Bill Text: FL S1354 | 2011 | Regular Session | Introduced
Bill Title: Juvenile Detention
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1354 Detail]
Download: Florida-2011-S1354-Introduced.html
Florida Senate - 2011 SB 1354
By Senator Storms
10-01424-11 20111354__
1 A bill to be entitled
2 An act relating to juvenile detention; amending s.
3 985.245, F.S.; requiring that points be added to a
4 supervised child’s risk assessment instrument if the
5 child is charged with committing a new offense;
6 amending s. 985.255, F.S.; providing for the continued
7 detention of a child who is alleged to have violated
8 the conditions of home detention; broadening the
9 criteria under which a child may be detained for
10 failing to appear for any hearing; providing that a
11 child who violates the conditions of home detention
12 may be placed in secure detention; extending the time
13 that a child may be held in advance of the next
14 scheduled court hearing; deleting the provision
15 specifying that failure to provide a current or valid
16 address is not an adequate excuse for nonappearance;
17 amending s. 985.26, F.S.; extending the period that a
18 child may be held under a special detention order;
19 clarifying that a child may not be held in detention
20 for more than 15 days pending disposition; amending s.
21 985.27, F.S.; providing that a child who is awaiting
22 placement and who is arrested for any offense may be
23 placed in secure detention; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (4) of section 985.245, Florida
29 Statutes, is amended to read:
30 985.245 Risk assessment instrument.—
31 (4) For a child who is under the supervision of the
32 department through probation, home detention, nonsecure
33 detention, conditional release, postcommitment probation, or
34 commitment and who is charged with committing a new offense, the
35 risk assessment instrument may be completed and scored based on
36 the underlying charge for which the child was placed under the
37 supervision of the department and the new offense. In addition,
38 a score of 3 points in aggravation shall be included.
39 Section 2. Present paragraphs (i) and (j) of subsection (1)
40 of section 985.255, Florida Statutes, are redesignated as
41 paragraphs (j) and (k), respectively, and amended, and new
42 paragraphs (i) and (l) are added to that subsection, to read:
43 985.255 Detention criteria; detention hearing.—
44 (1) Subject to s. 985.25(1), a child taken into custody and
45 placed into nonsecure or home detention care or detained in
46 secure detention care prior to a detention hearing may continue
47 to be detained by the court if:
48 (i) The child is alleged to have violated the conditions of
49 the child’s home detention.
50 (j)(i) The child is detained on a judicial order for
51 failure to appear and has previously willfully failed to appear,
52 after proper notice, for any an adjudicatory hearing on the same
53 case regardless of the results of the risk assessment
54 instrument. A child may be held in secure detention for up to 5
55 business days 72 hours in advance of the next scheduled court
56 hearing pursuant to this paragraph. The child’s failure to keep
57 the clerk of court and defense counsel informed of a current and
58 valid mailing address where the child will receive notice to
59 appear at court proceedings does not provide an adequate ground
60 for excusal of the child’s nonappearance at the hearings.
61 (k)(j) The child is detained on a judicial order for
62 failure to appear and has previously willfully failed to appear,
63 after proper notice, at two or more court hearings of any nature
64 on the same case. In such case, the child shall be held in
65 secure detention for up to 21 days regardless of the results of
66 the risk assessment instrument. A child may be held in secure
67 detention for up to 72 hours in advance of the next scheduled
68 court hearing pursuant to this paragraph. The child’s failure to
69 keep the clerk of court and defense counsel informed of a
70 current and valid mailing address where the child will receive
71 notice to appear at court proceedings does not provide an
72 adequate ground for excusal of the child’s nonappearance at the
73 hearings.
74 (l) The child is released on home detention and violates
75 the conditions thereof. In such case, the child may be placed in
76 secure detention regardless of the score on the risk assessment
77 instrument.
78 Section 3. Section 985.26, Florida Statutes, is amended to
79 read:
80 985.26 Length of detention.—
81 (1) A child may not be placed into or held in secure,
82 nonsecure, or home detention care for longer than 24 hours
83 unless the court orders such detention care, and the order
84 includes specific instructions that direct the release of the
85 child from such detention care, in accordance with s. 985.255.
86 The order shall be a final order, reviewable by appeal under s.
87 985.534 and the Florida Rules of Appellate Procedure. Appeals of
88 such orders shall take precedence over other appeals and other
89 pending matters.
90 (2) A child may not be held in secure, nonsecure, or home
91 detention care under a special detention order for more than 30
92 21 days unless an adjudicatory hearing for the case has been
93 commenced in good faith by the court. However, upon good cause
94 being shown that the nature of the charge requires additional
95 time for the prosecution or defense of the case, the court may
96 extend the length of detention for an additional 15 9 days. If
97 the child is charged with an offense that would be, if committed
98 by an adult, a capital felony, a life felony, a felony of the
99 first degree, or a felony of the second degree involving
100 violence against any individual, the child may be held in secure
101 detention for up to 45 days.
102 (3) Except as provided in subsection (2), a child may not
103 be held in secure, nonsecure, or home detention care for more
104 than 15 days pending disposition and following the entry of an
105 order of adjudication.
106 Section 4. Subsection (3) is added to section 985.27,
107 Florida Statutes, to read:
108 985.27 Postcommitment detention while awaiting placement.—
109 (3) A child who is awaiting placement in any commitment
110 level may be held in secure detention pending placement if the
111 child is arrested for any offense, including a misdemeanor. A
112 child may be placed in home detention care, nonsecure detention
113 care, or home or nonsecure detention care with electronic
114 monitoring while awaiting placement into a program.
115 Section 5. This act shall take effect July 1, 2011.
