Dianne Hart advocates for children’s rights when they face prosecution as adults

Tampa’s Dianne Hart is the new chair of Hillsborough's legislative delegation.

A new measure would protect children who have been accused of committing criminal offenses from being prosecuted as adults.

Tampa Democrat Rep. Dianne Hart filed the bill (HB 613) which aims to safeguard children’s rights and ensure a fair and thorough evaluation process before they are prosecuted as adults.

The bill would require a court to advise a child and their parent or legal guardian of the child’s right to a due process evidentiary hearing before transferring the child to adult court. It also would eliminate the discretion of state attorneys to transfer and certify children for prosecution as adults without first conducting a due process court hearing.

The hearing would be required to be held within 30 days after a request. A child’s attorney would be able to request a delay for good cause, while courts would be required to take into consideration a child’s maturity and history, including prior contacts with law enforcement, and the nature of the offense during the due process hearing.

A good cause for delay would include medical emergencies or serious illness of the party requesting the delay or a close family member; unforeseen circumstances such as a natural disaster; or the need for additional time to gather evidence, prepare a case or consult with an attorney.

If the bill passes, children facing a potential prosecution would be prohibited from being held in an adult jail, or any other facility intended for the use of adults, before a hearing to determine whether the child would be prosecuted as an adult has been conducted. However, the child would be able to waive their rights to having a hearing.

Children would be housed separately from adult inmates to prohibit the child from having regular contact with other inmates. This is defined as sight and sound contact. The receiving jail would be required to provide adequate staff to supervise and monitor to child’s activities at all times. Physical checks would be required at least every 10 minutes.

Adult court would retain jurisdiction over the child unless certain findings are made — determinants would include whether the alleged offence was committed in an aggressive or premeditated manner, and if there could be a risk to public safety.

If passed, the bill would take effect July 1.