Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 7040
       
       
       
       
       
       
                                Ì467696cÎ467696                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/23/2022           .                                
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       The Committee on Rules (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 58 - 177
    4  and insert:
    5  adjudicatory hearing is completed, in accordance with s.
    6  985.255. However, if a child has served 60 days on supervised
    7  release detention care, the court must conduct a hearing within
    8  15 days, excluding Saturdays, Sundays, and legal holidays, to
    9  determine the need for continued supervised release detention
   10  care. At the hearing, upon good cause being shown that the
   11  nature of the charge requires additional time for the
   12  prosecution or defense of the case or upon consideration of the
   13  totality of the circumstances, including the preservation of
   14  public safety, which may warrant an extension, the court may
   15  order the child to remain on supervised release detention care
   16  until the adjudicatory hearing is completed.
   17         2. Except as provided in paragraph (b) or paragraph (d)
   18  (c), a child may not be held in secure detention care under a
   19  special detention order for more than 21 days unless an
   20  adjudicatory hearing for the case has been commenced in good
   21  faith by the court.
   22         3.This section does not prohibit a court from
   23  transitioning a child who is a prolific juvenile offender
   24  between secure detention care and supervised release detention
   25  care, including electronic monitoring, if the court finds that
   26  such placement is necessary to preserve public safety or to
   27  ensure the child’s safety, appearance in court, or compliance
   28  with any condition of supervised release detention care. Each
   29  period of secure detention care counts toward the time
   30  limitation in this paragraph, whether served consecutively or
   31  nonconsecutively.
   32         (b) Upon good cause being shown that the nature of the
   33  charge requires additional time for the prosecution or defense
   34  of the case or upon the totality of the circumstances, including
   35  the preservation of public safety, warranting an extension, the
   36  court may extend the length of secure detention care for an
   37  additional 9 days if the child is charged with an offense that
   38  would be, if committed by an adult, would be a capital felony, a
   39  life felony, a felony of the first degree, or a felony of the
   40  second degree involving violence against any individual. If the
   41  adjudicatory hearing has not commenced while the child has been
   42  in secure detention care, the court may order the child to be
   43  transitioned to supervised release detention care for up to 60
   44  days. There is a rebuttable presumption that the child should be
   45  released from all forms of supervision after 60 days of any form
   46  of detention care.
   47         (c)If the court has granted a 9-day extension under
   48  paragraph (b) and upon good cause being shown that the nature of
   49  the charge requires additional time for the prosecution or
   50  defense of the case or upon the totality of the circumstances,
   51  including the preservation of public safety, warranting an
   52  extension, the court may extend the length of secure detention
   53  care for another 30 days if the child is a prolific juvenile
   54  offender. To extend the length of secure detention care, the
   55  court must conduct a hearing before the expiration of the
   56  current period, excluding Saturdays, Sundays, and legal
   57  holidays, to determine the need for continuing the secure
   58  detention care of the child. At the hearing, the court must make
   59  the required findings on the record to extend the period of
   60  secure detention care. If the court extends the time period for
   61  secure detention care, it must ensure that an adjudicatory
   62  hearing for the case commences as soon as reasonably possible,
   63  considering the totality of the circumstances, and it must
   64  prioritize the efficient disposition of those cases in which the
   65  child has served 60 or more days in any form of detention.
   66         (d)(c) A prolific juvenile offender under s. 985.255(1)(f)
   67  shall be placed on supervised release detention care with
   68  electronic monitoring or in secure detention care under a
   69  special detention order until disposition. If secure detention
   70  care is ordered by the court, it must be authorized under this
   71  part and may not exceed:
   72         1. Twenty-one days unless an adjudicatory hearing for the
   73  case has been commenced in good faith by the court or the period
   74  is extended by the court pursuant to paragraph (c) (b); or
   75         2. Fifteen days after the entry of an order of
   76  adjudication.
   77  
   78  As used in this paragraph, the term “disposition” means a
   79  declination to file under s. 985.15(1)(h), the entry of nolle
   80  prosequi for the charges, the filing of an indictment under s.
   81  985.56 or an information under s. 985.557, a dismissal of the
   82  case, or an order of final disposition by the court.
   83         (e)(d) A prolific juvenile offender under s. 985.255(1)(f)
   84  who is taken into custody for a violation of the conditions of
   85  his or her supervised release detention must be held in secure
   86  detention until a detention hearing is held.
   87         (3) Except as provided in subsection (2), a child may not
   88  be held in detention care for more than 15 days following the
   89  entry of an order of adjudication.
   90         (4)(a) The time limits in subsections (2) and (3) do not
   91  include periods of delay resulting from a continuance granted by
   92  the court for cause on motion of the child or his or her counsel
   93  or of the state. Upon the issuance of an order granting a
   94  continuance for cause on a motion by either the child, the
   95  child’s counsel, or the state, the court shall conduct a hearing
   96  at the end of each 72-hour period, excluding Saturdays, Sundays,
   97  and legal holidays, to determine the need for continued
   98  detention of the child and the need for further continuance of
   99  proceedings for the child or the state.
  100         (b) Any The period of for supervised release detention care
  101  under this section is tolled on the date that the department or
  102  a law enforcement officer alleges that the child has violated a
  103  condition of the child’s supervised release detention care until
  104  the court enters a ruling on the violation. Notwithstanding the
  105  tolling of supervised release detention care, the court retains
  106  jurisdiction over the child for a violation of a condition of
  107  supervised release detention care during the tolling period. If
  108  the court finds that a child has violated his or her supervised
  109  release detention care, the number of days that the child served
  110  in any type of detention care before commission of the violation
  111  shall be excluded from the time limits under subsections (2) and
  112  (3).
  113         (5) A child who was not in secure detention at the time of
  114  the adjudicatory hearing, but for whom residential commitment is
  115  anticipated or recommended, may be placed under a special
  116  detention order for a period not to exceed 72 hours, excluding
  117  weekends and legal holidays, for the purpose of conducting a
  118  comprehensive evaluation as provided in s. 985.185. Motions for
  119  the issuance of such special detention order may be made
  120  subsequent to a finding of delinquency. Upon said motion, the
  121  court shall conduct a hearing to determine the appropriateness
  122  of such special detention order and shall order the least
  123  restrictive level of detention necessary to complete the
  124  comprehensive evaluation process that is consistent with public
  125  safety. Such special detention order may be extended for an
  126  additional 72 hours upon further order of the court.
  127         (6) If a child is detained and a petition for delinquency
  128  is filed, the child must shall be arraigned in accordance with
  129  the Florida Rules of Juvenile Procedure within 48 hours after
  130  the filing of the petition for delinquency.
  131         (7) Any electronic monitoring ordered by a court as a
  132  condition of supervised release detention care pursuant to this
  133  section may be supervised by the department, a law enforcement
  134  agency, or the department and a law enforcement agency working
  135  in partnership. However, this subsection does not require a law
  136  enforcement agency to supervise a child placed on electronic
  137  monitoring, and it does not authorize a law enforcement agency
  138  to charge a child, or a child’s parent or guardian, for
  139  electronic monitoring.
  140         Section 3. Paragraph (a) of subsection (3) of section
  141  985.255, Florida Statutes, is amended to read
  142         985.255 Detention criteria; detention hearing.—
  143         (3)(a) The purpose of the detention hearing required under
  144  subsection (1) is to determine the existence of probable cause
  145  that the child has committed the delinquent act or violation of
  146  law that he or she is charged with and the need for continued
  147  detention. The court shall use the results of the risk
  148  assessment performed by the department and, based on the
  149  criteria in subsection (1), shall determine the need for
  150  continued detention. If the child is a prolific juvenile
  151  offender who is detained under s. 985.26(2)(d) s. 985.26(2)(c),
  152  the court shall use the results of the risk assessment performed
  153  by the department and the criteria in subsection (1) or
  154  subsection (2) only to determine whether the prolific juvenile
  155  offender should be held in secure detention.
  156  
  157  ================= T I T L E  A M E N D M E N T ================
  158  And the title is amended as follows:
  159         Delete lines 21 - 30
  160  and insert:
  161         circumstances; authorizing a court to order a child to
  162         be transitioned to supervised release detention care
  163         under certain circumstances; providing a rebuttable
  164         presumption; authorizing a court to extend the length
  165         of secure detention care under specified
  166         circumstances; requiring a court to make specified
  167         findings on the record; requiring a court to conduct a
  168         hearing to extend the length of secure detention care;
  169         revising provisions relating to supervised release
  170         detention care and its exclusion from specified time
  171         limitations; authorizing certain electronic monitoring
  172         ordered by a court to be supervised by the Department
  173         of Juvenile Justice or a law enforcement agency, or
  174         both; providing construction; amending s. 985.255,
  175         F.S.; conforming a cross-reference; providing an
  176         effective date.