Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1144 Ì399954ZÎ399954 LEGISLATIVE ACTION Senate . House Comm: WD . 02/13/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 ageunder the10age of 18or 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 beforeprior to the timethat person reached 13the age of18 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 37shallinclude 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 mustshallbe 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 ThisNothing in thissubsection may notshallbe 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;