Bill Text: FL S0936 | 2018 | Regular Session | Introduced


Bill Title: Juvenile Justice

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-01-17 - On Committee agenda-- Criminal Justice, 01/22/18, 3:30 pm, 37 Senate Office Building [S0936 Detail]

Download: Florida-2018-S0936-Introduced.html
       Florida Senate - 2018                                     SB 936
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01093-18                                            2018936__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         944.292, F.S.; creating an exception to the suspension
    4         of civil rights upon the conviction of a felony for
    5         children convicted as adults; amending s. 985.556,
    6         F.S.; deleting provisions requiring that a state
    7         attorney request the court to transfer and certify a
    8         child for prosecution as an adult under certain
    9         circumstances; revising the factors that a court must
   10         consider when determining whether a child should be
   11         transferred to adult court; amending s. 985.557, F.S.;
   12         eliminating discretionary direct filing for children
   13         of specified ages; revising the list of crimes for
   14         which children of specified ages who are charged with
   15         committing, attempting to commit, or conspiring to
   16         commit may have an information filed against them by a
   17         state attorney; requiring specified information to be
   18         included in certain orders; requiring chief judges of
   19         the judicial circuits to periodically collect and
   20         report certain data to the Department of Juvenile
   21         Justice; deleting provisions requiring that a child be
   22         prosecuted as an adult if the child committed or
   23         attempted to commit specified crimes; deleting
   24         provisions relating to sentencing a child who commits
   25         or attempts to commit specified crimes; requiring
   26         children of certain ages who are convicted and
   27         sentenced to the Department of Corrections to be kept
   28         completely separated from adult offenders in the
   29         facility; authorizing a child who is transferred to
   30         adult court to request, in writing, a hearing before
   31         the court to determine whether he or she shall remain
   32         in adult court; requiring the court to consider
   33         specified facts in determining whether the public
   34         safety would be served by retaining jurisdiction;
   35         authorizing the court to transfer a child back to a
   36         juvenile court; prohibiting the transfer of a child to
   37         adult court until his or her competency is restored in
   38         certain circumstances; requiring the department,
   39         beginning on a specified date, to collect specified
   40         information relating to children who qualify for
   41         prosecution as adults and children who are transferred
   42         for criminal prosecution as adults; requiring the
   43         department to work with the Office of Program Policy
   44         Analysis and Government Accountability to generate a
   45         report analyzing the data of juveniles transferred for
   46         prosecution as adults during a certain period and
   47         provide such report to the Governor and Legislature by
   48         a specified date; requiring the department to work
   49         with the Office of Program Policy Analysis and
   50         Government Accountability to generate an annual report
   51         analyzing certain data and provide such report to the
   52         Governor and Legislature by a specified date; amending
   53         s. 985.56, F.S.; providing a minimum age limit for
   54         children who are subject to the jurisdiction of a
   55         court if they are charged with a violation punishable
   56         by death or life imprisonment; prohibiting the
   57         transfer of a child to adult court until his or her
   58         competency is restored in certain circumstances;
   59         providing for the tolling of time limits for specified
   60         purposes; making technical changes; amending s.
   61         985.565, F.S.; revising the criteria to be used in
   62         determining whether to impose juvenile or adult
   63         sanctions; deleting provisions requiring the
   64         sentencing of children who commit offenses punishable
   65         by death or life imprisonment or other specified
   66         offenses; conforming provisions to changes made by the
   67         act; amending s. 985.03, F.S.; conforming a cross
   68         reference; amending s. 985.15, F.S.; conforming
   69         provisions to changes made by the act; amending s.
   70         985.265, F.S.; authorizing, rather than requiring, a
   71         court to order a child to be housed in an adult
   72         detention facility in certain circumstances;
   73         reenacting s. 985.26(2)(c), F.S., relating to the
   74         definition of the term “disposition,” to incorporate
   75         the amendments made to ss. 985.557 and 985.56, F.S.,
   76         in references thereto; reenacting s. 985.514(3), F.S.,
   77         relating to responsibility for cost of care and fees,
   78         to incorporate the amendment made to s. 985.565, F.S.,
   79         in a reference thereto; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Subsection (1) of section 944.292, Florida
   84  Statutes, is amended to read:
   85         944.292 Suspension of civil rights.—
   86         (1) Upon conviction of a felony as defined in s. 10, Art. X
   87  of the State Constitution, the civil rights of the person
   88  convicted, except for a child convicted as an adult pursuant to
   89  s. 985.56, s. 985.556, or s. 985.557, shall be suspended in
   90  Florida until such rights are restored by a full pardon,
   91  conditional pardon, or restoration of civil rights granted
   92  pursuant to s. 8, Art. IV of the State Constitution.
   93         Section 2. Subsections (2) through (5) of section 985.556,
   94  Florida Statutes, are amended, and subsection (1) of that
   95  section is republished, to read:
   96         985.556 Waiver of juvenile court jurisdiction; hearing.—
   97         (1) VOLUNTARY WAIVER.—The court shall transfer and certify
   98  a child’s criminal case for trial as an adult if the child is
   99  alleged to have committed a violation of law and, prior to the
  100  commencement of an adjudicatory hearing, the child, joined by a
  101  parent or, in the absence of a parent, by the guardian or
  102  guardian ad litem, demands in writing to be tried as an adult.
  103  Once a child has been transferred for criminal prosecution
  104  pursuant to a voluntary waiver hearing and has been found to
  105  have committed the presenting offense or a lesser included
  106  offense, the child shall be handled thereafter in every respect
  107  as an adult for any subsequent violation of state law, unless
  108  the court imposes juvenile sanctions under s. 985.565(4)(b).
  109         (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
  110  subsection (3), The state attorney may file a motion requesting
  111  the court to transfer the child for criminal prosecution if the
  112  child was 14 years of age or older at the time the alleged
  113  delinquent act or violation of law was committed.
  114         (3)INVOLUNTARY MANDATORY WAIVER.—
  115         (a)If the child was 14 years of age or older, and if the
  116  child has been previously adjudicated delinquent for an act
  117  classified as a felony, which adjudication was for the
  118  commission of, attempt to commit, or conspiracy to commit
  119  murder, sexual battery, armed or strong-armed robbery,
  120  carjacking, home-invasion robbery, aggravated battery,
  121  aggravated assault, or burglary with an assault or battery, and
  122  the child is currently charged with a second or subsequent
  123  violent crime against a person; or
  124         (b)If the child was 14 years of age or older at the time
  125  of commission of a fourth or subsequent alleged felony offense
  126  and the child was previously adjudicated delinquent or had
  127  adjudication withheld for or was found to have committed, or to
  128  have attempted or conspired to commit, three offenses that are
  129  felony offenses if committed by an adult, and one or more of
  130  such felony offenses involved the use or possession of a firearm
  131  or violence against a person;
  132  
  133  the state attorney shall request the court to transfer and
  134  certify the child for prosecution as an adult or shall provide
  135  written reasons to the court for not making such request, or
  136  proceed under s. 985.557(1). Upon the state attorney’s request,
  137  the court shall either enter an order transferring the case and
  138  certifying the case for trial as if the child were an adult or
  139  provide written reasons for not issuing such an order.
  140         (3)(4) WAIVER HEARING BEFORE A JUDGE.—
  141         (a) Within 7 days, excluding Saturdays, Sundays, and legal
  142  holidays, after the date a petition alleging that a child has
  143  committed a delinquent act or violation of law has been filed,
  144  or later with the approval of the court, but before an
  145  adjudicatory hearing and after considering the recommendation of
  146  the juvenile probation officer, the state attorney may file a
  147  motion requesting the court to transfer the child for criminal
  148  prosecution.
  149         (b) After the filing of the motion of the state attorney,
  150  summonses must be issued and served in conformity with s.
  151  985.319. A copy of the motion and a copy of the delinquency
  152  petition, if not already served, must be attached to each
  153  summons.
  154         (c) The court shall conduct a hearing on all transfer
  155  request motions for the purpose of determining whether a child
  156  should be transferred. In making its determination, the court
  157  shall consider:
  158         1. The seriousness of the alleged offense to the community
  159  and whether the protection of the community is best served by
  160  transferring the child for adult sanctions.
  161         2. Whether the alleged offense was committed in an
  162  aggressive, violent, premeditated, or willful manner.
  163         3. Whether the alleged offense was against persons or
  164  against property, greater weight being given to offenses against
  165  persons, especially if personal injury resulted.
  166         4. The probable cause as found in the report, affidavit, or
  167  complaint.
  168         5.The desirability of trial and disposition of the entire
  169  offense in one court when the child’s associates in the alleged
  170  crime are adults or children who are to be tried as adults.
  171         5.6. The sophistication, and maturity, and mental
  172  development of the child.
  173         6.7. The record and previous history of the child,
  174  including:
  175         a. Previous contacts with the department, the Department of
  176  Corrections, the former Department of Health and Rehabilitative
  177  Services, the Department of Children and Families, other law
  178  enforcement agencies, and courts.;
  179         b. Prior periods of probation.;
  180         c. Prior adjudications that the child committed a
  181  delinquent act or violation of law, greater weight being given
  182  if the child has previously been found by a court to have
  183  committed a delinquent act or violation of law involving an
  184  offense classified as a felony or has twice previously been
  185  found to have committed a delinquent act or violation of law
  186  involving an offense classified as a misdemeanor.; and
  187         d. Prior commitments to institutions.
  188         7.8. The prospects for adequate protection of the public
  189  and the likelihood of reasonable rehabilitation of the child, if
  190  the child is found to have committed the alleged offense, by the
  191  use of procedures, services, and facilities currently available
  192  to the court.
  193         (d) Prior to a hearing on the transfer request motion by
  194  the state attorney, a study and report to the court relevant to
  195  the factors in paragraph (c) must be made in writing by an
  196  authorized agent of the department. The child and the child’s
  197  parents or legal guardians and counsel and the state attorney
  198  shall have the right to examine these reports and to question
  199  the parties responsible for them at the hearing.
  200         (e) Any decision to transfer a child for criminal
  201  prosecution must be in writing and include consideration of, and
  202  findings of fact with respect to, all criteria in paragraph (c).
  203  The court shall render an order including a specific finding of
  204  fact and the reasons for a decision to impose adult sanctions.
  205  The order shall be reviewable on appeal under s. 985.534 and the
  206  Florida Rules of Appellate Procedure.
  207         (4)(5) EFFECT OF ORDER WAIVING JURISDICTION.—
  208         (a) Once a child has been transferred for criminal
  209  prosecution pursuant to an involuntary waiver hearing and has
  210  been found to have committed the presenting offense or a lesser
  211  included offense, the child shall thereafter be handled in every
  212  respect as an adult for any subsequent violation of state law,
  213  unless the court imposes juvenile sanctions under s. 985.565.
  214         (b) When a child is transferred for criminal prosecution as
  215  an adult, the court shall immediately transfer and certify to
  216  the adult circuit court all felony cases pertaining to the
  217  child, for prosecution of the child as an adult, which have not
  218  yet resulted in a plea of guilty or nolo contendere or in which
  219  a finding of guilt has not been made. If the child is acquitted
  220  of all charged offenses or lesser included offenses contained in
  221  the original case transferred to adult court, all felony cases
  222  that were transferred to adult court under this paragraph shall
  223  be subject to the same penalties such cases were subject to
  224  before being transferred to adult court.
  225         Section 3. Section 985.557, Florida Statutes, is amended to
  226  read:
  227         985.557 Prosecuting children as adults Direct filing of an
  228  information; discretionary and mandatory criteria.—
  229         (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
  230  FILE.—
  231         (a) With respect to any child who was 16 14 or 17 15 years
  232  of age at the time the alleged offense was committed, the state
  233  attorney may file an information when in the state attorney’s
  234  judgment and discretion the public interest requires that adult
  235  sanctions be considered or imposed and when the offense charged
  236  is for the commission of, attempt to commit, or conspiracy to
  237  commit:
  238         1. Arson;
  239         2. Sexual battery;
  240         3. Robbery;
  241         4. Kidnapping;
  242         5. Aggravated child abuse;
  243         6. Aggravated assault;
  244         7. Aggravated stalking;
  245         8. Murder;
  246         9. Manslaughter;
  247         10. Unlawful throwing, placing, or discharging of a
  248  destructive device or bomb;
  249         11. Armed burglary in violation of s. 810.02(2)(b) or
  250  specified burglary of a dwelling or structure in violation of s.
  251  810.02(2)(c), or burglary with an assault or battery in
  252  violation of s. 810.02(2)(a);
  253         12. Aggravated battery;
  254         13. Any lewd or lascivious offense committed upon or in the
  255  presence of a person less than 16 years of age;
  256         14. Carrying, displaying, using, threatening, or attempting
  257  to use a weapon or firearm during the commission of a felony;
  258         15.Grand theft in violation of s. 812.014(2)(a);
  259         15.16. Possessing or discharging any weapon or firearm on
  260  school property in violation of s. 790.115;
  261         16.17. Home invasion robbery;
  262         17.18. Carjacking; or
  263         18.19. Grand theft of a motor vehicle in violation of s.
  264  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  265  $20,000 or more in violation of s. 812.014(2)(b) if the child
  266  has a previous adjudication for grand theft of a motor vehicle
  267  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  268         (b)1.Beginning October 1, 2018, at the time the court
  269  adjudicates a case eligible for transfer to adult court under
  270  this section, s. 985.556, or s. 985.56, the court shall, with
  271  the assistance of the department, prosecutor, and defense
  272  counsel, include the following information in the disposition
  273  order or the judgment and sentence order:
  274         a.Whether the case was adjudicated in juvenile or adult
  275  court.
  276         b.The length of time the child spent in a detention
  277  facility or jail awaiting disposition.
  278         c.If the case was adjudicated in juvenile court:
  279         (I)Whether the child had to waive statutory limits on
  280  secure detention in order to avoid being prosecuted as an adult
  281  and, if available, the amount of time the child who waived
  282  secure detention limits actually spent in secure detention.
  283         (II)Whether the child waived the right to trial in
  284  exchange for the case remaining in juvenile court.
  285         (III)If the decision not to transfer to adult court
  286  resulted in a plea agreement, the details of the plea agreement,
  287  including previous plea offers made by the state but not
  288  accepted by the child, and any conditions placed on the plea
  289  offer.
  290         (IV)Whether any discovery was conducted on the case before
  291  the plea.
  292         (V)Whether the judge sentenced the child to a disposition
  293  other than what the prosecutor was offering in exchange for the
  294  child not being prosecuted as an adult.
  295         d.If the case was adjudicated in adult court:
  296         (I)Whether any discovery was conducted on the case after
  297  the child’s transfer to adult court.
  298         (II)Whether the sentence was the result of a plea
  299  agreement that did not involve the judge.
  300         (III)Whether the sentence was the result of a plea
  301  agreement that did involve the judge.
  302         (IV)Whether the sentence was the result of a trial.
  303         2.On or before the 15th of each month, the chief judge in
  304  each judicial circuit shall collect the information specified in
  305  subparagraph 1. for all cases disposed of in the previous month
  306  and submit such information to the department for data
  307  collection.
  308         (b)With respect to any child who was 16 or 17 years of age
  309  at the time the alleged offense was committed, the state
  310  attorney may file an information when in the state attorney’s
  311  judgment and discretion the public interest requires that adult
  312  sanctions be considered or imposed. However, the state attorney
  313  may not file an information on a child charged with a
  314  misdemeanor, unless the child has had at least two previous
  315  adjudications or adjudications withheld for delinquent acts, one
  316  of which involved an offense classified as a felony under state
  317  law.
  318         (2)MANDATORY DIRECT FILE.—
  319         (a)With respect to any child who was 16 or 17 years of age
  320  at the time the alleged offense was committed, the state
  321  attorney shall file an information if the child has been
  322  previously adjudicated delinquent for an act classified as a
  323  felony, which adjudication was for the commission of, attempt to
  324  commit, or conspiracy to commit murder, sexual battery, armed or
  325  strong-armed robbery, carjacking, home-invasion robbery,
  326  aggravated battery, or aggravated assault, and the child is
  327  currently charged with a second or subsequent violent crime
  328  against a person.
  329         (b)With respect to any child 16 or 17 years of age at the
  330  time an offense classified as a forcible felony, as defined in
  331  s. 776.08, was committed, the state attorney shall file an
  332  information if the child has previously been adjudicated
  333  delinquent or had adjudication withheld for three acts
  334  classified as felonies each of which occurred at least 45 days
  335  apart from each other. This paragraph does not apply when the
  336  state attorney has good cause to believe that exceptional
  337  circumstances exist which preclude the just prosecution of the
  338  juvenile in adult court.
  339         (c)The state attorney must file an information if a child,
  340  regardless of the child’s age at the time the alleged offense
  341  was committed, is alleged to have committed an act that would be
  342  a violation of law if the child were an adult, that involves
  343  stealing a motor vehicle, including, but not limited to, a
  344  violation of s. 812.133, relating to carjacking, or s.
  345  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
  346  while the child was in possession of the stolen motor vehicle
  347  the child caused serious bodily injury to or the death of a
  348  person who was not involved in the underlying offense. For
  349  purposes of this section, the driver and all willing passengers
  350  in the stolen motor vehicle at the time such serious bodily
  351  injury or death is inflicted shall also be subject to mandatory
  352  transfer to adult court. “Stolen motor vehicle,” for the
  353  purposes of this section, means a motor vehicle that has been
  354  the subject of any criminal wrongful taking. For purposes of
  355  this section, “willing passengers” means all willing passengers
  356  who have participated in the underlying offense.
  357         (d)1.With respect to any child who was 16 or 17 years of
  358  age at the time the alleged offense was committed, the state
  359  attorney shall file an information if the child has been charged
  360  with committing or attempting to commit an offense listed in s.
  361  775.087(2)(a)1.a.-p., and, during the commission of or attempt
  362  to commit the offense, the child:
  363         a.Actually possessed a firearm or destructive device, as
  364  those terms are defined in s. 790.001.
  365         b.Discharged a firearm or destructive device, as described
  366  in s. 775.087(2)(a)2.
  367         c.Discharged a firearm or destructive device, as described
  368  in s. 775.087(2)(a)3., and, as a result of the discharge, death
  369  or great bodily harm was inflicted upon any person.
  370         2.Upon transfer, any child who is:
  371         a.Charged under sub-subparagraph 1.a. and who has been
  372  previously adjudicated or had adjudication withheld for a
  373  forcible felony offense or any offense involving a firearm, or
  374  who has been previously placed in a residential commitment
  375  program, shall be subject to sentencing under s. 775.087(2)(a),
  376  notwithstanding s. 985.565.
  377         b.Charged under sub-subparagraph 1.b. or sub-subparagraph
  378  1.c., shall be subject to sentencing under s. 775.087(2)(a),
  379  notwithstanding s. 985.565.
  380         3.Upon transfer, any child who is charged under this
  381  paragraph, but who does not meet the requirements specified in
  382  subparagraph 2., shall be sentenced under s. 985.565; however,
  383  if the court imposes a juvenile sanction, the court must commit
  384  the child to a high-risk or maximum-risk juvenile facility.
  385         4.This paragraph shall not apply if the state attorney has
  386  good cause to believe that exceptional circumstances exist that
  387  preclude the just prosecution of the child in adult court.
  388         (c)5. The Department of Corrections shall make every
  389  reasonable effort to ensure that any child who is 14 years of
  390  age or older but has not yet reached the age of 18 and 16 or 17
  391  years of age who is convicted and sentenced under this section
  392  is paragraph be completely separated such that there is no
  393  physical contact with adult offenders in the facility, to the
  394  extent that it is consistent with chapter 958.
  395         (2)(3) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
  396  FILE.—
  397         (a) Once a child has been transferred for criminal
  398  prosecution pursuant to an information and has been found to
  399  have committed the presenting offense or a lesser included
  400  offense, the child shall be handled thereafter in every respect
  401  as if an adult for any subsequent violation of state law, unless
  402  the court imposes juvenile sanctions under s. 985.565.
  403         (b) When a child is transferred for criminal prosecution as
  404  an adult, the court shall immediately transfer and certify to
  405  the adult circuit court all felony cases pertaining to the
  406  child, for prosecution of the child as an adult, which have not
  407  yet resulted in a plea of guilty or nolo contendere or in which
  408  a finding of guilt has not been made. If a child is acquitted of
  409  all charged offenses or lesser included offenses contained in
  410  the original case transferred to adult court, all felony cases
  411  that were transferred to adult court as a result of this
  412  paragraph shall be subject to the same penalties to which such
  413  cases would have been subject before being transferred to adult
  414  court.
  415         (c) When a child has been transferred for criminal
  416  prosecution as an adult and has been found to have committed a
  417  violation of state law, the disposition of the case may be made
  418  under s. 985.565 and may include the enforcement of any
  419  restitution ordered in any juvenile proceeding.
  420         (3)FITNESS HEARING BEFORE A JUDGE.—A child who is
  421  transferred to adult court under this section may request, in
  422  writing, a hearing before the court to determine whether he or
  423  she shall remain in adult court. The adult court, in determining
  424  whether public safety would be best served by retaining
  425  jurisdiction, shall consider the seriousness of the offense; the
  426  extent of the child’s alleged participation or role in the
  427  offense; the sophistication, maturity, and mental development of
  428  the child; any prior adjudications or adjudications withheld of
  429  the child; and any other consideration set forth in s.
  430  985.556(3)(c). The adult court may, based on these
  431  considerations, transfer the case back to juvenile court.
  432         (4)TRANSFER PROHIBITION.—Notwithstanding any other law, a
  433  child who is eligible for prosecution as an adult and who has
  434  previously been found to be incompetent but has not been
  435  restored to competency by a court may not be transferred to
  436  adult court for criminal prosecution until the child’s
  437  competency has been restored.
  438         (5)DATA COLLECTION RELATING TO PROSECUTING CHILDREN AS
  439  ADULTS.—
  440         (a)Beginning January 1, 2019, the department shall collect
  441  data relating to children who qualify to be prosecuted as adults
  442  under this section and s. 985.556, regardless of the outcome of
  443  the case, including, but not limited to:
  444         1.Age.
  445         2.Race and ethnicity.
  446         3.Gender.
  447         4.Circuit and county of residence.
  448         5.Circuit and county of offense.
  449         6.Prior adjudications or adjudications withheld.
  450         7.Prior periods of probation, including any violations of
  451  probation.
  452         8.Previous contact with law enforcement agencies or the
  453  court which resulted in a civil citation, arrest, or other
  454  charge being filed with the state.
  455         9.Initial charges.
  456         10.Charges at disposition.
  457         11.Whether child codefendants were involved who were
  458  transferred to adult court.
  459         12.Whether the child was represented by counsel or waived
  460  counsel.
  461         13.The child’s risk assessment instrument score.
  462         14.The child’s medical, mental health, substance abuse, or
  463  trauma history.
  464         15.The child’s history of mental impairment or disability
  465  related accommodations.
  466         16.The child’s history of abuse or neglect.
  467         17.The child’s history of foster care placements,
  468  including the number of prior placements.
  469         18.Whether the child has below-average intellectual
  470  functioning.
  471         19.Whether the child has received mental health services
  472  or treatment.
  473         20.Whether the child has been the subject of a child-in
  474  need-of-services or families-in-need-of-services petition or a
  475  dependency petition.
  476         21.Whether the child was transferred for criminal
  477  prosecution as an adult.
  478         22.The case resolution in juvenile court.
  479         23.The case resolution in adult court.
  480         24.Information generated by the office of the state
  481  attorney in each judicial circuit under subparagraph (1)(b)1.
  482         (b)Beginning January 1, 2019, the department shall also
  483  collect data relating to children transferred for criminal
  484  prosecution as adults, including, but not limited to:
  485         1.Disposition data, including, but not limited to, adult
  486  sanctions, juvenile sanctions, or diversions received and, if
  487  sentenced to prison, the length of the prison sentence or the
  488  length of the enhanced sentence.
  489         2.Incompetence to proceed in juvenile court.
  490         (c)For every juvenile case transferred between July 1,
  491  2017, and June 30, 2018, the department shall work with the
  492  Office of Program Policy Analysis and Government Accountability
  493  to generate a report analyzing the aggregated data under
  494  paragraphs (a) and (b). The department must provide the report
  495  to the Governor, the President of the Senate, and the Speaker of
  496  the House of Representatives by January 31, 2019.
  497         (d)The department must work with the Office of Program
  498  Policy Analysis and Government Accountability to generate a
  499  report analyzing the aggregated data under paragraphs (a) and
  500  (b) on an annual basis. The department shall provide the report
  501  annually to the Governor, the President of the Senate, and the
  502  Speaker of the House of Representatives no later than January 31
  503  of the following calendar year.
  504         (6)(4) An information filed pursuant to this section may
  505  include all charges that are based on the same act, criminal
  506  episode, or transaction as the primary offenses.
  507         Section 4. Section 985.56, Florida Statutes, is amended to
  508  read:
  509         985.56 Indictment of a juvenile.—
  510         (1) A child 14 years of age or older of any age who is
  511  charged with a violation of state law punishable by death or by
  512  life imprisonment is subject to the jurisdiction of the court as
  513  set forth in s. 985.0301(2) unless and until an indictment on
  514  the charge is returned by the grand jury. When such indictment
  515  is returned, the petition for delinquency, if any, must be
  516  dismissed and the child must be tried and handled in every
  517  respect as an adult:
  518         (a) On the indicting offense punishable by death or by life
  519  imprisonment; and
  520         (b) On all other felonies or misdemeanors charged in the
  521  indictment which are based on the same act or transaction as the
  522  indicting offense punishable by death or by life imprisonment or
  523  on one or more acts or transactions connected with the offense
  524  punishable by death or by life imprisonment.
  525         (2) An adjudicatory hearing may not be held until 21 days
  526  after the child is taken into custody and charged with having
  527  committed an indictable offense punishable by death or by life
  528  imprisonment, unless the state attorney advises the court in
  529  writing that he or she does not intend to present the case to
  530  the grand jury, or has presented the case to the grand jury and
  531  the grand jury has not returned an indictment. If the court
  532  receives such a notice from the state attorney, or if the grand
  533  jury fails to act within the 21-day period, the court may
  534  proceed as otherwise authorized under this part.
  535         (3) Notwithstanding any other law, a child who is eligible
  536  for indictment and who has a pending competency hearing in
  537  juvenile court or who has been previously found to be
  538  incompetent and has not been restored to competency by a court
  539  may not be transferred to adult court for criminal prosecution
  540  until the child’s competency is restored. A pending competency
  541  hearing or a finding of incompetency tolls the time limits in
  542  subsection (2). If the child is found to have committed the
  543  offense punishable by death or by life imprisonment, the child
  544  shall be sentenced as an adult. If the juvenile is not found to
  545  have committed the indictable offense but is found to have
  546  committed a lesser included offense or any other offense for
  547  which he or she was indicted as a part of the criminal episode,
  548  the court may sentence under s. 985.565.
  549         (4)(a) If Once a child has been indicted pursuant to this
  550  section and has been found to have committed any offense for
  551  which he or she was indicted as a part of the criminal episode,
  552  the child shall be handled thereafter in every respect as if an
  553  adult for any subsequent violation of state law, unless the
  554  court imposes juvenile sanctions under s. 985.565.
  555         (b) If When a child has been indicted pursuant to this
  556  section, the court shall immediately transfer and certify to the
  557  adult circuit court all felony cases pertaining to the child,
  558  for prosecution of the child as an adult, which have not yet
  559  resulted in a plea of guilty or nolo contendere or in which a
  560  finding of guilt has not been made. If the child is acquitted of
  561  all charged offenses or lesser included offenses contained in
  562  the indictment case, all felony cases that were transferred to
  563  adult court pursuant to this paragraph shall be subject to the
  564  same penalties such cases were subject to before being
  565  transferred to adult court.
  566         Section 5. Subsection (1) and paragraphs (a) and (b) of
  567  subsection (4) of section 985.565, Florida Statutes, are amended
  568  to read:
  569         985.565 Sentencing powers; procedures; alternatives for
  570  juveniles prosecuted as adults.—
  571         (1) POWERS OF DISPOSITION.—
  572         (a) A child who is found to have committed a violation of
  573  law may, as an alternative to adult dispositions, be committed
  574  to the department for treatment in an appropriate program for
  575  children outside the adult correctional system or be placed on
  576  juvenile probation.
  577         (b) In determining whether to impose juvenile sanctions
  578  instead of adult sanctions, the court shall consider the
  579  following criteria:
  580         1. The seriousness of the offense to the community and
  581  whether the protection of the community would be best served be
  582  protected by juvenile or adult sanctions.
  583         2.The extent of the child’s participation in the offense.
  584         3.The effect, if any, of familial or peer pressure on the
  585  child’s actions.
  586         4.2. Whether the offense was committed in an aggressive,
  587  violent, premeditated, or willful manner.
  588         5.3. Whether the offense was against persons or against
  589  property, with greater weight being given to offenses against
  590  persons, especially if personal injury resulted.
  591         6.4. The sophistication, and maturity, and mental
  592  development of the child, including: offender.
  593         a.The child’s age, maturity, intellectual capacity, and
  594  mental and emotional health at the time of the offense.
  595         b.The child’s background, including his or her family,
  596  home, and community environment.
  597         c.The effect, if any, of immaturity, impetuosity, or
  598  failure to appreciate the risks and consequences of the offense
  599  on the child’s participation in the offense.
  600         d.The effect, if any, of characteristics attributable to
  601  the child’s age on the child’s judgment.
  602         7.5. The record and previous history of the child offender,
  603  including:
  604         a. Previous contacts with the Department of Corrections,
  605  the Department of Juvenile Justice, the former Department of
  606  Health and Rehabilitative Services, or the Department of
  607  Children and Families, and the adequacy and appropriateness of
  608  the services provided by the Department of Juvenile Justice to
  609  address the child’s needs law enforcement agencies, and the
  610  courts.
  611         b. Prior periods of probation.
  612         c. Prior adjudications that the offender committed a
  613  delinquent act or violation of law as a child.
  614         d. Prior commitments to the Department of Juvenile Justice,
  615  the former Department of Health and Rehabilitative Services, the
  616  Department of Children and Families, or other facilities or
  617  institutions and the adequacy and appropriateness of the
  618  services provided by such entity to address the child’s needs.
  619         e.Previous contacts with law enforcement agencies and the
  620  courts.
  621         f.History of abuse, abandonment, or neglect.
  622         g.History of foster care placements.
  623         h.Identification of the child as having a disability.
  624         i.History of mental health services or treatment.
  625         8.6. The prospects for adequate protection of the public
  626  and the likelihood of deterrence and reasonable rehabilitation
  627  of the offender if assigned to services and facilities of the
  628  Department of Juvenile Justice.
  629         9.7. Whether the Department of Juvenile Justice has
  630  appropriate programs, facilities, and services immediately
  631  available.
  632         10.8. Whether adult sanctions would provide more
  633  appropriate punishment and deterrence to further violations of
  634  law than the imposition of juvenile sanctions.
  635         11.Whether the Department of Corrections has appropriate
  636  programs, facilities, and services immediately available.
  637         (4) SENTENCING ALTERNATIVES.—
  638         (a) Adult sanctions.—
  639         1.Cases prosecuted on indictment.—If the child is found to
  640  have committed the offense punishable by death or life
  641  imprisonment, the child shall be sentenced as an adult. If the
  642  juvenile is not found to have committed the indictable offense
  643  but is found to have committed a lesser included offense or any
  644  other offense for which he or she was indicted as a part of the
  645  criminal episode, the court may sentence as follows:
  646         a.As an adult;
  647         b.Under chapter 958; or
  648         c.As a juvenile under this section.
  649         1.2.Other cases.—If a child who has been transferred for
  650  criminal prosecution pursuant to indictment, information, or
  651  waiver of juvenile court jurisdiction is found to have committed
  652  a violation of state law or a lesser included offense for which
  653  he or she was charged as a part of the criminal episode, the
  654  court may sentence as follows:
  655         a. As an adult;
  656         b. Under chapter 958; or
  657         c. As a juvenile under this section.
  658         3.Notwithstanding any other provision to the contrary, if
  659  the state attorney is required to file a motion to transfer and
  660  certify the juvenile for prosecution as an adult under s.
  661  985.556(3) and that motion is granted, or if the state attorney
  662  is required to file an information under s. 985.557(2)(a) or
  663  (b), the court must impose adult sanctions.
  664         4.Any sentence imposing adult sanctions is presumed
  665  appropriate, and the court is not required to set forth specific
  666  findings or enumerate the criteria in this subsection as any
  667  basis for its decision to impose adult sanctions.
  668         2.5.If When a child who has been transferred for criminal
  669  prosecution as an adult is and has been found to have committed
  670  a violation of state law, the disposition of the case may
  671  include the enforcement of any restitution ordered in any
  672  juvenile proceeding.
  673         (b) Juvenile sanctions.For juveniles transferred to adult
  674  court but who do not qualify for such transfer under s.
  675  985.556(3) or s. 985.557(2)(a) or (b), The court may impose
  676  juvenile sanctions under this paragraph for juveniles
  677  transferred to adult court. If juvenile sentences are imposed,
  678  the court shall, under this paragraph, adjudge the child to have
  679  committed a delinquent act. Adjudication of delinquency shall
  680  not be deemed a conviction, nor shall it operate to impose any
  681  of the civil disabilities ordinarily resulting from a
  682  conviction. The court shall impose an adult sanction or a
  683  juvenile sanction and may not sentence the child to a
  684  combination of adult and juvenile punishments. An adult sanction
  685  or a juvenile sanction may include enforcement of an order of
  686  restitution or probation previously ordered in any juvenile
  687  proceeding. However, if the court imposes a juvenile sanction
  688  and the department determines that the sanction is unsuitable
  689  for the child, the department shall return custody of the child
  690  to the sentencing court for further proceedings, including the
  691  imposition of adult sanctions. Upon adjudicating a child
  692  delinquent under subsection (1), the court may:
  693         1. Place the child in a probation program under the
  694  supervision of the department for an indeterminate period of
  695  time until the child reaches the age of 19 years or sooner if
  696  discharged by order of the court.
  697         2. Commit the child to the department for treatment in an
  698  appropriate program for children for an indeterminate period of
  699  time until the child is 21 or sooner if discharged by the
  700  department. The department shall notify the court of its intent
  701  to discharge no later than 14 days prior to discharge. Failure
  702  of the court to timely respond to the department’s notice shall
  703  be considered approval for discharge.
  704         3. Order disposition under ss. 985.435, 985.437, 985.439,
  705  985.441, 985.45, and 985.455 as an alternative to youthful
  706  offender or adult sentencing if the court determines not to
  707  impose youthful offender or adult sanctions.
  708  
  709  It is the intent of the Legislature that the criteria and
  710  guidelines in this subsection are mandatory and that a
  711  determination of disposition under this subsection is subject to
  712  the right of the child to appellate review under s. 985.534.
  713         Section 6. Subsection (54) of section 985.03, Florida
  714  Statutes, is amended to read:
  715         985.03 Definitions.—As used in this chapter, the term:
  716         (54) “Waiver hearing” means a hearing provided for under s.
  717  985.556(3) s. 985.556(4).
  718         Section 7. Subsection (1) of section 985.15, Florida
  719  Statutes, is amended to read:
  720         985.15 Filing decisions.—
  721         (1) The state attorney may in all cases take action
  722  independent of the action or lack of action of the juvenile
  723  probation officer and shall determine the action that is in the
  724  best interest of the public and the child. If the child meets
  725  the criteria requiring prosecution as an adult under s. 985.556,
  726  the state attorney shall request the court to transfer and
  727  certify the child for prosecution as an adult or shall provide
  728  written reasons to the court for not making such a request. In
  729  all other cases, The state attorney may:
  730         (a) File a petition for dependency;
  731         (b) File a petition under chapter 984;
  732         (c) File a petition for delinquency;
  733         (d) File a petition for delinquency with a motion to
  734  transfer and certify the child for prosecution as an adult;
  735         (e) File an information under s. 985.557;
  736         (f) Refer the case to a grand jury;
  737         (g) Refer the child to a diversionary, pretrial
  738  intervention, arbitration, or mediation program, or to some
  739  other treatment or care program if such program commitment is
  740  voluntarily accepted by the child or the child’s parents or
  741  legal guardian; or
  742         (h) Decline to file.
  743         Section 8. Subsection (5) of section 985.265, Florida
  744  Statutes, is amended to read:
  745         985.265 Detention transfer and release; education; adult
  746  jails.—
  747         (5) The court may shall order the delivery of a child to a
  748  jail or other facility intended or used for the detention of
  749  adults:
  750         (a) When the child has been transferred or indicted for
  751  criminal prosecution as an adult under part X, except that the
  752  court may not order or allow a child alleged to have committed a
  753  misdemeanor who is being transferred for criminal prosecution
  754  pursuant to either s. 985.556 or s. 985.557 to be detained or
  755  held in a jail or other facility intended or used for the
  756  detention of adults; however, such child may be held temporarily
  757  in a detention facility; or
  758         (b) When a child taken into custody in this state is wanted
  759  by another jurisdiction for prosecution as an adult.
  760  
  761  The child shall be housed separately from adult inmates to
  762  prohibit a child from having regular contact with incarcerated
  763  adults, including trusties. “Regular contact” means sight and
  764  sound contact. Separation of children from adults shall permit
  765  no more than haphazard or accidental contact. The receiving jail
  766  or other facility shall contain a separate section for children
  767  and shall have an adequate staff to supervise and monitor the
  768  child’s activities at all times. Supervision and monitoring of
  769  children includes physical observation and documented checks by
  770  jail or receiving facility supervisory personnel at intervals
  771  not to exceed 10 minutes. This subsection does not prohibit
  772  placing two or more children in the same cell. Under no
  773  circumstances shall a child be placed in the same cell with an
  774  adult.
  775         Section 9. For the purpose of incorporating the amendments
  776  made by this act to sections 985.557 and 985.56, Florida
  777  Statutes, in references thereto, paragraph (c) of subsection (2)
  778  of section 985.26, Florida Statutes, is reenacted to read:
  779         985.26 Length of detention.—
  780         (2)
  781         (c) A prolific juvenile offender under s. 985.255(1)(j)
  782  shall be placed on nonsecure detention care with electronic
  783  monitoring or in secure detention care under a special detention
  784  order until disposition. If secure detention care is ordered by
  785  the court, it must be authorized under this part and may not
  786  exceed:
  787         1. Twenty-one days unless an adjudicatory hearing for the
  788  case has been commenced in good faith by the court or the period
  789  is extended by the court pursuant to paragraph (b); or
  790         2. Fifteen days after the entry of an order of
  791  adjudication.
  792  
  793  As used in this paragraph, the term “disposition” means a
  794  declination to file under s. 985.15(1)(h), the entry of nolle
  795  prosequi for the charges, the filing of an indictment under s.
  796  985.56 or an information under s. 985.557, a dismissal of the
  797  case, or an order of final disposition by the court.
  798         Section 10. For the purpose of incorporating the amendment
  799  made by this act to section 985.565, Florida Statutes, in a
  800  reference thereto, subsection (3) of section 985.514, Florida
  801  Statutes, is reenacted to read:
  802         985.514 Responsibility for cost of care; fees.—
  803         (3) When the court under s. 985.565 orders any child
  804  prosecuted as an adult to be supervised by or committed to the
  805  department for treatment in any of the department’s programs for
  806  children, the court shall order the child’s parents to pay fees
  807  as provided in s. 985.039.
  808         Section 11. This act shall take effect July 1, 2018.

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