Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1144
       
       
       
       
       
       
                                Ì399954ZÎ399954                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/13/2020           .                                
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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;