CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0344
Florida Senate - 1998 SB 344
By Senator Campbell
33-246A-98
1 A bill to be entitled
2 An act relating to juveniles; amending s.
3 985.215, F.S.; requiring arraignment of a
4 juvenile ordered into or held in secure,
5 nonsecure, or home detention care within a
6 specified time; amending s. 985.228, F.S., to
7 conform; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsection (5) of section 985.215, Florida
12 Statutes, is amended to read:
13 985.215 Detention.--
14 (5)(a) A child may not be placed into or held in
15 secure, nonsecure, or home detention care for longer than 24
16 hours unless the court orders such detention care, and the
17 order includes specific instructions that direct the release
18 of the child from such detention care, in accordance with
19 subsection (2). The order shall be a final order, reviewable
20 by appeal pursuant to s. 985.234 and the Florida Rules of
21 Appellate Procedure. Appeals of such orders shall take
22 precedence over other appeals and other pending matters.
23 (b) If a child is ordered to be placed into or held in
24 secure, nonsecure, or home detention care, the court shall
25 hold an arraignment on the charges that are the basis for the
26 detention within 48 hours after the detention order. The judge
27 may extend the time within which an arraignment must be held
28 for a period of up to 72 hours for good cause shown. The
29 adjudicatory hearing shall commence pursuant to paragraph (c).
30 (c)(b) A child may not be held in secure, nonsecure,
31 or home detention care under a special detention order for
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 344
33-246A-98
1 more than 21 days unless an adjudicatory hearing for the case
2 has been commenced by the court.
3 (d)(c) A child may not be held in secure, nonsecure,
4 or home detention care for more than 15 days following the
5 entry of an order of adjudication.
6 (e)(d) The time limits in paragraphs (b) and (c) and
7 (d) do not include periods of delay resulting from a
8 continuance granted by the court for cause on motion of the
9 child or his or her counsel or of the state. Upon the issuance
10 of an order granting a continuance for cause on a motion by
11 either the child, the child's counsel, or the state, the court
12 shall conduct a hearing at the end of each 72-hour period,
13 excluding Saturdays, Sundays, and legal holidays, to determine
14 the need for continued detention of the child and the need for
15 further continuance of proceedings for the child or the state.
16 Section 2. Subsection (1) of section 985.228, Florida
17 Statutes, is amended to read:
18 985.228 Adjudicatory hearings; withheld adjudications;
19 orders of adjudication.--
20 (1) The adjudicatory hearing must be held as soon as
21 practicable after the petition alleging that a child has
22 committed a delinquent act or violation of law is filed and in
23 accordance with the Florida Rules of Juvenile Procedure; but
24 reasonable delay for the purpose of investigation, discovery,
25 or procuring counsel or witnesses shall be granted. If the
26 child is being detained, the time limitations provided for in
27 s. 985.215(5)(c) and (d) s. 985.215(5)(b) and (c) apply.
28 Section 3. This act shall take effect July 1, 1998.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 344
33-246A-98
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2 SENATE SUMMARY
3 Requires an arraignment to be held within 48 hours for a
juvenile who is ordered to be placed into or to be held
4 in secure, nonsecure, or home detention care unless the
judge, for good cause, extends that time for up to an
5 additional 72 hours.
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