R.A.P. v. Parkins

R.A.P., a juvenile who was charged with violating his probation without committing a new law offense, petitioned this court for a writ of habeas corpus, arguing that secure detention is not authorized in this circumstance. We agreed and ordered his release. We now publish this opinion to set forth our reasoning.

Petitioner was found to be delinquent and was committed to a term in a moderate risk program to be followed by probation. After the probation commenced, the Gainesville Police Department filed an affidavit which alleged that petitioner had violated a curfew provision in the probation…