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S.M. v. STATE, DEPT. OF JUVENILE JUSTICE

No. 4D12-1751.

91 So.3d 175 (2012)

S.M., a child, Petitioner, v. STATE of Florida and DEPARTMENT OF JUVENILE JUSTICE, Respondents.

District Court of Appeal of Florida, Fourth District.

May 25, 2012.

Attorney(s) appearing for the Case

Diamond R. Litty , Public Defender, and Renee M. Rancour , Assistant Public Defender, Vero Beach, for petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for respondent State of Florida.

PER CURIAM.

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(1)(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...

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