R.G. v. State

This is an emergency petition for writ of habeas corpus seeking the release of petitioner R.G. from secure detention pending a juvenile disposition hearing scheduled for June 3, 2002. The petition alleges that the juvenile is being unlawfully detained contrary to sections 985.213(2), 985.215(2) and (9), 985.207(1)(d) and 985.231(1)(a)1.c, Florida Statutes (2000).

Habeas corpus is the proper remedy where a juvenile is being detained illegally in violation of the risk assessment requirements and the detention statute. See A.S. v. Byrd, 777 So.2d 1171 (Fla. 4th DCA 2001) (granting a habeas corpus…