Florida Statute 985.245 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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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, 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; s. 8, ch. 2024-130.

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 Citing Statute 985.245

Total Results: 20

STATE OF FLORIDA v. A.G., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: of mere possession): Notwithstanding s. 985.245, if the minor is found to have committed

A.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 271 So. 3d 87

Snippet: and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

A.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 271 So. 3d 87

Snippet: and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

A.A., S.F., & N.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-27

Snippet: and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

STATE OF FLORIDA v. I.J., A CHILD

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Citation: 258 So. 3d 473

Snippet: 22(9)(a) states: (9) Notwithstanding s. 985.245, if the minor is found to have committed

T.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-09-29

Citation: 227 So. 3d 745, 2017 WL 5017075

Snippet: detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255

T.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-09-25

Snippet: detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255

O.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 146 So. 3d 135, 2014 Fla. App. LEXIS 13685, 2014 WL 4344546

Snippet: factors, the nature of the offense(s) charged. § 985.245 Fla. Stat. (2014). At O.A.’s May 28, 2014, detention

O.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Snippet: factors, the nature of the offense(s) charged. § 985.245 Fla. Stat. (2014). At O.A.’s May 28, 2014

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-08-06

Citation: 147 So. 3d 98, 2014 Fla. App. LEXIS 12145, 2014 WL 3456157

Snippet: an adjudicatory hearing. See §§ 985.255(S)(a), 985.245(l)-(2), Florida Statutes (2014). The Risk Assessment

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-08-06

Snippet: an adjudicatory hearing. See §§ 985.255(3)(a), 985.245(1)-(2), Florida Statutes (2014). The Risk Assessment

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-16

Snippet: an adjudicatory hearing. See §§ 985.255(3)(a), 985.245(1)-(2), Florida Statutes (2014). The Risk Assessment

State Department of Juvenile Justice v. S.M.

Court: Supreme Court of Florida | Date Filed: 2013-12-12

Citation: 131 So. 3d 780, 38 Fla. L. Weekly Supp. 887, 2013 WL 6500879, 2013 Fla. LEXIS 2686

Snippet: 979 So.2d 308, 310 (Fla. 3d DCA 2008). Section 985.245(1), Florida Statutes (2011), states that “[a]ll

T.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-06-12

Citation: 125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

Snippet: detention care as provided in s.985.255(2).2 § 985.245(1), Fla. Stat. (2012). There are no rules, controlling

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Snippet: detention for domestic violence charge under section 985.245, Florida Statutes. The court finds: respite care

J.L.T. v. Department of Juvenile Justice

Court: District Court of Appeal of Florida | Date Filed: 2013-01-09

Citation: 104 So. 3d 1257, 2013 WL 85452, 2013 Fla. App. LEXIS 267

Snippet: for any form of deten*1259tion.”); see also § 985.245(2)(a) (giving DJJ the policy-making authority to

A.P. v. Housel

Court: District Court of Appeal of Florida | Date Filed: 2012-09-12

Citation: 126 So. 3d 1182, 2012 WL 3965144, 2012 Fla. App. LEXIS 15329

Snippet: 91 So.3d 175, 175 (Fla. 4th DCA 2012). Section 985.245, Florida Statutes (2012), provides: “All determinations

T.K.B. v. Durham

Court: District Court of Appeal of Florida | Date Filed: 2011-05-18

Citation: 63 So. 3d 60, 2011 Fla. App. LEXIS 7158, 2011 WL 1879119

Snippet: reasons given in the statute. Additionally, section 985.245 states that, in the absence of a specific statutory

B.O. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

Citation: 25 So. 3d 586, 2009 Fla. App. LEXIS 17688

Snippet: provisions of § 790.22(9) state: “Notwithstanding s. 985.245, if the minor is found to have committed an offense

BO v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

Citation: 25 So. 3d 586, 2009 WL 4061010

Snippet: provisions of § 790.22(9) state: "Notwithstanding s. 985.245, if the minor is found to have committed an offense