Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 7040
       
       
       
       
       
       
                                Ì793404ÊÎ793404                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/23/2022           .                                
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       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 37 - 96
    4  and insert:
    5         that section, and present subsection (3) is amended to
    6  read:
    7         985.24 Use of detention; prohibitions.—
    8         (2) A child who is placed on supervised release detention
    9  care must comply with any available condition established by the
   10  department or ordered by the court, including electronic
   11  monitoring, if the court finds such a condition is necessary to
   12  preserve public safety or to ensure the child’s safety or
   13  appearance in court.
   14  	(4)(3) A child who is alleged to be dependent under chapter
   15  39, but who is not alleged to have committed a delinquent act or
   16  violation of law, may not, under any circumstances, be placed
   17  into secure detention care.
   18         Section 2. Section 985.26, Florida Statutes, is amended to
   19  read:
   20         985.26 Length of detention.—
   21         (1) A child may not be placed into or held in detention
   22  care for longer than 24 hours unless the court orders such
   23  detention care, and the order includes specific instructions
   24  that direct the release of the child from such detention care,
   25  in accordance with s. 985.255. The order shall be a final order,
   26  reviewable by appeal under s. 985.534 and the Florida Rules of
   27  Appellate Procedure. Appeals of such orders shall take
   28  precedence over other appeals and other pending matters.
   29         (2)(a)1. A court may order that a child be placed on
   30  supervised release detention care for any time period until the
   31  adjudicatory hearing is completed. However, if a child has
   32  served 60 days on supervised release detention care, the court
   33  must conduct a hearing within 15 days after the 60th day, to
   34  determine the need for continued supervised release detention
   35  care. At the hearing, upon good cause being shown that the
   36  nature of the charge requires additional time for the
   37  prosecution or defense of the case or upon consideration of the
   38  totality of the circumstances, including the preservation of
   39  public safety, warranting an extension, the court may order the
   40  child to remain on supervised release detention care until the
   41  adjudicatory hearing is completed.
   42         2. Except as provided in paragraph (b) or paragraph (c), a
   43  child may not be held in secure detention care under a special
   44  detention order for more than 21 days unless an adjudicatory
   45  hearing for the case has been commenced in good faith by the
   46  court.
   47         3. This section does not prohibit a court from
   48  transitioning a child between secure detention care and
   49  supervised release detention care, including electronic
   50  monitoring, if the court finds that such placement is necessary
   51  to preserve public safety or to ensure the child’s safety,
   52  appearance in court, or compliance with any condition of
   53  supervised release detention care. Each period of secure
   54  detention care or supervised release detention care counts
   55  toward the time limitations in this paragraph, whether served
   56  consecutively or nonconsecutively.
   57         (b) Upon good cause being shown that the nature of the
   58  charge requires additional time for the prosecution or defense
   59  of the case or upon the totality of the circumstances, including
   60  the preservation of public safety, warranting an extension, the
   61  court may extend the length of secure detention care for up to
   62  21 an additional 9 days if the child is charged with an offense
   63  that would be, if committed by an adult, would be a capital
   64  felony, a life felony, a felony of the first or second degree,
   65  or a felony of the third second degree involving violence
   66  against any individual. The court may continue to extend the
   67  period of secure detention care in increments of up to 21 days
   68  by conducting a hearing before the expiration of the current
   69  period to
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Between lines 6 and 7
   73  insert:
   74         authorizing a dependent child with a delinquency
   75         charge to be placed in secure detention care;