J.S., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A juvenile cannot be held in detention for more than twenty-one days without an adjudicatory hearing commencing.
J.S., a juvenile, was taken into custody and held for over twenty-one days without an adjudicatory hearing commencing. The State did not show good cau…
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J.S., a juvenile, petitions for a writ of habeas corpus, seeking his immediate release from custody. We grant the petition and order J.S.’s immediate release.
A child may not be held in secure or non-secure detention for more than twenty-one days unless an adjudicatory hearing for the case has been commenced. See § 985.26(2), Fla. Stat. (2015). The trial court’s authority to place juveniles charged with or found to have committed delinquent acts in secure detention is entirely statutory, and therefore, strict compliance with the statute is necessary. See B.R. v. State, 145 So.3d 196, 198 (Fla. 2d DCA 2014). J.S. was taken into custody on December 21, 2015. More than twenty-one days has elapsed and the adjudicatory hearing has not commenced. Thus, J.S. is entitled to be released.1
HABEAS CORPUS GRANTED, IMMEDIATE RELEASE ORDERED.
ORFINGER, EVANDER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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M.D.E. v. State, 206 So. 3d 152 (Fla. 5th DCA 2016)…enty-one days during which no continuances have been granted is entitled to immediate release unless there have been new charges filed against the child in the interim.” Z.R. v. State, 596 So. 2d 723, 724 (Fla. 5th DCA 1992); see also J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016). Petitioner is entitled to be released by 5:00 p.m. today. Accordingly, we grant the petition for habeas corpus and order Petitioner’s release by 5:00 p.m. today. PETITION GRANTED. ORFINGER, COHEN and LAMBERT, JJ., concur. .…
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Z.J. v. State, 224 So. 3d 308 (Fla. 5th DCA 2017)…e state. The trial court’s authority to place a juvenile, who is charged with or found to have committed delinquent acts, in secure detention is entirely statutory. Therefore, strict compliance with section 985.26 is necessary. E.g., J.S. v. State, 182 So. 3d 890 (Fla. 5th DCA 2016) (citing B.R. v. State, 145 So. 3d 196, 198 (Fla. 2d DCA 2014)). The most recent order supplied by the parties commands that Z.J. remain detained, with no end date specified, and sets a hearing for August 22, 2017. Neither party…
Authorities Cited
- B.R. v. State, 145 So. 3d 196 (Fla. 2d DCA 2014)