Bill Text: FL S2588 | 2010 | Regular Session | Introduced
Bill Title: Juvenile Proceedings/Use of Restraints/Isolation [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S2588 Detail]
Download: Florida-2010-S2588-Introduced.html
Florida Senate - 2010 SB 2588 By Senator Siplin 19-00305-10 20102588__ 1 A bill to be entitled 2 An act relating to juvenile proceedings; amending s. 3 985.35, F.S.; requiring the Department of Juvenile 4 Justice to adopt rules governing the procedures that 5 may be used to restrain a child upon his or her 6 arrival at the courthouse; prohibiting the use of 7 instruments of restraint on a child after the child 8 arrives at the courthouse except in specified 9 circumstances; prohibiting subjecting a child to 10 extended periods of isolation; amending s. 985.483, 11 F.S.; conforming a cross-reference; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 985.35, Florida Statutes, is amended to 17 read: 18 985.35 Adjudicatory hearings; withheld adjudications; 19 orders of adjudication.— 20 (1) The adjudicatory hearing must be held as soon as 21 practicable after the petition alleging that a child has 22 committed a delinquent act or violation of law is filed and in 23 accordance with the Florida Rules of Juvenile Procedure; but 24 reasonable delay for the purpose of investigation, discovery, or 25 procuring counsel or witnesses shall be granted. If the child is 26 being detained, the time limitations in s. 985.26(2) and (3) 27 apply. The department shall adopt by rule procedures for 28 restraining a child upon his or her arrival at the courthouse. 29 The rules must prohibit the use of mechanical devices and 30 unreasonable restraints. In addition, a child may not be subject 31 to extended periods of isolation. 32 (2) Adjudicatory hearings shall be conducted without a jury 33 by the court, applying in delinquency cases the rules of 34 evidence in use in criminal cases; adjourning the hearings from 35 time to time as necessary; and conducting a fundamentally fair 36 hearing in language understandable, to the fullest extent 37 practicable, to the child before the court. 38 (a) In a hearing on a petition alleging that a child has 39 committed a delinquent act or violation of law, the evidence 40 must establish the findings beyond a reasonable doubt. 41 (b) The child is entitled to the opportunity to introduce 42 evidence and otherwise be heard in the child’s own behalf and to 43 cross-examine witnesses. 44 (c) A child charged with a delinquent act or violation of 45 law must be afforded all rights against self-incrimination. 46 Evidence illegally seized or obtained may not be received to 47 establish the allegations against the child. 48 (3) Instruments of restraint, such as handcuffs, chains, 49 irons, or straitjackets, may not be used on a child after his or 50 her arrival at the courthouse unless the child: 51 (a) Is likely to attempt to escape during a transfer or a 52 hearing; 53 (b) Is charged with a capital offense; or 54 (c) Has a history of disruptive behavior and there is a 55 likelihood that the child will cause bodily harm to himself, 56 herself, or others. 57 (4)(3)If the court finds that the child named in a 58 petition has not committed a delinquent act or violation of law, 59 it shall enter an order so finding and dismissing the case. 60 (5)(4)If the court finds that the child named in the 61 petition has committed a delinquent act or violation of law, it 62 may, in its discretion, enter an order stating the facts upon 63 which its finding is based but withholding adjudication of 64 delinquency. 65 (a) Upon withholding adjudication of delinquency, the court 66 may place the child in a probation program under the supervision 67 of the department or under the supervision of any other person 68 or agency specifically authorized and appointed by the court. 69 The court may, as a condition of the program, impose as a 70 penalty component restitution in money or in kind, community 71 service, a curfew, urine monitoring, revocation or suspension of 72 the driver’s license of the child, or other nonresidential 73 punishment appropriate to the offense, and may impose as a 74 rehabilitative component a requirement of participation in 75 substance abuse treatment, or school or other educational 76 program attendance. 77 (b) If the child is attending public school and the court 78 finds that the victim or a sibling of the victim in the case was 79 assigned to attend or is eligible to attend the same school as 80 the child, the court order shall include a finding pursuant to 81 the proceedings described in s. 985.455, regardless of whether 82 adjudication is withheld. 83 (c) If the court later finds that the child has not 84 complied with the rules, restrictions, or conditions of the 85 community-based program, the court may, after a hearing to 86 establish the lack of compliance, but without further evidence 87 of the state of delinquency, enter an adjudication of 88 delinquency and shall thereafter have full authority under this 89 chapter to deal with the child as adjudicated. 90 (6)(5)If the court finds that the child named in a 91 petition has committed a delinquent act or violation of law, but 92 elects not to proceed under subsection (5)(4), the courtit93 shall incorporate that finding in an order of adjudication of 94 delinquency entered in the case, briefly stating the facts upon 95 which the finding is made, and the court shall thereafter have 96 full authority under this chapter to deal with the child as 97 adjudicated. 98 (7)(6)Except as the term “conviction” is used in chapter 99 322, and except for use in a subsequent proceeding under this 100 chapter, an adjudication of delinquency by a court with respect 101 to any child who has committed a delinquent act or violation of 102 law shall not be deemed a conviction; nor shall the child be 103 deemed to have been found guilty or to be a criminal by reason 104 of that adjudication; nor shall that adjudication operate to 105 impose upon the child any of the civil disabilities ordinarily 106 imposed by or resulting from conviction or to disqualify or 107 prejudice the child in any civil service application or 108 appointment, with the exception of the use of records of 109 proceedings under this chapter as provided in s. 985.045(4). 110 (8)(7)Notwithstanding any otherprovision oflaw, an 111 adjudication of delinquency for an offense classified as a 112 felony shall disqualify a person from lawfully possessing a 113 firearm until thesuchperson reaches 24 years of age. 114 Section 2. Subsection (2) of section 985.483, Florida 115 Statutes, is amended to read: 116 985.483 Intensive residential treatment program for 117 offenders less than 13 years of age.— 118 (2) DETERMINATION.—After a child has been adjudicated 119 delinquent under s. 985.35(6)s.985.35(5), the court shall 120 determine whether the child is eligible for an intensive 121 residential treatment program for offenders less than 13 years 122 of age under subsection (1). If the court determines that the 123 child does not meet the criteria, ss. 985.435, 985.437, 985.439, 124 985.441, 985.445, 985.45, and 985.455 shall apply. 125 Section 3. This act shall take effect July 1, 2010.
