Florida Senate - 2022 (PROPOSED BILL) SPB 7040 FOR CONSIDERATION By the Committee on Appropriations 576-02039C-22 20227040pb 1 A bill to be entitled 2 An act relating to time limitations for 3 preadjudicatory juvenile detention care; amending s. 4 985.24, F.S.; authorizing a court to order a child 5 placed on supervised release detention care to comply 6 with specified conditions under certain circumstances; 7 amending s. 985.26, F.S.; authorizing a court to order 8 that a child be placed on supervised release detention 9 care for any time period until an adjudicatory hearing 10 for the case has been commenced; requiring a court to 11 conduct a hearing within a specified timeframe if a 12 child has served longer than a specified number of 13 days on supervised release detention care; prohibiting 14 a child from being held in secure detention care for 15 longer than a certain time period under certain 16 circumstances; authorizing a court to extend the 17 length of secure detention care for an increased 18 amount of days under specified circumstances; 19 authorizing a court to continue to extend the time 20 period for secure detention care under specified 21 circumstances; requiring a court to make specified 22 findings; requiring a court to conduct a hearing to 23 determine the continued need for secure detention care 24 under specified circumstances; revising provisions 25 relating to supervised release detention care and its 26 exclusion from specified time limitations; authorizing 27 certain electronic monitoring ordered by a court to be 28 supervised by the Department of Juvenile Justice or a 29 law enforcement agency, or both; providing 30 construction; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1.Present subsections (2), (3), and (4) of section 35 985.24, Florida Statutes, are redesignated as subsections (3), 36 (4), and (5), respectively, and a new subsection (2) is added to 37 that section, to read: 38 985.24Use of detention; prohibitions. 39 (2)The court may order a child placed on supervised 40 release detention care to comply with any condition established 41 by the department and ordered by the court, including electronic 42 monitoring, when the court finds such condition necessary to 43 preserve public safety or to ensure the childs safety or 44 appearance in court. 45 Section 2.Section 985.26, Florida Statutes, is amended to 46 read: 47 985.26Length of detention. 48 (1)A child may not be placed into or held in detention 49 care for longer than 24 hours unless the court orders such 50 detention care, and the order includes specific instructions 51 that direct the release of the child from such detention care, 52 in accordance with s. 985.255. The order shall be a final order, 53 reviewable by appeal under s. 985.534 and the Florida Rules of 54 Appellate Procedure. Appeals of such orders shall take 55 precedence over other appeals and other pending matters. 56 (2)(a)1.A court may order that a child be placed on 57 supervised release detention care for any time period until an 58 adjudicatory hearing for the case has been commenced in good 59 faith by the court. However, if a child has served 75 days on 60 supervised release detention care, the court must conduct a 61 hearing within 15 days, excluding Saturdays, Sundays, and legal 62 holidays, to determine the need for continued supervised release 63 detention care. At the hearing, upon good cause being shown that 64 the nature of the charge requires additional time for the 65 prosecution or defense of the case or upon consideration of the 66 totality of the circumstances, including the preservation of 67 public safety, which may warrant an extension, the court may 68 order the child to remain on supervised release detention care 69 until an adjudicatory hearing has been commenced in good faith 70 by the court. 71 2.Except as provided in paragraph (b) or paragraph (c), a 72 child may not be held in secure detention care under a special 73 detention order for more than 21 days unless an adjudicatory 74 hearing for the case has been commenced in good faith by the 75 court. 76 3.This section does not prohibit a court from 77 transitioning a child between secure detention care and 78 supervised release detention care, including electronic 79 monitoring, if the court finds that such placement is necessary 80 to preserve public safety or to ensure the childs safety, 81 appearance in court, or compliance with any condition of 82 supervised release detention care. Each period of secure 83 detention care counts toward the time limitation in this 84 paragraph, whether served consecutively or nonconsecutively. 85 (b)Upon good cause being shown that the nature of the 86 charge requires additional time for the prosecution or defense 87 of the case or upon the totality of the circumstances, including 88 the preservation of public safety, warranting an extension, the 89 court may extend the length of secure detention care for up to 90 21 an additional 9 days if the child is charged with an offense 91 that would be, if committed by an adult, would be a capital 92 felony, a life felony, a felony of the first or second degree, 93 or a felony of the third second degree involving violence 94 against any individual. The court may continue to extend the 95 period of secure detention care in increments of up to 21 days 96 by conducting a hearing before the expiration of the current 97 period, excluding Saturdays, Sundays, and legal holidays, to 98 determine the need for continuing the secure detention care of 99 the child. At the hearing, the court must make the required 100 findings on the record to extend the period of secure detention 101 care. If the court extends the time period for secure detention 102 care, it must ensure that an adjudicatory hearing for the case 103 commences as soon as reasonably possible considering the 104 totality of the circumstances, and it must prioritize the 105 efficient disposition of those cases in which the child has 106 served 60 or more days in secure detention care. 107 (c)A prolific juvenile offender under s. 985.255(1)(f) 108 shall be placed on supervised release detention care with 109 electronic monitoring or in secure detention care under a 110 special detention order until disposition. If secure detention 111 care is ordered by the court, it must be authorized under this 112 part and may not exceed: 113 1.Twenty-one days unless an adjudicatory hearing for the 114 case has been commenced in good faith by the court or the period 115 is extended by the court pursuant to paragraph (b); or 116 2.Fifteen days after the entry of an order of 117 adjudication. 118 119 As used in this paragraph, the term disposition means a 120 declination to file under s. 985.15(1)(h), the entry of nolle 121 prosequi for the charges, the filing of an indictment under s. 122 985.56 or an information under s. 985.557, a dismissal of the 123 case, or an order of final disposition by the court. 124 (d)A prolific juvenile offender under s. 985.255(1)(f) who 125 is taken into custody for a violation of the conditions of his 126 or her supervised release detention must be held in secure 127 detention until a detention hearing is held. 128 (3)Except as provided in subsection (2), a child may not 129 be held in detention care for more than 15 days following the 130 entry of an order of adjudication. 131 (4)(a)The time limits in subsections (2) and (3) do not 132 include periods of delay resulting from a continuance granted by 133 the court for cause on motion of the child or his or her counsel 134 or of the state. Upon the issuance of an order granting a 135 continuance for cause on a motion by either the child, the 136 childs counsel, or the state, the court shall conduct a hearing 137 at the end of each 72-hour period, excluding Saturdays, Sundays, 138 and legal holidays, to determine the need for continued secure 139 detention of the child and the need for further continuance of 140 proceedings for the child or the state. 141 (b)Any The period of for supervised release detention care 142 under this section is tolled on the date that the department or 143 a law enforcement officer alleges that the child has violated a 144 condition of the childs supervised release detention care until 145 the court enters a ruling on the violation. Notwithstanding the 146 tolling of supervised release detention care, the court retains 147 jurisdiction over the child for a violation of a condition of 148 supervised release detention care during the tolling period. If 149 the court finds that a child has violated his or her supervised 150 release detention care, the number of days that the child served 151 in any type of detention care before commission of the violation 152 shall be excluded from the time limits under subsections (2) and 153 (3). 154 (5)A child who was not in secure detention at the time of 155 the adjudicatory hearing, but for whom residential commitment is 156 anticipated or recommended, may be placed under a special 157 detention order for a period not to exceed 72 hours, excluding 158 weekends and legal holidays, for the purpose of conducting a 159 comprehensive evaluation as provided in s. 985.185. Motions for 160 the issuance of such special detention order may be made 161 subsequent to a finding of delinquency. Upon said motion, the 162 court shall conduct a hearing to determine the appropriateness 163 of such special detention order and shall order the least 164 restrictive level of detention necessary to complete the 165 comprehensive evaluation process that is consistent with public 166 safety. Such special detention order may be extended for an 167 additional 72 hours upon further order of the court. 168 (6)If a child is detained and a petition for delinquency 169 is filed, the child must shall be arraigned in accordance with 170 the Florida Rules of Juvenile Procedure within 48 hours after 171 the filing of the petition for delinquency. 172 (7)Any electronic monitoring ordered by a court as a 173 condition of supervised release detention care pursuant to this 174 section may be supervised by the department, a law enforcement 175 agency, or the department and a law enforcement agency working 176 in partnership. However, this subsection does not require a law 177 enforcement agency to supervise a child placed on electronic 178 monitoring. 179 Section 3.This act shall take effect July 1, 2022.