Florida Statute 985.441 | 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. 985.441

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, other than a violation of s. 790.22(3), or a child who is currently on probation for a misdemeanor, other than a violation of s. 790.22(3), 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. However, the court may commit such child to a moderate-risk 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, the Department of Children and Families, the Statewide Guardian ad Litem Office, and the child’s attorney ad litem, if one is appointed. 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; s. 46, ch. 2024-70; s. 16, ch. 2024-130; s. 16, ch. 2024-133.

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 Citing Statute 985.441

Total Results: 20

D.L., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: violations were technical in nature. Section 985.441(2) provides: Notwithstanding subsection …placement. Such finding must be in writing. § 985.441(2)(a)-(d), Fla. Stat. (2020). Here, the juvenile…-secure residential program, if any of section 985.441(2)’s subsections a-d had applied, and if not, then

A.B. A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-09T23:53:00-08:00

Snippet: required by section 985.441(2)(d), Florida Statutes (2019). Section 985.441(2)(d) provides: …remanded for the trial court to comply with section 985.441. See id.; see also K.R. v. State, 274 So. 3d 1236…enter a written order in compliance with section 985.441(2)(d) “if it can do so”). Here, the trial court…findings to writing in compliance with section 985.441. Affirmed in part, reversed in part, and remanded

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: Predisposition reports; other evaluations. § 985.441, Fla. Stat. Commitment. § 985.455, Fla.

K.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-28T00:00:00-07:00

Citation: 274 So. 3d 1236

Snippet: make the written findings mandated by section 985.441(2)(d), Florida Statutes (2018). The State correctly…child would best be served by such a placement. § 985.441(2)(d), Fla. Stat. (2018). Such findings must be

K.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-28T00:00:00-07:00

Citation: 274 So. 3d 1236

U.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: an officer with violence. Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court …administrative transfer hearing pursuant to section 985.441(4) of the Florida Statutes. Rather, DJJ continued…had been “committed” to DJJ pursuant to section 985.441(1)(b) of the Florida Statutes, U.T.’s only disciplinary…conduct a transfer hearing pursuant to section 985.441(4). U.T. argues that the trial court lacked the…, U.T.’s commitment was authorized by section 985.441(1)(b) of the Florida Statutes (2016).5 The general

U.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:00:00-07:00

Citation: 255 So. 3d 510

Snippet: an officer with violence. Pursuant to section 985.441(1)(b) of the Florida Statutes, the trial court …administrative transfer hearing pursuant to section 985.441(4) of the Florida Statutes. Rather, DJJ continued…quot;committed" to DJJ pursuant to section 985.441(1)(b) of the Florida Statutes, U.T.'s only…conduct a transfer hearing pursuant to section 985.441(4). U.T. argues that the trial court lacked the…U.T.'s commitment was authorized by section 985.441(1)(b) of the Florida Statutes (2016).5 The general

R.L.C., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-04T00:53:00-07:00

Snippet: section 985.441(2)(d), Florida Statutes (2016). The State agrees, and so do we. Section 985.441(2) provides…case to the trial court to comply with section § 985.441. In his second issue, the juvenile argues there

State of Florida v. I. D.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-30T00:53:00-07:00

Snippet: conditional recommendation based upon section 985.441(2), Florida Statutes, that I.D. be committed to…child would be best served by such placement.’” § 985.441(2)(d), Fla. Stat. In the absence of such findings…a recommendation straight from the statute, § 985.441(2). Tracking the statute, it recommended non- …child were best served by the placement. See § 985.441(2)(d), Fla. Stat. By conditioning its recommendation…the Department’s recommendation incorporated § 985.441(2)’s directive, applicable in the absence of findings

State v. I.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-19T00:00:00-07:00

Citation: 219 So. 3d 249, 2017 WL 2211330, 2017 Fla. App. LEXIS 7209

Snippet: conditional' recommendation based upon section 985.441(2), Florida Statutes, that I.D. be committed to…child would be best served by such placement.’ ” § 985.441(2)(d), Fla. Stat. In the absence of such findings… a recommendation straight from the statute, § 985.441(2); Tracking the statute, it recommended nonsecure…child were best served by the placement. See § 985.441(2)(d), Fla. Stat. By conditioning its recommendation…the Department’s recommendation incorporated § 985.441(2)’s directive, applicable in the absence of findings

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

Citation: 218 So. 3d 890, 2017 Fla. App. LEXIS 60

Snippet: disposition under ss. 985.435, 985.437,- 985.439, 985.441, 985.45, and 985.455 as an alternative to youthful…argument that the commitment options in section 985.441(1)—a similar statutory provision containing multiple…suggesting that the options set forth in section 985.441(1) are mutually exclusive.” Id. at 5. The court

R. S., a Child v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-12T00:00:00-08:00

Citation: 204 So. 3d 990, 2016 Fla. App. LEXIS 18308

Snippet: without making the required written findings. See § 985.441(2)(d), Fla. Stat. (2014) (authorizing the trial

I. A. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-29T00:00:00-07:00

Citation: 163 So. 3d 671, 2015 Fla. App. LEXIS 6292, 2015 WL 1928619

Snippet: 672technical violations of probation, under section 985.441(2), Florida Statutes (2014), appellant could be… 2013). Even under the changes made to section 985.441(2) during the 2014 Legislative, session, see Ch

D.G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 170 So. 3d 1, 2015 Fla. App. LEXIS 4250, 2015 WL 1312646

Snippet: juvenile offender committed a delinquent act; section 985.441 governs commitment. The disposition statute requires…appropriation for such a program or facility. § 985.441(1). The State asserts that these are discrete options…suggesting that the options set forth in section 985.441(1) are mutually exclusive. Indeed, to treat them…assertion that the dispositions described in section 985.441(1) are mutually exclusive was not made to the juvenile…turned on the fact that, in the version of section 985.441(1) at issue there, the provision addressing serious

R.S.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-23T00:00:00-08:00

Citation: 157 So. 3d 541, 2015 Fla. App. LEXIS 2455, 2015 WL 735697

Snippet: without making the required written findings. See § 985.441(2)(d), Fla. Stat. (2012) (authorizing the trial

P.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-14T00:00:00-07:00

Citation: 135 So. 3d 583, 2014 WL 1415214, 2014 Fla. App. LEXIS 5457

Snippet: residential restrictiveness level as required by section 985.441(2)(d), Florida Statutes. We affirm the first issue…make written findings in compliance with section 985.441(2)(d). See K.M.H. v. State, 91 So.3d 262 (Fla.

R.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-23T00:00:00-07:00

Citation: 123 So. 3d 698, 2013 WL 5744694, 2013 Fla. App. LEXIS 16903

Snippet: to make written findings as required by section 985.441(2)(d), Florida Statutes. Because the Department…enter a written order in compliance with section 985.441(2)(d), Florida Statutes. K.M.H. v. State, 91 So

D.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-10T00:00:00-07:00

Citation: 114 So. 3d 496, 2013 WL 2462120, 2013 Fla. App. LEXIS 9233

Snippet: by statute is an illegal sentence.”). Section 985.441(l)(b), Florida Statutes (2012), empowers a trial… placement. Such finding must be in writing. § 985.441(2), Fla. Stat. (2012). Here, in Case Number CJ-… of misdemean- or battery. Pursuant to section 985.441(2), he could be committed, at the most, to a moderate

K.M.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-03T00:00:00-07:00

Citation: 91 So. 3d 262, 2012 Fla. App. LEXIS 10606, 2012 WL 2545188

Snippet: to make the written finding required by section 985.441(2)(d), Florida Statutes, and that such finding …to make the written finding mandated by section 985.441(2)(d), Florida Statutes. We decline to reach the…not make the written finding required by section 985.441(2)(d), Florida Statutes, when it committed K.M.…probation based on a misdemeanor offense. Section 985.441, Florida Statutes, was amended in 2011 to restrict…new violation of law constituting a felony.” § 985.441(2), Fla. Stat. However, the statute provides four

J.B.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-25T00:00:00-07:00

Citation: 90 So. 3d 961, 2012 WL 2368979, 2012 Fla. App. LEXIS 10147

Snippet: offender disposition hearing under s. 985.441.” Section 985.441, Florida Statutes (2010), provides in …PADOVANO, JJ., concur. . For example, section 985.441(l)(c), Florida Statutes (2010), applies to a commitment…serious or habitual juvenile offenders. Section 985.441(l)(c)l expressly requires a "delinquency disposition…habitual juvenile offenders. By comparison, section 985.441(d), which gov-eras a commitment to the DJJ for