Florida Statutes 985.24 – Use of detention; prohibitions
Current as of: 2024 | Check for updates
|
Other versions
(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;
Terms Used In Florida Statutes 985.24
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Dependent: A person dependent for support upon another.
- 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
- Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. 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
(b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession or use 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 who is placed on supervised release detention care may be required to comply with any available condition established by the department or ordered by the court, including electronic monitoring, if the court finds such a condition is necessary to preserve public safety or to ensure the child’s safety or appearance in court.
(3) A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release 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.
(4) A child who is alleged to be dependent under chapter 39, but who is not alleged to have committed a delinquent act or violation of law, may not, under any circumstances, be placed into secure detention care.
(5) The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.