The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 7040
INTRODUCER: For consideration by Appropriations Committee
SUBJECT: Time Limitations for Preadjudicatory Juvenile Detention Care
DATE: February 9, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
Stokes Harkness ACJ Discussed
Atchley Sadberry Favorable
I. Summary:
SB 7040 amends s. 985.24, F.S., providing that the court may order a child placed on supervised
release detention care to comply with any condition established by the Department of Juvenile
Justice (DJJ) or ordered by the court, including electronic monitoring, when the court finds such
condition necessary to preserve public safety or to ensure the child’s safety or appearance in
court.
The bill authorizes a court to order a child be placed on supervised release detention care for any
time period until an adjudicatory hearing for the case has been completed. If a child has served
75 days on supervised release detention care, the court must conduct a hearing to determine if
continued supervised release detention care is warranted.
The bill specifies that, except in specified circumstances, a child may not be held in secure
detention for longer than 21 days unless an adjudicatory hearing has been completed. Under
current law, a child generally may not be held in secure or supervised release detention care for
longer than 21 days, except in specified circumstances.
Additionally, the bill provides that the court may transition a child between secure detention care
and supervised release detention care, including electronic monitoring, if the court finds such
placement is necessary. Each period of secure detention care counts toward the 21 day time
limitation, whether served consecutively or nonconsecutively.
Currently, upon a showing of good cause that additional time for the prosecution or defense is
needed, the court may extend the length of detention for an additional 9 days, for specified
offenses. The bill authorizes a court to also extend the length of detention based upon the totality
of the circumstances, including the preservation of public safety, warranting an extension.
Additionally, the bill increases the length of such extension from 9 days to up to 21 days. The
bill expands the list of specified offenses to include:
Any second degree felony; and
REVISED: BILL: SB 7040 Page 2
A third degree felony involving violence against any individual.
The court may continue to extend the period of secure detention in increments of up to 21 days
by conducting a hearing before the expiration of the current period, excluding Saturdays,
Sundays, and legal holidays. At such hearing the court must make required written findings. If
the court extends the time period of secure detention care, it must ensure that an adjudicatory
hearing for the case commences as soon as is reasonably possible and prioritize the efficient
disposition of those cases in which the child has served 60 or more days in secure detention care.
The bill provides that any period of supervised release detention care must be excluded from the
time limits for detention care. The bill removes language contained in s. 985.26(4)(b), F.S.,
relating to the tolling of supervised release detention care because this language becomes
obsolete with the changes made to this section by the bill.
Any electronic monitoring ordered by a court as a condition of supervised release detention care
may be supervised by the DJJ, a law enforcement agency, or the department and a law
enforcement agency working in partnership. However, the bill specifies that it does not require a
law enforcement agency to supervise a child placed on electronic monitoring.
This bill may have an indeterminate bed impact on the DJJ. See section V. Fiscal Impact
Statement.
This bill is effective July 1, 2022.
II. Present Situation:
Detention of Children in Florida
Intake and Assessment
Every child under the age of 18 charged with a crime in Florida is referred to the DJJ.
1
Intake
and screening services for a child referred to the DJJ are performed at a Juvenile Assessment
Center.
2
The purpose of the intake process is to assess the child’s needs and risks and to
determine the most appropriate treatment plan and setting for the child.
3
Once a child is in the
custody of the DJJ, the DJJ determines whether detention care is appropriate.
4
The DJJ makes an
initial decision regarding detention care placement using the “Detention Risk Assessment
Instrument.”
5
The DJJ serves as the primary case manager responsible for managing,
coordinating, and monitoring services provided to the child.
6
1
A referral is similar to an arrest in the adult criminal justice system. See the DJJ, Probation and Community Intervention,
Overview, available at http://www.djj.state.fl.us/services/probation (last visited January 28, 2022).
2
Section 985.135(4), F.S.
3
Section 985.14(2), F.S. The intake process consists of a preliminary screening and may be followed by a comprehensive
assessment, consisting of a full mental health, cognitive impairment, substance abuse, or psychosexual evaluation.
4
Section 985.25(1), F.S.
5
Sections 985.25(1) and 985.245, F.S. Section 985.245, F.S., outlines with whom the Detention Risk Assessment Instrument
must be developed, when and how it must be updated, and what factors the assessment instrument should identify when
evaluating a child to determine whether detention placement is appropriate.
6
Section 985.145(1), F.S. BILL: SB 7040 Page 3
A child is entitled to a detention hearing within 24 hours of being taken into custody or placed in
detention care. At the hearing, the court may order continued detention care under certain
circumstances.
7
“Detention care” means “the temporary care of a child in secure, or supervised
release detention, pending a court adjudication or disposition or execution of a court order.”
8
There are two types of detention care, including:
“Secure detention” which is the temporary custody of a child while he or she is under the
physical restriction of a secure detention center or facility pending adjudication, disposition,
or placement.
“Supervised release detention” which is the temporary, no secure custody of a child while the
child is released to the custody of a parent, guardian, or custodian in a physically
nonrestrictive environment under the supervision of department staff pending adjudication or
disposition, through programs that include, but are not limited to, electronic monitoring, day
reporting centers, and nonsecure shelters, in addition to other court-imposed requirements.
9
The use of detention care must be based primarily on findings that the child:
Presents a substantial risk of not appearing at a subsequent hearing;
Presents a substantial risk of inflicting bodily harm on others as evidenced by recent
behavior, including the illegal possession of a firearm;
Presents a history of committing a property offense prior to adjudication, disposition, or
placement;
Has committed contempt of court by: intentionally disrupting the administration of the court;
intentionally disobeying a court order; or engaging in a punishable act or speech in the
court’s presence which shows disrespect for the authority and dignity of the court; or
Requests protection from imminent bodily harm.
10
Additionally, the use of detention care may not be used for the following reasons:
To allow a parent to avoid his or her legal responsibility;
To permit more convenient administrative access to the child;
To facilitate further interrogation or investigation; or
Due to a lack of more appropriate facilities.
11
Generally, a child may not be held in detention care for more than 21 days, unless an
adjudicatory hearing for the case has been commenced in good faith by the court. The court may
extend the length of detention for an additional 9 days if there is good cause shown that the
nature of the charge requires additional time for the prosecution or defense of the case and the
child is charged with one of the following offenses:
Capital felony;
Life felony;
First degree felony; or
7
Section 985.255(1), F.S.
8
Section 985.03(18), F.S.
9
Id.
10
Section 985.24(1), F.S.
11
Section 985.24(2), F.S. BILL: SB 7040 Page 4
Second degree felony involving violence against any individual.
12
A prolific juvenile offender
13
must be placed on supervised release detention care with electronic
monitoring or in secure detention care under a special detention order.
14
If secure detention care
is ordered by the court for a prolific juvenile offender, such secure detention care must not
exceed 21 days unless an adjudicatory hearing for the case has been commenced in good faith, or
secure detention care is extended for 9 days as described above.
15
The time limitations on detention care do not include periods of delay resulting from a
continuance granted by the court. Upon an order granting a continuance, the court must conduct
a hearing at the end of each 72- hour period to determine the need for continued detention.
16
The period of supervised release detention care is tolled upon the allegation that a child has
violated his or her supervised release detention. This period remains tolled until the court makes
a ruling on the alleged violation. If the court finds the child in violation, the number of day the
child has served on any type of detention before the violation is excluded from the time
limitations described above.
17
Cost Sharing of Detention Care
Cost sharing is governed by s. 985.6865, F.S., which provides that each fiscal year, the DJJ must
calculate and provide to every county that is not fiscally constrained
18
and that does not provide
its own detention care, its annual percentage share.
19
The DJJ calculates a county’s annual percentage share by dividing the total number of detention
days for children residing in the non-fiscally constrained county for the most recently completed
12-month period by the total number of detention days for children in all non-fiscally constrained
counties. The county must pay 50 percent of the annual percentage share in 12 equal payments,
due on the first day of each month.
20
Counties that are required to pay their share of detention costs must incorporate sufficient funds
to pay its share of detention costs into its annual budget.
21
Funds paid by the counties to the DJJ
12
Section 985.26, F.S.
13
Section 985.255, F.S., provides that a “prolific juvenile offender” means a child that is charged with a delinquent act that
would be a felony if committed by an adult, has a prior adjudication or adjudication withheld for a delinquent act that would
be a felony if committed by an adult, and has 5 or more arrests, adjudications, or adjudications withheld, 3 of which must
have been felony offenses.
14
Section 985.26, F.S.
15
Section 985.26(2)(c), F.S.
16
Section 985.26(4)(a), F.S.
17
Section 985.26(4)(b), F.S.
18
Section 985.6865(1)(b), F.S., defines “fiscally constrained county” as a county within a rural area of opportunity as
designated by the Governor pursuant to s. 288.0656, F.S., or each county for which the value of a mill will raise no more than
$5 million in revenue, based on the certified school taxable value certified pursuant to s. 1011.62(4)(a)1.a., F.S., from the
previous July 1.
19
Section 985.6865(2), F.S.
20
Id.
21
Section 985.6865(4), F.S. BILL: SB 7040 Page 5
under this section must be deposited into the Shared County/State Juvenile Detention Trust
Fund.
22
The DJJ will determine quarterly whether counties are complying with this section.
23
The State must pay all costs of detention care for children:
Residing in a fiscally constrained county.
Residing out of State.
Housed in state detention centers from counties that provide their own detention care for
children.
24
III. Effect of Proposed Changes:
The bill amends s. 985.24, F.S., providing that the court may order a child placed on supervised
release detention care to comply with any condition established by the department or ordered by
the court, including electronic monitoring, when the court finds such condition necessary to
preserve public safety or to ensure the child’s safety or appearance in court.
The bill amends s. 985.26, F.S., providing that the court may order a child be placed on
supervised release detention care for any time period until an adjudicatory hearing for the case
has been completed. If a child has served 75 days on supervised release detention care, the court
must conduct a hearing within 15 days, excluding Saturdays, Sundays, and legal holidays, to
determine the need for continued supervised release detention care. At such hearing, the court
may order the child to remain on supervised release detention care until an adjudicatory hearing
has been completed, upon:
Good cause being shown that the nature of the charge requires additional time for the
prosecution or defense of the case; or
Consideration of the totality of the circumstances, including the preservation of public safety.
The bill specifies that, except in specified circumstances, a child may not be held in secure
detention for longer than 21 days unless an adjudicatory hearing has been commenced. Under
current law, a child generally may not be held in secure or supervised release detention care for
longer than 21 days, except in specified circumstances.
Additionally, the bill provides that the court may transition a child between secure detention care
and supervised release detention care, including electronic monitoring, if the court finds such
placement is necessary to:
Preserve public safety;
Ensure the child’s safety;
Ensure appearance in court; or
Ensure compliance with any condition of supervised release detention care.
Each period of secure detention care counts toward the 21 day time limitation, whether served
consecutively or nonconsecutively.
22
Section 985.6865(5), F.S.
23
Section 985.6865(6), F.S.
24
Section 985.6865(3), F.S. BILL: SB 7040 Page 6
Currently, upon a showing of good cause that additional time for the prosecution or defense is
needed, the court may extend the length of detention for an additional 9 days, for specified
offenses. The bill authorizes a court to also extend the length of detention based upon the totality
of the circumstances, including the preservation of public safety, warranting an extension.
Additionally, the bill increases the length of such extension from 9 days to up to 21 days. The
bill expands the list of specified offenses to include:
Any second degree felony; and
A third degree felony involving violence against any individual.
The court may continue to extend the period of secure detention in increments of up to 21 days
by conducting a hearing before the expiration of the current period, excluding Saturdays,
Sundays, and legal holidays. At such hearing the court must make required findings in writing. If
the court extends the time period of secure detention care, it must ensure that an adjudicatory
hearing for the case commences as soon as is reasonably possible considering the totality of the
circumstances. The court must prioritize the efficient disposition of those cases in which the
child has served 60 or more days in secure detention care.
The bill provides that any period of supervised release detention care must be excluded from the
time limits for detention care. The bill removes language contained in s. 985.26(4)(b), F.S.,
relating to the tolling of supervised release detention care because this language becomes
obsolete with the changes made to this section by the bill.
Any electronic monitoring ordered by a court as a condition of supervised release detention care
may be supervised by the DJJ, a law enforcement agency, or the department and a law
enforcement agency working in partnership. However, the bill specifies that it does not require a
law enforcement agency to supervise a child placed on electronic monitoring.
This bill is effective July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
This bill appears to be exempt from the requirements of Article VII, Section 18 of the
Florida Constitution because it is a criminal law.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: SB 7040 Page 7
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The overall impact of the bill on DJJ is indeterminate. There may be a positive
indeterminate bed impact (unquantifiable increase in the need for secure detention beds)
on the DJJ due to the increase in the number of children who may be held in secure
detention for longer periods of time. This bed impact may be partially offset by the
reduction in detention bed needs due to the use of supervised release detention. There
may also be a positive workload impact on the DJJ due to the extended period of
supervision under supervised release detention. It is unclear whether the fiscal impact due
to the longer permissible period of secure detention will be offset by the court’s ability to
transfer a child from secure to supervised release detention. The bill may also increase
the demand for electronic monitoring.
Additionally, all non-fiscally constrained counties pay for half of their prior year actual
detention casts. More children detained in detention care would mean higher cost to the
counties to pay for their detention care.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 985.24 and 985.26.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None. BILL: SB 7040 Page 8
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.