Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1144
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LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Criminal and Civil Justice
(Bracy) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 112 and 113
4 insert:
5 Section 4. Subsection (7) of section 985.03, Florida
6 Statutes, is amended to read:
7 985.03 Definitions.—As used in this chapter, the term:
8 (7) “Child,” or “juvenile,” or “youth” means any person 12
9 years of age or older but younger than 18 years of age under the
10 age of 18 or any person who is alleged to have committed a
11 violation of law occurring after the person reached 12 years of
12 age or older and before prior to the time that person reached
13 the age of 18 years of age.
14 Section 5. Section 985.031, Florida Statutes, is created to
15 read:
16 985.031 Children incapable of committing crimes.—Children
17 younger than 12 years of age are incapable of the mental
18 culpability needed to commit crimes and, therefore, may not be
19 adjudicated delinquent, arrested, or charged with a crime on the
20 basis of acts occurring before they reach such age.
21 Section 6. Subsection (1) of section 985.101, Florida
22 Statutes, is amended, and subsections (5) and (6) are added to
23 that section, to read:
24 985.101 Taking a child into custody.—
25 (1) A child 15 years of age or older may be taken into
26 custody under the following circumstances:
27 (a) Pursuant to an order of the circuit court issued under
28 this chapter, based upon sworn testimony, either before or after
29 a petition is filed.
30 (b) For a delinquent act or violation of law, pursuant to
31 Florida law pertaining to a lawful arrest. If such delinquent
32 act or violation of law would be a felony if committed by an
33 adult or involves a crime of violence, the arresting authority
34 shall immediately notify the district school superintendent, or
35 the superintendent’s designee, of the school district with
36 educational jurisdiction of the child. Such notification must
37 shall include other education providers, such as the Florida
38 School for the Deaf and the Blind, university developmental
39 research schools, and private elementary and secondary schools.
40 The information obtained by the superintendent of schools
41 pursuant to this section must be released within 48 hours after
42 receipt to appropriate school personnel, including the principal
43 of the child’s school, or as otherwise provided by law. The
44 principal must immediately notify the child’s immediate
45 classroom teachers. Information provided by an arresting
46 authority under this paragraph may not be placed in the
47 student’s permanent record and must shall be removed from all
48 school records no later than 9 months after the date of the
49 arrest.
50 (c) By a law enforcement officer for failing to appear at a
51 court hearing after being properly noticed.
52 (d) By a law enforcement officer who has probable cause to
53 believe that the child is in violation of the conditions of the
54 child’s probation, supervised release detention, postcommitment
55 probation, or conditional release supervision; has absconded
56 from nonresidential commitment; or has escaped from residential
57 commitment.
58
59 This Nothing in this subsection may not shall be construed to
60 allow the detention of a child who does not meet the detention
61 criteria in part V of this chapter.
62 (5) A child 12 years of age or older but 14 years of age or
63 younger may be taken into custody or arrested only under any of
64 the following circumstances:
65 (a) By a law enforcement officer for failing to appear at a
66 court hearing after being properly noticed.
67 (b) By a law enforcement officer who has probable cause to
68 believe that the child has absconded from a nonresidential
69 commitment or has escaped from a residential commitment.
70 (c) By a law enforcement officer who has probable cause to
71 believe that detention is necessary to prevent an imminent
72 threat of serious bodily harm to another individual.
73
74 This subsection may not be construed to allow the detention of a
75 child who does not meet the detention criteria in part V of this
76 chapter.
77 (6) A child enrolled in a primary or secondary school may
78 be taken into custody or arrested at the school they attend only
79 under any the following circumstances:
80 (a) By a law enforcement officer for failing to appear at a
81 court hearing after being properly noticed.
82 (b) By a law enforcement officer who has probable cause to
83 believe that detention is necessary to prevent an imminent
84 threat of serious bodily harm to another individual.
85
86 This subsection may not be construed to allow the detention of a
87 child who does not meet the detention criteria in part V of this
88 chapter.
89 Section 7. Present subsection (4) of section 985.24,
90 Florida Statutes, is redesignated as subsection (5), and a new
91 subsection (4) is added to that section, to read:
92 985.24 Use of detention; prohibitions.—
93 (4) A child who is taken into custody pursuant to a
94 summons, an arrest warrant, or any other circuit court order
95 that does not explicitly require detention must be treated in
96 the same manner as a child taken into custody under s.
97 985.101(1)(b) and may be detained only pursuant to a finding
98 under subsection (1).
99 Section 8. For the purpose of incorporating the amendment
100 made by this act to section 985.03, Florida Statutes, in a
101 reference thereto, subsection (11) of section 316.003, Florida
102 Statutes, is reenacted to read:
103 316.003 Definitions.—The following words and phrases, when
104 used in this chapter, shall have the meanings respectively
105 ascribed to them in this section, except where the context
106 otherwise requires:
107 (11) CHILD.—A child as defined in s. 39.01, s. 984.03, or
108 s. 985.03.
109 Section 9. For the purpose of incorporating the amendment
110 made by this act to section 985.101, Florida Statutes, in a
111 reference thereto, paragraph (b) of subsection (1) of section
112 960.001, Florida Statutes, is reenacted to read:
113 960.001 Guidelines for fair treatment of victims and
114 witnesses in the criminal justice and juvenile justice systems.—
115 (1) The Department of Legal Affairs, the state attorneys,
116 the Department of Corrections, the Department of Juvenile
117 Justice, the Florida Commission on Offender Review, the State
118 Courts Administrator and circuit court administrators, the
119 Department of Law Enforcement, and every sheriff’s department,
120 police department, or other law enforcement agency as defined in
121 s. 943.10(4) shall develop and implement guidelines for the use
122 of their respective agencies, which guidelines are consistent
123 with the purposes of this act and s. 16(b), Art. I of the State
124 Constitution and are designed to implement s. 16(b), Art. I of
125 the State Constitution and to achieve the following objectives:
126 (b) Information for purposes of notifying victim or
127 appropriate next of kin of victim or other designated contact of
128 victim.—In the case of a homicide, pursuant to chapter 782; or a
129 sexual offense, pursuant to chapter 794; or an attempted murder
130 or sexual offense, pursuant to chapter 777; or stalking,
131 pursuant to s. 784.048; or domestic violence, pursuant to s.
132 25.385:
133 1. The arresting law enforcement officer or personnel of an
134 organization that provides assistance to a victim or to the
135 appropriate next of kin of the victim or other designated
136 contact must request that the victim or appropriate next of kin
137 of the victim or other designated contact complete a victim
138 notification card. However, the victim or appropriate next of
139 kin of the victim or other designated contact may choose not to
140 complete the victim notification card.
141 2. Unless the victim or the appropriate next of kin of the
142 victim or other designated contact waives the option to complete
143 the victim notification card, a copy of the victim notification
144 card must be filed with the incident report or warrant in the
145 sheriff’s office of the jurisdiction in which the incident
146 report or warrant originated. The notification card shall, at a
147 minimum, consist of:
148 a. The name, address, and phone number of the victim; or
149 b. The name, address, and phone number of the appropriate
150 next of kin of the victim; or
151 c. The name, address, and telephone number of a designated
152 contact other than the victim or appropriate next of kin of the
153 victim; and
154 d. Any relevant identification or case numbers assigned to
155 the case.
156 3. The chief administrator, or a person designated by the
157 chief administrator, of a county jail, municipal jail, juvenile
158 detention facility, or residential commitment facility shall
159 make a reasonable attempt to notify the alleged victim or
160 appropriate next of kin of the alleged victim or other
161 designated contact within 4 hours following the release of the
162 defendant on bail or, in the case of a juvenile offender, upon
163 the release from residential detention or commitment. If the
164 chief administrator, or designee, is unable to contact the
165 alleged victim or appropriate next of kin of the alleged victim
166 or other designated contact by telephone, the chief
167 administrator, or designee, must send to the alleged victim or
168 appropriate next of kin of the alleged victim or other
169 designated contact a written notification of the defendant’s
170 release.
171 4. Unless otherwise requested by the victim or the
172 appropriate next of kin of the victim or other designated
173 contact, the information contained on the victim notification
174 card must be sent by the chief administrator, or designee, of
175 the appropriate facility to the subsequent correctional or
176 residential commitment facility following the sentencing and
177 incarceration of the defendant, and unless otherwise requested
178 by the victim or the appropriate next of kin of the victim or
179 other designated contact, he or she must be notified of the
180 release of the defendant from incarceration as provided by law.
181 5. If the defendant was arrested pursuant to a warrant
182 issued or taken into custody pursuant to s. 985.101 in a
183 jurisdiction other than the jurisdiction in which the defendant
184 is being released, and the alleged victim or appropriate next of
185 kin of the alleged victim or other designated contact does not
186 waive the option for notification of release, the chief
187 correctional officer or chief administrator of the facility
188 releasing the defendant shall make a reasonable attempt to
189 immediately notify the chief correctional officer of the
190 jurisdiction in which the warrant was issued or the juvenile was
191 taken into custody pursuant to s. 985.101, and the chief
192 correctional officer of that jurisdiction shall make a
193 reasonable attempt to notify the alleged victim or appropriate
194 next of kin of the alleged victim or other designated contact,
195 as provided in this paragraph, that the defendant has been or
196 will be released.
197 Section 10. For the purpose of incorporating the amendment
198 made by this act to section 985.101, Florida Statutes, in a
199 reference thereto, subsection (2) of section 985.439, Florida
200 Statutes, is reenacted to read:
201 985.439 Violation of probation or postcommitment
202 probation.—
203 (2) A child taken into custody under s. 985.101 for
204 violating the conditions of probation shall be screened and
205 detained or released based on his or her risk assessment
206 instrument score.
207 Section 11. For the purpose of incorporating the amendment
208 made by this act to section 985.24, Florida Statutes, in a
209 reference thereto, subsection (1) of section 985.25, Florida
210 Statutes, is reenacted to read:
211 985.25 Detention intake.—
212 (1) The department shall receive custody of a child who has
213 been taken into custody from the law enforcement agency or court
214 and shall review the facts in the law enforcement report or
215 probable cause affidavit and make such further inquiry as may be
216 necessary to determine whether detention care is appropriate.
217 (a) During the period of time from the taking of the child
218 into custody to the date of the detention hearing, the initial
219 decision as to the child’s placement into detention care shall
220 be made by the department under ss. 985.24 and 985.245(1).
221 (b) The department shall base the decision whether to place
222 the child into detention care on an assessment of risk in
223 accordance with the risk assessment instrument and procedures
224 developed by the department under s. 985.245, except that a
225 child shall be placed in secure detention care until the child’s
226 detention hearing if the child meets the criteria specified in
227 s. 985.255(1)(f) or is charged with possessing or discharging a
228 firearm on school property in violation of s. 790.115.
229 (c) If the final score on the child’s risk assessment
230 instrument indicates detention care is appropriate, but the
231 department otherwise determines the child should be released,
232 the department shall contact the state attorney, who may
233 authorize release.
234 (d) If the final score on the risk assessment instrument
235 indicates detention is not appropriate, the child may be
236 released by the department in accordance with ss. 985.115 and
237 985.13.
238
239 Under no circumstances shall the department or the state
240 attorney or law enforcement officer authorize the detention of
241 any child in a jail or other facility intended or used for the
242 detention of adults, without an order of the court.
243
244 ================= T I T L E A M E N D M E N T ================
245 And the title is amended as follows:
246 Between lines 21 and 22
247 insert:
248 amending s. 985.03, F.S.; redefining the term “child”;
249 creating s. 985.031, F.S.; prohibiting children
250 younger than a certain age from being adjudicated
251 delinquent, arrested, or charged with a crime;
252 amending s. 985.101, F.S.; authorizing children of at
253 least a specified age, rather than of any age, to be
254 taken into custody under certain circumstances;
255 authorizing children of specified ages to be taken
256 into custody or arrested only under certain
257 circumstances; providing construction; authorizing a
258 child enrolled in a primary or secondary school to be
259 taken into custody or arrested only under certain
260 circumstances; providing construction; amending s.
261 985.24, F.S.; requiring that children who are taken
262 into custody pursuant to certain circuit court orders
263 be treated in a specified manner and be detained only
264 pursuant to specified findings; reenacting s.
265 316.003(11), F.S., relating to the definition of the
266 term “child,” to incorporate the amendment made to s.
267 985.03, F.S., in a reference thereto; reenacting ss.
268 960.001(1)(b) and 985.439(2), F.S., both relating to
269 children being taken into custody, to incorporate the
270 amendment made to s. 985.101, F.S., in references
271 thereto; reenacting s. 985.25(1), F.S., relating to a
272 detention intake, to incorporate the amendment made to
273 s. 985.24, F.S., in a reference thereto;