T. F., Appellant/Petitioner(s), v. VEGUILLA (2019)

The petition for writ of habeas corpus is granted. The petitioner shall be brought before the trial court immediately with respect to the proceeding for which the habeas petition was filed. Because the appendix to the habeas petition reflects that the petitioner has not been charged with a new law violation arising out of her arrest on March 15, 2019, and because, as a result, the risk assessment instrument (RAI) in the appendix to the habeas petition appears to have relied improperly on section 985.245(4), Florida Statutes (2018) (permitting an RAI to be scored based on the underlying charge when a juvenile has been charged with a new offense while on probation) an amended RAI shall be completed that does not take into account the underlying burglary charge and an appropriate “Detain/Release Decision” (RAI, § III.G.) shall be determined.

This granting of habeas petition is without prejudice to the State, in the alternative, to file a petition for delinquency, consistent with section 985.318 and Florida Rule of Juvenile Procedure 8.035, on any new charges arising out of the petitioner's arrest on March 15, 2019, and to complete an amended RAI. Credit for time served in detention in the instant proceeding shall be awarded if the score on an amended RAI permits the court to hold the petitioner in secure detention. The petitioner's petition for writ of certiorari is denied.

BY ORDER OF THE COURT:

SLEET, LUCAS, and ATKINSON, JJ., Concur.