1. (1) All determinations and court orders regarding the use of secure, nonsecure, or home detention shall be based primarily upon findings that the child:

   1. (a) Presents a substantial risk of not appearing at a subsequent hearing;
   2. (b) Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior;
   3. (c) Presents a history of committing a property offense prior to adjudication, disposition, or placement;

   4. (d) Has committed contempt of court by:

      1. Intentionally disrupting the administration of the court;

      2. Intentionally disobeying a court order; or

      3. Engaging in a punishable act or speech in the court's presence which shows disrespect for the authority and dignity of the court; or

   5. (e) Requests protection from imminent bodily harm.
2. (2) (a) 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 subparagraph (b)3.

3. (b) 1. The risk assessment instrument for detention care placement determinations and orders shall be developed by the Department of Juvenile Justice in agreement with representatives appointed by the following associations: the Conference of Circuit Judges of Florida, the Prosecuting Attorneys Association, and the Public Defenders Association. 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. The risk assessment instrument shall take into consideration, but need not be limited to, prior history of failure to appear, prior offenses, offenses committed pending adjudication, any unlawful possession of a firearm, theft of a motor vehicle or possession of a stolen motor vehicle, and community control status at the time the child is taken into custody. The risk assessment instrument shall also take into consideration appropriate aggravating and mitigating circumstances, and shall be designed to target a narrower population of children than s. 985.215(2). 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, nonsecure, or home detention care.

   2. 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.

   3. A child who is charged with committing an offense of domestic violence as defined in s. 741.28(1) and who does not meet detention criteria may be held in secure detention if the court makes specific written findings that:

   a. The offense of domestic violence which the child is charged with committing caused physical injury to the victim;

   b. Respite care for the child is not available; and

   c. It is necessary to place the child in secure detention in order to protect the victim from further injury. The child may not be held in secure detention under this subparagraph for more than 48 hours unless ordered by the court. After 48 hours, the court shall hold a hearing if the state attorney or victim requests that secure detention be continued. The child may continue to be held in secure detention if the court makes a specific, written finding that secure detention is necessary to protect the victim from further injury. However, the child may not be held in secure detention beyond the time limits set forth in s. 985.215.

4. (3) (a) While a child who is currently enrolled in school is in nonsecure or home detention care, the child shall continue to attend school unless otherwise ordered by the court.
5. (b) While a child is in secure detention care, the child shall receive education commensurate with his or her grade level and educational ability.
6. (4) The Department of Juvenile Justice shall continue to identify alternatives to secure detention care and shall develop such alternatives and annually submit them to the Legislature for authorization and appropriation.

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. 1342, ch. 95-147; s. 9, ch. 95-267; s. 21, ch. 97-238; s. 79, ch. 98-280.

Note.--Former s. 39.042.