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FL S0148
Bill
Status
12/1/2010
Primary Sponsor
Christopher Smith
Click for details
AI Summary
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Allows state attorneys to directly file charges against juveniles with prior felony or misdemeanor adjudications, expanding circumstances for direct prosecution beyond existing law.
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Requires state attorneys to apply specific criteria when deciding whether to directly file charges, including: seriousness of offense and community protection needs, the juvenile's record and history, prospects for rehabilitation through juvenile court, and available diversionary alternatives.
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Mandates state attorneys file a written explanation with the court justifying why a juvenile should be transferred to criminal prosecution, addressing the statutory criteria factors.
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Establishes "reverse waiver" procedure allowing juveniles already in adult court to request a hearing for return to juvenile court, with the child required to prove by preponderance of evidence that juvenile services could reduce reoffending, prosecution in juvenile court serves the child's best interests, and juvenile sanctions would protect the community.
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Takes effect July 1, 2011.
Legislative Description
Criminal Prosecution of Juveniles
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011