D.P.O., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that electronic monitoring beyond 15 days without a continuance for cause is unauthorized detention under statute.
A child, D.P.O., petitioned for a writ of habeas corpus, challenging an order for electronic monitoring and a no-contact order. The electronic monitor…
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D.P.O., a child, petitions this court for a writ of habeas corpus, arguing she is being illegally held in nonsecure detention based on the trial court’s February 2, 2017 order placing her on electronic monitoring until March 30, 2017. She also claims she was illegally ordered to have no contact with the victim.
Section 985.26(3), Florida Statutes (2016), provides that a child may not be held in secure or nonsecure detention care for more than 15 days following the entry of an order of adjudication. Electronic monitoring is considered to be a form of nonsecure detention under section 985.03(18)(b), Florida Statutes (2017). Inasmuch as the order placing D.P.O. on electronic monitoring for more than 15 days following her adjudicatory hearing is unauthorized absent a delay pursuant to section 985.26(4), Florida Statutes,1 we *1065grant the writ and remand for entry of an order striking electronic monitoring.2
PETITION GRANTED.
BERGER, WALLIS and LAMBERT, concur.