J.P.S., A CHILD
v.
STATE OF FLORIDA
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This case addresses the maximum duration of probation for a juvenile offender sentenced for lewd or lascivious conduct. The appellate court clarified the interplay between statutes governing community supervision and retention of jurisdiction for treatment completion.
No, section 985.0301(5)(c) permits retention of jurisdiction for treatment completion, but section 985.475(2)(e) limits community supervision, including probation, to a maximum of three years. Therefore, the trial court could only impose a three-year probation term.
[1] A court's authority to place a juvenile on community supervision, including probation, is limited to a period of up to three years.
[2] A court may retain jurisdiction over a juvenile sexual offender until the age of twenty-one for the specific purpose of allowing the juvenile to complete a sex offender t…
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Join FLexlaw to unlock all legal intelligence“If the court determines that this juvenile sexual offender community-based treatment alternative is appropriate, the court may place the offender on community supervision for up to 3 years.”
This quote establishes the statutory limit for community supervision.
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Join FLexlaw to unlock all legal intelligenceA fourteen-year-old pleaded guilty to lewd or lascivious conduct and was placed on probation until age nineteen. The court incorporated a juvenile sex…
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COHEN, J.
J.P.S., who was fourteen years old, entered a plea to lewd or lascivious conduct in violation of section 800.04(6)(c), Florida Statutes (2017). The court withheld adjudication of delinquency and placed J.P.S. on probation until he turned nineteen years
old. Pursuant to section 985.475(2)(e), Florida Statutes (2017), the court adopted the Department of Juvenile Justice’s proposed juvenile sexual offender treatment plan and incorporated the plan as a condition of probation. Counsel objected to probation until J.P.S.’s nineteenth birthday because it extended beyond the three-year maximum period in section 985.475(2)(e). The court maintained the term of probation, and J.P.S. timely appealed. The issue on appeal involves the interaction of sections 985.475(2)(e) and 985.0301(5)(c), Florida Statutes (2017). Section 985.475(2)(e) provides, in pertinent part: If the court determines that this juvenile sexual offender community-based treatment alternative is appropriate, the court may place the offender on community supervision for up to 3 years. As a condition of community treatment and supervision, the court may order the offender to:
1. Undergo available outpatient juvenile sexual offender treatment for up to 3 years.
(emphasis added). Section 985.0301(5)(c) provides:
The court shall retain jurisdiction over a juvenile sexual offender, as defined in s. 985.475, who has been placed on community-based treatment alternative with supervision or who has been placed in a program or facility for juvenile sexual offenders, pursuant to s. 985.48, until the juvenile sexual offender reaches 21 years of age, specifically for the purpose of allowing the juvenile to complete the program.
(emphasis added).
The distinction between the statutes is the court’s authority to place a juvenile on community supervision, including probation, as opposed to its authority to retain jurisdiction over a juvenile to allow completion of a sex offender treatment program. Section 985.475(2)(e) limits community supervision to a period of up to three years.
Section 985.0301(5)(c) permits the retention of jurisdiction over a juvenile until the age of twenty-one for the purpose of allowing the juvenile to complete treatment. Accordingly, the trial court was limited to imposing a three-year term of probation, rather than the five-year term imposed. REVERSED and REMANDED for resentencing.
EDWARDS and SASSO, JJ., concur.