S.M., A CHILD, PETITIONER,
v.
STATE OF FLORIDA AND DEPARTMENT OF JUVENILE JUSTICE, RESPONDENTS
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S.M., a juvenile, petitioned for habeas corpus relief challenging a home detention order pending a violation of probation hearing. The Fourth District Court of Appeal granted the petition, holding that Florida law does not permit home detention without a qualifying risk assessment score.
No. A court cannot order home detention without a qualifying RAI score. An RAI score of zero does not permit detention, and section 985.255(1)(h) of the Florida Statutes presupposes the existence of a qualifying RAI score before a court may continue detention.
[1] Home detention of a juvenile is permissible only when authorized by statute and requires strict compliance with statutory procedures.
[2] A juvenile court cannot order home detention without a qualifying risk assessment instrument (RAI) score.
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Join FLexlaw to unlock all legal intelligence“The detention of juveniles is governed entirely by statute and strict compliance is required.”
Establishes that juvenile detention orders must strictly comply with statutory procedures
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Join FLexlaw to unlock all legal intelligenceS.M. was arrested for a second-degree felony but the state lacked probable cause. The state then filed a petition for felony battery with a prior conv…
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S.M., a juvenile, petitions for a writ of habeas corpus seeking release from home detention pending a violation of probation hearing. We grant the petition, finding that section 985.255(l)(h), Florida Statutes (2011), does not permit home detention without a qualifying risk assessment score.
S.M. was arrested for a second degree felony. When brought before the court for a detention review hearing, the state did not have the requisite probable cause for the second degree felony but filed a petition charging S.M. with felony battery with a prior conviction. Because she did not have a prior conviction, but only a previous adjudication of delinquency withheld on misdemeanor battery charges, the court agreed that there was no probable cause for the felony battery, and it could not be scored on the risk assessment. Nevertheless, the state maintained that she had violated probation on the misdemeanor battery charges, and the prosecutor sought detention on the violation. The state asserted, however, that the score on the risk assessment instrument (RAI) should reflect zero points. Eventually all parties agreed to the zero points. The court placed S.M. on home detention. From this order, she has filed this petition for writ of habeas corpus contending that the court could not place her in home detention without a qualifying RAI score.
The detention of juveniles is governed entirely by statute and strict compliance is required. Z.B. v. Dep’t of Juvenile Justice, 938 So.2d 584, 585 (Fla. 1st DCA 2006). The court failed to follow the statutory procedures and in these circumstances could not order detention absent a qualifying RAI score. § 985.255(3)(a), Fla. *176Stat. (“Unless a child is detained under paragraph (l)(d) or paragraph (l)(e), the court shall use the results of risk assessment performed by the juvenile probation officer and, based on the criteria in subsection (1), shall determine the need for continued detention.”); A.S. v. Byrd, 777 So.2d 1171, 1172-73 (Fla. 4th DCA 2001) (quashing a home detention order because no RAI was prepared). An RAI score of zero does not permit detention.
Section 985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles charged with violating probation. This section permits a court to continue detention required by the juvenile probation officer during intake. § 985.255(1), Fla. Stat. (2011) (“Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home detention care or detained in secure detention care prior to a detention hearing may continue to be detained by the court if ... ”). During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25(l)(b), Fla. Stat. (2011). Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue detention.
Because S.M.’s RAI score was zero, the court erred in placing her in home detention.
Petition granted.
WARNER, HAZOURI and LEVINE, JJ., concur.
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State of Fla. & Dep't of Juv. Just. v. S.M., 131 So. 3d 780 (Fla. 2013)…(RAI) and whether a juvenile with a risk assessment score of zero may be placed in home detention when it is alleged that the juvenile has violated probation. We have for review the decision of the Fourth District Court of Appeal in S.M. v. State, 91 So. 3d 175 (Fla. 4th DCA 2012), which granted S.M.’s petition for a writ of habeas corpus. Despite not being provided with a copy of S.M.’s RAI, the Fourth District reasoned that “[bjecause S.M.’s RAI score was zero, the [trial] court erred in placing her in h…
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J.L.T. v. Dep't OF Juv. Just., 104 So. 3d 1257 (Fla. 2d DCA 2013)…ies for secure detention, a child who has a score of seven to eleven points qualifies for home detention, and a child who scores below seven points does not qualify for any form of detention.”). Quoting S.M. v. State, Department of Juvenile Justice, 91 So. 3d 175, 175 (Fla. 4th DCA 2012), the petitioners argue “that section 985.255(l)(h), Florida Statutes [ (2012) ], does not permit home detention without a qualifying risk assessment score.” Like the petitioners here, the juvenile petitioner in S.M. was all…
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H.D. v. Shore, 134 So. 3d 1062 (Fla. 4th DCA 2013)…st, we reject the State’s contention that the argument raised in this proceeding was not sufficiently preserved below. “The detention of juveniles is governed entirely by statute and strict compliance is required.” S.M. v. Dep’t of Juvenile Justice, 91 So. 3d 175, 175 (Fla. 4th DCA 2012). The juvenile demonstrated an entitlement to immediate release in that secure detention was not authorized by the statute under the circumstances of this ease. The juvenile detention statute does not authorize a court to or…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.S. v. Byrd, 777 So. 2d 1171 (Fla. 4th DCA 2001)
- Z.B. v. Dep't OF Juv. Just., 938 So. 2d 584 (Fla. 1st DCA 2006)