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2016 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985 JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES Entire Chapter
SECTION 24
Use of detention; prohibitions.
F.S. 985.24
985.24 Use of detention; prohibitions.—
(1) All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:
(a) Presents a substantial risk of not appearing at a subsequent hearing;
(b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession of a firearm;
(c) Presents a history of committing a property offense prior to adjudication, disposition, or placement;
(d) Has committed contempt of court by:
1. Intentionally disrupting the administration of the court;
2. Intentionally disobeying a court order; or
3. Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or
(e) Requests protection from imminent bodily harm.
(2) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or nonsecure detention care for any of the following reasons:
(a) To allow a parent to avoid his or her legal responsibility.
(b) To permit more convenient administrative access to the child.
(c) To facilitate further interrogation or investigation.
(d) Due to a lack of more appropriate facilities.
(3) A child alleged to be dependent under chapter 39 may not, under any circumstances, be placed into secure detention care.
(4) The department may, within its existing resources, develop nonsecure, nonresidential evening reporting centers as an alternative to placing a child in secure detention. Evening reporting centers may be collocated with a juvenile assessment center. If established, evening reporting centers shall serve children and families who are awaiting a child’s court hearing and, at a minimum, operate during the afternoon and evening hours to provide a highly structured program of supervision. Evening reporting centers may also provide academic tutoring, counseling, family engagement programs, and other activities.
(5) The department shall continue to identify alternatives to secure detention care and shall develop such alternatives and annually submit them to the Legislature for authorization and appropriation.
History.—s. 5, ch. 90-208; s. 3, ch. 93-408; ss. 29, 30, ch. 94-209; ss. 21, 22, ch. 97-238; s. 80, ch. 98-280; s. 31, ch. 2006-120; s. 14, ch. 2014-162.
Note.—Subsection (1) former s. 39.042(1); s. 985.213(1). Subsections (2), (3) former s. 39.043; s. 985.214. Subsection (4) former s. 39.042(4); s. 985.213(4).