Fla. Stat. § 985.46 — Florida Code / Title XLVII / Chapter 985 / Part VII / Section 985.46
985.46 Conditional release.
Status: in_force

(1) The Legislature finds that: (a) Conditional release is the care, treatment, help, supervision, and provision of transition-to-adulthood services to juveniles released from residential commitment programs to promote rehabilitation and prevent recidivism. (b) Conditional release services can contribute significantly to a successful transition of a juvenile from a residential commitment to the juvenile’s home, school, and community. Therefore, the best efforts should be made to provide for a successful transition. (c) The purpose of conditional release is to protect safety; reduce recidivism; increase responsible productive behaviors; and provide for a successful transition of care and custody of the youth from the state to the family. (d) Accordingly, conditional release should be included in the continuum of care.

(2) It is the intent of the Legislature that: (a) Commitment programs include rehabilitative efforts on preparing committed juveniles for a successful release to the community. (b) Conditional release transition planning begins as early in the commitment process as possible. (c) Each juvenile committed to a residential commitment program receive conditional release services upon release from the commitment program unless the juvenile is directly released by the court.

(3) For juveniles referred or committed to the department, the function of the department may include, but shall not be limited to, supervising each juvenile on conditional release when released into the community from a residential commitment facility of the department, providing such counseling and other services as may be necessary for the families and assisting their preparations for the return of the child. Subject to specific appropriation, the department shall provide for outpatient sexual offender counseling for any juvenile sexual offender released from a residential commitment program as a component of conditional release.

(4) A juvenile under nonresidential commitment placement continues on commitment status and is subject to transfer under s. 985.441(4).

(5) Conditional release supervision shall contain, at a minimum, the following conditions: (a) Participation in the educational program by students of compulsory school attendance age pursuant to s. 1003.21(1) and (2)(a). A student of noncompulsory school-attendance age who has not received a high school diploma or its equivalent must participate in an educational program or career and technical education course of study. A youth who has received a high school diploma or its equivalent and is not employed must participate in workforce development or other career or technical education or attend a community college or a university while in the program. (b) A curfew. (c) A prohibition on contact with victims, codefendants, or known gang members. (d) A prohibition on use of controlled substances. (e) A prohibition on possession of firearms.

(6) A youth who violates the terms of his or her conditional release shall be assessed using the graduated response matrix as described in s. 985.438. A youth who fails to move into compliance shall be recommitted to a residential facility.

History: s. 5, ch. 90-208; s. 55, ch. 94-209; s. 1354, ch. 95-147; s. 5, ch. 95-266; s. 47, ch. 95-267; s. 60, ch. 97-238; s. 17, ch. 99-284; s. 43, ch. 2000-135; s. 6, ch. 2000-137; s. 32, ch. 2001-125; s. 1052, ch. 2002-387; s. 8, ch. 2005-263; s. 54, ch. 2006-120; s. 4, ch. 2011-54; s. 26, ch. 2014-162; s. 18, ch. 2024-130.