Opinion
Case No. 3D06-288.
Opinion filed February 13, 2006.
A case of original jurisdiction — habeas corpus, Lower Tribunal Nos. 06-869, 05-8290, 05-6640.
Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for petitioner.
Charles J. Crist, Jr. Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for respondents.
Before GERSTEN, GREEN, and SUAREZ, JJ.
L.D., a juvenile, filed a petition for writ of habeas corpus contending she is being illegally held in secure pre-trial detention in violation of the risk assessment instrument requirements and detention statute. See § 985.215(2)(a)-(j), Fla. Stat. (2005). Because the trial court ordered the juvenile to remain in secure detention without providing written reasons for ordering a more restrictive placement than the risk assessment instrument indicated, we grant the petition. See § 985.215 (2)(j), Fla. Stat. (2005).
To ensure that the petitioner is not improperly kept in detention, we order the trial court either to enter a written order in accordance with section 985.215(2)(j), Florida Statutes (2005), or to release L.D. from secure detention by five p.m. on the second business day that follows the date of this opinion.See K.M. v. Dep't of Juv. Justice, 898 So. 2d 1193 (Fla. 1st DCA 2005). This opinion shall take effect immediately not withstanding the filing for any motion for rehearing.
Petition granted.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.