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FL S0418

Bill

Status

Failed

3/9/2012

Primary Sponsor

Christopher Smith

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Allows state attorneys to directly file charges against juveniles with prior felony or misdemeanor adjudications or adjudications with withheld judgment.

  • Requires state attorneys to consider four criteria when deciding whether to file charges: seriousness of the offense and community protection needs, the child's record and history, prospects for rehabilitation through juvenile court, and cost-effective diversion alternatives.

  • Mandates state attorneys to file written explanations with the court addressing the specified factors when directly filing charges against a juvenile for criminal prosecution.

  • Permits juveniles in adult court to request a hearing for return to juvenile court, which the adult court must grant only if the child proves by preponderance of evidence that juvenile services could reduce reoffending, prosecution in juvenile court serves the child's best interests, juvenile sanctions provide adequate community protection, and the child is not charged with a death or life imprisonment felony and has not previously been convicted as an adult.

  • Takes effect July 1, 2012.

Legislative Description

Criminal Prosecution of Juveniles

Last Action

Died in Criminal Justice

3/9/2012

Committee Referrals

Criminal Justice11/2/2011

Full Bill Text

No bill text available