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Florida Statute 985.255 | Lawyer Caselaw & Research
F.S. 985.255 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
F.S. 985.255
985.255 Detention criteria; detention hearing.
(1) Subject to s. 985.25(1), a child taken into custody and placed into detention care shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order a continued detention status if:
(a) The result of the risk assessment instrument pursuant to s. 985.245 indicates secure or supervised release detention.
(b) The child is alleged to be an escapee from a residential commitment program; or an absconder from a nonresidential commitment program, a probation program, or conditional release supervision; or is alleged to have escaped while being lawfully transported to or from a residential commitment program.
(c) The child is wanted in another jurisdiction for an offense which, if committed by an adult, would be a felony.
(d) 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.
(e) The child is detained on a judicial order for failure to appear and has previously willfully failed to appear, after proper notice:
1. For an adjudicatory hearing on the same case regardless of the results of the risk assessment instrument; or
2. At two or more court hearings of any nature on the same case regardless of the results of the risk assessment instrument.

A child may be held in secure detention for up to 72 hours in advance of the next scheduled court hearing pursuant to this paragraph. The child’s failure to keep the clerk of court and defense counsel informed of a current and valid mailing address where the child will receive notice to appear at court proceedings does not provide an adequate ground for excusal of the child’s nonappearance at the hearings.

(f) The child is a prolific juvenile offender. A child is a prolific juvenile offender if the child:
1. Is charged with a delinquent act that would be a felony if committed by an adult;
2. Has been adjudicated or had adjudication withheld for a felony offense, or delinquent act that would be a felony if committed by an adult, before the charge under subparagraph 1.; and
3. In addition to meeting the requirements of subparagraphs 1. and 2., has five or more of any of the following, at least three of which must have been for felony offenses or delinquent acts that would have been felonies if committed by an adult:
a. An arrest event for which a disposition, as defined in s. 985.26, has not been entered;
b. An adjudication; or
c. An adjudication withheld.

As used in this subparagraph, the term “arrest event” means an arrest or referral for one or more criminal offenses or delinquent acts arising out of the same episode, act, or transaction.

(2) A child who is charged with committing an offense that is classified as an act of domestic violence as defined in s. 741.28 and whose risk assessment instrument indicates secure detention is not appropriate may be held in secure detention if the court makes specific written findings that:
(a) Respite care for the child is not available.
(b) It is necessary to place the child in secure detention in order to protect the victim from injury.

The child may not be held in secure detention under this subsection for more than 48 hours unless ordered by the court. After 48 hours, the court shall hold a hearing if the state attorney or victim requests that secure detention be continued. The child may continue to be held in detention care if the court makes a specific, written finding that detention care is necessary to protect the victim from injury. However, the child may not be held in detention care beyond the time limits set forth in this section or s. 985.26.

(3)(a) The purpose of the detention hearing required under subsection (1) is to determine the existence of probable cause that the child has committed the delinquent act or violation of law that he or she is charged with and the need for continued detention. The court shall use the results of the risk assessment performed by the department and, based on the criteria in subsection (1), shall determine the need for continued detention. If the child is a prolific juvenile offender who is detained under s. 985.26(2)(c), the court shall use the results of the risk assessment performed by the department and the criteria in subsection (1) or subsection (2) only to determine whether the prolific juvenile offender should be held in secure detention.
(b) 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.
(c) Except as provided in s. 790.22(8) or s. 985.27, when a child is placed into 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 s. 985.26 or 1s. 985.27, whichever is applicable, unless the requirements of such applicable provision have been met or an order of continuance has been granted under s. 985.26(4). If the court order does not include a release date, the release date shall be requested from the court on the same date that the child is placed in detention care. If a subsequent hearing is needed to provide additional information to the court for safety planning, the initial order placing the child in detention care shall reflect the next detention review hearing, which shall be held within 3 calendar days after the child’s initial detention placement.
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. 10, ch. 95-267; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 4, ch. 99-284; s. 9, ch. 2000-134; s. 24, ch. 2000-135; s. 37, ch. 2001-64; s. 19, ch. 2001-125; s. 17, ch. 2002-55; s. 4, ch. 2005-263; s. 34, ch. 2006-120; s. 17, ch. 2014-162; ss. 3, 13, ch. 2017-164; s. 9, ch. 2018-86.
1Note.The time period for release was deleted from referenced s. 985.27 by s. 6, ch. 2017-164.
Note.Former s. 39.044(2); s. 985.215(2).

F.S. 985.255 on Google Scholar

F.S. 985.255 on Casetext

Amendments to 985.255


Arrestable Offenses / Crimes under Fla. Stat. 985.255
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.255.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. P. s v. C. JUDD, Jr. s, 269 So. 3d 535 (Fla. App. Ct. 2019)

. . . circuit court may place Petitioner in a consequence unit or in nonsecure detention in accordance with § 985.255 . . .

A. A. a S. F. a N. A. a v. STATE, 271 So. 3d 87 (Fla. App. Ct. 2019)

. . . 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). . . .

J. S. s v. SEEBER, s, 242 So. 3d 1069 (Fla. App. Ct. 2018)

. . . 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 . . .

T. M. a v. STATE, 227 So. 3d 745 (Fla. Dist. Ct. App. 2017)

. . . However, section 985.255 permits the court to otherwise order secure detention based upon written findings . . . See § 985.255, Fla. Stat. (2016). . . .

O. A. a v. STATE, 146 So. 3d 135 (Fla. Dist. Ct. App. 2014)

. . . Based on O.A.’s detention-status score, the trial judge ordered home detention for O.A. under section 985.255 . . .

B. R. a v. STATE, 145 So. 3d 196 (Fla. Dist. Ct. App. 2014)

. . . because she violated her probation she qualified for home detention regardless of her RAI score, see § 985.255 . . .

A. M. a v. STATE, 147 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . See §§ 985.255(S)(a), 985.245(l)-(2), Florida Statutes (2014). . . .

STATE v. S. M. a, 131 So. 3d 780 (Fla. 2013)

. . . 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 . . .

H. D. a v. SHORE,, 134 So. 3d 1062 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

T. K. a v. STATE, 125 So. 3d 970 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

J. L. T. D. S. I. J. A. D. T. D. O. H. J. R. v. DEPARTMENT OF JUVENILE JUSTICE,, 104 So. 3d 1257 (Fla. Dist. Ct. App. 2013)

. . . 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). . . .

A. P. a v. HOUSEL, St., 126 So. 3d 1182 (Fla. Dist. Ct. App. 2012)

. . . on a risk assessment of the child, unless the child is placed into detention care as provided in s. 985.255 . . .

T. J. S. v. MILES,, 96 So. 3d 1104 (Fla. Dist. Ct. App. 2012)

. . . used in determining whether absconder points can be assessed against a juvenile pursuant to section 985.255 . . . See § 985.255(l)(a), (3)(a). . . .

In AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION, FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES OF CRIMINAL PROCEDURE, FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, FLORIDA PROBATE RULES, THE FLORIDA RULES OF TRAFFIC COURT, FLORIDA RULES OF JUVENILE PROCEDURE, FLORIDA RULES OF APPELLATE PROCEDURE, AND FLORIDA FAMILY LAW RULES OF PROCEDURE- COMPUTATION OF TIME, 95 So. 3d 96 (Fla. 2012)

. . . See Sections 39.402(8)(a), 984.14(4), and 985.255(3)(a), Florida Statutes (2011). . . .

S. M. a v. STATE DEPARTMENT OF JUVENILE JUSTICE,, 91 So. 3d 175 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

T. K. B. a v. DURHAM,, 63 So. 3d 60 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

B. S. K. a v. STATE, 53 So. 3d 394 (Fla. Dist. Ct. App. 2011)

. . . sufficient points under the corrected RAI and no other criteria for detention is found pursuant to section 985.255 . . .

K. N. W. a v. DURHAM, A. F. R. a v., 53 So. 3d 364 (Fla. Dist. Ct. App. 2011)

. . . court, arguing that their detention was illegal because the circuit court failed to comply with section 985.255 . . .

A. D. a v. STATE, 45 So. 3d 575 (Fla. Dist. Ct. App. 2010)

. . . . § 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 . . .

T. M. a v. STATE, 39 So. 3d 559 (Fla. Dist. Ct. App. 2010)

. . . See § 985.255(1)(a), Fla. Stat. (2009). . . .

M. F. a v. FAULK,, 34 So. 3d 139 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

A. C. C. M. T. M. D. O. P. W. v. STATE, 23 So. 3d 826 (Fla. Dist. Ct. App. 2009)

. . . See § 985.255(l)(g)(l) Fla. Stat. (2009). . . .

R. J. L, a v. STATE, 22 So. 3d 130 (Fla. Dist. Ct. App. 2009)

. . . Florida Statute Section 985.255(3)(b) states, “[i]f the court orders a placement more restrictive than . . .

A. M. a v. STATE, 13 So. 3d 502 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

D. F. a v. HOUSEL, St., 10 So. 3d 694 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

M. A. M. v. VURRO,, 2 So. 3d 388 (Fla. Dist. Ct. App. 2009)

. . . . § 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 . . .

C. B. a v. DOBULER,, 997 So. 2d 463 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

M. G. a v. BERRY,, 998 So. 2d 634 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

R. A. P. a v. PARKINS,, 994 So. 2d 414 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES- REPORT OF THE TASK FORCE ON TREATMENT- BASED DRUG COURTS, 993 So. 2d 503 (Fla. 2008)

. . . . § 985.255, Fla. Stat. (2007). . . .

S. W. a v. STATE DEPARTMENT OF JUVENILE JUSTICE,, 987 So. 2d 173 (Fla. Dist. Ct. App. 2008)

. . . .” § 985.255(3)(b). . . . asks this court to remand for the trial court to render a written order in accordance with section 985.255 . . .

B. M. a v. DOBULER,, 979 So. 2d 308 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

J. S. a v. STATE, 975 So. 2d 1214 (Fla. Dist. Ct. App. 2008)

. . . Detention for such an offense is authorized under section 985.255(l)(d), Florida Statutes (2006). . . .

N. S. a v. FLOWERS,, 963 So. 2d 310 (Fla. Dist. Ct. App. 2007)

. . . See § 985.255(2), (3)(b), Fla. Stat. (2006); M.P. v. . . .

K. E. a v. DEPARTMENT OF JUVENILE JUSTICE,, 963 So. 2d 864 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

C. D. v. VURRO,, 975 So. 2d 475 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

A. R. a v. DOBULER,, 960 So. 2d 793 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

K. P. a v. STATE, 952 So. 2d 1229 (Fla. Dist. Ct. App. 2007)

. . . failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255 . . .

A. K. a v. DOBULER,, 951 So. 2d 989 (Fla. Dist. Ct. App. 2007)

. . . 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). . . .

D. M. v. DOBULER,, 947 So. 2d 504 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .