J.L., A CHILD, PETITIONER,
v.
TIM MCCORMICK, AS SUPERINTENDENT, SOUTHWEST FLORIDA JUVENILE DETENTION CENTER, DEPARTMENT OF JUVENILE JUSTICE, RESPONDENT
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PER CURIAM.
This emergency petition for writ of habeas corpus seeks the release of J.L. from an order of secure detention entered February 27, 1996. The parties to this proceeding agree that the child scored zero points on his detention risk assessment instrument. The court detained him because of his failure to appear in court to answer to a delinquency petition alleging he had committed an affray, an offense which would be a misdemeanor if committed by an adult.
Section 39.044(2), Florida Statutes (1995), does not provide for the continued detention of a child prior to his adjudication unless certain preconditions are met, none of which pertain to J.L. His detention is unlawful. S.J. v. State, 596 So. 2d 1181 (Fla. 5th DCA 1992); W.N. v. Fryer, 572 So. 2d 24 (Fla. 4th DCA 1990).
We grant the petition for writ of habeas corpus, and order the child released from the detention ordered by the trial court on February 27, 1996, unless he has been afforded an adjudicatory hearing.
CAMPBELL, A.C.J., and SCHOONOVER and WHATLEY, JJ., concur.
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In the Interest of K.C. v. Taylor, 696 So. 2d 858 (Fla. 2d DCA 1997)…a Statutes (1995). Use of a risk assessment instrument is a legislative mandate, and trial courts which fail to establish legitimate reasons to forego the instrument’s directive, as is their option, are not upholding the law. See J.L. v. McCormick, 671 So. 2d 202 (Fla. 2d DCA 1996). We sympathize with the trial court’s frustration that, absent clear and convincing reasons to depart from the placement required by the risk assessment instrument, the court had no choice but to release K.C. from secure detention…
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W.D.S. v. Col. August W. Bremer, Jr., 691 So. 2d 68 (Fla. 3d DCA 1997)…PER CURIAM. Based on our review of the record, the applicable law, and the state’s confession of error, we grant the juvenile’s emergency petition for a writ of habeas corpus. See J.L. v. McCormick, 671 So. 2d 202 (Fla. 2d DCA 1996), and cases cited therein. We further order that the juvenile be released from detention forthwith.…
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Authorities Cited
- W.N. v. Fryer, 572 So. 2d 24 (Fla. 4th DCA 1990)
- S.J. v. State, 596 So. 2d 1181 (Fla. 5th DCA 1992)