Florida Senate - 2020 SB 578 By Senator Bracy 11-00741-20 2020578__ 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 985.03, F.S.; redefining the term “child”; creating s. 4 985.031, F.S.; prohibiting children younger than a 5 certain age from being adjudicated delinquent, 6 arrested, or charged with a crime; amending s. 7 985.101, F.S.; authorizing children of at least a 8 specified age, rather than of any age, to be taken 9 into custody under certain circumstances; authorizing 10 children of specified ages to be taken into custody or 11 arrested only under certain circumstances; providing 12 construction; authorizing a child enrolled in a 13 primary or secondary school to be taken into custody 14 or arrested only under certain circumstances; 15 providing construction; amending s. 985.24, F.S.; 16 requiring that children who are taken into custody 17 pursuant to certain circuit court orders be treated in 18 a specified manner and be detained only pursuant to 19 specified findings; reenacting s. 316.003(11), F.S., 20 relating to the definition of the term “child,” to 21 incorporate the amendment made to s. 985.03, F.S., in 22 a reference thereto; reenacting ss. 960.001(1)(b) and 23 985.439(2), F.S., both relating to children being 24 taken into custody, to incorporate the amendment made 25 to s. 985.101, F.S., in references thereto; reenacting 26 s. 985.25(1), F.S., relating to a detention intake, to 27 incorporate the amendment made to s. 985.24, F.S., in 28 a reference thereto; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (7) of section 985.03, Florida 33 Statutes, is amended to read: 34 985.03 Definitions.—As used in this chapter, the term: 35 (7) “Child,”or“juvenile,” or “youth” means any person 12 36 years of age or older but younger than 18 years of ageunder the37age of 18or any person who is alleged to have committed a 38 violation of law occurring after the person reached 12 years of 39 age or older and beforeprior to the timethat person reached 40the age of18 years of age. 41 Section 2. Section 985.031, Florida Statutes, is created to 42 read: 43 985.031 Children incapable of committing crimes.—Children 44 younger than 12 years of age are incapable of the mental 45 culpability needed to commit crimes and, therefore, may not be 46 adjudicated delinquent, arrested, or charged with a crime on the 47 basis of acts occurring before they reach such age. 48 Section 3. Subsection (1) of section 985.101, Florida 49 Statutes, is amended, and subsections (5) and (6) are added to 50 that section, to read: 51 985.101 Taking a child into custody.— 52 (1) A child 15 years of age or older may be taken into 53 custody under the following circumstances: 54 (a) Pursuant to an order of the circuit court issued under 55 this chapter, based upon sworn testimony, either before or after 56 a petition is filed. 57 (b) For a delinquent act or violation of law, pursuant to 58 Florida law pertaining to a lawful arrest. If such delinquent 59 act or violation of law would be a felony if committed by an 60 adult or involves a crime of violence, the arresting authority 61 shall immediately notify the district school superintendent, or 62 the superintendent’s designee, of the school district with 63 educational jurisdiction of the child. Such notification must 64shallinclude other education providers, such as the Florida 65 School for the Deaf and the Blind, university developmental 66 research schools, and private elementary and secondary schools. 67 The information obtained by the superintendent of schools 68 pursuant to this section must be released within 48 hours after 69 receipt to appropriate school personnel, including the principal 70 of the child’s school, or as otherwise provided by law. The 71 principal must immediately notify the child’s immediate 72 classroom teachers. Information provided by an arresting 73 authority under this paragraph may not be placed in the 74 student’s permanent record and mustshallbe removed from all 75 school records no later than 9 months after the date of the 76 arrest. 77 (c) By a law enforcement officer for failing to appear at a 78 court hearing after being properly noticed. 79 (d) By a law enforcement officer who has probable cause to 80 believe that the child is in violation of the conditions of the 81 child’s probation, supervised release detention, postcommitment 82 probation, or conditional release supervision; has absconded 83 from nonresidential commitment; or has escaped from residential 84 commitment. 85 86 ThisNothing in thissubsection may notshallbe construed to 87 allow the detention of a child who does not meet the detention 88 criteria in part V of this chapter. 89 (5) A child 12 years of age or older but 14 years of age or 90 younger may be taken into custody or arrested only under any of 91 the following circumstances: 92 (a) By a law enforcement officer for failing to appear at a 93 court hearing after being properly noticed. 94 (b) By a law enforcement officer who has probable cause to 95 believe that the child has absconded from a nonresidential 96 commitment or has escaped from a residential commitment. 97 (c) By a law enforcement officer who has probable cause to 98 believe that detention is necessary to prevent an imminent 99 threat of serious bodily harm to another individual. 100 101 This subsection may not be construed to allow the detention of a 102 child who does not meet the detention criteria in part V of this 103 chapter. 104 (6) A child enrolled in a primary or secondary school may 105 be taken into custody or arrested at the school they attend only 106 under any the following circumstances: 107 (a) By a law enforcement officer for failing to appear at a 108 court hearing after being properly noticed. 109 (b) By a law enforcement officer who has probable cause to 110 believe that detention is necessary to prevent an imminent 111 threat of serious bodily harm to another individual. 112 113 This subsection may not be construed to allow the detention of a 114 child who does not meet the detention criteria in part V of this 115 chapter. 116 Section 4. Present subsection (4) of section 985.24, 117 Florida Statutes, is redesignated as subsection (5), and a new 118 subsection (4) is added to that section, to read: 119 985.24 Use of detention; prohibitions.— 120 (4) A child who is taken into custody pursuant to a 121 summons, an arrest warrant, or other circuit court order that 122 does not explicitly require detention, must be treated in the 123 same manner as a child taken into custody under s. 985.101(1)(b) 124 and may be detained only pursuant to a finding under subsection 125 (1). 126 Section 5. For the purpose of incorporating the amendment 127 made by this act to section 985.03, Florida Statutes, in a 128 reference thereto, subsection (11) of section 316.003, Florida 129 Statutes, is reenacted to read: 130 316.003 Definitions.—The following words and phrases, when 131 used in this chapter, shall have the meanings respectively 132 ascribed to them in this section, except where the context 133 otherwise requires: 134 (11) CHILD.—A child as defined in s. 39.01, s. 984.03, or 135 s. 985.03. 136 Section 6. For the purpose of incorporating the amendment 137 made by this act to section 985.101, Florida Statutes, in a 138 reference thereto, paragraph (b) of subsection (1) of section 139 960.001, Florida Statutes, is reenacted to read: 140 960.001 Guidelines for fair treatment of victims and 141 witnesses in the criminal justice and juvenile justice systems.— 142 (1) The Department of Legal Affairs, the state attorneys, 143 the Department of Corrections, the Department of Juvenile 144 Justice, the Florida Commission on Offender Review, the State 145 Courts Administrator and circuit court administrators, the 146 Department of Law Enforcement, and every sheriff’s department, 147 police department, or other law enforcement agency as defined in 148 s. 943.10(4) shall develop and implement guidelines for the use 149 of their respective agencies, which guidelines are consistent 150 with the purposes of this act and s. 16(b), Art. I of the State 151 Constitution and are designed to implement s. 16(b), Art. I of 152 the State Constitution and to achieve the following objectives: 153 (b) Information for purposes of notifying victim or 154 appropriate next of kin of victim or other designated contact of 155 victim.—In the case of a homicide, pursuant to chapter 782; or a 156 sexual offense, pursuant to chapter 794; or an attempted murder 157 or sexual offense, pursuant to chapter 777; or stalking, 158 pursuant to s. 784.048; or domestic violence, pursuant to s. 159 25.385: 160 1. The arresting law enforcement officer or personnel of an 161 organization that provides assistance to a victim or to the 162 appropriate next of kin of the victim or other designated 163 contact must request that the victim or appropriate next of kin 164 of the victim or other designated contact complete a victim 165 notification card. However, the victim or appropriate next of 166 kin of the victim or other designated contact may choose not to 167 complete the victim notification card. 168 2. Unless the victim or the appropriate next of kin of the 169 victim or other designated contact waives the option to complete 170 the victim notification card, a copy of the victim notification 171 card must be filed with the incident report or warrant in the 172 sheriff’s office of the jurisdiction in which the incident 173 report or warrant originated. The notification card shall, at a 174 minimum, consist of: 175 a. The name, address, and phone number of the victim; or 176 b. The name, address, and phone number of the appropriate 177 next of kin of the victim; or 178 c. The name, address, and telephone number of a designated 179 contact other than the victim or appropriate next of kin of the 180 victim; and 181 d. Any relevant identification or case numbers assigned to 182 the case. 183 3. The chief administrator, or a person designated by the 184 chief administrator, of a county jail, municipal jail, juvenile 185 detention facility, or residential commitment facility shall 186 make a reasonable attempt to notify the alleged victim or 187 appropriate next of kin of the alleged victim or other 188 designated contact within 4 hours following the release of the 189 defendant on bail or, in the case of a juvenile offender, upon 190 the release from residential detention or commitment. If the 191 chief administrator, or designee, is unable to contact the 192 alleged victim or appropriate next of kin of the alleged victim 193 or other designated contact by telephone, the chief 194 administrator, or designee, must send to the alleged victim or 195 appropriate next of kin of the alleged victim or other 196 designated contact a written notification of the defendant’s 197 release. 198 4. Unless otherwise requested by the victim or the 199 appropriate next of kin of the victim or other designated 200 contact, the information contained on the victim notification 201 card must be sent by the chief administrator, or designee, of 202 the appropriate facility to the subsequent correctional or 203 residential commitment facility following the sentencing and 204 incarceration of the defendant, and unless otherwise requested 205 by the victim or the appropriate next of kin of the victim or 206 other designated contact, he or she must be notified of the 207 release of the defendant from incarceration as provided by law. 208 5. If the defendant was arrested pursuant to a warrant 209 issued or taken into custody pursuant to s. 985.101 in a 210 jurisdiction other than the jurisdiction in which the defendant 211 is being released, and the alleged victim or appropriate next of 212 kin of the alleged victim or other designated contact does not 213 waive the option for notification of release, the chief 214 correctional officer or chief administrator of the facility 215 releasing the defendant shall make a reasonable attempt to 216 immediately notify the chief correctional officer of the 217 jurisdiction in which the warrant was issued or the juvenile was 218 taken into custody pursuant to s. 985.101, and the chief 219 correctional officer of that jurisdiction shall make a 220 reasonable attempt to notify the alleged victim or appropriate 221 next of kin of the alleged victim or other designated contact, 222 as provided in this paragraph, that the defendant has been or 223 will be released. 224 Section 7. For the purpose of incorporating the amendment 225 made by this act to section 985.101, Florida Statutes, in a 226 reference thereto, subsection (2) of section 985.439, Florida 227 Statutes, is reenacted to read: 228 985.439 Violation of probation or postcommitment 229 probation.— 230 (2) A child taken into custody under s. 985.101 for 231 violating the conditions of probation shall be screened and 232 detained or released based on his or her risk assessment 233 instrument score. 234 Section 8. For the purpose of incorporating the amendment 235 made by this act to section 985.24, Florida Statutes, in a 236 reference thereto, subsection (1) of section 985.25, Florida 237 Statutes, is reenacted to read: 238 985.25 Detention intake.— 239 (1) The department shall receive custody of a child who has 240 been taken into custody from the law enforcement agency or court 241 and shall review the facts in the law enforcement report or 242 probable cause affidavit and make such further inquiry as may be 243 necessary to determine whether detention care is appropriate. 244 (a) During the period of time from the taking of the child 245 into custody to the date of the detention hearing, the initial 246 decision as to the child’s placement into detention care shall 247 be made by the department under ss. 985.24 and 985.245(1). 248 (b) The department shall base the decision whether to place 249 the child into detention care on an assessment of risk in 250 accordance with the risk assessment instrument and procedures 251 developed by the department under s. 985.245, except that a 252 child shall be placed in secure detention care until the child’s 253 detention hearing if the child meets the criteria specified in 254 s. 985.255(1)(f) or is charged with possessing or discharging a 255 firearm on school property in violation of s. 790.115. 256 (c) If the final score on the child’s risk assessment 257 instrument indicates detention care is appropriate, but the 258 department otherwise determines the child should be released, 259 the department shall contact the state attorney, who may 260 authorize release. 261 (d) If the final score on the risk assessment instrument 262 indicates detention is not appropriate, the child may be 263 released by the department in accordance with ss. 985.115 and 264 985.13. 265 266 Under no circumstances shall the department or the state 267 attorney or law enforcement officer authorize the detention of 268 any child in a jail or other facility intended or used for the 269 detention of adults, without an order of the court. 270 Section 9. This act shall take effect July 1, 2020.