D.B. v. State

Confession of Error

D.B. petitions for a writ of habeas corpus, seeking release from home detention care with an electronic monitor. In its response, the State confesses error. The State acknowledges that D.B. does not qualify for home detention based on the risk assessment instrument. See § 985.213(2), Fla. Stat. (2002). The statute permits a more restrictive placement than that indicated by the risk assessment instrument, but to do so, “the court shall state, in writing, clear and convincing reasons for such placement.” Id. § 985.215(2)(j). No such reasons were given in this case.…