Florida Senate - 2022 SB 7040 By the Committee on Appropriations 576-02924-22 20227040__ 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 the adjudicatory 10 hearing is completed; requiring a court to conduct a 11 hearing within a specified timeframe if a child has 12 served longer than a specified number of days on 13 supervised release detention care; prohibiting a child 14 from being held in secure detention care for longer 15 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 or 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 the 58 adjudicatory hearing is completed. However, if a child has 59 served 75 days on supervised release detention care, the court 60 must conduct a hearing within 15 days, excluding Saturdays, 61 Sundays, and legal holidays, to determine the need for continued 62 supervised release detention care. At the hearing, upon good 63 cause being shown that the nature of the charge requires 64 additional time for the prosecution or defense of the case or 65 upon consideration of the totality of the circumstances, 66 including the preservation of public safety, which may warrant 67 an extension, the court may order the child to remain on 68 supervised release detention care until the adjudicatory hearing 69 is completed. 70 2.Except as provided in paragraph (b) or paragraph (c), a 71 child may not be held in secure detention care under a special 72 detention order for more than 21 days unless an adjudicatory 73 hearing for the case has been commenced in good faith by the 74 court. 75 3.This section does not prohibit a court from 76 transitioning a child between secure detention care and 77 supervised release detention care, including electronic 78 monitoring, if the court finds that such placement is necessary 79 to preserve public safety or to ensure the childs safety, 80 appearance in court, or compliance with any condition of 81 supervised release detention care. Each period of secure 82 detention care counts toward the time limitation in this 83 paragraph, whether served consecutively or nonconsecutively. 84 (b)Upon good cause being shown that the nature of the 85 charge requires additional time for the prosecution or defense 86 of the case or upon the totality of the circumstances, including 87 the preservation of public safety, warranting an extension, the 88 court may extend the length of secure detention care for up to 89 21 an additional 9 days if the child is charged with an offense 90 that would be, if committed by an adult, would be a capital 91 felony, a life felony, a felony of the first or second degree, 92 or a felony of the third second degree involving violence 93 against any individual. The court may continue to extend the 94 period of secure detention care in increments of up to 21 days 95 by conducting a hearing before the expiration of the current 96 period, excluding Saturdays, Sundays, and legal holidays, to 97 determine the need for continuing the secure detention care of 98 the child. At the hearing, the court must make the required 99 findings in writing to extend the period of secure detention 100 care. If the court extends the time period for secure detention 101 care, it must ensure that an adjudicatory hearing for the case 102 commences as soon as reasonably possible considering the 103 totality of the circumstances, and it must prioritize the 104 efficient disposition of those cases in which the child has 105 served 60 or more days in secure detention care. 106 (c)A prolific juvenile offender under s. 985.255(1)(f) 107 shall be placed on supervised release detention care with 108 electronic monitoring or in secure detention care under a 109 special detention order until disposition. If secure detention 110 care is ordered by the court, it must be authorized under this 111 part and may not exceed: 112 1.Twenty-one days unless an adjudicatory hearing for the 113 case has been commenced in good faith by the court or the period 114 is extended by the court pursuant to paragraph (b); or 115 2.Fifteen days after the entry of an order of 116 adjudication. 117 118 As used in this paragraph, the term disposition means a 119 declination to file under s. 985.15(1)(h), the entry of nolle 120 prosequi for the charges, the filing of an indictment under s. 121 985.56 or an information under s. 985.557, a dismissal of the 122 case, or an order of final disposition by the court. 123 (d)A prolific juvenile offender under s. 985.255(1)(f) who 124 is taken into custody for a violation of the conditions of his 125 or her supervised release detention must be held in secure 126 detention until a detention hearing is held. 127 (3)Except as provided in subsection (2), a child may not 128 be held in detention care for more than 15 days following the 129 entry of an order of adjudication. 130 (4)(a)The time limits in subsections (2) and (3) do not 131 include periods of delay resulting from a continuance granted by 132 the court for cause on motion of the child or his or her counsel 133 or of the state. Upon the issuance of an order granting a 134 continuance for cause on a motion by either the child, the 135 childs counsel, or the state, the court shall conduct a hearing 136 at the end of each 72-hour period, excluding Saturdays, Sundays, 137 and legal holidays, to determine the need for continued secure 138 detention of the child and the need for further continuance of 139 proceedings for the child or the state. 140 (b)Any The period of for supervised release detention care 141 under this section is tolled on the date that the department or 142 a law enforcement officer alleges that the child has violated a 143 condition of the childs supervised release detention care until 144 the court enters a ruling on the violation. Notwithstanding the 145 tolling of supervised release detention care, the court retains 146 jurisdiction over the child for a violation of a condition of 147 supervised release detention care during the tolling period. If 148 the court finds that a child has violated his or her supervised 149 release detention care, the number of days that the child served 150 in any type of detention care before commission of the violation 151 shall be excluded from the time limits under subsections (2) and 152 (3). 153 (5)A child who was not in secure detention at the time of 154 the adjudicatory hearing, but for whom residential commitment is 155 anticipated or recommended, may be placed under a special 156 detention order for a period not to exceed 72 hours, excluding 157 weekends and legal holidays, for the purpose of conducting a 158 comprehensive evaluation as provided in s. 985.185. Motions for 159 the issuance of such special detention order may be made 160 subsequent to a finding of delinquency. Upon said motion, the 161 court shall conduct a hearing to determine the appropriateness 162 of such special detention order and shall order the least 163 restrictive level of detention necessary to complete the 164 comprehensive evaluation process that is consistent with public 165 safety. Such special detention order may be extended for an 166 additional 72 hours upon further order of the court. 167 (6)If a child is detained and a petition for delinquency 168 is filed, the child must shall be arraigned in accordance with 169 the Florida Rules of Juvenile Procedure within 48 hours after 170 the filing of the petition for delinquency. 171 (7)Any electronic monitoring ordered by a court as a 172 condition of supervised release detention care pursuant to this 173 section may be supervised by the department, a law enforcement 174 agency, or the department and a law enforcement agency working 175 in partnership. However, this subsection does not require a law 176 enforcement agency to supervise a child placed on electronic 177 monitoring. 178 Section 3.This act shall take effect July 1, 2022.