Bill Text: FL S1166 | 2021 | Regular Session | Comm Sub
Bill Title: Juvenile Justice
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 885 (Ch. 2021-219) [S1166 Detail]
Download: Florida-2021-S1166-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1166 By the Committees on Appropriations; and Criminal Justice; and Senator Brandes 576-04227-21 20211166c2 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 20.316, F.S.; creating the Accountability and Program 4 Support Program within the Department of Juvenile 5 Justice and revising the name of an existing program; 6 amending s. 985.101, F.S.; authorizing a court to 7 order that a child be taken into custody for failure 8 to appear; requiring a court to consider specified 9 information before it issues such an order; amending 10 s. 985.435, F.S.; requiring each judicial circuit to 11 develop, in consultation with specified persons and 12 entities, a written plan specifying the alternative 13 consequence component which must be based upon certain 14 principles; providing that the alternative consequence 15 component is designed to provide swift and appropriate 16 consequences or incentives to a child who is alleged 17 to be noncompliant with or in violation of probation; 18 repealing s. 985.686, F.S., relating to the shared 19 county and state financial support responsibility for 20 juvenile detention; amending s. 985.6865, F.S.; 21 deleting provisions relating to legislative findings 22 and intent; requiring the Department of Juvenile 23 Justice to calculate annually by a certain date and 24 provide to each county that is not a fiscally 25 constrained county and that does not provide its own 26 detention care for juveniles its annual percentage 27 share of detention costs; requiring each county that 28 is not a fiscally constrained county and that does not 29 provide its own detention care for juveniles to 30 incorporate into its annual county budget sufficient 31 funds to pay its annual percentage share of detention 32 costs; amending s. 1003.52, F.S.; authorizing the 33 Department of Juvenile Justice, in consultation with 34 the Department of Education, to evaluate the viability 35 of an alternative model for providing and funding 36 education services for youth in detention and 37 residential facilities; providing requirements; 38 providing for expiration; reenacting ss. 960.001(1)(b) 39 and 985.439(2), F.S., relating to guidelines for fair 40 treatment of victims and witnesses in the criminal 41 justice and juvenile justice systems and violation of 42 probation or postcommitment probation, respectively, 43 to incorporate the amendment made to s. 985.101, F.S., 44 in references thereto; reenacting s. 985.565(4)(b), 45 F.S., relating to sentencing alternatives, to 46 incorporate the amendment made to s. 985.435, F.S., in 47 a reference thereto; providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Upon the expiration and reversion of the 52 amendment made to section 20.316, Florida Statutes, pursuant to 53 section 65 of chapter 2020-114, Laws of Florida, subsections (2) 54 and (3) of section 20.316, Florida Statutes, are amended to 55 read: 56 20.316 Department of Juvenile Justice.—There is created a 57 Department of Juvenile Justice. 58 (2) DEPARTMENT PROGRAMS.—The following programs are 59 established within the Department of Juvenile Justice: 60 (a) Accountability and Program Support. 61 (d)(a)Preventionand VictimServices. 62 (c)(b)Intake and Detention. 63 (f)(c)Residential and Correctional Facilities. 64 (e)(d)Probation and Community Corrections. 65 (b)(e)Administration. 66 67 The secretary may establish assistant secretary positions and a 68 chief of staff position as necessary to administer the 69 requirements of this section. 70 (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department 71 shall plan and administer its programs through a substate 72 structure that conforms to the boundaries of the judicial 73 circuits prescribed in s. 26.021. A county may seek placement in 74 a juvenile justice operating circuit other than as prescribed in 75 s. 26.021 for participation in the Preventionand Victim76 Services Program and the Probation and Community Corrections 77 Program by making a request of the chief circuit judge in each 78 judicial circuit affected by such request. Upon a showing that 79 geographic proximity, community identity, or other legitimate 80 concern for efficiency of operations merits alternative 81 placement, each affected chief circuit judge may authorize the 82 execution of an interagency agreement specifying the alternative 83 juvenile justice operating circuit in which the county is to be 84 placed and the basis for the alternative placement. Upon the 85 execution of said interagency agreement by each affected chief 86 circuit judge, the secretary may administratively place a county 87 in an alternative juvenile justice operating circuit pursuant to 88 the agreement. 89 Section 2. Subsection (5) is added to section 985.101, 90 Florida Statutes, to read: 91 985.101 Taking a child into custody.— 92 (5) A court may order that a child be taken into custody 93 for failure to appear. Before the court issues such an order, it 94 must consider all of the following information relating to 95 whether the child’s nonappearance was willful: 96 (a) Whether notice was sent to the address in the official 97 court record. 98 (b) Whether notice was given to the child in any format by 99 anyone. 100 (c) Whether counsel, if any, for the child had contact or 101 attempted to have contact with the child. 102 (d) Whether a department representative had contact or 103 attempted to have contact with the child. 104 (e) Whether the department has any specific information to 105 assist the court in this decision. 106 Section 3. Subsection (4) of section 985.435, Florida 107 Statutes, is amended to read: 108 985.435 Probation and postcommitment probation; community 109 service.— 110 (4) A probation program may also include an alternative 111 consequence component to address instances in which a child is 112 noncompliant with technical conditions of his or her probation 113 but has not committed any new violations of law. Each circuit 114 shall develop, in consultation with judges, the state attorney, 115 the public defender, relevant law enforcement agencies, and the 116 department, a written plan specifying the alternative 117 consequence component which must be based upon the principle 118 that sanctions must reflect the seriousness of the violation, 119 the assessed criminogenic needs and risks of the child, the 120 child’s age and maturity level, and how effective the sanction 121 or incentive will be in moving the child to compliant behavior. 122 The alternative consequence component is designed to provide 123 swift and appropriate consequences or incentives to a child who 124 is alleged to be noncompliant with or in violation ofto any125noncompliance with technical conditions ofprobation. If the 126 probation program includes this component, specific consequences 127 that apply to noncompliance with specific technical conditions 128 of probation, as well as incentives used to move the child 129 toward compliant behavior, must be detailed in the disposition 130 order. 131 Section 4. Section 985.686, Florida Statutes, is repealed. 132 Section 5. Subsections (1) through (6) of section 985.6865, 133 Florida Statutes, are amended to read: 134 985.6865 Juvenile detention.— 135(1) The Legislature finds that various counties and the136Department of Juvenile Justice have engaged in a multitude of137legal proceedings regarding detention cost sharing for138juveniles. Such litigation has largely focused on how the139Department of Juvenile Justice calculates the detention costs140that the counties are responsible for paying, leading to the141overbilling of counties for a period of years. Additionally,142litigation pending in 2016 is a financial burden on the143taxpayers of this state.144(2) It is the intent of the Legislature that all counties145that are not fiscally constrained counties and that have pending146administrative or judicial claims or challenges file a notice of147voluntary dismissal with prejudice to dismiss all actions148pending on or before February 1, 2016, against the state or any149state agency related to juvenile detention cost sharing.150Furthermore, all counties that are not fiscally constrained151shall execute a release and waiver of any existing or future152claims and actions arising from detention cost share prior to153the 2016-2017 fiscal year. The department may not seek154reimbursement from counties complying with this subsection for155any underpayment for any cost-sharing requirements before the1562016-2017 fiscal year.157 (1)(3)As used in this section, the term: 158 (a) “Detention care” means secure detention and respite 159 beds for juveniles charged with a domestic violence crime. 160 (b) “Fiscally constrained county” means a county within a 161 rural area of opportunity as designated by the Governor pursuant 162 to s. 288.0656 or each county for which the value of a mill will 163 raise no more than $5 million in revenue, based on the certified 164 school taxable value certified pursuant to s. 1011.62(4)(a)1.a., 165 from the previous July 1. 166 (c) “Total shared detention costs” means the amount of 167 funds expended by the department for the costs of detention care 168 for the prior fiscal year. This amount includes the most recent 169 actual certify forward amounts minus any funds it expends on 170 detention care for juveniles residing in fiscally constrained 171 counties or out of state. 172 (2)(4)Notwithstanding s. 985.686, for the 2017-2018 fiscal173year, and each fiscal year thereafter, each county that is not a174fiscally constrained county and that has taken the action175fulfilling the intent of this section as described in subsection176(2) shall pay its annual percentage share of 50 percent of the177total shared detention costs.ByAnnually by July 15,2017, and178each year thereafter,the department shall calculate and provide 179 to each county that is not a fiscally constrained county and 180 that does not provide its own detention care for juveniles its 181 annual percentage share by dividing the total number of 182 detention days for juveniles residing in the county for the most 183 recently completed 12-month period by the total number of 184 detention days for juveniles in all counties that are not 185 fiscally constrained counties during the same period. The annual 186 percentage share of each county that is not a fiscally 187 constrained county and that does not provide its own detention 188 care for juveniles must be multiplied by 50 percent of the total 189 shared detention costs to determine that county’s share of 190 detention costs. Beginning August 1, each such county shall pay 191 to the department its share of detention costs, which shall be 192 paid in 12 equal payments due on the first day of each month. 193 The state shall pay the remaining actual costs of detention 194 care. 195 (3)(5)The state shall pay all costs of detention care for 196 juveniles residing in a fiscally constrained county and for 197 juveniles residing out of state. The state shall pay all costs 198 of detention care for juveniles housed in state detention 199 centers from counties that provide their own detention care for 200 juveniles. 201 (4)(6)Each county that is not a fiscally constrained 202 county and that does not provide its own detention care for 203 juvenileshas taken the action fulfilling the intent of this204section as described in subsection (2)shall incorporate into 205 its annual county budget sufficient funds to pay its annual 206 percentage share of the total shared detention costs required by 207 subsection (2)(4). 208 Section 6. Subsection (23) is added to section 1003.52, 209 Florida Statutes, to read: 210 1003.52 Educational services in Department of Juvenile 211 Justice programs.— 212 (23) Notwithstanding this section, during fiscal year 2021 213 2022, the Department of Juvenile Justice, in consultation with 214 the Department of Education, is authorized to evaluate the 215 viability of an alternative model for providing and funding 216 education services for youth in detention and residential 217 facilities. This evaluation must include material gathered 218 through a request for information process. Such model must 219 provide for assessments and direct educational services, 220 including, but not limited to, special education and career and 221 technical educational services; transition planning; educational 222 program accountability standards; research-based best practices 223 for educating justice-involved youth; and the recruiting, 224 hiring, and training of teachers. This subsection expires June 225 1, 2022. 226 Section 7. For the purpose of incorporating the amendment 227 made by this act to section 985.101, Florida Statutes, in 228 references thereto, paragraph (b) of subsection (1) of section 229 960.001, Florida Statutes, is reenacted to read: 230 960.001 Guidelines for fair treatment of victims and 231 witnesses in the criminal justice and juvenile justice systems.— 232 (1) The Department of Legal Affairs, the state attorneys, 233 the Department of Corrections, the Department of Juvenile 234 Justice, the Florida Commission on Offender Review, the State 235 Courts Administrator and circuit court administrators, the 236 Department of Law Enforcement, and every sheriff’s department, 237 police department, or other law enforcement agency as defined in 238 s. 943.10(4) shall develop and implement guidelines for the use 239 of their respective agencies, which guidelines are consistent 240 with the purposes of this act and s. 16(b), Art. I of the State 241 Constitution and are designed to implement s. 16(b), Art. I of 242 the State Constitution and to achieve the following objectives: 243 (b) Information for purposes of notifying victim or 244 appropriate next of kin of victim or other designated contact of 245 victim.—In the case of a homicide, pursuant to chapter 782; or a 246 sexual offense, pursuant to chapter 794; or an attempted murder 247 or sexual offense, pursuant to chapter 777; or stalking, 248 pursuant to s. 784.048; or domestic violence, pursuant to s. 249 25.385: 250 1. The arresting law enforcement officer or personnel of an 251 organization that provides assistance to a victim or to the 252 appropriate next of kin of the victim or other designated 253 contact must request that the victim or appropriate next of kin 254 of the victim or other designated contact complete a victim 255 notification card. However, the victim or appropriate next of 256 kin of the victim or other designated contact may choose not to 257 complete the victim notification card. 258 2. Unless the victim or the appropriate next of kin of the 259 victim or other designated contact waives the option to complete 260 the victim notification card, a copy of the victim notification 261 card must be filed with the incident report or warrant in the 262 sheriff’s office of the jurisdiction in which the incident 263 report or warrant originated. The notification card shall, at a 264 minimum, consist of: 265 a. The name, address, and phone number of the victim; or 266 b. The name, address, and phone number of the appropriate 267 next of kin of the victim; or 268 c. The name, address, and telephone number of a designated 269 contact other than the victim or appropriate next of kin of the 270 victim; and 271 d. Any relevant identification or case numbers assigned to 272 the case. 273 3. The chief administrator, or a person designated by the 274 chief administrator, of a county jail, municipal jail, juvenile 275 detention facility, or residential commitment facility shall 276 make a reasonable attempt to notify the alleged victim or 277 appropriate next of kin of the alleged victim or other 278 designated contact within 4 hours following the release of the 279 defendant on bail or, in the case of a juvenile offender, upon 280 the release from residential detention or commitment. If the 281 chief administrator, or designee, is unable to contact the 282 alleged victim or appropriate next of kin of the alleged victim 283 or other designated contact by telephone, the chief 284 administrator, or designee, must send to the alleged victim or 285 appropriate next of kin of the alleged victim or other 286 designated contact a written notification of the defendant’s 287 release. 288 4. Unless otherwise requested by the victim or the 289 appropriate next of kin of the victim or other designated 290 contact, the information contained on the victim notification 291 card must be sent by the chief administrator, or designee, of 292 the appropriate facility to the subsequent correctional or 293 residential commitment facility following the sentencing and 294 incarceration of the defendant, and unless otherwise requested 295 by the victim or the appropriate next of kin of the victim or 296 other designated contact, he or she must be notified of the 297 release of the defendant from incarceration as provided by law. 298 5. If the defendant was arrested pursuant to a warrant 299 issued or taken into custody pursuant to s. 985.101 in a 300 jurisdiction other than the jurisdiction in which the defendant 301 is being released, and the alleged victim or appropriate next of 302 kin of the alleged victim or other designated contact does not 303 waive the option for notification of release, the chief 304 correctional officer or chief administrator of the facility 305 releasing the defendant shall make a reasonable attempt to 306 immediately notify the chief correctional officer of the 307 jurisdiction in which the warrant was issued or the juvenile was 308 taken into custody pursuant to s. 985.101, and the chief 309 correctional officer of that jurisdiction shall make a 310 reasonable attempt to notify the alleged victim or appropriate 311 next of kin of the alleged victim or other designated contact, 312 as provided in this paragraph, that the defendant has been or 313 will be released. 314 Section 8. For the purpose of incorporating the amendment 315 made by this act to section 985.101, Florida Statutes, in a 316 reference thereto, subsection (2) of section 985.439, Florida 317 Statutes, is reenacted to read: 318 985.439 Violation of probation or postcommitment 319 probation.— 320 (2) A child taken into custody under s. 985.101 for 321 violating the conditions of probation shall be screened and 322 detained or released based on his or her risk assessment 323 instrument score. 324 Section 9. For the purpose of incorporating the amendment 325 made by this act to section 985.435, Florida Statutes, in a 326 reference thereto, paragraph (b) of subsection (4) of section 327 985.565, Florida Statutes, is reenacted to read: 328 985.565 Sentencing powers; procedures; alternatives for 329 juveniles prosecuted as adults.— 330 (4) SENTENCING ALTERNATIVES.— 331 (b) Juvenile sanctions.—For juveniles transferred to adult 332 court but who do not qualify for such transfer under s. 333 985.556(3), the court may impose juvenile sanctions under this 334 paragraph. If juvenile sentences are imposed, the court shall, 335 under this paragraph, adjudge the child to have committed a 336 delinquent act. Adjudication of delinquency may not be deemed a 337 conviction, nor shall it operate to impose any of the civil 338 disabilities ordinarily resulting from a conviction. The court 339 shall impose an adult sanction or a juvenile sanction and may 340 not sentence the child to a combination of adult and juvenile 341 punishments. An adult sanction or a juvenile sanction may 342 include enforcement of an order of restitution or probation 343 previously ordered in any juvenile proceeding. However, if the 344 court imposes a juvenile sanction and the department determines 345 that the sanction is unsuitable for the child, the department 346 shall return custody of the child to the sentencing court for 347 further proceedings, including the imposition of adult 348 sanctions. Upon adjudicating a child delinquent under subsection 349 (1), the court may: 350 1. Place the child in a probation program under the 351 supervision of the department for an indeterminate period of 352 time until the child reaches the age of 19 years or sooner if 353 discharged by order of the court. 354 2. Commit the child to the department for treatment in an 355 appropriate program for children for an indeterminate period of 356 time until the child is 21 or sooner if discharged by the 357 department. The department shall notify the court of its intent 358 to discharge no later than 14 days before discharge. Failure of 359 the court to timely respond to the department’s notice shall be 360 considered approval for discharge. 361 3. Order disposition under ss. 985.435, 985.437, 985.439, 362 985.441, 985.45, and 985.455 as an alternative to youthful 363 offender or adult sentencing if the court determines not to 364 impose youthful offender or adult sanctions. 365 366 It is the intent of the Legislature that the criteria and 367 guidelines in this subsection are mandatory and that a 368 determination of disposition under this subsection is subject to 369 the right of the child to appellate review under s. 985.534. 370 Section 10. This act shall take effect July 1, 2021.