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FL S0148

Bill

Status

Introduced

12/1/2010

Primary Sponsor

Christopher Smith

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Allows state attorneys to directly file charges against juveniles with prior felony or misdemeanor adjudications, expanding circumstances for direct prosecution beyond existing law.

  • 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.

  • 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.

  • 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.

  • Takes effect July 1, 2011.

Legislative Description

Criminal Prosecution of Juveniles

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Criminal Justice12/16/2010

Full Bill Text

No bill text available