Notes- Part 1- an Overview of the Process

Florida Delinquency Law 101

Notes- Part 1- An Overview of the Process

1. What are delinquent acts? What is the Jurisdiction of the Juvenile delinquency court?

1. Delinquent Acts- Delinquent acts are defined in Florida Statutes 984.03 (11)“Child who has been found to have committed a delinquent act” means a child who, pursuant to the provisions of chapter 985, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition shall not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding pursuant to this chapter.

B. Non Delinquent Acts- What are not considered delinquent acts or a part of the delinquency court jurisdiction?

Traffic offenses- which are excluded by Florida Statutes 26.012 92)(c)In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985;

Status Offenses- Running away, habitual truancy, being ungovernable are status offenses and not delinquent acts in Florida. They fall under the dependency statute as “children in need of services”. Some of the same behaviors, though not delinquent acts, could be considered issues for a child already under the supervision of the delinquency court as potential violations of probation or conditions of supervision.

D. Jurisdiction- The circuit court has jurisdiction of delinquency cases in the state of Florida. The jurisdiction is for delinquent acts committed by a person under the age of eighteen at the time of the offense. The offense must have originated from the county in which it was filed. The court retains jurisdiction to resolve the case until the child turns nineteen. The court may retain jurisdiction for a child on probation until the child turns nineteen. The court may retain extended jurisdiction until age 22, for a child committed to the department of juvenile justice, to complete a commitment program. The court can retain jurisdiction for restitution without age restrictions.

1. When can a child be taken into custody?

This is how Florida Statutes defines “taken into custody” -985.03 (48)“Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, detention, placement, or other disposition as authorized by law.

Florida Statutes 985.101 defines when a child can be taken into custody. They are as follows-

A-Based on a court order that is based on sworn testimony before or after a petition is filed.

B-Arrest for a delinquent act of violation of the law

C-Failing to appear after proper notice

D-By law enforcement with probable cause the child is violating conditions of probation or commitment supervision.

1. What are the intake procedures?

Children taken in to custody are taken to a Juvenile assessment center (JAC). Here the child has an initial intake and detention screening. At the juvenile assessment centers, staff:

A-Do preliminary reviews of the probable cause and notify the person or agency originating the probable cause if they find it insufficient (985.145)

B- Screen the child for appropriateness of diversion or the presence of mental health, medical, substance abuse or educational issues (985.145)

C-Complete a risk assessment instrument (R.A.I.). This document is required before a child is held to see a judge. All hearings must be within 24 hours. The R.A.I. takes the present charge, the history of failure to appear, prior offenses either resolved or still pending among other factors and creates a score for the courts consideration regarding the child’s potential detention status.

1. What are the procedures for detention hearings?

Based on the JAC screening a child may be held secure or given notice to attend a detention hearing. Detention hearing must be held within 24 hours. Detention hearing may not be done through a video feed. Children cannot be shackled when appearing before the court except in exceptional circumstances.

At the detention hearing the child is appointed an attorney if they qualify. The R.A.I. is reviewed and arguments regarding the score, the child’s detention status and/or the probable cause are made to the court. Based on the score, the child made be released out right, placed on home detention (with or without an electronic monitor) or held in secure detention. The R.A.I. recommends secure detention for those scoring 12 points or more, home detention for those scoring between 7 and 11 points and unrestricted released for those scoring less than 7 points. The court is not bound by the score. The judge may always choose a less restrictive option since the least restrictive alternative is standard the court must apply. The judge may also choose a more restrictive option, though the court must make clear and convincing written findings and this is subject to appellant review.

Some common other outcomes of detention hearings -

1. Those held for a detention hearing based on failure to appear will be released. The only exceptions are those with a history of failure to appear in the same case may sometimes be held 72 hours prior to a scheduled court hearing.
2. Children in front of the court for a violation of probation can be placed on home detention. They cannot be held in secure detention based on a violation of probation alone unless the child scores based on the court finding the child meets the criteria of absconding.
3. A child charged with domestic violence, which otherwise does not score, may be held 21 days if the court makes specific written findings that no respite care is available and it is necessary to protect the alleged victim from injury. The court must review the detention status in 48 hours.

Detention Time Frames- If a child is held in detention or home detention, strict time frames apply.

1-A child that scores for secure detention or home detention with or without an electronic monitor can be held 21 days prior to an adjudicatory hearing. The 21 days can be extended an additional 9 days if the child is charged with a capital felony, a life felony, a first degree felony or a second degree felony that involves violence against a person. A court can grant continuances and continue detention for additional periods of 72 hours (excluding weekends and holidays) if there is “good cause” shown that additional time is needed to prosecute or defend the case. “Good cause” is based on why additional time is needed for the adjudicatory hearing and does not relate to the allegations of the offense.

2-A child picked up for a failure to appear generally will be released by the court at the 24 hour detention hearing. But the child may be held 72 hours prior to the next scheduled court date if the court finds the child willfully missed an adjudicatory hearing, or two hearings in the same case.

3-The court may issue a special detention order for 72 hours (excluding weekends and holidays) to complete a comprehensive evaluation when a residential program is recommended. The court may renew the 72 hour detention order

4-A child with no new law violation that is accused of a violation of probation or condition of supervision may not be held at the detention center but may be held at a consequence unit (which do not exist presently statewide).The child can be placed on home detention with electronic monitoring. The exception would be a child, without a new law violation, that scores 12 or more points as an “absconder”.

5-Contempt- The court may sanction a child found in direct or indirect contempt to 5 days detention for a first offense and 15 days for subsequent offenses.

1. What are arraignments?

The state is required to file a petition. Under the rules of juvenile procedure the petition must contain a written statement of the facts that allege that the child has committed a delinquent act. The statute or other provision of law the child is alleged to have violated. The petition should also include the degree of the alleged offense.

At an arraignment, the child can enter a guilty, nolo contendere or a not guilty plea. The child that is represented by counsel can waive the arraignment by entering a written plea of not guilty. If the child is not represented at an arraignment the court should then determine is the child is entitled to appointed counsel. If the child does qualify for appointed counsel, the court should do so at arraignment unless the child waives the appointment in writing under the juvenile rules of procedure 8.165.

1. Diversions and alternative sanctions

Diversions are ways to resolve delinquency cases without going through a plea or an adjudicatory hearing. They consist of an offer to the child to resolve the case by agreement to complete suggested terms. If the child follows the offered agreement and successfully completes the terms, the case will not be sent to the state’s attorney’s office for prosecution or if already sent the state will agree to enter a no petition. There are several ways these diversions can be offered and there is some variation among the circuits.

Civil Citations- Civil citations are described in Florida Statutes 985.12. These are pre-arrest diversions. An officer that believes a child has committed a misdemeanor level delinquent act could make an arrest, issue a warning, inform the parents or issue a civil citation. The civil citation requires the child complete terms that have been developed by the area’s civil citation program. The child can refuse to accept the civil citation and instead be referred for an intake by DJJ. The civil citation assignment can includeup to 50 community service hours, require participation family counseling, urinalysis monitoring, and substance abuse and mental health treatment services. The statute requires that the child report the civil citation monitor within one week. The statute also requires that the child complete their assignment at a minimum rate of 5 hours per week. Failure to comply will require the issuing officer to write a report alleging the child has committed a delinquent act and sent the case to DJJ as a referral. A child may be issued a civil citation for a first misdemeanor and up to two subsequent misdemeanors.

Post arrest diversion programs- These vary among the circuits but all work on the basis that after an arrest has been made, the state attorney’s office reviews the cases. Some of the children, based on the offices internal policies, will be offered a diversion. A diversion may be a community program or a set of conditions that upon their fulfillment, the state agrees to file a no petition in the case. These are generally offered at arraignment but can be offered at any point prior to trial or the entering of a plea.

They can include among other things the suspension of the child driver’s license for up to 90 days.

1. Speedy trial

The rules for speedy trial can be found in the Florida rules of juvenile procedure.

Without demand- The basic rule is that without demand, when a petition has been filed, the case must be brought to an adjudicatory hearing within 90 days. The 90 days starts when either the child was taken into custody or the date of service of summons that is issued when the petition is filed.

If this is not done then the child’s counsel can file a motion for dismissal which will trigger a hearing within 5 days. If the court does not find an exception to the speedy trial rule then the court shall order the adjudicatory hearing within the next 10 days. If the trial does not happen within those 10 days, due to no fault of the child, then the case is dismissed.

The speedy trial rule has many exceptions.

The speedy trial rule does not apply if:

1-The child has waived the right to a speedy trial.

2-There has been an extension of time granted due to stipulation, excused absence of a necessary witness, a need for further investigation or evidence among other examples.

3-The child or child’s counsel were unavailable by either failing to attend or requiring additional time to prepare.

4-The child is found incompetent.

With demand- The child may demand a speedy trial within 60 days by filing a pleading and serving it on the prosecuting attorney. If the child does so the child is deemed to be ready for an adjudicatory within 5 days, if the case were set by the court. The child cannot withdraw the demand without consent of the court or the state, or by showing good cause. Good cause is not based on need for preparation unless the additional time needed is based on issues that arose after the demand was filed.

The filing of the demand triggers the court to hold a hearing within 5 days to set the case for an adjudicatory hearing. The court must set the adjudicatory hearing anywhere between 5 and 45 days out. If there is no adjudicatory hearing within 50 days the child’s counsel can file a motion for dismissal and then would go forward with the same process as in the case without demand.

The state cannot avoid the time frames by filing a Nolle Prosequi and then refilling based on the same events.

1. Adjudicatory Hearings?

Adjudicatory hearings are the juvenile version of trials. Most the same rules that apply to adult trials apply to adjudicatory hearings with a few exceptions. The main exception in Florida is that there are no jury trials in delinquency cases. Adjudicatory hearings are “bench trials”, meaning the Judge is the finder of fact. The court makes the determination whether the state has been proven beyond a reasonable doubt the allegation of a new law violation or delinquent act. If the allegation is that the child has violated the terms of probation, the state must prove by the preponderance of the evidence that the violation occurred and that it was willful and substantial.

As in the adult trial, at an adjudicatory hearing the state must call witnesses to prove its case. The child, through their defense counsel, may also call witnesses or may testify themselves but the child is not required to testify. The same rules of evidence apply to both adjudicatory hearings and adult trials. The same pre-trial motions apply to both adjudicatory hearings and adult trials including motions to dismiss, motion in limine and motions to suppress. If the court findings the allegation in not proven the case is closed. If the court finds the allegation is proven then the case is set for a disposition hearing.

One difference between adult trials and adjudicatory hearings are the time period an individual can be held prior to trial. The time period a child can be held in detention prior to an adjudicatory hearing is limited and strictly applied. The statutory time limit is 21 days, which can be extended an additional 9 days for a small number of serious offenses. These time limits can be extended for 72 hours periods if the court finds good cause to do so. There are no comparable time limits in the adult system. But for adults bail is generally available, children do not have that option.

1. Disposition Hearings?

Disposition hearings are the juvenile delinquency court version of sentencing hearings. These are scheduled when a child is found guilty at an adjudicatory hearing, found to have violated their probation terms or when the child has pled to charges and a party has requested a report be completed. Prior to the disposition hearing a pre-disposition report is generally ordered. A pre-disposition report is required for any child that may be recommended for a residential commitment program. In addition, a comprehensive evaluation that assesses the child physical health, mental health; substance abuse or educational issues is also required for a child who may be considered for a residential program. A judge may order a child briefly held in secure detention to accomplish the completion of a comprehensive evaluation. This time period cannot exceed 72 hours. The court may order additional evaluations to be completed prior to the disposition hearing.

At the disposition hearing the court may consider all probative information whether it be through statements or reports. If a pre-disposition report and comprehensive evaluation is completed the court must consider the information they provide. The court is required to speak with the child regarding the terms proposed disposition and the child’s feelings regarding the charge. The court must give all concerned parties an opportunity to comment.

After all the testimony and review of reports, the court must first make a determination if the child will be adjudicated and committed to the Department of Juvenile Justice. The court is to base this determination on, among other things, the nature of the offense, the danger to the community, the maturity of the child, and prior juvenile delinquency and educational history. If the court finds that the child is not suitable for commitment, the court may impose terms of probation at the disposition hearing. If the court finds the child is suitable for commitment, then the court must seek a recommendation of the appropriate commitment level from the department. If the department had not recommended commitment in the PDR presented to the court then the hearing will need to be continued to allow a new PDR to be completed with a commitment level recommendation. If the court sanctions the child to a commitment level other than that recommended by the department, the court must establishby the preponderance of the evidence the reasons for disregarding the department’s recommendation. The parties may appeal the imposition of the commitment level other than that recommended by the department.