Bill Amendment: FL H7029 | 2022 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Time Limitations for Preadjudicatory Juvenile Detention Care
Status: 2022-06-09 - Chapter No. 2022-181 [H7029 Detail]
Download: Florida-2022-H7029-Senate_Floor_Amendment_849842.html
Bill Title: Time Limitations for Preadjudicatory Juvenile Detention Care
Status: 2022-06-09 - Chapter No. 2022-181 [H7029 Detail]
Download: Florida-2022-H7029-Senate_Floor_Amendment_849842.html
Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for HB 7029 Ì849842@Î849842 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 83 - 148 4 and insert: 5 involving a weapon usedviolenceagainst anotheranyindividual. 6 The court may continue to extend the period of secure detention 7 care in increments of up to 21 days each by conducting a hearing 8 before the expiration of the current period to determine the 9 need for continued secure detention of the child. At the 10 hearing, the court shall make the required findings in writing 11 to extend the period of secure detention. If the court extends 12 the time period for secure detention care, it must ensure an 13 adjudicatory hearing for the case commences as soon as is 14 reasonably possible considering the totality of the 15 circumstances. The court shall prioritize the efficient 16 disposition of cases in which the child has served 60 or more 17 days in secure detention care. 18 (c) A prolific juvenile offender under s. 985.255(1)(f) 19 shall be placed on supervised release detention care with 20 electronic monitoring or in secure detention care under a 21 special detention order until disposition. If secure detention 22 care is ordered by the court, it must be authorized under this 23 part and may not exceed: 24 1. Twenty-one days unless an adjudicatory hearing for the 25 case has been commenced in good faith by the court or the period 26 is extended by the court pursuant to paragraph (b); or 27 2. Fifteen days after the entry of an order of 28 adjudication. 29 30 As used in this paragraph, the term “disposition” means a 31 declination to file under s. 985.15(1)(h), the entry of nolle 32 prosequi for the charges, the filing of an indictment under s. 33 985.56 or an information under s. 985.557, a dismissal of the 34 case, or an order of final disposition by the court. 35 (d) A prolific juvenile offender under s. 985.255(1)(f) who 36 is taken into custody for a violation of the conditions of his 37 or her supervised release detention must be held in secure 38 detention until a detention hearing is held. 39 (3) Except as provided in subsection (2), a child may not 40 be held in detention care for more than 15 days afterfollowing41 the entry of an order of adjudication. 42 (4)(a)The time limits in subparagraph (2)(a)2.subsections43(2)and subsection (3) do not include periods of delay resulting 44 from a continuance granted by the court for cause on motion of 45 the child or his or her counsel or of the state. Upon the 46 issuance of an order granting a continuance for cause on a 47 motion by either the child, the child’s counsel, or the state, 48 the court shall conduct a hearing at the end of each 72-hour 49 period, excluding Saturdays, Sundays, and legal holidays, to 50 determine the need for continued secure detention of the child 51 and the need for further continuance of proceedings for the 52 child or the state. 53(b)The period for supervised release detention care under54this section is tolled on the date that the department or a law55enforcement officer alleges that the child has violated a56condition of the child’s supervised release detention care until57the court enters a ruling on the violation. Notwithstanding the58tolling of supervised release detention care, the court retains59jurisdiction over the child for a violation of a condition of60supervised release detention care during the tolling period. If61the court finds that a child has violated his or her supervised62release detention care, the number of days that the child served63in any type of detention care before commission of the violation64shall be excluded from the time limits under subsections (2) and65(3).66 (7) Any electronic monitoring ordered by a court as a 67 condition of supervised release detention care under this 68 section may be supervised by the department, a law enforcement 69 agency, or the department and a law enforcement agency working 70 in partnership. However, this subsection does not require a law 71 enforcement agency to supervise a child placed on electronic 72 monitoring, and it does not authorize a law enforcement agency 73 to charge a child, or a child’s parent or guardian, for 74 electronic 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete line 23 79 and insert: 80 electronic monitoring; providing construction; 81 providing an effective date.