Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SPB 7040
       
       
       
       
       
       
                                Ì851600iÎ851600                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2022           .                                
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 41 - 100
    4  and insert:
    5  by the department or ordered by the court, including electronic
    6  monitoring, when the court finds such condition necessary to
    7  preserve public safety or to ensure the child’s safety or
    8  appearance in court.
    9         Section 2. Section 985.26, Florida Statutes, is amended to
   10  read:
   11         985.26 Length of detention.—
   12         (1) A child may not be placed into or held in detention
   13  care for longer than 24 hours unless the court orders such
   14  detention care, and the order includes specific instructions
   15  that direct the release of the child from such detention care,
   16  in accordance with s. 985.255. The order shall be a final order,
   17  reviewable by appeal under s. 985.534 and the Florida Rules of
   18  Appellate Procedure. Appeals of such orders shall take
   19  precedence over other appeals and other pending matters.
   20         (2)(a)1. A court may order that a child be placed on
   21  supervised release detention care for any time period until the
   22  adjudicatory hearing is completed. However, if a child has
   23  served 75 days on supervised release detention care, the court
   24  must conduct a hearing within 15 days, excluding Saturdays,
   25  Sundays, and legal holidays, to determine the need for continued
   26  supervised release detention care. At the hearing, upon good
   27  cause being shown that the nature of the charge requires
   28  additional time for the prosecution or defense of the case or
   29  upon consideration of the totality of the circumstances,
   30  including the preservation of public safety, which may warrant
   31  an extension, the court may order the child to remain on
   32  supervised release detention care until the adjudicatory hearing
   33  is completed.
   34         2. Except as provided in paragraph (b) or paragraph (c), a
   35  child may not be held in secure detention care under a special
   36  detention order for more than 21 days unless an adjudicatory
   37  hearing for the case has been commenced in good faith by the
   38  court.
   39         3. This section does not prohibit a court from
   40  transitioning a child between secure detention care and
   41  supervised release detention care, including electronic
   42  monitoring, if the court finds that such placement is necessary
   43  to preserve public safety or to ensure the child’s safety,
   44  appearance in court, or compliance with any condition of
   45  supervised release detention care. Each period of secure
   46  detention care counts toward the time limitation in this
   47  paragraph, whether served consecutively or nonconsecutively.
   48         (b) Upon good cause being shown that the nature of the
   49  charge requires additional time for the prosecution or defense
   50  of the case or upon the totality of the circumstances, including
   51  the preservation of public safety, warranting an extension, the
   52  court may extend the length of secure detention care for up to
   53  21 an additional 9 days if the child is charged with an offense
   54  that would be, if committed by an adult, would be a capital
   55  felony, a life felony, a felony of the first or second degree,
   56  or a felony of the third second degree involving violence
   57  against any individual. The court may continue to extend the
   58  period of secure detention care in increments of up to 21 days
   59  by conducting a hearing before the expiration of the current
   60  period, excluding Saturdays, Sundays, and legal holidays, to
   61  determine the need for continuing the secure detention care of
   62  the child. At the hearing, the court must make the required
   63  findings in writing to extend the period of secure detention
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 9 - 10
   67  and insert:
   68         care for any time period until the adjudicatory
   69         hearing is completed; requiring a court to