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Florida Statutes 984.09 - Punishment for contempt of court; alternative sanctions

Florida Statutes > Chapter 984 > 984.09


Current as of: 2012
   (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.-The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court relative thereto. It is the intent of the Legislature that the court restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility. A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve an alternative sanction or placed in a secure facility, as authorized in this section, by order of the court.
   (2) PLACEMENT IN A SECURE FACILITY.-A child may be placed in a secure facility for purposes of punishment for contempt of court if alternative sanctions are unavailable or inappropriate, or if the child has already been ordered to serve an alternative sanction but failed to comply with the sanction.
   (a) A delinquent child who has been held in direct or indirect contempt may be placed in a secure detention facility for 5 days for a first offense or 15 days for a second or subsequent offense, or in a secure residential commitment facility.
   (b) A child in need of services who has been held in direct contempt or indirect contempt may be placed, for 5 days for a first offense or 15 days for a second or subsequent offense, in a staff-secure shelter or a staff-secure residential facility solely for children in need of services if such placement is available, or, if such placement is not available, the child may be placed in an appropriate mental health facility or substance abuse facility for assessment. In addition to disposition under this paragraph, a child in need of services who is held in direct contempt or indirect contempt may be placed in a physically secure setting as provided under s. 984.226 if conditions of eligibility are met.
   (3) ALTERNATIVE SANCTIONS.-Each judicial circuit shall have an alternative sanctions coordinator who shall serve under the chief administrative judge of the juvenile division of the circuit court, and who shall coordinate and maintain a spectrum of contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c). Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community-service manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction. Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the Department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s. 768.28(11).
   (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE PROCESS.-
   (a) If a child is charged with direct contempt of court, including traffic court, the court may impose an authorized sanction immediately.
   (b) If a child is charged with indirect contempt of court, the court must hold a hearing within 24 hours to determine whether the child committed indirect contempt of a valid court order. At the hearing, the following due process rights must be provided to the child:
   1. Right to a copy of the order to show cause alleging facts supporting the contempt charge.
   2. Right to an explanation of the nature and the consequences of the proceedings.
   3. Right to legal counsel and the right to have legal counsel appointed by the court if the juvenile is indigent, pursuant to s. 985.033.
   4. Right to confront witnesses.
   5. Right to present witnesses.
   6. Right to have a transcript or record of the proceeding.
   7. Right to appeal to an appropriate court.

The child's parent or guardian may address the court regarding the due process rights of the child. The court shall review the placement of the child every 72 hours to determine whether it is appropriate for the child to remain in the facility.

   (c) The court may not order that a child be placed in a secure facility for punishment for contempt unless the court determines that an alternative sanction is inappropriate or unavailable or that the child was initially ordered to an alternative sanction and did not comply with the alternative sanction. The court is encouraged to order a child to perform community service, up to the maximum number of hours, where appropriate before ordering that the child be placed in a secure facility as punishment for contempt of court.
   (d) In addition to any other sanction imposed under this section, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend, a child's driver's license or driving privilege. The court may order that a child's driver's license or driving privilege be withheld or suspended for up to 1 year for a first offense of contempt and up to 2 years for a second or subsequent offense. If the child's driver's license or driving privilege is suspended or revoked for any reason at the time the sanction for contempt is imposed, the court shall extend the period of suspension or revocation by the additional period ordered under this paragraph. If the child's driver's license is being withheld at the time the sanction for contempt is imposed, the period of suspension or revocation ordered under this paragraph shall begin on the date on which the child is otherwise eligible to drive. For a child in need of services whose driver's license or driving privilege is suspended under this paragraph, the court may direct the Department of Highway Safety and Motor Vehicles to issue the child a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, or for the purpose of completing court-ordered community service, if the child is otherwise qualified for a license. However, the department may not issue a restricted license unless specifically ordered to do so by the court.
   (5) ALTERNATIVE SANCTIONS COORDINATOR.-There is created the position of alternative sanctions coordinator within each judicial circuit, pursuant to subsection (3). Each alternative sanctions coordinator shall serve under the direction of the chief administrative judge of the juvenile division as directed by the chief judge of the circuit. The alternative sanctions coordinator shall act as the liaison between the judiciary, local department officials, district school board employees, and local law enforcement agencies. The alternative sanctions coordinator shall coordinate within the circuit community-based alternative sanctions, including nonsecure detention programs, community service projects, and other juvenile sanctions, in conjunction with the circuit plan implemented in accordance with s. 790.22(4)(c).
Florida Statutes 984.086 - Children locked out of the home; interagency cooperationChapter 984 Table of ContentsFlorida Statutes 984.10 - Intake

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Florida Laws: Corrections

Florida Statutes > Chapter 941 - Corrections: Interstate Cooperation
Florida Statutes > Chapter 944 - State Correctional System
Florida Statutes > Chapter 945 - Department of Corrections
Florida Statutes > Chapter 946 - Inmate Labor and Correctional Work Programs
Florida Statutes > Chapter 950 - Jails and Jailers
Florida Statutes > Chapter 951 - County and Municipal Prisoners
Florida Statutes > Chapter 957 - Correctional Privatization
Florida Statutes > Chapter 961 - Victims of Wrongful Incarceration Compensation
Florida Statutes > Chapter 984 - Children and Families in Need of Services
Florida Regulations - Department of Corrections
Florida Regulations > Division 60AA - Correctional Privatization Commission

U.S. Code Provisions: Corrections

U.S. Code Title 18 > Part I > Chapter 85 - Prison-Made Goods
U.S. Code Title 18 > Part I > Chapter 87 - Prisons
U.S. Code > Title 18 > Part III - Prisons And Prisoners
U.S. Code Title 42 > Chapter 46 > Subchapter XX-B - Grant Program To Evaluate And Improve Educational Methods At Prisons, Jails, And Juvenile Facilities
U.S. Code > Title 42 > Chapter 147 - Prison Rape Elimination

Federal Regulations: Corrections

U.S. Code Title 18 > Part I > Chapter 85 - Prison-Made Goods
U.S. Code Title 18 > Part I > Chapter 87 - Prisons
U.S. Code > Title 18 > Part III - Prisons And Prisoners
U.S. Code Title 42 > Chapter 46 > Subchapter XX-B - Grant Program To Evaluate And Improve Educational Methods At Prisons, Jails, And Juvenile Facilities
U.S. Code > Title 42 > Chapter 147 - Prison Rape Elimination
Comments (2)add comment
jorge sanchez: ...
my x wife wife has file a violation of a restraint order saying that approached her car after bringing the children back from a visit. the restraint order does say that i do not knowingly approach her car. my x filed this violation after i filed a motion for custody of my son who is 15 1/2 yrs old. he does not want to live with mother anymore. in another page of the restraint order says that i can have peaceful contact with the mother. i have been walking the children back to her car every time for 7 1/2 yrs now and all of the sudden she files for a violation. if i am found guilty what can be the punishment for contempt of court or failure to obey the 100 feet stay away from her car. on many occasions in the past she has approached my car when she has asked me to meet at the exchange location to talk about the children when she argues with them. please reply, thanks
1

October 16, 2012

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