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.
   14  Be It Enacted by the Legislature of the State of Florida:
   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.

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