HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7029 PCB CRM 22-01 Time Limitations for Preadjudicatory Juvenile Detention
Care
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Brannan and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Criminal Justice & Public Safety 14 Y, 3 N Petruzzelli Hall
Subcommittee
1) Justice Appropriations Subcommittee 9 Y, 5 N Saag Keith
2) Judiciary Committee 13 Y, 7 N, As CS Petruzzelli Kramer
SUMMARY ANALYSIS
Detention care is the temporary care of a child in secure or supervised release detention pending a court adjudication or
disposition of his or her juvenile delinquency case. A child held in secure detention care is under the physical restriction of
a secure detention center. A child on supervised release detention care is in the nonsecure custody of a parent or
guardian under the supervision of the Department of Juvenile Justice (DJJ) staff. A court may require a child to comply
with a condition of electronic monitoring during a term of supervised release detention care.
Section 985.24, F.S., provides standards which govern the use of juvenile detention care and prohibits a child alleged to
be dependent under ch. 39, F.S., from being placed into secure detention care under any circumstances. The prohibition
does not make an exception for circumstances when a child alleged to be dependent is also alleged to have committed a
delinquent act or violation of law.
Generally, s. 985.26, F.S., limits the time period a court may place a child in detention care to no more than 21 days
unless an adjudicatory hearing for his or her case has commenced. When good cause is shown that additional time is
needed for the prosecution or defense, the time period may be extended for up to an additional nine days if the child is
charged with a capital felony, life felony, first degree felony, or second degree felony involving violence against any
person. However, in many juvenile cases, the time period required to commence an adjudicatory hearing far exceeds 21
days or even 30 days. As such, under current law, a court may be required to release a child from detention care prior to
his or her adjudicatory hearing, even under circumstances where the court finds such release inappropriate.
CS/HB 7029 amends ss. 985.24 and 985.26, F.S., to revise the time limitations and hearing requirements related to
preadjudicatory juvenile detention care by:
 Authorizing a court to place a child alleged to be dependent in secure detention care if he or she is also alleged
to have committed a delinquent act or violation of law.
 Authorizing a court to place a child on supervised release detention care for any time period until an adjudicat ory
hearing is completed, and requiring a court to conduct a hearing to determine the need for continued supervised
release detention care if a child remains on supervised release for 60 days or more.
 Limiting a court from placing a child into secure detention care for more than 21 days unless he or she is charged
with a specified offense and the court conducts a hearing at which it makes written findings that the totality of the
circumstances warrant an extension of secure detention care, in which case, the court may extend secure
detention in up to 21-day increments. If a child remains in secure detention for 60 days, the court must prioritize
the disposition of his or her case.
 Revising the offenses a child must be alleged to have committed to be eligible for an extension of secure
detention to also include any second degree felony and a third degree felony involving violence against a person.
 Authorizing, but not requiring, a law enforcement agency to supervise any court-ordered electronic monitoring of
a child on supervised release detention care.
The bill may have a negative, yet indeterminate fiscal impact on state and local governments. The bill expands eligibility
and extends time limitations for detention care, which may result in more children being placed in detention care for a
longer time period, thereby increasing costs to DJJ. However, the bill also authorizes a local law enforcement agency to
conduct an electronic monitoring program, or to partner with DJJ to do so, which may result in cost savings to DJJ.
The bill provides an effective date of July 1, 2022.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/23/2022
 I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Juvenile Detention Care
In Florida, the Department of Juvenile Justice (DJJ) administers the juvenile justice system. When a
child is alleged to have committed a delinquent act, DJJ must review the sufficiency of the probable
cause affidavit or report and complete an intake screening to make an initial determination whether
detention care is necessary.1,2 Detention care is the temporary care of a child in secure or supervised
release detention care pending a court adjudication or disposition of his or her case. 3 A child held in
secure detention is under the physical restriction of a secure detention center. A child on supervised
release detention care is in the nonsecure custody of a parent or guardian under the supervision of DJJ
staff. In some cases, a child placed on supervised release detention care may be ordered to participate
in an electronic monitoring program.4 Currently, DJJ is responsible for tracking and monitoring youth on
supervised release, and making required contacts, such as night check-ins or face-to-face weekend
contacts.5
Section 985.24, F.S., requires the use of detention care to be based primarily upon findings that the
child:
 Presents a substantial risk of not appearing at a subsequent hearing;
 Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior,
including illegal firearm possession;
 Presents history of committing a property offense prior to adjudication, disposition, or
placement;
 Has committed a specified offense of contempt of court; or
 Requests protection from imminent bodily harm.6
Additionally, s. 985.24, F.S., specifically prohibits a child from being placed into secure or supervised
release detention care for any of the following reasons:
 To allow a parent to avoid his or her legal responsibility;
 To permit more convenient administrative access to the child;
 To facilitate further investigation or interrogation;
 Due to the lack of more appropriate facilities; or
 The child is alleged to be dependent under ch. 39, F.S.7
Detention Risk Assessment Instrument
DJJ utilizes the Detention Risk Assessment Instrument (DRAI) to make the initial determination of the
need for detention. The tool was developed after considering the latest statistical analysis techniques
1 In 2021, the legislature passed “the Kaia Rolle Act”, which prohibits a child under the age of 7 from being arrested, charged , or
adjudicated delinquent unless the violation of law is a forcible felony. S. 985.031, F.S.
2 In counties that do not have an as sessment center, the law enforcement officer calls a DJJ “on-call screener” to assess the juvenile’s
risk and determine if detention is necessary. Office of the State Court’s Administrator, Florida’s Juvenile Delinquency Benchbook (June
2021), https://www.flcourts.org/content/download/752754/file/Delinquency%20Benchbook%20-%20Final%20June%2029,%202021.pdf
(last visited Feb. 21, 2022).
3 S. 985.03(18), F.S.
4 S. 985.03(18)(b), F.S. In FY 19-20, DJJ served 3,565 youth through supervised release with electron ic monitoring. OPPAGA,
Department of Juvenile Justice: Detention, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=1007 (last visited
Feb. 21, 2022).
5 Florida Department of Juvenile Justice, Monitoring and Quality Improvement Standards for Supervised Release Tracking Services FY
2021-2022 (June 2021), https://www.djj.state.fl.us/content/download/54334/file/srt-standards-fy2122-final-06-11-21.pdf (last visited Feb.
21, 2022).
6 S. 985.024(1), F.S.
7 “A child alleged to be dependent under chapter 39 may not, under any circumstances, be placed into secure detention care.” S .
985.24(3), F.S.
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 and risk-prediction methods in Florida’s juvenile criminal justice setting8 and is designed to determine
the likelihood that a child will fail to appear in court or commit a new offense within a short window of
time.9 The DRAI uses a point system, based on factors such as:
 The current alleged offense;
 Prior referrals to DJJ, including whether the child has another case pending;
 Prior delinquency history, including whether the child has previously failed to appear for court
hearings or escaped from supervision; and
 The child’s age.
A child taken into custody and placed in detention care must be given a hearing within 24 hours to
determine the existence of probable cause that the child has committed the delinquent act or violation
of law for which he or she is charged and the need for continued detention. The court determines the
need for continued detention based on the results of the DRAI and may order a continued detention
status if the DRAI indicates secure or supervised release detention.10
Length of Detention
Section 985.26, F.S., controls the time period for which a court can order a child to be placed in
detention care. Generally, a child may not be held in detention care for more than 21 days unless an
adjudicatory hearing for the case has been commenced in good faith by the court. 11 However, when
good cause is shown that the nature of the charge requires additional time for prosecution or defense of
the case, the court may extend the length of detention for an additional nine days if the child is charged
with an offense that, if committed by an adult, would be a:
 Capital felony;
 Life felony;
 First-degree felony; or
 Second-degree felony involving violence against any person.12
Additionally, if the child is a prolific juvenile offender (PJO), the general time limitations for detention
care do not apply and the court is required to place him or her on supervised release detention care
with electronic monitoring or in secure detention care under a special detention order until disposition of
the case.13 A child may be classified as a PJO if he or she:
 Is charged with a delinquent act that would be a felony if committed by an adult;
 Has been adjudicated or has had adjudication withheld for a felony offense, or delinquent act
that would be a felony if committed by an adult, that occurred before the current charge; and
 Has five or more of the following (three of which must have been for felony offenses or
delinquent acts that would have been felonies if committed by an adult):
o An arrest without a final disposition;
o An adjudication; or
o An adjudication withheld.14
The time limitations for detention care do not include periods of delay resulting from continuances
granted by a court for cause on motion of the child or his or her counsel or of the state. If the court
grants such a continuance, it must conduct a hearing at the end of each 72-hour period (excluding
Saturdays, Sundays, and holidays) to determine the need for continued detention of the child and the
need for any further continuance of the proceedings for the child or the state.15
8 Florida Department of Juvenile Justice, Detention Risk Assessment Instrument (July 1, 2019),
https://www.djj.state.fl.us/research/latest-initiatives/detention-risk-assessment-instrument (last visited Feb. 21, 2022).
9 Florida Department of Juvenile Justice, Detention Risk Assessment Instrument-Frequently Asked Questions,
https://www.djj.state.fl.us/research/latest-initiatives/detention-risk-assessment-instrument/frequently-asked-questions (last visited Feb.
21, 2022).
10 Ss. 985.255(1) and (3)(a), F.S.
11 S. 985.26(2)(a), F.S.
12 S. 985.26(2)(b), F.S.
13 S. 958.26(2)(c), F.S.
14 S. 985.255(1)(f), F.S.
15 S. 985.26(4)(a), F.S.
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 Finally, the period for supervised release detention care is tolled under s. 985.26(4)(b), F.S., on the
date that DJJ or a law enforcement officer alleges a child has violated a condition of his or her
supervised release detention care, until such time that the court enters a ruling on the violation. The
court retains jurisdiction over the child during the tolling period. If the court finds that the child violated
his or her supervised release detention care, the number of days the child served in any type of
detention care before the commission of the violation is excluded from the time limitations for detention
care.16
Although s. 985.26, F.S., generally limits the time period a child can be placed on detention care to 21
days, in many cases, the time period required to commence an adjudicatory hearing far exceeds the
21-day period.17 As such, under current law, a court may be required to release a child from detention
care prior to the adjudicatory hearing in his or her delinquency case, even under circumstances where
the court would otherwise find such release inappropriate.
Effect of Proposed Changes
CS/HB 7029 amends ss. 985.24 and 985.26, F.S., to revise the time limitations and court procedures
related to preadjudicatory juvenile detention care. Specifically, the bill amends s. 985.24, F.S., to
authorize a court to order a child placed on supervised release detention care to comply with any
available condition established by DJJ or ordered by the court, including electronic monitoring, when
the court finds such condition necessary to preserve public safety or to ensure the child’s safety or
appearance in court. Additionally, the bill removes the prohibition against placing a child alleged to be
dependent under ch. 39, F.S., into secure detention care in circumstances when he or she is also
alleged to have committed a delinquent act or violation of law.
The bill amends s. 985.26, F.S., to create time limitations for detention care which differ depending on
whether a child is placed on supervised release detention care, which may include electronic
monitoring, or in secure detention care. Under the bill, a court may order a child to be placed on
supervised release detention care for any period of time until an adjudicatory hearing is completed.
However, if a child remains on supervised release detention care for 60 days, the bill requires the court
to conduct a hearing within 15 days to determine the need for continued supervised release detention
care. If the court finds good cause that the nature of the charge requires additional time for prosecution
or defense of the case, or if the totality of the circumstances warrant an extension of supervised release
detention care, the court may order the continued placement of the child on such detention care until
his or her adjudicatory hearing is completed.
Additionally, the bill makes the 21-day time limitation under current law applicable to only secure
detention care. As such, a court continues to be limited to placing a child in secure detention care for a
maximum of 21 days unless he or she is charged with an offense for which an extension of secure
detention care is authorized.
The bill authorizes a court, upon making written findings that good cause has been shown that
additional time is required to prosecute or defend the case or that the totality of the circumstances
warrant an extension, to extend the time period for which a child may be held in secure detention care
for up to 21 days, rather than the current 9-day extension period, if the child is charged with a specified
offense. The bill expands the types of offenses a child may be charged with to make him or her eligible
for an extended period of secure detention to include:
 Any second degree felony; and
16S. 985.26(4)(b), F.S.
17According to a 2021 DJJ report, the average length of stay in secure detention care is 17 days. Florida Department of Juvenil e
Justice, Detention Risk Assessment Instrument (DRAOD) Supervised Release (SR) Outcomes Report January -June 2021 Analysis
(Jun. 2021), https://www.djj.state.fl.us/content/download/53157/file/Statewide-DRAI-SR-Report---Jan---Jun-2021.pdf (last visited Feb.
21, 2022). Under s. 985.039, F.S., a court may not order a parent of a child placed in secure detention care to pay more than $5 per
day for costs of care. Parents are required t