D.B., A JUVENILE, PETITIONER,
v.
THE STATE OF FLORIDA, AND GEORGE LAFLAM, SUPERINTENDENT, MIAMI-DADE JUVENILE DETENTION CENTER, RESPONDENTS
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Confession of Error
PER CURIAM.
D.B. petitions for a writ of habeas corpus, seeking release from home detention care with an electronic monitor. In its response, the State confesses error. The State acknowledges that D.B. does not qualify for home detention based on the risk assessment instrument. See § 985.213(2), Fla. Stat. (2002). The statute permits a more restrictive placement than that indicated by the risk assessment instrument, but to do so, “the court shall state, in writing, clear and convincing reasons for such placement.” Id. § 985.215(2)(j). No such reasons were given in this case. Accordingly we grant the petition for writ of habeas corpus and direct that D.B. be released from home detention. See K.C. v. Taylor, 696 So. 2d 858 (Fla. 2d DCA 1997); D.G.H. v. Gnat, 682 So. 2d 210 (Fla. 1st DCA 1996); cf. R.G. v. State, 817 So. 2d 1019 (Fla. 3d DCA 2002) (discussing statute). The court may revisit the issue if there is a basis to do so.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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K.E. v. Dep't OF Juv. Just., 963 So. 2d 864 (Fla. 1st DCA 2007)…The written statement of the clear and convincing reasons for deviating from the level of restrictiveness indicated by the standardized scoring is not optional; it is required in order to make a more restrictive placement lawful. See D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003). The procedure for justifying a deviation promotes a broader legislative policy of controlling the use of detention. This policy is expressed in section 985.02(4), in the following terms: “The Legislature finds that detention sho…
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K.M. v. Dep't OF Juv. Just., 898 So. 2d 1193 (Fla. 1st DCA 2005)…ition, the state correctly concedes that petitioner’s argument is well-taken. J.J. v. Fryer, 765 So. 2d 260 (Fla. 4th DCA 2000); C.L.C. v. State, 863 So. 2d 397 (Fla. 4th DCA 2003); M.P. v. Gardner, 838 So. 2d 711 (Fla. 4th DCA 2003); D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003). We therefore conclude that the petition must be granted. A closer question, however, is the relief to which petitioner is entitled. The state argues that relief should be in the alternative, ordering the court to either comply w…
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C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA 2006)…898 So. 2d 1193 (Fla. 1st DCA 2005); M.P. v. Gardner, 888 So. 2d 711 (Fla. 4th DCA 2003). Accordingly, the petition for writ of ha-beas corpus is hereby granted and Petitioner shall be released immediately from secure detention. See D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003) (ordering a child released from home detention when the trial judge did not enter written reasons why it did not comply with RAI placement recommendation). See also R.G. v. State, 817 So. 2d 1019 (Fla. 3d DCA 2002) (granting writ…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- R.G. v. State, 817 So. 2d 1019 (Fla. 3d DCA 2002)
- In the Interest of D.G.H. v. Gnat, 682 So. 2d 210 (Fla. 1st DCA 1996)
- In the Interest of K.C. v. Taylor, 696 So. 2d 858 (Fla. 2d DCA 1997)