FL
Florida House Bill H7029

Florida 2022 Regular Session

Florida House Bill H7029 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to time limitations for 2
1616 preadjudicatory juvenile detention care; amending s. 3
1717 985.24, F.S.; authorizing a court to order a child on 4
1818 supervised release detention care to comply with 5
1919 specified conditions; authorizing a dependent child 6
2020 with an allegation of delinquency to be placed in 7
2121 secure detention care; amending s. 985.26, F.S.; 8
2222 authorizing a court to place a child on supervised 9
2323 release detention care for any time period; providing 10
2424 an exception; specifying the time period for which a 11
2525 court may order a child to be held in secure detention 12
2626 care under certain circumstances; authorizing a court 13
2727 to extend the time period for secure detentio n care 14
2828 under certain circumstances; requiring a court to make 15
2929 specified findings; requiring a court to conduct a 16
3030 hearing to determine the continued need for secure 17
3131 detention care in certain circumstances; revising time 18
3232 limitations resulting from a continua nce; removing 19
3333 provisions relating to supervised release detention 20
3434 care and its exclusion from specified time 21
3535 limitations; authorizing specified entities to conduct 22
3636 electronic monitoring; providing an effective date. 23
3737 24
3838 Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 26
5252 Section 1. Subsections (2) through (4) of section 985.24, 27
5353 Florida Statutes, are renumbered as subsections (3) through (5), 28
5454 respectively, a new subsection (2) is added to that section, and 29
5555 present subsection (3) is amended, to re ad: 30
5656 985.24 Use of detention; prohibitions. — 31
5757 (2) A child who is placed on supervised release detention 32
5858 care may be required to comply with any available condition 33
5959 established by the department or ordered by the court, including 34
6060 electronic monitoring, if the court finds such a condition is 35
6161 necessary to preserve public safety or to ensure the child's 36
6262 safety or appearance in court. 37
6363 (4)(3) A child who is alleged to be dependent under 38
6464 chapter 39, but who is not alleged to have committed a 39
6565 delinquent act or violation of law, may not, under any 40
6666 circumstances, be placed into secure detention care. 41
6767 Section 2. Subsections (2), (3), and (4) of section 42
6868 985.26, Florida Statutes, are amended, and subsection (7) is 43
6969 added to that section, to read: 44
7070 985.26 Length of detention.— 45
7171 (2)(a)1. A court may order a child to be placed on 46
7272 supervised release detention care for any time period until an 47
7373 adjudicatory hearing is completed. However, if a child has 48
7474 served 60 days on supervised release detention care, the court 49
7575 must conduct a hearing within 15 days after the 60th day, to 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 determine the need for continued supervised release detention 51
8989 care. At the hearing, and upon good cause being shown that the 52
9090 nature of the charge requires additional time for the 53
9191 prosecution or defen se of the case or the totality of the 54
9292 circumstances, including the preservation of public safety, 55
9393 warrant an extension, the court may order the child to remain on 56
9494 supervised release detention care until the adjudicatory hearing 57
9595 is completed. 58
9696 2. Except as provided in paragraph (b) or paragraph (c), a 59
9797 child may not be held in secure detention care under a special 60
9898 detention order for more than 21 days unless an adjudicatory 61
9999 hearing for the case has been commenced in good faith by the 62
100100 court. 63
101101 3. This section does not prohibit a court from 64
102102 transitioning a child to and from secure detention care and 65
103103 supervised release detention care, including electronic 66
104104 monitoring, when the court finds such a placement necessary, or 67
105105 no longer necessary, to preserve public sa fety or to ensure the 68
106106 child's safety, appearance in court, or compliance with a court 69
107107 order. Each period of secure detention care or supervised 70
108108 release detention care counts toward the time limitations in 71
109109 this subsection whether served consecutively or 72
110110 nonconsecutively. 73
111111 (b) Upon good cause being shown that the nature of the 74
112112 charge requires additional time for the prosecution or defense 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 of the case or the totality of the circumstances, including the 76
126126 preservation of public safety, warrant an extension , the court 77
127127 may extend the length of secure detention care for an additional 78
128128 up to an additional 21 9 days if the child is charged with an 79
129129 offense which that would be, if committed by an adult, would be 80
130130 a capital felony, a life felony, a felony of the first degr ee or 81
131131 the second degree, or a felony of the third second degree 82
132132 involving violence against any individual. The court may 83
133133 continue to extend the period of secure detention care in 84
134134 increments of up to 21 -days each by conducting a hearing before 85
135135 the expiration of the current period to determine the need for 86
136136 continued secure detention of the child. At the hearing, the 87
137137 court must make the required findings in writing to extend the 88
138138 period of secure detention. If the court extends the time period 89
139139 for secure detention care, it shall ensure an adjudicatory 90
140140 hearing for the case commences as soon as is reasonably possible 91
141141 considering the totality of the circumstances. The court shall 92
142142 prioritize the efficient disposition of cases in which the child 93
143143 has served 60 or more days in secure detention care. 94
144144 (c) A prolific juvenile offender under s. 985.255(1)(f) 95
145145 shall be placed on supervised release detention care with 96
146146 electronic monitoring or in secure detention care under a 97
147147 special detention order until disposition. If sec ure detention 98
148148 care is ordered by the court, it must be authorized under this 99
149149 part and may not exceed: 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 1. Twenty-one days unless an adjudicatory hearing for the 101
163163 case has been commenced in good faith by the court or the period 102
164164 is extended by the court purs uant to paragraph (b); or 103
165165 2. Fifteen days after the entry of an order of 104
166166 adjudication. 105
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168168 As used in this paragraph, the term "disposition" means a 107
169169 declination to file under s. 985.15(1)(h), the entry of nolle 108
170170 prosequi for the charges, the filing of an indictment under s. 109
171171 985.56 or an information under s. 985.557, a dismissal of the 110
172172 case, or an order of final disposition by the court. 111
173173 (d) A prolific juvenile offender under s. 985.255(1)(f) 112
174174 who is taken into cu stody for a violation of the conditions of 113
175175 his or her supervised release detention must be held in secure 114
176176 detention until a detention hearing is held. 115
177177 (3) Except as provided in subsection (2), a child may not 116
178178 be held in detention care for more than 15 da ys after following 117
179179 the entry of an order of adjudication. 118
180180 (4)(a) The time limits in subparagraph (2)(a)2. 119
181181 subsections (2) and subsection (3) do not include periods of 120
182182 delay resulting from a continuance granted by the court for 121
183183 cause on motion of the chil d or his or her counsel or of the 122
184184 state. Upon the issuance of an order granting a continuance for 123
185185 cause on a motion by either the child, the child's counsel, or 124
186186 the state, the court shall conduct a hearing at the end of each 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 72-hour period, excluding Satur days, Sundays, and legal 126
200200 holidays, to determine the need for continued secure detention 127
201201 of the child and the need for further continuance of proceedings 128
202202 for the child or the state. 129
203203 (b) The period for supervised release detention care under 130
204204 this section is tolled on the date that the department or a law 131
205205 enforcement officer alleges that the child has violated a 132
206206 condition of the child's supervised release detention care until 133
207207 the court enters a ruling on the violation. Notwithstanding the 134
208208 tolling of supervised release detention care, the court retains 135
209209 jurisdiction over the child for a violation of a condition of 136
210210 supervised release detention care during the tolling period. If 137
211211 the court finds that a child has violated his or her supervised 138
212212 release detention car e, the number of days that the child served 139
213213 in any type of detention care before commission of the violation 140
214214 shall be excluded from the time limits under subsections (2) and 141
215215 (3). 142
216216 (7) Any electronic monitoring ordered by a court as a 143
217217 condition of supervis ed release detention care under this 144
218218 section may be supervised by the department, a law enforcement 145
219219 agency, or the department and a law enforcement agency working 146
220220 in partnership. However, nothing in this subsection requires a 147
221221 law enforcement agency to supe rvise a child placed on electronic 148
222222 monitoring. 149
223223 Section 3. This act shall take effect July 1, 2022. 150