Bill Text: FL S0936 | 2018 | Regular Session | Comm Sub
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0936 Detail]
Download: Florida-2018-S0936-Comm_Sub.html
Florida Senate - 2018 CS for SB 936
By the Committee on Criminal Justice; and Senators Powell and
Rouson
591-02329-18 2018936c1
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 985.556, F.S.; deleting provisions requiring that a
4 state attorney request the court to transfer and
5 certify a child for prosecution as an adult under
6 certain circumstances; revising the factors that a
7 court must consider when determining whether a child
8 should be transferred to adult court; amending s.
9 985.557, F.S.; eliminating discretionary direct filing
10 for children of specified ages; revising the list of
11 crimes for which children of specified ages who are
12 charged with committing, attempting to commit, or
13 conspiring to commit may have an information filed
14 against them by a state attorney; requiring specified
15 information to be included in certain orders;
16 requiring chief judges of the judicial circuits to
17 periodically collect and report certain data to the
18 Department of Juvenile Justice; deleting provisions
19 requiring that a child be prosecuted as an adult if
20 the child committed or attempted to commit specified
21 crimes; deleting provisions relating to sentencing a
22 child who commits or attempts to commit specified
23 crimes; requiring children of certain ages who are
24 convicted and sentenced to the Department of
25 Corrections to be kept completely separated from adult
26 offenders in the facility; authorizing a child who is
27 transferred to adult court to request, in writing, a
28 hearing before the court to determine whether he or
29 she shall remain in adult court; requiring the court
30 to consider specified facts in determining whether the
31 public safety would be served by retaining
32 jurisdiction; authorizing the court to transfer a
33 child back to a juvenile court; prohibiting the
34 transfer of a child to adult court until his or her
35 competency is restored in certain circumstances;
36 requiring the department, beginning on a specified
37 date, to collect specified information relating to
38 children who qualify for prosecution as adults and
39 children who are transferred for criminal prosecution
40 as adults; requiring the department to work with the
41 Office of Program Policy Analysis and Government
42 Accountability to generate a report analyzing the data
43 of juveniles transferred for prosecution as adults
44 during a certain period and provide such report to the
45 Governor and Legislature by a specified date;
46 requiring the department to work with the Office of
47 Program Policy Analysis and Government Accountability
48 to generate an annual report analyzing certain data
49 and provide such report to the Governor and
50 Legislature by a specified date; amending s. 985.56,
51 F.S.; providing a minimum age limit for children who
52 are subject to the jurisdiction of a court if they are
53 charged with a violation punishable by death or life
54 imprisonment; prohibiting the transfer of a child to
55 adult court until his or her competency is restored in
56 certain circumstances; providing for the tolling of
57 time limits for specified purposes; making technical
58 changes; amending s. 985.565, F.S.; revising the
59 criteria to be used in determining whether to impose
60 juvenile or adult sanctions; deleting provisions
61 requiring the sentencing of children who commit
62 offenses punishable by death or life imprisonment or
63 other specified offenses; conforming provisions to
64 changes made by the act; amending s. 985.03, F.S.;
65 conforming a cross-reference; amending s. 985.15,
66 F.S.; conforming provisions to changes made by the
67 act; amending s. 985.265, F.S.; authorizing, rather
68 than requiring, a court to order a child to be housed
69 in an adult detention facility in certain
70 circumstances; reenacting s. 985.26(2)(c), F.S.,
71 relating to the definition of the term “disposition,”
72 to incorporate the amendments made to ss. 985.557 and
73 985.56, F.S., in references thereto; reenacting s.
74 985.514(3), F.S., relating to responsibility for cost
75 of care and fees, to incorporate the amendment made to
76 s. 985.565, F.S., in a reference thereto; providing an
77 effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Subsections (2) through (5) of section 985.556,
82 Florida Statutes, are amended, and subsection (1) of that
83 section is republished, to read:
84 985.556 Waiver of juvenile court jurisdiction; hearing.—
85 (1) VOLUNTARY WAIVER.—The court shall transfer and certify
86 a child’s criminal case for trial as an adult if the child is
87 alleged to have committed a violation of law and, prior to the
88 commencement of an adjudicatory hearing, the child, joined by a
89 parent or, in the absence of a parent, by the guardian or
90 guardian ad litem, demands in writing to be tried as an adult.
91 Once a child has been transferred for criminal prosecution
92 pursuant to a voluntary waiver hearing and has been found to
93 have committed the presenting offense or a lesser included
94 offense, the child shall be handled thereafter in every respect
95 as an adult for any subsequent violation of state law, unless
96 the court imposes juvenile sanctions under s. 985.565(4)(b).
97 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in
98 subsection (3), The state attorney may file a motion requesting
99 the court to transfer the child for criminal prosecution if the
100 child was 14 years of age or older at the time the alleged
101 delinquent act or violation of law was committed.
102 (3) INVOLUNTARY MANDATORY WAIVER.—
103 (a) If the child was 14 years of age or older, and if the
104 child has been previously adjudicated delinquent for an act
105 classified as a felony, which adjudication was for the
106 commission of, attempt to commit, or conspiracy to commit
107 murder, sexual battery, armed or strong-armed robbery,
108 carjacking, home-invasion robbery, aggravated battery,
109 aggravated assault, or burglary with an assault or battery, and
110 the child is currently charged with a second or subsequent
111 violent crime against a person; or
112 (b) If the child was 14 years of age or older at the time
113 of commission of a fourth or subsequent alleged felony offense
114 and the child was previously adjudicated delinquent or had
115 adjudication withheld for or was found to have committed, or to
116 have attempted or conspired to commit, three offenses that are
117 felony offenses if committed by an adult, and one or more of
118 such felony offenses involved the use or possession of a firearm
119 or violence against a person;
120
121 the state attorney shall request the court to transfer and
122 certify the child for prosecution as an adult or shall provide
123 written reasons to the court for not making such request, or
124 proceed under s. 985.557(1). Upon the state attorney’s request,
125 the court shall either enter an order transferring the case and
126 certifying the case for trial as if the child were an adult or
127 provide written reasons for not issuing such an order.
128 (3)(4) WAIVER HEARING BEFORE A JUDGE.—
129 (a) Within 7 days, excluding Saturdays, Sundays, and legal
130 holidays, after the date a petition alleging that a child has
131 committed a delinquent act or violation of law has been filed,
132 or later with the approval of the court, but before an
133 adjudicatory hearing and after considering the recommendation of
134 the juvenile probation officer, the state attorney may file a
135 motion requesting the court to transfer the child for criminal
136 prosecution.
137 (b) After the filing of the motion of the state attorney,
138 summonses must be issued and served in conformity with s.
139 985.319. A copy of the motion and a copy of the delinquency
140 petition, if not already served, must be attached to each
141 summons.
142 (c) The court shall conduct a hearing on all transfer
143 request motions for the purpose of determining whether a child
144 should be transferred. In making its determination, the court
145 shall consider:
146 1. The seriousness of the alleged offense to the community
147 and whether the protection of the community is best served by
148 transferring the child for adult sanctions.
149 2. Whether the alleged offense was committed in an
150 aggressive, violent, premeditated, or willful manner.
151 3. Whether the alleged offense was against persons or
152 against property, greater weight being given to offenses against
153 persons, especially if personal injury resulted.
154 4. The probable cause as found in the report, affidavit, or
155 complaint.
156 5. The desirability of trial and disposition of the entire
157 offense in one court when the child’s associates in the alleged
158 crime are adults or children who are to be tried as adults.
159 5.6. The sophistication, and maturity, and mental
160 development of the child.
161 6.7. The record and previous history of the child,
162 including:
163 a. Previous contacts with the department, the Department of
164 Corrections, the former Department of Health and Rehabilitative
165 Services, the Department of Children and Families, other law
166 enforcement agencies, and courts.;
167 b. Prior periods of probation.;
168 c. Prior adjudications that the child committed a
169 delinquent act or violation of law, greater weight being given
170 if the child has previously been found by a court to have
171 committed a delinquent act or violation of law involving an
172 offense classified as a felony or has twice previously been
173 found to have committed a delinquent act or violation of law
174 involving an offense classified as a misdemeanor.; and
175 d. Prior commitments to institutions.
176 7.8. The prospects for adequate protection of the public
177 and the likelihood of reasonable rehabilitation of the child, if
178 the child is found to have committed the alleged offense, by the
179 use of procedures, services, and facilities currently available
180 to the court.
181 (d) Prior to a hearing on the transfer request motion by
182 the state attorney, a study and report to the court relevant to
183 the factors in paragraph (c) must be made in writing by an
184 authorized agent of the department. The child and the child’s
185 parents or legal guardians and counsel and the state attorney
186 shall have the right to examine these reports and to question
187 the parties responsible for them at the hearing.
188 (e) Any decision to transfer a child for criminal
189 prosecution must be in writing and include consideration of, and
190 findings of fact with respect to, all criteria in paragraph (c).
191 The court shall render an order including a specific finding of
192 fact and the reasons for a decision to impose adult sanctions.
193 The order shall be reviewable on appeal under s. 985.534 and the
194 Florida Rules of Appellate Procedure.
195 (4)(5) EFFECT OF ORDER WAIVING JURISDICTION.—
196 (a) Once a child has been transferred for criminal
197 prosecution pursuant to an involuntary waiver hearing and has
198 been found to have committed the presenting offense or a lesser
199 included offense, the child shall thereafter be handled in every
200 respect as an adult for any subsequent violation of state law,
201 unless the court imposes juvenile sanctions under s. 985.565.
202 (b) When a child is transferred for criminal prosecution as
203 an adult, the court shall immediately transfer and certify to
204 the adult circuit court all felony cases pertaining to the
205 child, for prosecution of the child as an adult, which have not
206 yet resulted in a plea of guilty or nolo contendere or in which
207 a finding of guilt has not been made. If the child is acquitted
208 of all charged offenses or lesser included offenses contained in
209 the original case transferred to adult court, all felony cases
210 that were transferred to adult court under this paragraph shall
211 be subject to the same penalties such cases were subject to
212 before being transferred to adult court.
213 Section 2. Section 985.557, Florida Statutes, is amended to
214 read:
215 985.557 Prosecuting children as adults Direct filing of an
216 information; discretionary and mandatory criteria.—
217 (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT
218 FILE.—
219 (a) With respect to any child who was 16 14 or 17 15 years
220 of age at the time the alleged offense was committed, the state
221 attorney may file an information when in the state attorney’s
222 judgment and discretion the public interest requires that adult
223 sanctions be considered or imposed and when the offense charged
224 is for the commission of, attempt to commit, or conspiracy to
225 commit:
226 1. Arson;
227 2. Sexual battery;
228 3. Robbery;
229 4. Kidnapping;
230 5. Aggravated child abuse;
231 6. Aggravated assault;
232 7. Aggravated stalking;
233 8. Murder;
234 9. Manslaughter;
235 10. Unlawful throwing, placing, or discharging of a
236 destructive device or bomb;
237 11. Armed burglary in violation of s. 810.02(2)(b) or
238 specified burglary of a dwelling or structure in violation of s.
239 810.02(2)(c), or burglary with an assault or battery in
240 violation of s. 810.02(2)(a);
241 12. Aggravated battery;
242 13. Any lewd or lascivious offense committed upon or in the
243 presence of a person less than 16 years of age;
244 14. Carrying, displaying, using, threatening, or attempting
245 to use a weapon or firearm during the commission of a felony;
246 15. Grand theft in violation of s. 812.014(2)(a);
247 15.16. Possessing or discharging any weapon or firearm on
248 school property in violation of s. 790.115;
249 16.17. Home invasion robbery;
250 17.18. Carjacking; or
251 18.19. Grand theft of a motor vehicle in violation of s.
252 812.014(2)(c)6. or grand theft of a motor vehicle valued at
253 $20,000 or more in violation of s. 812.014(2)(b) if the child
254 has a previous adjudication for grand theft of a motor vehicle
255 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
256 (b)1. Beginning October 1, 2018, the court shall, with the
257 assistance of the department, prosecutor, and defense counsel,
258 include the following information in the disposition order or
259 the judgment and sentence order for all cases eligible for
260 transfer to adult court under this section, s. 985.556, or s.
261 985.56:
262 a. Whether the case was adjudicated in juvenile or adult
263 court.
264 b. The length of time the child spent in a detention
265 facility or jail awaiting disposition.
266 c. If the case was adjudicated in juvenile court:
267 (I) Whether the child had to waive statutory limits on
268 secure detention in order to avoid being prosecuted as an adult
269 and, if available, the amount of time the child who waived
270 secure detention limits actually spent in secure detention.
271 (II) Whether the child waived the right to trial in
272 exchange for the case remaining in juvenile court.
273 (III) If the decision not to transfer to adult court
274 resulted in a plea agreement, the details of the plea agreement,
275 including previous plea offers made by the state but not
276 accepted by the child, and any conditions placed on the plea
277 offer.
278 (IV) Whether any discovery was conducted on the case before
279 the plea.
280 (V) Whether the judge sentenced the child to a disposition
281 other than what the prosecutor was offering in exchange for the
282 child not being prosecuted as an adult.
283 d. If the case was adjudicated in adult court:
284 (I) Whether any discovery was conducted on the case after
285 the child’s transfer to adult court.
286 (II) Whether the sentence was the result of a plea
287 agreement that did not involve the judge.
288 (III) Whether the sentence was the result of a plea
289 agreement that did involve the judge.
290 (IV) Whether the sentence was the result of a trial.
291 2. On or before the 15th of each month, the chief judge in
292 each judicial circuit shall collect the information specified in
293 subparagraph 1. for all cases disposed of in the previous month
294 and submit such information to the department for data
295 collection.
296 (b) With respect to any child who was 16 or 17 years of age
297 at the time the alleged offense was committed, the state
298 attorney may file an information when in the state attorney’s
299 judgment and discretion the public interest requires that adult
300 sanctions be considered or imposed. However, the state attorney
301 may not file an information on a child charged with a
302 misdemeanor, unless the child has had at least two previous
303 adjudications or adjudications withheld for delinquent acts, one
304 of which involved an offense classified as a felony under state
305 law.
306 (2) MANDATORY DIRECT FILE.—
307 (a) With respect to any child who was 16 or 17 years of age
308 at the time the alleged offense was committed, the state
309 attorney shall file an information if the child has been
310 previously adjudicated delinquent for an act classified as a
311 felony, which adjudication was for the commission of, attempt to
312 commit, or conspiracy to commit murder, sexual battery, armed or
313 strong-armed robbery, carjacking, home-invasion robbery,
314 aggravated battery, or aggravated assault, and the child is
315 currently charged with a second or subsequent violent crime
316 against a person.
317 (b) With respect to any child 16 or 17 years of age at the
318 time an offense classified as a forcible felony, as defined in
319 s. 776.08, was committed, the state attorney shall file an
320 information if the child has previously been adjudicated
321 delinquent or had adjudication withheld for three acts
322 classified as felonies each of which occurred at least 45 days
323 apart from each other. This paragraph does not apply when the
324 state attorney has good cause to believe that exceptional
325 circumstances exist which preclude the just prosecution of the
326 juvenile in adult court.
327 (c) The state attorney must file an information if a child,
328 regardless of the child’s age at the time the alleged offense
329 was committed, is alleged to have committed an act that would be
330 a violation of law if the child were an adult, that involves
331 stealing a motor vehicle, including, but not limited to, a
332 violation of s. 812.133, relating to carjacking, or s.
333 812.014(2)(c)6., relating to grand theft of a motor vehicle, and
334 while the child was in possession of the stolen motor vehicle
335 the child caused serious bodily injury to or the death of a
336 person who was not involved in the underlying offense. For
337 purposes of this section, the driver and all willing passengers
338 in the stolen motor vehicle at the time such serious bodily
339 injury or death is inflicted shall also be subject to mandatory
340 transfer to adult court. “Stolen motor vehicle,” for the
341 purposes of this section, means a motor vehicle that has been
342 the subject of any criminal wrongful taking. For purposes of
343 this section, “willing passengers” means all willing passengers
344 who have participated in the underlying offense.
345 (d)1. With respect to any child who was 16 or 17 years of
346 age at the time the alleged offense was committed, the state
347 attorney shall file an information if the child has been charged
348 with committing or attempting to commit an offense listed in s.
349 775.087(2)(a)1.a.-p., and, during the commission of or attempt
350 to commit the offense, the child:
351 a. Actually possessed a firearm or destructive device, as
352 those terms are defined in s. 790.001.
353 b. Discharged a firearm or destructive device, as described
354 in s. 775.087(2)(a)2.
355 c. Discharged a firearm or destructive device, as described
356 in s. 775.087(2)(a)3., and, as a result of the discharge, death
357 or great bodily harm was inflicted upon any person.
358 2. Upon transfer, any child who is:
359 a. Charged under sub-subparagraph 1.a. and who has been
360 previously adjudicated or had adjudication withheld for a
361 forcible felony offense or any offense involving a firearm, or
362 who has been previously placed in a residential commitment
363 program, shall be subject to sentencing under s. 775.087(2)(a),
364 notwithstanding s. 985.565.
365 b. Charged under sub-subparagraph 1.b. or sub-subparagraph
366 1.c., shall be subject to sentencing under s. 775.087(2)(a),
367 notwithstanding s. 985.565.
368 3. Upon transfer, any child who is charged under this
369 paragraph, but who does not meet the requirements specified in
370 subparagraph 2., shall be sentenced under s. 985.565; however,
371 if the court imposes a juvenile sanction, the court must commit
372 the child to a high-risk or maximum-risk juvenile facility.
373 4. This paragraph shall not apply if the state attorney has
374 good cause to believe that exceptional circumstances exist that
375 preclude the just prosecution of the child in adult court.
376 (c)5. The Department of Corrections shall make every
377 reasonable effort to ensure that any child who is 16 years of
378 age or older but has not yet reached the age of 18 and 16 or 17
379 years of age who is convicted and sentenced under this section
380 is paragraph be completely separated such that there is no
381 physical contact with adult offenders in the facility, to the
382 extent that it is consistent with chapter 958.
383 (2)(3) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
384 FILE.—
385 (a) Once a child has been transferred for criminal
386 prosecution pursuant to an information and has been found to
387 have committed the presenting offense or a lesser included
388 offense, the child shall be handled thereafter in every respect
389 as if an adult for any subsequent violation of state law, unless
390 the court imposes juvenile sanctions under s. 985.565.
391 (b) When a child is transferred for criminal prosecution as
392 an adult, the court shall immediately transfer and certify to
393 the adult circuit court all felony cases pertaining to the
394 child, for prosecution of the child as an adult, which have not
395 yet resulted in a plea of guilty or nolo contendere or in which
396 a finding of guilt has not been made. If a child is acquitted of
397 all charged offenses or lesser included offenses contained in
398 the original case transferred to adult court, all felony cases
399 that were transferred to adult court as a result of this
400 paragraph shall be subject to the same penalties to which such
401 cases would have been subject before being transferred to adult
402 court.
403 (c) When a child has been transferred for criminal
404 prosecution as an adult and has been found to have committed a
405 violation of state law, the disposition of the case may be made
406 under s. 985.565 and may include the enforcement of any
407 restitution ordered in any juvenile proceeding.
408 (3) FITNESS HEARING BEFORE A JUDGE.—A child who is
409 transferred to adult court under this section may request, in
410 writing, a hearing before the court to determine whether he or
411 she shall remain in adult court. The adult court, in determining
412 whether public safety would be best served by retaining
413 jurisdiction, shall consider the seriousness of the offense; the
414 extent of the child’s alleged participation or role in the
415 offense; the sophistication, maturity, and mental development of
416 the child; any prior adjudications or adjudications withheld of
417 the child; and any other consideration set forth in s.
418 985.556(3)(c). The adult court may, based on these
419 considerations, transfer the case back to juvenile court.
420 (4) TRANSFER PROHIBITION.—Notwithstanding any other law, a
421 child who is eligible for prosecution as an adult and who has a
422 pending competency hearing in juvenile court or who has
423 previously been found to be incompetent but has not been
424 restored to competency by a court may not be transferred to
425 adult court for criminal prosecution until the child’s
426 competency has been restored.
427 (5) DATA COLLECTION RELATING TO PROSECUTING CHILDREN AS
428 ADULTS.—
429 (a) Beginning January 1, 2019, the department shall collect
430 data relating to children who qualify to be prosecuted as adults
431 under this section and s. 985.556, regardless of the outcome of
432 the case, including, but not limited to:
433 1. Age.
434 2. Race and ethnicity.
435 3. Gender.
436 4. Circuit and county of residence.
437 5. Circuit and county of offense.
438 6. Prior adjudications or adjudications withheld.
439 7. Prior periods of probation, including any violations of
440 probation.
441 8. Previous contact with law enforcement agencies or the
442 court which resulted in a civil citation, arrest, or other
443 charge being filed with the state.
444 9. Initial charges.
445 10. Charges at disposition.
446 11. Whether child codefendants were involved who were
447 transferred to adult court.
448 12. Whether the child was represented by counsel or waived
449 counsel.
450 13. The child’s risk assessment instrument score.
451 14. The child’s medical, mental health, substance abuse, or
452 trauma history.
453 15. The child’s history of mental impairment or disability
454 related accommodations.
455 16. The child’s history of abuse or neglect.
456 17. The child’s history of foster care placements,
457 including the number of prior placements.
458 18. Whether the child has below-average intellectual
459 functioning.
460 19. Whether the child has received mental health services
461 or treatment.
462 20. Whether the child has been the subject of a child-in
463 need-of-services or families-in-need-of-services petition or a
464 dependency petition.
465 21. Whether the child was transferred for criminal
466 prosecution as an adult.
467 22. The case resolution in juvenile court.
468 23. The case resolution in adult court.
469 24. Information included in the disposition order or the
470 judgment and sentence order under subparagraph (1)(b)1.
471 (b) Beginning January 1, 2019, the department shall also
472 collect data relating to children transferred for criminal
473 prosecution as adults, including, but not limited to:
474 1. Disposition data, including, but not limited to, adult
475 sanctions, juvenile sanctions, or diversions received and, if
476 sentenced to prison, the length of the prison sentence or the
477 length of the enhanced sentence.
478 2. Incompetence to proceed in juvenile court.
479 (c) For every juvenile case transferred between July 1,
480 2017, and June 30, 2018, the department shall work with the
481 Office of Program Policy Analysis and Government Accountability
482 to generate a report analyzing the aggregated data under
483 paragraphs (a) and (b). The department must provide the report
484 to the Governor, the President of the Senate, and the Speaker of
485 the House of Representatives by January 31, 2019.
486 (d) The department must work with the Office of Program
487 Policy Analysis and Government Accountability to generate a
488 report analyzing the aggregated data under paragraphs (a) and
489 (b) on an annual basis. The department shall provide the report
490 annually to the Governor, the President of the Senate, and the
491 Speaker of the House of Representatives no later than January 31
492 of the following calendar year.
493 (6)(4) An information filed pursuant to this section may
494 include all charges that are based on the same act, criminal
495 episode, or transaction as the primary offenses.
496 Section 3. Section 985.56, Florida Statutes, is amended to
497 read:
498 985.56 Indictment of a juvenile.—
499 (1) A child 14 years of age or older of any age who is
500 charged with a violation of state law punishable by death or by
501 life imprisonment is subject to the jurisdiction of the court as
502 set forth in s. 985.0301(2) unless and until an indictment on
503 the charge is returned by the grand jury. When such indictment
504 is returned, the petition for delinquency, if any, must be
505 dismissed and the child must be tried and handled in every
506 respect as an adult:
507 (a) On the indicting offense punishable by death or by life
508 imprisonment; and
509 (b) On all other felonies or misdemeanors charged in the
510 indictment which are based on the same act or transaction as the
511 indicting offense punishable by death or by life imprisonment or
512 on one or more acts or transactions connected with the offense
513 punishable by death or by life imprisonment.
514 (2) An adjudicatory hearing may not be held until 21 days
515 after the child is taken into custody and charged with having
516 committed an indictable offense punishable by death or by life
517 imprisonment, unless the state attorney advises the court in
518 writing that he or she does not intend to present the case to
519 the grand jury, or has presented the case to the grand jury and
520 the grand jury has not returned an indictment. If the court
521 receives such a notice from the state attorney, or if the grand
522 jury fails to act within the 21-day period, the court may
523 proceed as otherwise authorized under this part.
524 (3) Notwithstanding any other law, a child who is eligible
525 for indictment and who has a pending competency hearing in
526 juvenile court or who has been previously found to be
527 incompetent and has not been restored to competency by a court
528 may not be transferred to adult court for criminal prosecution
529 until the child’s competency is restored. A pending competency
530 hearing or a finding of incompetency tolls the time limits in
531 subsection (2). If the child is found to have committed the
532 offense punishable by death or by life imprisonment, the child
533 shall be sentenced as an adult. If the juvenile is not found to
534 have committed the indictable offense but is found to have
535 committed a lesser included offense or any other offense for
536 which he or she was indicted as a part of the criminal episode,
537 the court may sentence under s. 985.565.
538 (4)(a) If Once a child has been indicted pursuant to this
539 section and has been found to have committed any offense for
540 which he or she was indicted as a part of the criminal episode,
541 the child shall be handled thereafter in every respect as if an
542 adult for any subsequent violation of state law, unless the
543 court imposes juvenile sanctions under s. 985.565.
544 (b) If When a child has been indicted pursuant to this
545 section, the court shall immediately transfer and certify to the
546 adult circuit court all felony cases pertaining to the child,
547 for prosecution of the child as an adult, which have not yet
548 resulted in a plea of guilty or nolo contendere or in which a
549 finding of guilt has not been made. If the child is acquitted of
550 all charged offenses or lesser included offenses contained in
551 the indictment case, all felony cases that were transferred to
552 adult court pursuant to this paragraph shall be subject to the
553 same penalties such cases were subject to before being
554 transferred to adult court.
555 Section 4. Subsection (1) and paragraphs (a) and (b) of
556 subsection (4) of section 985.565, Florida Statutes, are amended
557 to read:
558 985.565 Sentencing powers; procedures; alternatives for
559 juveniles prosecuted as adults.—
560 (1) POWERS OF DISPOSITION.—
561 (a) A child who is found to have committed a violation of
562 law may, as an alternative to adult dispositions, be committed
563 to the department for treatment in an appropriate program for
564 children outside the adult correctional system or be placed on
565 juvenile probation.
566 (b) In determining whether to impose juvenile sanctions
567 instead of adult sanctions, the court shall consider the
568 following criteria:
569 1. The seriousness of the offense to the community and
570 whether the protection of the community would be best served be
571 protected by juvenile or adult sanctions.
572 2. The extent of the child’s participation in the offense.
573 3. The effect, if any, of familial or peer pressure on the
574 child’s actions.
575 4.2. Whether the offense was committed in an aggressive,
576 violent, premeditated, or willful manner.
577 5.3. Whether the offense was against persons or against
578 property, with greater weight being given to offenses against
579 persons, especially if personal injury resulted.
580 6.4. The sophistication, and maturity, and mental
581 development of the child, including: offender.
582 a. The child’s age, maturity, intellectual capacity, and
583 mental and emotional health at the time of the offense.
584 b. The child’s background, including his or her family,
585 home, and community environment.
586 c. The effect, if any, of immaturity, impetuosity, or
587 failure to appreciate the risks and consequences of the offense
588 on the child’s participation in the offense.
589 d. The effect, if any, of characteristics attributable to
590 the child’s age on the child’s judgment.
591 7.5. The record and previous history of the child offender,
592 including:
593 a. Previous contacts with the Department of Corrections,
594 the Department of Juvenile Justice, the former Department of
595 Health and Rehabilitative Services, or the Department of
596 Children and Families, and the adequacy and appropriateness of
597 the services provided by the Department of Juvenile Justice to
598 address the child’s needs law enforcement agencies, and the
599 courts.
600 b. Prior periods of probation.
601 c. Prior adjudications that the offender committed a
602 delinquent act or violation of law as a child.
603 d. Prior commitments to the Department of Juvenile Justice,
604 the former Department of Health and Rehabilitative Services, the
605 Department of Children and Families, or other facilities or
606 institutions and the adequacy and appropriateness of the
607 services provided by such entity to address the child’s needs.
608 e. Previous contacts with law enforcement agencies and the
609 courts.
610 f. History of abuse, abandonment, or neglect.
611 g. History of foster care placements.
612 h. Identification of the child as having a disability.
613 i. History of mental health services or treatment.
614 8.6. The prospects for adequate protection of the public
615 and the likelihood of deterrence and reasonable rehabilitation
616 of the offender if assigned to services and facilities of the
617 Department of Juvenile Justice.
618 9.7. Whether the Department of Juvenile Justice has
619 appropriate programs, facilities, and services immediately
620 available.
621 10.8. Whether adult sanctions would provide more
622 appropriate punishment and deterrence to further violations of
623 law than the imposition of juvenile sanctions.
624 11. Whether the Department of Corrections has appropriate
625 programs, facilities, and services immediately available.
626 (4) SENTENCING ALTERNATIVES.—
627 (a) Adult sanctions.—
628 1. Cases prosecuted on indictment.—If the child is found to
629 have committed the offense punishable by death or life
630 imprisonment, the child shall be sentenced as an adult. If the
631 juvenile is not found to have committed the indictable offense
632 but is found to have committed a lesser included offense or any
633 other offense for which he or she was indicted as a part of the
634 criminal episode, the court may sentence as follows:
635 a. As an adult;
636 b. Under chapter 958; or
637 c. As a juvenile under this section.
638 1.2. Other cases.—If a child who has been transferred for
639 criminal prosecution pursuant to indictment, information, or
640 waiver of juvenile court jurisdiction is found to have committed
641 a violation of state law or a lesser included offense for which
642 he or she was charged as a part of the criminal episode, the
643 court may sentence as follows:
644 a. As an adult;
645 b. Under chapter 958; or
646 c. As a juvenile under this section.
647 3. Notwithstanding any other provision to the contrary, if
648 the state attorney is required to file a motion to transfer and
649 certify the juvenile for prosecution as an adult under s.
650 985.556(3) and that motion is granted, or if the state attorney
651 is required to file an information under s. 985.557(2)(a) or
652 (b), the court must impose adult sanctions.
653 4. Any sentence imposing adult sanctions is presumed
654 appropriate, and the court is not required to set forth specific
655 findings or enumerate the criteria in this subsection as any
656 basis for its decision to impose adult sanctions.
657 2.5. If When a child who has been transferred for criminal
658 prosecution as an adult is and has been found to have committed
659 a violation of state law, the disposition of the case may
660 include the enforcement of any restitution ordered in any
661 juvenile proceeding.
662 (b) Juvenile sanctions.—For juveniles transferred to adult
663 court but who do not qualify for such transfer under s.
664 985.556(3) or s. 985.557(2)(a) or (b), The court may impose
665 juvenile sanctions under this paragraph for juveniles
666 transferred to adult court. If juvenile sentences are imposed,
667 the court shall, under this paragraph, adjudge the child to have
668 committed a delinquent act. Adjudication of delinquency shall
669 not be deemed a conviction, nor shall it operate to impose any
670 of the civil disabilities ordinarily resulting from a
671 conviction. The court shall impose an adult sanction or a
672 juvenile sanction and may not sentence the child to a
673 combination of adult and juvenile punishments. An adult sanction
674 or a juvenile sanction may include enforcement of an order of
675 restitution or probation previously ordered in any juvenile
676 proceeding. However, if the court imposes a juvenile sanction
677 and the department determines that the sanction is unsuitable
678 for the child, the department shall return custody of the child
679 to the sentencing court for further proceedings, including the
680 imposition of adult sanctions. Upon adjudicating a child
681 delinquent under subsection (1), the court may:
682 1. Place the child in a probation program under the
683 supervision of the department for an indeterminate period of
684 time until the child reaches the age of 19 years or sooner if
685 discharged by order of the court.
686 2. Commit the child to the department for treatment in an
687 appropriate program for children for an indeterminate period of
688 time until the child is 21 or sooner if discharged by the
689 department. The department shall notify the court of its intent
690 to discharge no later than 14 days prior to discharge. Failure
691 of the court to timely respond to the department’s notice shall
692 be considered approval for discharge.
693 3. Order disposition under ss. 985.435, 985.437, 985.439,
694 985.441, 985.45, and 985.455 as an alternative to youthful
695 offender or adult sentencing if the court determines not to
696 impose youthful offender or adult sanctions.
697
698 It is the intent of the Legislature that the criteria and
699 guidelines in this subsection are mandatory and that a
700 determination of disposition under this subsection is subject to
701 the right of the child to appellate review under s. 985.534.
702 Section 5. Subsection (54) of section 985.03, Florida
703 Statutes, is amended to read:
704 985.03 Definitions.—As used in this chapter, the term:
705 (54) “Waiver hearing” means a hearing provided for under s.
706 985.556(3) s. 985.556(4).
707 Section 6. Subsection (1) of section 985.15, Florida
708 Statutes, is amended to read:
709 985.15 Filing decisions.—
710 (1) The state attorney may in all cases take action
711 independent of the action or lack of action of the juvenile
712 probation officer and shall determine the action that is in the
713 best interest of the public and the child. If the child meets
714 the criteria requiring prosecution as an adult under s. 985.556,
715 the state attorney shall request the court to transfer and
716 certify the child for prosecution as an adult or shall provide
717 written reasons to the court for not making such a request. In
718 all other cases, The state attorney may:
719 (a) File a petition for dependency;
720 (b) File a petition under chapter 984;
721 (c) File a petition for delinquency;
722 (d) File a petition for delinquency with a motion to
723 transfer and certify the child for prosecution as an adult;
724 (e) File an information under s. 985.557;
725 (f) Refer the case to a grand jury;
726 (g) Refer the child to a diversionary, pretrial
727 intervention, arbitration, or mediation program, or to some
728 other treatment or care program if such program commitment is
729 voluntarily accepted by the child or the child’s parents or
730 legal guardian; or
731 (h) Decline to file.
732 Section 7. Subsection (5) of section 985.265, Florida
733 Statutes, is amended to read:
734 985.265 Detention transfer and release; education; adult
735 jails.—
736 (5) The court may shall order the delivery of a child to a
737 jail or other facility intended or used for the detention of
738 adults:
739 (a) When the child has been transferred or indicted for
740 criminal prosecution as an adult under part X, except that the
741 court may not order or allow a child alleged to have committed a
742 misdemeanor who is being transferred for criminal prosecution
743 pursuant to either s. 985.556 or s. 985.557 to be detained or
744 held in a jail or other facility intended or used for the
745 detention of adults; however, such child may be held temporarily
746 in a detention facility; or
747 (b) When a child taken into custody in this state is wanted
748 by another jurisdiction for prosecution as an adult.
749
750 The child shall be housed separately from adult inmates to
751 prohibit a child from having regular contact with incarcerated
752 adults, including trusties. “Regular contact” means sight and
753 sound contact. Separation of children from adults shall permit
754 no more than haphazard or accidental contact. The receiving jail
755 or other facility shall contain a separate section for children
756 and shall have an adequate staff to supervise and monitor the
757 child’s activities at all times. Supervision and monitoring of
758 children includes physical observation and documented checks by
759 jail or receiving facility supervisory personnel at intervals
760 not to exceed 10 minutes. This subsection does not prohibit
761 placing two or more children in the same cell. Under no
762 circumstances shall a child be placed in the same cell with an
763 adult.
764 Section 8. For the purpose of incorporating the amendments
765 made by this act to sections 985.557 and 985.56, Florida
766 Statutes, in references thereto, paragraph (c) of subsection (2)
767 of section 985.26, Florida Statutes, is reenacted to read:
768 985.26 Length of detention.—
769 (2)
770 (c) A prolific juvenile offender under s. 985.255(1)(j)
771 shall be placed on nonsecure detention care with electronic
772 monitoring or in secure detention care under a special detention
773 order until disposition. If secure detention care is ordered by
774 the court, it must be authorized under this part and may not
775 exceed:
776 1. Twenty-one days unless an adjudicatory hearing for the
777 case has been commenced in good faith by the court or the period
778 is extended by the court pursuant to paragraph (b); or
779 2. Fifteen days after the entry of an order of
780 adjudication.
781
782 As used in this paragraph, the term “disposition” means a
783 declination to file under s. 985.15(1)(h), the entry of nolle
784 prosequi for the charges, the filing of an indictment under s.
785 985.56 or an information under s. 985.557, a dismissal of the
786 case, or an order of final disposition by the court.
787 Section 9. For the purpose of incorporating the amendment
788 made by this act to section 985.565, Florida Statutes, in a
789 reference thereto, subsection (3) of section 985.514, Florida
790 Statutes, is reenacted to read:
791 985.514 Responsibility for cost of care; fees.—
792 (3) When the court under s. 985.565 orders any child
793 prosecuted as an adult to be supervised by or committed to the
794 department for treatment in any of the department’s programs for
795 children, the court shall order the child’s parents to pay fees
796 as provided in s. 985.039.
797 Section 10. This act shall take effect July 1, 2018.
