C.M.T., A CHILD, PETITIONER,
v.
THE HONORABLE A.C. SOUD, JR., CIRCUIT COURT JUDGE, AND JAMES WOOLSEY, SUPERINTENDENT OF THE DUVAL REGIONAL JUVENILE DETENTION CENTER, RESPONDENTS
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PER CURIAM.
C.M.T., a juvenile, pled guilty to petitions for delinquency charging misdemeanor offenses. The trial court committed him to the Department of Juvenile Justice for placement in a moderate-risk residential program. Immediate placement could not be made, however, and the trial court ordered petitioner held in secure detention for a maximum of 15 days or until placement. Seeking relief by petition for writ of habeas corpus, C.M.T. argued that secure detention was unauthorized by law where a Risk Assessment Instrument (RAI) did not support such detention and where there was no re-scoring of the RAJ in accordance with section 39.044(9), Florida Statutes (Supp.1994).
An order to show cause was issued and, having considered the response, it was determined that petitioner’s arguments were well taken. By previously issued unpublished order, this court granted the petition and directed petitioner’s immediate release from secure detention. It was expressly stated, however, that the trial court may order petitioner held in home detention of unlimited duration with electronic monitoring as authorized by section 39.044(10)(a), Florida Statutes (Supp.1994).
PETITION GRANTED.
BOOTH, WOLF and WEBSTER, JJ., concur.
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M.L.F. v. State, 678 So. 2d 1307 (Fla. 1st DCA 1996)…ible basis for “continued detention” might be. Finding no legal basis for the order directing that appellant be held in secure detention pending transfer to a moderate-risk residential facility, that order is reversed. See generally C.M.T. v. Soud, 662 So. 2d 1382 (Fla. 1st DCA 1995) (granting writ of habeas corpus when juvenile was shown to have been ordered held in secure detention, contrary to RAI score, pending placement in moderate-risk residential program). We do not order appellant’s immediate release…
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S.W. v. Woolsey, 673 So. 2d 152 (Fla. 1st DCA 1996)…ment, rescored based on newly discovered evidence or changed circumstances with the results recommending detention[,] is introduced into evidence.” In support of his argument, counsel cited R.W. v. Soud, 639 So. 2d 25 (Fla.1994), and C.M.T. v. Soud, 662 So. 2d 1382 (Fla. 1st DCA 1995). According to petitioner’s counsel, the fact that petitioner had been found to have committed the delinquent act with which she had been charged was “not a change in circumstances” because the RAI had already reflected a score of…1 / 2