The 2023 Florida Statutes (including Special Session C)
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. . . circuit court may place Petitioner in a consequence unit or in nonsecure detention in accordance with § 985.255 . . .
. . . On February 15, 2018, the trial court conducted a hearing in accordance with section 985.255(1) of the . . . See §§ 985.25(1), 985.255(1), Fla. Stat. (2017). . . . Section 985.255 sets forth juvenile detention criteria. . . . had failed to appear for an adjudicatory hearing (section 985.255(1)(i) ). . . . Is found to have been in possession of a firearm. § 985.255(1)(g), Fla. Stat. (2017). . . .
. . . Within twenty-four hours, the trial court shall hold a second hearing pursuant to section 985.255(3)( . . . that the child has committed the delinquent act or violation of law that he or she is charged with." § 985.255 . . .
. . . However, section 985.255 permits the court to otherwise order secure detention based upon written findings . . . See § 985.255, Fla. Stat. (2016). . . .
. . . Based on O.A.’s detention-status score, the trial judge ordered home detention for O.A. under section 985.255 . . .
. . . because she violated her probation she qualified for home detention regardless of her RAI score, see § 985.255 . . .
. . . See §§ 985.255(S)(a), 985.245(l)-(2), Florida Statutes (2014). . . .
. . . The Fourth District relied on section 985.255(3)(a), Florida Statutes (2011), for the proposition that . . . Thus, section 985.255(1) presupposes the existence of a qualifying risk assessment instrument, not just . . . The situations where a juvenile may be detained listed in section 985.255(1) overlap with the situations . . . Section 985.255(3)(a), Florida Statutes (2011), states that except for situations where the child is . . . This element of the form RAI is in line with the provisions of section 985.255(l)(h), Florida Statutes . . .
. . . See § 985.255, Fla. Stat. (2012) (setting forth detention criteria). . . . Section 985.255(l)(a) pertains to a juvenile alleged to be an escapee from a residential commitment program . . . based on the results of a risk assessment instrument (“RAI”) and on the criteria of subsection (1). § 985.255 . . . the court must conduct a detention hearing and comply with the requirements and criteria of section 985.255 . . . detention, and the court did not provide clear and convincing written reasons for departing from the RAI. § 985.255 . . .
. . . on a risk assessment of the child, unless the child is placed into detention care as provided in s.985.255 . . . Section 985.255(2), Florida Statutes, relates to domestic violence charges and is not applicable in this . . .
. . . Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue . . . We agree that section 985.255(1) permits the court to continue detention as established by the probation . . . Thus, section 985.255(1) presupposes the existence of a qualifying risk assessment instrument, not just . . . See also § 985.255(l)(a)-(j). . . . See also § 985.255(l)(h). . . .
. . . on a risk assessment of the child, unless the child is placed into detention care as provided in s. 985.255 . . .
. . . used in determining whether absconder points can be assessed against a juvenile pursuant to section 985.255 . . . See § 985.255(l)(a), (3)(a). . . .
. . . See Sections 39.402(8)(a), 984.14(4), and 985.255(3)(a), Florida Statutes (2011). . . .
. . . We grant the petition, finding that section 985.255(l)(h), Florida Statutes (2011), does not permit home . . . statutory procedures and in these circumstances could not order detention absent a qualifying RAI score. § 985.255 . . . Section 985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles . . . section permits a court to continue detention required by the juvenile probation officer during intake. § 985.255 . . . Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue . . .
. . . If a juvenile qualifies for detention under the “admission criteria” of the RAI and subsections 985.255 . . . Section 985.255(1) provides that a child placed on home detention may continue to be detained if the . . . Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency . . .
. . . sufficient points under the corrected RAI and no other criteria for detention is found pursuant to section 985.255 . . .
. . . court, arguing that their detention was illegal because the circuit court failed to comply with section 985.255 . . .
. . . . § 985.255(2), Fla. Stat. (2010). . . . instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255 . . . following the date of issuance of this opinion, either to enter a written order in accordance with section 985.255 . . . following the date of issuance of the opinion, either to enter a written order in accordance with section 985.255 . . .
. . . See § 985.255(1)(a), Fla. Stat. (2009). . . .
. . . The statutory authority for holding M.F. in secure detention emanates from section 985.255(l)(i), Florida . . . Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency . . .
. . . See § 985.255(l)(g)(l) Fla. Stat. (2009). . . .
. . . Florida Statute Section 985.255(3)(b) states, “[i]f the court orders a placement more restrictive than . . .
. . . The State relies on section 985.255(l)(f), Florida Statutes (2008), which provides that a child’s continued . . . While this is true, the statute also provides that where a juvenile is detained pursuant to section 985.255 . . . and, based on the criteria in subsection (1), shall determine the need for continued detention.” § 985.255 . . . A.M. was not detained under paragraph (l)(d) or paragraph (l)(e) of section 985.255, he was detained . . . instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255 . . .
. . . See § 985.255(2), Fla. Stat. (2008). . . . However, the statute that applies to this situation, section 985.255(2), Florida Statutes (2008), requires . . . may not be held in detention care beyond the time limits set forth in this section or s. 985.26. § 985.255 . . .
. . . . § 985.255(3)(a). . . . . § 985.255(2). . . . We conclude that sections 985.255(2) and 985.26(2) clearly prohibit the trial court from ordering that . . .
. . . See B.M., 979 So.2d at 310 (“Absent a statutory exception, see § 985.255(2), Fla. . . . Of course, the plain language of the statute to which the court was alluding, section 985.255(l)(i), . . . The judge had no authority to hold C.B. under section 985.255(1)©. See A.K., 951 So.2d at 991. . . . It is clear to us from the transcript of the June 6 hearing that the judge’s invocation of section 985.255 . . . Section 985.255(l)(i) reads: (1) [A] child taken into custody and placed into nonsecure or home detention . . .
. . . Section 985.255(l)(g), Florida Statutes, provides, in pertinent part: The child is charged with any second . . . properly determined that M.G.’s arrest for grand theft auto qualifies him for detention under section 985.255 . . .
. . . If a juvenile qualifies for detention under the “admission criteria” of the RAJ and subsections 985.255 . . . Among the admission criteria set forth in subsections 985.255(l)(a) through (j), the only one applicable . . . Although section 985.255(3) (b) allows a placement more restrictive than that indicated by the RAI if . . . unit nor electronic monitoring for home detention, the two forms of detention prescribed by section 985.255 . . .
. . . . § 985.255, Fla. Stat. (2007). . . .
. . . .” § 985.255(3)(b). . . . asks this court to remand for the trial court to render a written order in accordance with section 985.255 . . .
. . . Absent a statutory exception, see § 985.255(2), Fla. . . . well as “disregard of the Court process” were sufficient to justify secure detention under section 985.255 . . . However, section 985.255(3)(b) of the Florida Statutes (2007), in which the State seeks solace in this . . . instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255 . . .
. . . Detention for such an offense is authorized under section 985.255(l)(d), Florida Statutes (2006). . . .
. . . See § 985.255(2), (3)(b), Fla. Stat. (2006); M.P. v. . . .
. . . However, a specific provision in section 985.255(2) authorizes the court to place a child charged with . . . Section 985.255(3)(b) directs that “[i]f the court orders a placement more restrictive than indicated . . . Section 985.255(2) provides for the detention of a child charged with domestic violence only for a limited . . . It is necessary to place the child in secure detention in order to protect the victim from injury. § 985.255 . . . either of the findings that would be required to continue the child’s secure detention under section 985.255 . . .
. . . grant the petitioner’s motion for clarification and write to clarify our interpretation of section 985.255 . . . When the petitioner in this proceeding was charged with domestic violence battery, section 985.255(2) . . . Because the text of section 985.255(2) is identical to the text that was found in section 985.213(2), . . . relates to the issue in this proceeding was removed from section 985.245 and was transferred to section 985.255 . . .
. . . that he is being illegally detained pursuant to an order of secure detention, in violation of section 985.255 . . . See § 985.255(3)(b), Fla. Stat. (2006). . . . the trial court to either enter an order providing written reasons sufficient to comply with section 985.255 . . .
. . . failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255 . . .
. . . Florida Statutes, section 985.255(1) provides, in pertinent part, that: (1) Subject to s. 985.25(1), . . . See also § 985.255(1)(j), Fla. Stat. (2007). . . .
. . . Jan. 1, 2007, renumbering section 985.215 as sections 985.25 and 985.255. . . . section 985.215 in this opinion, after Jan. 1, 2007, the language at issue will appear as part of section 985.255 . . . These provisions will appear in section 985.25(1) and 985.255(3) respectively in the 2006 Florida Statutes . . .