Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 626
       
       
       
       
       
       
                                Ì7272182Î727218                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/03/2021           .                                
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       The Committee on Children, Families, and Elder Affairs (Bracy)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 985.031, Florida Statutes, is created to
    6  read:
    7         985.031Age limitation; exception.—
    8         (1) This section may be cited as the “Kaia Rolle Act.”
    9         (2) A child younger than 7 years of age may not be
   10  adjudicated delinquent, arrested, or charged with a violation of
   11  law or a delinquent act on the basis of acts occurring before he
   12  or she reaches 7 years of age, unless the violation of law is a
   13  forcible felony as defined in s. 776.08.
   14         Section 2. Subsection (1) of section 985.101, Florida
   15  Statutes, is amended, and subsections (5) and (6) are added to
   16  that section, to read:
   17         985.101 Taking a child into custody.—
   18         (1) A child 15 years of age or older may be taken into
   19  custody under any of the following circumstances:
   20         (a) Pursuant to an order of the circuit court issued under
   21  this chapter, based upon sworn testimony, either before or after
   22  a petition is filed.
   23         (b) For a delinquent act or violation of law, pursuant to
   24  Florida law pertaining to a lawful arrest. If such delinquent
   25  act or violation of law would be a felony if committed by an
   26  adult or involves a crime of violence, the arresting authority
   27  shall immediately notify the district school superintendent, or
   28  the superintendent’s designee, of the school district with
   29  educational jurisdiction of the child. Such notification must
   30  shall include other education providers, such as the Florida
   31  School for the Deaf and the Blind, university developmental
   32  research schools, and private elementary and secondary schools.
   33  The information obtained by the superintendent of schools
   34  pursuant to this section must be released within 48 hours after
   35  receipt to appropriate school personnel, including the principal
   36  of the child’s school, or as otherwise provided by law. The
   37  principal must immediately notify the child’s immediate
   38  classroom teachers. Information provided by an arresting
   39  authority under this paragraph may not be placed in the
   40  student’s permanent record and must shall be removed from all
   41  school records no later than 9 months after the date of the
   42  arrest.
   43         (c) By a law enforcement officer for failing to appear at a
   44  court hearing after being properly noticed.
   45         (d) By a law enforcement officer who has probable cause to
   46  believe that the child is in violation of the conditions of the
   47  child’s probation, supervised release detention, postcommitment
   48  probation, or conditional release supervision; has absconded
   49  from nonresidential commitment; or has escaped from residential
   50  commitment.
   51  
   52  This Nothing in this subsection may not shall be construed to
   53  allow the detention of a child who does not meet the detention
   54  criteria in part V of this chapter.
   55         (5)A child 7 years of age or older but younger than 15
   56  years of age may be taken into custody or arrested only under
   57  any of the following circumstances:
   58         (a)By a law enforcement officer for failing to appear at a
   59  court hearing after being properly noticed.
   60         (b)By a law enforcement officer who has probable cause to
   61  believe that the child has absconded from nonresidential
   62  commitment or has escaped from residential commitment.
   63         (c)By a law enforcement officer who has probable cause to
   64  believe that the child committed a delinquent act or violation
   65  of law that resulted in the actual or threat of imminent serious
   66  bodily injury to another individual.
   67         (d) By a law enforcement officer who has probable cause to
   68  believe that a forcible felony as defined in s. 776.08 has been
   69  committed.
   70  
   71  This subsection may not be construed to allow the detention of a
   72  child who does not meet the detention criteria in part V of this
   73  chapter.
   74         (6)A child 7 years of age of older enrolled in a public K
   75  12 school as defined in s. 1000.04(1) or private school as
   76  defined in s. 1002.01(2) may be taken into custody or arrested
   77  at the school he or she attends only under any the following
   78  circumstances:
   79         (a)By a law enforcement officer for failing to appear at a
   80  court hearing after being properly noticed.
   81         (b)By a law enforcement officer who has probable cause to
   82  believe that the child committed a delinquent act or violation
   83  of law that resulted in the actual or threat of imminent serious
   84  bodily injury to another individual.
   85         (c) By a law enforcement officer who has probable cause to
   86  believe that a forcible felony as defined in s. 776.08 has been
   87  committed.
   88  
   89  This subsection may not be construed to allow the detention of a
   90  child who does not meet the detention criteria in part V of this
   91  chapter.
   92         Section 3. Present subsection (4) of section 985.24,
   93  Florida Statutes, is redesignated as subsection (5), and a new
   94  subsection (4) is added to that section, to read:
   95         985.24 Use of detention; prohibitions.—
   96         (4)A child who is taken into custody pursuant to a
   97  summons, an arrest warrant, or any other circuit court order
   98  that does not explicitly require detention must be treated in
   99  the same manner as a child taken into custody under s.
  100  985.101(1)(b) and may be detained only pursuant to a finding
  101  under subsection (1).
  102         Section 4. For the purpose of incorporating the amendment
  103  made by this act to section 985.101, Florida Statutes, in a
  104  reference thereto, paragraph (b) of subsection (1) of section
  105  960.001, Florida Statutes, is reenacted to read:
  106         960.001 Guidelines for fair treatment of victims and
  107  witnesses in the criminal justice and juvenile justice systems.—
  108         (1) The Department of Legal Affairs, the state attorneys,
  109  the Department of Corrections, the Department of Juvenile
  110  Justice, the Florida Commission on Offender Review, the State
  111  Courts Administrator and circuit court administrators, the
  112  Department of Law Enforcement, and every sheriff’s department,
  113  police department, or other law enforcement agency as defined in
  114  s. 943.10(4) shall develop and implement guidelines for the use
  115  of their respective agencies, which guidelines are consistent
  116  with the purposes of this act and s. 16(b), Art. I of the State
  117  Constitution and are designed to implement s. 16(b), Art. I of
  118  the State Constitution and to achieve the following objectives:
  119         (b) Information for purposes of notifying victim or
  120  appropriate next of kin of victim or other designated contact of
  121  victim.—In the case of a homicide, pursuant to chapter 782; or a
  122  sexual offense, pursuant to chapter 794; or an attempted murder
  123  or sexual offense, pursuant to chapter 777; or stalking,
  124  pursuant to s. 784.048; or domestic violence, pursuant to s.
  125  25.385:
  126         1. The arresting law enforcement officer or personnel of an
  127  organization that provides assistance to a victim or to the
  128  appropriate next of kin of the victim or other designated
  129  contact must request that the victim or appropriate next of kin
  130  of the victim or other designated contact complete a victim
  131  notification card. However, the victim or appropriate next of
  132  kin of the victim or other designated contact may choose not to
  133  complete the victim notification card.
  134         2. Unless the victim or the appropriate next of kin of the
  135  victim or other designated contact waives the option to complete
  136  the victim notification card, a copy of the victim notification
  137  card must be filed with the incident report or warrant in the
  138  sheriff’s office of the jurisdiction in which the incident
  139  report or warrant originated. The notification card shall, at a
  140  minimum, consist of:
  141         a. The name, address, and phone number of the victim; or
  142         b. The name, address, and phone number of the appropriate
  143  next of kin of the victim; or
  144         c. The name, address, and telephone number of a designated
  145  contact other than the victim or appropriate next of kin of the
  146  victim; and
  147         d. Any relevant identification or case numbers assigned to
  148  the case.
  149         3. The chief administrator, or a person designated by the
  150  chief administrator, of a county jail, municipal jail, juvenile
  151  detention facility, or residential commitment facility shall
  152  make a reasonable attempt to notify the alleged victim or
  153  appropriate next of kin of the alleged victim or other
  154  designated contact within 4 hours following the release of the
  155  defendant on bail or, in the case of a juvenile offender, upon
  156  the release from residential detention or commitment. If the
  157  chief administrator, or designee, is unable to contact the
  158  alleged victim or appropriate next of kin of the alleged victim
  159  or other designated contact by telephone, the chief
  160  administrator, or designee, must send to the alleged victim or
  161  appropriate next of kin of the alleged victim or other
  162  designated contact a written notification of the defendant’s
  163  release.
  164         4. Unless otherwise requested by the victim or the
  165  appropriate next of kin of the victim or other designated
  166  contact, the information contained on the victim notification
  167  card must be sent by the chief administrator, or designee, of
  168  the appropriate facility to the subsequent correctional or
  169  residential commitment facility following the sentencing and
  170  incarceration of the defendant, and unless otherwise requested
  171  by the victim or the appropriate next of kin of the victim or
  172  other designated contact, he or she must be notified of the
  173  release of the defendant from incarceration as provided by law.
  174         5. If the defendant was arrested pursuant to a warrant
  175  issued or taken into custody pursuant to s. 985.101 in a
  176  jurisdiction other than the jurisdiction in which the defendant
  177  is being released, and the alleged victim or appropriate next of
  178  kin of the alleged victim or other designated contact does not
  179  waive the option for notification of release, the chief
  180  correctional officer or chief administrator of the facility
  181  releasing the defendant shall make a reasonable attempt to
  182  immediately notify the chief correctional officer of the
  183  jurisdiction in which the warrant was issued or the juvenile was
  184  taken into custody pursuant to s. 985.101, and the chief
  185  correctional officer of that jurisdiction shall make a
  186  reasonable attempt to notify the alleged victim or appropriate
  187  next of kin of the alleged victim or other designated contact,
  188  as provided in this paragraph, that the defendant has been or
  189  will be released.
  190         Section 5. For the purpose of incorporating the amendment
  191  made by this act to section 985.101, Florida Statutes, in a
  192  reference thereto, subsection (2) of section 985.439, Florida
  193  Statutes, is reenacted to read:
  194         985.439 Violation of probation or postcommitment
  195  probation.—
  196         (2) A child taken into custody under s. 985.101 for
  197  violating the conditions of probation shall be screened and
  198  detained or released based on his or her risk assessment
  199  instrument score.
  200         Section 6. For the purpose of incorporating the amendment
  201  made by this act to section 985.24, Florida Statutes, in a
  202  reference thereto, subsection (1) of section 985.25, Florida
  203  Statutes, is reenacted to read:
  204         985.25 Detention intake.—
  205         (1) The department shall receive custody of a child who has
  206  been taken into custody from the law enforcement agency or court
  207  and shall review the facts in the law enforcement report or
  208  probable cause affidavit and make such further inquiry as may be
  209  necessary to determine whether detention care is appropriate.
  210         (a) During the period of time from the taking of the child
  211  into custody to the date of the detention hearing, the initial
  212  decision as to the child’s placement into detention care shall
  213  be made by the department under ss. 985.24 and 985.245(1).
  214         (b) The department shall base the decision whether to place
  215  the child into detention care on an assessment of risk in
  216  accordance with the risk assessment instrument and procedures
  217  developed by the department under s. 985.245, except that a
  218  child shall be placed in secure detention care until the child’s
  219  detention hearing if the child meets the criteria specified in
  220  s. 985.255(1)(f) or is charged with possessing or discharging a
  221  firearm on school property in violation of s. 790.115.
  222         (c) If the final score on the child’s risk assessment
  223  instrument indicates detention care is appropriate, but the
  224  department otherwise determines the child should be released,
  225  the department shall contact the state attorney, who may
  226  authorize release.
  227         (d) If the final score on the risk assessment instrument
  228  indicates detention is not appropriate, the child may be
  229  released by the department in accordance with ss. 985.115 and
  230  985.13.
  231  
  232  Under no circumstances shall the department or the state
  233  attorney or law enforcement officer authorize the detention of
  234  any child in a jail or other facility intended or used for the
  235  detention of adults, without an order of the court.
  236         Section 7. This act shall take effect July 1, 2021.
  237  ================= T I T L E  A M E N D M E N T ================
  238  And the title is amended as follows:
  239         Delete everything before the enacting clause
  240  and insert:
  241                        A bill to be entitled                      
  242         An act relating to juvenile justice; creating s.
  243         985.031, F.S.; providing a short title; prohibiting a
  244         child younger than a certain age from being
  245         adjudicated delinquent, arrested, or charged with a
  246         violation of law or a delinquent act; providing an
  247         exception; amending s. 985.101, F.S.; authorizing
  248         children of at least a specified age, rather than of
  249         any age, to be taken into custody under certain
  250         circumstances; authorizing children of specified ages
  251         to be taken into custody or arrested only under
  252         certain circumstances; providing construction;
  253         authorizing a child enrolled in a public K-12 school
  254         or private school to be taken into custody or arrested
  255         at the school he or she attends only under certain
  256         circumstances; providing construction; amending s.
  257         985.24, F.S.; requiring that children who are taken
  258         into custody pursuant to certain circuit court orders
  259         be treated in a specified manner and be detained only
  260         pursuant to specified findings; reenacting ss.
  261         960.001(1)(b) and 985.439(2), F.S., both relating to
  262         children being taken into custody, to incorporate the
  263         amendment made to s. 985.101, F.S., in references
  264         thereto; reenacting s. 985.25(1), F.S., relating to a
  265         detention intake, to incorporate the amendment made to
  266         s. 985.24, F.S., in a reference thereto; providing an
  267         effective date.