FLORIDA DEPARTMENT OF JUVENILE JUSTICE, AND L.W.P., A CHILD, PETITIONERS,
v.
FORREST HALLAM, SUPERINTENDENT, ALACHUA REGIONAL JUVENILE DETENTION CENTER, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Department of Juvenile Justice and a juvenile (L.W.P.) petitioned for a writ of habeas corpus after L.W.P. was sentenced to five days secure detention for direct contempt of court. The First District Court of Appeal granted the petition, holding that a juvenile cannot be placed in secure detention for contempt punishment unless alternative sanctions are unavailable or the child has already failed to comply with an ordered alternative sanction.
A juvenile cannot be placed in a secure facility for purposes of punishment for contempt of court unless the circuit court first considers whether alternative sanctions are unavailable or inappropriate, or unless the child has already been ordered to serve an alternative sanction but failed to comply. The court granted the habeas corpus petition because neither condition was satisfied.
[1] A juvenile's detention in a secure facility for contempt of court is improper if alternative sanctions are available or appropriate, or if the child has not previously fa…
[2] A petition for writ of habeas corpus challenging a juvenile's detention may be considered even if the juvenile has already served the detention period, if the issues are…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“L.W.P. could not be "placed in a secure facility for purposes of punishment for contempt of court." § 984.09(2) and 4(c), Fla. Stat. (2015)”
Establishes the primary holding that secure detention for contempt is prohibited unless statutory conditions are met
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceL.W.P., a juvenile, was found in direct contempt of court by the Seventh Judicial Circuit and sentenced to five days secure detention at the Alachua R…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alternative Sanctions cases and more on FLexlaw
After the juvenile L.W.P. was found in direct contempt of court by the circuit .court, Seventh judicial Circuit, and sentenced to five days secure detention in the Alachua Regional Juvenile Detention Center, Petitioner, Florida Department of Juvenile Justice, filed a petition for writ of habeas corpus in this Court contending that L.W.P. was being illegally detained.1 While L.W.P. has served the five days secure detention, since the issues involved here “will recur, yet evade review because of the short period of time that a juvenile will be detained” we decline to dismiss the petition as moot. State v. S.M., 131 So.3d 780, 783 (Fla.2013); see also K.E. v. Dep’t of Juvenile Justice, 963 So.2d 864, 866 (Fla. 1st DCA 2007). Sinee the circuit *1285court did not consider “if alternative sanctions are unavailable or inappropriate” and since there is no evidence that “the child has already been ordered to serve an alternative sanction but failed to comply with the sanction,” L.W.P. could not be “placed in a secure facility for purposes of punishment for contempt of court.” § 984.09(2) and 4(c), Fla. Stat. (2015); see also A.A. v. Rolle, 604 So.2d 813, 815 (Fla.1992) (“the sanctions to be used by the courts in punishing contempt may properly be limited by statute”). The petition for habeas corpus is therefore granted.
PETITION GRANTED.
OSTERHAUS, BILBREY, and KELSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- A.A. v. Cornell Rolle, 604 So. 2d 813 (Fla. 1992)
- State of Fla. & Dep't of Juv. Just. v. S.M., 131 So. 3d 780 (Fla. 2013)
- K.E. v. Dep't OF Juv. Just., 963 So. 2d 864 (Fla. 1st DCA 2007)