Amendment AA10-SB70

SB70-AA10,72,8 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

SB70-AA10,72,11 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

SB70-AA10,72,14 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

SB70-AA10,72,15 6. Sunset long-term post-disposition programs at juvenile detention facilities.

SB70-AA10,72,16 7. Create a sentence adjustment procedure for youthful offenders.

SB70-AA10,72,18 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

SB70-AA10,72,22 (c) In submitting information under s. 16.42 (1) for purposes of the 2025-27 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee's recommendations.

SB70-AA10,72,24 (d) The juvenile justice reform review committee terminates on September 16, 2024.”.

SB70-AA10,73,1 227. Page 374, line 11: after that line insert:

SB70-AA10,73,2 “ Section 109. 20.455 (2) (a) of the statutes is amended to read:

SB70-AA10,73,7 20.455 (2) (a) General program operations. The amounts in the schedule for general program operations, including operating the state crime laboratories, performing criminal investigations, providing law enforcement services and, providing independent crime laboratory services for defendants in a felony case upon authorization by the presiding judge, and operating the office of school safety.

SB70-AA10,9227 Section 9227. Fiscal changes; Justice.

SB70-AA10,73,16 (1) Office of school safety. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2023-24 is increased by $387,800 to increase the authorized FTE positions for the department by 7.0 GPR positions for the operations of the office of school safety to support and enhance school safety initiatives. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year 2024-25 is increased by $601,000 to provide funding for the positions authorized under this subsection.”.

SB70-AA10,73,17 228. Page 374, line 11: after that line insert:

SB70-AA10,73,18 “ Section 110. 304.06 (1) (c) 3. of the statutes is amended to read:

SB70-AA10,73,24 304.06 (1) (c) 3. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian, upon submission of a card under par. (f) requesting notification.

SB70-AA10,111 Section 111. 304.063 (2) (a) of the statutes is amended to read:

SB70-AA10,74,6 304.063 (2) (a) The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family and any member of the victim's family who was younger than 18 years old at the time the crime was committed but is now 18 years old or older or, if the victim is younger than 18 years old, the victim's parent or legal guardian.”.

SB70-AA10,74,7 229. Page 374, line 11: after that line insert:

SB70-AA10,74,8 “ Section 112. 302.085 of the statutes is created to read:

SB70-AA10,74,10 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

SB70-AA10,74,11 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).

SB70-AA10,74,14 (b) “Doula” means a nonmedical, trained professional who provides continuous physical, emotional, and informational support during pregnancy, labor, birth, and the postpartum period.

SB70-AA10,74,17 (c) “Doula services" means childbirth education and support services, including emotional, physical, and informational support provided during pregnancy, labor, birth, and the postpartum period.

SB70-AA10,74,19 (d) “Postpartum” means the period of time following the birth of an infant to 6 months after the birth.

SB70-AA10,74,21 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain the movement of a person's body or limbs.

SB70-AA10,75,4 (2) Restraining a pregnant person. (a) A representative of a correctional facility may not restrain a person known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary to ensure safety and security of the person, the staff of the correctional facility, other inmates, or the public. If such a determination is made, the representative may use only the least restrictive effective type of restraint that is most reasonable under the circumstances.

SB70-AA10,75,9 (b) A representative of a correctional facility may not restrain a person known to be pregnant while the person is being transported if the restraint is through the use of leg irons, waist chains or other devices that cross or otherwise touch the person's abdomen, or handcuffs or other devices that cross or otherwise touch the person's wrists when affixed behind the person's back.

SB70-AA10,75,11 (c) A representative of a correctional facility may not place a person known to be pregnant in solitary confinement for any punitive purpose.

SB70-AA10,75,13 (d) A representative of a correctional facility may restrain a person who is in labor or who has given birth in the preceding 3 days only if all of the following apply:

SB70-AA10,75,17 1. There is a substantial flight risk or some other extraordinary medical or security circumstance that requires restraints be used to ensure the safety and security of the person, the staff of the correctional or medical facility, other inmates, or the public.

SB70-AA10,75,19 2. The representative has made an individualized determination that restraints are necessary to prevent escape or ensure safety or security.

SB70-AA10,75,21 3. There is no objection to the use of restraints by the treating medical care provider.

SB70-AA10,75,23 4. The restraints used are the least restrictive effective type and are used in the least restrictive manner.

SB70-AA10,76,3 (e) All staff members who may come into contact with a pregnant or postpartum person at any correctional facility shall receive training on the requirements of this subsection on an annual basis.

SB70-AA10,76,5 (3) Treatment of a pregnant or postpartum person. A correctional facility shall ensure all of the following for every person incarcerated at the facility:

SB70-AA10,76,6 (a) That every woman under 50 years of age is offered testing for pregnancy.

SB70-AA10,76,8 (b) That every pregnant person is offered testing for sexually transmitted infections, including HIV.

SB70-AA10,76,10 (c) That every pregnant person who is on a methadone treatment regimen be provided continuing methadone treatment.

SB70-AA10,76,13 (d) That every pregnant person and every person who has given birth in the past 6 weeks is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting.

SB70-AA10,76,17 (e) That every pregnant person and every person who has given birth in the past 6 weeks has access to doula services if these services are provided by a doula without charge to the correctional facility or the incarcerated person pays for the doula services.

SB70-AA10,76,20 (f) That every pregnant person and every person who has given birth in the past 6 months has access to a mental health assessment and, if necessary, mental health treatment.

SB70-AA10,76,23 (g) That every pregnant person and every person who has given birth in the past 6 months who is determined to be suffering from a mental illness has access to evidence-based mental health treatment including psychotropic medication.

SB70-AA10,77,2 (h) That every pregnant person who is determined to be suffering from depression and every person who has given birth in the past 6 months who is determined to be suffering from postpartum depression has access to evidence-based therapeutic care for depression.

SB70-AA10,77,6 (i) That every person who has given birth in the past 12 months whose body is producing breast milk has access to the necessary supplies and is provided an opportunity to express the breast milk as needed to maintain an active supply of breast milk.

SB70-AA10,77,9 (j) That every pregnant person and every person who has given birth in the past 6 months is advised orally and in writing of all applicable laws and policies governing an incarcerated pregnant or postpartum person.”.

SB70-AA10,77,10 230. Page 374, line 11: after that line insert:

SB70-AA10,77,11 “ Section 113. 967.056 of the statutes is created to read:

SB70-AA10,77,15 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

SB70-AA10,77,16 (a) The accused or charged violation is the person's first violation of s. 947.01.

SB70-AA10,77,18 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

SB70-AA10,77,21 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

SB70-AA10,77,23 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

SB70-AA10,77,24 (a) A deferred prosecution agreement that includes restitution, if applicable.

SB70-AA10,78,2 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.”.

SB70-AA10,78,3 231. Page 374, line 11: after that line insert:

SB70-AA10,78,5 “ Section 114. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,115 Section 115. 20.455 (1) (hg) of the statutes is created to read:

SB70-AA10,78,9 20.455 (1) (hg) Legal services; tobacco settlement agreement. As a continuing appropriation, the amounts in the schedule for legal expenses as set forth under s. 165.14.

SB70-AA10,116 Section 116. 165.14 of the statutes is created to read:

SB70-AA10,78,11 165.14 Tobacco settlement. (1) In this section:

SB70-AA10,78,12 (a) “Department” means the department of justice.

SB70-AA10,78,14 (b) “Tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.”.

SB70-AA10,78,18 (2) The department may expend moneys from the appropriation under s. 20.455 (1) (hg) for its legal expenses related to participation in arbitration or other alternative dispute resolution processes arising from payments under the tobacco settlement agreement.

SB70-AA10,79,5 (3) Annually, no later than September 1, the department shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) that identifies its expenses that are attributable to participation in arbitration or other alternative dispute resolution processes arising from payments under the tobacco settlement agreement.”.

SB70-AA10,79,6 232. Page 374, line 11: after that line insert:

SB70-AA10,79,7 “ Section 117. 20.437 (1) (cj) of the statutes is amended to read:

SB70-AA10,79,21 20.437 (1) (cj) Community youth and family aids. The amounts in the schedule for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 49.32 (2). Refunds received relating to payments made under s. 49.32 (2) shall be returned to this appropriation account. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer moneys under this paragraph between fiscal years. Except for moneys authorized to be carried forward under s. 48.526 (3) (dm) or for transfer under s. 48.526 (3) (e), all moneys from this paragraph allocated under s. 48.526 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the general fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

SB70-AA10,118 Section 118. 20.437 (1) (cm) of the statutes is amended to read:

SB70-AA10,80,3 20.437 (1) (cm) Community intervention program Youth justice system improvement program. The amounts in the schedule for the community intervention program youth justice system improvement program under s. 48.528.

SB70-AA10,119 Section 119. 20.437 (1) (kp) of the statutes is created to read:

SB70-AA10,80,8 20.437 (1) (kp) Youth aids funding for the youth justice system improvement program. All moneys transferred from the appropriation account under par. (cj), as provided under s. 48.526 (3) (e), for the youth justice system improvement program under s. 48.528.

SB70-AA10,120 Section 120. 48.526 (3) (e) of the statutes is amended to read:

SB70-AA10,80,18 48.526 (3) (e) The department may carry forward $500,000 or transfer to the appropriation account under s. 20.437 (1) (kp) 10 percent of its funds allocated under this subsection and not encumbered expended or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

SB70-AA10,121 Section 121. 48.526 (3) (em) of the statutes is repealed.

SB70-AA10,122 Section 122. 48.526 (7) (intro.) of the statutes is amended to read:

SB70-AA10,80,25 48.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2021 2023, and ending on June 30, 2023 2025, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB70-AA10,123 Section 123. 48.526 (7) (a) of the statutes is amended to read:

SB70-AA10,81,5 48.526 (7) (a) For community youth and family aids under this section, amounts not to exceed $47,740,750 $48,089,350 for the last 6 months of 2021 2023, $95,481,500 $96,178,700 for 2022 2024, and $47,740,750 $48,089,350 for the first 6 months of 2023 2025.

SB70-AA10,124 Section 124. 48.526 (7) (b) (intro.) of the statutes is amended to read:

SB70-AA10,81,10 48.526 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2021 2023, $4,000,000 for 2022 2024, and $2,000,000 for the first 6 months of 2023 2025 to counties based on each of the following factors weighted equally:

SB70-AA10,125 Section 125. 48.526 (7) (bm) of the statutes is amended to read:

SB70-AA10,81,17 48.526 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2021 2023, $12,500,000 for 2022 2024, and $6,250,000 for the first 6 months of 2023 2025 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.

SB70-AA10,126 Section 126. 48.526 (7) (c) of the statutes is amended to read:

SB70-AA10,82,2 48.526 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2021 2023, $2,106,500 for 2022 2024, and $1,053,300 for the first 6 months of 2023 2025 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93 percent nor more than 115 percent of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

SB70-AA10,127 Section 127. 48.526 (7) (e) of the statutes is repealed.

SB70-AA10,128 Section 128. 48.526 (7) (h) of the statutes is repealed.

SB70-AA10,129 Section 129. 48.526 (8) of the statutes is repealed.

SB70-AA10,130 Section 130. 48.528 of the statutes is repealed and recreated to read: