Bill Text: FL H0445 | 2010 | Regular Session | Comm Sub


Bill Title: Pretrial Detention and Release

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-04-30 - Died pending review of CS [H0445 Detail]

Download: Florida-2010-H0445-Comm_Sub.html
CS/CS/HB 445
1
A bill to be entitled
2An act relating to pretrial detention and release;
3amending s. 907.041, F.S.; requiring all pretrial release
4programs established by ordinance of a county commission,
5by administrative order of a court, or by any other means
6to facilitate the release of defendants from pretrial
7custody to conform to the policies and restrictions
8established in the act; preempting local ordinances,
9orders, or practices; requiring every pretrial release
10program to provide the first appearance court all
11pertinent information about the defendant, including the
12defendant's ability to pay for a surety appearance bond;
13requiring that the defendant meet certain specified
14criteria in order to be eligible for pretrial release;
15requiring that the pretrial release program certify in
16writing that the defendant satisfies each requirement for
17eligibility; requiring the court to determine whether a
18defendant is eligible to participate in the pretrial
19release program after reviewing certain reports; requiring
20that the pretrial release program notify each defendant of
21the time and place of each required court appearance;
22providing that the act does not prohibit a court from
23releasing a defendant on the defendant's own recognizance;
24providing that the act does not prohibit a court from
25imposing any other reasonable condition of release;
26prohibiting a pretrial release program from charging a
27defendant any administrative fees; providing that a
28pretrial release program may charge a defendant fees for
29services that have been ordered by the court; providing
30that a defendant may participate in pretrial release
31programs if the defendant qualifies for drug court, mental
32health court, or other similar programs; amending s.
33907.043, F.S.; providing that pretrial release program
34registers be updated monthly rather than weekly; providing
35an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (5) is added to section 907.041,
40Florida Statutes, to read:
41 907.041 Pretrial detention and release.-
42 (5) PRETRIAL RELEASE PROGRAMS.-
43 (a) A pretrial release program established by ordinance of
44the county commission, by administrative order of the court, or
45by any other means enacted or established to facilitate the
46release of defendants from pretrial custody is subject to the
47policies and restrictions established in this subsection which
48supersedes and preempts all local ordinances, orders, or
49practices.
50 (b) Every pretrial release program shall provide the first
51appearance court all pertinent information about the defendant,
52including the defendant's ability to pay for a surety appearance
53bond, so that the court may determine the defendant's conditions
54of release. A defendant is eligible to participate in a pretrial
55release program by order of the court only if the court finds
56that the defendant does not have the ability to pay or arrange
57for the posting of a surety appearance bond, and if the
58defendant:
59 1. Is not charged with a capital, life, or first degree
60felony;
61 2. Subject to the limitations of s. 903.046(2)(d), has not
62failed to appear at any court proceedings within the 12 months
63preceding the current arrest;
64 3. Is not, at the time of the arrest, on probation for
65another charge and is not facing charges for another crime in
66this state;
67 4. Has no prior convictions involving violence; and
68 5. Satisfies any other limitation upon eligibility for
69release which is in addition to those in this subsection,
70whether established by the board of county commissioners or the
71court.
72 (c) The pretrial release program must certify in writing
73to the court that the defendant satisfies each requirement of
74eligibility in paragraph (b) before a determination is made
75concerning the defendant's eligibility for placement in the
76pretrial release program.
77 (d) If a defendant seeks to post a surety bond pursuant to
78a bond schedule established by the administrative order, he or
79she must do so without any interaction with, or restriction by,
80the pretrial release program.
81 (e) The court shall determine whether the defendant is
82eligible to participate in the pretrial release program after
83the pretrial release program evaluates the defendant's
84eligibility and certifies its findings to the court.
85 (f) The pretrial release program shall notify every
86defendant released under this subsection of the times and places
87at which he or she is required to appear before the court.
88 (g) This subsection does not prohibit a court from
89releasing a defendant on the defendant's own recognizance.
90 (h) This subsection does not prohibit a court from
91imposing any reasonable conditions of release, including, but
92not limited to, electronic monitoring, drug testing, substance
93abuse treatment, and domestic violence counseling. A court may
94order the defendant pay for any services ordered as a condition
95of release.
96 (i) A pretrial release program may not charge a defendant
97who is participating in the program any fees other than those
98authorized by state law. However, a pretrial release program may
99charge a defendant fees for electronic monitoring, drug testing,
100substance abuse treatment, and other services that have been
101ordered by the court as a condition of release prior to trial.
102 (j) A court may order a defendant who does not meet the
103eligibility criteria in paragraph (b) to participate in a
104pretrial release program if the defendant is eligible under
105state law to participate in a drug court program, mental health
106court program, or a prison diversion program established under
107s. 921.00241.
108 Section 2. Subsection (3) of section 907.043, Florida
109Statutes, is amended to read:
110 907.043 Pretrial release; citizens' right to know.-
111 (3)(a) Each pretrial release program must prepare a
112register displaying information that is relevant to the
113defendants released through such a program. A copy of the
114register must be located at the office of the clerk of the
115circuit court in the county where the program is located and
116must be readily accessible to the public.
117 (b) The register must be updated monthly weekly and
118display accurate data regarding the following information:
119 1. The name, location, and funding source of the pretrial
120release program.
121 2. The number of defendants assessed and interviewed for
122pretrial release.
123 3. The number of indigent defendants assessed and
124interviewed for pretrial release.
125 4. The names and number of defendants accepted into the
126pretrial release program.
127 5. The names and number of indigent defendants accepted
128into the pretrial release program.
129 6. The charges filed against and the case numbers of
130defendants accepted into the pretrial release program.
131 7. The nature of any prior criminal conviction of a
132defendant accepted into the pretrial release program.
133 8. The court appearances required of defendants accepted
134into the pretrial release program.
135 9. The date of each defendant's failure to appear for a
136scheduled court appearance.
137 10. The number of warrants, if any, which have been issued
138for a defendant's arrest for failing to appear at a scheduled
139court appearance.
140 11. The number and type of program noncompliance
141infractions committed by a defendant in the pretrial release
142program and whether the pretrial release program recommended
143that the court revoke the defendant's release.
144 Section 3. This act shall take effect October 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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