Bill Text: FL S2588 | 2010 | Regular Session | Introduced

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Bill Title: Juvenile Proceedings/Use of Restraints/Isolation [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S2588 Detail]

Download: Florida-2010-S2588-Introduced.html

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Florida Senate - 2010                                    SB 2588 
 
By Senator Siplin 
19-00305-10                                           20102588__ 
1                        A bill to be entitled 
2         An act relating to juvenile proceedings; amending s. 
3         985.35, F.S.; requiring the Department of Juvenile 
4         Justice to adopt rules governing the procedures that 
5         may be used to restrain a child upon his or her 
6         arrival at the courthouse; prohibiting the use of 
7         instruments of restraint on a child after the child 
8         arrives at the courthouse except in specified 
9         circumstances; prohibiting subjecting a child to 
10         extended periods of isolation; amending s. 985.483, 
11         F.S.; conforming a cross-reference; providing an 
12         effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Section 985.35, Florida Statutes, is amended to 
17  read: 
18         985.35 Adjudicatory hearings; withheld adjudications; 
19  orders of adjudication.— 
20         (1) The adjudicatory hearing must be held as soon as 
21  practicable after the petition alleging that a child has 
22  committed a delinquent act or violation of law is filed and in 
23  accordance with the Florida Rules of Juvenile Procedure; but 
24  reasonable delay for the purpose of investigation, discovery, or 
25  procuring counsel or witnesses shall be granted. If the child is 
26  being detained, the time limitations in s. 985.26(2) and (3) 
27  apply. The department shall adopt by rule procedures for 
28  restraining a child upon his or her arrival at the courthouse. 
29  The rules must prohibit the use of mechanical devices and 
30  unreasonable restraints. In addition, a child may not be subject 
31  to extended periods of isolation. 
32         (2) Adjudicatory hearings shall be conducted without a jury 
33  by the court, applying in delinquency cases the rules of 
34  evidence in use in criminal cases; adjourning the hearings from 
35  time to time as necessary; and conducting a fundamentally fair 
36  hearing in language understandable, to the fullest extent 
37  practicable, to the child before the court. 
38         (a) In a hearing on a petition alleging that a child has 
39  committed a delinquent act or violation of law, the evidence 
40  must establish the findings beyond a reasonable doubt. 
41         (b) The child is entitled to the opportunity to introduce 
42  evidence and otherwise be heard in the child’s own behalf and to 
43  cross-examine witnesses. 
44         (c) A child charged with a delinquent act or violation of 
45  law must be afforded all rights against self-incrimination. 
46  Evidence illegally seized or obtained may not be received to 
47  establish the allegations against the child. 
48         (3) Instruments of restraint, such as handcuffs, chains, 
49  irons, or straitjackets, may not be used on a child after his or 
50  her arrival at the courthouse unless the child: 
51         (a) Is likely to attempt to escape during a transfer or a 
52  hearing; 
53         (b) Is charged with a capital offense; or 
54         (c) Has a history of disruptive behavior and there is a 
55  likelihood that the child will cause bodily harm to himself, 
56  herself, or others. 
57         (4)(3) If the court finds that the child named in a 
58  petition has not committed a delinquent act or violation of law, 
59  it shall enter an order so finding and dismissing the case. 
60         (5)(4) If the court finds that the child named in the 
61  petition has committed a delinquent act or violation of law, it 
62  may, in its discretion, enter an order stating the facts upon 
63  which its finding is based but withholding adjudication of 
64  delinquency. 
65         (a) Upon withholding adjudication of delinquency, the court 
66  may place the child in a probation program under the supervision 
67  of the department or under the supervision of any other person 
68  or agency specifically authorized and appointed by the court. 
69  The court may, as a condition of the program, impose as a 
70  penalty component restitution in money or in kind, community 
71  service, a curfew, urine monitoring, revocation or suspension of 
72  the driver’s license of the child, or other nonresidential 
73  punishment appropriate to the offense, and may impose as a 
74  rehabilitative component a requirement of participation in 
75  substance abuse treatment, or school or other educational 
76  program attendance. 
77         (b) If the child is attending public school and the court 
78  finds that the victim or a sibling of the victim in the case was 
79  assigned to attend or is eligible to attend the same school as 
80  the child, the court order shall include a finding pursuant to 
81  the proceedings described in s. 985.455, regardless of whether 
82  adjudication is withheld. 
83         (c) If the court later finds that the child has not 
84  complied with the rules, restrictions, or conditions of the 
85  community-based program, the court may, after a hearing to 
86  establish the lack of compliance, but without further evidence 
87  of the state of delinquency, enter an adjudication of 
88  delinquency and shall thereafter have full authority under this 
89  chapter to deal with the child as adjudicated. 
90         (6)(5) If the court finds that the child named in a 
91  petition has committed a delinquent act or violation of law, but 
92  elects not to proceed under subsection (5) (4), the court it 
93  shall incorporate that finding in an order of adjudication of 
94  delinquency entered in the case, briefly stating the facts upon 
95  which the finding is made, and the court shall thereafter have 
96  full authority under this chapter to deal with the child as 
97  adjudicated. 
98         (7)(6) Except as the term “conviction” is used in chapter 
99  322, and except for use in a subsequent proceeding under this 
100  chapter, an adjudication of delinquency by a court with respect 
101  to any child who has committed a delinquent act or violation of 
102  law shall not be deemed a conviction; nor shall the child be 
103  deemed to have been found guilty or to be a criminal by reason 
104  of that adjudication; nor shall that adjudication operate to 
105  impose upon the child any of the civil disabilities ordinarily 
106  imposed by or resulting from conviction or to disqualify or 
107  prejudice the child in any civil service application or 
108  appointment, with the exception of the use of records of 
109  proceedings under this chapter as provided in s. 985.045(4). 
110         (8)(7) Notwithstanding any other provision of law, an 
111  adjudication of delinquency for an offense classified as a 
112  felony shall disqualify a person from lawfully possessing a 
113  firearm until the such person reaches 24 years of age. 
114         Section 2. Subsection (2) of section 985.483, Florida 
115  Statutes, is amended to read: 
116         985.483 Intensive residential treatment program for 
117  offenders less than 13 years of age.— 
118         (2) DETERMINATION.—After a child has been adjudicated 
119  delinquent under s. 985.35(6) s. 985.35(5), the court shall 
120  determine whether the child is eligible for an intensive 
121  residential treatment program for offenders less than 13 years 
122  of age under subsection (1). If the court determines that the 
123  child does not meet the criteria, ss. 985.435, 985.437, 985.439, 
124  985.441, 985.445, 985.45, and 985.455 shall apply. 
125         Section 3. This act shall take effect July 1, 2010.