What Is the Detention Time Period for a Juvenile Prior to His Judicial Hearing ?
In State Department of Health & Rehabilitative Services v. Golden, 350 So. 2d 344 (Fla. 1976), the Court addressed a statute that set forth the period of time a juvenile may be detained prior to a judicial hearing. the provision setting forth the period of time a juvenile may be held before making a first appearance was considered substantive and within the prerogative of the Legislature so long as the time for holding the juvenile did not violate the constitution.
Florida Rule of Criminal Procedure 3.130(d) required the trial judge to determine and impose the conditions of pretrial release pursuant to rule 3.131 at the first appearance hearing.
Rule 3.131(b) pertains to the first appearance hearing and states that the court "shall conduct a hearing to determine pretrial release."
Rule 3.131(b)(1)(D) provides that, at first appearance, one of the pretrial release conditions to be considered is "placement of the defendant in the custody of a designated person or organization agreeing to supervise the defendant."