Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 936
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Powell) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 389 - 433
    4  and insert:
    5  reasonable effort to ensure that any child who is 16 years of
    6  age or older but has not yet reached the age of 18 and 16 or 17
    7  years of age who is convicted and sentenced under this section
    8  is paragraph be completely separated such that there is no
    9  physical contact with adult offenders in the facility, to the
   10  extent that it is consistent with chapter 958.
   11         (2)(3) EFFECT OF PROSECUTION OF CHILDREN AS ADULTS DIRECT
   12  FILE.—
   13         (a) Once a child has been transferred for criminal
   14  prosecution pursuant to an information and has been found to
   15  have committed the presenting offense or a lesser included
   16  offense, the child shall be handled thereafter in every respect
   17  as if an adult for any subsequent violation of state law, unless
   18  the court imposes juvenile sanctions under s. 985.565.
   19         (b) When a child is transferred for criminal prosecution as
   20  an adult, the court shall immediately transfer and certify to
   21  the adult circuit court all felony cases pertaining to the
   22  child, for prosecution of the child as an adult, which have not
   23  yet resulted in a plea of guilty or nolo contendere or in which
   24  a finding of guilt has not been made. If a child is acquitted of
   25  all charged offenses or lesser included offenses contained in
   26  the original case transferred to adult court, all felony cases
   27  that were transferred to adult court as a result of this
   28  paragraph shall be subject to the same penalties to which such
   29  cases would have been subject before being transferred to adult
   30  court.
   31         (c) When a child has been transferred for criminal
   32  prosecution as an adult and has been found to have committed a
   33  violation of state law, the disposition of the case may be made
   34  under s. 985.565 and may include the enforcement of any
   35  restitution ordered in any juvenile proceeding.
   36         (3) FITNESS HEARING BEFORE A JUDGE.—A child who is
   37  transferred to adult court under this section may request, in
   38  writing, a hearing before the court to determine whether he or
   39  she shall remain in adult court. The adult court, in determining
   40  whether public safety would be best served by retaining
   41  jurisdiction, shall consider the seriousness of the offense; the
   42  extent of the child’s alleged participation or role in the
   43  offense; the sophistication, maturity, and mental development of
   44  the child; any prior adjudications or adjudications withheld of
   45  the child; and any other consideration set forth in s.
   46  985.556(3)(c). The adult court may, based on these
   47  considerations, transfer the case back to juvenile court.
   48         (4) TRANSFER PROHIBITION.—Notwithstanding any other law, a
   49  child who is eligible for prosecution as an adult and who has a
   50  pending competency hearing in juvenile court or who has