The Florida Senate

985.313  Maximum-risk residential program.--A maximum-risk residential program is a physically secure residential commitment program with a designated length of stay from 18 months to 36 months, primarily serving children 13 years of age to 19 years of age, or until the jurisdiction of the court expires. The court may retain jurisdiction over the child until the child reaches the age of 21, specifically for the purpose of the child completing the program. Each child committed to this level must meet one of the following criteria:

(1)  The youth is at least 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for:

(a)  Arson;

(b)  Sexual battery;

(c)  Robbery;

(d)  Kidnapping;

(e)  Aggravated child abuse;

(f)  Aggravated assault;

(g)  Aggravated stalking;

(h)  Murder;

(i)  Manslaughter;

(j)  Unlawful throwing, placing, or discharging of a destructive device or bomb;

(k)  Armed burglary;

(l)  Aggravated battery;

(m)  Lewd or lascivious assault or act in the presence of a child; or

(n)  Carrying, displaying, using, threatening to use, or attempting to use a weapon or firearm during the commission of a felony.

(2)  The youth is at least 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed three or more times to a delinquency commitment program.

(3)  The youth is at least 13 years of age and is currently committed for a felony offense and transferred from a moderate-risk or high-risk residential commitment placement.

¹(4)  The youth is at least 13 years of age at the time of the disposition for the current offense, the youth is eligible for prosecution as an adult for the current offense, and the current offense is ranked at level 7 or higher on the sentencing guidelines offense severity ranking chart pursuant to s. 921.0012.

History.--s. 47, ch. 94-209; s. 15, ch. 95-267; s. 9, ch. 96-398; s. 10, ch. 97-194; s. 57, ch. 97-238.

¹Note.--Section 10, ch. 97-194, amended subsection (4), effective October 1, 1998, to read:

(4)  The youth is at least 13 years of age at the time of the disposition for the current offense, the youth is eligible for prosecution as an adult for the current offense, and the current offense is ranked at level 7 or higher on the Criminal Punishment Code offense severity ranking chart pursuant to s. 921.0022.

Note.--Former s. 39.0581.