SB 7040 — Time Limitations for Preadjudicatory Juvenile Detention Care

Florida Senate - 2022 CS(PROPOSED forBILL) SBSPB 7040 FOR CONSIDERATION By the CommitteesCommittee on Rules;Appropriations 576-02039C-22 20227040pb A bill to be entitled An act relating to time limitations for preadjudicatory juvenile detention care;

and Appropriations 595-03330-22 20227040c1 A bill to be entitled An act relating to time limitations for preadjudicatory juvenile detention care;

requiringauthorizing a court to order a child placed on supervised release detention care to comply with specified conditions under certain circumstances;

prohibiting certain alleged dependent children from being placed into secure detention care;

authorizing a court to order that a child be placed on supervised release detention care for any time period until thean adjudicatory hearing isfor completed;the case has been commenced;

revising timeprovisions limitationsrelating resultingto supervised release detention care and its exclusion from aspecified continuance;time limitations;

deletingauthorizing provisionscertain relatingelectronic monitoring ordered by a court to be supervised releaseby detentionthe careDepartment andof itsJuvenile exclusionJustice fromor specifieda timelaw limitations;enforcement agency, or both;

authorizingproviding certain electronic monitoring Page 1 of 7 CODING:

Florida Senate - 2022 CS(PROPOSED forBILL) SBSPB 7040 595-03330-22576-02039C-22 20227040c120227040pb orderedconstruction; by a court to be supervised by the Department of Juvenile Justice or a law enforcement agency, or both;

providing construction;

Present subsections (2), (3), and (4) of section 985.24, Florida Statutes, are redesignated as subsections (3), (4), and (5), respectively, and a new subsection (2) is added to that section, and present subsection (3) of that section is amended, to read:

prohibitions.— (2) AThe childcourt whomay isorder a child placed on supervised release detention care mustto comply with any available condition established by the department orand ordered by the court, including electronic monitoring, ifwhen the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.

(4)(3) A child who is alleged to be dependent under chapter 39, but who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.

985.26 Length of detention.— (1) A child may not be placed into or held in detention care for longer than 24 hours unless the court orders such detention care, and the order includes specific instructions Pagethat 2direct the release of 7the CODING:child from such detention care, in accordance with s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 7040 595-03330-22 20227040c1 that direct the release of the child from such detention care, in accordance with s.

A court may order that a child be placed on supervised release detention care for any time period until thean adjudicatory hearing isfor completed.the case has been commenced in good Page 2 of 7 CODING:

However,Words ifstricken aare childdeletions; has served 60 days on supervised release detention care, the court must conduct a hearing within 15 days after the 60th day to determine the need for continued supervised release detention care.

Atwords theunderlined hearing,are uponadditions. good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case or upon consideration of the totality of the circumstances, including the preservation of public safety, warranting an extension, the court may order the child to remain on supervised release detention care until the adjudicatory hearing is completed.

Florida Senate - 2022 (PROPOSED BILL) SPB 7040 576-02039C-22 20227040pb faith by the court.

However, if a child has served 75 days on supervised release detention care, the court must conduct a hearing within 15 days, excluding Saturdays, Sundays, and legal holidays, to determine the need for continued supervised release detention care.

At the hearing, upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case or upon consideration of the totality of the circumstances, including the preservation of public safety, which may warrant an extension, the court may order the child to remain on supervised release detention care until an adjudicatory hearing has been commenced in good faith by the court.

This section does not prohibit a court from transitioning a child between secure detention care and supervised release detention care, including electronic monitoring, if the court finds that such placement is necessary to preserve public safety or to ensure the child’s safety, appearance in court, or compliance with any condition of Pagesupervised 3release ofdetention 7care. CODING:

Each period of secure detention care counts toward the time limitation in this paragraph, whether served consecutively or nonconsecutively.

(b) Upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case or upon the totality of the circumstances, including Page 3 of 7 CODING:

Florida Senate - 2022 CS(PROPOSED forBILL) SBSPB 7040 595-03330-22576-02039C-22 20227040c120227040pb supervisedthe releasepreservation of public safety, warranting an extension, the court may extend the length of secure detention care.care for up to 21 an additional 9 days if the child is charged with an offense that would be, if committed by an adult, would be a capital felony, a life felony, a felony of the first or second degree, or a felony of the third second degree involving violence against any individual.

EachThe court may continue to extend the period of secure detention care orin supervisedincrements releaseof detentionup careto counts21 towarddays by conducting a hearing before the timeexpiration limitationsof inthe thiscurrent subsection,period, whetherexcluding servedSaturdays, consecutivelySundays, orand nonconsecutively.legal holidays, to determine the need for continuing the secure detention care of the child.

(b)At Upon good cause being shown that the naturehearing, of the chargecourt requiresmust additionalmake time for the prosecutionrequired orfindings defenseon of the caserecord orto upon the totality of the circumstances, including the preservation of public safety, warranting an extension, the court may extend the lengthperiod of secure detention carecare. for up to 21 an additional 9 days if the child is charged with an offense that would be, if committed by an adult, would be a capital felony, a life felony, a felony of the first or second degree, or a felony of the third second degree involving violence against any individual.

The court may continue to extend the period of secure detention care in increments of up to 21 days by conducting a hearing before the expiration of the current period to determine the need for continuing the secure detention care of the child.

At the hearing, the court must make the required findings in writing to extend the period of secure detention care.

If secure detention Pagecare 4is ofordered 7by CODING:the court, it must be authorized under this part and may not exceed:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 7040 595-03330-22 20227040c1 care is ordered by the court, it must be authorized under this part and may not exceed:

Fifteen days after the entry of an order of adjudication.Page 4 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 (PROPOSED BILL) SPB 7040 576-02039C-22 20227040pb adjudication.

(4)(a) The time limitation limits in subsection subsections (2) and (3) does do not include periods of delay resulting from a continuance granted by the court for cause on motion of the child or his or her counsel or of the state.