Florida Senate - 2021                                     SB 636
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00641-21                                            2021636__
    1                        A bill to be entitled                      
    2         An act relating to the detention of children; amending
    3         s. 985.265, F.S.; prohibiting a child awaiting trial
    4         or other legal process who is treated as an adult for
    5         purposes of criminal prosecution from being held in a
    6         jail or other facility intended or used for the
    7         detention of adults; requiring the court to consider
    8         specified factors in making a certain determination;
    9         providing a requirement and a prohibition if a court
   10         determines that it is in the interest of justice to
   11         allow a child to be held in a jail or other facility
   12         intended or used for the detention of adults; deleting
   13         provisions under which a court is required to order
   14         the delivery of a child to a jail or other facility
   15         intended or used for the detention of adults;
   16         conforming a provision to changes made by the act;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (5) of section 985.265, Florida
   22  Statutes, is amended to read:
   23         985.265 Detention transfer and release; education; adult
   24  jails.—
   25         (5)(a) Unless a court finds in writing and after a hearing
   26  that it is in the interest of justice, a child awaiting trial or
   27  other legal process who is treated as an adult for purposes of
   28  prosecution in criminal court and is housed in a secure facility
   29  may not be held in The court shall order the delivery of a child
   30  to a jail or other facility intended or used for the detention
   31  of adults. In determining whether it is in the interest of
   32  justice to allow a child to be held in a jail or other facility
   33  intended or used for the detention of adults, a court shall
   34  consider all of the following:
   35         1. The age of the juvenile.
   36         2. The physical and mental maturity of the juvenile.
   37         3. The present mental state of the juvenile, including
   38  whether the juvenile presents an imminent risk of harm to
   39  himself or herself.
   40         4. The nature and circumstances of the alleged offense.
   41         5. The juvenile’s history of prior delinquent acts.
   42         6. The relative ability of the available adult and juvenile
   43  detention facilities to meet the specific needs of the juvenile
   44  and to protect the safety of the public and other juveniles
   45  detained in such facilities.
   46         7. Any other relevant factor.
   47         (b) If a court determines that it is in the interest of
   48  justice to allow a child to be held in a jail or other facility
   49  intended or used for the detention of adults:
   50         1. The court must hold a hearing no less frequently than
   51  once every 30 days, or in the case of a rural jurisdiction, no
   52  less frequently than once every 45 days, to review whether it is
   53  still in the interest of justice to allow the child to be so
   54  held; and
   55         2. The child may not be held in a jail or other facility
   56  intended or used for the detention of adults for more than 180
   57  days, unless the court in writing determines there is good cause
   58  for an extension or the child expressly waives this limitation.
   59         (a) When the child has been transferred or indicted for
   60  criminal prosecution as an adult under part X, except that the
   61  court may not order or allow a child alleged to have committed a
   62  misdemeanor who is being transferred for criminal prosecution
   63  pursuant to either s. 985.556 or s. 985.557 to be detained or
   64  held in a jail or other facility intended or used for the
   65  detention of adults; however, such child may be held temporarily
   66  in a detention facility; or
   67         (b) When a child taken into custody in this state is wanted
   68  by another jurisdiction for prosecution as an adult.
   69  
   70  The child held in a jail or other facility intended or used for
   71  the detention of adults shall be housed separately from adult
   72  inmates to prohibit a child from having regular contact with
   73  incarcerated adults, including trusties. “Regular contact” means
   74  sight and sound contact. Separation of children from adults
   75  shall permit no more than haphazard or accidental contact. The
   76  receiving jail or other facility shall contain a separate
   77  section for children and shall have an adequate staff to
   78  supervise and monitor the child’s activities at all times.
   79  Supervision and monitoring of children includes physical
   80  observation and documented checks by jail or receiving facility
   81  supervisory personnel at intervals not to exceed 10 minutes.
   82  This subsection does not prohibit placing two or more children
   83  in the same cell. Under no circumstances shall a child be placed
   84  in the same cell with an adult.
   85         Section 2. This act shall take effect July 1, 2022.