J.B.S. v. State
2012 Fla. App. LEXIS 10147
| Fla. Dist. Ct. App. | 2012Background
- J.B.S., a juvenile, pled guilty to lewd and lascivious molestation of a victim under 12 and false imprisonment with exploitation.
- The trial court requested a DJJ predisposition report (PDR); DJJ recommended probation and community treatment.
- At a July 19, 2011 hearing, the State opposed probation; victim's father favored residential placement due to the incident’s premeditation.
- The court committed J.B.S. to DJJ for residential treatment and sought a restrictiveness level from DJJ, despite defense objection.
- A multidisciplinary conference led to DJJ recommending a moderate risk program; a psychologist testified about a community-based treatment option.
- At the August 11, 2011 hearing, the court rejected probation, adjudicated delinquent, and ordered a moderate risk DJJ placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deviation from DJJ restrictiveness level required E.A.R. analysis | J.B.S. argues E.A.R. requires reasons tied to rehabilitative needs. | Court held E.A.R. did not apply to initial determination under 985.433(6). | Affirmed; E.A.R. not applicable to the initial determination; court followed DJJ recommendation. |
| Whether the court properly followed the statutory two-step framework | Court should evaluate PDR and DJJ recommendation before disposition. | Court conducted multidisciplinary review and adopted DJJ’s restrictiveness level. | Affirmed; court complied with sections 985.433 and 985.475 and followed DJJ recommendation. |
Key Cases Cited
- E.A.R. v. State, 4 So.3d 614 (Fla. 2009) (requires reasoned justification for departural restrictive level; two-step framework)
- M.H. v. State, 69 So.3d 325 (Fla. 1st DCA 2011) (reversal when probation recommendation tied to restrictiveness level; need complete PDR analysis)