Bill Text: FL S0288 | 2018 | Regular Session | Introduced

---

Bill Title: Data Collection on Direct Filing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Criminal Justice [S0288 Detail]

Download: Florida-2018-S0288-Introduced.html

---

       Florida Senate - 2018                                     SB 288
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00242-18                                            2018288__
    1                        A bill to be entitled                      
    2         An act relating to data collection on direct filing;
    3         amending s. 985.557, F.S.; requiring the Department of
    4         Juvenile Justice to begin collecting on a certain date
    5         specified information relating to children who qualify
    6         for prosecution as adults and for children who are
    7         transferred to adult court for criminal prosecution;
    8         requiring the department to work with the Office of
    9         Program Policy Analysis and Government Accountability
   10         to generate a report analyzing the data on juveniles
   11         transferred for criminal prosecution as adults during
   12         a certain period; requiring the department to provide
   13         the report to the Governor and the Legislature by a
   14         certain date; requiring the department to work with
   15         the Office of Program Policy Analysis and Government
   16         Accountability to generate an annual report that
   17         includes certain information, and to provide the
   18         report to the Governor and the Legislature by a
   19         specified date; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (5) is added to section 985.557,
   24  Florida Statutes, to read:
   25         985.557 Direct filing of an information; discretionary and
   26  mandatory criteria.—
   27         (5) DATA COLLECTION RELATING TO DIRECT FILE.—
   28         (a) Beginning March 1, 2019, the department shall collect
   29  data relating to children who qualify to be prosecuted as adults
   30  under s. 985.556 and this section regardless of the outcome of
   31  the case, including, but not limited to:
   32         1. Age.
   33         2. Race and ethnicity.
   34         3. Gender.
   35         4. Circuit and county of residence.
   36         5. Circuit and county of offense.
   37         6. Prior adjudications or adjudications withheld.
   38         7. Prior periods of probation, including any violations of
   39  probation.
   40         8. Previous contacts with law enforcement agencies or the
   41  court which resulted in a civil citation, arrest, or charges
   42  being filed with the state.
   43         9. Initial charges.
   44         10. Charges at disposition.
   45         11. Whether child codefendants were involved who were
   46  transferred to adult court.
   47         12. Whether the child was represented by counsel or whether
   48  the child waived counsel.
   49         13. Risk assessment instrument score.
   50         14. The child’s medical, mental health, substance abuse, or
   51  trauma history.
   52         15. The child’s history of mental impairment or disability
   53  related accommodations.
   54         16. The child’s history of abuse or neglect.
   55         17. The child’s history of foster care placements,
   56  including the number of prior placements.
   57         18. Whether the child has below-average intellectual
   58  functioning.
   59         19. Whether the child has received mental health services
   60  or treatment.
   61         20. Whether the child has been the subject of a child-in
   62  need-of-services or families-in-need-of-services petition or a
   63  dependency petition.
   64         21. Whether the child was transferred for criminal
   65  prosecution as an adult, and if transferred, the provision of
   66  this section under which the prosecution is proceeding or
   67  proceeded.
   68         22. The case resolution in juvenile court.
   69         23. The case resolution in adult court.
   70         (b) Beginning March 1, 2019, for a child transferred for
   71  criminal prosecution as an adult, the department shall also
   72  collect:
   73         1. Disposition data, including, but not limited to, whether
   74  the child received adult sanctions, juvenile sanctions, or
   75  diversion and, if sentenced to prison, the length of the prison
   76  sentence or the enhanced sentence; and
   77         2. Whether the child was previously found incompetent to
   78  proceed in juvenile court.
   79         (c) For every juvenile case transferred to adult court
   80  between July 1, 2017, and June 30, 2018, the department shall
   81  work with the Office of Program Policy Analysis and Government
   82  Accountability to generate a report analyzing the data in
   83  paragraphs (a) and (b). The department must provide this report
   84  to the Governor, the President of the Senate, and the Speaker of
   85  the House of Representatives by January 31, 2019.
   86         (d) The department shall work with the Office of Program
   87  Policy Analysis and Government Accountability to generate a
   88  report analyzing the aggregated data collected under paragraphs
   89  (a) and (b) on an annual basis. The department must provide this
   90  report annually to the Governor, the President of the Senate,
   91  and the Speaker of the House of Representatives no later than
   92  January 31 of the following calendar year.
   93         Section 2. This act shall take effect July 1, 2018.