Currently, prosecutors unilaterally decide whether to charge a youth as adults. Once they make that decision, the child is an adult for criminal law purposes forever - even if their case is dropped. There’s no way to appeal this decision. We support HB 575, which would provide a judicial due process hearing, ensuring youth can appeal to a judge to keep them in the juvenile system, where they have a chance at redemption.
Facts:
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Florida leads the nation in prosecuting youth as adults. We send more youth (>900) to the adult system than California, Texas, Pennsylvania, North Carolina and Michigan combined.
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More than 70% of kids charged as adults receive probation, not prison time, because their crimes and histories do not support a prison sentence.
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About 22% of our state’s youth population are black, while 63% of youth charged as adults are black.
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Kids processed through the punitive adult system, rather than the rehabilitative juvenile, are more likely to commit additional crimes - even when their risk to reoffend was equal before sanctions.
See the Keep Kids Learning Institute for more info.
Related bills:
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SB 850/HB 339: Raise the minimum age to be charged as an adult and eliminate mandatory direct file.
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SB 870: Allows judges to decide not to hold youth charged as adults in adult county jails pending trial.
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HB 6051/SB : Eliminates mandatory direct file
