The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.441

985.441 Commitment.—

(1) The court that has jurisdiction of an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing:

(a) Commit the child to a licensed child-caring agency willing to receive the child; however, the court may not commit the child to a jail or to a facility used primarily as a detention center or facility or shelter.

(b) Commit the child to the department at a restrictiveness level defined in s. 985.03. Such commitment must be for the purpose of exercising active control over the child, including, but not limited to, custody, care, training, monitoring for substance abuse, electronic monitoring, and treatment of the child and release of the child from residential commitment into the community in a postcommitment nonresidential conditional release program. If the child is not successful in the conditional release program, the department may use the transfer procedure under subsection (4).

(c) Commit the child to the department for placement in a program or facility for juvenile sexual offenders in accordance with s. 985.48, subject to specific appropriation for such a program or facility.

1. The child may only be committed for such placement pursuant to determination that the child is a juvenile sexual offender under the criteria specified in s. 985.475.

2. Any commitment of a juvenile sexual offender to a program or facility for juvenile sexual offenders must be for an indeterminate period of time, but the time may not exceed the maximum term of imprisonment that an adult may serve for the same offense.

(2) Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, or a child who is currently on probation for a misdemeanor, may not commit the child for any misdemeanor offense or any probation violation that is technical in nature and not a new violation of law at a restrictiveness level other than minimum-risk nonresidential. However, the court may commit such child to a nonsecure residential placement if:

(a) The child has previously been adjudicated or had adjudication withheld for a felony offense;

(b) The child has previously been adjudicated or had adjudication withheld for three or more misdemeanor offenses within the previous 18 months;

(d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing.

(3) The nonconsent of the child to commitment or treatment in a substance abuse treatment program in no way precludes the court from ordering such commitment or treatment.

(4) The department may transfer a child, when necessary to appropriately administer the child’s commitment, from one facility or program to another facility or program operated, contracted, subcontracted, or designated by the department, including a postcommitment nonresidential conditional release program, except that the department may not transfer any child adjudicated solely for a misdemeanor to a residential program except as provided in subsection (2). The department shall notify the court that committed the child to the department and any attorney of record for the child, in writing, of its intent to transfer the child from a commitment facility or program to another facility or program of a higher or lower restrictiveness level. If the child is under the jurisdiction of a dependency court, the department shall also provide notice to the dependency court and the Department of Children and Families, and, if appointed, the Guardian Ad Litem Program and the child’s attorney ad litem. The court that committed the child may agree to the transfer or may set a hearing to review the transfer. If the court does not respond within 10 days after receipt of the notice, the transfer of the child shall be deemed granted.

History.—s. 49, ch. 2006-120; s. 1, ch. 2011-54; s. 92, ch. 2012-5; s. 4, ch. 2012-56; s. 25, ch. 2014-162; s. 3, ch. 2019-10.

F.S. 985.441 on Google Scholar

F.S. 985.441 on Casetext

Amendments to 985.441

Arrestable Offenses / Crimes under Fla. Stat. 985.441

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 985.441.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. R. a v. STATE, 274 So. 3d 1236 (Fla. App. Ct. 2019)

. . . asserts that the trial court erred when it failed to make the written findings mandated by section 985.441 . . . protection of the public or the particular needs of the child would best be served by such a placement. § 985.441 . . .

U. T. a v. STATE, 255 So. 3d 510 (Fla. App. Ct. 2018)

. . . Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court committed U.T. to DJJ at a . . . ungovernable behavior, at no time did DJJ hold an administrative transfer hearing pursuant to section 985.441 . . . Introduction On appeal, U.T. asserts that, because U.T. had been "committed" to DJJ pursuant to section 985.441 . . . s only disciplinary remedy was for DJJ to conduct a transfer hearing pursuant to section 985.441(4). . . . s commitment was authorized by section 985.441(1)(b) of the Florida Statutes (2016). . . .

R. L. C. a v. STATE, 241 So. 3d 199 (Fla. App. Ct. 2018)

. . . The juvenile argues the trial court erred in failing to make the written findings mandated by section 985.441 . . . Section 985.441(2) provides: [T]he court having jurisdiction over an adjudicated delinquent child whose . . . We reverse on this issue and remand the case to the trial court to comply with section § 985.441. . . .

STATE v. I. D., 219 So. 3d 249 (Fla. Dist. Ct. App. 2017)

. . . The Department’s amended report presented a conditional' recommendation based upon section 985.441(2) . . . requires such placement or that the needs of the child would be best served by such placement.’ ” § 985.441 . . . The Department’s PDR in this case made a recommendation straight from the statute, § 985.441(2); Tracking . . . See § 985.441(2)(d), Fla. Stat. . . . conditioning its recommendation under this statute, the Department’s recommendation incorporated § 985.441 . . .

DAVIS, v. STATE, 218 So. 3d 890 (Fla. Dist. Ct. App. 2017)

. . . Order disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative . . . Fla. 2d DCA 2015), the Second District considered the argument that the commitment options in section 985.441 . . . other reason than the absence of statutory language suggesting that the options set forth in section 985.441 . . .

R. S. A v. STATE, 204 So.3d 990 (Fla. Dist. Ct. App. 2016)

. . . See § 985.441(2)(d), Fla. . . .

I. A. a v. STATE, 163 So. 3d 671 (Fla. Dist. Ct. App. 2015)

. . . counts of misdemeanor, battery and admitted only to technical violations of probation, under section 985.441 . . . Even under the changes made to section 985.441(2) during the 2014 Legislative, session, see Ch.2014-162 . . .

D. G. v. STATE, 170 So. 3d 1 (Fla. Dist. Ct. App. 2015)

. . . disposition hearing when a court has found that a juvenile offender committed a delinquent act; section 985.441 . . . other reason than the absence of statutory language suggesting that the options set forth in section 985.441 . . . aside from the foregoing, we note that the State’s assertion that the dispositions described in section 985.441 . . . The reason for the court’s uncertainty turned on the fact that, in the version of section 985.441(1) . . . statutory amendment that removed the serious or habitual juvenile offender provisions from section 985.441 . . .

R. S. C. a v. STATE, 157 So. 3d 541 (Fla. Dist. Ct. App. 2015)

. . . See § 985.441(2)(d), Fla. . . .

P. W. A v. STATE, 135 So. 3d 583 (Fla. Dist. Ct. App. 2014)

. . . to support placement at the moderate-risk residential restrictiveness level as required by section 985.441 . . . confession of error, and we remand for the trial court to make written findings in compliance with section 985.441 . . .

R. C. A v. STATE, 123 So. 3d 698 (Fla. Dist. Ct. App. 2013)

. . . recommendation of probation and that the court erred by failing to make written findings as required by section 985.441 . . . The trial court also erred in failing to enter a written order in compliance with section 985.441(2)( . . .

D. H. a v. STATE, 114 So. 3d 496 (Fla. Dist. Ct. App. 2013)

. . . Section 985.441(l)(b), Florida Statutes (2012), empowers a trial court to commit to the supervision of . . . Such finding must be in writing. § 985.441(2), Fla. Stat. (2012). . . . Pursuant to section 985.441(2), he could be committed, at the most, to a moderate or low-risk facility . . .

K. M. H. A v. STATE, 91 So. 3d 262 (Fla. Dist. Ct. App. 2012)

. . . K.M.H. argues that the trial court erred by failing to make the written finding required by section 985.441 . . . reversal is required because the trial court failed to make the written finding mandated by section 985.441 . . . The state properly concedes that the trial court did not make the written finding required by section 985.441 . . . Section 985.441, Florida Statutes, was amended in 2011 to restrict the trial court’s authority to commit . . . Such finding must be in writing. § 985.441(2), Fla. Stat. (2011) (emphasis added). . . .

J. B. S. a v. STATE, 90 So. 3d 961 (Fla. Dist. Ct. App. 2012)

. . . community-based treatment, the court shall proceed with a juvenile sexual offender disposition hearing under s. 985.441 . . . Section 985.441, Florida Statutes (2010), provides in pertinent part: (1) The court that has jurisdiction . . . For example, section 985.441(l)(c), Florida Statutes (2010), applies to a commitment of a juvenile to . . . Section 985.441(l)(c)l expressly requires a "delinquency disposition hearing under s. 985.433 that results . . . By comparison, section 985.441(d), which gov-eras a commitment to the DJJ for placement in a program . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 75 So. 3d 216 (Fla. 2011)

. . . The proposals are in response to recent amendments to sections 39.01114(4), 985.47, and 985.441, Florida . . . (amending § 985.441, Fla. Stat.); eh.2011-70, § 4, Laws of Fla. (amending § 985.47, Fla. . . . The amendments to sections 985.47 and 985.441 became effective July 1, 2011. . . .

C. A. D. a v. STATE, 18 So. 3d 672 (Fla. Dist. Ct. App. 2009)

. . . . § 985.441(l)(b). . . .

E. D. B. a v. STATE, 5 So. 3d 787 (Fla. Dist. Ct. App. 2009)

. . . act or violation of law. (5) (a) Notwithstanding ss. 743.07, 985.43, 985.433, 985.435, 985.439, and 985.441 . . .