Senate Bill 1166 (2021) — Juvenile justice
SB 1166
Florida Bills
Florida Senate - 2021 SB 1166 By Senator Brandes 24-00816B-21 20211166__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to juvenile justice; amending s. 2 20.316, F.S.; creating the Accountability and Program 3 Support Program within the Department of Juvenile 4 Justice and revising the name of an existing program; 5 amending s. 985.255, F.S.; authorizing a child to be 6 placed in secure detention on a judicial order if the 7 child has willfully failed to appear after proper 8 notice; requiring that, before issuing an order to 9 take a child into custody, a court make certain 10 determinations based on information obtained from the 11 department regarding the child’s failure to appear; 12 authorizing the holding of certain children in secure 13 detention for up to a specified period of time; 14 specifying that children may be held in secure 15 detention for up to 72 hours immediately before the 16 next scheduled court hearing; amending s. 985.439, 17 F.S.; requiring each judicial circuit to develop a 18 specified plan in consultation with certain parties; 19 providing information upon which the plan must be 20 based; repealing s. 985.686, F.S., relating to the 21 shared county and state financial support 22 responsibility for juvenile detention; amending s. 23 985.6865, F.S.; deleting provisions relating to 24 legislative findings and intent; requiring the 25 Department of Juvenile Justice to calculate annually 26 by a certain date and provide to each county that is 27 not a fiscally constrained county and that does not 28 provide its own detention care for juveniles its 29
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. annual percentage share of detention costs; requiring 30 each county that is not a fiscally constrained county 31 and that does not provide its own detention care for 32 juveniles to incorporate into its annual county budget 33 sufficient funds to pay its annual percentage share of 34 detention costs; amending ss. 985.245, 985.25, 985.26, 35 and 985.35, F.S.; conforming cross-references; 36 providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40
Section 1. Upon the expiration and reversion of the 41 amendment made to
section 20.316, Florida Statutes, pursuant to 42
section 65 of
chapter 2020-114, Laws of Florida, subsections (2) 43 and (3) of
section 20.316, Florida Statutes, are amended to 44 read: 45 20.316 Department of Juvenile Justice.—There is created a 46 Department of Juvenile Justice. 47
(2) DEPARTMENT PROGRAMS.—The following programs are 48 established within the Department of Juvenile Justice: 49 (
a) Accountability and Program Support. 50 (d)(
a) Prevention and Victim Services. 51 (c)(
b) Intake and Detention. 52 (f)(
c) Residential and Correctional Facilities. 53 (e)(
d) Probation and Community Corrections. 54 (b)(
e) Administration. 55 56 The secretary may establish assistant secretary positions and a 57 chief of staff position as necessary to administer the 58
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. requirements of this section. 59
(3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department 60 shall plan and administer its programs through a substate 61 structure that conforms to the boundaries of the judicial 62 circuits prescribed in s. 26.021. A county may seek placement in 63 a juvenile justice operating circuit other than as prescribed in 64 s. 26.021 for participation in the Prevention and Victim 65 Services Program and the Probation and Community Corrections 66 Program by making a request of the chief circuit judge in each 67 judicial circuit affected by such request.
Upon a showing that 68 geographic proximity, community identity, or other legitimate 69 concern for efficiency of operations merits alternative 70 placement, each affected chief circuit judge may authorize the 71 execution of an interagency agreement specifying the alternative 72 juvenile justice operating circuit in which the county is to be 73 placed and the basis for the alternative placement.
Upon the 74 execution of said interagency agreement by each affected chief 75 circuit judge, the secretary may administratively place a county 76 in an alternative juvenile justice operating circuit pursuant to 77 the agreement. 78
Section 2. Present subsections (1), (2), and (3) of
section 79 985.255, Florida Statutes, are redesignated as subsections (2), 80 (3), and (4), respectively, a new subsection (1) is added to 81 that section, and paragraph (
e) of present subsection (1) and 82 paragraph (
a) of present subsection (3) are amended, to read: 83 985.255 Detention criteria; detention hearing.— 84
(1) A child may be placed and held for up to 24 hours in 85 secure detention pending a detention hearing upon a judicial 86 order for failure to appear if the child has willfully failed to 87
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. appear after proper notice. Before the court issues an order to 88 take such a child into custody, it must obtain sufficient 89 information from the department to make a preliminary 90 determination that the failure was willful and was not merely 91 due to the unavailability of transportation or to circumstances 92 beyond the child’s control. 93 (2)
(1) Subject to s. 985.25(1), a child taken into custody 94 and placed into detention care shall be given a hearing within 95 24 hours after being taken into custody. At the hearing, the 96 court may order a continued detention status if: 97 (
e) The child is detained on a judicial order for failure 98 to appear and has previously willfully failed to appear, after 99 proper notice: 100 1. For an adjudicatory hearing on the same case regardless 101 of the results of the risk assessment instrument; or 102 2. At two or more court hearings of any nature on the same 103 case regardless of the results of the risk assessment 104 instrument. 105 106 A child who meets the requirements of this paragraph may be held 107 in secure detention for up to 72 hours immediately before in 108 advance of the next scheduled court hearing pursuant to this 109 paragraph.
The child’s failure to keep the clerk of court and 110 defense counsel informed of a current and valid mailing address 111 where the child will receive notice to appear at court 112 proceedings does not provide an adequate ground for excusal of 113 the child’s nonappearance at the hearings. 114 (4)(a)(3)(
a) The purpose of the detention hearing required 115 under subsection (2) (1) is to determine the existence of 116
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. probable cause that the child has committed the delinquent act 117 or violation of law that he or she is charged with and the need 118 for continued detention. The court shall use the results of the 119 risk assessment performed by the department and, based on the 120 criteria in subsection (2) (1), shall determine the need for 121 continued detention.
If the child is a prolific juvenile 122 offender who is detained under s. 985.26(2)(c), the court shall 123 use the results of the risk assessment performed by the 124 department and the criteria in subsection (2) (1) or subsection 125 (3) (2) only to determine whether the prolific juvenile offender 126 should be held in secure detention. 127
Section 3. Subsection (1) of
section 985.439, Florida 128 Statutes, is amended to read: 129 985.439 Violation of probation or postcommitment 130 probation.— 131 (1)(
a) This
section is applicable when the court has 132 jurisdiction over a child on probation or postcommitment 133 probation, regardless of adjudication. 134 (
b) If the conditions of the probation program or the 135 postcommitment probation program are violated, the department or 136 the state attorney may bring the child before the court on a 137 petition alleging a violation of the program. A child who 138 violates the conditions of probation or postcommitment probation 139 must be brought before the court if sanctions are sought. 140 (
c) Each judicial circuit shall develop a written plan, in 141 consultation with judges, the state attorney, the public 142 defender, the relevant law enforcement agency, and the 143 department, which describes a methodology for determining the 144 appropriate sanction or incentive if a child under supervision 145
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. violates a condition of his or her probation which does not 146 involve a new law violation. These plans must be based upon the 147 principle that sanctions must reflect the seriousness of the 148 violation, the assessed criminogenic needs and risks of the 149 child, the child’s age and maturity level, and how effective the 150 sanction or incentive will be in moving the child to compliant 151 behavior. 152
Section
Section 985.686, Florida Statutes, is repealed. 153
Section 5. Subsections (1) through (6) of
section 985.6865, 154 Florida Statutes, are amended to read: 155 985.6865 Juvenile detention.— 156
(1) The Legislature finds that various counties and the 157 Department of Juvenile Justice have engaged in a multitude of 158 legal proceedings regarding detention cost sharing for 159 juveniles. Such litigation has largely focused on how the 160 Department of Juvenile Justice calculates the detention costs 161 that the counties are responsible for paying, leading to the 162 overbilling of counties for a period of years. Additionally, 163 litigation pending in 2016 is a financial burden on the 164 taxpayers of this state. 165
(2) It is the intent of the Legislature that all counties 166 that are not fiscally constrained counties and that have pending 167 administrative or judicial claims or challenges file a notice of 168 voluntary dismissal with prejudice to dismiss all actions 169 pending on or before February 1, 2016, against the state or any 170 state agency related to juvenile detention cost sharing. 171 Furthermore, all counties that are not fiscally constrained 172 shall execute a release and waiver of any existing or future 173 claims and actions arising from detention cost share prior to 174
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. the 2016-2017 fiscal year. The department may not seek 175 reimbursement from counties complying with this subsection for 176 any underpayment for any cost-sharing requirements before the 177 2016-2017 fiscal year. 178 (1)
(3) As used in this section, the term: 179 (a) “Detention care” means secure detention and respite 180 beds for juveniles charged with a domestic violence crime. 181 (b) “Fiscally constrained county” means a county within a 182 rural area of opportunity as designated by the Governor pursuant 183 to s. 288.0656 or each county for which the value of a mill will 184 raise no more than $5 million in revenue, based on the certified 185 school taxable value certified pursuant to s. 1011.62(4)(a)1.a., 186 from the previous July 1. 187 (c) “Total shared detention costs” means the amount of 188 funds expended by the department for the costs of detention care 189 for the prior fiscal year.
This amount includes the most recent 190 actual certify forward amounts minus any funds it expends on 191 detention care for juveniles residing in fiscally constrained 192 counties or out of state. 193 (2)
(4) Notwithstanding s. 985.686, for the 2017-2018 fiscal 194 year, and each fiscal year thereafter, each county that is not a 195 fiscally constrained county and that has taken the action 196 fulfilling the intent of this
section as described in subsection 197 (2) shall pay its annual percentage share of 50 percent of the 198 total shared detention costs. By Annually by July 15, 2017, and 199 each year thereafter, the department shall calculate and provide 200 to each county that is not a fiscally constrained county and 201 that does not provide its own detention care for juveniles its 202 annual percentage share by dividing the total number of 203
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. detention days for juveniles residing in the county for the most 204 recently completed 12-month period by the total number of 205 detention days for juveniles in all counties that are not 206 fiscally constrained counties during the same period.
The annual 207 percentage share of each county that is not a fiscally 208 constrained county and that does not provide its own detention 209 care for juveniles must be multiplied by 50 percent of the total 210 shared detention costs to determine that county’s share of 211 detention costs. Beginning August 1, each such county shall pay 212 to the department its share of detention costs, which shall be 213 paid in 12 equal payments due on the first day of each month. 214 The state shall pay the remaining actual costs of detention 215 care. 216 (3)
(5) The state shall pay all costs of detention care for 217 juveniles residing in a fiscally constrained county and for 218 juveniles residing out of state. The state shall pay all costs 219 of detention care for juveniles housed in state detention 220 centers from counties that provide their own detention care for 221 juveniles. 222 (4)
(6) Each county that is not a fiscally constrained 223 county and that does not provide its own detention care for 224 juveniles has taken the action fulfilling the intent of this 225
section as described in subsection (2) shall incorporate into 226 its annual county budget sufficient funds to pay its annual 227 percentage share of the total shared detention costs required by 228 subsection (2) (4). 229
Section 6. Subsection (1) of
section 985.245, Florida 230 Statutes, is amended to read: 231 985.245 Risk assessment instrument.— 232
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions.
(1) All determinations and court orders regarding placement 233 of a child into detention care shall comply with all 234 requirements and criteria provided in this part and shall be 235 based on a risk assessment of the child, unless the child is 236 placed into detention care as provided in s. 985.255(3) s. 237 985.255(2). 238
Section 7. Subsection (1) of
section 985.25, Florida 239 Statutes, is amended to read: 240 985.25 Detention intake.— 241
(1) The department shall receive custody of a child who has 242 been taken into custody from the law enforcement agency or court 243 and shall review the facts in the law enforcement report or 244 probable cause affidavit and make such further inquiry as may be 245 necessary to determine whether detention care is appropriate. 246 (
a) During the period of time from the taking of the child 247 into custody to the date of the detention hearing, the initial 248 decision as to the child’s placement into detention care shall 249 be made by the department under ss. 985.24 and 985.245(1). 250 (
b) The department shall base the decision whether to place 251 the child into detention care on an assessment of risk in 252 accordance with the risk assessment instrument and procedures 253 developed by the department under s. 985.245, except that a 254 child shall be placed in secure detention care until the child’s 255 detention hearing if the child meets the criteria specified in 256 s. 985.255(2)(
f) s. 985.255(1)(
f) or is charged with possessing 257 or discharging a firearm on school property in violation of s. 258 790.115. 259 (
c) If the final score on the child’s risk assessment 260 instrument indicates detention care is appropriate, but the 261
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. department otherwise determines the child should be released, 262 the department shall contact the state attorney, who may 263 authorize release. 264 (
d) If the final score on the risk assessment instrument 265 indicates detention is not appropriate, the child may be 266 released by the department in accordance with ss. 985.115 and 267 985.13. 268 269 Under no circumstances shall the department or the state 270 attorney or law enforcement officer authorize the detention of 271 any child in a jail or other facility intended or used for the 272 detention of adults, without an order of the court. 273
Section 8. Paragraphs (
c) and (
d) of subsection (2) of 274
section 985.26, Florida Statutes, are amended to read: 275 985.26 Length of detention.— 276 (2) 277 (
c) A prolific juvenile offender under s. 985.255(2)(
f) s. 278 985.255(1)(
f) shall be placed on supervised release detention 279 care with electronic monitoring or in secure detention care 280 under a special detention order until disposition. If secure 281 detention care is ordered by the court, it must be authorized 282 under this part and may not exceed: 283 1. Twenty-one days unless an adjudicatory hearing for the 284 case has been commenced in good faith by the court or the period 285 is extended by the court pursuant to paragraph (b); or 286 2. Fifteen days after the entry of an order of 287 adjudication. 288 289 As used in this paragraph, the term “disposition” means a 290
Florida Senate - 2021 SB 1166 24-00816B-21 20211166__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. declination to file under s. 985.15(1)(h), the entry of nolle 291 prosequi for the charges, the filing of an indictment under s. 292 985.56 or an information under s. 985.557, a dismissal of the 293 case, or an order of final disposition by the court. 294 (
d) A prolific juvenile offender under s. 985.255(2)(
f) s. 295 985.255(1)(
f) who is taken into custody for a violation of the 296 conditions of his or her supervised release detention must be 297 held in secure detention until a detention hearing is held. 298
Section 9. Subsection (1) of
section 985.35, Florida 299 Statutes, is amended to read: 300 985.35 Adjudicatory hearings; withheld adjudications; 301 orders of adjudication.— 302 (1)(
a) Except as provided in paragraph (b), the 303 adjudicatory hearing must be held as soon as practicable after 304 the petition alleging that a child has committed a delinquent 305 act or violation of law is filed and in accordance with the 306 Florida Rules of Juvenile Procedure; but reasonable delay for 307 the purpose of investigation, discovery, or procuring counsel or 308 witnesses shall be granted. If the child is being detained, the 309 time limitations in s. 985.26(2) and (3) apply. 310 (
b) If the child is a prolific juvenile offender under s. 311 985.255(2)(
f) s. 985.255(1)(f), the adjudicatory hearing must be 312 held within 45 days after the child is taken into custody unless 313 a delay is requested by the child. 314