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Home » US Law » 2022 Florida Statutes » Title XLVII - Criminal Procedure and Corrections » Chapter 985 - Juvenile Justice; Interstate Compact on Juveniles » Part III - Custody and Intake; Intervention and Diversion (Ss. 985.101-985.175)

985.101 – Taking a child into custody.

985.101 Taking a child into custody.— (1) A child may be taken into custody under the following circumstances: (a) Pursuant to an order of the circuit court issued under this chapter, based upon sworn testimony, either before or after a petition is filed. (b) For a delinquent act or violation of law, pursuant to Florida law pertaining to a […]

985.11 – Fingerprinting and photographing.

985.11 Fingerprinting and photographing.— (1)(a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a). (b) Unless the child is issued a civil citation or […]

985.115 – Release or delivery from custody.

985.115 Release or delivery from custody.— (1) A child taken into custody shall be released from custody as soon as is reasonably possible. (2) Unless otherwise ordered by the court under s. 985.255 or s. 985.26, and unless there is a need to hold the child, a person taking a child into custody shall attempt to release the […]

985.12 – Civil citation or similar prearrest diversion programs.

985.12 Civil citation or similar prearrest diversion programs.— (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that the creation and implementation of civil citation or similar prearrest diversion programs at the judicial circuit level promotes public safety, aids interagency cooperation, and provides the greatest chance of success for civil citation and similar prearrest diversion programs. The Legislature further […]

985.125 – Prearrest or postarrest diversion programs.

985.125 Prearrest or postarrest diversion programs.— (1) A law enforcement agency or school district, in cooperation with the state attorney, may establish a prearrest or postarrest diversion program. (2) As part of the prearrest or postarrest diversion program, a child who is alleged to have committed a delinquent act may be required to surrender his or her driver […]

985.126 – Diversion programs; data collection; denial of participation or expunged record.

985.126 Diversion programs; data collection; denial of participation or expunged record.— (1) As used in this section, the term “diversion program” has the same meaning as provided in s. 943.0582. (2) Upon issuance of documentation requiring a minor to participate in a diversion program, before or without an arrest, the issuing law enforcement officer shall send a copy […]

985.13 – Probable cause affidavits.

985.13 Probable cause affidavits.— (1) If the child is released, the person taking the child into custody shall make a written report or probable cause affidavit to the appropriate juvenile probation officer within 24 hours after such release, stating the facts and the reason for taking the child into custody. Such written report or probable cause affidavit […]

985.135 – Juvenile assessment centers.

985.135 Juvenile assessment centers.— (1) As used in this section, “center” means a juvenile assessment center comprising community operated facilities and programs which provide collocated central intake and screening services for youth referred to the department. (2) The department shall work cooperatively with substance abuse programs, mental health providers, law enforcement agencies, schools, health service providers, state attorneys, […]

985.14 – Intake and case management system.

985.14 Intake and case management system.— (1) The department shall develop an intake and a case management system whereby a child brought into intake is assigned a juvenile probation officer if the child was not released, referred to a diversionary program, referred for community arbitration, or referred to some other program or agency for the purpose of […]

985.145 – Responsibilities of the department during intake; screenings and assessments.

985.145 Responsibilities of the department during intake; screenings and assessments.— (1) The department shall serve as the primary case manager for the purpose of managing, coordinating, and monitoring the services provided to the child. Each program administrator within the Department of Children and Families shall cooperate with the primary case manager in carrying out the duties and […]

985.15 – Filing decisions.

985.15 Filing decisions.— (1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, […]

985.155 – Neighborhood restorative justice.

985.155 Neighborhood restorative justice.— (1) DEFINITIONS.—For purposes of this section, the term: (a) “Board” means a Restorative Justice Board established by the state attorney pursuant to subsection (3). (b) “Center” means a Neighborhood Restorative Justice Center established by the state attorney pursuant to subsection (2). (c) “First-time, nonviolent juvenile offender” means a minor who allegedly has committed a delinquent act […]

985.16 – Community arbitration.

985.16 Community arbitration.— (1) PURPOSE.—The purpose of community arbitration is to provide a system by which children who commit delinquent acts may be dealt with in a speedy and informal manner at the community or neighborhood level, in an attempt to reduce the ever-increasing instances of delinquent acts and permit the judicial system to deal effectively with […]

985.17 – Prevention services.

985.17 Prevention services.— (1) The Legislature finds that prevention services decrease recidivism by addressing the needs of at-risk youth and their families, preventing further involvement of such youth in the juvenile justice system, protecting the safety of the public, and facilitating successful reentry of at-risk youth into the community. To assist with decreasing recidivism, the department’s prevention […]

985.175 – The PACE Center for Girls.

985.175 The PACE Center for Girls.—As authorized by and consistent with funding appropriated in the General Appropriations Act, the department may contract, in accordance with s. 985.644, with the PACE Center for Girls, a nonprofit organization exempt from taxation pursuant to s. 501(c)(3) of the Internal Revenue Code, to provide alternatives to institutionalization or commitment for […]