G.P., A CHILD, PETITIONER,
v.
JILL BESSETTE, SUPERINTENDENT OF THE ALACHUA REGIONAL JUVENILE DETENTION CENTER, RESPONDENT
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A juvenile petitioner challenges her detention pending placement in a residential psychiatric program as a condition of probation. The court granted her habeas corpus petition, holding that statutory detention limits apply even when a child is placed on probation rather than committed to a Department of Juvenile Justice facility, and she cannot be detained longer than 15 days post-adjudication absent high-risk program requirements.
Petitioner is entitled to relief under section 985.215(5)(d). A child cannot be held in secure detention for more than 15 days following adjudication, and this statutory limitation applies even when the disposition is probation conditioned on program completion rather than commitment to a DJJ facility. The circuit court exceeded its statutory authority by extending detention without meeting the high-risk program requirements that alone justify detention beyond 15 days.
[1] A juvenile adjudicated and awaiting dispositional placement in a moderate-risk residential program may not be held in detention for more than 15 days following the order…
[2] A court may not extend the statutory 15-day limit for post-adjudication detention of a juvenile awaiting placement in a moderate-risk program, even with the juvenile's st…
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Join FLexlaw to unlock all legal intelligence“Section 985.215(10)(a) provides that when a child is committed to DJJ awaiting dispositional placement to a moderate-risk residential program, the child may be held in detention after an order of adjudication for five days unless there is a finding that DJJ will require more time for placement.”
Establishes the baseline statutory detention limit and framework for detained juveniles
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner was adjudicated for aggravated assault and violation of probation on prior theft and burglary offenses. On November 8, 2002, she was senten…
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PER CURIAM.
Petitioner, a juvenile, seeks a writ of habeas corpus alleging that she is being illegally detained. We agree and grant the petition.
Petitioner was adjudicated for aggravated assault and violation of probation on prior offenses of theft and burglary. On November 8, 2002, petitioner was sentenced to probation on condition that she complete a residential psychiatric program as designated by the Department of Children and Families (DCF). Under the belief that a bed would be immediately available, petitioner agreed, pending any new circumstances, to be held by the Department of Juvenile Justice (DJJ) in the Ala-chua County Juvenile Detention Center pending placement in a residential psychiatric treatment program.
Unfortunately, a bed at the residential psychiatric program was unavailable until January or February of 2003. A hearing was held on November 22, 2002, concerning petitioner’s continuing detention. Petitioner revoked her consent to remain in custody. The circuit court ordered petitioner to remain in detention until she was either found not to be a danger to herself, society, or the victim of the assault.
Petitioner now seeks a writ of habeas corpus. Section 985.215 outlines the specific statutory criteria for use of any detention. Section 985.215(10)(a) provides that when a child is committed to DJJ awaiting dispositional placement to a moderate-risk residential program, the child may be held in detention after an order of adjudication for five days unless there is a finding that DJJ will require more time for placement. J.M. v. State, 705 So. 2d 98 (Fla. 5th DCA 1998). DJJ may then request an additional 10 days for a total of 15 days of postadjudication detention for commitment to a moderate-risk program. A juvenile may not be held longer than that unless the juvenile has been committed to a maximum-level program. R.E.D. v. Gnat, 681 So. 2d 847 (Fla. 1st DCA 1996). The court may not extend this period even with stipulation from the child. L.K v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999).
We determine that petitioner is entitled to relief pursuant to section 985.215(5)(d). The legislature has clearly indicated its intent that children not be held absent high-risk requirements. Section 985.215(5)(d) provides that except as provided in paragraph (g), which is not applicable to the facts of this case, a child may not be held in secure, nonsecure or home detention care for more than 15 days following the entry of an order of adjudication. Here, the child has been adjudicated and placed on probation conditioned upon her completion of a residential psychiatric program. When a child is committed to DJJ awaiting dispositional placement, the child cannot be detained longer than 15 days. We reject the state’s argument that because petitioner was placed on probation, a lesser adjudication than commitment to a DJJ moderate-risk residential program, she is not entitled to the 15-day limitation on detention.
The petition for writ of habeas corpus is GRANTED. Petitioner shall be immediately released from secure detention.
ALLEN, C.J., BARFIELD and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.T.F. v. Housel, 37 So. 3d 279 (Fla. 4th DCA 2010)…n for commitment to a moderate-risk program. A juvenile may not be held longer than that unless the juvenile has been committed to a maximum-level program. The court may not extend this period even with stipulation from the child. G.P. v. Bessette, 831 So. 2d 1256, 1257 (Fla. 1st DCA 2002) (internal citations omitted) (emphasis added). In the instant case, the release date was to be forty-nine days after the disposition order entered on October 26, 2009. Taking into account weekends and holidays, we determine…
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G.M. v. Fla. Dep't OF Juv. Just. & Darrell Johnson, 144 So. 3d 687 (Fla. 1st DCA 2014)…e child. However, such continued detention in secure detention care may not exceed 15 days after entry of the commitment order, excluding Saturdays, Sundays, and legal holidays, and except as otherwise provided in this section. In G.P. v. Bessette, 831 So. 2d 1256 (Fla. 1st DCA 2002), this court strictly construed the 15-day post-commitment secure detention maximum. See also J.T.F. v. Housel, 37 So. 3d 279 (Fla. 4th DCA 2010) (providing that a child committed to DJJ for a moderate-risk residential program may…
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N.W. v. State (Fla. 1st DCA 2020)…rings which are scheduled to occur July 29, 2020, and August 12, 2020. A habeas corpus petition is a proper remedy to challenge the legality of a juvenile’s detention. T.L.W. v. Soud, 645 So. 2d 1101, 1104 (Fla. 1st DCA 1994); Cf. G.P. v. Bessette, 831 So. 2d 1256 (Fla. 1st DCA 2002) (granting habeas petition and ordering juvenile’s immediate release because detention violated the statute). This Court’s analysis of whether a juvenile may be placed in detention when the child has scored a zero on his risk asse…
Authorities Cited
- L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999)
- J.M. v. State, 705 So. 2d 98 (Fla. 5th DCA 1998)
- Desjarlais v. Desjarlais, 681 So. 2d 847 (Fla. 3d DCA 1996)
- R.E.D. v. Gnat, 681 So. 2d 847 (Fla. 1st DCA 1996)