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FL S1080
Bill
AI Summary
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Eliminates the state attorney's ability to unilaterally "direct file" children into adult court and restricts discretionary adult prosecution to children aged 16-17 who allegedly committed forcible felonies as defined in s. 776.08
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Requires the court to advise children and their parents or legal guardians of the right to a due process evidentiary hearing before a judge whenever a state attorney files an information transferring a child to adult court
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Mandates the evidentiary hearing be held within 30 days of the request, during which the judge must consider the child's maturity, trauma history, prior record, nature of the alleged offense, rehabilitation prospects, and whether juvenile court services could adequately protect the public
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Prohibits holding a child transferred to adult court in an adult jail or detention facility until a judge determines at the evidentiary hearing that the child should be prosecuted as an adult, unless the child waives the right to that hearing
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Removes the "involuntary mandatory waiver" provision that previously required state attorneys to seek adult prosecution for children 14 and older with certain prior felony adjudications and current violent crime charges, and eliminates the direct file option for children aged 14-15
Legislative Description
Prosecuting Children as Adults
Last Action
Died in Criminal Justice
3/8/2024