Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 985.245 | Lawyer Caselaw & Research
F.S. 985.245 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 985.245

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES
View Entire Chapter
F.S. 985.245
985.245 Risk assessment instrument.
(1) All determinations and court orders regarding placement of a child into detention care shall comply with all requirements and criteria provided in this part and shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s. 985.255(2).
(2)(a) The risk assessment instrument for detention care placement determinations and orders shall be developed by the department in agreement with representatives appointed by the following associations: the Conference of Circuit Judges of Florida, the Prosecuting Attorneys Association, the Public Defenders Association, the Florida Sheriffs Association, and the Florida Association of Chiefs of Police. Each association shall appoint two individuals, one representing an urban area and one representing a rural area. The parties involved shall evaluate and revise the risk assessment instrument as is considered necessary using the method for revision as agreed by the parties.
(b) The risk assessment instrument shall take into consideration, but need not be limited to, pending felony and misdemeanor offenses, offenses committed pending adjudication, prior offenses, unlawful possession or use of a firearm, prior history of failure to appear, violations of supervision, and supervision status at the time the child is taken into custody. The risk assessment instrument shall also take into consideration all statutory mandates for detention care. The risk assessment instrument shall also include any information concerning the child’s history of abuse and neglect. The risk assessment shall indicate whether detention care is warranted, and, if detention care is warranted, whether the child should be placed into secure or supervised release detention care.
(3) If, at the detention hearing, the court finds a material error in the scoring of the risk assessment instrument, the court may amend the score to reflect factual accuracy.
(4) For a child who is under the supervision of the department through probation, supervised release detention, conditional release, postcommitment probation, or commitment and who is charged with committing a new offense, the risk assessment instrument may be completed and scored based on the underlying charge for which the child was placed under the supervision of the department.
History.s. 5, ch. 90-208; s. 7, ch. 92-287; s. 21, ch. 93-230; s. 3, ch. 93-408; s. 29, ch. 94-209; s. 9, ch. 95-267; s. 21, ch. 97-238; s. 79, ch. 98-280; s. 8, ch. 2000-134; s. 18, ch. 2001-125; s. 16, ch. 2002-55; s. 32, ch. 2006-120; s. 15, ch. 2014-162; s. 12, ch. 2017-164; s. 7, ch. 2018-86; s. 5, ch. 2023-87.
Note.Former s. 39.042(2); s. 985.213(2).

F.S. 985.245 on Google Scholar

F.S. 985.245 on Casetext

Amendments to 985.245


Arrestable Offenses / Crimes under Fla. Stat. 985.245
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.245.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. A. a S. F. a N. A. a v. STATE, 271 So. 3d 87 (Fla. App. Ct. 2019)

. . . as a result of N.A. being arrested in the loitering and prowling case, the DJJ, pursuant to section 985.245 . . . See §§ 985.03(18), 985.25, 985.245, Fla. Stat. (2017). . . .

STATE v. I. J. a, 258 So. 3d 473 (Fla. App. Ct. 2018)

. . . Section 790.22(9)(a) states: (9) Notwithstanding s. 985.245, if the minor is found to have committed . . .

T. M. a v. STATE, 227 So. 3d 745 (Fla. Dist. Ct. App. 2017)

. . . . § 985.245(1), Fla. Stat. (2016). . . .

O. A. a v. STATE, 146 So. 3d 135 (Fla. Dist. Ct. App. 2014)

. . . . § 985.245 Fla. Stat. (2014). . . .

A. M. a v. STATE, 147 So. 3d 98 (Fla. Dist. Ct. App. 2014)

. . . See §§ 985.255(S)(a), 985.245(l)-(2), Florida Statutes (2014). . . . Department of Juvenile Justice (“the Department”) prepared the Risk Assessment, as provided by section 985.245 . . .

STATE v. S. M. a, 131 So. 3d 780 (Fla. 2013)

. . . Section 985.245(1), Florida Statutes (2011), states that “[a]ll determinations and court orders regarding . . . Section 985.245(2), Florida Statutes (2011), directs the Department of Juvenile Justice to develop the . . .

T. K. a v. STATE, 125 So. 3d 970 (Fla. Dist. Ct. App. 2013)

. . . . § 985.245(1), Fla. Stat. (2012). . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . (name). held in secure detention for domestic violence charge under section 985.245, Florida Statutes . . .

J. L. T. D. S. I. J. A. D. T. D. O. H. J. R. v. DEPARTMENT OF JUVENILE JUSTICE,, 104 So. 3d 1257 (Fla. Dist. Ct. App. 2013)

. . . .”); see also § 985.245(2)(a) (giving DJJ the policy-making authority to create the RAI). . . . accordance with the risk assessment instrument and procedures developed by the department under s. 985.245 . . .

A. P. a v. HOUSEL, St., 126 So. 3d 1182 (Fla. Dist. Ct. App. 2012)

. . . Section 985.245, Florida Statutes (2012), provides: “All determinations and court orders regarding placement . . .

T. K. B. a v. DURHAM,, 63 So. 3d 60 (Fla. Dist. Ct. App. 2011)

. . . Additionally, section 985.245 states that, in the absence of a specific statutory exception, an order . . .

B. O. v. STATE, 25 So. 3d 586 (Fla. Dist. Ct. App. 2009)

. . . The pertinent provisions of § 790.22(9) state: “Notwithstanding s. 985.245, if the minor is found to . . .

M. A. M. v. VURRO,, 2 So. 3d 388 (Fla. Dist. Ct. App. 2009)

. . . See § 985.245, .25(l)(a), (b). . . .

C. B. a v. DOBULER,, 997 So. 2d 463 (Fla. Dist. Ct. App. 2008)

. . . . § 985.245(1), 2(a), Fla. Stat. (2008). . . . . § 985.245(4), Fla. Stat. (2008). . . .

R. A. P. a v. PARKINS,, 994 So. 2d 414 (Fla. Dist. Ct. App. 2008)

. . . When there is a new crime alleged as the violation of probation, proceedings are governed by section 985.245 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES- REPORT OF THE TASK FORCE ON TREATMENT- BASED DRUG COURTS, 993 So. 2d 503 (Fla. 2008)

. . . Section 985.245, Florida Statutes (2007), requires that, in the absence of a specific statutory exception . . .

S. W. a v. STATE DEPARTMENT OF JUVENILE JUSTICE,, 987 So. 2d 173 (Fla. Dist. Ct. App. 2008)

. . . . § 985.245(1), Fla. Stat. (2007). . . .

B. M. a v. DOBULER,, 979 So. 2d 308 (Fla. Dist. Ct. App. 2008)

. . . .” § 985.245(1), Fla. Stat. (2007); R.W. v. . . . findings required by subsection (1) [of section 985.24] and the risk assessment required by [section 985.245 . . . see also R.G., 817 So.2d at 1019 (holding that “[s]ection 985.213(2)(a) [now renumbered as section 985.245 . . . Stat. (2007); § 985.245(1), Fla. Stat. (2007). . . . . . § 985.245(1), (2)(a). . . .

K. E. a v. DEPARTMENT OF JUVENILE JUSTICE,, 963 So. 2d 864 (Fla. Dist. Ct. App. 2007)

. . . Risk Assessment Instrument and therefore did not meet the general criteria for detention under section 985.245 . . . Additionally, section 985.245 states that, in the absence of a specific statutory exception, an order . . .

C. D. v. VURRO,, 975 So. 2d 475 (Fla. Dist. Ct. App. 2007)

. . . In the 2006 legislative session, section 985.213(2) was renumbered as section 985.245. . . . text in section 985.213(2)(b)(3) that relates to the issue in this proceeding was removed from section 985.245 . . .

K. P. a v. STATE, 952 So. 2d 1229 (Fla. Dist. Ct. App. 2007)

. . . Initially, he points out that under section 985.245(1), Florida Statutes (2007): “All determinations . . . See C.D.T.; see also §§ 985.245(1), .27(l)(b), Fla. Stat. (2007). . . .