Senate Bill 628 (2020) — Prosecuting children as adults
SB 628
Florida Bills
Florida Senate - 2020 SB 628 By Senator Powell 30-00513-20 2020628__ Page 1 of 14 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to prosecuting children as adults; 2 amending s. 985.556, F.S.; deleting provisions under 3 which a state attorney either must request a court to 4 transfer and certify children of certain ages who 5 commit specified crimes for prosecution as adults or 6 must provide written reasons to the court for not 7 making such a request, or proceed under certain 8 provisions; amending s. 985.557, F.S.; revising the 9 circumstances under which a state attorney may file an 10 information in cases that involve children of certain 11 ages who commit certain crimes; amending s. 985.56, 12 F.S.; providing that children 14 years of age or 13 older, rather than children of any age, who are 14 charged with certain offenses are subject to the 15 jurisdiction of the court until an indictment is 16 returned by the grand jury; prohibiting the transfer 17 to adult court for criminal prosecution of a child who 18 commits an indictable offense and who has a pending 19 competency hearing or who previously has been found 20 incompetent and has not been restored to competency by 21 a court until the child’s competency is restored; 22 providing for the tolling of certain time limits; 23 authorizing, rather than requiring, that a child who 24 is found to have committed specified crimes be 25 sentenced according to certain provisions; amending s. 26 985.03, F.S.; conforming a cross-reference; amending 27 s. 985.565, F.S.; conforming provisions to changes 28 made by the act; reenacting ss. 985.15(1) and 29
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 2 of 14 CODING: Words stricken are deletions; words underlined are additions. 985.265(5), F.S., relating to filing decisions and 30 detention transfer and release, education, and adult 31 jails, respectively, to incorporate the amendment made 32 to s. 985.556, F.S., in references thereto; reenacting 33 s. 985.26(2)(c), F.S., relating to the length of 34 detention, to incorporate the amendment to s. 985.56, 35 F.S., in a reference thereto; providing an effective 36 date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40
Section 1. Subsections (2) and (3) of
section 985.556, 41 Florida Statutes, are amended, and subsection (1) of that 42
section is republished, to read: 43 985.556 Waiver of juvenile court jurisdiction; hearing.— 44
(1) VOLUNTARY WAIVER.—The court shall transfer and certify 45 a child’s criminal case for trial as an adult if the child is 46 alleged to have committed a violation of law and, prior to the 47 commencement of an adjudicatory hearing, the child, joined by a 48 parent or, in the absence of a parent, by the guardian or 49 guardian ad litem, demands in writing to be tried as an adult. 50 Once a child has been transferred for criminal prosecution 51 pursuant to a voluntary waiver hearing and has been found to 52 have committed the presenting offense or a lesser included 53 offense, the child shall be handled thereafter in every respect 54 as an adult for any subsequent violation of state law, unless 55 the court imposes juvenile sanctions under s. 985.565(4)(b). 56
(2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in 57 subsection (3), The state attorney may file a motion requesting 58
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 3 of 14 CODING: Words stricken are deletions; words underlined are additions. the court to transfer the child for criminal prosecution if the 59 child was 14 years of age or older at the time the alleged 60 delinquent act or violation of law was committed. 61
(3) INVOLUNTARY MANDATORY WAIVER.— 62 (
a) If the child was 14 years of age or older, and if the 63 child has been previously adjudicated delinquent for
an act 64 classified as a felony, which adjudication was for the 65 commission of, attempt to commit, or conspiracy to commit 66 murder, sexual battery, armed or strong-armed robbery, 67 carjacking, home-invasion robbery, aggravated battery, 68 aggravated assault, or burglary with an assault or battery, and 69 the child is currently charged with a second or subsequent 70 violent crime against a person; or 71 (
b) If the child was 14 years of age or older at the time 72 of commission of a fourth or subsequent alleged felony offense 73 and the child was previously adjudicated delinquent or had 74 adjudication withheld for or was found to have committed, or to 75 have attempted or conspired to commit, three offenses that are 76 felony offenses if committed by an adult, and one or more of 77 such felony offenses involved the use or possession of a firearm 78 or violence against a person; 79 80 the state attorney shall request the court to transfer and 81 certify the child for prosecution as an adult or shall provide 82 written reasons to the court for not making such request, or 83 proceed under s. 985.557(1).
Upon the state attorney’s request, 84 the court shall either enter an order transferring the case and 85 certifying the case for trial as if the child were an adult or 86 provide written reasons for not issuing such an order. 87
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 4 of 14 CODING: Words stricken are deletions; words underlined are additions.
Section
Section 985.557, Florida Statutes, is amended to 88 read: 89 985.557 Prosecuting children as adults Direct filing of an 90 information; discretionary criteria.— 91
(1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 92 FILE.— 93 (
a) With respect to any child who was 14 or 15 years of age 94 at the time the alleged offense was committed, the state 95 attorney may file an information when in the state attorney’s 96 judgment and discretion the public interest requires that adult 97 sanctions be considered or imposed and when the offense charged 98 is for the commission of, attempt to commit, or conspiracy to 99 commit: 100 1. Arson; 101 2. Sexual battery; 102 3. Robbery; 103 4. Kidnapping; 104 5. Aggravated child abuse; 105 6. Aggravated assault; 106 7. Aggravated stalking; 107 8. Murder; 108 9. Manslaughter; 109 10.
Unlawful throwing, placing, or discharging of a 110 destructive device or bomb; 111 11. Armed burglary in violation of s. 810.02(2)(
b) or 112 specified burglary of a dwelling or structure in violation of s. 113 810.02(2)(c), or burglary with an assault or battery in 114 violation of s. 810.02(2)(a); 115 12. Aggravated battery; 116
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 5 of 14 CODING: Words stricken are deletions; words underlined are additions. 13. Any lewd or lascivious offense committed upon or in the 117 presence of a person less than 16 years of age; 118 14. Carrying, displaying, using, threatening, or attempting 119 to use a weapon or firearm during the commission of a felony; 120 15. Grand theft in violation of s. 812.014(2)(a); 121 16. Possessing or discharging any weapon or firearm on 122 school property in violation of s. 790.115; 123 17. Home invasion robbery; 124 18. Carjacking; or 125 19.
Grand theft of a motor vehicle in violation of s. 126 812.014(2)(c)6. or grand theft of a motor vehicle valued at 127 $20,000 or more in violation of s. 812.014(2)(
b) if the child 128 has a previous adjudication for grand theft of a motor vehicle 129 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 130 (
b) With respect to any child who was 16 or 17 years of age 131 at the time the alleged violent felony offense was committed, 132 the state attorney may file an information when in the state 133 attorney’s judgment and discretion the public interest requires 134 that adult sanctions be considered or imposed. However, the 135 state attorney may not file an information on a child charged 136 with a misdemeanor, unless the child has had at least two 137 previous adjudications or adjudications withheld for delinquent 138 acts, one of which involved an offense classified as a violent 139 felony under state law. 140
(2) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT 141 FILE.— 142 (
a) Once a child has been transferred for criminal 143 prosecution pursuant to an information and has been found to 144 have committed the presenting offense or a lesser included 145
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 6 of 14 CODING: Words stricken are deletions; words underlined are additions. offense, the child shall be handled thereafter in every respect 146 as if an adult for any subsequent violation of state law, unless 147 the court imposes juvenile sanctions under s. 985.565. 148 (
b) When a child is transferred for criminal prosecution as 149 an adult, the court shall immediately transfer and certify to 150 the adult circuit court all felony cases pertaining to the 151 child, for prosecution of the child as an adult, which have not 152 yet resulted in a plea of guilty or nolo contendere or in which 153 a finding of guilt has not been made.
If a child is acquitted of 154 all charged offenses or lesser included offenses contained in 155 the original case transferred to adult court, all felony cases 156 that were transferred to adult court as a result of this 157 paragraph shall be subject to the same penalties to which such 158 cases would have been subject before being transferred to adult 159 court. 160 (
c) When a child has been transferred for criminal 161 prosecution as an adult and has been found to have committed a 162 violation of state law, the disposition of the case may be made 163 under s. 985.565 and may include the enforcement of any 164 restitution ordered in any juvenile proceeding. 165
(3) CHARGES INCLUDED ON INFORMATION.—An information filed 166 pursuant to this
section may include all charges that are based 167 on the same act, criminal episode, or transaction as the primary 168 offenses. 169
Section
Section 985.56, Florida Statutes, is amended to 170 read: 171 985.56 Indictment of a juvenile.— 172
(1) A child 14 years of age or older of any age who is 173 charged with a violation of state law punishable by death or by 174
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 7 of 14 CODING: Words stricken are deletions; words underlined are additions. life imprisonment is subject to the jurisdiction of the court as 175 set forth in s. 985.0301(2) unless and until an indictment on 176 the charge is returned by the grand jury. When such indictment 177 is returned, the petition for delinquency, if any, must be 178 dismissed and the child must be tried and handled in every 179 respect as an adult: 180 (
a) On the indictable offense punishable by death or by 181 life imprisonment; and 182 (
b) On all other felonies or misdemeanors charged in the 183 indictment which are based on the same act or transaction as the 184 indictable offense punishable by death or by life imprisonment 185 or on one or more acts or transactions connected with the 186 offense punishable by death or by life imprisonment. 187
(2) An adjudicatory hearing may not be held until 21 days 188 after the child is taken into custody and charged with having 189 committed an indictable offense punishable by death or by life 190 imprisonment, unless the state attorney advises the court in 191 writing that he or she does not intend to present the case to 192 the grand jury, or has presented the case to the grand jury and 193 the grand jury has not returned an indictment. If the court 194 receives such a notice from the state attorney, or if the grand 195 jury fails to act within the 21-day period, the court may 196 proceed as otherwise authorized under this part. 197
(3) Notwithstanding any other law, a child who commits an 198 offense for which he or she may be indicted and who has a 199 pending competency hearing in juvenile court or who previously 200 has been found to be incompetent and has not been restored to 201 competency by a court may not be transferred to adult court for 202 criminal prosecution until the child’s competency is restored. A 203
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 8 of 14 CODING: Words stricken are deletions; words underlined are additions. pending competency hearing or a finding of incompetency tolls 204 the time limits in subsection (2). If the child is found to have 205 committed the offense punishable by death or by life 206 imprisonment, the child may shall be sentenced pursuant to s. 207 985.565 as an adult. If the juvenile is not found to have 208 committed the indictable offense but is found to have committed 209 a lesser included offense or any other offense for which he or 210 she was indicted as a part of the criminal episode, the court 211 may sentence under s. 985.565. 212 (4)(
a) If Once a child has been indicted pursuant to this 213
section and has been found to have committed any offense for 214 which he or she was indicted as a part of the criminal episode, 215 the child must shall be handled thereafter in every respect as 216 if an adult for any subsequent violation of state law, unless 217 the court imposes juvenile sanctions under s. 985.565. 218 (
b) If When a child has been indicted pursuant to this 219 section, the court must shall immediately transfer and certify 220 to the adult circuit court all felony cases pertaining to the 221 child, for prosecution of the child as an adult, which have not 222 yet resulted in a plea of guilty or nolo contendere or in which 223 a finding of guilt has not been made. If the child is acquitted 224 of all charged offenses or lesser included offenses contained in 225 the indictment case, all felony cases that were transferred to 226 adult court pursuant to this paragraph must shall be subject to 227 the same penalties such cases were subject to before being 228 transferred to adult court. 229
Section 4. Subsection (54) of
section 985.03, Florida 230 Statutes, is amended to read: 231 985.03
Definitions.—As used in this chapter, the term: 232
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 9 of 14 CODING: Words stricken are deletions; words underlined are additions. (54) “Waiver hearing” means a hearing provided for under s. 233 985.556(3) s. 985.556(4). 234
Section 5. Paragraphs (
a) and (
b) of subsection (4) of 235
section 985.565, Florida Statutes, are amended to read: 236 985.565 Sentencing powers; procedures; alternatives for 237 juveniles prosecuted as adults.— 238
(4) SENTENCING ALTERNATIVES.— 239 (
a) Adult sanctions.— 240 1. Cases prosecuted on indictment.—If the child is found to 241 have committed the offense punishable by death or life 242 imprisonment, the child shall be sentenced as an adult. If the 243 juvenile is not found to have committed the indictable offense 244 but is found to have committed a lesser included offense or any 245 other offense for which he or she was indicted as a part of the 246 criminal episode, the court may sentence as follows: 247 a. As an adult; 248 b. Under
chapter 958; or 249 c. As a juvenile under this section. 250 2. Other cases.—If a child who has been transferred for 251 criminal prosecution pursuant to information or waiver of 252 juvenile court jurisdiction is found to have committed a 253 violation of state law or a lesser included offense for which he 254 or she was charged as a part of the criminal episode, the court 255 may sentence as follows: 256 a. As an adult; 257 b. Under
chapter 958; or 258 c. As a juvenile under this section. 259 3. Notwithstanding any other provision to the contrary, if 260 the state attorney is required to file a motion to transfer and 261
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 10 of 14 CODING: Words stricken are deletions; words underlined are additions. certify the juvenile for prosecution as an adult under s. 262 985.556(3) and that motion is granted, the court must impose 263 adult sanctions. 264 4. Any sentence imposing adult sanctions is presumed 265 appropriate, and the court is not required to set forth specific 266 findings or enumerate the criteria in this subsection as any 267 basis for its decision to impose adult sanctions. 268 4.5.
When a child has been transferred for criminal 269 prosecution as an adult and has been found to have committed a 270 violation of state law, the disposition of the case may include 271 the enforcement of any restitution ordered in any juvenile 272 proceeding. 273 (
b) Juvenile sanctions.—For juveniles transferred to adult 274 court but who do not qualify for such transfer under s. 275 985.556(3), the court may impose juvenile sanctions under this 276 paragraph. If juvenile sentences are imposed, the court shall, 277 under this paragraph, adjudge the child to have committed a 278 delinquent act. Adjudication of delinquency may not be deemed a 279 conviction, nor shall it operate to impose any of the civil 280 disabilities ordinarily resulting from a conviction.
The court 281 shall impose an adult sanction or a juvenile sanction and may 282 not sentence the child to a combination of adult and juvenile 283 punishments. An adult sanction or a juvenile sanction may 284 include enforcement of an order of restitution or probation 285 previously ordered in any juvenile proceeding. However, if the 286 court imposes a juvenile sanction and the department determines 287 that the sanction is unsuitable for the child, the department 288 shall return custody of the child to the sentencing court for 289 further proceedings, including the imposition of adult 290
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 11 of 14 CODING: Words stricken are deletions; words underlined are additions. sanctions. Upon adjudicating a child delinquent under subsection 291 (1), the court may: 292 1. Place the child in a probation program under the 293 supervision of the department for an indeterminate period of 294 time until the child reaches the age of 19 years or sooner if 295 discharged by order of the court. 296 2.
Commit the child to the department for treatment in an 297 appropriate program for children for an indeterminate period of 298 time until the child is 21 or sooner if discharged by the 299 department. The department shall notify the court of its intent 300 to discharge no later than 14 days before discharge. Failure of 301 the court to timely respond to the department’s notice shall be 302 considered approval for discharge. 303 3.
Order disposition under ss. 985.435, 985.437, 985.439, 304 985.441, 985.45, and 985.455 as an alternative to youthful 305 offender or adult sentencing if the court determines not to 306 impose youthful offender or adult sanctions. 307 308 It is the intent of the Legislature that the criteria and 309 guidelines in this subsection are mandatory and that a 310 determination of disposition under this subsection is subject to 311 the right of the child to appellate review under s. 985.534. 312
Section 6. For the purpose of incorporating the amendment 313 made by this act to
section 985.556, Florida Statutes, in a 314 reference thereto, subsection (1) of
section 985.15, Florida 315 Statutes, is reenacted to read: 316 985.15 Filing decisions.— 317
(1) The state attorney may in all cases take action 318 independent of the action or lack of action of the juvenile 319
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 12 of 14 CODING: Words stricken are deletions; words underlined are additions. probation officer and shall determine the action that is in the 320 best interest of the public and the child. If the child meets 321 the criteria requiring prosecution as an adult under s. 985.556, 322 the state attorney shall request the court to transfer and 323 certify the child for prosecution as an adult or shall provide 324 written reasons to the court for not making such a request. In 325 all other cases, the state attorney may: 326 (
a) File a petition for dependency; 327 (
b) File a petition under
chapter 984; 328 (
c) File a petition for delinquency; 329 (
d) File a petition for delinquency with a motion to 330 transfer and certify the child for prosecution as an adult; 331 (
e) File an information under s. 985.557; 332 (
f) Refer the case to a grand jury; 333 (
g) Refer the child to a diversionary, pretrial 334 intervention, arbitration, or mediation program, or to some 335 other treatment or care program if such program commitment is 336 voluntarily accepted by the child or the child’s parents or 337 legal guardian; or 338 (
h) Decline to file. 339
Section 7. For the purpose of incorporating the amendment 340 made by this act to
section 985.556, Florida Statutes, in a 341 reference thereto, subsection (5) of
section 985.265, Florida 342 Statutes, is reenacted to read: 343 985.265 Detention transfer and release; education; adult 344 jails.— 345
(5) The court shall order the delivery of a child to a jail 346 or other facility intended or used for the detention of adults: 347 (
a) When the child has been transferred or indicted for 348
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 13 of 14 CODING: Words stricken are deletions; words underlined are additions. criminal prosecution as an adult under
part X, except that the 349 court may not order or allow a child alleged to have committed a 350 misdemeanor who is being transferred for criminal prosecution 351 pursuant to either s. 985.556 or s. 985.557 to be detained or 352 held in a jail or other facility intended or used for the 353 detention of adults; however, such child may be held temporarily 354 in a detention facility; or 355 (
b) When a child taken into custody in this state is wanted 356 by another jurisdiction for prosecution as an adult. 357 358 The child shall be housed separately from adult inmates to 359 prohibit a child from having regular contact with incarcerated 360 adults, including trusties. “Regular contact” means sight and 361 sound contact. Separation of children from adults shall permit 362 no more than haphazard or accidental contact. The receiving jail 363 or other facility shall contain a separate
section for children 364 and shall have an adequate staff to supervise and monitor the 365 child’s activities at all times. Supervision and monitoring of 366 children includes physical observation and documented checks by 367 jail or receiving facility supervisory personnel at intervals 368 not to exceed 10 minutes. This subsection does not prohibit 369 placing two or more children in the same cell. Under no 370 circumstances shall a child be placed in the same cell with an 371 adult. 372
Section 8. For the purpose of incorporating the amendment 373 made by this act to
section 985.56, Florida Statutes, in a 374 reference thereto, paragraph (
c) of subsection (2) of
section 375 985.26, Florida Statutes, is reenacted to read: 376 985.26 Length of detention.— 377
Florida Senate - 2020 SB 628 30-00513-20 2020628__ Page 14 of 14 CODING: Words stricken are deletions; words underlined are additions. (2) 378 (
c) A prolific juvenile offender under s. 985.255(1)(f) 379 shall be placed on supervised release detention care with 380 electronic monitoring or in secure detention care under a 381 special detention order until disposition. If secure detention 382 care is ordered by the court, it must be authorized under this 383 part and may not exceed: 384 1. Twenty-one days unless an adjudicatory hearing for the 385 case has been commenced in good faith by the court or the period 386 is extended by the court pursuant to paragraph (b); or 387 2.
Fifteen days after the entry of an order of 388 adjudication. 389 390 As used in this paragraph, the term “disposition” means a 391 declination to file under s. 985.15(1)(h), the entry of nolle 392 prosequi for the charges, the filing of an indictment under s. 393 985.56 or an information under s. 985.557, a dismissal of the 394 case, or an order of final disposition by the court. 395