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.