T.W., A CHILD, PETITIONER,
v.
LINDA EDWARDS-ELLIS, SUPERINTENDENT, LEON COUNTY REGIONAL DETENTION CENTER, RESPONDENT
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The court held that the juvenile was statutorily entitled to release from secure detention after five days.
A juvenile was placed in secure detention for 21 days after violating home detention terms, despite a statute limiting secure detention to five days i…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Previously this court granted T.W.’s petition for writ of habeas corpus by unpublished order. We now issue this opinion to explain our reasons for granting the petition.
T.W. was adjudicated delinquent and committed to a moderate risk facility. Unfortunately, the Department of Juvenile Justice was unable to immediately place T.W. in an appropriate facility and he was temporarily placed in home detention care pursuant to section 985.215(10)(a)l, Florida Statutes (2004). When T.W. was later found by the court to have violated the terms of his home detention, he was placed in secure detention for a period of 21 days. T.W.’s counsel objected and later moved for his client’s release after five days in secure detention, arguing that this was the maximum amount of time in secure detention authorized by statute. The motion for release was denied and T.W. then sought relief in this court by petition for writ of habeas corpus.
By its plain terms, section 985.215(10)(b) authorizes only five days of secure detention in these circumstances. The power to place those charged with, or found to have committed, a delinquent act in detention is entirely statutory in nature. S.W. v. Woolsey, 673 So. 2d 152 (Fla. 1st DCA 1996); § 985.213(2)(a), Fla. Stat. Moreover, our sister court found that ha-beas corpus relief was warranted in J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998), a case which appears to be indistinguishable from the instant one. In response to our order to show cause, the state admitted it could not show why the petition should not be granted and T.W. released from secure detention. We agree that this was the appropriate disposition in this case.
PETITION GRANTED.
ALLEN, KAHN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.C.F. v. State, 929 So. 2d 692 (Fla. 5th DCA 2006)
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D.L.W. v. State, 931 So. 2d 284 (Fla. 5th DCA 2006)…as only one violation of home detention, it was improper under section 985.215(10)(b), Florida Statutes, to impose any term of secure detention which exceeded five days. See T.C.F. v. State, 929 So. 2d 692 (Fla. 5th DCA 2006); T.W. v. Edwards-Ellis, 903 So. 2d 1050 (Fla. 1st DCA 2005); J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998). We therefore grant the petition and order that the child be immediately released from secure detention, as he has served more than five days in secure detention at this point.…
Authorities Cited
- Jones v. State, 673 So. 2d 152 (Fla. 1st DCA 1996)
- J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998)