The Florida Senate

¹985.215  Detention.--

(1)  The juvenile probation officer shall receive custody of a child who has been taken into custody from the law enforcement agency and shall review the facts in the law enforcement report or probable cause affidavit and make such further inquiry as may be necessary to determine whether detention care is required.

(a)  During the period of time from the taking of the child into custody to the date of the detention hearing, the initial decision as to the child's placement into secure detention care, nonsecure detention care, or home detention care shall be made by the juvenile probation officer pursuant to ss. 985.213 and 985.214.

(b)  The juvenile probation officer shall base the decision whether or not to place the child into secure detention care, home detention care, or nonsecure detention care on an assessment of risk in accordance with the risk assessment instrument and procedures developed by the Department of Juvenile Justice under s. 985.213. However, a child charged with possessing or discharging a firearm on school property in violation of s. 790.115 shall be placed in secure detention care.

(c)  If the juvenile probation officer determines that a child who is eligible for detention based upon the results of the risk assessment instrument should be released, the juvenile probation officer shall contact the state attorney, who may authorize release. If detention is not authorized, the child may be released by the juvenile probation officer in accordance with s. 985.211.

Under no circumstances shall the juvenile probation officer or the state attorney or law enforcement officer authorize the detention of any child in a jail or other facility intended or used for the detention of adults, without an order of the court.

(2)  Subject to the provisions of subsection (1), a child taken into custody and placed into nonsecure or home detention care or detained in secure detention care prior to a detention hearing may continue to be detained by the court if:

(a)  The child is alleged to be an escapee or an absconder from a commitment program, a community control program, furlough, or aftercare supervision, or is alleged to have escaped while being lawfully transported to or from such program or supervision.

(b)  The child is wanted in another jurisdiction for an offense which, if committed by an adult, would be a felony.

(c)  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.

(d)  The child is charged with committing an offense of domestic violence as defined in s. 741.28(1) and is detained as provided in s. 985.213(2)(b)3.

(e)  The child is charged with possession or discharging a firearm on school property in violation of s. 790.115.

(f)  The child is charged with a capital felony, a life felony, a felony of the first degree, a felony of the second degree that does not involve a violation of chapter 893, or a felony of the third degree that is also a crime of violence, including any such offense involving the use or possession of a firearm.

(g)  The child is charged with any second degree or third degree felony involving a violation of chapter 893 or any third degree felony that is not also a crime of violence, and the child:

1.  Has a record of failure to appear at court hearings after being properly notified in accordance with the Rules of Juvenile Procedure;

2.  Has a record of law violations prior to court hearings;

3.  Has already been detained or has been released and is awaiting final disposition of the case;

4.  Has a record of violent conduct resulting in physical injury to others; or

5.  Is found to have been in possession of a firearm.

(h)  The child is alleged to have violated the conditions of the child's community control or aftercare supervision. However, a child detained under this paragraph may be held only in a consequence unit as provided in s. 985.231(1)(a)1.c. If a consequence unit is not available, the child shall be placed on home detention with electronic monitoring.

A child who meets any of these criteria and who is ordered to be detained pursuant to this subsection shall be given a hearing within 24 hours after being taken into custody. The purpose of the detention hearing is to determine the existence of probable cause that the child has committed the delinquent act or violation of law with which he or she is charged and the need for continued detention. Unless a child is detained under paragraph (d) or paragraph (e), the court shall utilize the results of the risk assessment performed by the juvenile probation officer and, based on the criteria in this subsection, shall determine the need for continued detention. A child placed into secure, nonsecure, or home detention care may continue to be so detained by the court pursuant to this subsection. 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. Except as provided in s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph (10)(d), when a child is placed into secure or nonsecure 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 paragraph (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1., whichever is applicable, unless the requirements of such applicable provision have been met or an order of continuance has been granted pursuant to paragraph (5)(d).

(3)  Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the same offense or transaction as the child.

(4)  The court shall order the delivery of a child to a jail or other facility intended or used for the detention of adults:

(a)  When the child has been transferred or indicted for criminal prosecution as an adult pursuant to this part, except that the court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution pursuant to either s. 985.226 or s. 985.227 to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention facility; or

(b)  When a child taken into custody in this state is wanted by another jurisdiction for prosecution as an adult.

The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trustees. "Regular contact" means sight and sound contact. Separation of children from adults shall permit no more than haphazard or accidental contact. The receiving jail or other facility shall contain a separate section for children and shall have an adequate staff to supervise and monitor the child's activities at all times. Supervision and monitoring of children includes physical observation and documented checks by jail or receiving facility supervisory personnel at intervals not to exceed 15 minutes. This ²paragraph does not prohibit placing two or more children in the same cell. Under no circumstances shall a child be placed in the same cell with an adult.

(5)(a)  A child may not be placed into or held in secure, nonsecure, or home detention care for longer than 24 hours unless the court orders such detention care, and the order includes specific instructions that direct the release of the child from such detention care, in accordance with subsection (2). The order shall be a final order, reviewable by appeal pursuant to s. 985.234 and the Florida Rules of Appellate Procedure. Appeals of such orders shall take precedence over other appeals and other pending matters.

(b)  A child may not be held in secure, nonsecure, or home detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced by the court.

(c)  A child may not be held in secure, nonsecure, or home detention care for more than 15 days following the entry of an order of adjudication.

(d)  The time limits in paragraphs (b) and (c) do not include periods of delay resulting from a continuance granted by the court for cause on motion of the child or his or her counsel or of the state. Upon the issuance of an order granting a continuance for cause on a motion by either the child, the child's counsel, or the state, the court shall conduct a hearing at the end of each 72-hour period, excluding Saturdays, Sundays, and legal holidays, to determine the need for continued detention of the child and the need for further continuance of proceedings for the child or the state.

(6)  When any child is placed into secure, nonsecure, or home detention care or into other placement pursuant to a court order following a detention hearing, the court shall order the natural or adoptive parents of such child, the natural father of such child born out of wedlock who has acknowledged his paternity in writing before the court, or the guardian of such child's estate, if possessed of assets which under law may be disbursed for the care, support, and maintenance of the child, to pay to the Department of Juvenile Justice, or institution having custody of the child, fees equal to the actual cost of the care, support, and maintenance of the child, as established by the Department of Juvenile Justice, unless the court determines that the parent or guardian of the child is indigent. The court may reduce the fees or waive the fees upon a showing by the parent or guardian of an inability to pay the full cost of the care, support, and maintenance of the child. In addition, the court may waive the fees if it finds that the child's parent or guardian was the victim of the child's delinquent act or violation of law or if the court finds that the parent or guardian has made a diligent and good faith effort to prevent the child from engaging in the delinquent act or violation of law. With respect to a child who has been found to have committed a delinquent act or violation of law, whether or not adjudication is withheld, and whose parent or guardian receives public assistance for any portion of that child's care, the department must seek a federal waiver to garnish or otherwise order the payments of the portion of the public assistance relating to that child to offset the costs of providing care, custody, maintenance, rehabilitation, intervention, or corrective services to the child. When the order affects the guardianship estate, a certified copy of the order shall be delivered to the judge having jurisdiction of the guardianship estate. The department may employ a collection agency for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected.

(7)  If a child is detained and a petition for delinquency is filed, the child shall be arraigned in accordance with the Florida Rules of Juvenile Procedure within 48 hours after the filing of the petition for delinquency.

(8)  If a child is detained pursuant to this section, the Department of Juvenile Justice may transfer the child from nonsecure or home detention care to secure detention care only if significantly changed circumstances warrant such transfer.

(9)  If a child is on release status and not detained pursuant to this section, the child may be placed into secure, nonsecure, or home detention care only pursuant to a court hearing in which the original risk assessment instrument, rescored based on newly discovered evidence or changed circumstances with the results recommending detention, is introduced into evidence.

(10)(a)1.  When a child is committed to the Department of Juvenile Justice awaiting dispositional placement, removal of the child from detention care shall occur within 5 days, excluding Saturdays, Sundays, and legal holidays. Any child held in secure detention during the 5 days must meet detention admission criteria pursuant to this section. If the child is committed to a moderate-risk residential program, the department may seek an order from the court authorizing continued detention for a specific period of time necessary for the appropriate residential placement of the child. However, such continued detention in secure detention care may not exceed 15 days after commitment, excluding Saturdays, Sundays, and legal holidays, and except as otherwise provided in this subsection.

2.  The court must place all children who are adjudicated and awaiting placement in a residential commitment program in detention care. Children who are in home detention care or nonsecure detention care may be placed on electronic monitoring. A child committed to a moderate-risk residential program may be held in a juvenile assignment center pursuant to s. 985.307 until placement or commitment is accomplished.

(b)  A child who is placed in home detention care, nonsecure detention care, or home or nonsecure detention care with electronic monitoring, while awaiting placement in a low-risk or moderate-risk program, may be held in secure detention care for 5 days, if the child violates the conditions of the home detention care, the nonsecure detention care, or the electronic monitoring agreement. For any subsequent violation, the court may impose an additional 5 days in secure detention care.

(c)  If the child is committed to a high-risk residential program, the child must be held in detention care or in a juvenile assignment center pursuant to s. 985.307 until placement or commitment is accomplished.

(d)  If the child is committed to a maximum-risk residential program, the child must be held in detention care or in an assignment center pursuant to s. 985.307 until placement or commitment is accomplished.

(e)  Upon specific appropriation, the department may obtain comprehensive evaluations, including, but not limited to, medical, academic, psychological, behavioral, sociological, and vocational needs of a youth with multiple arrests for all level criminal acts or a youth committed to a minimum-risk or low-risk commitment program.

(11)(a)  When a juvenile sexual offender is placed in detention, detention staff shall provide appropriate monitoring and supervision to ensure the safety of other children in the facility.

(b)  When a juvenile sexual offender, pursuant to this subsection, is released from detention or transferred to home detention or nonsecure detention, detention staff shall immediately notify the appropriate law enforcement agency and school personnel.

History.--s. 5, ch. 90-208; s. 4, ch. 92-79; s. 6, ch. 92-287; s. 31, ch. 94-209; s. 1343, ch. 95-147; s. 2, ch. 95-266; ss. 10, 42, 44, ch. 95-267; s. 51, ch. 96-175; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 2, ch. 97-281; s. 13, ch. 98-207; s. 4, ch. 99-284.

¹Note.--

A.  Section 8, ch. 98-186, provides that:

"As used in this act, the term:

"(1)  'Detention center or other commitment facility' means a facility used for the intake, supervision, custody, care, or treatment of children who are alleged to be or who have been found to be delinquent. The term includes, but is not limited to, facilities used for the commitment of adjudicated delinquents, facilities used pending court adjudication or disposition or execution of a court order for the temporary care of children alleged or found to have committed a violation of law, detention centers, halfway houses, shelters, residential sex offender programs, substance abuse residential programs, boot camps, START Centers, training schools, and wilderness programs.

"(2)  'Orlando Regional Juvenile Detention Center' or 'center' means the property leased by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the former Department of Health and Rehabilitative Services under lease agreement number 2906 rendered December 10, 1976, which is described in the lease agreement as follows: For a Point of Beginning commence at the South 1/4 corner of Section 6, township 23 South, Range 30 East; Run thence S 89°39'04" W along the south line of the SW 1/4 of said Section 6 a distance of 1055.00 feet; Run thence N 00°00'14" E a distance of 300 feet; Run thence N 89°39'04" a distance of 405.00 feet; Run thence N 00°00'14" E a distance of 75.00 feet; Run thence N 89°39'04" E a distance of 300.00 feet; Run thence N 00°00'14" E a distance of 225.00 feet; Run thence N 89°39'04" E a distance of 350.00 feet to the east line of said SW 1/4; Run thence S 00°00'14" W along said east line a distance of 600.00 feet to the Point of Beginning; LESS the south 30 feet thereof and less the east 30 feet thereof for road right-of-way; All being and lying in Orange County, Florida, and containing 9.074 acres, more or less.

"(3)  'State agency' means any department or departmental unit, as described in s. 20.04, Florida Statutes, or any commission, board, authority, agency, or other unit of state government and specifically includes the Department of Juvenile Justice, the Department of Corrections, and the Department of Children and Family Services. The term does not include any county or municipality."

B.  Section 9, ch. 98-186, provides that:

"(1)  No state agency may expand the existing Orlando Regional Juvenile Detention Center to include property contiguous to the existing center.

"(2)  No state agency may build a new detention center or other commitment facility on property contiguous to the existing center.

"(3)  No state agency may use property contiguous to the existing center for the purpose of operating a detention center or other commitment facility."

C.  Section 53, ch. 99-284, provides that "[t]he Department of Education shall work in consultation with the Department of Juvenile Justice and the local school districts to develop a plan for educational programs in detention centers. The plan shall reflect the unique needs, variability in lengths of stay, and diversity of youth assigned to juvenile justice detention centers, and instructional strategies to improve student achievement. The plan shall anticipate the use of all state and local funding categories available to ensure the success of students who are being educated in juvenile justice facilities. The plan shall provide for appropriate performance outcome measures. The plan shall be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate prior to January 1, 2000, and shall include appropriate cost estimates."

²Note.--The reference to "this paragraph" is not included within one of the paragraphs in subsection (4).

Note.--Former s. 39.044.