SB 936 — Juvenile Justice

Florida Senate - 2018 CS for SB 936 By Senatorthe PowellCommittee 30-01093-18on 2018936__Criminal AJustice; bill to be entitled An act relating to juvenile justice;

and Senators Powell and Rouson 591-02329-18 2018936c1 A bill to be entitled An act relating to juvenile justice;

944.292, F.S.;

creating an exception to the suspension of civil rights upon the conviction of a felony for children convicted as adults;

amending s.

conforming a crosscross-reference; reference;

8179 Be It Enacted by the Legislature of the State of Florida:

8381 Section 1. Subsection1. Subsections (1)(2) through (5) of section 944.292,985.556, Florida Statutes, are amended, and subsection (1) of that section is amendedrepublished, to read:

944.292 Suspension of civil rights.— (1) Upon conviction of a felony as defined in s.

10, Art.

X of the State Constitution, the civil rights of the person convicted, except for a child convicted as an adult pursuant to s.

985.56, s.

985.556, or s.

985.557, shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s.

8, Art.

IV of the State Constitution.

Section 2. Subsections (2) through (5) of section 985.556, Florida Statutes, are amended, and subsection (1) of that section is republished, to read:

133121 the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such request, or proceed under s.

Section 3. Section2. Section 985.557, Florida Statutes, is amended to read:

(b)1. Beginning October 1, 2018, atthe court shall, with the timeassistance of the courtdepartment, adjudicatesprosecutor, aand casedefense counsel, include the following information in the disposition order or the judgment and sentence order for all cases eligible for transfer to adult court under this section, s.

985.56,985.56: the court shall, with the assistance of the department, prosecutor, and defense counsel, include the following information in the disposition order or the judgment and sentence order:

(c)5. The Department of Corrections shall make every reasonable effort to ensure that any child who is 1416 years of age or older but has not yet reached the age of 18 and 16 or 17 years of age who is convicted and sentenced under this section is paragraph be completely separated such that there is no physical contact with adult offenders in the facility, to the extent that it is consistent with chapter 958.

(4) TRANSFER PROHIBITION.—Notwithstanding any other law, a child who is eligible for prosecution as an adult and who has a pending competency hearing in juvenile court or who has previously been found to be incompetent but has not been restored to competency by a court may not be transferred to adult court for criminal prosecution until the child’s competency has been restored.

24. Information generatedincluded byin the officedisposition oforder or the statejudgment attorneyand insentence eachorder judicial circuit under subparagraph (1)(b)1.

Section 4. Section3. Section 985.56, Florida Statutes, is amended to read:

Section 5. Subsection4. Subsection (1) and paragraphs (a) and (b) of subsection (4) of section 985.565, Florida Statutes, are amended to read:

709698 It is the intent of the Legislature that the criteria and guidelines in this subsection are mandatory and that a determination of disposition under this subsection is subject to the right of the child to appellate review under s.

Section 6. Subsection5. Subsection (54) of section 985.03, Florida Statutes, is amended to read:

Section 7. Subsection6. Subsection (1) of section 985.15, Florida Statutes, is amended to read:

Section 8. Subsection7. Subsection (5) of section 985.265, Florida Statutes, is amended to read:

761750 The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trusties.

Section 9. For8. For the purpose of incorporating the amendments made by this act to sections 985.557 and 985.56, Florida Statutes, in references thereto, paragraph (c) of subsection (2) of section 985.26, Florida Statutes, is reenacted to read:

793782 As used in this paragraph, the term “disposition” means a declination to file under s.

Section 10. For9. For the purpose of incorporating the amendment made by this act to section 985.565, Florida Statutes, in a reference thereto, subsection (3) of section 985.514, Florida Statutes, is reenacted to read:

Section 11. This10. This act shall take effect July 1, 2018.