Bill Text: FL H1245 | 2010 | Regular Session | Introduced

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Bill Title: Criminal Prosecution of Juveniles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Public Safety & Domestic Security Policy (CCJP) [H1245 Detail]

Download: Florida-2010-H1245-Introduced.html

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HB 1245

1	A bill to be entitled
2	An act relating to criminal prosecution of juveniles;
3	amending s. 985.557, F.S.; providing additional
4	circumstances for the direct filing of charges against
5	certain juveniles; providing criteria for determining when
6	a case against a juvenile should be recommended to the
7	court to be transferred for criminal prosecution;
8	providing criteria for consideration of a child's request
9	to an adult court to return a criminal case to the
10	juvenile justice system; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Paragraph (c) is added to subsection (1) of
15	section 985.557, Florida Statutes, subsection (4) of that
16	section is amended, present subsection (5) of that section is
17	redesignated as subsection (6) and amended, and a new subsection
18	(5) is added to that section, to read:
19	985.557 Direct filing of an information; discretionary and
20	mandatory criteria.-
21	(1) DISCRETIONARY DIRECT FILE.-
22	(c) Except as provided in paragraph (b), the state
23	attorney may file an information against a child otherwise
24	eligible under this section if the child has prior felony or
25	misdemeanor adjudications or adjudications withheld.
26	(4) DIRECT-FILE CRITERIA POLICIES AND GUIDELINES.-
27	(a) When a child is eligible to have an information filed
28	by the state attorney under subsection (1), the state attorney
29	shall use the following criteria to determine whether to file an
30	information:
31	1. The seriousness of the alleged offense and whether
32	transferring the child is necessary for protection of the
33	community, including:
34	a. The recommendation of the department, through review
35	and consideration of the recommendations of the department's
36	caseworker.
37	b. The probable cause as found in the report, affidavit,
38	or complaint, including:
39	(I) Whether the alleged offense was committed in an
40	aggressive, violent, premeditated, or willful manner.
41	(II) Whether the alleged offense was against persons or
42	against property, with greater weight being given to offenses
43	against persons, especially if personal injury resulted.
44	(III) The strength of the state's evidence.
45	c. The sophistication and maturity of the child.
46	2. The record and previous history of the child,
47	including:
48	a. Previous contacts with the department, the Department
49	of Corrections, the former Department of Health and
50	Rehabilitative Services, the Department of Children and Family
51	Services, other law enforcement agencies, and courts.
52	b. Prior periods of probation.
53	c. Prior adjudications that the child committed a
54	delinquent act or violation of law, with greater weight being
55	given if the child has previously been found by a court to have
56	committed a delinquent act or violation of law involving
57	violence to persons.
58	d. Prior commitments to institutions of the department,
59	the Department of Corrections, or agencies under contract with
60	either of them.
61	e. Patterns of criminality or patterns of escalation.
62	3. The prospects for adequate protection of the public and
63	the likelihood of reasonable rehabilitation of the child, if the
64	child is found to have committed the alleged offense, by the use
65	of procedures, services, and facilities currently available to
66	the juvenile court.
67	4. Cost-effective alternatives available to divert the
68	child from the criminal and juvenile justice systems and offer
69	rehabilitative services for the child.
70	(b) If the state attorney files an information against a
71	child under this section, the state attorney shall file with the
72	court his or her written explanation, addressing the factors
73	listed in paragraph (a), as to why the child should be
74	transferred for criminal prosecution. Each state attorney shall
75	develop written policies and guidelines to govern determinations
76	for filing an information on a juvenile, to be submitted to the
77	Executive Office of the Governor, the President of the Senate,
78	and the Speaker of the House of Representatives not later than
79	January 1 of each year.
80	(5) REVERSE WAIVER.-Any child over whom the adult court
81	has obtained original jurisdiction may request, in writing, a
82	hearing to determine whether the child shall remain in adult
83	court. The adult court shall retain jurisdiction unless the
84	child proves by a preponderance of evidence all of the
85	following:
86	(a) The child could obtain services available in the
87	juvenile justice system that could lessen the possibility of the
88	child reoffending in the future.
89	(b) The child's best interests would be served by
90	prosecuting the case in juvenile court.
91	(c) The child could receive juvenile sanctions that would
92	provide adequate safety and protection for the community.
93	(d) The child is not charged with a felony that is
94	punishable by death or life imprisonment.
95	(e) The child has not previously been convicted and
96	sentenced as an adult.
97	(6)(5) CHARGES INCLUDED.-An information filed pursuant to
98	this section may include all charges that are based on the same
99	act, criminal episode, or transaction as the primary offenses.
100	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.