Bill Text: FL S1670 | 2017 | Regular Session | Comm Sub
Bill Title: Juvenile Justice
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7059 (Ch. 2017-164) [S1670 Detail]
Download: Florida-2017-S1670-Comm_Sub.html
Florida Senate - 2017 CS for SB 1670
By the Committee on Appropriations; and Senator Latvala
576-04412-17 20171670c1
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 382.0255, F.S.; requiring the Department of Health to
4 waive fees for a birth certificate issued to certain
5 juvenile offenders; amending s. 985.25, F.S.; revising
6 terminology; requiring that a child who meets
7 specified criteria be placed in secure detention care
8 until the child’s detention hearing; amending s.
9 985.255, F.S.; revising terminology; providing an
10 additional circumstance under which the court may
11 order continued detention; providing criteria for a
12 child to be a prolific juvenile offender; defining the
13 term “arrest event”; specifying certain information
14 and criteria that may be considered by a court only
15 when determining whether a prolific juvenile offender
16 should be held in secure detention; conforming
17 provisions to changes made by the act; amending s.
18 985.26, F.S.; revising terminology; requiring the
19 court to place a prolific juvenile offender in certain
20 detention care under a special detention order until
21 disposition; specifying time limitations for secure
22 detention for a prolific juvenile offender; defining
23 the term “disposition”; providing for the tolling of
24 nonsecure detention care for an alleged violation of
25 such detention care; providing for the retention of
26 jurisdiction by the court over a child during the
27 tolling period; revising the calculation of detention
28 care days served if a child violates nonsecure
29 detention care; amending s. 985.265, F.S.; revising
30 terminology; amending s. 985.27, F.S.; requiring
31 secure detention for all children awaiting placement
32 in a residential commitment program until the
33 placement or commitment is accomplished; deleting
34 provisions specifying the maximum number of days a
35 child may be placed in secure detention under certain
36 circumstances; amending s. 985.35, F.S.; requiring the
37 adjudicatory hearing for a child who is a prolific
38 juvenile offender to be held within a specified period
39 unless such child requests a delay; revising the
40 circumstances under which an adjudication of
41 delinquency for a felony disqualifies a person from
42 possessing a firearm; providing a declaration of
43 important state interest; amending s. 985.514, F.S.;
44 revising terminology; reenacting s. 790.22(8), F.S.,
45 relating to secure detention for minors charged with
46 an offense involving BB guns, air or gas-operated
47 guns, or electric weapons or devices, to incorporate
48 the amendments made by the act to ss. 985.25, 985.255,
49 and 985.26, F.S., in references thereto; reenacting s.
50 985.115(2), F.S., relating to release or delivery from
51 custody, to incorporate the amendments made by the act
52 to ss. 985.255 and 985.26, F.S., in references
53 thereto; reenacting s. 985.13(2), F.S., relating to
54 probable cause affidavits, to incorporate the
55 amendments made by the act to ss. 985.255 and 985.26,
56 F.S., in references thereto; reenacting s.
57 985.245(2)(b), F.S., relating to risk assessment
58 instruments, to incorporate the amendment made by this
59 act to s. 985.255, F.S., in a reference thereto;
60 reenacting s. 985.255(2), F.S., relating to detention
61 criteria and hearings, to incorporate the amendment
62 made by this act to s. 985.26, F.S., in a reference
63 thereto; reenacting s. 985.275(1), F.S., relating to
64 detention of an escapee or absconder, to incorporate
65 the amendment made by this act to s. 985.255, F.S., in
66 a reference thereto; reenacting s. 985.319(6), F.S.,
67 relating to process and service, to incorporate the
68 amendment made by this act to s. 985.255, F.S., in a
69 reference thereto; providing an appropriation;
70 providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Subsection (3) of section 382.0255, Florida
75 Statutes, is amended to read:
76 382.0255 Fees.—
77 (3) Fees shall be established by rule. However, until rules
78 are adopted, the fees assessed pursuant to this section shall be
79 the minimum fees cited. The fees established by rule must be
80 sufficient to meet the cost of providing the service. All fees
81 shall be paid by the person requesting the record, are due and
82 payable at the time services are requested, and are
83 nonrefundable, except that, when a search is conducted and no
84 vital record is found, any fees paid for additional certified
85 copies shall be refunded. The department may waive all or part
86 of the fees required under this section for any government
87 entity. The department shall waive all fees required under this
88 section for a certified copy of a birth certificate issued for
89 purposes of an inmate acquiring a state identification card
90 before release pursuant to s. 944.605(7) and for a juvenile
91 offender who is in the custody or under the supervision of the
92 Department of Juvenile Justice and receiving services under s.
93 985.461.
94 Section 2. Subsection (1) of section 985.25, Florida
95 Statutes, is amended to read:
96 985.25 Detention intake.—
97 (1) The department shall receive custody of a child who has
98 been taken into custody from the law enforcement agency or court
99 and shall review the facts in the law enforcement report or
100 probable cause affidavit and make such further inquiry as may be
101 necessary to determine whether detention care is appropriate.
102 (a) During the period of time from the taking of the child
103 into custody to the date of the detention hearing, the initial
104 decision as to the child’s placement into secure or nonsecure
105 detention care shall be made by the department under ss. 985.24
106 and 985.245(1).
107 (b) The department shall base the decision whether to place
108 the child into secure or nonsecure detention care on an
109 assessment of risk in accordance with the risk assessment
110 instrument and procedures developed by the department under s.
111 985.245, except that. However, a child shall be placed in secure
112 detention care until the child’s detention hearing if the child
113 meets the criteria specified in s. 985.255(1)(j), is charged
114 with possessing or discharging a firearm on school property in
115 violation of s. 790.115, or shall be placed in secure detention
116 care. A child who has been taken into custody on three or more
117 separate occasions within a 60-day period shall be placed in
118 secure detention care until the child’s detention hearing.
119 (c) If the final score on the child’s risk assessment
120 instrument indicates detention care is appropriate, but the
121 department otherwise determines the child should be released,
122 the department shall contact the state attorney, who may
123 authorize release.
124 (d) If the final score on the risk assessment instrument
125 indicates detention is not appropriate, the child may be
126 released by the department in accordance with ss. 985.115 and
127 985.13.
128
129 Under no circumstances shall the department or the state
130 attorney or law enforcement officer authorize the detention of
131 any child in a jail or other facility intended or used for the
132 detention of adults, without an order of the court.
133 Section 3. Subsections (1) and (3) of section 985.255,
134 Florida Statutes, are amended to read:
135 985.255 Detention criteria; detention hearing.—
136 (1) Subject to s. 985.25(1), a child taken into custody and
137 placed into secure or nonsecure detention care shall be given a
138 hearing within 24 hours after being taken into custody. At the
139 hearing, the court may order continued detention if:
140 (a) The child is alleged to be an escapee from a
141 residential commitment program; or an absconder from a
142 nonresidential commitment program, a probation program, or
143 conditional release supervision; or is alleged to have escaped
144 while being lawfully transported to or from a residential
145 commitment program.
146 (b) The child is wanted in another jurisdiction for an
147 offense which, if committed by an adult, would be a felony.
148 (c) The child is charged with a delinquent act or violation
149 of law and requests in writing through legal counsel to be
150 detained for protection from an imminent physical threat to his
151 or her personal safety.
152 (d) The child is charged with committing an offense of
153 domestic violence as defined in s. 741.28 and is detained as
154 provided in subsection (2).
155 (e) The child is charged with possession of or discharging
156 a firearm on school property in violation of s. 790.115 or the
157 illegal possession of a firearm.
158 (f) The child is charged with a capital felony, a life
159 felony, a felony of the first degree, a felony of the second
160 degree that does not involve a violation of chapter 893, or a
161 felony of the third degree that is also a crime of violence,
162 including any such offense involving the use or possession of a
163 firearm.
164 (g) The child is charged with any second degree or third
165 degree felony involving a violation of chapter 893 or any third
166 degree felony that is not also a crime of violence, and the
167 child:
168 1. Has a record of failure to appear at court hearings
169 after being properly notified in accordance with the Rules of
170 Juvenile Procedure;
171 2. Has a record of law violations prior to court hearings;
172 3. Has already been detained or has been released and is
173 awaiting final disposition of the case;
174 4. Has a record of violent conduct resulting in physical
175 injury to others; or
176 5. Is found to have been in possession of a firearm.
177 (h) The child is alleged to have violated the conditions of
178 the child’s probation or conditional release supervision.
179 However, a child detained under this paragraph may be held only
180 in a consequence unit as provided in s. 985.439. If a
181 consequence unit is not available, the child shall be placed on
182 nonsecure detention with electronic monitoring.
183 (i) The child is detained on a judicial order for failure
184 to appear and has previously willfully failed to appear, after
185 proper notice:
186 1. For an adjudicatory hearing on the same case regardless
187 of the results of the risk assessment instrument; or
188 2. At two or more court hearings of any nature on the same
189 case regardless of the results of the risk assessment
190 instrument.
191
192 A child may be held in secure detention for up to 72 hours in
193 advance of the next scheduled court hearing pursuant to this
194 paragraph. The child’s failure to keep the clerk of court and
195 defense counsel informed of a current and valid mailing address
196 where the child will receive notice to appear at court
197 proceedings does not provide an adequate ground for excusal of
198 the child’s nonappearance at the hearings.
199 (j) The child is a prolific juvenile offender. A child is a
200 prolific juvenile offender if the child:
201 1. Is charged with a delinquent act that would be a felony
202 if committed by an adult;
203 2. Has been adjudicated or had adjudication withheld for a
204 felony offense, or a delinquent act that would be a felony if
205 committed by an adult, before the charge under subparagraph 1.;
206 and
207 3. In addition to meeting the requirements of subparagraphs
208 1. and 2., has five or more of any of the following, at least
209 three of which must have been for felony offenses or delinquent
210 acts that would have been felonies if committed by an adult:
211 a. An arrest event for which a disposition, as defined in
212 s. 985.26, has not been entered;
213 b. An adjudication; or
214 c. An adjudication withheld.
215
216 As used in this subparagraph, the term “arrest event” means an
217 arrest or referral for one or more criminal offenses or
218 delinquent acts arising out of the same episode, act, or
219 transaction.
220 (3)(a) The purpose of the detention hearing required under
221 subsection (1) is to determine the existence of probable cause
222 that the child has committed the delinquent act or violation of
223 law that he or she is charged with and the need for continued
224 detention. Unless a child is detained under paragraph (1)(d) or
225 paragraph (1)(e), the court shall use the results of the risk
226 assessment performed by the department and, based on the
227 criteria in subsection (1), shall determine the need for
228 continued detention. If a child is a prolific juvenile offender
229 who is detained under s. 985.26(2)(c), the court shall use the
230 results of the risk assessment performed by the department and
231 the criteria in subsection (1) or subsection (2) only to
232 determine whether the prolific juvenile offender should be held
233 in secure detention.
234 (b) If the court orders a placement more restrictive than
235 indicated by the results of the risk assessment instrument, the
236 court shall state, in writing, clear and convincing reasons for
237 such placement.
238 (c) Except as provided in s. 790.22(8) or in s. 985.27,
239 when a child is placed into secure or nonsecure detention care,
240 or into a respite home or other placement pursuant to a court
241 order following a hearing, the court order must include specific
242 instructions that direct the release of the child from such
243 placement no later than 5 p.m. on the last day of the detention
244 period specified in s. 985.26 or s. 985.27, whichever is
245 applicable, unless the requirements of such applicable provision
246 have been met or an order of continuance has been granted under
247 s. 985.26(4). If the court order does not include a release
248 date, the release date shall be requested from the court on the
249 same date that the child is placed in detention care. If a
250 subsequent hearing is needed to provide additional information
251 to the court for safety planning, the initial order placing the
252 child in detention care shall reflect the next detention review
253 hearing, which shall be held within 3 calendar days after the
254 child’s initial detention placement.
255 Section 4. Subsections (1) through (4) of section 985.26,
256 Florida Statutes, are amended to read:
257 985.26 Length of detention.—
258 (1) A child may not be placed into or held in secure or
259 nonsecure detention care for longer than 24 hours unless the
260 court orders such detention care, and the order includes
261 specific instructions that direct the release of the child from
262 such detention care, in accordance with s. 985.255. The order
263 shall be a final order, reviewable by appeal under s. 985.534
264 and the Florida Rules of Appellate Procedure. Appeals of such
265 orders shall take precedence over other appeals and other
266 pending matters.
267 (2)(a) Except as provided in paragraph (b) or paragraph
268 (c), a child may not be held in secure or nonsecure detention
269 care under a special detention order for more than 21 days
270 unless an adjudicatory hearing for the case has been commenced
271 in good faith by the court.
272 (b) However, Upon good cause being shown that the nature of
273 the charge requires additional time for the prosecution or
274 defense of the case, the court may extend the length of
275 detention for an additional 9 days if the child is charged with
276 an offense that would be, if committed by an adult, a capital
277 felony, a life felony, a felony of the first degree, or a felony
278 of the second degree involving violence against any individual.
279 (c) A prolific juvenile offender under s. 985.255(1)(j)
280 shall be placed on nonsecure detention care with electronic
281 monitoring or in secure detention care under a special detention
282 order until disposition. If secure detention care is ordered by
283 the court, it must be authorized under this part and may not
284 exceed:
285 1. Twenty-one days unless an adjudicatory hearing for the
286 case has been commenced in good faith by the court or the period
287 is extended by the court pursuant to paragraph (b); or
288 2. Fifteen days after the entry of an order of
289 adjudication.
290
291 As used in this paragraph, the term “disposition” means a
292 declination to file under s. 985.15(1)(h), the entry of nolle
293 prosequi for the charges, the filing of an indictment under s.
294 985.56 or an information under s. 985.557, a dismissal of the
295 case, or an order of final disposition by the court.
296 (3) Except as provided in subsection (2), a child may not
297 be held in secure or nonsecure detention care for more than 15
298 days following the entry of an order of adjudication.
299 (4)(a) The time limits in subsections (2) and (3) do not
300 include periods of delay resulting from a continuance granted by
301 the court for cause on motion of the child or his or her counsel
302 or of the state. Upon the issuance of an order granting a
303 continuance for cause on a motion by either the child, the
304 child’s counsel, or the state, the court shall conduct a hearing
305 at the end of each 72-hour period, excluding Saturdays, Sundays,
306 and legal holidays, to determine the need for continued
307 detention of the child and the need for further continuance of
308 proceedings for the child or the state.
309 (b) The period for nonsecure detention care under this
310 section is tolled on the date that the department or a law
311 enforcement officer alleges that the child has violated a
312 condition of the child’s nonsecure detention care until the
313 court enters a ruling on the violation. Notwithstanding the
314 tolling of nonsecure detention care, the court retains
315 jurisdiction over the child for a violation of a condition of
316 nonsecure detention care during the tolling period. If the court
317 finds that a child has violated his or her nonsecure detention
318 care, the number of days that the child served in any type of
319 detention care before commission of the violation shall be
320 excluded from the time limits under subsections (2) and (3).
321 Section 5. Subsection (2) of section 985.265, Florida
322 Statutes, is amended to read:
323 985.265 Detention transfer and release; education; adult
324 jails.—
325 (2) If a child is on release status and not detained under
326 this part, the child may be placed into secure or nonsecure
327 detention care only pursuant to a court hearing in which the
328 original risk assessment instrument and the newly discovered
329 evidence or changed circumstances are introduced into evidence
330 with a rescored risk assessment instrument.
331 Section 6. Section 985.27, Florida Statutes, is amended to
332 read:
333 985.27 Postdisposition detention while awaiting residential
334 commitment placement.—
335 (1) The court must place all children who are adjudicated
336 and awaiting placement in a nonsecure, high-risk, or maximum
337 risk residential commitment program in secure detention care
338 until the placement or commitment is accomplished. Children who
339 are in nonsecure detention care may be placed on electronic
340 monitoring.
341 (a) A child who is awaiting placement in a nonsecure
342 residential program must be removed from detention within 5
343 days, excluding Saturdays, Sundays, and legal holidays. Any
344 child held in secure detention during the 5 days must meet
345 detention admission criteria under this part. The department may
346 seek an order from the court authorizing continued detention for
347 a specific period of time necessary for the appropriate
348 residential placement of the child. However, such continued
349 detention in secure detention care may not exceed 15 days after
350 entry of the commitment order, excluding Saturdays, Sundays, and
351 legal holidays, and except as otherwise provided in this
352 section. A child who is placed in nonsecure detention care or
353 nonsecure detention care with electronic monitoring, while
354 awaiting placement in a nonsecure residential program, may be
355 held in secure detention care for 5 days, if the child violates
356 the conditions of the nonsecure detention care or the electronic
357 monitoring agreement. For any subsequent violation, the court
358 may impose an additional 5 days in secure detention care.
359 (b) If the child is committed to a high-risk residential
360 program, the child must be held in secure detention care until
361 placement or commitment is accomplished.
362 (c) If the child is committed to a maximum-risk residential
363 program, the child must be held in secure detention care until
364 placement or commitment is accomplished.
365 (2) Regardless of detention status, a child being
366 transported by the department to a residential commitment
367 facility of the department may be placed in secure detention
368 overnight, not to exceed a 24-hour period, for the specific
369 purpose of ensuring the safe delivery of the child to his or her
370 residential commitment program, court, appointment, transfer, or
371 release.
372 Section 7. Subsections (1) and (7) of section 985.35,
373 Florida Statutes, are amended to read:
374 985.35 Adjudicatory hearings; withheld adjudications;
375 orders of adjudication.—
376 (1)(a) Except as provided in paragraph (b), the
377 adjudicatory hearing must be held as soon as practicable after
378 the petition alleging that a child has committed a delinquent
379 act or violation of law is filed and in accordance with the
380 Florida Rules of Juvenile Procedure; but reasonable delay for
381 the purpose of investigation, discovery, or procuring counsel or
382 witnesses shall be granted. If the child is being detained, the
383 time limitations in s. 985.26(2) and (3) apply.
384 (b) If the child is a prolific juvenile offender under s.
385 985.255(1)(j), the adjudicatory hearing must be held within 45
386 days after the child is taken into custody unless a delay is
387 requested by the child.
388 (7) Notwithstanding any other provision of law, An
389 adjudication of delinquency for an offense classified as a
390 felony shall disqualify a person from lawfully possessing a
391 firearm until such person reaches 24 years of age, unless the
392 person’s criminal history record for that offense has been
393 expunged pursuant to s. 943.0515(1)(b).
394 Section 8. The Legislature determines and declares that
395 this act fulfills an important state interest.
396 Section 9. Subsection (1) of section 985.514, Florida
397 Statutes, is amended to read:
398 985.514 Responsibility for cost of care; fees.—
399 (1) When any child is placed into secure or nonsecure
400 detention care or into other placement for the purpose of being
401 supervised by the department pursuant to a court order following
402 a detention hearing, the court shall order the child’s parents
403 to pay fees to the department as provided in s. 985.039.
404 Section 10. For the purpose of incorporating the amendments
405 made by this act to sections 985.25, 985.255, and 985.26,
406 Florida Statutes, in references thereto, subsection (8) of
407 section 790.22, Florida Statutes, is reenacted to read:
408 790.22 Use of BB guns, air or gas-operated guns, or
409 electric weapons or devices by minor under 16; limitation;
410 possession of firearms by minor under 18 prohibited; penalties.—
411 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
412 is charged with an offense that involves the use or possession
413 of a firearm, including a violation of subsection (3), or is
414 charged for any offense during the commission of which the minor
415 possessed a firearm, the minor shall be detained in secure
416 detention, unless the state attorney authorizes the release of
417 the minor, and shall be given a hearing within 24 hours after
418 being taken into custody. At the hearing, the court may order
419 that the minor continue to be held in secure detention in
420 accordance with the applicable time periods specified in s.
421 985.26(1)-(5), if the court finds that the minor meets the
422 criteria specified in s. 985.255, or if the court finds by clear
423 and convincing evidence that the minor is a clear and present
424 danger to himself or herself or the community. The Department of
425 Juvenile Justice shall prepare a form for all minors charged
426 under this subsection which states the period of detention and
427 the relevant demographic information, including, but not limited
428 to, the gender, age, and race of the minor; whether or not the
429 minor was represented by private counsel or a public defender;
430 the current offense; and the minor’s complete prior record,
431 including any pending cases. The form shall be provided to the
432 judge for determining whether the minor should be continued in
433 secure detention under this subsection. An order placing a minor
434 in secure detention because the minor is a clear and present
435 danger to himself or herself or the community must be in
436 writing, must specify the need for detention and the benefits
437 derived by the minor or the community by placing the minor in
438 secure detention, and must include a copy of the form provided
439 by the department.
440 Section 11. For the purpose of incorporating the amendments
441 made by this act to sections 985.255 and 985.26, Florida
442 Statutes, in references thereto, subsection (2) of section
443 985.115, Florida Statutes, is reenacted to read:
444 985.115 Release or delivery from custody.—
445 (2) Unless otherwise ordered by the court under s. 985.255
446 or s. 985.26, and unless there is a need to hold the child, a
447 person taking a child into custody shall attempt to release the
448 child as follows:
449 (a) To the child’s parent, guardian, or legal custodian or,
450 if the child’s parent, guardian, or legal custodian is
451 unavailable, unwilling, or unable to provide supervision for the
452 child, to any responsible adult. Prior to releasing the child to
453 a responsible adult, other than the parent, guardian, or legal
454 custodian, the person taking the child into custody may conduct
455 a criminal history background check of the person to whom the
456 child is to be released. If the person has a prior felony
457 conviction, or a conviction for child abuse, drug trafficking,
458 or prostitution, that person is not a responsible adult for the
459 purposes of this section. The person to whom the child is
460 released shall agree to inform the department or the person
461 releasing the child of the child’s subsequent change of address
462 and to produce the child in court at such time as the court may
463 direct, and the child shall join in the agreement.
464 (b) Contingent upon specific appropriation, to a shelter
465 approved by the department or to an authorized agent.
466 (c) If the child is believed to be suffering from a serious
467 physical condition which requires either prompt diagnosis or
468 prompt treatment, to a law enforcement officer who shall deliver
469 the child to a hospital for necessary evaluation and treatment.
470 (d) If the child is believed to be mentally ill as defined
471 in s. 394.463(1), to a law enforcement officer who shall take
472 the child to a designated public receiving facility as defined
473 in s. 394.455 for examination under s. 394.463.
474 (e) If the child appears to be intoxicated and has
475 threatened, attempted, or inflicted physical harm on himself or
476 herself or another, or is incapacitated by substance abuse, to a
477 law enforcement officer who shall deliver the child to a
478 hospital, addictions receiving facility, or treatment resource.
479 (f) If available, to a juvenile assessment center equipped
480 and staffed to assume custody of the child for the purpose of
481 assessing the needs of the child in custody. The center may then
482 release or deliver the child under this section with a copy of
483 the assessment.
484 Section 12. For the purpose of incorporating the amendments
485 made by this act to sections 985.255 and 985.26, Florida
486 Statutes, in references thereto, subsection (2) of section
487 985.13, Florida Statutes, is reenacted to read:
488 985.13 Probable cause affidavits.—
489 (2) A person taking a child into custody who determines,
490 under part V, that the child should be detained or released to a
491 shelter designated by the department, shall make a reasonable
492 effort to immediately notify the parent, guardian, or legal
493 custodian of the child and shall, without unreasonable delay,
494 deliver the child to the appropriate juvenile probation officer
495 or, if the court has so ordered under s. 985.255 or s. 985.26,
496 to a detention center or facility. Upon delivery of the child,
497 the person taking the child into custody shall make a written
498 report or probable cause affidavit to the appropriate juvenile
499 probation officer. Such written report or probable cause
500 affidavit must:
501 (a) Identify the child and, if known, the parents,
502 guardian, or legal custodian.
503 (b) Establish that the child was legally taken into
504 custody, with sufficient information to establish the
505 jurisdiction of the court and to make a prima facie showing that
506 the child has committed a violation of law.
507 Section 13. For the purpose of incorporating the amendment
508 made by this act to section 985.255, Florida Statutes, in a
509 reference thereto, paragraph (b) of subsection (2) of section
510 985.245, Florida Statutes, is reenacted to read:
511 985.245 Risk assessment instrument.—
512 (2)
513 (b) The risk assessment instrument shall take into
514 consideration, but need not be limited to, prior history of
515 failure to appear, prior offenses, offenses committed pending
516 adjudication, any unlawful possession of a firearm, theft of a
517 motor vehicle or possession of a stolen motor vehicle, and
518 probation status at the time the child is taken into custody.
519 The risk assessment instrument shall also take into
520 consideration appropriate aggravating and mitigating
521 circumstances, and shall be designed to target a narrower
522 population of children than s. 985.255. The risk assessment
523 instrument shall also include any information concerning the
524 child’s history of abuse and neglect. The risk assessment shall
525 indicate whether detention care is warranted, and, if detention
526 care is warranted, whether the child should be placed into
527 secure or nonsecure detention care.
528 Section 14. For the purpose of incorporating the amendment
529 made by this act to section 985.26, Florida Statutes, in a
530 reference thereto, subsection (2) of section 985.255, Florida
531 Statutes, is reenacted to read:
532 985.255 Detention criteria; detention hearing.—
533 (2) A child who is charged with committing an offense that
534 is classified as an act of domestic violence as defined in s.
535 741.28 and whose risk assessment instrument indicates secure
536 detention is not appropriate may be held in secure detention if
537 the court makes specific written findings that:
538 (a) Respite care for the child is not available.
539 (b) It is necessary to place the child in secure detention
540 in order to protect the victim from injury.
541
542 The child may not be held in secure detention under this
543 subsection for more than 48 hours unless ordered by the court.
544 After 48 hours, the court shall hold a hearing if the state
545 attorney or victim requests that secure detention be continued.
546 The child may continue to be held in detention care if the court
547 makes a specific, written finding that detention care is
548 necessary to protect the victim from injury. However, the child
549 may not be held in detention care beyond the time limits set
550 forth in this section or s. 985.26.
551 Section 15. For the purpose of incorporating the amendment
552 made by this act to section 985.255, Florida Statutes, in a
553 reference thereto, subsection (1) of section 985.275, Florida
554 Statutes, is reenacted to read:
555 985.275 Detention of escapee or absconder on authority of
556 the department.—
557 (1) If an authorized agent of the department has reasonable
558 grounds to believe that any delinquent child committed to the
559 department has escaped from a residential commitment facility or
560 from being lawfully transported thereto or therefrom, or has
561 absconded from a nonresidential commitment facility, the agent
562 shall notify law enforcement and, if the offense would require
563 notification under chapter 960, notify the victim. The agent
564 shall make every reasonable effort as permitted within existing
565 resources provided to the department to locate the delinquent
566 child, and the child may be returned to the facility or, if it
567 is closer, to a detention center for return to the facility.
568 However, a child may not be held in detention longer than 24
569 hours, excluding Saturdays, Sundays, and legal holidays, unless
570 a special order so directing is made by the judge after a
571 detention hearing resulting in a finding that detention is
572 required based on the criteria in s. 985.255. The order shall
573 state the reasons for such finding. The reasons shall be
574 reviewable by appeal or in habeas corpus proceedings in the
575 district court of appeal.
576 Section 16. For the purpose of incorporating the amendment
577 made by this act to section 985.255, Florida Statutes, in a
578 reference thereto, subsection (6) of section 985.319, Florida
579 Statutes, is reenacted to read:
580 985.319 Process and service.—
581 (6) If the petition alleges that the child has committed a
582 delinquent act or violation of law and the judge deems it
583 advisable to do so, under the criteria of s. 985.255, the judge
584 may, by endorsement upon the summons and after the entry of an
585 order in which valid reasons are specified, order the child to
586 be taken into custody immediately, and in such case the person
587 serving the summons shall immediately take the child into
588 custody.
589 Section 17. For the 2017-2018 fiscal year, the sums of
590 $2,978,012 in recurring funds and $2,978,012 in nonrecurring
591 funds from the General Revenue Fund are appropriated to the
592 Department of Juvenile Justice for the purpose of implementing
593 this act.
594 Section 18. This act shall take effect October 1, 2017.
