Florida Senate - 2021                                     SB 626
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00505-21                                            2021626__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         985.03, F.S.; redefining the terms “child,”
    4         “juvenile,” and “youth”; creating s. 985.031, F.S.;
    5         providing a short title; prohibiting a child younger
    6         than a certain age from being adjudicated delinquent,
    7         arrested, or charged with a violation of law or a
    8         delinquent act; providing an exception; amending s.
    9         985.101, F.S.; authorizing children of at least a
   10         specified age, rather than of any age, to be taken
   11         into custody under certain circumstances; authorizing
   12         children of specified ages to be taken into custody or
   13         arrested only under certain circumstances; providing
   14         construction; authorizing a child enrolled in a
   15         primary or secondary school to be taken into custody
   16         or arrested at the school he or she attends only under
   17         certain circumstances; providing construction;
   18         amending s. 985.24, F.S.; requiring that children who
   19         are taken into custody pursuant to certain circuit
   20         court orders be treated in a specified manner and be
   21         detained only pursuant to specified findings;
   22         reenacting s. 316.003(11), F.S., relating to the
   23         definition of the term “child,” to incorporate the
   24         amendment made to s. 985.03, F.S., in a reference
   25         thereto; reenacting ss. 960.001(1)(b) and 985.439(2),
   26         F.S., both relating to children being taken into
   27         custody, to incorporate the amendment made to s.
   28         985.101, F.S., in references thereto; reenacting s.
   29         985.25(1), F.S., relating to a detention intake, to
   30         incorporate the amendment made to s. 985.24, F.S., in
   31         a reference thereto; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (7) of section 985.03, Florida
   36  Statutes, is amended to read:
   37         985.03 Definitions.—As used in this chapter, the term:
   38         (7) “Child,or “juvenile,” or “youth” means any person 7
   39  years of age or older but younger than 18 years of age under the
   40  age of 18 or any person who is alleged to have committed a
   41  violation of law occurring after the person reached 7 years of
   42  age or older and before prior to the time that person reached
   43  the age of 18 years of age.
   44         Section 2. Section 985.031, Florida Statutes, is created to
   45  read:
   46         985.031Age limitation; exception.—
   47         (1) This section may be cited as the “Kaia Rolle Act.”
   48         (2) A child younger than 7 years of age may not be
   49  adjudicated delinquent, arrested, or charged with a violation of
   50  law or a delinquent act on the basis of acts occurring before he
   51  or she reaches 7 years of age.
   52         (3) This section does not apply to a child who commits a
   53  forcible felony as defined in s. 776.08.
   54         Section 3. Subsection (1) of section 985.101, Florida
   55  Statutes, is amended, and subsections (5) and (6) are added to
   56  that section, to read:
   57         985.101 Taking a child into custody.—
   58         (1) A child 15 years of age or older may be taken into
   59  custody under any of the following circumstances:
   60         (a) Pursuant to an order of the circuit court issued under
   61  this chapter, based upon sworn testimony, either before or after
   62  a petition is filed.
   63         (b) For a delinquent act or violation of law, pursuant to
   64  Florida law pertaining to a lawful arrest. If such delinquent
   65  act or violation of law would be a felony if committed by an
   66  adult or involves a crime of violence, the arresting authority
   67  shall immediately notify the district school superintendent, or
   68  the superintendent’s designee, of the school district with
   69  educational jurisdiction of the child. Such notification must
   70  shall include other education providers, such as the Florida
   71  School for the Deaf and the Blind, university developmental
   72  research schools, and private elementary and secondary schools.
   73  The information obtained by the superintendent of schools
   74  pursuant to this section must be released within 48 hours after
   75  receipt to appropriate school personnel, including the principal
   76  of the child’s school, or as otherwise provided by law. The
   77  principal must immediately notify the child’s immediate
   78  classroom teachers. Information provided by an arresting
   79  authority under this paragraph may not be placed in the
   80  student’s permanent record and must shall be removed from all
   81  school records no later than 9 months after the date of the
   82  arrest.
   83         (c) By a law enforcement officer for failing to appear at a
   84  court hearing after being properly noticed.
   85         (d) By a law enforcement officer who has probable cause to
   86  believe that the child is in violation of the conditions of the
   87  child’s probation, supervised release detention, postcommitment
   88  probation, or conditional release supervision; has absconded
   89  from nonresidential commitment; or has escaped from residential
   90  commitment.
   91  
   92  This Nothing in this subsection may not shall be construed to
   93  allow the detention of a child who does not meet the detention
   94  criteria in part V of this chapter.
   95         (5)A child 7 years of age or older but younger than 15
   96  years of age may be taken into custody or arrested only under
   97  any of the following circumstances:
   98         (a)By a law enforcement officer for failing to appear at a
   99  court hearing after being properly noticed.
  100         (b)By a law enforcement officer who has probable cause to
  101  believe that the child has absconded from nonresidential
  102  commitment or has escaped from residential commitment.
  103         (c)By a law enforcement officer who has probable cause to
  104  believe that detention is necessary to prevent an imminent
  105  threat of serious bodily harm to another individual.
  106  
  107  This subsection may not be construed to allow the detention of a
  108  child who does not meet the detention criteria in part V of this
  109  chapter.
  110         (6)A child enrolled in a primary or secondary school may
  111  be taken into custody or arrested at the school he or she
  112  attends only under any the following circumstances:
  113         (a)By a law enforcement officer for failing to appear at a
  114  court hearing after being properly noticed.
  115         (b)By a law enforcement officer who has probable cause to
  116  believe that detention is necessary to prevent an imminent
  117  threat of serious bodily harm to another individual.
  118  
  119  This subsection may not be construed to allow the detention of a
  120  child who does not meet the detention criteria in part V of this
  121  chapter.
  122         Section 4. Present subsection (4) of section 985.24,
  123  Florida Statutes, is redesignated as subsection (5), and a new
  124  subsection (4) is added to that section, to read:
  125         985.24 Use of detention; prohibitions.—
  126         (4)A child who is taken into custody pursuant to a
  127  summons, an arrest warrant, or any other circuit court order
  128  that does not explicitly require detention must be treated in
  129  the same manner as a child taken into custody under s.
  130  985.101(1)(b) and may be detained only pursuant to a finding
  131  under subsection (1).
  132         Section 5. For the purpose of incorporating the amendment
  133  made by this act to section 985.03, Florida Statutes, in a
  134  reference thereto, subsection (11) of section 316.003, Florida
  135  Statutes, is reenacted to read:
  136         316.003 Definitions.—The following words and phrases, when
  137  used in this chapter, shall have the meanings respectively
  138  ascribed to them in this section, except where the context
  139  otherwise requires:
  140         (11) CHILD.—A child as defined in s. 39.01, s. 984.03, or
  141  s. 985.03.
  142         Section 6. For the purpose of incorporating the amendment
  143  made by this act to section 985.101, Florida Statutes, in a
  144  reference thereto, paragraph (b) of subsection (1) of section
  145  960.001, Florida Statutes, is reenacted to read:
  146         960.001 Guidelines for fair treatment of victims and
  147  witnesses in the criminal justice and juvenile justice systems.—
  148         (1) The Department of Legal Affairs, the state attorneys,
  149  the Department of Corrections, the Department of Juvenile
  150  Justice, the Florida Commission on Offender Review, the State
  151  Courts Administrator and circuit court administrators, the
  152  Department of Law Enforcement, and every sheriff’s department,
  153  police department, or other law enforcement agency as defined in
  154  s. 943.10(4) shall develop and implement guidelines for the use
  155  of their respective agencies, which guidelines are consistent
  156  with the purposes of this act and s. 16(b), Art. I of the State
  157  Constitution and are designed to implement s. 16(b), Art. I of
  158  the State Constitution and to achieve the following objectives:
  159         (b) Information for purposes of notifying victim or
  160  appropriate next of kin of victim or other designated contact of
  161  victim.—In the case of a homicide, pursuant to chapter 782; or a
  162  sexual offense, pursuant to chapter 794; or an attempted murder
  163  or sexual offense, pursuant to chapter 777; or stalking,
  164  pursuant to s. 784.048; or domestic violence, pursuant to s.
  165  25.385:
  166         1. The arresting law enforcement officer or personnel of an
  167  organization that provides assistance to a victim or to the
  168  appropriate next of kin of the victim or other designated
  169  contact must request that the victim or appropriate next of kin
  170  of the victim or other designated contact complete a victim
  171  notification card. However, the victim or appropriate next of
  172  kin of the victim or other designated contact may choose not to
  173  complete the victim notification card.
  174         2. Unless the victim or the appropriate next of kin of the
  175  victim or other designated contact waives the option to complete
  176  the victim notification card, a copy of the victim notification
  177  card must be filed with the incident report or warrant in the
  178  sheriff’s office of the jurisdiction in which the incident
  179  report or warrant originated. The notification card shall, at a
  180  minimum, consist of:
  181         a. The name, address, and phone number of the victim; or
  182         b. The name, address, and phone number of the appropriate
  183  next of kin of the victim; or
  184         c. The name, address, and telephone number of a designated
  185  contact other than the victim or appropriate next of kin of the
  186  victim; and
  187         d. Any relevant identification or case numbers assigned to
  188  the case.
  189         3. The chief administrator, or a person designated by the
  190  chief administrator, of a county jail, municipal jail, juvenile
  191  detention facility, or residential commitment facility shall
  192  make a reasonable attempt to notify the alleged victim or
  193  appropriate next of kin of the alleged victim or other
  194  designated contact within 4 hours following the release of the
  195  defendant on bail or, in the case of a juvenile offender, upon
  196  the release from residential detention or commitment. If the
  197  chief administrator, or designee, is unable to contact the
  198  alleged victim or appropriate next of kin of the alleged victim
  199  or other designated contact by telephone, the chief
  200  administrator, or designee, must send to the alleged victim or
  201  appropriate next of kin of the alleged victim or other
  202  designated contact a written notification of the defendant’s
  203  release.
  204         4. Unless otherwise requested by the victim or the
  205  appropriate next of kin of the victim or other designated
  206  contact, the information contained on the victim notification
  207  card must be sent by the chief administrator, or designee, of
  208  the appropriate facility to the subsequent correctional or
  209  residential commitment facility following the sentencing and
  210  incarceration of the defendant, and unless otherwise requested
  211  by the victim or the appropriate next of kin of the victim or
  212  other designated contact, he or she must be notified of the
  213  release of the defendant from incarceration as provided by law.
  214         5. If the defendant was arrested pursuant to a warrant
  215  issued or taken into custody pursuant to s. 985.101 in a
  216  jurisdiction other than the jurisdiction in which the defendant
  217  is being released, and the alleged victim or appropriate next of
  218  kin of the alleged victim or other designated contact does not
  219  waive the option for notification of release, the chief
  220  correctional officer or chief administrator of the facility
  221  releasing the defendant shall make a reasonable attempt to
  222  immediately notify the chief correctional officer of the
  223  jurisdiction in which the warrant was issued or the juvenile was
  224  taken into custody pursuant to s. 985.101, and the chief
  225  correctional officer of that jurisdiction shall make a
  226  reasonable attempt to notify the alleged victim or appropriate
  227  next of kin of the alleged victim or other designated contact,
  228  as provided in this paragraph, that the defendant has been or
  229  will be released.
  230         Section 7. For the purpose of incorporating the amendment
  231  made by this act to section 985.101, Florida Statutes, in a
  232  reference thereto, subsection (2) of section 985.439, Florida
  233  Statutes, is reenacted to read:
  234         985.439 Violation of probation or postcommitment
  235  probation.—
  236         (2) A child taken into custody under s. 985.101 for
  237  violating the conditions of probation shall be screened and
  238  detained or released based on his or her risk assessment
  239  instrument score.
  240         Section 8. For the purpose of incorporating the amendment
  241  made by this act to section 985.24, Florida Statutes, in a
  242  reference thereto, subsection (1) of section 985.25, Florida
  243  Statutes, is reenacted to read:
  244         985.25 Detention intake.—
  245         (1) The department shall receive custody of a child who has
  246  been taken into custody from the law enforcement agency or court
  247  and shall review the facts in the law enforcement report or
  248  probable cause affidavit and make such further inquiry as may be
  249  necessary to determine whether detention care is appropriate.
  250         (a) During the period of time from the taking of the child
  251  into custody to the date of the detention hearing, the initial
  252  decision as to the child’s placement into detention care shall
  253  be made by the department under ss. 985.24 and 985.245(1).
  254         (b) The department shall base the decision whether to place
  255  the child into detention care on an assessment of risk in
  256  accordance with the risk assessment instrument and procedures
  257  developed by the department under s. 985.245, except that a
  258  child shall be placed in secure detention care until the child’s
  259  detention hearing if the child meets the criteria specified in
  260  s. 985.255(1)(f) or is charged with possessing or discharging a
  261  firearm on school property in violation of s. 790.115.
  262         (c) If the final score on the child’s risk assessment
  263  instrument indicates detention care is appropriate, but the
  264  department otherwise determines the child should be released,
  265  the department shall contact the state attorney, who may
  266  authorize release.
  267         (d) If the final score on the risk assessment instrument
  268  indicates detention is not appropriate, the child may be
  269  released by the department in accordance with ss. 985.115 and
  270  985.13.
  271  
  272  Under no circumstances shall the department or the state
  273  attorney or law enforcement officer authorize the detention of
  274  any child in a jail or other facility intended or used for the
  275  detention of adults, without an order of the court.
  276         Section 9. This act shall take effect July 1, 2021.