Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 626 Ì7272182Î727218 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 985.031 Age 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
shallinclude 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 shallbe 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 thissubsection may not shallbe 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.