Bill Text: FL S0640 | 2021 | Regular Session | Comm Sub
Bill Title: Prosecuting Children as Adults
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0640 Detail]
Download: Florida-2021-S0640-Comm_Sub.html
Florida Senate - 2021 CS for SB 640
By the Committee on Criminal Justice; and Senators Powell and
Farmer
591-02932A-21 2021640c1
1 A bill to be entitled
2 An act relating to prosecuting children as adults;
3 amending s. 985.556, F.S.; deleting provisions under
4 which a state attorney must either request a court to
5 transfer and certify children of certain ages who
6 commit specified crimes for prosecution as adults or
7 provide written reasons to the court for not making
8 such a request, or must proceed under certain
9 provisions; amending s. 985.557, F.S.; revising the
10 circumstances under which a state attorney may file an
11 information in cases that involve children of certain
12 ages who commit certain crimes; amending s. 985.56,
13 F.S.; providing that children 14 years of age or
14 older, rather than children of any age, who are
15 charged with certain offenses are subject to the
16 jurisdiction of the court until an indictment is
17 returned by the grand jury; prohibiting the transfer
18 of a child to adult court for criminal prosecution of
19 an indictable offense until the child’s competency has
20 been restored, if the child has a pending competency
21 hearing or previously has been found incompetent and
22 has not been restored to competency by a court;
23 providing for the tolling of certain time limits;
24 authorizing, rather than requiring, a child who is
25 found to have committed specified crimes to be
26 sentenced according to certain provisions; amending s.
27 985.565, F.S.; authorizing, rather than requiring, a
28 child to be sentenced as an adult if the child is
29 found to have committed an offense punishable by death
30 or life imprisonment; conforming provisions to changes
31 made by the act; amending s. 985.03, F.S.; conforming
32 a cross-reference; reenacting s. 985.265(5), F.S.,
33 relating to detention transfer and release, education,
34 and adult jails, to incorporate the amendments made to
35 ss. 985.556 and 985.557, F.S., in references thereto;
36 reenacting s. 985.15(1), F.S., relating to filing
37 decisions, to incorporate the amendments made to ss.
38 985.556 and 985.557, F.S., in references thereto;
39 reenacting s. 985.26(2)(c), F.S., relating to the
40 length of detention, to incorporate the amendments
41 made to ss. 985.557 and 985.56, F.S., in references
42 thereto; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Subsections (2) and (3) of section 985.556,
47 Florida Statutes, are amended, and subsection (1) of that
48 section is republished, to read:
49 985.556 Waiver of juvenile court jurisdiction; hearing.—
50 (1) VOLUNTARY WAIVER.—The court shall transfer and certify
51 a child’s criminal case for trial as an adult if the child is
52 alleged to have committed a violation of law and, prior to the
53 commencement of an adjudicatory hearing, the child, joined by a
54 parent or, in the absence of a parent, by the guardian or
55 guardian ad litem, demands in writing to be tried as an adult.
56 Once a child has been transferred for criminal prosecution
57 pursuant to a voluntary waiver hearing and has been found to
58 have committed the presenting offense or a lesser included
59 offense, the child shall be handled thereafter in every respect
60 as an adult for any subsequent violation of state law, unless
61 the court imposes juvenile sanctions under s. 985.565(4)(b).
62 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
63 subsection (3), The state attorney may file a motion requesting
64 the court to transfer the child for criminal prosecution if the
65 child was 14 years of age or older at the time the alleged
66 delinquent act or violation of law was committed.
67 (3) INVOLUNTARY MANDATORY WAIVER.—
68 (a) If the child was 14 years of age or older, and if the
69 child has been previously adjudicated delinquent for an act
70 classified as a felony, which adjudication was for the
71 commission of, attempt to commit, or conspiracy to commit
72 murder, sexual battery, armed or strong-armed robbery,
73 carjacking, home-invasion robbery, aggravated battery,
74 aggravated assault, or burglary with an assault or battery, and
75 the child is currently charged with a second or subsequent
76 violent crime against a person; or
77 (b) If the child was 14 years of age or older at the time
78 of commission of a fourth or subsequent alleged felony offense
79 and the child was previously adjudicated delinquent or had
80 adjudication withheld for or was found to have committed, or to
81 have attempted or conspired to commit, three offenses that are
82 felony offenses if committed by an adult, and one or more of
83 such felony offenses involved the use or possession of a firearm
84 or violence against a person;
85
86 the state attorney shall request the court to transfer and
87 certify the child for prosecution as an adult or shall provide
88 written reasons to the court for not making such request, or
89 proceed under s. 985.557(1). Upon the state attorney’s request,
90 the court shall either enter an order transferring the case and
91 certifying the case for trial as if the child were an adult or
92 provide written reasons for not issuing such an order.
93 Section 2. Section 985.557, Florida Statutes, is amended to
94 read:
95 985.557 Prosecuting children as adults Direct filing of an
96 information; discretionary criteria.—
97 (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
98 FILE.—
99 (a) With respect to any child who was 14 or 15 years of age
100 at the time the alleged offense was committed, the state
101 attorney may file an information when in the state attorney’s
102 judgment and discretion the public interest requires that adult
103 sanctions be considered or imposed and when the offense charged
104 is for the commission of, attempt to commit, or conspiracy to
105 commit:
106 1. Arson;
107 2. Sexual battery;
108 3. Robbery;
109 4. Kidnapping;
110 5. Aggravated child abuse;
111 6. Aggravated assault;
112 7. Aggravated stalking;
113 8. Murder;
114 9. Manslaughter;
115 10. Unlawful throwing, placing, or discharging of a
116 destructive device or bomb;
117 11. Armed burglary in violation of s. 810.02(2)(b) or
118 specified burglary of a dwelling or structure in violation of s.
119 810.02(2)(c), or burglary with an assault or battery in
120 violation of s. 810.02(2)(a);
121 12. Aggravated battery;
122 13. Any lewd or lascivious offense committed upon or in the
123 presence of a person less than 16 years of age;
124 14. Carrying, displaying, using, threatening, or attempting
125 to use a weapon or firearm during the commission of a felony;
126 15. Grand theft in violation of s. 812.014(2)(a);
127 16. Possessing or discharging any weapon or firearm on
128 school property in violation of s. 790.115;
129 17. Home invasion robbery;
130 18. Carjacking; or
131 19. Grand theft of a motor vehicle in violation of s.
132 812.014(2)(c)6. or grand theft of a motor vehicle valued at
133 $20,000 or more in violation of s. 812.014(2)(b) if the child
134 has a previous adjudication for grand theft of a motor vehicle
135 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
136 (b) With respect to any child who was 16 or 17 years of age
137 at the time the alleged forcible felony, as defined in s.
138 776.08, offense was committed, the state attorney may file an
139 information when in the state attorney’s judgment and discretion
140 the public interest requires that adult sanctions be considered
141 or imposed. However, the state attorney may not file an
142 information on a child charged with a misdemeanor, unless the
143 child has had at least two previous adjudications or
144 adjudications withheld for delinquent acts, one of which
145 involved an offense classified as a forcible felony under state
146 law.
147 (2) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
148 FILE.—
149 (a) Once a child has been transferred for criminal
150 prosecution pursuant to an information and has been found to
151 have committed the presenting offense or a lesser included
152 offense, the child shall be handled thereafter in every respect
153 as if an adult for any subsequent violation of state law, unless
154 the court imposes juvenile sanctions under s. 985.565.
155 (b) When a child is transferred for criminal prosecution as
156 an adult, the court shall immediately transfer and certify to
157 the adult circuit court all felony cases pertaining to the
158 child, for prosecution of the child as an adult, which have not
159 yet resulted in a plea of guilty or nolo contendere or in which
160 a finding of guilt has not been made. If a child is acquitted of
161 all charged offenses or lesser included offenses contained in
162 the original case transferred to adult court, all felony cases
163 that were transferred to adult court as a result of this
164 paragraph shall be subject to the same penalties to which such
165 cases would have been subject before being transferred to adult
166 court.
167 (c) When a child has been transferred for criminal
168 prosecution as an adult and has been found to have committed a
169 violation of state law, the disposition of the case may be made
170 under s. 985.565 and may include the enforcement of any
171 restitution ordered in any juvenile proceeding.
172 (3) CHARGES INCLUDED ON INFORMATION.—An information filed
173 pursuant to this section may include all charges that are based
174 on the same act, criminal episode, or transaction as the primary
175 offenses.
176 Section 3. Section 985.56, Florida Statutes, is amended to
177 read:
178 985.56 Indictment of a juvenile.—
179 (1) A child 14 years of age or older of any age who is
180 charged with a violation of state law punishable by death or by
181 life imprisonment is subject to the jurisdiction of the court as
182 set forth in s. 985.0301(2) unless and until an indictment on
183 the charge is returned by the grand jury. When such indictment
184 is returned, the petition for delinquency, if any, must be
185 dismissed and the child must be tried and handled in every
186 respect as an adult:
187 (a) On the indictable offense punishable by death or by
188 life imprisonment; and
189 (b) On all other felonies or misdemeanors charged in the
190 indictment which are based on the same act or transaction as the
191 indictable offense punishable by death or by life imprisonment
192 or on one or more acts or transactions connected with the
193 offense punishable by death or by life imprisonment.
194 (2) An adjudicatory hearing may not be held until 21 days
195 after the child is taken into custody and charged with having
196 committed an indictable offense punishable by death or by life
197 imprisonment, unless the state attorney advises the court in
198 writing that he or she does not intend to present the case to
199 the grand jury, or has presented the case to the grand jury and
200 the grand jury has not returned an indictment. If the court
201 receives such a notice from the state attorney, or if the grand
202 jury fails to act within the 21-day period, the court may
203 proceed as otherwise authorized under this part.
204 (3) Notwithstanding any other law, a child who commits an
205 offense for which he or she may be indicted and who has a
206 pending competency hearing in juvenile court or who previously
207 has been found to be incompetent and has not been restored to
208 competency by a court may not be transferred to adult court for
209 criminal prosecution until the child’s competency is restored. A
210 pending competency hearing or a finding of incompetency tolls
211 the time limits in subsection (2). If the child is found to have
212 committed the offense punishable by death or by life
213 imprisonment, the child may shall be sentenced pursuant to s.
214 985.565 as an adult. If the juvenile is not found to have
215 committed the indictable offense but is found to have committed
216 a lesser included offense or any other offense for which he or
217 she was indicted as a part of the criminal episode, the court
218 may sentence under s. 985.565.
219 (4)(a) If Once a child has been indicted pursuant to this
220 section and has been found to have committed any offense for
221 which he or she was indicted as a part of the criminal episode,
222 the child must shall be handled thereafter in every respect as
223 if an adult for any subsequent violation of state law, unless
224 the court imposes juvenile sanctions under s. 985.565.
225 (b) If When a child has been indicted pursuant to this
226 section, the court must shall immediately transfer and certify
227 to the adult circuit court all felony cases pertaining to the
228 child, for prosecution of the child as an adult, which have not
229 yet resulted in a plea of guilty or nolo contendere or in which
230 a finding of guilt has not been made. If the child is acquitted
231 of all charged offenses or lesser included offenses contained in
232 the indictment case, all felony cases that were transferred to
233 adult court pursuant to this paragraph must shall be subject to
234 the same penalties such cases were subject to before being
235 transferred to adult court.
236 Section 4. Paragraphs (a) and (b) of subsection (4) of
237 section 985.565, Florida Statutes, are amended to read:
238 985.565 Sentencing powers; procedures; alternatives for
239 juveniles prosecuted as adults.—
240 (4) SENTENCING ALTERNATIVES.—
241 (a) Adult sanctions.—
242 1. Cases prosecuted on indictment.—If the child is found to
243 have committed the offense punishable by death or life
244 imprisonment, the child may shall be sentenced as an adult. If
245 the juvenile is not found to have committed the indictable
246 offense but is found to have committed a lesser included offense
247 or any other offense for which he or she was indicted as a part
248 of the criminal episode, the court may sentence as follows:
249 a. As an adult;
250 b. Under chapter 958; or
251 c. As a juvenile under this section.
252 2. Other cases.—If a child who has been transferred for
253 criminal prosecution pursuant to information or waiver of
254 juvenile court jurisdiction is found to have committed a
255 violation of state law or a lesser included offense for which he
256 or she was charged as a part of the criminal episode, the court
257 may sentence as follows:
258 a. As an adult;
259 b. Under chapter 958; or
260 c. As a juvenile under this section.
261 3. Notwithstanding any other provision to the contrary, if
262 the state attorney is required to file a motion to transfer and
263 certify the juvenile for prosecution as an adult under s.
264 985.556(3) and that motion is granted, the court must impose
265 adult sanctions.
266 4. Any sentence imposing adult sanctions is presumed
267 appropriate, and the court is not required to set forth specific
268 findings or enumerate the criteria in this subsection as any
269 basis for its decision to impose adult sanctions.
270 4.5. When a child has been transferred for criminal
271 prosecution as an adult and has been found to have committed a
272 violation of state law, the disposition of the case may include
273 the enforcement of any restitution ordered in any juvenile
274 proceeding.
275 (b) Juvenile sanctions.—For juveniles transferred to adult
276 court but who do not qualify for such transfer under s.
277 985.556(3), the court may impose juvenile sanctions under this
278 paragraph. If juvenile sentences are imposed, the court shall,
279 under this paragraph, adjudge the child to have committed a
280 delinquent act. Adjudication of delinquency may not be deemed a
281 conviction, nor shall it operate to impose any of the civil
282 disabilities ordinarily resulting from a conviction. The court
283 shall impose an adult sanction or a juvenile sanction and may
284 not sentence the child to a combination of adult and juvenile
285 punishments. An adult sanction or a juvenile sanction may
286 include enforcement of an order of restitution or probation
287 previously ordered in any juvenile proceeding. However, if the
288 court imposes a juvenile sanction and the department determines
289 that the sanction is unsuitable for the child, the department
290 shall return custody of the child to the sentencing court for
291 further proceedings, including the imposition of adult
292 sanctions. Upon adjudicating a child delinquent under subsection
293 (1), the court may:
294 1. Place the child in a probation program under the
295 supervision of the department for an indeterminate period of
296 time until the child reaches the age of 19 years or sooner if
297 discharged by order of the court.
298 2. Commit the child to the department for treatment in an
299 appropriate program for children for an indeterminate period of
300 time until the child is 21 or sooner if discharged by the
301 department. The department shall notify the court of its intent
302 to discharge no later than 14 days before discharge. Failure of
303 the court to timely respond to the department’s notice shall be
304 considered approval for discharge.
305 3. Order disposition under ss. 985.435, 985.437, 985.439,
306 985.441, 985.45, and 985.455 as an alternative to youthful
307 offender or adult sentencing if the court determines not to
308 impose youthful offender or adult sanctions.
309
310 It is the intent of the Legislature that the criteria and
311 guidelines in this subsection are mandatory and that a
312 determination of disposition under this subsection is subject to
313 the right of the child to appellate review under s. 985.534.
314 Section 5. Subsection (54) of section 985.03, Florida
315 Statutes, is amended to read:
316 985.03 Definitions.—As used in this chapter, the term:
317 (54) “Waiver hearing” means a hearing provided for under s.
318 985.556(3) s. 985.556(4).
319 Section 6. For the purpose of incorporating the amendments
320 made by this act to sections 985.556 and 985.557, Florida
321 Statutes, in references thereto, subsection (5) of section
322 985.265, Florida Statutes, is reenacted to read:
323 985.265 Detention transfer and release; education; adult
324 jails.—
325 (5) The court shall order the delivery of a child to a jail
326 or other facility intended or used for the detention of adults:
327 (a) When the child has been transferred or indicted for
328 criminal prosecution as an adult under part X, except that the
329 court may not order or allow a child alleged to have committed a
330 misdemeanor who is being transferred for criminal prosecution
331 pursuant to either s. 985.556 or s. 985.557 to be detained or
332 held in a jail or other facility intended or used for the
333 detention of adults; however, such child may be held temporarily
334 in a detention facility; or
335 (b) When a child taken into custody in this state is wanted
336 by another jurisdiction for prosecution as an adult.
337
338 The child shall be housed separately from adult inmates to
339 prohibit a child from having regular contact with incarcerated
340 adults, including trusties. “Regular contact” means sight and
341 sound contact. Separation of children from adults shall permit
342 no more than haphazard or accidental contact. The receiving jail
343 or other facility shall contain a separate section for children
344 and shall have an adequate staff to supervise and monitor the
345 child’s activities at all times. Supervision and monitoring of
346 children includes physical observation and documented checks by
347 jail or receiving facility supervisory personnel at intervals
348 not to exceed 10 minutes. This subsection does not prohibit
349 placing two or more children in the same cell. Under no
350 circumstances shall a child be placed in the same cell with an
351 adult.
352 Section 7. For the purpose of incorporating the amendments
353 made by this act to sections 985.556 and 985.557, Florida
354 Statutes, in references thereto, subsection (1) of section
355 985.15, Florida Statutes, is reenacted to read:
356 985.15 Filing decisions.—
357 (1) The state attorney may in all cases take action
358 independent of the action or lack of action of the juvenile
359 probation officer and shall determine the action that is in the
360 best interest of the public and the child. If the child meets
361 the criteria requiring prosecution as an adult under s. 985.556,
362 the state attorney shall request the court to transfer and
363 certify the child for prosecution as an adult or shall provide
364 written reasons to the court for not making such a request. In
365 all other cases, the state attorney may:
366 (a) File a petition for dependency;
367 (b) File a petition under chapter 984;
368 (c) File a petition for delinquency;
369 (d) File a petition for delinquency with a motion to
370 transfer and certify the child for prosecution as an adult;
371 (e) File an information under s. 985.557;
372 (f) Refer the case to a grand jury;
373 (g) Refer the child to a diversionary, pretrial
374 intervention, arbitration, or mediation program, or to some
375 other treatment or care program if such program commitment is
376 voluntarily accepted by the child or the child’s parents or
377 legal guardian; or
378 (h) Decline to file.
379 Section 8. For the purpose of incorporating the amendments
380 made by this act to sections 985.557 and 985.56, Florida
381 Statutes, in references thereto, paragraph (c) of subsection (2)
382 of section 985.26, Florida Statutes, is reenacted to read:
383 985.26 Length of detention.—
384 (2)
385 (c) A prolific juvenile offender under s. 985.255(1)(f)
386 shall be placed on supervised release detention care with
387 electronic monitoring or in secure detention care under a
388 special detention order until disposition. If secure detention
389 care is ordered by the court, it must be authorized under this
390 part and may not exceed:
391 1. Twenty-one days unless an adjudicatory hearing for the
392 case has been commenced in good faith by the court or the period
393 is extended by the court pursuant to paragraph (b); or
394 2. Fifteen days after the entry of an order of
395 adjudication.
396
397 As used in this paragraph, the term “disposition” means a
398 declination to file under s. 985.15(1)(h), the entry of nolle
399 prosequi for the charges, the filing of an indictment under s.
400 985.56 or an information under s. 985.557, a dismissal of the
401 case, or an order of final disposition by the court.
402 Section 9. This act shall take effect July 1, 2021.
