M.W. v. Department of Juvenile Justice

M.W., a juvenile, petitions this court for habeas corpus relief, contending that he was unlawfully placed in secure detention based on a risk assessment instrument (RAI) that improperly “double scored” him for the same circumstance. Although M.W. has now been released from secure detention, we have retained jurisdiction in this matter because the issue is likely to recur yet may evade review. See J.R. v. State, 953 So.2d 690 (Fla. 1st DCA 2007).

Petitioner was arrested for an alleged violation of section 790.23(l)(b), Florida Statutes, which prohibits persons previously having been found to…