T.M. v. State

Petitioner seeks a writ of habeas corpus, alleging that he is being wrongfully detained in secure detention. Petitioner pled to lewd and lascivious conduct on a victim less than twelve years of age, and the trial court ordered Petitioner held in secure detention while awaiting an opening in a non-secure residential commitment program. Petitioner did not score high enough for secure detention on his risk assessment instrument, and the State concedes that the trial court did not enter any written findings otherwise justifying secure detention.

Generally, determinations regarding placement of a…