  sanctions be considered or imposed and when the offense charged
   84  is for the commission of, or attempt to commit any of the
   85  following, or conspiracy to commit:
   86         1. Arson.;
   87         2. Sexual battery.;
   88         3. Robbery.;
   89         4. Kidnapping.;
   90         5. Aggravated child abuse.;
   91         6. Aggravated assault.;
   92         7. Aggravated stalking.;
   93         8. Murder.;
   94         9. Manslaughter.;
   95         10. Unlawful throwing, placing, or discharging of a
   96  destructive device or bomb.;
   97         11. Armed burglary in violation of s. 810.02(2)(b) or
   98  specified burglary of a dwelling or structure in violation of s.
   99  810.02(2)(c), or burglary with an assault or battery in
  100  violation of s. 810.02(2)(a).;
  101         12. Aggravated battery.;
  102         13. Any lewd or lascivious offense committed upon or in the
  103  presence of a person less than 16 years of age;
  104         14. Carrying, displaying, using, threatening, or attempting
  105  to use a weapon or firearm during the commission of a felony.;
  106         15. Grand theft in violation of s. 812.014(2)(a).;
  107         16. Possessing or discharging any weapon or firearm on
  108  school property in violation of s. 790.115.;
  109         17. Home invasion robbery.;
  110         18. Carjacking.; or
  111         19. Grand theft of a motor vehicle in violation of s.
  112  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  113  $20,000 or more in violation of s. 812.014(2)(b) if the child
  114  has a previous adjudication for grand theft of a motor vehicle
  115  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  116         (b) With respect to any child who was 16 or 17 years of age
  117  at the time the alleged offense was committed, the state
  118  attorney may file an information when in the state attorney’s
  119  judgment and discretion the public interest requires that adult
  120  sanctions be considered or imposed. However, the state attorney
  121  may not file an information on a child charged with a
  122  misdemeanor, unless the child has had at least two previous
  123  adjudications or adjudications withheld for delinquent acts, one
  124  of which involved an offense classified as a felony under state
  125  law.
  126         (2) DUE PROCESS HEARING BEFORE A JUDGE.—Notwithstanding any
  127  other law, and in all cases, any child charged with a crime
  128  shall have an evidentiary hearing, after the state attorney’s
  129  filing of an information in adult court under this section.
  130         (a) The judge shall conduct the hearing within 30 days,
  131  excluding Saturdays, Sundays, and legal holidays, unless good
  132  cause is shown for a delay by the child or the child’s attorney.
  133  The purpose of the hearing is for the court to determine whether
  134  it is necessary for protection of the community that the child
  135  is prosecuted in adult court. The judge shall consider all of
  136  the following:
  137         1.Evaluations and assessments completed by the department.
  138         2.The sophistication and maturity of the child, including:
  139         a.The effect, if any, of immaturity, impetuosity, or
  140  failure to appreciate risks and consequences on the child’s
  141  participation in the alleged offense.
  142         b.The child’s age, maturity, intellectual capacity, and
  143  mental and emotional health at the time of the alleged offense.
  144         c.The effect, if any, of characteristics attributable to
  145  the child’s youth on the child’s judgment.
  146         3.The record and previous history of the child, including:
  147         a.Previous contacts with the department, the Department of
  148  Corrections, the Department of Children and Families, other law
  149  enforcement agencies, and the courts.
  150         b.Prior periods of probation.
  151         c.Prior adjudications that the child committed a
  152  delinquent act or violation of law, with greater weight being
  153  given if the child has previously been found by a court to have
  154  committed a delinquent act or violation of law involving
  155  violence to persons.
  156         d.Prior commitments to institutions of the department, the
  157  Department of Corrections, or agencies under contract with
  158  either department.
  159         e.History of trauma, abuse or neglect, foster care
  160  placements, failed adoption, fetal alcohol syndrome, exposure to
  161  controlled substances at birth, and below-average intellectual
  162  functioning.
  163         f.Identification of the child as a student requiring
  164  exceptional student education or having previously received
  165  psychological services.
  166         4.The nature of the alleged offense and the child’s
  167  participation, including:
  168         a.Whether the alleged offense is punishable by death or
  169  life imprisonment.
  170         b.Whether the alleged offense was against persons or
  171  property.
  172         c.Whether the alleged offense is alleged to have been
  173  committed in an aggressive, violent, or premeditated manner.
  174         d.The extent of the child’s participation in the alleged
  175  offense.
  176         e.The effect, if any, of familial pressure or peer
  177  pressure on the child’s actions.
  178         5.The prospects for adequate protection of the public and
  179  the likelihood of reasonable rehabilitation of the child, if the
  180  child is found to have committed the alleged offense:
  181         a.By the use of procedures, services, and facilities
  182  currently available to the juvenile court.
  183         b.By the use of procedures, services, and facilities
  184  currently available to the adult court, including whether the
  185  lowest permissible sentence under the Criminal Punishment Code
  186  is a nonstate prison sanction.
  187         6.Whether the child could obtain habilitative or
  188  rehabilitative services available in the juvenile justice
  189  system.
  190         7.Whether the child could receive a sentence in juvenile
  191  court that would provide adequate safety and protection for the
  192  community.
  193         8.Whether the child’s best interests would be served by
  194  prosecuting the child in juvenile court.
  195         (b)The judge may consider any reports that may assist the
  196  court, including prior pre-disposition reports, psycho-social
  197  assessments, individualized educational programs (IEPs),
  198  developmental assessments, school records, abuse or neglect
  199  reports, home studies, protective investigations, and
  200  psychological and psychiatric evaluations. The child, the
  201  child’s parents or legal guardians, defense counsel, and the
  202  state attorney may examine these reports and question the
  203  parties responsible for creating them at the hearing.
  204         (c)The adult court shall retain jurisdiction unless the
  205  court finds by a preponderance of the evidence that the factors
  206  listed in paragraph (a) support returning the child to juvenile
  207  court.
  208         (d)The adult court shall render an order including
  209  specific findings of fact and the reasons for its decision. The
  210  prosecution and defense may seek immediate review of the order
  211  through interlocutory appeal. The order shall be reviewable on
  212  appeal under the Florida Rules of Appellate Procedure.
  214  ================= T I T L E  A M E N D M E N T ================
  215  And the title is amended as follows:
  216         Delete line 521
  217  and insert:
  218         specified instances; amending s. 985.265, F.S.;
  219         revising provisions concerning the housing of children
  220         held in detention; prohibiting a child who has been
  221         transferred to adult court for criminal prosecution
  222         pursuant to direct file from being held in a jail or
  223         other facility used for the detention of adults prior
  224         to a hearing to determine if the child should remain
  225         in adult court; reenacting s. 985.556(3), F.S.,
  226         relating to involuntary mandatory waiver, to
  227         incorporate the amendment made to s. 985.557, F.S., in
  228         a reference thereto ; amending s. 985.557, F.S.;
  229         deleting references to the state attorney’s discretion
  230         to direct file a juvenile; revising discretionary
  231         direct file criteria; deleting provisions for
  232         mandatory direct file; providing for an opportunity
  233         for a hearing to reverse a direct file;