Bill Text: FL S2568 | 2010 | Regular Session | Introduced

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Bill Title: Criminal Prosecution of Juveniles [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S2568 Detail]

Download: Florida-2010-S2568-Introduced.html

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Florida Senate - 2010                                    SB 2568 
 
By Senator Smith 
29-01196-10                                           20102568__ 
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 
6         when a case against a juvenile should be recommended 
7         to the court to be transferred for criminal 
8         prosecution; providing criteria for consideration of a 
9         child’s request to an adult court to return a criminal 
10         case to the juvenile justice system; providing an 
11         effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Paragraph (c) is added to subsection (1) of 
16  section 985.557, Florida Statutes, subsection (4) of that 
17  section is amended, present subsection (5) of that section is 
18  redesignated as subsection (6) and amended, and a new subsection 
19  (5) is added to that section, to read: 
20         985.557 Direct filing of an information; discretionary and 
21  mandatory criteria.— 
22         (1) DISCRETIONARY DIRECT FILE.— 
23         (c) Except as provided in paragraph (b), the state attorney 
24  may file an information against a child otherwise eligible under 
25  this section if the child has prior felony or misdemeanor 
26  adjudications or adjudications withheld. 
27         (4) DIRECT-FILE CRITERIA POLICIES AND GUIDELINES.— 
28         (a) When a child is eligible to have an information filed 
29  by the state attorney under subsection (1), the state attorney 
30  shall use the following criteria to determine whether to file an 
31  information: 
32         1. The seriousness of the alleged offense and whether 
33  transferring the child is necessary for protection of the 
34  community, including: 
35         a. The recommendation of the department, through review and 
36  consideration of the recommendations of the department’s 
37  caseworker. 
38         b. The probable cause as found in the report, affidavit, or 
39  complaint, including: 
40         (I) Whether the alleged offense was committed in an 
41  aggressive, violent, premeditated, or willful manner. 
42         (II) Whether the alleged offense was against persons or 
43  against property, with greater weight being given to offenses 
44  against persons, especially if personal injury resulted. 
45         (III) The strength of the state’s evidence. 
46         c. The sophistication and maturity of the child. 
47         2. The record and previous history of the child, including: 
48         a. Previous contacts with the department, the Department of 
49  Corrections, the former Department of Health and Rehabilitative 
50  Services, the Department of Children and Family Services, other 
51  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, the 
59  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 has 
81  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.