Modify Condition of Release – Home Detention

UNOPPOSED MOTION TO MODIFY CONDITIONS OF RELEASE

COMES NOW the Child, by and through his undersigned counsel, and hereby respectfully requests this Honorable Court to modify the Defendant’s release status from Home Detention to straight release to his parents, with the special condition he have not contact with the alleged victim, and with no opposition from the State, and in support thereof, the Child states as follows:

1. The Child was arrested on July 10. The Juvenile Arrest Report mistakenly alleged a violation of § 794.011(5)(a), Fla. Stat., a first degree felony, where the defendant is 18 years of age or older.
2. The Parties agree the Child was 17 at the time of the alleged offense, and the original charge was improper. The proper alleged charge is sexual battery by a person younger than 18, on a person over the age of 12, a violation of § 794.011(5)(c), Fla. Stat., a second degree felony. (The alleged victim was also17 years old at the time of the alleged offense).
3. Based on the improper charge alleged in the Arrest Report, the Department of Juvenile Justice (DJJ) improperly assessed 12 points for the crime, in its Detention Risk Assessment Instrument (DRAI). Although the Child had no prior record, the 12 points (improperly) assessed for the crime, made him eligible for Secure Detention.
4. At the detention hearing on July 11, the Court was apprised of the mistake in the charge and the mistake on the DRAI, and without objection from the State, placed the Child on Home Detention, with the special condition that he have no victim contact.
5. The Child waived the 21-day trial requirement and speedy trial.
6. The Child has been cooperating with the State to resolve this case.
7. The Child has remained in full compliance with Home Detention, with no violations of that program. He has also not had any contact with the alleged victim.
8. The Child lives in Jacksonville with his mother and step-father, K. and M. He spends every other weekend in Palatka, with his father and stepmother, P. and E. His parents have had no disciplinary issues with him, and he is in full compliance with their rules.
9. Home Detention requires that the Child check in with their program in downtown Jacksonville every weekend. Due to this requirement, the Child must shorten the time he spends with his father in Palatka every other weekend.
10. The State, by and through T. M., has permitted counsel to note the State does not oppose the Child being on straight release, with the special condition of no victim contact.

WHEREFORE, it is respectfully requested that the Court amend the Rules of Home Detention Supervision, as requested herein.