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 ageunder the40age of 18or 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 beforeprior to the timethat person reached 43the age of18 years of age. 44 Section 2. Section 985.031, Florida Statutes, is created to 45 read: 46 985.031 Age 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 70shallinclude 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 mustshallbe 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 ThisNothing in thissubsection may notshallbe 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.