(1) Subject to s. 985.25(1), a child taken into custody and placed into detention care shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order a continued detention status if:

(a) The result of the risk assessment instrument pursuant to s. 985.245 indicates secure or supervised release detention.
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Florida Statutes 985.255

  • Adjudicatory hearing: means a hearing for the court to determine whether or not the facts support the allegations stated in the petition, as is provided for under…. See Florida Statutes 985.03
  • Adult: means any natural person other than a child. See Florida Statutes 985.03
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessment: means the gathering of information for the evaluation of a juvenile offender's or a child's physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. See Florida Statutes 985.03
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Conditional release: means the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. See Florida Statutes 985.03
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated. See Florida Statutes 985.03
  • delinquent act: means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult. See Florida Statutes 985.03
  • Department: means the Department of Juvenile Justice. See Florida Statutes 985.03
  • Detention care: means the temporary care of a child in secure or supervised release detention, pending a court adjudication or disposition or execution of a court order. See Florida Statutes 985.03
  • Detention hearing: means a hearing for the court to determine if a child should be placed in temporary custody, as provided for under part V in delinquency cases. See Florida Statutes 985.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Respite: means a placement that is available for the care, custody, and placement of a youth charged with domestic violence as an alternative to secure detention or for placement of a youth when a shelter bed for a child in need of services or a family in need of services is unavailable. See Florida Statutes 985.03
  • Secure detention: means temporary custody of the child while the child is under the physical restriction of a secure detention center or facility pending adjudication, disposition, or placement. See Florida Statutes 985.03
  • Supervised release detention: means temporary, nonsecure custody of the child while the child is released to the custody of the parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the department staff pending adjudication or disposition, through programs that include, but are not limited to, electronic monitoring, day reporting centers, and nonsecure shelters. See Florida Statutes 985.03
  • Taken into custody: means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release, detention, placement, or other disposition as authorized by law. See Florida Statutes 985.03
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) The child is alleged to be an escapee from a residential commitment program; or an absconder from a nonresidential commitment program, a probation program, or conditional release supervision; or is alleged to have escaped while being lawfully transported to or from a residential commitment program.
(c) The child is wanted in another jurisdiction for an offense which, if committed by an adult, would be a felony.
(d) The child is charged with a delinquent act or violation of law and requests in writing through legal counsel to be detained for protection from an imminent physical threat to his or her personal safety.
(e) The child is detained on a judicial order for failure to appear and has previously willfully failed to appear, after proper notice:

1. For an adjudicatory hearing on the same case regardless of the results of the risk assessment instrument; or
2. At two or more court hearings of any nature on the same case regardless of the results of the risk assessment instrument.

A child may be held in secure detention for up to 72 hours in advance of the next scheduled court hearing pursuant to this paragraph. The child’s failure to keep the clerk of court and defense counsel informed of a current and valid mailing address where the child will receive notice to appear at court proceedings does not provide an adequate ground for excusal of the child’s nonappearance at the hearings.

(f) The child is a prolific juvenile offender. A child is a prolific juvenile offender if the child:

1. Is charged with a delinquent act that would be a felony if committed by an adult;
2. Has been adjudicated or had adjudication withheld for a felony offense, or delinquent act that would be a felony if committed by an adult, before the charge under subparagraph 1.; and
3. In addition to meeting the requirements of subparagraphs 1. and 2., has five or more of any of the following, at least three of which must have been for felony offenses or delinquent acts that would have been felonies if committed by an adult:

a. An arrest event for which a disposition, as defined in s. 985.26, has not been entered;
b. An adjudication; or
c. An adjudication withheld.

As used in this subparagraph, the term “arrest event” means an arrest or referral for one or more criminal offenses or delinquent acts arising out of the same episode, act, or transaction.

(2) A child who is charged with committing an offense that is classified as an act of domestic violence as defined in s. 741.28 and whose risk assessment instrument indicates secure detention is not appropriate may be held in secure detention if the court makes specific written findings that:

(a) Respite care for the child is not available.
(b) It is necessary to place the child in secure detention in order to protect the victim from injury.

The child may not be held in secure detention under this subsection for more than 48 hours unless ordered by the court. After 48 hours, the court shall hold a hearing if the state attorney or victim requests that secure detention be continued. The child may continue to be held in detention care if the court makes a specific, written finding that detention care is necessary to protect the victim from injury. However, the child may not be held in detention care beyond the time limits set forth in this section or s. 985.26.

(3)(a) The purpose of the detention hearing required under subsection (1) is to determine the existence of probable cause that the child has committed the delinquent act or violation of law that he or she is charged with and the need for continued detention. The court shall use the results of the risk assessment performed by the department and, based on the criteria in subsection (1), shall determine the need for continued detention. If the child is a prolific juvenile offender who is detained under s. 985.26(2)(c), the court shall use the results of the risk assessment performed by the department and the criteria in subsection (1) or subsection (2) only to determine whether the prolific juvenile offender should be held in secure detention.
(b) If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.
(c) Except as provided in s. 790.22(8) or s. 985.27, when a child is placed into detention care, or into a respite home or other placement pursuant to a court order following a hearing, the court order must include specific instructions that direct the release of the child from such placement no later than 5 p.m. on the last day of the detention period specified in s. 985.26 or 1s. 985.27, whichever is applicable, unless the requirements of such applicable provision have been met or an order of continuance has been granted under s. 985.26(4). If the court order does not include a release date, the release date shall be requested from the court on the same date that the child is placed in detention care. If a subsequent hearing is needed to provide additional information to the court for safety planning, the initial order placing the child in detention care shall reflect the next detention review hearing, which shall be held within 3 calendar days after the child’s initial detention placement.
  Previous section
Next section  
 Part V Contents