Bill Text: FL S0314 | 2016 | Regular Session | Engrossed
Bill Title: Direct Filing of Juveniles
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-03-11 - Died in Messages, companion bill(s) passed, see CS/CS/HB 293 (Ch. 2016-78) [S0314 Detail]
Download: Florida-2016-S0314-Engrossed.html
SB 314 First Engrossed 2016314e1 1 A bill to be entitled 2 An act relating to direct filing of juveniles; 3 amending s. 985.556, F.S.; deleting provisions 4 relating to the involuntary mandatory waiver of 5 children by a state attorney; amending s. 985.557, 6 F.S.; requiring a state attorney to document in 7 writing specified information; requiring the state 8 attorney to submit specified collected information to 9 the Department of Juvenile Justice; deleting 10 provisions relating to the mandatory direct filing of 11 children to adult court; prohibiting the transfer to 12 adult court of a child found to be incompetent under 13 certain circumstances; requiring the department to 14 collect specified information beginning on a certain 15 date; requiring the department to work with the Office 16 of Program Policy Analysis and Government 17 Accountability to generate a report of specified 18 information; requiring the department to submit 19 reports to the Governor and the Legislature by 20 specified dates; amending ss. 985.03, 985.04, 985.15, 21 and 985.565, F.S.; conforming provisions to changes 22 made by the act; reenacting s. 985.265(5), F.S., 23 relating to juvenile detention transfer and release 24 and education, and adult jails, to incorporate the 25 amendments made to ss. 985.556 and 985.557, F.S., in a 26 reference thereto; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsections (2) and (3) of section 985.556, 31 Florida Statutes, are amended, and present subsections (4) and 32 (5) of that section are redesignated as subsections (3) and (4), 33 respectively, to read: 34 985.556 Waiver of juvenile court jurisdiction; hearing.— 35 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in36subsection (3),The state attorney may file a motion requesting 37 the court to transfer the child for criminal prosecution if the 38 child was 14 years of age or older at the time the alleged 39 delinquent act or violation of law was committed. 40(3) INVOLUNTARY MANDATORY WAIVER.—41(a) If the child was 14 years of age or older, and if the42child has been previously adjudicated delinquent for an act43classified as a felony, which adjudication was for the44commission of, attempt to commit, or conspiracy to commit45murder, sexual battery, armed or strong-armed robbery,46carjacking, home-invasion robbery, aggravated battery,47aggravated assault, or burglary with an assault or battery, and48the child is currently charged with a second or subsequent49violent crime against a person; or50(b) If the child was 14 years of age or older at the time51of commission of a fourth or subsequent alleged felony offense52and the child was previously adjudicated delinquent or had53adjudication withheld for or was found to have committed, or to54have attempted or conspired to commit, three offenses that are55felony offenses if committed by an adult, and one or more of56such felony offenses involved the use or possession of a firearm57or violence against a person;58 59the state attorney shall request the court to transfer and60certify the child for prosecution as an adult or shall provide61written reasons to the court for not making such request, or62proceed under s. 985.557(1). Upon the state attorney’s request,63the court shall either enter an order transferring the case and64certifying the case for trial as if the child were an adult or65provide written reasons for not issuing such an order.66 Section 2. Paragraph (c) is added to subsection (1) of 67 section 985.557, Florida Statutes, present subsection (2) of 68 that section is amended, present subsections (3) and (4) of that 69 section are redesignated as subsections (2) and (3), 70 respectively, and a new subsection (4) and subsection (5) are 71 added to that section, to read: 72 985.557 Direct filing of an information; discretionaryand73mandatorycriteria.— 74 (1) DISCRETIONARY DIRECT FILE.— 75 (c)1. A decision under this section to transfer a child to 76 adult court for criminal prosecution, or a decision not to 77 transfer a child eligible for direct file, shall be documented 78 in writing by the state attorney in charge of the case and be 79 signed by the child’s defense attorney or, if the child is not 80 represented by counsel, by the child’s parent or guardian. The 81 document shall be filed with the court at the disposition of the 82 case. The state attorney shall include the following information 83 in the written decision: 84 a. Whether adult codefendants were involved in the case. 85 b. The length of time the child spent in jail awaiting 86 disposition. 87 c. Whether any discovery has been conducted on the case at 88 the time of transfer. 89 d. Whether the child waived the right to go to trial. 90 e. If the decision to transfer or not to transfer resulted 91 in a plea agreement, the details of the plea agreement, 92 including previous plea offers made by the state but not 93 accepted by the child, and any conditions placed on the plea 94 offer. 95 f. Whether the prosecutor allowed the judge to sentence the 96 child to a disposition other than what the prosecutor was 97 offering in exchange for the child not being transferred to 98 adult court. 99 g. Whether the child had to waive statutory limits on 100 secure detention in order to avoid a direct file transfer, and, 101 if available, the amount of time the child who waived secure 102 detention limits actually spent in secure detention. 103 2. On or before the 15th of each month, the state attorney 104 in each judicial circuit shall collect the information specified 105 in subparagraph 1. for all cases disposed of the previous month 106 and submit that documentation to the department for data 107 collection. 108(2) MANDATORY DIRECT FILE.—109(a) With respect to any child who was 16 or 17 years of age110at the time the alleged offense was committed, the state111attorney shall file an information if the child has been112previously adjudicated delinquent for an act classified as a113felony, which adjudication was for the commission of, attempt to114commit, or conspiracy to commit murder, sexual battery, armed or115strong-armed robbery, carjacking, home-invasion robbery,116aggravated battery, or aggravated assault, and the child is117currently charged with a second or subsequent violent crime118against a person.119(b) With respect to any child 16 or 17 years of age at the120time an offense classified as a forcible felony, as defined in121s. 776.08, was committed, the state attorney shall file an122information if the child has previously been adjudicated123delinquent or had adjudication withheld for three acts124classified as felonies each of which occurred at least 45 days125apart from each other. This paragraph does not apply when the126state attorney has good cause to believe that exceptional127circumstances exist which preclude the just prosecution of the128juvenile in adult court.129(c) The state attorney must file an information if a child,130regardless of the child’s age at the time the alleged offense131was committed, is alleged to have committed an act that would be132a violation of law if the child were an adult, that involves133stealing a motor vehicle, including, but not limited to, a134violation of s. 812.133, relating to carjacking, or s.135812.014(2)(c)6., relating to grand theft of a motor vehicle, and136while the child was in possession of the stolen motor vehicle137the child caused serious bodily injury to or the death of a138person who was not involved in the underlying offense. For139purposes of this section, the driver and all willing passengers140in the stolen motor vehicle at the time such serious bodily141injury or death is inflicted shall also be subject to mandatory142transfer to adult court. “Stolen motor vehicle,” for the143purposes of this section, means a motor vehicle that has been144the subject of any criminal wrongful taking. For purposes of145this section, “willing passengers” means all willing passengers146who have participated in the underlying offense.147(d)1. With respect to any child who was 16 or 17 years of148age at the time the alleged offense was committed, the state149attorney shall file an information if the child has been charged150with committing or attempting to commit an offense listed in s.151775.087(2)(a)1.a.-q., and, during the commission of or attempt152to commit the offense, the child:153a. Actually possessed a firearm or destructive device, as154those terms are defined in s. 790.001.155b. Discharged a firearm or destructive device, as described156in s. 775.087(2)(a)2.157c. Discharged a firearm or destructive device, as described158in s. 775.087(2)(a)3., and, as a result of the discharge, death159or great bodily harm was inflicted upon any person.1602. Upon transfer, any child who is:161a. Charged under sub-subparagraph 1.a. and who has been162previously adjudicated or had adjudication withheld for a163forcible felony offense or any offense involving a firearm, or164who has been previously placed in a residential commitment165program, shall be subject to sentencing under s. 775.087(2)(a),166notwithstanding s. 985.565.167b. Charged under sub-subparagraph 1.b. or sub-subparagraph1681.c., shall be subject to sentencing under s. 775.087(2)(a),169notwithstanding s. 985.565.1703. Upon transfer, any child who is charged under this171paragraph, but who does not meet the requirements specified in172subparagraph 2., shall be sentenced under s. 985.565; however,173if the court imposes a juvenile sanction, the court must commit174the child to a high-risk or maximum-risk juvenile facility.1754. This paragraph shall not apply if the state attorney has176good cause to believe that exceptional circumstances exist that177preclude the just prosecution of the child in adult court.1785. The Department of Corrections shall make every179reasonable effort to ensure that any child 16 or 17 years of age180who is convicted and sentenced under this paragraph be181completely separated such that there is no physical contact with182adult offenders in the facility, to the extent that it is183consistent with chapter 958.184 (4) TRANSFER PROHIBITION.—Notwithstanding any other law, a 185 child who is eligible for direct file and who has previously 186 been found to be incompetent but has not been restored to 187 competency by a court may not be transferred to adult court for 188 criminal prosecution. A transferred child who is found to be 189 incompetent must be returned to the jurisdiction of the juvenile 190 court. 191 (5) DATA COLLECTION RELATING TO DIRECT FILE.— 192 (a) Beginning January 1, 2017, the department shall collect 193 data relating to children who qualify for direct file under this 194 section and s. 985.556 regardless of the outcome of the case, 195 including, but not limited to: 196 1. Age. 197 2. Race and ethnicity. 198 3. Gender. 199 4. Circuit and county of residence. 200 5. Circuit and county of offense. 201 6. Prior adjudicated offenses. 202 7. Prior periods of probation. 203 8. Previous contacts with law enforcement agencies or the 204 court which result in a civil citation, arrest, or charges being 205 filed with the state. 206 9. Initial charges. 207 10. Charges at disposition. 208 11. Whether child codefendants were involved who were 209 transferred to adult court. 210 12. Whether the child was represented by counsel. 211 13. Risk assessment instrument score. 212 14. The child’s medical, mental health, substance abuse, or 213 trauma history. 214 15. The child’s history of mental impairment or disability 215 related accommodations. 216 16. The child’s history of abuse or neglect. 217 17. The child’s history of foster care placements, 218 including the number of prior placements. 219 18. Whether the child has below-average intellectual 220 functioning. 221 19. Whether the child has received mental health services 222 or treatment. 223 20. Whether the child has been the subject of a child-in 224 need-of-services or families-in-need-of-services petition or a 225 dependency petition. 226 21. Whether the child was transferred for criminal 227 prosecution as an adult. 228 22. The case resolution in juvenile court. 229 23. The case resolution in adult court. 230 24. Whether the child was represented by counsel or whether 231 the child waived counsel. 232 25. Information generated by the office of the state 233 attorney in each judicial circuit under subparagraph (1)(c)1. 234 (b) Beginning January 1, 2017, for a child transferred for 235 criminal prosecution as an adult, the department shall also 236 collect: 237 1. Disposition data, including, but not limited to, whether 238 the child received adult sanctions, juvenile sanctions, or 239 diversion and, if sentenced to prison, the length of the prison 240 sentence or the enhanced sentence; and 241 2. Whether the child was previously found incompetent to 242 proceed in juvenile court. 243 (c) For every juvenile case transferred between July 1, 244 2015, and June 30, 2016, the department shall work with the 245 Office of Program Policy Analysis and Government Accountability 246 to generate a report analyzing the aggregated data. The 247 department must provide this report to the Governor, the 248 President of the Senate, and the Speaker of the House of 249 Representatives by January 31, 2017. 250 (d) The department must work with the Office of Program 251 Policy Analysis and Government Accountability to generate a 252 report analyzing the aggregated data under paragraphs (a) and 253 (b) on an annual basis. The department must provide this report 254 to the Governor, the President of the Senate, and the Speaker of 255 the House of Representatives no later than January 31 of the 256 following calendar year. 257 Section 3. Subsection (54) of section 985.03, Florida 258 Statutes, is amended to read: 259 985.03 Definitions.—As used in this chapter, the term: 260 (54) “Waiver hearing” means a hearing provided for under s. 261 985.556s. 985.556(4). 262 Section 4. Subsection (2) of section 985.04, Florida 263 Statutes, is amended to read: 264 985.04 Oaths; records; confidential information.— 265 (2) Notwithstanding any other provisions of this chapter, 266 the name, photograph, address, and crime or arrest report of a 267 child: 268 (a) Taken into custody if the child has been taken into 269 custody by a law enforcement officer for a violation of law 270 which, if committed by an adult, would be a felony; 271 (b) Found by a court to have committed three or more 272 violations of law which, if committed by an adult, would be 273 misdemeanors; 274 (c) Transferred to the adult system under s. 985.557, 275 indicted under s. 985.56, or waived under s. 985.556; 276(d) Taken into custody by a law enforcement officer for a277violation of law subject to s. 985.557(2)(b) or (d);or 278 (d)(e)Transferred to the adult system but sentenced to the 279 juvenile system under s. 985.565 280 281 shall not be considered confidential and exempt from s. 282 119.07(1) solely because of the child’s age. 283 Section 5. Subsection (1) of section 985.15, Florida 284 Statutes, is amended to read: 285 985.15 Filing decisions.— 286 (1) The state attorney may in all cases take action 287 independent of the action or lack of action of the juvenile 288 probation officer and shall determine the action that is in the 289 best interest of the public and the child.If the child meets290the criteria requiring prosecution as an adult under s. 985.556,291the state attorney shall request the court to transfer and292certify the child for prosecution as an adult or shall provide293written reasons to the court for not making such a request. In294all other cases,The state attorney may: 295 (a) File a petition for dependency; 296 (b) File a petition under chapter 984; 297 (c) File a petition for delinquency; 298 (d) File a petition for delinquency with a motion to 299 transfer and certify the child for prosecution as an adult; 300 (e) File an information under s. 985.557; 301 (f) Refer the case to a grand jury; 302 (g) Refer the child to a diversionary, pretrial 303 intervention, arbitration, or mediation program, or to some 304 other treatment or care program if such program commitment is 305 voluntarily accepted by the child or the child’s parents or 306 legal guardian; or 307 (h) Decline to file. 308 Section 6. Paragraphs (a) and (b) of subsection (4) of 309 section 985.565, Florida Statutes, are amended to read: 310 985.565 Sentencing powers; procedures; alternatives for 311 juveniles prosecuted as adults.— 312 (4) SENTENCING ALTERNATIVES.— 313 (a) Adult sanctions.— 314 1. Cases prosecuted on indictment.—If the child is found to 315 have committed the offense punishable by death or life 316 imprisonment, the child shall be sentenced as an adult. If the 317 juvenile is not found to have committed the indictable offense 318 but is found to have committed a lesser included offense or any 319 other offense for which he or she was indicted as a part of the 320 criminal episode, the court may sentence as follows: 321 a. As an adult; 322 b. Under chapter 958; or 323 c. As a juvenile under this section. 324 2. Other cases.—If a child who has been transferred for 325 criminal prosecution pursuant to information or waiver of 326 juvenile court jurisdiction is found to have committed a 327 violation of state law or a lesser included offense for which he 328 or she was charged as a part of the criminal episode, the court 329 may sentence as follows: 330 a. As an adult; 331 b. Under chapter 958; or 332 c. As a juvenile under this section. 3333. Notwithstanding any other provision to the contrary, if334the state attorney is required to file a motion to transfer and335certify the juvenile for prosecution as an adult under s.336985.556(3) and that motion is granted, or if the state attorney337is required to file an information under s. 985.557(2)(a) or338(b), the court must impose adult sanctions.339 3.4.Any sentence imposing adult sanctions is presumed 340 appropriate, and the court is not required to set forth specific 341 findings or enumerate the criteria in this subsection as any 342 basis for its decision to impose adult sanctions. 343 4.5.When a child has been transferred for criminal 344 prosecution as an adult and has been found to have committed a 345 violation of state law, the disposition of the case may include 346 the enforcement of any restitution ordered in any juvenile 347 proceeding. 348 (b) Juvenile sanctions.—For juveniles transferred to adult349court but who do not qualify for such transfer under s.350985.556(3) or s. 985.557(2)(a) or (b),The court may impose 351 juvenile sanctions under this paragraph for juveniles 352 transferred to adult court. If juvenile sentences are imposed, 353 the court shall, under this paragraph, adjudge the child to have 354 committed a delinquent act. Adjudication of delinquency shall 355 not be deemed a conviction, nor shall it operate to impose any 356 of the civil disabilities ordinarily resulting from a 357 conviction. The court shall impose an adult sanction or a 358 juvenile sanction and may not sentence the child to a 359 combination of adult and juvenile punishments. An adult sanction 360 or a juvenile sanction may include enforcement of an order of 361 restitution or probation previously ordered in any juvenile 362 proceeding. However, if the court imposes a juvenile sanction 363 and the department determines that the sanction is unsuitable 364 for the child, the department shall return custody of the child 365 to the sentencing court for further proceedings, including the 366 imposition of adult sanctions. Upon adjudicating a child 367 delinquent under subsection (1), the court may: 368 1. Place the child in a probation program under the 369 supervision of the department for an indeterminate period of 370 time until the child reaches the age of 19 years or sooner if 371 discharged by order of the court. 372 2. Commit the child to the department for treatment in an 373 appropriate program for children for an indeterminate period of 374 time until the child is 21 or sooner if discharged by the 375 department. The department shall notify the court of its intent 376 to discharge no later than 14 days prior to discharge. Failure 377 of the court to timely respond to the department’s notice shall 378 be considered approval for discharge. 379 3. Order disposition under ss. 985.435, 985.437, 985.439, 380 985.441, 985.45, and 985.455 as an alternative to youthful 381 offender or adult sentencing if the court determines not to 382 impose youthful offender or adult sanctions. 383 384 It is the intent of the Legislature that the criteria and 385 guidelines in this subsection are mandatory and that a 386 determination of disposition under this subsection is subject to 387 the right of the child to appellate review under s. 985.534. 388 Section 7. For the purpose of incorporating the amendment 389 made by this act to sections 985.556 and 985.557, Florida 390 Statutes, in a reference thereto, subsection (5) of section 391 985.265, Florida Statutes, is reenacted to read: 392 985.265 Detention transfer and release; education; adult 393 jails.— 394 (5) The court shall order the delivery of a child to a jail 395 or other facility intended or used for the detention of adults: 396 (a) When the child has been transferred or indicted for 397 criminal prosecution as an adult under part X, except that the 398 court may not order or allow a child alleged to have committed a 399 misdemeanor who is being transferred for criminal prosecution 400 pursuant to either s. 985.556 or s. 985.557 to be detained or 401 held in a jail or other facility intended or used for the 402 detention of adults; however, such child may be held temporarily 403 in a detention facility; or 404 (b) When a child taken into custody in this state is wanted 405 by another jurisdiction for prosecution as an adult. 406 407 The child shall be housed separately from adult inmates to 408 prohibit a child from having regular contact with incarcerated 409 adults, including trusties. “Regular contact” means sight and 410 sound contact. Separation of children from adults shall permit 411 no more than haphazard or accidental contact. The receiving jail 412 or other facility shall contain a separate section for children 413 and shall have an adequate staff to supervise and monitor the 414 child’s activities at all times. Supervision and monitoring of 415 children includes physical observation and documented checks by 416 jail or receiving facility supervisory personnel at intervals 417 not to exceed 10 minutes. This subsection does not prohibit 418 placing two or more children in the same cell. Under no 419 circumstances shall a child be placed in the same cell with an 420 adult. 421 Section 8. This act shall take effect July 1, 2016.