Title: Juvenile Justice

Summary: Increasing the age of a child at which a state attorney may, or is required to, request a court to transfer the child to adult court for criminal prosecution; increasing the age of a child at which a state attorney may, or is required to, file an information against the child for prosecution as an adult, etc.

Full Text:
An act relating to juvenile justice; amending s. 985.556, F.S.; increasing the age of a child at which a state attorney may, or is required to, request a court to transfer the child to adult court for criminal prosecution; amending s. 985.557, F.S.; increasing the age of a child at which a state attorney may, or is required to, file an information against the child for prosecution as an adult; making a technical change; reenacting s. 985.15(1), F.S., relating to filing decisions, to incorporate the amendment made to s. 985.556, F.S., in a reference thereto; reenacting ss. 985.265(5) and 985.565(4), F.S., relating to children in adult jails and sentencing alternatives for juveniles prosecuted as adults, respectively, to incorporate the amendments made to ss. 985.556 and 985.557, F.S., in references thereto; reenacting s. 985.26(2)(c), F.S., relating to the length of detention, to incorporate the amendment made to s. 985.557, F.S., in a reference thereto; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (2) and (3) of section 985.556, Florida Statutes, are amended to read: 985.556 Waiver of juvenile court jurisdiction; hearing.  (2) INVOLUNTARY DISCRETIONARY WAIVER. Except as provided in subsection (3), the state attorney may file a motion requesting the court to transfer the child for criminal prosecution if the child was years of age or older at the time the alleged delinquent act or violation of law was committed. (3) INVOLUNTARY MANDATORY WAIVER.  (a) If the child was years of age or older, and if the child has been previously adjudicated delinquent for an act classified as a felony, which adjudication was for the commission of, attempt to commit, or conspiracy to commit murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, aggravated assault, or burglary with an assault or battery, and the child is currently charged with a second or subsequent violent crime against a person; or (b) If the child was years of age or older at the time of commission of a fourth or subsequent alleged felony offense and the child was previously adjudicated delinquent or had adjudication withheld for or was found to have committed, or to have attempted or conspired to commit, three offenses that are felony offenses if committed by an adult, and one or more of such felony offenses involved the use or possession of a firearm or violence against a person; the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such request, or proceed under s. 985.557(1). Upon the state attorney s request, the court shall either enter an order transferring the case and certifying the case for trial as if the child were an adult or provide written reasons for not issuing such an order. Section 2. Subsection (1) and paragraphs (a), (b), and (d) of subsection (2) of section 985.557, Florida Statutes, are amended to read: 985.557 Direct filing of an information; discretionary and mandatory criteria.  (1) DISCRETIONARY DIRECT FILE.  (a) With respect to any child who was or or years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney s judgment and discretion the public interest requires that adult sanctions be considered or imposed and when the offense charged is for the commission of, attempt to commit, or conspiracy to commit: 1. Arson; 2. Sexual battery; 3. Robbery; 4. Kidnapping; 5. Aggravated child abuse; 6. Aggravated assault; 7. Aggravated stalking; 8. Murder; 9. Manslaughter; 10. Unlawful throwing, placing, or discharging of a destructive device or bomb; 11. Armed burglary in violation of s. 810.02(2)(b) or specified burglary of a dwelling or structure in violation of s. 810.02(2)(c), or burglary with an assault or battery in violation of s. 810.02(2)(a); 12. Aggravated battery; 13. Any lewd or lascivious offense committed upon or in the presence of a person less than years of age; 14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony; 15. Grand theft in violation of s. 812.014(2)(a); 16. Possessing or discharging any weapon or firearm on school property in violation of s. 790.115; 17. Home invasion robbery; 18. Carjacking; or 19. Grand theft of a motor vehicle in violation of s. 812.014(2)(c)6. or grand theft of a motor vehicle valued at $20,000 or more in violation of s. 812.014(2)(b) if the child has a previous adjudication for grand theft of a motor vehicle in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). (b) With respect to any child who was or years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney s judgment and discretion the public interest requires that adult sanctions be considered or imposed. However, the state attorney may not file an information on a child charged with a misdemeanor, unless the child has had at least two previous adjudications or adjudications withheld for delinquent acts, one of which involved an offense classified as a felony under state law. (2) MANDATORY DIRECT FILE.  (a) With respect to any child who was or years of age at the time the alleged offense was committed, the state attorney shall file an information if the child has been previously adjudicated delinquent for an act classified as a felony, which adjudication was for the commission of, attempt to commit, or conspiracy to commit murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, or aggravated assault, and the child is currently charged with a second or subsequent violent crime against a person. (b) With respect to any child or years of age at the time an offense classified as a forcible felony, as defined in s. 776.08, was committed, the state attorney shall file an information if the child has previously been adjudicated delinquent or had adjudication withheld for three acts classified as felonies each of which occurred at least days apart from each other. This paragraph does not apply when the state attorney has good cause to believe that exceptional circumstances exist which preclude the just prosecution of the juvenile in adult court. (d)1. With respect to any child who was or years of age at the time the alleged offense was committed, the state attorney shall file an information if the child has been charged with committing or attempting to commit an offense listed in s. 775.087(2)(a)1.a.-p., and, during the commission of or attempt to commit the offense, the child: a. Actually possessed a firearm or destructive device, as those terms are defined in s. 790.001. b. Discharged a firearm or destructive device, as described in s. 775.087(2)(a)2. c. Discharged a firearm or destructive device, as described in s. 775.087(2)(a)3., and, as a result of the discharge, death or great bodily harm was inflicted upon any person. 2. Upon transfer, any child who is: a. Charged under sub-subparagraph 1.a. and who has been previously adjudicated or had adjudication withheld for a forcible felony offense or any offense involving a firearm, or who has been previously placed in a residential commitment program, shall be subject to sentencing under s. 775.087(2)(a), notwithstanding s. 985.565. b. Charged under sub-subparagraph 1.b. or sub-subparagraph 1.c., shall be subject to sentencing under s. 775.087(2)(a), notwithstanding s. 985.565. 3. Upon transfer, any child who is charged under this paragraph, but who does not meet the requirements specified in subparagraph 2., shall be sentenced under s. 985.565; however, if the court imposes a juvenile sanction, the court must commit the child to a high-risk or maximum-risk juvenile facility. 4. This paragraph shall not apply if the state attorney has good cause to believe that exceptional circumstances exist that preclude the just prosecution of the child in adult court. 5. The Department of Corrections shall make every reasonable effort to ensure that any child or years of age who is convicted and sentenced under this paragraph be completely separated such that there is no physical contact with adult offenders in the facility, to the extent that it is consistent with chapter 958. Section 3. For the purpose of incorporating the amendment made by this act to section 985.556, Florida Statutes, in a reference thereto, subsection (1) of section 985.15, Florida Statutes, is reenacted to read: 985.15 Filing decisions.  (1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such a request. In all other cases, the state attorney may: (a) File a petition for dependency; (b) File a petition under chapter 984; (c) File a petition for delinquency; (d) File a petition for delinquency with a motion to transfer and certify the child for prosecution as an adult; (e) File an information under s. 985.557; (f) Refer the case to a grand jury; (g) Refer the child to a diversionary, pretrial intervention, arbitration, or mediation program, or to some other treatment or care program if such program commitment is voluntarily accepted by the child or the child s parents or legal guardian; or (h) Decline to file. Section 4. For the purpose of incorporating the amendments made by this act to sections 985.556 and 985.557, Florida Statutes, in references thereto, subsection (5) of section 985.265, Florida Statutes, is reenacted to read: 985.265 Detention transfer and release; education; adult jails.  (5) The court shall order the delivery of a child to a jail or other facility intended or used for the detention of adults: (a) When the child has been transferred or indicted for criminal prosecution as an adult under part X, except that the court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution pursuant to either s. 985.556 or s. 985.557 to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention facility; or (b) When a child taken into custody in this state is wanted by another jurisdiction for prosecution as an adult. The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trusties.  Regular contact  means sight and sound contact. Separation of children from adults shall permit no more than haphazard or accidental contact. The receiving jail or other facility shall contain a separate section for children and shall have an adequate staff to supervise and monitor the child s activities at all times. Supervision and monitoring of children includes physical observation and documented checks by jail or receiving facility supervisory personnel at intervals not to exceed minutes. This subsection does not prohibit placing two or more children in the same cell. Under no circumstances shall a child be placed in the same cell with an adult. Section 5. For the purpose of incorporating the amendments made by this act to sections 985.556 and 985.557, Florida Statutes, in references thereto, subsection (4) of section 985.565, Florida Statutes, is reenacted to read: 985.565 Sentencing powers; procedures; alternatives for juveniles prosecuted as adults.  (4) SENTENCING ALTERNATIVES.  (a)  Adult sanctions.   1. Cases prosecuted on indictment. If the child is found to have committed the offense punishable by death or life imprisonment, the child shall be sentenced as an adult. If the juvenile is not found to have committed the indictable offense but is found to have committed a lesser included offense or any other offense for which he or she was indicted as a part of the criminal episode, the court may sentence as follows: a. As an adult; b. Under chapter 958; or c. As a juvenile under this section. 2. Other cases. If a child who has been transferred for criminal prosecution pursuant to information or waiver of juvenile court jurisdiction is found to have committed a violation of state law or a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows: a. As an adult; b. Under chapter 958; or c. As a juvenile under this section. 3. Notwithstanding any other provision to the contrary, if the state attorney is required to file a motion to transfer and certify the juvenile for prosecution as an adult under s. 985.556(3) and that motion is granted, or if the state attorney is required to file an information under s. 985.557(2)(a) or (b), the court must impose adult sanctions. 4. Any sentence imposing adult sanctions is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions. 5. When a child has been transferred for criminal prosecution as an adult and has been found to have committed a violation of state law, the disposition of the case may include the enforcement of any restitution ordered in any juvenile proceeding. (b)  Juvenile sanctions.  For juveniles transferred to adult court but who do not qualify for such transfer under s. 985.556(3) or s. 985.557(2)(a) or (b), the court may impose juvenile sanctions under this paragraph. If juvenile sentences are imposed, the court shall, under this paragraph, adjudge the child to have committed a delinquent act. Adjudication of delinquency shall not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction. The court shall impose an adult sanction or a juvenile sanction and may not sentence the child to a combination of adult and juvenile punishments. An adult sanction or a juvenile sanction may include enforcement of an order of restitution or probation previously ordered in any juvenile proceeding. However, if the court imposes a juvenile sanction and the department determines that the sanction is unsuitable for the child, the department shall return custody of the child to the sentencing court for further proceedings, including the imposition of adult sanctions. Upon adjudicating a child delinquent under subsection (1), the court may: 1. Place the child in a probation program under the supervision of the department for an indeterminate period of time until the child reaches the age of years or sooner if discharged by order of the court. 2. Commit the child to the department for treatment in an appropriate program for children for an indeterminate period of time until the child is or sooner if discharged by the department. The department shall notify the court of its intent to discharge no later than days prior to discharge. Failure of the court to timely respond to the department s notice shall be considered approval for discharge. 3. Order disposition under ss. 985.435, 985.437, 985.439, 985.441, 985.45, and 985.455 as an alternative to youthful offender or adult sentencing if the court determines not to impose youthful offender or adult sanctions. (c)  Adult sanctions upon failure of juvenile sanctions.  If a child proves not to be suitable to a commitment program, juvenile probation program, or treatment program under paragraph (b), the department shall provide the sentencing court with a written report outlining the basis for its objections to the juvenile sanction and shall simultaneously provide a copy of the report to the state attorney and the defense counsel. The department shall schedule a hearing within days. Upon hearing, the court may revoke the previous adjudication, impose an adjudication of guilt, and impose any sentence which it may lawfully impose, giving credit for all time spent by the child in the department. The court may also classify the child as a youthful offender under s. 958.04, if appropriate. For purposes of this paragraph, a child may be found not suitable to a commitment program, community control program, or treatment program under paragraph (b) if the child commits a new violation of law while under juvenile sanctions, if the child commits any other violation of the conditions of juvenile sanctions, or if the child s actions are otherwise determined by the court to demonstrate a failure of juvenile sanctions. (d)  Further proceedings heard in adult court.  When a child is sentenced to juvenile sanctions, further proceedings involving those sanctions shall continue to be heard in the adult court. (e)  School attendance.  If the child is attending or is eligible to attend public school and the court finds that the victim or a sibling of the victim in the case is attending or may attend the same school as the child, the court placement order shall include a finding pursuant to the proceeding described in s. 985.455(2), regardless of whether adjudication is withheld. It is the intent of the Legislature that the criteria and guidelines in this subsection are mandatory and that a determination of disposition under this subsection is subject to the right of the child to appellate review under s. 985.534. Section 6. For the purpose of incorporating the amendment made by this act to section 985.557, Florida Statutes, in a reference thereto, paragraph (c) of subsection (2) of section 985.26, Florida Statutes, is reenacted to read: 985.26 Length of detention.  (2) (c) A prolific juvenile offender under s. 985.255(1)(j) shall be placed on nonsecure detention care with electronic monitoring or in secure detention care under a special detention order until disposition. If secure detention care is ordered by the court, it must be authorized under this part and may not exceed: 1. Twenty-one days unless an adjudicatory hearing for the case has been commenced in good faith by the court or the period is extended by the court pursuant to paragraph (b); or 2. Fifteen days after the entry of an order of adjudication. As used in this paragraph, the term  disposition  means a declination to file under s. 985.15(1)(h), the entry of nolle prosequi for the charges, the filing of an indictment under s. 985.56 or an information under s. 985.557, a dismissal of the case, or an order of final disposition by the court. Section 7. This act shall take effect July 1, 2018.