SB 876 — Direct Filing of an Information

(a) The judge shall conduct the hearing within 30 days, excluding Saturdays, Sundays, and legal holidays, unless good cause is shown for a delay by the child or the child’s attorney.

The purpose of the hearing is for the court to determine whether it is necessary for protection of the community that the child is prosecuted in adult court.

The judge shall consider all of the following:

1. Evaluations and assessments completed by the department.

2. The sophistication and maturity of the child, including:

a. The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the child’s participation in the alleged offense.

b. The child’s age, maturity, intellectual capacity, and mental and emotional health at the time of the alleged offense.

c. The effect, if any, of characteristics attributable to the child’s youth on the child’s judgment.

3. The record and previous history of the child, including:

a. Previous contacts with the department, the Department of Corrections, the Department of Children and Families, other law enforcement agencies, and the courts.

b. Prior periods of probation.

c. Prior adjudications that the child committed a delinquent act or violation of law, with greater weight being given if the child has previously been found by a court to have committed a delinquent act or violation of law involving violence to persons.

d. Prior commitments to institutions of the department, the Department of Corrections, or agencies under contract with either department.

e. History of trauma, abuse or neglect, foster care placements, failed adoption, fetal alcohol syndrome, exposure to controlled substances at birth, and below-average intellectual functioning.

f. Identification of the child as a student requiring exceptional student education or having previously received psychological services.

4. The nature of the alleged offense and the child’s participation, including:

a. Whether the alleged offense is punishable by death or life imprisonment.

b. Whether the alleged offense was against persons or property.

c. Whether the alleged offense is alleged to have been committed in an aggressive, violent, or premeditated manner.

d. The extent of the child’s participation in the alleged offense.

e. The effect, if any, of familial pressure or peer pressure on the child’s actions.

5. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child, if the child is found to have committed the alleged offense:

a. By the use of procedures, services, and facilities currently available to the juvenile court.

b. By the use of procedures, services, and facilities currently available to the adult court, including whether the lowest permissible sentence under the Criminal Punishment Code is a nonstate prison sanction.

6. Whether the child could obtain habilitative or rehabilitative services available in the juvenile justice system.

7. Whether the child could receive a sentence in juvenile court that would provide adequate safety and protection for the community.

8. Whether the child’s best interests would be served by prosecuting the child in juvenile court.

(b) The judge may consider any reports that may assist the court, including prior pre-disposition reports, psycho-social assessments, individualized educational programs (IEPs), developmental assessments, school records, abuse or neglect reports, home studies, protective investigations, and psychological and psychiatric evaluations.

The child, the child’s parents or legal guardians, defense counsel, and the state attorney may examine these reports and question the parties responsible for creating them at the hearing.

(c) The adult court shall retain jurisdiction unless the court finds by a preponderance of the evidence that the factors listed in paragraph (a) support returning the child to juvenile court.

(d) The adult court shall render an order including specific findings of fact and the reasons for its decision.

The prosecution and defense may seek immediate review of the order through interlocutory appeal.

The order shall be reviewable on appeal under the Florida Rules of Appellate Procedure.

(3) EFFECTSection OF3. Paragraphs DIRECT(a) FILE.— (a) Once a child has been transferred for criminal prosecution pursuant to an information and has(b) beenof foundsubsection to(4) have committed the presenting offense or a lesser included offense, the child shall be handled thereafter in every respect as if an adult for any subsequent violation of statesection law,985.565, unlessFlorida theStatutes, courtare imposesamended juvenileto sanctionsread under985.565 Sentencing s.powers;

985.565.procedures;

(b) Whenalternatives a child is transferred for criminaljuveniles prosecutionprosecuted as anadults.— adult,(4) SENTENCING theALTERNATIVES.— court(a) Adult shallsanctions.— immediately1. Cases transferprosecuted andon certifyindictment.—If to the adultchild circuitis courtfound all felony cases pertaining to thehave child,committed for prosecution of the childoffense aspunishable anby adult,death which have not yet resulted in a plea of guilty or nololife contendereimprisonment, orthe inchild whichshall abe findingsentenced ofas guiltan hasadult. not been made.

If athe childjuvenile is acquittednot offound allto chargedhave offensescommitted orthe lesserindictable includedoffense offensesbut containedis infound theto originalhave casecommitted transferreda tolesser adultincluded court,offense allor felonyany casesother thatoffense werefor transferredwhich tohe adultor courtshe was indicted as a resultpart of thisthe paragraphcriminal shallepisode, be subject to the samecourt penaltiesmay tosentence whichas suchfollows: cases would have been subject before being transferred to adult court.

(c) Whena. As a child has been transferred for criminal prosecution as an adultadult; and has been found to have committed a violation of state law, the disposition of the case may be made under s.

985.565b. Under andchapter may958; include the enforcement of any restitution ordered in any juvenile proceeding.

(4) CHARGESor INCLUDEDc. As ONa INFORMATION.—Anjuvenile informationunder filed pursuant to this sectionsection. may include all charges that are based on the same act, criminal episode, or transaction as the primary offenses.

(5) HEARING2. Other BEFOREcases.—If JUDGE.—Aa child who ishas been transferred for criminal prosecution pursuant to adultinformation or waiver of juvenile court underjurisdiction thisis sectionfound to have committed a violation of state law or s.a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows:

985.56,a. As oran theadult; child’s defense counsel, may request in writing a hearing to determine whether the child must remain in adult court.

(a) Theb. Under judgechapter shall958; conduct the hearing within 30 days, excluding weekends and legal holidays, after the filing of the request, unless good cause is shown for a delay.

Theor purposec. As ofa thejuvenile hearingunder isthis forsection. the court to determine whether it is necessary for protection of the community that the child is prosecuted in adult court.

The3. Notwithstanding judgeany shallother considerprovision allto ofthe contrary, if the following:state attorney is required to file a motion to transfer and certify the juvenile for prosecution as an adult under s.

1. The985.556(3) recommendationand ofthat themotion department,is throughgranted, reviewor andif considerationthe ofstate theattorney recommendationsis ofrequired theto department’sfile caseworker.an information under s.

2. The985.557(2)(a) sophisticationor and(b), maturitythe ofcourt themust child,impose including:adult sanctions.

a. The4. Any effect,sentence ifimposing any,adult ofsanctions immaturity,is impetuosity,presumed orappropriate, failureand the court is not required to appreciateset risksforth andspecific consequencesfindings onor enumerate the child’scriteria participation in thethis offense.subsection as any basis for its decision to impose adult sanctions.

b. The5. When child’sa age,child maturity,has intellectualbeen capacity,transferred andfor mentalcriminal prosecution as an adult and emotionalhas healthbeen atfound to have committed a violation of state law, the timedisposition of the offense.case may include the enforcement of any restitution ordered in any juvenile proceeding.

c. The(b) Juvenile effect,sanctions.—For ifjuveniles any,transferred ofto characteristicsadult attributablecourt tobut thewho child’sdo youthnot onqualify thefor child’ssuch judgment.transfer under s.

3. The985.556(3) recordor ands. history of the child, including:

a. Prior985.557(2)(a) contactsor with(b), the department,court themay Departmentimpose ofjuvenile Corrections,sanctions theunder Departmentthis ofparagraph. Children and Families, other law enforcement agencies, or the courts.

b. PriorIf periodsjuvenile ofsentences probation.are imposed, the court shall, under this paragraph, adjudge the child to have committed a delinquent act.

c. PriorAdjudication adjudicationsof thatdelinquency theshall childnot committedbe deemed a delinquentconviction, actnor orshall violationit ofoperate law,to withimpose greaterany weightof being given if the childcivil hasdisabilities previouslyordinarily beenresulting foundfrom by a courtconviction. to have committed a delinquent act or violation of law involving violence to persons.

d. PriorThe commitmentscourt toshall institutionsimpose ofan theadult department,sanction theor Departmenta ofjuvenile Corrections,sanction orand agenciesmay undernot contractsentence withthe eitherchild department.to a combination of adult and juvenile punishments.

e. PatternsAn ofadult criminalitysanction or patternsa juvenile sanction may include enforcement of escalation.an order of restitution or probation previously ordered in any juvenile proceeding.

f. HistoryHowever, ofif trauma,the abusecourt orimposes neglect,a fosterjuvenile caresanction placements,and failedthe adoption,department fetaldetermines alcoholthat syndrome,the exposuresanction is unsuitable for the child, the department shall return custody of the child to controlledthe substancessentencing atcourt birth,for orfurther below-averageproceedings, intellectualincluding functioning.the imposition of adult sanctions.

g. IdentificationUpon ofadjudicating thea child asdelinquent aunder studentsubsection requiring(1), exceptionalthe studentcourt educationmay: or having previously received psychological services.

h. Whether1. Place the child hasin previouslya beenprobation convictedprogram andunder sentencedthe assupervision of the department for an adult.indeterminate period of time until the child reaches the age of 19 years or sooner if discharged by order of the court.

4. The2. Commit naturethe ofchild to the allegeddepartment offensefor andtreatment in an appropriate program for children for an indeterminate period of time until the child’schild participation,is including:21 or sooner if discharged by the department.

a. WhetherThe department shall notify the offensecourt isof punishableits byintent deathto ordischarge lifeno imprisonment.later than 14 days prior to discharge.

b. WhetherFailure of the offensecourt wasto againsttimely personsrespond orto property.the department’s notice shall be considered approval for discharge.

c. Whether3. Order thedisposition offenseunder isss. alleged to have been committed in an aggressive, violent, or premeditated manner.

d. The985.435, extent985.437, of985.439, the985.441, child’s985.45, allegedand participation985.455 inas an alternative to youthful offender or adult sentencing if the offense.court determines not to impose youthful offender or adult sanctions.

e. The353 effect,It ifis any,the intent of familialthe pressureLegislature orthat peerthe pressurecriteria onand guidelines in this subsection are mandatory and that a determination of disposition under this subsection is subject to the child’sright actions.of the child to appellate review under s.

5. The985.534. prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child, if the child is found to have committed the alleged offense:

a. BySection 4. For the usepurpose of procedures,incorporating services,the andamendment facilitiesmade currentlyby availablethis act to thesection juvenile985.557, court.Florida Statutes, in a reference thereto, subsection (1) of section 985.15, Florida Statutes, is reenacted to read:

b. By985.15 Filing thedecisions.— use(1) The state attorney may in all cases take action independent of procedures,the services,action andor facilitieslack currentlyof availableaction toof the adultjuvenile court,probation includingofficer whetherand shall determine the lowestaction permissiblethat sentenceis underin the Criminalbest Punishmentinterest Codeof isthe apublic nonstateand prisonthe sanction.child.

6. Cost-effectiveIf alternatives available to divert the child frommeets the criminalcriteria justicerequiring systemprosecution andas thean juvenileadult justiceunder systems. and offer rehabilitative services for the child.

7. Whether985.556, the state attorney shall request the court to transfer and certify the child couldfor obtainprosecution habilitativeas an adult or rehabilitativeshall servicesprovide availablewritten inreasons to the juvenilecourt justicefor system.not making such a request.

8. WhetherIn theall childother couldcases, receivethe astate sentenceattorney inmay: juvenile court that would provide adequate safety and protection for the community.

9. Whether(a) File thea child’spetition bestfor interestsdependency; would be served by prosecuting the child in juvenile court.

(b) The(b) File judgea maypetition considerunder anychapter reports984; that may assist him or her, including prior pre-disposition reports, psycho-social assessments, individualized educational programs, developmental assessments, school records, abuse or neglect reports, home studies, protective investigations, or psychological or psychiatric evaluations.

The(c) File child,a thepetition child’s parents or legal guardians, the child’s defense counsel, and the state attorney have the right to examine these records and to question the parties responsible for creatingdelinquency; them at the hearing.

(c) The(d) File adulta courtpetition shallfor retaindelinquency jurisdictionwith unless the court finds by a preponderancemotion ofto thetransfer evidenceand thatcertify the factorschild listedfor inprosecution subsectionas (a)an supportadult; returning the child to juvenile court.

(d) The(e) File adult court shall render an orderinformation includingunder specifics. findings of fact and the reasons for its decision.

The985.557; order is reviewable on appeal under s.

985.534(f) Refer and the Floridacase Rulesto ofa Appellategrand Procedure.jury;

Section(g) Refer 2. Thisthe actchild shallto takea effectdiversionary, Julypretrial 1,intervention, 2019.arbitration, or mediation program, or to some other treatment or care program if such program commitment is voluntarily accepted by the child or the child’s parents or legal guardian;

or (h) Decline to file.

Section 5. For the purpose of incorporating the amendment made by this act to section 985.557, Florida Statutes, in a reference thereto, paragraph (c) of subsection (2) of section 985.26, Florida Statutes, is reenacted to read:

985.26 Length of detention.— (2) (c) A prolific juvenile offender under s.

985.255(1)(j) shall be placed on nonsecure detention care with electronic monitoring or in secure detention care under a special detention order until disposition.

If secure detention care is ordered by the court, it must be authorized under this part and may not exceed:

1. Twenty-one days unless an adjudicatory hearing for the case has been commenced in good faith by the court or the period is extended by the court pursuant to paragraph (b);

or 2. Fifteen days after the entry of an order of adjudication.

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

985.15(1)(h), the entry of nolle prosequi for the charges, the filing of an indictment under s.

985.56 or an information under s.

985.557, a dismissal of the case, or an order of final disposition by the court.

Section 6. For the purpose of incorporating the amendment made by this act to section 985.557, Florida Statutes, in a reference thereto, subsection (3) of section 985.556, Florida Statutes, is reenacted to read:

985.556 Waiver of juvenile court jurisdiction;

hearing.— (3) INVOLUNTARY MANDATORY WAIVER.— (a) If the child was 14 years of age or older, and if the child has been previously adjudicated delinquent for an act classified as a felony, which adjudication was for the commission of, attempt to commit, or conspiracy to commit murder, sexual battery, armed or strong-armed robbery, carjacking, home-invasion robbery, aggravated battery, aggravated assault, or burglary with an assault or battery, and the child is currently charged with a second or subsequent violent crime against a person;

or (b) If the child was 14 years of age or older at the time of commission of a fourth or subsequent alleged felony offense and the child was previously adjudicated delinquent or had adjudication withheld for or was found to have committed, or to have attempted or conspired to commit, three offenses that are felony offenses if committed by an adult, and one or more of such felony offenses involved the use or possession of a firearm or violence against a person;

431 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.

985.557(1).

Upon the state attorney’s request, the court shall either enter an order transferring the case and certifying the case for trial as if the child were an adult or provide written reasons for not issuing such an order.

Section 7. This act shall take effect July 1, 2019.