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FL S0610
Bill
AI Summary
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Removes discretionary language from the state attorney's direct file authority, requiring courts to advise children and parents of their right to a due process evidentiary hearing when a child is transferred to adult court.
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Establishes a mandatory hearing within 30 days where judges must consider eight specific factors including the child's maturity, history, nature of the offense, and prospects for rehabilitation in determining whether adult prosecution is necessary for community protection.
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Prohibits children charged with misdemeanors transferred via direct file from being held in adult jails before the evidentiary hearing, and prohibits any child transferred under direct file from being held in adult facilities before a court finding that they should be prosecuted as an adult.
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Requires the adult court to retain jurisdiction unless evidence shows by preponderance that listed factors support returning the case to juvenile court, and mandates specific findings of fact with reasons for the decision, which may be reviewed through interlocutory appeal.
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Removes references to "adjudications withheld" as a factor for 16-17 year olds in the discretionary direct file criteria for misdemeanor charges requiring two prior adjudications.
Legislative Description
Direct Filing of an Information
Last Action
Died in Criminal Justice
3/14/2020