S.B., A JUVENILE, PETITIONER,
v.
JUDY RAYFORD, SUPERINTENDENT, DADE JUVENILE DETENTION CENTER, RESPONDENT
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S.B., a juvenile in secure detention awaiting placement in a moderate-risk residential facility, petitioned for habeas corpus relief. The State confessed error, and the court granted the petition, finding that S.B. had exceeded the statutory time limits for secure detention under Florida law.
S.B. is entitled to release from secure detention because the permissible statutory time frames for secure detention have expired. The court granted the habeas corpus petition and directed S.B.'s release to such other program and conditions as the trial court may require.
[1] A juvenile committed to a moderate-risk residential program may only be held in secure detention awaiting dispositional placement for a period not to exceed fifteen days…
[2] Secure detention may be used as a punishment for violation of home detention, but only for five days per violation.
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Join FLexlaw to unlock all legal intelligence“The Legislature has provided that a child committed to the Department of Juvenile Justice for a moderate-risk residential program may only be held in secure detention awaiting dispositional placement for a period not to exceed fifteen days after commitment.”
Establishes the statutory maximum time limit for secure detention of juveniles in moderate-risk programs
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Join FLexlaw to unlock all legal intelligenceS.B. was committed to a level six moderate-risk residential facility and placed on a waiting list. During case pendency, he was released to house arre…
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On Motion for Rehearing or Clarification
PER CURIAM.
On consideration of S.B.’s motion for rehearing or clarification, the court withdraws the opinion dated August 26, 1998, and substitutes the following opinion:
S.B., a juvenile, petitions for a writ of habeas corpus, seeking immediate release from secure detention. The State confesses error. S.B. has been committed to a level six moderate-risk residential facility. He is on the waiting list for such a program.
During the pendency of the case, S.B. was released to house arrest and to a relative. He absconded from both. After commitment, S.B. was released to a community program and absconded again. The trial court concluded that it had no alternative but to place S.B. in secure detention, awaiting placement in a level-six program or an appropriate alternative. Consequently, the trial court ordered S.B. detained in secure detention pending a further placement. S.B. has petitioned for a writ of habeas corpus.
The State has conceded that under chapter 985, Florida Statutes, S.B. is entitled to release from secure detention. The Legislature has provided that a child committed to the Department of Juvenile Justice for a moderate-risk residential program may only be held in secure detention awaiting disposi-tional placement for a period not to exceed fifteen days after commitment. See § 985.215(10)(a)l, Fla. Stat. (1997). Secure detention may be used as a punishment for violation of home detention, but only for five days per violation. See id § 985.215(10)(b). Placement in a secure “consequence unit” is permissible for a violation of community control, but only for five days for a first violation and fifteen days for a subsequent violation. See id. § 985.231(1)(a)1.c(I). As the State concedes that the permissible time frames have expired, we grant the petition and direct. that S.B. be released from secure detention, to such other program and on such other conditions as the court may require.
Based on the limited record before us, the trial court is confronted with waiting lists, an absence of appropriate secure placements, and short statutory time limits under chapter 958. It would be our hope that the Legislature would review the situation illustrated by this case, with a view toward providing appropriate placement alternatives and adequate statutory flexibility.
Habeas corpus granted.
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L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999)…that a child committed to the Department of Juvenile Justice for a moderate-risk residential program may only be held in secure detention awaiting dispositional placement for a period not to exceed fifteen days after commitment. See S.B. v. Rayford, 717 So. 2d 1107 (Fla. 3d DCA 1998); R.E.D. v. Gnat, 681 So. 2d 847 (Fla. 1st DCA 1996); Department of Health and Rehabilitative Servs., Juvenile Justice v. J.S.G., 635 So. 2d 1065 (Fla. 5th DCA 1994). Notwithstanding the child’s acquiescence in a longer period of d…
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Q.A. and J.B. v. Dep't OF Juv. Just., 858 So. 2d 1230 (Fla. 1st DCA 2003)…conceded that J.B. was entitled to the relief he sought: release to home detention with electronic monitoring until placement in the offender program ordered by the circuit court. L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999); S.B. v. Rayford, 717 So. 2d 1107 (Fla. 3d DCA 1998); and AW v. State, 711 So. 2d 598 (Fla. 5th DCA 1998). When a juvenile is committed to a moderate-risk residential program, section 985.215(10)(a)l. clearly limits the time a juvenile may be held in secure detention care pending p…
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J.P. v. State, 744 So. 2d 554 (Fla. 3d DCA 1999)…PER CURIAM. J.P., a juvenile, petitions for a writ of habeas corpus, seeking immediate release from secure detention. As in S.B. v. Rayford, 717 So. 2d 1107 (Fla. 3d DCA 1998), the State has conceded the correctness of J.P.’s contentions. Accordingly we grant the petition and direct that J.P. be released from secure detention to such other program and on such other conditions as the trial court may requ…