Rule 8.013. DETENTION PETITION AND ORDER

RULE 8.013. DETENTION PETITION AND ORDER

(a)

Time Limitation. No child taken into custody may be

detained, as a result of the incident for which taken into custody,

longer than as provided by law unless a detention order so directing

is made by the court following a detention hearing.

(b)

Additional Requirements for Supervised Release

Detention.

(1)

All motions to extend detention as provided by law must

be in writing and filed with the court.

(2)

For a child who is placed on supervised release detention

care prior to an adjudicatory hearing the court must conduct a

hearing within 15 days after the 60th day. Upon written findings as

provided by law, the court may order the child to continue on

supervised release detention until the adjudicatory hearing is

completed.

(c)

Additional Requirements for Secure Detention.

(1)

All motions to extend detention as provided by law must

be in writing and filed with the court. Reasonable notice must be

provided to the opposing party.

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(2)

A written motion to extend secure detention must be

heard before the expiration of the current period to determine the

need for continued secure detention care. If the child meets the

criteria for continued secure detention as provided by law, the court

may order the child to continue secure detention upon the required

written findings. The court must order that the adjudicatory

hearing commence as soon as reasonably possible.

ure detention must be

heard before the expiration of the current period to determine the

need for continued secure detention care. If the child meets the

criteria for continued secure detention as provided by law, the court

may order the child to continue secure detention upon the required

written findings. The court must order that the adjudicatory

hearing commence as soon as reasonably possible.

(d)

Additional Requirement for Designated Offenses.

(1)

All motions to release a juvenile for whom probable

cause was found for one or more of the offenses listed in section

985.255, Florida Statutes, if made after the initial detention

hearing, must be in writing and filed with the court. Reasonable

notice must be provided to the opposing party.

(2)

The moving party must present evidence supporting

their position and the opposing party may offer rebuttal evidence.

(3)

On making findings as provided by law, if the court

releases the child from secure detention, the court must state in

writing the reasons that the child does not present a risk to public

safety or a danger to the community. The order must list the child’s

prior adjudications, dispositions, and prior violations of pretrial

release orders.

(4)

The court must provide a copy of the release order

to the victim, the law enforcement agency that arrested the child,

and the law enforcement agency with primary jurisdiction over the

child’s primary residence.

(e)

Petition. The detention petition must:

(1)

be in writing and be filed with the court;

(2)

state the name and address of the child or, if

unknown, designate the child by any name or description by which

he or she can be identified with reasonable certainty;

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(3)

state the age and sex of the child or, if the age is

unknown, that the child is believed to be of an age which will make

him or her subject to the procedures covered by these rules;

(4)

state the reasons why the child is in custody and

needs to be detained;

ription by which

he or she can be identified with reasonable certainty;

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(3)

state the age and sex of the child or, if the age is

unknown, that the child is believed to be of an age which will make

him or her subject to the procedures covered by these rules;

(4)

state the reasons why the child is in custody and

needs to be detained;

(5)

recommend the place where the child is to be

detained or the agency to be responsible for the detention; and

(6)

be signed by an authorized agent of the Department

of Juvenile Justice or by the state attorney or assistant state

attorney; and

(7)

state the conditions, if any, being requested that are

necessary to preserve public safety or to ensure the child’s safety or

appearance in court.

(f)

Order. The detention order must:

(1)

be in writing;

(2)

state the name and address of the child or, if

unknown, designate the child by any name or description by which

he or she can be identified with reasonable certainty;

(3)

state the age and sex of the child or, if the age is

unknown, that the child is believed to be of an age which will make

him or her subject to the procedures covered by these rules;

(4)

order that the child must be held in detention and

state the reasons therefor, or, if appropriate, order that the child be

released from detention and returned to his or her nonresidential

commitment program;

(5)

make a finding that probable cause exists that the

child is delinquent or that such a finding cannot be made at this

time and that the case is continued for such a determination to a

time certain within 72 hours from the time the child is taken into

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custody unless this time is extended by the court for good cause

shown for not longer than an additional 24 hours;

use exists that the

child is delinquent or that such a finding cannot be made at this

time and that the case is continued for such a determination to a

time certain within 72 hours from the time the child is taken into

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custody unless this time is extended by the court for good cause

shown for not longer than an additional 24 hours;

(6)

If the child is being detained on an offense that is

classified as an act of domestic violence for 48 hours as provided by

law, the detention order must include specific written findings that:

(A)

respite care for the child is not available; and

(B)

it is necessary to place the child in secure

detention in order to protect the victim form injury;

(7)

designate the place where the child is to be detained

or the person or agency that will be responsible for the detention

and state any special conditions found to be necessary;

(8)

state the date and time when issued and the county

and court where issued, together with the date and time the child

was taken into custody;

(9)

direct that the child be released no later than 5:00

p.m. on the last day of the specified statutory detention period,

unless a continuance has been granted to the state or the child for

cause; and

(10) be signed by the court with the title of office.