JIS v. State

930 So. 2d 587, 2006 WL 1278439
CourtSupreme Court of Florida
DecidedMay 11, 2006
DocketSC05-1097
StatusPublished

This text of 930 So. 2d 587 (JIS v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
JIS v. State, 930 So. 2d 587, 2006 WL 1278439 (Fla. 2006).

Opinion

930 So.2d 587 (2006)

J.I.S., a child, Petitioner,
v.
STATE of Florida, Respondent.

No. SC05-1097.

Supreme Court of Florida.

May 11, 2006.

*589 Nancy A. Daniels, Public Defender, John W. Hedrick and P. Douglas Brinkmeyer, Assistant Public Defenders, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Bureau Chief, Criminal Appeals, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, FL, for Respondent.

PARIENTE, C.J.

Is a juvenile delinquent who receives an indeterminate residential commitment to the Department of Juvenile Justice (DJJ) entitled to credit for time served in secure detention before the commitment? The First District Court of Appeal, whose decision we review, answered this question in the negative but certified conflict "[t]o the extent our opinion conflicts with E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991), L.K. v. State, 729 So.2d 1011 (Fla. 4th DCA 1999), J.B. v. State, 829 So.2d 376 (Fla. 4th DCA 2002), and C.C. v. State, 841 So.2d 657 (Fla. 4th DCA 2003)." J.I.S. v. State, 902 So.2d 890, 892 (Fla. 1st DCA 2005). We exercise our discretionary jurisdiction *590 to resolve the certified conflict. See art. V, § 3(b)(4), Fla. Const.

We agree with the First District that on an "indeterminate" commitment, which is a residential commitment on which DJJ retains authority over the offender until he or she reaches a statutorily prescribed age, precommitment credit for time served in secure detention is not required by any court rule, statute, or constitutional provision. Accordingly, we approve the First District's decision. However, to ensure that commitments will not exceed statutory limits, credit is required on a "determinate" commitment for an offense such as a misdemeanor that will necessarily conclude before the juvenile reaches the age at which DJJ's authority ends. To the extent that the First District's certification of conflict suggests that other district courts have held that credit is required on indeterminate commitments, we clarify this important distinction. We therefore disapprove the Second District's failure to distinguish determinate and indeterminate commitments in requiring credit in E.R., but approve the Fourth District's requirement of credit on determinate sentences in L.K., J.B., and C.C.

FACTS AND PROCEDURAL HISTORY

J.I.S. was taken into custody and placed in secure detention on a charge of lewd or lascivious battery on a person under sixteen, a second-degree felony. His case was continued five times and he remained in secure detention for eighty-six days pending an adjudicatory hearing. After finding J.I.S. guilty, the trial court again ordered that he remain in secure detention. By the time of his disposition hearing, he had been in secure detention for 107 days.[1] In the disposition hearing, the trial court imposed a high-risk commitment to DJJ followed by postcommitment probation. The trial court denied J.I.S.'s oral request for credit for time served in secure detention. The written "Sentencing Order and Judgment" form is silent as to predisposition credit.

J.I.S. appealed. His appellate counsel filed a motion to correct disposition error under Florida Rule of Juvenile Procedure 8.135(b)(2). The motion requested credit for the 107 days served in secure detention before disposition. Following a hearing, the trial court granted the motion "in principle" but denied it "in reasonable effect." The trial court concluded that because J.I.S.'s commitment on a second-degree felony punishable by a fifteen-year sanction was indefinite, credit for time served would have no real meaning.

The First District affirmed the denial of credit, giving two reasons. First, the court observed that because juvenile commitments are indeterminate in length, there is no definite point against which credit for time served could be subtracted. Thus, "an award of credit for time served in secure detention would have no effect on the length of a juvenile's commitment, and would be a futile exercise and a waste of judicial resources." J.I.S., 902 So.2d at 890. Second, the court relied on the difference in purposes served *591 by incarceration in the adult criminal and juvenile justice systems. According to the First District, credit for time served is consistent with the punitive purpose of incarceration in the criminal justice system in that it limits the overall duration of imprisonment to the term imposed by the sentencing court. See id. at 891. In contrast, a juvenile delinquency commitment serves the primary purpose of rehabilitation or treatment, and concludes when the offender is rehabilitated or treated. "That treatment or rehabilitative effort may take longer in some situations than in others. The time required depends on how well the juvenile responds. Accordingly, the rationale for awarding credit for time served is not applicable in the juvenile context." Id. at 892.

In a separate opinion concurring in the judgment, Judge Benton noted that because a juvenile delinquency commitment cannot exceed the maximum sentence that could be imposed for the crime in the criminal justice system, credit for time served in secure detention could determine the date the juvenile must be released on a commitment for a misdemeanor. He also pointed out that an adjudication on a felony such as lewd or lascivious battery could subsequently be reduced to the misdemeanor of simple battery, for which a commitment could not exceed one year. Therefore, "[t]he better practice, in my view, is for the trial judge to note in the disposition order any time the juvenile has already spent in confinement. Making such a finding would prove useful in some cases and should not prove anti-therapeutic in any way." Id. at 893 (Benton, J., concurring in the judgment).

ANALYSIS

This case presents the issue of a juvenile's entitlement to credit for time served in secure detention against a residential commitment to DJJ. The facts are not in dispute. In a recent decision concerning entitlement to jail credit on an adult sentence, we addressed the issue de novo. See Moore v. State, 882 So.2d 977, 980 (Fla.2004). The same review standard applies here. In addressing the issue, we look to the sources of the requirement of presentencing jail credit; the differences in adult criminal sentencing and juvenile delinquency sentencing, both in purpose and operation; and pertinent district court precedent, including the decision below and the certified conflict cases.

CREDIT FOR TIME SERVED IN THE CRIMINAL JUSTICE SYSTEM

An adult offender sentenced to a term of imprisonment is statutorily entitled to credit for time served in county jail before imposition of sentence:

A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.

§ 921.161(1), Fla. Stat. (2005). Relying on the mandatory language of this provision, this Court has held that "a sentence that does not mandate credit for time served would be illegal since a trial court has no discretion to impose a sentence without crediting a defendant with time served." State v. Mancino, 714 So.2d 429, 433 (Fla. 1998). Under Mancino,

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J.I.S. v. State
930 So. 2d 587 (Supreme Court of Florida, 2006)

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Bluebook (online)
930 So. 2d 587, 2006 WL 1278439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jis-v-state-fla-2006.